Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Erigeron decumbens var. decumbens (Willamette Daisy) and Fender's Blue Butterfly (Icaricia icarioides fenderi) and Proposed Threatened Status for Lupinus sulphureus ssp. kincaidii (Kincaid's lupine)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE53

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Erigeron decumbens var. decumbens (Willamette

Daisy) and Fender's Blue Butterfly (Icaricia icarioides fenderi) and

Proposed Threatened Status for Lupinus sulphureus ssp. kincaidii

(Kincaid's lupine)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes

endangered status pursuant to the Endangered Species Act (Act) of 1973,

as amended, for a plant and a butterfly, Erigeron decumbens var.

decumbens (Willamette daisy) and Fender's blue butterfly (Icaricia

icarioides fenderi), and proposes threatened status for a plant,

Lupinus sulphureus ssp. kincaidii (Kincaid's lupine). These species are

restricted to native prairie in the Willamette Valley of Oregon and are

currently known from a few small remnants of a formerly widespread

distribution. In addition to its Oregon occurrences, L. sulphureus ssp.

kincaidii is also known from one small site in southern Washington. The

three taxa are threatened by one or more of the following--commercial

and/or residential development, agriculture, silviculture, road

improvement, over-collection, herbicide use, and naturally occurring

demographic and random environmental events. This proposal, if made

final, would invoke the Federal protection and recovery provisions of

the Act for these plant and butterfly species.

DATES: Comments from all interested parties must be received by March

30, 1998. Public hearing requests must be received by March 13, 1998.

improvement, over-collection, herbicide use, and naturally occurring

demographic and random environmental events. This proposal, if made

final, would invoke the Federal protection and recovery provisions of

the Act for these plant and butterfly species.

DATES: Comments from all interested parties must be received by March

30, 1998. Public hearing requests must be received by March 13, 1998.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the State Supervisor, U.S. Fish and Wildlife Service, Oregon

State Office, 2600 SE 98th Ave., Suite 100, Portland, Oregon 97266.

Comments and materials received will be available for public

inspection, by appointment, during normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: Dr. Andrew F. Robinson, Jr., Botanist;

or Diana Hwang, Fish and Wildlife Biologist, U.S. Fish and Wildlife

Service (see ADDRESSES section above or telephone 503-231-6179, FAX

503-231-6195).

SUPPLEMENTARY INFORMATION:

Background

Fender's blue butterfly (Icaricia icarioides fenderi), Lupinus

sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens

var. decumbens (Willamette daisy) are restricted to the Willamette

Valley of Oregon. The valley is a 209 kilometer (km) long (130 miles

(mi)) and 32-64 km (20-40 mi) wide alluvial flood plain with an overall

northward gradient (Orr et al. 1992). The valley is narrow and flat at

its southern end, widening and becoming hilly near its northern end at

the confluence of the Willamette and Columbia Rivers. In addition to

its Oregon occurrences, L. sulphureus ssp. kincaidii is also known from

one small site in southern Washington.

The alluvial soils of the Willamette Valley and southern Washington

host a mosaic of grassland, woodland, and forest communities. Fender's

blue butterfly, Lupinus sulphureus ssp. kincaidii, and Erigeron

decumbens var. decumbens occupy native grassland habitats within the

Willamette Valley

egon occurrences, L. sulphureus ssp. kincaidii is also known from

one small site in southern Washington.

The alluvial soils of the Willamette Valley and southern Washington

host a mosaic of grassland, woodland, and forest communities. Fender's

blue butterfly, Lupinus sulphureus ssp. kincaidii, and Erigeron

decumbens var. decumbens occupy native grassland habitats within the

Willamette Valley. Based on the limited available evidence, Franklin

and Dyrness (1973) asserted that most Willamette Valley grasslands are

seral (one stage in a sequential progression), requiring natural or

human-induced disturbance for their maintenance. Johannessen et al.

(1971) indicated that the vast majority of Willamette Valley grasslands

would be forested if left undisturbed. Important exceptions to this

successional pattern are grass balds on valley hillsides, which may be

climax grasslands due to the presence of deep, fine-textured, self-

mulching soils or xeric (very dry) lithosoils (Franklin and Dyrness

1973).

Two native prairie types occur in the Willamette Valley, wet

prairie and upland prairie. Fender's blue butterfly and Lupinus

sulphureus ssp. kincaidii are typically found in native upland prairie

with the dominant species being Festuca rubra (red fescue) and/or

Festuca idahoensis (Idaho fescue) and Calochortus tolmiei (Tolmie's

mariposa), Silene hookeri (Hooker's catchfly), Fragaria virginiana

(broadpetal strawberry), Sidalcea virgata (rose checker-mallow), and

Lomatium spp. (common lomatium) serving as herbaceous indicator species

(Hammond and Wilson 1993). These dry, fescue prairies make up the

majority of habitat for Fender's blue butterfly and L. sulphureus ssp.

kincaidii. Although Fender's blue butterfly and L. sulphureus ssp.

kincaidii are occasionally found on steep, south-facing slopes and

barren rocky cliffs, neither of these species appear capable of

occupying the most xeric oatgrass communities on these south facing

slopes.

The primary habitat for Erigeron decumbens var

e

majority of habitat for Fender's blue butterfly and L. sulphureus ssp.

kincaidii. Although Fender's blue butterfly and L. sulphureus ssp.

kincaidii are occasionally found on steep, south-facing slopes and

barren rocky cliffs, neither of these species appear capable of

occupying the most xeric oatgrass communities on these south facing

slopes.

The primary habitat for Erigeron decumbens var. decumbens is native

wetland prairie. This habitat is characterized by the seasonally-wet

Deschampsia caespitosa (tufted hairgrass) community that occurs in low,

flat regions of the Willamette Valley where flooding creates anaerobic

and strongly reducing soil conditions. This wet prairie community

includes Juncus spp. (rush) and Danthonia californica (California

oatgrass) as co-dominant native species, as well as the introduced

species Festuca arundinaceae (tall fescue), Bromus japonicus (Japanese

brome) and Anthoxanthum odoratum (sweet vernal grass) (USFWS 1993).

Another endangered species, Lomatium bradshawii (Bradshaw's lomatium)

also grows in wet prairie habitat. Atypically, one population of E.

decumbens var. decumbens occurs on top of a dry, stony butte in an

upland prairie.

The impact of humans on the botanical communities of the Willamette

Valley date back several centuries to the Kalapooya Indians, who

cleared and burned lands used for hunting and food gathering. Early

accounts by David Douglas in 1826 indicate extensive burning of the

valley floor, from its northern end at the falls of the Willamette

River to its southern extremities near Eugene. Burned areas were

documented by Douglas as being so complete as to limit the forage

available for his horse and to reduce game availability (Douglas 1972).

Accounts by other early explorers support Douglas' observations and

suggest a pattern of annual burning by the Kalapooya (Johannessen et

al. 1971)

northern end at the falls of the Willamette

River to its southern extremities near Eugene. Burned areas were

documented by Douglas as being so complete as to limit the forage

available for his horse and to reduce game availability (Douglas 1972).

Accounts by other early explorers support Douglas' observations and

suggest a pattern of annual burning by the Kalapooya (Johannessen et

al. 1971). The Kalapooya land practices resulted in the maintenance of

extensive wet and dry prairie grasslands, which may have facilitated

their hunting efforts and limited the potential for sneak attacks by

enemies (Clarke 1905, Douglas 1972, Minto 1900, Smith 1949). Although

much of the woody vegetation was prevented from becoming established on

the grasslands by this treatment, the random survival of young fire-

resistant species such as Quercus garryana (Oregon white oak) accounted

for the widely spaced trees on the margins of the valley (Habeck 1961).

After 1848, burning decreased sharply through the efforts of settlers

to suppress large-scale fires. Consequently, the open, park-like nature

of the valley floor was lost, replaced by agricultural fields, dense

oak and fir forests, and scrub lands following logging.

The Willamette basin covers approximately 2,600,000 hectares (ha)

(6,400,000 acres (ac)), which was estimated in the mid-1880's to

consist of one-sixth prairie and five-sixths forest (Lang 1885). The

extent of the prairie component can be analyzed through historical

information from land survey records. Natural grasslands described by

Federal land surveyors in the 1850's were broken down into three

distinct types--oak savannah, upland prairie, and wet prairie (Habeck

1961). Of the estimated 409,000 ha (1,010,000 ac) of historic native

grasslands extant prior to 1850, approximately 277,000 ha (685,000 ac)

appears to have consisted of upland prairie and 132,000 ha

ion from land survey records. Natural grasslands described by

Federal land surveyors in the 1850's were broken down into three

distinct types--oak savannah, upland prairie, and wet prairie (Habeck

1961). Of the estimated 409,000 ha (1,010,000 ac) of historic native

grasslands extant prior to 1850, approximately 277,000 ha (685,000 ac)

appears to have consisted of upland prairie and 132,000 ha

(325,000 ac) of wet prairie (E. Alverson, The Nature Conservancy,

Eugene, pers. comm., 1994).

This extensive resource was rapidly depleted through the conversion

of native prairie to agricultural use during settlement. Within 30

years of passage of the Donation Land Act of 1850, most prairie lands

were occupied by European-American settlers who quickly subdivided

their original land grants to accommodate the rapid increase in

population (Lang 1885). The level, open tracts of prairie were the

first to go under the plow (Lang 1885) and only boggy, flood-prone

areas prevented complete conversion of the native grassland community

to cropped monoculture. Limitations on development imposed by seasonal

flooding and a high water table were, however, overcome after 1936,

when the U.S. Army Corps of Engineers (Corps) initiated water projects

to provide flood control and security for expanded agricultural

activity.

Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and

Erigeron decumbens var. decumbens likely once occurred over a large

distribution throughout the historic native prairie, and have been

eliminated from these areas as native prairie habitat has been

converted to agriculture or otherwise developed. Native prairie

vegetation in the Willamette Valley was decimated by the rapid

expansion of agriculture during the 140-year period from the 1850's to

the present. With extensive changes in the fire regime, disturbance

forces that maintained native prairies were substantially altered

eliminated from these areas as native prairie habitat has been

converted to agriculture or otherwise developed. Native prairie

vegetation in the Willamette Valley was decimated by the rapid

expansion of agriculture during the 140-year period from the 1850's to

the present. With extensive changes in the fire regime, disturbance

forces that maintained native prairies were substantially altered. Fire

suppression allowed shrub and tree species to overtake grasslands,

while agricultural practices hastened the decline of native prairie

species through habitat loss and increased grazing (Johannessen, et al.

1971; Franklin and Dyrness 1973). Refugia from these forces of change

were limited to fence rows and intervening strips of land along

agricultural fields and roadsides.

Although large prairie expanses dominated by native species had

been lost by the early 1900's, many remnant grasslands with a large

native species component have been recently identified. These remnants,

even though dominated by exotic species, support the only remaining

occurrences of native prairie species in the Willamette Valley. Current

estimates of the remaining native upland prairie in the Willamette

Valley total less than 400 ha (1,000 ac) (Alverson, pers. comm. 1994).

This estimate represents only one-tenth of one percent of the original

upland prairie once available to Fender's blue butterfly, Lupinus

sulphureus ssp. kincaidii, and less than one half of this habitat (84

sites) is currently occupied by Fender's blue butterfly and/or L.

sulphureus ssp. kincaidii and/or Erigeron decumbens var. decumbens.

Within this available habitat, E. decumbens var. decumbens occupies 28

sites across 116 ha (286 ac), L. sulphureus ssp. kincaidii occupies 51

sites across 145 ha (357 ac), while Fender's blue butterfly occupies 31

sites across 165 ha (408 ac). Similar losses have occurred for wet

prairie habitats, but estimates of current acreage are not available.

Fender's Blue Butterfly

ens var. decumbens.

Within this available habitat, E. decumbens var. decumbens occupies 28

sites across 116 ha (286 ac), L. sulphureus ssp. kincaidii occupies 51

sites across 145 ha (357 ac), while Fender's blue butterfly occupies 31

sites across 165 ha (408 ac). Similar losses have occurred for wet

prairie habitats, but estimates of current acreage are not available.

Fender's Blue Butterfly

Fender's blue butterfly is one of about a dozen subspecies of

Boisduval's blue butterfly (Icaricia icarioides). Icaricia icarioides

is found in western North America; subspecies fenderi is restricted to

the Willamette Valley (Dornfeld 1980; R. H. T. Mattoni, University of

California, pers. comm. to C. Nagano 1997; J. Emmel, Hemet, California,

pers. comm. to C. Nagano 1997). Fender's blue butterfly was described

by Ralph W. Macey (1931) as Plebejus maricopa fenderi based on

specimens he had collected in Yamhill County, Oregon. The species

maricopa is currently considered to be a synonym of the species

icarioides (Miller and Brown 1981). The species icaricia has been

determined to be a member of the genus Icaricia, rather than the genus

Plebejus (Miller and Brown 1981; R. H. T. Mattoni, pers. comm. to C. D.

