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DEPARTMENT OF THE INTERIOR

Veterans Affairs Department

CFR Citation: 50 CFR Part 17

RIN ID: RIN 1018-AT91

NOTICE: Part II

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Fender's Blue Butterfly (Icaricia icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's Lupine), and Erigeron decumbens var. decumbens (Willamette Daisy).

DATES: We will accept comments from all interested parties until January 3, 2006. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by December 19, 2005.

DOCUMENT SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the Fender's blue butterfly (Icaricia icarioides fenderi), and two plants, Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens (Willamette daisy) pursuant to the Endangered Species Act of 1973, as amended (Act). We are proposing to designate 3,089 acres (ac) (1,250 hectares (ha) as critical habitat for Fender's blue butterfly, 724 ac (293 ha) as critical habitat for L. sulphureus ssp. kincaidii, and 718 ac (291 ha) as critical habitat for E. decumbens var. decumbens. The proposed critical habitat is located in Polk, Benton, Yamhill, Lane, Marion, Linn, and Douglas Counties, Oregon, and Lewis County, Washington.

SUMMARY: Interior Department, Fish and Wildlife Service,

SUPPLEMENTAL INFORMATION

Public Comments Solicited

We intend that any final action resulting from this proposal will be as accurate and as effective as possible. Therefore, comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule are hereby solicited. Comments particularly are sought concerning:
(1) The reasons any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act, including whether the benefit of designation will outweigh any threats to the species due to designation;
(2) Specific information on the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens and its habitat, and which habitat or habitat components (i.e., physical and biological features) are essential to the conservation such as soil moisture gradient, microsite preferences, light requirements; (3) Specific information on the amount and distribution of the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens habitat; what areas should be included in the designations that were occupied at the time of listing and contain the features that are essential to the conservation of the species and why; specific information is also sought on what areas that were not occupied at the time of listing are essential to the conservation of the species and why;
(4) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat; we specifically solicit information including:
(a) The benefits provided by a management plan; specifically describe how the plan addresses each primary constituent element (PCE) in the absence of designated critical habitat; describe conservation benefits to Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii or Erigeron decumbens var. decumbens; include citations that point to the certainity of implementation of those aspects of the management plans (see the Special Management Considerations or Protections section below);
(b) The benefits of excluding from the critical habitat designation the areas covered by the plan; we are especially interested in knowing how partnerships may be positively or negatively affected by a designation, or through exclusion from critical habitat, and costs associated with designation;
(c) With specific reference to the recent amendments to sections 4(a)(3) and 4(b)(2) of the Act, we request information from the Department of Defense to assist the Secretary of the Interior in making a determination as to whether to exclude critical habitat on lands administered by or under the control of the Department of Defense based on the benefit of an Integrated Natural Resources Management Plan (INRMP) to the conservation of the species;
(5) Any foreseeable economic, national security, or other potential impacts resulting from the proposed designation and, in particular, any impacts on small entities; and
(6) Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments.

If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods (see ADDRESSES section). Please submit Internet comments to fw1willamettech@fws.gov in ASCII file format and avoid the use of special characters or any form of encryption. Please also include ``RIN 1018AT91'' in your email subject header and your name and return address in the body of your message. If you do not receive a confirmation from the system that we have received your Internet message, contact us directly (see ADDRESSES). Please note that the Internet address
fw1willamettech@fws.gov will be unavailable at the termination of the public comment period.

Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the rulemaking record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the
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rulemaking record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comments. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. Designation of Critical Habitat Provides Little Additional Protection to Species

In 30 years of implementing the Act, the Service has found that the designation of statutory critical habitat provides little additional protection to most listed species, while consuming significant amounts of available conservation resources. The Service's present system for designating critical habitat has evolved since its original statutory prescription into a process that provides little real conservation benefit, is driven by litigation and the courts rather than biology, limits our ability to fully evaluate the science involved, consumes enormous agency resources, and imposes huge social and economic costs. The Service believes that additional agency discretion would allow our focus to return to those actions that provide the greatest benefit to the species most in need of protection.
Role of Critical Habitat in Actual Practice of Administering and Implementing the Act

While attention to and protection of habitat is paramount to successful conservation actions, we have consistently found that, in most circumstances, the designation of critical habitat is of little additional value for most listed species, yet it consumes large amounts of conservation resources. Sidle (1987) stated, ``Because the Act can protect species with and without critical habitat designation, critical habitat designation may be redundant to the other consultation requirements of section 7.'' Currently, only 470 species or 37.5 percent of the 1,253 listed species in the U.S. under the jurisdiction of the Service have designated critical habitat.

We address the habitat needs of all 1,253 listed species through conservation mechanisms such as listing, section 7 consultations, the Section 4 recovery planning process, the Section 9 protective prohibitions of unauthorized take, Section 6 funding to the States, and the Section 10 incidental take permit process. The Service believes that it is these measures that may make the difference between conservation for many species.

We note, however, that a recent Ninth Circuit judicial opinion, Gifford Pinchot Task Force v. United States Fish and Wildlife Service, has invalidated the Service's regulation defining destruction or adverse modification of critical habitat. In response, on December 9, 2004, the Director issued guidance to be considered in making section 7 adverse modification determinations. This critical habitat designation does not use the invalidated regulation in our consideration of critical habitat's benefits. The Service will carefully manage consultations that analyze impacts to designated critical habitat, particularly those that appear to be resulting in an adverse modification determination. Such consultations will be reviewed by the Regional Office prior to finalizing to ensure that an adequate analysis has been conducted that is informed by the Director's guidelines. Procedural and Resource Difficulties in Designating Critical Habitat

We have been inundated with lawsuits for our failure to designate critical habitat, and we face a growing number of lawsuits challenging critical habitat determinations once they are made. These lawsuits have subjected the Service to an everincreasing series of court orders and courtapproved settlement agreements, compliance with which now consumes nearly the entire listing program budget. This leaves the Service with little ability to prioritize its activities to direct scarce listing resources to the listing program actions with the most biologically urgent species conservation needs.

The consequence of the critical habitat litigation activity is that limited listing funds are used to defend active lawsuits, to respond to Notices of Intent (NOIs) to sue relative to critical habitat, and to comply with the growing number of adverse court orders. As a result, listing petition responses, the Service's own proposals to list critically imperiled species, and final listing determinations on existing proposals are all significantly delayed.

