A thorough review of the taxonomy, range and distribution, life history, and ecology of the Chapin Mesa milkvetch is presented in the SSA report (Service 2018, pp. These activities could introduce or open habitat up for nonnative, invasive plant species that compete with Chapin Mesa milkvetch for space and nutrients. We will schedule public hearings on this proposal, if any are requested, and announce the dates, times, and places of those hearings, as well as how to obtain reasonable accommodations, in the Federal Register and local newspapers at least 15 days before the hearing. The OFR/GPO partnership is committed to presenting accurate and reliable Such designation does not require implementation of restoration, recovery, or enhancement measures by non-Federal landowners. More information and documentation can be found in our A federalism summary impact statement is not required. In addition, pursuant to section 6 of the Act, the State of Colorado would be eligible for Federal funds to implement management actions that promote the protection or recovery of the Chapin Mesa milkvetch. We incorporated these comments into the SSA report, which can be found at http://www.regulations.gov under Docket No. As noted in the legislative history when the Act was initially enacted, once an animal is on the threatened list, the Secretary has an almost infinite number of options available to him with regard to the permitted activities for those species. The primary purpose of the Act is the conservation of endangered and threatened species and the ecosystems upon which they depend. We have proposed designating critical habitat in accordance with the provisions of the Act. On August 18, 2009, we published our finding that the petition presented substantial information to indicate that listing the Chapin Mesa milkvetch (then known as Schmoll's milkvetch) may be warranted based on threats from fire, nonnative species invasions, road construction, grazing, and drought (74 FR 41649). If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency (action agency) must enter into consultation with us. A thorough account of the ecological needs of the Chapin Mesa milkvetch can be found in the SSA report (Service 2018, chapter 2), and is briefly summarized here in the context of the physical or biological features that are essential to the conservation of the species. 16 U.S.C. Invasive, nonnative plants compete with Chapin Mesa milkvetch for space, nutrients, and water, and their invasion has been facilitated by the increased frequency of burns, as well as the creation of fire breaks, that has occurred within Chapin Mesa milkvetch habitat (CNHP 2006, p. 4). Administrative costs include the additional effort from the Service and the federal action agency to consider critical habitat for Chapin Mesa milkvetch in a section 7 consultation that already considers the presence of Chapin Mesa milkvetch. 81330, Download the official NPS app before your next visit. FWS-R6-ES-2018-0055). On March 19, 2008, WildEarth Guardians filed a complaint (1:08-CV-472-CKK) indicating that the Service failed to comply with its mandatory duty to make a preliminary 90-day finding on their two multiple species petitionsone for the Mountain-Prairie Region, and one for the Southwest Region (WildEarth Guardians v. Kempthorne 2008, case 1:08-CV-472-CKK). Flowers are yellowish-white or cream colored, and 12 to 13 cm long with bracts that extend under the flower that have black hairs. Chapin Mesa milkvetch is found in both old-growth and recent lightly burned pinyon-juniper woodlands. Federal action for the Chapin Mesa milkvetch (then known by the common name Schmoll's milkvetch) began as a result of section 12 of the Act, which directed the Secretary of the Smithsonian Institution to prepare a report on plants considered to be endangered, threatened, or extinct in the United States. We do the driving for you. Recovery plans also establish a framework for agencies to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. Based on the best available information, the following actions are unlikely to result in a violation of section 9, if these activities are carried out in accordance with existing regulations and permit requirements; this list is not comprehensive: (1) Normal nonnative, invasive species control practices, such as herbicide use, which are carried out in accordance with any existing regulations, permit and label requirements, and best management practices; (3) Additional surveys to understand the extent of occupied habitat. As described in the SSA Report (Service 2018, p. 4), the species' global distribution is constrained almost entirely to Chapin Mesa in southern Colorado, with some outlying subunits on neighboring Park Mesa and West Chapin Spur (Rondeau 2017, p. 1). [FR Doc. We do not believe this proposed rule is an E.O. Moreover, Federal agencies are not small entities. To assist the public in understanding the habitat needs of the species, the rule identifies the elements of physical or biological features essential to the conservation of the species. In summary, we conclude that the proposed critical habitat designation for Chapin Mesa milkvetch is unlikely to generate incremental costs exceeding $100 million in a single year. Additionally, the SSA report contains our analysis of required habitat and the existing conditions of that habitat. Mesa Verde National Park Family This is the nicest and largest picnic area in the park. We intend to give strong consideration to exclusion of proposed critical habitat unit 4 from our final