Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for the Plant Astragalus Desereticus (Deseret milk- vetch)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE57

Endangered and Threatened Wildlife and Plants; Proposed

Threatened Status for the Plant Astragalus Desereticus (Deseret milk-

vetch)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

determine a Utah plant species, Astragalus desereticus (Deseret milk-

vetch), to be a threatened species under the authority of the

Endangered Species Act of 1973, as amended (Act). Astragalus

desereticus, considered extinct for 72 years prior to 1981, exists as

one small population in Utah County, Utah. Threats to the plant include

residential development, livestock grazing, livestock and wildlife

trampling, and threats associated with small population size. This

proposal, if made final, would implement Federal protection provided by

the Act. The Service seeks data and comments from the public on this

proposal.

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

30, 1998. Public hearing requests must be received by March 16, 1998.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, Utah Ecological Services Field Office,

U.S. Fish and Wildlife Service, Lincoln Plaza Suite 404, 145 East 1300

South, Salt Lake City, Utah 84115. Comments and materials received will

be available for public inspection, by appointment, during normal

business hours at the above address.

FOR FURTHER INFORMATION CONTACT: John L. England at the above address

(telephone: 801/524-5001, ext. 138).

SUPPLEMENTARY INFORMATION:

Background

,

U.S. Fish and Wildlife Service, Lincoln Plaza Suite 404, 145 East 1300

South, Salt Lake City, Utah 84115. Comments and materials received will

be available for public inspection, by appointment, during normal

business hours at the above address.

FOR FURTHER INFORMATION CONTACT: John L. England at the above address

(telephone: 801/524-5001, ext. 138).

SUPPLEMENTARY INFORMATION:

Background

Marcus E. Jones collected a distinctive Astragalus from ``below

Indianola,'' a town in Sanpete County, Utah, on June 2, 1893. The same

species was again collected by Ivar Tidestrom from ``near Indianola''

on June 17, 1909. Specimens from these two collections lay in obscurity

in various herbaria until Rupert Barneby recognized their uniqueness

and described them as Astragalus desereticus (Barneby 1964). Efforts to

relocate the species were initially fruitless (Barneby 1964; Welsh

1978a, 1978c), leading to a presumption of extinction (Ripley 1975;

Welsh 1975, 1978b). However, a population of A. desereticus was

discovered by Elizabeth Neese on May 27, 1981, on a sandstone outcrop

above the town of Birdseye, Utah County, Utah, less than 16 kilometers

(km) (10 miles (mi)) from Indianola (Welsh and Chatterley 1985). This

population remains the only known occurrence of this species (Franklin

1990, 1991; U.S. Fish and Wildlife Service (USFWS) 1991). It is

possible that this population is the one from which Jones and/or

Tidestrom made their collections more than 70 years earlier (Franklin

1990, 1991; Welsh and Chatterley 1985).

Astragalus desereticus is a perennial, herbaceous plant in the bean

family (Fabaceae). Individual plants are approximately 4 to 15

centimeters (cm) (2 to 6 inches (in)) in height, with stems about 6 cm

(2 in) tall. The pinnately compound leaves are 4 to 11 cm (2 to 4 in)

long with 11 to 17 leaflets. The leaflets are elliptic to ovate in

shape, with dense silvery gray hairs on both sides

85).

Astragalus desereticus is a perennial, herbaceous plant in the bean

family (Fabaceae). Individual plants are approximately 4 to 15

centimeters (cm) (2 to 6 inches (in)) in height, with stems about 6 cm

(2 in) tall. The pinnately compound leaves are 4 to 11 cm (2 to 4 in)

long with 11 to 17 leaflets. The leaflets are elliptic to ovate in

shape, with dense silvery gray hairs on both sides. The flowers are 1.8

to 2.2 cm (0.7 to 0.9 in) long, white in color with a purple tip on the

keel, and borne on a stalk of 5 to 10 flowers. The seed pods are 1 to 2

cm (0.4 to 0.8 in) long, covered with lustrous hairs, and bear 14 to 16

ovules (Barneby 1964; Barneby in Cronquist et al. 1989; Welsh 1978c;

Welsh et al. 1987).

Astragalus desereticus occurs primarily on steep south- and west-

facing slopes. The plant grows on soils derived from a specific and

unusual portion of the geologic Moroni Formation. This geologic feature

is characterized by coarse, crudely bedded conglomerate (Franklin

1990). The plant community in which A. desereticus occurs is dominated

by pinon pine (Pinus edulis) and Utah juniper (Juniperus osteosperma).

