Endangered and Threatened Wildlife and Plants; Proposed Removal of Erigeron maguirei From the Federal List of Endangered and Threatened Plants; Availability of Post-Delisting Monitoring Plan, 28410-28423 [E8-9282]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Proposed Rules]
[Pages 28410-28423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9282]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R6-ES-2008-0001; 92220-1113-0000-C6]
RIN 1018-AU67


Endangered and Threatened Wildlife and Plants; Proposed Removal 
of Erigeron maguirei From the Federal List of Endangered and Threatened 
Plants; Availability of Post-Delisting Monitoring Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of availability.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), under the 
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et 
seq.), propose to remove the plant Erigeron maguirei (commonly referred 
to as Maguire daisy) from the List of Endangered and Threatened Plants. 
The best scientific and commercial data available indicate that this 
species has recovered and no longer meets the definition of threatened 
or endangered under the Act. Our review of the status of this species 
shows that populations are stable, threats have been addressed, and 
adequate regulatory mechanisms ensure the species is not currently and 
is not likely to again become an endangered species within the 
foreseeable future in all or a significant portion of its range. We 
seek information, data, and comments from the public regarding E. 
maguirei, this proposal to delist, and the Post-Delisting Monitoring 
Plan. This proposed rule completes the 5-year status review initiated 
on April 7, 2006 (71 FR 17900).

DATES: We will accept comments received or postmarked on or before July 
15, 2008. Public hearing requests must be received by June 30, 2008.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AU67; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Larry Crist, Field Supervisor, U.S. 
Fish and Wildlife Service, Utah Field Office, 2369 West Orton Circle, 
West Valley City, UT 84119, or telephone (801) 975-3330. Individuals 
who are hearing-impaired or speech-impaired may call the Federal Relay 
Service at (800) 877-8337 for TTY assistance.

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, we hereby 
request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party concerning 
this proposed rule. We particularly seek comments concerning:
    (1) Biological information concerning this species;
    (2) Relevant data concerning any current or likely future threats 
(or lack thereof) to this species, including the extent and adequacy of 
Federal and State protection and management that would be provided to 
the Erigeron maguirei as a delisted species;
    (3) Additional information concerning the range, distribution, 
population size, and population trends of this species, including the 
locations of any additional populations of this species;
    (4) Current or planned activities in the subject area and their 
possible impacts on this species; and
    (5) Our draft Post-Delisting Monitoring Plan.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
accept comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    If you submit a comment via https://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov, or by 
appointment during normal business hours at the Utah Field Office, 2369 
West Orton Circle, West Valley City, UT 84119 (801/975-3330).

Public Hearing

    The Act provides for one or more public hearings on this proposal, 
if requested. Requests must be received by June 30, 2008. Such requests 
must be made in writing and addressed to the Field Supervisor (see FOR 
FURTHER INFORMATION CONTACT section).

Previous Federal Action

    Section 12 of the Act directed the Secretary of the Smithsonian 
Institution to prepare a report on those plants considered to be 
endangered, threatened, or extinct. On July 1, 1975, the Service 
published a notice in the Federal Register (40 FR 27824) accepting the 
Smithsonian report as a petition to list taxa named therein under 
section 4(c)(2) (now 4(b)(3)) of the Act) and announced our intention 
to review the status of those plants. Erigeron maguirei was included in 
that report (40 FR 27880, July 1, 1975). Maguire daisy is the common 
name for Erigeron maguirei, however we will use primarily the 
scientific name of this species throughout this proposed rule to 
clarify taxonomic issues or the legal status of the plant.
    On June 16, 1976, we published a rule in the Federal Register (41 
FR 24524) to designate approximately 1,700 vascular plant species, 
including Erigeron maguirei, as endangered pursuant to section 4 of the 
Act. The 1978 amendments to the Act required that all proposals over 2 
years old be withdrawn. On December 10, 1979, we published a notice of 
withdrawal (44 FR 70796) of that portion of the June 16, 1976, proposal 
that had not been made final, which included E maguirei.
    On December 15, 1980, we published a revised notice of review for 
native plants in the Federal Register designating Erigeron maguirei as 
a candidate species (45 FR 82480). Section 4(b)(3)(B) of the 1982

[[Page 28411]]

amendments to the Act required that the Secretary of the Interior make 
a finding on a petition within 1 year of its receipt. In addition, 
section 2(b)(1) of the 1982 amendments to the Act required that all 
petitions pending as of October 13, 1982, be treated as if newly 
submitted on that date. Since the 1975 Smithsonian report was accepted 
as a petition, all the taxa contained in those notices, including E. 
maguirei, were treated as being newly petitioned as of October 13, 
1982. On October 13, 1983, the Service made a 12-month finding that the 
petition to list E. maguirei var. maguirei was warranted but precluded 
by other listing actions of a higher priority. Notification of this 
finding was published in the Federal Register on November 28, 1983 (48 
FR 53640).
    On July 27, 1984, the Service published a proposed rule to 
designate Erigeron maguirei var. maguirei as an endangered species (49 
FR 30211). The final rule designating the variety of the species as 
endangered was published on September 5, 1985 (50 FR 36089).
    In 1983, E. maguirei var. harrisonii was described as a separate 
variety of E. maguirei. In this description, Welsh (1983a, p. 367) 
noted two previous collections of the variety at canyon bottom sites in 
Wayne County, Utah, in the 1930s. On September 27, 1985, the Service 
published a notice of review for plants (50 FR 39526) which included 
Erigeron maguirei var. harrisonii as a candidate species (50 FR 39548). 
Erigeron maguirei var. harrisonii remained as a candidate through the 
revised plant notice of review published on September 30, 1993 (58 FR 
51144).
    On September 7, 1994 (59 FR 46219), the Service proposed to 
reclassify the species from endangered to threatened based on the new 
genetic information that led to a taxonomic revision, changing the 
entry for Erigeron maguirei var. maguirei to E. maguirei. The proposed 
rule noted that this entity also included the plant variety formerly 
known as E. m. var harrisonii.
    On June 19, 1996, the Service finalized the rule reclassifying 
Maguire daisy from endangered to threatened in large part due to a 
taxonomic revision and resultant increase in the population considered 
as Erigeron maguirei (61 FR 31054).

