[Federal Register: August 24, 2010 (Volume 75, Number 163)]
[Proposed Rules]
[Page 51969-51974]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au10-23]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R3-ES-2010-0034]
[MO 92201-0-0008]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition to List the Oklahoma Grass Pink Orchid as Endangered or
Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition finding and initiation of status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list Calopogon oklahomensis (Oklahoma
grass pink orchid) as endangered or threatened under the Endangered
Species Act of 1973, as amended (Act). Based on our review, we find
that the petition presents substantial scientific or commercial
information indicating that listing the plant species, C. oklahomensis,
as endangered or threatened may be warranted. Therefore, with the
publication of this notice, we are initiating a review of the status of
the species to determine if listing C. oklahomensis as endangered or
threatened is warranted. To ensure that this status review is
comprehensive, we are requesting scientific and commercial data and
other information regarding this species. Based on the status review,
we will issue a 12-month finding on the petition, which will address
whether the petitioned action is warranted, as provided in section
4(b)(3)(B) of the Act.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before October 25, 2010. Please note
that if you are using the Federal eRulemaking Portal (see ``ADDRESSES''
section, below), the deadline for submitting an electronic comment is
midnight Eastern Standard Time on this date.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. In
the box that reads ``Enter Keyword or ID,'' enter the docket number for
this finding, which is FWS-R3-ES-2010-0034. Check the box that reads
``Open for Comment/Submission,'' and then click the Search button. You
should then see an icon that reads ``Submit a Comment.'' Please ensure
that you have found the correct rulemaking before submitting your
comment.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R3-ES-2010-0034; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all information received on http://
www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Request for Information
section below for more details).
After the date specified above in DATES, you must submit
information directly to the Field Office (see FOR FURTHER INFORMATION
CONTACT section below). Please note that we might not be able to
address or incorporate information that we receive after the date noted
above.
[[Page 51970]]
FOR FURTHER INFORMATION CONTACT: Janice C. Engle, Field Supervisor,
Chicago, Illinois Ecological Services Field Office, 1250 South Grove,
Suite 103, Barrington, IL 60010, by telephone (847-381-2243), or by
facsimile (847-381-2285). If you use a telecommunications device for
the deaf (TDD), please call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Request for Information
When we make a finding that a petition presents substantial
information indicating that listing a species may be warranted, we are
required to promptly review the status of the species (status review).
For the status review to be complete and based on the best available
scientific and commercial information, we request information on
Calopogon oklahomensis (Oklahoma grass pink orchid) from governmental
agencies, Native American Tribes, the scientific community, industry,
and any other interested parties. We seek information on:
(1) The species' biology, range, and population trends, including:
(a) Habitat requirements;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) The factors that are the basis for making a listing
determination for a species under section 4(a) of the Act (16 U.S.C.
1531 et seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence.
(3) The potential effects of climate change on this species and its
habitat.
If, after the status review, we determine that listing Calopogon
oklahomensis is warranted, we will propose critical habitat (see
definition in section 3(5)(A) of the Act), in accordance with section 4
of the Act, to the maximum extent prudent and determinable at the time
we propose to list the species. Therefore, within the geographical
range currently occupied by C. oklahomensis, we request data and
information on:
(1) What may constitute ``physical or biological features essential
to the conservation of the species'';
(2) Where these features are currently found; and
(3) Whether any of these features may require special management
considerations or protection, including managing for the potential
effects of climate change.
In addition, we request data and information on ``specific areas
outside the geographical area occupied by the species'' that are
``essential to the conservation of the species.'' Please provide
specific comments and information as to what, if any, critical habitat
you think we should propose for designation if the species is proposed
for listing, and why such habitat meets the requirements of section 4
of the Act.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Submissions merely stating support for or opposition to the action
under consideration without providing supporting information, although
noted, will not be considered in making a determination. Section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is an endangered or threatened species must be made ``solely on
the basis of the best scientific and commercial data available.''
