Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fender's Blue Butterfly (Icaricia icarioides fenderi, 66492-66599 [05-21333]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Proposed Rules]
[Pages 66492-66599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21333]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for the Fender's Blue Butterfly (Icaricia icarioides fenderi), 
Lupinus sulphureus ssp. kincaidii (Kincaid's Lupine), and Erigeron 
decumbens var. decumbens (Willamette Daisy); Proposed Rule

Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AT91


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Fender's Blue Butterfly (Icaricia icarioides 
fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's Lupine), and 
Erigeron decumbens var. decumbens (Willamette Daisy).

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat for the Fender's blue butterfly (Icaricia 
icarioides fenderi), and two plants, Lupinus sulphureus ssp. kincaidii 
(Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette 
daisy) pursuant to the Endangered Species Act of 1973, as amended 
(Act). We are proposing to designate 3,089 acres (ac) (1,250 hectares 
(ha) as critical habitat for Fender's blue butterfly, 724 ac (293 ha) 
as critical habitat for L. sulphureus ssp. kincaidii, and 718 ac (291 
ha) as critical habitat for E. decumbens var. decumbens. The proposed 
critical habitat is located in Polk, Benton, Yamhill, Lane, Marion, 
Linn, and Douglas Counties, Oregon, and Lewis County, Washington.

DATES: We will accept comments from all interested parties until 
January 3, 2006. We must receive requests for public hearings, in 
writing, at the address shown in the ADDRESSES section by December 19, 
2005.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    (1) You may submit written comments and information to Kemper 
McMaster, Field Supervisor, U.S. Fish and Wildlife Service, Oregon Fish 
and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 
97266.
    (2) You may hand-deliver written comments to our Office, at the 
above address.
    (3) You may send comments by electronic mail (e-mail) to 
fw1willamettech@fws.gov. Please see the Public Comments Solicited 
section below for file format and other information about electronic 
filing.
    (4) You may fax your comments to 503/231-6195.
    Comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours (see address above) (telephone 503/231-6179).

FOR FURTHER INFORMATION CONTACT: Kemper McMaster, Field Supervisor, 
U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 
SE 98th Avenue, Suite 100, Portland, OR 97266 (telephone 503/231-6179; 
facsimile 503/231-6195).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We intend 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) The reasons any habitat should or should not be determined to 
be critical habitat as provided by section 4 of the Act, including 
whether the benefit of designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the Fender's blue butterfly, Lupinus 
sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens and 
its habitat, and which habitat or habitat components (i.e., physical 
and biological features) are essential to the conservation such as soil 
moisture gradient, microsite preferences, light requirements;
    (3) Specific information on the amount and distribution of the 
Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron 
decumbens var. decumbens habitat; what areas should be included in the 
designations that were occupied at the time of listing and contain the 
features that are essential to the conservation of the species and why; 
specific information is also sought on what areas that were not 
occupied at the time of listing are essential to the conservation of 
the species and why;
    (4) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat; 
we specifically solicit information including:
    (a) The benefits provided by a management plan; specifically 
describe how the plan addresses each primary constituent element (PCE) 
in the absence of designated critical habitat; describe conservation 
benefits to Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii 
or Erigeron decumbens var. decumbens; include citations that point to 
the certainity of implementation of those aspects of the management 
plans (see the Special Management Considerations or Protections section 
below);
    (b) The benefits of excluding from the critical habitat designation 
the areas covered by the plan; we are especially interested in knowing 
how partnerships may be positively or negatively affected by a 
designation, or through exclusion from critical habitat, and costs 
associated with designation;
    (c) With specific reference to the recent amendments to sections 
4(a)(3) and 4(b)(2) of the Act, we request information from the 
Department of Defense to assist the Secretary of the Interior in making 
a determination as to whether to exclude critical habitat on lands 
administered by or under the control of the Department of Defense based 
on the benefit of an Integrated Natural Resources Management Plan 
(INRMP) to the conservation of the species;
    (5) Any foreseeable economic, national security, or other potential 
impacts resulting from the proposed designation and, in particular, any 
impacts on small entities; and
    (6) Whether our approach to designating critical habitat could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concerns and comments.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES 
section). Please submit Internet comments to fw1willamettech@fws.gov in 
ASCII file format and avoid the use of special characters or any form 
of encryption. Please also include ``RIN 1018-AT91'' in your e-mail 
subject header and your name and return address in the body of your 
message. If you do not receive a confirmation from the system that we 
have received your Internet message, contact us directly (see 
ADDRESSES). Please note that the Internet address 
fw1willamettech@fws.gov will be unavailable at the termination of the 
public comment period.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home addresses from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the

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rulemaking record a respondent's identity, as allowable by law. If you 
wish us to withhold your name and/or address, you must state this 
prominently at the beginning of your comments. However, we will not 
consider anonymous comments. We will make all submissions from 
organizations or businesses, and from individuals identifying 
themselves as representatives or officials of organizations or 
businesses, available for public inspection in their entirety. Comments 
and materials received will be available for public inspection, by 
appointment, during normal business hours at the above address.

Designation of Critical Habitat Provides Little Additional Protection 
to Species

    In 30 years of implementing the Act, the Service has found that the 
designation of statutory critical habitat provides little additional 
protection to most listed species, while consuming significant amounts 
of available conservation resources. The Service's present system for 
designating critical habitat has evolved since its original statutory 
prescription into a process that provides little real conservation 
benefit, is driven by litigation and the courts rather than biology, 
limits our ability to fully evaluate the science involved, consumes 
enormous agency resources, and imposes huge social and economic costs. 
The Service believes that additional agency discretion would allow our 
focus to return to those actions that provide the greatest benefit to 
the species most in need of protection.