The accelerated schedules of court ordered designations have left the Service with almost no ability to provide for adequate public participation or to ensure a defectfree rulemaking process before making decisions on listing and critical habitat proposals due to the risks associated with noncompliance with judiciallyimposed deadlines. This in turn fosters a second round of litigation in which those who fear adverse impacts from critical habitat designations challenge those designations. The cycle of litigation appears endless, is very expensive, and in the final analysis provides relatively little additional protection to listed species.

The costs resulting from the designation include legal costs, the cost of preparation and publication of the designation, the analysis of the economic effects and the cost of requesting and responding to public comment, and in some cases the costs of compliance with the National Environmental Policy Act (NEPA). None of these costs result in any benefit to the species that is not already afforded by the protections of the Act enumerated earlier, and they directly reduce the funds available for direct and tangible conservation actions. Background

It is our intent to discuss those topics directly relevant to the designation of critical habitat in this proposed rule. For more information on the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens, refer to the final listing rule published in the Federal Register on January 25, 2000 (65 FR 3875). Provided below is a general overview of the habitat requirements and distribution of Fender's blue butterfly, L. sulphureus ssp. kincaidii and E. decumbens var. decumbens.

These species occur in wet prairie, upland prairie, and oak/savanna habitats (collectively referred to as prairie habitat) which were once widely distributed across western Oregon and southwestern Washington (Clark 1996; Schultz et al. 2003; Wilson et al. 2003). Various descriptions of prairie habitats have been published over the years and they usually vary in their division of communities and the dominant species present in each community (Jackson 1996). For the purposes of this document we describe two habitat types, wet and upland prairie, and we define these by describing the plant communities reported co occuring with the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens. Upland prairie (including oak savanna) habitat is characterized by shortgrass stature which is dominated by native bunch grasses and forbs, such as: Calochortus tolmiei (Cat's ear, Tolmie startulip), Danthonia californica (California oatgrass), Eriophyllum lanatum (common woolly sunflower, Oregon
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sunshine), Festuca romeri (Romer's fescue), and Fragaria virginiana (Virginia strawberry) (Wilson 1998a; Schultz et al. 2003; Wilson et al. 2003). Wet prairies are seasonally flooded ecosystems occurring on both poorly drained soil types and welldrained soils where shallow bedrock impedes drainage (Wilson 1998b). Although wet prairie soils dryout during typical summer droughts, they have soils with hydric characteristics that support facultative or obligate wetland plant species (Wilson 1998b) such as, Anthoxanthum odoratum (sweet vernalgrass), Deschampsia caespitosa (tufted hairgrass), Eriophyllum lanatum, and Lomatium bradshawii (Bradshaw's lomatium) (Clark et al. 1993; Wilson 1998b). The Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens, occur in prairie remnants with undisturbed (not disturbed in the last 10 years) subsoils (the layer of soil between the topsoil and bedrock) (Kagen and Yamamota 1987; USFWS 2003a; USFWS 2004a, 2004b).

Prairie habitat has been reduced to less than one percent of pre settlement distribution (Hammond and Wilson 1993), making the ecosystem among the most endangered in the United States (Noss et al. 1995). The decline in these habitats and their increased fragmentation have led to the decline of many native prairie plants and animals (Wilson 1998a, 1998b). The most noteworthy decline was that of Fender's blue butterfly, which was thought to be extinct for over 50 years before being rediscovered in Benton County, Oregon in the late 1980s (Schultz et al. 2003; Wilson et al. 2003).

Historically, prairie plant species, such as Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens, were scattered across the landscape in patches which were relatively close to each other (Jackson 1996; Schultz 1998; Severns 2003a). Today, few prairie habitat patches remain and most are threatened to varying degrees by the spread of exotic grasses and shrubs, and succession to forest (Hammond and Wilson 1993; Schultz et al. 2003; Wilson et al. 2003). As a result, many of the remaining populations of Fender's blue butterfly, L. sulphureus ssp. kincaidii, and E. decumbens var. decumbens are extremely small and isolated, further threatening the longterm persistence of these species (Jackson 1996; Schultz 1998; Schultz and Hammond 2003; Severns 2003a; Schultz et al. 2003).
Fender's blue butterfly and Lupinus sulphureus ssp. kincaidii

The Fender's blue butterfly and Lupinus sulphureus ssp. kincaidii populations occur on early seral (one stage in a sequential progression) upland prairie habitat with plant species including, but not limited to: Achillea millefolium (common yarrow), Aster hallii (Hall's aster), Brodiaea congesta (Brodiaea), Bromus carinatus (California brome), Calochortus tolmiei, Carex tumulicola (splitawn sedge), Cirsium callilepis (fewleaf thistle), Danthonia californica, Elymus glaucus (blue wildrye), Eriophyllum lanatum, Festuca californica (California fescue), Festuca roemeri, Fragaria virginiana, Geranium oreganum (Oregon geranium), Grindelia integrifolia (gumweed), Lomatium nudicaule (barestemmed desert parsley), Luzula campestris (wood rush), Prunella vulgaris (common selfheal), Sanicula crassicaulis (Pacific blacksnakeroot), Sidalcea virgata (rose checkermallow and dwarf checkerbloom), Silene hookeri (Hooker's silene), and Wyethia angustifolia (California compassplant). Many of these associated species are considered indicators for this habitat type (Schultz and Dlugosch 1999; Schultz 2001; Schultz et al. 2003; Wilson et al. 2003).

L. sulphureus ssp. kincaidii habitat is described as prairie or open areas, and this species is unable to survive prolonged periods of shade (Wilson et al. 2003). This plant is a lowgrowing herbaceous perennial with large individual plant clones (Wilson et al. 2003). Excavation efforts indicate that leaves 33 feet (10 m) or more apart can be interconnected by below ground stems, and the species is long lived with lateral growth rates suggesting that some plants could be several decades old (Wilson et al. 2003). L. sulphureus ssp. kincaidii clones are scattered in patches across the prairie habitat and intermixed with several other prairieassociated plant species.

