Endangered and Threatened Wildlife and Plants: Proposed Threatened Status for the Plant Yermo xanthocephalus

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF31

Endangered and Threatened Wildlife and Plants: Proposed

Threatened Status for the Plant Yermo xanthocephalus

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service proposes to list the plant Yermo

xanthocephalus (desert yellowhead) as a threatened species pursuant to

the Endangered Species Act of 1973, as amended. Yermo xanthocephalus is

a recently described Wyoming endemic known only from the south end of

Cedar Rim on the summit of Beaver Rim in southern Fremont County,

Wyoming. It is known from a single population occupying an area of less

than two hectares (ha) (five acres (ac)) of suitable habitat. In 1998

this population contained an estimated 15,000 plants and existed

entirely on Federal lands. Surface disturbances associated with oil and

gas development, compaction by vehicles, trampling by livestock, and

randomly occurring, catastrophic events threaten the existing

population.

DATES: Comments from all interested parties must be received by

February 22, 1999. Public hearing requests must be received by February

5, 1999.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, Wyoming Field Office, U.S. Fish and

Wildlife Service, 4000 Airport Parkway, Cheyenne, Wyoming 82001.

Comments and materials received will be available for public

inspection, by appointment,

during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mike Long, Field Supervisor, Wyoming

Field Office (see ADDRESSES section), telephone (307) 772-2374,

extension 34; facsimile (307) 772-2358.

SUPPLEMENTARY INFORMATION:

Background

irport Parkway, Cheyenne, Wyoming 82001.

Comments and materials received will be available for public

inspection, by appointment,

during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mike Long, Field Supervisor, Wyoming

Field Office (see ADDRESSES section), telephone (307) 772-2374,

extension 34; facsimile (307) 772-2358.

SUPPLEMENTARY INFORMATION:

Background

Yermo xanthocephalus was discovered by Wyoming botanist Robert Dorn

while conducting field work in the Beaver Rim area of central Wyoming

in 1990. Dorn discovered a small population of an unusual species of

Composite (Asteraceae). Dorn's closer examination revealed that the

species was unknown to science and represented a new genus. Dorn (1991)

named his discovery Y. xanthocephalus, or literally ``desert

yellowhead.''

Y. xanthocephalus is a tap-rooted, glabrous (hairless) perennial

herb with leafy stems to 30 centimeters (cm) (12 inches (in)) high. The

leathery leaves are alternate, lance-shaped to oval, 4-25 cm (1.5-10

in) long and often folded along the midvein. Leaf edges are smooth or

toothed. Flower heads are many (25-180) and crowded at the top of the

stem. Each head contains four to six yellow disk flowers (ray flowers

are absent) surrounded by five yellow, keeled involucre (whorled)

bracts (small leaves beneath the flower). The pappus (the outer whorl

of flowering parts) consists of many white bristles.

The species is restricted to shallow deflation hollows in outcrops

of Miocene sandstones of the Split Rock Formation (Van Houten 1964).

These wind-excavated hollows accumulate drifting snow and may be more

mesic (moist) than surrounding areas. The vegetation of these sites is

typically sparse, consisting primarily of low-cushion plants and

scattered clumps of Indian ricegrass (Stipa hymenoides).

Dorn observed approximately 500 plants within 1 ha (2.5 ac) in 1990

on Federal surface managed by the Bureau of Land Management (BLM)

hese wind-excavated hollows accumulate drifting snow and may be more

mesic (moist) than surrounding areas. The vegetation of these sites is

typically sparse, consisting primarily of low-cushion plants and

scattered clumps of Indian ricegrass (Stipa hymenoides).

Dorn observed approximately 500 plants within 1 ha (2.5 ac) in 1990

on Federal surface managed by the Bureau of Land Management (BLM).

Surveys conducted since 1990 by Richard Scott, Professor of Biology at

Central Wyoming College in Riverton, have failed to locate additional

populations on outcrops of the White River, Wagon Bed, and Wind River

formations in the Beaver Rim area. The plant population has increased

from 500 in 1990 to an estimated 15,000 plants in 1998, possibly in

response to higher than normal precipitation (R. Scott, Central Wyoming

College, pers. comm., 1998).