You may submit your information concerning this status review by
one of the methods listed in the ADDRESSES section. If you submit
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the
website. If you submit a hardcopy that includes personal identifying
information, you may request at the top of your document that we
withhold this personal identifying information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions on http://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this finding will be available for you to review at http:/
/www.regulations.gov, or you may make an appointment during normal
business hours at the U.S. Fish and Wildlife Service, Chicago, Illinois
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish our notice of the
finding promptly in the Federal Register.
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
scientific or commercial information was presented, we are required to
promptly commence a review of the status of the species, which will be
subsequently summarized in our 12-month finding.
Petition History
On May 28, 2008, we received a petition dated May 22, 2008, from
Dr. Douglas Goldman of the Harvard University Herbaria requesting that
Calopogon oklahomensis be listed as endangered or threatened under the
Act. The petition clearly identified itself as such and included the
requisite identification information for the petitioner, as required by
50 CFR 424.14(a). In a September 15, 2008, letter to the petitioner, we
responded that we reviewed the information presented in the petition
and determined that issuing an emergency regulation temporarily listing
the species as per section 4(b)(7) of the Act was not warranted because
the species has extant populations in several States and most of the
threats mentioned in the petition are not immediate in nature, but
consist of ongoing issues (for example, fire suppression, overgrazing,
and unfavorable mowing regimes) that may make areas less suitable for
the species, but are not likely to cause immediate extirpation. We also
stated that due to court orders and judicially approved settlement
agreements for other listing determinations under the Act that required
nearly all of our listing funding for fiscal year 2008, we would not be
able to further address the petition at that time but would complete
the action when workload and funding
[[Page 51971]]
allowed. On December 14, 2009, we received a 60-day notice of intent to
sue for violation of sections 4(b)(3)(A and B) of the Act, relating to
late petition findings for 140 species, including C. oklahomensis. On
February 17, 2010, we received a complaint for failure to make timely
petition findings on eight species, including C. oklahomensis. This
finding addresses the petition.
Previous Federal Action
There have been no previous Federal actions concerning this
species.
Species Information
Calopogon oklahomensis was described by D.H. Goldman as a new
species in 1995 (Goldman 1995, p. 37). Morphological and phenological
variation of the genus in the midwestern States was not previously
recognized by Correll (1978) or Luer (1975) (in Goldman 1995, p. 41).
However, genetic testing among the five species of the terrestrial
orchid genus Calopogon for genetic variation indicates that C.
oklahomensis is the most genetically distinct species out of the five
species tested (Trapnell et al. 2004, p. 314). For this reason, we
accept the characterization of C. oklahomensis as a distinct species of
Calopogon, with a large geographic range, and many consistent
morphological features (Goldman 1995, p. 41).
Calopogon oklahomensis has a forked corm (a modified underground
stem), with the new corm at the base of the leaf and the inflorescence
(a branching stem with flowers) rapidly growing distally at the time of
anthesis (the period from flowering to fruiting) (Goldman 1995, p. 39).
The leaf is almost always as long as or longer than the inflorescence
(Goldman 1995, p. 39). The flower buds are deeply grooved
longitudinally, waxy and shiny, with elongated acuminate apices
(narrowing to a point at the tip). The flowers are fragrant and open in
succession (Goldman 1995, p. 39). The labellum disk (portion of the
lower petal that is attached to the center of the flower) is pinkish
with a basal region of short to long yellow hairs, above which there is
a triangular region of short, stout, pinkish hairs, which extends to
the labellum apex (terminal end of the lower petal) (Goldman 1995, p.
39). The stigma (part of the female reproductive part of the flower) is
flat against the column surface (Goldman 1995, p. 40).
Calopogon oklahomensis occupies moist, loamy prairies, savannas,
and sandy woodlands from central Minnesota southward to Texas,
including the States of Wisconsin, Iowa, Illinois, Indiana, Kansas,
Missouri, Tennessee, Arkansas, Oklahoma, Mississippi, Louisiana, and
Florida, with a few scattered populations further east in South
Carolina, Georgia, and Alabama (Goldman 1995, p. 40; Goldman et al.
