[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Proposed Rules]
[Pages 1054-1078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30380]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2024-0115; FXES1113090FEDR-256-FF09E22000]
RIN 1018-BH97
Endangered and Threatened Wildlife and Plants; Removal of Ute
Ladies'-Tresses From the List of Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
remove Ute ladies'-tresses (Spiranthes diluvialis) from the Federal
List of Endangered and Threatened Plants. This determination also
serves as our 12-month finding on a petition to delist Ute ladies'-
tresses. After a review of the best available scientific and commercial
information, we find that delisting the species is warranted. Our
review indicates that the threats to Ute ladies'-tresses have been
eliminated or reduced to the point that the species no longer meets the
definition of an endangered or threatened species under the Endangered
Species Act of 1973, as amended (Act). Accordingly, we propose to
delist Ute ladies'-tresses. If we finalize this rule as proposed, the
prohibitions and conservation measures provided by the Act,
particularly through sections 7 and 9, would no longer apply to Ute
ladies'-tresses. We request information and comments from the public
regarding this proposed rule and the draft post-delisting monitoring
(PDM) plan for Ute ladies'-tresses.
DATES: We will accept comments received or postmarked on or before
March 10, 2025. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. eastern time on the closing date. We must receive requests for
public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by February 21, 2025.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R6-ES-2024-0115,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, check the Proposed
Rule box to locate this document. You may submit a comment by clicking
on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R6-ES-2024-0115, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: This proposed rule and
supporting documents, including the 5-year review, draft recovery plan,
draft post-delisting monitoring plan (PDM), and the species status
assessment (SSA) report, are available at https://www.regulations.gov
under Docket No. FWS-R6-ES-2024-0115 and on the Service's website at
https://ecos.fws.gov/ecp/species/2159.
FOR FURTHER INFORMATION CONTACT: George Weekley, Field Office
Supervisor, U.S. Fish and Wildlife Service, Utah Ecological Services
Field Office, 2369 West Orton Circle, Suite 50, West Valley City, UT
84119; telephone 801-239-0561. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States. Please see Docket No. FWS-
R6-ES-2024-0115 on https://www.regulations.gov for a document that
summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, a species warrants
delisting if it no longer meets the definition of an endangered species
(in danger of extinction throughout all or a significant portion of its
range) or a threatened species (likely to become an endangered species
within the foreseeable future throughout all or a significant portion
of its range). Ute ladies'-tresses is listed as threatened, and we are
proposing to delist it. We have determined Ute ladies'-tresses does not
meet the Act's definition of an endangered or threatened species.
Delisting a species can be completed only by issuing a rule through the
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
What this document does. This action proposes to remove Ute
ladies'-tresses from the List of Endangered and Threatened Plants
(i.e., ``delist'' the species) based on its recovery.
The basis for our action. Under the Act, we may determine that a
species is an endangered species or a threatened species because of any
of 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. The determination to delist a
species must be based on an analysis of the same factors.
Under the Act, we must review the status of all listed species at
least once every 5 years. We must delist a species if we determine,
based on the best available scientific and commercial data, that the
species is neither an endangered species nor a threatened species. Our
regulations at 50 CFR 424.11(e) identify four reasons why we might
determine a species shall be delisted: (1) The species is extinct; (2)
the species has recovered to the point at which it no longer meets the
definition of an endangered species or a threatened species; (3) new
information that has become available since the original listing
decision shows the listed entity does not meet the definition of an
endangered species or a threatened species; or (4) new information that
has become available since the original listing decision shows the
listed entity does not meet the definition of a species. We have
determined that Ute ladies'-tresses has recovered to the point at which
it no longer meets the definition of an endangered species or a
threatened species; therefore, we are proposing to delist it.
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or
[[Page 1055]]
information from other concerned governmental agencies, Native American
Tribes, the scientific community, industry, or any other interested
parties concerning this proposed rule.
We particularly seek comments concerning:
(1) Reasons we should or should not remove Ute ladies'-tresses from
the List of Endangered and Threatened Plants;
(2) Relevant data concerning any threats (or lack thereof) to Ute
ladies'-tresses, particularly any data on the possible effects of
climate change as it relates to habitat, as well as the extent of State
protection and management that would be provided to this plant as a
delisted species;
(3) Current or planned activities within the geographic range of
Ute ladies'-tresses that may have either a negative or positive impact
on the species; and
(4) Considerations for post-delisting monitoring, including
monitoring protocols and length of time monitoring is needed, as well
as triggers for reevaluation.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination. Section 4(b)(1)(A) of
the Act directs that determinations as to whether any species is an
endangered species or a threatened species must be made solely on the
basis of the best scientific and commercial data available.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov.
Our final determination may differ from this proposal because we
will consider all comments we receive during the comment period as well
as any information that may become available after this proposal. For
example, based on the new information we receive (and if relevant, any
comments on that new information), we may conclude that the species
should remain listed as threatened, or we may conclude that the species
should be reclassified from threatened to endangered. We will clearly
explain our rationale and the basis for our final decision, including
why we made changes, if any, that differ from this proposal.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this
proposal, if requested, and announce the date, time, and place of the
hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing. We may hold the public hearing in person or virtually via
webinar. We will announce any public hearing on our website, in
addition to the Federal Register. The use of these virtual public
hearings is consistent with our regulation at 50 CFR 424.16(c)(3).
Peer Review
A species status assessment (SSA) team prepared an SSA report for
Ute ladies'-tresses. The SSA team was composed of Service biologists,
in consultation with other species experts from Federal agencies, State
wildlife and heritage programs, and local conservation groups. The SSA
report represents a compilation of the best scientific and commercial
data available concerning the status of the species, including the
impacts of past, present, and future factors (both negative and
beneficial) affecting the species.
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review of
listing and recovery actions under the Act, we solicited independent
scientific review of the information contained in the Ute ladies'-
tresses SSA report. The Service sent the SSA report to seven
independent peer reviewers and received three responses. Results of
this structured peer review process can be found at https://www.regulations.gov at Docket No. FWS-R6-ES-2024-0115. In preparing
this proposed rule, we incorporated the results of these reviews, as
appropriate, into the final SSA report, which is the foundation for
this proposed rule.
Summary of Peer Reviewer Comments
As discussed in Peer Review above, we received comments from three
peer reviewers on the draft SSA report. We reviewed all comments we
received from the peer reviewers for substantive issues and new
information regarding the contents of the SSA report. As discussed
above, because we conducted this peer review prior to this proposed
rule, we have already incorporated all applicable peer review comments
in version 1.1 of the SSA report, which is the foundation for this
proposed rule.
The peer reviewers provided additional information, clarifications,
and recommendations pertaining to our analysis of Ute ladies'-tresses'
current and future condition. We either incorporated or clarified
substantial comments in the SSA report or address them below. In
addition to substantive comments on the SSA report, we received several
comments requesting the inclusion of additional biological information
about orchids, more detail on the methods used in the suitable habitat
model, and suggestions for climate change models to consider. Those
comments were incorporated in the SSA report where applicable and are
not summarized here.
(1) Comment: One reviewer was concerned with how we scored the
overall current resiliency of analytical units (AUs). The reviewer
stated that our scoring does not necessarily identify truly high
resiliency conditions but rather provides a relative evaluation of AU
resiliency, noting that an overall high resiliency score can be
achieved even if one metric, such as vegetative habitat, is in low
condition.
Our response: We developed our current condition evaluation in
coordination with species experts, and our scoring reflects the
relative contribution of each metric (e.g., hydrological condition,
vegetative habitat) to overall AU resiliency as discussed below in
Current Condition. Ute ladies'-tresses is adapted to disturbance and
changing hydrological and habitat conditions, and AUs may maintain high
resiliency even when some of the species' needs are not being optimally
met at individual occurrences or portions of those occurrences.
[[Page 1056]]
Therefore, our scoring of overall AU resiliency is appropriate.
(2) Comment: One reviewer commented that the comparisons of AU
resiliency using the suitable habitat and connectivity metrics is
problematic because different modeling approaches were used to generate
suitable habitat in each AU based on the opinions of different
biologists across the species' range. Therefore, the suitable habitat
models were much more conservative, and therefore limited, for some AUs
compared to others, resulting in inconsistencies in how AUs were
evaluated for resiliency. The reviewer recommended that we use a
standardized, rangewide method for the suitable habitat model.
Our response: We initially considered using a draft suitable
habitat model using consistent methods recommended by the reviewer;
however, input from species experts indicated that this model and other
draft models overpredicted, rather than reasonably predicted, suitable
habitat across the species' range. The modeling approach used in the
SSA reflects local conditions and the variation across the range based
on occurrence data within each AU, which would not be reflected using a
standardized, rangewide method as recommended by the reviewer. When
developing the final suitable habitat model, we incorporated
recommendations from Service biologists in every State within the
species' range to evaluate whether model predictions were a good
reflection of suitable habitat for their respective AUs. The final
model we relied on for our evaluation of suitable habitat in the SSA
report is a combination of AU-level hydrologic unit code (HUC) 6 models
and expert opinion, and we consider that model to provide the best
representation of potentially suitable habitat for Ute ladies'-tresses
given the species' life-history traits, occurrence data, and variation
across its range.
Previous Federal Actions
On September 27, 1985, we published a notice of review in the
Federal Register (50 FR 39526) issuing a list of plant taxa being
considered for listing as endangered or threatened. Ute ladies'-tresses
was included on this list as a Category 2 species. Category 2 species
were taxa for which information in possession of the Service indicated
that proposing to list them as endangered or threatened species was
possibly appropriate, but we lacked conclusive data on biological
vulnerability and threats to support the immediate preparation of a
proposed rule.
On February 21, 1990, we published a notice of review in the
Federal Register (55 FR 6184) reclassifying Ute ladies'-tresses from a
Category 2 species to a Category 1 species based on a review of
information collected since 1985. Category 1 species were taxa for
which we had on file enough substantial information on biological
vulnerability and threat(s) to support proposed rules to list them as
endangered or threatened species. However, a proposed rule to list Ute
ladies'-tresses was not issued because the action was precluded at the
time by other listing activity. In the 1990 notice of review, we used
the common name ``plateau lady's tresses'' for Spiranthes diluvialis.
On November 13, 1990, we published in the Federal Register (55 FR
47347) a proposed rule to list Ute ladies'-tresses as a threatened
species due to the primary threat of water development and urbanization
in its riparian habitat. At that time, the species was known to be
comprised of fewer than 3,000 plants in 7 populations. Our proposed
rule used ``Ute ladies'-tresses'' as the common name for Spiranthes
diluvialis in recognition of the fact that the species' known
historical range was used largely by the Ute Indian Tribe. We
determined that it would not be prudent to designate critical habitat
because the publication of critical habitat descriptions and maps would
make this orchid species more vulnerable to collection.
Three additional populations were identified in Utah and Nevada
prior to the final listing rule, for a total of 10 known populations
with an estimated population size of fewer than 6,000 plants. On
January 17, 1992, we published in the Federal Register (57 FR 2048) a
final rule to list Ute ladies'-tresses as a threatened species. The
final rule included a determination that the designation of critical
habitat for Ute ladies'-tresses was not prudent.
When we listed Ute ladies'-tresses as a threatened species (see 57
FR 2048, January 17, 1992), we identified habitat loss and modification
due to water development and urbanization (Factor A) as the primary
threat to the species. We considered collection (Factor B) to be a
threat because it is an orchid species. Disease and predation (Factor
C) were not considered threats. Regulatory mechanisms (Factor D)
included a limited degree of protection for the species' wetland
habitat under the Clean Water Act (33 U.S.C. 1251 et seq.), and
international trade for all orchids is regulated by the Convention on
International Trade in Endangered Species of Wild Flora and Fauna
(CITES; 27 U.S.T. 1087, March 3, 1973). Finally, we identified the
species' small and scattered populations, variable demographic
structure of populations, and a presumed slow reproductive rate (Factor
E) as making the species more vulnerable to other threats and
stressors.
In 1995, we completed a draft recovery plan for the species
(Service 1995, entire). To date, this plan has not been finalized.
On May 10, 1996, we received a petition from the Central Utah Water
Conservancy District (CUWCD) to delist Ute ladies'-tresses pursuant to
the Act (Christiansen 1996, entire). A ``Special Status Species
Update'' for Ute ladies'-tresses, dated April 1996, accompanied the
petition as supporting information (CUWCD 1996, entire). In response to
the petitioner's request to delist Ute ladies'-tresses, we sent a
letter to the petitioner on June 10, 1996, explaining our inability to
act upon the petition due to the low priority assigned to delisting
petitions in our 1996 Listing Priority Guidance (61 FR 24722, May 16,
1996).
On October 12, 2004, we published in the Federal Register (69 FR
60605) a 90-day finding that the 1996 petition contained substantial
information indicating that delisting Ute ladies'-tresses may be
warranted. However, higher priority work continued to preclude our
ability to take further action on this petition. This proposed rule
constitutes our 12-month finding on the May 10, 1996, petition to
delist Ute ladies'-tresses under the Act.
In 2023, we completed an SSA report to evaluate the species'
rangewide status and inform a 5-year status review. On August 8, 2023,
we completed a 5-year review that recommended delisting Ute ladies'-
tresses due to recovery.
Background
Species Description and Habitat Information
A thorough review of the taxonomy, life history, and ecology of Ute
ladies'-tresses is presented in the SSA report, version 1.1 (Service
2024, entire). Ute ladies'-tresses is an herbaceous (not woody),
perennial plant in the orchid family (Orchidaceae) found in the western
United States and Canada. It is a terrestrial orchid (grows in the
ground) and inhabits naturally occurring and human-created wetland
habitats. When it was first described as a species in 1984, Ute
ladies'-tresses was known to occur only in Utah and Colorado (Sheviak
1984, entire). Today, the species is found in eight U.S. States
(Colorado, Idaho, Montana, Nebraska, Nevada, Utah, Washington, and
[[Page 1057]]
Wyoming) and southern British Columbia, Canada (Service 2024, p. 4).
Ute ladies'-tresses is a naturally occurring allopolyploid species,
meaning it has more than one pair of chromosomes derived from the
hybridization of two genetically distinct species (Szalanski et al.
2001, pp. 178-179). Ute ladies'-tresses is fertile (produces fertile
offspring) but is not cross-compatible with either of its parent
species, hooded lady's tresses (Spiranthes romanzoffiana) and Great
Plains lady's tresses (S. magnicamporum) (Szalanski et al. 2001, pp.
178-179; Fertig et al. 2005, pp. 7-8). The ranges of hooded lady's
tresses and Great Plains lady's tresses do not currently overlap with
each other, but may have overlapped during the Pleistocene, a
geological epoch that ended approximately 11,700 years ago (Sheviak
1984, p. 9). The hooded lady's tresses is present within the range of
Ute ladies'-tresses but generally occupies higher elevations than Ute
ladies'-tresses (above 7,000 feet (ft) (2,133 meters (m))), so the two
species are mostly spatially separate within their overlapping ranges.
Where they co-occur in Idaho, hooded lady's tresses flowers earlier
than Ute ladies'-tresses (Moseley 2000, pp. 1-2).
A genetic study of Ute ladies'-tresses identified an unusually high
degree of genetic variability within samples from several occurrences
in Colorado and Utah, which suggests the species may have evolved from
two or more separate hybridization events between hooded lady's tresses
and Great Plains lady's tresses (Arft and Ranker 1998, p. 119).
However, little genetic differentiation was found between samples from
various occurrences in Colorado, Idaho, Montana, Nebraska, Utah, and
Wyoming, suggesting that there may be a high degree of gene flow
between Ute ladies'-tresses in those areas. No genetic studies have
been conducted on Ute ladies'-tresses in the Upper Columbia basin of
Washington and British Columbia, which is highly disjunct without any
known connectivity to other occupied basins, or in the Lower Colorado-
Lake Mead basin of Nevada, which contains a single isolated occurrence.
Ute ladies'-tresses plants are approximately 4.7 to 23.6 inches
(in) (12 to 60 centimeters (cm)) tall and grow from tuberous-thickened
roots (enlarged fleshy roots that store starch and nutrients). Basal
leaves are grass-like, up to 11 in (28 cm) long, and leaves become
progressively smaller up the stem (Sheviak 1984, entire). Flowers are
small (0.3 to 0.6 in (7.5-15 millimeters (mm) long)), white or ivory-
colored, and arranged in a gradual spiral along the flowering stalks
(inflorescences) that inspired the ladies'-tresses part of the common
name (Service 2024, p. 30). One diagnostic feature that distinguishes
Ute ladies'-tresses from hooded lady's tresses is how fused the sepals
(lower part of the flower that supports the petals) are to each other;
the sepals of Ute ladies'-tresses are separate or fused only at the
base, whereas the sepals of hooded lady's tresses are fused into a
hood-like structure. Fruits are cylindric capsules with numerous seeds
(Sheviak 1984, entire; Fertig et al. 2005, p. 7).
Ute ladies'-tresses has five life stages: seeds, seedlings, dormant
plants, vegetative plants, and reproductive plants (Fertig 2020, p. 67;
Service 2024, p. 31). Plants are perennial, appear to be long-lived,
and likely depend on a specific symbiotic mycorrhizal (fungal)
association during all life stages based on studies of other
terrestrial orchids (Batty et al. 2002, pp. 196-197). Many terrestrial
orchids have lifespans of 20 to 30 years or more, with at least one
Spiranthes species having a lifespan of more than 60 years (Willems and
Dorland 2010, p. 346; Shefferson et al. 2020, pp. 318-319).