Previous Federal Action

In the plant notice of review published on September 30, 1993 (58

FR 51144), we designated Y. xanthocephalus a Category 2 species for

potential listing under the Endangered Species Act (Act) of 1973, as

amended (16 U.S.C. 1531 et seq.). At that time, Category 2 species were

those for which data in our possession indicated listing was possibly

appropriate, but for which substantial data on biological vulnerability

and threats were not currently known or on file to support a proposed

rule. On February 28, 1996, we published a Notice of Review in the

Federal Register (61 FR 7596) that discontinued the designation of

Category 2 species as candidates, and this species was upgraded to

candidate status at that time. A candidate is a species for which we

possess substantial information on biological vulnerability and threats

to support preparation of a listing proposal.

Processing of this proposal is a Tier 2 activity under the current

listing priority guidance (63 FR 25502, May 8, 1998). Tier 1 actions

are emergency listings

as candidates, and this species was upgraded to

candidate status at that time. A candidate is a species for which we

possess substantial information on biological vulnerability and threats

to support preparation of a listing proposal.

Processing of this proposal is a Tier 2 activity under the current

listing priority guidance (63 FR 25502, May 8, 1998). Tier 1 actions

are emergency listings. Tier 2 actions include processing final

decisions on proposed listings; resolving the conservation status of

candidate species; processing administrative findings on petitions; and

delisting or reclassifying actions.

On November 24, 1997, we received a petition from the Biodiversity

Legal Foundation and Biodiversity Associates alleging that Y.

xanthocephalus warranted emergency listing. On December 22, 1997, we

notified the petitioners that emergency listing was not appropriate

because BLM regulations provided some conservation measures for the

species, and current exploratory oil and gas activities near the known

occupied habitat of Y. xanthocephalus were being coordinated with our

staff in the Wyoming Field Office. In addition, we notified the

petitioners that petitions for candidate species are considered second

petitions, because candidate species are species for which we have

already decided that listing is warranted. Therefore, no 90-day finding

was required for Biodiversity Legal Foundation's petition.

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

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

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

xanthocephalus (desert yellowhead) are as follows:

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

of its Habitat or Range:

isions of the Act set forth the procedures

for adding species to the Federal lists. A species may be determined

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

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

xanthocephalus (desert yellowhead) are as follows:

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

of its Habitat or Range:

The entire known range of Y. xanthocephalus consists of an area of

less than two ha (five ac) in southern Fremont County, Wyoming. Surveys

conducted since 1990 have failed to find additional populations,

although there are a number of sites with similar soils, drainage and

plant associations in the area. The plant is easily recognized during

its summer flowering season, so it seems likely that surveys would have

found additional populations if they exist. Therefore, the species is

vulnerable to extinction from even small-scale habitat degradation due

to its small population size and limited geographic range.

The known population is threatened by surface disturbances

associated with recreation, oil and gas development, mineral

extraction, trampling by livestock, and soil compaction by vehicles

(Fertig 1995). Recreational off-road vehicle use presents a threat to

Y. xanthocephalus through the crushing of plants and compaction or

erosion of soil. This threat is greatest in the spring and summer when

plants are in flower or heavy with fruit. No physical barriers prevent

vehicle use in the immediate area of the Y. xanthocephalus population.

The known population is several miles from Wyoming State Highway 135

and other maintained roads. In 1996, Highway 135 had an estimated daily

traffic of 360 vehicles (Wyoming Department of Transportation 1996). A

two-track, four-wheel drive trail leading to an abandoned oil well

bisects the population, and is open to hunters or other recreationists

using four-wheel drive trucks and other smaller all-terrain vehicles

(ATVs)

miles from Wyoming State Highway 135

and other maintained roads. In 1996, Highway 135 had an estimated daily

traffic of 360 vehicles (Wyoming Department of Transportation 1996). A

two-track, four-wheel drive trail leading to an abandoned oil well

bisects the population, and is open to hunters or other recreationists

using four-wheel drive trucks and other smaller all-terrain vehicles

(ATVs). The most common activities that attract users to the area are

hunting, rock collecting and searching for human artifacts (such as

arrowheads). The population is a few miles north of the Sweetwater

Crossing on the Oregon-California Trail, which is a popular tourist

attraction. There has been no significant surface disturbance caused by

vehicles during the past four years that the site has been under study

(R. Scott, pers. comm., 1998). The BLM Resource Management Plan limits

vehicle use to existing roads (including established two-tracks), but

the potential for habitat and plant destruction by ATV's remains a

threat.

