[Federal Register Volume 79, Number 181 (Thursday, September 18, 2014)]
[Proposed Rules]
[Pages 56041-56047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22242]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2014-0027; 4500030113]
Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition To List Symphyotrichum georgianum as an Endangered or
Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 12-month petition finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
12-month finding on a petition to list the Symphyotrichum georgianum
(Georgia aster) as an endangered species under the Endangered Species
Act of 1973, as amended (Act). After review of the best available
scientific and commercial information, we find that listing the S.
georgianum is not warranted at this time. However, we ask the public to
submit to us any new information that becomes available concerning the
threats to the S. georgianum or its habitat at any time.
DATES: The finding announced in this document was made on September 18,
2014.
ADDRESSES: This finding is available on the Internet at http://www.regulations.gov at Docket Number FWS-R4-ES-2014-0027. Supporting
documentation we used in preparing this finding is available for public
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, Asheville Ecological Services Field Office,
160 Zillicoa St., Asheville, NC 28801. Please submit any new
information, materials, comments, or questions concerning this finding
to the above address.
FOR FURTHER INFORMATION CONTACT: Janet Mizzi, Field Supervisor,
Asheville Ecological Services Field Office (see ADDRESSES); by
telephone at 828-258-3939; or by facsimile at 828-258-5330. If you use
a telecommunications device for the deaf (TDD), please call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires
that, for any petition to revise the Federal Lists of Endangered and
Threatened Wildlife and Plants that contains substantial scientific or
commercial information that listing the species may be warranted, we
make a finding within 12 months of the date of receipt of the petition.
In this finding, we determine that the petitioned action is either: (1)
Not warranted, (2) warranted, or (3) warranted, but the immediate
proposal of a regulation implementing the petitioned action is
precluded by other pending proposals to determine whether species are
endangered or threatened, and expeditious progress is being made to add
or remove qualified species from the Federal Lists of Endangered and
Threatened Wildlife and Plants. Section 4(b)(3)(C) of the Act requires
that we treat a petition for which the requested action is found to be
warranted but precluded as though resubmitted on the date of such
finding, that is, requiring a subsequent finding to be made within 12
months. We must publish these 12-month findings in the Federal
Register.
Previous Federal Actions
Symphyotrichum georgianum was added to the Federal list of
candidate species in 1990 (55 FR 6184) as a category 2 species.
Category 2 species were those for which there was some evidence of
vulnerability, but for which additional biological information was
needed to support a proposed rule to list as endangered or threatened.
Candidate categories were discontinued in 1996 (61 FR 7596) in favor of
maintaining a list that only represented those species for which we
have on file sufficient information on biological vulnerability and
threats to support a proposal to list as endangered or threatened, but
for which immediate preparation and publication of a proposal is
precluded by higher priority listing actions. At that time, S.
georgianum was removed from the candidate species list. In 1999, we
returned S. georgianum to the candidate species list (64 FR 57534), and
it has remained on the candidate list since that time. In the 2007
Candidate Notice of Review (CNOR) (72 FR 69034), the Service downgraded
the species' listing priority number from 5 (magnitude of threat =
high; immediacy of threat = nonimminent) to 8 (magnitude of threat =
moderate; immediacy of threat = imminent) due to an increase in the
number of known populations of S. georgianum and a corresponding
reduction in the magnitude of threats.
On May 11, 2004, we received a petition, dated May 4, 2004, from
the Center for Biological Diversity, requesting that Symphyotrichum
georgianum be listed as an endangered species under the Act. Included
in the petition was supporting information regarding the species'
taxonomy and ecology, historical and current distribution, present
status, and actual and potential causes of decline.
The standard for making a 12-month warranted but precluded finding
on a petition to list a species is identical to our standard for making
a species a candidate for listing. All candidate species identified
through our own initiative already have received the equivalent of
substantial 90-day and warranted-but-precluded 12-month findings.
