Free Declaration - District Court of Federal Claims - federal

Case 1:04-cv-00786-SGB

Document 42-4

Filed 08/15/2008

Page 1 of 16

EXHIBIT 3

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Case 1:04-cv-00786-SGB

United St.ates Department of the Interior

e. e
Document 42-4
'FISIl AND WILDLIFE SERVICE .' POST OFFICE BOX 13Ó ALBUQUERQUE, N.M.87I03
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Filed 08/15/2008

Page 2 of 16

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l6R - FIRERES -

In Reply Refer To:

Region 2: SE

JUN 2 9 198
.- ,

~-.
ENG=. ~-Q
PERS- B&.F AS

M:r. Jim Abbott

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cf~;:;o~~.?1 ~~~~~: ::. - --,'.
r""

Lincoln National Fores t
U.S. Forest Service.

Forest Supervisor

~, - .I

-'

CS -

F1LE7J~

Federal Building
Dear:Mr. Abbott:

11th and New York Streets Alamogordo, New Mexico 58310

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-Enclosed 1s a copy of the final rule published in the June 16, 1987, Federa1 Register, which lists a plant, Cirsium vinaceum (Sacramento Mountains this tle), as endangered under the Endangered Species Act (Act) of 1973, as amended. Critical habitat was not designated. The effective date of this rule is July 16, 1987.

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Every effort should now be made to ensure the protection of this advise your staff--particularly those involved plant. Please iri the review of environmental impact doc~ments, and development projects--of this action and request that special consideration be given in any activities that may effect this species. Determination that this plant is endangered makes it eligible for protection under Section 7(a)(4) of the Act which requires Federal agencies to consult with the Service on actions that may affect

the species.. ..
erely you ,

We - have notifié4 the State of New Mexico, other appropriate agencies and interested parties. Questi~ns concerning this action should be referred to Peggy Olwell, Endangered Species
Botanist, Office of E~dangered Species. Region 2 (Federal

Tele-

communications System 474-3972 or 505/766- 72).

- \~.n -,.- i B . ..
(lt7: i . JaCK ~ Wr¡Ony

Cont A. Fj etland

Assistant Regional Director Fisheries and Federal Assistance
...--.....

----~

Enclosure

SG02222

Case 1:04-cv-00786-SGB
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Feteral Re~sler I Vol. 5" No. 115 I Tuesday. June 16, 198i I. Rules d l\lations

Document 42-4

Filed 08/15/2008

Page 3 of 16 223

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SW_ Room 4O. Albuquerque. New Mexico lù-i03
FOR FUER INI'ORMATION COHTAC'

Cirsjum viacium was IIclnded as a
category 1 species in a rese lit of

plants uner review for thale or

Pegg Olwell. Endangered Speces
Botanist. Regon2. U.S.

endanger classifcatin. publbbe in
. the December 15, 198 Feder ltlter

Fish and

WildHfe Servce. Offce of Endangered i Species. P.O, Box 1306. Albuquerque. .
New Mexico

(45 FR 82480). Category 1 compe: iwa
.for which the Servce pretl bas

50 CFR Part 17
Endangered 3nd Threatened \'1110111e
and Plant FIal Rule To Deterine

6703 (50S/ill397Z or FT

sufcient biological inomitia to
support their being prposed lobe Usted
al endangered or thrtened spes.

474-9iZ).
SUPPLEMENARY IHFORMAnON:

The E.oidànged Spees Act
Amendments of 1982 reui tht an
petiions pendig II of October 13. 1982

Clrsium Vlnaceum ,(Sacramento.
'~.' Mountains Thistle) To Be a Threatened

Backgrund
Cirsium vinaceum was firs collected

be treated as having be1n newly
submitted

Species .
Interior.

on July 12. 189. by E.O. Wooton and was duc:beå by Wooton and Standly
in 1913. Cirsium viaceum is a perennial
lhistli'thit groWl! 1-2 i'tel' (3.3

on that date. The speces .

lited in the Decer 15, 19. ACtica of
review were considered to be petioned.

ACENCY Fish and Wüdlie Servce

and the deadline for a f1dl Ql th
merits of those petitioned actos

ACTON: F"inal nile.
SUMMARY: The Serrce detenes a

feet) tall. The stems are purle and .
highy branched. The leaves are"up to SO.
centieters (20 inches) long and have

inudiag tht for Cirsium VUttJum
was October 13. 198. A f1dil was

plant. Cirium vinaceum (Sacrmento Mountains thistle). to be a threatened
species uner the authority contained in

deep. narrow. pointed lobes. The lobes

made. on October 13. 19 tht lig

on the leaf tip..ha~ short sJerder.

Cil$iii vinaceum was wate but
preuded py pedi IíUn acns. In

the Endangered Species Ac of 197. as amended. Crtical habitat was proposed but Is being withdrawn Th plant occurs in Otero County. New lvIeco. in
the Sacrto,Mountains. There are 20

yellòw spines. Flowe~g oc in July.
AiisuSl, and possibly into Septembei:

accrdance 'with section 4(bX3J(llilJ of

with many purle flower heads per plant. Some of th popuations now
occu Oiùy on steep cacium carbonate

th Act Suc a fiding reui a

reclg of the petitin. purt to.
secton 4(b)(3)(C1(ï) of the Ad 'I

known populatlolt. which contain a total of 10.00 to 15.0 sexuy
reproducing

deposits inmediately adjace..,t to
flowing sprigs. Th steep deposits

Serv oubl1shed a orooose ni to lit
'C,jrsium.vinaClum u a ihate

plants. Threats to. ths

provide adequate moist and lit

spec with crtical habitat OI May ie.
19M (49 FR Z05). which cated the

species ar habitat destrcton by Ih'etocX ~d water deelopment.
competition with intrduc plant

access of livestock to these plants On population is known frm the moist

next reui flOdi.

species roadconstrctionloggg, and
.reeational actvities. This acton

. ban of a stram and adjacent wet meadow.. an livestock trpling is a problem there. May of these plats

Summry of Coen and

RecdatioDi

unplemnts the prtection provided by
the Endangered Speces Act ' OATU The effective date of ths nie Is
July ie. 1987.

grw ~y in the stram The
domint ascited

. In th May 16, 198. propo ru (49
Fi 2.5) and associte ncti
submit faet reprt Dr Inorti

speces ar

Ponderosa'pine (Pinus ponderoa).
Dougls fi (Pseuåoúuga tiolia). New

all inteted pare: wer reue to
that might contrute to th cIpment
of a fil ru. Approprite Slta

Mexico locut (Robiia neomexica).
and Gambel's oak (Quercs aambeli).

