WAIS Document Retrieval

[Federal Register: March 24, 1998 (Volume 63, Number 56)]
[Proposed Rules]
[Page 14060-14065]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr98-28]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE87

Endangered and Threatened Wildlife and Plants: Proposed
Threatened Status for the Plant Gaura Neomexicana ssp. Coloradensis

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service proposes to list the plant Gaura
neomexicana ssp. coloradensis (Colorado butterfly plant) as a
threatened species pursuant to the Endangered Species Act of 1973, as
amended. Gaura neomexicana ssp. coloradensis is a short-lived,
perennial herb endemic to moist soils in mesic or wet meadows of
floodplain areas in southeastern Wyoming, northcentral Colorado, and
extreme western Nebraska. This early to mid-seral stage species occurs
primarily in habitats created and maintained by streams active within
their floodplains with vegetation that is relatively open and not
overly dense or overgrown. The conversion of areas with native grasses
in riparian areas to agriculture, water diversions, channelization, and
urban development threaten Gaura neomexicana ssp. coloradensis by
changing habitat significantly enough to preclude survival of viable
populations.

DATES: Comments from all interested parties must be received by May 26,
1998. Public hearing requests must be received by May 8, 1998.

ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, 4000
Morrie Avenue, 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;
facsimile 307/772-2358).

SUPPLEMENTARY INFORMATION:

Background

Gaura neomexicana ssp. coloradensis was initially described as
Gaura coloradensis by Rydberg (1904) based on material collected near
Fort Collins, Colorado in 1895. Munz (1938) transferred Gaura
coloradensis to Gaura neomexicana and reduced it to variety
coloradensis. This taxon is now recognized as Gaura neomexicana ssp.
coloradensis (Raven and Gregory 1972).
Little is known about the historical distribution of G. n. ssp.
coloradensis. Prior to 1984, no extensive documentation of the plants'
range had been conducted. The plant was known from several historical
(and presumably extirpated) locations in southeastern Wyoming and at
least four historical (and presumably extirpated) locations in northern
Colorado; and from three extant populations in Laramie County, Wyoming,
and Weld County, Colorado. The total known population size was
estimated in the low hundreds (Dorn 1979).
Intensive range-wide surveys from 1984-1986 resulted in the
discovery or relocation of 22 populations in Wyoming, Colorado, and
Nebraska containing approximately 20,000 flowering individuals
(Marriott 1987). Additional surveys since 1992 have resulted in the
discovery of at least two additional populations in Wyoming and
Colorado (Fertig 1994; Floyd 1995b). However, at least two known
populations in Wyoming and Colorado have not been relocated in recent
years and may no longer be extant (Fertig 1994). The plant is currently
known from 22 populations with a total population as low as 26,000
individuals; however, several of the populations may no longer exist.
All known populations are within a small area in southeastern Wyoming,
western Nebraska, and north-central Colorado. Two of the populations
occur on F.E. Warren Air Force Base; the remaining 20 populations occur
on private or State lands.
Gaura neomexicana ssp. coloradensis is a short-lived, monocarpic
(flowering and bearing fruit only once), perennial herb with one or a
few reddish, pubescent stems that are 50-80 centimeters (2-3 feet)
tall. The lower leaves are lance-shaped with smooth or wavy-toothed
margins and average 5-15 cm (2-6 inches) long, while those on the stem
are smaller and reduced in number. Flowers are arranged in a branched,
elongate inflorescence above the leaves.
Only a few flowers are open at any one time and these are located
below the rounded buds and above the mature fruits. Individual flowers
are 5-14 millimeters (.25-.5 inches) long with four reddish sepals and
four white petals that turn pink or red with age. The hard, nutlike
fruits are 4-angled and sessile (stalkless and attached directly at the
base). Nonflowering plants consist of a stemless, basal rosette of
oblong,

