[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70043-70059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24249]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2014-0054; FXES11130900000 167 FF09E42000]
RIN 1018-BA46
Endangered and Threatened Wildlife and Plants; Removal of
Solidago albopilosa (White-haired Goldenrod) From the Federal List of
Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule and notice of availability of final post-delisting
monitoring plan.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are removing
the plant Solidago albopilosa (white-haired goldenrod) from the Federal
List of Endangered and Threatened Plants. This action is based on a
thorough review of the best available scientific and commercial
information, which indicates that the threats to this species have been
eliminated or reduced to the point that the species no longer meets the
definition of an endangered or threatened species under the Endangered
Species Act of 1973, as amended. This rule also announces the
availability of a final post-delisting monitoring (PDM) plan for white-
haired goldenrod.
DATES: This rule is effective on November 10, 2016.
ADDRESSES: This final rule and the PDM plan are available on the
Internet at http://www.regulations.gov at Docket Number FWS-R4-ES-2014-
0054. Comments and materials received, as well as supporting
documentation used in the preparation of this rule, will be available
for public inspection by appointment, during normal business hours, at
the Service's Kentucky Ecological Services Field Office, 330 West
Broadway, Suite 265, Frankfort, KY 40601.
FOR FURTHER INFORMATION CONTACT: Virgil Lee Andrews, Jr., Field
Supervisor, U.S. Fish and Wildlife Service, Kentucky Ecological
Services Field Office, 330 West Broadway, Suite 265, Frankfort, KY
40601; telephone (502) 695-0468. Individuals who are hearing-impaired
or speech-impaired may call the Federal Information Relay Service at
(800) 877-8339 for TTY assistance 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
Executive Summary
This document contains: (1) A final rule to remove Solidago
albopilosa from the Federal List of Endangered and Threatened Plants at
50 CFR 17.12(h); and (2) a notice of availability of a final PDM plan.
Species addressed--Solidago albopilosa (white-haired goldenrod) is
an upright, herbaceous plant with soft, white hairs covering its leaves
and stems (Andreasen and Eshbaugh 1973, p. 123). The species produces
clusters of small, fragrant, yellow flowers from September to November.
S. albopilosa is restricted to sandstone rock shelters or rocky ledges
of a highly dissected region known as the Red River Gorge in Menifee,
Powell, and Wolfe Counties, KY.
The Service listed Solidago albopilosa as a threatened species
under the Endangered Species Act of 1973, as amended (Act; 16 U.S.C.
1531 et seq.), primarily because of its limited range and threats
associated with ground disturbance and trampling caused by unlawful
archaeological activities and recreational activities such as camping,
hiking, and rock climbing (53 FR 11612, April 7, 1988). Other
identified threats included the inadequacy of regulatory mechanisms and
minor vegetational changes in the surrounding forest.
When the recovery plan for S. albopilosa (white-haired goldenrod)
(Recovery Plan) was completed in 1993, the Service knew of 90 extant
occurrences of S. albopilosa (Service 1993, p. 2), containing an
estimated 45,000 stems (each individual plant can
[[Page 70044]]
have multiple stems (or branches); stem counts have been the focus of
most survey efforts, rather than the number of individual plants, which
is often not discernable) (Service 1993, p. 2). The Recovery Plan
defined an occurrence as a ``discrete group of plants beneath a single
rock shelter or on a single rock ledge.'' All of these locations were
situated within the proclamation boundary of the Daniel Boone National
Forest (DBNF), and 69 occurrences (77 percent) were in Federal
ownership.
Currently, 117 extant occurrences of S. albopilosa are known,
containing an estimated 174,000 stems. All extant occurrences continue
to be located within the proclamation boundary of the DBNF, and 111
occurrences (95 percent) are in Federal ownership and receive
management and protection through DBNF's Land and Resource Management
Plan (LRMP) (U.S. Forest Service (USFS) 2004, pp. 1.1-1.10). We
consider 81 of the extant occurrences (69 percent) to be stable,
meaning no change has been detected in their general rank or status
over the last 12 years. We consider 46 of the 81 stable occurrences to
be adequately protected and self-sustaining as defined by the Recovery
Plan, and these occurrences account for approximately 131,000 stems, or
about 75 percent of the species' total number.
Over the past 12 years, the Service has worked closely with the
Kentucky State Nature Preserves Commission (KSNPC) and DBNF on the
management and protection of the species. Management activities have
included trail diversion (away from S. albopilosa occurrences),
installation of protective fencing, and placement of informational
signs in rock shelters, along trails, and at trailheads. These
activities and other management actions included in the DBNF's LRMP
(USFS 2004, pp. 3.5-3.8) have assisted in recovery of the species.
Furthermore, a new cooperative management agreement among the Service,
DBNF, and KSNPC, which was signed on August 29, 2016, will assist in
the long-term protection of the species.
Considering the number of stable, self-sustaining, protected
occurrences, the management and protection of habitats provided by
DBNF's LRMP and the new cooperative management agreement, and the lack
of significant threats to the species or its habitats, we conclude that
Solidago albopilosa no longer meets the definition of a threatened
species under the Act.
Purpose of the Regulatory Action--The purpose of this action is to
remove Solidago albopilosa from the Federal List of Endangered and
Threatened Plants, based on the reduction or removal of threats.
Basis for the Regulatory Action--Under the Act, we may determine
that a species is an endangered or threatened species because of one or
more of the five factors described in section 4(a)(1) of the Act. We
must consider the same factors in removing a species from the List
(delisting). Further, we may delist a species if the best scientific
and commercial data indicate the species is neither a threatened
species nor an endangered species for one or more of the following
reasons: (1) the species is extinct; (2) the species has recovered and
is no longer threatened or endangered; or (3) the original scientific
data used at the time the species was classified were in error. Here,
in addition to the application of the five factors, we are delisting
the species based on recovery.
We reviewed the best available scientific and commercial
information pertaining to the five threat factors for white-haired
goldenrod. All 4 peer reviewers and 7 of 10 public commenters supported
the proposed action to delist white-haired goldenrod. Our results are
summarized as follows:
We consider Solidago albopilosa to be recovered because
all substantial threats to this species have been eliminated or reduced
and adequate regulatory mechanisms exist.
The species has met all recovery criteria as outlined in
the Recovery Plan (there is a sufficient number of distinct, stable,
self-sustaining, and adequately protected occurrences).
Previous Federal Actions
Please refer to the proposed rule to remove Solidago albopilosa
from the Federal List of Endangered and Threatened Plants (80 FR 52717,
September 1, 2015) for a detailed description of previous Federal
actions concerning this species. We reopened the comment period for the
proposed rule on February 26, 2016 (81 FR 9798), in order to conduct
peer review and provide interested parties an additional opportunity to
comment on the proposed rule and draft post-delisting monitoring plan.
We requested that all interested parties submit written comments by
March 28, 2016.
Background
It is our intent to discuss in this final rule only those topics
directly relevant to the removal of Solidago albopilosa from the
Federal List of Endangered and Threatened Plants.
Species Information
The following section contains information updated from that
presented in the proposed rule.
Species Description and Life History--Solidago albopilosa (Braun
1942) is an upright to slightly arching, herbaceous, perennial plant
that attains a height of 30 to 100 centimeters (12 to 39 inches). The
species is commonly multi-stemmed because it produces rhizomes
(horizontal, usually underground stems) that often root below and
produce new stems above. Because of this, the number of plants at a
single site is often not discernable from above ground stem
distributions. The long, soft, white hairs that cover the leaves and
stems are the species' most distinguishing characteristic (Andreasen
and Eshbaugh 1973, p. 123). The alternate leaves of S. albopilosa are
widest at their base and are prominently veined with a dark-green upper
surface and a pale underside. They vary in length from 6 to 10
centimeters (2.5 to 4.0 inches), with the larger leaves closer to the
base of the stem. Hairs cover both surfaces of the leaves and are most
dense along the veins. The stem is cylindrical and densely covered with
fine white hairs. Axillary (positioned along the main axis of the
plant) clusters of small, fragrant, yellow flowers begin blooming in
late August. The flower heads are composed of three to five ray florets
(small flowers in the marginal part of the flower head) and more than
15 disk florets (small flowers in the central part of the flower head).
The ray florets are about 6 mm long (0.24 inch), and the disk flowers
are about 3 mm long (0.12 inch). The pale-brown, pubescent, oblong
achenes (dry single-seed fruits) appear in October (Braun 1942, pp. 1-
4; Andreasen and Eshbaugh 1973, p. 123; Service 1993, p. 1).
Solidago albopilosa flowers from September through November and
sets fruit in mid-October through December. The flowers are visited by
bees (Families Apidae and Halictidae), moths (Order Lepidoptera), and
syrphid flies (Family Syrphidae), which are likely attracted by the
fragrant, yellow flowers (Braun 1942, pp. 1-4; Service 1993, p. 6).
Viability of the species' pollen is reported to be high (Andreason and
Eshbaugh 1973, pp. 129-130). Seeds are most likely dispersed by wind,
but germination rates and the extent of vegetative reproduction in the
wild are unknown (Service 1993, p. 6). Seedlings are observed
frequently in the wild, but the percentage of seeds that germinate in
the wild is unknown (Taylor 2016, U.S. Forest Service, pers. comm.).
Germination of seed collected from the
[[Page 70045]]
wild has high viability in the laboratory (near 100 percent), and
plants grow readily from seed (Taylor 2016, pers. comm.).
Braun (1942, pp. 1-4) described S. albopilosa based on specimens
discovered in the summer of 1940 in the Red River Gorge area of Menifee
County, KY. S. albopilosa is in the family Asteraceae, and there are no
synonyms for the species. Andreasen and Eshbaugh (1973, pp. 126-128)
studied variation among four separate occurrences (populations) of S.
albopilosa in Menifee and Powell Counties. Their population analysis of
characteristics such as plant height, leaf length and width, stem
pubescence, and number of ray flowers per head showed that some
morphological characteristics (e.g., plant height, leaf shape and size,
stem pubescence) can vary widely between populations.
Solidago albopilosa can be distinguished from its closest relative,
S. flexicaulis (broad-leaf goldenrod), by its shorter height, smaller
and thinner leaves, and generally downy (hairy) appearance (the leaves
of S. flexicaulis have a slick, smooth appearance) (Medley 1980, p. 6).
The two species also differ in habitat preference. S. albopilosa is
restricted to sandstone rock shelters or ledges, while S. flexicaulis
is a woodland species that occurs on the forest floor. Esselman and
Crawford (1997, pp. 245-256) used molecular and morphological analyses
to examine the relationship between S. albopilosa and S. flexicaulis.
They concluded that S. albopilosa is most closely related to S.
flexicaulis; however, there was no evidence that either S. flexicaulis
or S. caesia (wreath or blue-stemmed goldenrod) is a parent or has a
recent close relationship with S. albopilosa as was previously
speculated by Braun (1942, pp. 1-4). Esselman and Crawford (1997, pp.
245-256) also examined genetic diversity within the species S.
albopilosa (using Random Amplified Polymorphic DNA and isozyme markers)
and reported genetic variation both within and between populations
(genetic diversity is widely spread among populations, and populations
are not very genetically homogenous). The highest level of genetic
diversity was observed among (across) versus within populations.
Consequently, Esselman and Crawford (1997, pp. 245-256) recommended
that conservation efforts include the maintenance of as many
populations as possible to capture the full genetic diversity of the
species.
Solidago albopilosa is restricted to outcroppings of Pottsville
sandstone in a rugged, highly dissected area known as the Red River
Gorge in Menifee, Powell, and Wolfe Counties, KY (Service 1993, p. 2;
White and Drozda 2006, p. 124). The Red River Gorge is well known for
its scenic beauty and outdoor recreational opportunities, and much of
the area is located within the DBNF, an approximate 2,860-km\2\
(706,000-acre) area in eastern Kentucky that is managed by the U.S.