. AOoReSes The complete fi for this

Cirsium via~ is foud at elevatins rue is available for inpecton. by . appointment. durg norm business . or Uro2.70 meter (1.8ZO feet)
hours at the Serce's Regional Offce of
Endangere Species. 500 Gold Avenue

.geie.. county loven Fed
othr interested pareswu CDtac:
an requested to coii~ A .

. agencies scentic oaiaitl an

---~)

(Mar and Hutc 19li Tod 19).

.SG02223

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Case 1:04-cv-00786-SGB
newspa per nolice was pu IS e 'tl. bdi' h d' In e

- -- --,;,' Document 42-4 ,_..- --. --_. , ...-...., gu.y, l'GvWd 16 Filed 08/15/2008 Page 4 of uuua ,'.
water immediatey below a:iopuJatlon
of Circium vinaceum would dr out th

, ,;

Alamogrdo Daily News on June 10. 19&. that invited general public comment. Eight comments were
reived and are discused belo~y. No

tt .~ '.
ar as follws

. ,

. soil :n the area or the water

developmeni Thrugh the proceses of
diffusion and grvity the potential exts
for water in the so to move fr the bigi, welter site Into the lowe, dner

Ustin!l proYisiOl of the Ac wer (ollowed A spedes may be deteed to be an endanger or thateed

'J

public bear.. was reuested or held.
Lett of support were reiv~d frm

-lpeu due to one or mo of th five factors descd In seon 4(1)().
. These factors and th IppllCition to

the New Mexico Natu Resoures Deoartent. the Interntional Union for
COIiseralion of

area thus cratig untable conåltlons

CIium vinacum Wooton an Stadly

Resour tha U.s Foret Servce. and Dr. T.K Todien (Pofessor Emerhis;
New Mexico State Univerity). Dr.

Natu and Natul

at tle upstram location Oi Cini The
Service believes wate development can
occu with the deta 'HOrked out on a

A. Th p1"SMt or tJta

casey-cse basis. .
. The Forest Servce requ~ted tht the

. detrction, modificetill or cuilment of its habitat ar rage CimUl'
vinace is mow oiùy fr th

Todsen also included inonntioion Cirsii; vinaceum sites observed in his 1978 iurey'and I'mmended the
Water Canyon site and the Silver Sprigs Canyon sile as important areas for Cirsium vinacaum. The Servce is
aware of al of these localitiei and will

prohibitig removal an reucon to posseiision of the plant !'m aru uncier Federal junsåictin not be implemented
because ths wouid impede I'ver

prsions of section 9(1)(0:) of

the Ac

Sacrento Mowta of southeaste .
New MeXico. The speces wi. hlstoncally known to oc a1q tl . moist bank of strams and in wet

meadows thghout th Sacrento

work towards their protecton though
the rever process.

activities. The Serce does nat agr thai implementation of section 9(a)(2) of

Mountain. The only populati now

the Ac would impee the reV!I"J
proces. The Act prodes for !suance
of 3 perit for collection oI planù for

known to grw in th ty of habitat Is located at the Liin Nationa ForetMescalero úian Reeration boundarJ. Al other known !,opuatil1 ar

The Forest Servce commented that
CI.-sf;.r; ~'ù¡aceu¡71 merits liti as

theatened. They recmmended clarification of the crtica habitat

scieaófic puroses or to enhance ile
propag3 tion or survval of the lited

reircteå to the ara arund spgs

section to reflect diat adverse moåifcation of crtical habitat wowd only occ when actins :iegatively
impacted areas occupied by the plant5
or the constituent eleme!its of crtical

plant. A permt for coilection of Ciium vir:aceiim may be obtained lrm the
Servce for reco'very actvities. The

fiowingJl"m limtone ro (Fetch.~

1978). Twenty populations ar known ,

with a total of 10.00l5 selly

Servce wiU work with the Forest
Service in'plannng and implementing

reproducing plants. MOIt of the .--

populatioiu are in the Licoln Natlo
Forest. and several ar 011 pnvate lands

habitat. The Servce upon reexamintion has clded that the la'1e crtical
habitat proposed is inappropriate and the proposed crtical habitat is being
'withdrawn (see "Critical Habit:i!" .

the revery proces. aiter th speces is
llsted. The Na tional Parl Service and Ute
Bureau of Land Management (BL'4) commented that this spcies is lIot

and the Mescalero lndiån ReseratiolL
This

plant is depndent on s¡ip or

streams. Reduction or real of this

water supply woud reduce or elate
the populations Water tUvelopment. as

.~ sectlon).
... The Forest Servce also pointed out

known to occ oa their lands The . Departent of the Ary commented
that ~the habitat of ths speci8l is not.
located with those stream reaches normally associate with Corps oi

that accurate counts of the plant's

th Forest Serv~ indicated in its . comment5 (see '"ummary of Coents and Recommendations'') is i potential
that to Cirsium vinac and its .

nuiber have not bee:i made. and that
the existing numòer is probably several limes larger than the estimate in the
proposaL The Servce realizes that the exact number of plants is unknown:

Engineers' water resoure
developments No signifcat interction wii.1¡ Water reou stuies or plans ii

habitat. The unauthori wate
development (installation of a l.foot

huwe\'er, the best data available st the
time of the proposal indicated z.
3.0 plants in 14 populations. The fial rule re£Iect5 the most currt inior:ation (~ populations with 10-

foreseen should this species be listed as
a threatened species and crtica habitat

pipeline and constrc:ion of a ceent water collection box) of i spring, whic

was habitat for CÙ$ium virrm. had
a detrmental effect on the involved

designated."
The Burau of

15.CO individual plants totai).
The Forest Service indicated that water development is a tp.iil iind
potential that to Cirsium viaceum,

the area proposed as cilical habitat would Ilot impact existig BR projects.

Recamation (BR) said

, population and it5 liabillt. Severl

populations occ at Bluf Spnngs an

BR has studied thee alterative dam
and reseroir Si!i:i and "the drinage

ara heaviy used by reeationisti. Ovenie for recration or any human.
the springs r::iuld hami the species.

caused deterioraticin of the ara around
Loggng actvities coul all impact th

but that the suggested limt on water

area studies included weste.ü porton¡ of the proposed crtica habitats" These
studies. however. were preli sitii lIdies. and no fuer studies have

populations an their associated babitat

development of SOD1.00 meters (1.64

lf plang does not iiui:e

3.2 feet) downtram frm Cfrsjum populations was somewiiat extrme .

been fwded to date. The Seia bas
noted th.

consideration of ths spees (Fetcher

because surace water is present only a

few hundrd faet downstram of Cirium populations The Foret St!rvce
als inicated that water can be .,

developed limediately below exstig

populations without aiec Ion; te
iiurval of th spedes. The 5eJice
agre

Speces After a thorogh reew an considertion of all inforation available. the Servce has dettmed
that Cirsium viiioceum should be

Sum of Factors Afectg th

is detrmental to Ciium viacæ

19). Ground dituan by livestock

The that frm livestock trlin may
be grater than previusly thugt as .

since th t1istle is slow to retabI1b i ts in dis tued aras (F e tc 1979).

