Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for Leavenworthia exigua var. laciniata (Kentucky Glade Cress), 25683-25688 [2014-10049]
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Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Rules and Regulations
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• Electronic Filers: Comments may be
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accessing the ECFS: https://
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overnight courier, or by first-class or
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filings must be addressed to the
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Secretary, Federal Communications
Commission.
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delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
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Synopsis
The Wireline Competition Bureau
seeks comment on whether guidance or
additional clarification would assist
providers with their filing obligations
related to the Rural Call Completion
Order, FCC 13–135, published at 78 FR
76218, December 17, 2013. Specifically,
we seek comment on whether to modify
or otherwise provide assistance
regarding the criteria described in
Appendix C of the Rural Call
Completion Order for categorizing
certain types of call attempts. We
release this document in response to
questions raised in the record regarding
the ‘‘answered’’ and ‘‘ring no answer’’
categories of call attempts described in
Appendix C, pursuant to delegated
authority. These questions raise the
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possibility that the relevant criteria in
Appendix C were inadvertently drafted
in a way that fails to reflect the
Commission’s clear intent, as expressed
in the Order.
‘‘Answered’’ call attempts. The
reporting requirements in the Rural Call
Completion Order require covered
providers to categorize call attempts
either as ‘‘answered’’ or as one of three
types of calls that are not answered:
‘‘busy,’’ ‘‘ring no answer,’’ or
‘‘unassigned number.’’ The Rural Call
Completion Order defines ‘‘answered
call’’ as
a call that was answered by or on behalf
of the called party (including calls completed
to devices, services or parties that answer the
call such as an interactive voice response,
answering service, voicemail or callforwarding system), causing the network to
register that the terminating party is prepared
to receive information from the calling user.
The Commission emphasized that ‘‘the
call answer rate is the data point least
susceptible to variations in data
reporting or to differences in the quality
or accuracy of signaling: the called party
either answered the call or did not
answer the call.’’
Appendix C of the Rural Call
Completion Order provides a
spreadsheet that covered providers must
use to file the required call completion
data with the Commission each quarter.
The legend accompanying the
spreadsheet identifies specific ‘‘ISUP
Cause values and corresponding SIP
Response messages’’ for each category of
call attempt. An ‘‘answered’’ call is
described in Appendix C as a call
attempt ‘‘signaled back with ISUP 16 &
31 and SIP BYE & CANCEL.’’
In recent meetings with Commission
staff, Level 3 and Verizon explained that
release cause code 16—one of the codes
identified in Appendix C as denoting an
answered call—is also used to indicate
that the calling party has hung up before
the called party answered. Level 3
contends that including calling-party
hangups as answered calls would result
in a ‘‘much higher’’ reported callcompletion rate than a provider would
report if it excluded them.
In this document, we seek comment
on this contention and on whether it
would assist providers if the Bureau
clarified that, as specified in the Order,
covered providers should record and
report calls as ‘‘answered’’ only to the
extent that such calls satisfy the
definition of ‘‘answered call’’ that
appears in paragraph 72 of the Rural
Call Completion Order. Appendix C
could be clarified to eliminate any basis
for interpreting it inconsistently with
the definition of ‘‘answered call’’ in the
Order. If so, should the description of
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‘‘answered call’’ in Appendix C be
revised to include a different
description (e.g., a different set of
release codes) of how networks identify
answered calls? Or should the legend in
Appendix C simply be deleted, allowing
each covered provider to identify
answered calls in a manner consistent
with the definition in the Rural Call
Completion Order and with industry
practice?
‘‘Ring no answer’’ call attempts. The
Rural Call Completion Order requires
covered providers to record and report
‘‘ring no answer’’ call attempts, which
are required to calculate the network
effectiveness ratio (NER). A ‘‘ring no
answer’’ call is described in Appendix
C as a call attempt that is ‘‘signaled back
with ISUP 18 & 19 and IP 408 & 480.’’
Level 3 asserted that some of the
criteria in Appendix C for ‘‘ring no
answer’’ call attempts will only capture
a very small percentage of the intended
call attempts. Verizon expressed
concern about using call signaling data
to identify ‘‘ring no answer’’ calls at all.
We therefore seek comment on whether
the description of ‘‘ring no answer’’ call
attempts in Appendix C should be
revised to provide clearer guidance to
covered providers, and if so, how.
Alternatively, should the legend in
Appendix C be deleted, allowing each
covered provider to interpret the
required call attempt categories in a
manner consistent with industry
practice and with the Commission’s
stated intent in the Rural Call
Completion Order?
Federal Communications Commission.
Lisa S. Gelb,
Deputy Bureau Chief, Wireline Competition
Bureau.
[FR Doc. 2014–10261 Filed 5–5–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R4–ES–2013–0069;
4500030113]
RIN 1018–AY73
Endangered and Threatened Wildlife
and Plants; Determination of
Threatened Status for Leavenworthia
exigua var. laciniata (Kentucky Glade
Cress)
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Rules and Regulations
We, the U.S. Fish and
Wildlife Service (Service), determine
threatened species status under the
Endangered Species Act of 1973 (Act),
as amended, for Leavenworthia exigua
var. laciniata (Kentucky glade cress), a
plant species from Bullitt and Jefferson
Counties, Kentucky. The effect of this
regulation will be to add this species to
the List of Endangered and Threatened
Plants.
DATES: This rule is effective June 5,
2014.
ADDRESSES: This final rule is available
on the Internet at https://
www.regulations.gov. Comments and
materials we received, as well as
supporting documentation we used in
preparing this rule, are available for
public inspection at https://
www.regulations.gov. All of the
comments, materials, and
documentation that we considered in
this rulemaking are also available by
appointment during normal business
hours at: U.S. Fish and Wildlife Service,
Kentucky Ecological Services Field
Office, J.C. Watts Federal Building, 330
W. Broadway, Rm. 265, Frankfort, KY
40601; telephone 502–695–0468.
FOR FURTHER INFORMATION CONTACT: Lee
Andrews, Field Supervisor, U.S. Fish
and Wildlife Service, Kentucky
Ecological Services Field Office (see
ADDRESSES above). Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Previous Federal Action
Please refer to the proposed listing
rule for Leavenworthia exigua var.
laciniata (78 FR 31498; May 24, 2013)
for a detailed description of previous
Federal actions concerning this species.