Oil and gas development also threaten the known population. In

1997, BLM leased for oil and gas development a 1,160 ac tract

(designated WYW140702) that encompasses the Y. xanthocephalus

population. An adjacent lease (WYW138846) consisting of 2,080 ac was

purchased by the same operator in May 1996. Both leases are for a 10-

year period, and no specific lease stipulations were included to

protect the plant. Construction of well pads, access roads, and

pipelines through occupied habitat would result in direct destruction

or crushing of plants and soil compaction and erosion. The 1920 Mineral

Leasing Act promotes maximum recovery of Federal mineral resources.

However, the 1987 Amendments to the Mineral Leasing Act (30 U.S.C.

226(g)) require lessees to have an approved operating plan that

protects surface resources prior to submitting Applications for

Permission to Drill

itat would result in direct destruction

or crushing of plants and soil compaction and erosion. The 1920 Mineral

Leasing Act promotes maximum recovery of Federal mineral resources.

However, the 1987 Amendments to the Mineral Leasing Act (30 U.S.C.

226(g)) require lessees to have an approved operating plan that

protects surface resources prior to submitting Applications for

Permission to Drill. The BLM regulations provide that species that are

candidates for listing under the Endangered Species Act be afforded

protection.

The current lessee is aware that the plant exists in the area, and

has been very cooperative with BLM staff. The current drilling plan

proposes exploration in locations that should not pose a threat to Y.

xanthocephalus, but the current operator is free to sell its leases to

other companies that could revise the drilling plan. An existing two-

track road leading to an abandoned oil well currently bisects the only

population of Y. xanthocephalus. Redrilling of abandoned wells in

search of producing formations that may have been previously overlooked

is a common technique used during oil and gas exploration. Permits to

drill can be conditioned by BLM to provide some protection to the

plant. However, a greater level of protection would be afforded by

stipulations contained directly in the leases, and such stipulations to

protect the plant cannot be added to the leases until renewal in 2007.

Although the current oil and gas exploratory wells pose no threat

to Y. xanthocephalus, the discovery of an oil and/or gas pool on the

lease areas would precipitate field developments that would introduce

new threats to the plant and its habitat. In-field development could

involve up to eight wells per section, depending on the characteristics

of the producing formations. This intensified drilling activity would

result in a new network of additional roads and well pads, and more

human intrusion into what is now a remote area

lease areas would precipitate field developments that would introduce

new threats to the plant and its habitat. In-field development could

involve up to eight wells per section, depending on the characteristics

of the producing formations. This intensified drilling activity would

result in a new network of additional roads and well pads, and more

human intrusion into what is now a remote area.

Seismic explorations for oil and gas producing formations also

present a threat to Y. xanthocephalus and its habitat through use of

explosives, direct trampling, and soil compaction. However, these

activities were carried out in the lease area during the early 1990s,

so a permit application for further exploration is not likely. In

addition, seismic explorations on BLM surface now require environmental

analysis prior to permitting, and BLM will protect occupied Y.

xanthocephalus habitat from damage if a request for further exploration

is received (J. Kelly, BLM, pers. comm., 1998).

