[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44712-44718]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18103]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2013-0087;4500030113]
RIN 1018-AZ11
Endangered and Threatened Wildlife and Plants; Endangered Status
for Physaria globosa (Short's Bladderpod), Helianthus verticillatus
(Whorled sunflower), and Leavenworthia crassa (Fleshy-Fruit Gladecress)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
endangered species status under the Endangered Species Act of 1973
(Act), as amended, for Physaria globosa (Short's bladderpod),
Helianthus verticillatus (whorled sunflower), and Leavenworthia crassa
(fleshy-fruit gladecress). Short's bladderpod occurs in Indiana,
Kentucky, and Tennessee. Whorled sunflower occurs in Alabama, Georgia,
and Tennessee. Fleshy-fruit gladecress occurs only in Alabama. The
effect of this regulation will be to add these species to the List of
Endangered and Threatened Plants.
DATES: This rule is effective September 2, 2014.
ADDRESSES: This final rule is available on the internet at http://www.regulations.gov and http://www.fws.gov/cookeville. Comments and
materials we received, as well as supporting documentation we used in
preparing this rule, are available for public inspection at http://www.regulations.gov. All of the comments, materials, and documentation
that we considered in this rulemaking are available by appointment
during normal business hours at: U.S. Fish and Wildlife Service,
Tennessee Ecological Services Field Office, 446 Neal Street,
Cookeville, TN 38501; telephone 931-528-6481; facsimile 931-528-7075.
FOR FURTHER INFORMATION CONTACT: Mary E. Jennings, Field Supervisor,
U.S. Fish and Wildlife Service, Tennessee Ecological Services Field
Office, (see ADDRESSES above). 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, a species may warrant
protection through listing if it is endangered or threatened throughout
all or a significant portion of its range. Listing a species as an
endangered or threatened species can only be completed by issuing a
rule.
This rule will finalize the listing of Physaria globosa (Short's
bladderpod), Helianthus verticillatus (whorled sunflower), and
Leavenworthia crassa (fleshy-fruit gladecress) as endangered species.
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 listing is warranted for
these species, which are currently at risk throughout all of their
respective ranges due to threats related to:
For Short's bladderpod, potential future construction and
ongoing maintenance of transportation rights-of-way; prolonged
inundation and soil erosion due to flooding and water level
manipulation; overstory shading due to forest succession and shading
and competition from invasive, nonnative plant species; and small
population sizes.
For whorled sunflower, mechanical or chemical vegetation
management for industrial forestry, right-of-way maintenance, or
agriculture; shading and competition resulting from vegetation
succession; limited distribution and small population sizes.
For fleshy-fruit gladecress, loss of habitat due to
residential and industrial development; conversion of agricultural
sites for use as pasture; maintenance of road rights-of-way via mowing
and herbicide treatment prior to seed production; shading due to
natural forest succession; competition from invasive nonnative plants;
off-road vehicles and dumping; limited distribution; and small sizes
and limited genetic variation of some populations.
Peer review and public comment. We sought comments from independent
specialists to ensure that our designation is based on scientifically
sound data, assumptions, and analyses. We invited these peer reviewers
to comment on our listing proposal. We also considered all comments and
information received during the comment period.
Previous Federal Action
Please refer to the proposed listing rule for Short's bladderpod,
whorled sunflower, and fleshy-fruit gladecress (78 FR 47109; August 2,
2013) for a detailed description of previous Federal actions concerning
this species.
We will also be finalizing critical habitat designations for the
Short's bladderpod, whorled sunflower, and fleshy-fruit gladecress
under the Act in the near future.
Summary of Comments and Recommendations
In the proposed rule published on August 2, 2013 (78 FR 47109), we
requested that all interested parties submit written comments on the
proposal by October 1, 2013. We also contacted appropriate Federal and
State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal.
Newspaper notices inviting general public comment were published in the
Cherokee County Herald, The Birmingham News, and The Decatur Daily in
Alabama; the Rome News Tribune in Georgia; The Posey County News in
Indiana; the Lexington Herald-Leader and The State Journal in Kentucky;
and the Jackson County Sentinel, The Tennessean, The Leaf Chronicle,
Carthage Courier, and Hartsville Vidette in Tennessee. We did not
receive any requests for a public hearing. All substantive information
provided during comment periods has either been incorporated directly
into this final determination or addressed in our responses to the
comments below.
