[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Proposed Rules]
[Pages 62450-62455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21588]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2016-0099; 4500030113]
RIN 1018-BA74


Endangered and Threatened Wildlife and Plants; Endangered Species 
Status for Guadalupe Fescue

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list Festuca ligulata (Guadalupe fescue), a plant species from the 
Chihuahuan Desert of west Texas and Mexico, as an endangered species 
under the Endangered Species Act of 1973, as amended (Act). If we 
finalize this rule as proposed, it would extend the Act's protections 
to this species.

DATES: We will accept comments received or postmarked on or before 
November 8, 2016. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, 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 FOR FURTHER 
INFORMATION CONTACT by October 24, 2016

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, enter FWS-R2-ES-2016-0099, 
which is the docket number for this rulemaking. Then click on the 
Search button. On the resulting page, in the Search panel on the left 
side of the screen, under the Document Type heading, click on the 
Proposed Rules link to locate this document. 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-R2-ES-2016-0099, U.S. Fish and Wildlife 
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, U.S. 
Fish and Wildlife Service, Austin Ecological Services Field Office, 
10711 Burnet Rd., Suite 200, Austin, TX 78758; telephone 512-490-0057; 
or facsimile 512-490-0974. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Information Requested

Public Comments

    We intend that any final action resulting from this proposed rule 
will be based on the best available scientific and commercial data and 
will be as accurate and as effective as possible. Therefore, we request 
comments or information from 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) Guadalupe fescue's biology, range, and population trends, 
including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for soils, reproduction, and associated species;
    (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) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (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.
    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 (16 U.S.C. 
1531 et seq.) 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 above in ADDRESSES. We request that 
you send comments only by the methods described in ADDRESSES.
    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. We 
will post all hardcopy submissions on http://www.regulations.gov.
    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, Austin Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

[[Page 62451]]

Public Hearing

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received by the date 
specified above in DATES. Such requests must be sent to the address 
shown in FOR FURTHER INFORMATION CONTACT. 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.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we are seeking the 
expert opinions of three appropriate and independent specialists 
regarding this proposed rule. The purpose of peer review is to ensure 
that our listing determination is based on scientifically sound data, 
assumptions, and analyses. The peer reviewers have expertise in the 
natural history, habitats, distribution, and ecology of Guadalupe 
fescue. The peer reviewers are currently reviewing the Species Status 
Assessment (SSA Report) for Guadalupe fescue, which will inform our 
determination.

Previous Federal Action

    On January 9, 1975, as directed by the Act, the Secretary for the 
Smithsonian Institution submitted a report to Congress on potential 
endangered and threatened plant species of the United States 
(Smithsonian 1975, entire). The report identified more than 3,000 plant 
species as potentially either endangered or threatened, including 
Festuca ligulata (Guadalupe fescue). On July 1, 1975, we published in 
the Federal Register (40 FR 27824) our notification that we considered 
this report to be a petition to list the identified plants as either 
endangered or threatened under the Act. The 1975 notice solicited 
information from Federal and State agencies, and the public, on the 
status of the species.
    On December 15, 1980, we published a comprehensive notice of review 
of native plants (45 FR 82480) that included Guadalupe fescue as a 
Category 2 candidate species. Category 2 candidates were taxa for which 
information then in the possession of the Service indicated that 
proposing to list as endangered or threatened species was possibly 
appropriate, but for which sufficient data on biological vulnerability 
and threats were not then available to support proposed rules. We 
retained the Category 2 status for Guadalupe fescue in updated notices 
of review of vascular plant taxa on September 27, 1985 (50 FR 39526), 
and February 21, 1990 (55 FR 6184). In a notice of review published on 
September 30, 1993 (58 FR 51144), we revised the status of Guadalupe 
fescue to a Category 1 candidate, meaning that the Service had on file 
sufficient information on biological vulnerability and threat(s) to 
support a proposal to list it as an endangered or threatened species, 
but that a proposed rule had not yet been issued because this action 
was precluded at that time by other listing activities. The candidate 
notice of review published on February 28, 1996 (61 FR 7596), 
eliminated categories within candidate species, and Guadalupe fescue 
was included as a candidate with a listing priority number of 8. The 
listing priority number was revised to 11 on October 25, 1999 (64 FR 
57534), based on the commitment of Big Bend National Park to manage 
habitat for the species through a candidate conservation agreement 
(CCA). On May 4, 2004 (69 FR 24876), we indicated that Guadalupe fescue 
remained a candidate following a re-submitted petition. We have 
retained the candidate status for Guadalupe fescue, with a listing 
priority number of 11, in all subsequent notices of review (70 FR 
24870, May 11, 2005; 71 FR 53756, September 12, 2006; 72 FR 69034, 
December 6, 2007; 73 FR 75176, December 10, 2008; 74 FR 57804, November 
9, 2009; 75 FR 69222, November 10, 2010; 76 FR 66370, October 26, 2011; 
77 FR 69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79 FR 
72450, December 5, 2014; 80 FR 80584, December 24, 2015).
    Elsewhere in this issue of the Federal Register, we propose to 
designate critical habitat for Guadalupe fescue under the Act.