Role of Critical Habitat in Actual Practice of Administering and 
Implementing the Act

    While attention to and protection of habitat is paramount to 
successful conservation actions, we have consistently found that, in 
most circumstances, the designation of critical habitat is of little 
additional value for most listed species, yet it consumes large amounts 
of conservation resources. Sidle (1987) stated, ``Because the Act can 
protect species with and without critical habitat designation, critical 
habitat designation may be redundant to the other consultation 
requirements of section 7.'' Currently, only 470 species or 37.5 
percent of the 1,253 listed species in the U.S. under the jurisdiction 
of the Service have designated critical habitat.
    We address the habitat needs of all 1,253 listed species through 
conservation mechanisms such as listing, section 7 consultations, the 
Section 4 recovery planning process, the Section 9 protective 
prohibitions of unauthorized take, Section 6 funding to the States, and 
the Section 10 incidental take permit process. The Service believes 
that it is these measures that may make the difference between 
conservation for many species.
    We note, however, that a recent Ninth Circuit judicial opinion, 
Gifford Pinchot Task Force v. United States Fish and Wildlife Service, 
has invalidated the Service's regulation defining destruction or 
adverse modification of critical habitat. In response, on December 9, 
2004, the Director issued guidance to be considered in making section 7 
adverse modification determinations. This critical habitat designation 
does not use the invalidated regulation in our consideration of 
critical habitat's benefits. The Service will carefully manage 
consultations that analyze impacts to designated critical habitat, 
particularly those that appear to be resulting in an adverse 
modification determination. Such consultations will be reviewed by the 
Regional Office prior to finalizing to ensure that an adequate analysis 
has been conducted that is informed by the Director's guidelines.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits for our failure to designate 
critical habitat, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected the Service to an ever-increasing series of court orders and 
court-approved settlement agreements, compliance with which now 
consumes nearly the entire listing program budget. This leaves the 
Service with little ability to prioritize its activities to direct 
scarce listing resources to the listing program actions with the most 
biologically urgent species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits, to respond to 
Notices of Intent (NOIs) to sue relative to critical habitat, and to 
comply with the growing number of adverse court orders. As a result, 
listing petition responses, the Service's own proposals to list 
critically imperiled species, and final listing determinations on 
existing proposals are all significantly delayed.
    The accelerated schedules of court ordered designations have left 
the Service with almost no ability to provide for adequate public 
participation or to ensure a defect-free rulemaking process before 
making decisions on listing and critical habitat proposals due to the 
risks associated with noncompliance with judicially-imposed deadlines. 
This in turn fosters a second round of litigation in which those who 
fear adverse impacts from critical habitat designations challenge those 
designations. The cycle of litigation appears endless, is very 
expensive, and in the final analysis provides relatively little 
additional protection to listed species.
    The costs resulting from the designation include legal costs, the 
cost of preparation and publication of the designation, the analysis of 
the economic effects and the cost of requesting and responding to 
public comment, and in some cases the costs of compliance with the 
National Environmental Policy Act (NEPA). None of these costs result in 
any benefit to the species that is not already afforded by the 
protections of the Act enumerated earlier, and they directly reduce the 
funds available for direct and tangible conservation actions.

Background

    It is our intent to discuss those topics directly relevant to the 
designation of critical habitat in this proposed rule. For more 
information on the Fender's blue butterfly, Lupinus sulphureus ssp. 
kincaidii and Erigeron decumbens var. decumbens, refer to the final 
listing rule published in the Federal Register on January 25, 2000 (65 
FR 3875). Provided below is a general overview of the habitat 
requirements and distribution of Fender's blue butterfly, L. sulphureus 
ssp. kincaidii and E. decumbens var. decumbens.
    These species occur in wet prairie, upland prairie, and oak/savanna 
habitats (collectively referred to as prairie habitat) which were once 
widely distributed across western Oregon and southwestern Washington 
(Clark 1996; Schultz et al. 2003; Wilson et al. 2003). Various 
descriptions of prairie habitats have been published over the years and 
they usually vary in their division of communities and the dominant 
species present in each community (Jackson 1996). For the purposes of 
this document we describe two habitat types, wet and upland prairie, 
and we define these by describing the plant communities reported co-
occuring with the Fender's blue butterfly, Lupinus sulphureus ssp. 
kincaidii and Erigeron decumbens var. decumbens. Upland prairie 
(including oak savanna) habitat is characterized by short-grass stature 
which is dominated by native bunch grasses and forbs, such as: 
Calochortus tolmiei (Cat's ear, Tolmie star-tulip), Danthonia 
californica (California oatgrass), Eriophyllum lanatum (common woolly 
sunflower, Oregon

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sunshine), Festuca romeri (Romer's fescue), and Fragaria virginiana 
(Virginia strawberry) (Wilson 1998a; Schultz et al. 2003; Wilson et al. 
2003). Wet prairies are seasonally flooded ecosystems occurring on both 
poorly drained soil types and well-drained soils where shallow bedrock 
impedes drainage (Wilson 1998b). Although wet prairie soils dry-out 
during typical summer droughts, they have soils with hydric 
characteristics that support facultative or obligate wetland plant 
species (Wilson 1998b) such as, Anthoxanthum odoratum (sweet 
vernalgrass), Deschampsia caespitosa (tufted hairgrass), Eriophyllum 
lanatum, and Lomatium bradshawii (Bradshaw's lomatium) (Clark et al. 
1993; Wilson 1998b). The Fender's blue butterfly, Lupinus sulphureus 
ssp. kincaidii and Erigeron decumbens var. decumbens, occur in prairie 
remnants with undisturbed (not disturbed in the last 10 years) subsoils 
(the layer of soil between the topsoil and bedrock) (Kagen and Yamamota 
1987; USFWS 2003a; USFWS 2004a, 2004b).
    Prairie habitat has been reduced to less than one percent of pre-
settlement distribution (Hammond and Wilson 1993), making the ecosystem 
among the most endangered in the United States (Noss et al. 1995). The 
decline in these habitats and their increased fragmentation have led to 
the decline of many native prairie plants and animals (Wilson 1998a, 
1998b). The most noteworthy decline was that of Fender's blue 
butterfly, which was thought to be extinct for over 50 years before 
being rediscovered in Benton County, Oregon in the late 1980s (Schultz 
et al. 2003; Wilson et al. 2003).
    Historically, prairie plant species, such as Lupinus sulphureus 
ssp. kincaidii and Erigeron decumbens var. decumbens, were scattered 
across the landscape in patches which were relatively close to each 
other (Jackson 1996; Schultz 1998; Severns 2003a). Today, few prairie 
habitat patches remain and most are threatened to varying degrees by 
the spread of exotic grasses and shrubs, and succession to forest 
(Hammond and Wilson 1993; Schultz et al. 2003; Wilson et al. 2003). As 
a result, many of the remaining populations of Fender's blue butterfly, 
L. sulphureus ssp. kincaidii, and E. decumbens var. decumbens are 
extremely small and isolated, further threatening the long-term 
persistence of these species (Jackson 1996; Schultz 1998; Schultz and 
Hammond 2003; Severns 2003a; Schultz et al. 2003).

