[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Rules and Regulations]
[Pages 59337-59345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25884]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AH59
Endangered and Threatened Wildlife and Plants; Reclassification
of Lesquerella filiformis (Missouri Bladderpod) From Endangered to
Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reclassifying Lesquerella filiformis (Missouri bladderpod) from
endangered to threatened under the Endangered Species Act of 1973, as
amended (Act), because the endangered designation no longer correctly
reflects the current status of this plant. This reclassification is
based on the plant's significant progress toward recovery. Since the
time of listing, the number of known populations of the plant has
substantially increased and the threats to some of the larger
populations have decreased because of land acquisition, landowner
contact programs, and beneficial management initiatives. Federal
protection and recovery provisions provided by the Act for threatened
plants are hereby extended to the Missouri bladderpod.
DATES: This final rule is effective on November 14, 2003.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the
Columbia Field Office, U.S. Fish and Wildlife Service, 608 E. Cherry
Street, Room 200, Columbia, MO 65201-7712.
FOR FURTHER INFORMATION CONTACT: Paul McKenzie, Ph.D., Columbia Field
Office (see ADDRESSES section) (telephone: 573/876-1911, ext. 107; e-
mail: [email protected]; facsimile: 573/876-1914). Individuals who
are hearing impaired or speech impaired may call the Federal Relay
Service at 800/877-8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Background
Lesquerella filiformis (Missouri bladderpod) is an annual plant
with erect, hairy stems approximately 20 centimeters (cm) (8 inches
(in)) in height that branch from the plant's base. Basal leaves are
hairy on both surfaces, 1.0-2.25 cm (0.4-0.9 in) long, 0.3-1.0 cm (0.1-
0.4 in) wide, broadly rounded, and tapering to a narrow petiole. Stem
leaves are densely hairy with stellate hairs on both surfaces, 1.0-3.2
cm (0.4-1.3 in) long and 1.6-16 millimeters (mm) (0.06-0.6 in) wide,
and have a silvery appearance. Bright yellow flowers with four petals
occur at the top of the stems in late April or early May (Morgan 1980).
Missouri bladderpod is restricted to shallow soils of limestone glades
in southwestern Missouri (Hickey 1988; Thomas 1996) and northwestern
Arkansas and, occasionally, dolomite glades in north-central Arkansas
(John Logan, Missouri Department of Natural Resources (MDNR), pers.
comm. 2000).
Lesquerella filiformis Rollins, a member of the mustard family
(Brassicaceae), was first collected in 1887 in southwestern Missouri.
Payson (1921), however, misapplied the name Lesquerella angustifolia
(Nutt.) S. Wats. to these early collections. Rollins (1956) formally
described Lesquerella filiformis as a distinct species, and its
taxonomic validity was further supported in a subsequent monograph on
the genus Lesquerella in North America by Rollins and Shaw (1973).
Historically, Missouri bladderpod was believed to be a State
endemic plant known solely from a few sites in two counties in
southwestern Missouri (Morgan 1980; U.S. Fish and Wildlife Service
1988). In 1980, a total of 550 individual plants were estimated at 4
sites, and at the time of listing as endangered in 1987, an estimated
5,000 plants were determined to occur at 9 sites (Morgan 1980; 52 FR
679, January 8, 1987). At the time of the completion of the Missouri
Bladderpod Recovery Plan in 1988, the species was known from 11 sites
in Christian, Dade, and Greene Counties, MO (U.S. Fish and Wildlife
Service 1988). During that same year, the Service funded a 4-county
survey for the species in Missouri, and an additional 45 sites were
located (Hickey 1988). A followup survey in 1989 yielded an additional
13 sites (Thurman and Hickey 1989). Further botanical explorations led
to the discovery of 16 additional sites, including locations in an
additional county in Missouri (Lawrence County) and one site each in
Izard and Washington Counties, AR (Theo Witsell, Arkansas Natural
Heritage Commission, in litt. 2002). In the spring of 1997, Missouri
Department of Conservation (MDC) botanist Bill Summers (while working
on the Flora of Missouri project) discovered the species at a
limestone/dolomite quarry in Izard County, northcentral Arkansas (Theo
Witsell, in litt. 2002). Subsequent investigations following this find
led to documentation of an additional site in Washington County,
northwestern Arkansas, discovered in 1992 (Theo Witsell, in litt.
2002). In the spring of 1998, surveys were expanded in Arkansas, and,
although no new sites were discovered in the State, a more extensive
population of Missouri bladderpod was found at the Izard County site
than had been originally discovered in 1997 (John Logan, Arkansas
Natural Heritage Commission, pers. comm. 1998). The population at the
Washington County site had not been observed since 1992 until it was
rediscovered on May 1, 2002, when approximately 500 flowering and
fruiting plants were discovered on a small glade opening at the
original 1992 site (Theo Witsell, in litt. 2002). Currently, Missouri
bladderpod is known to occur at a total of 61 sites in 4 counties in
Missouri and 2 sites in 2 counties in Arkansas.
Population levels of Missouri bladderpod fluctuate widely as is
typical of winter annuals, depending on edaphic (soil) and climatic
conditions, and factors such as seed crop from the preceding season,
seed survival in the seed bank, recruitment from the seed bank, and the
survival of growing plants (Thomas 1998). Annual monitoring data have
been collected for a minimum of 11 consecutive years at two Missouri
[[Page 59338]]
sites, and irregular monitoring has occurred at numerous other sites.