Background
Leavenworthia exigua var. laciniata is
an annual member of the mustard
family (Brassicaceae) known only from
Bullitt and Jefferson Counties,
Kentucky. The natural habitat for L.
exigua var. laciniata is cedar or
limestone glades (Baskin and Baskin
1981, p. 243), but the taxon is also
known from overgrazed pastures,
eroded shallow soil areas with exposed
bedrock, and areas where the soil has
been scraped off the underlying bedrock
(Evans and Hannan 1990, p. 8). The
plants grow to 5 to 10 centimeters (1.97
to 3.94 inches) in height with early
leaves that are simple with a slender
petiole (central stalk of the leaf) and
mature leaves that are sharply lobed
(appear as disconnected pieces along
the main leaf vein), somewhat squarish
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at the ends, and arranged as a rosette
(circular cluster of leaves) (Evans and
Hannan 1990, p. 5). Please refer to the
proposed listing rule for L. exigua var.
laciniata (78 FR 31498; May 24, 2013)
for a summary of species information.
Summary of Biological Status and
Threats
Section 4 of the Act (16 U.S.C. 1533),
and its implementing regulations at 50
CFR part 424, set forth the procedures
for adding species to the Federal Lists
of Endangered and Threatened Wildlife
and Plants. Under section 4(a)(1) of the
Act, we may list a species based on any
of the following five factors: (A) The
present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
predation; (D) the inadequacy of
existing regulatory mechanisms; and (E)
other natural or manmade factors
affecting its continued existence. Listing
may be warranted based on any of the
above threat factors, singly or in
combination. Each of these factors is
discussed below.
Summary of Factor A: The Present or
Threatened Destruction, Modification,
or Curtailment of Its Habitat or Range
Comprehensively, the loss and
degradation of habitat represents the
greatest threat to Leavenworthia exigua
var. laciniata. Destruction and
degradation of glades through
development, roads, utilities, and
conversion to lawns have resulted in
fewer occurrences of L. exigua var.
laciniata and reduced the quality of
many of the remaining occurrences.
Additional impacts of this nature are
expected to continue far into the future
as the human population within the
range of L. exigua var. laciniata
continues to grow. While the rate of
development and associated activities
will probably not reach the highs seen
during the housing market bubble of the
mid-2000s, it is expected to continue at
a rate above the State average. As the
Louisville metropolitan area continues
to expand, undeveloped portions of
southern Jefferson and northeastern
Bullitt Counties will continue to be
attractive to developers, and,
consequently, residential and
commercial development and its
ancillary activities will continue.
Documented impacts from horseback
riding, off-road vehicle use, and changes
in grazing practices have resulted in the
loss or degradation of several L. exigua
var. laciniata occurrences. These
activities are expected to continue in the
future but to an unknown extent. Forest
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encroachment is expected to continue in
areas without active management. A few
voluntary conservation measures are in
place on properties owned by private
individuals, or State or local
government, that reduce threats to
specific L. exigua var. laciniata
occurrences, but to date, none of these
has resulted in any measurements of
success or assurances that these
activities will continue into the future.
Climate change has the potential to
impact this species, but to what extent
we cannot predict.
Summary of Factor B: Overutilization
for Commercial, Recreational, Scientific,
or Educational Purposes
We have no information to suggest
that Leavenworthia exigua var. laciniata
is currently collected for commercial,
recreational, or educational purposes.
The Service will coordinate with any
agency or university studying L. exigua
var. laciniata to ensure that future
collections will not significantly
contribute to the decline of the species.
Accordingly, we have no reason to
believe that this factor will become a
threat to the species in the future.
Summary of Factor C: Disease or
Predation
There is no available information
regarding disease in Leavenworthia
exigua var. laciniata. Furthermore, we
have not identified any information
regarding animal (wild or domestic)
predation on L. exigua var. laciniata.
Field observations by the Kentucky
State Nature Preserves Commission
(KSNPC) during extensive surveys of
this species indicate that neither disease
nor predation is a factor contributing to
the decline of the species at this time
(Evans and Hannan 1990, p. 12; White,
pers. comm., 2012).
Summary of Factor D: The Inadequacy
of Existing Regulatory Mechanisms
Other than the Act (16 U.S.C. 1531 et
seq.), we are not aware of any State or
Federal statutes or regulations that
would provide protections to
Leavenworthia exigua var. laciniata.
The Kentucky Rare Plants Recognition
Act (Kentucky Revised Statutes, chapter
146, sections 600–619) directs the
KSNPC to identify plants native to
Kentucky that are in danger of
extirpation within Kentucky and report
every 4 years to the Governor and
General Assembly on the conditions and
needs of these endangered or threatened
plants. We determined that this statute
does not include any regulatory
prohibitions of activities or direct
protections for any identified species.
The intent of this statute is not to
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ameliorate the threats identified for the
species, but it does provide information
on the species.
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Summary of Factor E: Other Natural or
Manmade Factors Affecting Its
Continued Existence
Leavenworthia exigua var. laciniata is
subject to several ongoing natural and
manmade factors that could affect its
continued existence. The species has a
narrow range, occurring in only small
portions of two counties. Within this
range, L. exigua var. laciniata is
restricted to cedar glades and similar
shallow-soiled areas that occur
sporadically across the range. More than
half of the remaining occurrences had
low (fewer than 100 individuals)
population counts at the time of the
most recent survey. Additionally, the
presumed low genetic diversity within
individual occurrences of L. exigua var.
laciniata could place those occurrences
at a high risk of extirpation as their
capacity for adaptation to change is
reduced.
Please refer to Summary of Factors
Affecting the Species section of the
species status assessment (78 FR 31498;
May 24, 2013) for a more detailed
discussion of the factors affecting L.
exigua var. laciniata. Our assessment
evaluated the biological status of the
species and threats affecting its
continued existence. The assessment
was based upon the best available
scientific and commercial data and the
expert opinion of the species status
assessment team members.
Summary of Comments and
Recommendations
In the proposed rule published on
May 24, 2013 (78 FR 31498), we
requested that all interested parties
submit written comments on the
proposal on or before July 23, 2013. We
also contacted appropriate Federal and
State agencies, scientific experts and
organizations, and other interested
parties and invited them to comment on
the proposal. Newspaper notices
inviting general public comment were
published in the Louisville Courier
Journal and the Pioneer News. We did
not receive any requests for a public
hearing. All substantive information
provided during comment periods has
either been incorporated directly into
this final determination or addressed
below.
Peer Reviewer Comments
In accordance with our peer review
policy published on July 1, 1994 (59 FR
34270), we solicited expert opinion
from seven knowledgeable individuals
with scientific expertise that included
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familiarity with Leavenworthia exigua
var. laciniata and its habitat, biological
needs, and threats. We received
responses from three of the peer
reviewers.