Fender's blue butterfly and Lupinus sulphureus ssp. kincaidii

    The Fender's blue butterfly and Lupinus sulphureus ssp. kincaidii 
populations occur on early seral (one stage in a sequential 
progression) upland prairie habitat with plant species including, but 
not limited to: Achillea millefolium (common yarrow), Aster hallii 
(Hall's aster), Brodiaea congesta (Brodiaea), Bromus carinatus 
(California brome), Calochortus tolmiei, Carex tumulicola (splitawn 
sedge), Cirsium callilepis (fewleaf thistle), Danthonia californica, 
Elymus glaucus (blue wildrye), Eriophyllum lanatum, Festuca californica 
(California fescue), Festuca roemeri, Fragaria virginiana, Geranium 
oreganum (Oregon geranium), Grindelia integrifolia (gumweed), Lomatium 
nudicaule (barestemmed desert parsley), Luzula campestris (wood rush), 
Prunella vulgaris (common selfheal), Sanicula crassicaulis (Pacific 
blacksnakeroot), Sidalcea virgata (rose checkermallow and dwarf 
checkerbloom), Silene hookeri (Hooker's silene), and Wyethia 
angustifolia (California compassplant). Many of these associated 
species are considered indicators for this habitat type (Schultz and 
Dlugosch 1999; Schultz 2001; Schultz et al. 2003; Wilson et al. 2003).
    L. sulphureus ssp. kincaidii habitat is described as prairie or 
open areas, and this species is unable to survive prolonged periods of 
shade (Wilson et al. 2003). This plant is a low-growing herbaceous 
perennial with large individual plant clones (Wilson et al. 2003). 
Excavation efforts indicate that leaves 33 feet (10 m) or more apart 
can be interconnected by below ground stems, and the species is long-
lived with lateral growth rates suggesting that some plants could be 
several decades old (Wilson et al. 2003). L. sulphureus ssp. kincaidii 
clones are scattered in patches across the prairie habitat and 
intermixed with several other prairie-associated plant species.
    Lupinus sulphureus ssp. kincaidii is the primary host plant for the 
Fender's blue butterfly and is utilized by the butterfly as a larval 
food source and for oviposition (laying eggs) (Schultz et al. 2003; 
Wilson et al. 2003). The Fender's blue butterfly habitat requirements 
include a larval host plant, native forbs for adult nectar sources, and 
a mixture of native grasses that help maintain the short-grass stature 
of the upland prairies (Wilson et al. 1997; Schultz 2001) essential to 
the survival of these shade intolerant species (Wilson et al. 2003). 
Full sun conditions are necessary for adult butterflies to seek out 
nectar, search for a mate and disperse. The Fender's blue butterfly 
appears to have limited dispersal ability with most dispersing adults 
likely remaining within 1.2 miles (2 km) of their natal lupine patch 
(Schultz 1998). The maximum dispersal distance reported for the 
Fender's blue butterfly is 3.1 to 3.7 miles (5 to 6 km) (Hammond and 
Wilson 1992; Schultz 1998).
    To simplify mapping efforts, Fender's blue butterfly occupancy has 
typically been recorded by simply reporting the location of occupied 
lupine patches (Schultz and Dlugosch 1999; Schultz 2001; Schultz et al. 
2003). Adult butterflies utilize a variety of prairie species in 
addition to the lupine habitat. Species occurrence information reported 
in the final listing rule was calculated by reporting the estimated 
area covered by the lupine, which considerably under-estimates the 
range of Fender's blue butterfly adults. For this proposed critical 
habitat designation, we have identified and report all known prairie 
habitat supporting Fender's blue butterfly populations, regardless of 
the presence or absence of lupine.
    Fender's blue butterfly is currently found in 16 isolated 
populations comprising a total of approximately 3,388 ac (1,370 ha) of 
upland prairie habitat. The prairie habitat currently supporting this 
species is found in Yamhill, Polk, Benton, and Lane Counties, Oregon. 
Lupinus sulphureus ssp. kincaidii occurs in 76 upland prairie/savanna 
habitat patches, totaling approximately 1,150 ac (465 ha). The prairie 
habitat supporting this species is scattered across six counties (Lewis 
County, Washington, and Yamhill, Polk, Benton, Lane, and Douglas 
Counties, Oregon).

Erigeron decumbens var. decumbens

    Erigeron decumbens var. decumbens grows in wet prairies occurring 
on relatively impermeable soils with plant species including, but not 
limited to: Anthoxanthum odoratum, Aster curtus (white-top aster), 
Aster hallii (Hall's aster), Brodiaea coronaria (crown brodiaea), 
Camassia quamash (common camas), Danthonia californica (California 
oatgrass), Deschampsia caespitosa, Festuca arundinacea (tall fescue), 
Grindelia integrifolia (gumweed), Holcus lanatus (velvet grass), 
Horkelia congesta (Sierra horkelia), Saxifraga integrifolia (bog 
saxifrag), Lomatium bradshawii, Luzula campestris (wood rush), Panicum 
capillare (witchgrass), Potentilla gracilis (slender cinquefoil), 
Prunella vulgaris (common selfheal) and Sisyrinchium angustifolium 
(narrowleaf blue-eyed grass) (Clark et al. 1993; Clark et al.

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1995a, 1995b; Jackson 1996; Clark 2000). Erigeron decumbens var. 
decumbens also grows in upland prairies as previously described (Clark 
et al. 1993; Clark et al. 1995a; Jackson 1996; Clark 2000).
    Erigeron decumbens var. decumbens typically occurs where woody 
cover is nearly absent and where herbaceous vegetation cover is low in 
stature relative to the surrounding areas (Clark et al. 1993). Erigeron 
decumbens var. decumbens is a low growing (6-24 inches (15-60 cm) 
herbaceous perennial occurring in clumps of genetically identical 
ramets (i.e., a vegetatively reproduced copy of the parent plant) that 
are typically patchy in distribution across the prairie habitat (Clark 
et al. 1993). These plants are intermixed with several associated 
species which are considered indicator species for the prairie habitat 
(Clark et al. 1993).
    Erigeron decumbens var. decumbens occurs in 32 wet and upland 
prairie patches, totaling 1,193 ac (483 ha). This species currently 
occurs in Benton, Lane, Linn, Marion, and Polk Counties, Oregon.
    The historic wide spread distribution of continuous prairie habitat 
allowed the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii 
and Erigeron decumbens var. decumbens to function as metapopulations 
(Jackson 1996; Schultz 1998; Schultz et al. 2003; and Severns 2003a). 
Currently, populations are mostly isolated from neighboring populations 
and interactions between them are thought to be rare events (Jackson 
1996; Schultz 1998; Severns 2003a). Recovery of all three species will 
require reestablishment of functioning habitat networks that support 
multiple, connected populations (Kaye, in litt., 2005; Schultz et al. 
2003; Severns 2003a). In this document we refer to these functioning 
habitat networks as metapopulations.