Nagano 1997). Subspecies fenderi was considered to be a synonym of the

pardalis blue butterfly (Icaricia icarioides pardalis), an inhabitant

of the central California Coast Range near San Francisco (Downey 1975;

Miller and Brown 1981); however Fender's blue butterfly is a distinct

taxon based on adult characters and geographic distribution (Dornfeld

1980; Hammond and Wilson 1993; R. H. T. Mattoni and J. Emmel, pers.

comm. to C. D. Nagano 1997).

Fender's blue butterfly is a small sized butterfly with a wingspan

of approximately 2.5 centimeter (cm) (1 inch (in)). The upper wings of

the males are brilliant blue in color and the borders and basal areas

are black. The upper wings of the females are completely brown colored

ribution (Dornfeld

1980; Hammond and Wilson 1993; R. H. T. Mattoni and J. Emmel, pers.

comm. to C. D. Nagano 1997).

Fender's blue butterfly is a small sized butterfly with a wingspan

of approximately 2.5 centimeter (cm) (1 inch (in)). The upper wings of

the males are brilliant blue in color and the borders and basal areas

are black. The upper wings of the females are completely brown colored.

The undersides of the wings of both sexes are creamish tan with black

spots surrounded with a fine white border or halo. The dark spots on

the underwings of the males are small on Fender's blue butterfly;

surrounded with wide white haloes on the pembina blue butterfly

(Icaricia icarioides pembina); the underside is very pale whitish gray

with broad haloes around the black spots on the hindwings of

Boisduval's blue butterfly.

The historic distribution of Fender's blue butterfly is not

precisely known due to the limited information collected on this

species prior to its description in 1931. Although the type specimens

for this butterfly were collected in 1929 by Ralph W. Macy, only a

limited number of collections were made between the time of the

subspecies' discovery and Macy's last observation on May 23, 1937, in

Benton County, Oregon (Hammond and Wilson 1992a). A lack of information

on the identity of the butterfly's host plant caused researchers to

focus their survey efforts on common lupine species known to occur in

the vicinity of Macy's collections. As a result, no Fender's blue

butterflies were observed during 20 years of widespread investigation.

Finally, Fender's blue butterfly was rediscovered in 1989 by Dr. Paul

Hammond at McDonald Forest, Benton County, Oregon on an uncommon

species of lupine, Lupinus sulphureus ssp. kincaidii. Based on this

additional information, recent surveys have determined that the animal

is confined to the Willamette Valley and currently occupies 31 sites in

Yamhill, Polk, Benton, and Lane Counties (Hammond and Wilson 1993;

Schultz 1996)

was rediscovered in 1989 by Dr. Paul

Hammond at McDonald Forest, Benton County, Oregon on an uncommon

species of lupine, Lupinus sulphureus ssp. kincaidii. Based on this

additional information, recent surveys have determined that the animal

is confined to the Willamette Valley and currently occupies 31 sites in

Yamhill, Polk, Benton, and Lane Counties (Hammond and Wilson 1993;

Schultz 1996). One population at Willow Creek is found in wet,

Deschampsia-type prairie, while the remaining sites are found on drier

upland prairies characterized by Festuca spp. Sites occupied by

Fender's blue butterfly are located almost exclusively on the western

side of the valley, within 33 km (21 mi) of the Willamette River.

Although only limited observations have been made of the early life

stages of Fender's blue butterfly, the life cycle of the species likely

is similar to other subspecies of Icaricia icarioides (R. H. T.

Mattoni, pers. comm. to C. Nagano 1997; G. Pratt, Riverside,

California, pers. comm. to C. Nagano 1997; Hammond and Wilson 1993).

Adult butterflies lay their eggs on perennial Lupinus sp. (Ballmer and

Pratt 1988), the foodplant of the caterpillar during May and June.

Newly hatched larvae feed for a short time, reaching their second

instar in the early summer, at which point they enter an extended

diapause (maintaining a state of suspended activity). Diapausing larvae

remain in the leaf litter at or near the base of the host plant through

the fall and winter and some individuals likely become active again in

March or April of the following year. Some larvae may be able to extend

diapause for more than one season depending upon the

the early summer, at which point they enter an extended

diapause (maintaining a state of suspended activity). Diapausing larvae

remain in the leaf litter at or near the base of the host plant through

the fall and winter and some individuals likely become active again in

March or April of the following year. Some larvae may be able to extend

diapause for more than one season depending upon the

individual and environmental conditions (R. H. T. Mattoni pers. comm.

to C. Nagano 1997). Once diapause is broken, the larvae feed and grow

through three to four additional instars, enter their pupal stage, and

then emerge as adult butterflies in April and May. Behavioral

observations of Fender's blue butterfly indicate the larvae are alert

to potential predators, with individuals dropping from their feeding

position on lupine leaves to the base of the plant at the slightest

sign of disturbance (C. Schultz, University of Washington, pers. comm.

1994). The life cycle of Fender's blue butterfly may be completed in

one year.

The larvae of many species of lycaenid butterflies, including

Icaricia icarioides, possess specialized glands that secrete a sweet

solution sought by some ant species who may actively ``tend'' and

protect them from predators and parasites (Ballmer and Pratt 1988; G.

Pratt pers. comm. to C. Nagano 1997). Although other subspecies of

Boisduval's blue butterfly are tended by ants during their larval stage

(Downey 1962, 1975; Thomas Reid Associates 1982; R. H. T. Mattoni and

G. Pratt, pers. comm. to C. Nagano 1997), limited observations of

Fender's blue butterfly larvae in the field have failed to document

such a mutualistic association (Hammond 1994). However, this may be due

to the nocturnal activity patterns of the larvae of Icaricia icarioides

as it appears that this species has an obligate relationship with ants

(G. Pratt pers. comm. to C. Nagano 1997)

and

G. Pratt, pers. comm. to C. Nagano 1997), limited observations of

Fender's blue butterfly larvae in the field have failed to document

such a mutualistic association (Hammond 1994). However, this may be due

to the nocturnal activity patterns of the larvae of Icaricia icarioides

as it appears that this species has an obligate relationship with ants

(G. Pratt pers. comm. to C. Nagano 1997). Non-native Argentine ants

(Iridomyrmex humilis) have been observed tending Fender's blue

butterfly larvae during indoor rearing trials (Schultz, pers. comm.

1994).

The near absence of Fender's blue butterfly at sites without

Lupinus sulphureus ssp. kincaidii suggest that L. laxiflorus (spurred

lupine) and L. albicaulis (sickle keeled lupine) are secondary

foodplants used by the animal (Hammond and Wilson 1993k). Fender's blue

butterfly inhabits two sites that contain only L. laxiflorus, where it

is the primary foodplant (Schultz 1996) and L. laxiflorus co-occurs

with L. sulphureus ssp. kincaidii at two additional sites (Hammond and

Wilson 1993). Fender's blue butterfly occupies six sites containing

only L. albicaulis, where it is the primary foodplant. However, the

butterfly is declining at two of these sites. Lupinus albicaulis and L.

laxiflorus may possess physical or biochemical properties that render

them less suitable for Fender's blue butterfly than L. sulphureus ssp.

kincaidii. This phenomenon in foodplants has been documented in other

species of butterflies and moths (Longcore et al. 1997).

Lupinus Sulphureus ssp. Kincaidii

dplant. However, the

butterfly is declining at two of these sites. Lupinus albicaulis and L.

laxiflorus may possess physical or biochemical properties that render

them less suitable for Fender's blue butterfly than L. sulphureus ssp.

kincaidii. This phenomenon in foodplants has been documented in other

species of butterflies and moths (Longcore et al. 1997).

Lupinus Sulphureus ssp. Kincaidii

Lupinus sulphureus ssp. kincaidii was first described in 1924 by

C.P. Smith as L. oreganus var. kincaidii from a collection made in

Corvallis, Oregon (Kuykendall and Kaye 1993a). Phillips (1955)

transferred the taxon to a subspecies status as L. sulphureus ssp.

kincaidii. Hitchcock et al. (1961) retained the position noted by

Phillips (1955), but preferred the combination as a varietal rank, L.

sulphureus var. kincaidii.

Lupinus sulphureus ssp. kincaidii occupies 51 sites throughout the

Willamette Valley and one site in southern Washington. The northern

limit of L. sulphureus ssp. kincaidii is Lewis County, Washington,

while it ranges south to Douglas County, Oregon, a latitudinal span of

over 400 km (250 mi). This distribution implies a close association

with native upland prairie sites that are characterized by heavier

soils and mesic to slightly xeric soil moisture levels. At the southern

limit of its range, the subspecies occurs on well-developed soils

adjacent to serpentine outcrops where the plant is often found under

scattered oaks (Kuykendall and Kaye 1993a).

With its low-growing habit and unbranched inflorescence, Lupinus

sulphureus ssp. kincaidii is easily distinguished from other sympatric

members of the genus Lupinus. Its aromatic flowers have a slightly

reflexed, distinctly ruffled banner and are yellowish-cream colored,

often showing shades of blue on the keel. The upper calyx lip is short,

yet unobscured by the reflexed banner when viewed from above. The

leaflets tend to be a deep green with an upper surface that is often

glabrous

easily distinguished from other sympatric

members of the genus Lupinus. Its aromatic flowers have a slightly

reflexed, distinctly ruffled banner and are yellowish-cream colored,

often showing shades of blue on the keel. The upper calyx lip is short,

yet unobscured by the reflexed banner when viewed from above. The

leaflets tend to be a deep green with an upper surface that is often

glabrous. The plants are 4-8 decimeters (dm) (16-32 in) tall, with

single to multiple unbranched flowering stems and basal leaves that

remain after flowering (Kuykendall and Kaye 1993).

Lupinus sulphureus ssp. kincaidii is a long-lived perennial

species, with a maximum reported age of 25 years (M. Wilson, Oregon

State University, in litt., 1993). Individual plants are capable of

spreading by rhizomes producing clumps of plants exceeding 20 meters

(m) (65.62 feet (ft)) in diameter (P. Hammond, independent consultant,

pers. comm. 1994). The long rhizomes do not produce adventitious roots,

apparently do not separate from the parent clump, and the clumps may be

short-lived, regularly dying back to the crown (Kuykendall and Kaye

1993a). Self-incompatible, L. sulphureus ssp. kincaidii is pollinated

by solitary bees and flies (P. Hammond, pers. comm. 1994). Seed set and

seed production are low, with few (but variable) numbers of flowers

producing fruit from year to year and each fruit containing an average

of 0.3-1.8 seeds (Liston et al. 1994). Seeds are dispersed from fruits

that open explosively upon drying.

Erigeron Decumbens var. Decumbens

Thomas Nuttall (1840) based his description of Erigeron decumbens

on a specimen he collected in the summer of 1835. The autonym E.

decumbens var. decumbens was automatically established by Cronquist

rom year to year and each fruit containing an average

of 0.3-1.8 seeds (Liston et al. 1994). Seeds are dispersed from fruits

that open explosively upon drying.

Erigeron Decumbens var. Decumbens

Thomas Nuttall (1840) based his description of Erigeron decumbens

on a specimen he collected in the summer of 1835. The autonym E.

decumbens var. decumbens was automatically established by Cronquist

(1947) when he described E. decumbens var. robustior. Recent revisions

of the Erigeron genus (Strother and Ferlatte 1988, Nesom 1989) treat

the plant as a variety, E. decumbens var. decumbens.

According to Strother and Ferlatte (1988), Erigeron decumbens var.

decumbens is geographically limited to the Willamette Valley. They also

restrict the morphologically similar E. decumbens var. robustior to

Humboldt and western Trinity Counties, California. Intermediate

specimens of Erigeron from southern Oregon are considered by Strother

and Ferlatte (1988) to be robust specimens of E. eatonii var.

plantagineus.

A review of herbarium specimens by Clark et al. (1993) shows a

historical distribution of Erigeron decumbens var. decumbens throughout

the Willamette Valley. Collections were frequent between 1881 and 1934,

yet from 1934 to 1980 no collections or observations were made (Clark

et al. 1993). The species was rediscovered in 1980 in Lane County,

Oregon, and has since been identified at 28 sites in Polk, Marion,

Linn, Benton, and Lane counties, Oregon. With 28 occurrences and 115 ha

(284 ac) of occupied habitat, E. decumbens var. decumbens has the most

restricted range of the species proposed for listing herein.

Erigeron decumbens var. decumbens is a perennial herb, 15-60 mm

(0.6-2.4 in.) tall, with erect to sometimes prostrate stems at the

base. The basal leaves often wither prior to flowering and are mostly

linear, 5-12 cm (2-5 in.) long and 3-4 mm (0.1-0.2 in.) wide. Flowering

stems produce 2-5 heads, each of which is daisy-like, with pinkish to

pale blue ray flowers and yellow disk flowers

rein.