[[Page 14061]]

hairless leaves 3-18 cm (1-7 inches) long (Marriott 1987; Fertig 1994;
Fertig et al. 1994).
Gaura neomexicana ssp. coloradensis occurs on subirrigated,
alluvial soils on level or slightly sloping floodplains and drainage
bottoms at elevations of 1,524-1,951 meters (5,000-6,400 feet).
Colonies are often found in low depressions or along bends in wide,
active, meandering stream channels a short distance upslope of the
actual channel. The plant requires early to mid-seral riparian
habitats. It commonly occurs in communities dominated by Agrostis
stolonifera (redtop) and Poa pratensis (Kentucky bluegrass) on wetter
sites and Glycyrrhiza lepidota (wild licorice), Cirsium flodmanii
(Flodman's thistle), Grindelia squarrosa (curlytop gumweed), and
Equisetum laevigatum (smooth scouring rush) on drier sites. These areas
are usually intermediate in moisture between wet, streamside
communities dominated by sedges, rushes, and cattails, and dry, upland
shortgrass prairie. Typical G. n. ssp. coloradensis habitat is
relatively open without dense or overgrown vegetation. Salix exugua
(sandbar willow) and Cirsium arvense (Canada thistle) may become
dominant in areas of G. n. ssp. coloradensis habitat that are not
periodically flooded or otherwise disturbed. Gaura neomexicana ssp.
coloradensis typically occurs on soils derived from conglomerates,
sandstones, and tuffaceous (compacted volcanic ash) mudstones and
siltstones of the Tertiary White River, Arikaree, and Oglalla
Formations (Love and Christiansen 1985). This type of habitat is not
unusual in eastern Colorado and Wyoming.
Gaura neomexicana ssp. coloradensis is an early successional
species (although probably not a pioneer) adapted to utilize stream
channel sites that are periodically disturbed. Historically, flooding
was probably the main cause of disturbances in the plant's habitat,
although wildfire and grazing also may have been important. Although
flowering and fruiting stems may exhibit increased mortality because of
these events, vegetative rosettes appear to be little affected
(Mountain West Environmental Services 1985). The establishment and
survival of seedlings appears to be enhanced at sites where tall and
dense vegetation has been removed by some form of disturbance. In the
absence of occasional disturbance, the plant's habitat can become
choked out by dense growth of willows, grasses, and exotic plants,
preventing new seedlings from becoming established to replace plants
that have died (Floyd 1995a; Fertig 1996).

Previous Federal Action

The January 9, 1975, report of the Secretary of the Smithsonian
Institution (House Document No. 94-51) contained lists of over 3,000
United States vascular plant taxa (including G. n. ssp. coloradensis)
considered candidates for the list of endangered and threatened species
provided for by the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.). On July 1, 1975, the Service published a
Notice of Review in the Federal Register (40 FR 27823) of its
acceptance of the report of the Smithsonian Institution as a petition
within the context of section 4(c)(2) of the Act. On June 16, 1976, the
Service published a proposed rulemaking in the Federal Register (41 FR
24523) which included G. n. ssp. coloradensis; however, a final rule
for this action was not published. The December 15, 1980, Notice of
Review for Plants (45 FR 82479) included G. n. ssp. coloradensis as a
Category 1 candidate species and retained that status in subsequent
notice of review, published in the Federal Register on September 27,
1985 (50 FR 39526), February 21, 1990 (55 FR 6184), and September 30,
1993 (58 FR 51144). This species was mistakenly left out of the notice
of review published November 28, 1983 (48 FR 53640). On February 28,
1996, the Service published a Notice of Review in the Federal Register
(61 FR 7596) that discontinued the use of different categories of
candidate species. Candidate species are those species for which the
Service has sufficient information on file detailing biological
vulnerability and threats that would support issuance of a proposed
rule, but issuance of the proposed rule is precluded by other listing
actions. Gaura neomexicana ssp. coloradensis was included as a
candidate in the February, 1996, notice of review and retained that
status in the subsequent notice of review, published in the Federal
Register on September 19, 1997 (62 FR 49384). Processing of this
proposal is a Tier 3 activity under the current listing priority
guidance (61 FR 64480, December 5, 1996). The listing priority assigned
to the species in the latter two notices of review was a 3. This
proposal is being published ahead of other species with a higher
listing priority that Region 6 has the lead for because G. n. ssp.
coloradensis is part of the settlement agreement in the Fund for
Animals et al. v. Lujan et al. case (D.D.C. Civ. No. 92-800).
Two populations of G. n. ssp. coloradensis occur on F.E. Warren Air
Force Base, Cheyenne, Wyoming. On January 18, 1982, a Memorandum of
Understanding between the Service and the Base was signed to assure
continued survival of the populations occurring on the Base. The
agreement has been updated and signed several times since 1982. In 1990
a Research Natural Area was established to include all the known
naturally occurring populations on the Base. The most recent Memorandum
of Understanding between the Base, The Nature Conservancy, and the
Service was signed on March 3, 1992. The agreement supported
demographic studies of the G. n. ssp. coloradensis populations on the
Base and provided for ongoing protective efforts. However, the
agreement's duration was 5 years and it has not been revised or
renewed. Discussions between the Service and the Base regarding renewal
of the agreement are ongoing.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act and regulations (50 CFR
part 424) promulgated to implement the listing provisions of the Act
set forth the procedures for adding species to the Federal lists. A
species may be determined endangered or threatened due to one or more
of the five factors described in section 4(a)(1). These factors and
their application to G. n. Woot. ssp. coloradensis (Rydb.) Raven and
Gregory (Colorado butterfly plant) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range