Previous Federal Actions

    The Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and 
Erigeron decumbens var. decumbens were listed on January 25, 2000. For 
more information on previous Federal actions concerning the Fender's 
blue butterfly, L. sulphureus ssp. kincaidii and E. decumbens var. 
decumbens, refer to the final listing rule published in the Federal 
Register on January 25, 2000 (65 FR 3875.)
    On April 23, 2003, a complaint was filed against the Service (CV 03 
513 JE (D. Or.)) for failure to designate critical habitat for the 
Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron 
decumbens var. decumbens. In December 2003, a settlement agreement 
resulted in a schedule for the Service to submit a proposed critical 
habitat rule to the Federal Register by October 15, 2005, and a final 
rule by October 15, 2006.

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 
geographic 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 
that are necessary to bring an endangered or a threatened species to 
the point at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 requires consultation on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat. The designation of critical habitat 
does not affect land ownership or establish a refuge, wilderness, 
reserve, preserve, or other conservation area. Such designation does 
not allow government or public access to private lands.
    To be included in a critical habitat designation, the habitat 
within the area occupied by the species at the time of listing must 
first have features that are ``essential to the conservation of the 
species.'' Critical habitat designations identify, to the extent known 
using the best scientific and commercial data available, habitat areas 
that provide essential life cycle needs of the species (i.e., areas on 
which are found the primary constituent elements, as defined at 50 CFR 
424.12(b)).
    Habitat occupied at the time of listing may be included in critical 
habitat only if the essential features thereon may require special 
management or protection. Thus, we do not include areas where existing 
management is sufficient to conserve the species; as discussed below, 
such areas may also be excluded from critical habitat pursuant to 
section 4(b)(2). Specific areas outside the geographical area occupied 
by the species at the time it is listed may be designated as critical 
habitat, in accordance with the provisions of section 4 of the Act, 
upon a determination by the Secretary that such features are essential 
for the conservation of the species.
    The Service's Policy on Information Standards Under the Endangered 
Species Act, published in the Federal Register on July 1, 1994 (59 FR 
34271), and Section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658) 
and the associated Information Quality Guidelines issued by the 
Service, provide criteria, establish procedures, and provide guidance 
to ensure that decisions made by the Service represent the best 
scientific and commercial data available. They require Service 
biologists to the extent consistent with the Act and with the use of 
the best scientific and commercial data available, to use primary and 
original sources of information as the basis for recommendations to 
designate critical habitat. When determining which areas are critical 
habitat, a primary source of information is generally the listing 
package for the species. Additional information sources include the 
recovery plan for the species, articles in peer-reviewed journals, 
conservation plans developed by States and counties, scientific status 
surveys and studies, biological assessments, or other unpublished 
materials and expert opinion or personal knowledge. All information is 
used in accordance with the provisions of Section 515 of the Treasury 
and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658) and the associated Information Quality Guidelines 
issued by the Service.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Habitat is often 
dynamic, and species may move from one area to another over time. 
Furthermore, we recognize that designation of critical habitat may not 
include all of the habitat areas that may eventually be determined to 
be necessary for the recovery of the species. For these reasons, 
critical habitat designations do not signal that habitat outside the 
designation is unimportant or may not be required for recovery. Most 
populations of Fender's blue butterfly, Lupinus sulphureus ssp. 
kincaidii and Erigeron decumbens var. decumbens have not been studied 
well enough to determine how to restore functioning metapopulations in 
these highly fragmented prairie remnants. Although it is generally 
understood that recovery of remaining populations will involve 
expanding existing populations,

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increasing connectivity, and/or improving habitat quality (Clark et al. 
1995b; Schultz et al. 2003; Severns 2003a; Wilson et al. 2003), 
additional information is needed to determine the most appropriate 
restoration design (Schultz et al. in prep.). Since each of the 
remaining populations occur in a unique habitat setting, habitat 
analyses will likely need to be completed to determine which lands are 
suitable for expanding populations, increasing connectivity, and 
reestablishing functioning metapopulations. For many populations of 
Fender's blue butterfly, L. sulphureus ssp. kincaidii and E. decumbens 
var. decumbens, we do not have the information necessary to 
specifically identify additional areas needed to increase connectivity 
between populations and establish larger metapopulations. If new 
information becomes available identifying additional features essential 
to the conservation of these species, we will reevaluate the critical 
habitat designation.
    Areas that support populations, but are outside the critical 
habitat designation, will continue to be subject to conservation 
actions implemented under section 7(a)(1) of the Act and to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available information 
at the time of the action. Federally funded or permitted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome.

Methods

    As required by section 4(b)(1)(A) of the Act, we use the best 
scientific and commercial data available in determining areas that 
contain the features that are essential to the conservation of the 
Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron 
decumbens var. decumbens.
    We have reviewed available information that pertains to the habitat 
requirements of these species and evaluated all known species locations 
using data from the following sources: Spatial data for known species 
locations from the Oregon Natural Heritage Information Center (ORNHIC 
2004), Washington Natural Heritage Program (WNHP 2005), U.S. Army Corps 
of Engineers (Corps 2004), and Bureau of Land Management (BLM 2005); 
United States Geological Survey (USGS 2000) 1:24,000 scale 3.75 digital 
orthophotographic quarter quadrangle images; recent biological surveys 
and reports; site-specific habitat evaluations (USFWS 2003a; USFWS 
2004a, 2004b, 2004e); data in reports submitted during section 7 
consultations and by biologists holding section 10(a)(1)(A) recovery 
permits; research published in peer-reviewed articles and presented in 
academic theses or reports; recovery team meeting notes; and 
discussions with species experts. We are not proposing to designate 
areas outside the geographic area occupied by the species.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to propose as critical 
habitat, we are required to base critical habitat determinations on the 
best scientific and commercial data available and to consider those 
physical and biological features (primary constituent elements (PCEs)) 
that are essential to the conservation of the species, and that may 
require special management considerations and protection. These 
include, but are not limited to: Space for individual and population 
growth and for normal behavior; food, water, air, light, minerals, or 
other nutritional or physiological requirements; cover or shelter; 
sites for breeding, reproduction, and rearing (or development) of 
offspring; and habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of a species. We are requesting specific information from 
the public on the Fender's blue butterfly, Lupinus sulphureus ssp. 
kincaidii, and Erigeron decumbens var. decumbens and its habitat, and 
which habitat or habitat components (i.e., physical and biological 
features) are essential to the conservation and why.
    The specific primary constituent elements required for the Fender's 
blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron 
decumbens var. decumbens are derived from the biological needs of these 
species as described in the Background section of this proposal with 
specific requirements described below.