Thomas (1998) and Boetsch (in litt. 2002) reported changes in
population status of Lesquerella filiformis between 1988 and 2003 on
National Park Service (NPS) property at Bloody Hill Glade, Wilson's
Creek National Battlefield, and observed that the population varied
from 0 to 303,446 plants, with an average annual population of 58,862
plants (Table 1). The MDC monitored 21 permanent plots within 1
population at the Rocky Barrens Conservation Area between 1992 and 2003
and noted that the number of individual plants varied from 2 to 3,584
(Tim Smith, MDC, in litt. 2003, Table 1). Monitoring of a population at
Cave Springs Outcrop Glade in Dade County in 1980, 1984, 1988, 1990,
and 1993 yielded 500, 545, 50, 0, and 0 plants, respectively (MDC
2002a). To date, the maximum population estimate at the Izard County,
AR site has been ``tens of thousands of plants,'' in 1997, while in
1999 only a few plants were found at the same site (Theo Witsell, in
litt. 2002). Irregular monitoring (a minimum of 4 years of data between
1993 and 1999) at seven Nature Conservancy registry sites yielded
similar fluctuations in population numbers as described elsewhere, with
estimates ranging from 0 to 47 plants at the smallest population and 3
to 3,448 plants at the largest (Susanne Greenlee, TNC, in litt. 1999;
MDC 2002a).
Table 1. Annual Population Estimates of Missouri Bladderpod on Bloody
Hill Glade (Wilson's Creek National Battlefield) and in 21 Plots at
Rocky Barrens Conservation Area, Greene County, MO, 1988-2003 (From
Thomas 1998; Tim Smith, in litt. 2003; John Boetsch, in litt. 2002; Mike
DeBacker, in litt. 2003).
------------------------------------------------------------------------
Estimated Population Size
(number of plants)
--------------------------
Rocky
Year Barrens
Bloody Hill Conservation
Glade Area (21
plots)
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1988......................................... 58,351 ............
1989......................................... 31,911 ............
1990......................................... 10,154 ............
1991......................................... 303,446 ............
1992......................................... 24,611 110
1993......................................... 0 1,211
1994......................................... 0 200
1995......................................... 18,514 2,295
1996......................................... 88,166 224
1997......................................... 33,873 3,584
1998......................................... 30,475 1,283
1999......................................... 66,650 320
2000......................................... 72,623 143
2001......................................... 145,604 2
2002......................................... 2,401 713
2003......................................... 50,701 2,438
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Average..................................... 58,593 \1\ 1,0441
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\1\ Average within 21 permanent plots--total population size at this
site is much larger.
An examination of the status of most extant sites following the
procedures established by Hickey (1988) was conducted in the spring of
2000. Hickey visited 52 extant sites between April and May and noted
that: (1) Populations of the species were found in the same terrace or
rock shelf as they were in 1988-1990, and (2) some sites exhibited
lower numbers than in 1988-1990, apparently attributable to the drought
conditions, an increase in cedar density or encroachment of other woody
vegetation, or competition from exotic species of brome grasses (Bromus
spp.). Population density at some locations increased apparently
because of tree removal and maintained grazing (Hickey 2000). Continued
long-term monitoring of some larger sites in Missouri and the site in
Izard County, AR, is also planned.
In years when germination, overwinter survival, seedling
establishment, and plant growth are ideal, Lesquerella filiformis
populations can be so large as to make rangewide population estimates
extremely difficult. Despite the difficulty, estimates made by Hickey
(1988) at 55 sites in Missouri yielded approximately 400,000 plants.
Had rangewide estimates been taken in 1991 when 303,446 plants were
estimated at Bloody Hill Glade, Wilson's Creek National Battlefield
(Table 1, Thomas 1998), the population that year likely would have
exceeded 500,000 plants. However, given the extreme annual fluctuations
in population size, only long-term monitoring efforts patterned
similarly to the protocol developed for the Wilson's Creek National
Battlefield (Kelrick 2001a, 2001b) can accurately reflect the true
population status and trend of this species and effectively evaluate
the efficacy of management regimes on bladderpod habitat (Thomas 1998).
The current 63 extant sites have the following Nature Conservancy
Natural Community rankings: (1) 11 (10 in Missouri and 1 in Arkansas)
are graded A (i.e., are relatively stable and undisturbed natural
communities with a high diversity of conservative species); (2) 18 (all
in Missouri) are graded B (i.e., late successional or lightly disturbed
communities, or recently lightly disturbed or moderately disturbed in
the past but now recovered, and the biological diversity has not been
greatly reduced); (3) 1 in Arkansas is graded AB (i.e., intermediate
between A and B); (4) 17 in Missouri are graded C (i.e.,
midsuccessional, moderately to heavily disturbed communities, or
moderate recent disturbance or heavy past disturbance with decreased
recent disturbance); and (5) 16 in Missouri are graded D (i.e., early
successional or severely disturbed communities where the structure and
composition of the community has been severely altered with few
characteristic native species present) (MDC 2002a; Theo Witsell, in
litt. 2002).
