[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Proposed Rules]
[Pages 31498-31511]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12103]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R4-ES-2013-0069; 4500030113]
RIN 1018-AY73
Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for Leavenworthia exigua var. laciniata (Kentucky
Glade Cress)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to list
Leavenworthia exigua var. laciniata (Kentucky glade cress), as
threatened under the Endangered Species Act of 1973, as amended (Act).
The effect of this regulation, if finalized, would be to conserve
Leavenworthia exigua var. laciniata under the Act.
DATES: We will accept comments received or postmarked on or before July
23, 2013. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES section, below) must be received by
11:59 p.m. Eastern Time on the closing date. We must receive requests
for public hearings, in writing, at the address shown in the ADDRESSES
section by July 8, 2013.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box,
[[Page 31499]]
enter Docket No. FWS-R4-ES-2013-0069, which is the docket number for
this rulemaking. You may submit a comment by clicking on ``Comment
Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R4-ES-2013-0069; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. We will not accept email or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).
FOR FURTHER INFORMATION CONTACT: Lee Andrews, Field Supervisor, U.S.
Fish and Wildlife Service, Kentucky Ecological Services Field Office,
J.C. Watts Federal Building, 330 W. Broadway Rm. 265, Frankfort, KY
40601, by telephone 502-695-0468 or by facsimile 502-695-1024. Persons
who use a telecommunications device for the deaf (TDD) may call the
Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, if we intend to list
a species as endangered or threatened throughout all or a significant
portion of its range, we are required to promptly publish a proposal in
the Federal Register and make a determination on our proposal within 1
year. Critical habitat shall be designated, to the maximum extent
prudent and determinable, for any species determined to be an
endangered or threatened species under the Act. Listing a species as an
endangered or threatened species and designations and revisions of
critical habitat can only be completed by issuing a rule. Elsewhere in
today's Federal Register, we propose to designate critical habitat for
Leavenworthia exigua var. laciniata under the Act.
This rule consists of: A proposed rule to list Leavenworthia exigua
var. laciniata (Kentucky glade cress) as threatened. Leavenworthia
exigua var. laciniata is a candidate species for which we have on file
sufficient information on biological vulnerability and threats to
support preparation of a listing proposal, but for which development of
a listing regulation has been precluded by other higher priority
listing activities. This rule reassesses all available information
regarding status of and threats to Leavenworthia exigua var. laciniata.
The basis for our action. Under the Act, we can determine that a
species is an endangered or threatened species based on any of five
factors: (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.
We have determined that the species is threatened by Factors A and
E:
The loss and degradation of glade habitats supporting L.
exigua var. laciniata. Activities or factors negatively impacting L.
exigua var. laciniata include: development, roads, utilities,
conversion to lawns, horseback riding, off-road vehicle use, and
changes in grazing practices and forest encroachment.
Other natural or manmade factors, including narrow range,
low genetic diversity, and small population size.
We will seek peer review. We are seeking comments from
knowledgeable individuals with scientific expertise to review our
analysis of the best available science and application of that science
and to provide any additional scientific information to improve this
proposed rule. Because we will consider all comments and information
received during the comment period, our final determinations may differ
from this proposal.
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from the public, other concerned governmental
agencies, Native American tribes, the scientific community, industry,
or any other interested parties concerning this proposed rule. We
particularly seek comments concerning:
(1) Leavenworthia exigua var. laciniata's biology, range, and
population trends, including:
(a) Habitat requirements for feeding, breeding, and sheltering;
(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) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status, range, distribution, and population size of this species,
including the locations of any additional populations of this species.
(5) Any information on the biological or ecological requirements of
the species and ongoing conservation measures for the species and its
habitat.
(6) Information on the projected and reasonably likely impacts of
climate change on L. exigua var. laciniata.
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.
Please note that 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, as 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 comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We request
that you send comments only by the methods described 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 Web site. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so.
[[Page 31500]]
We will post all hardcopy submissions on http://www.regulations.gov.
Please include sufficient information with your comments to allow us to
verify any scientific or commercial information you include.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Kentucky Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Previous Federal Actions
We identified L. exigua var. laciniata as a Category 1 species in a
notice of review published in the Federal Register on July 1, 1975 (40
FR 27824). It remained a Category 1 species in subsequent notices
including December 15, 1980 (45 FR 82480-82569), November 28, 1983 (48
FR 53640-53670), September 27, 1985 (50 FR 39526-39584), February 21,
1990 (55 FR 6184-6229) and September 30, 1993 (58 FR 51144-511920).
Category 1 species were those taxa for which the Service had
substantial information on file on the biological vulnerability and
threats to support the appropriateness of proposing to list the taxa as
threatened or endangered. However, the large number of category 1
species created a backlog for the development and publication of the
proposed rules. Assigning categories to species was discontinued in
1996, and subsequently only species for which the Service had
sufficient information on biological vulnerability and threats to
support issuance of a proposed rule were regarded as candidate species
(61 FR 7596). These candidate species were also assigned listing
priority numbers (LPNs) based on immediacy and the magnitude of threat,
as well as their taxonomic status. Leavenworthia exigua var. laciniata
was first identified as a candidate species in the Federal Register on
November 9, 2009 (74 FR 57804-57878) with an LPN of 3. It retained that
LPN in 2010 (75 FR 69222-69294; November 10, 2010) and 2011 (76 FR
66370-66439; October 26, 2011) Federal Register notices of candidate
review.
Elsewhere in today's Federal Register, we propose to designate
critical habitat for L. exigua var. laciniata under the Act.
Status Assessment for L. exigua var. laciniata
Background
In this section of the proposed rule, we discuss only those topics
directly relevant to the listing of L. exigua var. laciniata as
threatened.
Species Information
L. exigua var. laciniata is an annual member of the mustard family
(Brassicaceae) known only from two counties in Kentucky. Plants are
about 5 to 10 cm (1.97 to 3.94 in) in height with early leaves that are
simple with a slender petiole (central stalk of the leaf) and mature
leaves that are sharply lobed (appear as disconnected pieces along the
main leaf vein), somewhat squarish at the ends and arranged as a
rosette (circular cluster of leaves) (Evans and Hannan 1990, p. 5). The
flowers are small (3 to 6 mm (0.12 to 0.24 in)), white to lilac in
color with four petals, green rather than lavender sepals (the outer of
two floral leaves that make up the flower), and leafless stems. Leaves
typically disappear by the time the plant is in fruit (Evans and Hannan
1990, p. 6). The fruit is flat and pod-shaped.
Taxonomy and Species Description
R. C. Rollins (1963, p. 75) described L. exigua var. laciniata as a
new taxon in his monograph of the genus Leavenworthia. Rollins (1963,
pp. 51, 75) stated that the rather extensive populations of L. exigua
located in Bullitt County, Kentucky, exhibited certain distinguishing
characteristics compared to populations in Tennessee, northern Alabama,
and northern Georgia. The Kentucky plants, which he described as L.
exigua var. laciniata, had longer styles (usually slender and elongate
extension of the ovary), green instead of lavender sepals, and more
sharply divided leaves than the typical L. exigua var. exigua. Kral
(1983, pp. 10-18) supported Rollins' recognition of the taxon as a
distinct variety. Kartesz (1991, p. 449) recognized the taxon by
including it in his vascular flora checklist for the United States.
Habitat
L. exigua var. laciniata appears to be adapted to environments with
shallow soils interspersed with flat-bedded, Silurian dolomite and
dolomitic limestones, which is an uncommon geological formation in
Kentucky (Rollins 1963, p. 5; Evans and Hannan 1990, pp. 8-9). The soil
on these horizontally bedded limestone areas is often only a few inches
in depth or may be completely lacking in some areas (Rollins 1963, p.
