A2: The plant was declining throughout its range
because of habitat alteration from activities such
as residential, commercial, and industrial
development; timber harvesting; grazing and
trampling; and competition with native and Frequently Asked Questions May 27, 2003
A1: The U.S. Fish & Wildlife Service listed Braun's rock-cress as an endangered species on January 3, 1995.
Q2: Why was the plant listed?
A2: The plant was declining throughout its range
because of habitat alteration from activities such
as residential, commercial, and industrial
development; timber harvesting; grazing and
trampling; and competition with native and
exotic weedy species, especially the European
garlic mustard (Alliaria petiolata).
Q3: Where does this plant occur?
A3: Braun's rock-cress occurs in Rutherford and Davidson Counties in Tennessee and Franklin, Owen, and Henry Counties in Kentucky.
Q4: What is critical habitat?
A4: Critical habitat is a term in the Endangered Species Act identifying geographic areas that are essential for the conservation of a threatened or endangered species and may require special management considerations. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. It does not allow government or public access to private lands.
Q5: What is the impact of designating critical habitat on private lands and private landowners?
A5: The designation of critical habitat on private land will require consultation for those activities that involve Federally funded or authorized activities. The designation of critical habitat is only applicable to Federal activities.
Q6: Why is the Service proposing critical habitat for Braun's rock-cress?
A6: In its January 3, 1995, final rule, the Service determined that the designation of critical habitat was not prudent for Braun's rock-cress because the species would not benefit and could be further threaten by such a designation. However, on November 8, 2001, the District Court for the Eastern District of Tennessee ordered the Service to reevaluate its "not prudent" determination and submit a new determination and possible proposed critical habitat designation for this plant to the Federal Register no later than May 26, 2003. A final decision is to be made not less than 12 months after publication of the new prudency determination. This proposal reflects the Service's interpretation of recent judicial opinions on critical habitat designation and the standards placed on us for making a prudency determination.
Q7: What are the recovery goals for Braun's rock-cress?
A7: The Recovery Plan for Braun's Rock-cress lists the recovery criteria for reclassification from endangered to threatened when 10 geographically distinct self-sustaining populations consisting of 50 plants or more each are protected within a significant portion of the plant's historic range in Kentucky and Tennessee. At least half of these should be populations consisting of 100 plants or more. It must also be shown that these populations are stable or increasing through 5 years of monitoring. Delisting Braun's rock-cress will be considered when 20 geographically distinct, self-sustaining populations are protected in Kentucky and Tennessee and it has been shown that they are stable after another 5 years of monitoring following reclassification.
Q8: What geographic areas are being proposed as critical habitat for Braun's rock-cress?
A8: The Service is proposing 20 geographic areas in Kentucky (17) and Tennessee (3) as critical habitat for this plant. The most viable populations of Braun's rock-cress within these areas will help the Service meet the recovery criteria of 20 geographically distinct, self-sustaining populations. No unoccupied habitat is being proposed as critical habitat.
Q9: How large of an area does Braun's rockcress' critical habitat proposal encompass?
A9: The 20 critical habitat units encompass approximately 1,008 acres of upland habitat. Approximately 810 acres in Kentucky and 198 acres in Tennessee are proposed as critical habitat for this plant.
Q10: Do listed species in critical habitat areas receive more protection?
A10: No. Species that are listed as endangered or threatened are protected regardless of whether they are inside or outside of an area designated as critical habitat. When critical habitat is designated, Federal agencies are also required to ensure that their activities will not destroy or adversely modify critical habitat.
Q11: What does "to consult" mean?
A11: Consultation is a process by which Federal agencies use the Service's expertise to evaluate the potential effects of a proposed action on species listed under the Endangered Species Act and their critical habitats. Consultation may also identify alternatives to the proposed action to avoid adverse effects on listed species and their habitats.
Q12: Must Federal agencies consult with the Service even where critical habitat has not been designated?
A12: Yes. Even when there is no critical habitat designation, Federal agencies must consult with the Service on actions that may affect listed species, in order to ensure that any action they carry out, fund or authorize is not likely to jeopardize a listed species' continued existence. Where critical habitat is designated, a consultation also ensures that the critical habitat is not destroyed or adversely modified.
Q13: How did the Service determine which areas to designate as critical habitat?
A13: Biologists identified the physical and/or biological habitat features needed for life and successful reproduction of the species. These features are known as primary constituent elements and include, but are not limited to:
By law, the Service is required to identify sufficient areas containing these characteristics to ensure the conservation of the species.
Q9: What are the primary constituent elements for Braun's rock-cress?
A9: Based on the best available scientific information, primary constituent elements essential for the conservation of this plant species are:
(a) The slopes of calcareous mesophytic and sub-xeric forest that are relatively undisturbed, with few openings in the canopy and several large, mature trees (such as sugar maple (Acer saccharum), chinquapin oak (Quercus muhlenbergii), hackberry (Celtus occidentalis), or Ohio buckeye (Aesculus glabra)) ;
(b) An area with few introduced weedy plant species such as Alliaria petiolata that is able to support self-sustaining populations of 50 or more individuals;
(c) A mesic habitat with open forest floors containing rock outcrops on moderate to steep slopes with little herbaceous cover and leaf litter accumulation with natural disturbance to allow for Arabis perstellata germination and seedling germination; and
(d) Ordovician limestone, in particular the Grier, Tanglewood, and Macedonia Bed Members of the Lexington Limestone in Kentucky, and the Lebanon, Carters, Leipers, Catheys, and Bigby-Cannon Limestones in Tennessee; and
(e) Limestone soils such as the Fairmont Rock outcrop complexes in Kentucky and the Mimosa Rock outcrop complexes in Tennessee.