All but two of the currently known populations of G. n. ssp.
coloradensis occur on private or State lands (mostly private) managed
primarily for agriculture. Haying and mowing, water development, land
conversion for cultivation, competition from exotic plants, and loss of
habitat to urban growth are the main threats to the plant on these
lands (Marriott 1987; Fertig 1994). On some sites, including F.E.
Warren Air Force Base, habitat degradation resulting from plant
succession and competition is the main threat to the long-term survival
of populations. High recreational use by campers, motorists, and
fishermen is a threat to populations on State park lands in Nebraska.
Conversion of moist, native grasslands to commercial croplands has
been widespread throughout southeastern Wyoming and northeastern
Colorado (Compton and Hugie 1993). Since many of the agricultural lands
are irrigated

[[Page 14062]]

hay fields, mowing of G. n. ssp. coloradensis habitat for hay
production has been suggested as a potential threat (Jennings et al.
1997). This threat can be significant if cutting occurs before the
plant's fruits have ripened.
Construction of stock ponds and reservoirs has inundated and made
unsuitable some G. n. ssp. coloradensis habitat. The development of
irrigation canals to move water to croplands may remove moisture from
occupied or potentially suitable habitat, leaving it in a drier,
unsuitable condition. Additionally, the management of water resources
for domestic and commercial uses, coupled with encroaching agricultural
land use, has had a tendency to channelize and isolate water resources
and fragment, realign, and reduce riparian and moist lowland habitat
(Compton and Hugie 1993) that could otherwise serve as potential G. n.
ssp. coloradensis habitat.
Residential and urban development around the cities of Cheyenne and
Fort Collins has converted areas of formerly suitable G. n. ssp.
coloradensis habitat. The high rate of development occurring from
Colorado Springs, Colorado, to Cheyenne, Wyoming, has been cited as a
continuing threat to remaining populations of the Preble's meadow
jumping mouse (Zapus hudsonius preblei), a proposed endangered species
that also occurs in riparian habitats and whose historic range overlaps
much of that of G. n. ssp. coloradensis (62 FR 14093, March 25, 1997).
In nonagricultural, undeveloped areas, a significant threat to G.
n. ssp. coloradensis populations is from habitat changes resulting from
natural succession of the plant community. Without periodic disturbance
events, the semi-open habitats preferred by this species can become
choked by tall and dense growth of willows, graminoids (grasses), and
exotic weeds (Fertig 1994). Natural disturbances, such as flooding,
fire, and ungulate grazing, have been sufficient in the past to create
favorable habitat conditions for the plant. The natural flooding regime
within the species floodplain habitat has been altered by construction
of flood control structures and by irrigation and channelization
practices. In the absence of such natural disturbances today, managed
disturbance may be necessary to maintain and create areas of habitat
(Fertig 1994; 1996). However, many Federal programs, such as those
administered by the Natural Resources Conservation Service, focus on
enhancing/protecting riparian areas by removing the types of
disturbance the plant needs and pushing the habitat into later
successional stages.