5). Because of the thin soils and underlying limestones, these
habitats, called cedar or limestone glades, are extremely wet from late
winter to early spring and quickly become dry in May and June. The
natural habitat for L. exigua var. laciniata is these cedar glades
(Baskin and Baskin 1981, p. 243), but the taxon is also known from
overgrazed pastures, eroded shallow soil areas with exposed bedrock,
and areas where the soil has been scraped off the underlying bedrock
(Evans and Hannan 1990, p. 8). L. exigua var. laciniata does not appear
to compete well with other vegetation and is shade intolerant (Evans
and Hannan 1990, p. 14).
Baskin and Baskin noted in 1985 (p. 378) that there were few, if
any, undisturbed glades remaining in the southeastern United States and
that most of these glades had been used for pasture at some point. This
is true for the range of L. exigua var. laciniata (D. White, pers.
obs., 2012). Like other Leavenworthia spp. (Baskin and Baskin 1985, p.
378), L. exigua var. laciniata occurs in highly disturbed glades as
well as lightly disturbed glades (KSNPC 2012, pp. 1-108). Many of these
highly degraded glades are part of larger pasture areas. As the
disturbance to the glade increases, so does the number of species of
winter annuals (Baskin and Baskin 1985, p. 378). Within the range of L.
exigua var. laciniata some of these highly degraded glades are now part
of residential and commercial lawns (KSNPC 2012, pp. 1-108; pers.
obs.).
The taxon is not restricted to any specific soil type (Evans and
Hannan 1990, p. 8). It appears to be more dependent upon lack of soil
(and plant competition) and proximity of rock near or at the surface.
It occurs primarily in open gravelly soils around rock outcrops in an
area of the Caneyville-Crider soil association (Whitaker and Waters
1986, p. 16). Within this soil association, L. exigua var. laciniata
occurs on the following mapped soil types: Caneyville-rock outcrop
complex, 6 to 40 percent slope; Caneyville silt loam, 6 to 12 percent
slope, eroded; Caneyville-Beasley-rock outcrop complex, 12 to 30
percent slope; Faywood-Beasley-rock outcrop complex, 25 to 60 percent
slope; and Beasley silty clay loam, 6 to 12 percent slopes, severely
eroded (Whitaker and Waters 1986, pp. 26-27, 29-31, 40-41; Evans and
Hannan 1990, p. 8). Where L. exigua var. laciniata occurs on soils
without bedrock near the surface, the soil is usually eroded to
severely eroded with 25 to 100 percent of the original surface gone
(Evans and Hannan 1990, p. 8).
[[Page 31501]]
Biology
The life cycle is nearly identical for all members of the genus
Leavenworthia (Baskin and Baskin 1981, p. 246; Solbrig 1971, p. 155).
All are winter annuals, endemic to cedar glades or glade-like habitats
(Baskin and Baskin 1985, p. 377). For L. exigua var. laciniata, seed
germination occurs in September and October (Baskin and Baskin 1981, p.
246). Baskin and Baskin (1971, p. 33; 1972, p. 1716) found that freshly
harvested Leavenworthia spp. seeds were dormant at any temperature and
that, once dormancy was broken, germination was prevented by high
temperatures, regardless of moisture levels. This characteristic seems
to protect Leavenworthia spp. from germination following short summer
showers that temporarily moisten the glade habitats (Baskin and Baskin
1985, p. 381) and allows it to avoid the hot, dry summer (Baskin and
Baskin 1972, p. 1720). All seeds may not germinate each fall, allowing
seed reserves to accumulate (Baskin and Baskin 1981, p. 246). A study
by Baskin and Baskin (1981, p. 247) found collected L. exigua var.
laciniata seeds germinated in a greenhouse over four autumns, although
at drastically reduced numbers after the first year (4,907 in 1976, 190
in 1977, 156 in 1978, and 71 in 1979).
L. exigua var. laciniata persist through the winter as rosettes,
and flowering begins in late February to early March (Baskin and Baskin
1981, p. 246; Evans and Hannan 1990, p. 11). Seeds are set and plants
die in April and May as the glade habitats dry out (Baskin and Baskin
1985, pp. 378-379; Solbrig 1971, p. 155). At maturity, most of these
seeds are dormant and will not germinate following dispersal, even if
the soils are moist (Baskin and Baskin 1985, p. 379). During the summer
these seeds undergo physical changes known as after-ripening and move
from dormancy to conditional dormancy and, finally, become nondormant
for fall germination (Baskin and Baskin 1985, p. 379).
The cyclical moisture availability on the thin soils of glades and
other habitats acts to limit the number of plant species that can
tolerate these extremes. Consequently, very few other plants occur on
undisturbed glades (Evans and Hannan 1990, pp. 9-10). Common associates
of L. exigua var. laciniata include Northoscordum bivalve (false
garlic), Scutellaria parvula (little skullcap), Sporobolus vaginiflorus
(poverty dropseed), Viola septemloba var. egglestonii (cedar glade
violet), and Houstonia canadensis (Canadian bluets) (Baskin and Baskin
1981, p. 245; Evans and Hannan 1990, p. 10). In areas where the glades
have been disturbed, native and introduced weedy species (annual and
perennial) have invaded glades from nearby roads, fields, and waste
areas (Baskin and Baskin 1985, p. 375).
Areas surrounding glade openings tend to have deeper soils that
support plants with prairie/barren affinities like Schizochyrium
scoparium (little bluestem), Lithospermum canescens (hoary pocoon),
Viola pedata (birdfoot violet), Echinacea pallida (pale purple
coneflower), and Liatris aspera (tall gayfeather) (White 2004, p. 1).
Historical Range/Distribution
L. exigua var. laciniata is a Kentucky endemic and is known from
only northeastern Bullitt County and extreme southeastern Jefferson
County (Evans and Hannah 1990, p. 6; Jones 2005, p. 294; White 2004, p.
1). Populations of L. exigua var. laciniata are disjunct (separated)
from populations of the other two varieties of L. exigua that occur in
Alabama, Georgia, and Tennessee (Rollins 1963, p. 5, NatureServe
Explorer 2012, p. 1).
Information regarding the historical (prior to 1990) range and
distribution of L. exigua var. laciniata is largely lacking. The
original description by Rollins (1963, p. 75) notes a single specimen
collected in a cedar glade in Bullitt County and references an earlier
specimen collected in 1954 by H. A. Korfhage from an open field in
Bullitt County. No other historical information regarding this taxon is
available. The species is known from 84 occurrences including
historical and current locations.
Long-term, quantitative monitoring data are unavailable for this
taxon, but the Kentucky State Nature Preserves Commission (KSNPC) has
recorded qualitative estimates of occurrence size and quality at 3- to
5-year intervals. These evaluations are used to rank each occurrence
with respect to size and viability, condition of the habitat, and
degree of threat. As an annual species, plant numbers of L. exigua var.
laciniata can naturally fluctuate greatly from year to year based on a
variety of factors such as seed production in past years, germination
rates, and environmental conditions (temperature, rainfall) (Bush and
Lancaster 2005, p. 1). As such, habitat conditions often had a greater
influence on the evaluation of habitat viability than population
numbers (Deb White, pers. comm., 2012). Element occurrences have been
ranked into the following categories: A (excellent estimated
viability), B (good estimated viability), C (fair estimated viability),
D (poor estimated viability), O or F (field surveys failed to relocate
the plants at the site), or X (occurrence is considered extirpated). An
element occurrence (EO) is the basic conservation unit used by KSNPC in
assessing species for the Natural Heritage Program. Nature Serve
defines an EO as ``an area of land and/or water where a species or
ecological community is or was present'' (NatureServe 2004, p. 1). The
terms element occurrence and occurrence are used interchangeably
throughout this document.
Evans and Hannan (1990, pp. 9, 19-20) conducted the first rangewide
survey for the taxon and documented a total of 71 historical and extant
occurrences in Bullitt and Jefferson Counties. At that time,
approximately 70 percent (42/60) of the extant occurrences were ranked
as A, B, or C in quality (Evans and Hannan 1990, pp. 24-94). White
(1994, pp. 2-7) reevaluated the status of the taxon in April 1994 by
visiting the occurrences documented by Evans and Hannan (1990, pp. 19-
20) and providing updated ranks and descriptions of habitat conditions.