Erigeron decumbens var. decumbens is a perennial herb, 15-60 mm

(0.6-2.4 in.) tall, with erect to sometimes prostrate stems at the

base. The basal leaves often wither prior to flowering and are mostly

linear, 5-12 cm (2-5 in.) long and 3-4 mm (0.1-0.2 in.) wide. Flowering

stems produce 2-5 heads, each of which is daisy-like, with pinkish to

pale blue ray flowers and yellow disk flowers. Ray flowers often fade

to white with age (Siddall and Chambers 1978). The morphologically

similar E. eatonii occurs east of the Cascade Mountains, while the

sympatric species Aster hallii flowers later in the summer. Erigeron

decumbens var. decumbens can be confused with A. hallii in their

vegetative state, but close

examination reveals the reddish stems of A. hallii in contrast to the

green stems of E. decumbens var. decumbens (Clark et al. 1993).

As with many species in the family Asteraceae, Erigeron decumbens

var. decumbens produces large quantities of wind-dispersed seed.

Flowering typically occurs in June and July with pollination carried

out by syphrid flies and solitary bees. Seeds are released in July and

August. Although the seeds are wind-dispersed, the short stature of

this species likely precludes the long-distance travel of many of these

seeds. Erigeron decumbens var. decumbens is capable of vegetative

spreading and is commonly found in large clumps scattered throughout a

site (Clark et al. 1993).

Previous Federal Action

by syphrid flies and solitary bees. Seeds are released in July and

August. Although the seeds are wind-dispersed, the short stature of

this species likely precludes the long-distance travel of many of these

seeds. Erigeron decumbens var. decumbens is capable of vegetative

spreading and is commonly found in large clumps scattered throughout a

site (Clark et al. 1993).

Previous Federal Action

Erigeron decumbens var. decumbens was initially included as a

category 2 candidate in a Notice of Review published by the Service on

December 15, 1980 (45 FR 82506). Category 2 candidates were those

species for which the Service had information in its possession

indicating that listing may be appropriate, but for which additional

information was needed to support the preparation of a proposed rule.

On November 28, 1983, the Service published a Notice of Review

upgrading this species to category 1 status (48 FR 53649). Category 1

taxa were taxa for which the Service had sufficient data in its

possession to support preparation of listing proposals. Subsequently,

E. decumbens var. decumbens was reassigned category 2 candidacy by a

Notice of Review published on September 27, 1985 (50 FR 39527). On

February 21, 1990 the Service published a Notice of Review (55 FR 6202)

that reinstated E. decumbens var. decumbens as a category 1 candidate

and also designated Lupinus sulphureus ssp. kincaidii as a category 2

candidate (55 FR 6121). The Service published a Notice of Review on

February 28, 1996 (61 FR 7596), updating the candidate species list and

changing the policy on candidates to discontinue the use of candidate

categories. Erigeron decumbens var. decumbens was retained as a

candidate species; however, Lupinus sulphureus ssp. kincaidii and other

former category 2 candidates were not. The 1997 Notice of Review

retained Erigeron decumbens var. decumbens as a candidate species;

Lupinus sulphureus ssp. kincaidii was not included as a candidate

the policy on candidates to discontinue the use of candidate

categories. Erigeron decumbens var. decumbens was retained as a

candidate species; however, Lupinus sulphureus ssp. kincaidii and other

former category 2 candidates were not. The 1997 Notice of Review

retained Erigeron decumbens var. decumbens as a candidate species;

Lupinus sulphureus ssp. kincaidii was not included as a candidate.

Since this Notice of Review was published, the Service has reevaluated

the available information and determined that listing is warranted for

both Erigeron decumbens var. decumbens and Lupinus sulphureus ssp.

kincaidii.

Fender's blue butterfly was initially assigned to category 3A taxa

in the Notice of Review published by the Service on January 6, 1989 (54

FR 572). The best available information at that time indicated that

this butterfly was likely extinct because the subspecies was last

observed in 1937. Category 3A taxa were taxa for which the Service had

pervasive evidence of extinction, however if rediscovered, such taxa

might be reconsidered for listing. The rediscovery of this butterfly in

May 1989 prompted the Service to change the status of the subspecies to

a category 2 candidate in the Notice of Review published on November

21, 1991 (56 FR 58830). In the Notice of Review published on February

28, 1996 (61 FR 7596), the Service retained Fender's blue butterfly as

a candidate for listing. The 1997 Notice of Review also retained

Fender's blue butterfly as a candidate for listing.

The processing of this proposed listing rule conforms with the

Service's final listing priority guidance for fiscal year (FY) 1997

that was published in the Federal Register on December 5, 1996 (61 FR

64475-64481), and the Service's extension of the FY 1997 guidance

published in the Federal Register on October 23, 1997 (62 FR 55268)

etained

Fender's blue butterfly as a candidate for listing.

The processing of this proposed listing rule conforms with the

Service's final listing priority guidance for fiscal year (FY) 1997

that was published in the Federal Register on December 5, 1996 (61 FR

64475-64481), and the Service's extension of the FY 1997 guidance

published in the Federal Register on October 23, 1997 (62 FR 55268).

The guidance clarifies the order in which the Service will process

rulemakings following two related events--(1) the lifting, on April 26,

1996, of the moratorium on final listings imposed on April 10, 1995

(Public Law 104-6), and (2) the restoration of significant funding for

listing through passage of the omnibus budget reconciliation law on

April 26, 1996, following severe funding constraints imposed by a

number of continuing resolutions between November 1995 and April 1996.

The guidance calls for giving highest priority to handling emergency

situations (Tier 1) and second highest priority (Tier 2) to resolving

the listing status of the outstanding proposed listings. Tier 3

includes the processing of new proposed listings for species facing

high magnitude threats. This proposed rule for Fender's blue butterfly

(Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii

(Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette

daisy) falls under Tier 3. According to the Listing Priority Guidance,

the Service is operating under a more balanced listing program and may

process Tier 3 actions. Processing of this proposed rule is in

accordance with the current Listing Priority Guidance.

Summary of Factors Affecting the Species

lphureus ssp. kincaidii

(Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette

daisy) falls under Tier 3. According to the Listing Priority Guidance,

the Service is operating under a more balanced listing program and may

process Tier 3 actions. Processing of this proposed rule is in

accordance with the current Listing Priority Guidance.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act and regulations (50 CFR

Part 424) promulgated to implement the listing provisions of the Act

set forth the procedures for adding species to the Federal lists. A

species may be determined to be an endangered or threatened species due

to one or more of the five factors described in Section 4(a)(1). These

factors and their application to Fender's blue butterfly (Icaricia

icarioides fenderi), Lupinus sulphureus Dougl. ssp. kincaidii (Smith)

Phillips (Kincaid's lupine), and Erigeron decumbens Nutt. var.

decumbens (Willamette daisy) are as follows.

A. The Present or Threatened Destruction, Modification, or Curtailment

of its Habitat or Range

The primary loss of habitat for Fender's blue butterfly, Lupinus

sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens has

resulted from the extensive alteration of native prairie in the

Willamette Valley that has occurred over the last 140 years, described

in the ``Background'' section above. As a result, over 99 percent of

the native prairie in the Willamette Valley, the only known habitat

area of Fender's blue butterfly, L. sulphureus ssp. kincaidii, and E.

decumbens var. decumbens, has been lost (E. Alverson, pers. comm.

1994).

Within the 84 remnants of native prairie occupied by these species

in the Willamette Valley, Fender's blue butterfly occurs at 31 sites

(Hammond and Wilson 1993, Schultz 1996), Lupinus sulphureus ssp.

kincaidii occurs at 51 sites (Kuykendall and Kaye 1993a), and Erigeron

decumbens var. decumbens occurs at 28 sites (Clark et al. 1993)

decumbens, has been lost (E. Alverson, pers. comm.

1994).

Within the 84 remnants of native prairie occupied by these species

in the Willamette Valley, Fender's blue butterfly occurs at 31 sites

(Hammond and Wilson 1993, Schultz 1996), Lupinus sulphureus ssp.

kincaidii occurs at 51 sites (Kuykendall and Kaye 1993a), and Erigeron

decumbens var. decumbens occurs at 28 sites (Clark et al. 1993). In

this collection of sites, Fender's blue butterfly and L. sulphureus

ssp. kincaidii are found in close association, occurring together at a

total of 24 sites. Erigeron decumbens var. decumbens co-occurs with L.

sulphureus ssp. kincaidii at only one site and with Fender's blue

butterfly at only this same site, Baskett Butte. Typically these sites

are small, with extirpation likely in the near future. Activities that

destroy, modify or curtail the habitat of L. sulphureus ssp. kincaidii,

E. decumbens var. decumbens, and Fender's blue butterfly are discussed

below.

The immediacy of the threat of habitat loss in the last remaining

84 remnants of native prairie occupied by these species has been well

documented. Habitat at 80 percent of the sites (e.g., 68 sites) is

rapidly disappearing due to

agriculture practices, development activities, forestry practices,

grazing, roadside maintenance, and commercial Christmas tree farms.

At least eleven prairie remnants are likely to be impacted by

agricultural activities. Five of these are wetland prairies occupied by

Erigeron decumbens var. decumbens and the remaining six are upland

prairies occupied by Lupinus sulphureus ssp. kincaidii and Fender's

blue butterfly. The types of impacts include examples such as a wheat

field boundary adjustment near Buell in Polk County (Mill Creek-Hwy 22

at Buell) that is likely to lead to loss of a population of Fender's

blue butterfly and L. sulphureus ssp. kincaidii (Hammond 1994). By

1996, this boundary adjustment was implemented with a diminished

population of L. sulphureus ssp

ncaidii and Fender's

blue butterfly. The types of impacts include examples such as a wheat

field boundary adjustment near Buell in Polk County (Mill Creek-Hwy 22

at Buell) that is likely to lead to loss of a population of Fender's

blue butterfly and L. sulphureus ssp. kincaidii (Hammond 1994). By

1996, this boundary adjustment was implemented with a diminished

population of L. sulphureus ssp. kincaidii and Fender's blue butterfly

still present; however, no Fender's blue butterflies were observed at

this site in 1997 (Hammond, pers. comm. 1997). The majority of the

habitat supporting populations of each of these species are habitat

remnants, e.g., small habitat patches remaining after other habitat

loss has occurred. Small habitat patches that occur along State and

County roadsides face greater threats from agriculture than those

occurring along non-roadside areas. While in past decades many roadside

habitats were less disturbed, today roadside stretches of habitats

adjoining grass seed farms are now being disked and/or sprayed with

herbicides to kill all roadside vegetation (A. Robinson, U.S. Fish and

Wildlife Service, pers. comm. 1997). Grass seed farms use herbicide

spraying to create bare soil as a common practice to prevent the spread

of weeds from roadsides into the grass seed fields. Many of these areas

are inhabited by populations of E. decumbens var. decumbens.

Urban development has caused additional loss of prairie habitat

(Clark et al. 1993; Hammond 1992, 1994, 1996; Kuykendall and Kaye 1993;

Liston et al. 1994; Schultz, 1996; Sidall and Chambers 1978).

Destruction of upland prairie habitat occupied by Fender's blue

butterfly and Lupinus sulphureus ssp. kincaidii at several sites since

1992 has caused the butterflies at these sites to either completely die

out or to be reduced to low, non-viable numbers (Hammond 1994, 1996).

Future losses for 48 prairie remnants are projected as a result of

urban development

1996; Sidall and Chambers 1978).

Destruction of upland prairie habitat occupied by Fender's blue

butterfly and Lupinus sulphureus ssp. kincaidii at several sites since

1992 has caused the butterflies at these sites to either completely die

out or to be reduced to low, non-viable numbers (Hammond 1994, 1996).

Future losses for 48 prairie remnants are projected as a result of

urban development. This is the largest single factor currently

threatening the survival of these prairie species. Nineteen of these

remnants are wetland prairies supporting Erigeron decumbens var.

decumbens and the other 29 are upland prairie remnants supporting

populations of Fender's blue butterfly and L. sulphureus ssp.

kincaidii.