Peer Reviewer Comments
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from 15 knowledgeable
individuals with scientific expertise that included familiarity with
one or more of these species and their habitats, biological needs, and
threats. We received
[[Page 44713]]
responses from five of the peer reviewers.
We reviewed all comments received from the peer reviewers for
substantive issues and new information regarding the listing of Short's
bladderpod, whorled sunflower, and fleshy-fruit gladecress. The peer
reviewers generally concurred with our methods and conclusions, and one
of the peer reviewers provided additional information, clarifications,
and suggestions to improve the final rule. Peer reviewer comments are
addressed in the following summary and incorporated into the final rule
as appropriate.
(1) Comment: One peer reviewer informed us about preliminary
results from a research project studying germination ecology of Short's
bladderpod seeds, which has been initiated since the publication of the
proposed rule. Preliminary results from this research indicate that
seed viability is high in the population studied and that when
pretreated with gibberellic acid, Short's bladderpod seeds germinate at
greater proportions under conditions approximating mean diurnal
temperatures that occur during late spring/early autumn and summer,
versus those approximating conditions that occur during early spring/
late autumn.
Our Response: We have incorporated this information in the
Background section for Short's bladderpod.
(2) Comment: One peer reviewer brought to our attention a journal
article (Ooi 2012) reporting results from research indicating that
increasing summer temperatures could raise soil temperatures and
increase loss of soil moisture in open habitats, which could accelerate
loss of viable seeds from the soil because seedling mortality due to
desiccation (drying out of a living organism) could increase following
germination events. The reviewer suggested that this change could
reduce the ability of species like Short's bladderpod to maintain soil
seed banks, which provide resilience for populations to rebound from
declines by recruiting new individuals when favorable conditions for
germination and establishment are present.
Our Response: We agree and have incorporated this information into
this rule in the Summary of the Biological Status and Threats for
Short's bladderpod.
(3) Comment: One peer reviewer brought to our attention studies
examining the influence of the species' mating system on genetic
variation and structure in fleshy-fruit gladecress and on the potential
for the species to hybridize with the closely related Leavenworthia
alabamica (Koelling et al. 2011, Koelling and Mauricio 2010). The
reviewer suggested that these data do not alter conclusions concerning
the level of endangerment of fleshy-fruit gladecress, but that they are
relevant to the analysis under Factor E.
Our Response: We concur and have incorporated this information into
this rule in the Summary of the Biological Status and Threats for
fleshy-fruit gladecress.
(4) Comment: One peer reviewer informed us of published data on
germination phenology in fleshy-fruit gladecress (Caudle and Baskin
1968, p. 334) and a congener (an organism belonging to the same
taxonomic genus as another organism), Leavenworthia stylosa (Baskin and
Baskin 1972), which demonstrated the influence of ambient temperature
on germination phenology in these species.
Our Response: We concur with the data and have incorporated the
information into this rule in the Summary of the Biological Status and
Threats for fleshy-fruit gladecress.
Public Comments
(5) Comment: Among other comments received, a comment from Plum
Creek, a land and timber company, informed us that in April 2013 it
acquired properties in Cherokee County, Alabama, and Floyd County,
Georgia, where the whorled sunflower occurs. These properties were
previously owned by The Campbell Group. Plum Creek acknowledged that
the Coosa Valley Prairie property in Floyd County, Georgia, is
protected by a conservation easement held by The Nature Conservancy,
and expressed its intent to continue to manage that property under an
adaptive management framework designed to benefit the natural
community, including whorled sunflower. Plum Creek also expressed its
intent to manage whorled sunflower where it occurs on their lands
outside of the conservation easement.
Our Response: We have included this new information concerning
ownership of the lands where two whorled sunflower populations are
located into this rule. The Service appreciates Plum Creek's commitment
to work with the conservation community to provide sound management for
whorled sunflower and its habitat on the company's lands where the
species occurs in Alabama and Georgia. The Service will work with Plum
Creek and State conservation agencies in Alabama to develop a
conservation agreement for the Alabama subpopulation located on Plum
Creek lands.