critical habitat determination. Website and content 2023 Camera & a Canvas, Smoke in the Mountains Wildfires in Montana and Canada 2017. We then identify which conservation efforts may be the result of the species being listed under the Act versus those attributed solely to the designation of critical habitat for this particular species. There is currently no imminent threat of take attributed to collection or vandalism identified under Factor B for this species, and identification and mapping of critical habitat is not expected to initiate any such threat. (6) Unit 1: Chapin Mesa, Montezuma County, Colorado. Spring and winter (snow) precipitation that is greater than 25 percent below the 30-year average (1971-2000) (i.e., greater than 3.24 inches and 3.46 inches, respectively) provides appropriate soil moisture for the Chapin Mesa milkvetch. 09/16/2020 at 8:45 am. 3(B)(4)) to the Order also states, Critical habitat shall not be designated in such areas unless it is determined essential to conserve a listed species. Using the criteria found in Criteria Used To Identify Critical Habitat, we have determined that the area proposed for designation on Tribal lands is occupied and contains the physical or biological features essential to the conservation of the species. Please note that submissions merely stating support for or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered or a threatened species must be made solely on the basis of the best scientific and commercial data available.. The coordinates or plot points or both from which the maps are generated are included in the administrative record for this critical habitat designation and are available at http://www.regulations.gov under Docket No. 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. We do not have percent cover information on other invasive species within Chapin Mesa milkvetch habitat at this time. Space for pollinators: Chapin Mesa milkvetch requires pollination by insects to set fruit; flowers require a strong insect for pollination because the insect must force itself between the petals of the papilionaceous flowers (Green 2012, p. 2). 3d, 946, 959 (D. Ariz. 2017). It has about 40 tables under shade trees and a great view into Spruce Canyon, as well as flush toilets. The museum is located on Chapin Mesa, 20 miles from the park entrance. Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection on http://www.regulations.gov,, or by appointment, during normal business hours, at the U.S. Register documents. This feature is not available for this document. This large area of habitat (1,265 acres (512 hectares)) and good conditions in this subunit likely provide the Chapin Mesa milkvetch some ability to currently withstand stochastic events, such as drought, that are within the normal range of yearly variation, and to complete its life cycle. 36-38)): We evaluated each of these scenarios in terms of how it would be expected to impact resiliency, redundancy, and representation of the species by the year 2035. (1) Prohibitions. Federal Register provide legal notice to the public and judicial notice Section 4(b)(2) of the Act and its implementing regulations require that we consider the economic impact that may result from a designation of critical habitat. Chapin Mesa Archeological Museum - Wikipedia Such activities could include, but are not limited to, road maintenance, recreation or maintenance of recreational trails, wildfire and fuels reduction activities, development of infrastructure, infrastructure maintenance, weed management activities, and livestock removal activities (as a result of trespass issues from cattle and wild horses). On July 1, 1975, the Service published in the Federal Register (40 FR 27824) our acceptance of the Smithsonian report as a petition within the context of the Act, giving notice of our intention to review the status of the plant taxa therein. Critical habitat shall be designated, to the maximum extent prudent and determinable, for any species determined to be an endangered or threatened species under the Act. This is consistent with the courts' holdings in Desert Survivors v. Department of the Interior, No. Since that time, we have reassessed the status of the species annually through the CNOR process. We began by conducting a screening analysis of the proposed designation of critical habitat in order to focus our analysis on the key factors that are likely to result in incremental economic impacts. 2006, p. 1). Climate requirements for seedling emergence and survival are not well known; however, we infer that spring moisture is also critical, as seedling survival relies on growing deep roots quickly (Rondeau 2017, p. 9). Such activities could include, but are not limited to, post fire seeding activities or weed management activities. 299-306); (2) specific elevation ranges of 7,090-7,411 ft (2,161-2,259 m) and 6,952-7,126 ft (2,119-2,172 m), respectively, that are within the elevation ranges occupied by the species; and (3) vegetation type. (2) Factors that may affect the continued existence of the species, which may include habitat modification or destruction, overutilization, disease, predation, the inadequacy of existing regulatory mechanisms, or other natural or manmade factors. As a result of section 7 consultation, we document compliance with the requirements of section 7(a)(2) through our issuance of: (1) A concurrence letter for Federal actions that may affect, but are not likely to adversely affect, listed species or critical habitat; or. 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. Theres so much history here! 