Endangered and Threatened Wildlife and Plants; Listing Ipomopsis polyantha, 35721-35746 [2010-15251]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Proposed Rules]
[Pages 35721-35746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15251]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2010-0015]
[MO 92210-0-0008-B2]
RIN 1018-AV83


Endangered and Threatened Wildlife and Plants; Listing Ipomopsis 
polyantha (Pagosa Skyrocket) as Endangered Throughout Its Range, and 
Listing Penstemon debilis (Parachute Beardtongue) and Phacelia 
submutica (DeBeque Phacelia) as Threatened Throughout Their Range

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 
list Ipomopsis polyantha (Pagosa skyrocket), a plant species from 
southwestern Colorado, as endangered throughout its range, and 
Penstemon debilis (Parachute beardtongue) and Phacelia submutica 
(DeBeque phacelia), two plant species from western Colorado, as 
threatened throughout their ranges under the Endangered Species Act of 
1973, as amended (Act). This proposal, if made final, would extend the 
Act's protections to these species throughout their ranges. The Service 
seeks data and comments from the public on this proposal.

DATES: We will consider comments received or postmarked on or before 
August 23, 2010. We must receive requests for public hearings, in 
writing, at the address shown in the FOR FURTHER INFORMATION CONTACT 
section by August 9, 2010.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments on Docket No. FWS-R6-
ES-2010-0015.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: [FWS-R6-ES-2010-0015]; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222, Arlington, VA 22203.
    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: Patty Gelatt, Acting Western Colorado 
Supervisor, U.S. Fish and Wildlife Service, Ecological Services Field 
Office, 764 Horizon Drive, Building B, Grand Junction, CO 81506-3946; 
telephone 970-243-2778, extension 26; fax 970-245-6933. If you use a 
telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from the public, other government agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule. We particularly seek comments 
concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these species and regulations that may 
be addressing those threats;
    (2) Additional information concerning the range, distribution, and 
population sizes of these species, including the locations of any 
additional occurrences of these species;
    (3) Any information on the biological or ecological requirements of 
these species;
    (4) Current or planned activities in the areas occupied by these 
species and possible impacts of these activities on these species;
    (5) Which areas would be appropriate as critical habitat for these 
species and why they should be proposed for designation as critical 
habitat; and
    (6) The reasons why areas should or should not be designated as 
critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et 
seq.), including whether the benefits of designation would outweigh 
threats to these species that designation could cause, such that the 
designation of critical habitat is prudent.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
consider comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If you provide 
personal identifying information in your hardcopy comments, 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

[[Page 35722]]

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 U.S. Fish and 
Wildlife Service, Western Colorado Ecological Services Field Office 
(see FOR FURTHER INFORMATION CONTACT section).
    Final promulgation of the regulations concerning the listing of 
these species will take into consideration all comments and additional 
information that we receive, and may lead to a final regulation that 
differs from this proposal.

Species Information and Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533) and implementing regulations 
(50 CFR 424) set forth the procedures for adding species to the Federal 
Lists of Endangered and Threatened Wildlife and Plants. Under section 
4(a)(1) of the Act, a species may be determined to be endangered or 
threatened based on any of the following five factors: (A) The present 
or threatened destruction, modification, or curtailment of its habitat 
or range; (B) overutilization for commercial, recreational, scientific, 
or educational purposes; (C) disease or predation; (D) the inadequacy 
of existing regulatory mechanisms; or (E) other natural or manmade 
factors affecting its continued existence.
    Below is a species-by-species analysis of these five factors. The 
species are considered in the following order: Ipomopsis polyantha, 
Penstemon debilis, and Phacelia submutica.

Background--Ipomopsis polyantha

Previous Federal Actions

    We first identified Ipomopsis polyantha as a taxon under review in 
the 1983 Supplement to Review of Plant Taxa for Listing as Endangered 
or Threatened Species (48 FR 53640, November 28, 1983). In that 
document, we included the species as a Category 2 candidate, based on 
our evaluation at that time. Category 2 candidate species were formerly 
defined as ``taxa for which information now in the possession of the 
Service indicates that proposing to list the taxa as Endangered or 
Threatened species is possibly appropriate, but for which sufficient 
data on biological vulnerability and threat(s) are not currently known 
or on file to support proposed rules'' (48 FR 53641, November 28, 
1983). We published our decision to discontinue candidate categories 
and to restrict candidate status to those taxa for which we have 
sufficient information to support issuance of a proposed rule on 
December 5, 1996 (61 FR 64481), This resulted in the deletion of 
Ipomopsis polyantha from the list of candidate taxa for listing. Since 
1996, threats to the species have become more numerous and more 
widespread. We added the species to the list of candidates again in the 
2005Candidate Notice of Review (CNOR) (70 FR 24873, May 11, 2005) with 
a listing priority number (LPN) of 2. Candidates are taxa for which we 
have sufficient information on biological vulnerability and threats to 
support preparation of a listing proposal, but for which development of 
a listing regulation is precluded by other higher priority listing 
activities. Candidate species are assigned an LPN (1-12, with 1 being 
the highest priority) based on magnitude and immediacy of threats and 
taxonomic status. A listing priority of 2 reflects threats that are 
imminent and high in magnitude, as well as the taxonomic classification 
of I. polyantha as a full species. We published a complete description 
of our listing priority system in the Federal Register (48 FR 43098, 
September 21, 1983).