B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

Gaura neomexicana ssp. coloradensis is vulnerable to overcollecting
conducted for scientific or educational purposes. However, no known
commercial or recreational threats exist at this time.

C. Disease or Predation

There are no known diseases affecting G. n. ssp. coloradensis
populations, although the species is occasionally affected by insect
galls. Gaura neomexicana ssp. coloradensis is highly palatable to a
variety of insect and mammalian herbivores (cattle, horses, antelope
(Antilocapra americana), etc.), but appears to compensate for herbivory
by increasing branch and fruit production. Livestock grazing can be a
threat at some sites, especially when animals are not rotated or use is
concentrated during the summer flowering period. Additionally, plants
are occasionally uprooted or trampled by livestock and wildlife grazing
in the vicinity. In at least one location where a population of G. n.
ssp. coloradensis is divided by a fence, the heavily grazed side of the
fence had no plants (James L. Miller, U.S. Fish and Wildlife Service,
in litt. 1987). Observations have shown that the plant can persist and
thrive in habitats that are winter grazed or managed on a short-term
rotation cycle (Jennings et al. 1997). Although the butterfly plant
itself may be grazed (it appears quite palatable to a wide range of
herbivores), the reduction of competing vegetative cover allows
seedlings to become more readily established.

D. The Inadequacy of Existing Regulatory Mechanisms

No Federal or State laws or regulations directly protect G. n. ssp.
coloradensis or its habitat. Gaura neomexicana ssp. coloradensis is
listed as Sensitive by the U.S. Forest Service, although no populations
are currently known from Forest Service lands (D. Hazlett, Plants and
People Consulting, pers. comm, 1994).

E. Other Natural or Manmade Factors Affecting Its Continued Existence

The most serious threat on agricultural lands is indiscriminate use
of broadleaf herbicides for the control of Canada thistle, leafy spurge
(Euphorbia esula), and other exotic plants (Marriott 1987). The noxious
weed problem in Laramie county, Wyoming, is particularly evident on
F.E. Warren Air Force Base. Although competition from these species may
have serious negative implications for populations of G. n. ssp.
coloradensis, observations have indicated that the plant is highly
susceptible to commonly used herbicides when they are applied
indiscriminately. In 1983 nearly one-half of the mapped populations on
F.E. Warren Air Force Base were inadvertently destroyed when sprayed
with Tordon, a persistent herbicide. Additionally, herbicide use along
road crossings in and adjacent to G. n. ssp. coloradensis populations
has also been noted (James L. Miller, U.S. Fish and Wildlife Service,
in litt. 1987). Biological control agents have been used at F.E. Warren
Air Force Base, but have not been effective in controlling Canada
thistle or leafy spurge.
In order for a population to sustain itself, there must be enough
reproducing individuals and appropriate habitats to ensure its
survival. It is not known if the scattered populations of G. n. ssp.
coloradensis contain sufficient individuals and diversity to ensure
their continued existence over the long term.
The most recent survey information for the known populations of G.
n. ssp. coloradensis shows that only four large populations (with at
least 3,000 or more individuals) currently exist. Only one of these
occur on Federal lands. Eight populations (one of them occurring on
Federal lands) are moderately sized, containing between 500 and 1,200
individuals. The remaining 10 populations are smaller, with six of
these having less than 100 individuals. The danger to these small
populations is from a reduction in vigor and fecundity (often evidenced
by reduced seed set) as random genetic changes occur and genetic
variability is lost as a result of inbreeding which is inevitable in
small populations (Ehrlich 1981; Ledig 1986). Because of the small,
isolated nature of the populations and the few individuals present in
most of them, G. n. ssp. coloradensis also is more susceptible to
random events, such as fires, insect, or disease outbreaks or other
random events that can more easily cause the extirpation of a small
population.
Although the plant evolved with and even depended upon the
disturbance associated with these events, natural events, such as
floods and fire, may now pose a threat to G. n. ssp. coloradensis.
Individual plants may not survive such events, and because of low
numbers and the now highly restricted range of the species, such events
do pose a threat. A flood in 1983 along Crow Creek destroyed several
populations and experimental seed plots established in