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. We evaluated each potential stressor, including its source, affected resources, exposure, immediacy, geographic scope, magnitude, and impacts on individuals and populations, and our level of certainty regarding this information, to determine which stressors were likely to be drivers of the species' current condition (Service 2018, Appendix A). Additionally, we invite you to submit any new information on this species whenever it becomes available and any information you may have for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT). This whole area of Southwest Colorado is full of archaeological history. Document page views are updated periodically throughout the day and are cumulative counts for this document. The maps in this entry, as modified by any accompanying regulatory text, establish the boundaries of the critical habitat designation. In accordance with the Act and our implementing regulations at 50 CFR 424.12(b), we review available information pertaining to the habitat requirements of the species and identify specific areas within the geographical area occupied by the species at the time of listing and any specific areas outside the geographical area occupied by the species to be considered for designation as critical habitat. Federal Register. Management activities that could help ameliorate these threats include, but are not limited to, invasive species management; fuels reduction and thinning; and timing restrictions on these activities, as well as habitat restoration projects. We sought comments from independent specialists on our SSA report for the Chapin Mesa milkvetch to ensure that we base our listing determination and critical habitat proposal on scientifically sound data, assumptions, and analyses. We consider any proposed unit occupied if the plant occurs within the unit. Any such lands inadvertently left inside critical habitat boundaries shown on the maps of this proposed rule have been excluded by text in the proposed rule and are not proposed for designation as critical habitat. provide legal notice to the public or judicial notice to the courts. About Us. Except as provided under paragraph (c)(2) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or cause to be committed, any of the following acts in regard to this species: (i) Remove and reduce to possession from areas under Federal jurisdiction, as set forth at 17.61(c)(1) for endangered plants. After evaluating threats to the species and assessing the cumulative effect of the threats under the section 4(a)(1) factors, we find that the increased frequency of large, high-intensity wildfires (Factor A); the increasing presence of invasive, nonnative plants, especially cheatgrass (Factor A); and the interaction between these elements put Chapin Mesa milkvetch at risk of extinction throughout its range in the foreseeable future due to its limited redundancy. (10) Information on the extent to which the description of probable economic impacts in the draft economic analysis is a reasonable estimate of the likely economic impacts. This table of contents is a navigational tool, processed from the Climate: As discussed above, spring and winter (snow) precipitation that is greater than 25 percent below the 30-year average (1971-2000) (i.e., greater than 3.24 inches and 3.46 inches, respectively) provides appropriate soil moisture for the Chapin Mesa milkvetch. corresponding official PDF file on govinfo.gov. (ii) Maliciously damage or destroy the species on any areas under Federal jurisdiction, or remove, cut, dig up, or damage or destroy the species on any other area in knowing violation of any State law or regulation or in the course of any violation of a State criminal trespass law, as set forth at section 9(a)(2)(B) of the Act. Questions regarding whether specific activities would constitute a violation of section 9 of the Act should be directed to the Colorado Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT). Federal agency actions within the species' habitat that may require conference or consultation or both as described in the preceding paragraph include management and any other landscape-altering activities on Federal lands administered by the National Park Service (Mesa Verde National Park). The high potential for a future catastrophic event that could affect all or a large portion of the species' range puts the Chapin Mesa milkvetch at increased risk of extinction in the foreseeable future. 25, 30). In particular, the screening analysis considers baseline costs (i.e., absent critical habitat designation) and includes probable economic impacts where land and water use may be subject to conservation plans, land management plans, best management practices, or regulations that would protect the habitat area as a result of the Federal listing status of the species. . Consistent with the E.O. (E) Other natural or manmade factors affecting its continued existence. If there is more time, another day can be spent on Chapin Mesa by doing the Petroglyph Point Trail and spending some time wandering through the Far View site and visiting Cedar Tree Tower. For example, courts have approved rules developed under section 4(d) that include a taking prohibition for threatened wildlife, or include a limited taking prohibition. Mesa Verde National Park is a great way to see a lot of it. For example, physical features might include gravel of a particular size required for spawning, alkali soil for seed germination, protective cover for migration, or susceptibility to flooding Start Printed Page 58234or fire that maintains necessary early-successional habitat characteristics. 