Nevertheless, we review the status of the newly petitioned candidate
species and through the CNOR publish specific section 4(b)(3) findings
(i.e., substantial 90-day and warranted-but-precluded 12-month
findings) in response to the petitions to list these candidate species.
We publish these findings as part of the first CNOR following receipt
of the petition. At the time we received the petition, Symphyotrichum
georgianum was already on the candidate species list. Therefore, we had
determined it was warranted for listing but precluded by higher
priority listing actions. We reviewed the status of S. georgianum in
every CNOR since the petition was received in 2004.
Under the 2011 Multi-District Litigation (MDL) settlement
agreements, the Service agreed to systematically, over a period of 6
years, review and address the needs of 251 candidate species to
determine if they should be added to the Federal Lists of Endangered
and Threatened Wildlife and Plants. Symphyotrichum georgianum was on
that list of candidate species. Therefore, the Service is making this
finding at this time in order to comply with the conditions outlined in
the MDL agreement.
This notice constitutes a new 12-month finding and listing
determination for Symphyotrichum georgianum and supersedes all previous
findings.
Species Information
Symphyotrichum georgianum is a flowering plant with large heads, 5
centimeters (cm) (2 inches (in)) across (containing numerous flowers),
with dark purple rays up to 2.5 cm (0.9 in) long, and thick, lanceolate
(narrow, and tapering toward the apex of the leaf) to oblanceolate
(having a rounded apex and a tapering base), scabrous (having small
raised dots, scales, or points), clasping leaves. Flowering occurs from
early October to mid-November. Disk flowers are white fading to a light
or dull lavender, tan or white as they mature, resulting in a
difference between colors of early and mature disk corollas (the inner
envelope of floral leaves of a flower). The ribbed achenes
[[Page 56042]]
(small, dry, one-seeded fruit) are up to 4 millimeters (0.1 in) long,
with evenly distributed spreading trichomes (small hairs from the outer
layer of a plant). Symphyotrichum georgianum can be distinguished from
the similar S. patens by its dark purple rays (compared to the light
lavender rays of S. patens), and white to lavender disk flowers
(compared to the yellow disk flowers of S. patens) (Weakley 2011, p.
968).
Various species of butterflies and bumblebees have been observed
pollinating the flowers, but these have not yet been identified to
species (Matthews 1993, p. 21). The main mode of reproduction is
vegetative. Plants are usually colonial, with one to two stems arising
from each underground part.
Taxonomy and Species Description
Alexander initially described the species as Aster georgianus based
on a specimen collected by Cuthbert in 1898 from Augusta (Richmond
County), Georgia (Small 1933, p. 1381). The distribution was listed as
the coastal plain and piedmont of Georgia and South Carolina. When
Cronquist (1980) prepared the treatment of the Asteraceae for the
Southeastern Flora, he included A. georgianus as a variety of A.
patens. Jones (1983), in a Ph.D. dissertation on the Systematics of
Aster Section Patentes (Vanderbilt University, TN), provided
morphological (relating to form and structure of a plant or animal or
its parts), cytological (cell-based), geographic distributional, and
ecological evidence that supported consideration of this taxon as a
distinct species.
The genus Aster L. (sensu lato (in the broad sense)) contains 250-
300 species that occur in the northern Hemisphere of Eurasia and North
America, with a few species occurring in South America (Nesom 1994).
Recent evidence (derived from morphological and molecular characters as
well as chromosome counts) supports earlier contentions that North
American species are distinct from Eurasian and South American species,
and a major revision of the genus is needed (e.g., Nesom 1994; Noyes
and Rieseberg, 1999; Brouillet et al. 2001; Semple et al. 1996).
According to these findings, the currently accepted nomenclature for
this taxon is Symphyotrichum georgianum (Alexander) Nesom.
Habitat
Symphyotrichum georgianum occupies woodlands and piedmont prairies.
Soils vary from sand to heavy clay, with pH ranging from 4.4 to 6.8 at
the sites sampled for a 1993 study on the species (Matthews 1993, p.