Lupinus sulphureus ssp. kincaidii is the primary host plant for the Fender's blue butterfly and is utilized by the butterfly as a larval food source and for oviposition (laying eggs) (Schultz et al. 2003; Wilson et al. 2003). The Fender's blue butterfly habitat requirements include a larval host plant, native forbs for adult nectar sources, and a mixture of native grasses that help maintain the shortgrass stature of the upland prairies (Wilson et al. 1997; Schultz 2001) essential to the survival of these shade intolerant species (Wilson et al. 2003). Full sun conditions are necessary for adult butterflies to seek out nectar, search for a mate and disperse. The Fender's blue butterfly appears to have limited dispersal ability with most dispersing adults likely remaining within 1.2 miles (2 km) of their natal lupine patch (Schultz 1998). The maximum dispersal distance reported for the Fender's blue butterfly is 3.1 to 3.7 miles (5 to 6 km) (Hammond and Wilson 1992; Schultz 1998).

To simplify mapping efforts, Fender's blue butterfly occupancy has typically been recorded by simply reporting the location of occupied lupine patches (Schultz and Dlugosch 1999; Schultz 2001; Schultz et al. 2003). Adult butterflies utilize a variety of prairie species in addition to the lupine habitat. Species occurrence information reported in the final listing rule was calculated by reporting the estimated area covered by the lupine, which considerably underestimates the range of Fender's blue butterfly adults. For this proposed critical habitat designation, we have identified and report all known prairie habitat supporting Fender's blue butterfly populations, regardless of the presence or absence of lupine.

Fender's blue butterfly is currently found in 16 isolated populations comprising a total of approximately 3,388 ac (1,370 ha) of upland prairie habitat. The prairie habitat currently supporting this species is found in Yamhill, Polk, Benton, and Lane Counties, Oregon. Lupinus sulphureus ssp. kincaidii occurs in 76 upland prairie/savanna habitat patches, totaling approximately 1,150 ac (465 ha). The prairie habitat supporting this species is scattered across six counties (Lewis County, Washington, and Yamhill, Polk, Benton, Lane, and Douglas Counties, Oregon).

Erigeron decumbens var. decumbens

Erigeron decumbens var. decumbens grows in wet prairies occurring on relatively impermeable soils with plant species including, but not limited to: Anthoxanthum odoratum, Aster curtus (whitetop aster), Aster hallii (Hall's aster), Brodiaea coronaria (crown brodiaea), Camassia quamash (common camas), Danthonia californica (California oatgrass), Deschampsia caespitosa, Festuca arundinacea (tall fescue), Grindelia integrifolia (gumweed), Holcus lanatus (velvet grass), Horkelia congesta (Sierra horkelia), Saxifraga integrifolia (bog saxifrag), Lomatium bradshawii, Luzula campestris (wood rush), Panicum capillare (witchgrass), Potentilla gracilis (slender cinquefoil), Prunella vulgaris (common selfheal) and Sisyrinchium angustifolium (narrowleaf blueeyed grass) (Clark et al. 1993; Clark et al. [[Page 66495]]
1995a, 1995b; Jackson 1996; Clark 2000). Erigeron decumbens var. decumbens also grows in upland prairies as previously described (Clark et al. 1993; Clark et al. 1995a; Jackson 1996; Clark 2000).

Erigeron decumbens var. decumbens typically occurs where woody cover is nearly absent and where herbaceous vegetation cover is low in stature relative to the surrounding areas (Clark et al. 1993). Erigeron decumbens var. decumbens is a low growing (624 inches (1560 cm) herbaceous perennial occurring in clumps of genetically identical ramets (i.e., a vegetatively reproduced copy of the parent plant) that are typically patchy in distribution across the prairie habitat (Clark et al. 1993). These plants are intermixed with several associated species which are considered indicator species for the prairie habitat (Clark et al. 1993).

Erigeron decumbens var. decumbens occurs in 32 wet and upland prairie patches, totaling 1,193 ac (483 ha). This species currently occurs in Benton, Lane, Linn, Marion, and Polk Counties, Oregon.

The historic wide spread distribution of continuous prairie habitat allowed the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens to function as metapopulations (Jackson 1996; Schultz 1998; Schultz et al. 2003; and Severns 2003a). Currently, populations are mostly isolated from neighboring populations and interactions between them are thought to be rare events (Jackson 1996; Schultz 1998; Severns 2003a). Recovery of all three species will require reestablishment of functioning habitat networks that support multiple, connected populations (Kaye, in litt., 2005; Schultz et al. 2003; Severns 2003a). In this document we refer to these functioning habitat networks as metapopulations.

Previous Federal Actions

The Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens were listed on January 25, 2000. For more information on previous Federal actions concerning the Fender's blue butterfly, L. sulphureus ssp. kincaidii and E. decumbens var. decumbens, refer to the final listing rule published in the Federal Register on January 25, 2000 (65 FR 3875.)

On April 23, 2003, a complaint was filed against the Service (CV 03 513 JE (D. Or.)) for failure to designate critical habitat for the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens. In December 2003, a settlement agreement resulted in a schedule for the Service to submit a proposed critical habitat rule to the Federal Register by October 15, 2005, and a final rule by October 15, 2006.

Critical Habitat

Critical habitat is defined in section 3 of the Act as(i) The specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (I) essential to the conservation of the species and (II) that may require special management considerations or protection; and (ii) specific areas outside the geographic area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. ``Conservation'' means the use of all methods and procedures that are necessary to bring an endangered or a threatened species to the point at which listing under the Act is no longer necessary.

Critical habitat receives protection under section 7 of the Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded, or authorized by a Federal agency. Section 7 requires consultation on Federal actions that are likely to result in the destruction or adverse modification of critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation does not allow government or public access to private lands.

To be included in a critical habitat designation, the habitat within the area occupied by the species at the time of listing must first have features that are ``essential to the conservation of the species.'' Critical habitat designations identify, to the extent known using the best scientific and commercial data available, habitat areas that provide essential life cycle needs of the species (i.e., areas on which are found the primary constituent elements, as defined at 50 CFR 424.12(b)).

Habitat occupied at the time of listing may be included in critical habitat only if the essential features thereon may require special management or protection. Thus, we do not include areas where existing management is sufficient to conserve the species; as discussed below, such areas may also be excluded from critical habitat pursuant to section 4(b)(2). Specific areas outside the geographical area occupied by the species at the time it is listed may be designated as critical habitat, in accordance with the provisions of section 4 of the Act, upon a determination by the Secretary that such features are essential for the conservation of the species.