Threats identified by the Service at the time of listing (52 FR
679, January 8, 1987) were: (1) Vulnerability of small populations to
overcollecting and human disturbance, (2) lack of research on proper
management techniques necessary to maintain and promote populations of
the species, (3) potential impacts of annual maintenance activities to
populations located on highway rights-of-way, (4) seed destruction by
insects and fungal infections, and (5) inadequate protection or
management on public and private property necessary for the species'
continued existence. Subsequently, the Service (1988) documented the
presence of exotic plant species, such as Bromus tectorum (a cheat
grass), in bladderpod habitat as a significant threat, and this was
further supported by observations by Hickey (1988, 2000) and Thomas
(1996, 1998). Additionally, Hickey (1988, 2000) and Thomas (1996)
identified development, especially land-use changes resulting from
urban expansion, as a major threat to the species, and Hickey (1988)
noted an increase in grazing pressure at some of the sites discovered
during a four-county survey.
[[Page 59339]]
Although no specific reclassification (endangered to threatened)
criteria were provided in the Recovery Plan, the following recovery
(delisting) criteria were given: 30 self-sustaining populations, 15 of
which are in secure ownership, must be at least one-half acre in size
each and show self-sustaining populations for at least 7 years (U.S.
Fish and Wildlife Service 1988). We indicated that these recovery goals
could be accomplished through the following actions: (1) An inventory
of suitable habitat for new populations, (2) the protection and
management of existing populations, (3) the continued monitoring of
populations and initiation of research on the species, (4) the
development and initiation of management programs on protected sites,
(5) the establishment of new populations on public land, and (6) the
development of public awareness and support to further the conservation
of the species.
Although some information gaps concerning the life history
requirements of Lesquerella filiformis remain, research conducted since
the species was listed in 1987 has significantly improved our
understanding of the ecological needs of this species. Dr. Michael
Kelrick (Truman State University, MO) has conducted and supervised
graduate student work on demographics; seed bank ecology; matrix
population dynamics used in the development of a population model and
protocol for long-term monitoring; analyses of the effectiveness of
various management prescriptions utilized to restore and enhance
bladderpod habitat; reproductive success; fecundity; and factors
influencing germination, seedling establishment and vegetative growth,
metapopulation dynamics, and genetic diversity within and between
populations (e.g., Harms 1992; Graham 1994). Lisa Potter Thomas of the
NPS at Wilson's Creek National Battlefield has also conducted extensive
research on the species involving life history ecology (e.g., factors
influencing survivorship, plant vigor, and reproduction); the potential
impacts of human foot trampling on the species; techniques useful in
controlling exotic plants in bladderpod habitat; an examination of
microhabitat parameters; and demographic studies that centered on
germination, density of flowering stems, survivorship, and fecundity
(Thomas and Jackson 1990; Thomas and Willson 1992; Thomas 1996, 1998).
Other recommended research and recovery activities include: (1)
Investigating the pollination ecology of the species; (2) revising the
Recovery Plan objective established in 1988 to reflect the current
knowledge of the species; (3) securing funding to provide necessary
information essential to complete recovery and to facilitate the
removal of the species from the list of federally protected species;
(4) evaluating the efficacy of different management techniques; and (5)
assuring that threats such as urban development and competition from
exotic plants, both of which result from rapid population growth and
urbanization, do not increase (The Nature Conservancy 2002; Hickey
1988; U.S. Fish and Wildlife Service 1988; Thomas and Jackson 1990;
Thomas 1996).
Previous Federal Actions
Section 12 of the Act directed the Secretary of the Smithsonian
Institution to prepare a report, within 1 year after passage of the
Act, on those plants considered to be endangered, threatened, or
extinct. This report, designated as House Document No. 94-51, was
presented to Congress on January 9, 1975. On July 1, 1975, the Director
of the Service published a notice in the Federal Register (40 FR 27823)
of his acceptance of the report of the Smithsonian Institution as a
petition within the context of section 4(c)(2) of the Act (petition
acceptance is now governed by section 4(b)(3) of the Act, as amended),
and of his intention thereby to review the status of the plant taxa
named within. Lesquerella filiformis was named in the Smithsonian
report as endangered and was included in the Service's 1975 notice of
review. A subsequent notice of review published in the December 15,
1980, Federal Register (45 FR 82480) included L. filiformis as a
Category 1 species, indicating that we believed there was sufficient
biological information to support a proposal to list the species as
endangered or threatened.
The Endangered Species Act Amendments of 1982 required that all
petitions, including the report of the Smithsonian Institution, still
pending as of October 13, 1982, be treated as received on that date.
Section 4(b)(3) of the Act, as amended, requires that, within 12 months
of the receipt of such a petition, a finding be made as to whether the
requested action is warranted, not warranted, or warranted but
precluded by other higher priority activities involving additions to or
removals from the Federal Lists of Endangered and Threatened Wildlife
and Plants. Therefore, on October 13, 1983; October 12, 1984; and again
on October 11, 1985, the Service made the finding that listing of
Lesquerella filiformis was warranted but precluded by other pending
listing activities. The proposed rule to list L. filiformis as
endangered was published on April 7, 1986 (51 FR 11874), and the final
rule was published on January 8, 1987 (52 FR 679). The Recovery Plan
was approved on April 7, 1988 (U.S. Fish and Wildlife Service 1988).
In letters dated January 26 and February 17, 1998, the Service
received a petition from the MDC to reclassify Lesquerella filiformis
from endangered to threatened. On March 18, 1998, we responded and
indicated that, based on our Listing Priority Guidance issued on
October 23, 1997, we could not address the petition until we completed
other higher priority listing actions. The Act requires us to make
certain findings on petitions to add species to the List of Endangered
and Threatened Plants, remove species from the List, or change their
designation on the List. A proposed rule to reclassify the Missouri
bladderpod from endangered to threatened was published on June 10, 2003
(68 FR 34569), constituted both our 90-day finding that the petitioned
action may be warranted and our 12-month finding that the action is
warranted, and opened a 60-day public comment period that ended on
August 11, 2003.