Species Information

    Ipomopsis polyantha is a rare plant endemic to shale outcrops in 
and around Pagosa Springs in Archuleta County, Colorado. Suitable 
habitat for the species is identified on about 191 acres (ac) (77 
hectares (ha)) on the east edge of town, and on about 23 ac (9 ha) 
approximately 10 miles (mi) (16 kilometers (km)) west of town. 
Approximately 9 percent of the suitable habitat is on land managed by 
the Bureau of Land Management (BLM) land, 12 percent on State and 
County highway rights-of-way (ROWs), 78 percent on private lands, and 
less than 1 percent on Pagosa Springs park land and county land 
(Colorado Natural Areas Program (CNAP) 2007, pp. 1-5; Lyon 2005, pp. 1-
5; Lyon 2006a, pp. 1-2; Lyon 2006b, p. 1).
    The Colorado Natural Heritage Program (CNHP) ranks Ipomopsis 
polyantha as critically imperiled globally (G1) and in the State of 
Colorado (S1) (CNHP 2006a, p. 1). The Nature Conservancy (TNC) and CNHP 
also developed a scorecard that ranks I. polyantha among the most 
threatened species in the State based on number of plants, quality of 
the plants and habitat, threats, and adequacy of protection (CNHP and 
TNC 2008, p. 102).
    Ipomopsis polyantha is in the Polemoniaceae (phlox) family and was 
originally described by Rydberg (1904, p. 634) as Gilia polyantha. 
Grant (1956, p. 353) moved the species into the genus Ipomopsis. Two 
varieties,G. polyantha var. brachysiphon and G. polyantha var. 
whitingii, were recognized by Kearney and Peebles (1943, p. 59). 
Currently available information indicates that I. polyantha is a 
distinct species (Porter and Johnson 2000; Porter et al. 2003 in 
Anderson 2004, p. 11). It is treated as such in the PLANTS database 
(United States Department of Agriculture (USDA)/Natural Resource 
Conservation Service (NRCS) 2003), and in the Integrated Taxonomic 
Information System (2001).
    Ipomopsis polyantha is an herbaceous biennial 12 to 24 inches (in.) 
(30 to 60 centimeters (cm)) tall, branched from near the base above the 
basal rosette of leaves. Deeply divided leaves with linear segments are 
scattered up the stem. Stems and flower clusters are covered with 
glandular hairs. Flower clusters are along the stem in the axils of the 
leaves as well as at the top of the stem. The white flowers are 0.4 in. 
(1 cm) long, with short corolla tubes 0.18 to 0.26 in. (0.45 to 0.65 
cm) long, and flaring corolla lobes flecked with purple dots (Anderson 
1988, p. 3). These dots are often so dense that they give the flower a 
pinkish or purplish hue. The stamens extend noticeably beyond the 
flower tube, and the pollen is blue (Grant 1956, p. 353), changing to 
yellow as it matures (Collins 1995, p. 34). First-year plants form 
basal rosettes of leaves. These rosettes produce flowering stalks 
during the next growing season, or they may persist for more than 1 
year without flowering, until they get enough moisture to flower Plants 
produce abundant fruits and seeds, but have no known mechanism for long 
distance dispersal (Collins 1995, pp. 111-112). After seeds are mature, 
the plants dry up and die.
    Pollination by bees is the most common means of reproduction for 
Ipomopsis polyantha, and the primary pollinators are a honey bee (Apis 
mellifera), metallic green bee (Augochlorella spp.), bumble bee (Bombus 
spp.), and digger bee (Anthophora spp.) (Collins 1995, pp. 71-72).
    Ipomopsis polyantha is limited to Pagosa-Winifred soils derived 
from Mancos Shale. The soil pH is nearly neutral to slightly alkaline 
(6.6 to 8.4). The elevation range is 6,800 to 7,300 feet (ft) (2,072 to 
2,225 meters (m)). Plants occur in discontinuous colonies as a pioneer 
species on open shale or as a climax species along the edge of 
ponderosa pine/juniper/oak forested areas. In 1988, Anderson (p. 7) 
reported

[[Page 35723]]

finding the highest densities under ponderosa pine forests with montane 
grassland understory. Now the species is found mostly on sites that are 
infrequently disturbed by grazing, such as road rights-of-way (ROWs) 
that are fenced from grazing (as opposed to open range), lightly grazed 
pastures, and undeveloped lots (Anderson 2004, p. 20).
    Habitat for the species is characterized as suitable, potential, or 
unsuitable. Suitable habitat has the attributes of soil and elevation 
described above, and we further separate it into occupied habitat where 
the plants have been observed and unoccupied habitat where soil and 
elevation are suitable but no plants have been observed or no surveys 
have been conducted. Potential habitat is identified remotely, using 
aerial photographs, soil maps, and other available information, to 
build a model of habitat that may support I. polyantha. The model has 
not been ground-truthed in the field. Unsuitable habitat is found at 
elevations and on soils that do not fit the profile for the species, or 
habitat that has been altered by development, paving, or other human 
activities so that the plants are prevented from growing there.
    There are two known occurrences of Ipomopsis polyantha. Between its 
description by C.F. Baker in 1899, and inventories in 1985, I. 
polyantha was only known from along U.S. Route 84 (US 84) in the 
vicinity of Pagosa Springs, Colorado (Anderson 1988, pp. 1-2, 15-16). 
The Pagosa Springs occurrence is still the largest occurrence of the 
species. In 1985, an additional occurrence was found about 10 mi (16 
km) west of town along U.S. Route 160 (US 160) in a rural area called 
Dyke (Anderson 1988, pp. 1-2). In 2002, another occurrence was 
documented in a rural area called Mill Creek, about 1.2 mi (1.9 km) 
east of Pagosa Springs (Anderson 2004, p. 13; CNHP 2008a, ID 228). The 
Mill Creek area is now included in the Pagosa Springs occurrence, in 
accordance with NatureServe criteria: occurrences are separated by at 
least 0.62 mi (1 km) of unsuitable habitat or 1.24 mi (2 km) of 
suitable habitat (NatureServe 2004, p. 1). The two known occurrences 
are within about 13 mi (21 km) of each other, and collectively occupy 
approximately about 50 ac (20 ha) of habitat within a range that 
includes about 4 square mi (10.4 square km). Table 1 summarizes known 
occupied habitat (50 ac (20 ha)) combined with suitable habitat not 
verified as occupied within the two I. polyantha occurrences (total 234 
ac (94 ha)).

 Table 1. Occupied and Unsurveyed Suitable Habitat for Ipomopsis polyantha (CNAP 2007, pp. 1-5; Lyon 2005, p. 1;
                            Lyon 2006a, p. 1-2; Mayo 2008a, p. 1; CNHP 2008a, ID 228)
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                                                                                         Flowering
                Occurrence                          Land Ownership           ac (ha)       Plants      Rosettes
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Pagosa Springs including Mill Creek         State ROW                         19 (7.7)        3,029        3,083
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                                            County ROW                         3 (1.2)          126           NA
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                                            Archuleta County                   1 (0.4)          280           NA
 
                                            Town of Pagosa Springs             1 (0.4)            3           15
 
                                            Private (suitable)                184 (74)   Unsurveyed           NA
 
                                            Private Corporation                3 (1.2)      156,126      173,189
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Subtotals                                                                     211 (85)      159,564      176,287
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Dyke                                        State ROW                          3 (1.2)          141          176
 
                                            BLM                                 20 (8)           88          164
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Subtotals                                                                       23 (9)          229          340
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Totals                                      All                               234 (94)      159,793      176,627
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    The total occupied and surveyed habitat for Ipomopsis polyantha 
covers about 50 ac (20 ha). Suitable habitat for the species has been 
identified on about 211 acres (ac) (85 hectares (ha)) on the east side 
of town, and on about 23 ac (9 ha) approximately 10 miles (mi) (16 
kilometers (km)) west of town. Approximately 9 percent of the suitable 
habitat is on federally owned Bureau of Land Management (BLM) land, 12 
percent on State and County highway ROWs, 78 percent on private lands, 
and less than 1 percent on Pagosa Springs Town park land and county 
land (Colorado Natural Areas Program (CNAP) 2007). An estimated 184 ac 
(74 ha), or 79 percent, of the suitable habitat exists on private 
residential and agricultural land where plants have been observed from 
a distance, but surveys have not been conducted. Without access to 
these private lands, the extent of occupancy cannot be assessed.
    The historical range of Ipomopsis polyantha is unknown, but likely 
included a much broader area than the currently occupied habitat. Many 
surveys of potential habitat in the Pagosa Springs area have been 
conducted over the years with negative results. Potential habitat on 
about 2,018 ac (817 ha) within the known range has not been surveyed 
due to lack of access to private lands. All of this potential habitat 
is close to or surrounded by suitable habitat, and is currently 
proposed for development, including: Blue Sky Village 96 ac (39 ha); 
Blue Sky Ranch 1,362 ac (551 ha); and Fairway 560 ac (227 ha) (see 
Threat Factor A below).
    None of the potential habitat identified to date extends beyond the 
approximately 4-square-mi (10.4-square-km) occupied range of the 
species. Reports of this species occurring in Arizona and New Mexico by 
the PLANTS National Database and State floras actually pertain to the 
two species that were formerly treated as varieties of Ipomopsis 
polyantha (Anderson 2004, pp. 11, 15).