Species Information

    A member of the sunflower family, Erigeron maguirei is a perennial 
herb with a branched woody base. Its stems and spatulate-shaped leaves 
are densely spreading and hairy. Its flowers are dime sized with white 
or pink petals. Bits of sand commonly cling to the hairs of the leaves 
and stems. The species is further described in our June 19, 1996, final 
rule reclassifying the species as threatened (61 FR 31054).
    Erigeron maguirei has been located from 1,585 to 2,621 meters (m) 
(5,200 to 8,600 feet (ft)) in elevation (Clark et al. 2006, pp. 9-11). 
Highest plant densities occur on mesa tops between 1,829 and 2,134 m 
(6,000 and 7,000 ft) in elevation (Kass 1990, p. 27; Service 1995, p. 
2; Clark 2001, p. 15; Clark et al. 2006, p. 14).
    The species occurs from the San Rafael Swell in Emery County, Utah, 
south into Wayne and Garfield Counties, Utah, through the Waterpocket 
Fold in Capitol Reef National Park (Capitol Reef) (Heil 1987, p. 5, 
figure 5; Heil 1989, p. 26; Kass 1990, pp. 23, 26-27; Harper and Van 
Buren 1998, appendix A; Clark 2001, p. 3; Clark 2002, pp. 13-14; Clark 
et al. 2005, p. 7; Clark et al. 2006, p. 7) (see Figure 1). Erigeron 
maguirei occurs primarily on the Navajo Sandstone formation. 
Individuals have been located within steep, narrow, dry, rocky, and 
sandy canyon or wash bottoms of the Wingate, Chinle, and Navajo 
Sandstone formations; sandstone walls of the Wingate, Navajo, and 
Cutler formations; cracks of large boulders; slickrock; and atop mesas 
of the Navajo Sandstone formation (Cronquist 1947, p. 165; Anderson 
1982, pp. 1-2; Heil 1989, pp. 25-26; Kass 1990, p. 22; Harper and Van 
Buren 1998, p. 1). Populations within canyon bottoms are apparently 
established from seeds dispersed by wind or overland flow from source 
populations on the mesa tops (Heil 1989, p. 25; Kass 1990, p. 27; 
Service 1995, p. 2). These canyon populations are generally small 
compared with those on the mesa tops (Heil 1989, p. 25; Kass 1990, p. 
27; Service 1995, p. 2).
BILLING CODE 4310-55-P

[[Page 28412]]

[GRAPHIC] [TIFF OMITTED] TP16MY08.017

BILLING CODE 4310-55-C
    Erigeron maguirei has been found primarily in the Dwarf Mountain 
Mahogany Slickrock plant community, a community endemic to the Colorado 
Plateau Region (Heil 1989, p. 23; Clark 2001, pp. 15-16; Clark et al. 
2006, p. 15). E. maguirei also is associated with pinyon/juniper--tall 
shrub, ponderosa pine--tall shrub slickrock pockets, mesic canyon 
bottoms, mountain shrub, and intermittent riparian communities (Kass 
1990, p. 22; Harper and Van Buren 1998, p. 1; Clark 2002, pp. 15-16; 
Clark et al. 2005, p. 7; Clark et al. 2006, p. 15).
    Flowering occurs from May to June and takes 4 to 6 weeks to go from 
the small green ``button'' bud stage to completion of anthesis, when 
the flower is no longer open and functional (Alston and Tepedino 2005, 
p. 54; Clark et al. 2006, p. 17). It appears that Erigeron maguirei 
lacks self-compatibility, and that pollinators are necessary for cross 
pollination to occur (Alston and Tepedino 2005, p. 61). Because of the 
open nature of the flower head, E. maguirei tends to be visited by 
opportunistic insects searching for nectar (Alston and Tepedino 2005, 
p. 60). Pollinators include various flies, wasps, and bees (Alston and 
Tepedino 2005, p. 60).
    Van Buren and Harper (2002, p. 1) collected demographic data on 
three Erigeron maguirei populations for a period of 9 years. The 
demographic data collected included plant diameter, size class, plant 
height, plant condition, and number of flower heads produced for 
individual tagged plants (Van Buren and Harper 2002, p. 2). At the 
Eagle Canyon study site, 124 plants were tagged in 1992 and 41 of these 
were still alive in 2001 (Van Buren and Harper 2002, pp. 2-3). This 
demographic monitoring study suggests the species is long lived, has a 
low mortality rate, and has the ability to replace individuals at a 
rate that compensates for mortality (Van Buren and Harper 2002, pp. 2-
5). Overall, monitored populations appear stable (Van Buren and Harper 
2002, p. 2).

[[Page 28413]]

Recovery

    Recovery plans are not regulatory documents and are instead 
intended to provide guidance to the Service, States, and other partners 
on methods of minimizing threats to listed species and on criteria that 
may be used to determine when recovery is achieved. There are many 
paths to accomplishing recovery of a species, and recovery may be 
achieved without all criteria being fully met. For example, one or more 
criteria may have been exceeded while other criteria may not have been 
accomplished. In that instance, the Service may judge that the threats 
have been minimized sufficiently, and the species is robust enough to 
reclassify from endangered to threatened or to delist. In other cases, 
recovery opportunities may have been recognized that were not known at 
the time the recovery plan was finalized. These opportunities may be 
used instead of methods identified in the recovery plan. Likewise, 
information on the species may be learned that was not known at the 
time the recovery plan was finalized. The new information may change 
the extent that criteria need to be met for recognizing recovery of the 
species. Recovery of a species is a dynamic process requiring adaptive 
management that may, or may not, fully follow the guidance provided in 
a recovery plan.
    The Maguire Daisy (Erigeron maguirei) Recovery Plan was approved by 
the Service on August 15, 1995. The Recovery Plan outlined three 
delisting criteria. These criteria, and the status of the species 
relative to these criteria, are outlined below.
    Delisting Criterion One--Locate and/or establish additional 
populations. Maintain 20 populations which have been demonstrated to be 
above minimum viable population levels. Until minimum viable population 
levels are determined, it is assumed that the minimum viable population 
level will be about 500 individuals (Service 1995, p. ii). At the time 
the Recovery Plan was written, the species was known from 7 populations 
(32 sites) with the total population estimated at 5,000 (Service 1995, 
p. 2). To achieve this criterion, the Recovery Plan recommended land 
managers inventory suitable habitat to determine with a reasonable 
degree of accuracy its population and distribution (Service 1995, pp. 
ii, 6, 7, 12).
    Thus, in 1999, the Service, the Bureau of Land Management (BLM), 
U.S. Department of Agriculture Forest Service (Forest Service), and the 
National Park Service (NPS) established an Interagency Rare Plant 
Agreement to direct conservation measures for listed and sensitive 
plant species endemic to central Utah, including Erigeron maguirei 
(Clark 2002, p. 3). Through this interagency agreement, the agencies 
committed funding to survey and monitor E. maguirei throughout its 
range, regardless of agency boundaries (Clark 2002, p. 3). Beginning in 
1999, these agencies hired an Interagency Botanist to oversee a team of 
seasonal employees, thus creating an Interagency Rare Plant Team 
(Forest Service et al. 2006, p. 6). As part of recovery activities for 
the E. maguirei, from 1999 to 2002, approximately 3,521 hectares (8,700 
acres) were surveyed for E. maguirei on NPS, BLM, and Forest Service 
lands (Clark and Clark 1999, p. 45; Clark 2002, p. 13). During this 
period, approximately 2,445 person-hours were allocated by the 
Interagency Rare Plant Team for E. maguirei surveys (Clark 2002, p. 
13).
    The recovery criterion of maintaining 20 viable populations was 
based primarily on the assumption that numerous small sites would 
remain scattered and disconnected (Clark 2006c). Instead of identifying 
more populations, increased survey efforts conducted under Action 2.0 
in the Recovery Plan identified both broader plant distributions and 
larger population sizes that are evenly distributed across the 
landscape (Harper and Van Buren 1998, p. 2; Clark and Clark 1999, p. 
47; Clark 2001, p. 3; Clark 2002, pp. 13-14; Clark et al. 2005, p. 17; 
Clark et al. 2006, p. 17). Based on our current knowledge of the 
species, 9 known populations exist (118 sites) within 4 meta-
populations comprised of approximately 164,250 Erigeron maguirei 
individuals (see Figure 1 and Table 1) (Clark et al. 2006, p. 16). 
Sites are defined as occurrence locations recorded by one or more 
researcher over time (Clark 2006b, p. 5). Populations are defined as 
groups of occurrence records (i.e., sites) located in the same 
geographic vicinity (Clark 2006b, p. 5). A meta-population is comprised 
of a number of individual populations less than 2.4 kilometers (1.5 
miles) apart, typically linked by continuous suitable habitat (Clark 
2006b, p. 5, Clark 2006c). The populations cannot be split into more 
than nine separate populations based on any meaningful criteria (Clark 
2006c).
    The range of the species is currently estimated at approximately 
1,010 square kilometers (km) (390 square miles (mi)) and extends from 
the San Rafael Swell south through the Waterpocket Fold of Capitol Reef 
(see Figure 1) (Clark et al. 2006, p. 17). All three populations within 
the Capitol Reef Meta-Population are linked by contiguous suitable 
habitat. Although not necessary for recovery, Clark et al. (2006, p. 
24) postulated that further survey work would likely find sufficient 
numbers of plants to link them into one contiguous population. A 
similar situation exists within the San Rafael Swell area where 
suitable habitat occurrences are separated by short distances (Clark et 
al. 2006, p. 24).
    These large, connected, and evenly distributed populations provide 
the desired viability intended by the recovery plan. The 9 populations 
have more desirable biological attributes than the originally suggested 
20 populations in the recovery plan. As mentioned above, the need for 
20 populations was based on the assumption that the originally 
identified localities would remain widely scattered and the populations 
in those localities would remain small. However, the 9 current 
populations are well connected within 4 meta-populations, the meta-
populations are distributed throughout the range of the species, and 
most of the populations within those meta-populations have large 
numbers of individuals. In fact, most of the populations are well above 
the minimum viable population size of 500 (see Table 1). Although some 
of the individual populations are below the minimum viable population 
size, those populations are connected to other populations within meta-
populations, thereby increasing the species' robustness. In addition, 
recent population dynamics studies confirm the species' projected 
population stability (Van Buren and Harper 2002, pp. 1-5; Clark et al. 
2006, p. 24). Demographic monitoring data suggests the species is long 
lived, has a low mortality rate, and has the ability to replace 
individuals at a rate that compensates for mortality (Van Buren and 
Harper 2002, pp. 2-5). The 9 current populations are functionally 
better than the estimated 20 populations originally identified in the 
recovery plan. Therefore, on the whole, the available data demonstrate 
that the intent of this recovery criterion has been met or exceeded.