We reviewed all comments we
received from the peer reviewers for
substantive issues and new information
regarding the listing of L. exigua var.
laciniata. The peer reviewers generally
concurred with our methods and
conclusions, and provided additional
information, clarifications, and
suggestions to improve this final rule.
Peer reviewer comments are addressed
in the following summary and
incorporated into the final rule as
appropriate.
(1) Comment: One peer reviewer
recommended that within the Biology
section, where we describe the changes
that L. exigua var. laciniata seed
undergo during the summer, we change
the word ‘‘physical’’ to ‘‘physiological.’’
Our Response: We appreciate the
recommendation and have updated the
Biology section to reflect this change.
(2) Comment: One peer reviewer
questioned the statement in the section
on Current Range/Distribution that very
little remaining glade habitat within the
species’ range has not been surveyed.
This peer reviewer asked if we had
intended to state that little habitat had
been surveyed.
Our Response: We intended to state
that very little glade habitat remains
within the species’ range that has not
been surveyed. Over the last 20 years,
KSNPC has systematically used aerial
photography and known geology to
identify potential L. exigua var.
laciniata glade habitat with the intent of
identifying new populations within the
known range and exploring potential
areas to expand the known habitat. Very
little potential habitat, i.e., cedar or
limestone glades, the only habitat
known for this species, has not been
surveyed. Also, this part of the State is
heavily explored because it is so
populated and accessible; therefore,
discovering any additional habitat for
this species is very unlikely (D. White,
pers. comm., 2012).
(3) Comment: One peer reviewer
stated that it is not clear in our
discussion of significant
landownerships whether the species is
actually present at the locations
identified.
Our Response: Table 3 of the
proposed rule (78 FR 31498; May 24,
2013) summarizes the ownership areas
and includes the most recent population
data for L. exigua var. laciniata in those
areas.
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Comments From States
The Commonwealth of Kentucky did
not submit comments. We note,
however, that one of the peer reviewers
was from KSNPC. Those comments are
addressed above.
Public Comments
During the public comment period,
we received two comment letters
directly addressing the proposed listing.
These letters also addressed the
proposed critical habitat designation.
Comments pertaining to the critical
habitat designation are addressed in that
final rule, published elsewhere in
today’s Federal Register. Both comment
letters received regarding the proposed
listing were positive and in support of
the proposed listing.
(4) Comment: One commenter
provided information regarding recent
infrastructure improvements (water line
extensions, new sewer pump station)
that would encourage expanded
development within the range of L.
exigua var. laciniata.
Our Response: We appreciate the
supporting information.
(5) Comment: One commenter stated
that more locations of L. exigua var.
laciniata will be identified.
Our Response: We agree that it is
likely that the plant will be found in
more locations as survey efforts
increase. Intense efforts on the ground
and via aerial imagery have already
been conducted to identify and explore
potential cedar glade habitats. We will
evaluate new information as it becomes
available to determine if it results in any
significant expansion of the species’
range or a significant increase in extant
occurrences.
(6) Comment: One commenter
provided information on a possible L.
exigua var. laciniata occurrence in the
vicinity of Chenoweth Run Creek and
Seatonville Road and voiced concerns
about future impacts that could affect
the species at this location.
Our Response: We are not aware of
any L. exigua var. laciniata occurrences
at this location but will carefully
evaluate any proposed projects that we
review in this area, or for any proposed
projects within the range of the species,
for potential impacts to the species or its
habitat.
(7) Comment: One commenter asked if
the limestone quarry in Bullitt County
could be affecting the habitat of L.
exigua var. laciniata.
Our Response: We have no data to
suggest that the quarry has impacted L.
exigua var. laciniata or its habitat. There
are no known historical or extant L.
exigua var. laciniata populations known
to occur at the quarry.
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(8) Comment: One commenter
recommended seed collection as an
important way to ensure the survival of
the species.
Our Response: Some seed collection
for this species has already occurred, as
we discussed under the Factor B
analysis in the proposed rule. The use
of seed collection as a possible tool for
recovering this species will be
considered during the development of
the recovery plan for L. exigua var.
laciniata.
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Summary of Changes From Proposed
Rule
Other than minor changes in response
to recommendations, in this final rule
we made no substantial changes to the
proposed rule.
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 the Federal Lists
of Endangered and Threatened Wildlife
and Plants. Under section 4(a)(1) of the
Act, we may list a species based on (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. Listing
actions may be warranted based on any
of the above threat factors, singly or in
combination.
We have carefully assessed the best
scientific and commercial information
available regarding the past, present,
and future threats to Leavenworthia
exigua var. laciniata. The most
significant threats to the species are
described under Factors A (the present
or threatened destruction, modification,
or curtailment of its habitat or range)
and E (other natural or manmade factors
affecting its continued existence).
Specifically, destruction and
degradation of glade habitat through
development, roads, utilities, and
conversion to lawns has resulted in
fewer occurrences of L. exigua var.
laciniata and reduced the quality of
many of the remaining occurrences.
Additional impacts of this nature are
expected to continue for the foreseeable
future as the human population within
the range of L. exigua var. laciniata
continues to grow. Within the narrow
(small portions of two Kentucky
counties) range, L. exigua var. laciniata
is restricted to cedar glades and similar
shallow-soiled areas, which occur
sporadically across the range. The
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presumed low genetic diversity within
individual occurrences of L. exigua var.
laciniata could place those occurrences
at a high risk as their capacity for
adaptation to change is reduced. These
threats occur across the taxon’s range
and are ongoing and, therefore,
imminent.
The Act defines an endangered
species as any species that is ‘‘in danger
of extinction throughout all or a
significant portion of its range’’ and a
threatened species as any species ‘‘that
is likely to become endangered
throughout all or a significant portion of
its range within the foreseeable future.’’
Although we recognize that the threats
to the species are ongoing, often severe,
and occurring throughout the species’
range, we find that an endangered
species status is not appropriate for
Leavenworthia exigua var. laciniata
because the possibility that all
occurrences of the species would be
equally impacted in the foreseeable
future, thus resulting in extinction, is
unlikely. However, we find that L.
exigua var. laciniata is likely to become
endangered throughout all or a
significant portion of its range within
the foreseeable future based on the
severity and immediacy of threats
currently impacting the species.
Under the Act and our implementing
regulations, a species may warrant
listing if it is endangered or threatened
throughout all or a significant portion of
its range. As stated above, the threats to
the survival of the species occur
throughout the species’ range and are
not restricted to any particular
significant portion of that range.
