Endangered and Threatened Wildlife and Plants; Finding on a Petition To List the Tiehm's Buckwheat as Threatened or Endangered, 29975-29977 [2021-11700]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules
equivalent VRS is provided in the most
efficient manner. The Commission seeks
comment on these proposals, which
include a number of various policy
questions and alternatives for
consideration.
Legal Basis
38. The authority for this proposed
rulemaking is contained in sections 1, 2,
and 225 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 152,
225.
Small Entities Impacted
39. The proposals in the NPRM will
affect obligations of VRS providers.
These services can be included within
the broad economic category of All
Other Telecommunications.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
40. The proposed compensation
methodologies will not create reporting,
recordkeeping, or other compliance
requirements.
Jkt 253001
[FR Doc. 2021–11681 Filed 6–3–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2020–0017;
FF08E00000 FXES11110800000 212]
RIN 1018–BF94
Endangered and Threatened Wildlife
and Plants; Finding on a Petition To
List the Tiehm’s Buckwheat as
Threatened or Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notification of 12-month
petition finding.
41. The Commission is taking steps to
minimize the impact on small entities
and considering significant alternatives
by identifying multiple methodologies
for compensating VRS providers for the
provision of VRS. The Commission
seeks comment on maintaining tiered
rates, including the specifics for the
tiered structure and for setting such
rates, and in the alternative, freezing the
current rates. The Commission will
consider these proposals to determine
the best compensation methodology for
ensuring choice among suppliers for
VRS users and to help maintain
functionally equivalent service and
maintain an efficient VRS market over
the long term in accordance with the
Commission statutory obligations. The
Commission seeks comment on the
effect these proposals will have on all
entities that provide VRS, including
small entities.
42. The Commission also seeks
comment from all interested parties.
Small entities are encouraged to bring to
the Commission’s attention any specific
concerns they may have with the
proposals outlined in the NPRM. The
Commission expects to consider the
economic impact on small entities, as
identified in comments filed in response
to the NPRM, in reaching its final
conclusions and acting in this
proceeding.
16:40 Jun 03, 2021
43. None.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
AGENCY:
Steps Taken To Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered
VerDate Sep<11>2014
Federal Rules Which Duplicate,
Overlap, or Conflict With, the
Commission’s Proposals
We, the U.S. Fish and
Wildlife Service (Service), announce a
12-month finding on a petition to list
Tiehm’s buckwheat (Eriogonum tiehmii)
as an endangered or threatened species
under the Endangered Species Act of
1973, as amended (Act). The Service has
determined, after a review of the best
available scientific and commercial
information, that the petitioned action
to list Tiehm’s buckwheat, a plant
species native to Nevada in the United
States, is warranted. The Service,
therefore, will promptly publish a
proposed rule to list Tiehm’s buckwheat
under the Act.
DATES: The finding in this document
was made on June 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Marc Jackson, Reno Ecological Services
Field Office, 1340 Financial Boulevard,
Suite 234, Reno, NV 89502; telephone
775–861–6337. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 800–877–8339.
Availability of supporting materials:
Our Species Status Assessment for
Tiehm’s buckwheat is available at
https://www.fws.gov/reno/content/
endangered-species, and at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2020–0017.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
29975
Background
Section 4(b)(3)(B) of the Endangered
Species Act of 1973, as amended (Act;
16 U.S.C. 1531 et seq.), requires that,
within 12 months of receipt of a petition
to add a species to, or remove a species
from, the Lists of Endangered and
Threatened Wildlife and Plants, a
finding be made as to whether the
requested action is: (a) Not warranted,
(b) warranted, or (c) warranted, but
precluded by other listing activity. If the
action is found to be warranted, section
4(b)(3)(B)(ii) requires a prompt
publication in the Federal Register of a
general notice and the complete text of
a proposed regulation to implement
such action.
On October 7, 2019, we received a
petition from the Center for Biological
Diversity (CBD; CBD 2019, entire)
requesting that Tiehm’s buckwheat be
listed as threatened or endangered, that
critical habitat be concurrently
designated for this species under the
Act, and that the petition be considered
on an emergency basis. The Act does
not provide for a process to petition for
emergency listing; therefore, we
evaluated the petition to determine if it
presented substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
The Service published a 90-day finding
on July 22, 2020 (85 FR 44265), stating
that the petition presented substantial
scientific or commercial information
indicating that listing Tiehm’s
buckwheat may be warranted.