White (1994, p. 4) recorded a decline in rank quality at 41 percent of
the occurrences, with some of the occurrences decreasing by two levels
of rank quality. Sixty-eight percent of these sites were degraded
directly by human-related activities (e.g., house construction, lawn
development, changes in grazing practices). Over 60 percent of the
occurrences had quality ranks of ``D'' or were considered extirpated
(White 1994, p. 4).
The last rangewide survey was completed by KSNPC at 50 known
occurrences, in April and early May of 2004 (White 2004, pp. 1-3). The
number of plants and their condition (including flowering and fruiting)
and general site conditions were recorded at the known occurrences. The
results of these surveys were compared to results of previous surveys
conducted in 1990 (Evans and Hannan 1990, pp. 19-20) and 1994 (White
1994, pp. 2-7) for the subset of occurrences (49) that were visited in
all 3 years.
Of the 49 occurrences surveyed in all 3 years, 37 (76 percent) had
decreased in quality between 1990 and 2004. This decrease in quality
was commonly due to a reduction in the number of plants and an
accompanying decline in habitat quality as the character of the area
changed from rural to residential. Of those 37 occurrences that
declined, more than 30 percent (16 of 37) were extirpated or unable to
be relocated. Table 1 below illustrates the decline in these 49
occurrences and their viability over this 14-year period. In 1990, 69
[[Page 31502]]
percent of these occurrences were considered to have a viability of
fair or better. In 1994, this amount had dropped to 49 percent; and in
2004 it was down to only 14 percent. These evaluated 49 occurrences
represent approximately 60 percent (49 of 81) of the total population
known in 2004. Since that time three additional occurrences have been
identified, bringing the total known occurrences (historical and
extant) to 84.
Table 1--Comparison of Status Ranks for 49 Occurrences of Leavenworthia
exigua var. lacianata
------------------------------------------------------------------------
Rank Viability 1990 1994 2004
------------------------------------------------------------------------
A.................... Excellent................ 4 3 0
B.................... Good..................... 8 3 3
C.................... Fair..................... 22 18 4
D.................... Poor..................... 13 22 26
F.................... Not...................... 0 0 7
Located..................
X.................... Extirpated............... 2 3 9
--------------------------------------------------
Total.............. ......................... 49 49 49
------------------------------------------------------------------------
Current Range/Distribution
Based on our data, the species is currently limited to 61 extant
occurrences. A total of 23 historical occurrences are considered
extirpated or were not located by KSNPC during the most recent surveys
(KSNPC 2012, pp. 1-108). Of the 61 extant occurrences, 43 are of poor
quality (D-rank; 70 percent). Approximately half of these poor-quality
occurrences are located on residential lawns, with few, if any, native
plants. These lawn occurrences are not believed to be sustainable, due
to competition from lawn grasses and lawn maintenance and improvement
activities. Threats associated with lawns are further discussed under
Factor A. A summary of current occurrence ranks for all known sites is
listed in Table 2 below.
Over the last 20 years, KSNPC has systematically used aerial
photography to identify potential L. exigua var. laciniata glade
habitat in areas of Laurel and other suitable types of limestone
bedrock with the intent of identifying new populations within the known
range and exploring potential areas to expand the known habitat. Very
little potential habitat fitting these parameters has not been
surveyed. Also, this part of the State is heavily explored because it
is so populated and accessible; therefore, discovering any additional
limestone glades, the only habitat known for this species, in another
part of the region is very unlikely (D. White, pers. comm., 2012).
Table 2--2012 Status Ranks for L. exigua var. laciniata
------------------------------------------------------------------------
Number
Rank Viability Occurrences
------------------------------------------------------------------------
A......................... Excellent..................... 1
B......................... Good.......................... 4
C......................... Fair.......................... 13
D......................... Poor.......................... 43
F......................... Not Located................... 7
X......................... Extirpated.................... 16
---------------------------------------------
Total................... .............................. 84
------------------------------------------------------------------------
Land Ownership
The majority of land on which L. exigua var. laciniata occurs is
privately owned, although some significant occurrences are located on
public land. The taxon does occur within two protected areas in eastern
Bullitt County: Pine Creek Barrens Preserve, a 110 acre (44.5 ha)
property owned and managed by the Kentucky Chapter of The Nature
Conservancy (TNC), and Apple Valley Glades Conservation Area, with 46
acres (18.6 ha) owned by KSNPC and another 45 acres (18.2 ha) protected
under a permanent conservation easement held by KSNPC.
Additionally, significant private landownerships within the range
of L. exigua var. laciniata should be noted. Rocky Run Glade Registered
Natural Area is a 25-acre (10.1 ha) privately owned tract of land in
eastern Bullitt County. Also, the Future Fund Land Trust and its
associated endowment were established to create an extensive
``[Fredrick Law] Olmsted-like'' greenway and park system along Floyds
Fork in Jefferson County. The Future Fund Land Trust and its associated
endowment own nearly 500 acres (202.3 ha) within the known range of L.
exigua var. laciniata, including parcels with all or portions of three
known occurrences.
Another private, nonprofit group, 21st Century Parks, is also
working along the Floyds Fork corridor and owns several parcels with
the taxon's range totaling almost 600 acres (242.8 ha) and containing
part or all of two occurrences.
Finally, a publicly owned occurrence is located within McNeely Lake
Park, a site in southern Jefferson County owned by Louisville Metro
Parks.
Table 3--Significant Landownership Information for Occurrences of L. exigua var. laciniata
[From Kentucky State Nature Preserves Commission 2012]
----------------------------------------------------------------------------------------------------------------
Current Most recent population assessment
Site Landowner viability rank (year)
----------------------------------------------------------------------------------------------------------------
Pine Creek Barrens............... The Nature A............... 6,023 plants (2011).
Conservancy.
Apple Valley Glade............... KSNPC; Private w/ B............... 3,192 plants (2011).
conservation
easement.
McNeely Lake Park................ Louisville Metro D............... no estimate (2007).
Parks.
Rocky Run........................ Private............. B............... no estimate (2008).
Floyds Fork area (two Future Fund Land.... B............... over 20,000 plants (2011).
occurrences). D............... thousands of plants (2011).
Floyds Fork area................. 21st Century Parks.. C............... 325 plants (2011).
----------------------------------------------------------------------------------------------------------------
Summary of Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on any of the following five factors: (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; and (E) other natural or manmade
factors affecting its continued existence. Listing may be warranted
based on any of the above threat factors, singly or in combination.
Each of these factors is discussed below.
[[Page 31503]]
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
Habitat destruction and modification have been the primary cause of
population declines and extirpations of the L. exigua var. laciniata
(KSPNC 2012, pp. 1-108) occurrences. Filling and/or grading of glade
habitat for residential and commercial construction has resulted in or
contributed to the loss of at least seven known populations (KSPNC
2012, pp. 1-108). Conversion of glade areas to landscaped settings such
as golf courses and residential lawns by filling, grading, and seeding
of lawn grasses has impacted an additional five occurrences. Nearly a
third of the extant occurrences are of low quality and occur in managed
(e.g., residential, commercial, and agricultural) landscapes. Many of
the extant occurrences are threatened by encroaching lawn grasses and
nonnative plants that compete with L. exigua var. laciniata for space
and nutrients (D. White, pers. comm., 2012). Winter annuals, such as
Leavenworthia spp., are documented to be poor competitors (Rollins
1963, p. 17, Kral 1983, p. 2; Baskin and Baskin 1988, p. 835). Shading
from shrubs and trees makes habitats unsuitable for L. exigua var.
laciniata, which is shade-intolerant (Baskin and Baskin 1988, p. 837).