20). The primary controlling factor appears to be the availability of
light. The species is a good competitor with other early successional
species, but tends to decline when shaded by woody species. Populations
can persist for an undetermined length of time in the shade, but these
rarely flower (Matthews 1993, p. 20) and reproduce only by rhizomes
(horizontal underground stems that put out lateral shoots and
adventitious roots at intervals).
Distribution
Symphyotrichum georgianum is a relict species of post oak savanna/
prairie communities that existed across much of the southeastern United
States prior to widespread fire suppression and extirpation of large
native grazing animals (e.g., bison). The species appears to have been
extirpated from Florida (Leon County), one of the five States in which
it originally occurred. Symphyotrichum georgianum is presumed extant in
5 counties in Alabama, 15 counties in Georgia, 9 counties in North
Carolina, and 14 counties in South Carolina (Figure 1). The species has
been documented at 283 site-specific locations that (due to the
proximity of many sites) aggregate into 146 probable populations of the
species. Of these 146 populations, 118 are presumed extant.
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP18SE14.014
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BILLING CODE 4310-55-C
Life History
A genetic study completed in 2013 supports the hypothesis that
Symphyotrichum georgianum is a perennial outcrossing species due to the
majority of its genetic variation being partitioned within populations
(87.5%) with less (12.3%) partitioned among populations within States.
The genetic relationships among populations roughly reflected
geographic proximity, with populations grouping into three groups:
Alabama, Georgia, and the Carolinas. This genetic study suggests no
difference in genetic variation or seed fitness between large and small
populations of S. georgianum (Gustafson 2013, pp. 4-5). A seed
viability analysis study, done by the Atlanta Botanical Garden, showed
that across the range of the species, the percentage of filled seed
ranged from 77 percent to 99 percent with a trend for smaller
populations to have higher percentages of filled seed. Seed germination
ranged from 20 to 90 percent, with seeds from North Carolina
populations having significantly lower germination percentages than
seeds from other States (Cruse-Sanders 2013, p. 1).
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and implementing regulations
(50 CFR 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Federal Lists of
Endangered and Threatened Wildlife and Plants. Under section 4(a)(1) of
the Act, a species may be determined to be endangered or threatened
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; or
(E) Other natural or manmade factors affecting its continued
existence.
In making this finding, information pertaining to the S. georgianum
in relation to the five factors provided in section 4(a)(1) of the Act
is discussed below. In considering what factors might constitute
threats, we must look beyond the mere exposure of the species to the
factor to determine whether the species responds to the factor in a way
that causes actual impacts to the species. If there is exposure to a
factor, but no response, or only a positive response, that factor is
not a threat. If there is exposure and the species responds negatively,
the factor may be a threat, and we then attempt to determine how
significant a threat it is. If the threat is significant, it may drive
or contribute to the risk of extinction of the species such that the
species warrants listing as endangered or threatened as those terms are
defined by the Act. This finding does not necessarily require empirical
proof of a threat. The combination of exposure and some corroborating
evidence of how the species is likely impacted could suffice. The mere
identification of factors that could impact a species negatively is not
sufficient to compel a finding that listing is appropriate; we require
evidence that these factors are operative threats that act on the
species to the point that the species meets the definition of an
endangered or threatened species under the Act.
In making our 12-month finding on the petition we considered and
evaluated the best available scientific and commercial information.
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
The destruction and loss of habitat due to development can
detrimentally affect small populations of many rare or locally endemic
species, including Symphyotrichum georgianum. Habitat loss due to
development has been considered a threat to the species in the States
where it currently is found, and historically throughout its range (M.
(Franklin) Buchanan, pers. comm. 2007; A. Schotz, pers. comm. 2007).
Disturbance (e.g., fire, native grazers) is a part of this species'
habitat requirements. The historical sources of this disturbance have
been virtually eliminated from S. georgianum's range, except where
road, railroad, and rights-of-way (ROW) maintenance is mimicking the
missing natural disturbances. The habitat of some existing populations
continues to be subject to destruction, modification, or curtailment
due to planned residential subdivision development, highway expansion/
improvement projects, and woody succession due to fire suppression.