The Service's Policy on Information Standards Under the Endangered Species Act, published in the Federal Register on July 1, 1994 (59 FR 34271), and Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106554; H.R. 5658) and the associated Information Quality Guidelines issued by the Service, provide criteria, establish procedures, and provide guidance to ensure that decisions made by the Service represent the best scientific and commercial data available. They require Service biologists to the extent consistent with the Act and with the use of the best scientific and commercial data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat. When determining which areas are critical habitat, a primary source of information is generally the listing package for the species. Additional information sources include the recovery plan for the species, articles in peerreviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge. All information is used in accordance with the provisions of Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106554; H.R. 5658) and the associated Information Quality Guidelines issued by the Service.

Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available. Habitat is often dynamic, and species may move from one area to another over time. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that may eventually be determined to be necessary for the recovery of the species. For these reasons, critical habitat designations do not signal that habitat outside the designation is unimportant or may not be required for recovery. Most populations of Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens have not been studied well enough to determine how to restore functioning metapopulations in these highly fragmented prairie remnants. Although it is generally understood that recovery of remaining populations will involve expanding existing populations,
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increasing connectivity, and/or improving habitat quality (Clark et al. 1995b; Schultz et al. 2003; Severns 2003a; Wilson et al. 2003), additional information is needed to determine the most appropriate restoration design (Schultz et al. in prep.). Since each of the remaining populations occur in a unique habitat setting, habitat analyses will likely need to be completed to determine which lands are suitable for expanding populations, increasing connectivity, and reestablishing functioning metapopulations. For many populations of Fender's blue butterfly, L. sulphureus ssp. kincaidii and E. decumbens var. decumbens, we do not have the information necessary to specifically identify additional areas needed to increase connectivity between populations and establish larger metapopulations. If new information becomes available identifying additional features essential to the conservation of these species, we will reevaluate the critical habitat designation.

Areas that support populations, but are outside the critical habitat designation, will continue to be subject to conservation actions implemented under section 7(a)(1) of the Act and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of the best available information at the time of the action. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome. Methods

As required by section 4(b)(1)(A) of the Act, we use the best scientific and commercial data available in determining areas that contain the features that are essential to the conservation of the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens.

We have reviewed available information that pertains to the habitat requirements of these species and evaluated all known species locations using data from the following sources: Spatial data for known species locations from the Oregon Natural Heritage Information Center (ORNHIC 2004), Washington Natural Heritage Program (WNHP 2005), U.S. Army Corps of Engineers (Corps 2004), and Bureau of Land Management (BLM 2005); United States Geological Survey (USGS 2000) 1:24,000 scale 3.75 digital orthophotographic quarter quadrangle images; recent biological surveys and reports; sitespecific habitat evaluations (USFWS 2003a; USFWS 2004a, 2004b, 2004e); data in reports submitted during section 7 consultations and by biologists holding section 10(a)(1)(A) recovery permits; research published in peerreviewed articles and presented in academic theses or reports; recovery team meeting notes; and discussions with species experts. We are not proposing to designate areas outside the geographic area occupied by the species.

Primary Constituent Elements

In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, in determining which areas to propose as critical habitat, we are required to base critical habitat determinations on the best scientific and commercial data available and to consider those physical and biological features (primary constituent elements (PCEs)) that are essential to the conservation of the species, and that may require special management considerations and protection. These include, but are not limited to: Space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, and rearing (or development) of offspring; and habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. We are requesting specific information from the public on the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens and its habitat, and which habitat or habitat components (i.e., physical and biological features) are essential to the conservation and why.

The specific primary constituent elements required for the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens are derived from the biological needs of these species as described in the Background section of this proposal with specific requirements described below.
Space for Individual and Population Growth and Normal Behavior Fender's blue butterfly

Historically, the Willamette Valley was a mosaic of upland and wetland prairie, with lupine patches rarely more than 0.3 miles (0.5 km) apart, providing a high probability that the Fender's blue butterfly could disperse between patches (Schultz 1998). Habitat fragmentation has isolated the remaining populations of Fender's blue butterfly to such an extent that dispersal among suitable habitat patches is now likely a rare event (Schultz 1998) which increases the risk of inbreeding depression (Schultz et al. 2003). The rarity of host lupine patches and habitat fragmentation are the major ecological factors limiting reproduction, dispersal, and subsequent colonization of new habitat (Hammond and Wilson 1992, 1993; Hammond 1994; Schultz 1997a; Schultz and Dlugosch 1999).

Conservation recommendations for recovering the Fender's blue butterfly include having enough high quality habitat to maintain viable populations across the range of the species (Schultz et al. 2003). This will require habitat restoration to create new sites, expanding the size of existing sites and creating habitat networks that connect isolated populations (Schultz et al. 2003). The largest remaining Fender's blue butterfly populations generally occur in the largest, most connected prairie remnants currently supporting the species (USFWS 2004a, 2004e). Schultz et al. (2003) found that under current conditions, even these largest Fender's blue butterfly populations have a poor chance of survival over the next 100 years.

The three largest known butterfly populations occur on prairie remnants with estimated areas of 251 ac (102 ha), 55 ac (22 ha), and 31 ac (13 ha) (Hammond 2004; Fitzpatrick 2005; USFWS 2004a, 2004e, 2005), respectively. Although the prairie habitat supporting these populations is threatened to varying degrees by invasive species and woody succession, it also appears to have the highest diversity of native plant species. Large habitat patches tend to support higher native species diversity (Noss and Cooperrider 1994) and the Fender's blue butterfly depends on a diversity of native plant species for survival (Wilson et al. 1997).

To promote successful dispersal between lupine patches and reestablish functioning metapopulations, Fender's blue butterly will likely require steppingstones of lupine patches that are close enough together for dispersing butterflies to have a high probability of finding them (Schultz 1998). This conservation reserve strategy is superior to narrow linear corridors because Fender's blue butterfly flight patterns into nonlupine habitat make it unlikely
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they would stay in a narrow corridor (Schultz 1998). Reestablishing stepping stones of lupine habitat between existing populations increases the likelihood that dispersing individuals will move from one large lupine patch to the next (Schultz 1998). Lupine patches should be less than 0.6 mile (1 km) from their nearest neighbor (Schultz 1998; Schultz 2001; Schultz and Crone 2005) to restore functioning metapopulations for the Fender's blue butterfly and ensure the long term persistence of this species (Schultz et al. 2003).