Recreational activities such as horseback riding and off-road vehicle
(ORV) use can change water flow patterns and damage fragile glade
habitats. Construction and maintenance of linear infrastructure such as
roads and utility lines can also destroy or degrade glade cress
habitat. These factors will be discussed in more detail below.
Development
Development was recognized by Kral (1983, p. 10) as a primary
threat to Leavenworthia spp., and this is true for L. exigua var.
laciniata. The entire range of L. exigua var. laciniata has recently
undergone rapid residential and commercial development as the greater
Louisville metropolitan area expanded southward into southern Jefferson
and northeastern Bullitt Counties. Census data available from 1960 to
2010 show that the population growth in Bullitt County greatly exceeds
that of the state and of neighboring Jefferson County (SSDAN 2012, pp.
1-3) (see Table 4 below).
Table 4--Population Trends of Kentucky, Bullitt County, KY, and Jefferson County, KY
----------------------------------------------------------------------------------------------------------------
Percent population growth
-------------------------------------------------------------------------------
1960-1970 1970-1980 1980-1990 1990-2000 2000-2010
(percent) (percent) (percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
Kentucky........................ 5.94 13.73 0.67 9.67 7.36
Bullitt County.................. 65.90 66.14 9.74 28.74 21.36
Jefferson County................ 13.77 -1.45 -2.93 4.31 6.85
----------------------------------------------------------------------------------------------------------------
Residential
New residential developments have been and are expected to continue
to be constructed throughout the taxon's range, along with associated
roads and utilities construction. As shown in Table 4, from 2000 to
2010, Bullitt County's population increased by 21.4 percent, a
significant increase compared to Kentucky's overall average growth rate
of 7.4 percent (SSDAN 2012, pp. 1-3). The population growth of
Jefferson County seems to have stabilized over the last 20 years SSDAN
2012, pp. 1-3), but much of the land in southern Jefferson County that
contained suitable glade cress habitat has already been converted to
residential, agricultural, and commercial land uses, as seen by viewing
the 2006 National Land Cover Dataset (Fry et al. 2011).
The burst of the housing bubble in 2007 seems to have slowed the
residential expansion within Bullitt County. Residential building
permits (single and multifamily) averaged only 253 between 2008 and
2011, while that average during the peak of the housing bubble (2004-
2006) was 698 building permits per year (U.S. Census Bureau 2012, pp.
1-12). However, although residential development has slowed, we expect
it will continue as the population continues to grow.
Commercial
The recent residential development in Bullitt County, specifically
the Shepherdsville area south of Louisville, has been spurred by
similar growth in the manufacturing and support service industries,
which support 45 percent of the industrial employment in Bullitt County
(KY Cabinet for Economic Development 2012, p. 1). The close proximity
to the Louisville International Airport and United Postal Service (UPS)
all-point international hub has made Bullitt County a prime location
for manufacturing and support service firms. Since 2000, the number of
these firms within Shepherdsville grew from 5 to 18 and includes large
distribution centers for companies such as Alliance Entertainment,
Gordon Food Services, Zappos, and others (KY Cabinet for Economic
Development 2012, pp. 1-2). Four of these 13 new firms established in
Bullitt County in 2008 or later, after the burst of the housing bubble.
Residential and commercial development activities can impact L.
exigua var. laciniata during construction by destroying or modifying
suitable habitat. At least 5 of the 16 extirpated L. exigua var.
laciniata occurrences were eliminated during construction of homes or
facilities. Even if the structure is not constructed on top of L.
exigua var. laciniata or its habitat, grading and filling to level the
site and soil compaction from the construction equipment can destroy or
modify its habitat. Activities ancillary to residential and commercial
construction such as roads, utilities, and lawn creation can also
result in the destruction and modification of habitat for L. exigua
var. laciniata. These other activities will be discussed in more detail
below.
Roads
Many of the 61 extant L. exigua var. laciniata occurrences are
found in close proximity to roads (KSPNC 2012, pp. 1-108). In the
northern part of the range, most of the roads are small, local, and
lead to residential areas. However, in the southwestern part of the
range, near the community of Cedar Grove, many occurrences are located
near larger state roads such as KY 1442 and KY 480.
A review of the Six-Year Highway Plan for Kentucky (KYTC 2006, pp.
19, 20, 69-92) and the associated web-based mapping tool (available at
http://maps.kytc.ky.gov/SYP/) found 12 active projects within the range
of L. exigua var. laciniata, ranging from new construction to bridge
replacements. Four of these projects are for work on existing road
sections where there are extant (1) or historic (3) L. exigua var.
laciniata records near the road. There is
[[Page 31504]]
one new section of road planned through McNeely Lake Park where the
alignment has not been finalized but the study area contains an extant
population.
The majority of known roadside L. exigua var. laciniata occurrences
are of poor quality with few individual plants and competition from
nonnative species such as fescue (KSPNC 2012, pp. 1-108). While the
obvious threat to L. exigua var. laciniata from road construction is
destruction of habitat, impacts associated with habitat degradation
when a road is constructed or maintained adjacent to L. exigua var.
laciniata are less clear. Road rights-of-way are often planted with
dense-growing, nonnative species such as fescue (KYTC 2012, p. 212-2)),
that can outcompete L. exigua var. laciniata. Additionally, the soil
erosion and changes in water runoff patterns associated with
construction can alter soil and moisture conditions, making habitat
unsuitable. Mowing in early spring as L. exigua var. laciniata is
fruiting or before seed has reached maturity could crush plants before
the seeds mature or cause seeds to fall prematurely, negatively
impacting reproduction and next year's population. As a winter annual,
L. exigua var. laciniata may also be susceptible to impacts associated
with winter road maintenance activities such as snow plowing and
application of salt or brine.
Utility Lines
Consultation with the Service on proposed utility work offers the
opportunity to avoid or minimize utility impacts on the L. exigua var.
laciniata. Construction and maintenance of utility lines (e.g., water,
gas, electric, and sewer) can destroy or modify L. exigua var.
laciniata habitat. Construction of new utility lines or maintenance of
underground lines will most likely destroy habitat through excavation
and backfilling of the glade area. Similarly, construction of
substations or well pads can destroy habitat through the facility
construction process. Additionally, herbaceous replanting of the ground
disturbed during construction is commonly done with nonnative species
such as fescue (J. Garland, pers. obs., 2012), which may compete with
L. exigua var. laciniata for resources. Threats associated with fescue
will be discussed under the subsection of ``Lawns'' below.
Vegetation management activities such as mowing and herbicide
application for management of the utility right-of-way can also modify
and degrade habitat for L. exigua var. laciniata. However, most of
these vegetation management activities occur in the late spring and
summer when L. exigua var. laciniata is dormant. Right-of-way
management could benefit L. exigua var. laciniata by maintaining open
habitat and reducing competition from plants that would be impacted by
summer mowing and herbicide applications. Four known occurrences of L.
exigua var. laciniata occur within utility rights-of-way, including one
C-ranked, two D-ranked, and one F-ranked occurrences as identified
above in Tables 1 and 2.
In 2010, the Service became aware of a sewer line project in
southeastern Jefferson County (Louisville Metropolitan Sewer District
(MSD) Broad Run interceptor). The proposed project corridor was
adjacent to at least one known occurrence of L. exigua var. laciniata,
and the project corridor appeared to contain other suitable habitat for
the species. A field review of the project corridor by the Service,
KSNPC, Palmer Engineering, and Louisville MSD was completed in April
2010 to determine if the species occupied the corridor or if suitable
habitat was present. During the field review, the Service and KSNPC
confirmed the presence of the species within the proposed sewer line
corridor. Habitats for L. exigua var. laciniata were delineated in the
field and mapped by Palmer Engineering. Louisville MSD agreed to
relocate a portion of the sewer line to avoid adverse effects to these
areas. In March 2011, the U.S. Army Corps of Engineers (USACE),
Louisville District contacted the Service's Kentucky Field Office
regarding potential adverse effects on the species within the project
corridor. Silt fencing designed to protect L. exigua var. laciniata
habitats had failed in at least two areas during construction, allowing
sediment to leave the construction site and impact the species
habitats. The USACE directed Louisville MSD to correct the failed silt
fence within 48 hours, and corrective measures were taken. The site was
visited by the Service in early April 2011; the silt fence had been
repaired, and it appeared that L. exigua var. laciniata had not been
harmed by the silt fence failure. No followup surveys have been
completed to assess the long-term impacts to this population. Although
direct effects were avoided in this example, it demonstrates how
indirect impacts could occur due to proximity of the action to the L.
exigua var. laciniata plants.
