Vol. 78 Wednesday, No. 176 September 11, 2013

Part V

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Texas Golden Gladecress and Threatened Status for Neches River Rose-Mallow; Final Rule

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DEPARTMENT OF THE INTERIOR Executive Summary • The above threats are likely Why we need to publish a rule. On exacerbated by climate change. Fish and Wildlife Service We have determined that the Neches September 11, 2012 (77 FR 55968), we River rose-mallow meets the definition published a proposed rule to list 50 CFR Part 17 of a threatened species due to the Leavenworthia texana (Texas golden following threats: gladecress) as an endangered species • Habitat loss and degradation of [Docket No. FWS–R2–ES–2012–0064; and Hibiscus dasycalyx (Neches River 4500030113] open habitats on hydric alluvial soils rose-mallow) as a threatened species. In along sloughs, oxbows, terraces, and this rule, we are finalizing our proposed wetlands of the Neches, Sabine, and RIN 1018–AX74 determinations for these species under Angelina River basins and Mud Creek the Act. The Act requires that a final Endangered and Threatened Wildlife and Tantabogue Creek basins that rule be published in order to add any support the Neches River rose-mallow. and Plants; Determination of plant species to the List of Endangered Endangered Status for Texas Golden The Neches River rose-mallow’s habitat and Threatened Plants and to provide is being lost and degraded by Gladecress and Threatened Status for that species protections under the Act. Neches River Rose-Mallow encroachment of nonnative and native We are publishing a final rule on the plant species, particularly trees; designation of critical habitat for the AGENCY: Fish and Wildlife Service, herbicide use; livestock and hog Interior. Texas golden gladecress and the Neches trampling; and alteration of the natural River rose-mallow under the Act hydrology associated with seasonal ACTION: Final rule. elsewhere in today’s Federal Register. flooding to conditions where habitat has The critical habitat designation final SUMMARY: We, the U.S. Fish and been drained or has become rule and its supporting documents will permanently flooded. Prolonged or Wildlife Service, determine publish under Docket No. FWS–R2–ES– Leavenworthia texana (Texas golden frequent droughts can exacerbate habitat 2013–0027, and can also be found at the degradation for both species. gladecress) meets the definition of an locations listed in the ADDRESSES • endangered species and Hibiscus Inadequacy of existing regulatory section of this rule. mechanisms to protect the Neches River dasycalyx (Neches River rose-mallow) The basis for our action. Under the meets the definition of a threatened rose-mallow or its habitats. Act, a species may be determined to be • The above threats are likely species under the Endangered Species endangered or threatened based on any exacerbated by climate change. Act of 1973, as amended (Act). This of the following five factors: (A) The Peer review and public comment. We final rule adds these species to the List present or threatened destruction, sought comments from six independent of Endangered and Threatened Plants modification, or curtailment of its specialists to ensure that our and implements the Federal protections habitat or range; (B) overutilization for designation is based on scientifically provided by the Act for these species. commercial, recreational, scientific, or sound data and analyses. We obtained DATES: This rule is effective on October educational purposes; (C) disease or opinions from four knowledgeable 11, 2013. predation; (D) the inadequacy of individuals with scientific expertise to ADDRESSES: This final rule and other existing regulatory mechanisms; or (E) review our technical assumptions and supplementary information are available other natural or manmade factors analysis, and to determine whether or on the Internet at http:// affecting its continued existence. not we had used the best available www.regulations.gov (Docket No. FWS– We have determined that the Texas information. The peer reviewers R2–ES–2012–0064), http:// golden gladecress meets the definition generally agreed with portions of our www.fws.gov/southwest/es/ of an endangered species due to the assessment, including the threats ElectronicLibrary/ElectronicLibrary_ following threats: analysis, and most of our conclusions, • Main.cfm, or http://www.fws.gov/ In some cases, a total loss of habitat although they pointed out areas where southwest/es/ClearLakeTexas/. These and plants, and in others a degradation additional research would refine our documents, as well as all supporting of the herbaceous glade plant understanding of the two species’ information are also available for public communities supporting the Texas habitat requirements and range. The inspection, by appointment, during golden gladecress. Activities or factors peer reviewers pointed out additional normal business hours at, or by that continue to negatively impact the information, clarifications, and requesting electronic copies from: U.S. habitat of the Texas golden gladecress suggestions for future research that Fish and Wildlife Service, Texas Coastal include glauconite quarrying; natural would inform future surveys to refine Ecological Services Field Office, 6300 gas and oil exploration, production, and the geographic range, and help with Ocean Drive, Unit 5837, Corpus Christi, distribution; invasion of open glades by management and recovery efforts. TX 78412–5837; by telephone at 361– nonnative and native shrubs, trees, and Information we received from peer 994–9005; or by facsimile at 361–994– vines, and other weedy species; pine review is incorporated in this final 8262. tree plantings in close proximity to revised designation. We also considered occupied glades; herbicide applications all comments and information we FOR FURTHER INFORMATION CONTACT: that have potential to kill emerging received from the public during the Edith Erfling, Field Supervisor, U.S. seedlings; and the installation of service comment periods. Fish and Wildlife Service, Texas Coastal improvements, including water and Ecological Services Field Office (see sewer lines, domestic gas lines, or Previous Federal Actions ADDRESSES); by telephone 281–286– electric lines. On September 11, 2012 (77 FR 55968), 8282; or by facsimile 281–488–5882. • The inadequacy of existing we published a proposed rule to list the Persons who use a telecommunications regulatory mechanisms to protect the Texas golden gladecress as endangered device for the deaf (TDD) may call the Texas golden gladecress or its habitats. and the Neches River rose-mallow as Federal Information Relay Service • Other natural or manmade factors, threatened, both with critical habitat. (FIRS) at 800–877–8339. including low numbers of individual On April 16, 2013 (78 FR 22506), we SUPPLEMENTARY INFORMATION: plants and few remaining populations. reopened public comment period on the

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proposed rule. On May 1, 2013, we held 1987, pers. comm. in Mahler 1987, pp. (white bladderpod) are found in small- a public hearing to accept oral and 239, 241) while the Oklahoma L. aurea scale plant communities tied to written comments on the proposals. had 2n = 48 (Rollins 1963, pp. 9–11; ‘‘geologic and hydrologic conditions We are publishing a final rule on the Beck et al. 2006, p. 156). We are aware that are themselves rather rare on the designation of critical habitat under the that a recently completed monograph of landscape’’ (Poole et al. 2007, p. 6). Act (16 U.S.C. 1531 et seq.) for the the genus may have taxonomic Based on all documented occurrence Texas golden gladecress and the Neches implications for the Texas and records, the Texas golden gladecress is River rose-mallow elsewhere in today’s Oklahoma Leavenworthia species in the endemic to glade habitats in northern Federal Register. future, but several questions, including San Augustine and northwest Sabine Counties, Texas, where it is a habitat Background the differences in chromosome number, remain unresolved and no supporting specialist, occurring only on outcrops of Species Information information that would change the the Weches Geologic Formation (Mahler It is our intent to discuss below only current status of Texas golden 1987, p. 240; George and Nixon 1990, p. those topics directly relevant to the gladecress has been published to date 120; Poole et al. 2007, pp. 286–287). listing of the Texas golden gladecress as (Poole 2011a, pers. comm.). The gladecress grows only in glades on endangered, and the Neches River rose- Texas golden gladecress is a weakly shallow, calcium-rich soils that are wet mallow as threatened, in this final rule. rooted, glabrous (smooth, glossy), winter in winter and spring. These occur on Species information for the Texas annual (completes its life cycle in 1 ironstone (glauconite or green-stone) golden gladecress and Neches River year). Texas golden gladecress is small outcrops (Poole et al. 2007, p. 286). rose-mallow can also be found in the in stature, less than 3.9 inches (in) (10 All species within the small genus September 11, 2012 (77 FR 55968), centimeters (cm)) in height, making it Leavenworthia share an adaptation to proposed rule. difficult to find except during flowering glade habitats that have unique physical or when it bears fruit. The leaves are characteristics, the most important Texas Golden Gladecress 0.8–3.1 in (2–8 cm) long and 0.4–0.6 in being a combination of shallow soil Taxonomy and Description (1–1.5 millimeters (mm)) wide, forming depth and high calcium content rosettes at the base of the plant. (dolomitic limestone or otherwise Texas golden gladecress is a small, Terminal leaf segments are wider-than- calcareous soils) where the soil layers annual, herbaceous plant belonging to long, and usually distinctly lobed, with have been deposited in such a manner the mustard family (Brassicaceae). Dr. angular teeth. Flowers are bright yellow that they maintain temporary high- M. C. Leavenworth, an Army physician, and borne on scapes (leafless flowering moisture content at or very near the first collected the taxon in Choctaw stems or stalks arising from the ground) surface (Rollins 1963, pp. 4–6). County, Oklahoma, in 1835, and the that are 1.2–3.5 in (3–9 cm) long early Typically, only a few inches of soil specimens were later described as a new in the flowering season. Later in the overlie the bedrock, or, in spots, the soil species, Leavenworthia aurea, by Torrey season, the flowers occur on may be almost lacking and the surface (Mahler 1981, pp. 76–77). unbranched flower clusters that come barren. Within the Weches Formation From 1836 to 1837, Leavenworth off a single central stem from which the glades, gladecress habitat occurs on thin collected similar specimens near the individual flowers grow on small stalks, soils that overlie calcium-rich parent present-day town of San Augustine, San at intervals. The four petals are bright materials where the calcium is derived Augustine County, Texas, and these golden-yellow with a slightly darker from a myriad of fossilized, calcium- were also identified as L. aurea. E. J. base, narrowly obovate (tongue-shaped), dominated oyster shells and other Palmer (1915 and 1918), and D. S. and 0.3–0.4 in (7–10 mm) long and 0.1–0.2 marine life (Dolezel 2012, pers. comm., H. B. Correll (1961 to 1962) as cited by (3.5–5 mm) wide. The fruit is a slender p. 1). Mahler (1981, pp. 83) made later seed capsule, known as a silique, with The glade habitats that support all collections of the plant in the San a length (0.6–1.2 in (15–30 mm)) that is Leavenworthia species are extremely Augustine area. George and Nixon more than twice its width (0.08–0.22 in wet during the late winter and early (1990, pp. 117–127) studied and (2–5.5 mm)) and that contains 5 to 11 spring and then dry to the point of being mapped populations in this area flattened, circular or spherically shaped parched in summer (Rollins 1963, p. 5). between 1979 and 1980. W. H. Mahler seeds. The description above was drawn These glades can vary in size from as studied the collected specimens and from Poole et al. (2007, p. 286), who small as a few meters to larger than 0.37 their habitat, and described the Texas adapted it from others. square miles (mi2) (1 square kilometer plants as a new species, Leavenworthia (km2)) and are characterized as having texana (Mahler 1987, pp. 239–242), Habitat an open, sunny aspect (lacking canopy) based on differences in morphological Texas golden gladecress occurs within (Quarterman 1950, p. 1; Rollins 1963, p. characteristics of flowers and leaves, the Pineywoods natural region of 5). The landscape position of the glades and in chromosome number, between easternmost Texas, within the Gulf may also play a role in assuring the the Oklahoma and Texas plants (Mahler Coastal Plain Physiographic Region. The cyclic moisture regime required by 1987, pp. 239–242). region is defined by uplands that are glade vegetation communities. According to Mahler (1987, p. 240), forested by pine dominated woodlands, The Weches Geologic Formation Texas golden gladecress flower petals interspersed with bottomland, mesic consists of Eocene-age deposits that lie were a brighter, deeper yellow than slope, and bald cypress-tupelo swamp mostly in an east-west band of ancient those of L. aurea, and the petals were forests. Water oak and willow oak are marine sediments. These sediments egg-shaped and flat instead of being prominent in the large stream were deposited in a line roughly parallel broad and notched. The L. texana had floodplains, while some ancient sloughs to the Gulf of Mexico, running from wider-than-long terminal leaf segments are fringed by planer tree and overcup Sabine to Frio Counties, Texas. The that were usually distinctly lobed while oaks (Dolezel 2012, pers. comm.). Many Weches Formation also extends over L. aurea’s terminal leaves were of the rare plants of the Pineywoods 100 miles to the north of Nacogdoches essentially unlobed, flat, and more region, including the Texas golden County into Smith, Wood, Upshur, circular. Texas plants had a gladecress and the federally endangered Marion, and Cass Counties, Texas, and chromosome number of 2n = 22 (Nixon Lesquerella pallida (=Physaria pallida) even into Miller County, Arkansas

