Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Astragalus microcymbus, 78514-78556 [2010-31225]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Proposed Rules]
[Pages 78514-78556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31225]



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Part V





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; 12-Month Finding on a 
Petition To List Astragalus microcymbus and Astragalus schmolliae as 
Endangered or Threatened; Proposed Rule

Federal Register / Vol. 75 , No. 240 / Wednesday, December 15, 2010 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R6-ES-2010-0080; MO 92210-0-0008-B2]


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List Astragalus microcymbus and Astragalus schmolliae 
as Endangered or Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service/USFWS), 
announce a 12-month finding on a petition to list Astragalus 
microcymbus (skiff milkvetch) and Astragalus schmolliae (Schmoll's 
milkvetch) as endangered or threatened, and to designate critical 
habitat under the Endangered Species Act of 1973, as amended (Act). 
After a review of all the available scientific and commercial 
information, we find that listing A. microcymbus and A. schmolliae is 
warranted. However, currently listing of A. microcymbus and A. 
schmolliae is precluded by higher priority actions to amend the Lists 
of Endangered and Threatened Wildlife and Plants. Upon publication of 
this 12-month petition finding, we will add A. microcymbus and A. 
schmolliae to our list of candidate species. We will make any 
determinations on critical habitat during development of the proposed 
listing rule. In any interim period, the status of the candidate taxon 
will be addressed through our annual Candidate Notice of Review.

DATES: The finding announced in this document was made on December 15, 
2010.

ADDRESSES: This finding is available on the Internet at https://www.regulations.gov at Docket Number FWS-R6-ES-2010-0080. Supporting 
documentation we used in preparing this finding is available for public 
inspection, by appointment, during normal business hours at the Western 
Colorado Ecological Services Office, U.S. Fish and Wildlife Service, 
764 Horizon Drive, Suite B, Grand Junction, CO 81506-3946. Please 
submit any new information, materials, comments, or questions 
concerning this finding to the above address.

FOR FURTHER INFORMATION CONTACT: Al Pfister, Field Supervisor, Western 
Colorado Ecological Services Office (see ADDRESSES); by telephone, 970-
243-2778; or by facsimile, 970-245-6933. Persons who use a 
telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), requires 
that, for any petition to revise the Federal Lists of Endangered and 
Threatened Wildlife and Plants that contains substantial scientific or 
commercial information that listing the species may be warranted, we 
make a finding within 12 months of the date of receipt of the petition. 
In this finding, we will determine that the petitioned action is: (a) 
Not warranted, (b) warranted, or (c) warranted, but immediate proposal 
of a regulation implementing the petitioned action is precluded by 
other pending proposals to determine whether species are threatened or 
endangered, and expeditious progress is being made to add or remove 
qualified species from the Federal Lists of Endangered and Threatened 
Wildlife and Plants. Section 4(b)(3)(C) of the Act requires that we 
treat a petition for which the requested action is found to be 
warranted but precluded as though resubmitted on the date of such 
finding, that is, requiring a subsequent finding to be made within 12 
months. We must publish these 12-month findings in the Federal 
Register.
    In accordance with the President's memorandum of April 29, 1994, 
Government-to-Government Relations with Native American Tribal 
Governments (59 FR 22951), Executive Order 13175, titled Consultation 
and Coordination with Indian Tribal Governments (65 FR 67249), and the 
Department of the Interior's manual on Departmental Responsibilities 
for Indian Trust Resources, at 512 DM 2, we acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with the 
Tribes in developing programs for healthy ecosystems, to acknowledge 
that Tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to Tribes. In fulfilling our trust 
responsibilities for government-to-government consultation with Tribes, 
we met with the Ute Mountain Ute Tribe regarding the process we would 
take to conduct a 12-month status review of Astragalus schmolliae. As 
an outcome of our government-to-government consultation, we recognize 
the sovereign right of the Ute Mountain Ute Tribe to manage the habitat 
for A. schmolliae on its tribal lands, and acknowledge that right in 
this 12-month finding.

Previous Federal Actions

    Federal action for Astragalus microcymbus and Astragalus schmolliae 
(then A. schmollae) began as a result of section 12 of the Act of 1973, 
as amended (16 U.S.C. 1531 et seq.), which directed the Secretary of 
the Smithsonian Institution to prepare a report on plants considered to 
be endangered, threatened, or extinct in the United States. This 
report, designated as House Document No. 94-51, was presented to 
Congress on January 9, 1975. In that document, both species were 
designated as endangered (House Document 94-51, pp. 57-58). On July 1, 
1975, the Service published a notice in the Federal Register (40 FR 
27823, p. 27847) of its acceptance of the Smithsonian report as a 
petition within the context of section 4(c)(2) (now section 4(b)(3)) of 
the Act, and giving notice of its intention to review the status of the 
plant taxa therein.
    As a result of that review, the Service published a proposed rule 
on June 16, 1976, in the Federal Register (41 FR 24523, pp. 24543-
24544) to determine endangered status pursuant to section 4 of the Act 
for approximately 1,700 vascular plant taxa, including Astragalus 
microcymbus and Astragalus schmolliae. The list of 1,700 plant taxa was 
assembled on the basis of comments and data received by the Smithsonian 
Institution, and the Service in response to House Document No. 94- 51 
and the July 1, 1975, Federal Register publication. General comments 
received in response to the 1976 proposal are summarized in an April 
26, 1978, Federal Register publication (43 FR 17909). In 1978, 
amendments to the Act required that all proposals more than 2 years old 
be withdrawn. A 1-year grace period was given to proposals already more 
than 2 years old. On December 10, 1979, the Service published a notice 
in the Federal Register (44 FR 70796) withdrawing the portion of the 
June 16, 1976, proposal that had not been made final which removed both 
A. microcymbus and A. schmolliae from proposed status but retained both 
species as candidate plant