[[Page 28414]]



    Table 1.--Erigeron maguirei Populations, Population Estimates and Protective Land Management Designations
----------------------------------------------------------------------------------------------------------------
                                                                                                      Percent of
                                                                                                         the
                                                                                                       species'
           Population              Population   Number of    Land ownership **       Protective         range
                                    estimate      sites                            designations **    within the
                                                                                                      protective
                                                                                                     designation
----------------------------------------------------------------------------------------------------------------
                                    Northern San Rafael Swell Meta-Population
----------------------------------------------------------------------------------------------------------------
Calf Canyon *...................        2,000            1  BLM................  ACEC..............           95
                                                         2  SITLA..............  None..............            0
----------------------------------------------------------------------------------------------------------------
                                    Central San Rafael Swell Meta-Population
----------------------------------------------------------------------------------------------------------------
Coal Wash.......................          100            6  BLM................  WSA...............           90
                                                                                 ACEC..............          100
Secret Mesa.....................        9,000            9  BLM................  WSA...............           90
                                                                                 ACEC..............          100
                                        1,000            2  SITLA..............  None..............            0
Link Flats......................          200            4  BLM................  None..............            0
                                           50            1  SITLA..............  None..............            0
----------------------------------------------------------------------------------------------------------------
                                    Southern San Rafael Swell Meta-Population
----------------------------------------------------------------------------------------------------------------
John's Hole.....................          300            3  BLM................  WSA...............          100
                                                                                 ACEC..............           10
Seger's Hole....................          100            2  BLM................  WSA...............           50
                                                                                 ACEC..............           20
----------------------------------------------------------------------------------------------------------------
                                          Capitol Reef Meta-Population
----------------------------------------------------------------------------------------------------------------
Deep Creek......................        1,500            2  Forest Service.....  Proposed Botanical          \1\
                                                                                  Area.
                                      100,000           29  NPS................  Primitive and               100
                                                                                  Threshold
                                                                                  Management Zone.
Capitol Reef....................       30,000           15  NPS................  Primitive and               100
                                                                                  Threshold
                                                                                  Management Zone.
Waterpocket Fold................       20,000           42  NPS................  Primitive and               100
                                                                                  Threshold
                                                                                  Management Zone.
                                 -------------------------------------------------------------------------------
    Totals......................      164,250          118  Various............  Various...........          97
----------------------------------------------------------------------------------------------------------------
* The Calf Canyon population estimate is from 1980. Due to inaccessibility, this site has not been revisited
  since 1980 and current population levels are unknown. However, other populations are doing well and there is
  no reason to believe that the Calf Canyon population is not also doing well (Clark 2007a). Current
  distribution among BLM and SITLA is also unknown although 1980 estimates suggest 25 percent of the range was
  on BLM land and 75 percent was on SITLA land.
** SITLA = Utah's School of Public Land Trust; ACEC = Area of Critical Environmental Concern; WSA = Wilderness
  Study Area.
\1\ 0% (will be 100% if proposed Botanical Area is finalized).