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(Godwin 2012, pers. comm., p. 2). A within the glades where it occurs 2006, p. 153). The species may have layer of glauconite clay is either (Nemec 1996, p. 8). evolved for self-fertilization when exposed at the surface or covered by a As is true of other Leavenworthia conditions are not favorable for insect- thin layer of calcareous (calcium- species (Rollins 1963, p. 6), Texas vectored pollination, lessening the containing) sediment measuring as deep golden gladecress seeds germinate species’ dependence on pollinators for as 20 in (50 cm) (George and Nixon during fall rains and the plants cross-pollination and survival and 1990, pp. 117–118). Glauconite is a overwinter as small, tap-rooted rosettes. potentially making the species more characteristic mineral of marine Flowering begins in February and resilient under conditions of small, depositional environments, presenting a continues into March, and sometimes as geographically separated populations. greenish color when initially exposed to late as April, depending on annual Rollins (1963, pp. 41–47) speculated the atmosphere, and later turning red weather conditions. Rollins (1963, p. 6) that species in the genus Leavenworthia (Davis 1966, pp. 17–18; Nemec 1996, p. noted that the blooming period of evolved from a self-incompatible 7). The area of the Weches outcrops in Leavenworthia varied according to the original ancestor to self-compatibility in San Augustine County is referred to as temperature, moisture, and severity of some species to persist with a the ‘‘redlands’’ (Ritter 2011b, pers. winter freezes. Fruit production is diminishing overlap in seasonality of comm.). The glauconite is very friable generally seen from March into April. adequate moisture in glade habitats (crumbly) and has low resistance to The plants respond to drying of the soil versus availability of insect pollinators weathering (Geocaching.com 2010, p. 5). by dropping seed and withering away, (e.g., as the southeastern part of the The soils overlying the clay layer are usually in April and May (Singhurst United States warmed, the required typically rocky and shallow (George 2011b, pers. comm.). By summer moisture levels for germination and 1987, p. 3) and at all Texas golden months, gladecress plants are dead, flowering became more restricted to gladecress sites are classified within the replaced by other low-growing species winter months when insect availability Nacogdoches, Trawick, or Bub soils such as Sedum pulchellum (stonecrop), was lower). This could help to enhance series (United States Department of Portulaca oleracea (common purslane), the species’ persistence, at least in the Agriculture 2009, entire). Phemeranthus parviflorus (sunbright), short term, in a fragmented landscape Within the known range of the Texas and Eleocharis occulata (limestone where habitat patches may be so distant golden gladecress, Weches outcrops spikerush) (Singhurst 2012e, pers. from one another as to preclude occur in a band averaging 5 miles (mi) comm.). Although seed dispersal has pollinators’ movements between them. (8 kilometers (km)) in width that not been studied in Texas golden Even so, the presence of other flowering parallels Texas State Highway (SH) 21 gladecress, observations indicate that plants at gladecress sites could help to through northern San Augustine and seeds fall within 6–8 in (15–20 cm) of attract and maintain a reservoir of northwestern Sabine Counties (Sellards the parent plant (Singhurst 2011c, pers. potential pollinators, thereby increasing et al. 1932 in Diggs et al. 2006, p. 56). comm.). the chances for the gladecress to be It has been deeply dissected by erosion Little is known about the Texas cross-pollinated. This would benefit the that created islands of thin, loamy, golden gladecress’s seed bank as this species by potentially providing, or alkaline soils (pH 7–8), within the aspect of life history has not been maintaining, a higher level of genetic normally deep, sandy, acidic soils (pH researched. The species did reappear at diversity. 4–5) of the Pineywoods region. The two sites where it was believed lost due Distribution and Status glauconite layer of the Weches to habitat degradation. A population Formation is fairly impermeable to location, the Geneva Site in Sabine Texas golden gladecress is known water, producing saturated, thin upper County, was bulldozed in late March from eight locations (historic and soils in late fall through spring, that dry 1999, one week after flowering plants extant), including one introduced out and harden during summer months were counted; the site was subsequently population, all within a narrow zone (George 1987, pp. 2–4; Bezanson 2000 in described by the surveyor as ‘‘lost or that parallels SH 21 in San Augustine, Diggs et al. 2006, p. 56). Down-slope destroyed’’ (Turner 1999, pers. comm.). Sabine, and Nacogdoches Counties seepage across the Weches terraces may However, plants were found again at (Texas Natural Diversity Database also be important to maintain the this site in 2003, and continued to (TXNDD) 2012b). Table 1 (below) hydrology required by the gladecress emerge in succeeding years. At a second summarizes the location information for (Singhurst 2003, pers. comm.). The site in San Augustine County (Chapel Texas golden gladecress populations cyclic moisture regime and the Hill Site) a thick growth of the invasive, (taken from the TXNDD 2012b). Based alkalinity of the soils produce nonnative shrub, Rosa bracteata on known population locations, taken conditions unique to the Weches (Macartney rose) was removed in 1995. from the TXNDD element occurrence outcrops. Certain plants, such as the Post-brush removal, the Texas golden records from 1974–1988, the Weches Texas golden gladecress, have evolved gladecress reappeared after not having glades of San Augustine County appear to live within these specialized geologic been seen for the previous 10 years to be the center of the species’ formations (Mahler 1987, p. 240; George (Nemec 1996, p. 1). The species’ distribution; to date all but one of the and Nixon 1990, pp. 120–122). reappearance after these habitat naturally occurring populations were alterations suggests a persistent seed found in this area, with the other Biology bank, although there have been no naturally occurring population in The Texas golden gladecress occurs in formal studies to verify this hypothesis. Sabine County. One population was open, sunny, herbaceous-dominated Rare plants often have adaptations successfully introduced into plant communities in Weches glades, in such as early blooming, extended Nacogdoches County. All locations some areas that also support the white flowering, or mixed-mating systems that (historic and extant) occur primarily on bladderpod (Bridges 1988, pp. II–7, II– allow them to persist in small privately owned land, although the 35, and II–35 supplement). Unlike the populations (Brigham 2003, p. 61). The plants do extend onto the Texas white bladderpod, which can grow Texas golden gladecress is believed to Department of Transportation (TXDOT) throughout the glade, the gladecress is be self-compatible and able to self- right-of-way (ROW) at two sites: Geneva restricted to the outcrop rock faces fertilize (Rollins 1963, p. 19; Beck et al. Site and Caney Creek Glade Site 1.

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TABLE 1—LOCATION AND STATUS OF TEXAS GOLDEN GLADECRESS POPULATIONS

County Population designation Status Historic site description Land owner

San Augustine ...... Caney Creek Glade Site 1 ... Extant ...... By 2001, was less than 100 Private & State ROW. ft2 (9 m2). San Augustine ...... Chapel Hill (also known as Extant ...... Tract on which Texas golden Private. Tiger Creek). gladecress was found was less than 0.25 ac (0.1 ha). Sabine ...... Geneva ...... Extant ...... Size of site was ∼ 100 ft2 (9 Private & State ROW. m2). Nacogdoches ...... Simpson Farms (introduced Extant through 2009. Site Population ∼ 200 ft2 (18 m2) Private. population). was eradicated by pipeline in size. in 2011. San Augustine ...... Caney Creek Glade Site 7 ... Status unknown. Possibly Small population; locally Private. extant—not accessible in abundant in very small last 24 years. area. San Augustine ...... Caney Creek Glade Site 2 ... Site is now excavated pits .... Site was ∼ 3 ac (1.21 ha) ..... Private. San Augustine ...... Caney Creek Glade Site 6 ... Site is now excavated pits. Multiple tracts totaling ∼ 10 Private. Possibility that some habi- ac. Sites 6, 7, and 8 in dif- tat and plants remain on ferent areas on these adjacent, unquarried land. tracts. Site 6 was the larg- est known population (thousands of plants). San Augustine ...... Caney Creek Glade Site 8 ... Site lost to excavated pits .... Very small population on a Private. degraded outcrop.

Four Texas golden gladecress Augustine (TXNDD 2012b, Table 2 presents estimates for extant populations (Caney Creek Glade 1, unpaginated). In 1987, the Caney Creek Texas golden gladecress populations Chapel Hill, Geneva, and Simpson Glade Site 6 was described as having between 1999 and 2009 (Service 2010a, Farms) were present through 2009, the Texas golden gladecress plants ‘‘in the p. 4). The total number of plants seen last year that the plants were surveyed thousands’’ (TXNDD 2012b, in 2009 was 1,108. The largest and counted (Singhurst 2011a, pers. unpaginated). Access to these three population, consisting of 721 plants, comm.). In October 2011, Service and privately owned sites is prohibited; was at the introduced site in Texas Parks and Wildlife Department therefore, we cannot ascertain whether Nacogdoches County, a site that was lost (TPWD) biologists visited all four any plants or their habitat are still in 2011, when a pipeline route was known locations and found that the present on the peripheries of the mined constructed through it. This represents plants and habitat at the introduced site areas. a loss of 65 percent of the known plants. in Nacogdoches County (Simpson Farms) had been removed by a recent For Caney Creek Glade Site 7, the last After 2009, approximately 400 plants in pipeline installation. The habitat was TXNDD (2012b, unpaginated) element three populations were all that still intact at the other three locations in of occurrence record was from 1988, a remained of this species. The number of October 2011 (Cobb 2011, pers. comm.), time when the presence of Texas golden Texas golden gladecress plants and the presence of the plants gladecress was confirmed at the site. fluctuated widely from year to year, themselves was subsequently observed The site was visited by a forestry likely due to differences in precipitation at the three accessible sites in February consultant in 1996, who described the levels between years. The Texas golden 2012 (Singhurst 2012f, p. 1). glade as being intact at that time. This gladecress is dependent on fall and Three San Augustine County individual revisited the site in 2000, winter rain to saturate the sediment and occurrences (Caney Creek Glade Sites 2, and found invasive woody plants produce the seeps and pooling it 6, and 8) were believed extirpated, at encroaching into the glade (Walker requires, and drought conditions were least in large part, by construction of 2012, p. 4). There were no further site noted to have a significant negative glauconite mines (open pits) beginning visits due to lack of access to this effect on reproduction (Turner 2000, p. in the late 1990s. These occurrences privately owned tract. Satellite images 1) as seen in the drought years of 1999– may have been part of a much larger taken as recently as 2008 show this site 2000 (Texas Water Resources Institute glade complex, referred to as the Caney has not been altered by construction or 2011, unpaginated) when the Chapel Creek Glade Complex, that included the quarrying (mining), but the open glade Hill site decreased from 91 to 67 plants appearance at this site has changed to Caney Creek Glade Sites 1, 2, 6, 7, and and the Caney Creek Glade Site 1 8. These five occurrences were located one of dense growth of woody decreased from 490 to 96 plants (Service within an area extending out to 1.5 mi vegetation, so it is unknown whether 2010a, p. 5). (2.41 km) to the east of the town of San the plants still occur at the site.

TABLE 2—POPULATION ESTIMATES FOR TEXAS GOLDEN GLADECRESS AT MONITORED SITES

Caney Year Chapel Creek Geneva Simpson Hill Glade 1 Farms

1999 ...... 91 490 319 *NS 2000 ...... 67 96 NS NS 2001 ...... 96 520 NS 270

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TABLE 2—POPULATION ESTIMATES FOR TEXAS GOLDEN GLADECRESS AT MONITORED SITES—Continued

Caney Year Chapel Creek Geneva Simpson Hill Glade 1 Farms

2002 ...... NS NS NS NS 2003 ...... 42 NS 57 57 2004 ...... NS NS NS NS 2005 ...... 40–50 0 54 2,873 2006 ...... NS NS 200 NS 2007 ...... 200 NS 1,000 1,000 2008 ...... 9 NS 49 NS 2009 ...... 98 29 260 721 * NS—Not surveyed.