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taxa that ``may qualify for listing under the Act.''
    On December 15, 1980, the Service published a current list of those 
plant taxa native to the United States being considered for listing 
under the Act where Astragalus microcymbus and Astragalus schmolliae 
were identified as a category 2 taxon ``currently under review'' (45 FR 
82479, pp. 82490-82491). On November 28, 1983, A. schmolliae was moved 
to the ``taxa no longer under review'' list, and given a 3C rank 
indicating the species was proven to be more abundant or widespread 
than previously believed or not subjected to an identifiable threat (48 
FR 53640, pp. 53641, 53662). The two species also were included as a 
category 2 species (A. schmolliae was not included as a 3C species 
despite the conclusions of the 1983 review) on September 27, 1985 (50 
FR 39525, p. 39533-39534), February 21, 1990 (55 FR 6184, p. 6190), and 
September 30, 1993 (58 FR 51144, pp. 51151-51152). The category 2 
species designation was defined as having enough information to 
indicate that listing the species as an endangered or threatened 
species was possibly appropriate.
    On October 22, 1993, we received a petition dated October 19, 1993, 
from the Biodiversity Legal Foundation and Lee Dyer requesting that 
Astragalus microcymbus be listed as endangered under the Act, and that 
critical habitat be designated (Carlton et al. 1993, pp. 1-11). The 
petition included biological information regarding the species and 
several scientific articles in support of the petition. After careful 
consideration, we did not issue a 90-day finding on the petition 
because the species was already included as a category 2 species 
(Spinks 1994, pp. 1-8).
    On February 28, 1996, we proposed removing all category 2 species, 
including Astragalus microcymbus and Astragalus schmolliae, from our 
candidate species notice of review (61 FR 7596). This policy change was 
finalized on December 5, 1996, stating that the list was not needed 
because of other lists already maintained by other entities such as 
Federal and State agencies (61 FR 64481).
    On July 30, 2007, we received a petition dated July 24, 2007, from 
Forest Guardians (now WildEarth Guardians) requesting that the Service: 
(1) Consider all full species in our Mountain Prairie Region ranked as 
G1 or G1G2 by the organization NatureServe, except those that are 
currently listed, proposed for listing, or candidates for listing; and 
(2) list each species as either endangered or threatened (Forest 
Guardians 2007, pp. 1-37). The petition incorporated all analyses, 
references, and documentation provided by NatureServe in its online 
database at https://www.natureserve.org/into the petition. We 
acknowledged the receipt of the petition in a letter to the Forest 
Guardians, dated August 24, 2007 (Slack 2007, p. 1). In that letter we 
stated that, based on preliminary review, we found no evidence to 
support an emergency listing for any of the species covered by the 
petition, and that we planned work on the petition in Fiscal Year (FY) 
2008.
    On March 19, 2008, WildEarth Guardians filed a complaint (1:08-CV-
472-CKK) indicating that the Service failed to comply with its 
mandatory duty to make a preliminary 90-day finding on their two 
multiple species petitions--one for the Mountain-Prairie Region, and 
one for the Southwest Region (WildEarth Guardians v. Kempthorne 2008, 
case 1:08-CV-472-CKK). We subsequently published two 90-day findings on 
January 6, 2009 (74 FR 419), and February 5, 2009 (74 FR 6122), 
identifying species for which we were then making negative 90-day 
findings, and species for which we were still working on a 
determination. On March 13, 2009, the Service and WildEarth Guardians 
filed a stipulated settlement in the District of Columbia Court, 
agreeing that the Service would submit to the Federal Register a 
finding as to whether WildEarth Guardians' petition presents 
substantial information indicating that the petitioned action may be 
warranted for 38 Mountain-Prairie Region species by August 9, 2009 
(WildEarth Guardians v. Salazar 2009, case 1:08-CV-472-CKK).
    On August 18, 2009, we published a partial 90-day finding for the 
38 Mountain-Prairie Region species, and found that the petition 
presented substantial information to indicate that listing of 
Astragalus microcymbus may be warranted based on threats from off-road 
vehicle use and drought; and that listing Astragalus schmolliae may be 
warranted based on threats from fire, nonnative species invasions, road 
construction, grazing, and drought; and went on to request further 
information from the public pertaining to both species (74 FR 41649, 
pp. 41655-41656).
    This notice constitutes the 12-month finding on the July 24, 2007, 
petition to list Astragalus microcymbus and Astragalus schmolliae as 
threatened or endangered. Given that we are doing 12-month findings for 
38 species from this petition, and 67 species from the Southwest Region 
multiple species petition (74 FR 419, January 6, 2009; 74 FR 66866, 
December 16, 2009), and given the amount of resources that it takes to 
complete a 12-month finding, we are unable to complete 12-month 
findings for all these species at this time.

Species Information--Astragalus Microcymbus

Species Description and Taxonomy
    Astragalus microcymbus is a perennial forb (a plant that can live 
to more than 3 years of age and without grass-like, shrub-like, or 
tree-like vegetation) that dies back to the ground every year. The 
plant has slender stems that are sparsely branched with dark green 
pinnate leaves, with 9-15 leaflets arranged in an evenly spaced fashion 
along either side of a central axis. It is in the pea (Fabaceae) 
family. The spindly red to purple branches grow from 30-60 centimeters 
(cm) (12-24 inches (in.)) long to 30 cm (12 in.) high, and may trail 
along the ground, arch upwards, or stand upright, often being supported 
by neighboring shrubs. Flowers are small (0.5 cm (0.2 in.)), pea-like, 
are found at the end of branches in clusters of 7-14 flowers, and have 
white petals that are tinged with purple. Fruits are boat-shaped (hence 
the common name ``skiff'' and the Latin name microcymbus meaning 
``small boat''), grow to less than 1 cm (0.4 in.), are triangular in 
cross-section, and hang abruptly downward from the branches. These 
characteristics, particularly the plant's diffuse branching, small 
white-purple pea-like flowers, and boat-like fruit pods distinguish 
this species from other Astragalus species in the area (description 
adapted from Peterson et al. 1981, pp. 5-7; Heil and Porter 1990, pp. 
5-6; Isley 1998, p. 349).
    Astragalus microcymbus was discovered in 1945 by Rupert Barneby 
roughly 6 kilometers (km) (4 miles (mi)) west of Gunnison, Colorado 
(Barneby 1949, pp. 499-500). The species was not located again until 
1955 by the Colorado botanical expert William Weber, who originally 
considered it to be nonnative because of its dissimilarity to the other 
numerous Astragalus species in the region (Barneby 1964, p. 193). Both 
of these early collections were from alongside Highway 50 near 
Gunnison, Colorado, at a location that has likely been destroyed. The 
plant was not located in its more intact and native habitat along South 
Beaver Creek until Joseph Barrell rediscovered the species in 1966 
(Barrell 1969, p. 284; Colorado Natural Heritage Program (CNHP) 2010a, 
p. 14).
    The Astragalus genus is large, with over 1,500 species that are 
found on all continents except Antarctica and Australia, and with 
almost 600 species