Forest Service (White and Drozda 2006, p. 124). The Red River Gorge
lies within the Northern Forested Plateau Escarpment of the Western
Allegheny Plateau ecoregion (Woods et al. 2002, p. 1). The hills and
ridges of this region are characterized as rugged and highly dissected,
with erosion-resistant, Pennsylvanian quartzose sandstone (contains 90
percent quartz) capping the ridges and exposed layers of Mississippian
limestone, shale, and siltstone on lower slopes and in the valleys.
Solidago albopilosa occurs on the floors of sandstone rock shelters
(natural, shallow, cave-like formations) and on sheltered cliffs
(cliffs with overhanging ledges) at elevations between 243 and 396 m
(800 and 1,300 ft) (Andreasen and Eshbaugh 1973; Service 1993, p. 5).
The species may also be found on ledges or vertical walls of these
habitats, but, regardless of the specific location, S. albopilosa is
restricted to areas of partial shade behind the dripline (53 FR 11612;
April 7, 1988) and typically does not grow in the deepest part of rock
shelters (Harker et al. 1981, p. 4). Campbell et al. (1989, p. 40)
noted that this plant species is known from all possible moisture
regimes and aspects in these habitats, but plants on northern exposures
appeared to be smaller than average. Seven of nine occurrences examined
by Nieves and Day (2014, pp. 8-9) were located in easterly or northerly
facing shelters, which receive minimal direct sunlight. Nieves and Day
examined only a small percentage of the species' 117 known occurrences
(8 percent), so further study is required to determine the importance
of the solar aspect on the species' biology and distribution. Ten rock
shelter habitats examined by Nieves and Day (2014, p. 7) were
significantly cooler and more humid than the surrounding environment
(areas outside and above the rock shelter), but the species'
requirements with respect to air temperature and relative humidity are
unknown.
Typical herbaceous associates of this plant include roundleaf
catchfly (Silene rotundifolia) and alumroot (Heuchera parviflora) and
less commonly white baneberry (Actaea pacypoda), maidenhair fern
(Adiantum pedatum), fourleaf yam (Dioscorea quaternata), intermediate
woodfern (Dryopteris intermedia), Indian cucumber-root (Medeola
virginiana), Japanese stilt grass (Microstegium vimineum; invasive,
non-native), Christmas fern (Polystichum acrostichoides), rhododendron
(Rhododendron maximum), and little mountain meadow-rue (Thalicturm
mirabile) (Braun 1942, pp. 1-4; Andreason and Eshbaugh 1973, p. 128;
Kral 1983, p. 1253; Campbell et al. 1989, p. 40; White and Drozda 2006,
p. 124). Associated woody species of the mixed mesophytic forest
adjacent to S. albopilosa occurrences include red maple (Acer rubrum),
sugar maple (Acer saccharum), American beech (Fagus grandifolia),
American holly (Ilex opaca), mountain laurel (Kalmia latifolia), tulip
poplar (Liriodendron tulipifera), bigleaf magnolia (Magnolia
macrophylla), umbrella magnolia (M. tripetala), black gum (Nyssa
sylvatica), oaks (Quercus spp.), basswood (Tilia americana), and
eastern hemlock (Tsuga canadensis) (Andreason and Eshbaugh 1973, p.
128; Kral 1983, p. 1253; Campbell et al. 1989, p. 40).
When the Recovery Plan was completed in 1993, 90 extant occurrences
were known (Service 1993, p. 2), containing an estimated 45,000 stems
(Service 1993, p. 2). All of these locations were situated within the
proclamation boundary of the DBNF, and 69 occurrences (approximately 76
percent) were located on Federal lands. The remaining occurrences (21)
were located on private property. Rather than try to determine what
constituted a population, the Recovery Plan (Service 1993, p. 1) used
``occurrence,'' defining it as a ``discrete group of plants beneath a
single rock shelter or on a single rock ledge.'' In making this
definition, the Service (1993, p. 6) explained that pollinators (bees
and syrphid flies) likely carried pollen between rock shelters and may
even move between adjacent ravines. If there were sufficient gene flow
between occurrences via pollinators, clusters of nearby rock shelters
or adjacent ravines could comprise a population. However, without
additional research, it was impossible to determine the species' actual
population boundaries.
Subsequently, the KSNPC completed surveys in 1996, 1999, 2002,
2004, and 2005 (White and Drozda 2006, pp. 124-128; KSNPC 2010, p. 4),
and these surveys documented an increase in the number of S. albopilosa
occurrences from 90 to 141. Despite the increased number of
occurrences, the total range of S. albopilosa did not increase
significantly as it was still restricted to
[[Page 70046]]
the same general area within the Red River Gorge. KSNPC (2010, pp. 4-8)
completed the first range-wide survey during the 2008 and 2009 field
seasons. During this 2-year period, KSNPC ranked each occurrence based
on population size and viability, habitat condition, and degree of
threat. KSNPC also evaluated the stability of each occurrence by
comparing their 2008-2009 survey data with data collected in previous
years. The following specifications were used to rank the occurrences
(KSNPC 2010, p. 21):
A (excellent estimated viability): 2,500 or more stems in habitat
with low degree of recreational impact or a minimum of 4,000 stems
where the degree of recreational impact is medium or high.
B (good estimated viability): 1,000 to 2,499 stems and some areas
of habitat with a low degree of recreational impact or higher numbers
of stems (2,500 to 4,000) at sites where the degree of recreational
impact is medium or high.
C (fair estimated viability): 300 to 999 stems where recreational
impacts are low or higher numbers of stems (1,000 to 2,000) at sites
affected by a medium or high degree of recreational impact; may also
include sites with little opportunity for habitat recovery or
population expansion.
D (poor estimated viability): fewer than 300 stems in any habitat.
H (historical): taxon or natural community has not been reliably
reported in Kentucky since 1990 but is not considered extinct or
extirpated.
X (extirpated): A taxon for which habitat loss has been pervasive
and/or concerted efforts by knowledgeable biologists to collect or
observe specimens within appropriate habitats have failed.
F (failed to find): occurrence not located in current survey;
original mapping may be in wrong location.
During their 2-year range wide survey, KSNPC (2010, p. 6)
documented a total of 116 extant occurrences, producing ranks with the
following categorical results: A-rank (11 occurrences), B (26), C (25),
and D (54) (see table 1). The remaining 25 occurrences were considered
to be historical, extirpated, or could not be relocated (failed to
find). The goldenrod's range has been searched extensively by KSNPC and
of the 116 extant occurrences, only 6 were located on private land,
with the remainder located on the DBNF. There is limited private
ownership in the area where this plant occurs and the species' habitat
as described above has only been located in a few privately-owned
occurrences and nowhere else that has been surveyed. For all extant
occurrences, 79 (68 percent) were considered to be stable, including
ranks of A (10 occurrences), B (21), C (18), and D (30). Stability was
estimated through comparisons of historical and more recent survey
data. Occurrences were considered ``stable'' if no change was detected
in their general rank/status over the course of monitoring, stem
numbers increased over the course of monitoring, and/or slight
decreases in stem numbers could be attributed to natural climatic
variation. Ranks were based on population size and perceived viability,
habitat condition, and degree of threat. For all stable occurrences,
KSNPC reported an average monitoring period of 10.2 years and an
average of 3.6 monitoring events for each occurrence. Also, the level
or degree of recreational impact is based on KSNPC's assessment of
recreational use and threats from that use at each occurrence. For
those sites where the degree of impact was higher, more stems were
required to achieve a higher rank (i.e., fair to excellent viability).
For example, 4 of the 11 ``A'' ranked occurrences had a medium/high
degree of impact (equals a minimum of 4,000 stems). The rest of the 11
``A'' ranked occurrences had a low degree of impact (equals 2,500 stems
or more). All of the ``A'' ranked occurrences have proven stable (for
over 11 years) with a high number of stems. Due to future conservation
actions with DBNF, we expect the 4 ``A'' ranked occurrences with medium
to high recreational impacts to remain stable (numbers of stems will
remain constant or increase) and the degree of recreational impact may
decrease.
Table 1--Summary of Solidago albopilosa Ranks and Status Based on Range-Wide Surveys Completed by the Kentucky
State Nature Preserves Commission in 2008 and 2009
[KSNPC 2010]
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Ranks of extant occurrences
Status -------------------------------------------------------------------------------
A B C D Total
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Stable.......................... 10 21 18 30 79
Declining....................... 0 5 4 22 31
Unknown......................... 1 0 3 2 6
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Total....................... 11 26 25 54 116
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For the remaining extant occurrences, 31 were considered to be
declining and 6 were of unknown status. For the declining occurrences,
ranks included B (5 occurrences), C (4), and D (22). For the unknown
occurrences, ranks included A (1 occurrence), C (3), and D (2).
Occurrences were considered to be declining if a negative change was
detected in the general rank/status over the course of monitoring and/
or there was a greater than 30 percent decline in stem count. Unknown
status meant surveys of that occurrence were not performed more than
once or prior surveys could not be compared to more recent surveys due
to discrepancies in survey methodology.
KSNPC and the Service completed additional surveys from June to
October 2013 at 30 widely separated occurrences, resulting in the
discovery of one new occurrence and revised status information for two
unknown occurrences (USFWS 2014, entire). Combining these results with
occurrence totals reported by KSNPC (2010, 24 pp.), there are now 81
stable occurrences with the following categorical results: A (11
occurrences), B (22), C (18), and D (30) (table 2). The average
monitoring period increased from 10.2 to 11.1 years, with an average of
3.7 monitoring events for each occurrence. The total number of stems
now stands at 174,357, compared to 45,000 when the Recovery Plan was
completed.
[[Page 70047]]
Table 2--Summary of Current Solidago albopilosa Ranks and Status (KSNPC 2010, 2014) Showing an Increase in A-
and B-Ranked Occurrences
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Ranks of extant occurrences
Status -------------------------------------------------------------------------------
A B C D Total
----------------------------------------------------------------------------------------------------------------
Stable.......................... 11 22 18 30 81
Declining....................... 0 5 4 23 32
Unknown......................... 0 0 2 2 4
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Total....................... 11 27 24 55 117
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In summary, considering recent survey efforts by KSNPC and the
Service (KSNPC 2010, entire; USFWS 2014, entire), the following
conditions exist for white-haired goldenrod:
(1) A total of 117 extant occurrences are known. Of these, 81
occurrences are considered to be stable with the following categorical
results: A (11 occurrences), B (22), C (18), and D (30). As of 2015,
the average monitoring period per occurrence was 11.1 years, with an
average of 3.7 monitoring events for each occurrence.
(2) Fifty-one of the 81 stable occurrences (all A-, B-, and C-
ranked occurrences) are considered to be self-sustaining as defined by
the Recovery Plan. These occurrences are considered to be self-
sustaining because there is evidence of successful reproduction and the
number of stems is stable or increasing.
(3) Forty-six of the 51 stable, self-sustaining occurrences are
adequately protected as defined by the recovery plan (species is
legally protected, has received adequate physical protection, and is
assured of all required management).
(4) The total number of stems now stands at approximately 174,000,
and the 46 secure, self-sustaining occurrences contain approximately
131,000 stems, or about 75 percent of the species' total number.
Recovery and Recovery Plan Implementation
Background--Section 4(f) of the Act (16 U.S.C. 1531 et seq.)
directs us to develop and implement recovery plans for the conservation
and survival of endangered and threatened species unless we determine
that such a plan will not promote the conservation of the species.