Summary of Changes From Proposed Rule
The changes to this rule are limited to the addition of new
information in the Background and Summary of Biological Status and
Threats sections, which were brought to our attention by peer
reviewers, the public, and the Tennessee Valley Authority (TVA) (see
Background--Fleshy-fruit gladecress, below). The most substantive
change is the addition of one known extant population of fleshy-fruit
gladecress that was not reported in the proposed listing rule, which
brings the total number of known extant occurrences of this species to
seven. The existence of this additional occurrence, which is located in
a TVA transmission line right-of-way and is potentially threatened by
maintenance activities, does not change the determination reached in
the proposed listing rule that fleshy-fruit gladecress should be listed
as endangered.
Background
Short's Bladderpod
Physaria globosa is a member of the mustard family (Brassicaceae)
known from Posey County, Indiana; Clark, Franklin, and Woodford
Counties, Kentucky; and Cheatham, Davidson, Dickson, Jackson,
Montgomery, Smith, and Trousdale Counties, Tennessee. Short's
bladderpod typically grows on steep, rocky, wooded slopes and talus
(sloping mass of rock fragments below a bluff or ledge) areas. It also
occurs along tops, bases, and ledges of bluffs. The species usually is
found in these habitats near rivers or streams and on south- to west-
facing slopes. Most populations are closely associated with calcareous
outcrops (Shea 1993, p. 16). The Short's bladderpod site in Indiana,
where the species is found in a narrow strip of herbaceous vegetation
between a road and forested bank of a cypress slough (M. Homoya,
Natural Heritage Program Botanist, Indiana Department of Natural
Resources, December 2012), is unique among populations of the species.
Short's bladderpod is an upright biennial or perennial (lives for 2
years or longer) with several stems, some branched at the base,
reaching heights up to 50 centimeters (cm) (20 inches (in.)), and which
are leafy to the base of the inflorescence (a group or cluster of
flowers arranged on a stem that is composed of a main branch or a
complicated arrangement of branches). Preliminary results from research
at the Missouri Botanical Garden indicate that seed viability is high
in one of the Tennessee populations they studied and
[[Page 44714]]
that seeds germinated at higher rates under greenhouse conditions
approximating mean diurnal temperatures that occur during late spring/
early autumn and summer, versus those approximating conditions that
occur during early spring/late autumn. Further studies are under way to
develop a protocol for propagating seedlings to reproductive maturity
(M. Albrecht, Assistant Curator of Conservation Biology, Center for
Conservation and Sustainable Development at Missouri Botanical Garden,
September 30, 2013).
Whorled Sunflower
Helianthus verticillatus is a member of the sunflower family known
from Cherokee County, Alabama; Floyd County, Georgia; and McNairy and
Madison Counties, Tennessee. It is found in moist, prairie-like
remnants, which in a more natural condition exist as openings in
woodlands and adjacent to creeks. The Alabama and Georgia populations
are located on flat to gently rolling uplands and along stream terraces
in the headwaters of Mud Creek, a tributary to the Coosa River. In
Tennessee, the Madison County population occurs along Turk Creek, a
tributary to the South Fork Forked Deer River, and in adjacent uplands.
The McNairy County population occurs along Prairie Branch, a headwater
tributary to Muddy Creek in the Tuscumbia River drainage. It is a
perennial arising from horizontal, tuberous-thickened roots with
slender rhizomes. The stems are slender, erect, and up to 2 meters (m)
(6 feet (ft)) tall. The leaves are opposite on the lower stem,
verticillate (whorled) in groups of 3 to 4 at the mid-stem, and
alternate or opposite in the inflorescence at the end. Individual
leaves are firm in texture and have a prominent mid-vein, but lack
prominent lateral veins found in many members of the genus. The flowers
are arranged in a branched inflorescence typically consisting of 3 to 7
heads.
Fleshy-Fruit Gladecress
Fleshy-fruit gladecress is an annual, spring-flowering member of
the mustard family (Brassicaceae) that is endemic to a 21-km (13-mi)
radius area in north central Alabama (Rollins 1963, p. 63). It is a
glabrous (morphological feature is smooth, glossy, having no trichomes
(bristles or hair-like structures)) winter annual known from Lawrence
and Morgan Counties, Alabama. It is a component of glade flora and
occurs in association with limestone outcroppings. Populations of
fleshy-fruit gladecress are now located in glade-like remnants
exhibiting various degrees of disturbance, including pastures, roadside
rights-of-way, and cultivated or plowed fields (Hilton 1997, p. 5). As
with most of the cedar glade endemics, fleshy-fruit gladecress exhibits
weedy tendencies, and it is not uncommon to find the species growing in
altered habitats. It usually grows from 10 to 30 cm (4 to 12 in) tall.