Background

    Staff of the Austin Ecological Services Field Office developed the 
SSA Report for Guadalupe fescue, which is an evaluation of the best 
available scientific and commercial data on the status of the species, 
including the past, present, and future threats to this species and the 
effect of conservation measures. The SSA Report and other materials 
related to this proposal are available online at http://www.regulations.gov, under Docket No. FWS-R2-ES-2016-0099, and on the 
Southwest Region Ecological Services Web site at: https://www.fws.gov/southwest/es/AustinTexas/ESA_Our_species.html.
    The SSA Report (Service 2016) is based on a thorough review of the 
natural history, habitats, ecology, populations, and range of Guadalupe 
fescue. The SSA Report analyzes individual, population, and species 
requirements; factors affecting the species' survival; and current 
conditions to assess the species' current and future viability in terms 
of resiliency, redundancy, and representation. We define viability as 
the ability of a species to maintain populations over a defined period 
of time.
    Resiliency refers to the population size necessary to endure 
stochastic environmental variation (Shaffer and Stein 2000, pp. 308-
310). Resilient populations are better able to recover from losses 
caused by random variation, such as fluctuations in recruitment 
(demographic stochasticity), variations in rainfall (environmental 
stochasticity), or changes in the frequency of wildfires.
    Redundancy refers to the number and geographic distribution of 
populations or sites necessary to endure catastrophic events (Shaffer 
and Stein 2000, pp. 308-310). As defined here, catastrophic events are 
rare occurrences, usually of finite duration, that cause severe impacts 
to one or more populations. Examples of catastrophic events include 
tropical storms, floods, prolonged drought, and unusually intense 
wildfire. Species that have multiple resilient populations distributed 
over a larger landscape are more likely to survive catastrophic events, 
since not all populations would be affected.
    Representation refers to the genetic diversity, both within and 
among populations, necessary to conserve long-term adaptive capability 
(Shaffer and Stein 2000, pp. 307-308). Species with greater genetic 
diversity are more able to adapt to environmental changes and to 
colonize new sites.

Summary of Biological Status and Threats

    Guadalupe fescue is a short-lived perennial grass species found 
only in a few high mountains of the Chihuahuan Desert, west of the 
Pecos River in Texas and in the State of Coahuila, Mexico. These ``sky 
island'' habitats are conifer-oak woodlands above 1,800 meters (m) 
(5,905 feet (ft)) elevation. The species has been reported in only six 
sites. It was first collected in 1931, in the Guadalupe Mountains, 
Culberson County, Texas, and in the Chisos Mountains, Brewster County, 
Texas; these sites are now within Guadalupe Mountains National Park and 
Big Bend National Park, respectively. Guadalupe fescue was documented 
near Fraile, southern Coahuila, in 1941; in the Sierra