II tht ~1. meteni may be

iiomewhat extreme but the Servce does

classifed as a tha leed spedes

evdend by the incrase in nuber of Cirium vinacum in the Bluf Sprigs
ara due 10 e:c1uslon of livesto and

Prceures fou at seon 4(1)(1) of
the Endagenid Speces Ac (18 U.S.c.
1531 et seq.) and regetion at 50 CF .

~_:~ wlih... hamú.ff_ ....v...j

not agr tht water ca be deeloped imediatey below extig populations

numbø of th Lus Cayon

as evidenced by the depletion iD. .

,Par ';24 promulgated to implemet the

population due to exceuive livutocl

use (Overy 19),

t
SG02224

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. I\ Case 1:04-cv-00786-SGB
Feleral Regster I Vol. 5

'0. '115 f Tuesday. June 16. 1987 t Rule

Document 42-4

Filed 08/15/2008 Page 5 of 16 Regulations .2235

The Bureau of Relamation has The area proposeò as crtical habitat againt certain practice Retion
, complete subappraisal.leve1 studies of . ínclüdéd 155 scuare mies

and thrug listing encouragn an reults In

. '. th potetil dam and reeroir site~' encompassed åreas: (1) Occupied by conservation actons by Feder State.

. mestic water supply. Developnt of constituent elements requi by the invidual$. The Endangere Spees

y of be utied for indusbial and to thtle. and (3) (2) tienal areas Act provides agenes. grPL and ; it would these sit.. might pon a that Cirsium vina~um,addI containig the and ¡invate for possible la

1984). No fuer studi however. have it to aàequately plan for an manage Slates and requis tht re

Cirsium vinaceum popultins (Olson reuested by the Foret Serce to alow acquisition and cooperatiOD with th
be fuded to date. ' . '. 'tl plant. Upon review of the commnts actons be carred out fo aIl1

recrtional 8c:.enâfic. or eductional lae ara included in the prosal to Servce followig litig. Th protecon
purpcse8. Plants may ociioiiy be accmmodate the Forest Servce's reui of Federa agencies an th

B. Oveniüliztion for commerial and other inormation in the record the spedes. Such acti ar intiate by th
ied. in par below. .

cut or trpled by recrtionits or man~geent needs caot be jued prohibitions agaútcoll ar
collectd for scienti or educational as.an ara tht is essenti to the dicu

purses. . . . consertion of C. viacewn The Secon 7(aJ of the Act as IJded.
Co Disease or preation. The amunt prposed crtical habitat ~ thU3 be req. ui Federal agencies to evate

of predtion on Cirsium viiaceum by withdrwn herbivores ii miL On occon a The Servcs considered the option of thei actons with repect to any spe
browsed flowerg stal or leaf was desgnting a iiialler area (occupied tht i. proosed or lited u eoiier observed. but the majonty of aras ai'.i aras with constit'Jent or tb!ltened and with reec to an detrental effect on th spedes by e!emel1ts) as crtical habitat. but crtical habitat. Reatiol1

Uvestock ar due to grun dirubance. concluded that such a designation is not lmplementigthis interaiiei
D. The inadequacy of existig. . prd~nt at ths tie, Such a designtion cooperation provUton of the Ad ar

rauJatory mechan8In. Ciium .' woulil iovolve descption of a number codfied at 50 CF Part 40 SeOIl

vinaceum Is protected frm talc in the of ver: smal areas (approximately 29 . 7(a)(2) requires Fade age to

Nationa Forest by Federal reations. acr total) which ar oo-t contí:¡ous ensu that activities ti IUthii foun in 36 CFR 26.9(b). No oth State but rather e:st as one to sever acre fu or ca out ar not liy to

or Federal regulations protect ths . pmels scattered thughout th 155 leopardu the contiued Wstll of a
affectin its continued existence. There very specic location inormtion action may afect a Ilted speces or its
vin~um formerly existe (such u the relt in vanåalism or inased taing igency must enter into formal

ipeces. squar mi ara origialy proposed as listed speces or to deStry or adverely Eo OtJer natura or manmade/actors crtica habitat. The provUion of this modify its crtical habitat. If a Fedral

are numerous aras where Onium (hghligtig the actual sirig$) coul crtica habitat. th responble Federa
tye locality) or now exstl in very low . pressures. Sprigs are easily loate and consultation with the Sera. The only

.... numbers. Many of these sites still modied by vandal5. The rorest Service Federal agencies that may affec or be

. occud on them apparently bave been proceeding to developwhich need to be affected of Indian Afair Catt. )ppear to be sutable habitat for the is aware of the areas plans for their Bureau by the liting of Ci~ium elimited or reduced by livestock protlMon. The Forest Servce support trmpling and water develoment impact or thugh competition with the the withdrwal of cntical babitat and di:ituana:s are actve lhits on

ì pecies. The populations that formerly managed for lhe Cirsium and is vinaceii are the Foret Servce 2nd the
!.

intrducd exotic plant spees Carduus ,feels that designation of:: trct of one Forest Serce lads ind may reult in

nutans and Dipsacis syivestrs (Fetcher . to severl acrs each would only interagency consultation betw th 1978 and 1979). .' complicate'iind detract frm their abilty Forest Servce and the Serce

beit scientific and commal . .. ~'of the areas occ on lands Cirsium vinaceum ca be elted or
inormation available regardig the p~t. adrst7red ~y the us. FOJ"st Servce." . minjmind by cooperative wort to

The Sen-ice has carefuyasseed the to matie and protect th species. Over Efects of water developmet on

,

i ;.
I

pre5~nt.. and futu.e ~eats face by ths nu Serce wi also ~9~ with the '. áUo protecton of Onium an ia species m dete~nig to ci~e ths ru. Indian Reservation. and pr:vate habitat and to enable wate us to
finl. Ba~ed on ths ev~ua ~o~ the. . . landowner: ~ugi the recovery occ. U water is to be remo frm a

i.
I
¡,

p:eferr acon is to list CIJ"lur proc to oCC".. ar.d :0where the water sour suoport awater at a identi areas p~:ect the . pulation. àivert th Cinium vinaceum &I threatened. 'Ieatened speees
status seem. appropriate sice only 2D ipeci~s. No ad.ditiona notication ~int sufcitly dowitr of th
popuations are known an these platsbenents woula accre from th lants wi

leve enough wa for face potential thats from grund designtion of crtical habitat. Protecton ~ 'um' surval an wi avoid

t
i.