Summary of Comments and Recommendations
In the June 10, 2003, proposed rule (68 FR 34569), we requested all
interested parties to submit comments or information concerning the
proposed reclassification of the Missouri bladderpod from endangered to
threatened. We published legal notices in the Arkansas Democrat-
Gazette, Lowell, Arkansas, the Kansas City Star, Kansas City, Missouri,
and The News-Leader, Springfield, Missouri, on June 15, 2003,
announcing the proposal and inviting public comment. In addition, we
contacted interested parties (including elected officials, Federal and
State agencies, local governments, scientific organizations, and
interest groups) through a press release and related fact sheets,
faxes, mailed announcements, telephone calls, and e-mails. The public
comment period closed on August 11, 2003. We received four responses
during the public comment period (one from a State agency and three
from peer reviewers).
State Comments
We received comments from the MDC that did not provide specific
comments on the proposed rule, but rather expressed support for the
reclassification of the Missouri bladderpod from endangered to
[[Page 59340]]
threatened based on the decline of threats, efforts taken to protect
and conserve the species, and the discovery of new populations.
Peer Review
In accordance with our policy published in the Federal Register on
July 1, 1994 (59 FR 34270), we sought the expert opinions of three
appropriate and independent specialists regarding this proposed rule.
The purpose of such review is to ensure that our decisions are based on
scientifically sound data, assumptions, and analyses. We invited these
peer reviewers to comment, during the public comment period, on the
specific assumptions and conclusions regarding the proposed
reclassification of Lesquerella filiformis. All of the three peer
reviewers submitted comments that support the reclassification. We
considered and incorporated, as appropriate, into this final rule all
biological and commercial information obtained through the open comment
period. Key issues raised in the comments are presented below.
Issue 1: Two reviewers commented that long-term monitoring is
needed to assess population stability and viability across the range of
the species.
Our response: As discussed above, we agree that long-term
monitoring is essential to evaluate the rangewide status of the
species. Although regular monitoring of Missouri bladderpod populations
occurs on public lands, similar evaluations are needed on private land
to assess the status of the species throughout its range. As recovery
efforts for this species continue, we will continue to expand and
refine the monitoring program, likely with a prioritized subset of
populations.
Issue 2: Two reviewers expressed concern that the invasion of
exotic brome grasses (Bromus spp.) and other non-native species
threaten the long-term viability of Missouri bladderpod and suggested
that research on this issue be conducted.
Our response: We acknowledge that the invasion of exotic species is
a potential threat to Lesquerella filiformis and that additional
research is needed to assess the extent of this threat. As discussed
under the Factor A, The Present or Threatened Destruction,
Modification, or Curtailment of its Habitat or Range section below,
although non-native species are now common on many areas where
Lesquerella filiformis occurs, there is no solid evidence that these
exotic grasses have eliminated populations of Lesquerella filiformis,
especially in areas that are regularly managed by techniques such as
prescribed fire. We do agree that the control of exotics should be
further evaluated using different control methods and that sites should
be monitored to assess the spread of non-native species onto glade
habitat. Such research and monitoring will continue as outlined in the
Recovery Plan for the species (U.S. Fish and Wildlife Service 1988).
Issue 3: One reviewer was concerned that lack of management
contributed to the degraded condition of many glades where the species
is found, particularly on non-public lands.
Our response: As discussed under the Factor A, The Present or
Threatened Destruction, Modification, or Curtailment of its Habitat or
Range section below, we believe that Missouri bladderpod responds
favorably to various management activities (see Table 2). Missouri
bladderpod responds positively to low to moderate disturbance, and has
thus adapted to glades that may not be classified as high-quality
habitats. Prescribed fire has been an effective tool in controlling the
invasion of exotics and the encroachment onto glade habitat by native,
woody vegetation. We do, believe, however, that the response of
Missouri bladderpod to different management techniques should be
further evaluated on both public and private land, and will continue
this effort in implementing the recovery plan for this species.
Issue 4: One reviewer expressed concern that an effective
management tool, prescribed burns, are often difficult to implement at
the Nathan Boone State Historic Site in Green County, MO.
Our Response: Although prescribed burns may be difficult to
implement at that particular Missouri bladderpod site, this is not an
issue at the sites with other significant populations. As recovery
efforts for the species continue, we will explore other management
methods that may work better at Nathan Boone State Historic Site.
Summary of Factors Affecting the Species
Section 4 of the Act and regulations (50 CFR part 424) promulgated
to implement the listing provisions of the Act set forth the procedures
for determining whether to add, reclassify, or remove a species from
the List of Endangered and Threatened Plants using five factors
described in section 4(a)(1). These factors and their application to
Lesquerella filiformis Rollins (Missouri bladderpod) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
At the time of listing, Lesquerella filiformis was known to occur
at only nine locations in Dade, Greene, and Christian Counties, MO. As
described in the BACKGROUND section, surveys and research since that
time have documented 63 extant sites. Currently, this species is known
to occur at a total of 61 sites in 4 counties in Missouri and 2 sites
in 2 counties in Arkansas. Of these, 30 have a TNC Nature Community
Rank of A, B, or AB.