Lawns
Conversion of natural habitat to lawns is likely the single
greatest threat to L. exigua var. laciniata and its habitat. For every
structure (residential, commercial, or other) that is built, an area
much larger than the structure's footprint is modified to provide a
lawn area for that property. These areas are maintained with activities
such as mowing or herbicide application that alters the habitat and
could damage L. exigua var. laciniata plants. Most areas converted to
lawns, that have extant or historic L. exigua var. laciniata records,
have been seeded to tall fescue, a common yard grass in Kentucky. Areas
of bare ground where L. exigua var. laciniata occurs are known to be
filled with topsoil or other materials to allow for a uniform landscape
(D. White, pers. comm., 2012). Lawn maintenance activities such as
mowing and herbicide application encourage dense mats or fescue roots
and eliminate competing species (USDA NRCS 2001, p. 1).
Tall fescue is considered the most widely adapted turf grass used
in Kentucky. It competes well with weeds and develops a dense sod
(Powell, Jr. 2000, p. 2). While these features make tall fescue
desirable to landowners, it can become weedy or invasive, displacing
native vegetation such as L. exigua var. laciniata (USDA NRCS 2001, p.
3). In places where they occur together, tall fescue competes with L.
exigua var. laciniata for water and nutrients and reduces the amount of
stable, suitable habitat available for plant growth and seed dispersal
(Kral 1963, p. 2; Baskin and Baskin 1988, p. 836; D. White, pers.
comm., 2012).
Another threat to L. exigua var. laciniata is Poa annua (annual
bluegrass), a weedy species common in lawns. Rollins (1963; p.17) found
that invading weeds (primarily Poa annua) killed 30 well-established L.
crassa var. crass and L. alabamica var. alabamica plants in less than 2
months in the portion of the test plot that was left alone, without any
weeding. More than 300 Leavenworthia individuals were documented to
grow normally over the rest of the plot where weeding occurred.
Twenty-two of the 61 extant L. exigua var. laciniata occurrences
are in lawns or other landscaped habitats. All of these 22 lawn
occurrences are assessed as a D-rank based on habitat quality and/or
population numbers. The lack of native plant associates and the
presence of nonnative lawn species, against which L. exigua var.
laciniata is a poor competitor (Rollins 1963, p. 17; Baskin and Baskin
1985, p. 387), contribute heavily to the poor viability assessed
[[Page 31505]]
these populations. Additionally, 17 of the 22 lawn occurrences have a
low number of individuals assessed (100 or few plants) with 15 of these
occurrences having fewer than 50 plants during their most recent
assessments (KSNPC 2012, pp. 1-108). Of the 16 extirpated occurrences,
the loss of four of these occurrences is attributed to habitat
conversion to lawns or other landscaped habitats (KSNPC 2012, pp. 1-
108).
Agriculture/Grazing
Analysis of the known range of L. exigua var. laciniata found that
approximately 22 percent of the total land area is in hay or pasture
(USFWS 2012, p. 1). In addition to being a popular lawn species, tall
fescue is also a popular hay/pasture grass in Kentucky (NRCS USDA 2001,
p. 1). Impacts to L. exigua var. laciniata associated with the
conversion of natural glade or gladelike habitat to fescue or other
forage species is very similar to those discussed in the section on
lawns. Grazing or haying of the pasture may help maintain the glade
habitat, if it persists, by stunting the growth or invasion of woody
species and maintaining the open herbaceous nature of the habitat.
However, grazing or haying may have negative impacts on L. exigua
var. laciniata occurrences, if it occurs prior to seed set. Disturbance
to the plants could cause mortality, and compaction of the soil from
overgrazing could cause erosion or change soil moisture (USFWS 2009, p.
2). High-intensity grazing can also have negative impacts on both
plants and the glade habitat by increasing soil compaction and erosion
rates or excessive trampling (USFWS 2009, p. 2). Removing cattle from a
habitat where grazing activities have helped to maintain the open
habitat may result in an increase in forage grasses that may outcompete
L. exigua var. laciniata and alter suitable habitat. We are not aware
of any studies that have looked at the timing and intensity of
agricultural activities and their effects on L. exigua var. laciniata.
However, changes in grazing activities (both more and less) are
considered threats to at least two known occurrences (KSNPC 2012, pp.
1-108).
Forest Encroachment
The dolomitic limestone glade habitat, with which L. exigua var.
laciniata is associated, has a natural community of herbaceous, or
nonwoody, plants. These open areas are maintained by their shallow
soils (Baskin and Baskin 1978, p. 184; Barnes and Evan 2007, p. 12).
Glades are often associated with barrens, which are believed to have
been created and maintained by fire (Baskins, et al. 1994, p. 238).
Suppression of fire around the glade results in the accumulation of
organic matter in and around the glade. The buildup results in
increased soils depth and allows for the growth of trees and other
plants that require deeper soils than typically found in and around the
glades. Forest encroachment, whether due to lack of fire or other
sources, threatens L. exigua var. laciniata by increasing shade, to
which L. exigua var. laciniata is intolerant, and potentially changing
the soil structure by adding organic materials.
KSNPC has recommended cedar removal and/or prescribed fire as a
management activity to promote L. exigua var. laciniata at more than 10
extant occurrences. Evans and Hannan (1990, p. 15) also recommended
tree removal and prescribed fire as an important habitat management
technique for L. exigua var. laciniata. Based on our knowledge of known
L. exigua var. laciniata occurrences, only four sites (Pine Creek
Barrens, Rocky Run, Apple Valley, and McNeely Lake) have been or are
being managed to control forest encroachment around glades containing
L. exigua var. laciniata.
Off-Road Vehicle Use and Horseback Riding
Although there are no established trails or designated areas
specifically for riding horses or off-road vehicles within the range of
the species, evidence of these activities is apparent at several extant
and historic L. exigua var. laciniata sites (KSNPC 2012, pp. 1-108). A
site visit to Pine Creek Barrens in April 2012 found evidence of
unauthorized horse access. Glade habitat where L. exigua var. laciniata
is known to occur at this site had fewer plants than in previous years
(Garland, pers. obs., 2012). At least four L. exigua var. laciniata
sites appear to have been impacted by ORV usage (KSNPC 2012, pp. 1-
108).
The habitat requirements of L. exigua var. laciniata are very
specific with shallow soils and high moisture content in the winter and
earlier spring, drying out by early summer. Frequent use by ORVs can
result in soil compaction, increased weed invasion (both native and
nonnative), wind and water erosion, altered water flow patterns, and
decreased soil moisture (Stokowski & LaPointe 2000, pp. 14-15). Changes
to the habitat from ORV use can result in a loss of suitability. Soil
and wind erosion can remove soils needed for plant growth and seed
dispersal. If the glade habitat is the recipient of the eroded
material, the increase in soil depth can alter the habitat such that it
is more suitable for species previously excluded from the habitat that
will compete with L. exigua var. laciniata for water and nutrients, or
sunlight.