24-26). Implementation of recovery actions generally requires the participation of a broad range of partners, including other Federal agencies, States, Tribes, nongovernmental organizations, businesses, and private landowners. Unit 4 consists of 1,141 ac (462 ha) on the southern end of Chapin Mesa that is within the Ute Mountain Ute Tribal Park. Mesa Verde National Park, . to the courts under 44 U.S.C. We incorporate the cumulative effects into our SSA analysis when we characterize the current and future condition of the species. Courts have also approved 4(d) rules that do not address all of the threats a species faces. Only official editions of the My first glimpse of the ancient cliff dwellings was Square Tower House. (4) Critical habitat map units. 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. Chapin Mesa milkvetch plants emerge in early spring and usually begin flowering in late April or early May. Given the increasing prevalence of nonnative, invasive species such as cheatgrass, and climate change projections, the frequency and intensity of fires is expected to increase in the future. Although regular monitoring has occurred in Mesa Verde National Park since 2001 in established monitoring plots, the demography plots do not represent a random sample, and cannot be used to estimate population size or overall population density (Service 2018, p. 4). There is also Spruce Canyon Trail & Petroglyph Point Trail, each 2.4mi/3.9km if youd like to go hiking. Chapin Mesa milkvetch is sparsely distributed throughout this unit; this unit contains the physical or biological features essential to the conservation of the species. Features may include habitat characteristics that support ephemeral or dynamic habitat conditions. If our analysis indicates that the benefits of exclusion outweigh the benefits of inclusion, we then determine whether exclusion would result in extinction of the species. In other words, the foreseeable future is the period of time in which we can make reliable predictions. Yeah its incredible! At the time of enactment, these entitlement programs were: Medicaid; Aid to Families with Dependent Children work programs; Child Nutrition; Food Stamps; Social Services Block Grants; Vocational Rehabilitation State Grants; Foster Care, Adoption Assistance, and Independent Living; Family Support Welfare Services; and Child Support Enforcement. Five large, high-intensity fires in the last two decades have occurred mostly in Mesa Verde National Park and a large portion of the adjacent Mesa Verde cuesta (i.e., long, sloping ridge) (Floyd et al. Chapin Mesa milkvetch is distributed throughout this unit; this unit contains the physical or biological features essential to the conservation of the species. 19, 23). This is so cool! Regulations governing permits are codified at 50 CFR 17.72. Photo: Ken Lund, CC BY-SA 2.0. 12866; however, the Office of Information and Regulatory Affairs has waived their review regarding their E.O. FWS-R6-ES-2018-0055 and at the field office responsible for this designation. Additional information sources may include any generalized conservation strategy, criteria, or outline that may have been developed for the species; the recovery plan for the species; articles in peer-reviewed journals; conservation plans developed by States and counties; scientific status surveys and studies; biological assessments; other unpublished materials; or experts' opinions or personal knowledge. Sites to See on Chapin Mesa in Mesa Verde National Park This rule does not contain any new collections of information that require approval by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. To assess the probable economic impacts of a designation, we must first evaluate specific land and water uses or activities and projects that may occur in the area of the critical habitat. Why Guests Choose to Take a Private Tour It's a customized experience. Notice on the way there the scenery becomes quite desolate looking at times with hundreds of dead trees all around from fires that erupt on the mesa top. 12-13). In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12(b), in determining which areas within the geographical area occupied by the species at the time of listing to designate as critical habitat, we consider the physical or biological features that are essential to the conservation of the species and which may require special management considerations or protection. edition of the Federal Register. Theres a lot more in CO than just the famous Rocky Mountains too! The Chapin Mesa Archeological Museum is one of the oldest in the National Park Service. The main Visitors Center is also where you need to go if you want to get tickets for any of the guided tours of the cliff dwellings. Intact native understory is comprised of four components: Biological soil crust, native wildflowers, bare ground, and duff (dead plant material). 2020-19481 Filed 9-16-20; 8:45 am]. 3206 explicitly recognizes the right of Tribes to participate fully in the listing process, including designation of critical habitat. establishing the XML-based Federal Register as an ACFR-sanctioned When designating critical habitat, the Secretary will first evaluate areas occupied by the species. Northwestern Clinic - MESA that agencies use to create their documents. (13) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments.
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