Ute ladies'-tresses can likely reproduce asexually through root
splitting (Fertig et al. 2005, p. 67), but the species primarily
reproduces sexually through seed production. Plants cannot produce
seeds without pollinators. The primary pollinators of Ute ladies'-
tresses are bumblebees (Bombus spp.), solitary bees of the Anthophora
genus, and honeybees (Apis mellifera) (Sipes and Tepedino 1995, entire;
Sipes et al. 1995, pp. 1-3, 15-17; Pierson and Tepedino 2000, pp. 8,
16, 27-28). Plants typically flower in August and September (Fertig et
al. 2005, p. 54), but the timing varies by location and local
environmental conditions. Flowering has been documented as early as the
beginning of July in Nevada, a hotter and drier part of the range, and
as late as October in cooler, higher elevation occurrences (Great Basin
Institute (GBI) 2009, p. 3; Ute ladies'-tresses Technical Team (ULT
Tech) 2021, entire).
Orchid seeds are extremely small (the size of dust particles), are
easily dispersed by wind and water, and do not provide much nourishment
for the embryo (undeveloped plant) after germination (Sipes et al.
1995, p. 23). If the embryo can quickly form a mycorrhizal association,
it is able to obtain nutrients directly from the soil fungi without
relying on photosynthesis (Hildebrand 1998, p. 4; McGonigle and
Sheridan 2004, p. 11; Yeung 2017, pp. 8-9). Seedlings persist
underground and rely on the mycorrhizal association to develop shoots
and leaves. It is unknown how long seedlings remain underground before
transitioning to other life stages (vegetative or adult plants). We
assume that Ute ladies'-tresses persist as a seedling for at least 1
year.
Ute ladies'-tresses may transition from being vegetative to
reproductive or from reproductive to vegetative in subsequent
aboveground years, and periods of dormancy below ground may occur
throughout a plant's life (Yeung 2017, entire; ULT Tech 2021, entire;
Service 2024, pp. 31-32). Plants can survive unfavorable conditions in
a state of dormancy for multiple years (11 consecutive years or
longer), either as a germinated seedling in a symbiotic mycorrhizal
(fungal) association, known as a protocorm, or as an adult root mass
(Fertig et al. 2005, p. 61). Adult plants do not emerge above ground or
flower every year; flowering likely depends on environmental conditions
and when the plant last flowered--a plant that flowered in the previous
year may be more likely to remain vegetative or become dormant the
following year (Willems and Dorland 2010, p. 345). It is difficult to
track these cycles because humans can only reliably detect flowering
plants, not other life stages (seeds, seedlings, dormant or vegetative
plants), in the field (ULT Tech 2021, entire).
Ute ladies'-tresses has a ruderal (early colonizer of disturbed
habitats) life-history strategy in which it can disperse within
watersheds and quickly establish and produce seeds in favorable habitat
conditions that may only be available for short periods of time (Gadgil
and Solbrig 1972, entire). Ruderal plants are also able to persist in
place and wait for favorable habitat conditions to return following
disturbance events. The species disperses along connected waterways
(river corridors, perennial streams, canals, lakeshores, wet meadows,
and agricultural ditches), and plants appear in newly created or
disturbed features (such as islands, point bars, shorelines) within the
watershed. The species also persists in unsuitable habitat conditions
that were previously suitable. Dormant Ute ladies'-tresses plants or
seedlings can survive in late-seral successional habitats or unsuitable
habitats below ground for years and then emerge above ground after
disturbance reestablishes early- to mid-seral successional habitat
conditions or adequate moisture is restored (Heidel 2001, entire). As
mentioned above, we can only reliably detect flowering plants, and the
species
[[Page 1058]]
does not necessarily flower every year. Therefore, Ute ladies'-tresses
may appear to be extirpated from an area when in fact dormant or non-
reproductive individuals are still present.
Range, Distribution, Abundance, and Trends of Ute Ladies'-Tresses
The current range of Ute ladies'-tresses spans eight States in the
western United States (Colorado, Idaho, Montana, Nebraska, Nevada,
Utah, Washington, and Wyoming) and the Canadian province of British
Columbia (Service 2024, pp. 39-40). There are 62 extant Ute ladies'-
tresses element occurrences (occurrences) distributed across 18
watershed basins, referred to as analytical units (AUs) and defined as
populations in the SSA report. An AU may contain one or more element
occurrences. The current range is much larger than the three States
(Colorado, Nevada, and Utah) known to be occupied at the time of
listing in 1992. Ute ladies'-tresses has not been found in Arizona,
even though that State is considered to be part of two AUs (Lower
Colorado-Lake Mead and Upper Colorado-Dirty Devil), because the species
occurs in other States within those watersheds. Across its wide range,
Ute ladies'-tresses is found in 3 different ecological classifications
(Great Plains, North American Deserts, and Western Forested Mountains),
12 level-III ecoregions, and 7 habitat types (Fertig et al. 2005, pp.
21-33; U.S. Environmental Protection Agency 2013, entire; Service 2024,
pp. 123-125).
At the time of listing in 1992, we reported 10 extant occurrences
(defined as populations in the listing rule) with fewer than 6,000
plants and occurring on approximately 170 acres (ac) (69 hectares (ha))
of habitat (see 57 FR 2048, January 17, 1992). By 2005, there were
known to be 52 extant occurrences with at least 83,316 flowering plants
on 674 to 783 ac (273 to 317 ha) of habitat (Fertig et al. 2005, pp.
34-62). The 2005 flowering plant estimate was based on the maximum
number of flowering plants reported over a multi-year period for each
occurrence, since most surveys underestimate the number of dormant,
vegetative, and fruiting plants in an occurrence (Fertig et al. 2005,
p. 62). The current number of known extant occurrences has increased to
62. The number of flowering plants detected has likely also increased,
but we do not provide an estimate of flowering plants in the SSA report
for the following reasons: (1) there is a lack of consistent monitoring
methods; (2) monitoring does not account for the geographic shifts in
occupied habitat; and (3) monitoring does not account for four of the
five life stages (seeds, seedlings, dormant plants, and vegetative
plants) (ULT Tech 2021, entire). When a plant population contains
dormant individuals, population size and trend can be accurately
determined if we know the average number of years a plant is dormant
and we can account for at least three life stages (dormant, vegetative,
and flowering plants) (Lesica and Steele 1994, entire; Heidel 2001, p.
8; Fertig et al. 2005, pp. 61-62). However, this information is not
available for Ute ladies'-tresses.
Ute ladies'-tresses occurrences demonstrate metapopulation
structure within watersheds (AUs) where persistence is governed by the
processes of patch colonization, extirpation (local extinction), and
recolonization (Sipes et al. 1995, p. 26; Freckleton and Watkinson
2002, p. 419). These metapopulations are important to the viability of
the species, as long-term persistence is generally higher in
metapopulations than in small, isolated occurrences (Lesica 1992, p.
420). Consequently, identification of metapopulations and the
availability of potentially suitable habitat is important for assessing
the status of Ute ladies'-tresses (Freckleton and Watkinson 2002, p.
432; Service 2024, pp. 89-91).
In the SSA report, we delineated occurrences based on NatureServe
criteria for water and land dispersal distances, which are grouped by
plant locations connected by suitable habitat and generally less than
6.2 miles (mi) (10 kilometers (km)) and 1.2 mi (2 km) from each other
along waterways and over land, respectively (NatureServe 2020, p. 6;
Service 2024, p. 26). We know of 75 Ute ladies'-tresses occurrences,
and we consider 62 of those occurrences to be currently occupied. We
considered the 62 currently occupied occurrences in our analysis of
current conditions if suitable habitat was still present, even if we
had some negative observation data for a location. This assumption is
consistent with field observations, expert opinion, and long-term
monitoring data of occurrences in Nevada, Washington, and Utah (ULT
Tech 2021, entire; Service 2024, pp. 31-32). In the SSA report, we also
considered 13 historical occurrences, one of which was the only known
occurrence in its AU (Upper Arkansas), to be extirpated based on the
loss of occupied or suitable habitat due to development, change in
hydrology, or imprecise historical records (Service 2024, pp. 100-110).
We considered 11 of these historical occurrences, located in or near
densely populated areas of Utah, Colorado, and Montana, to be
extirpated because of urban development. Despite these losses, the
current distribution of the species appears to be stable.
We refer to the watershed basins as AUs in the SSA report and
consider them to be a surrogate for populations to better account for
the species' widespread, dynamic distribution and complex life history.
Given the detectability and monitoring limitations mentioned above, we
consider the metapopulation structure--the number of occupied
occurrences within a watershed (AU)--to be a better measure of
population size rather than abundance counts of flowering plants.
Considerably more occurrences have been discovered since listing in
1992, and new occurrences have been located every year for at least the
past 10 years within known AUs. The most recent occurrence was
discovered in 2023, after the species' 5-year status review was
finalized, and in 2020, one occurrence was discovered in an AU
previously considered extirpated (Atkin 2020, pers. comm.; Billings and
Wheeler 2021, entire; Heidel 2023, entire; Service 2024, p. 77).
However, this does not necessarily indicate an increasing population
size or positive population trend for the species; it could be the
result of an increased survey effort and awareness. Based on our
measure of population size (i.e., the number of occupied occurrences
within an AU), the population trend for the species appears to be
stable.
Our evaluation of population trend is based on our assessment of
the availability of potentially suitable habitat within AUs. The
suitable habitat model provides a relative estimate of the species'
potential abundance within an AU to evaluate whether a watershed would
continue to support metapopulation dynamics and the species' population
needs (see Current Condition, below for more information).
Roughly 95 percent of the species' range occurs in the United
States, with the remaining 5 percent of its range occurring in the
province of British Columbia, Canada. In the United States,
approximately 37 percent of land where the species occurs is federally
owned or managed by the Bureau of Land Management (BLM), the U.S.
Bureau of Reclamation (USBR), the U.S. Forest Service (USFS), the
Service, the National Park Service (NPS), and the Department of Defense
(DOD). Almost half of the land, approximately 47 percent, is under
private ownership. There is a small amount (approximately 3 percent) of
Ute ladies'-tresses habitat where the land ownership is not known. The
remaining 13 percent of the species'
[[Page 1059]]
range is on State and Tribal lands (Service 2024, p. 39).
Recovery Criteria
Section 4(f) of the Act directs us to develop and implement
recovery plans for the conservation and survival of endangered and
threatened species unless we determine that such a plan will not
promote the conservation of the species. Under section 4(f)(1)(B)(ii),
recovery plans must, to the maximum extent practicable, include
objective, measurable criteria which, when met, would result in a
determination, in accordance with the provisions of section 4 of the
Act, that the species be removed from the Lists of Endangered and
Threatened Wildlife and Plants.
Recovery plans provide a roadmap for us and our partners on methods
of enhancing conservation and minimizing threats to listed species, as
well as measurable criteria against which to evaluate progress towards
recovery and assess the species' likely future condition. However, they
are not regulatory documents and do not substitute for the
determinations and promulgation of regulations required under section
4(a)(1) of the Act. A decision to revise the status of a species or to
delist a species is ultimately based on an analysis of the best
scientific and commercial data available to determine whether a species
is no longer an endangered species or a threatened species, regardless
of whether that information differs from the recovery plan.
There are many paths to accomplishing recovery of a species, and
recovery may be achieved without all of the criteria in a recovery plan
being fully met. For example, one or more criteria may be exceeded
while other criteria may not yet be accomplished. In that instance, we
may determine that the threats are minimized sufficiently and that the
species is robust enough that it no longer meets the definition of an
endangered species or a threatened species. In other cases, we may
discover new recovery opportunities after having finalized the recovery
plan. Parties seeking to conserve the species may use these
opportunities instead of methods identified in the recovery plan.
Likewise, we may learn new information about the species after we
finalize the recovery plan. The new information may change the extent
to which existing criteria are appropriate for identifying recovery of
the species. The recovery of a species is a dynamic process requiring
adaptive management that may, or may not, follow all of the guidance
provided in a recovery plan.
Here, we provide a summary of progress made toward achieving the
draft recovery criteria for Ute ladies'-tresses. More detailed
information related to conservation efforts can be found below under
Summary of Biological Status and Threats. We completed a draft recovery
plan for Ute ladies'-tresses in 1995 that has not been finalized
(Service 1995, entire); however, the draft plan is nearly 3 decades old
and no longer reflects the best scientific information available for
Ute ladies'-tresses.
The draft plan describes a process for watershed-level planning and
management to maintain and restore watershed conditions (i.e., natural
flows and hydrography, stream gradients, and soils) for the long-term
persistence of the species (Service 1995, p. 15). The draft plan
attempts to interpret and define ``ecosystem management'' and apply it
to the recovery of Ute ladies'-tresses. The draft plan also states the
expectation that population levels (occurrences in this case) and the
amount of suitable habitat will fluctuate over time within a watershed
(Service 1995, p. 15).
The draft plan states that specific population metrics were not
identified because population viability is determined by habitat
conditions and the maintenance of natural watershed processes.
Therefore, the significance of population size and distribution can
only be assessed in the ability of the watershed to support the
species, and those linkages between watershed processes, habitat
conditions, and population response are complex and not completely
understood (Service 1995, p. 15).
Below, we identify the two delisting criteria described in the 1995
Ute ladies'-tresses draft recovery plan (Service 1995, p. 15), and the
progress made to date in achieving the criteria. However, we
acknowledge that because of advances in our understanding of Ute
ladies'-tresses, the delisting criteria are not measurable, no longer
reflect the best available science about the species, and may no longer
be relevant.
Criteria for Delisting
Recovery Criterion 1: Viable populations throughout Ute ladies'-
tresses' historical range and representative of its genetic endowment
are maintained in riparian habitats of streams in a state of dynamic
equilibrium.
Progress: We have a much better understanding of Ute ladies'-
tresses current range since the time of listing in 1992. The known
current range of Ute ladies'-tresses has expanded from three U.S.
States (Utah, Colorado, and Nevada) to eight U.S. States (Colorado,
Idaho, Montana, Nebraska, Nevada, Utah, Washington, and Wyoming) and
the Canadian province of British Columbia (Service 2024, pp. 39-40).
Based on information through 2023, there are a total of 62 extant
occurrences of Ute ladies'-tresses distributed across 18 watershed
basins (AUs defined as populations in the SSA report). The species'
current range includes 14 more AUs than known at the time of listing
when we apply the AU-scale to the known populations in 1992. We
consider AUs to be synonymous with the criterion's use of
``populations,'' and the criterion does not specify the number of AUs
needed to achieve recovery.
We note that the criterion references Ute ladies'-tresses'
historical range. However, it is more appropriate to define recovery
based on Ute ladies'-tresses' current range, because endangered and
threatened species and their recovery are defined and evaluated based
on their current range under the Act (see the definitions of
``endangered species'' and ``threatened species'' at 16 U.S.C. 1532(6)
and (20), respectively). There is much uncertainty about Ute ladies'-
tresses' historical range, and we may never know its true extent.
Regarding the species' genetic endowment, preliminary genetic
information indicates high genetic diversity in Ute ladies'-tresses
occurrences assessed in six of the eight U.S. States within the current
range (see Summary of Biological Status and Threats, below). We now
consider morphological and ecological diversity in addition to genetic
diversity in our evaluation of representation. While Ute ladies'-
tresses does not exhibit morphological diversity, it has a high level
of ecological diversity across its wide range, occupying 12 ecoregions
and 7 habitat types (Service 2024, pp. 123-127).
Given what we now know about Ute ladies'-tresses ecological
diversity, we consider all habitat types important for recovery, not
just the riparian and stream habitats mentioned in the criterion.
Therefore, we evaluated the viability of AUs in our SSA report for
those AUs in riparian and perennial stream habitats as well as in the
five other habitat types where it occurs (canals, wet meadows, springs,
lakeshores, and artificial/depressional wetlands) (for more
information, see Current Condition and Future Scenarios and Future
Condition, below).
Recovery Criterion 2: Wet meadow, seep, and spring habitats are
protected
[[Page 1060]]
and managed so as to sustain viable populations.
Progress: At the time of the draft recovery plan (1995), we thought
that it was important to distinguish Ute ladies'-tresses' wet meadow,
seep, and spring habitats that are groundwater-fed from other types of
habitats. These habitat types require land management practices such as
grazing or mowing to provide the regular disturbance needed to support
the species, whereas the riparian and stream habitats referenced in
criterion 1 are surface water-fed and receive regular or periodic
flooding disturbance. In the SSA report, we consider seeps and springs
together and refer to them as spring habitats (Service 2024, p. 125).
These habitats can be isolated from other water features or occur in
combination with riparian, stream, or lakeshore habitats. We have
better information now about Ute ladies'-tresses' current range and the
habitat types the species occupies than we did at the time of the draft
recovery plan.
Given what we know about Ute ladies'-tresses' resiliency,
redundancy, and representation, we no longer consider it necessary to
provide a separate criterion for wet meadow, seep, and spring habitats.
As we state above for criterion one, we consider all habitat types in
the SSA report and in our evaluation of Ute ladies'-tresses' viability
(for more information, see Current Condition and Future Scenarios and
Future Condition, below).
The majority (roughly 95 percent) of Ute ladies'-tresses' current
range occurs in the United States, with the remaining 5 percent of its
range occurring in British Columbia, Canada. In the United States,
approximately 37 percent of the land where the species occurs is
federally owned or managed (by the BLM, USBR, USFS, the Service, NPS,
or DOD) with management plans in place to protect the species' habitat
from habitat loss associated with urban development. For Ute ladies'-
tresses and its habitat, Federal land management adequately supports
the needs and viability of the species, and we expect that will
continue in the future (see Conservation Efforts and Regulatory
Mechanisms, below).
Approximately 60 percent of the land where Ute ladies'-tresses
occurs in the United States is under non-Federal ownership (private,
State, or Tribal lands). Some occurrences in three AUs (Jordan, Bear
River, and South Platte) have management plans in place to protect the
species and its habitat on non-Federal lands. However, little to no
protection exists for Ute ladies'-tresses on the remaining non-Federal
lands other than habitat protections afforded by the Clean Water Act
for occurrences along riparian, stream, and some lakeshore habitats, or
habitat protections afforded to federally listed fish species (see
Conservation Efforts and Regulatory Mechanisms, below).