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in the United States, primarily in the West (Isley 1998, p. 149). The 
genus is divided into many sections. A. microcymbus is not similar in 
appearance to other Astragalus species in the region. Its presumed 
closest relative (from the Strigulosi section of Astragalus) is found 
in New Mexico, with other relatives extending southward, and being 
found mostly in Mexico (Barneby 1964, p. 193; Isley 1998, pp. 349-350). 
The taxonomic status of A. microcymbus has not been disputed, although 
the monophyly (all members descended from a single common ancestor) of 
the Strigulosi section, and the placement of A. microcymbus within the 
section has been debated (Spellenberg 1974, pp. 394-395; Heil and 
Porter 1990, pp. 12-13). For the purposes of this finding, we consider 
A. microcymbus to represent a valid species and, therefore, a listable 
entity.
Biology and Life History
    Astragalus microcymbus individuals live on average 2.2-3 years 
(with a range of 1-14 years). Most frequently, plants are alive for 
only 1 year (DePrenger-Levin 2010a, pers. comm.). The plant flowers 
from mid to late May into July (Heil and Porter 1990, p. 18; Japuntich 
2010a, pers. comm.). There are more flowering plants in early June than 
at any other time, and flowering then drops off or stops, with a second 
bloom occurring in July (Japuntich 2010a, pers. comm.). The earlier 
flowering plants are reportedly larger and more vine-like, and later 
flowering plants are much smaller sized and less vine-like (Japuntich 
2010a, pers. comm.).
    Little is known of how Astragalus microcymbus reproduces. For 
example, we do not know if the plant requires pollinators, or what 
pollinators are important for reproduction. A single plant that was 
caged in 1980 did not produce fruit (Heil and Porter 1990, p. 18). 
Although this was suggested as evidence that the plant may require 
pollinators, we believe that this speculation is premature, because the 
study was completed for only one individual. Studies of other 
Astragalus species have found some species to be totally reliant on 
pollinators, and others to be somewhat self-compatible (able to produce 
seed without pollen from a different plant) but still relying on 
pollinators to some degree (Karron 1989, p. 337; Kaye 1999, p. 1254). 
Astragalus species with limited ranges are somewhat more self-
compatible than wider ranging relatives (Karron 1989, p. 337).
    Several pollinators have been observed visiting Astragalus 
microcymbus, suggesting that pollinators may be important for 
reproduction, but little is known about what pollinators these are 
(with the exception of the two listed below) and which are most 
important. Two insects that regularly visit the flowers of A. 
microcymbus were collected in 1989 (Heil and Porter 1990, pp. 18-19). 
One visitor was a small, black carpenter bee, Ceratina nanula that was 
collected from 3 sites (Heil and Porter 1990, pp. 18-19), and is known 
from at least 11 western States (Discover Life 2009, p. 1). The other 
visitor was a small, yellow and brown satyr butterfly, Coenonympha 
ochracea ssp. ochracea, a species of the Rocky Mountains (Heil and 
Porter 1990, p. 19). We expect there are more pollinators than these 
two species, based on the limited number of observations and 
collections to date (Heil and Porter 1990, pp. 6, 18-19; Sherwood 1994, 
p. 12), and because other Astragalus species are visited by many 
different pollinator species (Karron 1989, p. 322; Kaye 1999, pp. 1251-
1252; Sugden 1985, p. 303).
    Fruits of Astragalus microcymbus have been observed as early as 
late-May, are always present by mid-June, with peak fruiting occurring 
in mid-July, and all fruits falling off the plants by late-August (Heil 
and Porter 1990, p. 18). Fruit production varies greatly. For example, 
during a life-history study (discussed in further detail in 
Distribution and Abundance below), no fruits were counted in 2002, and 
33,819 fruits were counted in 2008 (Denver Botanic Gardens [DBG] 2010a, 
p. 5). In the same 14-year life history study (1995-2009), fruit 
production was high in only 3 years: 1995, 1997, and 2008 (DBG 2010a, 
p. 5). This type of synchronous seeding is sometimes referred to as 
mast seeding or mast years. Mast seedings may be a strategy to release 
enough seeds to feed seed predators, that are kept at lower numbers in 
years with little or no seed production, and still allow other seeds to 
germinate. Alternatively, it may be a product of increased pollination 
success (Crone and Lesica 2004, p. 1945). We are unsure of the 
conditions that lead to good seed and fruit set; overall annual 
precipitation does not explain the variability (DBG 2010a, p. 12).
    Seed dispersal mechanisms have not been researched, but wind and 
rain are considered candidates (Heil and Porter 1990, p. 19). Seed 
dormancy, seed survival, and seed longevity in the soil are unknown. We 
do not know if specific cues (e.g., temperature, precipitation, or seed 
coat alterations) are needed to break seed dormancy. Seed bank studies 
for other Astragalus species indicate that the group generally 
possesses hard impermeable seed coats with a strong physical 
germination barrier. As a result, the seeds are generally long-lived in 
the soil, and only a small percentage of seeds germinate each year 
(summarized in Morris et al. 2002, p. 30). Conversely, the DBG looked 
at soil cores taken from A. microcymbus monitoring sites and found only 
one seed. The authors concluded that A. microcymbus does not have an 
active seed bank (DBG 2010a, p. 6). More research is needed to better 
understand the seed bank's role in the life history of the species.
    Astragalus microcymbus individuals may exhibit prolonged dormancy 
(remaining underground throughout a growing season). This trait may 
help a species better cope with drought or resource-limiting conditions 
(Lesica and Steele 1994, pp. 209-210). Between 6 and 90 percent of A. 
microcymbus individuals are dormant in a given year (DBG 2008, pp. 6, 
13, 18). Dormancy varies significantly from year to year and between 
plots (DBG 2010a, p. 15). Of the individuals that exhibited prolonged 
dormancy, 54 percent remained dormant for 1 year, 10 percent were 
dormant for 2 years, with a decreasing percentage of individuals 
remaining dormant for each successively longer time period to 11 years 
(DBG 2008, p. 6). These numbers for prolonged dormancy are not 
definitive because researchers are unable to say with certainty if a 
plant returning to a spot where an individual was previously found is a 
new individual or an individual returning from prolonged dormancy 
(DePrenger-Levin 2010a, pers. comm.).
Distribution and Abundance
    We use several terms to discuss various sizes or groupings of 
Astragalus microcymbus individuals: Element Occurrence, site, polygon, 
point, and units. We consider the term Element Occurrence synonymous 
with population and it is further defined below. Within a population, 
various smaller ``sites'' have been hand drawn on maps between 1955 and 
1994, and counted or tracked by site. To distinguish these older sites 
from more recent Global Positioning System (GPS) mapping efforts, we 
have used the term ``polygon'' (circles around clusters of individuals) 
or ``point'' (points representing one or a few plants within the 
immediate area) to describe data that was collected after 2003 with a 
GPS unit. Finally, we have taken the polygons and points and created 
``units'' on which to conduct our spatial analyses for this 12-month 
finding. The

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reasons for creating these units are described in further detail below.
    The CNHP, the agency that tracks rare plant species in the State of 
Colorado, operates within the national NatureServe network and follows 
NatureServe protocols. NatureServe guidelines on designating Element 
Occurrences state they are to be designated to best represent 
individual populations, and are typically separated from each other by 
barriers to movement or dispersal (NatureServe 2002, p. 11). The CNHP 
assigns overall species ranks for rare plants within the State of 
Colorado. Astragalus microcymbus has a Global rank of G1 indicating the 
species is critically imperiled across its range, and a State rank of 
S1 indicating the species is critically imperiled within the State of 
Colorado (CNHP 2010b, pp. 1, 5). Since the species is known only from 
the State of Colorado, the State (S) and Global (G) ranks are the same.
    Astragalus microcymbus has a very limited range. It is found in an 
area roughly 5.6 km (3.5 mi) from east to west and 10 km (6 mi) from 
north to south with a small, disjunct (widely separated) population 
found 17 km (10.5 mi) to the southwest on Cebolla Creek (Figure 1). The 
species is known primarily from Gunnison County with one site located 
in Saguache County. The majority of sites and individuals are along 
South Beaver Creek just southwest of Gunnison, Colorado. The species 
occurs on lands managed by the Bureau of Land Management (BLM) Gunnison 
Resource Area and adjacent private lands. Within known areas, A. 
microcymbus has a spotty distribution, most likely linked to the 
habitat being spotty on the landscape (Heil and Porter 1990, p. 16). 
Using the highest counts across years and across all sites, we estimate 
the total maximum historic population to be around 20,500 individuals 
in 5 populations (Table 1; USFWS 2010a, pp. 1-4). However, more recent 
counts indicate there are substantially fewer individuals than this 
today (DBG 2010a, p. 7; BLM 2010, p. 3). We estimate A. microcymbus 
occupied roughly 34 hectares (ha) (83 acres (ac)) in 2008 (BLM 2010, 
pp. 8-10). In previous hand-drawn estimates, A. microcymbus occupied 
roughly 131 ha (324 ac) (CNHP 2010a).
BILLING CODE 4310-55-P