Taking into consideration annual fluctuations in population, the
estimated total number of plants known in Missouri has increased from
approximately 550 plants in 1980 (Morgan 1980) to a potential maximum
of 400,000-500,000 plants when climatic and edaphic conditions are
ideal for germination, overwinter survival, seedling establishment,
growth, and seed production. Additionally, a maximum of ``tens of
thousands'' of plants have been reported at the Izard County, AR, site
(Theo Witsell, in litt. 2002). Given that the two sites in Arkansas are
separated by approximately 150 miles and are about 85-100 miles from
the nearest location in southwestern Missouri, the possibility exists
that additional populations of Lesquerella filiformis are yet to be
discovered in southern Missouri and northern Arkansas, especially
because the Izard County, AR, site is partially dolomitic, a geological
feature previously not targeted for surveys in Missouri.
In addition, the threat of habitat loss has been reduced by the
acquisition and management of occupied sites by public land management
agencies and TNC (Table 2). The MDC and TNC successfully protected one
of the largest known sites, Rocky Barrens in Greene County, MO, by
purchasing a total of 281 acres of occupied habitat during the period
of 1988 to 1993. Another five sites in Missouri are under public
ownership or a long-term conservation agreement, including
approximately 29 acres at the Wilson's Creek National Battlefield in
Christian and Greene Counties; 3 acres at the Nathan Boone State
Historic Site in Greene County; and approximately 40 acres at the Bois
D'Arc Conservation Area in Greene County, an MDC property.
Additionally, TNC has secured a 100-year lease to manage 47 acres of
bladderpod habitat at South Greenfield Glade in Dade County, MO (Beth
Churchwell, TNC, pers. comm. 2000).
[[Page 59341]]
Table 2.--Beneficial Activities To Enhance Missouri Bladderpod Sites Under Public Ownership or a Long-Term
Easement Agreement
----------------------------------------------------------------------------------------------------------------
Management Other conservation
Site Managing agency Acreage activities activities
----------------------------------------------------------------------------------------------------------------
Wilson' s Creek National National Park 4 sites, 29 acres. Control of woody Ongoing monitoring
Battlefield. Service. vegetation, and demographics;
exotic grasses, life history and
and sericea micro-habitat
lespedeza using a studies; public
variety of outreach and
methods, education.
including
prescribed
burning,
mechanical
removal, and
reducing foot
traffic impacts.
Rocky Barrens Conservation Area. Missouri 191 acres......... Control of woody Ongoing
Department of vegetation and monitoring;
Conservation. exotic grasses public outreach
using prescribed and education;
burning and support of
mechanical various research
removal. projects.
Rocky Barrens................... The Nature 90 acres.......... Control of woody Ongoing
Conservancy. vegetation and monitoring;
exotic grasses public outreach
using prescribed and education;
burning and support of
mechanical various research
removal. projects.
Bois D'Arc Conservation Area.... Missouri 40 acres.......... Control of woody Ongoing
Department of vegetation and monitoring;
Conservation. exotic grasses public outreach
using prescribed and education.
burning and
mechanical
removal.
Nathan Boone State Historic Site Missouri 3 acres........... Control of woody Ongoing
Department of vegetation and monitoring;
Natural Resources. exotic grasses planned
using prescribed development of
burning; fencing interpretative
to eliminate program.
cattle from
occupied habitat.
South Greenfield................ The Nature 47 acres.......... Control of woody Ongoing monitoring
Conservancy. vegetation and and floristic
exotic grasses inventories of
using prescribed associated
burning and species.
mechanical
removal.
----------------------------------------------------------------------------------------------------------------
The MDNR, MDC, TNC, and Wilson's Creek National Battlefield have
undertaken various management activities to further the conservation of
the species (Table 2). Management techniques that have been effective
in enhancing bladderpod habitat include prescribed burning,
chainsawing, and bulldozing to control the encroachment of woody
vegetation such as red cedar (Juniperus virginiana) and exotic plants
such as annual brome grasses (Bromus spp.) and sericea lespedeza
(Lespedeza cuneata), rerouting hiking trails to reduce potential impact
from foot traffic, and installing fencing to exclude cattle from
occupied habitat (Table 2).
In particular, prescribed burning is a highly beneficial technique
to improve bladderpod habitat. In 1988, an estimated 1,500 plants were
counted at Rocky Barrens Conservation Area (Hickey 1988), and 2,000
plants were determined to occur on the same site in 1992 (MDC 2002a).
In August 1993, MDC conducted a controlled burn on the area (Figg and
Priddy 1994), and over 50,000 plants were estimated in May 1994 (MDC
2002a). The species responded similarly at the same site in the spring
of 1997 and 1998, following controlled burns in August 1996 (Figg and
Davit 1997) and 1997. MDC botanist Tim Smith estimated that the
population at the site in May 1998 contained ``tens of thousands'' of
plants (MDC 2002a).
Additional protection and management of bladderpod habitat has
occurred through TNC's Registry Program. From 1986 to 1996, nine sites
in Christian, Dade, and Greene Counties were added to the
organization's Registry Program. Under this program, private landowners
have an agreement with TNC to protect Missouri bladderpod sites to the
best of their ability and to notify TNC regarding any new threats to
the species or its habitat or if the landowner plans to sell the
property. Additionally, TNC personnel assist private landowners by
providing management suggestions, including the development of site-
specific plans, and by notifying them of various landowner incentive
programs that promote Best Management Practices. Best Management
Practices developed by MDC (2000) include surveys for bladderpod and
bladderpod habitat, controlling the encroachment of eastern red cedars
and exotic species onto glade habitat through mechanical cutting and
prescribed fire, avoiding the use of nonspecific herbicides between
October and July in occupied bladderpod habitat, and avoiding heavy
grazing or grazing during flowering and fruiting periods (March-July)
(Susanne Greenlee, TNC, pers. comm. 1998).