Conservation Efforts To Reduce Habitat Destruction, Modification, or
Curtailment of Its Range
Conservation partners have been working to manage Symphyotrichum
georgianum, and improvements are continually being made in population
size and vigor. A few examples of work by our partners to conserve this
plant are highlighted below.
Georgia Department of Natural Resources
Oaky Woods Wildlife Management Area in Georgia has used prescribed
fires to help manage for this species. In October 2006, Symphyotrichum
georgianum (one patch with five flowering-stems) was discovered on the
largest prairie remnant in Oaky Woods. Regular winter and early growing
season burns every 1 to 3 years on the S. georgianum prairie since 2007
greatly enhanced the prairie. By 2012, the small patch had increased to
more than 80 flowering stems in a 30 meter (m) by 10 m area, and
several new patches have been found on other parts of the prairie
habitat (T. Patrick, pers. comm. 2013).
U.S. Forest Service (USFS)
The USFS has been thinning woody vegetation, conducting prescribed
burns, and treating for nonnative invasive species to manage for
Symphyotrichum georgianum on national forest land throughout the
species' range. For example, management has aided many populations on
the Chattahoochee National Forest in Georgia. As of 2013, nine
populations, totaling roughly 5,000 S. georgianum stems, grow on the
Chattahoochee National Forest. The Chattahoochee National Forest is
also working with partners on propagation and out-planting (J. Baggs,
pers. comm. 2013). The Talladega National Forest contains Alabama's
largest population (approximately 4,000 individuals). In 2008, the
Talladega National Forest thinned longleaf pine (Pinus palustris)
stands to savannah conditions specifically to aid the S. georgianum
population. The Talladega National Forest is partnering with Auburn
University to grow and plant approximately 2,000 S. georgianum
seedlings (G. Shurette, pers. comm. 2013). The Uwharrie National Forest
in North Carolina reduced the basal area (average amount of an area
occupied by tree stems) of an oak-hickory forest adjacent to a S.
georgianum population from 100 square feet (ft\2\) to less than 40
ft\2\ in 2002. This area was burned in 2003 with the fireline
constructed next to the original S. georgianum population of 60 stems.
This population expanded into the fireline by 2004, and stem counts in
2010 and 2011 indicated a 25-fold increase from 1998 counts (G.
Kauffman, pers. comm. 2013). Sumter National Forest is using
propagation, out-planting, prescribed-fire, and woody vegetation
thinning to increase S. georgianum population size (R. Mackie,
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pers. comm. 2013). More than 7,000 individuals of S. georgianum from 13
populations grow on the Sumter National Forest in South Carolina.
National Park Service
The Chattahoochee River National Recreation Area in Georgia
annually monitors the populations that grow in the park. In
coordination with the Georgia Department of Transportation, plants were
rescued from a road-widening site within the park in 2012 and planted
near a parking lot which is maintained via weed-trimming in winter
months. This site now has 256 stems showing good viability (Read and
Pierson 2012).
State Departments of Transportation
In Georgia, North Carolina and South Carolina, populations have
been relocated in advance of road improvement activities that would
have destroyed or modified S. georgianum habitat.
Summary of Factor A
Since the Service added Symphyotrichum georgianum to the candidate
list in 1999, more than 50 additional populations of the species have
been discovered. There are currently 118 known populations of the
species occurring in 4 States. While an unknown number of S. georgianum
populations may be subject to future habitat loss due to development, a
minimum of 55 populations occur on lands managed for conservation.
These populations are not subject to development and are being managed
to maintain and enhance S. georgianum.
Therefore, we conclude, based on the best scientific and commercial
information available, that the present or threatened destruction,
modification, or curtailment of its habitat or range is not considered
a threat to this species, nor is it likely to become a threat in the
foreseeable future.