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[GRAPHIC] [TIFF OMITTED] TP15DE10.010

BILLING CODE 4310-55-C

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                           Table 1--Summary of Astragalus Microcymbus Populations (Element Occurrences) (USFWS 2010a, pp. 1-4)
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                                                             Number of sites    Estimated number
            Population name                Population No.    (pre[dash]2004)     of individuals            Ownership                Population rank
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Beaver Creek SE........................                  9            unknown                 25  private...................  Historic
Henry..................................                 10                  1                513  BLM.......................  B
Gold Basin Creek.......................                  1                  4              5,618  BLM.......................  A
South Beaver Creek.....................                  2                 39             14,317  BLM/private...............  A
Cebolla Creek..........................               none                  1            unknown  private...................  C or D
    Total..............................  .................                 45             20,473
--------------------------------------------------------------------------------------------------------------------------------------------------------
Population rankings are categorized from A through D, with ``A'' ranked occurrences generally representing higher numbers of individuals and higher
  quality habitat, and ``D'' ranked occurrences generally representing lower numbers of individuals and lower quality (or degraded) habitat. A historic
  rank (H) indicates an occurrence that has not been visited for more than 20 years.

    The CNHP defines an Element Occurrence of Astragalus microcymbus as 
any naturally occurring population that is separated by a sufficient 
distance or barrier from a neighboring population. More specifically, 
for A. microcymbus, a population is separated by 1.6 km (1 mi) or more 
across unsuitable habitat, or 3.2 km (2 mi) across apparently suitable 
habitat (CNHP 2010b, p. 1). Given this definition, the CNHP has four 
populations of A. microcymbus in its database (CNHP 2010b, p. 2). Of 
these four populations, one (likely the type locality) has not been 
relocated since 1985 and is considered historic. This site was 
partially searched (because of private land access) in 1994 and not 
relocated, although there have not been subsequent visits. It is 
considered historic because it has not been seen in 20 years. The site 
along Cebolla Creek has not yet been incorporated into the CNHP's 
database, but when incorporated will comprise a separate population 
based on the separation distances described above.
    While individuals of the species have been lost, we are unaware of 
the loss of any Astragalus microcymbus populations, although we are 
unsure of the status of Beaver Creek Southeast population. Two A. 
microcymbus populations comprise multiple sites (Gold Basin Creek and 
South Beaver Creek), and a few of these sites may have been extirpated 
(locally extinct). Site revisits using more accurate GPS mapping 
equipment from 2004-2008 generally re-located historical sites but 
decreased the overall footprint of most sites into smaller polygons and 
points. We roughly estimate the new mapping of polygons and points 
generally represents a reduction of about 75 percent in aerial extent 
from the original sites. We are unsure if the reduction of the site 
footprints is because of an actual contraction in the size of the 
sites, if the sites moved over time, or if it is an artifact of mapping 
efforts using improved technology. We expect it may be a combination of 
all three. At three sites in the South Beaver Creek area, no plants 
were re-located despite several survey efforts; these sites may have 
been extirpated (USFWS 2010a; pp. 1-4; BLM 2010, pp. 7-10; DePrenger-
Levin 2010b, pers. comm.). In an extreme example, one site along South 
Beaver Creek (023-033-31975), was reduced from a larger 4-ha (10-ac) 
site to two small polygons that are 97 percent smaller than previously 
mapped (USFWS 2010a; pp. 1-4; BLM 2010, pp. 7-10).
    The lumping of multiple sites into populations makes sense 
biologically because it generally represents areas where genetic 
exchange is possible (e.g., populations). However, past mapping 
efforts, site assessments, and count data have often been collected for 
smaller sites within a population (USFWS 2010a, pp. 1-4). The 
information gathered for these smaller sites is essential for tracking 
the status of the species but is somewhat problematic for an over-
arching analysis for several reasons. First, the confusion between 
numbering protocols makes it difficult to ensure that particular 
counts, habitat specifics, or threats discussed by different sources 
are from the same sites. Second, mapping methodologies have resulted in 
varying delineations, especially with the advent of GPS technology.
    For our analyses in this 12-month finding, we evaluated the sites, 
polygons, and points within Astragalus microcymbus populations, and 
created what we call units from which to conduct our analysis. We did 
this for several reasons: (1) To simplify the problems associated with 
tracking sites (i.e., different sources used different descriptors, 
making it difficult to ensure that they were talking about the same 
site); (2) to more broadly characterize and analyze the threats to the 
species' habitat (we believe that sites, polygons, and points are too 
fine scale); (3) because the polygons mapped in 2008 were on average 
much smaller than the original hand-drawn sites, we wanted to include 
more of the potential or previously occupied habitat rather than 
restricting our analysis to the 2008 mapped polygons; and (4) to 
provide for a more detailed analysis than would occur if we were to 
look at populations. To designate the units, we drew a perimeter around 
all GPS-derived polygons and points that were within 200 m (656 ft) of 
one another, and then buffered each perimeter by an additional 100 m 
(328 ft) (Figure 1; Table 2). This 100-m (328-ft) buffer was included 
so that previously occupied habitat, as drawn on maps, fell within the 
boundaries of these units. As a result of this exercise, all of the 
sites within the Gold Basin Creek population were lumped. As shown in 
Figure 1 above, this methodology divided the South Beaver Creek 
population into six separate units. The Beaver Creek Southeast 
population, located entirely on private land, is not included in our 
units because we are unsure of its exact location and current 
existence.

             Table 2--Astragalus microcymbus Units for Our Spatial Analysis in This 12-Month Finding (USFWS 2010a, pp. 1-4; 2010b, pp. 1-3).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Est. number of
             Unit name                   Population No.            individuals               Acres                 Hectares              Ownership
--------------------------------------------------------------------------------------------------------------------------------------------------------
Beaver Creek SE....................  9.....................  25....................  Unknown..............  Unknown..............  private
Henry..............................  10....................  513...................  10.8.................  4.4..................  BLM
Gold Basin Creek...................  1.....................  5,618.................  315.1................  127.5................  BLM

[[Page 78520]]

 
South Beaver Creek 1...............  2.....................  6,136.................  918.5................  371.7................  70% BLM, 30% private
South Beaver Creek 2...............  2.....................  3,667.................  684.5................  277.0................  68% BLM, 32% private
South Beaver Creek 3...............  2.....................  2,464.................  163.6................  66.2.................  96% BLM, 4% private
South Beaver Creek 4...............  2.....................  778...................  24.1.................  9.75.................  70% BLM, 30% private
South Beaver Creek 5...............  2.....................  1,232.................  38.3.................  15.5.................  BLM
South Beaver Creek 6...............  2.....................  unknown...............  11.5.................  4.6..................  BLM
Cebolla Creek......................  none..................  unknown...............  24.6.................  9.9..................  6% BLM, 94% private
    TOTAL..........................  ......................  20,433*...............  2,190.8..............  886.6................  75% BLM, 25% private
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Number is different from Table 1 above because the counts from two historical sites were excluded from the units.