Examples of this type of threat are the Dallas-Oakdale Avenue sites

1 and 2 covering about 2 ha (5 ac) occupied by Fender's blue butterfly

and L. sulphureus ssp. kincaidii near the town of Dallas in Polk County

that is expected to be lost due to housing development planned at that

site (Hammond 1996). The loss of native prairie habitat is further

exemplified by the destruction of a site supporting 6,000 plants in

Lane County, formerly the largest occurrence of E. decumbens var.

decumbens, plowed under in 1986 prior to the development of an

industrial and residential site (Kagan and Yamamoto 1987). Construction

of a single driveway resulted in the loss of one site occupied by

Fender's blue butterfly and L. sulphureus ssp. kincaidii in Kings

Valley (Hammond 1994). Future highway construction potentially

threatens the Nielson Road site of L. sulphureus ssp. kincaidii located

in a highway expansion corridor in Lane County (Oregon Natural Heritage

Program 1996). The population of Fender's blue butterfly and L.

sulphureus ssp. kincaidii at Wren in Benton County occurs at two sites

and covers about 9 ha (22 ac, however, only a portion of the population

(7.4 ha) occurs on land owned by The Nature Conservancy (TNC)

lson Road site of L. sulphureus ssp. kincaidii located

in a highway expansion corridor in Lane County (Oregon Natural Heritage

Program 1996). The population of Fender's blue butterfly and L.

sulphureus ssp. kincaidii at Wren in Benton County occurs at two sites

and covers about 9 ha (22 ac, however, only a portion of the population

(7.4 ha) occurs on land owned by The Nature Conservancy (TNC). Heavy

clearing and mowing activities on private lands adjacent to the TNC

property has caused the decline of the lupine and is reducing the

butterfly population at the Wren site to a non-viable state (Hammond

and Wilson 1993). At the Willow Creek Main site, Fender's blue

butterfly and L. sulphureus ssp. kincaidii occur together. This site is

actively managed for the benefit of the species and the lands are

considered relatively secure from development threats. Although this

TNC site is considered a secure habitat area, extensive damage to

habitat occupied by Fender's blue butterfly and L. sulphureus ssp.

kincaidii occurred in 1996 during pipeline repair work conducted on a

utility corridor easement. Two other moderately sized habitat patches

occupied by E. decumbens var. decumbens face habitat loss from trash

dumping (at the Grande Ronde site) and urbanization (at the west Eugene

site) (Clark et al. 1993).

Silvicultural activities for timber production have threatened 6

percent (5 sites) of the remaining 84 prairie occurrences. The Coburg

Ridge area-2 site in Lane County is the largest site occupied by

Fender's blue butterfly and is among the best examples of remnant

upland native prairie in the Willamette Valley (Hammond 1994). Native

species were severely damaged, however, by the application of grass-

specific herbicide that eliminated grasses and severely damaged other

herbaceous species prior to tree planting activities. Approximately 1

ha (2.5 ac) was sprayed with herbicide

occupied by

Fender's blue butterfly and is among the best examples of remnant

upland native prairie in the Willamette Valley (Hammond 1994). Native

species were severely damaged, however, by the application of grass-

specific herbicide that eliminated grasses and severely damaged other

herbaceous species prior to tree planting activities. Approximately 1

ha (2.5 ac) was sprayed with herbicide. The saddle section of Coburg

Ridge (area-2) that received aerial application of the herbicide is

used by Fender's blue butterfly due to the presence of Lupinus

laxiflorus, an alternate host plant, but this site does not contain L.

sulphureus ssp. kincaidii (Schultz 1996). Loss of such alternate host

plant sites further limits the habitat that is available to support

Fender's blue butterfly. Additional tree-planting efforts by an

adjacent Coburg Ridge landowner threatens to alter a different portion

of the grassland in area-2, which has displayed the highest levels of

butterfly activity in previous years (Schultz 1996). This site received

spot herbicide application during the planting efforts, rather than the

aerial broadcast method of the first case; therefore, the immediate

effects to the habitat were not as severe. However, tree saplings were

planted and as the trees grow they will eventually shade out the native

prairie species, resulting in the loss of butterfly habitat. Herbicide

spraying associated with reforestation after logging has also altered

habitat and caused a decline of a L. sulphureus ssp. kincaidii

population on Bureau of Land Management (BLM) properties. The other

large sized occurrence of the butterfly and L. sulphureus ssp.

kincaidii is in Benton County on McDonald State Forest and adjacent

private lands that could be similarly affected by surrounding

silvicultural operations.

Grazing is currently impacting 12 of the occupied habitat patches,

with five of these being wetlands occupied by Erigeron decumbens var.

decumbens

(BLM) properties. The other

large sized occurrence of the butterfly and L. sulphureus ssp.

kincaidii is in Benton County on McDonald State Forest and adjacent

private lands that could be similarly affected by surrounding

silvicultural operations.

Grazing is currently impacting 12 of the occupied habitat patches,

with five of these being wetlands occupied by Erigeron decumbens var.

decumbens. Most of the habitat occupied by Fender's blue butterfly and

Lupinus sulphureus ssp. kincaidii at the Oak Ridge south site in

Yamhill County has been lost due to heavy grazing (Hammond 1996).

Another site of L. sulphureus ssp. kincaidii, covering about 4.6 ha (11

ac) at Crabtree Hill in Lane County, is being damaged by extensive

livestock grazing. The Crabtree Hill population of 6,000 plants is the

largest known L. sulphureus ssp. kincaidii population.

The next most common threat to these species is roadside

maintenance activities. At least 30 sites occur along roadsides and are

impacted by maintenance activities. Examples

include the populations of Fender's blue butterfly and Lupinus

sulpheureus ssp. kincaidii at the Oak Ridge north site that were

recently lost due to road maintenance activities. When planned

developments are completed on the Oak Ridge south site, the butterfly

and lupine will essentially be extirpated from the Oak Ridge area

(Hammond 1996). Two sites on Oregon Department of Transportation (ODOT)

property and one site on land owned by the City of Corvallis receive

only limited protection and could potentially be impacted by future

development and highway maintenance activities. Publicly-owned roadside

sites receive varying degrees of protection on a district by district

basis. Although some roadside sites have been marked as no-spray zones

by the Native Plant Society of Oregon, this protective measure is not

always effective. The roadside portion of a L. sulphureus ssp

ection and could potentially be impacted by future

development and highway maintenance activities. Publicly-owned roadside

sites receive varying degrees of protection on a district by district

basis. Although some roadside sites have been marked as no-spray zones

by the Native Plant Society of Oregon, this protective measure is not

always effective. The roadside portion of a L. sulphureus ssp.

kincaidii population in Kings Valley continues to receive herbicide

application during roadside weed control activities, despite efforts to

restrict spraying. Other roadside sites receive only sporadic

protection during herbicide application. Privately managed roadside

occurrences do not fare much better; extensive mowing at the Wren sites

in Benton County and Fir Butte Road roadside sites in Lane County have

caused declines in Fender's blue butterfly and L. sulphureus ssp.

kincaidii populations (Hammond 1994). With frequent weed control

efforts ongoing, as well as highway and driveway construction, small

roadside occurrences of Fender's blue butterfly, L. sulphureus ssp.

kincaidii, and Erigeron decumbens var. decumbens are unlikely to

persist. Between 1994 and 1996, Fender's blue butterfly populations

disappeared from (or are considered no longer viable) at least seven

small roadside sites (Liberty Road, Monmouth Falls City Road, Fern

Corner, Grant Creek, and McTimmonds Valley in Polk County, and two

sites at Wren) and populations at many of the remaining roadside sites

continue to decline.

Between 1990 and 1992, three sites occupied by both Fender's blue

butterfly and Lupinus sulphureus ssp. kincaidii were lost in the

McTimmond's Valley to the expansion of Christmas tree farming

operations (Hammond 1994). Conversion of these three sites destroyed

approximately 3 ha (7 ac) of habitat along roadside and private land

that comprised the nucleus of two Fender's blue butterfly populations

and a substantial number of L. sulphureus ssp. kincaidii plants

terfly and Lupinus sulphureus ssp. kincaidii were lost in the

McTimmond's Valley to the expansion of Christmas tree farming

operations (Hammond 1994). Conversion of these three sites destroyed

approximately 3 ha (7 ac) of habitat along roadside and private land

that comprised the nucleus of two Fender's blue butterfly populations

and a substantial number of L. sulphureus ssp. kincaidii plants. The

two roadside occurrences of the butterfly that remain nearby are no

longer considered viable due to the loss of the source butterfly

populations and considerable numbers of L. sulphureus ssp. kincaidii

plants. Hammond (1994) stated that these two roadside occurrences are

not expected to persist for more than a few additional years. The

Service does not know if the two roadside occurrences still exist.

In summary, habitat loss from a wide variety of causes

(urbanization, agriculture, silvicultural practices, and roadside

maintenance) is a severe problem faced by Fender's blue butterfly,

Lupinus sulphureus ssp. kincaidii, and Erigeron decumbens var.

decumbens at a majority of their occurrences. Development and land

alteration in the Willamette Valley has been so extensive that all the

occurrences of the three species on the valley floor have essentially

been relegated to small patches of habitat, except for three hilltop

areas (Baskett Slough National Wildlife Refuge, Coburg Ridge, and

McDonald State Forest) that, because of their topography, have not been

subjected to agricultural and urban development activities occurring on

the valley floor. Only 16 out the 84 remnant prairie sites that are

occupied by one or more of these species are currently not threatened

with destruction of habitat. However, herbivory, exotic weed species

competition, and/or succession threaten all of these 16 sites (see

Factor E below for more information). As habitat loss continues on

these prairie remnants, populations of the three species in these 64

areas are likely to be extirpated

rie sites that are

occupied by one or more of these species are currently not threatened

with destruction of habitat. However, herbivory, exotic weed species

competition, and/or succession threaten all of these 16 sites (see

Factor E below for more information). As habitat loss continues on

these prairie remnants, populations of the three species in these 64

areas are likely to be extirpated. At least 12 of 31 sites occupied by

Fender's blue butterfly, 47 of 51 sites occupied by L. sulphureus ssp.

kincaidii, and 24 of 28 sites occupied by E. decumbens var. decumbens

occur on private lands and, without further action, are expected to be

lost in the near future. The threat of extinction for these species is

high, given the expected continuing extirpation of small populations,

the continued habitat loss on moderate sites and large sites, and the

continuing degradation of habitat, even on secure sites (see Factor E

below for more information about continuing degradation of habitat).

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Rare butterflies, such as Fender's blue butterfly are highly prized

by insect collectors. Although there are no studies on the impact of

the removal of individuals from natural populations of this animal,

based on studies of another lycaenid butterfly (Duffey 1968), and an

endangered nymphalid butterfly (Gall, 1984a and 1984b), it is likely

that Fender's blue butterfly could be adversely affected due to its

isolated, possibly small populations. There is an international

commercial trade for butterfly species proposed for listing, as well as

other imperiled or rare butterflies (C.D. Nagano, J. Mendoza, and C.

Schroeder, USFWS, pers. obs., 1992-1997) and specimens of Fender's blue

butterfly are known to have recently been offered for trade (C. Nagano

pers. obs.)

d be adversely affected due to its

isolated, possibly small populations. There is an international

commercial trade for butterfly species proposed for listing, as well as

other imperiled or rare butterflies (C.D. Nagano, J. Mendoza, and C.

Schroeder, USFWS, pers. obs., 1992-1997) and specimens of Fender's blue

butterfly are known to have recently been offered for trade (C. Nagano

pers. obs.). Some collectors and dealers closely monitor listing

activities by the Service and they are known to have stockpiled rare

butterflies in anticipation of their becoming designated as endangered

or threatened species (C.D. Nagano and J. Mendoza, pers. obs., 1992).

Collecting from small colonies or repeated handling and marking

(particularly of females and in years of low abundance) could seriously

damage the populations through loss of individuals and genetic

variability (Gall 1984b; Murphy 1988; Singer and Wedlake 1981).

Collection of females dispersing from a colony also can reduce the

probability that new colonies will be founded. Collectors pose a threat

because they may be unable to recognize when they are depleting

butterfly colonies below the thresholds of survival or recovery,

especially when they lack appropriate biological training or the area

is visited for a short period of time (Collins and Morris 1985).

There likely is high interest by collectors in Fender's blue

butterfly due to its unique history of assumed extinction. The

rediscovery in 1989 of this animal generated a great deal of publicity

and interest, which in turn increases demand by collectors. Collectors

often highly prize rare butterflies (Morris et al. 1991) and at times

take all wild specimens obtainable for use in trade (U. S. Department

of Justice, in litt. 1993). The populations of Fender's blue butterfly

that remain face strong pressure from some members of the collecting

community

nerated a great deal of publicity

and interest, which in turn increases demand by collectors. Collectors

often highly prize rare butterflies (Morris et al. 1991) and at times

take all wild specimens obtainable for use in trade (U. S. Department

of Justice, in litt. 1993). The populations of Fender's blue butterfly

that remain face strong pressure from some members of the collecting

community. Since many of the Fender's blue butterfly populations occur

along public roadsides, the species is easily acquired and the

extremely limited numbers and distribution of many of the remaining

populations make this species vulnerable to collectors.

Due to their unattractive weedy like appearance, the threat to

Erigeron decumbens var. decumbens and/or Lupinus sulphureus ssp.

kincaidii from collection for horticultural purposes may be less than

the threat from collectors faced by Fender's blue butterfly. Although

no current evidence exists of such horticultural collection or

other overutilization for scientific purposes for either E. decumbens

var. decumbens or L. sulphureus ssp. kincaidii, the threat posed by

collecting for personal herbarium specimens is significant due to their

rarity and the relative accessability of roadside populations.