Climate Change
Our analyses under the Endangered Species Act include consideration
of ongoing and projected changes in climate. The terms ``climate'' and
``climate change'' are defined by the Intergovernmental Panel on
Climate Change (IPCC). ``Climate'' refers to the mean and variability
of different types of weather conditions over time, with 30 years being
a typical period for such measurements, although shorter or longer
periods also may be used (IPCC 2007, p. 78). The term ``climate
change'' thus refers to a change in the mean or variability of one or
more measures of climate (e.g., temperature or precipitation) that
persists for an extended period, typically decades or longer, whether
the change is due to natural variability, human activity, or both (IPCC
2007, p. 78). Various types of changes in climate can have direct or
indirect effects on species. These effects may be positive, neutral, or
negative, and they may change over time, depending on the species and
other relevant considerations, such as the effects of interactions of
climate with other variables (e.g., habitat fragmentation) (IPCC 2007,
pp. 8-14, 18-19). In our analyses, we use our expert judgment to weigh
relevant information, including uncertainty, in our consideration of
various aspects of climate change.
As is the case with all stressors that we assess, even if we
conclude that a species is currently affected or is likely to be
affected in a negative way by one or more climate-related impacts, it
does not necessarily follow that the species meets the definition of an
``endangered species'' or a ``threatened species'' under the Act. If a
species is listed as endangered or threatened, knowledge regarding the
vulnerability of the species to, and known or anticipated impacts from,
climate-associated changes in environmental conditions can be used to
help devise appropriate strategies for its recovery.
We lack firm predictions for future patterns of precipitation and
temperature that are specific to Kentucky. While it appears reasonable
to assume that climate change will occur within the range of L. exigua
var. laciniata, at this time we do not have information to indicate
specifically how climate change may affect the species or its habitat.
However, since the species is a habitat specialist, it seems unlikely
[[Page 31506]]
that this species will be flexible in terms of shifting to new habitats
if the glades become unsuitable. Also, if conditions shift in favor of
nonnatives, the species will likely be negatively affected.
Conservation Efforts To Reduce the Present or Threatened Destruction,
Modification, or Curtailment of Its Habitat or Range
In 1986, the owner of Rocky Run Glade entered into a written
agreement with KSNPC not to alter the registered area and to allow
KSNPC agents to enter the area for scientific observation, research or
education, in exchange for the Registered Natural Area designation. The
agreement will remain in effect until terminated by either the
landowner or KSNPC with 30-days' notice. While the agreement recognizes
the conservation mindset of the property owner, it offers no long-term
protection to the species due to its nonbinding nature. However, the
agreement has been in place for more than 20 years, and we have no
reason to believe it will be terminated.
Habitat management activities can also reduce threats to the
species associated with habitat modification from invasive species and
forest encroachment. Some habitat management occurs on the previously
mentioned conservation areas (Apple Valley Glade, Pine Creek Barrens
and Rocky Run); however, we are unaware of any monitoring efforts that
would indicate whether or not these efforts are successful.
Additionally, we are not aware of any agreements or assurances that
would ensure that these measures would be continued into the future. We
have requested additional information on this subject in the
``Information Requested'' portion of this rule.
Jefferson Metro Parks, which manages McNeely Lake Park for the
Jefferson County Metro Government, has received flexible funding from
the Service to develop a management plan for the L. exigua var.
laciniata occurrence within the park and to implement habitat
improvement measures such as invasive species and woody plant removal
in the areas surrounding L. exigua var. laciniata. This work has not
yet been initiated.
Summary of Factor A
Comprehensively, the loss and degradation of habitat represents the
greatest threat to L. exigua var. laciniata. Destruction and
degradation of glades through development, roads, utilities, and
conversion to lawns has resulted in fewer occurrences of L. exigua var.
laciniata and reduced the quality of many of the remaining occurrences.
Additional impacts of this nature are expected to continue far into the
future as the human population within the range of L. exigua var.
laciniata continues to grow. While the rate of development and
associated activities will probably not reach the highs seen during the
housing market bubble of the mid-2000s, it is expected to continue at a
rate above the state average. As the Louisville metropolitan area
continues to expand, undeveloped portions of southern Jefferson and
northeastern Bullitt Counties will continue to be attractive to
developers and, consequently, residential and commercial development
and its ancillary activities will continue. Documented impacts from
horseback riding, ORV use, and changes in grazing practices have
resulted in the loss or degradation of several L. exigua var. laciniata
occurrences. These activities are expected to continue in the future
but to an unknown extent. Forest encroachment is expected to continue
in areas without active management. A few voluntary conservation
measures are in place on private, state and local government owned
properties that reduce threats to specific L. exigua var. laciniata
occurrences, but to date, none have resulted in any measurements of
success or assurances that these activities will continue into the
future. Climate change has the potential to impact this species, but to
what extent we cannot predict.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Due to the small size and limited distribution of the few remaining
populations, L. exigua var. laciniata is potentially vulnerable to
overutilization. A study by Baskins and Baskins (1981, pp. 246-247)
involved the collection of seeds, plants and three soil blocks
containing L. exigua var. laciniata seeds from two sites in Bullitt
County in 1976. However, this study did not assess the impacts of these
collections on the populations of L. exigua var. laciniata at the
collection sites. We are unaware of any scientific studies in recent
years that involved any collection of L. exigua var. laciniata.
The KSNPC has recently been collecting seed from L. exigua var.
laciniata sites in order to preserve genetic materials from sites that
are considered to have poor viability and also for sites where habitat
is sufficient to expand or supplement the existing populations. In
2012, seed was collected and planted at a nature preserve to expand the
population into adjacent suitable habitat and supplement the seed
source available for establishment. Seed was collected at two other
sites; both areas where the suitable habitat is marginal. One of these
sites is a roadside and another is in an area increasingly dominated by
fescue. About 50 seeds were collected from each site at the end of the
period for seed dispersal for this species. This constitutes a very
small portion of the seed produced at these sites. This seed is being
stored at the KSNPC until a suitable recovery site is identified or
arrangement with a long-term storage facility is made.
These few current and historic collections are not believed to have
a significant impact on L. exigua var. laciniata. The Service will
coordinate with any agency or university studying L. exigua var.
laciniata to ensure that future collections will not significantly
contribute to the decline of the species. We have no information to
suggest that L. exigua var. laciniata is collected for commercial,
recreational, or educational purposes, and we have no reason to believe
that this factor will become a threat to the species in the future.
Factor C. Disease or Predation
We have identified no available information regarding disease in L.
exigua var. laciniata. Furthermore, we have identified no information
regarding animal (wild or domestic) predation on L. exigua var.
laciniata. Field observations by the KSNPC during extensive surveys of
this species indicate that neither disease nor predation is a factor
contributing to the decline of the species at this time (Evans and
Hannan 1990, p. 12; White, pers. comm., 2012).
Factor D. The Inadequacy of Existing Regulatory Mechanisms
Section 4(b)(1)(A) of the Act requires the Service to take into
account ``those efforts, if any, being made by any State or foreign
nation, or any political subdivision of a State or foreign nation, to
protect such species. . . .'' In relation to Factor D, we interpret
this language to require the Service to consider relevant Federal,
State, and tribal laws, regulations, and other such mechanisms that may
minimize any of the threats we describe in threat analyses under the
other four factors, or otherwise enhance conservation of the species.
We give the strongest weight to statutes and their implementing
regulations and to management direction that stems from those laws and
regulations, such as State governmental actions enforced under a State
statute or constitution or Federal action under statute.
[[Page 31507]]
Having evaluated the significance of the threats as mitigated by
any such conservation efforts, we review existing State and Federal
regulatory mechanisms to determine whether or not they effectively
reduce or remove threats to L. exigua var. laciniata.