    Delisting Criterion Two--Establish formal land management 
designations for these populations which provide long-term, undisturbed 
habitat for Maguire daisy (Service 1995, p. ii). Delisting Criterion 
Three--Ensure that Maguire daisy and its habitat is protected from loss 
of individuals and environmental degradation (Service 1995, p. ii). To 
achieve these criteria, the Recovery Plan recommends the Service and 
our partners ``document the presence of, or, if necessary, establish 
formal land management designations which would provide for long-term 
protection for Maguire daisy and its habitat'' (Service 1995, pp. ii, 
6, 9, 12).
    Approximately 97 percent of the species' range occurs on lands with 
substantial protective measures in place (see Table 1). Protections are 
afforded to populations occurring in Capitol Reef through the NPS 
General Management Plan (Capitol Reef 1998, pp. 27-31). The BLM 
provides protections for populations occurring on their lands under the 
1991 San Rafael Resource Management Plan (BLM 1991a, pp. 12-26, 63-64). 
Most of the habitat on BLM land is protected as Wilderness Study Areas 
or Areas of Critical Environmental Concern (see Factor D below). The 
BLM Price Field Office is currently proceeding with a revision of the 
1991 Resource Management Plan (BLM 2004). The Record of Decision for 
the Final Resource Management Plan is scheduled to be completed by the 
summer of 2008 (BLM 2008a, p. 1). The Dixie National Forest and 
Fishlake National Forest released a draft Land Management Plan 
identifying the Billings Pass Botanical Area, which would provide 
protection to Erigeron maguirei (Forest Service 2006a, pp. 2c-17, 2c-
18, 2c-43; Tait 2006). At the time of this proposed rule, a schedule 
was not available for the completion of this document. The Fishlake 
National Forest Off-Highway Vehicle Route Designation Project (Forest 
Service 2006b, pp. 13, 20-21) will eliminate cross country travel on 
Forest Service lands throughout the range of the species; all habitat 
is a minimum of 0.8 km (0.5 mi) from existing or potential motorized 
routes on Fishlake National Forest lands (Forest Service 2006c, pp. 
123, 260-263).
    The Utah State School and Institutional Trust Lands (SITLA) owns 
lands that contain less than 2 percent of all known or estimated 
Erigeron maguirei plants. While SITLA does not have a specific 
management plan to benefit E. maguirei, we do not believe this is 
necessary to achieve the recovery criterion.

[[Page 28415]]

    Since its 1985 listing, Federal land management agencies have 
worked collaboratively to ensure long-term protection of Erigeron 
maguirei and its habitat. Land management plans, policies, and 
regulations that provide protection to E. maguirei are in place. More 
information regarding the protection of E. maguirei through land 
management designations is contained within Factor D of the Summary of 
Factors Affecting the Species.
    To further ensure these efforts continue post-delisting, the 
Interagency Rare Plant Team has developed the Central Utah Navajo 
Sandstone Endemics Conservation Agreement and Conservation Strategy 
(hereafter referred to as the Conservation Strategy), a multi-year 
joint project by the Forest Service, BLM, NPS, and the Service (Forest 
Service et al. 2006). We believe the Conservation Strategy will ensure 
conservation efforts that have occurred for the species since formation 
of the Interagency Rare Plant Team in 1999 will continue. The 
Conservation Strategy, signed by the Forest Service, BLM, NPS, and the 
Service in September 2006, outlines the procedural provisions under 
which the Federal agencies will manage Erigeron maguirei into the 
foreseeable future (Forest Service et al. 2006, pp. 24-25). In 
addition, the Conservation Strategy documents the conservation actions 
needed to manage potential factors impacting the species and to promote 
the conservation and perpetuation of E. maguirei (Forest Service et al. 
2006, pp. 38-47). The Conservation Strategy can be viewed in its 
entirety at: https://mountain-prairie.fws.gov/species/plants/
maguiredaisy/. Copies can also be obtained from the Utah field office 
(see FOR FURTHER INFORMATION CONTACT).
    Based on the best available data, we have determined that the 
intent of the first criterion has been achieved and the second and 
third recovery criterion have been met. Current estimates suggest 
approximately 97 percent of all known individuals occur on lands with 
formal land management designations that provide for the long-term 
protection of the habitat. This ensures Erigeron maguirei and its 
habitat are protected from loss of individuals and environmental 
degradation.

Summary of Factors Affecting the Species

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth the procedures for listing species, reclassifying 
species, or removing species from listed status. ``Species'' is defined 
by the Act as including any species or subspecies of fish or wildlife 
or plants, and any distinct vertebrate population segment of fish or 
wildlife that interbreeds when mature (16 U.S.C. 1532(16)). Once the 
``species'' is determined we then evaluate whether that species may be 
endangered or threatened because of one or more of the five factors 
described in section 4(a)(1) of the Act. We must consider these same 
five factors in delisting a species. We may delist a species according 
to 50 CFR 424.11(d) if the best available scientific and commercial 
data indicate that the species is neither endangered nor threatened for 
the following reasons: (1) The species is extinct; (2) the species has 
recovered and is no longer endangered or threatened (as is the case 
with the Maguire daisy); and/or (3) the original scientific data used 
at the time the species was classified were in error.
    A recovered species is one that no longer meets the Act's 
definition of threatened or endangered. Determining whether a species 
is recovered requires consideration of the same five categories of 
threats specified in section 4(a)(1) of the Act. For species that are 
already listed as threatened or endangered, this analysis of threats is 
an evaluation of both the threats currently facing the species and the 
threats that are reasonably likely to affect the species in the 
foreseeable future following the delisting or downlisting and the 
removal or reduction of the Act's protections.
    A species is ``endangered'' for purposes of the Act if it is in 
danger of extinction throughout all or a ``significant portion of its 
range'' and is ``threatened'' if it is likely to become endangered 
within the foreseeable future throughout all or a ``significant portion 
of its range.'' The word ``range'' in the significant portion of its 
range (SPR) phrase refers to the range in which the species currently 
exists. For the purposes of this analysis, we will evaluate whether the 
currently listed species, the Erigeron maguirei, should be considered 
threatened or endangered. Then we will consider whether there are any 
portions of the species' range in danger of extinction or likely to 
become endangered within the foreseeable future.
    Foreseeable future is determined by the Service on a case-by-case 
basis, taking into account a variety of species-specific factors such 
as lifespan, genetics, breeding behavior, demography, threat-projection 
timeframes, and environmental variability. In this case, we do not 
foresee any significant changes in the level of threats for Erigeron 
maguirei. Land management designations (described below) provide long-
term security for approximately 97 percent of known plants. Other 
factors once thought capable of significantly impacting the species are 
now predicted to have little or no impact on the species' long-term 
conservation status. While we could consider the species secure in 
perpetuity, such a timeframe would introduce an unreasonable level of 
uncertainty into our analysis. Therefore, for the purpose of our 
analysis, we consider a timeframe over which it would be reasonable to 
expect population level or demographic effects to be detected. For the 
purposes of this proposed rule, we consider ``foreseeable future'' for 
E. maguirei to be up to 30 years. The species has been shown to live 
past 9 years of age and may live between 20 and 30 years (Van Buren and 
Harper 2002, appendices; England 2007). The available data also 
demonstrate that plants may begin flowering as early as 1 year and may 
be able to replace themselves within as little as 2 years, depending 
upon conditions (Van Buren and Harper 2002, appendices). Consideration 
of factors potentially impacting the species for up to 30 years would 
incorporate the long life of an individual and allow for up to 15 
possible generations. We believe this represents a reasonable 
biological timeframe to measure demographic changes that could reflect 
potential threat factors.
    The following analysis examines all five factors currently 
affecting, or that are likely to affect, Erigeron maguirei within the 
foreseeable future.