[[Page 14063]]

1981 (U.S. Fish and Wildlife Service, in litt. 1984.)
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats to G. n. ssp. coloradensis in determining to issue this
proposed rule. Based on this evaluation, the preferred action is to
list G. n. ssp. coloradensis as threatened. While not in immediate
danger of extinction, G. n. ssp. coloradensis is likely to become an
endangered species in the foreseeable future if the present threats and
declines continue. Federal listing under authority of the Act is the
only mechanism the Service can presently identify that ensures
protection to G. n. ssp. coloradensis throughout its limited range.
Although destruction or modification of its habitat is a significant
threat to G. n. ssp. coloradensis, the Service has found critical
habitat is not prudent (see CRITICAL HABITAT section).

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. The Service finds that
designation of critical habitat is not prudent for G. n. ssp.
coloradensis.
Designation of critical habitat would not benefit G. n. ssp.
coloradensis because all but two of the known populations occur on non-
Federal lands where Federal involvement in land-use activities does not
generally occur. Federal activities would be subject to review under
section 7(a)(2) of the Act, whether or not critical habitat was
designated. 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 a listed species or to destroy or
adversely modify its critical habitat. Prohibitions of adverse
modification to critical habitat would only be realized if a Federal
nexus existed, situations anticipated to be rare in the range of G. n.
ssp. coloradensis. Any Federal action which would destroy or adversely
modify the habitat of the few remaining populations of the species
would also likely jeopardize its continued existence. Therefore,
habitat protection from Federal actions can be accomplished through the
section 7 jeopardy standard.
Additionally, the publication of critical habitat descriptions and
maps required in a proposal for critical habitat could increase the
degree of threat from possible take or vandalism and, therefore,
contribute to the species' decline. Populations exist in small areas
and are vulnerable to stochastic extinction. The listing of this plant
as threatened publicizes the rarity of the taxa and can make it
attractive to researchers, curiosity seekers, or collectors of rare
plants. The Service determines that any potential benefits beyond those
afforded by listing, when weighted against the negative impacts of
disclosing site-specific population locations, does not yield an
overall benefit and is, therefore, not prudent. The overall habitat
protection and conservation of this species would be best implemented
by the recovery process and section 7 provisions of the Act (see
AVAILABLE CONSERVATION MEASURES section).

Available Conservation Measures

The Nebraska State Arboretum is currently maintaining a seed bank
of G. n. ssp. coloradensis collected from sites along Lodgepole Creek
in Nebraska (J. Locklear, Nebraska State Arboretum, pers. comm.).
Additional seed has been collected by the Natural Resources
Conservation Service for deposit at the Bridger Plant Materials Center
in Montana.
Habitat along Crow and Diamond Creeks on F.E. Warren Air Force Base
has been designated as the Colorado Butterfly Plant Research Natural
Area dedicated to the protection of the largest known population of G.
n. ssp. coloradensis, and a management plan has been developed
(Marriott and Jones 1988). Two large populations of G. n. ssp.
coloradensis occur within the Colorado Butterfly Plant Research Natural
Area. Under various memoranda of understanding and cooperative
agreements with the Service and The Nature Conservancy, the Air Force
has been conducting conservation activities to this species since 1982.
However, the most recent Memorandum of Understanding with the Base
expired in March 1997. Additionally, all agreements with the Base
regarding the plant can be unilaterally terminated by the Air Force at
any time for reasons of national defense. The Base is currently
developing a weed-control program to improve and maintain G. n. ssp.
coloradensis habitat in cooperation with scientists from The Nature
Conservancy and the University of Wyoming.
In 1983 a population of G. n. ssp. coloradensis was introduced on
the Chambers Preserve near Boulder, Colorado. Although several private
landowners with natural populations of the plant have expressed
interest in pursuing conservation projects, none are currently in
place.
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation actions by Federal, State, and local agencies, private
organizations, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
actions be carried out for all listed species. The protection required
of Federal agencies and the prohibitions against certain activities
involving listed plants are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation of the Act are codified at 50 CFR part 402.
Section 7(a)(4) requires Federal agencies to confer with the Service on
any action that is likely to jeopardize the continued existence of a
species proposed for listing 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