Under section 4(f)(1)(B)(ii), recovery plans must, to the maximum
extent practicable, include objective, measurable criteria which, when
met, would result in a determination, in accordance with the provisions
of section 4 of the Act, that the species be removed from the list.
However, revisions to the list (adding, removing, or reclassifying a
species) must reflect determinations made in accordance with sections
4(a)(1) and 4(b) of the Act. Section 4(a)(1) requires that the
Secretary determine whether a species is endangered or threatened (or
not) because of one or more of five threat factors. Section 4(b) of the
Act requires that the determination be made ``solely on the basis of
the best scientific and commercial data available.'' Therefore,
recovery criteria should help indicate when we would anticipate that an
analysis of the five threat factors under section 4(a)(1) would result
in a determination that the species is no longer an endangered species
or threatened species because of any of the five statutory factors (see
Summary of Factors Affecting the Species section). However, while
recovery plans provide important guidance to the Service, States, and
other partners on methods of minimizing threats to listed species and
measurable criteria against which to measure progress towards recovery,
they are not regulatory documents and cannot substitute for the
determinations and promulgation of regulations required under section
4(a)(1) of the Act. A decision to revise the status of or remove a
species from the Federal List of Endangered and Threatened Plants at 50
CFR 17.12(h) is ultimately based on an analysis of the best scientific
and commercial data available to determine whether a species is no
longer an endangered or threatened species, regardless of whether that
information differs from the recovery plan.
Recovery plans may be revised to address continuing or new threats
to the species, as new, substantive information becomes available. The
recovery plan identifies site-specific management actions that will
achieve recovery of the species, measurable criteria that set a trigger
for review of the species' status, and methods for monitoring recovery
progress. Recovery plans are intended to establish goals for long-term
conservation of listed species and define criteria that are designed to
indicate when the substantial threats facing a species have been
removed or reduced to such an extent that the species may no longer
need the protections of the Act.
There are many paths to accomplishing recovery of a species, and
recovery may be achieved without all criteria being fully met. For
example, one or more criteria may be exceeded while other criteria may
not yet be accomplished. In that instance, we may determine that the
threats are minimized sufficiently and the species is robust enough to
delist. In other cases, recovery opportunities may be discovered that
were not known when the recovery plan was finalized. These
opportunities may be used instead of methods identified in the recovery
plan. Likewise, information on the species may be discovered that was
not known at the time the recovery plan was finalized. The new
information may change the extent to which criteria need to be met for
recognizing recovery of the species. Recovery of a species is a dynamic
process requiring adaptive management that may, or may not, fully
follow the guidance provided in a recovery plan.
Recovery Planning and Implementation--The Recovery Plan was
approved by the Service on September 28, 1993 (Service 1993, 40 pp.).
The Recovery Plan includes recovery criteria intended to indicate when
threats to the species have been adequately addressed, and prescribes
actions necessary to achieve those criteria. We first discuss progress
on completing the primary recovery actions, then discuss recovery
criteria. The Recovery Plan identifies five primary actions necessary
for recovering S. albopilosa:
(1) Protect existing occurrences;
(2) Continue inventories;
(3) Conduct studies on life history and ecological requirements;
(4) Maintain plants and seeds ex situ; and
(5) Provide the public with information.
Three of five recovery actions (1, 2, and 5) have been
accomplished. Completion of the remaining actions (3
[[Page 70048]]
and 4) is discussed in greater detail below.
The Service entered into a cooperative agreement with KSNPC in
1986, under section 6 of the Act, for the conservation of endangered
and threatened plant species. This agreement has provided a mechanism
for KSNPC to acquire Federal funds that have supported much of the
recovery work described here. The Commonwealth of Kentucky and other
partners have also provided matching funds under this agreement that
have assisted in the species' recovery.
Recovery Action (1): Protect Existing Occurrences
The Recovery Plan states that an occurrence will be ``adequately
protected'' when it is legally protected, has received adequate
physical protection, and is assured of all required management (USFWS
1993, 40 pp.). Based on these criteria, we consider a total of 46 A-,
B-, or C-ranked occurrences on the DBNF to be adequately protected. We
base our decision regarding their level of protection on the location
of these occurrences (all are in DNBF ownership, and many are in remote
locations not visited by the public); trends in occurrence data
gathered by KSNPC, DBNF, and the Service; observations about threats
reported by KSNPC (2010, pp. 5-18); conservation actions described in
DBNF's Land and Resource Management Plan (LRMP); and information in our
files concerning specific DBNF conservation actions, such as trail
closure, placement of signs, and fencing. We have chosen to exclude
five, stable, self-sustaining occurrences from the list of
``protected'' occurrences because they are in private ownership, and no
conservation agreement or plan is in place to ensure their long-term
protection.
The species' primary threat has been identified as ground
disturbance and trampling associated with recreational activities
(i.e., camping, hiking, and rock-climbing) within the Red River Gorge.
To address these threats, the DBNF began to redirect trails and install
fencing (chicken wire) around selected S. albopilosa rock shelters in
February 2000. The DBNF focused on these occurrences because they were
near DBNF user-defined trails and were suffering obvious recreational
impacts--trampling and ground disturbance associated with camping, rock
climbing, and hiking. The DBNF also placed informational signs at these
shelters and at trailheads, alerting visitors to the presence of the
species and warning them against potential damage to plants.
Signs or fencing were placed and have been maintained at a total of
21 occurrences identified as being impacted in the past, and DBNF
personnel continue to visit these sites annually, checking the
condition of signs and fencing and making repairs as needed. To guard
against future impacts, the DBNF and KSNPC have proposed the addition
of new or expanded fencing at five occurrences. As stated below in this
recovery section, this new and expanded fencing is included as a
conservation action in the Service's signed cooperative management
agreement with DBNF and KSNPC (USFWS August 2016).
Monitoring results show that implementation of the LRMP, including
specific conservation actions described above (fencing and sign
placement), have had a positive effect on the species (KSNPC 2010, 24
pp.). Specifically, it has been demonstrated that disturbance from
trampling, camping, and rock climbing is low at remote occurrences, and
impacts have been reduced at more visited sites. The number of stems
has remained stable or increased at 20 of 21 occurrences (95 percent)
where fencing or informational signs have been added. For all extant
occurrences on the DBNF, 75 (68 percent) of 111 extant occurrences are
considered stable to increasing, and we consider 46 occurrences to be
self-sustaining (A-, B-, or C-ranked occurrences that are stable and
reproducing). Based on all these factors, we consider this recovery
action to be complete.
Recovery Action (2): Continue Inventories
There were 90 extant occurrences of S. albopilosa when the Recovery
Plan was completed (Service 1993, p. 2). In subsequent years, KSNPC
completed surveys within the Red River Gorge in 1996, 1999, 2002, 2004,
and 2005 (White and Drozda 2006, pp. 124-128; KSNPC 2010, p. 2),
raising the number of documented S. albopilosa occurrences from 90 to
141. Surveys in other areas of Kentucky and adjacent States with
suitable habitat (e.g., sandstone rock shelters) did not show evidence
of additional occurrences of the species (Campbell et al. 1989, pp. 29-
43; Palmer-Ball et al. 1988, pp. 19-25; Walck et al. 1996, pp. 339-341;
Norris and Harmon 2000, pp. 2-3). The first range-wide survey in the
Red River Gorge was completed during the field seasons of 2008 and 2009
(KSNPC 2010, pp. 4-8), and KSNPC and the Service completed follow-up
surveys at 30 extant occurrences in 2013 (See the Species Information
section above for detail on surveys). During these efforts, KSNPC and
the Service documented a total of 117 extant occurrences, and, of
these, we consider the A-, B-, and C-ranked occurrences (total of 46)
to be secure and self-sustaining. Because systematic searches for new
occurrences have been conducted since the completion of the Recovery
Plan and led to the discovery of previously unknown occurrences, we
consider this recovery action to be completed.
Recovery Action (3): Conduct Studies on Life History and Ecological
Requirements
This recovery action is incomplete (not all subactivities have been
addressed completely) but significant progress has been made. Since
publication of the Recovery Plan (Service 1993), studies of the
species' life history and ecological requirements have included
Esselman (1995, pp. 5-10), Esselman and Crawford (1997, pp. 246-251),
White and Drozda (2006, p. 125), KSNPC (2010, p. 5), and Nieves and Day
(2014, pp. 1-12). Esselman (1995, pp. 5-10) and Esselman and Crawford
(1997, pp. 246-251) studied the ancestry of S. albopilosa, examined
gene flow and genetic diversity within and between populations, and
investigated life-history traits (i.e., seed set, importance of
pollinators, self-incompatibility (the inability of a plant to produce
seeds when its flowers are pollinated from its own flowers or from
flowers of plants that are genetically the same)). The ancestry of S.
albopilosa was unclear, but it had the most morphological and genetic
similarity with S. flexicaulis. Despite this, the two species were
reported as genetically different, and there was no evidence of recent
gene flow. Esselman (1995, pp. 16-23) and Esselman and Crawford (1997,
pp. 251-253) observed the highest levels of genetic diversity between
populations rather than within populations. The levels of seed
production appeared to be about equal to that of other goldenrods, but
the amount of seed set varied between populations and appeared to
increase with increasing occurrence size. Pollination experiments
indicated that pollinators are necessary for seed set, and the species
is self-incompatible.
During field surveys between 1996 and 2009, KSNPC collected
occurrence information throughout the species' range, recording such
information as stem count, patch size, percent vegetative versus sexual
reproduction, recreational disturbance (ranked from low to high), other
perceived threats, and general habitat condition (White and Drozda
2006, p. 125; KSNPC 2010, p. 5). In its 2-year range-wide study,
[[Page 70049]]
KSNPC (2010, p. 5) used a two-page plant survey form to record more
detailed biological information at each occurrence: Population
structure (percent stems exhibiting vegetative versus reproductive
growth), occurrence size (square meters [m\2\]), plant height, number
of stems, number of rosettes, population density, plant vigor, and an
evaluation of threats (e.g., trampling, camping, invasive plants,
herbivory). KSNPC (2010, p. 5) also photographed each occurrence and
made sketches that showed individual patch locations within each
occurrence or rock shelter.
Nieves and Day (2014, pp. 1-12) conducted a preliminary assessment
of the microclimatic and pedological (soil) conditions of 10 rock
shelters inhabited by the species. They documented significant
differences between the inside of rock shelters and the surrounding
environment with respect to temperature and relative humidity (habitats
inside rock shelters were wetter and more humid) but no significant
differences with respect to soil characteristics (macronutrients and
acidity/alkalinity (pH)). Most of the rock shelters they investigated
were easterly or northerly facing, but their small sample size prevents
any significant conclusions with respect to the importance of sunlight
and solar radiation.
Under recovery action 3.0, two of seven subactivities remain to be
completed--the use of quantitative, permanent plots (3.1) and
determination of specific habitat requirements (3.3). Permanent plots
have not been established, but the species' known occurrences have been
visited and evaluated repeatedly (average of 3.6 times) since
completion of the recovery plan. These visits have allowed us to
evaluate the species' status and track the number of stems and flowers.
The purpose of recovery subactivity 3.1 was to evaluate demography, and
we believe the visits and work done in cooperation with KSNPC provided
enough population data on this plant for us to propose delisting it
without establishing permanent plots. The species' specific habitat
requirements (e.g., light, moisture, soils) are not well understood,
but preliminary investigations into the microclimate and soil
conditions of rock shelters were completed by Nieves and Day (2014, pp.
