# 63 FR 70745: Endangered and Threatened Wildlife and Plants: Proposed Threatened Status for the Plant Yermo xanthocephalus

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URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-33857

## Section

- **Citation:** 63 FR 70745
- **Heading:** Endangered and Threatened Wildlife and Plants: Proposed Threatened Status for the Plant Yermo xanthocephalus
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 63 / 63 FR 70745

## Text

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) * * *

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

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-33857. Check the current official text before relying on it. Not legal advice.