    Comprehensive surveys for Astragalus microcymbus were conducted in 
1989 (BLM 1989a, pp. 1-31) and 1994 (Sherwood 1994, pp. 1-24). In 2008, 
the BLM conducted a comprehensive mapping effort without counts or 
population assessments (BLM 2010, p. 3). Several other efforts have 
counted individuals within certain sites (Japuntich 2010b, pers. comm.; 
DePrenger-Levin 2010b, pers. comm.; 2010c, pers. comm.; 2010d, pers. 
comm.; USFWS 2010a, pp. 1-4). Count data from various sites are 
difficult to compare because there is no way of knowing if two 
observers, during different years, travelled across similar areas, and 
if the effort between the two counts were similar. In general, counts 
in 1994 were higher than 1989 (Sherwood 1994, p. 13; USFWS 2010a, pp. 
1-4). Several other observers have subsequently returned to these sites 
and found that A. microcymbus numbers in 2004, 2005, 2007, and 2008 
were much lower than those of 1994 and the 1980s, with many sites 
shrinking from thousands to hundreds of individuals (DBG 2010a, p. 7; 
BLM 2010, p. 3; USFWS 2010a, pp. 1-4). Site counts and estimates from 
the 1980s and 1990s often reported the number of A. microcymbus 
individuals as more than 500, and sometimes as more than 2,000 
individuals. Most counts in the last 5 years have been far less, 
generally under 150 individuals with only 1 count over 400 individuals 
(USFWS 2010a, pp. 1-4).
    In 1989, the BLM developed a protocol to provide long-term trend 
data for selected populations of Astragalus microcymbus (BLM 1989b, pp. 
1-4). They applied the protocol in select locations in 1990, 1994, and 
2008. The number of individuals between 1990 and 2008 was not 
statistically different, and both years had similar low annual 
precipitation (20 cm (8 in.)) compared to the average of 25 cm (10 in.) 
(USFWS 2010c, pp. 1-8; DBG 2010a, p. 12; Western Regional Climate 
Center [WRCC] 2010a, pp. 1-8). However, there were significantly more 
plants in 1994 (three to four times) than either 1990 or 2008. 
Precipitation was higher in 1994, roughly 10 cm (4 in.) more than in 
1990 or 2008 (USFWS 2010c, pp. 1-8). We conclude that there are more 
above-ground plants in years with more precipitation.
    The DBG has been monitoring Astragalus microcymbus annually since 
1995 (Carpenter 1995, pp. 1-7; DBG 2003, pp. 1-23; 2007, pp. 1-16; 
2008, pp. 1-20; 2010a, pp. 1-17). The DBG found a decline in the number 
of A. microcymbus individuals from 1995-2009 (Figure 2), especially 
from 1995-2002 (DBG 2010a, p. 5). When comparing the first year of 
monitoring to the last, this decline is not statistically significant 
because of a partial rebound in the last few years (DBG 2010a, pp. 5, 
10-11). This decline is apparent, although not significant, when 
considering only above-ground individuals (p = 0.11) as well as when 
combining above-ground individuals with dormant individuals (p = 0.19) 
(Figure 2). Dormant individuals are unknown for the first and last 
years of the study (1995 and 2008) because of problems associated with 
finding dormant individuals in the first year, and because dormant 
individuals cannot be distinguished from dead individuals in the last 
year.
BILLING CODE 4310-55-P

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[GRAPHIC] [TIFF OMITTED] TP15DE10.011

BILLING CODE 4310-55-C
    In conjunction with the life-history monitoring, the DBG conducted 
a population viability analysis using data from 1995-2006. They found 
that all monitored populations of Astragalus microcymbus were in rapid 
decline, and predicted that all populations will comprise 20 
individuals or less--their definition of extinct--by 2030 (DBG 2010a, 
p. 10). This analysis has not been updated incorporating more recent 
monitoring data. However, a preliminary review for a subsequent 
population viability analysis has found still declining trends but with 
a more gradual decline that would likely delay the predicted extinction 
date (DePrenger-Levin 2010e, pers. comm.). Unfortunately, the 
population viability analysis including the 2007 and 2008 data has not 
been completed. The 2009 data cannot be used because of the problems 
associated with identifying dead or dormant individuals.
    Astragalus microcymbus numbers are positively correlated with 
precipitation. In a statistical comparison, annual rainfall from August 
of the previous growing season to July of the current growing season 
positively influenced the number of A. microcymbus individuals, average 
maximum temperature in May and July negatively influenced the number of 
individuals, and rainfall in May and July positively influenced the 
number of individuals significantly (DBG 2010a, p. 6). In addition, 
rainfall in springtime months during the growing season was 
statistically correlated with more above-ground growth (DBG 2010a, p. 
6).
    Survey efforts, trend monitoring, life-history monitoring, and the 
corresponding population viability analysis all suggest that Astragalus 
microcymbus numbers are declining. In both of the more rigorous 
monitoring efforts, the decline seems to be correlated with 
precipitation. The drought in the early 2000s caused a huge decline in 
numbers, with a rebound in the later 2000s (DBG 2010a, p. 5). However, 
the very low survey numbers from this decade as compared to the 1980s 
and 1990s seem less correlated with precipitation (USFWS 2010a, pp. 1-
4; WRCC 2010a, pp. 1-8). The reasons for these declines are not fully 
understood.
Habitat
    Astragalus microcymbus is found in the sagebrush steppe ecosystem 
at elevations of 2,377-2,597 meters (m) (7,800-8,520 feet (ft)). The 
plant is most commonly found on rocky or cobbly, moderate to steep (9-
38 degrees) slopes of hills and draws (Heil and Porter 1990, p. 16), 
although there are some sites that are flat. Plants are generally found 
on southeast to southwest aspects, but are occasionally found on 
northern exposures (Heil and Porter 1990, p. 13). The average annual 
precipitation is around 25 cm (10 in.) a year, and is fairly 
consistently spread across the year, except for July and August when 
roughly twice the precipitation falls compared to the other months 
(WRCC 2010b, pp. 3, 8). Snow falls in the winter and remains on the 
ground from November/December through March/April (WRCC 2010a, pp. 3, 
8). Winters are cold with an average daily high in January of -3 [deg]C 
(26.5 [deg]F) and an average daily low of -20 [deg]C (-4.0 [deg]F). 
Summers are warmer. July is the hottest month with an average daily 
high of 27 [deg]C (81 [deg]F) and an average daily low of 6 [deg]C (44 
[deg]F) (WRCC 2010b, pp. 3-8).
    Astragalus microcymbus is found in open park-like landscapes 
dominated by several sagebrush species, cacti, sparse grasses, and 
other scattered shrubs. Shrubs are primarily represented by Artemisia 
tridentata ssp. vaseyana (mountain big sagebrush), Artemisia tridentata 
ssp. wyomingensis (Wyoming sagebrush), Artemisia frigida (fringed 
sagebrush or prairie sagewort), and Artemisia nova (black sagebrush); 
cacti include Yucca harrimaniae (Spanish bayonet), and Opuntia 
polyacantha (plains pricklypear); grasses most commonly include 
Achnatherum hymenoides (formerly Oryzopsis hymenoides--Indian 
ricegrass), Elymus elymoides (formerly Sitanion hystrix--squirreltail), 
Hesperostipa comata (formerly Stipa comata--needle and thread grass), 
and Poa sp. (fescue); and the most common forbs include Cryptantha 
cinerea (James' Cryptantha)