Accordingly, our assessment and
determination applies to the species
throughout its range.
Significant Portion of the Range
The Act defines an endangered
species as any species that is ‘‘in danger
of extinction throughout all or a
significant portion of its range’’ and a
threatened species as any species ‘‘that
is likely to become endangered
throughout all or a significant portion of
its range within the foreseeable future.’’
A major part of the analysis of
‘‘significant portion of the range’’
requires considering whether the threats
to the species are geographically
concentrated in any way. If the threats
are essentially uniform throughout the
species’ range, then no portion is likely
to warrant further consideration.
We have carefully considered all
scientific and commercial information
available regarding the past, present,
and future threats to L. exigua var.
laciniata. L. exigua var. laciniata,
proposed for listing in this rule, occurs
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only in portions of two Kentucky
counties and the threats to the survival
of the taxon are not restricted to any
particular significant portion of that
range. Accordingly, our assessment and
determination applies to the taxon
throughout its entire range. We find that
L. exigua var. laciniata is likely, within
the foreseeable future, to become an
endangered species throughout its entire
range, based on the immediacy, severity,
and scope of the threats described
above. We are listing L. exigua var.
laciniata as threatened in accordance
with sections 3(6) and 4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to
species listed as endangered or
threatened under the Act include
recognition, recovery actions,
requirements for Federal protection, and
prohibitions against certain practices.
The Act encourages cooperation with
the States and requires that recovery
actions be carried out for all listed
species. The protection required by
Federal agencies and the prohibitions
against certain activities are discussed,
in part, below.
The primary purpose of the Act is the
conservation of endangered and
threatened species and the ecosystems
upon which they depend. The ultimate
goal of such conservation efforts is the
recovery of these listed species, so that
they no longer need the protective
measures of the Act. Subsection 4(f) of
the Act requires the Service to develop
and implement recovery plans for the
conservation of endangered and
threatened species. The recovery
planning process involves the
identification of actions that are
necessary to halt or reverse the species’
decline by addressing the threats to its
survival and recovery. The goal of this
process is to restore listed species to a
point where they are secure, selfsustaining, and functioning components
of their ecosystems.
Recovery planning includes the
development of a recovery outline
shortly after a species is listed and
preparation of a draft and final recovery
plan. The recovery outline guides the
immediate implementation of urgent
recovery actions and describes the
process to be used to develop a recovery
plan. Revisions of the plan may be done
to address continuing or new threats to
the species, as new substantive
information becomes available. The
recovery plan identifies site-specific
management actions that set a trigger for
review of the five factors that control
whether a species remains endangered
or may be downlisted or delisted, and
methods for monitoring recovery
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progress. Recovery plans also establish
a framework for agencies to coordinate
their recovery efforts and provide
estimates of the cost of implementing
recovery tasks. Recovery teams
(composed of species experts, Federal
and State agencies, nongovernmental
organizations, and stakeholders) are
often established to develop recovery
plans. When completed, the recovery
outline, draft recovery plan, and the
final recovery plan will be available on
our Web site (https://www.fws.gov/
endangered), or from our Kentucky
Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Implementation of recovery actions
generally requires the participation of a
broad range of partners, including other
Federal agencies, States, Tribal,
nongovernmental organizations,
businesses, and private landowners.
Examples of recovery actions include
habitat restoration (e.g., restoration of
native vegetation), research, captive
propagation and reintroduction, and
outreach and education. The recovery of
many listed species cannot be
accomplished solely on Federal lands
because their range may occur primarily
or solely on non-Federal lands. To
achieve recovery of these species
requires cooperative conservation efforts
on private, State, and Tribal lands.
When this species is listed (see
DATES), funding for recovery actions will
be available from a variety of sources,
including Federal budgets, State
programs, and cost share grants for nonFederal landowners, the academic
community, and nongovernmental
organizations. In addition, pursuant to
section 6 of the Act, the Commonwealth
of Kentucky will be eligible for Federal
funds to implement management
actions that promote the protection or
recovery of L. exigua var. laciniata.
Information on our grant programs that
are available to aid species recovery can
be found at: https://www.fws.gov/grants.
Please let us know if you are
interested in participating in recovery
efforts for the L. exigua var. laciniata.
Additionally, we invite you to submit
any new information on this species
whenever it becomes available and any
information you may have for recovery
planning purposes (see FOR FURTHER
INFORMATION CONTACT).
Section 7(a) of the Act requires
Federal agencies to evaluate their
actions with respect to any species that
is proposed or listed as an endangered
or threatened species and with respect
to its critical habitat, if any is
designated. Regulations implementing
this interagency cooperation provision
of the Act are codified at 50 CFR part
402. Section 7(a)(4) of the Act requires
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Federal agencies to confer with the
Service on any action that is likely to
jeopardize the continued existence of a
species proposed for listing or result in
destruction or adverse modification of
proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) of
the Act requires Federal agencies to
ensure that activities they authorize,
fund, or carry out are not likely to
jeopardize the continued existence of
the species or destroy or adversely
modify its critical habitat. If a Federal
action may affect a listed species or its
critical habitat, the responsible Federal
agency must enter into consultation
with the Service.
Federal agency actions within the
species’ habitat that may require
conference or consultation or both as
described in the preceding paragraph
include issuance of Federal permits
under section 404 Clean Water Act (33
U.S.C. 1251 et seq.) by the U.S. Army
Corps of Engineers; construction and
management of gas pipeline and power
line rights-of-way by the Federal Energy
Regulatory Commission; and
construction and maintenance of roads
or highways by the Federal Highway
Administration.
With respect to threatened plants, 50
CFR 17.71 provides that all of the
provisions in 50 CFR 17.61 shall apply
to threatened plants. These provisions
make it illegal for any person subject to
the jurisdiction of the United States to
import or export, transport in interstate
or foreign commerce in the course of a
commercial activity, sell or offer for sale
in interstate or foreign commerce, or to
remove and reduce to possession any
such plant species from areas under
Federal jurisdiction. In addition, the Act
prohibits malicious damage or
destruction of any such species on any
area under Federal jurisdiction, and the
removal, cutting, digging up, or
damaging or destroying of any such
species on any other area in knowing
violation of any State law or regulation,
or in the course of any violation of a
State criminal trespass law. However,
there is the following exception for
threatened plants. Seeds of cultivated
specimens of species treated as
threatened shall be exempt from all the
provisions of 50 CFR 17.61, provided
that a statement that the seeds are of
‘‘cultivated origin’’ accompanies the
seeds or their container during the
course of any activity otherwise subject
to these regulations. Exceptions to these
prohibitions are outlined in 50 CFR
17.72.