[[Page 35724]]

    The Pagosa Springs occurrence of Ipomopsis polyantha is southeast 
of the town along both sides of US 84. Occupied habitat extends 
southward on the highway ROW for 3 mi (4.8 km) from the intersection 
with US 160, and on private lands on both sides of the highway within 
0.25 to 1.2 mi (0.4 to 1.9 km). In 1985, the estimated number of 
flowering plants in this occurrence was 2,000 (Anderson 1988, p. 8). 
During 2005-2006, 3,029 flowering plants and 3,083 rosettes were 
counted on about 19 ac (7.7 ha) of highway ROW and immediately adjacent 
private lands (CNAP 2007, pp. 1-5; Lyon 2005, p. 1; Lyon 2006a, pp. 1-
2). In 2005, an additional 156,126 plants and 173,189 rosettes were 
found on a 3-ac (1.2-ha) private land site, which was a high density of 
plants on a site where no plants had been observed in previous years 
(Lyon 2005, pp. 3-4; Lyon 2007b, p. 1). The plants were found on a 
hillside of Mancos Shale about 7 years after it was bladed, and are 
still growing there because the ground has not been disturbed during 
the growing season (Lyon 2007b, p. 2). I. polyantha quickly colonizes 
unvegetated Mancos Shale near a seed source. The number of flowering 
plants that appear in subsequent years depends on seed production and 
the survival of rosettes that are not outcompeted by other species or 
destroyed during ground disturbance.
    In addition to the surveyed plants and rosettes, many flowering 
Ipomopsis polyantha plants have been seen, but not counted, on private 
residential/agricultural parcels along US 84 (Lyon 2006a, p. 1). An 
estimated 184 ac (74 ha) of unsurveyed suitable habitat on private 
lands exist within the Pagosa Springs occurrence.
    The Dyke occurrence includes 0.5 mi (0.8 km) of highway ROW on both 
sides of US 160, adjacent private land, and about half of a 40-ac (16-
ha) BLM parcel on the north side. On both of the ROWs and adjacent 
pastures, more than 500 flowering plants were estimated in 1985 
(Anderson 1988, p. 10). In 1991, about 250 plants were counted in 
unused pasture on the south side, but no plants were found in 
subsequent years after cattle were returned to the pasture (Collins 
1995, pp. 111-112). The number of flowering plants and rosettes on the 
US 160 ROW have fluctuated each year between 2005 and 2008. On the 
north side ROW, the number of flowering plants and rosettes declined by 
80 percent over the 4 years, to 9 and 8 respectively. On the south side 
ROW, flowering plants increased 176 percent (to 141 plants), and 
rosettes declined 9 percent (to 179 rosettes) (Mayo 2008a, p. 1). The 
approximately 20-ac (8-ha) BLM parcel is the only federally managed 
habitat for the species. There, in 2006, 88 flowering plants and 164 
rosettes were found in clearings among ponderosa pine and shrubs (CNAP 
2007, p. 2).
    In addition to these extant occurrences, about 13 plants and 18 
rosettes were found on a roadside in a residential area north of Pagosa 
Springs in 2005. We do not consider this occurrence as extant, because 
no plants have been found there since 2005. Surveys of roadsides and 
private lands in this vicinity, and on additional potential habitat 
north of town, have not detected any individuals of the species (Lyon 
2005, p. 3).
    In 2004, the total estimate of flowering plants throughout the 
entire range of the species was 2,246 to 10,526 (Anderson 2004, p. 40). 
Plant surveys from 2005 to 2007 document dramatic increases in the 
number of flowering individuals and rosettes within the Pagosa Springs 
occurrence at two sites on private land and on the US 84 ROW (CNAP 
2007, pp. 1-2). Currently, the total estimate of flowering plants is 
159,793 (see Table 1 above). This increase is primarily attributed to 
the plants surveyed in 2005 and 2006 on the 3-ac (1.2-ha) private land 
site in the Pagosa Springs occurrence. The rapid appearance of such a 
dense patch of plants illustrates the specie's ability to colonize 
barren Mancos Shale soil, and demonstrates the reproductive success of 
the species; however, the sites where they grow are vulnerable to 
habitat destruction. The trend in the species' status since 1988 is one 
of fluctuating population size that is typical of biennial species, 
combined with the loss of some plants due to development.

Summary of Factors Affecting Ipomopsis polyantha

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

    Ipomopsis polyantha is threatened with destruction of plants and 
habitat due to commercial, residential, and agricultural property 
development, and associated new utility installations and access roads. 
We have documented recent losses of habitat and individuals at six 
sites within the Pagosa Springs occurrence of the species, as described 
in more detail below.
    Within the Pagosa Springs occurrence, a residential and 
agricultural development of about a dozen 35-ac (14-ha) parcels was 
built prior to 2005 on occupied habitat east of US 84 (Archuleta County 
Assessor 2008, p. 1). In 2005, when most residences were new, about 782 
flowering plants were counted in meadows and along the fences and 
access roads (Lyon 2005, pp. 1-2). By 2008, an increased number of 
horses were pastured in the meadows, roadsides and driveways were 
graded or widened, and few plants could be found as a result (Mayo 
2008b, p. 1). This information indicates that Ipomopsis polyantha 
plants are vulnerable to grazing and road improvements, and habitat can 
be modified to exclude plants in as few as 3 years. In 2006, at another 
location along US 84, a private landowner mowed several hundred feet of 
occupied habitat on the highway ROW (Lyon 2006a, p. 1). No plants were 
found at this site from 2006 to 2008, indicating that mowing destroys 
plants and halts reproduction. In 2005, dense patches of flowering 
plants were noted, from across the fence, in a privately owned meadow 
along US 84. In 2007, a new home was built, and the meadow was mowed; 
no plants could be seen at the same site in 2008 (Mayo 2008b, p. 2), 
again indicating that mowing destroys plants and inhibits reproduction. 
During 2005 and 2006, a sewer line installation on the US 84 ROW 
resulted in the loss of about 498 plants and 541 rosettes, and 
modification of about 1,473 ft (449 m) of roadside habitat (Mayo 2008c, 
p. 8). The Colorado Department of Transportation (CDOT) and Archuleta 
County consulted with us, and agreed on avoidance measures for this 
project, but contractors failed to follow the protocol (Mayo 2008c, pp. 
1-4). In 2008, only a few flowering plants and rosettes were found at 
this site; all of the plants were in one spot near plants on an 
adjacent property not disturbed by the sewer line project (Mayo 2008c, 
p. 8). This incident demonstrates that I. polyantha cannot quickly 
recover from soil disturbance.
    Utility installations and construction activities can eliminate 
habitat and destroy Ipomopsis polyantha. As a result of careful 
planning, in 2007, power line maintenance was completed within occupied 
habitat in the Pagosa Springs occurrence with negligible damage to 
adult plants. Rosettes in the path of maintenance actions were 
transplanted to suitable habitat in the town park. The 278 transplants 
survived the winter and produced about 27 flowering plants. However, no 
surviving rosettes could be relocated in the fall (Coe 2007, pp. 2-3). 
A second attempt at transplanting rosettes to save them from 
destruction during utility installations also has not been effective