[[Page 78522]]

and Penstemon teucrioides (germander beardtongue). Other shrubs and 
small trees found within A. microcymbus' habitat include Ribes cereum 
(wax currant), Symphoricarpos oreophilus (mountain snowberry), and 
Juniperus scopulorum (Rocky Mountain juniper).
    Soils are well drained and vary from sandy to rocky, but are 
primarily a thin cobble-clay loam (Heil and Porter 1990, p. 13). The 
primary soils within Astragalus microcymbus units are stony rock land 
(46 percent), Lucky-Cheadle gravelly sandy loams with 5-45 percent 
slopes (39 percent), alluvial land (8 percent), and Kezar-Cathedral 
gravelly sandy loams with 5-35 percent slopes (4 percent) (Natural 
Resource Conservation Service (NRCS) 2008; USFWS 2010b, pp. 12-13). 
Geologically, A. microcymbus is associated with: (1) Felsic and 
hornblendic gneiss (metamorphic from igneous) substrates; (2) granitic 
(igneous) rocks of 1,700 million-year age group; and (3) biotitic 
gneiss, schist, and migmatite (sedimentary) substrates with 52, 37, and 
11 percent, respectively, in each geology (Knepper et al. 1999, pp. 21-
22; USFWS 2010b, pp. 10-11).
    The areas where Astragalus microcymbus is found are generally 
distinct from surrounding habitats. They are more sparsely vegetated, 
drier than surrounding areas, more heavily occupied by cacti, and 
appear to have some specific soil properties as described above. This 
habitat is limited and patchily distributed on the landscape.

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and implementing regulations 
(50 CFR 424) set forth 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.
    In making this 12-month finding, we evaluated the best scientific 
and commercial information available. Our evaluation of this 
information is presented below.
    In considering what factors might constitute threats to a species, 
we must look beyond the exposure of the species to a factor to evaluate 
whether the species may respond to the factor in a way that causes 
actual impacts to the species. If there is exposure to a factor and the 
species responds negatively, the factor may be a threat and we attempt 
to determine how significant a threat it is. The threat is significant 
if it drives, or contributes to, the risk of extinction of the species 
such that the species warrants listing as endangered or threatened as 
those terms are defined in the Act.

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

    The following potential factors that may affect the habitat or 
range of Astragalus microcymbus are discussed in this section, 
including: (1) Residential and urban development; (2) recreation, 
roads, and trails; (3) utility corridors; (4) nonnative invasive 
plants; (5) wildfire; (6) contour plowing and nonnative seedings; (7) 
livestock, deer and elk use of habitat; (8) mining, oil and gas 
leasing; (9) climate change; and (10) habitat fragmentation and 
degradation.
Residential and Urban Development
    The majority of Astragalus microcymbus is located between 3.2 and 
11 km (2 and 7 mi) of the town of Gunnison, Colorado, the largest town 
in Gunnison County (Figure 1). Rapid population growth in the rural 
Rocky Mountains, including the Gunnison area, is being driven by the 
availability of natural amenities, recreational opportunities, 
aesthetically desirable settings, grandiose viewscapes, and perceived 
remoteness (Riebsame 1996, pp. 396, 402; Theobald et al. 1996, p. 408; 
Gosnell and Travis 2005, pp. 192-197; Mitchell et al. 2002, p. 6; 
Hansen et al. 2005, pp. 1899-1901). Gunnison County grew from 5,477 
people in 1960 to 15,048 people in 2007, constituting a 300 percent 
increase in population in less than 50 years (CensusScope 2010, pp. 1-
3; Colorado State Demography Office 2008, p. 1). The population of 
Gunnison County is predicted to more than double by 2050 to 
approximately 31,100 residents (Colorado Water Conservation Board 2009, 
p. 53).
    Human population growth results in increased fragmentation of 
habitat (see Factor E below) (Theobald et al. 1996, pp. 410-412), 
increased recreation and more roads (see Recreation, Roads, and Trails 
below) (Mitchell et al. 2002, pp. 5-6; Hansen et al. 2005, p. 1899), 
more utility corridors (see Utility Corridors below), more nonnative 
invasive plants (see Nonnative Invasive Plants below) (Hansen et al. 
2005, p. 1896), and changes to ecological processes (Hansen et al. 
2005, p. 1901). A recent but common pattern of population growth in the 
Gunnison area is ``exurban'' or ``ranchette'' development. These 
ranchettes consist of larger lots (generally more than 14 ha (35 ac)) 
each with an isolated large house. This type of development, because of 
its location outside of urban footprints, may have more impacts to 
ecosystems and biodiversity than urban or urban fringe development 
(Hansen et al. 2005, p. 1903). Much of this development occurs on 
steeper slopes, like those where Astragalus microcymbus is found, where 
views are better.
    To the best of our knowledge, residential and urban development 
(aside from roads) has impacted only one Astragalus microcymbus unit: 
the Beaver Creek Southeast Unit. The original type locality along 
Highway 50 may have been lost to highway activities, and the nearby 
private lands where the plant was located in the late 1970s and early 
1980s may have been lost to a gravel pit (Sherwood 1994, pp. 18-19). No 
more than 30 plants were reported from this unit in any given year from 
1955-1994 (USFWS 2010a, p. 1). Only two A. microcymbus sites are near 
buildings: There is a cabin near one of the larger A. microcymbus sites 
within the South Beaver Creek 1 Unit (BLM 1989a, p. 31), and there is a 
house within the Cebolla Creek Unit. We do not know if construction of 
either of these structures impacted A. microcymbus.
    Twenty-five percent of the Astragalus microcymbus units are on 
private land, mostly along South Beaver Creek (Table 2). Five parcels 
of private land (with an additional parcel nearby) are currently within 
A. microcymbus units along South Beaver Creek ranging in size from 17 
to 263 ha (43 to 650 ac), only one of which has any housing or 
agricultural developments. All of these parcels are used primarily for 
livestock ranching operations that have a much lower impact than urban 
or residential development.
    These private land parcels bisect the South Beaver Creek 1 and 
South Beaver Creek 2 Units, and clip portions of the South Beaver Creek 
3 and South Beaver Creek 4 Units (USFWS 2010b, pp. 2-3). Roughly half 
of the known Astragalus microcymbus individuals are within the South 
Beaver Creek 1, 2, and 4 Units (Table 2), making them especially 
important to the conservation of the species. These three units all 
have at least 30 percent of their area on private