C. Disease or Predation

Although most lepidopteran larvae suffer significant mortality from

parasitoid attack, no instances of parasitism (Hammond 1993) or disease

(R. H. T. Mattoni, pers. comm. to C. D. Nagano 1997) have been

documented for Fender's blue butterfly.

Lupinus sulphureus ssp. kincaidii evidently hosts a number of

herbivore and parasite species. Gall-forming insects attack unopened

flowers and the bases of woody stems. Weevils lay eggs in the

developing floral embryos and their offspring stimulate the fruit to

produce callous tissue as a food source. Misdirection of the developing

fruit by weevil larvae effectively prevents viable seed formation in

the parasitized fruits (Kuykendall and Kaye 1993b)

of

herbivore and parasite species. Gall-forming insects attack unopened

flowers and the bases of woody stems. Weevils lay eggs in the

developing floral embryos and their offspring stimulate the fruit to

produce callous tissue as a food source. Misdirection of the developing

fruit by weevil larvae effectively prevents viable seed formation in

the parasitized fruits (Kuykendall and Kaye 1993b). Weevil damage at

some sites (e.g., Willow Creek) can be high, with some plants suffering

90 percent loss of mature fruits (E. Alverson, pers. comm. 1994).

Herbivory has been documented at all three Fern Ridge Reservoir sites.

Loss of floral parts through herbivory can also significantly reduce

reproduction. Larvae of the silvery blue butterfly (Glaucopsyche

lygdamus) graze flowers for pollen and in doing so effectively destroy

them. Silvery blue larvae can reach high population densities at some

of the sites and may reduce the fecundity of L. sulphureus ssp.

kincaidii, but do not appear to cause the death of mature individual

plants (C. Schultz, pers. comm. 1994).

Evidence of insect herbivory on Erigeron decumbens var. decumbens

is limited. Insect species collected on E. decumbens var. decumbens in

1993 included sap-sucking insects (Hemiptera), a bruchid beetle,

thrips, and mites (Clark et al. 1993). Other threats from herbivory

include consumption of E. decumbens var. decumbens by cattle; no plants

were found in areas currently or recently grazed during surveys

conducted in 1986 (Kagan and Yamamoto 1987) and only one site was

observed to support E. decumbens var. decumbens in the presence of

cattle in 1993 (Clark et al. 1993).

D. The Inadequacy of Existing Regulatory Mechanisms

. 1993). Other threats from herbivory

include consumption of E. decumbens var. decumbens by cattle; no plants

were found in areas currently or recently grazed during surveys

conducted in 1986 (Kagan and Yamamoto 1987) and only one site was

observed to support E. decumbens var. decumbens in the presence of

cattle in 1993 (Clark et al. 1993).

D. The Inadequacy of Existing Regulatory Mechanisms

In 1963, the protection of natural botanical resources by the State

of Oregon was initiated with the passage of the Oregon Wildflower Law

(ORS 564.010-564.040). This law was designed to protect specific showy

botanical groups including lilies, shooting stars, orchids, and

rhododendrons from collection and trade by horticulturists interested

in the cultivation of these species. It also prohibits the collection

of wildflowers from ``within 500 feet of the centerline of any public

highway'' (ORS 564.020 (2)). Although protective in spirit, the Oregon

Wildflower Law carries minimal penalties and is rarely enforced. As a

means of protecting Lupinus sulphureus ssp. kincaidii and Erigeron

decumbens var. decumbens populations, the effectiveness of the law is

doubtful.

In 1987, Oregon Senate Bill 533 was passed to augment the

legislative actions available for the protection of the State's

threatened and endangered species, both plant and animal. This bill,

known as the Oregon Endangered Species Act, mandates responsibility for

threatened and endangered species in Oregon to two State agencies--the

Oregon Department of Agriculture (ODOA) for plant species (ORS 564.105)

and the Oregon Department of Fish and Wildlife (ODFW) for ``wildlife''

species (ORS 496.172).

As reauthorized in 1995 (HB 2120), the Oregon Endangered Species

Act does not include invertebrate animals in the definition of

``wildlife.'' Therefore, Fender's blue butterfly receives no protection

under the Oregon Endangered Species Act

rtment of Agriculture (ODOA) for plant species (ORS 564.105)

and the Oregon Department of Fish and Wildlife (ODFW) for ``wildlife''

species (ORS 496.172).

As reauthorized in 1995 (HB 2120), the Oregon Endangered Species

Act does not include invertebrate animals in the definition of

``wildlife.'' Therefore, Fender's blue butterfly receives no protection

under the Oregon Endangered Species Act. The Oregon Natural Heritage

Program is the only State agency ``which tracks locations of and works

to protect the rare, threatened and endangered invertebrates of

Oregon'' (Oregon Natural Heritage Program 1993). The Heritage program

has created a Sensitive Species invertebrate list, which includes

Fender's blue butterfly as a ``priority 1 species.'' Priority 1 species

are ``taxa threatened or endangered throughout range'' (Oregon Natural

Heritage Program 1993). The program can assist planning agencies in

managing lands for the benefit of rare invertebrate taxa, but it has no

regulatory authority over rare invertebrates (Jimmy Kagan, Oregon

Natural Heritage Program, pers. comm. 1997).

For plant species, the Oregon Endangered Species Act directs the

ODOA to maintain a strong program to conserve and protect native plant

species classified by the State as threatened or endangered. Erigeron

decumbens var. decumbens, as a State-listed endangered species and

Lupinus sulphureus ssp. kincaidii as a State-listed threatened species

receive protection on State-managed lands under the Oregon Endangered

Species Act. The ODOA is able to regulate the import, export, or

trafficking of State-listed plant species when they are in transit

(under ORS 564.1200). The ODOA's ability to protect plant populations,

such as restricting take under the Oregon Endangered Species Act, is

limited to ``land owned or leased by the State, or for which the State

holds a recorded easement'' (ORS 564.115)

angered Species Act, Federal agencies are

required to consult with the Service if any action they regulate, fund

or carry out may jeopardize the continued existence of an endangered or

threatened species. Species that are candidates for listing receive no

formal regulatory protection under the Act. The BLM and the Forest

Service (FS) manage lands occupied by Lupinus sulphureus ssp.

kincaidii. This species on BLM properties is given some protection

through a general conservation agreement that applies to all Federal

candidate species. The population of L. sulphureus ssp. kincaidii that

occurs in the Umpqua National Forest is not covered under any

conservation agreement and receives no official protection under the

Act.

On Corps lands, discretion for the protection and management of

State-

listed and Federal candidate species lies at the local level. Funds

may be available in some years to proactively manage these species.

Lupinus sulphureus ssp. kincaidii, Erigeron decumbens var. decumbens,

and Fender's blue butterfly have received habitat protection, as well

as support for research activity from the Corps through allocation of

personnel and supplies to these projects. This protection and

cooperation is voluntary for candidate species and is dependent on

continuation of sufficient funding.

Populations of Erigeron decumbens var. decumbens occur in

seasonally flooded wet prairies with hydric soils (Clark et al. 1993).

Under section 404 of the Clean Water Act, the Corps regulates the

discharge of fill into waters of the United States, including navigable

waters, wetlands (e.g., wet prairies), and other waters (33 CFR parts

320-330). The Clean Water Act requires project proponents to obtain a

permit from the Corps prior to undertaking many activities (e.g.,

grading, discharge of soil or other fill material, etc.) that would

result in the filling of wetlands subject to the Corps' jurisdiction

nto waters of the United States, including navigable

waters, wetlands (e.g., wet prairies), and other waters (33 CFR parts

320-330). The Clean Water Act requires project proponents to obtain a

permit from the Corps prior to undertaking many activities (e.g.,

grading, discharge of soil or other fill material, etc.) that would

result in the filling of wetlands subject to the Corps' jurisdiction.

The Corps promulgated nationwide permit number 26 (NWP 26) to address

fill of isolated or headwater wetlands. Under the 1996 reauthorized NWP

26 (61 FR 65873), project proposals that involve the fill of wetlands

less than one third of an acre are considered authorized. Fill areas

between 0.33 acre and 1 acre require only notification to the Corps.

When placement of fill would adversely modify between 1 to 3 acres of

wetland, the Corps circulates a predischarge notification to the

Service and other interested parties for comment to determine whether

or not an individual permit should be required for the proposed fill

activity and associated impacts.

Individual Corps permits are required for discharge of material

that would fill or adversely modify greater than 3 acres of wetlands.

The review process for individual permits is more rigorous than for

nationwide permits. Unlike nationwide permits, an analysis of

cumulative wetland impacts is required for individual permit

applications. Resulting permits may include special conditions that

require potential avoidance or mitigation for environmental impacts. On

nationwide permits, the Corps has discretionary authority to instead

require an individual permit if the Corps believes that resources are

sufficiently important, regardless of the wetland's size. In practice,

however, the Corps generally does not require an individual permit when

a project qualifies for a nationwide permit, unless a threatened or

endangered species or other significant resources would be adversely

affected by the proposed activity

to instead

require an individual permit if the Corps believes that resources are

sufficiently important, regardless of the wetland's size. In practice,

however, the Corps generally does not require an individual permit when

a project qualifies for a nationwide permit, unless a threatened or

endangered species or other significant resources would be adversely

affected by the proposed activity. In such cases, conferencing and

consultation requirements of section 7 of the Act do pertain to the

Corps' regulatory process.

Disking and some other farming, ranching and silviculture practices

can degrade or destroy wetland habitat without a permit from the Corps

because these activities are exempt from regulation under the Clean

Water Act (33 CFR 323.4 (a)). The discontinuous configuration of the

existing wet prairies further obscures these wetland losses.

Occurrences of Lupinus sulphureus ssp. kincaidii, and Fender's blue

butterfly in upland (non-wetland) areas receive no protection under

section 404 of the Clean Water Act.

The primary inadequacies in existing regulations pertain to

populations of Fender's blue butterfly, Lupinus sulphureus ssp.

kincaidii, and Erigeron decumbens var. decumbens that occur on private

lands that currently have no connection to Federal authority or

funding. Privately owned lands where populations of these species occur

constitute a significant portion of the range of these species and play

a substantial role in their continued existence.

E. Other Natural or Manmade Factors Affecting its Continued Existence

ncaidii, and Erigeron decumbens var. decumbens that occur on private

lands that currently have no connection to Federal authority or

funding. Privately owned lands where populations of these species occur

constitute a significant portion of the range of these species and play

a substantial role in their continued existence.

E. Other Natural or Manmade Factors Affecting its Continued Existence

Larger sites (greater than 10 ha (25 ac)) currently support

relatively stable populations of Fender's blue butterflies, Lupinus

sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens and

provide the greatest potential for long-term persistence of the species

if their current condition can be sustained or improved. However, few

of these larger sites are secure from threats due to habitat loss. The

only large site occupied by each of the species that is considered

relatively secure from habitat loss is Baskett Slough National Wildlife

Refuge in Polk County, although the habitat condition is declining from

invasion by alien plants (Hammond 1996, Hammond 1994, Hammond and

Wilson 1993). The two remaining large butterfly sites (Coburg Ridge

area--1 and 2, and McDonald State Forest 1) and the one remaining large

lupine site (McDonald State Forest 1) are not considered secure because

these sites face loss or degradation of habitat through adjacent

silviculture operations, ecological succession to shrub and forest, and

competition from alien species (Hammond 1994, Kuykendall and Kaye

1993a).

Erigeron decumbens var. decumbens occupies three large sites. Two

of those sites, one occurring on Corps property and the other on land

owned by TNC, are being managed to benefit native prairie species and

are relatively secure. The third site on private land is not managed

for native prairie species and is not protected from habitat loss

en species (Hammond 1994, Kuykendall and Kaye

1993a).

Erigeron decumbens var. decumbens occupies three large sites. Two

of those sites, one occurring on Corps property and the other on land

owned by TNC, are being managed to benefit native prairie species and

are relatively secure. The third site on private land is not managed

for native prairie species and is not protected from habitat loss.

The small occurrences of the three taxa in this proposed rule,

predominantly roadside and fence line/boundary sites, face an immediate

threat of destruction from a variety of activities including

development, agriculture, silvicultural practices, roadside

maintenance, and herbicide application. The degree to which habitat

loss threatens Fender's blue butterfly, Lupinus sulphureus ssp.

kincaidii, and Erigeron decumbens var. decumbens becomes evident when

the size of the populations is examined. Of the 51 sites occupied by L.

sulphureus ssp. kincaidii, 40 consist of small area occurrences, less

than 3.4 ha (8.3 ac) in size. The Fender's blue butterfly, occupying a

subset of the lupine sites, shows a similar pattern with 23 of its 31

populations found on parcels of 3.4 ha (8.3 ac) or less. All of the

small site occurrences of the Fender's blue butterfly are likely to be

extirpated within the next five years because habitat may not be large

enough to support viable populations. Of the 28 sites occupied by E.

decumbens var. decumbens, 17 are less than 3.4 ha (8.3 ac) in size.