Space for Individual and Population Growth and Normal Behavior

Fender's blue butterfly
    Historically, the Willamette Valley was a mosaic of upland and 
wetland prairie, with lupine patches rarely more than 0.3 miles (0.5 
km) apart, providing a high probability that the Fender's blue 
butterfly could disperse between patches (Schultz 1998). Habitat 
fragmentation has isolated the remaining populations of Fender's blue 
butterfly to such an extent that dispersal among suitable habitat 
patches is now likely a rare event (Schultz 1998) which increases the 
risk of inbreeding depression (Schultz et al. 2003). The rarity of host 
lupine patches and habitat fragmentation are the major ecological 
factors limiting reproduction, dispersal, and subsequent colonization 
of new habitat (Hammond and Wilson 1992, 1993; Hammond 1994; Schultz 
1997a; Schultz and Dlugosch 1999).
    Conservation recommendations for recovering the Fender's blue 
butterfly include having enough high quality habitat to maintain viable 
populations across the range of the species (Schultz et al. 2003). This 
will require habitat restoration to create new sites, expanding the 
size of existing sites and creating habitat networks that connect 
isolated populations (Schultz et al. 2003). The largest remaining 
Fender's blue butterfly populations generally occur in the largest, 
most connected prairie remnants currently supporting the species (USFWS 
2004a, 2004e). Schultz et al. (2003) found that under current 
conditions, even these largest Fender's blue butterfly populations have 
a poor chance of survival over the next 100 years.
    The three largest known butterfly populations occur on prairie 
remnants with estimated areas of 251 ac (102 ha), 55 ac (22 ha), and 31 
ac (13 ha) (Hammond 2004; Fitzpatrick 2005; USFWS 2004a, 2004e, 2005), 
respectively. Although the prairie habitat supporting these populations 
is threatened to varying degrees by invasive species and woody 
succession, it also appears to have the highest diversity of native 
plant species. Large habitat patches tend to support higher native 
species diversity (Noss and Cooperrider 1994) and the Fender's blue 
butterfly depends on a diversity of native plant species for survival 
(Wilson et al. 1997).
    To promote successful dispersal between lupine patches and 
reestablish functioning metapopulations, Fender's blue butterly will 
likely require stepping-stones of lupine patches that are close enough 
together for dispersing butterflies to have a high probability of 
finding them (Schultz 1998). This conservation reserve strategy is 
superior to narrow linear corridors because Fender's blue butterfly 
flight patterns into non-lupine habitat make it unlikely

[[Page 66497]]

they would stay in a narrow corridor (Schultz 1998). Reestablishing 
stepping stones of lupine habitat between existing populations 
increases the likelihood that dispersing individuals will move from one 
large lupine patch to the next (Schultz 1998). Lupine patches should be 
less than 0.6 mile (1 km) from their nearest neighbor (Schultz 1998; 
Schultz 2001; Schultz and Crone 2005) to restore functioning 
metapopulations for the Fender's blue butterfly and ensure the long-
term persistence of this species (Schultz et al. 2003).
    Recovery of the Fender's blue butterfly will require ten 
functioning metapopulations that are distributed across the range of 
the species. All of the reserve metapopulations will need to 
consistently maintain a sufficient number of individuals and a minimum 
growth rate for 10-15 consecutive years. In addition to the above draft 
criteria, three of the metapopulations will need to be larger (larger 
areal extent), functioning metapopulations (Schultz et al., in litt., 
2005). The three areas with the highest likelihood of fostering large, 
functioning metapopulations are lands owned by The Nature Conservancy 
(TNC) in Eugene, Oregon, the Baskett Slough National Wildlife Refuge 
populations, and the areas currently supporting the Wren, Oregon, 
populations.

Lupinus sulphureus ssp. kincaidii

    For many organisms that are patchily distributed, the minimum 
viable population will often depend on both the occupied and 
surrounding unoccupied habitat that is protected and managed for the 
species (Nunny and Campbell 1993). Plant populations often occupy only 
small regions of the available habitat at any one period, and this 
pattern is very relevant to their conservation (Menges 1991). The 
habitat between plant patches is often utilized for seedling 
establishment (Wilson 1998b) and, as such, may be necessary for the 
long-term perseverance of the species (Nunny and Campbell 1993).
    Native upland prairies are low-growing plant communities dominated 
by bunchgrasses with open spaces occurring between plants (Wilson 
1998a, 1998b). Spaces between bunchgrasses remain available for the 
vegetative spread of lupine and seedling establishment necessary for 
expanding population size and increasing population viability. In 
addition to providing space for population growth, larger prairie 
habitats provide opportunity for population expansion because the 
native grasses and forbs maintain the short-grass prairie stature and 
provide the full sun conditions necessary for the species to grow and 
expand into surrounding habitat (Wilson 1998a).
    Lupinus sulphureus ssp. kincaidii populations exhibit typical signs 
of inbreeding depression (a process that weakens plant fitness through 
repeated generations of inbreeding), such as low seed production, which 
is attributed to the small size and isolated nature of the species' 
current distribution (Severns 2003a; Wilson et al. 2003). Insect 
outcrossing pollination (the transfer of pollen from the flower of one 
plant to the flower of another plant of the same species) has been 
documented as necessary for successful seed production in L. sulphureus 
ssp. kincaidii (Wilson et al. 2003). Since L. sulphureus ssp. kincaidii 
is a long lived perennial that grows to more than 20 m in diameter, and 
observations suggest that lupine patches are either one individual or a 
few closely related individuals (Severns 2003a), successful outcrossing 
pollination will require large populations with many individuals or 
multiple plant patches of unrelated individuals that are functionally 
connected (i.e., they are in close enough proximity that pollinators 
will regularly move between the patches). The number of L. sulphureus 
ssp. kincaidii patches occurring within prairie remnants has been 
positively correlated with increased seed production, likely because 
larger populations have a higher density of floral displays and attract 
more pollinators (Severns 2003a). Since population size appears to be 
important for visibility to pollinators and the successful reproduction 
of L. sulphureus ssp. kincaidii, increasing the size of existing 
populations will play a role in recovering this species (Severns 
2003a).
    Habitat management recommendations for the conservation and 
recovery of Lupinus sulphureus ssp. kincaidii include expanding the 
size of existing populations by augmenting them with individuals from 
other plant populations (Severns 2003a). The prairie habitat occurring 
between existing lupine patches will be necessary to provide space for 
augmentations which is expected to reduce the effects of inbreeding 
depression. Smaller distances between plant patches increase the 
likelihood of outcrossing as insect pollinators more readily travel 
among nearby patches to transfer pollen between individual plants. The 
stepping-stone reserve design recommended for Fender's blue butterfly 
will also benefit L. sulphureus ssp. kincaidii by increasing 
opportunity for pollen transfer between existing plant patches and 
allow current small populations to function together as larger ones 
(Severns 2003a; Wilson et al. 2003).
    Draft recovery criteria for the Lupinus sulphureus ssp. kincaidii 
include having reserves established across the historic range of the 
species with populations larger than 0.25 ac (0.1 ha) of lupine cover 
and within 5 miles (8 km) of neighboring populations (Gisler et al., in 
litt., 2005). An area-based measurement is used for minimum patch size 
due to the difficulty of counting individual plants of this clonal 
species. The 5 mile (8 km) criterion is based on the estimated 
pollinating distance of the honeybee (Apis mellifera), which is the 
primary pollinator of this species (Gisler et al., in litt., 2005). 
These criteria are expected to promote larger functioning 
metapopulations, with increased population sizes and genetic diversity, 
which in turn, promotes long-term population viability and species 
conservation.