In 1998, the Service provided funding to TNC to enhance 90 acres of
degraded bladderpod habitat on Rocky Barrens Conservation Area in
Greene County. Missouri bladderpod habitat was improved by prescribed
fire and cutting of invasive eastern red cedar trees. Although a
thorough estimate of Missouri bladderpod plants has not yet been
possible on the managed area since these restoration efforts were
conducted in 1998, flowering plants were observed at the location in
1999 (Doug Ladd, TNC, pers. comm. 2000).
Potential impacts to populations of Lesquerella filiformis on
rights-of-way maintained by the Missouri Department of Transportation
(MODOT) was another threat identified at the time of listing (52 FR
679, January 8, 1987) and also when the Recovery Plan was completed for
the species (U.S. Fish and Wildlife Service 1988). Education programs
within the MODOT have significantly reduced the potential impact of
mowing or chemical treatment of highway rights-of-way. Maintenance
supervisors who work within the range of Missouri bladderpod in
Missouri have been alerted to the location of extant populations and
have been trained in the identification and habitat needs of the
species. Consequently, most maintenance activities that may impact the
species are avoided. In situations where potential impacts are
[[Page 59342]]
unavoidable, MODOT, as a designated representative for the Federal
Highway Administration, initiates consultation with the Service and
further discusses such activities with the MDC to minimize these
impacts (Gene Gardner, MODOT, pers. comm. 2000).
The expansion of the exotic brome grasses Bromus tectorum L. and B.
sterilis L. has been identified by some as a potential threat to the
Missouri bladderpod (The Nature Conservancy 2002; Hickey 1988; U.S.
Fish and Wildlife Service 1988; Thomas and Jackson 1990; Thomas 1996;
Hickey 2000). Thomas and Jackson (1990), however, indicated that exotic
species of Bromus spp. can be controlled with a combination of
management techniques. While such management is undoubtedly labor-
intensive, and continued monitoring of this threat is warranted, there
is no solid evidence to date that these exotic grasses have eliminated
populations of Lesquerella filiformis, especially in areas that are
regularly managed by techniques such as prescribed fire. Nonetheless,
further research on the potential adverse impacts of brome grasses to
Missouri bladderpod is clearly warranted.
The glade and other rocky habitats where Lesquerella filiformis is
found were probably maintained historically by fires. The cessation or
significant reduction in the number of fires occurring on glades in the
last few centuries has enabled woody vegetation, such as red cedar, to
encroach onto bladderpod habitat. The encroachment of such woody
vegetation onto glades occupied by Lesquerella filiformis has been
frequently listed as a threat to this species' continued existence
(Hickey 1988; Thomas and Jackson 1990; Thomas 1996; The Nature
Conservancy 2002). Recent research by MDC and TNC at the Rocky Barrens
Conservation Area and Preserve in Greene County, MO, has provided
strong evidence that this species responds well on glades that have
been cleared of woody vegetation by the combination of cedar tree
removal and the use of controlled fires (Figg and Davit 1997).
Prescribed burns have been conducted on six sites under public
ownership with positive results (Table 2). This management tool may be
used at additional bladderpod sites.
Grazing and haying are potential threats to Missouri bladderpod
populations under private ownership (U.S. Fish and Wildlife Service
1988). Overgrazing may impact small populations of the plant, but minor
grazing actually enhances these populations (MDC 1997). Presently,
there are no known incidents where haying has been a threat to existing
Missouri bladderpod populations.
The poor, rocky, thin soils over bedrock make bladderpod habitat
nonconducive to increases in agricultural development within the
species' range in Missouri. Hickey (2000) reported that one population
was destroyed by construction of a putting green on a golf course and
another was destroyed as a result of residential construction. Thus, as
discussed by Hickey (1988, 2000) and Thomas (1996), the species'
habitat is threatened most by urban/suburban expansion and development.
The Service, TNC, and all public land management agencies with
extant sites on lands under their jurisdiction have been actively
involved in various aspects of public outreach and education associated
with Missouri bladderpod. These include developing landowner contact
programs, producing educational brochures, and holding identification
and ecology workshops on the species. In 1995, MDC published a new
brochure for the Rocky Barrens Conservation Area that highlighted
Missouri bladderpod. In the same year, MDC conducted an identification
workshop for employees of the Natural Resources Conservation Service
(NRCS) and the Williams Pipeline Company in Springfield, MO. This
workshop was extremely productive as it led to the discovery of a
previously unknown site of Missouri bladderpods along a powerline
right-of-way in Greene County. In February 1997, MDC published an
Endangered Species Guide Sheet for the Missouri bladderpod and
distributed it to private individuals and public agency employees
through MDC, TNC, NRCS, and the University of Missouri Extension
Service. The brochure provided information on identification, life
history requirements, habitat, distribution, causes of historic
decline, current threats to the species, and management guidelines that
would contribute to bladderpod recovery.
Public outreach materials developed for the Missouri bladderpod
include a Best Management Practice Guide Sheet distributed by MDC
(2000) that outlines suggested management practices for projects that
could potentially impact the species identified by MDC during
environmental reviews. A public information endangered species card was
published by the Conservation Commission of the State of Missouri
(1999). The species was also highlighted in two separate issues of
MDC's Missouri Conservationist (June 1995 and February 1999) involving
endangered species.