Candidate Conservation Agreement (CCA)
The Service has also worked with partners to create a CCA to
establish a formal framework for public and private landowners to
continue to cooperate on actions (like those described above) that
conserve, manage, and improve Symphyotrichum georgianum populations
range-wide. Signed by multiple landowners in May 2014, the CCA is
voluntary and flexible in nature and aims to continue to reduce habitat
destruction, modification, or curtailment of S. georgianum range
through management techniques designed to mimic natural disturbance by
natural or prescribed fire or direct management such as mowing or
silvicultural techniques.
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
This species is not currently known to be a significant component
of the commercial trade, and the Service is not aware of any
utilization of Symphyotrichum georgianum for recreational, scientific,
or educational purposes. Furthermore, we found no information
indicating that overutilization has led to the loss of populations or a
significant reduction in numbers of individuals of this species.
Therefore, we conclude based on the best scientific and commercial
information available that overutilization for commercial,
recreational, scientific, or educational purposes does not currently
pose a threat to S. georgianum, nor is it likely to become a threat in
the foreseeable future.
Factor C. Disease or Predation
In 2010 and 2011, researchers from the North Carolina Botanical
Garden, USFS and the Service found larvae (not yet identified) feeding
on seeds inside the heads of Symphyotrichum georgianum at all sites
visited in North Carolina. This activity was also observed in other
Asteraceae blooming in the fall during the same study period. Percent
of infested heads varied by site and ranged from 10 percent to 40
percent of S. georgianum seed heads present. Seeds in infested heads
seemed to have low to no viability.
There was evidence of deer browse and reduced seed set at one North
Carolina site in 2011 (M. Kunz, pers. comm. 2012). The North Carolina
Department of Transportation (NCDOT) found that one population they
helped to conserve was heavily impacted by deer browse, prompting them
to place deer fencing around transplants in a conservation area (Herman
and Frazer 2012, p. 3). Many of Georgia's populations are also impacted
by deer browse (M. Moffet and T. Patrick, pers. comm. 2013).
Conservation Efforts to Reduce Disease or Predation
The NCDOT placed deer fencing around one population of S.
georgianum that they helped conserve.
Although there is evidence showing this species has been impacted
by disease and predation, we found no information indicating that
disease or predation on Symphyotrichum georgianum has led to the loss
of populations or a significant reduction in numbers of individuals for
this species. Therefore, we conclude, based on the best scientific and
commercial information available, that disease or predation does not
currently pose a threat to the species, nor is it likely to become a
threat in the foreseeable future.
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, to protect such species . . .'' In relation to Factor D under
the Act, we interpret this language to require the Service to consider
relevant Federal, State and tribal laws, plans, 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. Having evaluated the significance of the
threat as mitigated by any such conservation efforts, we analyze under
Factor D the extent to which regulatory mechanisms are inadequate to
address the specific threats to the species. Regulatory mechanisms, if
they exist, may reduce or eliminate the impacts from one or more
identified threats. We give strongest weight to statutes and their
implementing regulations and to management direction that stems from
those laws and regulations. An example would be State governmental
actions enforced under a State statute or constitution or Federal
action under statute.
State Regulations
The North Carolina Plant Conservation and Protection Act (NC State
Code Article 19B, Sec. 106-202.12) provides limited protection from
unauthorized collection and trade of plants listed under that statute.
However, this statute was not designed to protect the species or its
habitat from destruction in conjunction with development projects or
otherwise legal activities. Plant species are afforded some protection
in South Carolina; they are protected from disturbance where they occur
on properties owned by the State and specifically managed as South
Carolina Heritage Preserves (SC State Code of Regulations Part 123
Sec. 200-204). Portions of two South Carolina populations occur on
State park land and are afforded some protection by this State statute.
Collection of S. georgianum on public lands without a permit is
prohibited in Georgia under the Georgia Wildflower Preservation Act of
1973. However, no such provisions
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are afforded to plants found on privately owned lands in the State. The
species does not receive any specific legal protections from State laws
or regulations in Alabama.