We may issue permits to carry out
otherwise prohibited activities
involving threatened plants under
certain circumstances. Regulations
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25687
governing permits are codified at 50
CFR 17.72. With regard to threatened
plants, a permit issued under this
section must be for one of the following:
Scientific purposes, the enhancement of
the propagation or survival of
threatened species, economic hardship,
botanical or horticultural exhibition,
educational purposes, or other activities
consistent with the purposes and policy
of the Act.
Under section 4(d) of the Act, the
Secretary has discretion to issue such
regulations as she deems necessary and
advisable to provide for the
conservation of threatened species. Our
implementing regulations (50 CFR
17.71) for threatened plants generally
incorporate the prohibitions of section 9
of the Act for endangered plants, except
when a rule promulgated pursuant to
section 4(d) of the Act has been issued
with respect to a particular threatened
species. In such a case, the general
prohibitions in 50 CFR 17.61 would not
apply to that species, and instead, the
special rule would define the specific
take prohibitions and exceptions that
would apply for that particular
threatened species, which we consider
necessary and advisable to conserve the
species. With respect to a threatened
plant, the Secretary of the Interior also
has the discretion to prohibit by
regulation any act prohibited by section
9(a)(2) of the Act. Exercising this
discretion, which has been delegated to
the Service by the Secretary, the Service
has developed general prohibitions that
are appropriate for most threatened
species at 50 CFR 17.71 and exceptions
to those prohibitions at 50 CFR 17.72.
We have determined to not promulgate
a rule under section 4(d) of the Act, and
as a result, all of the section 9(a)(2)
general prohibitions, including the
‘‘take’’ prohibitions, will apply to the
L. exigua var. laciniata.
It is our policy, as published in the
Federal Register on July 1, 1994 (59 FR
34272), to identify to the maximum
extent practicable at the time a species
is listed, those activities that would or
would not constitute a violation of
section 9 of the Act. The intent of this
policy is to increase public awareness of
the effect of a listing on proposed and
ongoing activities within the range of
listed species. Based on the best
available information, the following
actions are unlikely to result in a
violation of section 9, if these activities
are carried out in accordance with
existing regulations and permit
requirements:
(1) Normal agricultural and
silvicultural practices, including
herbicide and pesticide use, which are
carried out in accordance with any
E:\FR\FM\06MYR1.SGM
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Federal Register / Vol. 79, No. 87 / Tuesday, May 6, 2014 / Rules and Regulations
existing regulations, permit and label
requirements, and best management
practices; and,
(2) Normal residential landscape
activities.
Based on the best available
information, the following activities
may potentially result in a violation of
section 9 the Act; this list is not
comprehensive:
Unauthorized collecting, handling,
possessing, selling, delivering, carrying,
or transporting of the species, including
import or export across State lines and
international boundaries, except for
properly documented antique
specimens of these taxa at least 100
years old, as defined by section 10(h)(1)
of the Act.
Questions regarding whether specific
activities would constitute a violation of
section 9 of the Act should be directed
to the Kentucky Ecological Services
Field Office (see FOR FURTHER
INFORMATION CONTACT). Requests for
copies of the regulations concerning
listed plants and general inquiries
regarding prohibitions and permits may
be addressed to the U.S. Fish and
Wildlife Service, Ecological Services
Division, 1875 Century Boulevard,
Atlanta, GA 30345 (Phone 404/679–
7313; Fax 404/679–7081).
Required Determinations
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.)
We have determined that
environmental assessments and
environmental impact statements, as
defined under the authority of the
NEPA, need not be prepared in
connection with listing a species as an
endangered or threatened species under
the Act. We published a notice outlining
our reasons for this determination in the
Federal Register on October 25, 1983
(48 FR 49244).
Internet at https://www.regulations.gov
under Docket No. FWS–R4–ES–2013–
0069 and upon request from the
Kentucky Ecological Services Field
Office (see FOR FURTHER INFORMATION
CONTACT).
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951), Executive
Order 13175 (Consultation and
Coordination With Indian Tribal
Governments), and the Department of
the Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with tribes in developing programs for
healthy ecosystems, to acknowledge that
tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to tribes.
The primary authors of this final rule
are the staff members of the Kentucky
Ecological Services Field Office.
References Cited
A complete list of references cited in
this rulemaking is available on the
Authors
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]
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.
2. In § 17.12(h), add an entry for
‘‘Leavenworthia exigua var. laciniata’’
in alphabetical order under
FLOWERING PLANTS to the List of
Endangered and Threatened Plants to
read as follows:
■
§ 17.12
*
Endangered and threatened plants.
*
*
(h) * * *
*
Species
Historic range
Scientific name
Family
Status
When listed
Common name
*
Critical
habitat
Special
rules
Flowering Plants
*
Leavenworthia
exigua var.
laciniata.
*
Kentucky glade
cress.
*
*
*
*
*
*
*
U.S.A. (KY) .............
*
Brassicaceae ..........
*
*
833
*
*
*
T
*
Dated: April 21, 2014.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife
Service.
*
[FR Doc. 2014–10049 Filed 5–5–14; 8:45 am]
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*
17.96(a)
NA
*
]]>Agencies
[Federal Register Volume 79, Number 87 (Tuesday, May 6, 2014)]
[Rules and Regulations]
[Pages 25683-25688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10049]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R4-ES-2013-0069; 4500030113]
RIN 1018-AY73
Endangered and Threatened Wildlife and Plants; Determination of
Threatened Status for Leavenworthia exigua var. laciniata (Kentucky
Glade Cress)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 25684]]
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
threatened species status under the Endangered Species Act of 1973
(Act), as amended, for Leavenworthia exigua var. laciniata (Kentucky
glade cress), a plant species from Bullitt and Jefferson Counties,
Kentucky. The effect of this regulation will be to add this species to
the List of Endangered and Threatened Plants.
DATES: This rule is effective June 5, 2014.
ADDRESSES: This final rule is available on the Internet at https://www.regulations.gov. Comments and materials we received, as well as
supporting documentation we used in preparing this rule, are available
for public inspection at https://www.regulations.gov. All of the
comments, materials, and documentation that we considered in this
rulemaking are also available by appointment during normal business
hours at: U.S. Fish and Wildlife Service, Kentucky Ecological Services
Field Office, J.C. Watts Federal Building, 330 W. Broadway, Rm. 265,
Frankfort, KY 40601; telephone 502-695-0468.