2004a, p. 707). C. oklahomensis appears to prefer moist to seasonally
dry-mesic prairies, prairie-haymeadows, savannas and open woodlands,
avoiding the wetter habitats preferred by other species of Calopogon
(Goldman 1995, p. 40). This species appears to thrive under a frequent
burning regime or haymeadow management where most or all of the above
ground vegetation is effectively removed once every 1 to 2 years, with
subsequent flowering within a year after the last burn or haymowing.
Goldman (1995, p. 41) based the range of the species on collected
specimens in six States (Arkansas, Kansas, Louisiana, Missouri,
Oklahoma, and Texas) and hypothesized that it may have occurred
historically in two additional States (Iowa and Illinois). The petition
states that, historically, the range covers 17 States (Alabama,
Arkansas, Florida, Georgia, Iowa, Illinois, Indiana, Kansas, Louisiana,
Minnesota, Missouri, Mississippi, Oklahoma, South Carolina, Tennessee,
Texas, and Wisconsin) (Petition, p. 2). NatureServe identifies the
range of the species in only 12 States (Arkansas, Illinois, Iowa,
Kansas, Louisiana, Minnesota, Mississippi, Missouri, Oklahoma,
Tennessee, Texas, and Wisconsin) (NatureServe 2009).
Information on the persistence and status is lacking for many areas
historically occupied by Calopogon oklahomensis. We are unaware of
specific information on population abundance of this species. Other
than the petition, we are unaware of any year-round or long-term
monitoring data on C. oklahomensis. Throughout its range, C.
oklahomensis specimens have historically been confused with C.
tuberosus, due to the difficulty in distinguishing the two species
(Goldman 1995, pp. 37 - 41; Goldman et al. 2004b, pp. 37-38). For these
reasons, the status of this species remains unclear.
Evaluation of Information for This Finding
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR 424 set forth the procedures for adding a species
to, or removing a species from, the Federal Lists of Endangered and
Threatened Wildlife and Plants. A species may be determined to be an
endangered or threatened species due to one or more of the five factors
described in section 4(a)(1) of the Act: (A) The present or threatened
destruction, modification, or curtailment of its habitat or range; (B)
overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; or (E) other natural or manmade factors
affecting its continued existence.
In considering what factors might constitute threats, we must look
beyond the exposure of the species to a factor to evaluate whether the
species may respond to the factor in a way that causes actual impacts
to the species. If there is exposure to a factor and the species
responds negatively, the factor may be a threat and, during the
subsequent status review, we attempt to determine how significant a
threat it is. The threat is significant, if it drives, or contributes
to, the risk of extinction of the species such that the species may
warrant listing as threatened or endangered as those terms are defined
in the Act. However, the identification of factors that could impact a
species negatively may not be sufficient to compel a finding that the
information in the petition and our files is substantial. The
information must include evidence sufficient to suggest that these
factors may be operative threats that act on the species to the point
that the species may meet the definition of threatened or endangered
under the Act.
In making this 90-day finding, we evaluate whether information
regarding threats to Calopogon oklahomensis, as presented in the
petition and other information available in our files, is substantial,
thereby indicating that the petitioned action may be warranted. Our
evaluation of this information is presented below.
A. The Present or Threatened Destruction, Modification, or Curtailment
of the Species' Habitat or Range.
Information Provided in the Petition
The petition outlines several assertions regarding the present or
threatened destruction, modification, or curtailment of Calopogon
oklahomensis habitat or range, including:
(1)The loss of native prairie, savanna, and open woodland habitat
throughout the range of the species as a result of expanding
urbanization, agriculture, and forestry land use;
(2)Degradation of habitat due to fire suppression or infrequent
burning; overgrazing; mowing without thatch removal, excessively
frequent mowing, or mowing during the growing season before the fruit
ripens; severe drainage of optimal habitat rendering mesic sites too
dry to support the species; intense
[[Page 51972]]
soil disturbance and shading due to conversion to forestry plantations;
and intensive trampling, deep local soil disturbance, and damage from
vehicular traffic.