Singhurst (2011a, pers. comm.) most searches for the species were concluded that at least 8 viable (self- referred to the difficulty of trying to nearby to public road access. All known sustaining, ecologically functioning) determine population trends for the occurrences are on private property, as populations of Texas golden gladecress, Texas golden gladecress due to the lack is all remaining habitat, and surveys containing an average of 500 individual of comprehensive numbers for the cannot be conducted without landowner plants each, at least 1 out of every 5 species. He attributed this data gap to permission. Effective identification of years, was the target conservation goal variation in surveyors and their suitable habitat is needed to survey for for the species (TNC 2003, pp. 8, 12). techniques, the inability to see Texas new populations. Even in areas of golden gladecress plants under invasive potential Weches glades, as identified Neches River Rose-Mallow brush, lack of access to multiple sites, using Geographic Systems Information Taxonomy and Description and the fluctuation in plant numbers (GIS) data, including aerial, geologic, Hibiscus dasycalyx (Neches River associated with moisture conditions. and hydrologic data sources, the habitat rose-mallow) (Blake and Shiller) is a Nevertheless, despite these limitations, may not contain Texas golden nonwoody perennial (plant that grows it is evident that there are few remaining gladecress populations. Between 1999 year after year) in the Malvaceae populations and that the overall and 2003, The Nature Conservancy (mallow) family that grows 1.9–7.5 feet numbers of existing plants are (TNC) used these tools to identify 44 (ft) (0.6–2.3 meters (m)) tall (Correll and fluctuating. For example, a decrease in potential sites of Texas golden Johnston 1979, p. 1030). Leaves are plant numbers in 2009 (Singhurst 2009, gladecress and white bladderpod p. 1) was likely due to drought; occurrence in the San Augustine glades. alternate and simple, generally t-shaped however, following significant rains in The San Augustine glades were and deeply three-lobed with petioles late fall 2011 and early winter 2012, delineated by TNC as a subset of the (leaf stalks) 1.1–1.9 in (3–5 cm) long Singhurst (2012f, pers. comm.) noted Weches glades for purposes of (Correll and Johnston 1979, p. 1030). higher numbers of plants than the 2009 developing an area conservation plan. The Neches River rose-mallow generally counts at Geneva, Chapel Hill, and The San Augustine glades are located in produces a single creamy white (rarely Caney Creek Glade Site 1. north-central and northeastern San pink) flower at the base of the leaf stalks Most of the known populations, Augustine County. TNC was granted along the uppermost branches or stems historic and extant, were and are access to 14 of the 44 sites, but found (Blanchard 1976, pp. 27–28; Warnock restricted to small areas (see Table 1). little Weches glade habitat, and no new 1995, p. 2; Poole et al. 2007, pp. 264– For example, in San Augustine County, Texas golden gladecress or white 265). Because the plants are single to the Chapel Hill site is less than 0.2 acres bladderpod sites (Turner 2003, in multi-stemmed and each branch or stem (ac) (0.1 hectare (ha)) in size and lies Service 2010a, p. 3). can have numerous leaves, the total between a pasture fence and gravel road number of flowers per plant can number southwest of SH 21. The area of the Conservation in the hundreds (Poole 2013b, pers. plants at the Caney Creek Glade Site 1 The Texas golden gladecress was comm.). Flowering occurs between June is less than 100 feet squared (ft2) (9 included as a nested element within the and August (Poole et al. 2007, p. 265), meters squared (m2)) in size, on the side Coastal Plain Carbonate Glades sometimes into late October depending of Sunrise Road south of SH 21. In conservation element of the San on water availability during springtime Sabine County, the plants at the Geneva Augustine Glades Area Conservation inundations (Warnock 1995, p. 20; site occupy approximately 100 ft2 (9 m2) Plan developed by TNC of Texas in Center for Plant Conservation 2011). adjacent to, and west of, SH 21, south 2003 (TNC 2003, entire). This plan was Large and numerous stamens are of Geneva. The total area occupied by envisioned to provide guidance for the monodelphous, forming a tube that is the plants at the remaining three sites conservation and restoration of a united with the base of the petals (Klips covers less than 1.2 ac (0.5 ha). Area network of ecologically functional 1999, p. 270). sizes for Texas golden gladecress forests and glades along the Weches The Neches River rose-mallow was occurrences were taken from the Geological Formation in San Augustine first collected by Ivan Shiller on June TXNDD element of occurrence records. County. The plan was generated through 23, 1955, at the type locality at SH 94 Although no new populations of TNC’s structured conservation planning (also referred to as Apple Springs), Texas golden gladecress have been process, which relied on a science team Trinity County, Texas, and it was later found since the late 1980s, there is with expertise in east Texas flora and recognized it as a distinct species potential for more Texas golden habitats, including members from (Correll and Johnston 1979, pp. 1030– gladecress to exist across the Weches academia, botanical institutions, and 1031). Blake (1958, p. 277) determined glades region. Known populations all Federal and State agencies. The that the Neches River rose-mallow was occur close to roads, suggesting that conservation planning process different from the closely related

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Hibiscus laevis (halberdleaf rose- Geographically, these three species can pine-hardwood forests, longleaf pine mallow) by examining specimens from be found within similar habitats, but the (Pinus palustris), and loblolly pine the type locality. Gould (1975), Nixon halberdleaf and the crimsoneyed rose- forest (Pinus taeda) dominate the (1985), Hatch et al. (1990), Johnston mallows prefer areas near deeper water Pineywoods vegetation region (Telfair (1990), and Fryxell (all in Warnock and are found along edges of major 1983, p. 29; Diggs et al. 2006, p. 6). More 1995, pp. 1–2; Poole 2002, pers. comm.) rivers and streams (Blanchard 1976, pp. specifically, Neches River rose-mallow all recognized the Neches River rose- 10–14; Poole 2011b, pers. comm.), is found within seasonally flooded river mallow as a distinct species. compared with the Neches River rose- floodplains as described by Diggs et al. mallow, which is found in side Two similar-looking Hibiscus species, (2006), where the natural bottomlands channels and floodplains of major river occupy flat, broad portions of the H. laevis (halberdleaf rose-mallow) and drainages. Based on the best scientific H. moscheutos (crimsoneyed or wooly floodplains of major rivers and are and commercial data available on the seasonally inundated. Loamy to clayey rose-mallow) are wetland species species’ morphology, biology, and soils seasonally flood and host flood- documented in areas where the Neches habitat-specific needs, we conclude that tolerant species of Quercus sp. (oak), River rose-mallow occurs. All three of the Neches River rose-mallow is a valid Liquidambar styraciflua (sweetgum), these species have a similar general taxon. appearance, but can be separated based Ulmus americana (American elm), on a comparison of external Habitat Nyssa biflora (swamp tupelo), and Acer characteristics including leaf structure, The Neches River rose-mallow is rubrum (red maple) (Diggs et al. 2006, and degree of pubescence (fine hairs) on endemic to the relatively open habitat p. 103). Bottomland and floodplain the calyx, leaves, capsule (dry fruit), or (Kennedy and Poole 1990, p. 11) of the areas may be dominated by Q. lyrata seeds (Correll and Correll 1975, p. 1118; Pineywoods (or Timber belt) of east (overcup oak). Stands of shortleaf, Blanchard 1976, p. 5; Warnock 1995, p. Texas (Gould 1975, p. 1; Correll and longleaf, and loblolly pine are not 4). Similar to H. moscheutos, the Neches Johnston 1979, p. 1030), within occupied by the Neches River rose- River rose-mallow has a hairy calyx but Cherokee, Houston, Harrison, and mallow. The common native woody and with larger, spreading hairs rather than Trinity Counties, and has been herbaceous plant associates are listed in a covering of small, short hairs introduced into Nacogdoches and Table 3 (Warnock 1995, pp. 14–15; (Warnock 1995, pp. 2–3). Houston Counties. Shortleaf-loblolly Poole et. al 2007, pp. 264–265).

TABLE 3—NATIVE PLANT ASSOCIATES OF NECHES RIVER ROSE-MALLOW

Scientific name Common name

Native Woody Plant Associates

Carya aquatica ...... water hickory. Cephalanthus occidentalis ...... common buttonbush. Celtis laevigata var. laevigata ...... sugar berry. Fraxinus sp ...... ash. Quercus lyrata ...... overcup oak. Q. nigra ...... wateroak. Liquidambar styraciflua ...... sweetgum. Salix nigra ...... black willow.

Native Herbaceous Plant Associates

Boehmeria cylindrica ...... smallspike false nettle. Brunnichia ovata ...... buckwheat vine. Carex lupulina ...... common hop sedge. Chasmanthium sessilifolium ...... longleaf woodoats. Diodia virginiana ...... Virginia buttonweed. Eichhornia crassipes ...... water hyacinth. Heliotropium indicum ...... Indian heliotrope. Hibiscus moscheutos ...... crimsoneyed rose-mallow. H. moscheutos ...... wooly rose-mallow. H. laevis (= H. militaris) ...... halberdleaf rose-mallow. Hydrolea ovata ...... ovate false fiddleleaf. Hydrocotyle ranunculoides ...... floating pennywort. Juncus effusus ...... common rush. Ludwigia leptocarpa ...... anglestem primrose-willow. Nuphar lutea ...... yellow pond-lily. Phanopyrum gymnocarpon ...... Savannah-panicgrass. Panicum rigidulum ...... redtop panicgrass. Pluchea foetida ...... stinking camphorweed. Polygonum hydropiperoides ...... swamp smartweed. Pontederia cordata ...... pickerelweed. Rhynchospora corniculata ...... shortbristle horned beaksedge. Sesbania herbacea ...... bigpod sesbania. Scirpus cyperinus ...... woolgrass. Thalia dealbata ...... powdery alligator-flag. Trachelospermum difforme ...... climbing dogbane.

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Sites where the Neches River rose- monitoring of the Neches River rose- family. This species is known to deposit mallow has been found have been mallow along SH ROWs. The species eggs on both the vegetative and described as sloughs, oxbows, terraces, produced an average of 50 fruits per reproductive parts of mallow plants and sand bars. Sites are seasonally plant, but seed viability and (Spencer 1988, p. 421). Holes have been inundated or regularly flooded survivorship are not known (Poole eaten in floral parts of Neches River bottomlands (Diggs et al. 2006, p. 103) 2012a, pers. comm.). An open canopy is rose-mallow plants, suggesting that the that include low areas (Warnock 1995, typical within Neches River rose- scentless plant bug may be a pollinator p. 13) within the Neches, Sabine, and mallow habitat (Warnock 1995, pp. 11, as well as a consumer of the Neches Angelina River basins and Mud and 13), but plants also grow in partial sun River rose-mallow. Tantabogue Creek basins. Soils are (as is the case at SH 204). Sunlight is Natural fires occurred every 1 to 3 classified generically as hydric alluvials needed for blooming, as the blooming years in east Texas (Landers et al. 1990, (water-saturated soils) of the Inceptisol period may only last 1 day (Snow and p. 136; Landers 1991, p. 73) and or Entisol orders (Diggs et al. 2006, pp. Spira 1993, p. 160). controlled the overgrowth of longleaf 46, 79) and although generally water- Potential pollinators of the Neches and loblolly pine, as well as nonnative saturated, can often be surficially dry. River rose-mallow may include, but are species. In more recent history, humans The U.S. Department of Agriculture’s not limited to, the common bumblebee used fire to suppress overgrowth. Fire (USDA) Natural Resources Conservation (Bombus pensylvanicus), Hibiscus bee suppression allows for sweetgum, oaks, Service (NRCS) completed soils surveys (Ptilothrix bombiformis), moths, and the Carya sp. (hickories), Diospyros for all counties with known occurrences scentless plant bug Niesthrea virginiana (common persimmon), and of the Neches River rose-mallow, and louisianica (Klips 1995, p. 1471; Magnolia grandiflora (southern the associated soils are frequently Warnock 1995, p. 20; Warriner 2011, magnolia) to invade the natural pine flooded clay loams. Sites are both pers. comm.). Both Hibiscus laevis and forests (Daubenmire 1990, p. 341; perennial and intermittent wetlands H. moscheutos are pollinated by Gilliam and Platt 1999, p. 22), and with water levels between sites varying common bumblebees and the Hibiscus reduce the open canopy needed by the due to their proximity to water, amount bee (Snow and Spira 1993, p. 160; Klips Neches River rose-mallow. Lack of fire of rainfall, and floodwaters. Intermittent 1999, p. 270). The solitary Hibiscus bee increases the opportunity for nonnative wetlands are inundated during the prefers gently sloping or flat areas with species, such as Triadica sebifera winter months but become dry during sandy or sandy-loam soils for nesting (Chinese tallow), to invade these sites. the summer months (Warnock 1995, p. areas (Vaughan et al. 2007, pp. 25–26; 11). Warnock (1995) noted that seed Distribution and Status dispersal is likely by water, and Scott Black et al. 2009, p. 12), and female bees (1997, p. 5) also stated that seed will excavate nest cavities in elevated, The natural geographic range of the dispersal appears to be entirely water hard packed dirt roadways or levees Neches River rose-mallow is within dependent. While water-mediated seed near stands of Hibiscus (in this case H. Trinity, Houston, Harrison, and dispersal of the Neches River rose- palustris) and standing water (Rust Cherokee Counties, Texas, on SH ROWs mallow is highly likely, it is not known 1980, p. 427). Members of the genus and on private and Federal lands. that flowing water is required for Bombus (family Apidae) are social bees, However, the species has been downstream dispersal of rose-mallow predominantly found in temperate introduced outside of the known seeds. Rivers of east Texas tend to zones, nesting underground (Evans et al. geographic range in Nacogdoches overflow onto banks and floodplains 2008, p. 6) in sandy soils (Cane 1991, p. County on private land (Mill Creek). In (Diggs et al. 2006, p. 78), especially 407). Bumblebees nest in small cavities, addition, populations of Neches River during the rainy season, thereby often underground in abandoned rodent rose-mallow have been introduced dispersing seed. Research has not been nests, in grass (Black et al. 2009, p. 12), within their natural geographic range on done to identify methods of seed or in open, grassy habitat (Warriner Federal lands in Houston County. In dispersal upstream; however, avian 2012a, pers. comm.). Other total, there are 12 occurrences of Neches species may facilitate this process. aboveground-nesting bees that may River rose-mallow (see Table 4). potentially pollinate the Neches River However, only 11 of these are within the Biology rose-mallow may include carpenter, known geographic range and, as of The Neches River rose-mallow is a mason, and leaf cutter bees that nest in October 2011, are considered occupied perennial that dies back to the ground dead snags or twigs or standing dead by the Neches River rose-mallow. The every year and resprouts from the base; wood (Warriner 2012a, pers. comm.). Neches River rose-mallow plants within however, the plant still maintains Maximum foraging distances of solitary the SH 230 ROW have not been seen aboveground stems. Longevity of the and social bee species are 492 to 1,968 since 2002, and the site was considered species is unknown, but it may be long- ft (150 to 600 m) (Gathmann and extirpated. In 2011, Neches River rose- lived. Cross-pollination occurs Tscharntke 2002, p. 762) and 263 to mallow plants were not located at this (Blanchard 1976, p. 38) within the 5,413 ft (80 to 1,650 m) (Walther- site, but in 2012, a graduate student Neches River rose-mallow populations, Hellwig and Frankl 2000, p. 244), from Stephen F. Austin State University and the species has high reproductive respectively. The scentless plant bug is reported seeing the Neches River rose- potential (fecundity). The number of a member of the Rhopalidae family mallow along SH 230 in the ROW flowers and fruits per plant were found specifically in association with somewhere near the former site documented during the TPWD’s annual various members of the Malvaceae (Melinchuk 2012, p. 3).