The known Y. xanthocephalus population is located in BLM's Lander

Resource Area, which is rich in locatable mineral resources, such as

gold, copper, and uranium. Private parties can stake a mining claim and

extract locatable minerals in accordance with the 1872 General Mining

Law, and such activity could jeopardize the known population of Y.

xanthocephalus. Zeolites, a locatable mineral with properties useful in

water softening, manufacturing of catalysts, and pollution control, are

found in the Beaver Rim area. The mineral also may have marketability

for use in processes to remove radioactive products from radioactive

wastes (Bureau of Land Management 1986). The BLM's authority to

regulate mineral claims under the 1872 General Mining Law is limited,

although mining activities in areas with five or more acres of surface

disturbance of unpatented BLM land are required to have an approved

operating plan under 43 CFR 3809

e leaves of Y. xanthocephalus contain a

chemical that produces a mild numbing sensation in the human mouth when

even tiny portions are tasted (R. Scott, pers. comm., 1998). This could

indicate potential medicinal qualities that could prove attractive to

pharmaceutical companies, but the potential for this to be a threat to

the existing population is currently unknown.

C. Disease or Predation

Cattle graze in the immediate vicinity of occupied Y.

xanthocephalus habitat, but observation on the site indicate that the

plant is not palatable to grazers. Tracks reveal that domestic and wild

animals grazing the area spit out Y. xanthocephalus leaves and flowers

after tasting (R. Scott, pers. comm., 1998). Predation of Y.

xanthocephalus fruit by insects does occur, but it is unknown whether

or not the extent of current predation differs from historical levels.

Thus, the degree of threat that this factor poses to the species is

unknown.

D. The Inadequacy of Existing Regulatory Mechanisms

The State of Wyoming has no endangered species act or other laws to

provide protection to plant species. The current BLM Lander Resource

Management Plan (RMP), which covers the known population of Y.

xanthocephalus, was approved in 1987, three years prior to the species'

discovery. Therefore, the plan does not specifically mention the

species. The RMP protects special status plant species in general

across the entire Resource Area, and provides no-surface-occupancy

restrictions for threatened and endangered species impacted by oil and

gas development. As Y. xanthocephalus is not currently listed, and no

specific stipulations were included with the current oil and gas

leases, attempts by BLM to restrict activities by imposing conditions

during the application to drill stage are appealable by the operator.

E. Other Natural or Manmade Factors Affecting its Continued Existence

eatened and endangered species impacted by oil and

gas development. As Y. xanthocephalus is not currently listed, and no

specific stipulations were included with the current oil and gas

leases, attempts by BLM to restrict activities by imposing conditions

during the application to drill stage are appealable by the operator.

E. Other Natural or Manmade Factors Affecting its Continued Existence

Species with small population size and restricted distribution are

vulnerable to extinction by natural processes and human disturbance

(Levin et al. 1996). Random events causing population fluctuations or

population extirpations become a serious concern when the number of

individuals or the geographic distribution of the species is very

limited. A single human-caused or natural environmental disturbance

could destroy the entire population of Y. xanthocephalus.

This species occupies an area of less than five acres, and while

the total number of plants known to exist has increased from 500 when

it was discovered in 1990 to an estimated 15,000 in 1998, this increase

may be due to higher than normal precipitation during recent years. The

establishment of this species is episodic and dependent on suitable

spring and summer moisture conditions (Fertig 1995). Seed set in 1990

was characterized as ``almost nil'' due to destruction of achenes

(fruits) by insects and drought (Dorn 1991). A series of drought years

could result in a severe reduction in population size and eventual

extinction.

The species was described by Fertig (1995) as a ``classic `K'

selected species characterized by a long-lived perennial growth form,

adaptation to severe habitats, and low annual reproductive output.''

This low reproductive output makes the species increasingly vulnerable

to extinction due to chance events as population size declines, because

it is unlikely that the species will exhibit a high rate of population

growth, even if environmental conditions improved after such an event

zed by a long-lived perennial growth form,

adaptation to severe habitats, and low annual reproductive output.''

This low reproductive output makes the species increasingly vulnerable

to extinction due to chance events as population size declines, because

it is unlikely that the species will exhibit a high rate of population

growth, even if environmental conditions improved after such an event.

In addition to the above factors, threats to Y. xanthocephalus are

increased when people use the occupied area for recreational purposes.

For example, erosion or trampling of plants is possible due to hikers

or off-road vehicle use. The species occurs on relatively barren sites

with less than 25 percent total vegetative cover, and may be intolerant

of competition (Fertig 1995). Competition from plants not native to the

area would pose a greater threat than competition from species with

which Y. xanthocephalus has evolved. Non-native plants that might

outcompete Y. xanthocephalus could be introduced to the area if their

seeds are carried in on the footwear or clothing of recreationists.