The Kentucky Rare Plants Recognition Act, Kentucky Revised Statutes
(KRS) Chapter 146 Section 600-619, directs the KSNPC to identify plants
native to Kentucky that are in danger of extirpation within Kentucky
and report every 4 years to the Governor and General Assembly on the
conditions and needs of these threatened or endangered plants. This
list of endangered or threatened plants in Kentucky is found in the
Kentucky Administrative Regulations Title 400 Chapter 3:040. The
statute (KRS 146:600-619) recognizes the need to develop and maintain
information regarding distribution, population, habitat needs, limiting
factors, other biological data, and requirements for the survival of
plants native to Kentucky. This statute does not include any regulatory
prohibitions of activities or direct protections for any species
included in the list. It is expressly stated in KRS 146.615 that this
list of threatened or endangered plants shall not obstruct or hinder
any development or use of public or private land. Furthermore, the
intent of this statute is not to ameliorate the threats identified for
the species but it does provide information on the species.
We are not aware of any other State or Federal statutes or
regulations that would provide protections to L. exigua var. laciniata.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
Narrow Range
L. exigua var. laciniata is a narrow endemic known to occur only in
northeastern Bullitt County and extreme southeastern Jefferson County
(Evans and Hannah 1990, p. 6; Jones 2005, p. 294; White 2004, p. 1). A
mapping of known occurrences shows this taxon to be restricted to an
area less than 100 square miles. Within this area, L. exigua var.
laciniata is restricted to the small patches of suitable habitat
associated with shallow soils that are interspersed with flat-bedded
Silurian dolomite and dolomitic limestones. This narrow range places L.
exigua var. laciniata at a higher risk for extinction from habitat loss
or degradation associated with localized events (manmade or natural),
change in land use, or industry than a species that occurs across a
broader landscape.
Small Population Size
Annual plants often have widely fluctuating populations and may or
may not have abundant seed banks (Bush and Lancaster 2004, p. 1).
However, a given year's plant population strongly influences the seed
bank for that site. A review of recent population estimates for the
extant populations found that 33 of 61 sites had 100 or fewer
individuals at the time of their last survey. Additionally, the
majority of these populations have shown a decline throughout the
period in which KSNPC has been conducting status surveys (roughly 1990
to 2012) (KSNPC 2012, pp. 1-108).
Small populations can be prone to extirpation, especially if a
series of drought years greatly reduces seed production and depletes
the soil seed bank. Small populations can also be prone to extirpation
from single adverse natural or manmade events. Low numbers of plants,
confined to very small areas, can be totally eradicated by actions such
as installation of utility lines, road construction, or development.
The majority of the extant occurrences of L. exigua var. laciniata are
small, covering only a few square meters (KSNPC 2012, pp. 1-108).
Small population size also increases the risk of total loss of
populations due to contact with herbicides or shading and leaf litter
accumulation from forest encroachment, because these threats are likely
to affect the entirety of any given occurrence. Sustained drought may
reduce the reproductive effort of a population. Reduced reproductive
effort affects the seed bank, which represents the reproductive
capacity of each glade cress population. Although no studies have
examined the long-term viability of L. exigua var. laciniata seed,
Baskin and Baskin (1981, p. 247) found that more than 90 percent of the
total germination took place in the first growing season.
In addition to increasing vulnerability to direct threats, small
population size can result in a decrease in genetic diversity due to
genetic drift (the random change in genetic variation in each
generation), and inbreeding (mating of related individuals) (Antonovics
1976, p. 238; Ellstram and Elam 1993, pp. 218-219).
Low Genetic Diversity
L. exigua var. laciniata has the ability to self or cross pollinate
(Rollins 1963, p. 17). The degree to which either form of pollination
is used over the other is not known. However, we believe that L. exigua
var. laciniata primarily self-pollinates due to the biological changes
associated with self-compatibility in Leavenworthia species. Such
changes include, but are not limited to, reduction in flower size, a
shift from odiferous to nonodiferous flowers and flowering during a
period when insect activity is minimal (Rollins 1963, pp. 41-43).
Research by Liu et al. (1998, p. 298) on other Leavenworthia
species (L. uniflora, L. crassa and L. stylosa) found that self-
compatible species (species that self or cross pollinate) had lower
genetic diversity than the species that were not self-compatible. An
earlier laboratory study on L. uniflora and L. crassa by Charlesworth
et al. (1994, p. 211) found that the offspring from self-pollination
had lower survival and fertility than those offspring produced by
cross-pollination.
Summary of Factor E
L. exigua var. laciniata is subject to several ongoing natural and
manmade factors, which could affect its continued existence. The
species has a narrow range, occurring in only small portions of two
counties. Within this range, L. exigua var. laciniata is restricted to
cedar glades and similar shallow-soiled areas that occur sporadically
across the range. More than half of the remaining occurrences had low
(fewer than 100 individuals) population counts at the time of the most
recent survey. Additionally, the presumed low genetic diversity within
individual occurrences of L. exigua var. laciniata could place those
occurrences at a high risk of extirpation as their capacity for
adaptation to change is reduced.
Determination
The most significant threats to the species are described under
Factors A (the present or threatened destruction, modification, or
curtailment of its habitat or range) and E (other natural or manmade
factors affecting its continued existence). Based on the Factor A
analysis, we conclude that the loss and degradation of habitat
represents the greatest threat to L. exigua var. laciniata. Destruction
and degradation of glades through development, roads, utilities, and
conversion to lawns has resulted in fewer occurrences of L. exigua var.
laciniata and reduced the quality of many of the remaining occurrences.
Additional impacts of this nature are expected to continue for the
foreseeable future as the human population within the range of L.
exigua var. laciniata continues to grow. While the rate of development
and associated activities will probably not reach the highs seen during
the housing market bubble of the
[[Page 31508]]
mid-2000s, it is expected to continue at a rate above the State
average. As the Louisville metropolitan area continues to expand,
undeveloped portions of southern Jefferson and northeastern Bullitt
counties will continue to be attractive to developers and,
consequently, residential and commercial development and its ancillary
activities will continue. Expansion of lawn grasses will continue to
threaten L. exigua var. laciniata regardless of development rates as
they encroach on glades and gladelike areas lacking in habitat
management activities that would exclude them. As a poor competitor,
inhabiting areas of shallow soil and droughty conditions during the
growing season, this species is particularly vulnerable to habitat
degradation from nonnative and woody species.
Documented impacts from horseback riding and ORV use have resulted
in the loss or degradation of several L. exigua var. laciniata
occurrences. These activities in close proximity to L. exigua var.
laciniata populations are expected to continue in the future and can
result in a significant threat to the species. Based on our review of
the best available information, we conclude that agricultural
activities such as habitat conversion to pasture and changes in grazing
intensity constitute a significant threat to L. exigua var. laciniata.
Additionally, the lack of prescribed fire on the open ground
surrounding most of the glades containing L. exigua var. laciniata, and
the documented threat associated with forest encroachment, leads us to
conclude that forest encroachment is a significant threat to L. exigua
var. laciniata.
The Factor E analysis demonstrated that L. exigua var. laciniata is
subject to several ongoing natural and manmade threats. The species has
a narrow range, occurring in only small portions of two counties.
Within this range, L. exigua var. laciniata is restricted to cedar
glades and similar shallow-soiled areas which occur sporadically across
the range. More than half of the remaining occurrences had low (fewer
than 100 individuals) population counts at the time of the most recent
survey. Additionally, the presumed low genetic diversity within
individual occurrences of L. exigua var. laciniata could place those
occurrences at a high risk as their capacity for adaptation to change
is reduced. These threats occur across the taxon's range and are
ongoing and, therefore, imminent. The reduced ability to adapt to
changing conditions combined with the habitat modification and
destruction described in Factor A leads us to conclude that the
severity of these threats is high.
Therefore, based on our review of the best available scientific and
commercial information, we conclude that the narrow range, low genetic
diversity, and small population size, as described in the Factor E
analysis, both alone and in conjunction with the threats described
under Factor A, constitutes a significant threat to L. exigua var.
laciniata. We were unable to identify any factors, including (but not
limited to) management actions, regulatory mechanisms, or protective
agreements, that appear to mitigate or reduce these threats.