1-12), and additional research is planned (Nieves and Day 2014, pp. 11-
12). In partnership with DBNF and KSNPC, we have done extensive work
together to reduce threats such as disturbance. The purpose of recovery
subactivity 3.3 was to learn about habitat requirements of this plant
for the purposes of determining if reintroduction or artificial
propagation may be necessary to help recover this plant. Solidago
albopilosa occurrences have grown in number and size as recovery
implementation actions have been implemented and threats have been
removed or reduced. These successful actions have negated the necessity
of having to reintroduce or augment plants. We will continue to learn
more about the species' habitat requirements as we work with DBNF and
KSNPC through post-delisting monitoring. In the course of this work, if
a new threat of any kind presents itself, we have identified in the PDM
plan how we will evaluate it.
The majority of recovery subactivities (3.2, 3.4-3.7) have been
addressed; information has been gained regarding the species' life
history and ecological requirements; and the species' status has
improved since publication of the recovery plan. We were able to obtain
the intended information identified in recovery subactivity 3.3
(analyze habitat requirements) through implementation of other actions.
Although the need to conduct subactivity 3.3 has been removed with
positive progress in this plant's recovery program, we intend
throughout post-delisting monitoring to continue to work closely with
researchers as they learn more about this species and its habitat.
Recovery Action (4): Maintain Plants and Seeds Ex Situ
Seeds and plants of S. albopilosa have not been maintained ex situ
in any museum, botanical garden, or other seed storage facility;
however, an August 29, 2016, conservation agreement between the
Service, the Kentucky Natural Lands Trust, and the Missouri Botanical
Garden (MOBOT) will facilitate a seed-banking effort for S. albopilosa.
Through the agreement, MOBOT has secured funding that will allow it to
collect, curate, and maintain genetically diverse and representative
seed-bank accessions to safeguard against future population declines.
These efforts will take place as part of post-delisting monitoring
activities and will involve collection of seed from across the species'
range with deposition of the material at the MOBOT. Seed collection
will occur in the fall of 2016. Because of the conservation agreement
described above, which outlines future seed-banking activities by
MOBOT, we consider this recovery action to be on a path toward
completion and sufficient to contribute towards delisting.
Recovery Action (5): Provide the Public With Information
The KSNPC and DBNF have prepared several species factsheets and
signs that have been posted at gas stations, restaurants, kiosks, and
trailheads throughout the Red River Gorge. These signs are intended to
educate Red River Gorge visitors about the species and its threats.
Signs about S. albopilosa have also been posted in five
archaeologically sensitive rock shelters to aid in the protection of
historical artifacts while promoting the conservation of S. albopilosa.
DBNF also displays photographs and provides information on S.
albopilosa at its Gladie Cultural-Environmental Learning Center. KSNPC
makes available on its Web site (http://naturepreserves.ky.gov) an S.
albopilosa factsheet and several threatened and endangered species
lists that include information on S. albopilosa. In June 2009, the
Kentucky Department of Fish and Wildlife Resources published 2,000
copies of a revised threatened and endangered species booklet (second
edition), which contained a species account for S. albopilosa. Because
of the numerous public information and education projects listed above,
we consider this recovery action completed.
Recovery Criteria
The Recovery Plan states that S. albopilosa will be considered for
delisting when 40 geographically distinct, self-sustaining occurrences
are adequately protected and have been maintained for 10 years. An
occurrence is considered as self-sustaining if there is evidence of
successful reproduction and the number of stems is stable or
increasing. An occurrence is considered to be adequately protected when
it is legally protected, receives adequate physical protection, and is
assured of all required management. The Recovery Plan also noted that
the requirements for delisting were preliminary and could change as
more information about the biology of the species was known. Based on
our current understanding of the species' range, biology, and threats,
we believe that the delisting criteria continue to be relevant. While
the number of occurrences has increased since completion of the
Recovery Plan, the species' overall range and the type of threats have
not changed dramatically. Furthermore, our current knowledge of the
species' biology indicates that multiple, distinct populations should
be maintained in order to provide redundancy (protect against
stochastic events) and preserve genetic diversity. We believe the
recovery goal of 40 stable, self-
[[Page 70050]]
sustaining, and protected occurrences is sufficient to address these
needs. The species' current number of stable, self-sustaining, and
protected occurrences (46) has exceeded this recovery goal (see
discussion of Recovery Action 1 above). These occurrences are
distributed across the species' range and contain more than 75 percent
of the species' total number of stems.
The criteria for delisting S. albopilosa have been met, as
described below. Additionally, the level of protection currently
afforded to the species and its habitat, as well as the current status
of threats, are outlined below in the Summary of Factors Affecting the
Species section.
Currently, there are 117 extant occurrences. As described above, an
occurrence is defined as a ``discrete group of plants beneath a single
rock shelter or on a single rock ledge,'' and each occurrence is
considered ``geographically distinct'' as described in the recovery
criteria. We currently consider 81 (69 percent) of the 117 extant
Solidago albopilosa occurrences to be stable, meaning no change has
been detected (over an average monitoring period of 11.1 years) in
their general rank or status. Of these, we consider the A-, B-, and C-
ranked occurrences (total of 46) to be adequately protected and self-
sustaining as defined by the Recovery Plan. We consider these
occurrences to be self-sustaining for the following reasons:
(1) The number of stems at these occurrences has been stable or
increasing over an average monitoring period of 11.1 years;
(2) these natural occurrences contain a relatively high number of
stems (range of 797-9,200);
(3) the estimated viability of these occurrences ranges from fair
to excellent;
(4) the threat level at these occurrences is generally low (average
recreational impact of 2.5 or less on a scale of 1 (low impact) to 5
(high)); and
(5) the observed reproduction (flowering stems) at these
occurrences has been relatively high, averaging 75-90 percent of stems
in nearly all cases (KSNPC 2010, p. 10).
We consider these occurrences to be adequately protected because of
their location (all are located on DBNF land); trends in occurrence
data gathered by KSNPC, DBNF, and the Service; observations about
threats reported by KSNPC (2010, pp. 5-18); conservation actions
described in DBNF's LRMP; and information in our files concerning
specific DBNF conservation actions, such as trail closure, placement of
signs, and fencing. We do not consider the stable, D-ranked occurrences
(total of 30) to be self-sustaining, primarily due to their poor
estimated viability and the low number of stems (fewer than 300)
observed at these sites. However, due to the existence of 46
geographically distinct, self-sustaining occurrences, we conclude that
we have met and exceeded the criterion of 40 geographically distinct,
self-sustaining occurrences.
While we consider only 46 out of the 117 total extant occurrences
to currently be secure (adequately protected) and self-sustaining
(approximately 39 percent of the total occurrences), these occurrences
contain the majority of the total number of stems of the species. The
total number of stems now stands at approximately 174,000, and the 46
secure, self-sustaining occurrences contain approximately 131,000
stems, or about 75 percent of the species' total number. If we consider
the five additional self-sustaining occurrences located on private
property, the total number of stems increases to 140,500 stems, or
about 81 percent of the species' total number. While the remaining 65
occurrences on DBNF are not currently considered self-sustaining, all
of these occurrences will continue to receive protection and management
under DBNF's LRMP and we expect, based on the past 10 years of
monitoring, their status will likely remain stable or continue to
improve.
With respect to protection, 111 of 117 extant occurrences (95
percent) occur on the DBNF and receive management and protection
through DBNF's LRMP (USFS 2004, pp. 1.1-1.10). As specified in the
LRMP, S. albopilosa habitats receive protection and management
consideration as part of the Cliffline Community Prescription (or
management) Area (USFS 2004, pp. 3.5-3.8). The Cliffline Community is
defined as the area between 100-feet slope-distance from the top of the
cliff and 200-feet slope-distance from the dripline of the cliffline. A
cliffline is defined as a naturally occurring, exposed, and nearly
vertical rock structure at least 10 feet (3.05 meters (m)) tall and 100
feet (30.05 m) long. All known S. albopilosa occurrences occur within
habitats fitting this description and, therefore, are included in this
Prescription Area. For the Cliffline Community area, conservation goals
in the LRMP include: (1) Maintenance of the unique physical and
microclimatic conditions in these habitats, (2) the recovery of S.
albopilosa, and (3) the protection of these habitats against
anthropogenic disturbance (USFS 2004, p. 3.6). To meet these goals, the
following activities or resource uses are prohibited within the
cliffline zone: Mineral, oil, or gas exploration and development
(Forest Service Standard 1.C-MIN-1); road construction (1.C-ENG-1);
recreational facilities (1.C-REC-1); recreational activities such as
rock climbing and rappelling (C-REC-2); camping (1.C-REC-3); and
campfires (1.C-REC-4). Other activities such as wildlife management
(1.C-WLF) and vegetation management (1.C-VEG) are limited and strictly
controlled. This Prescription Area is classified as ``Unsuitable for
Timber Production,'' but timber harvests may occur on an unscheduled
basis to attain a desired future condition. Harvest of wood products
may occur only as an output in pursuing other resource objectives (USFS
2004, pp. 3.5-3.8). DBNF monitors cliffline habitats and protects them
as needed through law enforcement activities, construction of fences,
trail diversion, and placement of signs.
Since the species was listed, we have worked closely with KSNPC and
DBNF on the management and protection of S. albopilosa. Management
activities have included trail diversion (away from S. albopilosa
occurrences), installation of protective fencing, and placement of
informational signs in rock shelters, along trails, and at trailheads.
These activities and other management actions included in the DBNF's
LRMP (USFS 2004, pp. 3.5-3.8) have assisted in recovery of the species,
as reflected in the large number of stable occurrences (81), self-
sustaining occurrences (51 occurrences with ranks of A, B, or C), and
the long period (greater than 11 years) during which this trend has
been maintained. On August 29, 2016, we finalized a cooperative
management agreement among the Service, DBNF, and KSNPC that will
provide for the long-term protection of the species. The management
agreement outlines a number of conservation actions that will benefit
the species:
(1) Maintenance of current fencing;
(2) installation and maintenance of fencing at five new
occurrences;
(3) evaluation of trail diversion, rerouting, or closure at 39
occurrences identified by KSNPC (2010, entire);
(4) placement of new informational signs at occurrences with high
visitation;
(5) monitoring of extant occurrences;
(6) protection of extant occurrences through DBNF patrols; and
(7) continuation of education and outreach efforts. The cooperative
management agreement will remain in place until August 2022.
In summary, most major recovery actions are complete, and
significant
[[Page 70051]]
progress has been made on the remaining actions (life history/
ecological studies and ex situ seed conservation). Completion of these
actions has contributed to achieving and exceeding the recovery
criteria: 40 geographically distinct, self-sustaining occurrences are
adequately protected and have been maintained for over 10 years. The 46
secure, self-sustaining occurrences contain 75 percent of the species'
total number of stems, and thus represent 75 percent of the species'
total population. These secure, self-sustaining occurrences, as well as
93 percent of the species' remaining occurrences, currently receive
protection and management through implementation of DBNF's LRMP.
Therefore, we conclude that the goals and criteria outlined in the
Recovery Plan have been achieved.
Summary of Comments and Recommendations
In the proposed rule published September 1, 2015 (80 FR 52717), we
requested that all interested parties submit written comments on the
proposal by November 2, 2015. We also contacted appropriate Federal and
State agencies, scientific experts and organizations, and other
interested parties and invited them to comment on the proposal. Legal
notices inviting general public comment were published in the Lexington
Herald-Leader and Louisville Courier Journal. We reopened the comment
period on February 26, 2016 (81 FR 9798), in order to conduct peer
review and provide interested parties an additional opportunity to
comment on the proposed rule and draft post-delisting monitoring plan.
We requested that all interested parties submit written comments by
March 28, 2016.
During both comment periods for the proposed rule, we received a
total of 14 comment letters or statements directly addressing the
proposed action. These included 4 comment letters from peer reviewers
and 10 comment letters from the general public that are posted on
Federal docket no. FWS-R4-ES-2014-0054. All 4 peer reviewers and 7 of
10 public commenters supported the proposed action to delist white-
haired goldenrod. Three public commenters objected to the proposed
action.