Erigeron decumbens var. decumbens

    Erigeron decumbens var. decumbens populations are currently 
vulnerable to inbreeding depression throughout their range because they 
occur in small, isolated habitat patches (Jackson 1996). Jackson (1996) 
documents that conservation plans for the wet prairie habitat must 
emphasize connections, corridors, and large areas of contiguous 
habitat. Clark et al. (1993) identified habitats critical for the 
conservation of E. decumbens var. decumbens and recommends protecting 
sites harboring large populations of native plants, prairie habitat 
providing physical links between E. decumbens var. decumbens 
populations, and potential sites for restoration in order to reduce the 
current threats to survival (Clark et al. 1993).
    E. decumbens var. decumbens populations are typically distributed 
in clumps scattered across the prairie habitat and dispersed among 
other prairie indicator species (Clark et al. 1993). Larger prairie 
remnants are more likely to provide the conditions necessary to support 
population growth because the native species composition maintains the 
light and composition necessary for this species to persist and expand. 
Conservation measures documented as necessary for maintaining and 
increasing the few remaining populations of E. decumbens var. decumbens 
include promoting conditions for natural regeneration as well as 
possibly augmenting small populations with propagated

[[Page 66498]]

individuals (Clark et al. 1995b). Open spaces between bunch grasses 
allow E. decumbens var. decumbens to expand within a habitat patch and 
larger prairie remnants provide the area necessary to use propagated 
individuals for population augmentation.
    Draft recovery criteria for the Erigeron decumbens var. decumbens 
include the establishment of reserves comprised of populations larger 
than 200 plants and within 5 miles (8 km) of neighboring populations, 
across the historic range of the species (Robinson et al., in litt., 
2005). E. decumbens var. decumbens population estimates are typically 
reported by counting plant clumps as individual plants and therefore, a 
minimum number of individuals has been identified in the draft recovery 
criteria (Robinson et al., in litt., 2005).

Food

    The Fender's blue butterfly uses Lupinus sulphureus ssp. kincaidii, 
L. arbustus (spur lupine) and L. albicaulis (sickle-keeled lupine) as 
larval host plants. Adult Fender's blue butterflies require several 
forbs for nectar (Schultz and Dlugosch 1999; Schultz et al. 2003). 
Specific adult nectar sources include: Allium acuminatum (tapertip 
onion), Allium amplectans (narrowleaf onion), Calochortus tolmiei 
(Tolmie's mariposa lily), Eriophyllum lanatum (woolly sunflower), 
Sidalcea campestris (Meadow checkermallow), Sidalcea virgata (rose 
checker-mallow), Vicia sativa (common vetch) and V. hirsuta (tiny 
vetch). These exotic vetches (V. sativa and V. hirsuta) are heavily 
used at many sites but they are considered a lower quality source of 
nectar (Schultz and Dlugosch 1999).

Light

    As previously described, all three species are early seral and 
occur in open areas. Willamette Valley grasslands have been described 
as a mixture of wet and upland prairie, and oak/savanna habitat having 
a relatively open canopy cover (Altman et al. 2001; Chappell et al. 
2001). These open areas were historically maintained by the indigenous 
people of the Willamette Valley who seasonally burned the land to 
facilitate hunting and gathering of food (Clark et al. 1995b; Clark 
2000; Jackson 1996; Schultz et al. 2003; Wilson et al. 2003). The fires 
prevented the widespread abundance of woody species and maintained the 
openness needed for early seral species to persist (Jackson 1996; 
Schultz et al. 2003; Wilson et al. 2003). Change in this historic 
disturbance regime has allowed shrubs and trees to invade many prairies 
and oak/savannas.
    Populations of Fender's blue butterfly and Lupinus sulphureus ssp. 
kincaidii historically occurring in the oak/savannas were probably the 
first to be lost to succession and development, with most of the 
remaining populations found in the valley floor prairies. L. sulphureus 
ssp. kincaidii and many of the Fender's blue butterfly nectar sources 
do not tolerate the decrease in available light that results from 
increased canopy closure as prairies gradually grow into woodlands in 
the absence of disturbance (Schultz et al. 2003). Erigeron decumbens 
var. decumbens typically occurs where woody cover is nearly absent and 
where herbaceous vegetation cover is low in stature relative to the 
surrounding areas (Clark et al. 1993).
    Native Willamette Valley prairies are predominantly low-stature 
communities with most plant foliage occurring within 8 inches (20 cm) 
of the soil, but with flowering stalks of some of the grasses reaching 
up to 59 inches (150 cm) in height (Wilson 1998a, 1998b). Maintaining 
the stature of the prairie habitat that surrounds the patches of 
Lupinus sulphureus ssp. kincaidii and E. decumbens var. decumbens is 
essential for the conservation of not only the plants but also the 
Fender's blue butterfly (Schultz et al. 2003). The butterfly is more 
vigorous in the full sun of open habitats which provide conditions that 
promote nectaring and ovipositioning (Schultz et al. 2003).
    Populations of Lupinus sulphureus ssp. kincaidii occurring in 
Douglas County, Oregon, have been documented occurring in atypical 
habitat for the species (Barnes 2004). The Douglas County populations 
are in wooded areas with canopy cover ranging from 50 to 80 percent 
(Barnes 2004) and dominated by species such as: Arbutus menziesii 
(Pacific madrone), Arctostaphylos columbiana (hairy manzanita), 
Calocedrus decurrens (incense cedar), Calochortus tolmiei (Cat's ear, 
Tolmie star-tulip), Canadanthus modestus (giant mountain aster), 
Ceanothus cuneatusa (buckbrush), Cerastium arvense (field chickweed), 
Cynosurus echinatus (bristly dogstail grass), Daucus carota (Queen 
Anne's Lace, wild carrot), Dichelostemma capitatum (bluedicks), Festuca 
californica (California fescue), Festuca roemeri (Roemer's fescue), 
Fragaria vesca (woodland strawberry), Hieracium albiflorum (white 
hawkweed), Holodiscus discolor (oceanspray), Lathyrus polyphyllus 
(leafy pea), Lonicera hispidula (pink honeysuckle), Pinus ponderosa 
(ponderosa pine), Pseudotsuga menziesii (Douglas fir, Doug fir), 
Quercus kelloggii (California black oak), Rubus ursinus (California 
blackberry), Sanicula crassicaulis (Pacific blacksnakeroot), 
Symphoricarpos albus (snowberry), Torilis arvensis (spreading 
hedgeparsley), Toxicodendron diversilobum (poison oak), Vicia americana 
(American vetch), and Whipplea modesta (common whipplea).