dis~bance due to ",ater d~~elopm8~t of th species' habitat wi be addrssed habItat ~stuance. Water dae1pmnt the revery proce81 an ii ditel. b 1 Ciium putioni and liestock trpling. Crca babitat thug
ii not being determined du to faeton thugh the section 7 jeopary stii eha. ~w ff th~ore .

t ',.
r.

discussed in the followig secton. Therefore, there 1s no net benefit an it may dve 1 ~ efec wi be .
Secton 4(8)(3) of th

. .' Is not prudent to designata crtical water .eve opmin Crtll Habitat habitat for Cirsium vinaceum at th detemd on a cae- bu and .

requires that to th ma'Òlxtent . . matte with th Forest Serce Eted
prudent and'determable. tha Secrta Availble Conservation Mea . srs ca be mini ~ fe

Ac as amended. tie. th Se~e wi work cloaey OI th 01

designate crtica habitat at the tie a Conservation measurs prded to Ciium populations to e~m

speces is determned to be endaere spedes lited as endagere or livestock ~~l~ Losa thts

or thatene Crtical habitat wa thatened under the Endangere have been mued by. no imtr ar
.-- included in the lvlay 18. 19 proposal Speces Act inude recogntion. . . cond.~on on a ~ent ti sa Ths

I

. . thate statu for Ciium viaceum. Fed protecon. and probiti Se~lIce

)(49 FR 2(5) which wo propose recovery actio~ reuirme~ts. for coiitin was impOH by th ~ort . )

SG02225

Case 1:04-cv-00786-SGB
The Foret Service is cuently
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Document 42-4

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Page 6 of 16

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species wil ever be reuested. Requests
for copies oi the regaticl'oS on pla
and inquies reardi: them may be
addrssed to tle Feder WUilli!1 !'erit

eiie New ~exicO Acade ;~
Woolo E.O~ ied P.e. Stndey. 1913Daptlon of new pi.tl prlnlry lo i re upon the nora al Hew Mexic

preanns a Ditrct Management Plan

for threle:ed and endanere speces

. meas for Cit'ium viacøum

and has begillmplementi protective

offCe U.S. FIsh and WUdlfe Sa
Washington.'DC %04Ø(i0/23190).

Colrtntioll fr the U.s N.ti
Herum. 16."1151_

Manaiiemi to eUminate or aneviate J' inuding of importnt ar an grzing Fenci listoc

Natitm Ennmenta Pol Ac
'I Fish and Wildle Sece hal

Authors

reutig of recrational actvities.
The Ac and ltllmplementiii

determned that an Envinmenta
. Assesmet. II defied by the Natinal

Pe Olwell an Al Shul Off of
Endangered Spees U.s Fih and

The authrs of thii fial rue an

rqwalÏ01 found at SO CP 11.7 aDd i.

17.72 set for a series of genera trde prohibitions and extion that al)ply
thtened plant speces With repec to Círsium vinace, aD trade
to aU

Envimeta Polley Ac of 195 ne
not be prepared in cOMeetop. with
4;a) of

W"ùdlfe Seniç P.O. Bo 13
Alquerue New Meco 8703 l501

~tions adopted purant to secon

76 or Ft 414-). Sta ti

:he Endange Speces Ac of

inormtion wai pr by Mr. R.
Fltch. US. Foret Sece Region 1.

proMbiüon of seon 9(1j(2) of the Act .
implemeted

1973, as amended. A notice outl the

by SO CF 17.1 apply.

These prohibitions in par make it
llegal for any per30D subject to the

Sen"i's reasons for ths deiemation waspubUshed in the Fecerai Reiier on
Ocober %5. 1983. (48 FR lSZ44)..

517 Gold SW.. Albuquere. New
~l'ic's Washlnlton Ofce of

Mex 8703 E. laVer Smith of th
Endaered Species se aa edtor.

iunsdieton of the United State to
import or export this piimt. trport it

Litetu Cited

\

Li of Subjec in 30 CF!lm 17
Endangere

in interte or ioregn coere in the .6.botL J.Rl98 Cusium vin~uni U.s

course ur a commercal activity. or sell Fore! Sece. Southwe:l Rqoii

and thatened wildlife.

or offer it for saie in interste or foreign inirreonal :Aemoraåwn. jii:; 14. 1sa
comir.e or.remove it frm Feàeral . Currn. N.11l Ciiu vinacii U.s

.fh; Ma.-'.ne ma.~l: Plarts

(agri:liu ).

lands and rece it to possession: Seeds - FOT Servce Meinii fr
frm cutin ted soecen of thatiined Clouåcrft RaW DÍ5tret to Uiln Foret

Retions promugatn
.. PM\T 17~AMEI'OEDi
Ac:ordi."1lly. Par 11. Subchapter B of Chapter L Title 50 of the Code of Federal
S-

plant spees arp.' e)lempl frm these Sl1;ierv!or. Oc:ober::. 198
prohibitions pro..ided that a statement F1elcher. R. 197a. Statu. rejlort ite,pan vinaceum u.s F'Jresl Sl1'1ce Cirs.m

of "cultivated origin" appears on their, Albuquerue. New Mexico. 5 pp.

container Caain exceptions can F1etcr. R. 1979. Siatureiicr I1llent: apply to agents of the Service and State Cinium ~inace us. Foret Se
cOl1ervaUon agencies. The Act and 50 Rl!ion J. Albuueue. New Max,co 5 pp CF li.7 also provide Cor th issuance ~rtn. W.c. õ1nd C. Hulchlns iii A

Règialions ii amended as set fcii1h

bel~ ..
reads as follows:

1. The a.uthority citation for Par 17

of permts to ca out otherwise flO:' of New Mexeo J. CrIlet. viU + :i

prohibite activities involving pp

:)

thre:iteiied speces unèer ccrtai:i Clsoii R.A. 198. Cirs;um ..;nQc~um. BuIU

L 94.90 Stit. 911: Pu. 1;!J 9~ Stat.
3751: Pu. t. 9&159. 93 Stu 12: Pub. i. tg3O 56 Stat. 1411 (1& USc. 1m ., i~.).

Aulhonty: Pub. L ~::. 81 Stat. 88: Pub.