Recovery of the Fender's blue butterfly will require ten functioning metapopulations that are distributed across the range of the species. All of the reserve metapopulations will need to consistently maintain a sufficient number of individuals and a minimum growth rate for 1015 consecutive years. In addition to the above draft criteria, three of the metapopulations will need to be larger (larger areal extent), functioning metapopulations (Schultz et al., in litt., 2005). The three areas with the highest likelihood of fostering large, functioning metapopulations are lands owned by The Nature Conservancy (TNC) in Eugene, Oregon, the Baskett Slough National Wildlife Refuge populations, and the areas currently supporting the Wren, Oregon, populations.

Lupinus sulphureus ssp. kincaidii

For many organisms that are patchily distributed, the minimum viable population will often depend on both the occupied and surrounding unoccupied habitat that is protected and managed for the species (Nunny and Campbell 1993). Plant populations often occupy only small regions of the available habitat at any one period, and this pattern is very relevant to their conservation (Menges 1991). The habitat between plant patches is often utilized for seedling establishment (Wilson 1998b) and, as such, may be necessary for the longterm perseverance of the species (Nunny and Campbell 1993).

Native upland prairies are lowgrowing plant communities dominated by bunchgrasses with open spaces occurring between plants (Wilson 1998a, 1998b). Spaces between bunchgrasses remain available for the vegetative spread of lupine and seedling establishment necessary for expanding population size and increasing population viability. In addition to providing space for population growth, larger prairie habitats provide opportunity for population expansion because the native grasses and forbs maintain the shortgrass prairie stature and provide the full sun conditions necessary for the species to grow and expand into surrounding habitat (Wilson 1998a).

Lupinus sulphureus ssp. kincaidii populations exhibit typical signs of inbreeding depression (a process that weakens plant fitness through repeated generations of inbreeding), such as low seed production, which is attributed to the small size and isolated nature of the species' current distribution (Severns 2003a; Wilson et al. 2003). Insect outcrossing pollination (the transfer of pollen from the flower of one plant to the flower of another plant of the same species) has been documented as necessary for successful seed production in L. sulphureus ssp. kincaidii (Wilson et al. 2003). Since L. sulphureus ssp. kincaidii is a long lived perennial that grows to more than 20 m in diameter, and observations suggest that lupine patches are either one individual or a few closely related individuals (Severns 2003a), successful outcrossing pollination will require large populations with many individuals or multiple plant patches of unrelated individuals that are functionally connected (i.e., they are in close enough proximity that pollinators will regularly move between the patches). The number of L. sulphureus ssp. kincaidii patches occurring within prairie remnants has been positively correlated with increased seed production, likely because larger populations have a higher density of floral displays and attract more pollinators (Severns 2003a). Since population size appears to be important for visibility to pollinators and the successful reproduction of L. sulphureus ssp. kincaidii, increasing the size of existing populations will play a role in recovering this species (Severns 2003a).

Habitat management recommendations for the conservation and recovery of Lupinus sulphureus ssp. kincaidii include expanding the size of existing populations by augmenting them with individuals from other plant populations (Severns 2003a). The prairie habitat occurring between existing lupine patches will be necessary to provide space for augmentations which is expected to reduce the effects of inbreeding depression. Smaller distances between plant patches increase the likelihood of outcrossing as insect pollinators more readily travel among nearby patches to transfer pollen between individual plants. The steppingstone reserve design recommended for Fender's blue butterfly will also benefit L. sulphureus ssp. kincaidii by increasing opportunity for pollen transfer between existing plant patches and allow current small populations to function together as larger ones (Severns 2003a; Wilson et al. 2003).

Draft recovery criteria for the Lupinus sulphureus ssp. kincaidii include having reserves established across the historic range of the species with populations larger than 0.25 ac (0.1 ha) of lupine cover and within 5 miles (8 km) of neighboring populations (Gisler et al., in litt., 2005). An areabased measurement is used for minimum patch size due to the difficulty of counting individual plants of this clonal species. The 5 mile (8 km) criterion is based on the estimated pollinating distance of the honeybee (Apis mellifera), which is the primary pollinator of this species (Gisler et al., in litt., 2005). These criteria are expected to promote larger functioning
metapopulations, with increased population sizes and genetic diversity, which in turn, promotes longterm population viability and species conservation.

Erigeron decumbens var. decumbens

Erigeron decumbens var. decumbens populations are currently vulnerable to inbreeding depression throughout their range because they occur in small, isolated habitat patches (Jackson 1996). Jackson (1996) documents that conservation plans for the wet prairie habitat must emphasize connections, corridors, and large areas of contiguous habitat. Clark et al. (1993) identified habitats critical for the conservation of E. decumbens var. decumbens and recommends protecting sites harboring large populations of native plants, prairie habitat providing physical links between E. decumbens var. decumbens populations, and potential sites for restoration in order to reduce the current threats to survival (Clark et al. 1993).

E. decumbens var. decumbens populations are typically distributed in clumps scattered across the prairie habitat and dispersed among other prairie indicator species (Clark et al. 1993). Larger prairie remnants are more likely to provide the conditions necessary to support population growth because the native species composition maintains the light and composition necessary for this species to persist and expand. Conservation measures documented as necessary for maintaining and increasing the few remaining populations of E. decumbens var. decumbens include promoting conditions for natural regeneration as well as possibly augmenting small populations with propagated
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individuals (Clark et al. 1995b). Open spaces between bunch grasses allow E. decumbens var. decumbens to expand within a habitat patch and larger prairie remnants provide the area necessary to use propagated individuals for population augmentation.

Draft recovery criteria for the Erigeron decumbens var. decumbens include the establishment of reserves comprised of populations larger than 200 plants and within 5 miles (8 km) of neighboring populations, across the historic range of the species (Robinson et al., in litt., 2005). E. decumbens var. decumbens population estimates are typically reported by counting plant clumps as individual plants and therefore, a minimum number of individuals has been identified in the draft recovery criteria (Robinson et al., in litt., 2005).