[[Page 14064]]

existence of the species or destroy or adversely modify its critical
habitat. If a Federal action may affect a listed species or its
critical habitat, the responsible Federal agency must enter into formal
consultation with the Service.
The 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 species
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). Information
collections associated with these permits are approved under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned Office of
Management and Budget clearance number 1018-0094. For additional
information concerning these permits and associated requirements, see
50 CFR 17.22.
The Service 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. The Service
believes that, based upon the best available information, the following
actions will not result in a violation of section 9, provided these
activities are carried out in accordance with existing regulations and
permit requirements:

(1) Activities authorized, funded, or carried out by Federal
agencies (e.g., grazing management, agricultural conversions, land
use activities that would significantly modify the species' habitat,
wetland and riparian habitat modification, flood and erosion
control, housing development, recreational trail development, road
and dam construction, pesticide/herbicide application, pipelines or
utility line crossing suitable habitat and military maneuvers and
training) when such activity is conducted in accordance with any
reasonable and prudent measures given by the Service according to
section 7 of the Act; or when such activity does not alter the
hydrology or habitat supporting the plant.
(2) Casual, dispersed human activities on foot or horseback
(e.g., waterfowl hunting, bird watching, sightseeing, photography,
camping and hiking).
(3) Activities on private lands (without Federal funding or
involvement), such as grazing management, agricultural conversions,
wetland and riparian habitat modification (not including filling of
wetlands), flood and erosion control, housing development, road and
dam construction, pesticide/herbicide application, pipelines or
utility line crossing suitable habitat.

The Service believes that the actions listed below might
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) Application of herbicides violating label restrictions;
(3) 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
enhancement 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 Supervisor (see ADDRESSES section).

Public Comments Solicited

The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat pursuant to section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size or trend of this species;
(4) Current or planned activities in the subject area and their
possible impacts on this species;
(5) Biological or physical elements that best describe G. n. ssp.
coloradensis habitat that could be essential for the conservation of
the species;
(6) Information regarding genetic differences and similarities
within and between populations of G. n. ssp. coloradensis;
(7) Possible alternative noxious weed control, grazing, farming,
and water management practices that will reduce or eliminate impacts to
G. n. ssp. coloradensis; and,
(8) Other management strategies that will conserve the species
throughout its range.
Final promulgation of the regulation(s) 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 Endangered Species Act provides for one or more public hearings
on this proposal, if requested. Requests must be received within 45
days of the date of publication of the proposal in the Federal
Register. Such requests must be made in writing and be addressed to the
Wyoming Field Supervisor, see ADDRESSES section.

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be

[[Page 14065]]

prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

This rule does not contain collections of information that require
approval by the OMB under 44 U.S.C. 3501 et seq.

References Cited

A complete list of all references cited herein, as well as others,
is available upon request from the Wyoming Field Office (see ADDRESSES
section).
Author: The primary author of this document is Mary Jennings of the
Wyoming Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend Sec. 17.12(h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the List of Endangered and Threatened
Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants

* * * * * * *
Gaura neomexicana ssp. Colorado butterfly USA (CO,NE,WY)..... Onagraceae......... T ........... NA NA
coloradensis. plant.

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

Dated: March 6, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-7479 Filed 3-23-98; 8:45 am]
BILLING CODE 4310-55-U