An additional threat that affects Y. xanthocephalus is that posed

by its small population size. Populations of plants that remain very

small for several generations or that have gone through a past episode

of rapid population decline may lose much of their previous genetic

variability (Godt et al. 1996). When a population's genetic variability

falls to low levels, its long term persistence may be jeopardized

because its ability to respond to changing environmental conditions is

reduced. In addition, the potential for inbreeding depression

increases, which means that fertility rates and survival rates of

offspring may decrease. Although environmental and demographic factors

usually supersede genetic factors in threatening species viability,

inbreeding depression and the low genetic diversity may enhance the

probability of extinction of rare plant species (Levin et al. 1996)

. In addition, the potential for inbreeding depression

increases, which means that fertility rates and survival rates of

offspring may decrease. Although environmental and demographic factors

usually supersede genetic factors in threatening species viability,

inbreeding depression and the low genetic diversity may enhance the

probability of extinction of rare plant species (Levin et al. 1996).

We have carefully assessed the best scientific and commercial

information available regarding the past, present, and future threats

to Y. xanthocephalus in determining to issue this proposed rule.

Federal listing under authority of the Act is the best mechanism

currently available to ensure protection to Y. xanthocephalus on public

lands throughout its limited range. Although the population has

increased in recent years, the future existence of the species is still

threatened by potential oil and gas in-field development and by its

extremely limited habitat and population size. Therefore, based on this

evaluation, the preferred action is to list Y. xanthocephalus as a

threatened species, which would provide BLM with a strong legal

obligation to ensure adequate protective measures in the operating

plans for the existing oil and gas leases. While not in immediate

danger of extinction, Y. xanthocephalus is likely to become an

endangered species in the foreseeable future if the threats to the

habitat are realized and if present threats posed by small population

size and limited geographic range continue to exist. We have determined

that threatened status would provide adequate protection from the

described threats. As the species occurs only on Federal surface, a

classification as endangered, if warranted, would provide no additional

level of protection.

Critical Habitat

to the

habitat are realized and if present threats posed by small population

size and limited geographic range continue to exist. We have determined

that threatened status would provide adequate protection from the

described threats. As the species occurs only on Federal surface, a

classification as endangered, if warranted, would provide no additional

level of protection.

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 a species at the time it is listed, upon

a 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, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the 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. We find that

designation of critical habitat is not prudent because it would provide

no additional benefit to the species beyond that conferred by listing

it as threatened and because it may increase the danger of collection

to the species

bitat 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. We find that

designation of critical habitat is not prudent because it would provide

no additional benefit to the species beyond that conferred by listing

it as threatened and because it may increase the danger of collection

to the species. The reasons for this conclusion, including the factors

considered in weighing the benefits against the risks of designation,

are provided below.

Critical habitat receives consideration under section 7 of the Act

with regard to actions carried out, authorized, or funded by the 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. Given the extremely limited range of Y.

xanthocephalus, it is likely that any case of adverse modification of

its habitat would also constitute jeopardy for the taxon.

The designation of critical habitat for the purpose of informing

Federal agencies of the location of occupied Y. xanthocephalus habitat

is not necessary because the BLM currently permits the surveys and

monitoring of the only extant population. However, vandalism and

unauthorized collection of Y.

at any case of adverse modification of

its habitat would also constitute jeopardy for the taxon.

The designation of critical habitat for the purpose of informing

Federal agencies of the location of occupied Y. xanthocephalus habitat

is not necessary because the BLM currently permits the surveys and

monitoring of the only extant population. However, vandalism and

unauthorized collection of Y.

xanthocephalus could be a significant threat to the species' survival

and recovery, because of the plant's rarity and the fact that it is a

monotypic genus. Critical habitat designation would require publication

of the legal description of the five ac habitat site in the Federal

Register, providing information to encourage collectors. The species

has generated little interest in the botanical community, so collecting

of specimens is currently not a threat. However, the plant may have

some medicinal qualities that could elicit the interest of collectors

in the future. Therefore, publication of its exact location could

result in adverse effects to the species in the future.