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TABLE 4—POPULATION ESTIMATES FOR KNOWN NECHES RIVER ROSE-MALLOW OCCURRENCES

First and last Plant estimates Site County observation (or otherwise noted)

1. Compartment 55, Davy Crock- Houston ...... 2002–2003; 2011 750 in 2002; 500 in 2005; 1,000 in 2006; in 2007 and 2008, no ett National Forest (NF). changes from 2006; 750 in 2010; 100–200 plants in October 2011; 407 stems in October 2011. 2. Compartment 16, Davy Crock- Houston ...... 2000; 2011 450 in 2000; 115 in 2002; 78 stems in 2003; 40 in 2004; between ett NF (introduced). 20 and 40 in 2005; 50 in 2006; in 2007 and 2008, no changes from 2006; 90 in 2010; 43 stem clusters in 2011. 3. Compartment 11, Davy Crock- Houston ...... 2004; 2011 200 in 2004; 75 plants in 2005; 10 in 2006; in 2007 and 2008, no ett NF (introduced). changes from 2006; 7 in 2010; 10 stem clusters in 2011. 4. Compartment 20, Davy Crock- Houston ...... 2000; 2011 200–250 in 2000 (also reported that 350 plants introduced); several ett NF (introduced). hundred blossoms in 2001; 70 in summer and fall of 2002; 182 in 2002; 291 stems in 2003; 100 in 2005; 350 in 2006; in 2007 and 2008, no changes from 2006, but only 150 seed pods in 2007; 120 in 2010; 101 stem clusters in 2011. 5. SH 94 ROW-Boggy Slough ...... Trinity ...... 1955; 2011 100+ in 1968; 50 in 1986; 50 in 1987; 13 in 1988; 7–9 in 1991; 2–3 in 1992; maximum of 27 in 1993; 38 in 1994; 41 in 1995; 16 in 1996 (only a partial survey); 15–20 on private land in 1997; 13 in 1998; 49 in 1999; 17 along ROW and 300 observed on private land in 2000; 15 and 300+ on private land in 2001; 20 along ROW and fewer than 100 observed on private land in 2002; 3 in 2003; 20 and 0 on private land in 2005; none in 2007; 35 along powerline in 2010; 128 stem clusters along ROW in 2011. 6. SH 204 ROW-Mud Creek ...... Cherokee ...... 1992; 2011 1 in 1992 and 1993; 26 within 3 subpopulations in fall 1993; 1 in 1994–1996; 1 observed then an additional 75 in 1997 under bridge; 1 in 1998; 2 in 1999; 16 in 2000; 5 in 2001; none in 2002; 17 in 2003; none in 2004, 2005, 2008, 2009; 46 in 2010 in 4 sub- populations; 1 plant in one subpopulation in summer 2011; 20 stem clusters in 6 subpopulations in 2011. 7. SH 230 ROW ...... Houston ...... 1978; 2002 50 in 1991; 58 in 1993; 38 in 1994; 1 in 1995; 2 in 1996; 6 in 1997; 8–13 in 1998; 14 in 1999; 8 in 2000; 4 in 2001;12 in Sept. 2002; none in Oct. 2002, 2003, 2004, 2005, or 2011. Considered extripated. 8. Lovelady ...... Houston ...... 2011 50–70 in 1991; 7 in 1992; 58 in 1993; several hundred blossoms in 2001; 400 along ROW in 2002; 900 blossoms or seedpods in 2007; observed in 2008, but no estimates; 20 in 2010; 539 stem clusters in 2011. 9. Mill Creek Gardens (introduced) Nacogdoches ... 1995; 2011 96 in 1995; hundreds in October 2011. 10. Harrison Site ...... Harrison ...... Not observed after Herbarium specimen was recently confirmed again as H. dasycalyx, 1980 but site has not been observed since 1980. 11. Champion site ...... Trinity ...... 1996; 2001 Hundreds in 1997; 300–400 in 2001. 12. Camp Olympia ...... Trinity ...... 1977; 1978 No estimates. Searches occurred in 1992 and 1993, but no plants were observed.

Populations along SH ROWs include (NatureServe 2004, p. 6; Poole 2011c, p. pers. comm.; TXNDD 2012a, pp. 14–19). SH 94 in Trinity County, collected in 2). Therefore, in Table 4, they are The estimates of Neches River rose- 1955 (Blake 1958, p. 277); SH 204 in combined and represented as a single mallow displayed in Table 4 show wide Cherokee County, first observed in 1992; location. variations in plant numbers. Some of and SH 230 in Houston County, first Adjacent lands to the SH 230 ROW this variation is due to incomplete observed in 1978. The TPWD performed were purchased by the Texas Land counts at the sites; in other words, only annual SH ROW monitoring along SH Conservancy in 2004 (The Texas Land a portion of the population was 94 from 1993 thru 2001 (Poole, 2001, p. Conservancy 2011), an organization counted. Meaningful trends cannot be 1); along SH 204 from 1993 thru 2003 previously known as the Natural Areas derived from these population (Poole 2001, p. 1; TXNDD 2012a, pp. Preservation Association (NAPA). The estimates. 20–28); and along SH 230 from 1993 Neches River rose-mallow plants in this Although annual monitoring of the thru 2001 (Poole 2001, p. 1). These three site, referred to as Lovelady, are part of ROW sites was discontinued in the early ROW populations are separated from a population that included the Neches 2000s, TPWD visited all of the ROW one another and are considered distinct. River rose-mallow plants in the SH 230 sites in October 2011. In the past, along However, the Boggy Slough site consists ROW. The Neches River rose-mallow SH 204 ROW, several subpopulations of several scattered Neches River rose- plants within the SH 230 ROW have not existed along multiple portions of the mallow subpopulations that are located been observed since 2002, and the site ROW; however, several of these in close proximity to one another. Boggy is considered extirpated (TXNDD 2012a, Slough subpopulations and the SH 94 pp. 61–67). The Lovelady site was subpopulations were gone in 2011. The ROW population are separated by no recently surveyed in 2011, and although recent drought conditions have allowed more than 1.0 km (3,280 ft), and these 539 stem clusters were found, most surveyors to count Neches River rose- two sites likely constitute a single, were in notably poor condition, being mallow plants in parts of sites that were larger population, sharing pollinators much shorter in stature because of the not accessible in the past because the and exchanging genetic material drought and herbivory (Poole 2012b, sites were too wet. The increase in

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numbers of plants at some of the ROW suggesting the species’ extirpation from May 16, 2013 (78 FR 22506). We sites may be partially attributed to this. either threat, we presume that Neches received requests for a public hearing, The Davy Crockett NF, Houston River rose-mallow is extant at this site. which was held on May 1, 2013, in County, Texas, contains four extant Two additional populations occur on Nacogdoches, Texas. Newspaper notices sites, three introduced and one natural, private lands in Trinity County: the inviting public comment for this second of the Neches River rose-mallow. The Camp Olympia and Champion sites, comment period were published in the one natural population is found in discovered in 1977 and 1996, San Augustine Tribune and Cherokeean compartment 55 located west of the respectively. The current status of Herald in addition to the three papers Neches River. This site is considered the Neches River rose-mallow on the Camp listed above. We also contacted most robust of all known extant Olympia site is unknown. We consider appropriate Federal, State, and local populations (Poole 2011c, p. 3) and is this site to be extant because we have no agencies; scientific experts and almost entirely unaltered from its evidence that it has been extirpated. The organizations; and other interested originally observed state as a seasonally population on the Champion site was parties and invited them to comment on wet flatwood pond, with vegetation observed in 2001; plants were seen, but the proposed rule during these comment being distinctly zoned (TXNDD 2012a, no plant counts were done. periods. p. 29). The three introduced populations We received approximately 63 public are located in compartment 16, which Conservation comments. All substantive information was introduced with 450 plants (Davis We relied on Pavlik’s Minimum provided during both comment periods 2000, pers. comm.; McCormick 2002, p. Viable Population analysis tool (1996, has either been incorporated directly 1; Service 2000, p. 3); compartment 20 pp. 127–155) and species’ experts to into this final determination or is with 200–250 plants (Davis 2000, pers. determine the conservation goals of the addressed below. Comments addressed comm.; McCormick 2002, p. 2; Service species. Based on the best known and below are grouped into general issues 2000, p. 3); and compartment 11 with available scientific information on the specifically relating to the listing of about 200 plants (Nemec 2005, pers. species’ life-history and reproductive Texas golden gladecress and Neches comm.). The populations in characteristics, we concluded that the River rose-mallow. compartments 16 and 20 were conservation goals for the Neches River Peer Review introduced in 2000, while the rose-mallow include 10 viable population in compartment 11 was populations, each containing at least In accordance with our peer review introduced in 2004 (Service 2007, p. 6). 1,400 individual plants. The species is policy published on July 1, 1994 (59 FR All four of the Davy Crockett NF sites limited to the Neches, Sabine, and 34270), we solicited expert opinions were censused in October 2011, by the Angelina River basins and the Mud and from six knowledgeable individuals Service and TPWD, and all of the Tantabogue Creek basins with 11 extant with scientific expertise that included introduced sites on the Davy Crockett sites throughout this range. However, familiarity with the biology and ecology NF appear to have declined many of these sites were introduced and of the Texas golden gladecress and dramatically. are now compromised by threats from Neches River rose-mallow; the The four remaining Neches River feral hog damage, hydrological changes, geographic region in which these rose-mallow sites have had sporadic nonnative and native species species occur and characteristics of their monitoring or have not been visited in encroachment into habitat, construction habitats, including the unique geology; recent years. In 1995, Stephen F. Austin projects, and herbicide overspray. and land uses common to the region State University Mast Arboretum Future management actions that that may bear on the threats to both planted 96 Neches River rose-mallow ameliorate these threats could allow for species. We received responses from plants into a site at Mill Creek Gardens, the species to expand within its known four of the peer reviewers. Nacogdoches County (Scott 1997, pp. range. The extant populations are We reviewed all comments we 6–7). A conservation easement was generally small. The only site that has received from the peer reviewers for placed on this land, and now the site is come close to reaching the conservation substantive issues and new information managed by the Mast Arboretum. goals is on compartment 55 of the U.S. regarding listing of the Texas golden Neches River rose-mallow plants at this Forest Service (USFS); however, it still gladecress and Neches River rose- site were observed in 1997, 1998, 2001, only comprises 53 percent of the needed mallow. The peer reviewers generally 2009, and 2011 (Creech 2011a, pers. plants at this site (750 plants were seen agreed with portions of our assessment, comm.). The introduced plants appear in 2010). including the threats analysis, and most to be doing well; however, nonnatives of our conclusions, although they Summary of Comments and and native species are becoming more pointed out areas where additional Recommendations prevalent, and may compete with the research would refine our Neches River rose-mallow (Creech We requested written comments from understanding of the two species’ 2011c, pers. comm.). Another site in the public on the proposed listing for habitat requirements and range. The Harrison County, Texas, was last the Texas golden gladecress and Neches peer reviewers provided additional verified by a specimen collected in River rose-mallow during two comment information, clarifications, and 1980. The identification of this periods. The first comment period, suggestions for future research that specimen was identified as Neches associated with the publication of the would inform future surveys to refine River rose-mallow and later considered proposed rule (77 FR 55968), opened on the geographic range and that would Hibiscus laevis (Melinchuk 2012, p. 2). September 11, 2012, and closed on help with management and recovery Not until 2011, was it confirmed that November 13, 2012. Newspaper notices efforts. Peer reviewer comments are the specimen collected was the Neches inviting general public comment were addressed in the following summary River rose-mallow (Birnbaum 2011, published in the Houston County and incorporated into the final rule as pers. comm.; TXNDD 2012a, pp. 12–13). Courier, Nacogdoches Daily Sentinel, appropriate. Although, the Harrison County site has and Marshall News Messenger. We also not been visited since 1980, and drought requested comments on the proposed Peer Reviewer Comments and severe storms might have impacted listing during a comment period that (1) Comment: One peer reviewer this site but without a lack of evidence opened April 16, 2013, and closed on asked for clarification regarding the