Ciremstace. Intemiiûonal and of Reciamation. Waiingian. D.C. Jun 'Z,

inierstate commercal trde in Cirsium 19M.

vinaciium is not known to exiL It is Ove :. 'rs11 i"Uace anticipated that few tråe pe~~ esponse)p.9,reum. 1lliletler. u.s
W?UId b _i. SOU5't-¿ .' .~~ce . O\-ey.I.C.19M.' vi:iaea U.s eve: e . ..' or~e rooreJ-'Smte Regia . july Zl. lll.
!tiipi~nt!s not ~o~on.in the wild or forei Serlice Southw ieni Regane m cultivabon. Cirsiiu vinacøum occu liirieoi:l MemQl'i: u:il. Ocbe 24

i. Amend i t7.12th) by addig the

followin. In alphabetica order under Asteraceae. to the Ült of 'Edangered. and Thteed Plts
l 17.J2 Endangeed ind thten

on Federal lands. involving the Forest 198
Sel';ce and ~escalèr Indian i ~;;x 1976. Cirrium. viri a

Resetition. It is anticipated tht fe'M ~al8ned New Mexlco'ea. Absttet 'me of repol1prel1led it lb., iiUlI meeit removal and possession perU for

s-- .' I. J , '.._~-~.--.. olFI- i..
_CMf.

plint

. ,

~

£hlO . .

c:_

.~_'u.u~ . I. . .
. ---.~

1-1-:r . 27

eo

Il

Sø ..
NI

Dated: May:S. 198.

5uHJ il
Acûni Aui8UJnt $Muiry far Fish and
WildJif_ QRd /'
(F Doc. 11-1366 Filed &-15-: 8:45 iml

1IW* CO u__

--_.,.j
"'

SG02226

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UN'llI STATE DEPARTM OF TH INOR
r.

NE MECO E:CA SECE ST OFFCE 2105 ær HE
MECO 87113 ALUR, NE Teleph: (505) 761-4525 Fa Nu: (505) 761-4542
January 6, 1995

FISH AN WILI SERCE

Cons. #2-22-92-F-340 Cons. #2-22-93-1058

Lee Poagua. Forest Supervsor
Uncoln National Forest 1101 New York Avenue

Alamogordo, New Mexico 88310-6992

Dear Mr. Poague:

This responds to your October 4, 1994, request for formal consultation under section 7 on the proposed of the Endangered 'Species Act (Act) of 1973,8S amended,
Sacramento Allotment Management Plan (AMP). Uncoh, National Forest (LNF), New
Mountains thistle (Cirsium vinaceum) and the Sacramento prickly poppy (ArgemQne

Mexico. The species of concern for this consultation are the threatened Sacramento

. pleiacaiitha ssp. pinnatisecta).

.:~

The following biological opinion is based on information provided by the Forest Service with the. October 4, 1994. request for formal consultation; and information from files at the New Mexico Ecological Services State Offce-.
BIOLOGICAL OPINION

Based upon the best scientific and commercial information available. it is the U.S. Fish
and Wildlife Servce's (Servce) biological opinion that the Sacramento AMP is not likely to' jeopardize the continued existence of the Sacramento Mountains ,thistle or the

Sacramento. prickly poppy.

Description 91 Proposed Action
Under the AMP preferred alternative, the Forest Service proposes to permit grazing on
a deferred rotation system for two summer

pastures. Four winter pastures are .

proposed to be grazed under a deferred rest rotation system. Summer pastures wil be
grazed from May.J5 to October 3 i , end the winter pastures from. November 1 to' May altered depending upon utilization; if forage use exceeds 40%. the. Dat05 may be 14.

numbers of livestock will be adjusted.

of grazing was conducted at some Sacramento. Mountains thistle and Sacramento prickly poppy sites on the allotment. The continuation of this monitoring, for the purposes of assessing both
During the interim grazing plan. monitoring of the effects short-term and long-term impacts. is critical

, ,, .
",._.._...---,~
i..

to the understanding of the biological needs of both species, and to the continuing development of an allotment management
planthat promotes _ and enhances the survival of these listed species. .' '... ¡,~-~

JAN: - 9 E25
Ui~..~: t_,'~ ~~;.;;L ~::;:::

\.

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Lee Poagua, Forest

Supervsor '"

2

,(...~. Monitoring proposed in the AMP "for the Sacramento Mountains thstle includes 13 sites
identified in the Biological Assessment for livestock herbivory that consistently reached
in 8 study plot have 40 Perèånt 'of the plant eaten). The Forest

plants Service is also developing à Challenge Cost Share Agreement (August 17, 1994. letter from ünda M. Barker', Forest Botanist to Anne Cully.. Service Botanist) with biologists at New Mexico
or exceeded the threshold established for the interim grazing plan '(25 percent of

State University to monitor all Sacramento Mountains thistle plants annually to determine estimated population sizes from year to year, and a separate study to determine the effects. of herbivory on the long term reproductive success of the
. species.

The Sacramento prickly poppy monitoring plots wil be maintained in Alamo Canyon by
the Forest Servce for the purposes of determining the effects of livestock on plants.

especially in the early part of the growing season when seedlings may be especially
vUlnerable to grazing arid trampling.
Monitoring information ~iI be .used to adjust grazing within the pastures, and to revise

the AMP as needed to proteetand enhance recovery for listed plant species.

Status of the Species
Sacramento Mountains Thistle

;)

The Sacramento Mountains thistle was listed as a threatened species in 1987 (52 FR 22933). This species occurs primarily on Lincoln National Forest (lNF) lands in the

Sacramento Mountains of south-eentral New Mexico. Sacramento Mountains thistle is at travertine springs. seeps; and streams. At the time of restricted to wetland sites listing,potential threatstó the species we're the development of water sources.
recreational over.use, exotic or noxious weed competition, logging.. and trampling by

livestock. The Sacramento Mountains thistle occurs on four (Sacramento,Pumphouse, James Canyon. and Scott Ablelof the six grazing allotments managed by the

Cloudcroft Ranger District of the- LNF. .
Herbivory by Iivest.ock and -wildlife was assumed collected

to be unimportant as a threat until

Forest Service biologists observed significant levels of grazing on thistles (primarily on young plants) at the Telephone Canyon-:Creek area in 1991 (USDA. 1992a). Data
Exclosure. and Wils) resulted in a determination that. under plan for the Sacramento Allotment (USDA. Mountains

and analyzed from .five canyons (Water. BrOVÍn~Telephone, Hubbell the interim management

thistle on the summer range.. .
pastures

1992b). grazing may affect the Sacramento

The summer range contains four pastúres: Atkinson. Nelson, North Benson, and South
Wils. Only the North Benson and South Wils

contain populations of the Sacramento Mountains thistle. The North Bensonend South Wils pastures are currently managed under a two pasture rotation system in which full numbers of

livestock (5 i 3 head) are permìttedto graze. Observations of high forage utilzation in a change from a rest rotation system to a deferred rotation levels in 1991 resulted
system during i 992. This was done in an effort to spread high utilization over moCE~

acres and to reduce impacts to vegetation. Under the deferred rotation system. full.