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

    The current range of Erigeron maguirei includes 9 populations (118 
sites) within 4 meta-populations across approximately 1,010 square km 
(390 square mi) of southeastern Utah. These populations extend from the 
San Rafael Swell south through the Waterpocket Fold of Capitol Reef 
(see Figure 1) (Clark et al. 2006, p. 17). The three largest 
populations, including over 91 percent of all known plants, occur 
primarily within Capitol Reef. One of these three populations (Deep 
Creek) also includes a small portion, less than 1 percent of all the 
known plants, on National Forest lands. The other six populations (Calf 
Canyon, Coal Wash, Secret Mesa, Link Flats, John's Hole, and Seger's 
Hole) are managed primarily by the BLM. A portion of three of these six 
populations (Calf Canyon, Secret Mesa, and Link Flats) also occurs on 
Utah's School of Public Land Trust (SITLA) lands. Table

[[Page 28416]]

1 provides further detail on populations and land ownership.
    When the species was originally listed, the main threat was loss of 
habitat specifically due to mining claims for uranium, energy 
exploration, grazing, and off-road vehicle recreation (50 FR 36089-
36091, September 5, 1985). In addition, flooding has also been seen as 
a potential threat in the recent years. We address these threats to 
Erigeron maguirei below.
    Mineral Exploration and Development Overview--Mineral exploration 
and development were listed as threats in the 1985 listing, in the 1995 
Recovery Plan, and in the 1996 downlisting (50 FR 36089, September 5, 
1985; Service 1995, p. 5; 61 FR 31054, 31056, June 19, 1996). Only one 
active mine exists within the range of Erigeron maguirei populations 
according to the Utah Mineral Occurrence System (Utah Geological Survey 
(UGS) 2007; Clark et al. 2006, p. 9). This mine, the Lucky Strike Mine, 
is discussed below.
    Uranium--Uranium mining began in the western United States in 1871 
(Ringholz 1994, p. 2). In 1952, geologist Charles Steen found the first 
noteworthy deposits of uranium ore in Utah (Ringholz 1994, p. 2). By 
the end of 1962, Utah had produced approximately 9 million tons of ore 
(Ringholz 1994, p. 2). The Atomic Energy Commission held ample uranium 
ore reserves and by 1970 stopped buying uranium (Ringholz 1994, p. 3). 
When nuclear power plants came on-line in the mid-1970s, a brief second 
boom was experienced (Ringholz 1994, p. 3). However, foreign 
competition, Federal regulations, and nuclear fears led to an 
abandonment of domestic uranium mining (Ringholz 1994, p. 3). A recent 
surge in prices has led to a resurgence in prospectors staking and 
buying up uranium claims.
    According to the Utah Mineral Occurrence System database, 12 known 
uranium mineral locations overlap the mapped Erigeron maguirei 
populations (UGS 2007; Clark et al. 2006, p. 16). Only the Lucky Strike 
Mine is active (UGS 2007). This mine occurs along the southern edge of 
the mapped Link Flats population (Central San Rafael Swell Meta-
Population) and is accessed via an existing road that enters the 
population from the south (UGS 2007; Clark et al. 2006, p. 9). It is 
not anticipated that the mine will adversely impact substantial 
portions of this population in the foreseeable future as it lies on the 
periphery of the population and is accessed via an existing road. The 
remaining 11 locations include 6 sites that never produced and 5 sites 
that only reached small production levels (UGS 2007). All 11 of these 
locations occur on the periphery of the mapped populations (UGS 2007; 
Clark et al. 2006, p. 16).
    Uranium is restricted to geologic formations such as the Moss Back 
Member, Monitor Butte Member, and the Mottled Siltstone Unit of the 
Chinle Formation, while the Maguire daisy primarily occurs in the 
Navajo Sandstone geologic formation. The most substantial impact of 
uranium mining would likely be indirectly from crossing suitable 
habitat while accessing the desired geologic formation (Utah Geologic 
Survey (UGS) 2007; Clark et al. 2006, p. 20). Based on the locations of 
past exploration coupled with the geologic requirements of uranium, we 
foresee minimal potential impacts from uranium mining to the species as 
a whole in the foreseeable future.
    Gypsum--Although not specifically mentioned in any previous Service 
threats assessment, gypsum mining also occurs in the vicinity of 
Erigeron maguirei. While E. maguirei does not occur in the geologic 
formation that contains commercial quality gypsum, suitable habitat may 
be crossed while accessing the more desirable geologic formations 
(Clark et al. 2006, p. 20). According to the Utah Mineral Occurrence 
System database, one gypsum occurrence that never produced lies within 
the mapped Deep Creek population within Capitol Reef (UGS 2007). This 
occurrence is located on the periphery of the mapped population and 
within the Primitive Management Zone (Capitol Reef 1998, p. 27; UGS 
2007). NPS regulations protect this population by limiting access 
(Capitol Reef 1998, p. 27). Travel through this Management Zone is 
limited to cross-country hiking or horseback riding on unimproved 
trails and routes (Capitol Reef 1998, pp. 28-29). Within the Primitive 
Management Zone, developments are not permitted and physical 
modifications are not allowed except for natural or cultural resource 
protection (Capitol Reef 1998, p. 29). More importantly, lands are 
withdrawn from mining and mineral exploration in Capitol Reef (Clark et 
al. 2006, p. 21). Therefore, gypsum mining impacts to the E. maguirei 
are not likely in the foreseeable future.
    Oil Shale and Tar Sands--The Conservation Strategy does not 
recognize oil shale and tar sands as a threat (Forest Service et al. 
2006, p. 37). However, the mapped populations of Calf Canyon, Secret 
Mesa, and Link Flats overlap the mapped tar sand areas as depicted on 
the Energy Resources Map of Utah (Automated Geographic Reference Center 
(AGRC) 2001a, 2001b; Clark et al. 2006, p. 9). Tar sands are a mixture 
of sand or clay, water, and extremely heavy crude oil. Typically, strip 
mining is the most efficient method of extraction, but other approaches 
include the injection of steam and/or solvents to reduce the oils 
viscosity allowing the oil to be pumped out of the well.
    Ten percent of the mapped Calf Canyon population overlaps that of 
the mapped high probability tar sand areas and probable tar sand areas 
(AGRC 2001b; Clark et al. 2006, p. 9). The Secret Mesa population 
contains a small area of tar sands (AGRC 2001a; Clark et al. 2006, p. 
9). The Link Flats population contains a small area of tar sands, and 
approximately 2 percent of the mapped area overlaps that of the mapped 
probable and highly probable tar sand areas (AGRC 2001a, 2001b; Clark 
et al. 2006, p. 9). Portions of the mapped Calf Canyon, Secret Mesa, 
and Link Flats populations have been identified in the Draft Oil Shale 
and Tar Sands Resource Management Plan Amendments to Address Land Use 
Allocations in Colorado, Utah, and Wyoming and Programmatic 
Environmental Impact Statement (BLM 2007, pp. 3-127 and 3-163; Clark et 
al. 2006, p. 9). The purpose of the draft programmatic Environmental 
Impact Statement is to describe where oil shale and tar sands resources 
are present, and to decide which areas will be open to application for 
commercial leasing, exploration, and development (BLM 2007, pp. 1-2). 
The final Programmatic Environmental Impact Statement is expected to be 
published in 2008 (BLM 2008b). A final determination on this proposed 
delisting rule will not be completed until the programmatic 
Environmental Impact Statement is finalized; and the Record of Decision 
will be analyzed as part of our final determination. If tar sands 
development does occur in the San Rafael Swell area, the loss of 
significant portions of these populations from this activity is not 
anticipated because the mineral resources occur along the periphery of 
the mapped populations and only contain a small percentage of the 
mapped area.
    Impacts to individual plants from tar sands development may still 
occur. These impacts can be a result of vegetation clearing, habitat 
fragmentation, alteration of topography, changes in drainage patters, 
erosion, sedimentation from runoff, oil and contaminant spills, 
fugitive dust, injury or mortality of individual plants, human 
collection, increased human access, spread of invasive plant species, 
and air pollution (BLM 2007, pp. 5-77). In addition, we believe the 
development of