FOR FURTHER INFORMATION CONTACT: Lee Andrews, Field Supervisor, U.S.
Fish and Wildlife Service, Kentucky Ecological Services Field Office
(see ADDRESSES above). Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at
800-877-8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Action
Please refer to the proposed listing rule for Leavenworthia exigua
var. laciniata (78 FR 31498; May 24, 2013) for a detailed description
of previous Federal actions concerning this species.
Background
Leavenworthia exigua var. laciniata is an annual member of the
mustard family (Brassicaceae) known only from Bullitt and Jefferson
Counties, Kentucky. The natural habitat for L. exigua var. laciniata is
cedar or limestone glades (Baskin and Baskin 1981, p. 243), but the
taxon is also known from overgrazed pastures, eroded shallow soil areas
with exposed bedrock, and areas where the soil has been scraped off the
underlying bedrock (Evans and Hannan 1990, p. 8). The plants grow to 5
to 10 centimeters (1.97 to 3.94 inches) in height with early leaves
that are simple with a slender petiole (central stalk of the leaf) and
mature leaves that are sharply lobed (appear as disconnected pieces
along the main leaf vein), somewhat squarish at the ends, and arranged
as a rosette (circular cluster of leaves) (Evans and Hannan 1990, p.
5). Please refer to the proposed listing rule for L. exigua var.
laciniata (78 FR 31498; May 24, 2013) for a summary of species
information.
Summary of Biological Status and Threats
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on any of the following five factors: (A) The present or threatened
destruction, modification, or curtailment of its habitat or range; (B)
overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; and (E) other natural or manmade
factors affecting its continued existence. Listing may be warranted
based on any of the above threat factors, singly or in combination.
Each of these factors is discussed below.
Summary of Factor A: The Present or Threatened Destruction,
Modification, or Curtailment of Its Habitat or Range
Comprehensively, the loss and degradation of habitat represents the
greatest threat to Leavenworthia exigua var. laciniata. Destruction and
degradation of glades through development, roads, utilities, and
conversion to lawns have resulted in fewer occurrences of L. exigua
var. laciniata and reduced the quality of many of the remaining
occurrences. Additional impacts of this nature are expected to continue
far into the future as the human population within the range of L.
exigua var. laciniata continues to grow. While the rate of development
and associated activities will probably not reach the highs seen during
the housing market bubble of the mid-2000s, it is expected to continue
at a rate above the State average. As the Louisville metropolitan area
continues to expand, undeveloped portions of southern Jefferson and
northeastern Bullitt Counties will continue to be attractive to
developers, and, consequently, residential and commercial development
and its ancillary activities will continue. Documented impacts from
horseback riding, off-road vehicle use, and changes in grazing
practices have resulted in the loss or degradation of several L. exigua
var. laciniata occurrences. These activities are expected to continue
in the future but to an unknown extent. Forest encroachment is expected
to continue in areas without active management. A few voluntary
conservation measures are in place on properties owned by private
individuals, or State or local government, that reduce threats to
specific L. exigua var. laciniata occurrences, but to date, none of
these has resulted in any measurements of success or assurances that
these activities will continue into the future. Climate change has the
potential to impact this species, but to what extent we cannot predict.
Summary of Factor B: Overutilization for Commercial, Recreational,
Scientific, or Educational Purposes
We have no information to suggest that Leavenworthia exigua var.
laciniata is currently collected for commercial, recreational, or
educational purposes. The Service will coordinate with any agency or
university studying L. exigua var. laciniata to ensure that future
collections will not significantly contribute to the decline of the
species. Accordingly, we have no reason to believe that this factor
will become a threat to the species in the future.
Summary of Factor C: Disease or Predation
There is no available information regarding disease in
Leavenworthia exigua var. laciniata. Furthermore, we have not
identified any information regarding animal (wild or domestic)
predation on L. exigua var. laciniata. Field observations by the
Kentucky State Nature Preserves Commission (KSNPC) during extensive
surveys of this species indicate that neither disease nor predation is
a factor contributing to the decline of the species at this time (Evans
and Hannan 1990, p. 12; White, pers. comm., 2012).
Summary of Factor D: The Inadequacy of Existing Regulatory Mechanisms
Other than the Act (16 U.S.C. 1531 et seq.), we are not aware of
any State or Federal statutes or regulations that would provide
protections to Leavenworthia exigua var. laciniata. The Kentucky Rare
Plants Recognition Act (Kentucky Revised Statutes, chapter 146,
sections 600-619) directs the KSNPC to identify plants native to
Kentucky that are in danger of extirpation within Kentucky and report
every 4 years to the Governor and General Assembly on the conditions
and needs of these endangered or threatened plants. We determined that
this statute does not include any regulatory prohibitions of activities
or direct protections for any identified species. The intent of this
statute is not to
[[Page 25685]]
ameliorate the threats identified for the species, but it does provide
information on the species.
Summary of Factor E: Other Natural or Manmade Factors Affecting Its
Continued Existence
Leavenworthia exigua var. laciniata is subject to several ongoing
natural and manmade factors that could affect its continued existence.
The species has a narrow range, occurring in only small portions of two
counties. Within this range, L. exigua var. laciniata is restricted to
cedar glades and similar shallow-soiled areas that occur sporadically
across the range. More than half of the remaining occurrences had low
(fewer than 100 individuals) population counts at the time of the most
recent survey. Additionally, the presumed low genetic diversity within
individual occurrences of L. exigua var. laciniata could place those
occurrences at a high risk of extirpation as their capacity for
adaptation to change is reduced.
Please refer to Summary of Factors Affecting the Species section of
the species status assessment (78 FR 31498; May 24, 2013) for a more
detailed discussion of the factors affecting L. exigua var. laciniata.
Our assessment evaluated the biological status of the species and
threats affecting its continued existence. The assessment was based
upon the best available scientific and commercial data and the expert
opinion of the species status assessment team members.
Summary of Comments and Recommendations
In the proposed rule published on May 24, 2013 (78 FR 31498), we
requested that all interested parties submit written comments on the
proposal on or before July 23, 2013. We also contacted appropriate
Federal and State agencies, scientific experts and organizations, and
other interested parties and invited them to comment on the proposal.
Newspaper notices inviting general public comment were published in the
Louisville Courier Journal and the Pioneer News. We did not receive any
requests for a public hearing. All substantive information provided
during comment periods has either been incorporated directly into this
final determination or addressed below.