On September 29, 2020, CBD filed a
complaint in the U.S. District Court for
the District of Nevada against the
Service alleging violations under the
Administrative Procedure Act (5 U.S.C.
551 et seq.); CBD amended the
complaint on October 8, 2020, to
include a claim under the Endangered
Species Act that the Service had missed
the 1-year deadline of October 7, 2020,
for issuing a 12-month finding for
Tiehm’s buckwheat. On April 21, 2021,
the court issued a decision, and, in
response to a stipulated request for a
revised remedy order, on May 17, 2021,
the court amended the decision and
ordered the Service to deliver a 12month finding on Tiehm’s buckwheat to
the Federal Register by May 31, 2021.
The Service now announces a 12-month
finding on the October 7, 2019, petition
to list Tiehm’s buckwheat.
Species Description and Habitat
Tiehm’s buckwheat was first
discovered in 1983 and described in
1985. All available taxonomic and
genetic research information indicates
that Tiehm’s buckwheat is a valid and
E:\FR\FM\04JNP1.SGM
04JNP1
29976
Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules
recognizable taxon and represents a
distinct species. Tiehm’s buckwheat is a
low-growing perennial herb, with
blueish gray leaves and pale, yellow
flowers that bloom from May to June
and turn red with age. Seeds ripen in
late-June through mid-July. Tiehm’s
buckwheat is a narrow-ranging endemic
known only from one population,
comprising eight subpopulations, in the
Rhyolite Ridge area of Silver Peak Range
in Esmeralda County, Nevada. The
single population of Tiehm’s buckwheat
is restricted to approximately 10 acres (4
hectares) across a 3-square-mile area,
located entirely on public lands
administered by the Bureau of Land
Management (BLM). The
subpopulations are separated by a rural
county unpaved road where
subpopulations 1, 2, and 8 occur north
of the road, and subpopulations 3, 4, 5,
6, and 7 occur south of the road. A 2019
survey estimated that the total Tiehm’s
buckwheat population is 43,921
individual plants. Surveys have not
detected additional populations of
Tiehm’s buckwheat.
Tiehm’s buckwheat is a soil specialist
specifically adapted to grow on its
preferred soil type. The species is
restricted to dry, open, relatively barren
slopes with light-colored rocky clay
soils derived from an uncommon
formation of interbedded claystones,
shales, tuffaceous sandstones, and
limestones. Vegetation varies from pure
stands of Tiehm’s buckwheat to sparse
associations with a few other lowgrowing herbs and grass species. The
abundance and diversity of arthropods
(insects, mites, and spiders) observed in
Tiehm’s buckwheat subpopulations is
especially high (1,898 specimens from
12 orders, 70 families, and 129 species
were found in 2020) for a plant
community dominated by a single plant
species. Primary pollinator visitors to
Tiehm’s buckwheat include wasps,
beetles, and flies. Tiehm’s buckwheat
benefits from pollinator services and
needs pollination to increase seed
production.
Threats
The naturally occurring Tiehm’s
buckwheat population (represented by
one population with eight
subpopulations) and a seedling
transplant experiment suffered
detrimental herbivory in 2020. All of the
naturally occurring subpopulations
experienced greater than 50 percent
damage or loss of individual plants,
while almost all transplants were lost to
rodent herbivores in a 2-week period.
An environmental DNA analysis (i.e.,
trace DNA found in soil, water, food
items, or other substrates with which an
VerDate Sep<11>2014
16:40 Jun 03, 2021
Jkt 253001
organism has interacted) conducted on
damaged Tiehm’s buckwheat roots,
nearby soils, and rodent scat strongly
linked small mammal herbivory to the
widespread damage and loss of the
naturally occurring Tiehm’s buckwheat
population. This was the first time
herbivory was documented on the
species, although, prior to 2019, surveys
of the population were infrequent. The
significance of herbivory in the
naturally occurring population depends
not only on its frequency and intensity,
but whether damaged plants can recover
and survive, as we are uncertain if the
species will be able to recover from this
damage and loss. Rodent herbivore
pressure precluded seedling survival in
experimental plots. Further studies and
monitoring need to be conducted to
determine if management to reduce
rodent herbivory is necessary to
maintain Tiehm’s buckwheat
individuals and subpopulations, or if it
was just a random catastrophic event
that is not likely to occur on a regular
basis.