Food

The Fender's blue butterfly uses Lupinus sulphureus ssp. kincaidii, L. arbustus (spur lupine) and L. albicaulis (sicklekeeled lupine) as larval host plants. Adult Fender's blue butterflies require several forbs for nectar (Schultz and Dlugosch 1999; Schultz et al. 2003). Specific adult nectar sources include: Allium acuminatum (tapertip onion), Allium amplectans (narrowleaf onion), Calochortus tolmiei (Tolmie's mariposa lily), Eriophyllum lanatum (woolly sunflower), Sidalcea campestris (Meadow checkermallow), Sidalcea virgata (rose checkermallow), Vicia sativa (common vetch) and V. hirsuta (tiny vetch). These exotic vetches (V. sativa and V. hirsuta) are heavily used at many sites but they are considered a lower quality source of nectar (Schultz and Dlugosch 1999).

Light

As previously described, all three species are early seral and occur in open areas. Willamette Valley grasslands have been described as a mixture of wet and upland prairie, and oak/savanna habitat having a relatively open canopy cover (Altman et al. 2001; Chappell et al. 2001). These open areas were historically maintained by the indigenous people of the Willamette Valley who seasonally burned the land to facilitate hunting and gathering of food (Clark et al. 1995b; Clark 2000; Jackson 1996; Schultz et al. 2003; Wilson et al. 2003). The fires prevented the widespread abundance of woody species and maintained the openness needed for early seral species to persist (Jackson 1996; Schultz et al. 2003; Wilson et al. 2003). Change in this historic disturbance regime has allowed shrubs and trees to invade many prairies and oak/savannas.

Populations of Fender's blue butterfly and Lupinus sulphureus ssp. kincaidii historically occurring in the oak/savannas were probably the first to be lost to succession and development, with most of the remaining populations found in the valley floor prairies. L. sulphureus ssp. kincaidii and many of the Fender's blue butterfly nectar sources do not tolerate the decrease in available light that results from increased canopy closure as prairies gradually grow into woodlands in the absence of disturbance (Schultz et al. 2003). Erigeron decumbens var. decumbens typically occurs where woody cover is nearly absent and where herbaceous vegetation cover is low in stature relative to the surrounding areas (Clark et al. 1993).

Native Willamette Valley prairies are predominantly lowstature communities with most plant foliage occurring within 8 inches (20 cm) of the soil, but with flowering stalks of some of the grasses reaching up to 59 inches (150 cm) in height (Wilson 1998a, 1998b). Maintaining the stature of the prairie habitat that surrounds the patches of Lupinus sulphureus ssp. kincaidii and E. decumbens var. decumbens is essential for the conservation of not only the plants but also the Fender's blue butterfly (Schultz et al. 2003). The butterfly is more vigorous in the full sun of open habitats which provide conditions that promote nectaring and ovipositioning (Schultz et al. 2003).

Populations of Lupinus sulphureus ssp. kincaidii occurring in Douglas County, Oregon, have been documented occurring in atypical habitat for the species (Barnes 2004). The Douglas County populations are in wooded areas with canopy cover ranging from 50 to 80 percent (Barnes 2004) and dominated by species such as: Arbutus menziesii (Pacific madrone), Arctostaphylos columbiana (hairy manzanita), Calocedrus decurrens (incense cedar), Calochortus tolmiei (Cat's ear, Tolmie startulip), Canadanthus modestus (giant mountain aster), Ceanothus cuneatusa (buckbrush), Cerastium arvense (field chickweed), Cynosurus echinatus (bristly dogstail grass), Daucus carota (Queen Anne's Lace, wild carrot), Dichelostemma capitatum (bluedicks), Festuca californica (California fescue), Festuca roemeri (Roemer's fescue), Fragaria vesca (woodland strawberry), Hieracium albiflorum (white hawkweed), Holodiscus discolor (oceanspray), Lathyrus polyphyllus (leafy pea), Lonicera hispidula (pink honeysuckle), Pinus ponderosa (ponderosa pine), Pseudotsuga menziesii (Douglas fir, Doug fir), Quercus kelloggii (California black oak), Rubus ursinus (California blackberry), Sanicula crassicaulis (Pacific blacksnakeroot), Symphoricarpos albus (snowberry), Torilis arvensis (spreading hedgeparsley), Toxicodendron diversilobum (poison oak), Vicia americana (American vetch), and Whipplea modesta (common whipplea).

Moisture

Plant communities in prairie ecosystems vary mainly due to differences in moisture and these moisture differences are a result of elevation, slope, and soil permeability (Jackson 1996). The Willamette Valley prairies have been categorized into two habitat types, wet prairie and upland prairie (Jackson 1996). The wet prairie habitat is defined as areas of low relief, with poor drainage and hydric, clayey soils (Jackson 1996). This habitat type is dominated by bunchgrasses, most predominately Deschampsia caespitosa (Clark et al. 1993; Jackson 1996). Jackson (1996) describes the term upland prairie as ``misleading'' because this habitat largely occurs on the valley floor. A few upland prairie habitat patches occur on colluvium upland soils (Jackson 1996), but many occur on soils not considered upland, such as terraces, alluvium, and even floodplain soils (Clark et al. 1993; Jackson 1996; Wilson et al. 2003). Although many of the habitat patches supporting the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens occur on the valley floor, they have been characterized as ``upland prairies'' because of their drier conditions which are attributed to better draining soils or topography (Jackson 1996). This upland prairie habitat is typically characterized by the vegetation that thrives in these welldrained conditions (associated species previously identified) (Jackson 1996).

Erigeron decumbens var. decumbens grows in both wet and upland prairies. The populations occurring in wet prairies tend to occur in the driest portions of the wet prairie habitat. E. decumbens var. decumbens prefers the driest of habitats in which D. caespitosa can grow, and thus where D. caespitosa is sparse (Clark et al. 1993). Lupinus sulphureus ssp. kincaidii populations occur predominately in upland prairie habitat with a few occurring in the transitional areas between wet and upland prairie habitats. The Fender's blue butterfly largely occurs in upland prairies, however several adult nectar sources occur in wet prairies and are utilized by the butterfly when wet [[Page 66499]]
prairie patches are adjacent to lupine patches.
Reproduction

Fender's blue butterfly

Adult Fender's blue butterflies emerge in May and females lay their eggs on the underside of lupine leaves. The butterfly uses three lupine species as host plants for oviposition. A few weeks after oviposition, the eggs hatch and the larvae eat lupine leaves for a few weeks until the lupines senesce. After lupine senescence, the larvae enter an extended diapause which lasts until the following March. When the lupine plants resurface, the larvae emerge from the soil litter and begin eating the young lupine leaves until they pupate in midApril (Schultz et al. 2003). Adult females lay approximately 350 eggs (Schultz et al. 2003) over their estimated 15day lifespan. Of these eggs, approximately 1.5 will survive to adulthood, indicating that female fecundity is very low (Schultz 1998; Schultz et al. 2003).