Federal Regulations
Thirty-eight extant populations of Symphyotrichum georgianum occur
on Federal lands (USFS National Forest lands, including the
Chattahoochee-Oconee, Sumter, Talladega, and Uwharrie National Forests;
National Park Service (NPS) lands, including the Chattahoochee River
National Recreation Area and Kings Mountain National Military Park; the
Cahaba River National Wildlife Refuge; and land owned by the U.S. Army
Corps of Engineers).
The USFS has to maintain viability of this plant on each planning
unit where it occurs because Symphyotrichum georgianum is a USFS region
8 sensitive species (USFS Handbook 2670 written in 1991, updated by the
regional forester in 2001 with S. georgianum added). The USFS considers
the effects of their actions on the viability of sensitive species
through the National Environmental Policy Act process. As defined by
USFS policy, actions should not result in loss of species' viability or
create significant trends toward the need for Federal listing.
National Park Service policies (NPS 2006) state that ``The National
Park Service will inventory, monitor, and manage state and locally
listed species in a manner similar to its treatment of federally listed
species to the greatest extent possible. In addition, the NPS will
inventory other native species that are of special management concern
to parks (such as rare, declining, sensitive, or unique species and
their habitats) and will manage them to maintain their natural
distribution and abundance.''
Management practices being implemented by the USFS and NPS through
their policies help abate the threat of habitat destruction,
modification, or curtailment to 36 Symphyotrichum georgianum
populations on Federal lands.
Tribal Regulations
We are not aware of any populations of Symphyotrichum georgianum
that occur on tribal lands; therefore, there are no tribal regulations
that would apply.
Existing regulatory mechanisms are working as designed to reduce or
minimize impacts to Symphyotrichum georgianum. Therefore, we conclude,
based on the best scientific and commercial information available, that
the inadequacy of existing regulatory mechanisms does not currently
pose a threat to S. georgianum, nor is it likely to become a threat in
the foreseeable future.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
Due to the elimination of historical sources of disturbance that
helped maintain suitable habitat conditions for the species, most of
the known populations of Symphyotrichum georgianum are now found
adjacent to roads, railroads, utility ROW, and other openings where
land management mimics natural disturbance regimes. However, at these
locations S. georgianum also is inherently vulnerable to accidental
destruction from herbicide application, road shoulder grading, and
other maintenance activities. More utility companies and railroads are
shifting to herbicide spraying instead of mowing for longer lasting
control of vegetation growth. Repeated mowing of S. georgianum
populations during the height of the growing season can reduce
population vigor, and may eventually kill plants, but these effects
take longer to manifest than direct application of herbicides during
the growing season.
Several sites are impacted by the encroachment of invasive exotic
plants. Examples of these invasive exotic plants include autumn olive
(Elaeagnus umbellata), Japanese honeysuckle (Lonicera japonica),
bicolor lespedeza (Lespedeza bicolor), sericea (Lespedeza cuneata),
kudzu (Pueraria lobata), Johnson grass (Sorghum halepense) and Bahia
grass (Paspalum notatum). At this time, however, we have no information
on the nature or extent of the impacts of invasive plants.
Conservation Efforts To Reduce Other Natural or Manmade Factors
Affecting Its Continued Existence
The NCDOT signed a Memorandum of Understanding (MOU) with the North
Carolina Department of Environment and Natural Resources (NCDENR) in
1990. Under the MOU, NCDOT agrees to protect populations of North
Carolina rare species that occur on NCDOT ROW. In addition to other
management actions, under this agreement, NCDOT does not mow in the
height of the growing season, and they do not use herbicides near known
Symphyotrichum georgianum populations.
Since Symphyotrichum georgianum was added to the candidate species
list in 1999, many threats have been reduced or abated, including
potential threats from herbicide application, and other road and
utility ROW maintenance activities.
Therefore, we conclude, based on the best scientific and commercial
information available, that the threat of other natural or manmade
factors has been reduced considerably, and these factors do not
currently pose a threat to Symphyotrichum georgianum, nor are they
likely to in the foreseeable future.
As described under Factor A, the CCA formalizes management
activities that partners have already been implementing to protect and
enhance S. georgianum and its habitat.