The specialized soils on which
Tiehm’s buckwheat occurs are high in
lithium and boron, making this location
of high interest for mineral
development. In May 2020, Ioneer USA
Corporation (Ioneer) submitted a plan of
operations to BLM for the proposed
Rhyolite Ridge Lithium-Boron project.
The proposed project is awaiting BLM
permitting and approval for mineral
development in the areas where the
Tiehm’s buckwheat population occurs.
Ioneer’s proposed Rhyolite Ridge
Lithium-Boron project, if permitted by
BLM, would result in the loss of habitat
and subpopulations 4, 5, 6, and 7, even
with the voluntary protection measures
included in Ioneer’s s project proposal.
The potential impact from the proposed
project, combined with the loss
resulting from the recent herbivory
event, would reduce the total Tiehm’s
buckwheat population by 70 to 88
percent, or from 43,921 individuals to
roughly 5,289–8,696 individuals. The
number of individuals estimated to
survive is a range because we do not
know yet if the plants damaged from
herbivory will be able to recover and
survive. The low end of this range is
based on permanent loss of damaged
plants, while the high end represents
conditions if all the herbivore-damaged
plants recover. Dust deposition,
generated from increased vehicle traffic
associated with mine operations, may
also negatively affect the overall health
and physiological processes of the
subpopulations remaining (1, 2, 3, and
8) after full implementation of the
project.
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
Ioneer is proposing to salvage all
remaining plants in subpopulations 4, 5,
6, and 7 by transplanting them to
another location. However, we are
uncertain whether the salvage operation
will succeed because current research
indicates that Tiehm’s buckwheat is a
soil specialist, that adjacent unoccupied
sites are not suitable for all early lifehistory stages, and there has been no
testing and multiyear monitoring on the
feasibility of successfully transplanting
the species. The impact to Tiehm’s
buckwheat from mining, salvage
operations, or both would be permanent
and irreversible under the proposed
project because the plants and the land
on which they are currently growing,
including any existing seed bank in the
soil, would be completely removed, and
in place of that site there would be a
terminal quarry lake. The terminal
quarry lake would develop when the
mining operation ceased pumping out
the anticipated groundwater that would
infiltrate the quarry. Elimination of
these subpopulations may remove
corridors for pollinator movement, seed
dispersal, and population expansion.
There is strong evidence that
subpopulation 6 is the most resilient of
the eight Tiehm’s buckwheat
subpopulations. This subpopulation
contains multiple life stages of
individual plants, including the
majority of older and larger plants
across all populations. In addition,
subpopulation 6 has the most variety in
size classes of individual plants,
indicating it is likely experiencing the
most recruitment. Loss of subpopulation
6, in particular, may have an immense
impact on the overall resiliency and
continued viability of the entire Tiehm’s
buckwheat population.
In addition to the direct impacts from
the physical removal of subpopulations
as a result of the project, road
development and vehicle traffic
associated with the proposed mine, as
well as livestock grazing which
currently occurs within the Tiehm’s
buckwheat population as part of the
BLM’s Silver Peak allotment, may create
conditions that further favor the
establishment of nonnative invasive
species within Tiehm’s buckwheat
habitat. Mineral exploration has already
impacted Tiehm’s buckwheat habitat by
contributing to the spread of saltlover
(Halogeton glomeratus), a nonnative
invasive plant species, within all
subpopulations of the species. Mineral
exploration activities can result in
disturbance to natural soil conditions
that support Tiehm’s buckwheat and
encourage spread of saltlover, which
alters the substrate by making the soil
E:\FR\FM\04JNP1.SGM
04JNP1
Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules
more saline and less suitable as habitat
for Tiehm’s buckwheat. Mineral
exploration vehicles also can carry the
seeds of nonnative invasive plant
species into the area. Road
improvements also allow easier and
greater access for recreational vehicles
and off-highway vehicles (OHVs), with
OHV impacts documented in
subpopulation 1. Both livestock grazing
and OHV use can kill or damage
individual plants and modify Tiehm’s
buckwheat habitat through
fragmentation and soil compaction.
In addition, Tiehm’s buckwheat is
adapted to dry upland sites, subject only
to occasional saturation by rain and
snow. Under climate change
predictions, we anticipate alteration of
precipitation and temperature patterns,
as models forecast warmer temperatures
and slight increases in precipitation.