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numbers of Texas golden gladecress scientific and commercial data available counties. The Service is required to use populations in State highway ROWs. as evaluated through our assessment of the best scientific and commercial data One location in the proposed rule the five listing factors set forth in the available at the time of listing. We relied referred three extant sites within State Act. We previously determined that the on all available information regarding highway ROW; however, another Texas golden gladecress and Neches the known occurrences of the Texas location refers to only two extant River rose-mallow warranted listing golden gladecress at the time of listing; populations within State ROWs. under the Act, making them candidate none of the known occurrences was Our Response: We recognize that the species. However, the listing of these reported from outside Sabine and San language in the proposed rule may be species was precluded by the necessity Augustine Counties (with the exception misleading or easily misconstrued to commit limited funds and staff to of the introduced population in because it implies that the three complete higher priority listing actions Nacogdoches County). Further analysis confirmed Texas golden gladecress for other species. The Texas golden of geological correlations with the Texas populations are all located in ROWs. We gladecress and Neches River rose- golden gladecress is an issue to be have changed the language in the mallow have been included in our addressed in recovery planning. referenced paragraph to reflect the fact annual candidate notices of review for Furthermore, as a federally listed that only two of the extant populations, multiple years. In our annual review of endangered species, the Texas golden Geneva and Caney Creek Glade Site 1, these species, scientific literature and gladecress will be afforded the occur in ROWs, which are both data have, and continue to, indicate that protections of the Act wherever found. managed by TXDOT. The third extant these species are impacted by ongoing (4) Comment: One peer reviewer population at Chapel Hill is located on threats. Any future conservation actions, pointed out that our assessment of the a small tract adjacent to a county road such as purchasing land from willing Weches Formation did not take into and is not considered to extend into any landowners, or land management efforts account the work of geologists. He type of road ROW. to ameliorate threats, will be evaluated suggested referencing the body of work (2) Comment: One peer reviewer as part of the recovery planning process. on the chemistry and mineralogy of the stated his opinion that that there is no (3) Comment: Two peer reviewers Weches by Ernest Ledger and students conservation land, fee simple or under discussed the geography of the Weches that document a wide variation in the easement, for either of these species. He Formation and wondered how it may attributes of the Weches across its range alluded to the land on which these influence the range of the Texas golden from San Augustine and Nacogdoches species’ habitats occur being some of the gladecress. One reviewer indicated that Counties, north over 100 miles (161 km) cheapest in east Texas and suggested it is a common misconception that the to Cass County. In his opinion, we need that it would be more cost effective to Weches Formation centers on to know about the variability of the purchase fee title or conservation Nacogdoches and San Augustine Weches Formation in terms of available easements of small tracts to conserve Counties. He pointed out that the calcium and long-term pH change to these species because creation of a Weches Formation also extends over identify more potential sites for the series of small protected sites would 100 miles (161 km) to the north into Texas golden gladecress. This reviewer work well for an endemic species. He Smith, Wood, Upshur, Marion, and Cass indicated that Ledger’s chemical indicated that the habitat areas in Counties in Texas, and even across into analyses of Weches constituent minerals question have very little commercial Miller County, Arkansas. A second shows hard data on the low-level value, with the Weches glades having reviewer described the Weches presence of nutrients in some locations. no value for forestry or agriculture. He formation as consisting of Eocene age Some of these may be suitable for acknowledged that the value of the deposits lying mostly in an east-west mining as soil additives in the future Weches Formation for glauconite band. This reviewer further pointed out when current sources like phosphate mining exceeds values for other uses a northeast to southwest trend in rock deposits are mined-out. Analyses and indicated his opinion that it would Cherokee County, Texas, proceeding of the chemical composition of the rock be appropriate to estimate the northeastward toward Tyler, Texas. should be considered when selecting commercial value of the glauconite Referencing the U.S. Department of potential conservation sites. He mined on a site and match this value. Agriculture’s soils surveys of Cherokee, suggested that a critical look at Ledger’s Our Response: We are in agreement Nacogdoches, Houston, San Augustine, work might show that unusual features with the first part of this comment about and Sabine Counties, the reviewer of the Weches Formation that promote the lack of conservation lands for the indicated that most acreage of Weches the occurrence of Texas golden Texas golden gladecress; however, this Outcrop may occur in Cherokee County. gladecress and associated glade plants is not true for the Neches River rose- The former reviewer indicated that he are limited to the southern end of the mallow. The Texas Land Conservancy was not aware of any systematic surveys Weches Formation. Similarly, this peer has fee title ownership of the land on of these widely dispersed outcrops for reviewer referred to the known which the Neches River rose-mallow’s the presence of the endemic glade variations in the Weches Formation and Lovelady population in Houston County plants. He recommended that some suggests that we need a better is located. The Texas Land Conservancy attention and resources be directed at understanding of the geology and soils bought this land specifically to conserve exploring the other Weches outcrops conditions underlying Texas golden the Neches River rose-mallow and that stretch north to Cass County and gladecress in order to plan for future manages the site accordingly. The suggested that any ruling by the Service surveys for the species. United States Forest Service (USFS) also or subsequent recovery plan for Texas Our Response: We recognize that has Neches River rose-mallow in several golden gladecress include provisions for variability of Weches outcrops does compartments, is aware of the species, surveying these areas. exist across the Weches Formation and manages those compartments to Our Response: The Service recognizes throughout the numerous counties avoid impacts. the extent of the Weches Formation listed above. We agree that a better Further, the Act requires us to reaches the above referenced counties. characterization of the geology and soils determine if the Texas golden gladecress However, the Service has not found or underlying known Texas golden and Neches River rose-mallow warrant received any data indicating that the gladecress populations could provide listing solely on the basis of the best species is present in these other useful information. However, there are

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likely other factors that characterize classified as ‘‘mollisols’’ or blackland imagery. As indicated in our proposed individual outcrop sites that may also soils and are developed under rule and this final rule, the population be important (for additional prolonged grassland habitat. This being referenced may still be present as information, see ‘‘Invasive Species’’ reviewer used the U.S. Department of of 2012, but from satellite imagery the under A. The Present or Threatened Agriculture’s soil surveys for Sabine, site appeared to be overgrown with Destruction, Modification, or San Augustine, Nacogdoches, and woody vegetation. Based on the habitat Curtailment of Its Habitat or Range of Houston Counties to estimate roughly at Caney Creek Glade Site 7 remaining this rule). Further, the Service must use 3,000 acres (1,214 ha) of this soil type intact (not excavated or built over), with the best available scientific and occurring in a four-county area. He the exception of woody overgrowth, we commercial data available at the time of indicated that these soils may underlie assume that Texas golden gladecress listing. Determining the chemical prairies (glades) and that Native plants still occupy this site. components of the geological formations Americans regularly burned these areas (8) Comment: One peer reviewer beneath known glade sites is not a either for protection from wildfires or relayed personal observations that feasible accomplishment within the enemies, or to entice game animals. accumulation of pine leaf litter and timeframe we have to publish our final Our Response: Although the reviewer eventual degradation of the material determination. This research would be does not specifically suggest that we supports the germination of pine seed. addressed in recovery planning. For add Chireno soils to the other soils This reviewer indicated that this likely purposes of the proposed rule and this known to support Texas golden happens because the leaf litter debris final rule to list the Texas golden gladecress habitat, this is how we have provides a small but steady increase of gladecress, we used the more general interpreted his comment. Based on the soil depth on the rocky, thin soil Weches Formation outcrops development of these blackland soils common in the Weches glades. descriptions, and we more specifically being dependent on long-term prairie Our Response: This comment relied on the geologic and soils cover, and the fact that other literature supports the data in our proposed rule information available from one known describes the Pineywoods glades as and this final rule to list the Texas Texas golden gladecress population site, being within prairies, or as part of a golden gladecress, which state that as well as from one white bladderpod combination of prairies and glades, planting of pine trees in close proximity site. Please see the ‘‘Habitat’’ section for information may indicate the potential to small glades may produce leaf litter the Texas golden gladecress in this final for Weches outcrops within this soil that can accumulate within a glade, rule for more information. series to support the herbaceous glades sometimes covering its surface and The commenter did not provide of which Texas golden gladecress may smothering smaller glade plants. As specific references for Ledger’s research. be a component. Mollisols, of which the noted by the reviewer, the accumulation However, we attempted to locate Chireno series is one, are soils of of pine leaf litter and the byproducts of research conducted by Ledger on this grassland ecosystems, characterized by a its decomposition would create and topic. We were able to locate some of thick, dark surface horizon that was enhance layers of organic material and Ledger’s research, and we incorporated developed under prolonged grassland create conditions favorable to natural this into this final rule under the habitat (Grunwald 2013, pp. 1–2). We pine seedling establishment. This would ‘‘Habitat’’ section for the Texas golden based the soil parameters for Texas alter the nature of the glades by gladecress. However, this information golden gladecress habitat on the soil eventually deepening soils within the did not modify our conclusions of our descriptions in the TXNDD’s element of glade, thereby allowing other plants, analysis of threats or determination that occurrence records, the thesis by Robert including woody plants that previously the species meets the definition of an George (George 1987, entire), and the did not occur in the short, herbaceous endangered species under the Act. U.S. Department of Agriculture’s soil plant community, to take over these (5) Comment: One peer reviewer survey layers underlying all known areas that formerly had too shallow and commented that the essential habitat Texas golden gladecress populations. poor soil to support shrubs and trees. component of Weches outcrops The known Texas golden gladecress This situation would also enhance underlying Texas golden gladecress occurrences are all found on shallow, invasion by other plants, including populations is the combination of thin gravelly soils or almost bare bedrock Macartney rose, that would benefit from soil over a calcium-rich parent material. overlying Trawick, Bub, or Nacogdoches additional soil. Not only would the In the Weches Formation, the calcium is soils, situations that would not support glade vegetation undergo succession to derived from a myriad of fossilized, dense stands of prairie grasses, at least shrubs and trees, but the glades would calcium-dominated oyster shells and in the portion of the outcrop where the also be altered by the shading and other marine life. Texas golden gladecress is growing. would hold moisture in the soil. All of Our Response: The peer reviewer’s Further investigation of the Chireno these conditions would impede the verbiage was added to the Texas golden series for the presence of Texas golden continued existence of the Texas golden gladecress’s ‘‘Habitat’’ description in gladecress would be addressed during gladecress by altering the competitive this final rule to further illustrate the the recovery process. advantage that this plant has in the derivation of calcium from marine (7) Comment: One peer reviewer glade environment. organisms that is true of the east Texas provided us with confirmation that the (9) Comment: One peer reviewer Weches Formation and which may be glade habitat at the Texas golden suggested evaluating a specific, different from habitat of other gladecress population site referred to as potential Texas golden gladecress site Leavenworthia species. Caney Creek Glade 7 was still intact as based on the presence of the Texas (6) Comment: One peer reviewer of spring 1996, when this reviewer golden gladecress’s known associated indicated that the developed soils that visited the site. However, on a second species. The site is located on the SH 21 occur near the Weches outcrops are visit in 2000, encroachment by weedy ROW, near the Sabine, Davy Crockett included in the Bub, Trawick, and woody species was prevalent at this NF compartment 76, adjacent to a Nacogdoches, or Chireno soil series. He site. glauconite quarry. described the Chireno soil series as Our Response: This comment affirms Our Response: From information unique because it is the only ‘‘blackland our 2012 evaluation of this site, as provided to us early in the proposed soil’’ in east Texas. Chireno soils are derived from analysis of satellite rule’s preparation stage, we were aware