Despite the lack of protections on many non-Federal lands for Ute
ladies'-tresses, current and projected future AU-level threats are
adequately addressed or managed on these lands for at least 10 AUs to
maintain high or moderate resilience to stochastic events now and into
the future. In addition, at least 16 AUs are projected to remain extant
and provide additional redundancy and representation in the 12
ecoregions and 7 habitat types across Ute ladies'-tresses' range (see
Future Scenarios and Future Condition, below). Thus, although not all
18 extant AUs are considered protected, we conclude that the intent of
recovery criteria 1 and 2 to ensure that sufficient AUs are protected
from threats into the future has been met for at least 10 AUs. While
the 1995 recovery criteria are not measurable, and do not reflect the
best available scientific information, as we describe below, we find
that the Ute ladies'-tresses has sufficient resiliency, redundancy, and
representation given what we now know about the species.
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species.
The Act defines an ``endangered species'' as a species that is in
danger of extinction throughout all or a significant portion of its
range, and a ``threatened species'' as a species that is likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range. The Act requires that we
determine whether any species is an endangered species or a threatened
species because of any of the following 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.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects. The determination to delist a
species must be based on an analysis of the same five factors.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the species' expected response and
the effects of the threats--in light of those actions and conditions
that will ameliorate the threats--on an individual, population, and
species level. We evaluate each threat and its expected effects on the
species, then analyze the cumulative effect of all of the threats on
the species as a whole. We also consider the cumulative effect of the
threats in light of those actions and conditions that will have
positive effects on the species--such as any existing regulatory
mechanisms or conservation efforts. The Secretary determines whether
the species meets the definition of an ``endangered species'' or a
``threatened species'' only after conducting this cumulative analysis
and describing the expected effect on the species now and in the
foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis which is
further described in the 2009 Memorandum Opinion on the foreseeable
future from the Department
[[Page 1061]]
of the Interior, Office of the Solicitor (M-37021, January 16, 2009;
``M-Opinion,'' available online at https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf). The foreseeable
future extends as far into the future as the U.S. Fish and Wildlife
Service and National Marine Fisheries Service (hereafter, the Services)
can make reasonably reliable predictions about the threats to the
species and the species' responses to those threats. We need not
identify the foreseeable future in terms of a specific period of time.
We will describe the foreseeable future on a case-by-case basis, using
the best available data and taking into account considerations such as
the species' life-history characteristics, threat-projection
timeframes, and environmental variability. In other words, the
foreseeable future is the period of time over which we can make
reasonably reliable predictions. ``Reliable'' does not mean
``certain''; it means sufficient to provide a reasonable degree of
confidence in the prediction, in light of the conservation purposes of
the Act.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including an assessment of the potential
threats to the species. The SSA report does not represent our decision
on whether the species should be proposed for delisting. However, it
does provide the scientific basis that informs our regulatory
decisions, which involve the further application of standards within
the Act and its implementing regulations and policies.
To assess the viability of Ute ladies'-tresses, we used the three
conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency is the ability of the species to withstand environmental and
demographic stochasticity (for example, wet or dry, warm or cold
years); redundancy is the ability of the species to withstand
catastrophic events (for example, droughts, large pollution events),
and representation is the ability of the species to adapt to both near-
term and long-term changes in its physical and biological environment
(for example, climate conditions, pathogen). In general, species
viability will increase with increases in resiliency, redundancy, and
representation (Smith et al. 2018, p. 306). Using these principles, we
identified the species' ecological requirements for survival and
reproduction at the individual, population, and species levels, and
described the beneficial and risk factors influencing the species'
viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated individual species' life-history
needs. The next stage involved an assessment of the historical and
current condition of the species' demographics and habitat
characteristics, including an explanation of how the species arrived at
its current condition. The final stage of the SSA involved making
predictions about the species' responses to positive and negative
environmental and anthropogenic influences. Throughout all of these
stages, we used the best available information to characterize
viability as the ability of a species to sustain populations in the
wild over time, which we then used to inform our regulatory decision.
The following is a summary of the key results and conclusions from
the SSA report; the full SSA report can be found at Docket No. FWS-R6-
ES-2024-0115 on https://www.regulations.gov.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of the
species and its resources, and the threats that influence the species'
current and future condition, in order to assess the species' overall
viability and the risks to that viability. In addition, the SSA report
(Service 2024, entire) documents our comprehensive biological status
review for the species, including an assessment of the potential
threats to the species.
The following is a summary of this status review and the best
available information gathered since that time that have informed this
decision.
Individual Needs
Individuals of Ute ladies'-tresses need adequate soil moisture
during the growing season, access to full or partial sunlight, and
suitable soil mycorrhizae to establish, grow, and flower (Service 2024,
pp. 31-34). While we do not know the species' surface or subsurface
moisture requirements, soil moisture is generally provided by surface
or subsurface water within 2 ft (0.6 m) of the ground surface (ULT Tech
2021, entire). An open canopy (little to no shade from plants above) is
needed to provide full or partial sunlight to plants (Fertig et al.
2005, p. 34).
While we do not know the specific mycorrhizal fungi needed by Ute
ladies'-tresses, their presence in the habitat is likely a limiting
factor for the establishment and reproduction of Ute ladies'-tresses
(Fertig et al. 2005, p. 67; ULT Tech 2021, entire). Bumblebees and
other appropriate pollinators are needed for seed production (Sipes and
Tepedino 1995, entire).
Individuals need certain habitat factors, including: a low- to mid-
elevation climate (elevations ranging between 0 to 7,000 ft (0 to 2,133
m); early- to mid-seral stage successional wetland habitats; and some
kind of periodic disturbance (flooding or scouring events, livestock
grazing, agricultural mowing, fire, etc.) to maintain the habitat's
seral stage (see Background, above).
Population Needs
To be resilient, populations require recruitment, survivorship, and
reproduction at rates able to sustain populations, in addition to
pollinator connectivity between individuals within populations. We
consider the significant determinants of population (AU) resiliency to
be a healthy demography and sufficient quality habitat to support this
demography (Service 2024, pp. 93-96). Resilient populations also
contain enough individuals in multiple habitat areas to bounce back
after experiencing environmental stressors such as drought, livestock
grazing, habitat disturbance, and demographic stochasticity (births,
deaths, and reproductive events that fluctuate over time). While we do
not know the number of individuals or amount of habitat needed for Ute
ladies'-tresses populations to be resilient, we assume that Ute
ladies'-tresses populations are most resilient if they contain multiple
occurrences connected by potentially suitable habitat and if they occur
within habitats that maintain adequate hydrology and the appropriate
seral successional stage (Service 2024, pp. 95-98).
Species Needs
The number of populations (AUs) across the landscape influences the
redundancy of Ute ladies'-tresses. More populations across the range
increase the species' ability to withstand catastrophic events.
Individuals and populations inhabiting diverse ecological settings and
exhibiting genetic or phenological variation add to the level of
representation across the species' range. The greater diversity
observed in Ute ladies'-tresses' habitats, genetics, and morphology,
the more likely the species is to be able to adapt to change over time.
Ute ladies'-tresses exhibits a high level of ecological diversity,
occupying 12 ecoregions and 7 habitat types (Service 2024, pp. 123-
125). Additionally, the species showed
[[Page 1062]]
high genetic variability within some occurrences and low variability
between occurrences, which suggests a high level of genetic exchange
between populations historically and possibly currently (Arft and
Ranker 1998, p. 119; Service 2024, p. 91).
In summary, the species needs (1) a sufficient number and
distribution of resilient populations to withstand catastrophic events
(redundancy) and (2) a range of variation that allows the species to
adapt to changing environmental conditions (representation) (Service
2024, pp. 88-89). The SSA report provides additional detail on the
species' individual-, population-, and species-level needs (Service
2024, pp. 29-38, 86-89).
Threats (Stressors/Risk Factors/Etc.)
In the SSA report, we evaluated stressors and other actions that
can positively or negatively affect Ute ladies'-tresses at the
individual, population, or species levels, either currently or into the
future (Service 2024, pp. 89-95, 128-137). In this proposed rule, we
will discuss only those factors in detail that could meaningfully
impact the status of the species. The main stressors are anthropogenic
activities (urban development, water management, agriculture, livestock
grazing, recreation, and invasive plants) and environmental conditions
(vegetative succession, drought, and climate change) that influence or
could influence the species' viability (Service 2024, pp. 89-95, 128-
137). We grouped the various anthropogenic activities together and the
environmental conditions together to consider their synergistic and
cumulative effect on Ute ladies'-tresses at the population and species
levels, because none of the individual stressors alone act intensely or
broadly enough to alter Ute ladies'-tresses' status across its range
(ULT Tech 2021, entire). Those stressors that are not known to have
negative or long-term effects on Ute ladies'-tresses populations, such
as loss of pollinators and flooding, are not discussed here but are
evaluated in the SSA report (Service 2024, p. 95).
Urban Development
Urban development has the potential to result in plant mortality
and loss or degradation of Ute ladies'-tresses habitat (Service 2024,
p. 90). We assessed the urban development stressor to Ute ladies'-
tresses based on our evaluation of disturbance, as well as roads and
other infrastructure, in and near known populations. Urban development
has resulted in the loss of eight occurrences in or near densely
populated areas--in Utah, six occurrences were lost in the Jordan and
Weber AUs along the Wasatch Front, and in Colorado, two occurrences
were lost in the South Platte and Upper Arkansas AUs along the Front
Range, resulting in the extirpation of the Upper Arkansas AU (Service
2024, pp. 100-109). One occurrence in Utah (in the Upper Colorado-Dirty
Devil AU) is likely extirpated due to change in the hydrology and
habitat loss because of road construction (Fertig et al. 2005, p. 54;
Service 2024, p. 67). Two occurrences in Montana (in the Upper Missouri
AU) occur in borrow pits created to support road construction projects;
however, Montana Department of Transportation has prioritized their
protection and long-term monitoring (Service 2024, p. 73).
We incorporated this stressor in our evaluation of current
resiliency by assessing the land use, habitat condition, and
hydrological condition of occurrences (Service 2024, pp. 96-135). We
incorporated this stressor in our evaluation of future resiliency by
evaluating projected changes in land use and the human population
(Service 2024, pp. 129-196).
Water Management
Water management has the potential to result in hydrologic changes
that impact the amount of suitable habitat, soil moisture, and the
successional stage of Ute ladies'-tresses habitat (Service 2024, p.
91). Water flow is managed for irrigation and flood control along many
of the river corridors occupied by Ute ladies'-tresses, which may lead
to additional suitable habitat in some areas and the loss of suitable
habitat in other areas (Grams et al. 2002, entire; Fertig et al. 2005,
p. 82, Service 2024, pp. 129-136). Water management has the potential
to benefit Ute ladies'-tresses by maintaining flows in low water years,
but negative impacts may occur if water releases are unpredictable and
not consistent with the natural hydrologic regime. We discuss the
effects of flood control, in particular the reduction of large flood
events, on the successional stage of Ute ladies'-tresses habitat below
(see ``Vegetative Succession,'' below).
Despite management of hydrology for purposes other than Ute
ladies'-tresses conservation, the species has proliferated in areas
with greatly altered wetland, riparian, and lakeshore habitats that
occasionally experience 10,000-year flood events (e.g., Diamond Fork
occurrence (Jordan AU), Lower Green River AU) (Central Utah Water
Conservation District (CUWCD) 1996, pp. 4-3-4-9, 4-11-4-12; Central
Utah Project Completion Act Office (CUPCA) 1999, entire; Ward and
Naumann 1998, entire; Grams et al. 2002, entire; Black and Gruwell
2004, entire; USBR 2005a, entire). Water management for hydropower or
irrigation has augmented natural flows in some streams, especially in
late summer when natural stream flows were historically low (e.g.,
Diamond Fork occurrence (Jordan AU), Lower Green River AU). This
augmentation has expanded the amount of streamside habitat with
suitable hydrology to support large numbers of Ute ladies'-tresses
(Ward and Naumann 1998, pp. 25-26; Black and Gruwell 2004, pp. 8-9).
Ute ladies'-tresses plants are frequently encountered along streams
and canals and in wet hay pastures in the Uinta Basin, Utah (Lower
Green River AU), even though an extensive irrigation canal system was
constructed in the early 1900s and natural streams are nearly dry all
summer (Fertig et al. 2005, pp. 19, 44, 48; Goodrich 2005, entire;
Jordan 2006, entire). The species has colonized wetlands left behind
when peat was mined, and it occurs in drainage ditches alongside roads
and railroad tracks (Fertig et al. 2005, pp. 16, 19, 32-33, 36-37, 45,
50, 52).
In growing urban areas, primarily in the urban areas of Utah and
Colorado (see Urban Development, above) and possibly Nevada, an
increased demand for municipal water and conversion of irrigation water
to municipal water may lead to dewatering of Ute ladies'-tresses
habitat (Riedel 2004, p. 2). One occurrence in Utah (Jordan AU) may be
extirpated due to dewatering in the last decade, although it is
possible dormant plants remain and could emerge if the hydrological
regime again becomes suitable for Ute ladies'-tresses (Fertig et al.
2005, p. 82; Trater 2020, pers. comm.; Service 2024, p. 47). Dewatering
may exacerbate the effects of drought and climate change.
We incorporated this stressor in our evaluation of current
resiliency by assessing the hydrologic condition of occurrences
(Service 2024, pp. 97-98). We incorporated this stressor in our
evaluation of future resiliency by evaluating projected changes in
drought severity and frequency at the occurrence and AU levels (Service
2024, pp. 129-134).
Agriculture
Agricultural practices have the potential to result in the loss of
plants and habitat under cultivation (croplands) and with herbicide
use, or they can support or maintain suitable habitat conditions for
Ute ladies'-tresses under managed pastures (irrigated
[[Page 1063]]
pastures with some mowing or haying) or irrigation canals (Fertig et
al. 2005, pp. 83, 85; Service 2024, p. 92). Some occurrences in five
AUs (Great Salt Lake, Jordan, Lower Bear, Lower Green River, South
Platte) are in irrigated pastures that function as wet meadow habitat
and support the species (Service 2024, pp. 43-51; Fertig et al. 2005,
pp. 13, 17, 19). Conversely, negative impacts to Ute ladies'-tresses
have also been documented along irrigation canals that have been
converted to water pipelines in one AU (Lower Green River), but these
impacts are localized and have not resulted in the total loss of an
occurrence (ULT Tech 2021, entire; Service 2024, p. 51). Non-Federal
landowners actively manage irrigation water at two occurrences in Utah
and Colorado (Lower Bear and South Platte AUs) to support the Ute
ladies'-tresses on lands used for the species' preservation and for
recreation, respectively (Riedel 2004, p. 2; Bear River Land
Conservancy 2014, pp. 5-14; Service 2024, p. 49).
We incorporated this stressor in our evaluation of current
resiliency by assessing the agricultural land use, habitat condition,
and hydrological condition of occurrences (Service 2024, pp. 96-121).
For future resiliency, we considered the effects of this stressor as
part of our evaluation of projected changes in land use and
anthropogenic effects (Service 2024, pp. 134-135).
Livestock Grazing
Livestock grazing, haying, and mowing have the potential to result
in the loss of plants or flowers but can also result in beneficial
effects by removing competing vegetation and maintaining an open canopy
(Fertig et al. 2005, pp. 70, 79, 81; Sipes et al. 1995, pp. 24-25;
Service 2024, p. 91). Ute ladies'-tresses appears to need these types
of disturbances in meadow or spring habitats that experience less
frequent disturbance events than rivers and streams (Arft 1995, pp.
122-153, 157-159; Allison 2001, pp. 1-10; Fertig et al. 2005, pp. 81-
82). The results of Ute ladies'-tresses population projections in wet
meadow habitat conditions under various management practices identified
the importance of livestock grazing or grazing and mowing to support
population persistence (Arft 1995, pp. 122-153, 157-159; Hazlett 1996,
p. 7). Long-term studies of wet meadow habitat in Colorado found that
Ute ladies'-tresses' recruitment and flowering density were
significantly higher in grazed and mowed habitat compared to
undisturbed habitat (Arft 1995, pp. 122-153, 157-159; Allison 2001, pp.
1-10). Winter grazing or mowing also appears to be beneficial in
reducing the negative impact of field vole (Microtus pennsylvanicus and
M. ochrogaster) herbivory on Ute ladies'-tresses fruit and seed
production by removing vegetation and litter that support vole
populations (Arft 1995, pp. 153, 157-159; Fertig et al. 2005, p. 70).
Where wet meadow habitat is protected and managed for Ute ladies'-
tresses in Colorado and Utah (South Platte and Lower Bear AUs),
managers recommend timed haying, livestock grazing, and irrigation
practices to maintain optimal habitat conditions and minimize impacts
to flowering plants (Allison, 2001, pp. 1-3; Bear River Land
Conservancy 2014, pp. 7-8, 14, 16; Service 2024, pp. 49, 84). Excessive
or improperly timed livestock grazing, haying, and mowing may
negatively impact the species (Fertig et al. 2005, p. 81; Service 2024,
p. 35).
We incorporated this stressor in our evaluation of current
resiliency by assessing the land use and habitat condition of
occurrences (Service 2024, pp. 96-121). For future resiliency, we
considered the effects of this stressor as part of our evaluation of
projected changes in land use (Service 2024, pp. 134-135).