The timing and type of precipitation
received (snow vs. rain) may impact
plant transpiration and the soil water
recharge needed by Tiehm’s buckwheat.
Additionally, variability in interannual
precipitation combined with increasing
temperatures, as recently seen from
2015 through 2020, may make
conditions less suitable for Tiehm’s
buckwheat by bolstering local rodent
populations. High rodent abundance
combined with high temperatures and
drought may have contributed to the
large herbivore impacts in 2020 in both
the transplant experiment and native
population. Thus, climate change may
exacerbate impacts from other threats
currently affecting this species and its
habitat.
Tiehm’s buckwheat does not currently
receive regulatory protection from the
State of Nevada. BLM has designated
Tiehm’s buckwheat as a sensitive
species. However, BLM’s regulations
require operators to avoid adverse
effects only to species listed as
threatened or endangered under the Act
and their habitat (43 CFR
3809.420(b)(7)), not sensitive species.
Also, under BLM’s regulations operators
may explore, place mining claim
monuments, and cause a surface
disturbance of up to 5 acres after an
operator gives notice to BLM and waits
15 days (43 CFR 3809.21(a)). BLM lacks
discretion to require conservation
measures for sensitive species as a
condition for exploring for or
developing minerals subject to disposal
under the Mining Law of 1872, as
amended (30 U.S.C. 22–54). In some
circumstances, operators may include
voluntary commitments to undertake
protection or conservation measures as
part of their proposed mining
operations, as Ioneer has done in its
proposed mine plan.
VerDate Sep<11>2014
17:31 Jun 03, 2021
Jkt 253001
Finding
Based upon the preceding
information, the totality of threats
described above, and other information
contained in the Tiehm’s buckwheat
Species Status Assessment (SSA), the
Service has determined that the
petitioned action to list Tiehm’s
buckwheat under the Endangered
Species Act of 1973, as amended, is
warranted. The Service, therefore, will
promptly publish a proposed rule to list
Tiehm’s buckwheat. We will open a
public comment period at the time of
publication of the proposed rule. Any
information received from the public
prior to the publication of the proposed
rule will be considered and addressed
when we address comments received on
the proposed rule.
Author
This document was prepared by the
U.S. Fish and Wildlife Service, Reno
Fish and Wildlife Office, 1340 Financial
Blvd., Suite 234, Reno, NV 89521 and
the U.S. Fish and Wildlife Service,
Regional Office, 2800 Cottage Way,
Sacramento, CA 95825.
Authority
The authority for this action is section
4 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–11700 Filed 6–3–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No.: 210528–0119]
RIN 0648–BK31
Fisheries of the Exclusive Economic
Zone Off Alaska; Cook Inlet Salmon;
Amendment 14
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 14 to the
Fishery Management Plan for the
Salmon Fisheries in the Exclusive
Economic Zone (EEZ) Off Alaska
(Salmon FMP). If approved,
SUMMARY:
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
29977
Amendment 14 would incorporate the
Cook Inlet EEZ Subarea into the Salmon
FMP’s West Area, thereby bringing the
Cook Inlet EEZ Subarea and the
commercial salmon fisheries that occur
within it under Federal management by
the North Pacific Fishery Management
Council (Council) and NMFS. The
management measure implemented by
Amendment 14 would be to apply the
prohibition on commercial salmon
fishing that is currently established in
the West Area to the newly added Cook
Inlet EEZ Subarea. This proposed rule is
necessary to comply with a U.S. Court
of Appeals for the Ninth Circuit ruling
and to ensure the Salmon FMP is
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). This
proposed rule is intended to promote
the goals and objectives of the
Magnuson-Stevens Act, the Salmon
FMP, and other applicable laws.
Submit comments on or before
July 6, 2021.