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that flora and fauna surveys were done the occurrence of hybridization and its designated critical habitat, the on USFS lands in Sabine County in impacts on the population are responsible Federal agency must enter association with the debris cleanup necessary. The University of Texas– into consultation with the Service (see effort post-Hurricanes Rita and Ike. Tyler is researching the hybridization Available Conservation Measures in this These surveys, in conjunction with issue for Neches River rose-mallow and final rule for more discussion of this results of botanical surveys conducted its impacts on the population; however, process). If this project, or any other before this time, failed to document the the project is only in its infancy, and no project, has a Federal nexus and the Texas golden gladecress on any of these results have been determined. We do project may affect a federally listed USFS lands, although we do not know not consider hybridization a threat to species then the Federal action agency if lands outside of the USFS were the Neches River rose-mallow at this will need to consult with the Service. included in any of the surveys. time. We are publishing a final rule on the However, strategies for continued (12) Comment: One peer reviewer designation of critical habitat the Texas evaluation of potential but unconfirmed reported that in October 2012, she and golden gladecress and the Neches River new sites will be addressed during the a USFS botanist observed sedimentation rose-mallow under the Act elsewhere in recovery planning process. along ROW work on both sides of SH today’s Federal Register. (10) Comment: One peer reviewer 94. They anticipated that resurfacing (13) Comment: One peer reviewer suggested that mention be made of the and re-crowning work of the highway made several comments on invasive possibility for illuminating the will likely increase runoff to this site. species and provided the Service with evolutionary history of these species by The reviewer noted that, during road new information on the biology of genetic studies and that this would be improvement, TXDOT installs Chinese tallow. The reviewer’s recent useful in determining management temporary culverts to assure water flow observations in 2012, along with a USFS strategies. and exchange during construction. botanist, found Chinese tallow and Our Response: This is an issue that Another reviewer questioned whether Melia azedarach (Chinaberry) within may be addressed during recovery county and municipal governments, compartment 16, Davy Crockett NF. planning. who buy glauconite for road projects, Chinese tallow has invaded all known (11) Comment: A peer reviewer are required to demonstrate that Neches River rose-mallow sites, yet is provided additional literature to endangered species like white more prominent in SH 94 and consider in our analysis on the bladderpod are not being negatively compartment 16, Davy Crockett NF hybridization of the Neches River rose- impacted by their road-building sites. The reviewer provided a literature mallow. One was by Klips (1995) and activities. He further asked whether the citation, Gan et al. 2009. Additionally, the other by Mendoza (2004). These counties are receiving State or Federal the reviewer mentioned that coastal studies provide genetic insight of the funds to assist with road building. bermudagrass (Cynodon dactylon) is one relatedness between Neches River rose- Our Response: The Service is aware of of the most serious, nonnative, invasive mallow and two co-occurring species, the bridge replacement along SH 94, but species threats to the Neches River rose- Hibiscus moscheutos and H. laevis. Both as of 2011, the construction and mallow. researchers agree with the Service’s associated impacts of this project had Our Response: As described in the opinion that the Neches River rose- not progressed into Neches River rose- proposed rule, we agree with the peer mallow is a distinct species. These mallow habitats (Adams 2011c, pers. reviewer that nonnative species are a studies review the relatedness between comm.). Since the start of the SH 94 threat to the Neches River rose-mallow. the Neches River rose-mallow and other road expansion project, TXDOT has We incorporated the additional species; however, they do not employed the use of temporary culverts information and biological data on investigate hybridization. Another peer and orange construction fencing around tallow provided in Gan et al. 2009 into reviewer noted the potential Neches River rose-mallow sites and has the Summary of Factors Affecting the hybridization of the Neches River rose- restricted workers from these fenced-off Species section of this final rule. This mallow on compartment 20 in the Davy areas. Fenced-off areas encompassed far additional information did not modify Crockett NF, in October 2012. Plants more area than that habitat known to be our listing determination. appeared to be H. dasycalyx, but the occupied by the Neches River rose- At the time the proposed rule was calyx was lacking the hairy surface mallow (Adams 2013b, pers. comm.). In published, we were only aware of one typical of the species. The reviewer wetlands where sedimentation might location at Boggy Slough in Houston thought that the species was a potential continue despite the use of the above County where coastal bermudagrass was cross with H. laevis. management activities, silt curtains (or observed. However, new information Our Response: The Service has silt fence) placed in conjunction with was provided to the Service during a reviewed this new information and orange construction fencing have been public comment period. We are now incorporated it into the threats section installed (Adams 2013b, pers. comm.). aware of three additional sites where under ‘‘Hybridization’’ in this final rule. Currently, all avoidance measures are encroachment from coastal These studies pertain to the relatedness voluntary. bermudagrass was observed. These sites between the Neches River rose-mallow However, on the effective date of this included: The Texas Land Conservancy, and other species. They do not final rule (see DATES), the Neches River where it is common; SH 204 ROW, investigate hybridization of these rose-mallow will become a federally where it is abundant (Poole 2013a, pers. species. Although the genus Hibiscus threatened species under the Act. comm.); and the original site at the SH readily hybridizes within the nursery Section 7(a)(2) of the Act requires 94—Boggy Slough, where it is locally trade, hybridization between Neches Federal agencies to ensure that activities common in the interior of the unit River rose-mallow and another Hibiscus they authorize, fund, or carry out (that (Allen 2011a, pers. comm.). At the under natural conditions has not been is, projects with a Federal nexus) are not planted site on Boggy Slough, Neches verified. Drought conditions can alter likely to jeopardize the continued River rose-mallow was observed as the plants morphological or physical existence of the species or destroy or recently as August 2012. Although the characteristics including leaf size, adversely modify its critical habitat, if coastal bermudagrass has the potential structure, and overall plant height (Fair any is designated. If a Federal action to spread and grow quickly, and has 2009, p. 1). Further investigation into may affect a listed species or its been known to form monocultures along

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highway ROWs, the Neches River rose- (15) Comment: One peer reviewer (17) Comment: A peer reviewer mallow and coastal bermudagrass do noted that in spite of the fact that Sabine commented on the occurrence and use not necessarily grow naturally in the and San Augustine Counties have not of nonnative and potentially invasive same habitat. Coastal bermudagrass is seen major increases in human pasture grasses such as coastal not typically found within wetland population, there has been improvement bermudagrass, Paspalum notatum areas. Further, the Neches River rose- of services, such as communication (bahiagrass), and Lolium perenne mallow is a taller growing species, a lines, water lines, domestic gas lines, (perennial ryegrass), which are feature that prevents itself from being and power lines. These actions occur commonly used to re-vegetate many shaded out by coastal bermudagrass. primarily in ROWs, and some occur in road ROWs. These grasses are common Based on the above information, the areas that are situated in potential Texas on most ROWs and aggressively grow in Service does not consider coastal golden gladecress habitat. open, sunlit areas. bermudagrass a threat at this time. The Our Response: We acknowledge that Our Response: The Service recognizes TPWD concurs with the Service that the installation of new service lines the occurrence and use of nonnative and coastal bermudagrass is not considered (e.g., communication, water, domestic potentially invasive pasture grasses a threat at this time (Poole 2013a, pers. gas, and power lines) could potentially along ROWs, and that ROWs typically comm.). occur in more rural areas, and these become monoculture stands of these The nonnative species Chinaberry has activities typically occur in road ROWs, invasive species, thereby out-competing not been previously noted at any of the such as where the Texas golden natives. The Service has verified that sites, including the site mentioned by gladecress occurs. There are two known both coastal bermudagrass and the commenter, compartment 16 on the Texas golden gladecress sites that bahiagrass are included in mixtures Davy Crockett NF. The Service extend into road ROWs. When this rule used to re-seed ROWs (Adams 2013c, investigated this comment further, and is effective (see DATES), section 7 pers. comm.). There are two Texas Chinaberry was not mentioned in the consultation requirements and section 9 golden gladecress and three Neches TXNDD database information. Based on prohibitions under the Act will apply to River rose-mallow known populations this information the Service does not the Texas golden gladecress and Neches growing along ROWs, which could be consider Chinaberry a threat at this River rose-mallow. See our response to planted with nonnatives. We are not time. Comment 12 and Available aware of any Texas golden gladecress (14) Comment: A peer reviewer Conservation Measures for more sites where the Texas golden gladecress indicated that due to drought in 2011, discussion of this process. itself is being impacted by these grasses. the numbers of plants were a lot fewer Coastal bermudagrass has been observed (16) Comment: One peer reviewer than years previous in SH 94 ROW and on four Neches River rose-mallow sites pointed out an example of the flaws of compartment 55, Davy Crockett NF. On (see our response to Comment 13 for teaming these two species together can October 3, 2012, observers went to additional details). We investigated be seen in the statement in the proposed specific locations in these these nonnative species as potential compartments where plants were rule that says, ‘‘Prolonged or frequent threats and incorporated this known to occur, and none could be droughts can exacerbate habitat information into our analysis in the found. In 2013, rainfall has been about degradation for both species.’’ He Summary of Factors Affecting the average to date, but the reviewer indicated that a river-bottom dwelling Species section for the Texas golden concluded that effects were evident species like the Neches River rose- gladecress and Neches River rose- from previous drought. mallow might be negatively impacted mallow in this final rule. There is the Our Response: We agree that drought when drought allows other species to potential for such nonnative, invasive has caused impacts to said populations encroach. However, drought could species to impact the Neches River rose- and likely other populations. Drought positively impact Texas golden mallow, as well as the Texas golden conditions have reduced the number of gladecress as it might exclude woody gladecress, in the future if these grasses plants and have stunted overall Neches closure of glades. This reviewer noted out-compete native plants for soil River rose-mallow plant growth his personal observation of the drought nutrients, space, and light. However, (TXNDD 2012a, p. 8). We do not have of 2011 dramatically pushing back the these invasive species are not currently knowledge of how drought affects the edges of glades in the Weches and in a threat, and there are no data indicating Neches River rose-mallow on a larger tiny saline prairies. that these species will be a threat in the scale or how it impacts flowering or Our Response: We agree that the near future. seed production. However, it is possible droughty conditions of hot, dry (18) Comment: One peer reviewer that during drought conditions, floral summers are a part of the reason why provided new observations about characteristics that are normally easily Texas golden gladecress can remain damage to habitat due to feral hog recognizable could be reduced and competitive on the glades. However, activity. In October 2012, feral hogs had make identification of Neches River prolonged drought, especially when it broken and flattened plants in rose-mallow more difficult (Poole occurs in successive years, has resulted compartment 16, Davy Crockett NF. 2012b, pers. comm.). Since the Neches in Texas golden gladecress not Large groups of feral hogs were seen in River rose-mallow is a wetland species, appearing above ground in some years, two Neches River rose-mallow sites we understand that drought conditions and therefore not flowering or (compartment 55 and compartment 16, could continue to threaten the habitat as producing seed in those years. We do both in the Davy Crockett NF). Neches well as the reproductive capability since not know how many years of poor seed River rose-mallow habitat is only it is likely that seed dispersal is water- production, or no seed production at all, surficially dry and can be easily mediated. With the likelihood that will affect the survival of the disturbed by hogs, as made evident in seasonal or successive year-round population. Negative impacts of drought compartment 20, Davy Crockett NF. drought conditions will likely continue, on the Neches River rose-mallow are Our Response: The Service has ancillary threats from trampling and discussed in our response to Comment included this information in our herbivory may be exacerbated. Drought 14 as well in the Summary of Factors analysis of feral hog impacts on the is discussed in the Summary of Factors Affecting the Species section of this Neches River rose-mallow in the Affecting the Species in this final rule. final rule. Summary of Factors Affecting the