Several public commenters simply expressed opposition to or support
for the proposed delisting of Solidago albopilosa without providing any
additional supporting information. We have noted those responses but,
as stated in our proposed rule, submissions merely stating support for
or opposition to the action under consideration without providing
supporting information will not be considered in making a
determination, as section 4(b)(1)(A) of the Act directs that a
determination as to whether any species is a threatened or endangered
species must be made ``solely on the basis of the best scientific and
commercial data available.''
State and Peer Review Comments
In accordance with our peer review policy, which was published on
July 1, 1994 (59 FR 34270), we solicited expert opinion on the proposed
rule and the draft post-delisting monitoring plan from four
knowledgeable, independent individuals with scientific expertise that
includes familiarity with Solidago albopilosa and its habitat,
biological needs, threats, and recovery efforts. We received responses
from all four peer reviewers. All peer reviewers supported our
conclusions and provided additional information, clarifications, and
suggestions to improve the final rule.
Section 4(b)(5)(A)(ii) of the Act states that the Secretary must
give actual notice of a proposed regulation under section 4(a) to the
State agency in each State in which the species is believed to occur,
and invite the comments of such agency. Section 4(i) of the Act directs
that the Secretary will submit to the State agency a written
justification for his or her failure to adopt regulations consistent
with the agency's comments or petition. The Service submitted the
proposed regulation to KNSPC, the State agency responsible for the
conservation of listed plants in Kentucky. KSNPC's chief botanist
provided peer review of the proposed rule.
We reviewed all comments received from the peer reviewers for
substantive issues and new information regarding the delisting of
white-haired goldenrod. Peer reviewer comments are addressed in the
following summary.
Comment (1): Two peer reviewers stated that management may be
needed beyond the period (5 years) covered by the post-delisting
monitoring plan to address potential impacts from invasive plants and
recreational activities (e.g., hiking, rock climbing). This comment
relates to just our PDM plan. Both reviewers commented that cooperative
efforts among the Service, DBNF, and KSNPC should address any future
threats to the species.
Our response: We agree with the reviewers that invasive plants and
recreational use in some areas may adversely affect S. albopilosa
occurrences in the future; however, the best scientific and commercial
data available to the Service demonstrate that S. albopilosa is
recovered and no longer requires the protection of the Act.
Nonetheless, the Service intends to work closely with all Federal and
State conservation agencies during the course of post-delisting
monitoring. We will follow the benchmarks in the plan for evaluating
success of efforts for this plant. We also believe protections outlined
by DBNF's LRMP, which are described in the Recovery Criteria section of
this document, will provide long-lasting benefits to the species.
DBNF's LRMP was completed in 2004 and is still in effect, and USFS
LRMPs are generally revised every 10 to 15 years or when conditions
change significantly. Actually, the last LRMP to cover DBNF was in
effect for 18 years (1985 to 2003). Also, on August 29, 2016, we
finalized a cooperative management agreement among the Service, DBNF,
and KSNPC that will provide for the long-term protection of the species
until 2022.
Public Comments
Comment (2): Three commenters disagreed with the proposed delisting
of white-haired goldenrod. In general, they stated that an insufficient
number of protected, viable occurrences were known for delisting to be
considered.
Our response: Under the Recovery Plan, Solidago albopilosa may be
considered for delisting when 40 geographically distinct, self-
sustaining occurrences are adequately protected and have been
maintained for 10 years. Currently, a total of 46 geographically
distinct occurrences are considered to be self-sustaining (viable) and
adequately protected, and these occurrences have been maintained for
more than 11 years. All remaining occurrences (of all ranks) will
contribute to the viability and persistence of S. albopilosa into the
future. Therefore, the recovery criteria for this species have been
met. In addition, threats to this plant have been removed or reduced to
a point where it no longer requires protection under the Act.
Comment (3): One commenter agreed with the delisting of Solidago
albopilosa but stated that the State of Kentucky should conduct routine
monitoring of rare plants, such as S. albopilosa, and pass legislation
that protects these species.
Our response: Most Solidago albopilosa occurrences (about 95
percent) are located on Federal property (DBNF) and receive management
and protection under DBNF's LRMP. The remaining occurrences are located
on private property and, while they could benefit from protections
provided by State legislation, the Service cannot
[[Page 70052]]
require a State to pass such legislation. With respect to monitoring
and protection of rare plants like S. albopilosa, the DBNF and KSNPC
have worked closely with the Service and other conservation partners
over the past 20 years to implement conservation actions, including
monitoring, that have benefited this and other rare species. We expect
these collaborations to continue.
Summary of Changes From the Proposed Rule
We have considered all comments and information received during
both comment periods for the proposed rule to delist white-haired
goldenrod. In this final rule, we have made only minor changes based on
comments received during the public comment period. We received
supplementary information from DBNF on seed germination, seedling
viability, and the potential threat posed by fungal infection. These
details have been incorporated into this final rule.
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for listing species, reclassifying
species, or removing species from listed status. We may determine that
a species is an endangered or threatened species because of one or more
of the five factors described in section 4(a)(1) of the Act:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) overutilization for commercial, recreational, scientific, or
educational purposes;
(C) disease or predation;
(D) the inadequacy of existing regulatory mechanisms; or
(E) other natural or manmade factors affecting its continued
existence.
We must consider these same five factors in delisting a species.
A recovered species is one that no longer meets the Act's
definition of endangered or threatened. Determining whether the status
of a species has improved to the point that it can be delisted or
downlisted requires consideration of same five categories of threats
identified above. This analysis is an evaluation of both the threats
currently facing the species and the threats that are reasonably likely
to affect the species in the foreseeable future following the delisting
and the removal of the Act's protections.
The following analysis examines all five factors currently
affecting or that are likely to affect S. albopilosa within the
foreseeable future. It contains updated information from that presented
in the proposed rule (80 FR 52717, September 1, 2015).
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The final rule to list S. albopilosa as threatened (53 FR 11612,
April 7, 1988) identified the following habitat threats: ground
disturbance and trampling associated with unlawful archaeological
activities and recreational activities such as camping, hiking, and
rock climbing. The species occupies a scenic and unique geological area
that is heavily visited by hikers, campers, rock-climbers, and other
nature enthusiasts. The U.S. Forest Service estimates recreational use
of the Red River Gorge at approximately 500,000 visitor days per year
(Taylor pers. comm. 2013). Recreational activities such as camping,
hiking, and rock climbing can pose a threat to the species through
inadvertent trampling and ground disturbance of S. albopilosa habitats.
Evidence of trampling and ground disturbance within rock shelters has
been observed repeatedly by KSNPC and DBNF personnel (KSNPC 2010, pp.
13-14).
Habitat disturbance and trampling associated with recreational
activities (camping, hiking, and rock climbing) and archaeological
looting in the past have posed a significant threat to the species. The
Red River Gorge is a popular recreational area (Taylor pers. comm.
2013). Many trails and recreational areas within the Gorge are located
near Solidago albopilosa occurrences, and rock shelters are often
targeted as rock climbing, hiking, and camping sites. Use of rock
shelters and cliff lines by campers, hikers, and rock climbers has
contributed to physical habitat disturbance and has led to trampling of
plants in rock shelters (Service 1993, p. 7; White and Drozda 2006, pp.
124-125; KSNPC 2010, pp. 13-14). In addition to habitat disturbance
caused by recreationists, the presence of Native American artifacts
within the Red River Gorge has contributed to digging and
archaeological looting in S. albopilosa habitats (rock shelters).
Approximately 18 Solidago albopilosa occurrences have been extirpated
due to human activities, and many heavily visited rock shelters have
been modified to the point that these habitats are no longer suitable
for the species (KSNPC 2010, pp. 6-7).
According to the DBNF, impacts from archaeological looting are now
infrequent, and these activities no longer pose a significant threat to
S. albopilosa within the Red River Gorge (Taylor pers. comm. 2013). As
for recreational impacts, most Solidago albopilosa occurrences are
located in remote ravines of the Red River Gorge or grow along
inaccessible cliff lines that are seldom visited or disturbed by
campers, hikers, and rock climbers. Therefore, the threat magnitude at
these sites is low.
Occurrences located in areas with more frequent visitor use,
typically areas near DBNF and user-defined trails, generally have
suffered more severe habitat disturbance and trampling in the past.
Site protection and habitat management efforts by DBNF, working
cooperatively with KSNPC and the Service, have helped to reduce the
magnitude of threats at these sites. These occurrences have benefited
from their location on the DBNF and management and protective actions
provided under DBNF's LRMP (USFS 2004, pp. 1.1-1.10), which prevents
general land disturbance and prohibits or limits logging and other
DBNF-defined activities near cliffline habitats. The LRMP also protects
rock shelters from vandalism and forbids removal of threatened and
endangered species from these areas (see details in Recovery Criteria
section).
The DBNF monitors these sites and protects them as needed through
law enforcement efforts, construction of fences, trail diversion, and
placement of signs. To protect occurrences from trampling, fire-
building, and digging, signs have been posted at all entry points to
the Red River Gorge asking visitors not to remove or disturb historical
resources and providing visitors with biological and status information
on S. albopilosa. Similar signs were also placed inside at least five
archaeologically significant rock shelters that contained S.
albopilosa. Beginning in February 2000, DBNF began to redirect trails
and install fencing (chicken wire) around selected rock shelters (those
with greatest visitation) containing S. albopilosa. Signs were also
placed at these shelters, alerting visitors to the presence of the
species and warning them against potential damage to plants. Signs and/
or fencing were placed and have been maintained at a total of 21
occurrences, and DBNF personnel continue to visit these sites annually,
checking the condition of signs and fencing and making repairs as
needed.
Monitoring results show that implementation of DBNF's LRMP and the
completion of additional conservation actions such as fencing and sign
placement have had a positive effect on the species, the number of
stems has increased, and the level of
[[Page 70053]]
habitat disturbance and trampling associated with recreational
activities has been reduced (KSNPC 2010, 24 pp.). Of the 21 occurrences
on the DBNF where fencing and signs were added, 20 are considered to be
stable and the 1 declining occurrence will be protected through
expanded fencing. Additional evidence that these conservation efforts
have improved the status of S. albopilosa occurrences on the DBNF is
the large number of stable occurrences (75) and the relatively high
number of secure, self-sustaining occurrences (46) observed by DBNF,
KSNPC, and the Service. The 46 secure, self-sustaining occurrences
exceed the number identified in the recovery criteria to allow
consideration of delisting.
Additional evidence that conservation actions have had a positive
effect on the species is the relatively low recreational impacts
observed by KSNPC (2010, pp. 13-14) at the majority of DBNF
occurrences. Recreational impacts have been assessed by KSNPC since the
mid-1990s (White and Drozda 2006, pp. 124-125; KSNPC 2010, pp. 13-14).
Their qualitative ranking scheme estimates the percent disturbance of
available habitat and uses a scale of 1 (little or no impact) to 5
(high impact, greater than 50 percent of available habitat disturbed)
to produce a disturbance rank. Based on recent evaluations by KSNPC
(KSNPC 2010, 40 pp.; White pers. comm. 2014), 70 occurrences (60
percent) are classified as low impact (rank of 1-2), 8 occurrences (7
percent) are classified as medium impact (rank of 3), and 39
occurrences (33 percent) are classified as high impact (rank of 4-5).
Overall, 67 percent of DBNF's occurrences are considered to be exposed
to low to medium recreational impacts. KSNPC (2010, p. 14) also noted
that they did not observe many new recreational impacts during their
surveys in 2008 and 2009. Most of the documented recreational impacts
such as established trails, permanent structures within rock shelters
(couches, chairs, fire pits), and camp sites had been in place since
before S. albopilosa monitoring began in 1996 (KSNPC 2010, p. 14).