Cumulative Effects From Factors A through E
None of the cumulative impacts will rise to the level that warrants
listing under the Act. The current and threatened destruction,
modification, and curtailment of the habitat and range of the species
(Factor A) are a concern for the species in the States where it
currently is found. Residential subdivision development, highway
expansion/improvement projects, and woody succession due to fire
suppression are all stressors to habitat. However, these stressors are
abated in a large percentage (45 percent) of known populations due to
management practices currently being undertaken by USFS, NPS, and
multiple State agencies. Existing State regulatory mechanisms were not
designed to protect the species or its habitat from destruction in
conjunction with development projects or otherwise legal activities,
which is a concern. However, the Federal regulations implemented by the
USFS and NPS help to protect 36 populations. As described in Factor E,
management (mowing and herbicide applications) of roadside and utility
ROW, where the majority of the known remaining populations occur, can
directly kill the plants. This stressor has been abated in NCDOT ROW
due to their MOU with NCDENR.
The CCA simply formalized these ongoing management practices. These
management actions will continue to be implemented throughout the
species' range.
Finding
As required by the Act, we considered the five factors in assessing
whether Symphyotrichum georgianum is endangered or threatened
throughout all of its range. We examined the best scientific and
commercial information available regarding the past, present, and
future threats faced by S. georgianum. We reviewed the petition,
information available in our files, and other available published and
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unpublished information, and we consulted with recognized S. georgianum
experts and other Federal and State agencies.
The species is relatively widely distributed across 4 States with
an estimated 118 existing populations. Recent information indicates the
species is more abundant now than when we initially identified it as a
candidate for listing in 1999 when approximately 60 populations were
known. Due to this increase in known abundance of Symphyotrichum
georgianum, the magnitude of threats has been reduced, as noted
previously in our downgrading of the species' listing priority number
in the Service's 2007 CNOR (72 FR 69034).
Based on our review of the best available scientific and commercial
information pertaining to the five factors, we find that the threats
are not of sufficient imminence, intensity, or magnitude to indicate
that the Symphyotrichum georgianum is in danger of extinction
(endangered), or likely to become endangered within the foreseeable
future (threatened), throughout all of its range.
Distinct Vertebrate Population Segment (DPS)
Symphyotrichum georgianum is not a vertebrate, and therefore the
Service's DPS policy does not apply.
Significant Portion of the Range
Under the Act and our implementing regulations, a species may
warrant listing if it is an endangered or a threatened species
throughout all or a significant portion of its range. The Act defines
``endangered species'' as any species which is ``in danger of
extinction throughout all or a significant portion of its range,'' and
``threatened species'' as any species which is ``likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range.'' The term ``species'' includes ``any
subspecies of fish or wildlife or plants, and any distinct population
segment [DPS] of any species of vertebrate fish or wildlife which
interbreeds when mature.'' We published a final policy interpretating
the phrase ``Significant Portion of its Range'' (SPR) (79 FR 37578).
The final policy states that (1) if a species is found to be an
endangered or a threatened species throughout a significant portion of
its range, the entire species is listed as an endangered or a
threatened species, respectively, and the Act's protections apply to
all individuals of the species wherever found; (2) a portion of the
range of a species is ``significant'' if the species is not currently
an endangered or a threatened species throughout all of its range, but
the portion's contribution to the viability of the species is so
important that, without the members in that portion, the species would
be in danger of extinction, or likely to become so in the foreseeable
future, throughout all of its range; (3) the range of a species is
considered to be the general geographical area within which that
species can be found at the time FWS or NMFS makes any particular
status determination; and (4) if a vertebrate species is an endangered
or a threatened species throughout an SPR, and the population in that
significant portion is a valid DPS, we will list the DPS rather than
the entire taxonomic species or subspecies.