Other associated plant species include: sagebrush (Artemisia

tridentata), scrub oak (Quercus gambelii), and wild buckwheat

(Eriogonum brevicaule) (Franklin 1990).

The only known population of Astragalus desereticus consists of

between 5,000 and 10,000 individuals growing in an area of less than

120 hectares (ha) (300 acres (ac)) (Franklin 1990, Stone 1992). The

species' total range is approximately 2.6 km (1.6 mi) long and 0.5 km

(0.3 mi) across. Extensive searches of similar habitat in other parts

of Utah have not revealed any other populations (Franklin 1991; Larry

England, USFWS, pers. comm., 1997). The land upon which A. desereticus

grows is owned by the State

area of less than

120 hectares (ha) (300 acres (ac)) (Franklin 1990, Stone 1992). The

species' total range is approximately 2.6 km (1.6 mi) long and 0.5 km

(0.3 mi) across. Extensive searches of similar habitat in other parts

of Utah have not revealed any other populations (Franklin 1991; Larry

England, USFWS, pers. comm., 1997). The land upon which A. desereticus

grows is owned by the State

of Utah and three private landowners (Franklin 1990, 1991; Chris

Montague, The Nature Conservancy, pers. comms., 1992, 1997). This plant

species is threatened by grazing and trampling by ungulates, alteration

of its habitat due to residential development and road widening, and

naturally occurring events such as fire, due to its limited

distribution.

Previous Federal Action

Section 12 of the Act directed the Secretary of the Smithsonian

Institution to prepare a report on those plants considered to be

endangered, threatened, or extinct. This report, designated as House

Document No. 94-51, was presented to Congress on January 9, 1975. On

July 1, 1975, the Service published a notice in the Federal Register

(40 FR 27823) accepting the report as a petition to list those taxa

named therein under section 4(c)(2) (now 4(b)(3)) of the Act, and its

intention to review the status of those plants. Astragalus desereticus

was included in the July 1, 1975, notice on list ``C,'' indicating that

the species was probably extinct.

On June 16, 1976, the Service published a proposed rule in the

Federal Register (41 FR 24523) to designate approximately 1,700

vascular plant species, including Astragalus desereticus, as endangered

pursuant to section 4 of the Act. The list of those 1,700 plant species

was assembled on the basis of comments and data received by the

Smithsonian Institution and the Service in response to House Document

No. 94-51 and the July 1, 1975, Federal Register publication. In the

proposed rule, the Service also designated A

00

vascular plant species, including Astragalus desereticus, as endangered

pursuant to section 4 of the Act. The list of those 1,700 plant species

was assembled on the basis of comments and data received by the

Smithsonian Institution and the Service in response to House Document

No. 94-51 and the July 1, 1975, Federal Register publication. In the

proposed rule, the Service also designated A. desereticus as a species

about which the Service was particularly interested in obtaining any

new information on living specimens and extant populations. General

comments received in relation to the 1976 proposal are summarized in an

April 26, 1978, Federal Register publication (43 FR 17909). The 1978

amendments to the Act required that all proposals over 2 years old be

withdrawn, although proposals published before the 1978 amendments'

enactment could not be withdrawn before the end of a 1-year grace

period beginning on the enactment date. On December 10, 1979, the

Service published a notice of withdrawal (44 FR 70796) of that portion

of the June 16, 1976, proposal that had not been made final, which

included A. desereticus.

On December 15, 1980, the Service published a revised notice of

review for native plants in the Federal Register (45 FR 82480)

designating Astragalus desereticus a category 1 candidate species.