The petitioner describes the decline of Calopogon oklahomensis
range compared to its historical range (Petition, pp. 2-4). The
petition indicates that, based on 237 herbarium specimen records, the
species may be extirpated from nine States of historical occurrence
(Alabama, Florida, Georgia, Iowa, Indiana, Kansas, Minnesota, South
Carolina, and Tennessee) (Petition, p. 2). The petition also states
that these same herbarium records indicate the species is believed to
be extant in eight States; Arkansas, Illinois, Louisiana, Missouri,
Mississippi, Oklahoma, Texas, and Wisconsin (Petition, p. 2). However,
158 of those records date prior to 1958 (prior to 50 years ago), and
183 date prior to 1978 (prior to 30 years ago) (Petition, p. 2).
According to the petition, of the 233 records that give specific
localities, only 25 to 35 populations may remain (Petition, p. 2). Of
the States that still contain the species, the two States suffering the
greatest population losses are Illinois (one remaining population from
an original 42 records) and Texas (1-3 populations from an original 27
records) (Petition, p. 2).
Evaluation of Information Provided in the Petition and Available in
Service Files
We have no information in our files regarding the effects of
expanding urbanization, agricultural or forestry land use, fire
suppression, infrequent burning, intensive trampling, deep local soil
disturbance, damage from vehicular traffic, intense soil disturbance
and shading due to conversion to forestry plantations, severe drainage
of optimal habitat, mowing without thatch removal, excessively frequent
mowing, and mowing during the growing season before the fruit ripens,
and whether the effects are destructive to Calopogon oklahomensis
habitat.
The below information existed in the files of various Service
offices throughout the country at the time the petition was received.
That information was transmitted to the author of this notice, through
personal communications, in 2009 and 2010. The citations reflect the
date on which the information was transmitted to the author, and not
the date the information was received by the Service. Information in
our files indicates that Oklahoma has 45 records of this species from
15 counties dating from 1934 through 2004 (Dikeman 2009, pers. comm.).
Arkansas has 18 herbarium records of this species from 7 counties, and
Texas has herbarium records from 12 counties. Our files also indicate
that Kansas (Freeman 2009, pers. comm.) and Tennessee each have a
single record of this species, with Tennessee's occurrence last
observed in 1937 (Call 2009, pers. comm.). In Wisconsin, Calopogon
oklahomensis is identified as a species of ``special concern'' with
historical occurrence in Wisconsin, perhaps having not been verified in
the past 20 years, but suspected to still be extant (Carnes 2010, pers.
comm.). We do not have information in our files regarding distribution
in other States. Our files also indicate that population numbers at
particular sites fluctuate from year to year with the greatest numbers
found in years following prescribed burns; however, the species is
difficult to find if it is not in bloom and it appears to bloom for
only a few days (Witsell 2009, pers. comm.). We intend to fully assess
the historic and current records of Calopogon oklahomensis throughout
its range during the status review for the species.
According to information presented in the petition, Calopogon
oklahomensis has undergone a sharp decline as much of its habitat has
been converted to other uses. Loss of native prairie, savanna, and open
woodland habitat throughout the species' range is indicated as one of
the major causes of decline (Petition, pp. 2, 5). According to
NatureServe (2009), C. oklahomensis is ``possibly extirpated'' in
Wisconsin and Tennessee; ``critically imperiled'' in Illinois, Kansas,
Mississippi, and Louisiana; ``imperiled'' in Arkansas; and not ranked
in Minnesota, Iowa, Missouri, Oklahoma, or Texas. In Iowa, only
historical records exist for C. oklahomensis with no extant sites
existing (Pearson 2009, pers. comm.).
Summary of Factor A
In summary, we find that the information provided in the petition
presents substantial information that listing Calopogon oklahomensis as
endangered or threatened may be warranted due to the present or
threatened destruction, modification, or curtailment of the species'
habitat or range. The petition identifies numerous potential factors
that may be affecting C. oklahomensis, including habitat loss and
degradation due to expanding urbanization, agricultural or forestry
land use, fire suppression, infrequent burning, intensive trampling,
deep local soil disturbance, damage from vehicular traffic, intense
soil disturbance and shading due to conversion to forestry plantations,
severe drainage of optimal habitat, mowing without thatch removal,
excessively frequent mowing, and mowing during the growing season
before the fruit ripens. We had very little information in our files
prior to receiving the petition; therefore, we do not have information
in our files that further supports or refutes the information provided
in the petition. We, therefore, conclude the petition presents
substantial information to indicate that the present or threatened
destruction or modification of habitat may present a threat to C.
oklahomensis.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes.