These small occurrences account for a majority of the known populations

for all three species.

Given the impact of such habitat losses on these small habitat

patches, the extirpation of most of the small Fender's blue butterfly

populations is anticipated within five years. Lupinus sulphureus ssp.

kincaidii may survive for a time in these small sites; nonetheless,

extirpation of L. sulphureus ssp. kincaidii at most, if not all, of

their 40 small sites is also anticipated in the future

Given the impact of such habitat losses on these small habitat

patches, the extirpation of most of the small Fender's blue butterfly

populations is anticipated within five years. Lupinus sulphureus ssp.

kincaidii may survive for a time in these small sites; nonetheless,

extirpation of L. sulphureus ssp. kincaidii at most, if not all, of

their 40 small sites is also anticipated in the future. Similarly,

these habitat losses are expected to also cause extirpation of the 17

small populations of Erigeron decumbens var. decumbens. Should these

smaller populations disappear, only 8 habitat areas of Fender's blue

butterfly (a 75 percent reduction in number of sites), 11 habitat areas

of L. sulphureus ssp. kincaidii (a 78 percent reduction in number of

sites), and 11 habitat areas of E. decumbens var. decumbens (a 61

percent reduction of sites) will remain.

The importance of these sites, particularly for the Fender's blue

butterfly, lies in their potential to serve as corridors among larger,

neighboring populations. The loss of these sites and

the loss of accompanying potential habitat, severely compromises the

ability of any of the species to disperse from larger sites (Hammond

and Wilson 1993, Schultz 1996). Larger populations will remain

isolated, with no opportunities for migration and/or recolonization if

local conditions become unfavorable. Thus, the status of the species as

a whole declines.

A less visible threat to the smaller occurrences is the decrease in

vigor and viability experienced by populations of few individuals. For

the Fender's blue butterfly, small numbers and localized populations

increase the risk of loss through random genetic or demographic

factors. (Gilpin and Soule' 1986, Kuykendall and Kaye 1993b, Lacy

1992). Eighteen of the 31 Fender's blue butterfly sites contain 50 or

fewer individuals. The threat of extinction due to naturally occurring

genetic or demographic events can play a significant role in the

instability of the species as a whole

ocalized populations

increase the risk of loss through random genetic or demographic

factors. (Gilpin and Soule' 1986, Kuykendall and Kaye 1993b, Lacy

1992). Eighteen of the 31 Fender's blue butterfly sites contain 50 or

fewer individuals. The threat of extinction due to naturally occurring

genetic or demographic events can play a significant role in the

instability of the species as a whole. The isolation of these small

populations due to habitat fragmentation precludes recolonization from

larger populations and could result in the permanent loss of

occurrences once populations fall below a critical level.

This pattern of extinction and recolonization of connected colonies

of butterflies has been disrupted by the extensive fragmentation of

remaining habitat and the disruption of the disturbance regimes that

have maintained them. The remnant populations, now small in numbers,

are either unconnected or exchange individuals to a very limited

degree. With their limited dispersal abilities, low numbers and

dwindling habitat, a majority of the remaining populations of Fender's

blue butterfly likely face permanent extirpation. The small population

sizes at several sites pose their own threat to the survival of

Fender's blue butterfly as demographic and genetic problems can push a

population to extinction (Hammond and Wilson 1993).

Random human and environmental events may also affect the small

populations of these species and cause future extirpations. The impact

of such events are magnified by the size of the populations. It is much

easier to cause the extirpation of a population occupying a small area

than one occupying a larger area. Due to the small area occupied by

many of the remaining populations, randomly occurring natural events

can play a role in extirpation. One small population of Erigeron

decumbens var. decumbens previously found on Finley National Wildlife

Refuge was recently lost due to erosion (Meincke 1980)

sier to cause the extirpation of a population occupying a small area

than one occupying a larger area. Due to the small area occupied by

many of the remaining populations, randomly occurring natural events

can play a role in extirpation. One small population of Erigeron

decumbens var. decumbens previously found on Finley National Wildlife

Refuge was recently lost due to erosion (Meincke 1980). A natural

change in a waterway course was apparently responsible. Shultz (1996)

stated that large fluctuations in populations evident in her 3-year

study from 1993 to 1995 indicate that Fender's blue butterfly

populations are strongly influenced by random variation in weather

conditions from year to year; these large fluctuations make Fender's

blue butterfly extremely susceptible to loss of habitat and host plants

due to human-caused events or invasive alien plants.

A serious long-term threat to all Fender's blue butterfly, Lupinus

sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens

occurrences is the change in community structure due to succession.

Currently, succession has been documented for 70 of the 84 relic

prairie sites occupied by one or more of these species proposed for

listing. Invasion by alien plant species has been documented at 36 of

these 84 prairie sites. The natural transition of grassland to forest

in the absence of disturbance means that prairie sites left unmanaged

likely will eventually be lost (Clark et al. 1993; Franklin and Dyrness

1973; Hammond and Wilson 1993; Johannsesen et al. 1971; Kuykendall and

Kaye 1993). In addition, the presence of tall, fast-growing alien

species speeds the conversion of open upland prairie to dense, rank

grasslands and shrublands. Invasive woody species of concern include

the alien plants Rubus discolor (Himalayan blackberry) and Cytisus

scoparius (Scotch broom), and the native Toxicodendron diversiloba

(poison oak). Non-native grass species aggressive enough to suppress L.

sulphureus ssp. kincaidii and E. decumbens var

lien

species speeds the conversion of open upland prairie to dense, rank

grasslands and shrublands. Invasive woody species of concern include

the alien plants Rubus discolor (Himalayan blackberry) and Cytisus

scoparius (Scotch broom), and the native Toxicodendron diversiloba

(poison oak). Non-native grass species aggressive enough to suppress L.

sulphureus ssp. kincaidii and E. decumbens var. decumbens include

Holcus lanatus (velvet grass), Dactylis glomerata (orchard grass),

Brachypodium sylvaticum (false-brome), and Arrhenatherum elatius (tall

oat-grass) (Hammond 1996).

The degree of the threat of succession at roadside sites varies

considerably depending on the vegetation control employed by each

County at each site. Fender's blue butterfly populations at small

roadside sites are weak (low numbers) and are close to extinction

either through degradation of habitat from invasion of alien grasses,

succession by shrubs and trees, or through development activities

(Hammond 1996). One roadside site at Oak Ridge that was previously

considered stable has declined since 1992, and is being invaded by

large thickets of Rubus ssp. (blackberry) and Cytisus scoparius

(Hammond 1996).

Non-roadside sites in general face the greatest threat from

succession/weed expansion and invasion due to a lack of disturbance

that disrupts successional progress. Otherwise secure habitat on Corps

lands is being heavily invaded by the alien plant Arrhenatherum

elatius, and the butterfly population is alarmingly small (Schultz

1996). Prime habitat occupied by Erigeron decumbens var. decumbens at

Baskett Butte is rapidly being overgrown with alien grass and trees

(Hammond 1996). About 25 percent of the large Coburg Ridge site

occupied by Fender's blue butterfly and Lupinus sulphureus ssp.

kincaidii is threatened by the profuse shrub growth of Cytisus

scoparius (Hammond 1996)

population is alarmingly small (Schultz

1996). Prime habitat occupied by Erigeron decumbens var. decumbens at

Baskett Butte is rapidly being overgrown with alien grass and trees

(Hammond 1996). About 25 percent of the large Coburg Ridge site

occupied by Fender's blue butterfly and Lupinus sulphureus ssp.

kincaidii is threatened by the profuse shrub growth of Cytisus

scoparius (Hammond 1996). Regardless of the size of the site, invasion

by non-native plants is a threat at all of the sites occupied by any of

the three species proposed for listing in this rule.

The application of pesticides and biological control agents to

control insect pests, such as gypsy moths, is also a threat to Fender's

blue butterfly. Although the sensitivity of Fender's blue butterfly

larvae to specific insecticides is not known, the potential result from

use of gypsy moth control agents on habitats occupied by the Fender's

blue butterfly should not be dismissed (Hammond 1994). The use of

microbial insecticides, such as Bacillus thuringiensis (Bt) has been

shown to have significant residual toxic impacts on native butterflies

under field conditions even with heavy rain and ultraviolet light

exposure (Schriber and Gage 1995).

Taken together as a category, other natural and manmade factors

have a profound effect on the remaining populations of Fender's blue

butterflies, Lupinus sulphureus ssp. kincaidii, and Erigeron decumbens

var. decumbens. Nearly all of the populations are threatened by either

alien species, successional transition of habitat, or demographic and

genetic factors as a result of small population size. Populations of

Fender's blue butterfly at all of the 31 sites are currently threatened

by one of these factors. The same holds true for all 28 sites of E.

decumbens var. decumbens and for all 51 sites of L. sulphureus ssp.

kincaidii

populations are threatened by either

alien species, successional transition of habitat, or demographic and

genetic factors as a result of small population size. Populations of

Fender's blue butterfly at all of the 31 sites are currently threatened

by one of these factors. The same holds true for all 28 sites of E.

decumbens var. decumbens and for all 51 sites of L. sulphureus ssp.

kincaidii. Although progressing on a slower time scale, the

encroachment of alien plants, the successional advance of tree and

shrub species and other naturally occurring random events will, if

unchecked, lead to reductions in population size, reductions in

population viability and, ultimately, the extinction of these native

prairie species.

The Service has carefully assessed the best scientific and

commercial information available regarding the past,

present, and future threats faced by these species in determining to

propose this rule. Threats to Fender's blue butterfly are more imminent

than threats to Lupinus sulphureus kincaidii since the butterfly, with

its biology and shorter life span, will exhibit more rapid declines in

numbers and in the face of threats will be extirpated more quickly at

any one location. Because of its longer life span, small numbers of L.

sulphureus ssp. kincaidii plants are likely to persist longer in any

given habitat area than are small numbers of butterflies. Threats to

Erigeron decumbens var. decumbens are also more imminent than threats

to L. sulphureus ssp. kincaidii because of the fewer populations of E.

decumbens var. decumbens. Secondly, many of the populations of E.

decumbens var. decumbens grow along roadsides adjacent to agricultural

activities (especially grass seed farms) where herbicide spraying to

create bare soil is common practice. Based on this evaluation, Fender's

blue butterfly and E. decumbens var. decumbens are in danger of

extinction throughout all or a significant portion of their respective

ranges, while L. sulphureus ssp

pulations of E.

decumbens var. decumbens grow along roadsides adjacent to agricultural

activities (especially grass seed farms) where herbicide spraying to

create bare soil is common practice. Based on this evaluation, Fender's

blue butterfly and E. decumbens var. decumbens are in danger of

extinction throughout all or a significant portion of their respective

ranges, while L. sulphureus ssp. kincaidii is likely to become

endangered within the foreseeable future. Therefore, the Service

proposes to list Fender's blue butterfly (Icaricia icarioides fenderi)

and E. decumbens var. decumbens (Willamette daisy) as endangered and to

list L. sulphureus ssp. kincaidii (Kincaid's lupine) as threatened.

Critical Habitat

Critical habitat is defined in section 3(5)(A) of the Act as (i)

the specific areas within the geographical area occupied by a species,

at the time it is listed in accordance with the Act, on which are found

those physical or biological features (i) essential to the conservation

of the species and (II) that may require special management

considerations or protection; and (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. The term ``conservation'' means the use of all methods and

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

Section 4(a)(3) of the Act, as amended, requires that to the

maximum extent prudent and determinable, the Secretary propose critical

habitat at the time a species is determined to be threatened or

endangered. The Service finds that designation of critical habitat is

not prudent for Erigeron decumbens var. decumbens, Lupinus sulphureus

ssp. kincaidii, or Fender's blue butterfly at this time

.

Section 4(a)(3) of the Act, as amended, requires that to the

maximum extent prudent and determinable, the Secretary propose critical

habitat at the time a species is determined to be threatened or

endangered. The Service finds that designation of critical habitat is

not prudent for Erigeron decumbens var. decumbens, Lupinus sulphureus

ssp. kincaidii, or Fender's blue butterfly at this time. Service

regulations (50 CFR 424.12(a)(1)) state that the designation of

critical habitat is not prudent when one or both of the following

situations exist--(1) The species is threatened by taking or other

human activity, and identification of critical habitat can be expected

to increase the degree of threat to the species or (2) such designation

of critical habitat would not be beneficial to the species.

The listing of Lupinus sulphureus ssp. kincaidii and Erigeron

decumbens var. decumbens in and of itself contributes to a certain

level of risk from over-collection. This is because listing

acknowledges the rarity of a species, which then creates a certain

level of demand by collectors. Easily accessible roadside populations

with few individuals would be particularly susceptible to

indiscriminate collection by persons interested in rare plants and/or

butterflies if not for the fact that location information is not

readily available.