[[Page 35725]]

in producing new rosettes in the third year (Brinton 2007, pers. 
comm.). Unless effective methods are developed, most plants that cannot 
be avoided during utility installations and construction activities are 
unlikely to survive and reproduce. Whether the species can survive 
translocation under other circumstances remains uncertain.
    Primary land use within the range of Ipomopsis polyantha has 
historically been agricultural, with homes and horses or cattle on 
parcels of 35 ac (14 ha) or more. Several small businesses now occur 
along US 84 within the Pagosa Springs occurrence. The intersection of 
US 160 and US 84 is zoned by the Town of Pagosa Springs for businesses, 
and commercially zoned land is currently available for development. The 
County is also considering sites in this area for new municipal 
buildings; one of the sites under consideration contains the highest 
density of I. polyantha occurrence. These current and potential 
conversions of agricultural lands to residential and commercial 
development are incompatible with conservation of I. polyantha in the 
long term because they cause direct mortality and permanent loss of 
habitat, whereas habitat modified by grazing may be recovered by 
changes in management.
    The privately owned property across the entire range of Ipomopsis 
polyantha was scheduled for development in the Archuleta County and 
Town of Pagosa Springs Community Plan (2000). In this plan, all areas 
occupied by I. polyantha on private land outside of the Town limits are 
planned for low (35 ac (14 ha)), medium (3 to 35 ac (1.2 to 14 ha)), or 
high (2 to 5 ac (0.81 to 2 ha)) density housing. Residential 
development is increasing rapidly in the County. The population of 
Archuleta County was 5,000 in 1990; the projection is 15,000 people by 
2010 and 20,000 by 2020 (Archuleta County and Town of Pagosa Springs 
2000, pp. 5-7). Based on the rate of current and proposed development 
over the entire range of the species, 85 percent of occupied and 
suitable habitat and all potential habitat could be modified or 
destroyed within 5 to 10 years, putting the species at risk of 
extinction.
    The County plan for agricultural and large-lot residential 
development along US 84 became obsolete in 2008, with the Pagosa Town 
Council's preliminary approval of a 96-ac (39-ha) Blue Sky Village 
annexation (Aragon 2008a, pp. 1-2). The proposed development plan is 
for a mixed commercial and high-to-low density residential village 
(Hudson 2008, p. 1). The 96-ac (39-ha) parcel is adjacent to the 
highest density of Ipomopsis polyantha plants, and includes about 2,562 
ft (781 m) of potential habitat on US 84 frontage at the center of the 
species' distribution (Archuleta County Assessor 2008, p. 1). Occupied 
habitat also borders the southern edge of the property. Reducing 
habitat available to the Pagosa Springs occurrence of I. polyantha will 
limit its ability to disperse and repopulate after impacts.
    In addition to the loss of potential habitat on private land for 
the plants, the proposed annexation will require access roads, utility 
installations, and acceleration and deceleration lanes along the 
highway ROW. Plants and habitat will likely be destroyed by this 
infrastructure construction. The Blue Sky Village development will 
significantly reduce the amount of potential habitat within the 
species' range. Location of the development between the highest density 
of plants and the rest of the Pagosa Springs occurrence on the east 
side of US 84 will further fragment the habitat that has already been 
impacted by commercial, residential, and agricultural land uses.
    The Blue Sky Ranch development of 1,362 ac (551 ha), plus 2,819 ft 
(859 m) of US 84 frontage, is another annexation being considered 
within potential Ipomopsis polyantha habitat. This project would 
include single and multi-family residential housing, a hotel and 
conference center, a golf course with clubhouse, and an equestrian 
center with riding trails and a multi-use arena (Aragon 2008b, p. 2).
    A development of 560 ac (227 ha), including about 1 mi (1.6 km) of 
frontage along the west side of US 84, also is being considered for 
annexation within potential habitat that has not been surveyed for 
plants (Aragon 2008a, p. 2; Archuleta County Assessor 2008, p. 1).
    The above three development proposals within the Pagosa Springs 
occurrence cover a total of 2,018 ac (817 ha) of potential habitat for 
the plants that have not been surveyed due to restricted access. The 
proposed developments include frontage along the US highway 84 ROW that 
currently provides 34 percent of the total habitat occupied by the 
plants (Archuleta County 2008, p. 1). Plants and habitat on this ROW 
are likely to be disturbed or removed by construction of new access 
roads, acceleration lanes, and utilities to accommodate the 
development.
    The Archuleta County and Town of Pagosa Springs revised 2004 Trails 
Plan (2004, p. 18) calls for an 8-ft (2.4 m) wide, 2.5-mi (4 km) long, 
paved bike path on the highway ROW from US 160 south along US 84 in 
occupied Ipomopsis polyantha habitat. This route, prioritized for 
completion as soon as funding is available, would eliminate about 50 
percent of the occupied habitat on the highway ROW and 80 percent of 
the total occupied area in the Pagosa Springs occurrence (see Table 1 
above). Another planned paved bike trail, parallel to US 160 and 
through the Dyke occurrence of I. polyantha, is on the low priority 
list in the Trails Plan (Archuleta County and Town of Pagosa Springs 
2004, p. 28). Development of this bike trail would eliminate the 
portion of the Dyke occurrence located on the south side of the highway 
where the trail would be located.
    Distribution of Ipomopsis polyantha on highway ROWs makes this 
species susceptible to threats associated with highway activities and 
maintenance. Exotic grasses planted by CDOT along roadsides dominate 
the ROW between pavement and ditch, limiting most I. polyantha plants 
to the ROW bank between ditch and fence. This limitation to the 
species' habitat along roadsides is significant because so little 
habitat exists elsewhere for the species. I. polyantha plants growing 
among thistles were killed by herbicide within the highway ROW along US 
84 in 2004, when the thistles were treated with herbicide (Anderson 
2004, p. 36). Since that time, Archuleta County has discontinued 
broadcast herbicide use and mowing on ROWs within the species' range. 
However, the planted exotic grasses continue to limit the species' 
habitat.
    Highway ROWs provide about 50 percent of the occupied habitat for 
Ipomopsis polyantha. All highway ROW habitat is at risk of disturbance 
by construction of new access roads or acceleration lanes, bike paths, 
and utilities installation or maintenance. Such construction results in 
direct loss of I. polyantha individuals or reduced suitability of its 
habitat by altering the soil characteristics or displacing the seed 
bank (Anderson 2004, p. 36).
    We determined that the present and threatened destruction, 
modification, and fragmentation of Ipomopsis polyantha habitat from 
ongoing commercial and residential development, associated new utility 
installations, construction of new access roads and bike paths, 
competition from introduced roadside grasses and other impacts 
associated with proximity to highways are significant and imminent 
threats to the species throughout its range. At this time, the species 
primarily persists on highway ROWs and private lands scheduled for 
development. Development planned for