We propose to list the species as threatened, rather than
endangered, due to the relatively high current number of extant
populations (61). Although threats to the taxon are ongoing, often
severe, and occurring across the range, the possibility that all
occurrences would be equally impacted in the foreseeable future so as
to cause extinction is unlikely. Therefore, on the basis of the best
available scientific and commercial information, we propose listing L.
exigua var. laciniata as threatened in accordance with sections 3(6)
and 4(a)(1) of the Act.
Significant Portion of the Range
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' A major part of the analysis of
``significant portion of the range'' requires considering whether the
threats to the species are geographically concentrated in any way. If
the threats are essentially uniform throughout the species' range, then
no portion is likely to warrant further consideration.
We have carefully considered all scientific and commercial
information available regarding the past, present, and future threats
to L. exigua var. laciniata. L. exigua var. laciniata, proposed for
listing in this rule, occurs only in portions of two Kentucky counties
and the threats to the survival of the taxon are not restricted to any
particular significant portion of that range. Accordingly, our
assessment and determination applies to the taxon throughout its entire
range. We find that L. exigua var. laciniata is likely, within the
foreseeable future, to become an endangered species throughout its
entire range, based on the immediacy, severity, and scope of the
threats described above. We propose listing L. exigua var. laciniata as
threatened in accordance with sections 3(6) and 4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition, through listing, results in public awareness
and conservation by Federal, State, Tribal, and local agencies, private
organizations, and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed, preparation of a draft and final
recovery plan, and revisions to the plan as significant new information
becomes available. The recovery outline guides the immediate
implementation of urgent recovery actions and describes the process to
be used to develop a recovery plan. The recovery plan identifies site-
specific management actions that will achieve recovery of the species,
measurable criteria that determine when a species may be downlisted or
delisted, and methods for monitoring recovery progress. Recovery plans
also establish a framework for agencies to coordinate their recovery
efforts and provide estimates of the cost of implementing recovery
tasks. Recovery teams (comprising species experts, Federal and State
agencies, nongovernmental organizations, and stakeholders) are often
established to develop recovery plans. When completed, the recovery
outline, draft recovery plan, and the
[[Page 31509]]
final recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our Kentucky Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their ranges may occur primarily or solely on
non-Federal lands, as is the situation with L. exigua var. laciniata.
To achieve recovery of these species requires cooperative conservation
efforts on private, local government, State, and Tribal lands.
If this species is listed, funding for recovery actions will be
available from a variety of sources, including Federal budgets, State
programs, and cost-share grants for non-Federal landowners, the
academic community, and nongovernmental organizations. In addition,
pursuant to section 6 of the Act, the Commonwealth of Kentucky would be
eligible for Federal funds to implement management actions that promote
the protection and recovery of L. exigua var. laciniata. Information on
our grant programs that are available to aid species recovery can be
found at: http://www.fws.gov/grants.
Although L. exigua var. laciniata is only proposed for listing
under the Act at this time, please let us know if you are interested in
participating in recovery efforts for this species. Additionally, we
invite you to submit any new information on this species whenever it
becomes available and any information you may have for recovery
planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) of the Act requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of the species or
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
For L. exigua var. laciniata, Federal agency actions within the
species' habitat that may require conference or consultation or both as
described in the preceding paragraph include, but may not be limited
to: Issuance of section 404 Clean Water Act permits by the USACE;
construction and management of gas pipeline and power line rights-of-
way by the Federal Energy Regulatory Commission; and construction and
maintenance of roads or highways by the Federal Highway Administration.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to endangered plants.
All prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR
17.61, apply. These prohibitions, in part, make it illegal for any
person subject to the jurisdiction of the United States to import or
export, transport in interstate or foreign commerce in the course of a
commercial activity, sell or offer for sale in interstate or foreign
commerce, or remove and reduce the species to possession from areas
under Federal jurisdiction. In addition, for plants listed as
endangered, the Act prohibits the malicious damage or destruction on
areas under Federal jurisdiction and the removal, cutting, digging up,
or damaging or destroying of such plants in knowing violation of any
State law or regulation, including State criminal trespass law. Certain
exceptions to the prohibitions apply to agents of the Service and State
conservation agencies. Although the KSNPC has designated L. exigua var.
laciniata as endangered within Kentucky, this designation conveys no
legal protection. The Act will, therefore, offer the only protections
to this taxon.
We may issue permits to carry out otherwise prohibited activities
involving endangered and threatened wildlife species under certain
circumstances. Regulations governing permits are codified at 50 CFR
17.22 for endangered species, and at 17.32 for threatened species. With
regard to endangered wildlife, a permit must be issued for the
following purposes: For scientific purposes, to enhance the propagation
or survival of the species and for incidental take in connection with
otherwise lawful activities.
Our policy, as published in the Federal Register on July 1, 1994
(59 FR 34272), is to identify to the maximum extent practicable at the
time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a proposed
listing on proposed and ongoing activities within the range of species
proposed for listing. We believe, based on the best available
information, that the public can take the following actions without
resulting in a violation of section 9, only if these activities are
carried out in accordance with existing regulations and permit
requirements:
(1) Activities authorized, funded, or carried out by Federal
agencies (e.g. utility line construction, maintenance, and improvement;
highway construction, maintenance, and improvement) when such activity
is conducted in accordance with any reasonable and prudent measures
provided by us according to section 7 of the Act.
(2) Normal agricultural and silvicultural practices, including
herbicide and pesticide use, which are carried out in accordance with
any existing regulations, permit and label requirements, and best
management practices.
(3) Normal landscape activities around your own personal residence.
The following activities could potentially result in a violation of
section 9 of the Act; however, this list is not comprehensive:
Unauthorized collecting, handling, possessing, selling, delivering,
carrying, or transporting of the species, including import or export
across State lines and international boundaries, except for properly
documented antique specimens of these taxa at least 100 years old, as
defined by section 10(h)(1) of the Act.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Kentucky
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Requests for copies of the regulations concerning listed plants and
general inquiries regarding prohibitions and permits may be addressed
to the U.S. Fish and Wildlife Service, Ecological Services Division,
1875 Century Boulevard, Atlanta, GA 30345 (Phone 404/679-7313; Fax 404/
679-7081).
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270),
[[Page 31510]]
we will seek the expert opinions of at least three appropriate and
independent specialists regarding this proposed rule. The purpose of
peer review is to ensure that listing the species is based on
scientifically sound data, assumptions, and analyses. We have invited
these peer reviewers to comment during this public comment period on
our specific assumptions and conclusions in this proposed rule.
We will consider all comments and information received during this
comment period on this proposed rule during our preparation of a final
determination. Accordingly, the final decision may differ from this
proposal.
Public Hearings
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. Requests must be received within 45
days after the date of publication of this proposed rule in the Federal
Register. Such requests must be sent to the address shown in the
ADDRESSES section. We will schedule public hearings on this proposal,
if any are requested, and announce the dates, times, and places of
those hearings, as well as how to obtain reasonable accommodations, in
the Federal Register and local newspapers at least 15 days before the
hearing.
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
National Environmental Policy Act (NEPA)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be
prepared in connection with listing a species as endangered or
threatened under the Act. We published a notice outlining our reasons
for this determination in the Federal Register on October 25, 1983 (48
FR 49244).
References Cited
A complete list of all references cited in this rulemaking is
available on the Internet at http://www.regulations.gov or upon request
from the Field Supervisor, Kentucky Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document are the staff members of the
Kentucky Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as follows:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless
otherwise noted.
0
2. In Sec. 17.12(h), add an entry for ``Leavenworthia exigua var.
laciniata'' in alphabetical order under ``Flowering Plants'' in the
List of Endangered and Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Leavenworthia exigua var. Kentucky glade cress U.S.A. (KY)........ Brassicaceae....... T ........... NA NA
laciniata.
* * * * * * *
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[[Page 31511]]
* * * * *
Dated: May 6, 2013.
Rowan W Gould,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-12103 Filed 5-23-13; 8:45 am]
BILLING CODE 4310-55-P