Recreation
Recreation has the potential to result in plant damage and
mortality through trampling as well as provide a land use that
conserves Ute ladies'-tresses habitat (Service 2024, p. 91). Many
occurrences in Colorado, Nevada, Utah, Idaho, and Washington (Lower
Colorado-Lake Mead, Jordan, Upper Green, South Platte, Snake
Headwaters, and Upper Columbia AUs) are located on lands where
recreation occurs; however, recreation was only identified as a current
or potential stressor at a few occurrences in Colorado, Idaho, and Utah
where trampling from fishing, boating, and off-road vehicle access has
been reported (Fertig et al. 2005, pp. 35-53; Service 2024, p. 63).
We incorporated this stressor in our evaluation of current
resiliency by assessing the land use and habitat condition of
occurrences (Service 2024, pp. 96-121). For future resiliency, we
considered the effects of this stressor as part of our evaluation of
projected changes in land use (Service 2024, pp. 134-135).
Invasive Plants
Invasive plants have the potential to directly compete with Ute
ladies'-tresses plants for water, nutrients, and sunlight (Service
2024, p. 94). Some invasive plants are adapted to the same early- to
mid-seral successional habitats as Ute ladies'-tresses and are highly
effective competitors. Fourteen invasive plants commonly occur with Ute
ladies'-tresses, including upland plants such as thistles (Cirsium
spp.) and leafy spurge (Euphorbia esula), wetland plants such as purple
loosestrife (Lythrum salicaria) and reed canary grass (Phalaris
arundinacea), and woody invasives such as tamarisk (Tamarix spp.) and
Russian olive (Elaeagnus angustifolia) (Murphy 2001, pp. 19-20; Naumann
2003, entire; Murphy 2004, p. 10; Fertig et al. 2005, p. 83; Jones
2006, entire).
While invasive plants are present in Ute ladies'-tresses habitat,
and some occurrences may have been partially overtaken by invasive
plants, the best available information indicates this stressor has not
resulted in Ute ladies'-tresses' plant mortality or the extirpation of
occurrences (Fertig et al. 2005, pp. 45-47, 50; Service 2024, p. 94).
We considered this stressor in our evaluation of current resiliency
as part of our occurrence habitat condition assessment (Service 2024,
pp. 96-121). For future resiliency, we considered the effects of this
stressor as part of our evaluation of projected changes in land use and
effects of climate change (Service 2024, pp. 134-135).
Collection
We identified overcollection as a threat to Ute ladies'-tresses in
the final listing rule (57 FR 2048 at 2051 and 2052, January 17, 1992).
Despite the one documented instance of ``essence of Spiranthes''
derived from Ute ladies'-tresses flowers in the late 1990s, the threat
of collection is low, given that the species is less showy than
tropical orchids and other Spiranthes species are available for
purchase (Kratz 1998, entire; Fertig et al. 2005, p. 86; Alaskan
Essences 2024, entire; Carnivorous Plant Nursery 2024, entire;
Microsoft Bing 2024, entire; Plant Delights Nursery 2024, entire).
There is no evidence that collection is currently impacting Ute
ladies'-tresses or is likely to do so in the future.
Vegetative Succession
Vegetative succession has the potential to change the habitat
condition and suitability for Ute ladies'-tresses due to lack of
sunlight and competition for resources (Fertig et al. 2005, p. 84;
Service 2024, p. 94). Flooding is the primary disturbance along river
and stream corridors that influences vegetative succession. Water level
fluctuations in combination with land use activities such as mowing and
grazing, and occasionally fire, appear to be the primary disturbances
in
[[Page 1064]]
lakeshore, wet meadow, and spring habitats (Fertig et al. 2005, p. 32).
The extent of woody encroachment and late-seral successional
habitats within Ute ladies'-tresses occurrences is variable and site-
specific depending on the degree to which the hydrologic and
disturbance regimes have been altered. The best available information
indicates that vegetative succession is currently only affecting
individual plants and portions of an occurrence (Fertig et al. 2005, p.
66; Black 2006, entire). The primary driver of vegetative succession is
the hydrologic regime or land use associated with the habitat.
Therefore, this stressor is not having a population-level effect to Ute
ladies'-tresses on its own unless vegetative succession is associated
with a major change to the hydrology or land use of the occurrence. We
incorporated this stressor in our evaluation of current resiliency by
assessing the habitat condition of occurrences (Service 2024, pp. 113-
116). For future resiliency, we evaluated projected changes to the
vegetative resiliency metric based on projected land use changes
(Service 2024, pp. 139-195).
Disease or Predation
Predation (herbivory) on Ute ladies'-tresses was mentioned in the
final listing rule because excessive livestock grazing was thought to
be detrimental, and plants are highly palatable and preferentially
grazed by small herbivores (57 FR 2048 at 2051, January 17, 1992).
Although livestock grazing was categorized as a stressor under Factor C
at the time of listing, we consider the effects of livestock grazing to
be better characterized by Factor A (see ``Livestock Grazing,'' above).
Herbivory of flowers and inflorescences (entire flowering stems) by
field voles has been documented at a few occurrences in Colorado and
Utah (Arft 1995, pp. iv, 79-87, 103-104, 113-117; Sipes et al. 1995,
pp. 9-10; Heidel 2001, p. 8; Black and Gruwell 2004, p. 10; Fertig et
al. 2005, pp. 89-90; Black 2006, entire). Additional monitoring
indicates that winter livestock grazing or mowing maintains early seral
habitat conditions favored by Ute ladies'-tresses and reduces vole
herbivory by removing thatch buildup, which serves as a protective
cover favored by voles, in the habitat (Arft 1995, pp. 79-87, 103-104,
113-117; Sipes et al. 1995, pp. 9-11; Peles and Barrett 1996, entire;
Skopec et al. 2017, pp. 5-6). The best available information indicates
that vole herbivory occasionally impacts individual plants and may
locally affect some populations; however, it is seasonal in nature and
unpredictable (Skopec et al. 2017, pp. 5-6; Andreassen et al. 2021, pp.
601-605). Most occurrences along rivers and streams occur in early- to
mid-seral habitat conditions with little to no thatch buildup, and most
meadow or seep habitats are grazed or mowed to remove thatch buildup.
We did not find that vole herbivory occurs at spatial and temporal
scales large enough to affect the overall status of Ute ladies'-tresses
given the plant's current status. We are not aware of any issues or
potential stressors related to disease or insect predation. Therefore,
we did not include this stressor in our evaluation of current and
future resiliency.
Drought
Drought has the potential to result in the loss of Ute ladies'-
tresses plants; changes in vegetation, hydrology, and soil saturation;
and temporary or permanent loss of habitat depending on the severity
and duration of drought conditions (Service 2024, p. 92). Water
management has ameliorated summer drought conditions in some river
corridors (see ``Water Management,'' above), but increases in municipal
water use (dewatering or loss of irrigation water) could exacerbate the
effects of drought in Ute ladies'-tresses habitat (Fertig et al. 2005,
p. 85).
The best available information indicates that this stressor is not
having a population-level effect to Ute ladies'-tresses. Ute ladies'-
tresses tolerates a range of soil moisture as well as drought
conditions, and, while drought conditions may temporarily reduce the
number of flowering plants, Ute ladies'-tresses is able to remain
dormant during periods of drought. The species' reliance on mycorrhizae
may also mitigate the effects of drought stress (Ahluwalia et al. 2021,
p. 7). The hydrology of its wetland habitat likely buffers the effects
of minor reductions in precipitation or available water. We do not have
a clear understanding of how Ute ladies'-tresses responds to severe or
extreme droughts (defined as -3.0 or less on the Palmer Drought Index)
(Dai et al. 2023, p. 1). However, we assume that an increase in the
frequency of severe and extreme droughts will have a negative impact on
the species. Therefore, we incorporated this stressor in our evaluation
of current resiliency by assessing the hydrologic condition of
occurrences (Service 2024, pp. 129-134). We incorporated this stressor
in our evaluation of future resiliency based on the frequency of severe
and extreme droughts at the occurrence level as part of the climate
change stressor, which is discussed below (Service 2024, pp. 113-116).
Climate Change
Climate change has the potential to impact Ute ladies'-tresses if
the frequency of severe and extreme droughts increases in the future
(see ``Drought,'' above), and it may place an added stress on the
species and its habitat, particularly when other stressors are present.
We used the Standardized Precipitation Evaporation Index (SPEI) that
allowed us to project drought severity and frequency at the occurrence
level, and we used a precipitation-evaporation model ensemble (of 20
models) to evaluate how annual moisture availability is projected to
change at the AU level (Service 2024, pp. 132-134). These models
allowed us to evaluate future hydrologic conditions at the occurrence
level, and the projected changes in water availability at the AU level.
The SSA report describes other models and their limitations in detail
(Service 2024, pp. 131-133). We used two different emission scenarios,
a stabilization emission scenario using representative concentration
pathway (RCP) 4.5 and a rising greenhouse gas emissions scenario using
RCP 8.5 developed by the Intergovernmental Panel on Climate Change
(IPCC).
The SPEI index accounts for precipitation and temperature changes
that are useful indicators for detecting and measuring drought severity
and duration within a variety of habitats and over a range of climate
projections (Vicente-Serrano et al. 2010, entire). For occurrences, we
used the SPEI index data for the spring and summer months (March
through August) that are important for plant growth and reproduction to
calculate and compare the historical (1980-2019) and future (2023-2074)
decadal frequency of severe and extreme droughts (North Central Climate
Adaptation Science Center (NC CASC) 2022, data set; Service 2024, pp.
132-134). The results of our evaluation indicate that the frequency of
severe or extreme droughts during the spring and summer months varies
across the species' range. At most occurrences, drought frequency is
projected to increase by at least one but fewer than three additional
severe or extreme droughts per decade; at some occurrences, drought
frequency is projected to remain similar to or slightly increased from
the historical frequency; and several occurrences project a slight
decrease in drought frequency under one or both climate scenarios.
Northern Utah, Idaho, and Washington are projected to generally remain
stable or even see slight decreases in severe and extreme drought
frequencies under both
[[Page 1065]]
scenarios. Occurrences along the southern part of the range, as well as
those in Montana, are projected to see the greatest increase in drought
severity and frequency. Lower elevation occurrences in desert
ecosystems see the most extreme increases overall, and are more
vulnerable to extirpation (Service 2024, pp. 198-199).
The precipitation-evaporation model ensemble accounts for larger
scale changes to regional water availability (e.g., dry getting drier,
wet getting wetter) that we applied to the AU level as a proxy for
future changes to the amount of potentially suitable habitat for Ute
ladies'-tresses (Service 2024, pp. 134-136). While we do not know
exactly how the amount of potentially suitable habitat will change in
response to regional or watershed changes in water availability, we
assumed that the amount of potentially suitable habitat within an AU
would not change if future water availability in an AU remained within
one standard deviation of historical levels. We compared the historical
(1980-2020) and future (2020-2074) water availability in AUs. We found
there was no meaningful change in water availability from historical
levels under the two emission scenarios to indicate a decline in the
amount of potentially suitable habitat (Willey 2024, entire; Service
2024, pp. 134-136).
Both intermediate and high emission scenarios (RCP 4.5 and 8.5)
indicate that the range of Ute ladies'-tresses will be warmer and drier
throughout the southern part of the range and warmer but with similar
or slightly increased precipitation in northern Utah, Idaho, and
Washington State in the future (through 2074) compared to historical
conditions (Alder 2022, entire; Service 2024, pp. 13, 198). The
frequency of severe or extreme droughts is expected to increase
throughout most, although not all, of Ute ladies'-tresses' range. There
is substantial uncertainty in how Ute ladies'-tresses will respond to
more frequent severe or extreme droughts in many AUs within its range.
When we considered characteristics that contribute to its ability to
adapt to changing climate conditions, Ute ladies'-tresses has many
attributes indicating moderate to high levels of adaptive capacity;
these attributes include the species' large range occupying 12
ecoregions, its variable dispersal ability and moderately high
dispersal distance along waterways, its general habitat requirements,
and its flexible ability to reduce its exposure to climate stressors by
remaining dormant during unfavorable conditions (Thurman et al. 2020,
entire; Service 2024, pp. 123-129). We incorporated this stressor in
our evaluation of future resiliency as part of the combined results of
climate change and the human population change stressor in the SSA
report and below (see Future Scenarios and Future Condition, below;
Service 2024, pp. 129-199).
Human Population Change
Human population change within the range of Ute ladies'-tresses may
increase the negative effects of anthropogenic stressors and
environmental stressors to the species. The future rate and location of
these changes is unclear, but human population growth is projected to
increase at a regional scale within the species' range in the western
United States (Weldon Cooper Center for Public Service 2024, entire).
We incorporated this stressor in our evaluation of future
resiliency by evaluating the projected loss of Ute ladies'-tresses
habitat in occurrences (Service 2024, pp. 129-136). We report the
combined results of climate change and the human population change
stressor in the SSA report and below (see Future Scenarios and Future
Condition, below; Service 2024, pp. 129-199).
Current Condition
To assess the current condition of Ute ladies'-tresses across its
extensive range, we broke the range into 18 smaller analytical units
(AUs) based on USGS 6-digit hydrological unit code (HUC-6) watershed
basins in consultation with species experts (see table 1 below; Jones
et al. 2022, pp. 2, 5; Service 2024, pp. 26-28). This watershed scale
provides a biologically meaningful delineation of areas where regular
gene flow likely occurs between occurrences (Service 2024, pp. 23-26).
As discussed above, we consider Ute ladies'-tresses AUs to be
surrogates for populations (see Background, above). A map of these AUs
is available in the SSA report (Service 2024, p. 4, figure 1).
In our SSA report, we evaluate current condition by examining
current levels of resiliency in the 18 extant Ute ladies'-tresses AUs
and implications for redundancy and representation. Here, we summarize
our evaluation of the current condition for the resiliency, redundancy,
and representation of Ute ladies'-tresses. Additional detail regarding
our analysis is provided in the SSA report (Service 2024, pp. 100-127).
Resiliency
We describe the resiliency for each of the 18 AUs in terms of the
demographic and habitat factors needed by Ute ladies'-tresses (Service
2024, pp. 93-96). We developed a categorical model to calibrate
resiliency based on the range of demographic and habitat conditions in
each AU. We first identified resource or demographic factors that
contribute to the species' resiliency; these factors align with the
individual resource needs and population-level needs we identified in
the SSA analysis. We then defined threshold values for each identified
resource or demographic factor that represent high, moderate, or low
levels of that factor. Finally, we evaluated whether the current levels
of each resource or demographic factor in a population fall within the
predetermined thresholds for a high, moderate, or low score for the
category; we then averaged these scores for each category to develop an
overall current resiliency score for each population.
For Ute ladies'-tresses, our categorical model assessed the
resiliency of each AU by evaluating (1) hydrologic condition, a
qualitative evaluation of the hydrologic regime; (2) vegetative habitat
condition, a qualitative evaluation of floral resources for Ute
ladies'-tresses pollinators and successional stage; (3) abundance, the
number of occupied occurrences within the AU; (4) potential habitat
availability, the percentage of modeled suitable habitat within the AU;
and (5) connectivity, the number of occurrences connected by modeled
suitable habitat. We selected these habitat and demographic factors
based on their importance to the species' resiliency and because we
could evaluate them relatively consistently across all 18 AUs.
Resiliency categories, thresholds, and scores were established
based on the best available information and professional opinion of
species experts. Hydrologic condition was based on expert opinion,
available survey reports, and inspection of aerial imagery to assess
surface or subsurface water in the habitat and the frequency of extreme
flooding or year-round inundation. Vegetative habitat condition was
based on expert opinion and available survey reports to assess whether
the condition was good, moderate, or poor for Ute ladies'-tresses.
Abundance was based on State heritage program database information and
available survey reports to identify the number of extant occurrences
within AUs. Percentage of potential habitat availability and
connectivity (the number of occurrences connected by potentially
suitable habitat) within each AU were based on Service modeled suitable
habitat (Service 2024, pp. 96-99, appendix I). We applied equal weight
to four factors (hydrologic condition, vegetative habitat condition,
abundance, and connectivity)
[[Page 1066]]
and applied one-half the weight (0.5) to the potential habitat
availability factor because we have less confidence in the results
compared to the other factors, as the potential habitat availability
model only represents the potential for the species to recolonize into
new areas following a possible extirpation and may overpredict
potential habitat in AUs.
There are 18 Ute ladies'-tresses AUs comprised of 62 occurrences,
and according to our current condition analysis in the SSA report, 5
have high resiliency, 8 have moderate resiliency, and 5 have low
resiliency (see table 1, below; Service 2024, pp. 122-123). The 13 AUs
with high and moderate resiliency maintain moderate or high hydrologic
condition; moderate or high population abundance (the exception is
Lower Bear AU with low abundance); and a range of scores for vegetative
habitat condition, connectivity, and potential habitat availability.
The 13 AUs with high or moderate resiliency are distributed across the
species' range, are present in all 8 U.S. States and Canada, and are
present in 10 of the 12 ecoregions (see table 1, below). Five AUs have
low resiliency due to low abundance and two or more additional factors
with low scores. Notably, all 18 AUs have moderate or high resiliency
scores for hydrological condition. The 13 AUs with high or moderate
resiliency are at less risk from potential stochastic events, such as
climatic variation, than the AUs with low resiliency.
Table 1--Current Condition Resiliency Rankings for Ute Ladies'-Tresses AUs
----------------------------------------------------------------------------------------------------------------
Number of
AU name (States * or Canada) extant AU resiliency Level-III ecoregions
occurrences
----------------------------------------------------------------------------------------------------------------
Cheyenne (WY, SD, NE)............... 1 Low.................................. Northwestern Great
Plains.
Colorado Headwaters (CO)............ 2 Moderate............................. Southern Rockies.
Great Salt Lake (UT, NV)............ 1 Low.................................. Central Basin and
Range.
Jordan (UT)......................... 5 High................................. Central Basin and
Range, Wasatch and
Uinta Mountains.
Lower Bear (UT, ID)................. 1 Moderate............................. Central Basin and
Range, Wasatch and
Uinta Mountains.