The petitioner provides no information addressing this factor, and
we have no information in our files indicating that listing of the
species due to overutilization for commercial, recreational,
scientific, or educational purposes may be warranted. Based on our
evaluation, we find that the petition does not present substantial
information, and we do not have substantial information in our files,
to indicate that listing Calopogon oklahomensis as endangered or
threatened may be warranted due to overutilization for commercial,
recreational, scientific, or educational purposes. However, we will
evaluate all factors, including threats from overutilization for
commercial, recreational, scientific, or educational purposes, when we
conduct our status review.
C. Disease or Predation.
Information Provided in the Petition
The petitioner asserts that overgrazing, as well as, natural
biological predation by insects, rodents, deer, or other herbivores,
may threaten Calopogon oklahomensis (Petition, p. 10).
Evaluation of Information Provided in the Petition and Available in
Service Files
We have no information in our files indicating whether overgrazing
or natural predation by insects, rodents, deer, or other herbivores,
may threaten Calopogon oklahomensis. The petitioners did not provide
information or list disease as a threat to C. oklahomensis, and we do
not have substantial information in our files to indicate that disease
may be a threat to the species.
Based on our evaluation, we find that the petition does not present
substantial information, and we do not have substantial information in
our files, to
[[Page 51973]]
indicate that listing Calopogon oklahomensis as endangered or
threatened may be warranted due to disease or predation. However, we
will evaluate all factors, including threats from disease and predation
when we conduct our status review.
D. The Inadequacy of Existing Regulatory Mechanisms.
Information Provided in the Petition
The petitioner asserts that Calopogon oklahomensis is not listed as
endangered or threatened in the States of Alabama, Arkansas, Florida,
Georgia, Iowa, Indiana, Kansas, Louisiana, Minnesota, Missouri,
Oklahoma, South Carolina, Texas, and Wisconsin (Petition, pp. 5-9). The
petitioner asserts that this species is State listed as endangered in
Illinois and Tennessee (Petition, pp. 6, 9). The petitioner implies
that the lack of State listing for C. oklahomensis in 14 of 16 States
poses a threat to the species. However, there was no specific
information provided in the petition about existing regulatory
mechanisms beyond the two State listings that could protect these
species.
Evaluation of Information Provided in the Petition and Available in
Service Files
Calopogon oklahomensis is not listed as endangered or threatened in
the States of Alabama, Arkansas, Florida, Georgia, Iowa, Indiana,
Kansas, Louisiana, Minnesota, Missouri, Oklahoma, South Carolina,
Texas, and Wisconsin (the States of Kansas and Louisiana do not list
plant species as threatened or endangered (Mizzi 2010, pers. comm.)).
Additional information in our files indicates that this species is
State-listed as endangered in Illinois and Tennessee. An important
provision of the Illinois Endangered Species Protection Act is the
consultation provision, which requires State and municipal agencies
taking actions that might affect State or federally listed species
(including plants), to avoid, minimize, or mitigate impacts to the
listed species (http://dnr.state.il.us/INPC/VMG/Illinois Plant
Translocation Policy.pdf accessed on 05/12/2010). In Tennessee, the
Rare Plant Protection and Conservation Act requires persons to obtain
written permission from a landowner or manager before knowingly
removing or destroying State-listed endangered plant species and
requires nursery farmers to be licensed in order to sell State-listed
endangered species (http://www.state.tn.us/environment/na/
nhp.shtmlaccessed on 05/12/2010). However, as stated above, there was
no specific information provided in the petitions about existing
regulatory mechanisms beyond the two State listings that could protect
these species. We are also not aware of any regulatory mechanisms that
address C. oklahomensis.