[[Page 35726]]

the next 5 to 10 years will likely: (1) Impact over 2,000 ac (809 ha) 
of potential habitat; (2) potentially eliminate 167 of the 214 ac (68 
of 87 ha) of existing occupied and suitable habitat on private lands; 
and (3) potentially eliminate about 34 percent of the highway ROW 
(occupied) habitat. Combined, these impacts would relegate the species 
primarily to small, fragmented portions of highway ROWs and a few, 
small, lightly-used private pastures putting the species in danger of 
extinction.

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

    Activities resulting in overutilization of Ipomopsis polyantha 
plants for commercial, recreational, scientific, or educational 
purposes are not known to exist. Therefore, this factor is not 
addressed in this proposal.

C. Disease or Predation

Disease
    Disease is not known to affect Ipomopsis polyantha. Therefore, 
disease is not addressed in this proposal.
Predation
    This species is threatened by destruction of flowering plants, 
rosettes, and seeds due to concentrated livestock disturbance and some 
herbivory. Observations of the ``fence line effect''--healthy plants 
outside the fence and impacted plants inside the fence--at several 
locations on private land used for cattle and horse grazing indicate 
that Ipomopsis polyantha does not tolerate intensive livestock grazing 
(Anderson 2004, p. 30). For example, grazing by horses at a 
residential/agricultural development within the Pagosa Springs 
occurrence in 2005 resulted in few I. polyantha plants 3 years later 
(Mayo 2008b, p. 1). Over-the-fence observations from seven locations 
(pastures) in 2009 found few or no plants in the three heavily grazed 
pastures and numerous plants in the adjacent pastures with light or no 
grazing (Glenne 2010, pp. 1-3). We have no data to indicate whether the 
plant destruction results from herbivory or from trampling. I. 
polyantha is not found in heavily grazed pastures, but occurrences have 
been observed in lightly grazed horse pastures and abandoned pastures 
(CNAP 2007, p. 6). Plants could possibly recolonize a pasture if 
livestock numbers were reduced sufficiently and the seed bank was still 
viable, or if there was a seed source nearby, such as on the ungrazed 
side of a fence. Indications are that the species may be compatible 
with light grazing, but the level of impact and the threshold of 
species' tolerance have not been studied. Evidence indicates that few 
plants persist in areas of continual grazing (Collins 1995, pp. 107, 
111, 112). We determined that destruction of flowering plants, 
rosettes, and seeds due to heavy livestock use is a significant and 
imminent threat to I. polyantha.
D. The Inadequacy of Existing Regulatory Mechanisms
Local Laws and Regulations
    City and county ordinances have the potential to affect Ipomopsis 
polyantha and its habitats. Zoning that protects open space can retain 
suitable habitat, and zoning that allows commercial development can 
destroy or fragment habitat. We know of no city or county ordinances 
that provide for protection or conservation of I. polyantha or its 
habitat. Archuleta County road maintenance crews refrain from mowing or 
broadcast spraying ROWs within the range of Ipomopsis polyantha 
voluntarily, that is, without the mandate or support of regulations. 
However, there is no law, regulation, or policy requiring them to do 
so.
    New annexation of 2,018 ac (817 ha) into the Town of Pagosa Springs 
will change land use from 35-ac (14-ha) agricultural parcels to 
commercial and small lot residential, with anticipated adverse impacts 
to the Pagosa Springs occurrence of I. polyantha. This land use 
conversion, as described in Factor A above, is the most significant 
threat to the species, because development planned for the next 5 to 10 
years will likely impact all known potential habitat and 17 of 25 ROW 
acres (6.9 of 10 ha), and relegate the species to private residential 
areas and small, fragmented portions of highway ROWs.
State Laws and Regulations
    No State regulations protect rare plant species in Colorado. 
Ipomopsis polyantha is classified by CNHP as a G1 and S1 species, which 
means it is critically imperiled across its entire range and within the 
State of Colorado (CNHP 2006a, p. 1). The CDOT has drafted best 
management practices for ROWs within I. polyantha habitat in 
collaboration with the Service (Peterson 2008, p. 1). In 2006, 
voluntary measures to minimize impacts to plants from a sewer line 
installation along US 84 were recommended by CDOT, but not implemented 
by the contractors (Mayo 2008c, pp. 1-4).
Federal Laws and Regulations
    Ipomopsis polyantha is on the sensitive species lists for the U.S. 
Forest Service (USFS) and the BLM (USFS 2009, p. 6; BLM 2008b, p. 47). 
Occupied habitat has not been found on USFS land. In 2006, we learned 
that the Dyke occurrence extends onto 20 ac (8 ha) of BLM land (Lyon 
2007b, pp. 3, 12, 13); 88 plants and 164 rosettes were found there in 
2007 (CNAP 2007, p. 2). This BLM parcel was withdrawn from a proposed 
land exchange so that the plant habitat would remain under Federal 
management (Brinton 2009, pers. comm.; Lyon 2007b, p. 3). The species 
has no Federal regulatory protection for approximately 91 percent of 
the total known occupied and suitable habitat. It occurs mostly on 
State and private land (see Table 1 above), and development of these 
areas will likely require no Federal permit or other authorization. 
Therefore, projects that affect it are usually not analyzed under the 
National Environmental Policy Act (NEPA)(42 U.S.C. 4321 et seq.).
    We determined that the inadequacy of existing regulatory mechanisms 
is a significant and imminent threat to Ipomopsis polyantha, because 91 
percent of the known range of the species is on State and private lands 
that carry no protective regulations to ameliorate activities that will 
impact the species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    The adaptation of Ipomopsis polyantha to Pagosa-Winifred soils 
derived from Mancos Shale limits it to about 4 square mi (10.4 square 
km) within a 13-mi (21-km) range of fragmented habitat on outcrops of 
Mancos Shale. The species has specific physiological requirements for 
germination and growth that may prevent its spread to other locations 
(Anderson 2004, pp. 23-24). In greenhouse trials, seeds will germinate 
and grow on other soils, but they grow much faster on Mancos Shale 
soils (Collins 1995, p. 114). Faster growth may give I. polyantha a 
competitive advantage on relatively barren Mancos shale that it lacks 
on other soils where its smaller seedlings have more competition from 
other plants for nutrients and water. The species produces more seed 
when it is cross-pollinated (Anderson 2004, p. 23); therefore, existing 
and foreseeable fragmentation of habitat may cause gene flow to be 
obstructed. Pollinator-mediated pollen dispersal is typically limited 
to the foraging distances of pollinators, and no bee species is 
expected to travel more than 1 mi (1.6 km) to forage (Tepedino 2009, p. 
11). Thus, it is likely that the occurrence of