The Service acknowledges that critical habitat designation, in some

situations, may provide some value to the species by identifying areas

important for species conservation and calling attention to those areas

in special need of protection. Critical habitat designation of

unoccupied habitat may also benefit these species by alerting

permitting agencies to potential sites for reintroduction and allowing

them the opportunity to evaluate proposals that may affect those areas.

However, in this case, the one site where this species exists is well

known by the BLM, and it is not known to have previously existed on any

other sites. If future management actions include unoccupied habitat,

any benefit provided by designation of such habitat as critical would

be conferred more effectively and efficiently through the current

coordination process

t may affect those areas.

However, in this case, the one site where this species exists is well

known by the BLM, and it is not known to have previously existed on any

other sites. If future management actions include unoccupied habitat,

any benefit provided by designation of such habitat as critical would

be conferred more effectively and efficiently through the current

coordination process.

Taking of listed plants is regulated under section 9 of the Act

only in cases of (1) removal and reduction to possession of federally

listed plants from lands under Federal jurisdiction, or their malicious

damage or destruction on such lands; and (2) removal, cutting, digging-

up, or damaging or destroying in knowing violation of any State law or

regulation, including State criminal trespass law. Designation of

critical habitat provides no additional benefits or protection from

potential take beyond those that this species would receive by virtue

of its listing as threatened and likely would increase the degree of

threat from collection, vandalism, or other human activities.

Protection of Y. xanthocephalus will be most effectively addressed

through the recovery process under section 4 and the consultation

process under section 7 of the Act, and the current interagency

coordination processes.

Given all of the above considerations, we find that the designation

of critical habitat for Y. xanthocephalus is not prudent because the

minimal benefits of such designation would be far outweighed by the

increase of threats from over collection or other human activities.

Critical habitat designation would provide no additional benefit to the

species beyond that conferred under sections 7 and 9 of the Act by

listing.

Available Conservation Measures

ignation

of critical habitat for Y. xanthocephalus is not prudent because the

minimal benefits of such designation would be far outweighed by the

increase of threats from over collection or other human activities.

Critical habitat designation would provide no additional benefit to the

species beyond that conferred under sections 7 and 9 of the Act by

listing.

Available Conservation Measures

Conservation measures provided to a 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 encourages and results in

conservation actions by Federal, State, local and private agencies,

groups and individuals. The Act provides for possible land acquisition,

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 impacting

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 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) of the Act requires Federal agencies to confer

informally with us 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 species or to

destroy or adversely modify its critical habitat

rdize 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 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 us.

Thus, the Act will require BLM to evaluate potential impacts to Y.

xanthocephalus that may result from activities it authorizes or

permits, such as oil and gas development, grazing, and recreational

use. The BLM's regulations require protection of candidate species on

lands managed by the agency. However, no special land management

designations or conservation agreements currently exist to provide

special protections for Y. xanthocephalus. Section 43 U.S.C. 1712(c)(3)

allows BLM to protect tracts as Areas of Critical Environmental Concern

(ACEC) to protect surface resources, including candidate, proposed, or

listed species. The habitat for this plant could be considered for ACEC

designation. The BLM has expressed interest in entering into a

Candidate Conservation Agreement with us. The BLM has provided us with

a draft of such a potential Agreement which outlines management,

inventory, and monitoring actions to be taken to ensure the

conservation of this species.

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, apply

as provided us with

a draft of such a potential Agreement which outlines management,

inventory, and monitoring actions to be taken to ensure the

conservation of this species.

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, 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 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 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

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

permits

to carry out otherwise prohibited activities involving 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 the

species is not in cultivation or common in the wild. Requests for

copies of the regulations regarding listed species and inquiries about

prohibitions and permits may be addressed to U.S. Fish and Wildlife

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

Colorado 80225 (telephone (303) 236-7400, Facsimile (303) 236-0027).