DATES:
You may submit comments,
identified by NOAA–NMFS–2021–0018,
by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2021–0018 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS. Mail
comments to P.O. Box 21668, Juneau,
AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of the
Environmental Assessment, the
Regulatory Impact Review, and the
Social Impact Analysis (collectively
referred to as the ‘‘Analysis’’), and the
draft Finding of No Significant Impact
prepared for this proposed rule may be
ADDRESSES:
E:\FR\FM\04JNP1.SGM
04JNP1
]]>Agencies
[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Proposed Rules]
[Pages 29975-29977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11700]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2020-0017; FF08E00000 FXES11110800000 212]
RIN 1018-BF94
Endangered and Threatened Wildlife and Plants; Finding on a
Petition To List the Tiehm's Buckwheat as Threatened or Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of 12-month petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
12-month finding on a petition to list Tiehm's buckwheat (Eriogonum
tiehmii) as an endangered or threatened species under the Endangered
Species Act of 1973, as amended (Act). The Service has determined,
after a review of the best available scientific and commercial
information, that the petitioned action to list Tiehm's buckwheat, a
plant species native to Nevada in the United States, is warranted. The
Service, therefore, will promptly publish a proposed rule to list
Tiehm's buckwheat under the Act.
DATES: The finding in this document was made on June 4, 2021.
FOR FURTHER INFORMATION CONTACT: Marc Jackson, Reno Ecological Services
Field Office, 1340 Financial Boulevard, Suite 234, Reno, NV 89502;
telephone 775-861-6337. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Relay Service at 800-877-8339.
Availability of supporting materials: Our Species Status Assessment
for Tiehm's buckwheat is available at https://www.fws.gov/reno/content/endangered-species, and at https://www.regulations.gov under Docket No.
FWS-R8-ES-2020-0017.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(B) of the Endangered Species Act of 1973, as
amended (Act; 16 U.S.C. 1531 et seq.), requires that, within 12 months
of receipt of a petition to add a species to, or remove a species from,
the Lists of Endangered and Threatened Wildlife and Plants, a finding
be made as to whether the requested action is: (a) Not warranted, (b)
warranted, or (c) warranted, but precluded by other listing activity.
If the action is found to be warranted, section 4(b)(3)(B)(ii) requires
a prompt publication in the Federal Register of a general notice and
the complete text of a proposed regulation to implement such action.
On October 7, 2019, we received a petition from the Center for
Biological Diversity (CBD; CBD 2019, entire) requesting that Tiehm's
buckwheat be listed as threatened or endangered, that critical habitat
be concurrently designated for this species under the Act, and that the
petition be considered on an emergency basis. The Act does not provide
for a process to petition for emergency listing; therefore, we
evaluated the petition to determine if it presented substantial
scientific or commercial information indicating that the petitioned
action may be warranted. The Service published a 90-day finding on July
22, 2020 (85 FR 44265), stating that the petition presented substantial
scientific or commercial information indicating that listing Tiehm's
buckwheat may be warranted.
On September 29, 2020, CBD filed a complaint in the U.S. District
Court for the District of Nevada against the Service alleging
violations under the Administrative Procedure Act (5 U.S.C. 551 et
seq.); CBD amended the complaint on October 8, 2020, to include a claim
under the Endangered Species Act that the Service had missed the 1-year
deadline of October 7, 2020, for issuing a 12-month finding for Tiehm's
buckwheat. On April 21, 2021, the court issued a decision, and, in
response to a stipulated request for a revised remedy order, on May 17,
2021, the court amended the decision and ordered the Service to deliver
a 12-month finding on Tiehm's buckwheat to the Federal Register by May
31, 2021. The Service now announces a 12-month finding on the October
7, 2019, petition to list Tiehm's buckwheat.
Species Description and Habitat
Tiehm's buckwheat was first discovered in 1983 and described in
1985. All available taxonomic and genetic research information
indicates that Tiehm's buckwheat is a valid and
[[Page 29976]]
recognizable taxon and represents a distinct species. Tiehm's buckwheat
is a low-growing perennial herb, with blueish gray leaves and pale,
yellow flowers that bloom from May to June and turn red with age. Seeds
ripen in late-June through mid-July. Tiehm's buckwheat is a narrow-
ranging endemic known only from one population, comprising eight
subpopulations, in the Rhyolite Ridge area of Silver Peak Range in
Esmeralda County, Nevada. The single population of Tiehm's buckwheat is
restricted to approximately 10 acres (4 hectares) across a 3-square-
mile area, located entirely on public lands administered by the Bureau
of Land Management (BLM). The subpopulations are separated by a rural
county unpaved road where subpopulations 1, 2, and 8 occur north of the
road, and subpopulations 3, 4, 5, 6, and 7 occur south of the road. A
2019 survey estimated that the total Tiehm's buckwheat population is
43,921 individual plants. Surveys have not detected additional
populations of Tiehm's buckwheat.