The six occurrences on privately owned lands currently do not
benefit from any formal protection or management and, therefore, could
face higher magnitude threats (e.g., habitat disturbance) than those
located on the DBNF. However, based on recent survey results by KSNPC,
all six of these private occurrences have been ranked as ``stable,''
and five of the six are considered to be self-sustaining (A-, B-, or C-
rank) (KSNPC 2010, p. 8). While these occurrences potentially could
face a greater level of threats, they currently do not appear to be
facing a greater level of impact, and they represent a small proportion
(five percent) of the overall population of the species.
Summary of Factor A: Impacts associated with archaeological looting
and recreational activities have been well documented in the past, but
current monitoring data suggest that the magnitude of these threats has
sufficiently decreased. Implementation of the DBNF's LRMP and specific
conservation actions such as fencing and sign placement have had a
positive effect on the species and have reduced the threat associated
with recreational disturbance. The recovery goal of 40 stable, self-
sustaining, protected occurrences has been exceeded by 6, and these
trends have held for more than 10 years. Because we expect that the
lands containing the 46 secure and self-sustaining occurrences will
remain permanently protected in Federal ownership and will be managed
to maintain or improve current habitat conditions (see Service 2016,
entire), we find that the present or threatened destruction,
modification, or curtailment of its habitat or range is no longer a
threat to the continued existence of S. albopilosa.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Both the final rule to list S. albopilosa as threatened (53 FR
11612, April 7, 1988) and the Recovery Plan (Service 1993, p. 7)
identified overutilization for recreational purposes as a threat to the
species. However, while the use of habitat for recreational purposes,
as discussed under Factor A, has impacted the species in the past,
there is no evidence that the plant itself is or was utilized for
commercial, recreational, scientific, or educational purposes. We,
therefore, discuss impacts from recreational use of habitat for S.
albopilosa under Factor A above.
Summary of Factor B: We conclude that overutilization is not a
threat to S. albopilosa.
C. Disease or Predation
The listing rule for S. albopilosa (53 FR 11612, April 7, 1988) did
not identify disease or predation as a threat to the species. Plants
are occasionally browsed by herbivores, such as white-tailed deer
(Odocoileus virginianus), wood rats (Neotoma spp.), and caterpillars
(Order Lepidoptera), but we have no information that grazing by these
species represents a threat to the species (Taylor 2016, pers. comm.).
In 2014, the DBNF observed a rust fungus on the leaves in one
population, but the fungus was not extensive within the population and
did not appear to harm the plants. The fungus may have been triggered
by weather conditions in 2014 and was not observed by DBNF in 2015
(Taylor 2016, pers. comm.).
Summary of Factor C: We continue to conclude that neither disease
nor predation are threats to S. albopilosa.
D. The Inadequacy of Existing Regulatory Mechanisms
Populations of S. albopilosa within the DBNF are protected from
damage and unauthorized taking by Federal regulation (36 CFR 261.9).
This regulation would apply regardless of whether the species is listed
because S. albopilosa would still be considered a sensitive, rare, or
unique species on the DBNF under this Federal regulation. However, the
final listing rule (53 FR 11612, April 7, 1988) identified inadequate
regulatory mechanisms as a threat to S. albopilosa because limited
manpower and the remoteness of many occurrences on the DBNF makes
enforcement difficult. The DBNF has taken several steps to remedy this
situation. As noted above, S. albopilosa receives management and
protection through DBNF's LRMP and its conservation goals for the
Cliffline Community Prescription Area. The National Forest Management
Act (NFMA), and regulations and policies implementing the NFMA are the
main regulatory mechanisms that guide land management on the DBNF,
which contains 111 of the 117 extant occurrences of S. albopilosa.
Since listing, the DBNF has included S. albopilosa and its habitat in
its resource management plans. These plans are required by the NFMA and
the Federal Land Policy and Management Act of 1976. The NFMA requires
revision of the Plans every 15 years; however, plans may be amended or
revised as needed. Management plans are required to be in effect at all
times (in other words, if the revision does not occur, the previous
plan remains in effect) and to be in compliance with various Federal
regulations. We expect continued implementation of the LRMP and expect
that any future revisions will consider conservation of S. albopilosa
and its Cliffline Community habitats.
Specific actions that DBNF has taken under the LRMP include
measures to reduce impacts of recreational activities to S. albopilosa
and its habitat as discussed under Factor A. As discussed above, these
and other protection and management actions taken by DBNF under their
LRMP (USFS 2004, pp. 1.1-1.10) have been successful at improving the
status of the species. Monitoring
[[Page 70054]]
results from these occurrences show that these efforts have had a
positive effect on the species. Specifically, disturbance from
trampling, camping, and rock climbing has been reduced in these areas,
and the number of stems has increased.
The species is listed as endangered by the State of Kentucky (KSNPC
2005), but this designation conveys no legal protection to occurrences
located on private property. Consequently, occurrences on privately
owned land could face higher magnitude threats (e.g., habitat
disturbance) than those located on the DBNF. Based on recent survey
results by KSNPC, however, only 6 of 117 extant S. albopilosa
occurrences (5 percent) are located on private land, and 5 of these
occurrences have been ranked as ``stable'' (A-, B-, or C-rank) by KSNPC
(KSNPC 2010, p. 8). Therefore, based on this greater than 10-year data
set, the majority of private occurrences are also stable.
Summary of Factor D: Occurrences of S. albopilosa located on the
DBNF receive protection due to their location on Federal property, and
these occurrences are managed and protected under DBNF's LRMP (USFS
2004, pp. 1.1-1.10). This protected status and management actions
included in the LRMP will continue to provide adequate regulatory
protection for these occurrences. Monitoring results show that DBNF's
management actions have had a positive effect on the species.
Specifically, disturbance from trampling, camping, and rock climbing
has been reduced and the number of stems has stabilized or increased.
Based on the best available information for both private and public
lands occurrences, and the fact that existing regulatory mechanisms and
associated management practices will continue on public lands, we
conclude that existing regulatory mechanisms are adequate.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Other natural or manmade factors were first identified as a threat
to Solidago albopilosa due to the species' specialized habitats
(sandstone rock shelters and cliff habitats of the Red River Gorge) and
the perceived vulnerability of these habitats to any physical or
climatic change (52 FR 13798, April 24, 1987; 53 FR 11612, April 7,
1988). In the species' final listing rule (53 FR 11612) published in
1988, the Service concluded that even minor changes in the surrounding
forest (e.g., loss of canopy trees) could impact the species through
drying, erosion, and competition with sun-tolerant species. At the
time, these potential changes were not considered to be an imminent
threat to white-haired goldenrod, but the final listing rule identified
the need for management planning that would take into account the
requirements of the species to ensure its continued existence.
Some surveys and status assessments of Solidago albopilosa
identified several potential threats under Factor E. These included
competition from invasive plants, the loss of eastern hemlock (Tsuga
canadensis), low genetic diversity and small population size, and the
effects of climate change (Service 2009a, p. 9; Service 2009b, p. 2;
KSNPC 2010, pp. 13-14). KSNPC (2010, p. 14) reported several invasive
plant species in habitats occupied by white-haired goldenrod, but the
most common species included Japanese stilt grass (Microstegium
vimineum), princess tree (Paulownia tomentosa), Japanese spiraea
(Spiraea japonica), common chickweed (Stellaria media), and common
mullein (Verbascum thapsus). Of the invasive plant species, Japanese
stilt grass was the most common species. It was observed growing in
direct competition with 23 S. albopilosa occurrences. However, invasive
species were absent from 94 of 117 extant S. albopilosa occurrences
(about 80 percent) and 53 of 81 stable occurrences (65 percent) (KSNPC
2010, p. 14; Service 2014, pp. 1-6). For the 23 occurrences in direct
competition with invasive plants, most (16 of 23 (70 percent)) were
stable or increased over the 10-year monitoring period (KSNPC 2010, p.
14; Service 2014, pp. 1-6).
We do not have data that specifically address the effects of
climate change with regard to invasive species attributes such as
distribution or range and the relation to white haired goldenrod. There
are some data showing that more common aggressive invasive species like
kudzu (Pueraria lobata) may expand into greater ranges due to possible
effects of climate change (Bradley et al. 2009). However, species like
Japanese stilt grass are more recent invaders to this area of the
Southeast, and other than the data presented above, we do not have
further information or data that indicates competition from invasive
plants will change in significance as a threat to the species. Our
current data suggest that Japanese stilt grass is not a significant
threat to S. albopilosa as 70 percent of occurrences in direct
competition with Japanese stilt grass were stable or increased over the
last 10 years. Therefore, we do not believe that competition from
invasive plants is a significant threat to the species now or in the
foreseeable future.
The hemlock woolly adelgid (Adeleges tsugae), an aphid-like insect
that is native to Asia, has been identified as a potential threat to
Solidago albopilosa because it has the potential to severely damage
stands of eastern hemlocks (Tsuga canadensis) that occur near rock
shelters and cliffs occupied by the species (Service 2009b, p. 2; KSNPC
2010, p. 15). The hemlock woolly adelgid was introduced in the Pacific
Northwest during the 1920s and has since spread throughout the eastern
United States, reaching Kentucky by 2006. The species creates an
extreme amount of damage to natural stands of hemlock, specifically
eastern hemlock and Carolina hemlock (Tsuga caroliniana). The Recovery
action plan (Service 2009b, p. 2) concluded that the loss of eastern
hemlock within the Red River Gorge could result in microclimatic
changes (increased light, decreased moisture, increased leaf litter) in
and near rock shelters that may negatively affect white-haired
goldenrod. Despite this potential threat, KSNPC (2010, p. 15)
demonstrated in their evaluation that eastern hemlock was actually a
minor component of the canopy surrounding rock shelters inhabited by
the species. Consequently, the eventual loss of eastern hemlocks would
not represent a significant change to the canopy surrounding these rock
shelters and would, therefore, not represent a significant threat to
the species.
Potential impacts that may be associated with low genetic
variability such as inbreeding depression, reduced fitness, or reduced
adaptive capacity (ability to respond to and adapt to changing
conditions) have been identified as a potential threat to other listed
plant species, but we have no information suggesting that low genetic
variability affects S. albopilosa (53 FR 11614, April 7, 1988; Service
2009a, entire; KSNPC 2010, 24 pp.). Esselman and Crawford (1997, pp.
245-257) reported that S. albopilosa exhibits genetic diversity both
within and between populations (genetic diversity is widely spread
among populations, and populations are not genetically homogenous). The
highest level of genetic diversity was observed within (as opposed to
between) populations. Consequently, we do not believe that the
potential effects associated with low genetic variability threaten the
continued existence of S. albopilosa now or in the foreseeable future.
Some Solidago albopilosa occurrences may be more vulnerable to
extirpation due to their small population size and poor estimated
viability. The low number of stems
[[Page 70055]]
(typically less than 300), poor estimated viability, and high
recreational impacts associated with D-ranked occurrences make these
occurrences more vulnerable to stochastic events. Currently, 62 of the
species' 117 extant occurrences (53 percent) are D-ranked. Even though
these occurrences may be more vulnerable to extirpation, the overall
threat to the species is minimal because these occurrences contain less
than 20 percent of the species' total number of stems. Additionally, a
small population size in and of itself is not indicative of being in
danger of extinction, and this was likely never a naturally common or
abundant species. Some Solidago albopilosa occurrences may have always
had fewer plants in rock shelters with less favorable conditions (e.g.,
small size, drier conditions).