Moisture

    Plant communities in prairie ecosystems vary mainly due to 
differences in moisture and these moisture differences are a result of 
elevation, slope, and soil permeability (Jackson 1996). The Willamette 
Valley prairies have been categorized into two habitat types, wet 
prairie and upland prairie (Jackson 1996). The wet prairie habitat is 
defined as areas of low relief, with poor drainage and hydric, clayey 
soils (Jackson 1996). This habitat type is dominated by bunchgrasses, 
most predominately Deschampsia caespitosa (Clark et al. 1993; Jackson 
1996). Jackson (1996) describes the term upland prairie as 
``misleading'' because this habitat largely occurs on the valley floor. 
A few upland prairie habitat patches occur on colluvium upland soils 
(Jackson 1996), but many occur on soils not considered upland, such as 
terraces, alluvium, and even floodplain soils (Clark et al. 1993; 
Jackson 1996; Wilson et al. 2003). Although many of the habitat patches 
supporting the Fender's blue butterfly, Lupinus sulphureus ssp. 
kincaidii and Erigeron decumbens var. decumbens occur on the valley 
floor, they have been characterized as ``upland prairies'' because of 
their drier conditions which are attributed to better draining soils or 
topography (Jackson 1996). This upland prairie habitat is typically 
characterized by the vegetation that thrives in these well-drained 
conditions (associated species previously identified) (Jackson 1996).
    Erigeron decumbens var. decumbens grows in both wet and upland 
prairies. The populations occurring in wet prairies tend to occur in 
the driest portions of the wet prairie habitat. E. decumbens var. 
decumbens prefers the driest of habitats in which D. caespitosa can 
grow, and thus where D. caespitosa is sparse (Clark et al. 1993). 
Lupinus sulphureus ssp. kincaidii populations occur predominately in 
upland prairie habitat with a few occurring in the transitional areas 
between wet and upland prairie habitats. The Fender's blue butterfly 
largely occurs in upland prairies, however several adult nectar sources 
occur in wet prairies and are utilized by the butterfly when wet

[[Page 66499]]

prairie patches are adjacent to lupine patches.

Reproduction

Fender's blue butterfly
    Adult Fender's blue butterflies emerge in May and females lay their 
eggs on the underside of lupine leaves. The butterfly uses three lupine 
species as host plants for oviposition. A few weeks after oviposition, 
the eggs hatch and the larvae eat lupine leaves for a few weeks until 
the lupines senesce. After lupine senescence, the larvae enter an 
extended diapause which lasts until the following March. When the 
lupine plants resurface, the larvae emerge from the soil litter and 
begin eating the young lupine leaves until they pupate in mid-April 
(Schultz et al. 2003). Adult females lay approximately 350 eggs 
(Schultz et al. 2003) over their estimated 15-day lifespan. Of these 
eggs, approximately 1.5 will survive to adulthood, indicating that 
female fecundity is very low (Schultz 1998; Schultz et al. 2003).
    Native prairie composition, including short-stature grasses, 
provides the full sun conditions required for Lupinus sulphureus ssp. 
kincaidii plants to produce an abundance of leaves for Fender's blue 
butterfly to lay eggs upon, whereas invasive species often cover the 
lupine leaves making it difficult for the butterfly to oviposition. 
Native nectar sources have been documented as higher quality adult food 
sources and butterfly populations dependent on low quality exotic 
vetches, may spend more of their limited adult flight time nectaring, 
and less time ovipositioning (Schultz and Dlugosch 1999).
    Schultz and Crone (2001) found that Fender's blue butterfly 
population patterns are influcenced by habitat patch size via residence 
time of female butterflies, where butterflies emigrate from smaller 
patches more quickly than they do from larger patches. This directly 
influences the numbers and spatial distribution of eggs, and therefore 
the future number of butterflies. Because Fender's blue butterflies 
only live for approximately two weeks, a change in residence time by a 
day markedly influences the distribution of eggs.
Lupinus sulphureus ssp. kincaidii
    Lupinus sulphureus ssp. kincaidii flowers possess a pump or piston 
arrangement for cross-pollination by insects, as is common in other 
lupines (Knuth 1906; Kaye 1999). Pollination of L. sulphureus ssp. 
kincaidii appears to be carried out by bees visiting the flowers and 
the relatively small flowers attract only small bees (Wilson et al. 
2003). Several bee species have been documented commonly visiting L. 
sulphureus ssp. kincaidii flowers, such as small bumblebees (Bombus 
mixtus and B. californicus), and the European honey bee (Apis 
mellifera). As described in Wilson et al. (2003), insect pollination 
appears to be critical for successful seed production in L. sulphureus 
ssp. kincaidii. The maturation of the flowers of L. sulphureus ssp. 
kincaidii promotes outcrossing pollination because of the way they 
mature from the bottom of the inflorescence to the top (Wilson et al. 
2003).
    Studies indicate that inbreeding depression may limit the seed set 
and seed fitness of smaller lupine populations (Severns 2003a; Wilson 
et al. 2003). Conserving Lupinus sulphureus ssp. kincaidii will likely 
require the outcrossing of populations by planting new individuals from 
different sources near existing populations and increasing pollinator 
connectivity between existing populations (Severns 2003a).
Erigeron decumbens var. decumbens
    This species spreads vegetatively via rhizomes over short distances 
(about 4 inches (10 cm)) (Kaye 2000) and the plants often grow in 
clumps, making it difficult to distinguish individuals. Sexual 
reproduction is facilitated by insect pollination. Pollinators include 
species such as the field crescent butterfly (Phyciodes campestris), 
sweat bees (Halictidae spp.), and a syrphid fly (Toxomerous 
occidentalis) (Jackson 1996). Seeds are dispersed by wind but over very 
short distances (Clark et al. 1993). Research indicates that 
scarification stimulates germination but the mechanism for seed coat 
scarification (scoring of the seed coat) in the wild is unknown (Clark 
et al. 1995b). Germination of Erigeron decumbens var. decumbens seeds 
occurs mostly in April and May (Clark et al. 1995b). Flowering is 
concentrated in June and early July, and seeds are dispersed in mid to 
late July (Ingersoll et al. 1995).
    Jackson (1996) reports that remaining populations of Erigeron 
decumbens var. decumbens may be experiencing reproductive difficulties 
because they are extremely small and isolated from one another. Gene 
flow between individuals of a sexually-reproducing species is requisite 
for their persistence (Jackson 1996). Research results indicate that 
the E. decumbens var. decumbens is at risk of inbreeding depression 
(Jackson 1996). To reduce this risk and to conserve the species, it 
will likely be necessary to increase the number of habitat patches 
located in close proximity to one another such that functioning 
metapopulations are restored. This population arrangement provides 
increased opportunity for insects to carry pollen between individual 
plants and increases the likelihood of reproductive success of E. 
decumbens var. decumbens.