[[Page 35727]]

about 191 plants west of Pagosa Springs is genetically isolated from 
the other occurrence several miles (kilometers) away. Spatially 
isolated plant populations are at higher risk of extinction due to 
inbreeding depression, loss of genetic heterogeneity, and reduced 
dispersal rates (Silvertown and Charlesworth 2001, p. 185).
    Ipomopsis polyantha shows great differences in plant numbers from 
year to year, probably because the plants are biennial and grow from 
seed. This trait makes them more vulnerable than perennials to changes 
in environment, including timing and amount of moisture, and length of 
time since disturbance. With increased time after disturbance, 
competition from other plants, both native and nonnative, increases 
(CNAP 2008a, p. 4). As a biennial species, I. polyantha also may be 
vulnerable to prolonged drought. During drought years, seeds may not 
germinate and plants may remain as rosettes without flowering or 
producing a new crop of seeds.
    Climate change could potentially impact Ipomopsis polyantha. 
Localized projections indicate the southwest may experience the 
greatest temperature increase of any area in the lower 48 States (IPCC 
2007, p. 30). A 10- to 30-percent decrease in precipitation in mid-
latitude western North America is projected by the year 2050, based on 
an ensemble of 12 climate models (Milly et al. 2005, p. 1). Climate 
modeling at this time has not been refined to the level that we can 
predict the amount of temperature and precipitation change within the 
limited range of I. polyantha. Therefore, this analysis is speculative 
based on what the data indicate at this time. When plant populations 
are impacted by reduced reproduction during drought years, they may 
require several years to recover. Climate change may exacerbate the 
frequency and intensity of droughts in this area and result in reduced 
species' viability as the dry years become more common. As described 
above, I. polyantha is sensitive to the timing and amount of moisture 
due to its biennial life history. Thus, if climate change results in 
local drying, the species could experience a reduction in its 
reproductive output.
    Recent analyses of long-term data sets show accelerating rates of 
climate change over the past two or three decades, indicating that the 
extension of species' geographic range boundaries towards the poles or 
to higher elevations by progressive establishment of new local 
occurences will become increasingly apparent in the short term (Hughes 
2000, p. 60). The limited geographic range of the Mancos Shale 
substrate that underlies the entire Ipomopsis polyantha habitat likely 
limits the ability of the species to adapt by shifting occurrences in 
response to climatic conditions.
    We determined that the natural and human-caused factors of specific 
soil and germination requirements, fragmented habitat, effects of 
drought and climate change, and lack of proven methods for propagation 
present an imminent and moderate degree of threat to Ipomopsis 
polyantha across the entire range of the species.

Background--Penstemon debilis

Previous Federal Actions

    We first included Penstemon debilis as a category 2 candidate 
species in the February 21, 1990, Review of Plant Taxa for Listing as 
Endangered or Threatened Species (55 FR 6184). Category 2 candidate 
species were defined as ``[t]axa for which there is some evidence of 
vulnerability, but for which there are not enough data to support 
listing proposals at this time'' (55 FR 6185, February 21, 1990). In 
1996, we abandoned the use of numerical category designations and 
changed the status of P. debilis to a candidate under the current 
definition. We published four CNOR lists between 1996 and 2004, and P. 
debilis remained a candidate species with a LPN of 5 on each (62 FR 
49398, September 19, 1997; 64 FR 57534, October 25, 1999; 66 FR 54808, 
October 30, 2001; 67 FR 40657, June 13, 2002). A LPN of 5 is assigned 
to species with non-imminent threats of a high magnitude.
    On March 15, 2004, the Center for Native Ecosystems (CNE) and the 
Colorado Native Plant Society petitioned us to list Penstemon debilis 
(CNE 2004a, p. 1). We considered the information provided in their 
petition when we prepared the 2004 CNOR. In the 2004 CNOR, P. debilis 
remained a candidate species with a listing priority of 5 (69 FR 24876, 
May 4, 2004).
    On May 11, 2004, we received a petition from the Center for 
Biological Diversity (CBD) to list 225 species we previously had 
identified as candidates for listing, including Penstemon debilis (CBD 
2004, p. 6). Under requirements in section 4(b)(3)(B) of the Act, the 
CNOR and Notice of Findings on Resubmitted Petitions published on May 
11, 2005 (70 FR 24870), raised the LPN of P. debilis from 5 to 2 but 
also included a finding that the immediate issuance of a proposed 
listing rule and the timely promulgation of a final rule for each of 
225 petitioned species, including P. debilis, was warranted but 
precluded by higher priority listing actions, and that expeditious 
progress was being made to add qualified species to the Lists (70 FR 
24870, May 11, 2005).
    On November 15, 2004, the CNE issued a 60-day notice of intent to 
sue for violation of section (4)(b)(3)(A) of the Act with respect to 
the petition to list Penstemon debilis (CNE 2004b, pp. 1-2). On January 
25, 2005, Biodiversity Conservation Alliance and seven other entities 
filed an amended complaint regarding our failure to list P. debilis and 
five other species. As part of a settlement agreement, plaintiffs 
withdrew their lawsuit regarding P. debilis.
    In the 2005 CNOR (70 FR 24870), as stated above, the listing 
priority number for Penstemon debilis was changed from 5 to 2 based on 
an increase in the intensity of energy exploration along the Roan 
Plateau escarpment, making the threats to the species imminent (70 FR 
24870, May 11, 2005). A listing priority of 2 represents threats that 
are both imminent and high in magnitude. CNOR lists published in 2006 
and 2007 maintained P. debilis as a candidate species with a listing 
priority of 2 (71 FR 53756, September 12, 2006; 72 FR 69034, December 
6, 2007).
    In each assessment since its recognition as a candidate species in 
1996, we determined that publication of a proposed rule to list the 
species was precluded by our work on higher priority listing actions. 
However, in 2008, we received funding to initiate the proposal to list 
Penstemon debilis.

Species Information

    Penstemon debilis is a rare plant, endemic to oil shale outcrops on 
the Roan Plateau escarpment in Garfield County, Colorado. This species 
is known by the common names Parachute beardtongue and Parachute 
penstemon. P. debilis is classified by the CNHP as a G1 and S1 species, 
which means it is critically imperiled across its entire range and 
within the State of Colorado (CNHP 2008b, p. 14). The total estimated 
number of known plants is approximately 4,000 individuals (CNHP 2006b, 
p. 1; CNHP 2009a, p. 1; CNHP 2009b, p. 1; CNHP 2009c, p. 1; CNHP 2009d, 
p. 2). Approximately 82 percent of the known plants are on private land 
owned by a natural gas and oil shale production company. Most of the 
remaining 18 percent occur in one occurrence on BLM land that was 
recently leased under a new Resource Management Plan (RMP) amendment 
(BLM 2008a, Record of Decision (ROD) p. 2). In recent years, energy 
development has increased in this area on both private and Federal 
lands.