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la Madera, central Coahuila, in 1977; and at two sites in the Maderas 
del Carmen Mountains of northern Coahuila in 1973 and 2003. The last 
three sites are now within protected natural areas (``areas naturales 
protegidas'' (ANP)) designated by the Mexican federal government.
    In the United States, known populations of Guadalupe fescue have 
experienced significant declines. Guadalupe fescue was last observed in 
the Guadalupe Mountains in 1952; this population is presumed 
extirpated. Researchers from Texas Parks and Wildlife Department and 
Big Bend National Park have quantitatively monitored plots within the 
Chisos Mountains population over a 22-year period. Our analysis of 
these data indicates that the population within the plots (about 25 to 
50 percent of the total population) has decreased significantly over 
time, from a high of 125 and 127 individuals in 1993 and 1994, to 47 
individuals in 2013 and 2014. Little information is available for the 
known populations in Mexico. Valdes-Reyna (2009, pp. 13, 15) confirmed 
that one population in the Maderas del Carmen mountains is extant. This 
population had several hundred individuals in 2003 (Big Bend National 
Park and Service 2008), and is protected within ANP Maderas del Carmen. 
The status of the other three Coahuilan populations remains unknown.
    To estimate the amount and distribution of potential Guadalupe 
fescue habitat, we created maps of conifer-oak forests in the 
Chihuahuan Desert at elevations greater than 1,800 m. Since larger 
habitat areas may be more suitable, we restricted this model to areas 
greater than 200 hectares (ha) (494 acres (ac)). This model reveals 
that northern Mexico has 283 areas of potential habitat totaling 
537,998 ha (over 1.3 million ac), compared to 20 such areas totaling 
27,881 ha (68,894 ac) in Texas. Thus, about 95 percent of the potential 
habitat is in Mexico. However, we do not have information confirming 
that any of these areas actually contain Guadalupe fescue.
    Monitoring suggests that the Chisos Mountains population has 
decreased in size; however the data indicate that survival rates within 
this monitored population have increased. These inverse trends may be 
explained by a recruitment rate (establishment of new individuals) that 
is too low to sustain the population. We do not know why the 
recruitment rate at the Chisos population is low. We have no 
information about the species' genetic viability, within-population and 
within-species genetic differentiation, chromosome number, or breeding 
system. However, since grasses are wind-pollinated, small, widely-
scattered populations produce few if any seeds from out-crossing 
(pollination by unrelated individuals). Many perennial grasses, 
including some Festuca species, are obligate out-crossers. If Guadalupe 
fescue is an obligate out-crosser, the sparse Chisos population would 
produce few seeds; if it is not an obligate out-crosser, it is probably 
highly inbred and may suffer from inbreeding depression. Although the 
minimum viable population (MVP) size has not yet been calculated for 
Guadalupe fescue, we can estimate its MVP by comparison to species with 
similar life histories (i.e., surrogates) for which MVPs have been 
calculated, using the following guideline adapted from Pavlik (1996, p. 
137). Through this comparison, we estimate that populations of 
Guadalupe fescue should have at least 500 to 1,000 individuals for 
long-term population viability (SSA Report, pp. 17-18).
    One factor potentially negatively affecting the existing population 
in the Chisos Mountains is the loss of regular wildfires. Periodic 
wildfire and leaf litter reduction may be necessary for long-term 
survival of Guadalupe fescue populations, although this has not been 
investigated. Historically, wildfires occurred in the vicinity of the 
Chisos population at least 10 times between 1770 and 1940 (Moir and 
Meents 1981, p. 7; Moir 1982, pp. 90-98; Poole 1989, p. 8; Camp et al. 
2006, pp. 3-6, 14-23, 59-61). However, the last major fire there was 
more than 70 years ago, due to fire suppression within the National 
Park. The long absence of fire and the resulting accumulation of fuels 
also increase the risk of more intense wildfire, which could result in 
the loss of the remaining Guadalupe fescue population in the United 
States.
    Other factors that may affect the continued survival of Guadalupe 
fescue include the genetic and demographic consequences of small 
population sizes and isolation of its known populations; livestock 
grazing; trail runoff; competition from invasive species; effects of 
climate change, such as higher temperatures and changes in the amount 
and seasonal pattern of rainfall; and fungal infection of seeds. Big 
Bend National Park has minimized the potential threat of trampling from 
humans and pack animals by restricting visitors and trail maintenance 
crews to established trails and through visitor outreach.
    The Service, Big Bend National Park, and Guadalupe Mountains 
National Park established CCAs for the Guadalupe fescue in 1998 and 
2008. The objectives of these 10-year agreements include monitoring and 
surveys, seed and live plant banking, fire and invasive species 
management, trail management, staff and visitor education, 
establishment of an advisory team of species experts, and cooperation 
with Mexican agencies and researchers to conserve the known populations 
of Guadalupe fescue and search for new ones. Research objectives 
include investigations of fire ecology, habitat management, genetic 
structure, reproductive biology, and reintroduction.
    Based on the best available information, we know of only two extant 
populations of Guadalupe fescue. The Chisos Mountains population is far 
smaller than our estimated MVP level, and despite protection, 
appropriate management, and periodic monitoring by the National Park 
Service, it has declined between 1993 and 2014. The other extant 
population, at ANP Maderas del Carmen in northern Coahuila, Mexico, may 
have exceeded our estimated MVP level as recently as 2003, and the site 
is managed for natural resources conservation. Unfortunately, we 
possess very little information about the current status of the species 
at Maderas del Carmen and throughout Mexico. Our analysis revealed that 
a large amount of potential habitat exists in northern Mexico. Thus, it 
is possible that other undiscovered populations of Guadalupe fescue 
exist in northern Mexico, and that the overall status of the species is 
more secure than we now know. Nonetheless, the Service has to make a 
determination based on the best available scientific data, which 
currently confirm only one extant population in Mexico.