--~._~

stocking rates of cattle utlize the'Sout Wils and North Benson pasturas for a '3-month analysis data and. monitoring data for the thistle have been period each year. Range

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(

Lee Poague; Forest Supervisor 3 .'.

J
Sacramento prickly poppy

The Sacramento prickly poppy was listed as an endangered species on August 24,

1989 (54 FR35302). Plants are found in 10 canyons on the west side of the Sacramento Mountains, Otero County, New Mexico. The winter range of the
Sacramento Allotment includes Alamo Canyol1 and its tributaries, the home of about

75% of the total number of the species (USDA, 1992c). For this reason. there is
particLJlar concernove,r grazing management in these areas. In 1993, the Service reviewed the Biological Evaluation that addressed potential effects of livestock grazing on the winter range on Sacramento prickly poppy. The Service concurred with the measures proposed to avoid adverse impacts to the species.. These measures inèluded

removing livestock from pastures on or before March 1, monitoring the effects of

---~
i

livestock on the poppy. and evaluating data and identifying ways to protect the species

under long-term grazing management of the allotment. In 1994, the Service concurred

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Lee Poague, Forest Supersor I'

4
i Forest Servce to establish three monitoring plots in.

( .:)

with the Forest servce request to contnue grazing on the winter range until May 15,
based on commitent from the

the

Alamo Canyon system. These plots were visited at least three times in the growing for herbivorY or'trampling on seedlings or mature plants, and to . season to look
undertke 8 surey to determine the inconclusive data collected from the monitoring plots during numbers of seedlings

curnt numbe and status of the species. The
1994 reflect the low

present during the year (June 16, 1994, memo from Max Goodwin, Cloudcroft Distrct Ranger to Unda M. Barker, Forest Service Botanist). The Forest Servce is committed to continua monitoring under the proposed AMP to . determine the effect of grazing on the Sacramento prickly poppy;
Sacramento prickly poppy plants are robust perennials sometimes behaving as an annual or short-lived perennial species. They have 3-1 2 pricldy stems, branching from
the base and growing tò a height of 51-150 cm (20-60 in). The

plants have pale

lemon to white milky sap, distinguishing them from its close relative (Argemone
pleiacantha ssp. pleiacanthal, which has bright yellow~orange sap. The flowers have

six white petals 3-4 cm ,(.2-1.6 in long), and numerous stamens. The leaves are long, narrow, with box-shaped sinuses between the spine-tipped lobes.
,

This species occupies xeric uplands or benches of Chihuahuan desert grassland and Older , established desert scrubland habitat several meters above the stream channels.

~)
. \

ability. .
plants appear to be independent of perennial surfßce water. Although some species poppy (USDA, 1989).

of

Chihuahuan desert plants have a deep taproot that enables them to obtain subsurface water from lower soil depths, it is not known if Sacramento prickly poppy also has this
Sacramento prickly poppy grows in desert canyon systems where brief and intense floods occur. At times, this may occur with such severity that it literallv scours the canyon bottoms and may extirpate local populations of Sacramento prickly
episodic flash

This species also grows in or near the main stream channe.1 of

canyon bottoms and biologists . dispersal. However, the

have suggested that flash floods may playa role in seed

main stream chnnel may actually be marginal habitat for Sacramento prickJy poppy as it does not persist nor readily colonize these areas (D. De
Lorenzo, USFS, pers. comm., 1992). Transportationòf water within the canyon

. system and from springs via a pipeline may have affected the Sacramento prickly poppy by reducing total subsurface moisture within the canyons and increasing ariditY

within the lower canyon bottoms. Seed germination may now be limited to tini9sin
which'sufficient moisture permits seedling recruitment and establisnment. Episodic flooding from runoff continues today although the pipeline itself may have accelerated

the phenomenon of scouring and the loss of plants growing within the main stream
channeL. The relationship of these factors to the

distribution and survival of the

Sacramento prickly poppy is not well known. Removal of large quantities of water
from the canyon system for human use may have affected plant establishment and

species composition within the canyon bottoms.

. Recent surveys indicate that there are approximately 1,135 plants of Sacramento

---~ canyons. ' /
prickly poppy on Forest Service lands. These plants occur at i ,280-2,170 m (4,200-7, i 20 tt). The the Alamo Canyon System (including and most vigorous populations of Sacramento prickly poppy , ,

elevations ranging from largest population of 800-900 plants is found in
occur in upper areas of the

Deadman and Caballero canyons). The largest'

(.

'.

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( '.l

Lee Poague, Forest Supervsor
Environmental Baseline

5

Status of the Species
Sacramento Mountains Thistle

Although Sacramento Mountains thistle has been monitored since 1988, grazing
impacts were not considered until the fall occurs at 16 of 1991.

Sacramento Mountains thistle

sites on the Nort Benson pasture and '29 sites on the Sout Wills

pasture. There are 24 total sites grazed by livestock within the Sacramento

Allotment.

Fort sites (including exclosures on the allotment and several sites on another
aUotment)

were visited approximately 200 times throughout the period May 1992 to October 1993 (Galeano-Popp, 1994),
Because. the grazing regime changed from a rest rotation to a deferred system in May i 992, we have no way of establishing be'seline conditions under earlier management
strategies. However, information gathered during 1992, 1993, and 1994 has been

important in developing protection and monitoring for the thistle in the proposed

Sacramento AMP. . . ,
Sacramento Prickly Poppy
Prior to 1994, evidence for effects of livestock on this

species was primarily

anecdotal.

¡)

Because few seedlings were observed in the course of monitoring, there is not enough evidence to make conclusions about the effects of livestock on Sacramento prickly poppy at the critical seedling stage. . Monitoring plots established during the interim

grazing plan wil be maintained by the Forèst Service, to determine the effects of and trampling on seedlíngs and mature plants. grazing
The proposed AMP has been developed In 1994 in part using monitoring data gathered
during the interim grazing plan .in effect during 1992, 1993, and 1994. This'time
frame is not sufficient to accurately assess the long-term impacts that grazing has on.

the Sacramento Mountains thistle or the Sacramento prickly poppy. However, the both species wil be reevalu;:ted
information gathered from monitoring plots for

throughout the monitoring process and at the termination of the monitòring effort. The

commitment of the LNF to adjust the provîsions. of the AMP in accordance with new data derived from the monitoring provides a necessary level of protection to these

species. .