[[Page 35728]]

    Traditionally Penstemon has been included in the Scrophulariaceae 
(figwort family). Phylogenetic studies based on DNA sequences of taxa 
in this and related plant families over the last 10 years have 
necessitated realignment of several genera in these groups. Apart from 
a nomenclatural discrepancy, Penstemon has been shown to be a part of 
the Plantaginaceae (plantain) family, since 2001. The chronology and 
summary of the placement of Penstemon in the Plantaginaceae is 
presented by Oxelman et al. (2005, p. 415). We recognize this placement 
and will make the appropriate attribution in the proposed amendments to 
50 CFR 17.12(h) at the end of this document. The text will include the 
family name as Plantaginaceae.
    Penstemon debilis was discovered in 1986, and was first described 
by O'Kane and Anderson in 1987 (pp. 412-416. No challenges have been 
made to the taxonomy as first put forward by the authors. Penstemon 
debilis is a mat-forming perennial herb with thick, succulent, bluish 
leaves, each about 0.8 in. (2 cm) long and 0.4 in. (1 cm) wide. Plants 
produce shoots that run along underground, forming what appear as new 
plants at short distances away. Individual P. debilis plants are able 
to survive on the steep, unstable, shale slopes by responding with stem 
elongation as leaves are buried by the shifting talus. Buried stems 
progressively elongate down slope from the initial point of rooting to 
a surface sufficiently stable to allow the development of a tuft of 
leaves and flowers (O'Kane and Anderson 1987, pp. 414-415). Flowers are 
funnel-shaped, are white to pale lavender, and flower during June and 
July. P. debilis plants produce a low number of seeds, are primarily 
outcrossers, and have many different pollinators that vary between 
occurrences (McMullen 1998, p. 26). None of the pollinators are 
specialists to P. debilis, nor are any of them rare (McMullen 1998, p. 
31). We know little about the lifecycle of Penstemon debilis with 
regard to generational timetables.
    Penstemon debilis seems to be at least somewhat adapted to 
disturbance. Each of the known occurrences of the species contains high 
levels of physical disturbance (McMullen 1998, p. 81). Many of the 
characteristics that are most similar among sites promote continual 
disturbance: steep slopes, unstable shale channer surface layers, and 
no surface soil (McMullen 1998, p. 82). In fact, two of the largest P. 
debilis occurrences, are on recent mine talus slopes where 
anthropogenic disturbance was very high as recently as 1994 (McMullen 
1998, p. 82). One occurrence was recorded to have several hundred 
individuals in 1994, but no individuals can be found at this site today 
(McMullen 1998, p. 82). This may be a result of a reduction in the 
disturbance levels through successional processes such as soil 
development and increased vegetative cover (McMullen 1998, p. 82). 
Penstemon debilis may be considered a pioneer species that disperses to 
recent disturbances, flourishes, and goes locally extinct if soil 
conditions become stable (McMullen 1998, p. 82).
    Penstemon debilis grows on steep, oil shale outcrop slopes of white 
shale talus at 8,000 to 9,000 ft (2,400 to 2,700 m) in elevation on the 
southern escarpment of the Roan Plateau above the Colorado River west 
of the town of Parachute, Colorado. The Roan Plateau falls into the 
geologic structural basin known as the Piceance Basin. Average annual 
precipitation at Parachute, Colorado, is 12.75 in. (32.4 cm) (IDcide 
2009, p. 1). P. debilis is found only on the Parachute Creek Member of 
the Green River Formation. P. debilis is often found growing with other 
species endemic to the Green River formation, including Astragalus 
lutosus (dragon milkvetch), Festuca dasyclada (Utah fescue), Mentzelia 
argillosa (Arapien stickleaf), and Thalictrum heliophilum (sun-loving 
meadowrue), as well as several non-endemics (O'Kane & Anderson 1987, p. 
415).
    The historical range and distribution for this species is unknown. 
All of the currently known occurrences occur on about 56 ac (23 ha) in 
Garfield County. The Green River geologic formation to which the plant 
is restricted is the major source of oil shale in the United States. 
Although this formation is underground throughout most of the Piceance 
Basin, it is exposed on much of the southern face of the Roan Plateau. 
The total area of the plant's geographic range is about 2 mi (3 km) 
wide and 8 mi (13 km) long. Prior to 1997, two occurrences of P. 
debilis were known. In 1997, the CNHP used existing habitat and 
distribution information, along with soils, geology, and aerial 
photographs, to select target survey areas. The ensuing survey resulted 
in the discovery of two new occurrences (Spackman et al. 1997, p. 6). 
Two other occurrences were first recorded by BLM in 1997 and 2005 at 
oil shale mine sites (CNHP 2009a, p. 1; CNHP 2009d, p. 1). Another 
occurrence of approximately 12 plants was reported in June 2009 (Graham 
2009a, pp. 1-2). It is likely that unknown occurrences exist, because 
many areas are simply inaccessible to surveyors due to steep terrain or 
private land ownership or both.
    Penstemon debilis occurs at seven known occurrences, four of which 
are rated by CNHP as having ``good to excellent'' estimated viability 
based on population size, individual plant sizes, and site ecology 
(CNHP 2006b, p. 1; CNHP 2009a, p. 1; CNHP 2009b, p. 1; CNHP 2009c, p. 
1; CNHP 2009d, p. 2) (see Table 2 below). The largest occurrence (Mount 
Callahan Natural Area) of 2,100 to 2,240 plants grows on lands owned by 
an energy development company (CNAP 2006, p. 1). The Mount Callahan 
Ridge occurrence, with an estimated 650 plants, grows on lands owned by 
the same energy development company (CNAP 2006, pp. 1-2). The Anvil 
Points Road occurrence grows on lands administered by the BLM and has 
an estimated 700 plants (CNHP 2009d, p. 2). The Mount Logan Mine 
occurrence grows on lands owned by both the energy development company 
(approximately 90 percent) and BLM (10 percent), and has 533 plants 
(CNHP 2009a, p. 1).
    Two additional Penstemon debilis occurrences on BLM land are 
considered to have ``poor'' estimated viability (CNHP 2009e, p. 1; CNHP 
2009f, p. 1). The Anvil Points occurrence had 200 to 300 plants 
reported in 1994, but only three plants could be found in 1998 (CNHP 
2009e, p. 1). The latest survey in 2006 found no plants at this 
occurrence (CNHP 2009e, p. 1). It appears that the decline of this 
occurrence was a result of natural processes including competition by 
surrounding vegetation (DeYoung 2008a, p. 1). The area including this 
habitat also was leased under the BLM August 2008 lease sale (BLM 
2008b, p. 3; Ewing 2008a, p. 7).
    The Mount Logan Road occurrence, discovered in 1996 on a road cut, 
had 10 plants, of which only 3 were found in 2005 (CNHP 2009f, p. 1). 
Because these two occurrences have so few individuals, they are 
considered to have poor viability by CNHP, and we consider them not 
viable into the future.
    The Smith Gulch occurrence of approximately 12 plants was reported 
in June 2009 (Graham 2009a, pp. 1-2). This occurrence has not been 
rated by CNHP; however, it is small (12 plants) and, because of its 
positioning in a drainage, has a high potential for being destroyed by 
a rain event (Graham 2009a, pp. 1-2).