Q15: What is the extent of the additional consultation burden to the Federal agency? To a permit applicant?
A15: Federal agencies are already required to consult with the Service under the Endangered Species Act whenever a proposed action might impact a listed species or its habitat. Thus, the designation of critical habitat will not increase the consultation burden to either the Federal agency or the permit applicant.
Q16: Will the critical habitat designation delay Federal decisions on permits or funding?
A16: Under the Endangered Species Act, the Service has specific time frames within which to complete the consultation process with action agencies. These time frames remain the same whether or not there is critical habitat within the project area. Designation of critical habitat for Braun's rock-cress notifies the Federal action agencies and the public that permits and other authorizations for activities within these designated critical habitat areas must comply with section 7 consultation requirements of the Endangered Species Act. For each section 7 consultation, the Service already reviews the direct and indirect effects of the proposed projects on Braun's rock-cress, and will continue to do so for critical habitat if it is designated.
Q17: What activities could adversely affect critical habitat and may require special management considerations for the Braun's rock-cress?
A17: Activities that may affect critical habitat include, but are not limited to, the following:
Q18: What does it mean to "destroy" or "adversely modify" critical habitat?
A18: "Destruction or adverse modification of designated critical habitat" is defined as a direct or indirect alteration that appreciably diminishes the value of the critical habitat for both the survival and recovery of the species (50 CFR 402.02). Such alterations include, but are not limited to, adverse changes to the physical or biological features, i.e., the primary constituent elements, that were the basis for determining the habitat to be critical. However, in a March 15, 2001, decision of the United States Court of Appeals for the Fifth Circuit (Sierra Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434), the Court found the Service's's definition of destruction or adverse modification to be invalid. In response to this decision, the Service is reviewing the regulatory definition of adverse modification in relation to the conservation of the species.
Q19: Are all areas within the proposed critical habitat boundaries for Braun's rock-cress considered critical habitat?
A19: No. Critical habitat does not include existing developed sites such as housing developments, open areas, and other lands unlikely to contain the primary constituent elements essential for conservation of Braun's rock-cress.
Q20: What specific methods were used to propose critical habitat for Braun's rock-cress?
A20: This proposal is based on the best scientific information available concerning the species' present and historic range, habitat, biology, and threats. The Service reviewed and summarized the current information available on this plant. The information used included known locations; the final listing rule for Braun's rock-cress; recent biological surveys and reports; peer-reviewed literature; our recovery plan; and discussions and recommendations from plant experts.
Q21: Does the Endangered Species Act consider economic consequences as a part of designating critical habitat?
A21: Yes. Unlike Endangered Species Act listing decisions, the Service must take into account the economic impact, as well as any other relevant impacts, of specifying any particular area as critical habitat. The Service may exclude any area from critical habitat if it is determined that the benefits of excluding it outweigh the benefits of including it - unless a determination is made that failure to designate the area as critical habitat will result in the extinction of the species. The Service has conducted an analysis of the economic impacts of designating these areas as critical habitat. It is available for public review concurrently with the proposed rule. That economic analysis has been conducted in a manner that is consistent with the ruling of the 10th Circuit Court of Appeals in N.M. Cattle Growers Ass'n v. USFWS. The results of the analysis suggest that the potential economic impacts of the proposed designation range from $65,000 to $272,000 over the next 10 years.
Q22: How many species have critical habitat designations?
A22: The Service has designated critical habitat for 421 of the 1,262 species federally listed as threatened or endangered.
Q23: What type of comments is the Service seeking?
A23: The Service intends that any final action resulting from this proposal be as accurate and as effective as possible. Therefore, it solicits comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule. The Service is particularly interested in comments concerning:
(a) The reasons why any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act, including whether the benefits of designation will outweigh any threats to the species due to designation;
(b) Specific information on the amount and distribution of Braun's rock-cress and its habitat, and which habitat is essential to the conservation of this species and why;
(c) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat;
(d) Any foreseeable economic or other impacts resulting from the proposed designation of critical habitat, in particular, any impacts on small entities or families;
(e) Economic and other values associated with designating critical habitat for Braun's rock-cress, such as those derived from non-consumptive uses (e.g., hiking, camping, bird-watching, enhanced watershed protection, improved air quality, increased soil retention, "existence values," and reductions in administrative costs);
(f) Whether the Service's approach to critical habitat designation could be improved or modified in any way to provide for greater public participation and understanding, or how public concern and comments could be accommodated; and
(g) The inclusion into final critical habitat of two recently identified populations of Arabis perstellata, and any foreseeable economic or other impacts resulting from including the areas encompassing these two new populations into designated critical habitat.
Q24: How can you submit comments on the proposed critical habitat designation and/or draft economic analysis for Braun's rock-cress?
A24: The Service will consider comments and information received by August 4, 2003. Written comments and information on the proposal should be mailed, faxed, or delivered in person to U.S. Fish and Wildlife Service, Attn: Timothy Merritt, 446 Neal Street, Cookeville, TN 38501; fax: 931-528-7075, or sent by electronic mail to timothy_merritt@fws.gov.
Q26: Who should you contact for more information?
A26: Timothy Merritt at 931-528-6481, ext. 211, U.S. Fish and Wildlife Service, Cookeville Field Office, 446 Neal Street, Cookeville, TN 38501. Copies of the proposed rule, draft economic analysis, and information regarding this proposed critical habitat designation are available on the Internet at http://cookeville.fws.gov.