[[Page 78523]]

lands (Table 2), more than the average across the units of 25 percent. 
Given their proximity to town, the rapid growth predicted for Gunnison 
County (Colorado Water Conservation Board 2009, p. 53), the lack of 
undeveloped parcels in desirable locations (Gunnison County 2005, p. 
1), and their appealing views, these parcels are in a likely location 
for development and could be subdivided in the future. In addition, the 
Cebolla Creek Unit is located almost entirely on private land and is 
already partially developed.
    Residential or urban development of these parcels would likely lead 
to the destruction of Astragalus microcymbus individuals, as well as 
fragment and alter the plants' habitat. In 2005, it was estimated that 
only 30 percent of the private lands in Gunnison County remained 
undeveloped (Gunnison County 2005, p. 1). Because only 30 percent of 
the private lands in Gunnison County remain undeveloped, and because 
the population of Gunnison County is expected to double by 2050, we 
conclude that the currently undeveloped private lands where A. 
microcymbus occurs are likely to be developed by 2050. The potential 
loss of up to 25 percent of the area (habitat) and even more of the 
individuals of A. microcymbus is a significant threat for a species 
with such limited numbers and a limited range (Table 2). This 
development also would fragment the habitat, potentially isolating 
small populations from one another leading to the further loss of 
individuals.
    Currently, the impact of development on the species is relatively 
minor, consisting of the few examples provided above. Although 25 
percent of Astragalus microcymbus individuals are on private lands with 
no protective mechanisms in place for the species, little development 
is currently occurring on these private lands. However, we believe that 
the threat of development to the species may increase in the 
foreseeable future based on future human population growth. Future 
development on these lands is likely, because of the rate of growth in 
the Gunnison area. Given that Gunnison County has seen a 300 percent 
increase in population in less than 50 years, that only 30 percent of 
the private lands remain undeveloped, and A. microcymbus' close 
proximity to the town of Gunnison, we expect that some of these private 
land parcels will be developed in the next several decades. Based on 
the population projections presented above, the foreseeable future for 
development is 40 years, as the population of Gunnison County is 
predicted to more than double by 2050. Based on the above information, 
we consider residential and urban development to be a threat to the 
species in the foreseeable future.
Recreation, Roads, and Trails
    It is difficult to separate the effects of roads and trails from 
the effects of recreation where Astragalus microcymbus resides. Most 
forms of recreation within A. microcymbus' range include the use of 
roads and trails either as a form of recreation (e.g., vehicle use, 
mountain biking, or hiking) or as a way to access recreation areas 
(e.g., target shooting and rock climbing areas). For these reasons, we 
have chosen to address recreation, roads, and trails together in this 
section.
    Roads cause habitat fragmentation because they create abrupt 
transitions in vegetation; add edge to adjacent patches; are sources of 
pollutants; and act as filters (allowing some species to cross but not 
others) and barriers (prohibiting movement) (Spellerberg 1998, pp. 317-
333). Road networks contribute to exotic plant invasions via introduced 
road fill, vehicle transport of plant parts, and road maintenance 
activities (Forman and Alexander 1998, p. 210; Forman 2000, p. 32; 
Gelbard and Belnap 2003, p. 426). Many of these invasive species are 
not limited to roadsides, but also encroach into surrounding habitats 
(Forman and Alexander 1998, p. 210; Forman 2000, p. 33; Gelbard and 
Belnap 2003, p. 427).
    Aside from the indirect effects discussed above, a road typically 
removes all vegetation from about 0.7 ha (1.7 ac) per 1.6 km (1 mi), 
while a single track trail removes all vegetation from about 0.1 ha 
(0.25 ac) per 1.6 km (1 mi) (BLM 2005a, p. 13). Roads also act as 
corridors that facilitate human interaction with species and increase 
the opportunities and the likelihood of travel across undisturbed (non-
road) areas. The recreational use of roads is on the rise. From 1991 to 
2006, off-highway vehicle registrations increased 937 percent (from 
11,744 to 109,994 within the state), with an average annual increase of 
16 percent (Summit County Off Road Riders 2009, p. 1). Recreational 
activities within the Gunnison Basin are widespread, occur during all 
seasons of the year (especially summer and hunting season), and have 
expanded as more people move to the area or come to recreate (BLM 
2009a, pp. 7-8). Motorized and mechanized use has been increasing 
within the Gunnison Basin and is expected to increase in the future 
based on increased population (USFS and BLM 2010, pp. 5, 9, 85, 124-
125, 136, 158, 177, 204, 244, 254, 269, 278).
    Because Astragalus microcymbus generally occurs on slopes, it is 
somewhat protected from the further development of large roads. And 
many of the existing roads, although not all, run immediately along the 
bottom or top of sites instead of through the middle of sites. However, 
these slopes appear to be the preferred location for dirt bike and 
mountain bike trails, especially those that were user-created instead 
of formally designed. Many of the trails within the range of A. 
microcymbus are user-created and run across or up through the slopes 
where the plant is found (USFWS 2010, pers. comm.). These user-created 
trails, when redesigned, often require a series of switchbacks, which 
could increase the opportunity for impacts to the plant. Travel 
management (the allocation and utilization of motorized and 
nonmotorized use), and route designation and design, both within the 
Hartman Rocks Recreation Area and outside that area, are described in 
further detail below.
    Except for the one disjunct population, all of the Astragalus 
microcymbus units are within 11 km (7 mi) of the town of Gunnison, the 
closest of which is 3.2 km (2 mi) away. This close proximity to an 
urban area makes the species more susceptible to recreational impacts 
than if it were located more remotely. The Hartman Rocks Recreation 
Area is a popular urban interface recreation area and contains roughly 
40 percent of the A. microcymbus units (BLM 2005a, p. 3; USFWS 2010b, 
pp. 4-5). The Hartman Rocks Recreation Area is located between 3 and 10 
km (2 and 6 mi) from the town of Gunnison on BLM lands (BLM 2005a, p. 
3). The Hartman Rocks Recreation Area covers 3,380 ha (8,350 ac), but 
trails expand out onto adjacent lands. These lands also have A. 
microcymbus plants and habitat that are being impacted by these trails 
(BLM 2005a, p. 3).
    We have no detailed information on how much use occurs, how this 
use is increasing, or when the use is occurring in the Hartman Rocks 
Recreation Area. In 2005, it was estimated that the Hartman Rocks 
Recreation Area received 15,000-20,000 user days each year (BLM 2005a, 
p. 3). Recreation activities within the Hartman Rocks Recreation Area 
include mountain biking, motorcycling, all-terrain vehicle riding, 4-
wheeling, rock climbing, camping, trail running, horseback riding, 
cross country skiing, snowmobiling, dog sledding, hill parties, target 
shooting, hunting, paintball, and more (BLM 2005a, p. 3). We have seen 
most of these activities