Category 1 candidates were defined as those taxa for which the Service

had on file information on biological vulnerability and threats to

support the preparation of listing proposals. In addition, A.

desereticus was identified as a species that may have recently become

extinct. In 1981, a population of A. desereticus was discovered. On

November 28, 1983, the Service published a revised notice of review in

the Federal Register (48 FR 53640) in which A. desereticus was included

as a category 2 candidate species

ty and threats to

support the preparation of listing proposals. In addition, A.

desereticus was identified as a species that may have recently become

extinct. In 1981, a population of A. desereticus was discovered. On

November 28, 1983, the Service published a revised notice of review in

the Federal Register (48 FR 53640) in which A. desereticus was included

as a category 2 candidate species. Category 2 candidates were formerly

defined as taxa for which data on biological vulnerability and threats

indicated that listing was possibly appropriate, but for which data

were not sufficient to support issuance of listing proposals. In

preparing the 1983 notice, the Service deemed it appropriate to acquire

additional information on the distribution and abundance of A.

desereticus before proposing the species for listing. The Service

maintained A. desereticus as a category 2 species in updated notices of

review published on September 27, 1985 (50 FR 39526), and February 21,

1990 (55 FR 6184). As a result of additional information obtained in

1990 and 1991 status surveys (Franklin 1990, USFWS 1991), the Service

reclassified A. desereticus as a category 1 candidate in the September

30, 1993, notice of review (58 FR 51144). In the February 28, 1996,

notice of review (61 FR 7596), the Service discontinued the designation

of category 2 candidates. Astragalus desereticus was included as a

candidate in the February 28, 1996 (61 FR 7596), and September 19,

1997, notices of review (62 FR 49398).

The processing of this proposed rule conforms with the Service's

final listing priority guidance for fiscal year 1997, published in the

Federal Register on December 5, 1996 (61 FR 64475). In a Federal

Register notice published on October 23, 1997 (62 FR 55628), the

guidance was extended beyond fiscal year 1997 until new guidance is

published following passage of the fiscal year 1998 appropriations bill

for the Department of the Interior

with the Service's

final listing priority guidance for fiscal year 1997, published in the

Federal Register on December 5, 1996 (61 FR 64475). In a Federal

Register notice published on October 23, 1997 (62 FR 55628), the

guidance was extended beyond fiscal year 1997 until new guidance is

published following passage of the fiscal year 1998 appropriations bill

for the Department of the Interior. The fiscal year 1997 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 Act on April 26, 1996,

following severe funding constraints imposed by a number of continuing

resolutions between November 1995 and April 1996. Based on biological

considerations, this guidance establishes a ``multi-tiered approach

that assigns relative priorities, on a descending basis, to actions to

be carried out under section 4 of the Act'' (61 FR 64479). 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 Astragalus desereticus falls under Tier

3. The guidance states that ``effective April 1, 1997, the Service will

concurrently undertake all of the activities presently included in

Tiers 1, 2, and 3'' (61 FR 64480). The Service has thus begun

implementing a more balanced listing program, including processing more

Tier 3 activities. The completion of this Tier 3 activity (a proposal

for a species with high-magnitude, imminent threats) follows those

guidelines.

Summary of Factors Affecting the Species

ll

concurrently undertake all of the activities presently included in

Tiers 1, 2, and 3'' (61 FR 64480). The Service has thus begun

implementing a more balanced listing program, including processing more

Tier 3 activities. The completion of this Tier 3 activity (a proposal

for a species with high-magnitude, imminent threats) follows those

guidelines.

Summary of Factors Affecting the Species

Section 4 of the 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 endangered or threatened due to one or more of the five factors

described in section 4(a)(1). These factors and their application to

Astragalus desereticus Barneby (Deseret milk-vetch) are as follows:

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

of Its Habitat or Range

Astragalus desereticus is located on highly accessible public and

private land that is used for cattle grazing and wildlife management

(Franklin 1991, Stone 1992). The land managed by the State of Utah

Division of Wildlife Resources (DWR) is a wildlife management area that

is also used for cattle grazing (Franklin 1991). Cattle are used by DWR

in the spring to encourage plant growth for big game forage in the

winter. This grazing occurs within the habitat of A. desereticus (Stone

1992). The cattle tend to concentrate primarily on the upslope areas

where forage production is greater (Stone 1992). Erosion in these areas

is exacerbated by cattle grazing and game trails. In addition to the

effects of erosion, trampling threatens A. desereticus, particularly at

the southern end of the range (Franklin 1991). As cattle and

g occurs within the habitat of A. desereticus (Stone

1992). The cattle tend to concentrate primarily on the upslope areas

where forage production is greater (Stone 1992). Erosion in these areas

is exacerbated by cattle grazing and game trails. In addition to the

effects of erosion, trampling threatens A. desereticus, particularly at

the southern end of the range (Franklin 1991). As cattle and

wildlife graze the habitat of A. desereticus, the animals are likely to

trample plants as they forage. Whereas mule deer (Odocoileus hemionus)

have maintained stable numbers recently, Rocky Mountain elk (Cervas

elephas) populations are increasing. Erosion and trampling by cattle

and wildlife constitute threats to A. desereticus.