Determination

Standard for Review

    Section 4 of the Act, 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(b)(1)(a) of the Act, the Secretary is to make endangered or 
threatened determinations required by section 4(a)(1) solely on the 
basis of the best scientific and commercial data available to her after 
conducting a review of the status of the species and after taking into 
account conservation efforts by States or foreign nations. The 
standards for determining whether a species is endangered or threatened 
are provided in section 3 of the Act. An endangered species is any 
species that is ``in danger

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of extinction throughout all or a significant portion of its range.'' A 
threatened species is any species that is ``likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.'' Per section 4(a)(1) of the Act, in 
reviewing the status of the species to determine if it meets the 
definition of endangered or of threatened, we determine whether any 
species is an endangered species or a threatened species because of 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. Our determination must also 
consider certain conservation measures for the species.
    The fundamental question before the Service is whether the species 
warrants protection as endangered or threatened under the Act. To make 
this determination, we evaluated the projections of extinction risk, 
described in terms of the condition of current and future populations 
and their distribution (taking into account the risk factors and their 
effects on those populations). For any species, as population condition 
declines and distribution shrinks, the species' extinction risk 
increases and overall viability declines.

Summary of Analysis

    We documented in our SSA Report that only two extant populations of 
Guadalupe fescue are currently known. The only extant population in the 
United States, in the Chisos Mountains at Big Bend National Park, has 
declined in abundance since 1993. Only 47 individuals were observed 
there in 2014, which is far less than an estimated MVP size of 500 to 
1,000 individuals based on species with similar life histories. The 
other extant population, in the ANP Maderas del Carmen in Coahuila, had 
several hundred individuals in 2003, and was confirmed extant in 2009 
with no population estimate. Three other historically known populations 
in remote areas of Coahuila, Mexico, have not been monitored in at 
least 39 years, and their statuses remain unknown.
    We find that several factors reduce the viability of Guadalupe 
fescue, including: Changes in the wildfire cycle and vegetation 
structure of its habitats, trampling from humans and pack animals, 
trail runoff, and competition from invasive species (Factor A); grazing 
by livestock and feral animals of Guadalupe fescue plants (Factor C); 
and the genetic and demographic consequences of small population sizes, 
isolation of its known populations, and potential impacts of climate 
changes, such as higher temperatures and changes in the amount and 
seasonal pattern of rainfall (Factor E). Although trampling, trail 
runoff, invasive species, and grazing are likely to be ameliorated by 
ongoing and future conservation efforts on Federal lands in the United 
States, the effects of small population size, geographic isolation, and 
climate change are all rangewide threats and expected to continue into 
the foreseeable future. There is limited information available 
regarding the known populations of Guadalupe fescue in Mexico; however, 
most of the above factors are likely to be widespread and ongoing 
threats throughout the potential habitats in Mexico (Service 2016).
    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 Guadalupe fescue is 
currently in danger of extinction throughout all of its range, and 
therefore warrants a determination that it is an endangered species. 
There are only two known extant populations of Guadalupe fescue, one 
each in Texas and in Coahuila, Mexico. We have no recent observations 
of three additional populations reported from Mexico, and their 
statuses are unknown. A second population reported from the United 
States has not been seen in more than 60 years, despite extensive 
surveys, and is presumed extirpated. Based on monitoring conducted in 
2013 and 2014, the Chisos Mountains population in the United States is 
estimated to have in the range of about 100 and 200 individuals, well 
below the estimated MVP of 500 to 1,000 individuals, and the monitored 
population has declined from 127 individuals in 1993, to 47 individuals 
in 2014 (Service 2016, Appendix B). Therefore, this population is 
considered to have low resiliency. The Maderas del Carmen population in 
Mexico may have held the estimated MVP as recently as 2003, but the 
current population status is unknown, and thus the population is 
considered to have limited resilience (Service 2016). With only two 
known populations, both with limited resiliency, the species has 
extremely low redundancy and representation. However, if there are 
additional extant populations in Mexico, we would expect the redundancy 
and representation of the species would be greater. Based on the best 
available information, therefore, the species' overall risk of 
extinction is such that we find it meets the definition of an 
endangered species. Therefore, on the basis of the best available 
scientific and commercial information, we propose listing the Guadalupe 
fescue as an endangered species in accordance with sections 3(6) and 
4(a)(1) of the Act. We find that a threatened species status is not 
appropriate for Guadalupe fescue because of the immediacy of threats 
facing the species with only two known populations, one of which is 
declining in abundance.
    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. We have determined that Guadalupe 
fescue is endangered throughout all of its range, so an evaluation of 
any ``significant'' portion of the range is unnecessary. See the Final 
Policy on Interpretation of the Phrase ``Significant Portion of Its 
Range'' in the Endangered Species Act's Definitions of ``Endangered 
Species'' and ``Threatened Species'' (79 FR 37578; July 1, 2014).