The leaves are mostly basal, forming a rosette, and entire to very
deeply, pinnately (multiple leaflets attached in rows along a central
stem) lobed or divided, to 8 cm (3.1 in) long. Flowers are on
elongating stems, and the petals are approximately 0.8 to 1.5 cm (0.3
to 0.6 in.) long, obovate (ovate with the narrower end basal) to
spatulate (having a broad, rounded end), and emarginate (notched at the
tip).
The proposed listing rule reported that there were only six extant
fleshy-fruit gladecress occurrences. After publication of the proposed
rule, the TVA informed us of the existence of one additional occurrence
that was discovered in 2008, but not included in the proposed listing
rule. As a result, there are currently seven known extant occurrences
of fleshy-fruit gladecress documented, three in Morgan and four in
Lawrence Counties, Alabama. One of these occurs on U.S. Forest Service
lands, where it is formally protected. The occurrence that TVA informed
us about is located in a TVA transmission line right-of-way. A 1961
record from Lauderdale County has never been confirmed (McDaniel and
Lyons 1987, p. 6).
Please refer to the proposed listing rule for Short's bladderpod,
whorled sunflower, and fleshy-fruit gladecress (78 FR 47109; August 2,
2013) for a summary of species information.
Summary of Biological Status and Threats
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.
Short's Bladderpod
The most significant threats to Short's bladderpod were described
in the proposed listing rule (78 FR 47109; August 2, 2013) under
Listing 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 concluded that the loss and degradation of habitat
represents the greatest threat to Short's bladderpod. The main causes
for habitat loss and degradation are potential future construction and
ongoing maintenance of transportation rights-of-way; prolonged
inundation and soil erosion due to flooding and water level
manipulation; and overstory shading due to forest succession and
shading and competition from invasive, nonnative plant species.
Road construction has caused the loss of habitat and all Short's
bladderpod plants at five occurrences, and roadside maintenance or road
widening could adversely affect nearly 40 percent of the extant
occurrences of the species due to their position in roadside habitats.
Future development of a proposed commuter rail project to improve
intercity commute options between the cities of Nashville and
Clarksville, Tennessee (Nashville Area Metropolitan Planning
Organization 2010, p. 98), could affect 27 percent of known extant
occurrences, including some locations where the species is most
abundant. Prolonged inundation and soil erosion due to flooding and
water level fluctuations threaten 19 percent of extant Short's
bladderpod occurrences, most notably the single Indiana occurrence,
where the species has been present in large numbers but recently
experienced a reduction in numbers due to prolonged flooding. The
remaining occurrences threatened by prolonged inundation and soil
erosion are located along reaches of the Cumberland River that are
impounded by Army Corps of Engineers dam projects used for flood
control and navigation. Overstory shading due to natural forest
succession, combined with shading and competition due to invasive,
nonnative shrubs and herbaceous species presents the most widespread,
imminent threat to Short's bladderpod, and has been implicated in the
loss of several historic occurrences. Due to these threats, which are
expected to continue into the foreseeable future, the geographic range
of Short's bladderpod has been reduced to 26 extant occurrences out of
55 that have been tracked by State conservation agencies.
[[Page 44715]]
The Factor E analysis in the proposed listing rule demonstrated
that Short's bladderpod is vulnerable to adverse effects of small
population size, including potential for reduced genetic variation, low
numbers of compatible mates, increased likelihood of inbreeding
depression, and reduced resilience to recover from acute demographic
effects of other threats to the species and its habitat. Fewer than 100
plants have ever been observed at one time at 12 (46 percent) of the 26
extant occurrences, and many of these occurrences are distantly
isolated from other occurrences. Existing threats may be exacerbated by
the effects of ongoing and future climate change, especially projected
increases in temperature and increased frequency and severity of
droughts in the Southeast and projected increases in flooding in the
Midwest. As noted above, increases in soil temperatures and soil
moisture evaporation in response to predicted ambient warming could
accelerate rates of soil seed bank depletion by increasing the seedling
mortality rate (Ooi 2012, pp. S54-S55) and diminish the resilience of
Short's bladderpod populations by reducing the species' ability to
maintain soil seed banks.