The SPR policy is applied to all status determinations, including
analyses for the purposes of making listing, delisting, and
reclassification determinations. The procedure for analyzing whether
any portion is an SPR is similar, regardless of the type of status
determination we are making. The first step in our analysis of the
status of a species is to determine its status throughout all of its
range. If we determine that the species is in danger of extinction, or
likely to become so in the foreseeable future, throughout all of its
range, we list the species as an endangered (or threatened) species and
no SPR analysis will be required. If the species is neither an
endangered nor a threatened species throughout all of its range, we
determine whether the species is an endangered or a threatened species
throughout a significant portion of its range. If it is, we list the
species as an endangered or a threatened species, respectively; if it
is not, we conclude that listing the species is not warranted.
When we conduct an SPR analysis, we first identify any portions of
the species' range that warrant further consideration. The range of a
species can theoretically be divided into portions in an infinite
number of ways. However, there is no purpose to analyzing portions of
the range that are not reasonably likely to be significant and either
an endangered or a threatened species. To identify only those portions
that warrant further consideration, we determine whether there is
substantial information indicating that (1) the portions may be
significant and (2) the species may be in danger of extinction in those
portions or likely to become so within the foreseeable future. We
emphasize that answering these questions in the affirmative is not a
determination that the species is an endangered or a threatened species
throughout a significant portion of its range--rather, it is a step in
determining whether a more detailed analysis of the issue is required.
In practice, a key part of this analysis is whether the threats are
geographically concentrated in some way. If the threats to the species
are affecting it uniformly throughout its range, no portion is likely
to warrant further consideration. Moreover, if any concentration of
threats apply only to portions of the range that clearly do not meet
the biologically based definition of ``significant'' (i.e., the loss of
that portion clearly would not be expected to increase the
vulnerability to extinction of the entire species), those portions will
not warrant further consideration.
If we identify any portions that may be both (1) significant and
(2) endangered or threatened, we engage in a more detailed analysis to
determine whether these standards are indeed met. The identification of
an SPR does not create a presumption, prejudgment, or other
determination as to whether the species in that identified SPR is an
endangered or a threatened species. We must go through a separate
analysis to determine whether the species is an endangered or a
threatened species in the SPR. To determine whether a species is an
endangered or a threatened species throughout an SPR, we will use the
same standards and methodology that we use to determine if a species is
an endangered or a threatened species throughout its range.
Depending on the biology of the species, its range, and the threats
it faces, it may be more efficient to address the ``significant''
question first, or the status question first. Thus, if we determine
that a portion of the range is not ``significant,'' we do not need to
determine whether the species is an endangered or a threatened species
there; if we determine that the species is not an endangered or a
threatened species in a portion of its range, we do not need to
determine if that portion is ``significant.''
We evaluated the current range of Symphyotrichum georgianum to
determine if there is any apparent geographic concentration of
potential threats for this species. We examined potential threats and
found no concentration of threats that suggests that S. georgianum may
be in danger of extinction in a portion of its range. We found no
portions of the range where potential threats are significantly
concentrated or substantially greater than in other portions of its
range. Therefore, we find that the factors affecting S. georgianum are
essentially uniform throughout its range, indicating no portion of the
range warrants further
[[Page 56047]]
consideration of possible endangered or threatened status under the
Act.
Our review of the best available scientific and commercial
information indicates that the Symphyotrichum georgianum is not in
danger of extinction (endangered) nor likely to become endangered
within the foreseeable future (a threatened species), throughout all or
a significant portion of its range. Therefore, we find that listing
Symphyotrichum georgianum as an endangered or threatened species under
the Act is not warranted at this time.
We request that you submit any new information concerning the
status of, or threats to, Symphyotrichum georgianum to our Asheville
Ecological Services Field Office (see ADDRESSES) whenever it becomes
available. New information will help us monitor S. georgianum and
encourage its conservation. If an emergency situation develops for S.
georgianum, we will act to provide immediate protection.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the Asheville
Ecological Services Field Office (see ADDRESSES).
Author(s)
The primary authors of this notice are the staff members of the
Asheville Ecological Services Field Office.
Authority
The authority for this section is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 8, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-22242 Filed 9-17-14; 8:45 am]
BILLING CODE 4310-55-P