Designation of critical habitat for Lupinus sulphureus ssp.

kincaidii, Erigeron decumbens var. decumbens, and Fender's blue

butterfly is not considered prudent, because the disclosure of precise

maps and descriptions of critical habitat in the Federal Register would

likely subject these populations to loss of individuals and over-

collection, resulting in the further decline of the species. The

Fender's blue butterfly is also vulnerable to acts of vandalism, which

may damage or eliminate populations of this animal.

In the case of Fender's blue butterfly, both criteria apply

f precise

maps and descriptions of critical habitat in the Federal Register would

likely subject these populations to loss of individuals and over-

collection, resulting in the further decline of the species. The

Fender's blue butterfly is also vulnerable to acts of vandalism, which

may damage or eliminate populations of this animal.

In the case of Fender's blue butterfly, both criteria apply. As

discussed under ``Summary of Factors Affecting the Species,'' this

animal and its habitat are vulnerable to several activities, especially

the removal of specimens for scientific or personal collections. The

Service is concerned about the impacts of the illicit commercial trade

on Fender's blue butterfly. Specimens of this species are known to have

recently been offered for trade by a butterfly collector. Unauthorized

collecting is an activity that can be difficult to control because it

can be done in an inconspicuous and discreet manner. The international

trade of butterflies, including listed species, is an established

practice and the value of a specimen is commensurate with the quality

of the specimen and its rarity. High prices for prized specimens can

provide an incentive for illegal take and trade. Listing in itself

increases the publicity and interest in a species' rarity, and thus may

directly increase the value and demand for specimens. Trade of

illegally captured or held butterflies and other invertebrates has lead

to several arrests and convictions for violations of the Lacey Act

(Claiborne 1997; Hoekwater 1997; Mendoza 1995; U. S. Department of

Justice 1993, 1994, 1995a, 1995b; Williams 1996). However, with the

designation of critical habitat, precise pinpointing of localities

would result from publication of critical habitat descriptions and maps

in the Federal Register

other invertebrates has lead

to several arrests and convictions for violations of the Lacey Act

(Claiborne 1997; Hoekwater 1997; Mendoza 1995; U. S. Department of

Justice 1993, 1994, 1995a, 1995b; Williams 1996). However, with the

designation of critical habitat, precise pinpointing of localities

would result from publication of critical habitat descriptions and maps

in the Federal Register. Since the access to many sites is not actively

protected, managed or monitored closely enough to prevent trespass or

restrict access, the disclosure of critical location information on

rare species increases collection activities on the animal, even for

butterflies that have been designated as endangered or threatened

species.

Since many of the extant populations of Fender's blue butterfly are

comprised of a small number of individuals (less than a few hundred

individuals, and at seven sites only five individuals), one person

seeking to augment a private or scientific collection could extirpate a

population with the removal of a few individuals. Several populations

are along roadsides, which make them particularly accessible.

Therefore, designation of critical habitat would increase the

vulnerability of smaller sites, thereby increasing the risk of

extinction at these smaller sites from collection.

In addition to the threat of over-collection, critical habitat

designation may also make Fender's blue butterfly and its habitat prone

to visitation and impact by non-collectors curious about any of the

three species discussed in this proposed rule. Curiosity seekers may

inadvertently trample host plants and crush eggs, larvae or adult

butterflies. Fender's blue butterfly co-occurs with Lupinus sulphureus

ssp. kincaidii at 14 sites and also occurs with Erigeron decumbens var.

decumbens at 1 site. Publication of critical habitat descriptions and

maps for L. sulphureus ssp. kincaidii, E. decumbens var

ecies discussed in this proposed rule. Curiosity seekers may

inadvertently trample host plants and crush eggs, larvae or adult

butterflies. Fender's blue butterfly co-occurs with Lupinus sulphureus

ssp. kincaidii at 14 sites and also occurs with Erigeron decumbens var.

decumbens at 1 site. Publication of critical habitat descriptions and

maps for L. sulphureus ssp. kincaidii, E. decumbens var. decumbens, or

Fender's blue butterfly would place all three species at an increased

risk of harm from trampling or habitat destruction. For example, in the

spring of 1997, naturalists intent on observing the endangered Palos

Verdes blue butterfly (Glaucopsyche lygdamus palosverdesensis) trampled

and damaged its habitat in their quest to obtain photographs of the

animal (C. Nagano, pers. obs. 1997).

Designation of critical habitat could also increase the

vulnerability of Fender's blue butterfly habitat to intentional

destruction by landowners

who do not want a protected species on their property. In the mid-

1980's, a landowner disked the habitat of the now endangered Quino

checkerspot butterfly (Euphydryas editha quino) and eliminated the

species from the site after being informed about its presence (C.

Nagano, pers. obs.).

Furthermore, the designation of critical habitat provides limited

benefit in addition to the protection and awareness that these three

taxa will receive by virtue of their listing. Section 7(a)(2) of the

Act requires Federal agencies in consultation with the Service, to

ensure that any action authorized, funded, or carried out by such

agency, does not jeopardize the continued existence of a federally

listed species, or does not destroy or adversely modify designated

critical habitat. The occurrences of these three species are so closely

associated to their habitat year-round that any designated critical

habitat areas would overlap areas of species' presence and occurrence

y action authorized, funded, or carried out by such

agency, does not jeopardize the continued existence of a federally

listed species, or does not destroy or adversely modify designated

critical habitat. The occurrences of these three species are so closely

associated to their habitat year-round that any designated critical

habitat areas would overlap areas of species' presence and occurrence.

Therefore, when a species is listed, an analysis to determine jeopardy

under section 7(a)(2) would consider take associated with habitat

impacts. Such an analysis would closely parallel any analysis of

habitat impacts conducted to determine adverse modification of critical

habitat. As a result, a determination of adverse modification of

critical habitat for Fender's blue butterfly or Lupinus sulfureus ssp.

kincaidii or Erigeron decumbens ssp. decumbens is highly likely to be

accompanied with a determination of jeopardy. Listing of these species

will ensure that section 7 consultation occurs and potential impacts to

the species and its habitat are considered for any Federal action that

may affect these species. In the case of Fender's blue butterfly, the

listing of L. sulfureus ssp. kincaidii will also ensure that Federal

agencies consult even when Federal actions may affect unoccupied

potentially suitable habitat for the butterfly.

It is the intent of critical habitat designation to provide

additional benefits to the species through increased awareness and

management activities. Benefits resulting from designation of critical

habitat are anticipated to be limited because Federal, State, and

conservation group land managers with moderate and larger extant

populations of Fender's blue butterfly and Erigeron decumbens ssp.

decumbens have known of the occurrence of these species and have

initiated management activities in several cases

areness and

management activities. Benefits resulting from designation of critical

habitat are anticipated to be limited because Federal, State, and

conservation group land managers with moderate and larger extant

populations of Fender's blue butterfly and Erigeron decumbens ssp.

decumbens have known of the occurrence of these species and have

initiated management activities in several cases. The largest

populations of the Fender's blue butterfly occur at Baskett Slough

National Wildlife Refuge (1,400 individuals on 50 ha) and the second

largest is at Willow Creek Main managed by TNC (764 individuals on 3.8

ha). The largest population of Erigeron decumbens ssp. decumbens occurs

at Willow Creek Preserve managed by TNC (2,080 individual plants on

20.3 ha) and the second and third occur on Corps land (Fisher Butte has

1,500 plants on 20.3 ha and Fisher Butte Dike has 1,000 plants on 4.1

ha). All of the large populations of Lupinus sulphureus ssp. kincaidii

occur on private lands and designating critical habitat for L.

sulphureus ssp. kincaidii would reveal locations of the Fender's blue

butterfly.

The BLM, FS, Corps, and the Service are aware of the presence and

locations of the three species on their properties. The Corps and

Service are managing the lands that are under their jurisdiction to

restore habitat for the three species and are monitoring the existing

populations.

Extant populations of Fender's blue butterfly and Lupinus

sulphureus ssp. kincaidii occur on State lands managed by ODOT and

Oregon State University (OSU) College of Forestry. The ODOT is aware of

locations of Fender's blue butterfly, L. sulfureus ssp. kincaidii, and

Erigeron decumbens ssp. decumbens sites, and are currently managing

these sites to avoid impacts from State road maintenance activities.

The ODOT is a non-Federal representative of the Federal Highway

Administration (FHA) for the purposes of section 7 consultation

University (OSU) College of Forestry. The ODOT is aware of

locations of Fender's blue butterfly, L. sulfureus ssp. kincaidii, and

Erigeron decumbens ssp. decumbens sites, and are currently managing

these sites to avoid impacts from State road maintenance activities.

The ODOT is a non-Federal representative of the Federal Highway

Administration (FHA) for the purposes of section 7 consultation.

Therefore, any ODOT activities funded by the FHA that may affect listed

species would require section 7 consultation. The OSU Department of

Botany and Plant Pathology has been working cooperatively with OSU

College of Forestry to conserve habitats at McDonald State Forest where

L. sulphureus ssp. kincaidii and Fender's blue butterfly occur in

butterfly meadows on OSU lands (Mark Wilson, pers. comm. 1997).

Other Federal agencies will be notified with this proposed rule.

Therefore, agencies such as the Department of Housing and Urban

Development (HUD) would be subject to section 7 consultation under the

Act. Agencies, such as HUD, with any actions that may impact listed

species whether occurring on Federal, State, or private lands, would be

subject to section 7 consultation under the Act. Since activities on

Federal lands and federally funded activities would be subject to

section 7 consultation and recovery planning with listing, protection

of habitat will be addressed through the consultation and recovery

processes.

Aside from consideration under section 7, the Act does not provide

any additional protection to lands designated as critical habitat.

Designating critical habitat does not create a management plan for the

areas where the listed species occurs; does not establish numerical

population goals or prescribe specific management actions (inside or

outside of critical habitat); and does not have a direct effect on

areas not designated as critical habitat.

Critical habitat designation would provide limited benefit on

private lands

Designating critical habitat does not create a management plan for the

areas where the listed species occurs; does not establish numerical

population goals or prescribe specific management actions (inside or

outside of critical habitat); and does not have a direct effect on

areas not designated as critical habitat.

Critical habitat designation would provide limited benefit on

private lands. The primary reasons are that critical habitat

designation provides protection only on Federal lands or on private

lands if there is Federal involvement through authorization or funding

of, or participation in, a project or activity. In other words, a

designation of critical habitat on private lands does not compel or

require private landowners to undertake recovery or active management

for the species. Also, Federal actions on private lands are likely to

be limited, but nevertheless would require section 7 consultation if

such actions may affect listed species. In addition, private landowners

with sizeable or significant populations of the Fender's blue

butterfly, Lupinus sulfureus ssp. kincaidii, and Erigeron decumbens

var. decumbens are aware of the populations of the species on their

lands. Landowners and managers of smaller sites will be notified with

publication of the proposed rule. In the case of The Nature

Conservancy, management and conservation activities have been

implemented.

Smaller roadside sites may benefit from critical habitat

designation by increasing awareness of locations to County road

maintenance crews. However, the benefit of critical habitat designation

of these smaller sites would be small to negligible when compared to

the increased risks and vulnerability these smaller sites may face from

collection or vandalism with disclosure of their locations.

In summary, the Service believes that any benefit potentially

provided by designation of critical habitat for Fender's blue

butterfly, Lupinus sulphureus ssp. kincaidii, or Erigeron decumbens

var

these smaller sites would be small to negligible when compared to

the increased risks and vulnerability these smaller sites may face from

collection or vandalism with disclosure of their locations.

In summary, the Service believes that any benefit potentially

provided by designation of critical habitat for Fender's blue

butterfly, Lupinus sulphureus ssp. kincaidii, or Erigeron decumbens

var. decumbens would be outweighed by the increase in threats to the

species and their habitat from illegal collecting and vandalism caused

by such designation. Therefore, the Service has determined that

designation of critical habitat for Fender's blue butterfly, Lupinus

sulphureus ssp. kincaidii, or Erigeron decumbens var. decumbens is not

prudent. Protection of Fender's blue butterfly habitat, Lupinus

sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens will

be addressed through the section 7 consultation process and through

recovery actions.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing encourages and results in

conservation actions by Federal, State, and private agencies, groups,

and individuals. The Act provides for possible land acquisition and

cooperation with the States and requires that recovery actions be

carried out for all listed species. The protection required of Federal

agencies and the prohibitions against taking and harm of animals and

certain activities involving listed plants are discussed, in part,

below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated

f Federal

agencies and the prohibitions against taking and harm of animals and

certain activities involving listed plants are discussed, in part,

below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

Part 402. Section 7(a)(4) requires Federal agencies to confer

informally with the Service on any action that is likely to jeopardize

the continued existence of a proposed species or result in destruction

or adverse modification of proposed critical habitat. If a species is

listed subsequently, section 7(a)(2) requires Federal agencies to

ensure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of such a species or to

destroy or adversely modify its critical habitat. If a Federal action

is likely to adversely affect a listed species or its critical habitat,

the responsible Federal agency must enter into formal consultation with

the Service.