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Species section in this final rule. Based threats anticipated to occur in the near golden gladecress and the Neches River on this information, the Service future. The Service has identified rose-mallow. He indicated his opinion recognizes that feral hogs impact the quarrying Weches glauconite as a that a better understanding of these species and that feral hogs will likely current and future threat to the Texas factors would have bearing on future continue to impact the species in the golden gladecress. We know that several management considerations. near future. However, at this time, the Texas golden gladecress populations Our Response: It is possible that the severity of impacts to the species is low. have been lost in areas where glauconite past droughts have affected the The level of impacts from feral hogs quarries were developed (see the distribution of Neches River rose- does not change the determination to Summary of Factors Affecting the mallow and Texas golden gladecress in list the species as threatened versus Species sections of the proposed rule east Texas. For Neches River rose- endangered. and this final rule). We did not mallow, geographic barriers may have (19) Comment: One peer reviewer specifically identify animal feed arisen due to past drought events, commented on the impacts that beavers additive as a use for the Weches potentially limiting genetic exchange have had on one Neches River rose- glauconite in our proposed rule, but we between populations. Humans may have mallow site: Compartment 16, Davy have incorporated this information into contributed to further endemism of the Crockett NF. In general, water levels the Summary of Factors Affecting the species by altering habitat, which fluctuated due to beaver activity. It was Species section of this final rule. The functionally created barriers to dispersal observed that larger trees along the impact to the species from quarrying is and resulted in more isolation of water’s edge were damaged by beavers, the clearing and excavation of populations. However, we can only although it appears that water levels had vegetation and soil during development. postulate that these are the reasons for receded to the same level prior to the The specific uses of the Weches the endemism of the Neches River rose- beaver activity. glauconite are not relevant to the mallow to certain river systems, and Our Response: The Service is aware of impacts from quarrying. However, new more specifically to surficially dry beaver presence at compartment 16 of uses or an increase in current uses of habitats as compared to other east Texas the Davy Crockett NF. We acknowledge Weches glauconite may increase the Hibiscus species. Additional research is that beaver activity (i.e., dams) could demand of this resource and therefore needed to assess the validity of this have impacted this Neches River rose- increase the amount of quarrying hypothesis. mallow site. However, with seasonally activities (that is, ground disturbance). With regard to the Texas golden fluctuating water levels and no However, the Service does not have gladecress, the Weches outcrops estimates on plant abundance before information that either of these are generally occur in small, isolated or and after beaver activity, it is unclear occurring. segmented strips (George 1987, p. 4; how or if beaver activity was a factor in Section 7 of the Act requires Federal George and Nixon 1990, p. 118), making the size of the Neches River rose-mallow action agencies to consult with the the habitat, in essence, small islands population. We are uncertain if there Service to ensure their action do not separated from one another by was a correlation between the damage jeopardize the continued existence of dissimilar habitat. The current done to this site and the changes in the species. However, there are limited patchiness and separation of the Texas water flow and the site hydrology, and or no Federal nexuses for glauconite golden gladecress population sites may whether this had a positive or negative quarry projects. Entities implementing be, at least in part, due to past droughts, impact on the species. No other sites projects that could impact the Texas but may also be a result of the habitat have been impacted by beaver activity. golden gladecress could play a being fragmented by land conversions or We do not consider the effects of beaver significant role in the conservation of lost to succession by woody species. damming to be a threat to the Neches the species by voluntarily working with Because we lack information on seed River rose-mallow. the Service, the State, or conservation dispersal of Texas golden gladecress, we (20) Comment: One peer reviewer groups to construct their projects in do not know how the species spread agreed with the use of Weches such a way as to avoid or minimize historically or how it came to be glauconite as road base material being a impacts to the species. Site selection of distributed where it is. Therefore, we do threat. He indicated his belief that it quarries outside of endemic plant not know if the isolation of the should be possible to locate Weches communities containing Texas golden populations is due to vicariance mines where conditions are not suitable gladecress could be a measure to avoid (populations on outcrops that are for the glade community and reiterated or minimize impacts to the species. geographically separated by that the Weches is a highly variable rock Additional research of the habitat surrounding forest) or due to a lack of formation. This peer reviewer provided requirements of the Texas golden dispersal to new habitats or between new information about other uses for gladecress, particularly the surface soils population sites. Genetic evidence may Weches glauconite, including animal and subsurface composition of the help to clarify the relatedness or lack feed additives, that were not addressed bedrock, may help in determining thereof between the remaining extant in the proposed rule. This reviewer whether there are particular outcrops populations, but that may be undertaken expressed his opinion that it is also that should be protected for Texas as part of the recovery process. possible that in a few decades the golden gladecress versus ones that will (22) Comment: One peer reviewer shortage of mineral phosphate rock never support the species and would commented that the presence of a might make some of the deposits viable therefore not be problematic if selected currently listed endangered species, for agriculture use. He referred to for a quarry. This is an issue that may white bladderpod, confers some information from Dr. Ernest Ledger be addressed during recovery planning. protection for other Weches glade plants (geologist) regarding instances where (21) Comment: One peer reviewer at sites where it occurs. rare earth elements are being mined in suggested using genetic evidence to Our Response: There are two Texas the Weches or Reklaw Formations. evaluate how past climate changes, golden gladecress sites where white Our Response: In analyzing threats to particularly drought, as well as bladderpod is also found: Chapel Hill a species, the Service uses the best dispersal mechanisms and barriers to and Caney Creek Glade Site 1. scientific and commercial data available dispersal, may have affected the Additionally, both species were known to analyze the current threats and distribution and endemism of the Texas to co-occur at historical Caney Creek

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Glade Site 6, but they were eliminated and analysis. Peer reviewers were occurrence records for both species, by construction of a quarry. The entirety generally in agreement with the published journal articles, newspaper of the Chapel Hill site is privately conclusions from our threats analysis and magazine articles, status reports owned, with all Texas golden gladecress that habitat modification and contracted by the Service and TPWD, plants growing strictly on private land. destruction due to human activities, as reports from site visits, and telephone This situation is also true for most of the well as woody encroachment into and electronic mail conversations with Texas golden gladecress plants at the Weches glades, likely adversely affects knowledgeable individuals. We also Caney Creek Glade Site 1, although a the Texas golden gladecress. The used satellite and aerial imagery to limited number of individuals extend reviewers enhanced our understanding ascertain changes in land cover and into the adjacent TXDOT-managed of some threats by providing personal land use at historical population sites ROW. Although there are not formal observations of habitat conditions at and to determine whether changes in legal protections for listed plants on some population sites of both species. A land cover and land use at historical private land, if a project takes place on peer reviewer brought the ongoing populations sites and to determine that privately owned property that is installation of utility service whether the presence of primary carried out, permitted, or funded by a improvements with potential to impact constituent elements for each species Federal agency, a Federal nexus is Texas golden gladecress in portions of were still in place. Additionally, we established for that project, and that its range to our attention. Peer reviewers used the results of population Federal action agency is responsible for also agreed that drought negatively monitoring from site visits to look at section 7 consultation with the Service affects the Neches River rose-mallow, abundance, and if enough information to avoid jeopardizing the species or and they provided new, detailed was available, to get an idea of trends in adversely modifying any designated information on the types of invasive the populations. In October 2011, we critical habitat. For the plants in the plants that most seem to constitute a also made field trips to known sites ROW at Caney Creek Glade Site 1, threat to the species, as well as the where we were granted access, to verify TXDOT will provide protections for the extent of the invasion by these plants land uses and contribute to the veracity species per State regulations or through into Neches River rose-mallow of our threats analysis. In March 2012, consultation with the Service. population sites. In addition, they we helped to organize and carry out a workshop and field tour of Texas golden Comments From States furnished information about the presence of feral hogs at specific Neches gladecress sites for purposes of assisting Section 4(i) of the Act states, ‘‘the River rose-mallow population locations, landowners and agricultural agencies to Secretary shall submit to the State as well as observations of sedimentation become familiar with the species and its agency a written justification for his from a highway construction project habitat. We also revisited accessible failure to adopt regulations consistent into one Neches River rose-mallow site. Texas golden gladecress sites at that with the agency’s comments or One peer reviewer indicated his time. In August 2012, we attended a petition.’’ Comments received from the agreement that the Neches River rose- Neches River rose-mallow workshop State agencies and government officials mallow lacks protective mechanisms and field tour conducted by TPWD and regarding the proposal to list the Texas other than U.S. Army Corps of revisited Neches River rose-mallow golden gladecress and Neches River Engineers (USACE) permits. One peer population sites. We used the best rose-mallow are addressed below. scientific and commercial information (23) Comment: These species have not reviewer expressed his opinion that we needed more pertinent geological available in assessing population status, been fully studied. There are significant recognizing the limitations of some of concerns with the quality of data and information on the outcrops across a larger geographic area than just the information. analysis the Service used for its (24) Comment: There is no conclusive Nacogdoches, San Augustine, and determination. The proposal is based indication that glauconite quarrying, oil Sabine Counties. He also suggested largely on inconclusive reports and vast and gas activities, invasive species, or chemical analysis of the outcrops speculation about operations thought to pine tree plantings threaten Texas known to support the Texas golden affect habitats, existing regulatory golden gladecress. mechanisms, conservation efforts, gladecress so as to better understand Our Response: As stated in the species populations and potential their unique qualities in order to use proposed rule and this final rule, three threats that fail to provide any sound that information to seek out additional historical populations of Texas golden scientific foundation on which to justify sites to survey for heretofore gladecress were documented from sites the listing of these species. undiscovered populations or to carry where glauconite quarries are now Our Response: It is often the case that out recovery actions. located. The sole introduced Texas biological information may be lacking We also solicited information from golden gladecress population, in for rare species; however, the Act the general public, nongovernmental Nacogdoches County, was extirpated by requires the Service to make conservation organizations, State and construction of a pipeline as recently as determinations based on the best Federal agencies that are familiar with 2011. The Weches glades are scientific and commercial data available the species and their habitats in east documented to be overgrown with after conducting a review of the status Texas, academic institutions, and invasive, native and nonnative plants. of the species and after taking into groups and individuals that might have The potential for negative effects from account those efforts, if any, being made information that would contribute to an pine trees, planted in such close to protect such species. We are also update of our knowledge of the Texas proximity to glades that shading and required to make our listing golden gladecress and the Neches River leaf litter accumulations adversely affect determinations based on the five threat rose-mallow, as well as the activities the glades, was pointed out to us by factors, singly or in combination, as set and natural processes that might be several respondents during the forth in section 4(a)(1) of the Act. contributing to the decline of either comment periods on the proposed rule, We sought comments from species. We used information garnered as well as one of our peer reviewers independent peer reviewers to ensure from this solicitation in addition to based on their personal observations that our designation is based on information in the files of the Service, (see the Summary of Factors Affecting scientifically sound data, assumptions, TPWD, TXNDD’s elements of the Species section of this final rule).