Areas Representative of the Historic Geographical and Ecological 
Distributions of a Species

Fender's blue butterfly
    Conservation recommendations for the Fender's blue butterfly 
include having a reserve design with a minimum of two populations for 
each occupied county (eight total) so that a local back-up is always 
available in case of site extirpations (Hammond and Wilson 1993). Draft 
recovery criteria for the Fender's blue butterfly include having ten 
Fender's blue butterfly metapopulations distributed across the historic 
range of the species before considering delisting (Schultz et al., in 
litt., 2005). By maintaining viable metapopulations across the species' 
range, the distribution would be wide enough to buffer the species from 
catastrophes that may occur in portions of its range (Schultz et al. 
2003).
    Recommendations for reserve design criteria for this species 
include preserving populations occurring under unique conditions as 
distinct ecological segregates (Hammond and Wilson 1993). Therefore, 
populations occurring in unique habitat conditions should be conserved 
across the range of the species, with a reserve design that provides 
``back-up'' populations occurring in the same unique habitat 
conditions. For example, a few unique Fender's blue butterfly 
populations occur on valley hillsides that appear to be stable climax 
grasslands due to the presence of deep, fine-textured, self-mulching 
soils or xeric lithosols, while the vast majority of remaining sites 
occur on the valley floor under different habitat conditions (Hammond 
and Wilson 1993).

Lupinus sulphureus ssp. kincaidii

    Lupinus sulphureus ssp. kincaidii populations in Douglas County, 
Oregon and Lewis County, Washington, represent the furthest southern 
and northern extent of the current range, respectively. These 
populations are highly disjunct and isolated from the Willamette Valley 
populations with approximately 81 miles (131 km) between the 
northernmost Willamette Valley population to the Lewis County,

[[Page 66500]]

Washington population, and approximately 54 miles (87 km) separating 
Oregon's south Willamette Valley populations from the Douglas County 
populations.
    The primary habitat for Lupinus sulphureus ssp. kincaidii is open 
upland prairie and meadow edges, often near oak trees with a relatively 
open canopy cover. Most of the Douglas County, Oregon, populations 
appear to tolerate more shaded habitat conditions with canopy cover of 
50 to 80 percent (Barnes 2004). These plants are found in wooded areas 
dominated by Pseudotsuga menziesii (Douglas-fir), Arbutus menziesii 
(Pacific madrone), and other trees and shrubs (Barnes 2004). Because 
these populations represent the southern-most extent of this species' 
range, they may be adapted to tolerate more extreme habitat and/or 
other environmental conditions. Therefore, conservation of L. 
sulphureus ssp. kincaidii populations across their current range will 
require recovery units in Lewis County, Washington and Douglas County, 
Oregon, in addition to recovery units in the Willamette Valley, Oregon 
(Gisler et al., in litt., 2005).

Erigeron decumbens var. decumbens

    Erigeron decumbens var. decumbens occurs on wetland prairie 
dominated by Deschampsia caespitosa. It also occurs on a few upland 
prairie sites characterized by a mix of native and non-native 
bunchgrasses (Jackson 1996; Clark 2000). Since this species occurs in 
both wet prairie and upland prairie habitat, conservation of 
representative populations in both of these habitat types is essential 
to the conservation of this species. As previously described, the long-
term persistence of small populations will likely depend on 
augmentation with propagated individuals (Clark et al. 1995b). Since 
there are very few surviving populations of E. decumbens var. decumbens 
and because they occur in both wet and upland prairie habitats, 
population augmentations must be sensitive to geographic variation in 
genotype and phynotype.
    Although it may be possible to reestablish functioning 
metapopulations across the range of the Fender's blue butterfly, 
Lupinus sulphureus ssp. kincaidii, and Erigeron decumbens var. 
decumbens, it is highly unlikely that these metapopulations will ever 
be reconnected because of the distance between existing populations in 
an extremely fragmented landscape. Each metapopulation will therefore 
need to be independently viable, supporting multiple populations to 
reduce the risk of localized extinction.
    With so few remaining populations of each of these species, losing 
any one of these populations through a natural or human-caused event 
will measurably increase the likelihood of extinction. For example, an 
accidental spraying of insecticide and/or herbicide on a Fender's blue 
butterfly and Lupinus sulphureus ssp. kincaidii population, could 
eliminate the entire population of one or both species. In December 
2004, one of the core Fender's blue butterfly populations was 
significantly damaged by a herd of pigs that gained access into and 
rooted up a large area of occupied prairie habitat. Although the 
likelihood of such an event is variable and difficult to predict, the 
extant small populations are at high risk of extirpation if such an 
event were to occur.

Primary Constituents Elements for the Fender's blue butterfly, Lupinus 
sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens

    Based on our current knowledge of the life history, biology, and 
ecology of the species and the requirements of the habitat to sustain 
life history functions of the species, we have determined that the 
Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron 
decumbens var. decumbens's primary constituent elements (PCEs) are:
    The PCEs for Fender's blue butterfly are:
    (1) Early seral upland prairie, oak savanna habitat with 
undisturbed subsoils that provides a mosaic of low growing grasses and 
forbs, and an absence of dense canopy vegetation allowing access to 
sunlight needed to seek nectar and search for mates;
    (2) Larval host-plants: Lupinus sulphureus ssp. kincaidii, L. 
arbustus, or L. albicaulis;
    (3) Adult nectar sources, such as: Allium acuminatum (tapertip 
onion), Allium amplectens (narrowleaf onion), Calochortus tolmiei 
(Tolmie's mariposa lilly), Camassia quamash (small camas), Cryptantha 
intermedia (clearwater cryptantha), Eriophyllum lanatum (wooly 
sunflower), Geranium oreganum (Oregon geranium), Iris tenax (toughle