[[Page 35729]]



                      Table 2. Current and Historically Known Penstemon debilis Occurrences
----------------------------------------------------------------------------------------------------------------
                                                          of
           Occurrence                  Viability            Plants              ac (ha)         Land Ownership
----------------------------------------------------------------------------------------------------------------
Mt. Callahan Natural Area         Excellent           2,100-2,240         32 (12.9)           Private
----------------------------------------------------------------------------------------------------------------
Anvil Points Road                 Good                700                 5 (2)               BLM
----------------------------------------------------------------------------------------------------------------
Mount Logan Mine                  Good                533(50 on BLM)      2 (0.8)             Private and BLM
----------------------------------------------------------------------------------------------------------------
Mount Callahan Ridge              Good                650                 4 (1.6)             Private
----------------------------------------------------------------------------------------------------------------
Mount Logan Road                  Poor                3                   7 (2.8)             BLM
----------------------------------------------------------------------------------------------------------------
Anvil Points                      Poor                0                   6 (2.4)             BLM
----------------------------------------------------------------------------------------------------------------
Smith Gulch                       Unrated             12                  not reported        BLM
----------------------------------------------------------------------------------------------------------------
                                  Total               3,998 - 4,138       56 (22.7)           ..................
----------------------------------------------------------------------------------------------------------------

    The total estimated number of Penstemon debilis in the wild is 
currently 3,998 to 4,138 individuals. The occurrences on BLM land 
represent about 18 percent of the total plants counted and estimated. 
An energy development company owns land that contains approximately 82 
percent of the total plants. We have no information to indicate an 
overall species trend.
Summary of Factors Affecting Penstemon debilis

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

    Penstemon debilis habitat is threatened by energy development and 
associated impacts. Of the four known viable occurrences (Mount 
Callahan Natural Area, Anvil Points Road, Mount Logan Mine, Mount 
Callahan Ridge), all but the Anvil Points Road occurrence are on lands 
wholly or partially owned by an energy development company. All four 
viable occurrences, which exist on the Roan Plateau, face ongoing or 
potential threats, including: oil and gas development, oil shale 
extraction and mine reclamation, and road maintenance and vehicle 
access through occurrences.
    The Piceance Basin, including federal and private lands surrounding 
the Roan Plateau, has experienced a boom in natural gas production in 
recent years. The BLM projects that around 3,916 billion cubic feet of 
natural gas will be developed over the next 20 years from the portion 
of the Roan Plateau that was addressed in the new RMP amendment (CNE 
2004a, p. 44). Oil and gas exploration and development continues to 
increase each year on and around the Roan Plateau. In 2003, 566 new 
wells were permitted in Garfield County: 796 in 2004; 1,508 in 2005 
(Colorado Oil and Gas Conservation Commission (COGCC 2006, p. 1); 1,844 
in 2006; 2,550 in 2007 (COGCC 2008, p. 1); and 2,888 in 2008 (COGCC 
2009a, p. 1). Because of a decrease in natural gas prices, new well 
permits decreased in 2009 to 743 (Webb 2009, p. 1), as of June 3, 2009 
(COGCC 2009a, p. 1). This number is down from the 1,029 wells permitted 
by the same time in 2008, but is still higher than the 566 wells 
permitted in Garfield county in all of 2003 (COGCC 2008, p. 1).
    Energy exploration and development includes construction of new 
unpaved roads, well pads, disposal pits, evaporation ponds, and 
pipeline corridors, as well as cross country travel by employees. Each 
of these actions has the potential to cause direct impacts such as 
plant removal and trampling, and indirect impacts to Penstemon debilis 
such as dust deposition and loss of habitat for pollinators. The 
ramifications of direct impacts are easily assessed if witnessed. Plant 
removal, contact with herbicide or ice-melting chemicals, and trampling 
can cause death of plants. Because P. debilis was unknown as a species 
until 1987, and most of the occurrences are on private land or in 
remote locations on public land, the impacts may go unnoticed. For 
example, impacts to the Mount Logan Mine occurrence were unknown until 
the occurrence was discovered in 2005; even after discovery, further 
mine-related impacts occurred because the remote location of the mine 
made it difficult for BLM to manage the occurrence (CNHP 2009b, p. 1; 
Ewing 2009a, p. 4).
    Indirect effects to Penstemon debilis from energy exploration are 
less easily assessed. Road traffic on unpaved roads increases dust 
emissions in previously stable surfaces (Reynolds et al. 2001, p. 
7126). For every vehicle traveling one mile (1.6 km) of unpaved roadway 
once a day, every day for a year, approximately 2.5 tons of dust are 
deposited along a 1,000-foot (305-m) corridor centered on the road 
(Sanders 2008, p. 20). Vascular plants can be greatly affected within 
the zone of maximum dust fall (i.e., the first 1000 ft (305 m) from the 
road) (Everett 1980, p. 128). Excessive dust may affect photosynthesis, 
affect gas and water exchange, clog plant pores, and increase leaf 
temperature leading to decreased plant vigor and growth (Ferguson et 
al. 1999, p. 2; Sharifi et al. 1997, p. 842). All of the viable 
occurrences of P. debilis are within 300 ft (91 m) of roads. Further 
energy development would likely increase road density and traffic 
volume.
    Other indirect impacts can occur due to a loss of pollinator 
habitat. Penstemon debilis requires an insect pollinator to reproduce 
(McMullen 1998, p. iii). McMullen (1998) concluded that pollinators for 
P. debilis were generalists and were not limiting at that time (prior 
to the energy boom). However, Tepedino (2009) described how the 
pollination biology of another Piceance Basin rare plant (Physaria 
obcordata) is being impacted by energy development. He described that 
any energy development that reduces the general level of available 
floral vegetation has a detrimental effect on pollinators' ability to 
reproduce, subsequently resulting in fewer pollinators and reduced 
ability of the dependent plant to reproduce (Tepedino 2009, pp. 16-17).
    A large parcel of land including habitat occupied by the Anvil 
Points Road occurrence was offered and sold for oil and gas leasing 
under the BLM August 2008 lease sale (DeYoung 2008b, p. 1; BLM 2008b, 
p. 1; Ewing 2008a, p. 7). This lease is currently being contested in 
court. Increased energy exploration in the Anvil Points Road area may 
increase maintenance and vehicle access on the unstable road that

[[Page 35730]]

transects the Penstemon debilis occurrence and increase the likelihood 
of effects to P. debilis due to construction of additional roads and 
other facilities associated with oil and gas exploration.
    Oil shale mining has impacted Penstemon debilis occurrences. Oil 
shale extraction activities occurred on the Roan Plateau in the early 
1980s and into the 1990s (COBiz 2008, pp. 3-4). This extraction 
impacted the Mount Logan Mine and Anvil Points Road occurrences. 
Because P. debili