The Intergovernmental Panel on Climate Change (IPCC) concluded that
warming of the climate system is unequivocal (IPCC 2014, p. 3). Effects
associated with changes in climate have been observed including changes
in arctic temperatures and ice, widespread changes in precipitation
amounts, ocean salinity, and wind patterns and aspects of extreme
weather including droughts, heavy precipitation, heat waves, and the
intensity of tropical cyclones (IPCC 2014, p. 4). Species that are
dependent on specialized habitat types, limited in distribution, or at
the extreme periphery of their range may be most susceptible to the
impacts of climate change (Byers and Norris 2011, p. 17; Anacker and
Leidholm 2012, p. 2). However, while continued change is certain, the
magnitude and rate of change is unknown in many cases. The magnitude
and rate of change could be affected by many factors (e.g., circulation
patterns), but we have no additional information or data regarding
these factors with respect to white-haired goldenrod.
There is evidence that some terrestrial plant populations have been
able to adapt and respond to changing climatic conditions (Franks et
al. 2013, entire). Both plastic (phenotypic change such as leaf size or
phenology) and evolutionary (shift in allelic frequencies) responses to
changes in climate have been detected. Both can occur rapidly and often
simultaneously (Franks et al. 2013, p. 135). Relatively few studies are
available, however, that (1) directly examine plant responses over
time, (2) clearly demonstrate adaptation or the causal climatic driver
of the responses, or (3) use quantitative methods to distinguish
plastic versus evolutionary responses (Franks et al. 2013, p. 135).
To generate future climate projections across the range of white-
haired goldenrod, one tool we used was the National Climate Change
Viewer (NCCV), a climate-visualization Web site tool developed by the
U.S. Geological Survey (USGS) that allows the user to visualize climate
projections at the State, county, and watershed level (Adler and
Hostetler 2013, entire; http://www.usgs.gov/climate_landuse/clu_rd/nccv.asp). Initially, the viewer was designed to provide information
for States and counties on projected temperature and precipitation
through the 21st century. The viewer was expanded in 2014 to provide
information on associated projected changes in snowpack, soil moisture,
runoff, and evaporative deficit for U.S. States and counties and for
USGS Hydrologic Units or watersheds as simulated by a simple water-
balance model. The model provides a way to simulate the response of the
water balance to changes in temperature and precipitation in the
climate models (30 separate models developed by the National Aeronautic
and Space Administration). Combining the climate data with the water
balance data provides further insights into the potential for climate-
driven change in water resources. The viewer uses tools such as
climographs (plots of monthly averages); histograms showing the
distribution or spread of model simulations; monthly time series
spanning 1950-2099; and tables that summarize changes (and extremes) in
temperature and precipitation during these periods. The application
also provides access to comprehensive, three-page summary reports for
States, counties, and watersheds.
Using the NCCV and assuming the more extreme Representative
Concentration Pathways (RCP) greenhouse gas emission scenario (RCP
8.5), in which greenhouse gas emissions continue to rise unchecked
through the end of the century leading to an equivalent radiative
forcing of 8.5 Watts m\2\, we calculated projected annual mean changes
for maximum temperature (+3.6 degrees Celsius ([deg]C) (+6.5 degrees
Fahrenheit ([deg]F)), precipitation (+0.02-0.03 cm/day (+0.008-0.012
in/day)), runoff (-0.25 cm/month (-0.1 in/month), snowfall (-0.5 cm (-
0.2 in)), soil storage (-2.5 cm (-1.0 in)), and evaporative deficit
(+0.75 cm/month (+0.3 in/month)) for the period 2050-2074 in Menifee,
Powell, and Wolfe Counties (Adler and Hostetler 2013, entire). Based on
these results, all three counties within the range of Solidago
albopilosa will be subjected to higher maximum temperatures (annual
mean increase of 3.6 [deg]C (6.5 [deg]F)) and slightly higher
precipitation (annual mean increase of 0.02-0.03 cm/day (+0.008-0.012
in/day)) relative to the period 1950-2005. Because the average annual
increase in precipitation is predicted to be only slightly higher, the
increased evaporative deficit and the loss in runoff, snowfall, and
soil storage is primarily a result of higher maximum and minimum
temperatures. The most dramatic shift is predicted for soil storage,
which will decrease significantly between mid-May and late November
relative to 1950-2005. Despite the slight increase in predicted
precipitation, the coincident warming means that habitats are unlikely
to maintain their current moisture status.
To evaluate the vulnerability of Solidago albopilosa to the effects
of climate change, we also used NatureServe's Climate Change
Vulnerability Index (CCVI) (Young et al. 2015, entire), a climate
change model that uses downscaled climate predictions from tools such
as Climate Wizard (Givertz et al. 2009, entire) and combines these with
readily available information about a species' natural history,
distribution, and landscape circumstances to predict whether it will
likely suffer a range contraction and/or population reductions due to
the effects of climate change. The CCVI uses an Excel platform that
allows users to enter numerical or categorical weighted responses to a
series of questions about risk factors related to species exposure and
sensitivity to climate change. The CCVI separates vulnerability into
its two primary components: A species' exposure to changes in climate
within a particular assessment area and its inherent sensitivity to the
effects of climate change. The tool gauges 20 scientifically documented
factors and indicators of these components, as well as documented
responses to climate change where they exist.
While the Index calculates anticipated increases or declines in
populations of individual species, it also accommodates inherent
uncertainties about how species respond within their ecological
contexts. The CCVI generated a vulnerability rating of ``extremely
vulnerable'' to ``highly vulnerable'' for white-haired goldenrod,
suggesting that the species' abundance and/or range extent could change
substantially or possibly disappear by 2050 (Young et al. 2015, p. 44).
Factors influencing the species' high vulnerability were its poor
movement/dispersal ability, its connection with uncommon geologic
features, and its unique hydrological niche (humid, shaded rock
shelters). Byers and Norris (2011, p. 16) completed a CCVI for plants
in an
[[Page 70056]]
adjacent state, West Virginia, and concluded that top risk factors
included poor dispersal ability, natural and anthropogenic barriers to
dispersal, dependence on wetland habitats, restriction to areas with
unique geology, and genetic bottlenecks (Byers and Norris 2011, p. 16).
Although the CCVI model (Young et al. 2015, entire) suggested that
Solidago albopilosa is greatly exposed and sensitive to climate change
and could be adversely affected in future years, Anacker and Leidholm
2012 (pp. 16-17) noted that there are a number of weaknesses associated
with the CCVI: (1) It is weighted too heavily towards direct exposure
to climate change (projected changes to future temperature and
precipitation conditions that have high levels of uncertainties); (2)
some important plant attributes are missing (mating system and
pollinator specificity); (3) it is very difficult to complete scoring
for a given species because some information is simply lacking; and (4)
some scoring guidelines are too simplistic (Anacker and Leidholm (2012,
pp. 16-17). Topographic complexity was considered to be a potential
complementary factor in assessing vulnerability to climate change
(Anacker and Leidholm 2012, pp. 12-16). Topographically complex areas,
such as the Red River Gorge region, have been predicted to be less
vulnerable to the effects of climate change (Anacker and Leidholm 2012,
pp. 15-16), so species such as Solidago albopilosa may also be less
vulnerable to such effects as compared to plants that occur in areas
with low topographic complexity.
Additionally, Phillips (2010, entire) found that efforts to predict
responses to climate change and to interpret both modern and
paleoclimate indicators are influenced by several levels of potential
amplifiers, which can either increase or exaggerate climate impacts,
and/or filters, which reduce or mute impacts. He notes that climate
forcings (factors that drive or ``force'' the climate system to change
such as the energy output of the sun, volcanic eruptions, or changes in
greenhouse gases) are partly mediated by ecological, hydrological, and
other processes that may amplify or filter impacts on surface processes
and landforms. For example, resistance or resilience of geomorphic
systems may minimize the effects of changes. Thus, a given geomorphic
response to climate could represent amplification and/or filtering
(Phillips 2010, p. 571). Due to white-haired goldenrod's habitat
specificity in rock shelters and cliff overhangs, the effects of
climate change are likely muted or diminished due to this species'
specific habitat conditions.
Based on observations of climatic conditions over a period of 25
years (KSNPC (2010, p. 13), there is some biological and historical
evidence to suggest that S. albopilosa is adapted to endure some of the
potential effects of climate change, including more frequent droughts
and an estimated 2.6-3.6 [deg]C (4.7-6.5 [deg]F) increase in average
annual maximum temperature. Habitats within the Red River Gorge often
experience multiyear droughts, and S. albopilosa occurrences can become
stressed during these periods. For example, the Cumberland Plateau
region of Kentucky experienced a several-year drought prior to KSNPC's
2008-2009 survey. These dry conditions continued during 2008, and KSNPC
observed many drought-stressed occurrences. The following year (2009)
was relatively wet, and several of these drought-stressed occurrences
quickly improved (KSNPC 2010, p. 13). Despite this most recent dry
period and others in the past, the species has demonstrated a
resiliency to prolonged periods of drought. Although downscaling models
exist at the county level (Alder and Hostetler 2013), we do not have
data at the proper scale (inside rock shelters or in cliff overhangs)
to determine, for example, how the species is affected by decreased
relative humidity during a drought year, but periodic drought may be a
normal cyclical event needed to increase production. The shaded,
cooler, and more humid environment of rock shelters (Nieves and Day
2014, p. 7) and the topographic complexity of the Red River Gorge
region (Anacker and Leidholm 2012, pp. 15-16) may offer some relief
from drying and may contribute to the species' ability to survive these
conditions.
Although climate change is almost certain to affect terrestrial
habitats in the Red River Gorge region of Kentucky (Adler and Hostetler
2013, entire), there is uncertainty about the specific effects of
climate change on white-haired goldenrod. Currently, we have no
evidence that climate change effects observed to date have had any
adverse impact on S. albopilosa or its habitats, and we are uncertain
about how projected future changes in temperature, precipitation, and
other factors will influence the species. However, the best available
information indicates that the effects of climate change do not
represent an imminent threat now or in the foreseeable future.
Summary of Factor E: Other potential threats such as minor
vegetational changes in the surrounding forest, competition with
invasive species, low genetic variability, small population size, and
the effects of climate change have been identified as potential threats
to S. albopilosa. Invasive species occur in only 23 of 117 extant
occurrences, and most of these occurrences (16) have remained stable.
We do not expect the loss of eastern hemlock to have a significant
impact on the species because eastern hemlock is a minor component of
the forest canopy surrounding S. albopilosa occurrences. The potential
effects of low genetic diversity do not represent a threat as the
species has relatively high genetic diversity. Small populations may be
vulnerable to stochastic events, but these occurrences contain only a
small proportion of the species' total number of stems. We do not
consider climate change to be an imminent threat based on the species'
current status, its demonstrated resiliency to periods of drought, and
our uncertainty regarding the species' vulnerability to the effects of
climate change. Based on all these factors, we find that other natural
or manmade factors considered here are no longer a significant threat
to S. albopilosa.
Overall Summary of Factors Affecting White-Haired Goldenrod
The primary factors that led to white-haired goldenrod's listing
under the Act were its limited range and habitat threats associated
with ground disturbance and trampling caused by unlawful archaeological
activities and recreational activities such as camping, hiking, and
rock climbing. Other factors included the inadequate protection of
occurrences on the DBNF and potential minor vegetational changes in
forests surrounding Solidago albopilosa occurrences. We have carefully
assessed the best scientific and commercial information available
regarding the threats faced by white-haired goldenrod. These threats
have been removed or ameliorated by conservation actions of multiple
conservation partners for more than 20 years. These activities and
other management actions included in the DBNF's LRMP (USFS 2004, pp.