We adopted a policy on July 1, 1994, (59 FR 34272) to identify to

the maximum extent practicable at the time a species is proposed for

listing 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 a species' range. We believe that based upon the best

available information, the actions listed below would not result in a

violation of section 9 provided these activities are carried out in

accordance with existing regulation and permit requirements:

(1) Activities authorized, funded, or carried out by Federal

agencies (e.g., grazing management, agricultural conversions, range

management, rodent control, mineral development, road construction,

human recreation, pesticide application, controlled burns) and

construction/maintenance of facilities (e.g., fences, power lines,

pipelines, utility lines) when such activity is conducted according to

any reasonable and prudent measures given by the Service in a

consultation conducted under section 7 of the Act;

sions, range

management, rodent control, mineral development, road construction,

human recreation, pesticide application, controlled burns) and

construction/maintenance of facilities (e.g., fences, power lines,

pipelines, utility lines) when such activity is conducted according to

any reasonable and prudent measures given by the Service in a

consultation conducted under section 7 of the Act;

(2) Casual, dispersed human activities on foot (e.g., bird

watching, sightseeing, photography, and hiking.)

The actions listed below may potentially result in a violation of

section 9; however, possible violations are not limited to these

actions alone:

(1) Unauthorized collecting of the species on Federal Lands;

(2) The unauthorized incidental destruction of Y. xanthocephalus

habitat on Federal surface land (e.g., conversion of habitat to

cropland, road construction, water development, range management,

mineral development, and off-highway vehicle use);

(3) Unauthorized application of herbicides in violation of label

restrictions;

(4) Unauthorized land use activities that would significantly

modify the species' habitat;

(5) Interstate or foreign commerce and import/export without

previously obtaining an appropriate permit. Permits to conduct

activities are available for purposes of scientific research and

enhance of propagation or survival of the species.

Questions regarding whether specific activities, such as changes in

land use, will constitute a violation of section 9 should be directed

to the Wyoming Field Office (see ADDRESSES section).

Public Comments Solicited

We intend that any final action resulting from this proposal be as

accurate and as effective as possible. Therefore, comments or

suggestions from the public, other concerned governmental agencies, the

scientific community, industry, or other interested party concerning

this proposed rule are now solicited.

Comments particularly are sought concerning:

SES section).

Public Comments Solicited

We intend that any final action resulting from this proposal be as

accurate and as effective as possible. Therefore, comments or

suggestions from the public, other concerned governmental agencies, the

scientific community, industry, or other interested party concerning

this proposed rule are now solicited.

Comments particularly are sought concerning:

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

any threat (or lack thereof) to Y. xanthocephalus;

(2) The location of any additional sites that contain Y.

xanthocephalus;

(3) Additional information concerning Y. xanthocephalus

distribution, population size and/or population trend;

(4) Information regarding current or planned land uses, and their

possible beneficial or negative impact to Y. xanthocephalus or its

habitat (e.g., agricultural conversion, oil and gas development, land

exchanges, range management, habitat conservation plans, conservation

easements);

(5) Biological or physical elements that best describe Y.

xanthocephalus habitat that could be important for the conservation of

the species;

(6) Alternative land use practices that will reduce or eliminate

the take of Y. xanthocephalus;

(7) Other management strategies that will conserve the species

throughout its range.

Final promulgation of the regulations on this species will take

into consideration the comments and any additional information received

by the Service, and such communications may lead to a final regulation

that differs from this proposal.

The 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 the Wyoming Field Office (see

ADDRESSES section).

Executive Order 12866 requires each agency to write regulations

that are easy to understand

posal.

The 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 the Wyoming Field Office (see

ADDRESSES section).

Executive Order 12866 requires each agency to write regulations

that are easy to understand. We invite your comments on how to make

this rule easier to understand including answers to questions such as

the following: (1) Are the requirements in the rule clearly stated? (2)

Does the rule contain technical language or jargon that interferes with

its clarity? (3) Does the format of the rule (grouping and order of

sections, use of headings, paragraphing, etc.) aid or reduce its

clarity? (4) Would the rule be easier to understand if it were divided

into more (but shorter) sections? (5) Is the description of the rule in

the ``Supplementary Information'' section of the preamble helpful in

understanding the rule? What else could we do to make the rule easier

to understand?