In 1992, MDC and the Service cooperated in a landowner contact
program involving 25 private landowners with extant populations of
Lesquerella filiformis in an approximately 5-square-mile area in Greene
County, MO. The purpose of the program was to educate the landowners on
the habitat needs of Missouri bladderpod and to suggest compatible land
management techniques that would benefit the species. Over 80 percent
of the people contacted responded favorably to the protection and
management of the bladderpod and its habitat (Amy Salveter, U.S. Fish
and Wildlife Service, pers. comm. 2000).
Although great progress has been made toward the recovery of
Lesquerella filiformis, the species is still threatened by urban/
suburban expansion and development and encroachment of invasive woody
plants and exotic pasture grasses. The recent discoveries in
northwestern Arkansas indicate that additional surveys in southern
Missouri and northern Arkansas are warranted. Additionally, population
estimates at all extant sites in Missouri in one year have not been
undertaken since observations made by Hickey (1988). Extended
demographic analyses conducted by Thomas (1996), Kelrick (2001a,
2001b), and Smith (in litt. 2002) strongly suggest that a well-
established long-term monitoring program is necessary to accurately
detect population trends.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
At the time of listing, overcollecting by botanists and flower
garden enthusiasts was considered a threat to the species' continued
existence (52 FR 679, January 8, 1987). Although Steyermark (1963)
indicated that the Missouri bladderpod is a desirable addition to rock
gardens, and the Service postulated that the species may be vulnerable
to overcollection at the time of listing (52 FR 679, January 8, 1987),
there is no evidence to date that such activities have taken place.
Additionally, given the large number of currently known extant sites
(61 in Missouri and 2 in Arkansas), adverse impacts from overcollecting
by wildflower enthusiasts or botanical collectors is extremely
unlikely, even during years when the number of flowering individuals is
low. Overutilization is no longer believed to pose a threat to this
species.
C. Disease or Predation
Morgan (1983) studied one population of Lesquerella filiformis at
Wilson's Creek National Battlefield in Greene
[[Page 59343]]
County, MO, and determined that insect predation and fungal infection
damaged seed set. Although there may be a concern for such impacts
during low population levels, it is likely that Missouri bladderpod has
adapted to such natural influences and the species is probably well
buffered against these natural occurrences at more robust population
levels. To date, there is no evidence that these agents are exotic to
the species' habitat, or that naturally occurring incidents of disease
or predation have contributed to a recent decline in any of the known
extant populations.
D. The Inadequacy of Existing Regulatory Mechanisms
The MDC recently adopted the conservation status ranking system
developed by NatureServe, TNC, and the Natural Heritage Network for
global (G ranks) and State (S ranks) rankings for all State and
federally listed species in Missouri (Missouri Natural Heritage Program
2003). Lesquerella filiformis is officially listed in Missouri as rare
and uncommon, with a ranking of S3 (rare and uncommon in the State; 21
to 100 occurrences), and G2 (imperiled globally because of extreme
rarity or because of some factor(s) making it especially vulnerable to
extinction; typically 5 or fewer occurrences or very few remaining
individuals or acres). This species is also listed in the Wildlife Code
of Missouri (MDC 2002b). Species listed in the Wildlife Code of
Missouri under 3CSR10-4.111 are protected by State Endangered Species
Law 252.240. Missouri regulations prohibit the exportation,
transportation, or sale of plants on the State or Federal lists. A
small percentage of Missouri's populations of Missouri bladderpod occur
on lands either administered by MDC, MDNR, NPS, or TNC. These agencies
prohibit the removal of this plant from their properties without a
collector's permit.
Currently, Lesquerella filiformis is State-listed in Arkansas as S1
(critically imperiled in the State because of extreme rarity or because
of some factor(s) making it especially vulnerable to extirpation from
the State; typically five or fewer occurrences or very few remaining
individuals; Theo Witsell, in litt. 2002) but receives no additional
protection other than those specified under the Act (John Logan, pers.
comm. 1998).
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Various human disturbances were considered as threats to the
species at the time Lesquerella filiformis was listed in 1987 (52 FR
679, January 8, 1987). Thomas and Willson (1992) examined the potential
impact of trampling on a population at Wilson's Creek National
Battlefield and noted that the species' survival decreased by 42
percent when subjected to the highest level of trampling intensity.
Although populations of L. filiformis on public areas that receive high
levels of trampling are few in number, precautions will need to be
taken in the future to protect Missouri bladderpod habitat at such
locations. Other studies and observations, however, suggest that this
species actually benefits from low to moderate levels of human-induced
disturbance that reduce woody encroachment and stimulate seed bank
germination through soil disturbance (MDC 1997; Jerry Conley, MDC, in
litt. 1998). Excessive disturbance from trampling, overgrazing by
livestock, and significant alterations of glade habitat through the use
of ground-moving equipment could become increased threats to the
species in the future and should be closely monitored.
Summary of Status
Under the Act, an endangered species is defined as one that is in
danger of extinction throughout all or a significant portion of its
range. A threatened species is defined as one that is likely to become
an endangered species within the foreseeable future throughout all or a
significant portion of its range. Given that (1) Lesquerella filiformis
now occurs at 61 sites in Missouri and 2 sites in Arkansas (an increase
of 54 sites since listing); (2) 6 sites in Missouri are under public
ownership or under a long-term conservation agreement and are managed
to benefit the species; (3) 9 additional sites in Missouri receive some
degree of protection as part of TNC's Registry Program; (4) the species
responds well to the proper management of its habitat, especially cedar
tree removal and controlled burning; (5) minor levels of disturbance
may actually benefit rather than hinder the species; and (6)
significant knowledge has been gained regarding the life history
requirements and population dynamics of the species, we no longer
believe that this species meets the definition of an endangered
species.