3.5-3.8) have assisted in recovery of the species as reflected in the
large number of stable, self-sustaining, protected occurrences (46),
and the long period (greater than 11 years) during which this trend has
been maintained. Furthermore, a new cooperative management agreement
among the Service, DBNF, and KSNPC was signed on August 29, 2016, and
will provide for the long-term protection of the species.
Based on our assessment of factors potentially impacting the
species and its habitat, the species' improved status (a
[[Page 70057]]
sufficient number of viable occurrences), and multiple conservation
efforts by the Service and its partners, we conclude that Solidago
albopilosa is not in danger of extinction throughout all of its range
or likely to become endangered within the foreseeable future throughout
all of its range.
Determination
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 and removing species from the Federal Lists of Endangered
and Threatened Wildlife and Plants. An assessment of the need for a
species' protection under the Act is based on whether a species is in
danger of extinction or likely to become so because of any of five
factors as required by section 4(a)(1) of the Act. We conducted a
review of the status of this species and assessed the five factors to
evaluate whether Solidago albopilosa 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 Solidago albopilosa and its habitat. We
reviewed the information available in our files and other available
published and unpublished information, and we consulted with recognized
experts and other Federal and State agencies.
In considering what factors might constitute threats, we must look
beyond the mere exposure of the species to the factor to determine
whether the exposure 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 the threat 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 determination 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 species or threatened species
under the Act.
During our analysis, we did not identify any factors that reach a
magnitude that threaten the continued existence of the species.
Significant impacts at the time of listing that could have resulted in
the extirpation of all or parts of populations have been eliminated or
reduced since listing, and we do not expect any of these conditions to
substantially change post-delisting and into the foreseeable future. We
conclude that the previously recognized impacts to Solidago albopilosa
from the present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A), the inadequacy of
regulatory mechanisms (Factor D), and minor vegetational changes in the
surrounding forest (Factor E), have been ameliorated or reduced such
that S. albopilosa is no longer in danger of extinction throughout all
of its range or likely to become endangered within the foreseeable
future throughout all of its range. We, therefore, conclude that S.
albopilosa does not meet the definition of a threatened species, nor is
it likely to become so in the foreseeable future.
Significant Portion of the Range Analysis
Background
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
throughout all or a significant portion of its range. Having determined
that Solidago albopilosa is not endangered or threatened throughout all
of its range, we next consider whether there are any significant
portions of its range in which Solidago albopilosa is in danger of
extinction or likely to become so. We published a final policy
interpreting the phrase ``Significant Portion of its Range'' (SPR) (79
FR 37578; July 1, 2014). In pertinent part, the final policy states
that (1) if a species is found to be endangered or threatened
throughout a significant portion of its range, the entire species is
listed as endangered or threatened, 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 endangered or threatened 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; and (3) the range of a species is
considered to be the general geographical area within which that
species can be found at the time the Service makes any particular
status determination.
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 endangered
in the foreseeable future throughout all of its range, we list the
species as an endangered species or threatened species and no SPR
analysis will be required. If the species is neither in danger of
extinction nor likely to become so throughout all of its range, as we
have found here, we next determine whether the species is in danger of
extinction or likely to become so throughout a significant portion of
its range. If it is, we will continue to list the species as an
endangered species or threatened species, respectively; if it is not,
we conclude that listing the species is no longer 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 in analyzing portions of
the range that have no reasonable potential to be significant or in
analyzing portions of the range in which there is no reasonable
potential for the species to be endangered or threatened. To identify
only those portions that warrant further consideration, we determine
whether substantial information indicates that: (1) The portions may be
``significant'' and (2) the species may be in danger of extinction
there or likely to become so within the foreseeable future. Depending
on the biology of the species, its range, and the threats it faces, it
might be more efficient for us to address the significance 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 endangered or threatened there; if we
determine that the species is not endangered or threatened in a portion
of its range, we do not need to determine if that portion is
``significant.'' In practice, a key part of the determination that a
species is in danger of extinction in a significant portion of its
range 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 have a greater risk of
extinction, and thus would not warrant further
[[Page 70058]]
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 would not warrant further
consideration. We emphasize that answering these questions in the
affirmative is not a determination that the species is endangered or
threatened throughout a significant portion of its range--rather, it is
a step in determining whether a more detailed analysis of the issue is
required.
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
endangered or threatened. We must go through a separate analysis to
determine whether the species is endangered or threatened in an SPR. To
determine whether a species is endangered or threatened throughout an
SPR, we will use the same standards and methodology that we use to
determine if a species is endangered or threatened 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 endangered or threatened there; if we
determine that the species is not endangered or threatened in a portion
of its range, we do not need to determine if that portion is
``significant.''
SPR Analysis for White-Haired Goldenrod
Applying the process described above, in considering delisting S.
albopilosa, we evaluated the range of this plant to determine if any
areas could be considered a significant portion of its range. While
there is some variability in the habitats occupied by S. albopilosa
across its range, the basic ecological components required for the
species to complete its life cycle (e.g., adequate sunlight, shade,
moisture, soils) are present throughout the habitats occupied by the
species. No specific location within the current range of the species
provides a unique or biologically significant function that is not
found in other portions of the range. The currently occupied range of
S. albopilosa encompasses approximately 114 km\2\ (44 mi\2\) in
Menifee, Powell, and Wolfe Counties, KY. Based on examination of
information on the biology and life history of the species, we
determined that there are no separate areas of the range that are
significantly different from others or that are likely to be of greater
biological or conservation importance than any other areas.
We next examined whether any threats are geographically
concentrated in some way that would indicate the species could be in
danger of extinction, or likely to become so, in that area. Through our
review of potential threats, we identified some areas where Solidago
albopilosa may experience greater threats or a greater likelihood of
extirpation and, therefore, may be in danger of extinction or likely to
become so in those areas. These include occurrences on private lands
and occurrences that are not currently considered self-sustaining. The
majority (94.8 percent) of Solidago albopilosa occurrences are now
located on DBNF and benefit from management and conservation actions
implemented under the LRMP. The remaining (6 of the 117) extant
occurrences are located on private lands. As explained above, these
occurrences currently do not benefit from any formal protection or
management and, therefore, could face higher magnitude threats. While
these occurrences do not receive any formal protection, five of the six
occurrences are considered to be stable and self-sustaining, indicating
a low level of current impacts to those occurrences. Although the
occurrences on private lands could face greater threats in the future
due to lack of formal protections, these occurrences represent only 5
percent of extant occurrences and a very small proportion of the range
of the species. Additionally, even if future potential threats were to
cause the loss of these occurrences, that loss would not appreciably
reduce the long-term viability of the species, much less cause the
species in the remainder of its range to be in danger of extinction or
likely to become so.
We also evaluated whether the occurrences that are not considered
self-sustaining could be considered a significant portion of the
species' range. We have determined that 46 secure and self-sustaining
occurrences presently are distributed throughout the species' range,
which accounted for more than 75 percent of the total stems estimated
to exist in 2013. Of the remaining 71 extant occurrences, the 6
occurrences on private lands are not considered secure (but all 6 have
been shown to be stable, and 5 have been shown to be self-sustaining).
These occurrences were discussed above.
The remaining 65 occurrences are on DBNF land, and thus protected,
but currently are not considered self-sustaining. Some of these
occurrences have a status of declining or their status is unknown,
while others are considered not self-sustaining primarily due to poor
estimated viability and low number of stems observed. These occurrences
could be at greater risk of extinction due to vulnerability to
demographic and environmental stochasticity because of their smaller
population sizes. These 65 occurrences, along with the 6 occurrences on
private lands, account for the remaining 25 percent of the total stems
estimated to exist in 2013. The threats to these occurrences from
recreational activities are being managed and are not different from
the threats affecting the 46 secure, self-sustaining occurrences.
Because these 46 occurrences exhibit stable or increasing trends,
contain a relatively high number of stems, have fair to excellent
viability, and exhibit relatively high reproductive rates, we expect
these occurrences to persist into the future. While most of the
remaining occurrences also receive protections and are not at immediate
risk of extirpation, their lower population sizes and poorer viability
put them at a greater risk of extirpation. However, while these
occurrences may have a greater potential to become extirpated due to
demographic or environmental stochasticity, the loss of some or all of
those occurrences would not cause the species in the remainder of its
range to be in danger of extinction or likely to become so.
In conclusion, we have determined that none of the existing or
potential threats, either alone or in combination with others, are
likely to cause S. albopilosa to be in danger of extinction throughout
all or a significant portion of its range, nor is it likely to become
endangered within the foreseeable future throughout all or a
significant portion of its range. On the basis of this evaluation, we
conclude S. albopilosa no longer requires the protection of the Act,
and remove S. albopilosa from the Federal List of Endangered and
Threatened Plants (50 CFR 17.12 (h)).
Conservation Measures
Section 4(g)(1) of the Act requires us, in cooperation with the
States, to implement a monitoring program for not less than 5 years for
all species that have been delisted due to recovery. Post-delisting
monitoring (PDM) refers to
[[Page 70059]]
activities undertaken to verify that a species that has been delisted
due to recovery remains secure from the risk of extinction after the
protections of the Act no longer apply. The primary goal of PDM is to
ensure that the species' status does not deteriorate, and if a decline
is detected, to take measures to halt the decline so that proposing it
as threatened or endangered is not again needed. If, at any time during
the monitoring period, data indicate that protective status under the
Act should be reinstated, we can initiate listing procedures,
including, if appropriate, emergency listing under section 4(b)(7) of
the Act. At the conclusion of the monitoring period, we will review all
available information to determine if relisting, the continuation of
monitoring, or the termination of monitoring is appropriate.
Post-Delisting Monitoring (PDM) Plan Overview
In August 2016, the Service finalized a final PDM plan in
cooperation with DBNF and KSNPC (Service 2016, entire). The Plan:
(1) Summarizes the species' status at the time of delisting;
(2) Defines thresholds or triggers for potential monitoring
outcomes and conclusions;
(3) Lays out frequency and duration of monitoring;
(4) Articulates monitoring methods including sampling
considerations;
(5) Outlines data compilation and reporting procedures and
responsibilities; and
(6) Provides a post-delisting monitoring implementation schedule
including timing and responsible parties.
We will post the final PDM plan and any future revisions if
necessary on our national Web site (http://endangered.fws.gov) and on
the Kentucky Fish and Wildlife Office's Web site (http://www.fws.gov/frankfort).
Effects of the Rule
This final rule revises 50 CFR 17.12 by removing Solidago
albopilosa from the Federal List of Endangered and Threatened Plants.
Therefore, as of the effective date of this rule (see DATES), the
prohibitions and conservation measures provided by the Act,
particularly through sections 7 and 9, no longer apply to white-haired
goldenrod. Removal of S. albopilosa from the Federal List of Endangered
and Threatened Plants relieves Federal agencies from the need to
consult with us under section 7 of the Act.
Required Determinations
National Environmental Policy Act
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be
prepared in connection with regulations pursuant to section 4(a) of the
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, 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. We have determined that no
tribal lands or interests are affected by this rulemaking action.
References Cited
A complete list of all references cited in this final rule is
available at http://www.regulations.gov at Docket No. FWS-R4-ES-2014-
0054, or upon request from the Kentucky Fish and Wildlife Office (see
ADDRESSES).
Authors
The primary author of this rule is Dr. Michael A. Floyd in the
Service's Kentucky Fish and Wildlife Service Office (see ADDRESSES and
FOR FURTHER INFORMATION CONTACT).
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; 4201-4245, unless
otherwise noted.
Sec. 17.12 [Amended]
0
2. Amend Sec. 17.12(h) by removing the entry for ``Solidago
albopilosa'' under ``FLOWERING PLANTS'' from the List of Endangered and
Threatened Plants.
Dated: September 28, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-24249 Filed 10-7-16; 8:45 am]
BILLING CODE 4310-55-P