Summary of Factor D
The petitioner did not provide any additional information about
existing regulatory mechanisms other than the State listings in
Illinois and Tennessee that could protect these species, and we have
nothing in our files that describes any regulatory mechanisms that
address Calopogon oklahomensis. While information presented by the
petitioner indicates that threats to the petitioned species may be
posed by habitat destruction and degradation due to expanding
urbanization, agricultural or forestry land use, fire suppression,
infrequent burning, intensive trampling, deep local soil disturbance,
damage from vehicular traffic, intense soil disturbance and shading due
to conversion to forestry plantations, severe drainage of optimal
habitat, mowing without thatch removal, excessively frequent mowing,
and mowing during the growing season before the fruit ripens, none of
these threats are posed by an inadequacy of regulatory mechanisms. We,
therefore, find that the petition does not present substantial
information indicating that the inadequacy of existing regulatory
mechanisms may present a threat to C. oklahomensis. However, we will
further evaluate the adequacy of existing regulatory mechanisms for
protecting C. oklahomensis and its habitat during our status review.
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence.
Information Provided in the Petition
The petitioner describes Calopogon species as having a unique
biology that makes small or widely scattered populations more
vulnerable to extirpation (Petition, pp. 4-5). A Calopogon corm
contains only two growing points compared to other vascular plants that
have multiple tiny, dormant buds (Petition, pp. 4-5). Because Calopogon
does not form new buds if one or both of these growing points are
damaged or destroyed, this species has only two chances for success at
perpetuating the plant through the next winter (Petition, pp. 4-5).
Therefore, the species is particularly vulnerable to stochastic events,
which, if they occur at a certain time (when the buds have formed or
are forming), may destroy the chance for the plant to reproduce that
year.
Furthermore, according to information in the petition, Calopogon
oklahomensis is drought tolerant, but may still succumb to drought,
even as dormant corms (Petition, pp. 4-5). Historically, the species
relied on a widespread mosaic of large populations and abundant seed
production (Petition, p. 5), and thus some populations were able to
escape local or regional droughts, allowing the species to persist and
recolonize the drought-affected areas. As described by the petitioner,
however, this species now consists of smaller populations that are
geographically disconnected from each other (Petition, p. 5). Existence
in small, isolated populations can render the species highly vulnerable
to local, regional, or widespread extirpation due to uncontrollable
natural forces, including local or regional climate perturbation such
as drought. Such an event could eliminate most or all of a small
population, and, if the population is isolated from other populations
of the species, a situation to which the species is not adapted, there
would be little opportunity for recolonization (Petition, p. 5).
Evaluation of Information Provided in the Petition and Available in
Service Files
We have no information in our files regarding the effects of the
unique biology described by the petitioner for Calopogon oklahomensis
that may make it more vulnerable to local extirpation. We do have
information in our files, however, indicating that the effects of small
population size may impact the viability of species populations.
Species that are known from few, widely dispersed locations are
inherently more vulnerable to extinction than widespread species
because of the higher risks from genetic bottlenecks, random
demographic fluctuations, and localized catastrophes such as
hurricanes, landslides, and drought (Lande 1988, p. 1,455; Mangel and
Tier 1994, p. 607; Pimm et al. 1988, p. 757). These problems are
further magnified when populations are few and restricted to a limited
geographic area, and the number of individuals is very small.
Populations with these characteristics face an increased likelihood of
stochastic extinction due to changes in demography, the environment,
genetics, or other factors, in a process described as an ``extinction
vortex'' by Gilpin and Soule (1986, pp. 24-25). Small, isolated
populations often exhibit a reduced level of genetic variability or
genetic depression due to inbreeding, which
[[Page 51974]]
diminishes the species' capacity to adapt and respond to environmental
changes, thereby lessening the probability of long-term persistence
(Soule 1987, pp. 4-7). Inbreeding depression as the result of isolated,
small populations can result in death, decreased fertility, smaller
body size, loss of vigor, reduced fitness, and various chromosome
abnormalities (Smith 1974, p. 350).