A peer reviewer brought to our attention a publication by Ooi
(2012, pp. S54-S55) indicating that increasing summer temperatures
could raise soil temperatures in open habitats, which could lead to
increased evaporation of soil moisture and potentially higher rates of
seedling mortality following germination events. Given the species'
preference for open-canopy habitats that are often located on south- to
west-facing slopes where solar irradiance is high, we agree with the
commenter that accelerated loss of viable seeds in the soil due to
increasing soil temperatures could reduce the resilience of Short's
bladderpod populations by reducing the suitability of the species'
habitat for maintaining soil seed banks. A reduced ability to maintain
soil seed banks would reduce the capacity for populations to rebound
from declines, which could occur during periods of adverse
environmental conditions such as drought or disturbance, by recruiting
new individuals when favorable conditions for germination and
recruitment are restored.
Based on our review of the best available scientific and commercial
information, we conclude that adverse effects associated with small and
often isolated populations, as described in the Factor E analysis, both
alone and in conjunction with the widespread threats described under
Factor A, constitute significant threats to Short's bladderpod.
Whorled Sunflower
The most significant threats to whorled sunflower were described in
the proposed listing rule (78 FR 47109; August 2, 2013) under Listing
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 concluded that the loss and degradation of habitat
represents the greatest threat to whorled sunflower. Past and ongoing
risk of adverse effects from mechanical or chemical vegetation
management for industrial forestry, right-of-way maintenance, or
agriculture is a threat to three of the four extant populations of this
species. Modification of the remnant prairie habitats that the species
occupies due to shading and competition resulting from vegetation
succession also threatens these three populations, limiting growth and
reproductive output of whorled sunflower. These threats are expected to
continue in the foreseeable future. A conservation easement and
suitable habitat management currently alleviates these threats that
otherwise would adversely affect the Georgia population.
The Factor E analysis in the proposed listing rule demonstrated
that whorled sunflower is vulnerable to localized extinction because of
its extremely restricted distribution and small population sizes at
most known locations. There are only four extant populations, and a
fifth historical population has not been observed at the species' type
locality since its collection there in 1892. Small population size
could be affecting reproductive fitness of whorled sunflower by
limiting availability of compatible mates or by causing higher rates of
inbreeding among closely related individuals. Both of these could be
contributing to reduced achene production and viability rates, which
limit the species' ability to recover from acute demographic effects of
habitat loss or modification. The species' dependence on remnant
prairie habitats, which are isolated on the landscape, limits the
potential for recolonization in the event that localized extinction
events occur.
Based on our review of the best available scientific and commercial
information, we conclude that adverse effects associated with extremely
restricted distribution and small and isolated populations, as
described in the Factor E analysis, both alone and in conjunction with
the threats described under Factor A, constitute significant threats to
whorled sunflower.
Fleshy-Fruit Gladecress
The most significant threats to fleshy-fruit gladecress were
described in the proposed listing rule (78 FR 47109; August 2, 2013)
under Listing 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 concluded that the loss and degradation of
habitat represents the greatest threat to fleshy-fruit gladecress. The
species' geographic range has been reduced from 21 occurrences to 7
extant occurrences. The threats to the species from habitat destruction
and modification are occurring throughout the entire range of the
species. These threats include agricultural conversion from row-crop
production to pasture, incompatible agricultural practices including
poorly timed herbicide application or plowing, maintenance of
transportation rights-of-way including mowing and herbicide treatment
prior to seed set along roadsides, off-road vehicles, dumping,
residential and industrial development, and shading and competition. In
addition to these threats, the occurrence located in the TVA
transmission line right-of-way could face threats associated with
incompatible right-of-way maintenance, similar to those occurrences
located in transportation rights-of-way. Converting row-crop fields to
pastures eliminates periodic disturbance from plowing that, when well
timed, arrests succession and creates favorable conditions for
germination and seedling establishment.
Conservation efforts of the U.S. Forest Service have removed
threats associated with off-road vehicle use and encroachment of
invasive species at one site; however, maintenance of transportation or
electrical transmission line rights-of-way and use of off-road vehicles
could adversely affect the other six extant populations. Shading due to
natural forest succession and competition from nonnative invasive
plants presents a significant threat to fleshy-fruit gladecress, and
has been implicated in the loss of five historic occurrences. One site,
reported to be widely open in 1968, is now partially shaded due to
closing of the canopy and the presence of nonnative plants, including
Ligustrum vulgare (common privet) and Lonicera maackii (bush
honeysuckle). These species are significant threats in many glades.
These threats are expected to continue into the foreseeable future.