[[Page 28417]]

tar sands may also impact pollinator species. Given where development 
is likely to occur and the locations of where plants occur, we expect 
impacts to the species to be minor.
    Additionally, protective land management designations apply to the 
Secret Mesa population. Ninety percent of the BLM portion of the mapped 
Secret Mesa population occurs within Sid's Mountain and Devils Canyon 
WSAs (Clark et al. 2005, pp. 16-17; Ivory 2006). As stated previously, 
WSAs are designated as primitive-class areas and are to be managed free 
of evidence of human use and to maintain an environment of isolation 
(BLM 1991a, p. 89). Only temporary uses, and those that create no new 
surface disturbance nor involve permanent placement of structures, are 
permitted within WSAs (BLM 1976, p. 2). All WSAs are closed to use and 
development of minerals (BLM 1991a, pp. 19, 64).
    Oil and Gas Exploration and Development--Oil and gas exploration 
and development were listed as threats in the listing rule, Recovery 
Plan, and downlisting rule (50 FR 36089, September 5, 1985; Service 
1995, p. 5; 61 FR 31054, 31056, June 19, 1996). Oil and gas leases were 
located in the area of the last known Erigeron maguirei site at the 
time of the 1985 listing (50 FR 36090, September 5, 1985).
    Lands within Capitol Reef have been withdrawn from oil and gas 
exploration and development (Forest Service et al. 2006, p. 56). The 
BLM and Forest Service lands are open to oil and gas leasing, but the 
potential for oil and gas is low in the Navajo Sandstone formation 
where Erigeron maguirei occurs (Forest Service et al. 2006, p. 34).
    Within BLM-administered mineral resources, oil and gas leases that 
were issued prior to the BLM Resource Management Plan are managed under 
the stipulations that were in effect when the lease was issued (BLM 
1991a, p. 11). Any leases issued after the Plan was signed must comply 
with the Resource Management Plan (BLM 1991a, p. 11, map 5). The Plan 
identifies specific management prescriptions by ACEC (BLM 1991a, pp. 
14-15). The known Erigeron maguirei populations on BLM administered 
lands occur within the San Rafael Canyon (middle portion), Sid's 
Mountain, Highway I-70 Scenic Corridor, Muddy Creek, and Seger's Hole 
ACECs (Clark et al. 2005, pp. 16-17; Ivory 2006). The San Rafael Canyon 
ACEC (middle portion) is open to leasing, but surface restrictions 
apply (BLM 1991a, p. 14). According to the Conservation Strategy, BLM 
will adjust surface disturbance locations to avoid E. maguirei for 
discretionary and leasable minerals including the San Rafael Canyon 
ACEC (middle portion) (Forest Service et al. 2006, pp. 34, 36-38, 42-
44). The remaining ACECs that contain E. maguirei populations have no-
surface-occupancy stipulations for oil and gas development attached to 
the lease (BLM 1991a, p. 14). Leasing with ``no surface occupancy'' 
means that there will be no development or disturbance whatsoever of 
the land surface, including establishment of wells or well pads, and 
construction of roads, pipelines, or powerlines. WSAs with E. maguirei 
populations, including the Sid's Mountain, Devils Canyon, and Muddy 
Creek WSAs, are open for leasing, but also have no-surface-occupancy 
stipulations (BLM 1991a, pp. 14, 64).
    Seven wells have been sited within the mapped Secret Mesa and Coal 
Wash populations, but all of them have been plugged and abandoned 
(Clark et al. 2006, p. 9; Utah Division of Oil, Gas, and Mining (UDOGM) 
2006a). While limited exploration has occurred, no known oil or gas 
fields exist within the known Erigeron maguirei populations and the 
potential for development is low (AGRC 2001c; Clark et al. 2006, p. 21; 
UDOGM 2006b, Forest Service et al. 2006, p. 34). The only gas field in 
the vicinity of the E. maguirei is the Last Chance Gas Field located 
approximately 11 km (7 mi) west of the Seger's Hole population and 10 
km (6 mi) north of the Deep Creek population (AGRC 2001c; Chidsey et 
al. 2005; Clark et al. 2006, p. 16; UDOGM 2006b). Based on the lack of 
supporting evidence of viable oil and gas fields within the vicinity of 
the E. maguirei and the land management designations affording 
protections to the species, oil and gas exploration and development is 
no longer considered a threat, nor is it likely to become one within 
the foreseeable future.
    Recreational Use--Recreational use, including off-road vehicles and 
human foot traffic, have previously been cited as threats to the 
species (50 FR 36090, September 5, 1985; Service 1995, p. 5; 61 FR 
31056, June 19, 1996). Erigeron maguirei habitat does not occur within 
0.8 km (0.5 mi) of classified or potentially designated motorized 
routes on Fishlake National Forest lands (Forest Service 2006c, pp. 
123, 260-263). According to the Fishlake National Forest Off-Highway 
Vehicle Route Designation Project, it is unlikely that motorized 
traffic would infringe upon the E. maguirei population on Forest 
Service land, thereby, providing protections from this threat to this 
portion of the species' range (Forest Service 2006c, p. 263). Capitol 
Reef, which comprises 91 percent of the species' total population, is 
closed to off-road vehicle use (Clark et al. 2006, p. 20).
    Almost 6 percent of individual plants occur on lands administered 
by the BLM, of which approximately 80 percent occur within an ACEC and/
or WSA (Kass 1990, p. 23; BLM 1991a, pp. 63-64; Clark et al. 2006, p. 
18; Ivory 2006). Four of the six Erigeron maguirei populations that 
occur on BLM lands are within the Sid's Mountain, Muddy Creek, and 
Devils Canyon WSA (Kass 1990, p. 23; Clark et al. 2005, p. 19; Ivory 
2006). These WSAs are either closed to motorized vehicles or use is 
limited to designated roads and trails (BLM 1991a, pp. 63-64, 68, 89; 
Clark et al. 2006, p. 20). San Rafael Canyon (middle portion), Sid's 
Mountain, Highway I-70 Scenic Corridor, Muddy Creek, and Seger's Hole 
ACECs contain five of the six known populations on BLM lands (Clark et 
al. 2005, pp. 16-17; Ivory 2006). These areas have either been closed 
to off-road vehicle use or use has been limited to designated roads and 
trails (BLM 1991a, p. 68).
    Erigeron maguirei is not prone to human disturbance because it 
grows primarily in cliff crevices and on sandstone domes (Clark 2002, 
p. 16). From 2000 to 2002, 60 sites were included within a Capitol Reef 
study on signs of human impacts (Clark 2002, pp. 12-16). Only 2 of 
these sites showed any signs of human impacts (in both cases foot 
traffic through the site) (Clark 2002, pp. 15-16). At one site 
monitored with an electronic counter, visitor use remained fairly 
stable at 10 visitors per week (Clark et al. 2006, p. 21). After over a 
decade of monitoring, human trampling may have impacted some 
individuals, but has not led to a reduction in population survivability 
(Clark et al. 2006, p. 21). Therefore, impacts from recreation are not 
a threat to E. maguirei populations in the foreseeable future.
    Floods--Two of four Capitol Reef sites monitored between 1992 and 
2001 have experienced flash flood events (Van Buren and Harper 2002, p. 
1). At one site, a flash flood event likely resulted in 48 plants being 
lost (Van Buren and Harper 2002, p. 2). However, the species is long 
lived and shows an ability to replace individuals lost to periodic 
flooding (Van Buren and Harper 2002, pp. 4-5). Therefore, flood events 
possessing the potential to meaningfully impact Erigeron maguirei 
populations are unlikely in the foreseeable future.
    Summary of Factor A--Mineral exploration and development, and 
recreational use were listed as threats to Erigeron maguirei in the 
1985 listing