Peer Reviewer Comments
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from seven knowledgeable
individuals with scientific expertise that included familiarity with
Leavenworthia exigua var. laciniata and its habitat, biological needs,
and threats. We received responses from three of the peer reviewers.
We reviewed all comments we received from the peer reviewers for
substantive issues and new information regarding the listing of L.
exigua var. laciniata. The peer reviewers generally concurred with our
methods and conclusions, and provided additional information,
clarifications, and suggestions to improve this final rule. Peer
reviewer comments are addressed in the following summary and
incorporated into the final rule as appropriate.
(1) Comment: One peer reviewer recommended that within the Biology
section, where we describe the changes that L. exigua var. laciniata
seed undergo during the summer, we change the word ``physical'' to
``physiological.''
Our Response: We appreciate the recommendation and have updated the
Biology section to reflect this change.
(2) Comment: One peer reviewer questioned the statement in the
section on Current Range/Distribution that very little remaining glade
habitat within the species' range has not been surveyed. This peer
reviewer asked if we had intended to state that little habitat had been
surveyed.
Our Response: We intended to state that very little glade habitat
remains within the species' range that has not been surveyed. Over the
last 20 years, KSNPC has systematically used aerial photography and
known geology to identify potential L. exigua var. laciniata glade
habitat with the intent of identifying new populations within the known
range and exploring potential areas to expand the known habitat. Very
little potential habitat, i.e., cedar or limestone glades, the only
habitat known for this species, has not been surveyed. Also, this part
of the State is heavily explored because it is so populated and
accessible; therefore, discovering any additional habitat for this
species is very unlikely (D. White, pers. comm., 2012).
(3) Comment: One peer reviewer stated that it is not clear in our
discussion of significant landownerships whether the species is
actually present at the locations identified.
Our Response: Table 3 of the proposed rule (78 FR 31498; May 24,
2013) summarizes the ownership areas and includes the most recent
population data for L. exigua var. laciniata in those areas.
Comments From States
The Commonwealth of Kentucky did not submit comments. We note,
however, that one of the peer reviewers was from KSNPC. Those comments
are addressed above.
Public Comments
During the public comment period, we received two comment letters
directly addressing the proposed listing. These letters also addressed
the proposed critical habitat designation. Comments pertaining to the
critical habitat designation are addressed in that final rule,
published elsewhere in today's Federal Register. Both comment letters
received regarding the proposed listing were positive and in support of
the proposed listing.
(4) Comment: One commenter provided information regarding recent
infrastructure improvements (water line extensions, new sewer pump
station) that would encourage expanded development within the range of
L. exigua var. laciniata.
Our Response: We appreciate the supporting information.
(5) Comment: One commenter stated that more locations of L. exigua
var. laciniata will be identified.
Our Response: We agree that it is likely that the plant will be
found in more locations as survey efforts increase. Intense efforts on
the ground and via aerial imagery have already been conducted to
identify and explore potential cedar glade habitats. We will evaluate
new information as it becomes available to determine if it results in
any significant expansion of the species' range or a significant
increase in extant occurrences.
(6) Comment: One commenter provided information on a possible L.
exigua var. laciniata occurrence in the vicinity of Chenoweth Run Creek
and Seatonville Road and voiced concerns about future impacts that
could affect the species at this location.
Our Response: We are not aware of any L. exigua var. laciniata
occurrences at this location but will carefully evaluate any proposed
projects that we review in this area, or for any proposed projects
within the range of the species, for potential impacts to the species
or its habitat.
(7) Comment: One commenter asked if the limestone quarry in Bullitt
County could be affecting the habitat of L. exigua var. laciniata.
Our Response: We have no data to suggest that the quarry has
impacted L. exigua var. laciniata or its habitat. There are no known
historical or extant L. exigua var. laciniata populations known to
occur at the quarry.
[[Page 25686]]
(8) Comment: One commenter recommended seed collection as an
important way to ensure the survival of the species.
Our Response: Some seed collection for this species has already
occurred, as we discussed under the Factor B analysis in the proposed
rule. The use of seed collection as a possible tool for recovering this
species will be considered during the development of the recovery plan
for L. exigua var. laciniata.
Summary of Changes From Proposed Rule
Other than minor changes in response to recommendations, in this
final rule we made no substantial changes to the proposed rule.
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 the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on (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. Listing actions may be warranted based on any of
the above threat factors, singly or in combination.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to Leavenworthia exigua var. laciniata. The most significant threats to
the species are described under Factors A (the present or threatened
destruction, modification, or curtailment of its habitat or range) and
E (other natural or manmade factors affecting its continued existence).
Specifically, destruction and degradation of glade habitat through
development, roads, utilities, and conversion to lawns has resulted in
fewer occurrences of L. exigua var. laciniata and reduced the quality
of many of the remaining occurrences. Additional impacts of this nature
are expected to continue for the foreseeable future as the human
population within the range of L. exigua var. laciniata continues to
grow. Within the narrow (small portions of two Kentucky counties)
range, L. exigua var. laciniata is restricted to cedar glades and
similar shallow-soiled areas, which occur sporadically across the
range. The presumed low genetic diversity within individual occurrences
of L. exigua var. laciniata could place those occurrences at a high
risk as their capacity for adaptation to change is reduced. These
threats occur across the taxon's range and are ongoing and, therefore,
imminent.
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' Although we recognize that the threats
to the species are ongoing, often severe, and occurring throughout the
species' range, we find that an endangered species status is not
appropriate for Leavenworthia exigua var. laciniata because the
possibility that all occurrences of the species would be equally
impacted in the foreseeable future, thus resulting in extinction, is
unlikely. However, we find that L. exigua var. laciniata is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future based on the severity and immediacy of
threats currently impacting the species.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. As stated above, the threats to the
survival of the species occur throughout the species' range and are not
restricted to any particular significant portion of that range.
Accordingly, our assessment and determination applies to the species
throughout its range.
Significant Portion of the Range
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' A major part of the analysis of
``significant portion of the range'' requires considering whether the
threats to the species are geographically concentrated in any way. If
the threats are essentially uniform throughout the species' range, then
no portion is likely to warrant further consideration.