[[Page 44716]]
The Factor E analysis in the proposed listing rule demonstrated
that fleshy-fruit gladecress is vulnerable to localized extinction
because of the small number of occurrences and the small sizes of many
of the extant populations within its limited range. Small population
sizes could decrease the resilience of some fleshy-fruit gladecress
occurrences to recover from effects of other threats affecting the
species' habitat. There are only seven remaining fleshy-fruit
gladecress occurrences, and only one of these is protected. The loss of
any occurrences would significantly impact the species' viability by
reducing its redundancy on the landscape, which would increase its
vulnerability to stochastic environmental stressors and reduce the
species' resilience to recover from effects of threats discussed in the
above sections. The loss of any occurrences could significantly erode
the species' overall genetic variation, given the high levels of
structuring and apparent low levels of gene flow among populations
(Koelling et al. 2011, pp. 315-316).
In addition to the threats discussed in the Factor E analysis in
the proposed listing rule, data brought to our attention by a peer
reviewer indicate that genetic variation is low in self-compatible
populations of fleshy-fruit gladecress (Koelling et al., pp. 315-316),
which could limit their adaptive potential to respond to environmental
change (Primack 1998, p. 283). Habitat disturbance or unintentional
human movement resulting in contact between populations of fleshy-fruit
gladecress and Leavenworthia alabamica could also present the threat of
hybridization; though, at this time these species do not occur together
in the wild and the potential for hybridization is reduced by
incompatibility between them (Koelling and Mauricio 2010, pp. 417-419).
Based on our review of the best available scientific and commercial
information, we conclude that adverse effects associated with limited
distribution and small size and limited genetic variation of some
populations, as described here and in the Factor E analysis in the
proposed listing rule, both alone and in conjunction with the threats
described under Factor A, constitute significant threats to fleshy-
fruit gladecress.
Please refer to Summary of Factors Affecting the Species section of
the proposed listing rule for a more detailed discussion of the factors
affecting Physaria globosa (Short's bladderpod), Helianthus
verticillatus (whorled sunflower), and Leavenworthia crassa (fleshy-
fruit gladecress). Our assessment evaluated the biological status of
these species and threats affecting their continued existence. The
assessment was based upon the best available scientific and commercial
data.
Determination
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.'' We find that Short's bladderpod,
whorled sunflower, and fleshy-fruit gladecress are presently in danger
of extinction throughout their entire ranges based on the severity and
immediacy of threats currently impacting these species. The overall
ranges of Short's bladderpod and fleshy-fruit gladecress have been
significantly reduced, the range of whorled sunflower encompasses only
four known populations, and the remaining habitat and populations of
all three species are threatened by a variety of factors acting in
combination to reduce their overall viability. The risk of extinction
is high because the remaining populations are in many cases small,
isolated, and have limited potential for recolonization. Therefore, on
the basis of the best available scientific and commercial information,
we are listing Short's bladderpod, whorled sunflower, and fleshy-fruit
gladecress as endangered in accordance with sections 3(6) and 4(a)(1)
of the Act. We find that a threatened species status is not appropriate
for these three plants because of their reduced and restricted ranges,
because the threats are occurring rangewide and are not localized, and
because the threats are ongoing and expected to continue into the
future.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. The threats to the survival of the
species occur throughout their ranges and are not restricted to any
particular significant portion of those ranges. Accordingly, our
assessment and proposed determination applies to the species throughout
their entire ranges.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. 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 and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five
factors that control whether a species remains endangered or 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 (composed of species
experts, Federal and State agencies, nongovernmental organizations, and
stakeholders) are often established to develop recovery plans. When
completed, the recovery outlines, draft recovery plans, and the final
recovery plans will be available on our Web site (http://www.fws.gov/endangered), or from our Tennessee 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
[[Page 44717]]
outreach and education. The recovery of many listed species cannot be
accomplished solely on Federal lands because their range may occur
primarily or solely on non-Federal lands. To achieve recovery of these
species requires cooperative conservation efforts on private, State,
and Tribal lands.