As a result of the occupation of roadside habitat by Erigeron

decumbens var. decumbens, Lupinus sulphureus ssp. kincaidii, and

Fender's blue butterfly, the FHA would become involved with these

species in the event of full or partial funding of state highway

maintenance by the Federal government. Such maintenance activities

would be subject to review under the Act. Additionally, sites

supporting occurrences of E. decumbens var. decumbens, L. sulphureus

ssp. kincaidii, and Fender's blue butterfly on private holdings would

be subject to review under section 7 of the Act if HUD is involved in

the issuance of housing loans. The BLM, FS, and Corps manage lands

known to contain extant populations of the three species in this

proposed rule

view under the Act. Additionally, sites

supporting occurrences of E. decumbens var. decumbens, L. sulphureus

ssp. kincaidii, and Fender's blue butterfly on private holdings would

be subject to review under section 7 of the Act if HUD is involved in

the issuance of housing loans. The BLM, FS, and Corps manage lands

known to contain extant populations of the three species in this

proposed rule. In all of these cases, the consultation and conservation

requirements placed upon Federal agencies by the Act would be

initiated. Furthermore, opportunities for land acquisition,

conservation agreements and other recovery strategies would be

bolstered by listing these species as endangered or threatened.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered and

threatened plants. All prohibitions of section 9(a)(2) of the Act,

implemented by 50 CFR 17.61 for endangered plants and 50 CFR 17.71 for

threatened plants, apply. These prohibitions, in part, make it illegal

for any person subject to the jurisdiction of the United States to

import or export, transport in interstate or foreign commerce in the

course of a commercial activity, sell or offer for sale in interstate

or foreign commerce, or remove and reduce the species to possession

from areas under Federal jurisdiction. In addition, for plants listed

as endangered, the Act prohibits the malicious damage or destruction of

areas under Federal jurisdiction and the removal, cutting, digging up,

or damaging or destroying of such plants in knowing violation of any

State law or regulation, including State criminal trespass law (see 16

U.S.C. Sec. 1538 (a)(2)(B). Section 4(d) of the Act allows for the

provision of such protection to threatened species through regulation.

This protection may apply to Lupinus sulphureus ssp. kincaidii in the

future if a special regulation is promulgated after opportunity for

public notice and comment

wing violation of any

State law or regulation, including State criminal trespass law (see 16

U.S.C. Sec. 1538 (a)(2)(B). Section 4(d) of the Act allows for the

provision of such protection to threatened species through regulation.

This protection may apply to Lupinus sulphureus ssp. kincaidii in the

future if a special regulation is promulgated after opportunity for

public notice and comment. Seeds from cultivated specimens of

threatened plants are exempt from these prohibitions provided that

their containers are marked ``Of Cultivated Origin.'' Certain

exceptions to the prohibitions apply to agents of the Service and State

conservation agencies.

The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for the

issuance of permits to carry out otherwise prohibited activities

involving endangered and threatened plants under certain circumstances.

Such permits are available for scientific purposes and to enhance the

propagation or survival of the species. For threatened plants, permits

also are available for botanical or horticultural exhibition,

educational purposes, or special purposes consistent with the purposes

of the Act. It is anticipated that few trade permits would ever be

sought or issued because Lupinus sulphureus ssp. kincaidii and Erigeron

decumbens var. decumbens are not common in cultivation or in the wild.

The Act and implementing regulations also set forth a series of

general prohibitions and exceptions that apply to all endangered

wildlife. These prohibitions, codified at 50 CFR 17.21, in part, make

it illegal for any person subject to the jurisdiction of the United

States to take (includes harass, harm, pursue, hunt, shoot, wound,

kill, trap, capture, collect; or to attempt any of these), import or

export, ship in interstate commerce in the course of commercial

activity, or sell or offer for sale in interstate or foreign commerce

any listed species

dified at 50 CFR 17.21, in part, make

it illegal for any person subject to the jurisdiction of the United

States to take (includes harass, harm, pursue, hunt, shoot, wound,

kill, trap, capture, collect; or to attempt any of these), import or

export, ship in interstate commerce in the course of commercial

activity, or sell or offer for sale in interstate or foreign commerce

any listed species. It also is illegal to possess, sell, deliver,

carry, transport, or ship any such wildlife that has been taken

illegally. Certain exceptions apply to agents of the Service and State

conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife under certain circumstances. Regulations

governing permits are codified at 50 CFR 17.22 and 17.23. Such permits

are available for scientific purposes, to enhance the propagation or

survival of the species, and/or for incidental take in connection with

otherwise lawful activities.

It is the policy of the Service, as published in the Federal

Register on July 1, 1994 (59 FR 34272), to identify to the maximum

extent practicable at the time a species is listed, those activities

that would or would not constitute a violation of section 9 of the Act.

The intent of this policy is to increase public awareness of the effect

of the listing on proposed and ongoing activities within the range of a

species. Erigeron decumbens var. decumbens, and Lupinus sulphureus ssp.

kincaidii are known to occur on Federal lands under the jurisdiction of

the Service, Corps, BLM, or FS. In the event of listing, occurrences of

these species on Federal lands would be protected from collection,

damage or destruction under section 9 of the Act. State law provides

some protection to populations on State-owned lands as discussed

previously. In appropriate cases, collection of these species could be

allowed through the issuance of a Federal endangered species permit

ps, BLM, or FS. In the event of listing, occurrences of

these species on Federal lands would be protected from collection,

damage or destruction under section 9 of the Act. State law provides

some protection to populations on State-owned lands as discussed

previously. In appropriate cases, collection of these species could be

allowed through the issuance of a Federal endangered species permit.

The Service is not aware of any otherwise lawful activities being

conducted or proposed by the public that will be affected by this

listing and result in a violation of Section 9.

As a listed wildlife species, Fender's blue butterfly would receive

more extensive protection under the Act than described for the plant

species above.

Section 9 prohibits the take of any listed wildlife species by any

person subject to the jurisdiction of the United States. The Service

believes that, based on the best available information, the following

actions would not be violations of section 9:

(1) Possession, delivery, or movement, including interstate

transport and import or export from the United States, involving no

commercial activity, of dead specimens of Fender's blue butterfly that

were collected prior to the date of publication in the Federal Register

of a final regulation adding this taxon to the list of endangered

species;

(2) Actions that may affect Fender's blue butterfly and are

authorized, funded, or carried out by a Federal agency when the action

is conducted in accordance with section 7 of the Act;

(3) Land actions or management carried out under a habitat

conservation plan approved by the Service pursuant to section

10(a)(1)(B) of the Act, or an approved conservation agreement; and,

(4) Scientific research carried out under a recovery permit issued

by the Service pursuant to section 10(a)(1)(A) of the Act.

Potential activities involving Fender's blue butterfly that the

Service will likely consider a violation of section 9 include, but are

not limited to, the following:

by the Service pursuant to section

10(a)(1)(B) of the Act, or an approved conservation agreement; and,

(4) Scientific research carried out under a recovery permit issued

by the Service pursuant to section 10(a)(1)(A) of the Act.

Potential activities involving Fender's blue butterfly that the

Service will likely consider a violation of section 9 include, but are

not limited to, the following:

(1) Take of Fender's blue butterfly without a recovery permit

pursuant to section 10(a)(1)A) or an incidental take permit pursuant to

section 10(a)(1)(B) of the Act (this includes harassing, harming,

pursuing, hunting, shooting, wounding, killing, trapping, capturing, or

collecting, or attempting any of these actions);

(2) Possess, sell, deliver, carry, transport, or ship illegally

taken specimens of Fender's blue butterfly, except for properly

documented antique specimens of this taxon at least 100 years old, as

defined by section 10(h)(1) of the Act;

(3) The unauthorized release of biological control agents that

attack, damage, or kill any stage of this taxa;

(4) The removal or destruction of the foodplants being utilized by

Fender's blue butterfly, defined as Lupinus sulphureus ssp. kincaidii,

L. albicaulis, and L. laxiflorus; and,

(5) Destruction or alteration of Fender's blue butterfly habitat by

grading, leveling, plowing, mowing, burning, herbicide or pesticide

spraying, intensively grazing, or otherwise disturbing grasslands that

result in the death or injury of adult butterflies and/or their larvae

or eggs, or that impair the species' essential breeding, foraging, or

sheltering.

Questions regarding whether specific activities will constitute a

violation of section 9 should be directed to the State Supervisor of

the Service's Oregon State Office (see ADDRESSES section). Requests for

copies of the regulations concerning listed plant and animal species

and general inquiries regarding prohibitions and permits may be

addressed to the U.S

eeding, foraging, or

sheltering.

Questions regarding whether specific activities will constitute a

violation of section 9 should be directed to the State Supervisor of

the Service's Oregon State Office (see ADDRESSES section). Requests for

copies of the regulations concerning listed plant and animal species

and general inquiries regarding prohibitions and permits may be

addressed to the U.S. Fish and Wildlife Service, Endangered Species

Permits, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (telephone

503-231-2063; FAX 503-231-6243).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to these species;

(2) The location of any additional populations of these species and

the reasons why any habitat should or should not be determined to be

critical habitat pursuant to section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of these species; and

(4) Current or planned activities in the subject area and their

possible impacts on Erigeron decumbens var. decumbens, Lupinus

sulphureus ssp. kincaidii, and Fender's blue butterfly.

Final promulgation of the regulation on these species will take

into consideration the comments and any additional information received

by the Service. Such communications may lead to a final regulation that

differs from this proposal.

The Endangered Species Act provides for one or more public hearings

on this proposal, if requested. Requests must be received within 45

days of the date of publication of the proposal in the Federal

Register

ies will take

into consideration the comments and any additional information received

by the Service. Such communications may lead to a final regulation that

differs from this proposal.

The Endangered Species Act provides for one or more public hearings

on this proposal, if requested. Requests must be received within 45

days of the date of publication of the proposal in the Federal

Register. Such requests must be made in writing and addressed to State

Supervisor, U.S. Fish and Wildlife Service, Oregon State Office (see

ADDRESSES above).

Required Determinations

This rule does not contain collections of information that require

approval by the Office of Management and Budget under 44 U.S.C. 3501 et

seq.

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

This rule does not contain collections of information that require

approval by the Office of Management and Budget under 44 U.S.C. 3501 et

seq.

References Cited

A complete list of all references cited herein, as well as others,

is available upon request from the Oregon State Office (see ADDRESSES

above).

Author. The primary author of this proposed rule is Richard

VanBuskirk, Fish and Wildlife Biologist (see ADDRESSEES section).

Assistance with the portions of this proposed rule dealing with

Fender's blue butterfly were completed by Chris Nagano, staff

entomologist, U.S. Fish and Wildlife Service, Carlsbad Field Office,

2730 Loker Avenue West, Carlsbad, California 92008.

List of Subjects in 50 CFR Part 17

rimary author of this proposed rule is Richard

VanBuskirk, Fish and Wildlife Biologist (see ADDRESSEES section).

Assistance with the portions of this proposed rule dealing with

Fender's blue butterfly were completed by Chris Nagano, staff

entomologist, U.S. Fish and Wildlife Service, Carlsbad Field Office,

2730 Loker Avenue West, Carlsbad, California 92008.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

subchapter B of chapter I, title 50 of the Code of Federal Regulations,

as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. Amend section 17.11(h) by adding the following, in alphabetical

order, under INSECTS, to the List of Endangered and Threatened Wildlife

to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate

-------------------------------------------------------- population where When Critical Special

Historic range endangered or Status listed habitat rules

Common name Scientific name threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Insects

* * * * * * *

Fender's blue butterfly.......... Icaricia icarioides U.S.A. (OR)........ NA................. E ........... NA NA

fenderi.

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

----------------------------------------------------------

* * * * * * *

Insects

* * * * * * *

Fender's blue butterfly.......... Icaricia icarioides U.S.A. (OR)........ NA................. E ........... NA NA

fenderi.

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

3. Amend section 17.12(h) by adding the following, in alphabetical

order, under FLOWERING PLANTS, to the List of Endangered and Threatened

Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species

-------------------------------------------------------- Historic range Family Status When listed Critical Special

Scientific name Common name habitat rules

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Flowering Plants

* * * * * * *

Erigeron decumbens var. decumbens Willamette daisy.... U.S.A. (OR)........ Asteraceae......... E ........... NA NA

* * * * * * *

Lupinus sulphureus ssp. kincaidii Kincaid's lupine.... U.S.A. (OR, WA).... Fabaceae........... T ........... NA NA

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: December 30, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-1851 Filed 1-26-98; 8:45 am]

BILLING CODE 4310-55-P