Effects of the Proposed Action
Sacramento Mountains Thistle

Impacts to Sacramento Mountains thistle are primarilv related to permitted livestock

grazing within the summer range of the Sacramento Allotment. Livestock grazing has occurred on the LNF since it was established. Grazing affects the Sacramento Mountains thistle by herbivory and trampling (which includes loss of reproductive potential, loss of seedling establishment, and habitat degradation).
Sacramento Mountains thistle herbivory was first documented by Maláby from Lucas

-,--"~

Canyon during 1989 (USDA, 1992b). Herbivory was documented by Wood from

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(' ',~

Lee Paague, Forest Supervsor "

.6
to have

Lucas Canyon and other loctions on the North Benson pastre in 1991, when full
numbers of

livestock were again stoclçed on the pasture. Eighty-two percent (9 out of

11) of the sites monitored onthe Nor Benson pasture were observed noticeable.thistle herbivory:' Only 12 percent (1 out of 8) of

the sites monitored on the South Wils pastre were observed to have noticeable thistle nerbivory. Wood
livestock (R. Gale~no-Popp, USFS, pers. camm.). Thistles appear to be most palatable to livestock fr.om April to May, when rosettes produce new leaves. Extensive
herbivory

observed that thistle herbivory was 30 percent greater in areas grazed by livestock UJSOA, 1992b). Wildlife apparently consume thistle but to a lesser degree than '

has also been observed in the fall on the centers of plants, which could potentially affect flowering shoots.
More recent assessments of herbivory at approximately 40 thistle

locations in the

falL. .
signs of herbivory), and that usage of the species is at Trampling is in

Sacramento and Scott Able allotments in 1992 and 1993 (Galeano-Popp, 1994)
its highest during the spring and

indicate that thistles a're regularly eaten by livestock (most unexclosed sites showed

assoCiated with livestock usage of riparian (thistle) habitat and may represent a greater threat to this species than grazing. livestock tandto concentrate
riparian areas from May through July, when these areas are the major source of

water (USDA, 1992a). Trampling may impact the Sacramento Mountains thistle
through the following means: habitat degradation that opens up riparian habitat to

;)

more invasive, weedy species such as teasel and musk thistle, loss of reproductive
potential, and eliminating or reducing seedling recruitment and establishment.
Historically, livestock have heavily

impacted riparian areas of the lNF (Galeano-Popp,

pers. comm.t. This has resulted in visible erosion problems along drainage arèas like

the Rio Penasco. Soil development in the lNF is limited by a number of factors: high' elevation, relatively short growing season. proionged periods of cold temperatures, . .
underlying bedrock, and steep slopes. Soils tend to be thin and fragile

in riparian areas.

and thine is high potential for érosion from surface water runoff. Riparian habitats and
vegetation are easily degraded by livestock trampling. . This may open these habitats up

to invasive, weedy species such as teasel and musk thistle, which choke out Sacramento Mountains thistle. Random movement of livestock within thistle habitat
could break off young flowering stems, thus eliminating an individualplantsgenetic

contribution to the population within an area. Trampling may also eliminate or reduce
seedling recruitment and establishment depending on the time of year when it occurs

and its severity.

Grazing and trampling appear to h~ve an impact on Sacramento Mountains thistle numbers and populations. The net effect of estabiishing grazing exc£osures has been
an increase in Sacramento Mountains thistle plants in spring sites located in Hubbell and Lucas canyons, and at Bluff Springs on the Rio Penasco. Outside the Sacramento

Allotment, exclosures from grazing resulted in a dramatic increase in riparian
Mountains thistle numbers have also been observed in benefit of an grazing exclosure. Recent observations

-,~.~

Scott Able Canyon, without the by the Forest Service have also documentéd the decline of Sacramento Mountains thistle populations within some areas of the Sacramento Allotment.. Anet loss of 36 percent (50 plants in 1989 and
32 plants in 1991) was recorded in a popUlation between Marcia Cemetery and the

Sacramento Mountains thistle populations at Silver Springs. Increased S~cramento

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(.'J

lee Poague, Forest Supervisor
juncton with Water Canyon

7

on the Rio Penasco; a netloss of 90 percent (450 plants

in 1984 and 45 plants in 1991) occurred in a population located within theexclosure. at Bluff Springs 8rea;.8OO 8 net loss of 84 percent (300 plants.in .1984 and 47 plants in' 1991) occurred in a population located within an illegally developed spring about 4

miles northeast of Bluff Springs. Populations of sacramento Mountains thiste have plants disappeared along the Sacramento River between 1987-1991, and the habitat is now infested with teasel (USDA, 1992b). Sacramento Mountains thistJe was first collected at the type locality of Fresnal in 1899 by Elmer Wooton (near High Rolls). niis location
also declined in areas off the Sacramento Allotment. Approximately 20

and plants have not been relocated. Decline within populations of Sacramento

Mountains thistle and portions of its historic and current range is a causa for concern.

include Monitoring of grazing impacts on the species has only recently begun and must . establishment of permanent, long-term monitoring plots within both pastures. of the Summer Range. (North Benson and Sout Wils). Recent monitoring of the effects of
herbivory have documented apparent increases in the numbers of rosettes present at study sites on the Sacramento Allotment (Galeano-Popp, 1994). Without verifiable

information, there is no baseline with which to COmpare. or assess long,.term impact of
grazing on this species. The single incident of spring development within the Sacramento AlIotrnent demonstrated the disastous effects of surface disturbance for
one population of thistle (USDA

1984, Richard Sherman Case Report).

J

Sacramento PrickJy Poppy ,
Impacts to the species in the Sacramento Mountains

include those from permitted .

grazing. Except for Dog Canyon, all west side canyons occupied by the poppy are

used by permitted livestock (USDA. 1992c). Uvestock grazing may also indirectly evaluate actual grazing affect the poppy by degrading riparian aréas. It is diffi~ult to
impacts to the poppy at this time. The AMP addresses the need for information about

grazing impacts, and provides for continuing monitoring plots in Alamo Canyon.

Cumulative effects

Cumulative effects include the efforts of future State, local, or private actions that are
reasonably certin to occur in the action area considered in Future Federal actions that are unrelated to the proposed action recreation)

this biological opinion.