Following publication of this final listing rule, 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 States of Georgia,
Indiana, and Tennessee and the Commonwealth of Kentucky will be
eligible for Federal funds to implement management actions that promote
the protection or recovery of Short's bladderpod and/or whorled
sunflower. The State of Alabama has not entered into a cooperative
agreement with the Service to establish eligibility for receiving
Federal funds to implement management actions that promote the
protection or recovery of plant species listed as threatened or
endangered under the Act. Information on our grant programs that are
available to aid species recovery can be found at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for Short's bladderpod, whorled sunflower, or fleshy-
fruit gladecress. Additionally, we invite you to submit any new
information on these 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 an
endangered or threatened species 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 consultation with the
Service.
Federal agency actions within the species' habitat that may require
conference or consultation or both as described in the preceding
paragraph include management and any other landscape-altering
activities on Federal lands administered by the Army Corps of Engineers
or U.S. Forest Service; issuance of section 10 Rivers and Harbors Act
or section 404 Clean Water Act permits by the Army Corps of Engineers;
herbicide registration by the Environmental Protection Agency;
interstate pipeline construction or maintenance projects authorized by
the Federal Energy Regulatory Commission; technical and financial
assistance for projects provided by the Natural Resources Conservation
Service; railway projects by the Federal Railroad Administration; and
construction and maintenance of roads or highways by the Federal
Highway Administration.
With respect to endangered plants, prohibitions outlined at 50 CFR
17.61 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 to remove and reduce to
possession any such plant species from areas under Federal
jurisdiction. In addition, for endangered plants, the Act prohibits
malicious damage or destruction of any such species on any area under
Federal jurisdiction, and the removal, cutting, digging up, or damaging
or destroying of any such species on any other area in knowing
violation of any State law or regulation, or in the course of any
violation of a State criminal trespass law. Exceptions to these
prohibitions are outlined in 50 CFR 17.62.
We may issue permits to carry out otherwise prohibited activities
involving endangered plants under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.62. With regard to
endangered plants, the Service may issue a permit authorizing any
activity otherwise prohibited by 50 CFR 17.61 for scientific purposes
or for enhancing the propagation or survival of endangered plants.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), 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 listing on
proposed and ongoing activities within the range of listed species.
Based on the best available information, the following actions are
unlikely to result in a violation of section 9, if these activities are
carried out in accordance with existing regulations and permit
requirements:
(1) 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; and
(2) Normal residential landscape activities.
Activities that the Service believes could potentially harm the
Short's bladderpod, whorled sunflower, or fleshy-fruit gladecress and
result in ``take,'' include, but are not limited to:
(1) 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;
(2) Removing and reducing to possession any of the three plant
species from areas under Federal jurisdiction; maliciously damaging or
destroying any of the species on any such area; or removing, cutting,
digging up, or damaging or destroying any of the species on any other
area in knowing violation of any law or regulation of any State or in
the course of any violation of a State criminal trespass law;
(3) Introducing any unauthorized nonnative wildlife or plant
species to States where Short's bladderpod, whorled sunflower, or
fleshy-fruit gladecress occur that compete with or prey upon these
three plant species;
(4) Releasing any unauthorized biological control agents into
States where Short's bladderpod, whorled sunflower, or fleshy-fruit
gladecress occur that attack any life stage of these three plant
species; and
(5) Modifying the habitat of Short's bladderpod, whorled sunflower,
or fleshy-fruit gladecress on Federal lands without authorization or
coverage under the Act for impacts to these species.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Tennessee
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
[[Page 44718]]
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act, need not be prepared in connection with
listing a species as an endangered or threatened species under the
Endangered Species Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination With Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes. There are no known instances of these
three plant species on Tribal lands.
References Cited
A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov and upon request from the
Tennessee Ecological Services Field Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this final rule are the staff members of the
Tennessee and Alabama Ecological Services Field Offices.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we 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; and 4201-4245;
unless otherwise noted.
0
2. Amend Sec. 17.12(h) by adding entries to the List of Endangered and
Threatened Plants for Helianthus verticillatus, Leavenworthia crassa,
and Physaria globosa, in alphabetical order under Flowering Plants, to
read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When Critical Special
Scientific name Common name listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Helianthus verticillatus......... whorled sunflower... U.S.A. (AL, GA, TN) Asteraceae......... E 842 NA NA
Leavenworthia crassa............. fleshy-fruit U.S.A. (AL)........ Brassicaceae....... E 842 NA NA
gladecress.
Physaria globosa................. Short's bladderpod.. U.S.A. (IN, KY, TN) Brassicaceae....... E 842 NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: July 24, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-18103 Filed 7-31-14; 8:45 am]
BILLING CODE 4310-55-P