Proposed Rule2021-11700
Endangered and Threatened Wildlife and Plants; Finding on a Petition To List the Tiehm's Buckwheat as Threatened or Endangered
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2021
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 106 (Friday, June 4, 2021)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.fws.gov/reno/content/endangered-species">https://www.fws.gov/reno/content/endangered-species</a>, and at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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
</pre></body>
</html>Indexed from Federal Register on June 4, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.