[[Page 78524]]

occurring adjacent to or within Astragalus microcymbus sites (USFWS 
2010, pers. comm.).
    The BLM's Hartman Rocks Recreation Management Plan closed two 
trails and rerouted one trail to protect Astragalus microcymbus (BLM 
2005a, p. 18; Japuntich 2010c, pers. comm.). These closures were for 
trails that were directly impacting A. microcymbus individuals. The 
Aberdeen Loop trail goes very close to several A. microcymbus sites 
within the South Beaver Creek 1, South Beaver Creek 5, and South Beaver 
Creek 6 Units. To protect Gunnison sage-grouse brood-rearing habitat, a 
reroute of this trail is planned in the next few years that will put 
the trail further from these A. microcymbus sites (Japuntich 2010d, 
pers. comm.). Many trails are open year-round in the Hartman Rocks 
Recreation Area, but with less use in the winter and early spring when 
trails are snow covered or muddy. Closures during A. microcymbus' 
growing season (likely late April through August) would benefit the 
species by reducing impacts to seedlings and plants, and by lessening 
disruptions to pollinators. The Aberdeen Loop trail that runs through 
the South Beaver Creek 1, South Beaver Creek 5, and South Beaver Creek 
6 occupied A. microcymbus habitat is subject to seasonal closures for 
the Gunnison sage grouse from June 15 until August 31. This closure 
provides partial protection for A. microcymbus in the growing season.
    The South Beaver Creek Area of Critical Environmental Concern 
(ACEC) (also a Colorado Natural Area) was designated in 1993 by the BLM 
with the intent of protecting and enhancing existing populations of 
Astragalus microcymbus (BLM 1993, pp. 2.18, 2.29; Colorado Natural 
Areas Program [CNAP] 1997, pp. 1-7). The South Beaver Creek ACEC is 
1,847 ha (4,565 ac), and includes 60 percent of the A. microcymbus 
units rangewide (BLM 1993, p. 2.18; USFWS 2010b, pp. 8-9). Seventy 
percent of the South Beaver Creek ACEC is within the Hartman Rocks 
Recreation Area, although the South Beaver Creek ACEC was developed at 
least 8 years prior to the Hartman Rocks Recreation Area (BLM 2005a, p. 
44). Because of its designation as a recreation area, the Hartman Rocks 
Recreation Area draws users to the area, which is in conflict with the 
ACEC's intent to protect and enhance A. microcymbus.
    When the South Beaver Creek ACEC was designated, motorized vehicle 
traffic was limited to designated routes, whereas it had previously 
been open on all lands (BLM 1993, p. 2.30). Outside the South Beaver 
Creek ACEC, all lands within the range of Astragalus microcymbus 
remained open to motorized vehicle traffic. In 2001, mechanized travel, 
including mountain bikes, on all lands within the Gunnison Resource 
Area including the South Beaver Creek ACEC and the Hartman Rocks 
Recreation Area was limited to designated routes (U.S. Forest Service 
(USFS) and BLM 2001a, p. 3; 2001b, pp. 1-2; BLM 2005a, p. 14). This 
closure resulted in new protections for A. microcymbus from mountain 
bikes and vehicular use on BLM lands outside the South Beaver Creek 
ACEC, and from mountain bikes within the ACEC.
    Enforcement of travel designations and trail closures is difficult 
given the large area of the BLM's Gunnison Resource Area and limited 
law enforcement personnel (USFS and BLM 2010, p. 259). Illegal trails 
are always an issue in well-used recreation areas (BLM 2010, p. 4). 
Furthermore, the open park-like habitat of Astragalus microcymbus makes 
it difficult to disguise trails that have been closed. Numerous 
undesignated trails running through A. microcymbus habitat are visible 
on satellite images (see below). Law enforcement with the Gunnison 
Resource Area is provided by the BLM's Montrose Area Office, which is 
located over 105 km (65 mi) away. Law enforcement within this area is 
intermittent, and tickets are rarely, if ever, issued for trespass use 
(USFS and BLM 2010, p. 259).
    As an example, the Quarry Drop trail that runs through the South 
Beaver Creek 1 Unit was closed in 2005 with the Hartman Rocks 
Recreation Plan, because it ran directly through two Astragalus 
microcymbus sites (BLM 2010, p. 4). Although this trail is posted as 
closed, it was still in use during the summer of 2009, when rocks were 
placed to close the trail entrance (BLM 2010, p. 4). The Gunnison 
Trails group (a local non-profit trail-building group) and the BLM have 
increased their efforts on finding illegal trails and closing them 
before they become more established. Continued pressure from the 
recreation community for new trail construction is likely, as well as 
trespass use (BLM 2010, p. 4). In an effort to control illegal use, the 
BLM has put up educational signs where roads enter the South Beaver 
Creek ACEC explaining what A. microcymbus is and why the species and 
its habitat are important to preserve (BLM 2010, p. 6). Trails that 
have been closed are planned to be rehabilitated where they meet open 
trails during the summer of 2011 in an attempt to ensure they will no 
longer be used (Japuntich 2010d, pers. comm.).
    The BLM and the USFS finalized a joint Environmental Impact 
Statement for a Gunnison Basin Federal Lands Travel Management Plan 
that includes areas on BLM lands outside the Hartman Rocks Recreation 
Area (USFS and BLM 2010, pp. 1-288). This plan builds upon the Gunnison 
Travel Interim Restrictions of 2001 by closing additional routes, 
mostly for resource-related reasons (USFS and BLM 2010, p. 1). 
Astragalus microcymbus is not considered in detail in this plan, nor 
does the plan designate roads be closed specifically to protect A. 
microcymbus (USFS and BLM 2010, pp. 47, 78-79). None of the closures 
proposed in the plan will benefit A. microcymbus nor do they address 
routes within the Hartman Rocks Recreation Area.
    We have found roads, trails, and gravel parking areas atop 
Astragalus microcymbus individuals and polygons (USFWS 2010, pers. 
comm.). These roads, trails, and parking areas have no vegetation. A. 
microcymbus individuals can be found along the margins of these roads, 
trails, and parking areas, sometimes with tire tracks atop (USFWS 2010, 
pers. comm.). Cheatgrass is spreading from the old road bed upslope and 
into the one site where invasion is occurring (USFWS 2010, pers. 
comm.). Trails sometimes are deeply incised and eroded (USFWS 2010, 
pers. comm.).
    We conducted a spatial analysis overlaying the distribution of 
Astragalus microcymbus units with designated routes within and near the 
Hartman Rocks Recreation Area. We found 8.8 km (5.5 mi) of roads (3.5 
km (2.3 mi)) and trails (5.3 km (3.2 mi)) overlap with A. microcymbus 
units (Table 3) (BLM 2010; USFWS 2010b, pp. 14-15). Through this 
mapping effort, we found four of the polygons within the Gold Basin 
Creek Unit are being directly impacted by these roads and trails (USFWS 
2010b, p. 16). We also are aware of at least three other polygons that 
are being directly impacted by roads and trails (USFWS 2010, pers. 
comm.). Estimating that a road typically removes all vegetation from 
about 0.7 ha (1.7 ac) per 1.6 km (1 mi) while a single track trail 
removes all vegetation from about 0.1 ha (0.25 ac) per 1.6 km (1 mi) 
(BLM 2005a, p. 13), designated roads directly impact 1.6 ha (3.9 ac) 
and designated trails directly impact 0.3 ha (0.8 ac) of habitat within 
A. microcymbus units.

[[Page 78525]]



                                          Table 3--Roads, Trails, and Paths Within Astragalus microcymbus Units
              [Designated routes are those included in the BLM's geospatial layers, undesignated