[[Page 28418]]

rule, 1995 Recovery Plan, and 1996 downlisting rule (50 FR 36089, 
September 5, 1985; Service 1995, p. 5; 61 FR 31054, June 19, 1996). 
Since the last Federal action, recovery efforts have increased our 
understanding of the species, its habitat, and its distribution and 
abundance (61 FR 31054-31058, June 19, 1996; Harper and Van Buren 1998, 
p. 2; Clark and Clark 1999, p. 47; Clark 2001, p. 3; Clark 2002, pp. 
13-14; Clark et al. 2005, p. 17; Clark et al. 2006, p. 17). The species 
occurs predominantly within the Navajo Sandstone formation, which has 
low potential for oil and gas development and uranium mining (Forest 
Service et al. 2006, p. 37). Most mineral resources (like gypsum, tar 
sands, and oil shale) occur on the periphery of mapped populations and, 
therefore, are not likely to meaningfully impact any of the 
populations. Impacts from fragmentation are also expected to be minor. 
Land management protections throughout most of the species' range and 
an increased understanding of the species' habitat have reduced the 
threat of recreational use. While potential impacts to individuals 
could occur when either accessing the mineral resources or during 
recreational use, these activities are considered unlikely to 
materialize in a meaningful way in the foreseeable future, would be 
limited to small periphery portions of populations, and would not 
reduce the long-term viability of any of the populations. In addition, 
land management designations, which have been discussed briefly in this 
section and will be discussed in more detail under Factor D, will 
continue to provide protections for E. maguirei and its habitat in the 
foreseeable future.

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

    Erigeron maguirei is not a highly collected or sought-after 
species. One group was known to be propagating E. maguirei for private 
use (a European group was propagating E. maguirei for rock garden 
enthusiasts) (Forest Service et al. 2006, p. 35; Clark 2007b), but no 
longer appears to be offering plants for sale (Megown 2007). To date, 
unauthorized plant and seed collection has not been documented for this 
species (Forest Service et al. 2006, p. 35). Although the Interagency 
Rare Plant Team working under the Conservation Strategy will continue 
to monitor for illegal collection activity (Forest Service et al. 2006, 
p. 35), we do not believe overutilization to be a current threat to the 
species, nor likely to be in the foreseeable future.

C. Disease or Predation

    At the time of listing, plants were observed only in rocky areas 
inaccessible to cattle grazing (50 FR 36090, September 5, 1985), and 
not in canyon bottoms where plants were originally located in 1940 and 
1980. Because the plants could not be relocated in the canyon bottoms, 
scientists believed that predation due to cattle grazing had reduced 
the species' distribution (50 FR 36090, September 5, 1985; 61 FR 31056, 
June 19, 1996; Harper and Van Buren 1998, p. 2). By the time the 
Recovery Plan was drafted, it concluded that the majority of the 
Erigeron maguirei populations were relatively secure from direct 
impacts of livestock trampling, but it could be a localized threat in 
some areas (Service 1995, p. 5). We concluded in the final downlisting 
rule that concentrations of livestock in localized areas, specifically 
wash bottoms that have limited vegetation, may result in E. maguirei 
being grazed by livestock (61 FR 31056, June 19, 1996; Kass 1990, p. 
28). The species is now known to prefer cliffs or rock crevices that 
are inaccessible to livestock (Kass 1990, p. 27; Service 1995, p. 2; 
Clark 2001, p. 15; Clark et al. 2005, pp. 12, 22, 24; Clark et al. 
2006, pp. 21-22; Forest Service et al. 2006, p. 56). Erigeron maguirei 
plants within canyon bottoms are small, incidental occurrences, 
apparently established from seeds dispersed by wind or overland flow 
from source populations on the mesa tops (Heil 1989, p. 25; Kass 1990, 
p. 27; Service 1995, p. 2).
    Although seven of the nine Erigeron maguirei populations occur 
within cattle allotments, all seven of these populations are 
inaccessible to cattle grazing due to terrain conditions (Forest 
Service et al. 2006, p. 56). Of the two remaining populations, the 
Waterpocket Fold population in Capitol Reef, estimated at approximately 
20,000 individuals on 42 sites, has a history of cattle trailing 
(Forest Service et al. 2006, p. 56). Cattle trailing, or moving cattle 
through the area, has occurred at this site about once every 5 years 
for the past 100 years (Clark et al. 2006, pp. 21, 25). Cattle trailing 
has impacted, and is expected to continue to impact, only a few 
individual plants (Clark et al. 2006, pp. 21, 25). The Conservation 
Strategy states that Capitol Reef will monitor for potential impacts as 
well as identify and implement management actions and guidelines that 
will help maintain long-term sustainability and conservation of the 
population (Forest Service et al. 2006, pp. 35-37). Additionally, 
grazing range improvements outside of the range of E. maguirei serve to 
draw cattle further away from E. maguirei populations (Clark et al. 
2006, pp. 21, 25). Because we now know that E. maguirei primarily 
occurs in areas inaccessible to livestock, in combination with the 
increased population and distribution, grazing is no longer considered 
a threat, nor is it likely to become one within the foreseeable future.

