THISTLE — A rare, once-believed-extinct wildflower may soon have greater federal protection as a result of a lawsuit filed by various conservation groups.
A recently reached agreement will require the U.S. Fish and Wildlife Service to reconsider a previous decision not to designate a critical habitat and formulate a recovery plan for the deseret milk vetch (astragalus desereticus).
The deseret milk vetch is found in only one area on the planet — a habitat of about 300 acres near Thistle. The plant was placed on the endangered species list in 1999.
At that time, the U.S. Fish and Wildlife Service did not designate a critical habitat or create a recovery plan for the plant, saying its remote location made it less of a priority than other species in greater danger.
But the lawsuit, filed in federal court in July by the Center for Native Ecosystems in Denver, the Utah Native Plant Society and Forest Guardians in New Mexico, said the service needed to reconsider.
The agreement reached won't force the service to reverse its decision, but it will be required to re-examine it by January 2007. If officials decide to designate a critical habitat and recovery plan, they would need to do so by January 2008.
"We don't know how they could look at this situation and come to the conclusion that the deseret milk vetch doesn't need a critical habitat," said Jacob Smith, executive director at the Center for Native Ecosystems.
Smith said he is concerned by the amount of time that will pass before a decision is required. Part of the flower's habitat goes right up against U.S. 6, and any decision to widen that road could pose a threat.
Smith said he's not aware of any projects on the horizon and hopes the Fish and Wildlife Service will be more responsive to any problems that do arise.
"If something comes up and they do what they ought to do, the milk vetch should be protected," he said.
The deseret milk vetch was originally identified in 1893. When Congress passed the Endangered Species Act in 1975, the Smithsonian Institute said the plant deserved protection, but it was believed extinct by then and so was left off the official list.
The flower was rediscovered in 1981 and added to the Endangered Species List in 1999.
According to the U.S. Fish and Wildlife Service, plants and animals identified as endangered species have a 99 percent survival rate.
But, the lawsuit pointed out, a species needs the greater protections offered by a critical habitat, as well as a recovery plan, in order to recover and thrive.
E-mail: jtwitchell@desnews.com