Lower Colorado-Lake Mead (NV, UT, 1 Low.................................. Wasatch and Uinta
AZ). Mountains, Colorado
Plateaus.
Lower Green River (UT, CO).......... 13 High................................. Central Basin and
Range.
Missouri Headwaters (MT, WY)........ 9 High................................. Middle Rockies.
Niobrara (WY, SD, NE)............... 2 Moderate............................. High Plains.
North Platte (WY, NE, CO)........... 3 High................................. High Plains.
Snake Headwaters (ID, WY)........... 2 Moderate............................. Snake River Plain,
Middle Rockies.
South Platte (WY, CO, NE)........... 6 Moderate............................. Southern Rockies, High
Plains.
Upper Colorado-Dirty Devil (UT, AZ). 1 Low.................................. Colorado Plateau.
Upper Columbia (WA, Canada)......... 6 Moderate............................. Columbia Plateau,
North Cascades.
Upper Green (UT, CO)................ 2 High................................. Wasatch and Uinta
Mountains, Colorado
Plateau, Wyoming
Basin.
Upper Missouri (MT)................. 2 Moderate............................. Middle Rockies.
Upper Snake (ID, WY, UT, NV)........ 4 Moderate............................. Snake River Plain,
Middle Rockies.
Weber (UT, WY)...................... 1 Low.................................. Central Basin and
Range.
----------------------------------------------------------------------------------------------------------------
* State abbreviations are Arizona (AZ), Colorado (CO), Idaho (ID), Montana (MT), Nebraska (NE), Nevada (NV),
South Dakota (SD), Utah (UT), Washington (WA), and Wyoming (WY).
Redundancy
Redundancy describes the number and distribution of AUs, and the
greater the number and the wider the distribution of the AUs, the
better Ute ladies'-tresses can withstand catastrophic events. The
plausibility of catastrophic events also influences species'
redundancy; if catastrophic events are unlikely within the range of the
species, catastrophic risk is inherently lower. We identified severe to
extreme drought conditions as a plausible catastrophic event that may
affect one or more population simultaneously. We evaluated the risk of
this catastrophic event and its impact on species redundancy in our
future scenarios (see Future Scenarios and Future Condition, below).
Ute ladies'-tresses' redundancy is characterized by 18 AUs (watersheds)
distributed across its large range; AUs are separated by the Northern
and Middle Rocky Mountains, and distances of approximately 350 miles
for the more isolated Upper Columbia AU. As we mentioned above, the 13
AUs with high or moderate resiliency are distributed across the
species' range, are present in all 8 U.S. States and Canada, and are
present in 10 of the 12 ecoregions. Thus, the 13 higher resiliency
populations and their distribution help spread the risk of catastrophic
drought conditions over a larger geographic area and contribute to the
species' ability to withstand catastrophic events. We are aware of one
AU (Upper Arkansas) that is extirpated in Colorado due to urban
development (Service 2024, pp. 65-66, 100-109).
Representation
Ute ladies'-tresses exhibits considerable ecological diversity; the
species is found in 3 different ecological classifications (Great
Plains, North American Deserts, and Western Forested Mountains), 12
level-III ecoregions, and 7 habitat types (see Background, above). High
genetic diversity was documented in populations located in six of the
eight States within the species' range, and there is very little
morphological variability across the range. The species has greater
levels of representation than we previously understood at the time Ute
ladies'-tresses was listed in 1992, because of our better understanding
of the species, including more known occurrences and AUs, and a broader
known distribution.
Future Scenarios and Future Condition
In our SSA report, we forecasted the resiliency of Ute ladies'-
tresses AUs and the redundancy and representation of the species for
approximately 50 years (to 2074) using a range of three plausible
future scenarios. We relied on combined IPCC climate and land use
projections out to 2074 (the timeframe for which they were available).
These projections informed our evaluation of habitat loss from
anthropogenic activities. This
[[Page 1067]]
timeframe encompasses approximately 2 to 3 generations of the species,
the duration (30 years) of the applicable Federal land management plans
by USFS and BLM, and the duration (50 years or more) of dam operation
contracts or licenses. We can reasonably determine projected changes in
the climate change and anthropogenic activities/stressors using
geospatial data sets and the species' likely responses to those
stressors within this 50-year timeframe (i.e., the foreseeable future).
We developed three plausible future scenarios using three climate
models that were downscaled to the Ute ladies'-tresses' AUs. By
developing a range of plausible future scenarios, we assume that actual
future conditions will likely fall somewhere between these three
scenarios. We consider the driving factors of the species' viability to
be two separate, but interconnected influences--the effects of
anthropogenic activity related to loss of habitat from stressors that
include urban development, water management, agriculture, recreation,
and land conversion, and the effects of climate change influencing the
amount of water available in a watershed. The primary negative
influence of anthropogenic activity to AU resiliency is the loss of Ute
ladies'-tresses plants and habitat, regardless of the particular
anthropogenic stressor(s). We then used existing models and data to
project the effects of climate change and anthropogenic activities on
the demographic and habitat factors that influence resiliency,
redundancy, and representation. We calculated the future resiliency
score using the same methods as the current condition score. If
anthropogenic activity was projected to cause extirpation of an
occurrence (50 percent or more potential suitable habitat loss was
projected), it was removed from the AU prior to the evaluation of
climate change effects. If the AU future resiliency ranking fell below
0.9 (lowest possible original score), we assumed the AU would become
extirpated (a condition lower than the low condition category and
unlikely to be resilient to stochastic events) in the foreseeable
future under that scenario.
For anthropogenic activity, we evaluated the projected loss of Ute
ladies'-tresses habitat in occurrences based on changes in land use and
land cover (Service 2024, pp. 134-136). We used USGS land cover
projections out to 2074 that correspond to the three climate change and
human population change scenarios (B1, B2, and A2) developed by the
IPCC (Sohl et al. 2018, data set; USGS 2019, dataset). Detailed
descriptions of each scenario are available in the SSA report (Service
2024, pp. 129-199). Scenario 1 (B1) represents a stabilization of
emissions (RCP 4.5) and a slowed rate of human population growth. The
B1 or stabilization climate scenario describes a global population that
peaks in mid-century and declines thereafter under intermediate
emissions. Scenario 2 (B2) represents the continuation of the current
rate of human population growth into the future with technology
mitigating some growth under high emissions (RCP 8.5), and Scenario 3
(A2) represents a largely unchecked population growth under high
emissions (RCP 8.5) (IPCC 2000, pp. 9-11).
The USGS land cover projections identify changes on non-Federal
lands because they have a higher risk of development and other
anthropogenic stressors compared to Federal lands. This is consistent
with our understanding of the development risk for the species' wetland
habitats. We consider there to be a low risk of future development in
Ute ladies'-tresses habitat on Federal lands, and we assumed no habitat
loss from development on Federal lands in our future projections.
We consider the USGS emergent wetlands, woody wetlands, and hay or
pasture land cover categories to represent suitable habitat for Ute
ladies'-tresses, and we calculated the amount of habitat loss based on
projected changes to those land cover categories. We assumed the loss
of habitat if suitable habitat for Ute ladies'-tresses within an
occurrence was converted to moderately or highly developed land or to
cultivated cropland categories. If there was 50 percent or more
suitable habitat loss within an occurrence, then we considered the
occurrence to be extirpated.
Depending on the scenario, some occurrences in rapidly urbanizing
areas are projected to be extirpated; however, there is very little
habitat loss projected for most of the occurrences (Service 2024, pp.
139-199). In the B1 scenario, human population change and associated
anthropogenic stressors were projected to result in the loss of three
occurrences in Utah and Colorado (within the Jordan, Lower Green River,
and South Platte AUs). In the B2 scenario, we project a loss of 10
occurrences in Utah, Colorado, Montana, and Idaho (within the Jordan,
Lower Green River, Missouri Headwaters, South Platte, Upper Colorado-
Dirty Devil, Upper Snake AUs). In the A2 scenario, we project a loss of
11 occurrences in Utah, Colorado, Nevada, Montana, and Idaho (within
the Jordan, Lower Colorado-Lake Mead, Lower Green River, Missouri
Headwaters, South Platte, Upper Colorado-Dirty Devil, Upper Missouri,
Upper Snake AUs). For some occurrences, if they were projected to be
extirpated because of a loss of hydrologic condition, we did not assess
their projected extirpation risk from human activities.
As discussed above, we evaluated climate change effects to
occurrence hydrologic condition using SPEI index projections of severe
and extreme drought frequency out to 2074 (see ``Climate Change,''
above). We used SPEI index projections under intermediate emissions
(RCP 4.5) for Scenario 1, and SPEI index projections under high
emissions (RPC 8.5) for Scenarios 2 and 3. For each occurrence, we
compared the historical and projected future decadal frequency (to
2074) of severe and extreme droughts within the species' range. We made
no change to an occurrence's projected hydrologic or vegetative
condition category if the drought frequency was projected to remain
similar to the historical drought frequency (less than one additional
severe or extreme drought per decade above the historical frequency).
For all three scenarios, we reduced an occurrence's future hydrologic
condition by one category (from high to moderate; moderate to low) if
the drought frequency was projected to increase by 1 to 1.9 severe to
extreme drought(s) per decade above the historical frequency, and by
two categories if the frequency was projected to increase by 2 to 3
severe to extreme droughts per decade above the historical frequency.
For climate change effects to occurrence vegetative habitat
condition, we assumed that there was no change in the condition
category under intermediate emissions (RCP 4.5) for Scenario 1.
However, we assumed that vegetative habitat condition would change the
same amount as hydrologic condition for a given occurrence under the
two high emissions scenarios, Scenarios 2 and 3 (Service 2024, p. 133).
In Scenario 1 (B1), anthropogenic activities are projected to
increase in two States within the range; associated habitat loss would
result in the extirpation of three occurrences in Utah and Colorado
(within the Jordan, Lower Green River, and South Platte AUs). However,
the extirpations of these occurrences do not affect the overall AU
resiliency scores.
The frequency of severe and extreme droughts varies across the
species' range. Small increases in decadal
[[Page 1068]]
drought frequency are projected for most occurrences in northern Utah,
Idaho, and Washington, although a few occurrences in those States show
a small decrease in drought frequency relative to current trends. The
remaining States and Canada show a larger per decade increase in
drought frequency (by approximately 1 to 2 more additional severe to
extreme droughts per decade) at most occurrences. No occurrences were
projected to have an increase of three or more severe to extreme
droughts in any scenario. Occurrences in Montana and those at the
southern edges of the range in Nevada and southern Utah are projected
to see the largest increases in drought frequency. Projected climate
change effects and associated declines in occurrence hydrologic
condition result in the extirpation of five occurrences in Montana,
Colorado, and Utah (within the Missouri Headwaters, South Platte, Upper
Colorado-Dirty Devil AUs). The one extirpated occurrence in the Upper
Colorado-Dirty Devil AU results in the extirpation of that AU, since
that is the only occurrence in that AU.
We project the resiliency of 15 AUs will remain the same as current
conditions, 2 AUs (Missouri Headwaters, North Platte) will drop from
high to moderate overall resiliency, and 1 AU (Upper Colorado-Dirty
Devil) will drop from low resiliency to extirpated (see table 2,
below). Declines in AU resiliency were driven by climate change
effects. Redundancy declines because 17 AUs remain and 1 is extirpated,
and representation remains the same as current conditions in terms of
represented ecoregions and habitat types.
Ute ladies'-tresses is projected to maintain 13 AUs with high or
moderate resiliency in Scenario 1 (B1), and these AUs are at less risk
from potential stochastic events, such as climatic variation, than the
4 AUs with low resiliency.
In Scenario 2 (B2), anthropogenic activities increase in four
States within the range; projections of this stressor and associated
habitat loss result in the extirpation of nine occurrences in Utah,
Colorado, Montana, and Idaho (within the Jordan, Lower Green River,
Missouri Headwaters, South Platte, and Upper Snake AUs).
The frequency of severe and extreme droughts is projected to
increase in most AUs by one to less than three additional severe to
extreme droughts per decade over current trends. Similar to Scenario 1,
Utah, Idaho, and Washington experience the smallest increases in
drought frequency, and in some cases smaller than the frequencies
projected in Scenario 1, which is considered the less extreme climate
scenario. However, occurrences in Montana and at the southern edges of
the range in Nevada and southern Utah are projected to have the largest
increases in drought frequency. Projected climate change effects and
associated declines in occurrence hydrologic condition result in the
extirpation of the Upper Colorado-Dirty Devil AU and two additional
occurrences in Montana in the Missouri Headwaters AU.
We project the overall resiliency of 13 AUs will remain the same as
the current condition, 2 AUs (Jordan, North Platte) will drop from high
to moderate condition, 1 AU (Missouri Headwaters) will drop from high
to low condition, 1 AU (South Platte) will drop from moderate to low
condition, and 1 AU (Upper Colorado-Dirty Devil) will drop from low to
extirpated condition (see table 2, below). Declines in AU resiliency
were driven by anthropogenic activities in the Jordan AU, the
combination of anthropogenic activities and climate change effects in
the Missouri Headwaters and South Platte AUs, and climate change
effects in the North Platte and Upper Colorado-Dirty Devil AUs.
Redundancy declines because 17 AUs remain and 1 is extirpated, and
representation remains the same as current conditions in terms of
represented ecoregions and habitat types.
The increase in climate change and anthropogenic effects compared
to current conditions under Scenario 2 has the potential to negatively
impact vegetative condition. We expect dormant seedlings and plants to
remain viable under this scenario and to support population resiliency.
Despite some reduction in resiliency, Ute ladies'-tresses is projected
to maintain 11 AUs with high or moderate resiliency in this scenario,
and these AUs are at less risk from potential stochastic events, such
as climatic variation, than the 6 AUs with low resiliency.
In Scenario 3 (A2), anthropogenic activities increase in 5 States
within the species' range; associated habitat loss results in the
extirpation of 11 occurrences in Utah, Colorado, Montana, Idaho, and
Nevada (within the Jordan, Lower Green River, Missouri Headwaters,
South Platte, Upper Snake, Upper Missouri, and Lower Colorado-Lake Mead
AUs).
As in Scenario 2, more occurrences are projected to see increases
of one to less than three additional severe to extreme droughts per
decade over current trends, and these effects are compounded by more
anthropogenic activity. Projected climate change effects and associated
declines in occurrence hydrologic condition result in the extirpation
of the Upper Colorado-Dirty Devil AU, as well as three occurrences in
Colorado and Montana (within the South Platte and Missouri Headwaters
AUs).
We project the overall resiliency of 11 AUs will remain the same as
the current condition, 2 AUs (Jordan, North Platte) will drop from high
to moderate condition, 1 AU (Missouri Headwaters) will drop from high
to low condition, 2 AUs (South Platte and Upper Missouri) will drop
from moderate to low condition, and 2 AUs (Upper Colorado-Dirty Devil
and Lower Colorado-Lake Mead) will drop from low to extirpated
condition (see table 2, below). Declines in AU resiliency were driven
by anthropogenic activities in the Jordan and Lower Colorado-Lake Mead
AUs; the combination of anthropogenic activities and climate change
effects in the Missouri Headwaters, Upper Missouri, and South Platte
AUs; and climate change effects in the North Platte and Upper Colorado-
Dirty Devil AUs. Redundancy declines because 16 AUs remain and 2 are
extirpated, and representation remains the same as current conditions
in terms of represented ecoregions and habitat types.
The increase in climate change and anthropogenic effects compared
to current conditions under Scenario 3 has the potential to negatively
impact vegetative condition. We expect dormant seedlings and plants to
remain viable under this scenario and to support population resiliency.
Despite some reduction in resiliency, Ute ladies'-tresses is projected
to maintain 10 AUs with high or moderate resiliency in this scenario,
and these AUs are at less risk from potential stochastic events, such
as climatic variation, than the 6 AUs with low resiliency.
[[Page 1069]]
Table 2--Summary of Ute Ladies'-Tresses Resiliency for the Current Condition and Three Future Scenarios
----------------------------------------------------------------------------------------------------------------
Resiliency
AU -------------------------------------------------------------------------------
Current condition Future scenario 1 Future scenario 2 Future scenario 3
----------------------------------------------------------------------------------------------------------------
Cheyenne........................ Low............... Low............... Low............... Low.
Colorado Headwaters............. Moderate.......... Moderate.......... Moderate.......... Moderate.
Great Salt Lake................. Low............... Low............... Low............... Low.
Jordan.......................... High.............. High.............. Moderate.......... Moderate.
Lower Bear...................... Moderate.......... Moderate.......... Moderate.......... Moderate.
Lower Colorado-Lake Mead........ Low............... Low............... Low............... Extirpated.
Lower Green River............... High.............. High.............. High.............. High.
Missouri Headwaters............. High.............. Moderate.......... Low............... Low.
Niobrara........................ Moderate.......... Moderate.......... Moderate.......... Moderate.
North Platte.................... High.............. Moderate.......... Moderate.......... Moderate.
Snake Headwaters................ Moderate.......... Moderate.......... Moderate.......... Moderate.
South Platte.................... Moderate.......... Moderate.......... Low............... Low.
Upper Colorado-Dirty Devil...... Low............... Extirpated........ Extirpated........ Extirpated.
Upper Columbia.................. Moderate.......... Moderate.......... Moderate.......... Moderate.
Upper Green..................... High.............. High.............. High.............. High.
Upper Missouri.................. Moderate.......... Moderate.......... Moderate.......... Low.
Upper Snake..................... Moderate.......... Moderate.......... Moderate.......... Moderate.
Weber........................... Low............... Low............... Low............... Low.
----------------------------------------------------------------------------------------------------------------
Under all three future scenarios, the overall resiliency of at
least 11 AUs is projected to remain the same as the current condition.