Although there has been a considerable increase in the number of
known populations, an expansion of the known range of the species, and
a sizeable increase in the number of known individual plants, the
Missouri bladderpod has not recovered to the point that it can be
removed (delisted) from the Federal List of Endangered and Threatened
Plants (50 CFR 17.12). These numerical increases are encouraging, and
they provide evidence suggesting the species has exceeded the first
delisting criterion, which requires 30 self-sustaining populations.
However, the delisting criteria also require that 15 of the populations
must be in secure ownership, be at least one-half acre in size, and
show self-sustaining populations for at least 7 years. At this time,
fewer than 10 populations can be considered to be in secure ownership,
and only 3 of these populations have been monitored for at least 7
years. Although acreage of these secured populations is large, because
of the year-to-year population fluctuations demonstrated by this
species, at this time we can document that only one of these three
populations is viable and self-sustaining for at least 7 years.
Therefore, we believe delisting this species would be premature.
Consequently, on the basis of our review of the best available
scientific and commercial data, we are reclassifying the Missouri
bladderpod from endangered to threatened under 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
activities. Recognition through listing results in public awareness and
conservation actions by Federal, State, tribal, and local agencies,
private organizations, and individuals. The Act provides for possible
land acquisition and cooperation with the States and requires that
recovery plans be developed for all listed species. The protection
required of Federal agencies and the prohibitions against certain
activities involving listed plants are discussed below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened, and with respect to its critical
habitat if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. 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 us.
[[Page 59344]]
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all threatened
plants. With respect to Lesquerella filiformis, certain prohibitions of
section 9(a)(2) of the Act, implemented by 50 CFR 17.71 for threatened
plants, apply. These prohibitions, in part, 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 remove and reduce the species to possession from areas
under Federal jurisdiction. Seeds from cultivated specimens of
threatened plants are exempt from these prohibitions provided that
their containers are marked ``Of Cultivated Origin.'' Certain
exceptions to the prohibitions apply to our agents and State
conservation agencies. We are not aware of any otherwise lawful
activities being conducted or proposed by the public that will be
affected by application of section 9 to this listing.
The Act and 50 CFR 17.72 also provide for the issuance of permits
to carry out otherwise prohibited activities involving threatened
plants under certain circumstances. Such permits are available for
scientific purposes and to enhance the propagation or survival of the
species. For threatened plants, permits also are available for
botanical or horticultural exhibition, educational purposes, or special
purposes consistent with the purpose of the Act. We anticipate that few
trade permits would ever be sought or issued for Lesquerella filiformis
because the plant is not in cultivation or common in the wild.
This rule changes the status of Lesquerella filiformis at 50 CFR
17.12 from endangered to threatened. This rule is not an irreversible
action on the part of the Service. Reclassifying Lesquerella filiformis
to endangered may be considered if changes occur in management,
habitat, or other factors that negatively alter the species' status or
increase threats to its survival.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Columbia Field Office (see the ADDRESSES section).
Requests for copies of the regulations concerning listed plants and
general inquiries regarding prohibitions and issuance of permits under
the Act may be addressed to the U.S. Fish and Wildlife Service, BHW
Federal Building, 1 Federal Drive, Fort Snelling, MN 55111 (phone 612/
713-5350, facsimile 612/713-5292).
Required Determinations
Paperwork Reduction Act
Office of Management and Budget (OMB) regulations at 5 CFR 1320,
which implement provisions of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.) require that Federal agencies obtain approval from OMB
before collecting information from the public. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information, unless it displays a currently valid control
number. This regulation does not contain any new collections of
information other than those permit application forms already approved
and assigned OMB clearance number 1018-0094. For additional information
concerning permits and associated requirements for threatened species,
see 50 CFR 17.72.
Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires Federal agencies to prepare
Statements of Energy Effects when undertaking certain actions. This
rule is not expected to significantly affect energy supplies,
distribution, or use. Therefore, this action is not a significant
energy action, and no Statement of Energy Effects is required.
National Environmental Policy Act
We have analyzed this rulemaking in accordance with the criteria of
the National Environmental Policy Act and 318 DM 2.2(g) and 6.3(D). We
have determined that Environmental Assessments and Environmental Impact
Statements, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Act. A notice
outlining our reasons for this determination was published in the
Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited herein, as well as others,
is available upon request from the Service's Columbia, MO, Field Office
(see ADDRESSES section).
Author
The primary author of this proposed rule is Paul M. McKenzie, Ph.D.
(see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
Accordingly, we amend part 17, subchapter B of Chapter I, title 50 of
the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Section 17.12(h) is amended by revising the entry for ``Lesquerella
filiformis'' under FLOWERING PLANTS to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
----------------------------------------------------- Historic range Family Status When Critical Special
Scientific name Common name listed habitat rules
---------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
* * * * * * *
Lesquerella filiformis.......... Missouri U.S.A. (AR, MO)... Brassicaceae...... T 253, 739 NA NA
bladderpod.
* * * * * * *
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[[Page 59345]]
Dated: September 29, 2003.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 03-25884 Filed 10-14-03; 8:45 am]
BILLING CODE 4310-55-P