Although changes in the environment may cause populations to
fluctuate naturally, small and low-density populations are more likely
to fluctuate below a minimum viable population (the minimum or
threshold number of individuals needed in a population to persist in a
viable state for a given interval) (Gilpin and Soule 1986, pp. 25-33;
Shaffer 1981, p. 131; Shaffer and Samson 1985, pp. 148-150). The
problems associated with small population size and vulnerability to
random demographic fluctuations or natural catastrophes are further
magnified by synergistic interactions with other threats, such as those
discussed above under Factor A. Despite evolutionary adaptations for
rarity, habitat loss and degradation increase a species' vulnerability
to extinction (Noss and Cooperrider 1994, pp. 58-62).
Historically, Calopogon oklahomensis was more widespread. An
important benefit of this greater historical range resulted in an
advantage of redundancy: additional populations separated by some
distance likely allowed some populations to be spared the impacts of
localized or more discrete catastrophic events, such as drought.
However, this advantage of redundancy has been lost with the great
reduction in C. oklahomensis range. Additionally, the unique biological
features of C. oklahomensis described by the petitioner (Petition, pp.
4-5), as illustrated above, which limit reproduction and the ability to
recolonize, may make this species particularly vulnerable to the
effects of small population sizes and fragmented habitats. We will
further assess this potential impact during the status review for the
species.
Summary of Factor E
Based on our evaluation, we find that the petition presents
substantial information that listing Calopogon oklahomensis as a
threatened or endangered species may be warranted due to other natural
or manmade factors. Unique features of the species' biology increase
its vulnerability to extirpation because it now exists in small,
isolated populations. Specifically, because the species has only two
growing points, which cannot regenerate, and thus only two chances to
perpetuate the plant through the winter, this reduced reproductive
capacity further exacerbates the effects and threats posed by the small
population sizes and fragmented habitats in which the species now
exists.
Finding
On the basis of our evaluation of the information presented under
section 4(b)(3)(A) of the Act, we have determined that the petition
presents substantial scientific or commercial information indicating
that listing Calopogon oklahomensis may be warranted. This finding is
based on information that indicates the continued existence of this
species may be affected by destruction or modification of habitat from
expanding urbanization, agricultural or forestry land use, fire
suppression, infrequent burning, intensive trampling, deep local soil
disturbance, damage from vehicular traffic, intense soil disturbance
and shading due to conversion to forestry plantations, severe drainage
of optimal habitat, mowing without thatch removal, excessively frequent
mowing, and mowing during the growing season before the fruit ripens
(Factor A); and other natural or manmade factors such as small
population size, and the unique features of the species' biology (only
two opportunities for reproduction each year) that make it particularly
vulnerable to the effects of small population size (Factor E). The
petitioner does not present substantial information that C.
oklahomensis is threatened by overcollection (Factor B), disease or
predation (Factor C), or the inadequacy of existing regulatory
mechanisms (Factor D) currently or in the future.
Because we have found that the petition presents substantial
information indicating that Calopogon oklahomensis may be at risk of
extinction now or in the foreseeable future and therefore listing under
the Act may be warranted, we are initiating a status review to
determine whether listing C. oklahomensis under the Act is warranted.
At the conclusion of the status review, we will issue a 12-month
finding in accordance with section 4(b)(3)(B) of the Act, as to whether
or not the Service believes a proposal to list C. oklahomensis is
warranted. To ensure that the status review is comprehensive, we
request scientific and commercial information regarding C.
oklahomensis.
The ``substantial information'' standard for a 90-day finding
differs from the Act's ``best scientific and commercial data'' standard
that applies to a status review to determine whether a petitioned
action is warranted. A 90-day finding does not constitute a status
review under the Act. In a 12-month finding, we will determine whether
a petitioned action is warranted after we have completed a thorough
status review of the species, which is conducted following a
substantial 90-day finding. Because the Act's standards for 90-day and
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a
warranted finding.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the Chicago, Illinois
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Author
The primary authors of this notice are the staff members of the
Chicago, Illinois Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 22, 2010
Wendi Weber,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-20729 Filed 8-23-10; 8:45 am]
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