Declines in overall resiliency for the remaining AUs were driven by
climate change in Scenario 1 and the combination of anthropogenic
activities and climate change in Scenarios 2 and 3. Under all three
future scenarios, Ute ladies'-tresses is projected to maintain at least
10 AUs with high or moderate resiliency, and these AUs are at less risk
from potential stochastic events, such as climatic variation, than the
AUs with low resiliency. AUs along large, mainstem rivers with multiple
occurrences (Upper Green, Lower Green River, Upper Columbia, Upper
Snake, Lower Bear, Niobrara, Colorado Headwaters) are the most
resilient; they maintain their overall resiliency scores across all
future scenarios despite projected declines in abundance and
connectivity. The Upper Colorado-Dirty Devil AU in the southern part of
the range is the least resilient and is projected to be extirpated in
all three future scenarios due to climate change.
Under all three future scenarios, some genetic diversity within
populations could be lost. However, even in the most pessimistic
plausible scenario (Scenario 3), 16 AUs are expected to remain extant
and ecological variation will continue to be represented by the 12
ecoregions and 7 habitat types across Ute ladies'-tresses' range.
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have
analyzed the cumulative effects of identified threats and conservation
actions on the species. To assess the current and future condition of
the species, we evaluate the effects of all the relevant factors that
may be influencing the species, including threats and conservation
efforts. Because the SSA framework considers not just the presence of
the factors, but to what degree they collectively influence risk to the
entire species, our assessment integrates the cumulative effects of the
factors and replaces a standalone cumulative-effects analysis.
See the SSA report (Service 2024, entire) for a more detailed
discussion of our evaluation of the biological status of Ute ladies'-
tresses and the stressors that may affect its continued existence. Our
conclusions in the SSA report, which form the basis for the
determination below, are based upon the best available scientific and
commercial data.
Conservation Efforts and Regulatory Mechanisms
There are several regulatory mechanisms, as well as conservation
efforts, that may minimize the effect of stressors or provide benefits
to Ute ladies'-tresses. Due to the broad distribution of Ute ladies'-
tresses in the United States and Canada, management of this species
falls under numerous jurisdictions. Roughly 95 percent of the species'
range occurs in the United States, with the remaining 5 percent of its
range occurring in British Columbia, Canada. In the United States,
approximately 37 percent of land where the species occurs is federally
owned or managed by the BLM, USBR, USFS, Service, NPS, and DOD. Almost
half of the land, approximately 47 percent, is under private ownership.
There is a small amount (approximately 3 percent) of Ute ladies'-
tresses habitat where the land ownership is not known. The remaining 13
percent of the species' range is on State and Tribal lands (Service
2024, p. 39).
International Regulatory Mechanisms
International trade in all orchids is regulated by the Convention
on International Trade in Endangered Species of Wild Flora and Fauna
(CITES; 27 U.S.T. 1087, March 3, 1973), an international agreement
ratified by most countries worldwide since 1975. The purpose of CITES
is to regulate the international wildlife trade to safeguard certain
species from over-exploitation. Ute ladies'-tresses is listed as an
appendix II species of CITES and would remain an appendix II species if
delisted under the Act because it is an orchid. Under CITES, exporters
must obtain a permit for international shipment of specimens. Export
permits for an appendix II species are issued only when the following
findings are made: (1) a scientific finding of non-detriment (i.e.,
data or expert scientific opinion on the biological status of the
species indicating that the export is not likely to be detrimental to
species survival); and (2) a finding that specimens were acquired
legally (i.e., evidence that specimens to be exported were not obtained
in violation of any State, Federal, or other jurisdictional law). More
information on CITES can be found at: https://cites.org/eng/disc/what.php.
In Canada, the Committee on the Status of Endangered Wildlife in
Canada (COSEWIC) designated Ute ladies'-tresses as a schedule 1
endangered species under the Canadian Species at Risk Act (SARA) in
November 2018, due to the high risk of extirpation
[[Page 1070]]
(COSEWIC 2018, entire). This designation provides protection from
harming, killing, collecting, buying, selling, or possessing Ute
ladies'-tresses on Federal Crown lands. In Canada, the species occurs
on lands within an Ecological Reserve that are permanently protected
and managed by British Columbia Parks for their biodiversity, and on
lands within the Osoyoos Indian Reserve with no conservation status
(COSEWIC 2018, pp. 43-44).
Federal Regulatory Mechanisms
Clean Water Act--The Clean Water Act (CWA) was designed, in part,
to protect surface waters of the United States from unregulated
pollution from point sources. The CWA provides some benefit to Ute
ladies'-tresses through the regulation of discharge into surface waters
through a permitting process; however, the historical threats to Ute
ladies'-tresses habitat have not typically been associated with point
sources of pollution, and the best available information indicates that
pollution is not a stressor.
Under section 404 of the CWA, the U.S. Army Corps of Engineers
(USACE) regulates the discharge of fill material into waters of the
United States, including wetlands that meet certain jurisdictional
requirements. In general, the term ``wetland'' refers to areas meeting
the USACE's criteria of hydric soils, hydrology (either sufficient
annual flooding or water on the soil surface), and hydrophytic
vegetation (plants specifically adapted for growing in wetlands).
The USACE and the U.S. Environmental Protection Agency (EPA)
amended the definition of ``waters of the United States'' as it applies
to the CWA and the jurisdictional authority of the USACE on September
8, 2023 (88 FR 61964), to comply with a 2023 Supreme Court Decision,
Sackett v. Environmental Protection Agency. Under the new definition,
jurisdictional (that is, regulated under the authority of the CWA)
wetlands are those wetlands adjacent to navigable waters defined as
interstate waters, and relatively permanent, standing or continuously
flowing bodies of water with continuous surface connection to certain
other bodies of water (see 33 CFR 328.3(a)(1) and (a)(4), and 40 CFR
120.2(a)(4)); and jurisdictional ``waters of the United States''
include certain intrastate lakes and ponds (see 33 CFR 328.3(a)(5)).
Under this definition of waters of the United States, Ute ladies'-
tresses occurrences along interstate waters or along intrastate lakes,
ponds, streams, or wetlands that are relatively permanent, standing or
continuously flowing bodies of water with a continuous surface
connection to certain waterbodies would be considered as occurring in
jurisdictional waters/wetlands, and we expect the protections of the
CWA to remain if we delist Ute ladies'-tresses under the Act. However,
in some cases, occurrences in wet meadow, spring, or seep habitats that
do not meet the definition would not be considered jurisdictional
waters/wetlands under the CWA. This means the loss of indirect
protections under the CWA for occurrences on non-Federal lands in the
United States. Under the previous and new definition of ``waters of the
United States,'' certain farming activities, ditches, artificially
irrigated areas that would revert to dry land if irrigation ceased, and
artificial lakes, ponds, or waterfilled depressions incidental to
construction activity are not considered waters of the United States
and are excluded from the CWA's section 404 regulations.
National Environmental Policy Act--Environmental review of
potential effects of Federal actions is mandated under the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.). When NEPA
analysis reveals significant environmental effects, the Federal
agencies must disclose those effects to the public and consider
mitigation that could offset the effects. These mitigations usually
provide some protections for listed species. However, NEPA does not
require that adverse impacts be mitigated, only disclosed. Therefore,
it is unclear what level of protection would be conveyed to Ute
ladies'-tresses through NEPA, in the absence of protections under the
Act.
National Park Organic Act--Federal activities on National Park
Service (NPS) lands are subject to the National Park Service Organic
Act (54 U.S.C. 100101 et seq.). The Organic Act specifies that the NPS
will promote and regulate the use of the National Park System (System)
by means and measures that conform to the fundamental purpose of the
System units, which purpose is to conserve the scenery, natural and
historic objects, and wild life in the System units and to provide for
the enjoyment of the scenery, natural and historic objects, and wild
life in such manner and by such means as will leave them unimpaired for
the enjoyment of future generations (54 U.S.C. 100101(a)).
The NPS manages Ute ladies'-tresses occurrences in Dinosaur
National Monument along the Green River in northwestern Colorado (Upper
Green and Lower Green River AUs) and a historical occurrence in Capitol
Reef National Park in Utah (Fertig et al. 2005, pp. 74, 77-78, 82, 89-
90; Hendricks 2005, entire; Service 2024, pp. 67, 71, 84-85). For
listed species, NPS provides habitat protections from conflicting land
use; however, the NPS does not control the hydrology of the Green or
Fremont Rivers. We expect habitat protections to continue along the
Green River if we delist Ute ladies'-tresses based on the regulatory
mechanisms provided by the Organic Act.
National Wildlife Refuge System Improvement Act--As directed by the
National Wildlife Refuge System Improvement Act (Pub. L. 105-57),
Service refuge managers have the authority and responsibility to
protect native ecosystems, fulfill the purposes for which an individual
refuge was founded, and implement strategies to achieve the goals and
objectives stated in management plans. In the Lower Green River AU,
Browns Park National Wildlife Refuge contained habitat for Ute ladies'-
tresses along the Green River in northwestern Colorado upstream of
Dinosaur National Monument as recently as 1999. Since then, flood and
scour events have reduced the amount of occupied and suitable Ute
ladies'-tresses habitat on the refuge (Horne 2024, pers. comm.). Browns
Park National Wildlife Refuge's comprehensive conservation plan (CCP)
is a land management plan that directs the protection and restoration
of riparian and wetland habitats, including Ute ladies'-tresses habitat
on the refuge (Service 1999, p. 22). Browns Park National Wildlife
Refuge will continue to protect riparian and wetland habitats that
include Ute ladies'-tresses habitat regardless of the Federal listing
status of Ute ladies'-tresses (Horne 2024, pers. comm.).
In addition to specific protections for Ute ladies'-tresses
provided under CCPs, the species is permanently protected by the
mission of the National Wildlife Refuge System to administer a national
network of lands and waters for the conservation, management, and where
appropriate, restoration of the fish, wildlife, and plant resources and
their habitats within the United States for the benefit of present and
future generations of Americans (16 U.S.C. 668dd(a)(2)).
National Forest Management Act--Federal activities on U.S. Forest
Service (USFS) lands are subject to the National Forest Management Act
of 1976 (NFMA; 16 U.S.C. 1600 et seq.). The NFMA requires the
development and implementation of resource management plans to guide
the maintenance of ecological conditions that support natural
distributions and abundance of species and not contribute to their
extirpation.
[[Page 1071]]
The USFS manages Ute ladies'-tresses occurrences in the Ashley
National Forest in northeastern Utah (Lower Green River AU), the Uinta-
Wasatch Cache National Forest in northcentral Utah (Jordan AU), and the
Caribou-Targhee National Forest in Idaho (Snake Headwaters AU) (Service
2024, pp. 47, 51, 61). Guidance for conservation of Ute ladies'-tresses
is included in the Caribou-Targhee, Uinta, and Ashley National Forest
plans (USFS 1997, p. III-14; USFS 2003, pp. 2-6, 5-51-5-53; USFS 2023,
pp. 20-21, 54, 90, 93). The Uinta-Wasatch Cache National Forest
designated the portion of the Diamond Fork Creek occurrence as a
``riparian habitat conservation area class I,'' which affords the
highest level of protection (300-ft (91-m) avoidance buffer) for Ute
ladies'-tresses in that area (USFS 2003, pp. D-1, D-2).
If we delist Ute ladies'-tresses, the species may still be
recognized as a USFS species of conservation concern whereby the agency
is directed to provide ecological conditions necessary to maintain
viable populations of the species (77 FR 21162, April 9, 2012; 36 CFR
219.9; Hayward et al. 2016, pp. 8, 21-28). The USFS in each respective
region has the authority to designate Ute ladies'-tresses as regional
forester sensitive species (RFSS), which is similar to a USFS species
of conservation concern (77 FR 21162 at 21175, April 9, 2012; 36 CFR
219.9(c)). If, in the future, Ute ladies'-tresses undergoes a downward
trend and its viability is a concern, the USFS has the authority to
designate it as a species of conservation concern. In addition, if
delisted, Ute ladies'-tresses occupying riparian habitats on USFS lands
will continue to receive levels of protection for riparian habitats
identified in the forest plans (USFS 1997, pp. III-9-III-12; USFS 2003,
pp. 3-2-3-5, 3-9-3-10, 3-14-3-15, 3-22, 3-25-3-27, D-1, D-2; USFS 2023,
pp. 17-18, 46, 50, 53-54, 92).
Federal Land Policy and Management Act--The Federal Land Policy and
Management Act (FLPMA; 43 U.S.C. 1701 et seq.) applies to the BLM with
regard to the conservation and use of public lands under their
management. The BLM manages Ute ladies'-tresses occurrences in
Colorado, Utah, Idaho, Washington, and Wyoming (Colorado Headwaters,
Lower Colorado-Lake Mead, Upper Colorado-Dirty Devil, Lower Green
River, Upper Green, Snake Headwaters, Upper Snake, Upper Columbia,
North Platte, and Cheyenne AUs) (Fertig et al. 2005, pp. 38-55; Service
2024, pp. 84-85).
Guidance for Ute ladies'-tresses conservation is included in some
BLM resource management plans (RMPs) that include surveys, monitoring,
avoidance buffers, and invasive species control (BLM 2020, pp. F-24-F-
25; BLM 2015a, appendix J; BLM 2000, pp. 15-17; BLM 2007, appendix Z;
BLM 2008a, appendix 14; BLM 2010, appendix T; BLM 2014, appendix P; BLM
2015b, appendix K; BLM 2015c, appendix K; BLM 2015d, appendix K; BLM
2016, appendix 28; BLM 2023a, pp. 3-12, 3-13, and 4-81-4-82; Carroll
2005, entire).
The one extant occurrence along Deer Creek in the Upper Colorado-
Dirty Devil AU is located in the Grand Staircase National Monument in
Utah, established in 1996 to preserve geologic, archaeologic, and
ecological communities and provide for scientific research, education,
and exploration (Presidential Proclamation 6920, September 18, 1996;
BLM 2020, p. F-24-F-25). Occurrences in the Upper Snake River, Idaho
(Upper Snake AU), are located along the floodplain of the Snake and
Henry's Fork Rivers. The Snake River area of critical environmental
concern (ACEC) includes 21,954 ac (8,884 ha) of BLM-managed public
lands designated to protect and conserve riparian-wetland habitat. This
ACEC is the top priority wetland in the State of Idaho, and we consider
it to contain the highest-quality cottonwood riparian zone in the
western United States (BLM 1985, pp. 25-26; Fertig et al. 2005, pp. 38-
44; Velman 2005, entire; BLM 2023b, pp. 8-9; BLM 2023c pp. 90-91).
Occurrences in the Green River (Lower Green River AU) are found in the
Browns Park ACEC in Utah; the ACEC comprises 18,480 ac (7,479 ha) and
protects high value scenery, wildlife habitat, and cultural resources
(Fertig et al. 2005, p. 46; BLM 2008b, p. 36). The protections provided
by ACEC designations are not contingent upon the species' federally
listed status. The BLM's ACECs do not have an expiration date, and
removing an ACEC designation is not simple. A withdrawal of an ACEC can
be made only by the Secretary of the Interior (Secretary) or, if
delegated by the Secretary, an individual in the Office of the
Secretary who has been appointed by the President, by and with the
advice and consent of the Senate (43 U.S.C. 1714(a)). The Snake River
and Browns Park ACECs were designated to protect multiple species and
resources in addition to Ute ladies'-tresses. Therefore, the ACEC
designations will not change under the current BLM RMP, even if Ute
ladies'-tresses is delisted.
Even without the protections of the Act, Ute ladies'-tresses orchid
would remain a BLM sensitive species for at least 5 years (BLM 2008c,
pp. 36, 47). The BLM in each respective State has the authority to
designate Ute ladies'-tresses as a BLM sensitive species, which would
provide protections equivalent to a Federal candidate species (BLM
2008c, pp. 43, 47). If, in the future, Ute ladies'-tresses undergoes a
downward trend and its viability is at risk such that it meets the
definition of a BLM sensitive species, the BLM has the authority to
designate it as a BLM sensitive species (BLM 2008c, pp. 36-37).
If delisted, Ute ladies'-tresses occupying riparian habitats on BLM
lands would also receive the levels of protection for riparian habitats
identified in the RMPs, including avoidance buffers, livestock grazing
provisions, and invasive species control (BLM 1985, p. 39; BLM 2000,
pp. 8-12, 15-18, 37-40, 45-49, 54, 61; BLM 2007, pp. 2-10, 2-18-2-24,
2-40, 2-44; BLM 2008a, pp. 2-19, 2-35, 2-42, 2-46-2-50, and appendix
14; BLM 2008b, pp. 44, 113-115; BLM 2010, pp. 2-24-2-25, 2-30, 2-33-2-
38, 2-45-2-49, 2-60, and appendix T; BLM 2014, pp. 18-19, 39-41, 46-48,
52, 58, 67, 98-99; BLM 2015a, pp. 33-48, and appendices B and J; BLM
2015b, pp. 6, 10, 32, 36-37, 47, 54, 59, 62, 73, 75-76, 85, 86, 97,
101-102, 106, 117-118, 125-126, 148-150, 161, 179-180; BLM 2015c, pp.
5, 27, 33-34, 42-43, 55, 60, 72, 75-76, 81, 85, 93, 105, 115, 121-123;
BLM 2015d, pp. 5, 33-34, 42-43, 55, 60, 71, 74-76, 80, 84, 91, 103,
115, 126-128; BLM 2016, pp. 1-5-1-7, 2-3, 2-15-2-19, 2-25, 2-41-2-43,
2-55, 2-65-2-66, and appendix 28; BLM 2020, pp. ROD-17, ARMPs-14-15, C-
16-C-17, C-20, F-9-F-11, F-25; BLM 2023a, pp. 2-14, 2-16-4-231).