(i.e.. timber harvesting, are not considered in this section because they require separate

consultation pursuant to se.ction 7 .of the Act.

Cumulative effects to the Sacramento Mountains thistle may include non-Federal
timber harvesting (the degradation of water quality through increased siltation within springs and streams and increased erosion), recreation, and other activities.

Additional impacts to the Sacramento prickly poppy relate to the long-term removal of large Qúantities of water from formerly ripariafl areaS on the west side of the
Sacramento Escarpment. The City of Alamogordo has water rights to 12 millon

gallons per day, or 16 cubic feet per second, from the Fresnal Canyon System.
INCIDENTAL TAKE STATEMENT

:_:____~ Sections 7(b)(4) and 7(0)(21 of the Act do not apply to the incidental take of listed

(
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'.

lee Poague, Forest Supervisor I'

8

/
I

~.

. . plant species. However, protection of listed plants is provided to the extant that the

Act requires 8 Federal pennit for removal or reduction to possession of endangered plants from .areas under Federal jurisdiction, or for any act that would remove, cut; dig
up, or damage or destróy äi'ysuch species on"any other area in knowing violation of State criminal trespass any regulation of any State or in the cOurse of any violation of a law.
,'.

CONSERVATION RECOMMENDATIONS
Secton 7(a)(1) of the Act directs all Federal agencies to

utilze their authorities to

further the purposes of the Act by carrying out consel'ation programs for the benefit
of threatened and endangeted species. Conservation recommendations have been defined as suggestions of the Servce regarding discretionary measures to minimize or

avoid adverse effects of a proposed action on listed species or critical habitat or regarding the development of information~ SucceSsful implementation of thafollowing
conservation recommendations would help remove adverse impacts to Sacramento .

Mountains thistle and Sacramento prickly poppy plants resulting from the Forest Service's implementation of the AMP. The recommendations are:
1

i. Three monitoring plots wil be maintained in Alamo Canyon. These plots wil
growing' season

be visited at least three times during the growing season; ,once early in the (March.April) to look for seedlings, and twice to check for
Proposed Project Monitoring, Biological Assessinent).

impacts to any seedlings or mature plants (see Project Design Feature #2 and

;)
,

threshold wil be reached when 25 perc.ent of the plants .exhibit 40 percent herbivory during the period from July i to August 31. The Service wil be informed in a timely manner whenever this threshold is met or exceeded. Whèn

2. Monitoring wil be continUed at the 13 selected thistle sites. The impact

and if this occurs, the. cattle will be removed or herded from the area or
protective fencing (exclosures) will be

Assessment). .
4. Study

placed arounc;l the impacted area (see Project Design Feature #2 and Proposed Project Monitoring, Biological

. 3. Monitoring of the statlJs and estimation of population nU,mbers wil be made on an annual basis by outside researchers (see Project Design Fsature #2 and Proposed Project Monitoring, Biological Assessment).

plots wil be established. to determine the long-term effects of grazing The Service wil be given the opportunity to comment on the research design and wil be informed of the results of the studies in a
on reproductive success.

timely manner (see Project Design Feature #2 and Proposed Project Monitoring,

Biological Assessment). .

of the effects of grazing on the Sacramento Mountains thistle 5. Reevaluation and the Sacramento prickly poppy based on Forest Service and research monitoring and study results should be done annually. The Service should be
informed of the results of monitoring and research and given the opportunity

to

partcipate in decisions about changes in management based on new
information.

-~--~

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Page 15 of 16

(d;)

Lee Posgua. Forest Supervsor
6~ . Forest Servce botanists should be 8 part of any changes in

9

stocking rates or in determining grazing sequence and range readiness of pastures (see
Environmental Assessment.. Grazing Sequence. p. 14). The most

recent

information on the status of the Sacramento Mountains thstle and the
. Sacramento prickly poppy should .be included In these decisions.

The Service should be' informed in a timely manner and given time to' participate in

discussions and decisions. .
management plans. Because of the'

linked to the health of riparian 7. Because the health of these listed species is zones on th LNF. the needs of the species should be inCluded in riparian

sensitivity of many riparian species to .

grazing. the Forest Servce should be prepared to develop flexible methods of management. Such methods could include riparian pastures. which would allow

grazing to be controlled in sp~cific areas for short periods of time.
CONCLUSION

J

This concludes formal consultation on the action outlined ¡nthe request. As required by 50 CFR §402. t 6. reinitiation of formal consultation is necessary if: 1) the amount or extent of incidental take is exceeded; 2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; 3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical ha,bitat that was not considered in the biological opinion; or (4) 8 new species is listed or critical habitat is

designated that may be affected by the action.

If we can be of any further assistance. please contact Sonja Jahrsdoerfer at
Sincerely.

(505) 761.4525.. .
cc:

Regional Director. U.S. Fish and Wildlife Service. Albuquerque, New Mexico Regional FOff~ster. U.S. Forest Service. AlbUquerque. New Mexico Regional Botanist. U.S. Forest Service. Albuquerque. New Mexico New Mexico Energy. Minerals and Natural Resources Department. Santa Fe. Director. New Mexico

._-~
i.... .

SG02580

.

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(~J
U.S.D.A. Forest Servce. 1984. Richard Sherman

LITERATURE CITED

case report. Cloudcroft Ranger' District, Lincoln National Forest, Otero County, New Mexico. '. - .

interim management plan for Argemone oleiacantha ssp. pinnatiseeta (Sacramento prickly poppy). U.S.D.A. Forest
.1989. Draft

SerVce, Albuquerque, New Mexico. 12 pp.

1992a. Sacramento Allotment grazing monitoring plan for the interim period between May 1992 and implementation of the AMP anticipatecj to be in 1994. U.S.D.A. Forest Servce, AlbuqljBrque, New Mexico. 5 pp.
1992b. Threatened, endangered and sensitive species biological evaluation, Lincoln Nation Forest, Sacramento Allotment Interim Summer

Grazing Plan, U.S.D.A. Forest Service, Albuquerque, New Mexico. 21 pp.

. 1992c. Threatened, endangered and sensitive species
biological

evaluation, Unèoln National Forést, U.S.D.A. Forest Service,

Albuquerque, New Mexico. 14 pp.
Galeano-Popp, R. 1994. Results of monitoring herbivory on Cirsium vinaceum, 1992-' 1993. Draft report on file, Lincoln Nati.onal Forest, Alamogordo, New Mexico.

,:J

Thomson, J.K. 1990. HabitatAnalysis of Cirsiumvinaceum (Asteraceae); Masters' thesis. New Mexico State University, Las Cruces, New Mexico.

.~--_.~.
....0
!

8002581