Tiehm's buckwheat is a soil specialist specifically adapted to grow
on its preferred soil type. The species is restricted to dry, open,
relatively barren slopes with light-colored rocky clay soils derived
from an uncommon formation of interbedded claystones, shales,
tuffaceous sandstones, and limestones. Vegetation varies from pure
stands of Tiehm's buckwheat to sparse associations with a few other
low-growing herbs and grass species. The abundance and diversity of
arthropods (insects, mites, and spiders) observed in Tiehm's buckwheat
subpopulations is especially high (1,898 specimens from 12 orders, 70
families, and 129 species were found in 2020) for a plant community
dominated by a single plant species. Primary pollinator visitors to
Tiehm's buckwheat include wasps, beetles, and flies. Tiehm's buckwheat
benefits from pollinator services and needs pollination to increase
seed production.
Threats
The naturally occurring Tiehm's buckwheat population (represented
by one population with eight subpopulations) and a seedling transplant
experiment suffered detrimental herbivory in 2020. All of the naturally
occurring subpopulations experienced greater than 50 percent damage or
loss of individual plants, while almost all transplants were lost to
rodent herbivores in a 2-week period. An environmental DNA analysis
(i.e., trace DNA found in soil, water, food items, or other substrates
with which an organism has interacted) conducted on damaged Tiehm's
buckwheat roots, nearby soils, and rodent scat strongly linked small
mammal herbivory to the widespread damage and loss of the naturally
occurring Tiehm's buckwheat population. This was the first time
herbivory was documented on the species, although, prior to 2019,
surveys of the population were infrequent. The significance of
herbivory in the naturally occurring population depends not only on its
frequency and intensity, but whether damaged plants can recover and
survive, as we are uncertain if the species will be able to recover
from this damage and loss. Rodent herbivore pressure precluded seedling
survival in experimental plots. Further studies and monitoring need to
be conducted to determine if management to reduce rodent herbivory is
necessary to maintain Tiehm's buckwheat individuals and subpopulations,
or if it was just a random catastrophic event that is not likely to
occur on a regular basis.
The specialized soils on which Tiehm's buckwheat occurs are high in
lithium and boron, making this location of high interest for mineral
development. In May 2020, Ioneer USA Corporation (Ioneer) submitted a
plan of operations to BLM for the proposed Rhyolite Ridge Lithium-Boron
project. The proposed project is awaiting BLM permitting and approval
for mineral development in the areas where the Tiehm's buckwheat
population occurs. Ioneer's proposed Rhyolite Ridge Lithium-Boron
project, if permitted by BLM, would result in the loss of habitat and
subpopulations 4, 5, 6, and 7, even with the voluntary protection
measures included in Ioneer's s project proposal. The potential impact
from the proposed project, combined with the loss resulting from the
recent herbivory event, would reduce the total Tiehm's buckwheat
population by 70 to 88 percent, or from 43,921 individuals to roughly
5,289-8,696 individuals. The number of individuals estimated to survive
is a range because we do not know yet if the plants damaged from
herbivory will be able to recover and survive. The low end of this
range is based on permanent loss of damaged plants, while the high end
represents conditions if all the herbivore-damaged plants recover. Dust
deposition, generated from increased vehicle traffic associated with
mine operations, may also negatively affect the overall health and
physiological processes of the subpopulations remaining (1, 2, 3, and
8) after full implementation of the project.
Ioneer is proposing to salvage all remaining plants in
subpopulations 4, 5, 6, and 7 by transplanting them to another
location. However, we are uncertain whether the salvage operation will
succeed because current research indicates that Tiehm's buckwheat is a
soil specialist, that adjacent unoccupied sites are not suitable for
all early life-history stages, and there has been no testing and
multiyear monitoring on the feasibility of successfully transplanting
the species. The impact to Tiehm's buckwheat from mining, salvage
operations, or both would be permanent and irreversible under the
proposed project because the plants and the land on which they are
currently growing, including any existing seed bank in the soil, would
be completely removed, and in place of that site there would be a
terminal quarry lake. The terminal quarry lake would develop when the
mining operation ceased pumping out the anticipated groundwater that
would infiltrate the quarry. Elimination of these subpopulations may
remove corridors for pollinator movement, seed dispersal, and
population expansion. There is strong evidence that subpopulation 6 is
the most resilient of the eight Tiehm's buckwheat subpopulations. This
subpopulation contains multiple life stages of individual plants,
including the majority of older and larger plants across all
populations. In addition, subpopulation 6 has the most variety in size
classes of individual plants, indicating it is likely experiencing the
most recruitment. Loss of subpopulation 6, in particular, may have an
immense impact on the overall resiliency and continued viability of the
entire Tiehm's buckwheat population.