Reclamation Act of 1902--The U.S. Bureau of Reclamation (USBR) is
responsible for the management and development of many large Federal
dams, water diversion structures, and water storage project
construction in the western United States subject to the Reclamation
Act of 1902 (Pub. L. 57-161; 43 U.S.C. 371 et seq.), and section 4007
of the Water Infrastructure Improvements for the Nation Act (WIIN Act,
Pub. L. 114-322; 43 U.S.C. 390b note). The USBR has the authority to
manage water flows and water releases along the Green River in Colorado
and Utah, and the South Fork Snake River in Idaho. The USBR has
delegated its authority in some areas to commissions (e.g., the Utah
Reclamation Mitigation and Conservation Commission (URMCC)) or Water
Conservation Districts to manage smaller rivers such as the Provo,
Duchesne, and Diamond Fork Rivers in Utah.
[[Page 1072]]
The USBR and other cooperating agencies have implemented management
actions to benefit federally listed fish in river corridors where Ute
ladies'-tresses occurs, and we expect these management actions to
continue if Ute ladies'-tresses is delisted. The USBR, commissions, or
Water Conservation Districts manage peak and base flows to support a
more natural hydrograph and contribute to the creation of wetland
habitats to support conservation of federally listed and native fish
species such as the humpback chub (Gila cypha), Colorado pikeminnow
(Ptychocheilus lucius), razorback sucker (Xyrauchen texanus), June
sucker (Chasmistes liorus), and bull trout (Salvelinus confluentus).
Fish conservation actions indirectly benefit Ute ladies'-tresses by
creating suitable habitat and allowing a more natural hydrograph that
allows for periodic flood and scour events to maintain early- to mid-
seral habitat conditions.
Examples of management actions taken by the USBR include: (1) In
the Upper Green and Lower Green River AUs, as part of the Upper
Colorado River endangered fish recovery program (UCRRP) established in
1988, the USBR manages peak and base flows of the Green River to
support a more natural hydrograph and contributes to the creation of
wetland habitats to support conservation of native fish species (UCRRP
1988 and 2022, entire); (2) in the Jordan AU, as part of the June
sucker recovery implementation program, the USBR and URMCC are
restoring, enhancing, and creating wetland habitat conditions along the
lower Provo River and Provo River Delta where it connects to Utah Lake
(Service 2016, entire). The Provo River Delta restoration project
(PRDRP) has already protected Ute ladies'-tresses and was complete in
2024 (Service 2016, entire; US Department of Interior 2024, entire);
and (3) in the Snake River AU, as part of the consultation for the
operations and maintenance of USBR projects in the Snake River Basin
above Brownlee Reservoir, the USBR manages flows to support a more
natural hydrograph (USBR 2005b, entire).
Sikes Act and Sikes Act Improvement Act--Federal activities on
Department of Defense (DOD) lands are subject to the Sikes Act (Pub. L.
86-797; 16 U.S.C. 670 et seq.) and Sikes Act Improvement Act (SAIA;
Pub. L. 105-85). The Sikes Act and SAIA provide for cooperation by the
DOD, the Department of the Interior (including the Service), and State
fish and wildlife agencies in the planning, development, and
maintenance of fish and wildlife resources on military installations
throughout the United States. Each military department is required to
develop and implement an integrated natural resources management plan
(INRMP) that must be reviewed on a regular basis, but not less often
than every 5 years, and must reflect the agreement of the parties
concerning conservation, protection, and management of fish and
wildlife resources.
Ute ladies'-tresses was found on the F.E. Warren Air Force Base
(FEWAFB) in Wyoming during Colorado butterfly plant (Gaura neomexicana
var. coloradensis) monitoring in August 2023 (Heidel 2023, entire).
Given the recent discovery of Ute ladies'-tresses there, the current
INRMP does not include protections or conservation measures for Ute
ladies'-tresses (INRMP 2022, p. 48). However, the species' habitat is
managed under a formal conservation agreement for the Colorado
butterfly plant, a plant species delisted under the Act in 2019 (see 84
FR 59570, November 5, 2019), and Preble's meadow jumping mouse (Zapus
hudsonius preblei), a threatened species under the Act. Management
actions include annual monitoring, noxious weed control, avoidance
buffers, public access restrictions, riparian habitat protections, and
targeted grazing for noxious weed control (FEWAFB 2004, pp. 7-9). These
management actions are also beneficial to Ute ladies'-tresses, and we
expect them to continue in the future to conserve Preble's meadow
jumping mouse and achieve the INRMP's goal of protecting and conserving
populations of native plants, fish, and wildlife on FEWAFB.
Federal Power Act--The Federal Power Act (16 U.S.C. 791 et seq.)
provides for the equal protection of fish and wildlife and other
aspects of environmental quality as power and development. As with
NEPA, we have the authority to participate in the environmental
evaluation process, but acceptance and implementation of our
recommendations by a Federal action agency is not required. Under the
Federal Power Act, the Federal Energy Regulatory Commission (FERC) is
responsible for the regulation of hydropower projects and other
interstate energy sources transmission of natural gas, oil, and
electricity. In Washington, FERC requires the Chelan Public Utility
District (PUD) and Grant PUD to control noxious weeds where Ute
ladies'-tresses occurs, conduct regular surveys to document plant
numbers and distribution, and conduct a survey of suitable habitats
every 5 years to identify new populations (Pope and Cordell 2023, p.
2). The Chelan PUD recently acquired an easement on private land to
protect the species and implemented conservation actions to control
invasive plants on all landownerships (Pope and Cordell 2023, p. 7).
These protections at the Chelan PUD-managed Rocky Reach and Rock
Islands occurrences will likely continue, at a minimum, through the
post-delisting monitoring period; these protections will continue
regardless of the species' listing status under the Act at the Grant
PUD-managed Vantage occurrence (LeMoine 2024, entire).
Other Federal Regulatory Mechanisms
We considered the wetland protections from croplands on private
lands afforded under the Food Security Act (16 U.S.C. 3801 et seq.),
but the best available information does not indicate that crops or
cropland conversion are stressors to Ute ladies'-tresses.
Various Executive Orders provide guidance for Federal land
management agencies to manage for habitat characteristics essential for
the conservation of Ute ladies'-tresses. They include Executive Order
11990 (Protection of Wetlands) (May 24, 1977), Executive Order 11988
(Floodplain Management) (May 24, 1977), and Executive Order 13112
(Invasive Species) (February 3, 1999).
State Regulatory Mechanisms
In the United States, Ute ladies'-tresses has State protections in
Washington as ``endangered,'' in Nebraska as ``threatened,'' and in
Nevada as ``fully protected'' (Washington Natural Heritage Program
2021, pp. 1-2, 104-106; title 163 of the Nebraska Administrative Code
at chapter 4, section 163-4-004; and chapter 527 of the Nevada
Administrative Code at section 527.010, respectively). In Washington
State, the designation of Ute ladies'-tresses as a State endangered
plant species prioritizes the conservation of its wetland habitat, and
mitigation may be required to offset habitat impacts (Rocchio 2024,
entire). In Nebraska, State-listed plant protections generally mirror
the Act for endangered and threatened plant species; however,
exceptions are provided for normal agricultural practices (title 163 of
the Nebraska Administrative Code at chapter 4, section 163-4-004). In
Nevada, fully protected species are declared to be threatened with
extinction and require a special permit for removal or destruction on
public and private lands (chapter 527 of the Nevada Administrative Code
at section 527.010, and title 47 of the Nevada Revised Statutes at
chapter 527, sections 527.050
[[Page 1073]]
and 527.270). There are no State protections for Ute ladies'-tresses in
Colorado, Idaho, Montana, Utah, or Wyoming. Ute ladies'-tresses'
habitat is protected where it occurs in State wildlife areas in
Washington, Idaho, and Utah (Fertig et al. 2005, pp. 72-76; Pope and
Cordell 2023, p. 8).
County/City Regulatory Mechanisms
Multiple occurrences (Boulder Creek, South Boulder Creek, and Clear
Creek) in the South Platte AU are protected in natural areas and
managed by the City of Boulder Open Space and Mountain Parks (OSMP) to
conserve rare or endangered plant species and their habitats (see title
33 of the Colorado Revised Statutes at section 33-33-104). The City of
Boulder's OSMP manages open space in perpetuity to preserve natural
areas, water resources, floodplains, and wildlife habitats (Riedel
2004, p. 1; City of Boulder OSMP 2024, p. 4). Most of the Ute ladies'-
tresses plants in Boulder County are protected in the South Boulder
Creek State Natural Area and Tallgrass Natural Area, which include
approximately 1,347 ac (545 ha) of remnant tallgrass prairie habitat
(Riedel 2002, pp. 1, 7; City of Boulder OSMP 2023, entire). Boulder's
OSMP would likely continue to protect Ute ladies'-tresses if Federal
protections are removed (Riedel 2024, pers. comm.). Additionally, the
title 9 of the City of Boulder's Municipal Code at section 9-3-9
(Stream, Wetlands, and Water Body Protection) ensures the preservation,
protection, restoration, and enhancement of the quality and diversity
of wetlands and water bodies; this city regulation would continue to
protect Ute ladies'-tresses habitat if the species is delisted under
the Act.
Private Lands
Conservation efforts that have been performed by private entities
to benefit and conserve Ute ladies'-tresses are discussed here.
In the Lower Bear AU, the single occurrence, Mendon Meadows, is
protected as a preserve specifically for Ute ladies'-tresses, and the
land is managed solely for the species (Bear River Land Trust (BRLT)
2014, entire). Management practices include regular surveys,
irrigation, seasonal grazing or mowing that avoids the flowering
period, a prohibition on recreation and development, and restrictions
on herbicide use (BRLT 2014, pp. 6, 14, 16). Long-term habitat
protections are provided for this Ute ladies'-tresses occurrence, and
if we delist the species, any future changes would need Service
approval (BRLT 2014, pp. 3, 5-6).
Tribal Lands
Occurrences in the Lower Green River, Upper Snake, and Upper
Columbia AUs occur on Tribal lands (Fertig et al. 2005, pp. 71, 74, 77-
78; Service 2024, pp. 39, 51, 69, 75). We are not aware of regulations
that provide protections to Ute ladies'-tresses on Tribal lands.
Overall, the conservation measures and regulatory mechanisms
afforded to wetland riparian habitats on Federal, State, and private
lands in the United States and on British Columbia Parks and Federal
Crown lands in Canada minimize the effects of anthropogenic stressors
to Ute ladies'-tresses, in particular the threat of urban development
to the species' habitat, regardless of the species' status under the
Act.
Proposed Determination of Ute Ladies'-Tresses' Status
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of an endangered species or a
threatened species. The Act defines an ``endangered species'' as a
species that is in danger of extinction throughout all or a significant
portion of its range, and a ``threatened species'' as a species that is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range. The Act requires
that we determine whether a species meets the definition of an
endangered species or a threatened species because of any of the
following 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.
When we listed Ute ladies'-tresses as threatened in 1992 (see 57 FR
2048; January 17, 1992), we identified habitat loss and modification
due to water development and urbanization (Factor A) as the primary
threat to the species. We considered collection (Factor B) to be a
threat because it is an orchid species. Disease and predation (Factor
C) were not considered threats. Regulatory mechanisms (Factor D)
included a limited degree of protection for the species' wetland
habitat under the Clean Water Act and for the species itself through
the regulation of international trade for all orchids by CITES.
Finally, we identified small and scattered populations, the variable
demographic structure of populations, and a presumed slow reproductive
rate (Factor E) as vulnerabilities to threats and stressors. In our SSA
report, we evaluated these stressors and additional stressors that were
identified after the time of listing. Much more is presently known
about the species and its stressors than at the time of listing. The
best available information indicates that habitat loss from
anthropogenic activities (Factor A) and climate change (Factor E) are
the most influential threats affecting Ute ladies'-tresses now and into
the future, although we acknowledge there is uncertainty about the
future impacts of anthropogenic activities and climate change to the
species and its habitats.
We consider the severity and magnitude of the primary threat,
habitat loss and modification due to urbanization and water development
(we refer to this threat as water management here and in the SSA
report) (Factor A) to be much lower now than we believed at the time of
listing, given the increase in the number of known Ute ladies'-tresses
populations and the increase in the extent of the species' known range
based on new information over the past 32 years. While this threat has
resulted in the localized loss of occurrences and the extirpation of
one historical AU (Upper Arkansas), it does not result in a species-
level impact given the much larger number of known occurrences, AUs,
and species' range that comprise the species' current status. Future
projections of this threat in combination with other anthropogenic
stressors indicate that this threat will increase in the future, but
will remain localized within the species' range and will be minimized
by conservation measures and regulatory mechanisms afforded to wetland
riparian habitats on Federal, State, and private lands in the United
States and on British Columbia Parks and Federal Crown lands in Canada
regardless of Ute ladies'-tresses' status under the Act (see
Conservation Efforts and Regulatory Mechanisms, above).
Collection (Factor B) from the wild has not occurred at the level
anticipated at the time of listing presumably because the species is
less showy than the tropical orchids and other Spiranthes species
available for purchase (see ``Collection,'' above). Protections from
collection and international trade are also afforded by CITES for all
orchids; these protections are not contingent on an orchid species
being federally listed. Disease and
[[Page 1074]]
predation (Factor C) have not materialized since listing.
Climate change (Factor E) and drought (Factor A) are not currently
having a population-level or species-level effect on Ute ladies'-
tresses and are not projected to result in a species-level effect in
the future. The best available information indicates that these
stressors have not resulted in the extirpation of occurrences or AUs.
Future projections of climate change indicate that the frequency of
severe and extreme droughts may decrease or remain the same in some
areas of the range, but in much of the range, the frequency will
increase above current trends. Ute ladies'-tresses is drought-tolerant
and adapted to a range of soil moisture conditions, which increases its
resilience to potential future increases in severe and extreme drought
frequency. The resiliency of Ute ladies'-tresses AUs varies across the
species' range. Ute ladies'-tresses AUs along large, mainstem rivers
with multiple occurrences (Upper Green, Lower Green River, Upper
Columbia, Upper Snake, Lower Bear, Niobrara, Colorado Headwaters) are
the most resilient; they maintain their overall resiliency scores
across all future scenarios despite projected declines in abundance and
connectivity. The Upper Colorado-Dirty Devil AU in the southern part of
the range is the least resilient and is projected to be extirpated in
all three future scenarios due to climate change. Based on the best
available information, the majority of AUs are tolerant of the effects
of climate change (Factor E) and are able to withstand the cumulative
effects of all stressors (Factor E).
We also evaluated a variety of conservation efforts and regulatory
mechanisms (Factor D) that either reduce or ameliorate stressors and
improve or maintain habitat conditions and population resiliency in the
absence of the Act's protections. The Clean Water Act provides some
habitat protections for Ute ladies'-tresses occurrences in
jurisdictional waters/wetlands, such along interstate waters or along
intrastate lakes, ponds, streams, and wetlands that are relatively
permanent, standing or continuously flowing bodies of water with a
continuous surface connection to certain waterbodies. Habitat
protections for wetland and riparian habitats are also afforded to the
species on Federal lands by regulatory mechanisms provided by the NPS
Organic Act on NPS lands in Colorado and Utah; the National Wildlife
Refuge System Improvement Act on Service refuge lands in Colorado; the
National Forest Management Act of 1976 and USFS National Forest plans
on USFS lands in Utah and Idaho; the Federal Land Policy and Management
Act and BLM RMPs and ACEC designations on BLM lands in Colorado, Utah,
Idaho, Washington, and Wyoming; and the Sikes Act and Sikes Act
Improvement Act and INRMPs on DOD lands in Wyoming (see Conservation
Efforts and Regulatory Mechanisms, above). The USBR and FERC regulate
the hydrological regime and, in doing so, provide some habitat
protection along rivers and streams in some watersheds for the benefit
of federally listed fish species and other resources, which indirectly
benefits Ute ladies'-tresses.
In Canada, Ute ladies'-tresses is protected within an Ecological
Reserve managed by British Columbia Parks as well as on Federal Crown
land as a schedule 1 endangered species under SARA. Ute ladies'-tresses
also receives partial protections on State lands in Washington, Nevada,
and Nebraska and on open space lands in Boulder County, Colorado. Due
in part to the regulatory mechanisms described here on Federal lands
and other protected lands, the anthropogenic threats to the species,
particularly the threat of urban development to the habitat of Ute
ladies'-tresses, have been sufficiently reduced.
Status Throughout All of Its Range
Endangered Throughout Its Range Determination
Our evaluation of the current condition of Ute ladies'-tresses
found that there are currently 18 AUs distributed across eight U.S.
States and one Canadian Province. Ute ladies'-tresses' current
condition represents a marked improvement from what we understood its
condition to be when we first listed it as a threatened species in
1992. Over the last three decades, many more occurrences have been
discovered in an additional 14 AUs, increasing both numbers and the
species' known geographic range. Thirteen AUs have high or moderate
resilience to stochastic events, and these AUs are distributed across 6
U.S. States and Canada. The high or moderately resilient AUs typically
display a combination of resilient habitat (based on vegetative habitat
condition and hydrologic condition) and demographic factors (based on
the number of occurrences, connectivity within the AU, and potentially
suitable habitat within the AU) that enable them to adequately
withstand environmental and demographic stochasticity. The five AUs
with low resiliency are less able to withstand stochastic events.
While some stressors have impacted occurrences and AUs, none are
having species-level impacts individually or cumulatively. The severity
and magnitude of the primary threat, habitat loss and modification due
to urbanization and water development, is much lower now than believed
at the time of listing; it has resulted in the extirpation of localized
occurrences across the range, including one historical AU (Upper
Arkansas), representing 5 percent of the species' 19 historical AUs,
and some of the occurrences in three extant AUs (South Platte, Jordan,
and Weber) in Colorado and Utah (see ``Urban Development,'' above).