Development in the Wasatch Front metropolitan area is spreading

into the surrounding agricultural lands, especially small communities

in the drainages of the Provo, Spanish Fork, and Weber rivers (Utah

Governor's Office of Planning and Budget (UGOPB) 1997). Areas such as

Birdseye are predicted to be rezoned residential within a short time.

The population growth of the metropolitan area is expected to nearly

double by the year 2020. In addition, conversion of agricultural land

to urban use is also expected to nearly double in the same time period

(UGOPB 1997). The entire Astragalus desereticus population is within

300 meters (1,000 feet) of U.S. Highway 89 and is within the area

proposed for future development (UGOPB 1997). Transportation needs of

the expanding population will also require roads to be widened or

improved. U.S. Highway 89 is currently a two-lane rural highway that

will likely be expanded when residential development expands into

southern Utah County and northern Sanpete County. Such highway widening

and the concomitant residential development could destroy a significant

portion of the remaining habitat of A. desereticus.

A potential threat to Astragalus desereticus is related to the

populations of ungulates in the area and their effect on pollinators

will likely be expanded when residential development expands into

southern Utah County and northern Sanpete County. Such highway widening

and the concomitant residential development could destroy a significant

portion of the remaining habitat of A. desereticus.

A potential threat to Astragalus desereticus is related to the

populations of ungulates in the area and their effect on pollinators.

Other species in the genus Astragalus have suffered from low numbers of

pollinators due to the indirect effects ungulates may have on the

pollinators' nest sites (Stone 1992). Bumblebees (Bombus sp.), which

nest in abandoned rodent burrows, are likely the primary pollinators of

A. desereticus. Land use practices which increase grazing pressure may

cause burrows to collapse, destroying bumblebee nests (Stone 1992).

Since bees have low fecundity, their populations may not recover for

many years, particularly if grazing by large numbers of ungulates is

maintained.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Overutilization is not known to be a threat to Astragalus

desereticus.

C. Disease or Predation

In contrast to many species of Astragalus, A. desereticus appears

to be palatable to cattle. Many Astragalus species concentrate the

toxic element selenium in their tissues; these species, called

selenophytes, poison grazing cattle (Stone 1992). The fact that A.

desereticus does not produce a ``snakelike'' odor typical of other

``snakeweeds,'' as selenophytes are sometimes called, and the fact that

no other selenophytes occur in the area, indicate that A. desereticus

is not a selenophyte (Stone 1992). While A. desereticus may not be

preferred forage for cattle or native ungulates, it is palatable and

may be inadvertently taken along with preferred forage in the area

not produce a ``snakelike'' odor typical of other

``snakeweeds,'' as selenophytes are sometimes called, and the fact that

no other selenophytes occur in the area, indicate that A. desereticus

is not a selenophyte (Stone 1992). While A. desereticus may not be

preferred forage for cattle or native ungulates, it is palatable and

may be inadvertently taken along with preferred forage in the area.

In habitat similar to that occupied by Astragalus desereticus in

Utah County that has been surveyed by Service personnel, overgrazing by

domestic ungulates has almost completely denuded the landscape (USFWS

1991). Similar grazing pressure has been known from the current habitat

of A. desereticus; therefore, the effects of grazing, particularly

overgrazing, constitute a likely threat. This species is much less

abundant in the more heavily grazed southern portion of its habitat

(Franklin 1990, 1991), indicating that grazing may be a significant

threat. Cattle grazing may be particularly harmful because it occurs

during a critical period for A. desereticus reproduction (i.e.,

flowering) (Stone 1992).

There are no known insect parasites or disease organisms that

significantly affect this species.

D. The Inadequacy of Existing Regulatory Mechanisms

Astragalus desereticus presently receives no protection or

consideration under any Federal, State or local law or regulation.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

us reproduction (i.e.,

flowering) (Stone 1992).

There are no known insect parasites or disease organisms that

significantly affect this species.