Send a copy of any comments that concern how we could make this

rule easier to understand to: Office of Regulatory Affairs, Department

of the Interior, room 7229, 1849 C Street, NW, Washington, DC 20240.

You may also e-mail the comments to this address: E[email protected].

Required Determinations

We have 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 concerning

regulations adopted pursuant to section 4(a) of the Act of 1973, as

amended. A notice outlining our reasons for this determination was

published in the Federal Register on October 25, 1983 (48 FR 49244).

This rule does not contain any new collections of information,

other than those associated with permits, already approved under the

Paperwork Reduction Act, 44 U.S.C

t be prepared concerning

regulations adopted pursuant to section 4(a) of the Act of 1973, as

amended. A notice outlining our reasons for this determination was

published in the Federal Register on October 25, 1983 (48 FR 49244).

This rule does not contain any new collections of information,

other than those associated with permits, already approved under the

Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned Office of

Management and Budget clearance number 1018-0094. An agency may not

conduct or sponsor, and a person is not required to respond to a

collection of information, unless it displays a currently valid control

number. For additional information concerning permit and associated

requirements for threatened species, see 50 CFR 17.32.

References Cited

Bureau of Land Management. 1986. Final Resource Management Plan/

Environmental Impact Statement for the Lander Resource Area.

Dorn, R.D. 1991. Y. xanthocephalus (Asteraceae: Senecioneae): A New

genus and Species from Wyoming. Madrono 38(3):198-201.

Fertig, W. 1994. Demographic monitoring Data: Y. xanthocephalus

(Desert yellowhead). Wyoming Natural Diversity Database Report.

University of Wyoming. Laramie, Wyoming.

Fertig, W. 1995. Status Report on Y. xanthocephalus in central

Wyoming. Wyoming Natural Diversity Database Report to the BLM,

Wyoming State Office and Rawlins District. 46 pp.

Godt, M. J. W., B. R. Johnson, and J. L. Hamrick. 1996. Genetic

diversity and population size in four rare southern Appalachian

plant species. Conservation Biology 10:796-805.

t.

University of Wyoming. Laramie, Wyoming.

Fertig, W. 1995. Status Report on Y. xanthocephalus in central

Wyoming. Wyoming Natural Diversity Database Report to the BLM,

Wyoming State Office and Rawlins District. 46 pp.

Godt, M. J. W., B. R. Johnson, and J. L. Hamrick. 1996. Genetic

diversity and population size in four rare southern Appalachian

plant species. Conservation Biology 10:796-805.

Levin, D. A., J. Francisco-Ortega, and R. K. Jansen. 1996.

Hybridization and the extinction of rare plant species. Conservation

Biology 10:10-16.

Love, J.D. 1961. Geological Survey Bulletin 112: Split Rock

Formation (Miocene) and moonstone Formation (Pliocene) in central

Wyoming. Contributions to General Geology. 1-I. United States

Government Printing Office, Washington, D.C.

Van Houten, F.B. 1964. Tertiary Geology of the Beaver Rim Area

Fremont and Natrona counties, Wyoming: Geological Survey Bulletin

1164. United States Government Printing Office, Washington, D.C.

Wyoming Transportation Planning Program. 1996 Vehicle Miles. Wyoming

Department of Transportation, Cheyenne, Wyoming.

Author. The primary author of this proposed rule is Chuck Davis,

U.S. Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center,

Denver, Colorado 80225, (303) 236-7400, extension 235.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulations Promulgation

Accordingly, the Service proposes to amend 50 CFR Part 17, 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 Sec. 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.

* * * * *

he 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 Sec. 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) * * *

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Species

------------------------------------------------------------------ Historic range Status When listed Critical Special

Scientific name Common name habitat rules

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

* * * * * * *

Asteraceae--Composite Family

* * * * * * *

Yermo xanthocephalus.................. Desert yellowhead........ U.S.A. (WY).............. T NA NA

* * * * * * *

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Dated: December 7, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-33857 Filed 12-21-98; 8:45 am]

BILLING CODE 4310-55-P