We have carefully considered all scientific and commercial
information available regarding the past, present, and future threats
to L. exigua var. laciniata. L. exigua var. laciniata, proposed for
listing in this rule, occurs only in portions of two Kentucky counties
and the threats to the survival of the taxon are not restricted to any
particular significant portion of that range. Accordingly, our
assessment and determination applies to the taxon throughout its entire
range. We find that L. exigua var. laciniata is likely, within the
foreseeable future, to become an endangered species throughout its
entire range, based on the immediacy, severity, and scope of the
threats described above. We are listing L. exigua var. laciniata as
threatened in accordance with sections 3(6) and 4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. The Act encourages cooperation with the States and requires
that recovery actions be carried out for all listed species. The
protection required by Federal agencies and the prohibitions against
certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five
factors that control whether a species remains endangered or may be
downlisted or delisted, and methods for monitoring recovery
[[Page 25687]]
progress. Recovery plans also establish a framework for agencies to
coordinate their recovery efforts and provide estimates of the cost of
implementing recovery tasks. Recovery teams (composed of species
experts, Federal and State agencies, nongovernmental organizations, and
stakeholders) are often established to develop recovery plans. When
completed, the recovery outline, draft recovery plan, and the final
recovery plan will be available on our Web site (https://www.fws.gov/endangered), or from our Kentucky Ecological Services Field Office (see
FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribal, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
When this species is listed (see DATES), funding for recovery
actions will be available from a variety of sources, including Federal
budgets, State programs, and cost share grants for non-Federal
landowners, the academic community, and nongovernmental organizations.
In addition, pursuant to section 6 of the Act, the Commonwealth of
Kentucky will be eligible for Federal funds to implement management
actions that promote the protection or recovery of L. exigua var.
laciniata. Information on our grant programs that are available to aid
species recovery can be found at: https://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for the L. exigua var. laciniata. Additionally, we
invite you to submit any new information on this species whenever it
becomes available and any information you may have for recovery
planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into consultation with the
Service.
Federal agency actions within the species' habitat that may require
conference or consultation or both as described in the preceding
paragraph include issuance of Federal permits under section 404 Clean
Water Act (33 U.S.C. 1251 et seq.) by the U.S. Army Corps of Engineers;
construction and management of gas pipeline and power line rights-of-
way by the Federal Energy Regulatory Commission; and construction and
maintenance of roads or highways by the Federal Highway Administration.
With respect to threatened plants, 50 CFR 17.71 provides that all
of the provisions in 50 CFR 17.61 shall apply to threatened plants.
These provisions make it illegal for any person subject to the
jurisdiction of the United States to import or export, transport in
interstate or foreign commerce in the course of a commercial activity,
sell or offer for sale in interstate or foreign commerce, or to remove
and reduce to possession any such plant species from areas under
Federal jurisdiction. In addition, the Act prohibits malicious damage
or destruction of any such species on any area under Federal
jurisdiction, and the removal, cutting, digging up, or damaging or
destroying of any such species on any other area in knowing violation
of any State law or regulation, or in the course of any violation of a
State criminal trespass law. However, there is the following exception
for threatened plants. Seeds of cultivated specimens of species treated
as threatened shall be exempt from all the provisions of 50 CFR 17.61,
provided that a statement that the seeds are of ``cultivated origin''
accompanies the seeds or their container during the course of any
activity otherwise subject to these regulations. Exceptions to these
prohibitions are outlined in 50 CFR 17.72.
We may issue permits to carry out otherwise prohibited activities
involving threatened plants under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.72. With regard to
threatened plants, a permit issued under this section must be for one
of the following: Scientific purposes, the enhancement of the
propagation or survival of threatened species, economic hardship,
botanical or horticultural exhibition, educational purposes, or other
activities consistent with the purposes and policy of the Act.
Under section 4(d) of the Act, the Secretary has discretion to
issue such regulations as she deems necessary and advisable to provide
for the conservation of threatened species. Our implementing
regulations (50 CFR 17.71) for threatened plants generally incorporate
the prohibitions of section 9 of the Act for endangered plants, except
when a rule promulgated pursuant to section 4(d) of the Act has been
issued with respect to a particular threatened species. In such a case,
the general prohibitions in 50 CFR 17.61 would not apply to that
species, and instead, the special rule would define the specific take
prohibitions and exceptions that would apply for that particular
threatened species, which we consider necessary and advisable to
conserve the species. With respect to a threatened plant, the Secretary
of the Interior also has the discretion to prohibit by regulation any
act prohibited by section 9(a)(2) of the Act. Exercising this
discretion, which has been delegated to the Service by the Secretary,
the Service has developed general prohibitions that are appropriate for
most threatened species at 50 CFR 17.71 and exceptions to those
prohibitions at 50 CFR 17.72. We have determined to not promulgate a
rule under section 4(d) of the Act, and as a result, all of the section
9(a)(2) general prohibitions, including the ``take'' prohibitions, will
apply to the L. exigua var. laciniata.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a listing on
proposed and ongoing activities within the range of listed species.
Based on the best available information, the following actions are
unlikely to result in a violation of section 9, if these activities are
carried out in accordance with existing regulations and permit
requirements:
(1) Normal agricultural and silvicultural practices, including
herbicide and pesticide use, which are carried out in accordance with
any
[[Page 25688]]
existing regulations, permit and label requirements, and best
management practices; and,
(2) Normal residential landscape activities.
Based on the best available information, the following activities
may potentially result in a violation of section 9 the Act; this list
is not comprehensive:
Unauthorized collecting, handling, possessing, selling, delivering,
carrying, or transporting of the species, including import or export
across State lines and international boundaries, except for properly
documented antique specimens of these taxa at least 100 years old, as
defined by section 10(h)(1) of the Act.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Kentucky
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Requests for copies of the regulations concerning listed plants and
general inquiries regarding prohibitions and permits may be addressed
to the U.S. Fish and Wildlife Service, Ecological Services Division,
1875 Century Boulevard, Atlanta, GA 30345 (Phone 404/679-7313; Fax 404/
679-7081).
Required Determinations
National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the NEPA, need not
be prepared in connection with listing a species as an endangered or
threatened species under 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 (Consultation and
Coordination With Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes.
References Cited
A complete list of references cited in this rulemaking is available
on the Internet at https://www.regulations.gov under Docket No. FWS-R4-
ES-2013-0069 and upon request from the Kentucky Ecological Services
Field Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this final rule are the staff members of the
Kentucky Ecological Services Field Office.
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.
0
2. In Sec. 17.12(h), add an entry for ``Leavenworthia exigua var.
laciniata'' in alphabetical order under FLOWERING PLANTS to the List of
Endangered and Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Leavenworthia exigua var. Kentucky glade cress U.S.A. (KY)........ Brassicaceae....... T 833 17.96(a) NA
laciniata.
* * * * * * *
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* * * * *
Dated: April 21, 2014.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-10049 Filed 5-5-14; 8:45 am]
BILLING CODE 4310-55-P