D. The Inadequacy of Existing Regulatory Mechanisms

Astragalus desereticus presently receives no protection or

consideration under any Federal, State or local law or regulation.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

By virtue of the limited number of individuals and range of the

single remaining population of Astragalus desereticus, this species may

be threatened with extinction from naturally occurring events. The

probability that a natural event such as a fire, drought, or disease

will cause extinction is greater for species having a small population

size and highly restricted range (Stone 1992). Rare species in the

genus Astragalus have exhibited low levels of genetic diversity when

compared to other more widespread, closely related species (Stone

1992). Low genetic variability may make it difficult for a species to

respond to changes in the environment and thus places it at greater

risk to extinction or additional range reduction.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by Astragalus desereticus in determining to

propose this rule. Grazing and trampling by ungulates, residential

development, road widening, and naturally occurring events such as fire

variously threaten this species. Based on this evaluation, the

preferred action is to list A. desereticus as threatened. Threatened

status reflects the vulnerability of this species to factors that may

negatively affect the species and its limited habitat. While not in

immediate danger of extinction, A. desereticus is likely to become an

endangered species in the foreseeable future if present threats

continue or increase. Critical habitat is not being proposed for this

species for reasons discussed in the ``Critical Habitat'' section of

this proposal.

ty of this species to factors that may

negatively affect the species and its limited habitat. While not in

immediate danger of extinction, A. desereticus is likely to become an

endangered species in the foreseeable future if present threats

continue or increase. Critical habitat is not being proposed for this

species for reasons discussed in the ``Critical Habitat'' section of

this proposal.

Critical Habitat

Critical habitat is defined in section 3 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 the species at the time it is listed,

upon determination that such areas are essential for the conservation

of the species. ``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 and implementing regulations (50 CFR

424.12) require that, to the maximum extent prudent and determinable,

the Secretary designate critical habitat at the time a species is

determined to be endangered or threatened. Service regulations (50 CFR

424.12(a)(1)) state that 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 Service determines that designation of

critical habitat for

al 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 Service determines that designation of

critical habitat for

Astragalus desereticus is not prudent due to lack of benefit to the

species.

Critical habitat receives consideration under section 7 of the Act

with regard to actions carried out, authorized, or funded by a Federal

agency (see Available Conservation Measures section). As such,

designation of critical habitat may affect activities on Federal lands

and may affect activities on non-Federal lands where such a Federal

nexus exists. Under section 7 of the Act, Federal agencies are required

to ensure that their actions do not jeopardize the continued existence

of a species or result in destruction or adverse modification of

critical habitat. However, both jeopardizing the continued existence of

a species and adverse modification of critical habitat have similar

standards and thus similar thresholds for violation of section 7 of the

Act. In fact, biological opinions that conclude that a Federal agency

action is likely to adversely modify critical habitat but not

jeopardize the species for which the critical habitat has been

designated are extremely rare. Also, the designation of critical

habitat for the purpose of informing Federal agencies of the locations

of Astragalus desereticus habitat is not necessary because the Service

can inform Federal agencies through other means. For these reasons, the

designation of critical habitat for A. desereticus would provide no

additional benefit to the species beyond that conferred by listing, and

therefore, such designation is not prudent

abitat for the purpose of informing Federal agencies of the locations

of Astragalus desereticus habitat is not necessary because the Service

can inform Federal agencies through other means. For these reasons, the

designation of critical habitat for A. desereticus would provide no

additional benefit to the species beyond that conferred by listing, and

therefore, such designation is not prudent.

Astragalus desereticus has an extremely narrow distribution in a

sandstone outcrop, totaling about 120 ha (300 ac) in one population. At

the present time, no other site is known to be occupied by or suitable

for this plant. The private landowners at Birdseye are aware of the

plant's presence and extremely limited habitat, as are the DWR managers

and others involved in management of the area. Therefore, designation

of critical habitat would provide no benefit with respect to

notification. In addition, given the species' narrow distribution and

precarious status, virtually any conceivable adverse effect to the

species' habitat would very likely jeopardize its continued existence.

Designation of critical habitat for A. desereticus would, therefore,

provide no benefit to the species apart from the protection afforded by

listing the plant as threatened.

Protection of the habitat of Astragalus desereticus will be

addressed through the section 4 recovery process and the section 7

consultation process. Although this plant occurs only on private and

State land, it may be affected by projects with Federal connections,

including potential Federal Highway Administration funding of road

widening. The Service believes that activities involving a Federal

action which may affect A. desereticus can be identified without

designating critical habitat, by providing Federal agencies with

information on the location of occupied habitat and information on the

kinds of activities which could affect the species. For the reasons

discussed above, the Service finds that the designation of critical

habitat for A

elieves that activities involving a Federal

action which may affect A. desereticus can be identified without

designating critical habitat, by providing Federal agencies with

information on the location of occupied habitat and information on the

kinds of activities which could affect the species. For the reasons

discussed above, the Service finds that the designation of critical

habitat for A. desereticus is not prudent.