Despite these impacts, the South Platte and Jordan AUs remain in
moderate and high current condition, respectively (see table 1, above).
Ute ladies'-tresses is tolerant of and adapted to the altered habitat
conditions in AUs from various stressors, as well drought and climate
change and the cumulative effects of all stressors.
With 18 AUs distributed across 12 ecoregions and 7 habitat types,
the species currently has sufficient resiliency, redundancy, and
representation to withstand stochastic and catastrophic events and
adapt to changes. Therefore, we find that Ute ladies'-tresses is not in
danger of extinction throughout all of its range.
Threatened Throughout Its Range Determination
Under the Act, a threatened species is any species that is likely
to become an endangered species within the foreseeable future
throughout all or a significant portion of its range (16 U.S.C.
1532(20)). The foreseeable future extends only so far into the future
as the Service can make reasonably reliable predictions about the
threats to the species and the species' responses to those threats (50
CFR 424.11(d)). The Service describes the foreseeable future on a case-
by-case basis, using the best available data and taking into account
considerations such as the species' life-history characteristics,
threat-projection timeframes, and environmental variability (50 CFR
424.11(d)). The key statutory difference between a threatened species
and an endangered species is the timing of when a species may be in
danger of extinction, either now (endangered species) or in the
foreseeable future (threatened species).
For the purposes of our analysis, we defined the foreseeable future
for Ute ladies'-tresses as approximately 50 years (to 2074). We relied
on combined climate and land use projections by the IPCC out to 2074,
the timeframe for which they were available. These
[[Page 1075]]
projections provide the best available evaluation of the primary
stressors to the species. After 2074, we do not have information that
reliably projects the combined effects of climate change and habitat
loss from anthropogenic activities within the species' range. We also
selected this timeframe because it allows us to reliably project
changes in other species' stressors and land management and is
biologically meaningful to the species to begin to understand the
response of ecosystems to those changes. By 2074, we anticipate a range
of plausible future conditions for Ute ladies'-tresses.
Our evaluation of the projected future condition of Ute ladies'-
tresses found that resiliency and redundancy are projected to decline
under all three plausible future scenarios based on the future impacts
of anthropogenic activities and climate change. In general, the
species' range is projected to become hotter and drier under all three
future scenarios, even under the most optimistic scenario (Scenario 1).
Declines in resiliency and redundancy were driven by climate change in
Scenario 1 and the combination of anthropogenic activities and climate
change in Scenarios 2 and 3. Despite the combined effects of
anthropogenic activities and climate change, Ute ladies'-tresses' life-
history characteristics (such as its capability for extended,
underground dormancy during unfavorable conditions including drought
and habitat changes (e.g., vegetative succession); its dispersal and
colonization ability within watersheds to escape land use and habitat
changes; and its ability to thrive in human-managed water systems that
have altered flow regimes) confer sufficient resiliency to the
projected hotter, drier hydrological conditions, as well as habitat and
land use changes.
The plausible future condition of Ute ladies'-tresses in 2074
ranges from 17 AUs across the range with 13 of those AUs being highly
or moderately resilient to stochastic events (Scenario 1) to 16 AUs
across the range with 10 of those AUs being highly or moderately
resilient (Scenario 3). While the species' actual future condition may
fall anywhere between Scenarios 1 and 3, even if we assume that
Scenario 3 (the worst-case) were to occur, the species is projected to
maintain 16 AUs across its range, with 11 of those AUs projected to
maintain the same condition as their current condition. Ten of the 16
AUs in 6 States (Colorado, Idaho, Nebraska, Utah, Wyoming, and
Washington) and Canada are projected to be highly or moderately
resilient to stochastic events. Ute ladies'-tresses' redundancy
declines slightly from 18 AUs to 16 AUs, with a contraction along the
southern part of its current range due to projected extirpations in
Nevada (Lower Colorado-Lake Mead AU) and southern Utah (Upper Colorado-
Dirty Devil AU). Representation is projected to be similar to current
conditions, as the species is projected to maintain the same number of
ecoregions (12) and habitat types (7) across its range. Therefore, even
in the worst-case scenario, our analysis suggests that losses of
resiliency and redundancy would be modest, with 16 AUs remaining across
the range, and 10 of those AUs remaining in moderate or high condition,
with no major changes in representation expected. Collectively, this
suggests that in 50 years, viability of the species will not be
significantly reduced (Service 2024, pp. 198-199). Recovery efforts,
particularly survey efforts that have identified many more occurrences,
have increased Ute ladies'-tresses' known resiliency, redundancy, and
representation such that the species is now better able to recover from
impacts noted at the time of listing, and we anticipate that Ute
ladies'-tresses will retain sufficient levels of resiliency,
redundancy, and representation in the foreseeable future.
Two factors support the maintenance of the current condition in 11
AUs and the moderate to high future resiliency of at least 10 AUs: (1)
regulatory mechanisms and conservation efforts, and (2) the species'
biological characteristics. First, the maintenance of the current
condition and the high to moderate resiliency of more than half of Ute
ladies'-tresses AUs is, in part, due to habitat protections and
regulations implemented by Canada; U.S. Federal agencies; the States of
Washington, Nebraska, and Nevada; the City of Boulder; and private
entities (Factor D) that will continue to be implemented into the
future, even in the absence of protections afforded by the Act, as
described above under Conservation Efforts and Regulatory Mechanisms.
These protections will continue to limit the potential effects of
stressors on Ute ladies'-tresses in the future.
Second, independent of future regulatory mechanisms and
conservation efforts, Ute ladies'-tresses' biological characteristics
moderate its response to increasing stressors. Ute ladies'-tresses'
ruderal life-history strategy; adaptation and resilience to disturbance
(stochastic events) such as flooding, mowing, and grazing; its
dispersal and colonization ability in many habitat types; and its
drought tolerance all increase its resilience to potential future
increases in stressors and habitat and environmental changes
(representation) evidenced by the species' past ability to maintain
high and moderate resiliency in the face of ongoing stressors in the
Jordan and South Platte AUs. Although habitat conditions could become
considerably drier under Scenario 3, Ute ladies'-tresses is hardy and
already adapted to periods of drought. Individuals may live many
decades and have maintained healthy recruitment and survival despite
drought conditions and other climatic variation in the past.
We recognize that some habitat-related threats remain present, and
they have ongoing impacts to Ute ladies'-tresses AUs. We acknowledge
that the specific effects of climate change on Ute ladies'-tresses and
its habitat are uncertain and may have a negative impact. However, we
found that current and expected patterns in site protection and habitat
management (Factor D) and the species' adaptation and resilience to
disturbance are sufficient to prevent effects at the species level.
After evaluating threats to the species and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, and considering the levels of resiliency, redundancy, and
representation projected under the current and future scenarios
described in the SSA report, Ute ladies'-tresses will be able to
withstand stochastic events, catastrophic events, and environmental
change now and into the foreseeable future. Thus, after assessing the
best available information, we conclude that Ute ladies'-tresses is not
in danger of extinction now or likely to become so within the
foreseeable future throughout all of its range.
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
within the foreseeable future throughout all or a significant portion
of its range. Having determined that Ute ladies'-tresses is not in
danger of extinction or likely to become so within the foreseeable
future throughout all of its range, we now consider whether it may be
in danger of extinction (i.e., endangered) or likely to become so
within the foreseeable future (i.e., threatened) in a significant
portion of its range--that is, whether there is any portion of the
species' range for which both (1) the portion is significant; and (2)
the species is in danger of extinction or likely to become so within
the foreseeable future in that portion. Depending on the case, it might
be more efficient for us to address the ``significance'' question or
the ``status''
[[Page 1076]]
question first. We can choose to address either question first.
Regardless of which question we address first, if we reach a negative
answer with respect to the first question that we address, we do not
need to evaluate the other question for that portion of the species'
range.
In undertaking this analysis for Ute ladies'-tresses, we choose to
address the status question first. We began by identifying portions of
the range where the biological status of the species may be different
from its biological status elsewhere in its range. For this purpose, we
considered information pertaining to the geographic distribution of (a)
occurrences of the species, (b) the threats that the species faces, and
(c) the resiliency condition of AUs (populations).
We evaluated the range of Ute ladies'-tresses to determine if the
species is in danger of extinction now or likely to become so within
the foreseeable future in any portion of its range. The range of a
species can theoretically be divided into portions in an infinite
number of ways. We focused our analysis on portions of the species'
range that may meet the Act's definition of an endangered species or a
threatened species. For Ute ladies'-tresses, we considered whether the
threats or their effects on the species are greater in any biologically
meaningful portion of the species' range than in other portions such
that the species is in danger of extinction now or likely to become so
within the foreseeable future in that portion. We examined the
following threats: anthropogenic activities including urban
development, water management, agriculture, livestock grazing,
recreation, invasive plants, and collection; and environmental
conditions including vegetative succession, disease or predation,
drought, climate change, and human population change, including
cumulative effects.
We examined the range of Ute ladies'-tresses for biologically
meaningful portions that may be at a higher risk of extirpation, as
reflected by potentially larger climate change effects and
anthropogenic effects to the species. We determined that by itself, any
single AU is too small to be considered a biologically meaningful
portion of the range for Ute ladies'-tresses because each AU represents
a small percentage (6 percent) of the total number of the 18 AUs
rangewide, and each AU contains only a small area of the species'
range. Therefore, even though the Upper Columbia AU is separate from
the rest of the range, we do not consider it to be a biologically
meaningful portion on its own.
We identified seven AUs that are a geographically concentrated
grouping at a biologically meaningful scale along the southern edge of
Ute ladies'-tresses' overall range; those seven AUs are the Great Salt
Lake, Jordan, Lower Colorado-Lake Mead, Upper Colorado-Dirty Devil,
Lower Green River, Colorado Headwaters, and South Platte AUs. Relative
to the remainder of the range, this portion of the range is impacted by
elevated levels of drought, climate change, and anthropogenic stressors
now and into the future.
This portion may be at higher risk of extirpation, as reflected by
the current and future resiliency of the seven AUs. Currently, three of
these seven AUs have low resiliency, so they are at a greater risk of
extirpation than the other four AUs, two of which have high resiliency
and two have moderate resiliency. We examined the following threats,
for the reasons described above: anthropogenic activities including
urban development, water management, agriculture, livestock grazing,
recreation, invasive plants, and collection; and environmental
conditions including vegetative succession, disease or predation,
drought, climate change, and human population change, including
cumulative effects. We concluded that although almost half of the AUs
in this portion have low resiliency, the species has sufficient
resiliency, redundancy, and representation across the seven AUs in the
portion. The three AUs in low condition (Great Salt Lake, Lower
Colorado-Lake Mead, Upper Colorado-Dirty Devil) have sufficiently high
or moderate hydrologic condition to remain viable in the near term
despite lower scores for other metrics such as AU abundance and
connectivity. The seven AUs cover a wide geographic area that spans
portions of four States across a variety of climatic and habitat types
from north-to-south and east-to-west, such that there is no stochastic
or catastrophic event that would extirpate the portion in the near
term. Therefore, we conclude that the risk of extinction in the portion
is not low now, and the species in this portion does not meet the Act's
definition of an endangered species.
We also evaluated the status of this portion into the foreseeable
future. In the future, three of the seven AUs are projected to have low
resiliency or be extirpated (Great Salt Lake, Upper Colorado-Dirty
Devil, Lower Colorado-Lake Mead), one AU may have moderate to low
resiliency (South Platte), and the other three AUs have moderate to
high resiliency (Jordan, Lower Green River, Colorado Headwaters). We
examined the same threats described above for the species:
anthropogenic activities including urban development, water management,
agriculture, livestock grazing, recreation, invasive plants,
collection; and environmental conditions including vegetative
succession, disease or predation, drought, climate change, human
population change, including cumulative effects. We concluded that
although two AUs in this portion may be extirpated, the species has
sufficient resiliency, redundancy, and representation in the remaining
five AUs in the portion. The one AU consistently in low condition
(Great Salt Lake) is projected to maintain sufficiently moderate
hydrologic and vegetative condition to remain viable into the
foreseeable future despite lower scores for other metrics such as AU
abundance and connectivity. The five AUs cover a wide geographic area
that spans portions of three States across a variety of climatic and
habitat types from north-to-south and east-to-west, such that there is
no stochastic or catastrophic event that would extirpate the portion in
the foreseeable future. Even with two AUs in low condition and the
slight increase in extinction risk under Scenario 3, we found that the
current and projected patterns of habitat management and protection,
the hydrologic condition of the AUs, and the species' adaptation to
disturbance are sufficient to prevent effects to the species that would
cause it to meet the Act's definition of an endangered species or a
threatened species. Therefore, we conclude that the risk of extinction
in the portion is low in the foreseeable future and the species in this
portion does not meet the Act's definition of a threatened species.
As a result, we found no portion of Ute ladies'-tresses' range
where the biological condition of the species differs from its
condition elsewhere in its range such that the status of the species in
that portion differs from any other portion of the species' range.
Therefore, the portion both currently and into the future has enough
resiliency such that it is not at risk of extinction now or within the
foreseeable future. Because we determined that this portion does not
have a different status, we did not need to assess its potential
significance.
Therefore, we find that the species is not in danger of extinction
now or likely to become so within the foreseeable future in any
significant portion of its range. This does not conflict with the
courts' holdings in Desert Survivors v. Department of the Interior, 336
F. Supp. 3d 1131 (N.D. Cal. 2018), and Center for
[[Page 1077]]
Biological Diversity v. Jewell, 248 F. Supp. 3d. 946, 959 (D. Ariz.
2017) because, in reaching this conclusion, we did not apply the
aspects of the Final Policy on Interpretation of the Phrase
``Significant Portion of Its Range'' in the Endangered Species Act's
Definitions of ``Endangered Species'' and ``Threatened Species'' (79 FR
37578; July 1, 2014), including the definition of ``significant'' that
those court decisions held to be invalid.
Determination of Status
Our review of the best available scientific and commercial
information indicates that Ute ladies'-tresses does not meet the Act's
definition of endangered species or threatened species in accordance
with sections 3(6) and 3(20) of the Act. In accordance with our current
regulations at 50 CFR 424.11(e)(2), Ute ladies'-tresses has recovered
and no longer warrants listing. Therefore, we propose to remove Ute
ladies'-tresses from the Federal List of Endangered and Threatened
Plants.
Effects of This Rule
This proposed rule, if made final, would revise 50 CFR 17.12(h) by
removing Ute ladies'-tresses from the Federal List of Endangered and
Threatened Plants. The prohibitions and conservation measures provided
by the Act, particularly through sections 7 and 9, would no longer
apply to this species. Federal agencies would no longer be required to
consult with the Service under section 7 of the Act if activities they
authorize, fund, or carry out may affect Ute ladies'-tresses.
There is no critical habitat designated for this species, so there
would be no effect to 50 CFR 17.96.
Post-Delisting Monitoring
Section 4(g)(1) of the Act requires us, in cooperation with the
States, to implement a monitoring program for not less than 5 years for
all species that have been recovered. Post-delisting monitoring (PDM)
refers to activities undertaken to verify that a species delisted due
to recovery remains secure from the risk of extinction after the
protections of the Act no longer apply. The primary goal of PDM is to
monitor the species to ensure that its status does not deteriorate, and
if a decline is detected, to take measures to halt the decline so that
proposing it as endangered or threatened is not again needed. If, at
any time during the monitoring period, data indicate that protective
status under the Act should be reinstated, we can initiate listing
procedures, including, if appropriate, emergency listing.
We have prepared a draft PDM plan for Ute ladies'-tresses. The
draft PDM plan: (1) summarizes the status of Ute ladies'-tresses at the
time of proposed delisting; (2) describes the frequency and duration of
monitoring; (3) discusses monitoring methods and potential sampling
regimes; (4) defines what potential triggers will be evaluated to
address the need for additional monitoring; (5) outlines reporting
requirements and procedures; (6) proposes a schedule for implementing
the PDM plan; and (7) defines responsibilities. It is our intent to
work with our partners towards maintaining the recovered status of Ute
ladies'-tresses. We appreciate any information on what should be
included in post-delisting monitoring strategies for this species (see
Information Requested, above).
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
Government-to-Government Relationship With Tribes
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 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with federally recognized
Tribes on a government-to-government basis. In accordance with
Secretary's 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
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. We notified and invited the following
Tribes to participate in the SSA process and to provide information at
the beginning of the SSA process: Shoshone-Bannock Tribes, Eastern
Shoshone Tribe, Confederated Salish and Kootenai Tribes, Blackfeet
Nation, Ute Tribe of the Uintah and Ouray Reservation, Confederated
Tribes of the Colville Reservation, and Confederated Tribes and Bands
of the Yakama Nation. We did not receive a response from any Tribe. We
will continue to work with Tribal entities during the development of a
final delisting determination for Ute ladies'-tresses.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at https://www.regulations.gov and upon request from
the Utah Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Fish and Wildlife Service's Species Assessment Team and the Utah
Ecological Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Signing Authority
Martha Williams, Director of the U.S. Fish and Wildlife Service,
approved this action on November 18, 2024. Acting Director Steve
Guertin approved these packages December 15, 2024. On December 16,
2024, the acting Director authorized the undersigned to sign the
document electronically and submit it to the Office of the Federal
Register for publication as an official document of the U.S. Fish and
Wildlife Service.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
[[Page 1078]]
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless
otherwise noted.
Sec. 17.12 [Amended]
0
2. In 17.12, in paragraph (h), amend the List of Endangered and
Threatened Plants by removing the entry for ``Spiranthes diluvialis''
under FLOWERING PLANTS.
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk
Management, and Analytics of the Joint Administrative Operations, U.S.
Fish and Wildlife Service.
[FR Doc. 2024-30380 Filed 1-6-25; 8:45 am]
BILLING CODE 4333-15-P