Native prairie composition, including shortstature grasses, provides the full sun conditions required for Lupinus sulphureus ssp. kincaidii plants to produce an abundance of leaves for Fender's blue butterfly to lay eggs upon, whereas invasive species often cover the lupine leaves making it difficult for the butterfly to oviposition. Native nectar sources have been documented as higher quality adult food sources and butterfly populations dependent on low quality exotic vetches, may spend more of their limited adult flight time nectaring, and less time ovipositioning (Schultz and Dlugosch 1999).

Schultz and Crone (2001) found that Fender's blue butterfly population patterns are influcenced by habitat patch size via residence time of female butterflies, where butterflies emigrate from smaller patches more quickly than they do from larger patches. This directly influences the numbers and spatial distribution of eggs, and therefore the future number of butterflies. Because Fender's blue butterflies only live for approximately two weeks, a change in residence time by a day markedly influences the distribution of eggs.

Lupinus sulphureus ssp. kincaidii

Lupinus sulphureus ssp. kincaidii flowers possess a pump or piston arrangement for crosspollination by insects, as is common in other lupines (Knuth 1906; Kaye 1999). Pollination of L. sulphureus ssp. kincaidii appears to be carried out by bees visiting the flowers and the relatively small flowers attract only small bees (Wilson et al. 2003). Several bee species have been documented commonly visiting L. sulphureus ssp. kincaidii flowers, such as small bumblebees (Bombus mixtus and B. californicus), and the European honey bee (Apis mellifera). As described in Wilson et al. (2003), insect pollination appears to be critical for successful seed production in L. sulphureus ssp. kincaidii. The maturation of the flowers of L. sulphureus ssp. kincaidii promotes outcrossing pollination because of the way they mature from the bottom of the inflorescence to the top (Wilson et al. 2003).

Studies indicate that inbreeding depression may limit the seed set and seed fitness of smaller lupine populations (Severns 2003a; Wilson et al. 2003). Conserving Lupinus sulphureus ssp. kincaidii will likely require the outcrossing of populations by planting new individuals from different sources near existing populations and increasing pollinator connectivity between existing populations (Severns 2003a).

Erigeron decumbens var. decumbens

This species spreads vegetatively via rhizomes over short distances (about 4 inches (10 cm)) (Kaye 2000) and the plants often grow in clumps, making it difficult to distinguish individuals. Sexual reproduction is facilitated by insect pollination. Pollinators include species such as the field crescent butterfly (Phyciodes campestris), sweat bees (Halictidae spp.), and a syrphid fly (Toxomerous occidentalis) (Jackson 1996). Seeds are dispersed by wind but over very short distances (Clark et al. 1993). Research indicates that scarification stimulates germination but the mechanism for seed coat scarification (scoring of the seed coat) in the wild is unknown (Clark et al. 1995b). Germination of Erigeron decumbens var. decumbens seeds occurs mostly in April and May (Clark et al. 1995b). Flowering is concentrated in June and early July, and seeds are dispersed in mid to late July (Ingersoll et al. 1995).

Jackson (1996) reports that remaining populations of Erigeron decumbens var. decumbens may be experiencing reproductive difficulties because they are extremely small and isolated from one another. Gene flow between individuals of a sexuallyreproducing species is requisite for their persistence (Jackson 1996). Research results indicate that the E. decumbens var. decumbens is at risk of inbreeding depression (Jackson 1996). To reduce this risk and to conserve the species, it will likely be necessary to increase the number of habitat patches located in close proximity to one another such that functioning metapopulations are restored. This population arrangement provides increased opportunity for insects to carry pollen between individual plants and increases the likelihood of reproductive success of E. decumbens var. decumbens.
Areas Representative of the Historic Geographical and Ecological Distributions of a Species

Fender's blue butterfly

Conservation recommendations for the Fender's blue butterfly include having a reserve design with a minimum of two populations for each occupied county (eight total) so that a local backup is always available in case of site extirpations (Hammond and Wilson 1993). Draft recovery criteria for the Fender's blue butterfly include having ten Fender's blue butterfly metapopulations distributed across the historic range of the species before considering delisting (Schultz et al., in litt., 2005). By maintaining viable metapopulations across the species' range, the distribution would be wide enough to buffer the species from catastrophes that may occur in portions of its range (Schultz et al. 2003).

Recommendations for reserve design criteria for this species include preserving populations occurring under unique conditions as distinct ecological segregates (Hammond and Wilson 1993). Therefore, populations occurring in unique habitat conditions should be conserved across the range of the species, with a reserve design that provides ``backup'' populations occurring in the same unique habitat conditions. For example, a few unique Fender's blue butterfly populations occur on valley hillsides that appear to be stable climax grasslands due to the presence of deep, finetextured, selfmulching soils or xeric lithosols, while the vast majority of remaining sites occur on the valley floor under different habitat conditions (Hammond and Wilson 1993).

Lupinus sulphureus ssp. kincaidii

Lupinus sulphureus ssp. kincaidii populations in Douglas County, Oregon and Lewis County, Washington, represent the furthest southern and northern extent of the current range, respectively. These populations are highly disjunct and isolated from the Willamette Valley populations with approximately 81 miles (131 km) between the northernmost Willamette Valley population to the Lewis County, [[Page 66500]]
Washington population, and approximately 54 miles (87 km) separating Oregon's south Willamette Valley populations from the Douglas County populations.

The primary habitat for Lupinus sulphureus ssp. kincaidii is open upland prairie and meadow edges, often near oak trees with a relatively open canopy cover. Most of the Douglas County, Oregon, populations appear to tolerate more shaded habitat conditions with canopy cover of 50 to 80 percent (Barnes 2004). These plants are found in wooded areas dominated by Pseudotsuga menziesii (Douglasfir), Arbutus menziesii (Pacific madrone), and other trees and shrubs (Barnes 2004). Because these populations represent the southernmost extent of this species' range, they may be adapted to tolerate more extreme habitat and/or other environmental conditions. Therefore, conservation of L. sulphureus ssp. kincaidii populations across their current range will require recovery units in Lewis County, Washington and Douglas County, Oregon, in addition to recovery units in the Willamette Valley, Oregon (Gisler et al., in litt., 2005).