D. The Inadequacy of Existing Regulatory Mechanisms

    Prior to the species' 1985 listing, no Federal or State laws 
protected Erigeron maguirei (50 FR 36090, September 5, 1985). Since 
then, substantial protections have been secured. The BLM Management 
Plan has provided protection to E. maguirei and its habitat in the San 
Rafael Swell areas (BLM 1991a; 61 FR 31056, June 19, 1996). The 
completion and implementation of the National Park Service Capitol Reef 
Management Plan has provided protection to the largest populations of 
E. maguirei and its habitat (61 FR 31056, June 19, 1996). Habitat for 
E. maguirei does not occur within 0.8 km (0.5 mi) of classified or 
potentially designated motorized routes on Fishlake National Forest 
lands (Forest Service 2006c, pp. 123, 260-263). In addition, the 
proposed Fishlake National Forest Management Plan would afford 
protections to the remaining portions of the Capitol Reef Meta-
Population through the designation of the Billings Pass Botanical Area 
(Forest Service 2006a, pp. 2c-17, 2c-18, 2c-43; Tait 2006).
    Over 98 percent of known Erigeron maguirei plants occur on lands 
managed by Capitol Reef (91 percent), BLM Price Field Office (6 
percent), and Fishlake National Forest (1 percent) (Clark et al. 2006, 
p. 16) (Table 1). Less than 2 percent of the known population occurs on 
lands administered by SITLA where no protections for E. maguirei exist 
(Clark et al. 2006, p. 16) (Table 1).
    On BLM lands, WSAs are managed according to the Interim Management 
Policy for Lands under Wilderness Review, BLM Handbook 8550-1, until 
Congress either designates them into the National Wilderness 
Preservation System or releases them from wilderness study for other 
purposes (BLM 1976, p. 1). In 1991, BLM recommended to Congress that: 
100 percent of the Muddy Creek WSA be made permanent wilderness; 99 
percent of the Sid's Mountain WSA be made permanent wilderness; and 
none of the Devils Canyon WSA be made permanent wilderness (BLM 1991b, 
pp. 795, 807, 817). The Devils Canyon WSA includes approximately 10 
percent of the BLM portion of the Secret Mesa population

[[Page 28419]]

(Ivory 2007). Given BLM's support for the permanent protection of the 
majority of the WSAs where Erigeron maguirei occurs, we believe 
Congressional release from the National Wilderness Preservation System 
is unlikely.
    Four of the six known populations of Erigeron maguirei that occur 
on lands administered by the BLM are within the Muddy Creek, Sid's 
Mountain, and Devils Canyon WSA (Kass 1990, p. 23; BLM 1991a, pp. 63-
64; Clark et al. 2005, p. 19; Ivory 2006). One-hundred percent of the 
John's Hole and 50 percent of the Seger's Hole populations occur within 
the Muddy Creek WSA (Clark et al. 2006, p. 16; Ivory 2006). Ninety 
percent of the Coal Wash population occurs within the Sid's Mountain 
WSA (Clark et al. 2006, p. 16; Ivory 2006). Ninety percent of the 
portion of the Secret Mesa population on BLM lands occurs within the 
Sid's Mountain and Devils Canyon WSAs (Clark et al. 2006, p. 16; Ivory 
2006). The Links Flats population is the only occurrence on BLM lands 
without any portion of the population protected as a WSA. Table 1 
further illustrates the various protections in place on each of these 
populations.
    Except for grandfathered uses, the lands under wilderness review 
must be managed so as not to impair their suitability for preservation 
as wilderness (BLM 1976, p. 2). Grazing, a non-threat as discussed 
above, is the only grandfathered use exempt from no surface occupancy 
stipulations. No surface disturbance stipulations apply to 
grandfathered mining and mineral extraction. While lands under 
wilderness review may not be closed to future appropriation under the 
mining laws, no surface occupancy stipulations apply in order to 
preserve their wilderness character (BLM 1976, p. 2). Temporary uses 
are permitted within WSAs as long as they create no new surface 
disturbance and do not involve permanent placement of structures (BLM 
1976, p. 2).
    The BLM San Rafael Resource Management Plan was approved on May 24, 
1991 (BLM 1991a). Erigeron maguirei is provided protection through land 
use planning decisions, including the designation of ACECs (BLM 1991a). 
Five of the six known populations of E. maguirei that occur on lands 
administered by the BLM are within the San Rafael Canyon (middle 
portion), Sid's Mountain, Highway I-70 Scenic Corridor, Muddy Creek, 
and Seger's Hole ACECs (Clark et al. 2005, p. 16; Ivory 2006). Twenty-
five percent of Calf Canyon population's range occurs on BLM land, of 
which 95 percent occurs within the San Rafael Canyon ACEC (middle 
portion) (Clark et al. 2006, p. 16; Ivory 2006). One-hundred percent of 
the Coal Wash population occurs within the Sid's Mountain ACEC (Clark 
et al. 2006, p. 16; Ivory 2006). One-hundred percent of the portion of 
the Secret Mesa population on BLM land occurs within the Sid's Mountain 
ACEC or Highway I-70 Scenic Corridor ACEC (Clark et al. 2006, p. 16; 
Ivory 2006). Ten percent of the John's Hole population's range occurs 
within the Muddy Creek ACEC (Clark et al. 2006, p. 16; Ivory 2006). 
Twenty percent of the Seger's Hole population's range occurs within the 
Seger's Hole ACEC (Clark et al. 2006, p. 16; Ivory 2006). The Links 
Flats population is the only occurrence on BLM lands without any 
portion of the population protected as an ACEC. Table 1 further 
illustrates the various protections in place for each population and 
highlights where ACECs and WSAs overlap.
    Special management conditions that apply to all WSAs and ACECs 
include: Open to mineral entry with plans of operations; avoided for 
right-of-way grants; excluded from private and commercial use of 
woodland products, except for limited onsite collection of downed dead 
wood for campfires; designated as closed to off-road vehicle use when 
ACEC is within a WSA or WSA has been designated as primitive, otherwise 
use is limited to designated roads and trails; and they are subject to 
fire suppression with special conditions (BLM 1991a, pp. 14, 64-69, 81-
89).
    The Highway I-70 Scenic Corridor, Muddy Creek, Seger's Hole, and 
Sid's Mountain ACECs are open to mineral leasing, but no-surface-
occupancy stipulations must be attached to the lease. These areas are 
also closed for disposal of mineral materials; open to range 
improvements with special conditions; excluded from land treatments; 
and are designated as Visual Resource Management Class I (described 
above) (BLM 1991a, pp. 14, 64, 81-82). An exception to the no-surface-
occupancy stipulation may be granted in the Highway I-70 Scenic 
Corridor ACEC if an environmental assessment concludes that the 
proposed action would not adversely affect scenic values (BLM 1991a, 
pp. 14, 81-82).
    The San Rafael Canyon ACEC (middle portion) is open to mineral 
leasing with surface restrictions; open for disposal of mineral 
materials with special conditions; excluded from range improvements and 
land treatments unless used to protect or improve riparian values; and 
is designated as Visual Resource Management Class II (BLM 1991a, pp. 
14, 64, 81-82). The objective of this class is to retain the existing 
character of the landscape. The level of change to the characteristic 
landscape should be low. Management activities may be seen, but should 
not attract the attention of the casual observer. Any changes must 
repeat the basic elements of form, line, color, and texture found in 
the predominant natural features of the characteristic landscape.
    The Highway I-70 Scenic Corridor, Muddy Creek, San Rafael Canyon 
(Middle Portion), Seger's Hole, and Sid's Mountain ACECs are ma