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

practices. Recognition through listing results in public awareness and

conservation actions by Federal, State and local agencies, private

organizations, 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 certain activities

involving listed plants are discussed, in part, below.

Section 7(a) of the Act 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 designated. Regulations implementing this interagency

cooperation provision of the Act are codified at 50 CFR part 402.

Section 7(a)(4) of the Act requires Federal agencies to confer 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

ize 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 may affect a

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service. The single known

population of Astragalus desereticus is on State and privately owned

land. However, highway widening, which could adversely affect A.

desereticus due to the proximity of the plants to the highway, could be

partially funded by the Federal Highway Administration, thereby

providing an avenue for section 7 consultation.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all threatened

plants. All prohibitions of section 9(a)(2) of the Act, implemented by

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 malicious damage or

destruction on 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. Section 4(d) of the Act allows for the provision

of such protection to threatened species through regulation. This

protection may apply to this species in the future if such regulations

are promulgated

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. Section 4(d) of the Act allows for the provision

of such protection to threatened species through regulation. This

protection may apply to this species in the future if such regulations

are promulgated. 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 17.72 also provide for the issuance of permits

to carry out otherwise prohibited activities involving threatened

species under certain circumstances. Such permits are available for

scientific purposes and to enhance the propagation or survival of the

species. For threatened plants, permits are also available for

botanical and horticultural exhibition, educational purposes, or

special reasons consistent with the Act's purposes. With respect to

Astragalus desereticus, it is anticipated that few, if any, trade

permits would be sought or issued, since the species is not common in

the wild and is unknown in cultivation. Requests for copies of the

regulations regarding listed species and inquiries about prohibitions

and permits may be addressed to: Regional Director, U.S. Fish and

Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver,

Colorado 80225.

It is the policy of the Service, published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable

tion. Requests for copies of the

regulations regarding listed species and inquiries about prohibitions

and permits may be addressed to: Regional Director, U.S. Fish and

Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver,

Colorado 80225.

It is the policy of the Service, published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable

those activities that would or would not constitute a violation of

section 9 of the Act if a species is listed. The intent of this policy

is to increase public awareness of the effect of a proposed listing on

proposed and ongoing activities within a species' range. This species

is not located on areas under Federal jurisdiction. Collection, damage,

or destruction of this species on Federal lands is prohibited (although

in appropriate cases a Federal endangered species permit may be issued

to allow collection for scientific or recovery purposes). Such

activities on areas not under Federal jurisdiction would constitute a

violation of section 9 if conducted in knowing violation of State law

or regulations, or in violation of State criminal trespass law. Normal

highway maintenance, fence maintenance, and recreational hunting are

among the activities that would be unlikely to violate section 9.

Questions regarding whether specific activities would constitute a

violation of section 9, should this species be listed, should be

directed to the Field Supervisor, Utah Ecological Services Field Office

(see ADDRESSES section).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and 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. In

particular, comments are sought concerning:

Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and 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. In

particular, comments are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to Astragalus desereticus;

(2) The location of any additional populations of this species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of this species; and

(4) Current or planned activities in the subject area and their

possible impacts on this species.

A final determination of whether to list this species will take

into consideration the comments and any additional information received

by the Service. Such communications may lead to a final decision

document that differs from this proposal.

The Act provides for one or more public hearings on this proposal,

if requested. Requests for hearings must be received within 45 days of

the date of the publication of the proposal in the Federal Register.

Such requests must be made in writing and be addressed to the Field

Supervisor, Utah Ecological Services Field Office (see ADDRESSES

section).

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).

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 17.12(h) by adding the following, in alphabetical

order under Flowering Plants, to the List of Endangered and Threatened

Plants:

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

* * * * * * *

Astragalus desereticus........... Deseret milk-vetch.. U.S.A. (UT)........ Fabaceae........... T ........... NA NA

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: December 30, 1997.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 98-2012 Filed 1-27-98; 8:45 am]

BILLING CODE 4310-55-P