Erigeron decumbens var. decumbens

Erigeron decumbens var. decumbens occurs on wetland prairie dominated by Deschampsia caespitosa. It also occurs on a few upland prairie sites characterized by a mix of native and nonnative bunchgrasses (Jackson 1996; Clark 2000). Since this species occurs in both wet prairie and upland prairie habitat, conservation of representative populations in both of these habitat types is essential to the conservation of this species. As previously described, the long term persistence of small populations will likely depend on augmentation with propagated individuals (Clark et al. 1995b). Since there are very few surviving populations of E. decumbens var. decumbens and because they occur in both wet and upland prairie habitats, population augmentations must be sensitive to geographic variation in genotype and phynotype.

Although it may be possible to reestablish functioning metapopulations across the range of the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii, and Erigeron decumbens var. decumbens, it is highly unlikely that these metapopulations will ever be reconnected because of the distance between existing populations in an extremely fragmented landscape. Each metapopulation will therefore need to be independently viable, supporting multiple populations to reduce the risk of localized extinction.

With so few remaining populations of each of these species, losing any one of these populations through a natural or humancaused event will measurably increase the likelihood of extinction. For example, an accidental spraying of insecticide and/or herbicide on a Fender's blue butterfly and Lupinus sulphureus ssp. kincaidii population, could eliminate the entire population of one or both species. In December 2004, one of the core Fender's blue butterfly populations was significantly damaged by a herd of pigs that gained access into and rooted up a large area of occupied prairie habitat. Although the likelihood of such an event is variable and difficult to predict, the extant small populations are at high risk of extirpation if such an event were to occur.
Primary Constituents Elements for the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens

Based on our current knowledge of the life history, biology, and ecology of the species and the requirements of the habitat to sustain life history functions of the species, we have determined that the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens's primary constituent elements (PCEs) are:

The PCEs for Fender's blue butterfly are:
(1) Early seral upland prairie, oak savanna habitat with undisturbed subsoils that provides a mosaic of low growing grasses and forbs, and an absence of dense canopy vegetation allowing access to sunlight needed to seek nectar and search for mates;
(2) Larval hostplants: Lupinus sulphureus ssp. kincaidii, L. arbustus, or L. albicaulis;
(3) Adult nectar sources, such as: Allium acuminatum (tapertip onion), Allium amplectens (narrowleaf onion), Calochortus tolmiei (Tolmie's mariposa lilly), Camassia quamash (small camas), Cryptantha intermedia (clearwater cryptantha), Eriophyllum lanatum (wooly sunflower), Geranium oreganum (Oregon geranium), Iris tenax (toughleaf iris), Linum angustifolium (pale flax), Linum perenne (blue flax), Sidalcea campestris (Meadow checkermallow), Sidalcea virgata (rose checkermallow), Vicia cracca (bird vetch), V. sativa (common vetch) and V. hirsute (tiny vetch);
(4) Stepping stone habitat: Undeveloped open areas with the physical characteristics appropriate for supporting the shortstature prairie, oak/savanna plant community (well drained soils), within and between natal lupine patches (~1.2 miles (~2 km)), necessary for dispersal, connectivity, population growth, and, ultimately, viability.

The PCEs for Lupinus sulphureus ssp. kincaidii are: (1) Early seral upland prairie, oak savanna habitat with a mosaic of low growing grasses, forbs, and spaces to establish seedlings or new vegetative growth, with an absence of dense canopy vegetation providing sunlight for individual and population growth and reproduction and with undisturbed subsoils and proper moisture and protection from competitive invasive species.
(2) The presence of insect outcrossing pollinators, such as Bombus mixtus and B. californicus, with unrestricted movement between existing lupine patches, critical for successful lupine reproduction.

The PCE for Erigeron decumbens var. decumbens is: (1) Early seral upland prairie, oak savanna habitat with a mosaic of low growing grasses, forbs, and spaces to establish seedlings or new vegetative growth, with an absence of dense canopy vegetation providing sunlight for individual and population growth and reproduction and with undisturbed subsoils and proper moisture and protection from competitive invasive species.

Criteria Used To Identify Critical Habitat

We are proposing to designate critical habitat on lands that we have determined were occupied at the time of listing and contain the primary constituent elements for Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens. To identify areas of habitat containing the features essential for the conservation of all three species we selected areas that represent the current distribution of each species, are of sufficient quality (including size) to contribute to functioning metapopulations (which provide connectivity among core populations) or which represent unique ecological conditions. This approach is consistent with the general principles of conserving rare and endangered species and their habitats (Gilpin and Soule 1986; Goodman 1987a, 1987b; Stacey and Taper 1992; Lesica and Allendorf 1995; Falk et al. 1996; Fahrig 1997; Noss and Csuti 1997; Huxel and Hastings 1998; Redford and Richter 1999; Debinski and Holt 2000; Donaldson et al. 2002; Schultz et al. 2003; Wilson et al. 2003; Severns 2003a).

We selected areas across the current distribution of Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and
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Erigeron decumbens var. decumbens. Species protected across their range face a lower risk of extinction than those protected in portions of their range (Soule and Simberloff 1986). This fundamental tenet of conservation biology is reflected in the draft recovery criteria and other reports for the Fender's blue butterfly, Lupinus sulphureus ssp. kincaidii and Erigeron decumbens var. decumbens, which document the need for functioning metapopulations distributed across the current range of these species (Hammond and Wilson 1993; Schultz et al. 2003; Schultz et al., in litt., 2005; Gisler et al., in litt., 2005; Robinson et al., in litt., 2005).

We selected occupied areas exhibiting the highest quality habitat by evaluating the following factors for each known occurrence: The presence of prairie indicator species, amount of habitat degradation (exotic species and succession to shrubs and trees), population size, and available surrounding prairie habitat to support population growth. Specifically, we selected occupied prairie habitat rated as modera

FOR FURTHER INFORMATION CONTACT Kemper McMaster, Field Supervisor, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266 (telephone 503/2316179; facsimile 503/2316195).