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, as 
well as conservation by Federal, State, Tribal, and local agencies; 
private organizations; and individuals. The Act encourages cooperation 
with the States and other countries, and calls for recovery actions to 
be carried out for 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 calls for 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

[[Page 62454]]

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 also identifies 
recovery criteria for review of when a species may be ready for 
downlisting or delisting, 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. Should 
the Guadalupe fescue be listed as an endangered or a threatened species 
in a final rule, the completed recovery outline, draft recovery plan, 
and the final recovery plan will be available on our Web site (http://www.fws.gov/endangered), or from our Austin 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 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. 
If this species is listed, funding for recovery actions could 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 State of Texas would be eligible 
for Federal funds to implement management actions that promote the 
protection or recovery of Guadalupe fescue. Information on our grant 
programs that are available to aid species recovery can be found at: 
http://www.fws.gov/grants.
    Although Guadalupe fescue 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 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 are limited to the land management activities by the National 
Park Service within Big Bend National Park.
    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 proposed 
listing on proposed and ongoing activities within the range of the 
species proposed for listing. 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; this list is not comprehensive:
    (1) Normal agricultural and silvicultural practices conducted on 
privately owned lands, including herbicide and pesticide use, which are 
carried out in accordance with any existing regulations, permit and 
label requirements, and best management practices;
    (2) Recreation and management at National Parks that is conducted 
in accordance with existing National Park Service regulations and 
policies; and
    (3) Normal residential landscape activities.
    Based on the best available information, the following activities 
may potentially result in a violation of section 9 of the Act; this 
list is not comprehensive:
    (1) Unauthorized damage or collection of Guadalupe fescue from 
lands under Federal jurisdiction;
    (2) Destruction or degradation of the species' habitat on lands 
under Federal jurisdiction, including the intentional introduction of 
nonnative organisms that compete with, consume, or harm Guadalupe 
fescue;
    (3) Livestock grazing on lands under Federal jurisdiction; and
    (4) Pesticide applications on lands under Federal jurisdiction in 
violation of label restrictions.

[[Page 62455]]

    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Austin 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

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 ADDRESSES. 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 (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 (NEPA; 42 U.S.C. 4321 et seq.), 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).

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 
Austin Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Austin Ecological Services Field Office.

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 set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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 an entry for ``Festuca ligulata'' to 
the List of Endangered and Threatened Plants in alphabetical order 
under FLOWERING PLANTS to read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
         Scientific name              Common name          Where listed          Status        and  applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
        Flowering Plants
 
                                                  * * * * * * *
Festuca ligulata................  Guadalupe fescue...  Wherever found.....               E   [Federal Register
                                                                                              citation of the
                                                                                              final rule]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: August 18, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-21588 Filed 9-8-16; 8:45 am]
 BILLING CODE 4333-15-P