In addition to the direct impacts from the physical removal of
subpopulations as a result of the project, road development and vehicle
traffic associated with the proposed mine, as well as livestock grazing
which currently occurs within the Tiehm's buckwheat population as part
of the BLM's Silver Peak allotment, may create conditions that further
favor the establishment of nonnative invasive species within Tiehm's
buckwheat habitat. Mineral exploration has already impacted Tiehm's
buckwheat habitat by contributing to the spread of saltlover (Halogeton
glomeratus), a nonnative invasive plant species, within all
subpopulations of the species. Mineral exploration activities can
result in disturbance to natural soil conditions that support Tiehm's
buckwheat and encourage spread of saltlover, which alters the substrate
by making the soil
[[Page 29977]]
more saline and less suitable as habitat for Tiehm's buckwheat. Mineral
exploration vehicles also can carry the seeds of nonnative invasive
plant species into the area. Road improvements also allow easier and
greater access for recreational vehicles and off-highway vehicles
(OHVs), with OHV impacts documented in subpopulation 1. Both livestock
grazing and OHV use can kill or damage individual plants and modify
Tiehm's buckwheat habitat through fragmentation and soil compaction.
In addition, Tiehm's buckwheat is adapted to dry upland sites,
subject only to occasional saturation by rain and snow. Under climate
change predictions, we anticipate alteration of precipitation and
temperature patterns, as models forecast warmer temperatures and slight
increases in precipitation. The timing and type of precipitation
received (snow vs. rain) may impact plant transpiration and the soil
water recharge needed by Tiehm's buckwheat. Additionally, variability
in interannual precipitation combined with increasing temperatures, as
recently seen from 2015 through 2020, may make conditions less suitable
for Tiehm's buckwheat by bolstering local rodent populations. High
rodent abundance combined with high temperatures and drought may have
contributed to the large herbivore impacts in 2020 in both the
transplant experiment and native population. Thus, climate change may
exacerbate impacts from other threats currently affecting this species
and its habitat.
Tiehm's buckwheat does not currently receive regulatory protection
from the State of Nevada. BLM has designated Tiehm's buckwheat as a
sensitive species. However, BLM's regulations require operators to
avoid adverse effects only to species listed as threatened or
endangered under the Act and their habitat (43 CFR 3809.420(b)(7)), not
sensitive species. Also, under BLM's regulations operators may explore,
place mining claim monuments, and cause a surface disturbance of up to
5 acres after an operator gives notice to BLM and waits 15 days (43 CFR
3809.21(a)). BLM lacks discretion to require conservation measures for
sensitive species as a condition for exploring for or developing
minerals subject to disposal under the Mining Law of 1872, as amended
(30 U.S.C. 22-54). In some circumstances, operators may include
voluntary commitments to undertake protection or conservation measures
as part of their proposed mining operations, as Ioneer has done in its
proposed mine plan.
Finding
Based upon the preceding information, the totality of threats
described above, and other information contained in the Tiehm's
buckwheat Species Status Assessment (SSA), the Service has determined
that the petitioned action to list Tiehm's buckwheat under the
Endangered Species Act of 1973, as amended, is warranted. The Service,
therefore, will promptly publish a proposed rule to list Tiehm's
buckwheat. We will open a public comment period at the time of
publication of the proposed rule. Any information received from the
public prior to the publication of the proposed rule will be considered
and addressed when we address comments received on the proposed rule.
Author
This document was prepared by the U.S. Fish and Wildlife Service,
Reno Fish and Wildlife Office, 1340 Financial Blvd., Suite 234, Reno,
NV 89521 and the U.S. Fish and Wildlife Service, Regional Office, 2800
Cottage Way, Sacramento, CA 95825.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-11700 Filed 6-3-21; 8:45 am]
BILLING CODE 4333-15-P