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(25) Comment: There is no conclusive requires high precipitation and flowing announced the opening of the public indication that the invasion by other water or flood events to disperse seed comment period on the proposed rule in species, development and construction (Warnock 1995, p. 20; Scott 1997, p. 8; Nacogdoches, Houston, and Harrison projects, herbicide use, or herbivory Reeves 2008, p. 3), and although the Counties via newspaper public notices pose a risk of loss or degradation to the Neches River rose-mallow is adapted to on September 19 and 20, 2012. Within Neches River rose-mallow. persisting during dry portions of the 14 days post-publication of the Our Response: A thorough analysis of year, a complete lack of water can proposed rule in the Federal Register, the impacts of nonnative and native diminish seed production, range the Service mailed 164 letters to species encroachment, TXDOT roadway expansion, and genetic exchange. recipients that included both U.S. construction and maintenance projects, (27) Comment: The Texas golden senators; the U.S. representative from herbicide use, and herbivory were gladecress is already adequately east Texas; two State senators and three discussed in the proposed rule and in protected by co-existing with the State representatives for the districts in this final rule. All populations of the federally listed white bladderpod and question; and the county judges and all Neches River rose-mallow have been collaborations between the Service and four commissioners from each of the encroached upon by Chinese tallow. several partners. following counties: Sabine, San This invasive species is fast-growing Our Response: White bladderpod is Augustine, Nacogdoches, Houston, and, once established in a habitat, is found at two of the remaining known Cherokee, and Trinity. We also notified, highly destructive, choking out native Texs golden gladecress population sites via letter, State officials including the species. Development and construction (see our response to Comment 22). Both Texas Governor, State Comptroller, projects will likely continue to be a sites are privately owned with the Texas General Land Office (TGLO) threat to the species. Herbicides are a exception of the Texas golden Commissioner, and Executive Directors threat that could impact 7 of 11 (64 gladecress plants that extend onto the of Texas Parks and Wildlife Department percent) Neches River rose-mallow Sunrise Road ROW at Caney Creek (TPWD) and Texas Department of populations. We do not consider Glade Site 1; therefore, absent a Federal Transportation (TXDOT). Letters were herbivory to be a threat to the Neches nexus, no legal protections are afforded also sent to staff of interested or affected River rose-mallow at this time. See the to either species under the Act. The agencies (TPWD, Texas Council of Summary of Factors Affecting the Chapel Hill landowner does mow or Environmental Quality, TXDOT, Texas Species section of this final rule for our bush-hog at least once per year to try to Railroad Commission, Texas General complete evaluation. keep woody plants from overrunning Land Office, Texas Forestry Service, (26) Comment: The best available this small tract, but this action is strictly Texas Department of Agriculture, U.S. information stated that the Texas golden voluntary on his part and not assured Department of Agriculture’s Natural gladecress and the Neches River rose- into the future. Resources Conservation Service, mallow are resilient species. (28) Comment: The mechanisms and USACE), universities, conservation Our Response: Based on our review of plans provided by the Davy Crockett organizations and other the best available scientific and NF, the TXDOT, groundwater commercial data, we concluded that the management areas and conservation nongovernmental organizations, and Texas golden gladecress exhibits low to districts, federally protected wetlands, representatives of the following moderate resiliency. Although the and a number of private initiatives and industries: Glauconite quarries, oil and species has persisted at several sites in agreements all serve to adequately gas exploration and production, timber the face of bulldozing, drought, and protect the Neches River rose-mallow production, and forestry services. In invasion by woody species, likely due to species. addition, we sent letters to some its persistent seed bank, and has also Our Response: We agree that the landowners, including private stayed in existence in small sites with Neches River rose-mallow does benefit individuals, USFS, and TXDOT. small numbers of individuals, perhaps from some protections on USFS and More specifically with regard to due to self-fertilization, it has shown no TXDOT lands. As of the effective date landowners, in September 2011, resiliency to impacts such as of this rule (see DATES), the Neches approximately 1 year prior to excavations (e.g., quarrying) and River rose-mallow is a federally listed publication of the proposed rule, we pipelines. For more information, see the threatened species. Further, we are sent letters to 107 entities, including Determination section of this rule. In the publishing a final rule on designation of representatives of many of the agencies case for the Neches River rose-mallow, critical habitat for the Texas golden or organizations listed above, informing the best available scientific information gladecress and the Neches River rose- the recipients of our need to gather and indicates that, while reductions in the mallow under the Act elsewhere in analyze the best available information species’ range have not occurred, there today’s Federal Register. Therefore, if a for our use in developing a proposed have been significant impacts from Federal nexus exists for a project, rule to list and designate critical habitat habitat modification and loss that have projects within the species’ range or for both species. We then added any caused reductions in most, if not all, of within designated critical habitat units landowner contacts that were given to the known Neches River rose-mallow must avoid jeopardizing the species or us to our notification list. For some populations. The Neches River rose- adversely modifying its designated sites, landownership was clarified in mallow is adapted to highly variable critical habitat. file records or through communications rates of water flow, including seasonal (29) Comment: Local elected officials with representatives of other high and low flows, and occasional were not notified of the proposed organizations. Furthermore, for the floods and droughts. However, as the designation during the public comment Texas golden gladecress, we partnered habitat is so water-dependent, threats period. It is crucial that the Service with TPWD in March 2012, to host a that could adversely modify its habitat, contacts potentially impacted private Weches Glades workshop and field tour including invasion from nonnative and landowners, local elected officials and in San Augustine, to which we invited native woody vegetation, hydrological leaders, and industry in these counties. four private landowners (two with changes, herbicide, trampling, and Our Response: We made substantial Texas golden gladecress and two with drought, can have huge impacts. The efforts to notify the public and white bladderpod populations on their Neches River rose-mallow likely interested parties, as described here. We property). As preparation for the field

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tour, permission to access sites was concerned that projects with a Federal reported seeing Neches River rose- obtained from these four landowners. component could be delayed or mallows within the ROW somewhere The purpose of the workshop and field cancelled in the listed counties. They near the former site (Baker 2012, pers. tour was to acquaint landowners, and also indicated concern that listing could comm., in Melinchuk 2012, p. 3). This agency representatives that work with impact ground water management, observation needs to be verified. private landowners, with the glade and reservoir construction, road and bridge Our Response: We visited the site outcrop habitats, rare plants, and the projects, and agriculture operations in along SH 230 in Houston County in listing process and implications, Cherokee, Harrison, Houston, 2011, and did not find any Neches River particularly as it applies to plants. In Nacogdoches, and Trinity Counties. rose-mallow plants. This site was addition to these landowners, 24 other Our Response: Under section considered extirpated due to herbicide individuals were invited to the 4(b)(1)(A) of the Act, we must base a overspray along the ROW. However, workshop, including two San Augustine listing decision solely on the best based on this comment, the population County commissioners; the Mayor of scientific and commercial data could still be present. Another San Augustine; the Chairman of the available. The legislative history of this commenter provided information local Soil and Water Conservation provision clearly states the intent of regarding reintroduced populations near District; and individuals from the Congress to ensure that listing decisions the cities of Douglass and Chireno, and Natural Resources Conservation Service, are ‘‘. . . based solely on biological at the Pineywoods Native Plant Center, Texas Forest Service, a private forestry criteria and to prevent non-biological all in Nacogdoches County. These services company, and a mining criteria from affecting such decisions populations need to be verified as company. Of the 28 invitees, 17 . . . ’’. Therefore, we did not consider Neches River rose-mallow and not a attended the workshop and field tour. the economic impacts of listing these hybrid variety. As additional outreach to Neches species. See our response to Comment (32) Comment: The Neches River rose- River rose-mallow landowners, land 12. mallow and the other two co-occurring managers, and agencies that work with With respect to effects of listing on Hibiscus species are wetland rather than them, TPWD organized a workshop and highway construction and maintenance, aquatic plants. They do not grow in 2-day field trip in August 2012. The TXDOT has formally consulted with the permanently standing water. They grow workshop also furnished an opportunity Service only once for the white near permanent or ephemeral water to explain the listing process and its bladderpod in the 26 years that the bodies, and the sites are occasionally applicability for plants. A pre-field trip plant has been listed. This formal flooded. For most of their life cycle they workshop allowed information to be consultation took place in 2009, for a grow on saturated soils that can become presented to 45 attendees that included highway safety improvement project on surficially dry. The proposed rule (77 the Texas Land Conservancy (owner of approximately 10 miles (16.1 km) of SH FR 55973) states that the Neches River the Neches River rose-mallow Lovelady 21. The consultation resulted in slight rose-mallow prefers deeper water; it site) and TXDOT (owner of the ROW modifications to TXDOT’s original plan would be more correct to say that the sites along SHs 204 and 94). for a 4-ft (1.2-m) widening of the plants prefer areas near deeper water. On April 16, 2013, the day of Federal shoulder, instead widening it to 3 ft (0.9 Our Response: In our proposed rule at Register publication of the document m) for a short distance around a white 77 FR 55973, we state, ‘‘Geographically, making available the draft economic bladderpod population. The Service and these three species [the halberdleaf, analysis and reopening the comment TXDOT agreed to creation of a ‘‘No crimsoneyed, and Neches River rose- period for the proposal to list the plants Work Area’’ around the white mallows] can be found within similar and designate critical habitat, we bladderpod during construction phases habitats, but the halberdleaf and the emailed letters to 157 people including to protect the plant from foot and crimsoneyed rose-mallows prefer deeper representatives of agriculture, timber, vehicle traffic and to prevent any water and are found along edges of oil and gas, and mining industries; local staging of equipment or materials. major rivers and streams (Blanchard elected officials from the counties in Provisions were made for TXDOT to 1976, pp. 10–14; Poole 2011b, pers. question; agency staff that work with continue maintenance (mowing) within comm.), compared with the [Neches landowners; and those landowners for the No Work Area post-project during River] rose-mallow, which is found in whom we had email addresses. Within the plant’s dormant season (July 1 to side channels and floodplains of major 2 days of publication in the Federal August 31). The TXDOT also agreed to river drainages.’’ Register, we also sent 208 letters by enhance habitat by hydroaxing invading Neches River rose-mallow is an mail to State and local elected officials woody vegetation at three white endemic east Texas wetland species, (including all county judges and bladderpod sites on private land as occupying relatively open habitat. Soils commissioners); industry compensation for loss of one or more are of the Inceptisol or Entisol orders representatives; scholars; conservation plants that could not be avoided. These (Diggs et al.2006, pp. 46, 79) and, organizations; State, Federal, and local are the types of recommendations that although generally water-saturated, can agencies; and all individual landowners are anticipated in the few situations often be surficially dry. Geographically, who had been identified through the where Texas golden gladecress occurs in the Neches River rose-mallow and the past 2 years since our initial information State-maintained ROWs. The TXDOT two other co-occurring Hibiscus species solicitation in September 2011. has indicated that they do not have can be found within similar habitats; (30) Comment: Multiple State entities major highway construction projects however, the Neches River rose-mallow expressed concerns that these listings planned anywhere near the critical prefers areas near deeper water, whereas will hamper economic development. habitat within the next 20 years, so we the halberdleaf and crimsoneyed rose- They indicated their belief that listing do not anticipate delays of highway mallows are found along edges of major could impact agriculture and timber construction projects. rivers and streams (Blanchard 1976, pp. planting operations; oil and gas (31) Comment: Although Neches 10–14; Poole 2011b, pers. comm.). operations; and highway construction River rose-mallow is considered (33) Comment: The general habitat for and maintenance projects in extirpated in the SH 230 ROW, in 2012, the Neches River rose-mallow is more Nacogdoches, Sabine, and San Laura Baker, a graduate student at similar to seasonally flooded river Augustine Counties. They were Stephen F. Austin State University, floodplains (Diggs et al. 2006, pp. 103–

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104) rather than the short-leaf or Crockett NF compartments 16 and 11 do to the plants. Neches River rose- loblolly pine-hardwood forest, longleaf not appear viable. mallows do not occur in permanently pine, or loblolly pine forest (77 FR Our Response: The Act requires us to standing water, although they may grow 55973). determine if the Texas golden gladecress adjacent to such sites. Their habitat is Our Response: As stated in the and Neches River rose-mallow warrant only flooded infrequently. For most of proposed rule, Gould (1975, p. 10) and listing based on our assessment of the the year, it is surficially dry and easily Correll and Johnston (1979, p. 1030) five listing factors described in the Act disturbed by feral hogs. The commenter described the generic vegetation using the best scientific and commercial also noted feral hog damage of Neches community of the Neches River rose- data available at the time we conduct a River rose-mallow (breaking and mallow as the Pineywoods of east review of the species. As part of our flattening) at the introduction site in Texas. Diggs et al. (2006, pp. 2–3) also assessment, we evaluate whether a compartment 20 on the Davy Crockett describes the generic geographic area as threat(s) is causing declines in numbers NF (TXNDD 2012a). the Pineywoods; however, this was not of individual plants in all populations Our Response: National Wetland mentioned in the proposed rule. More or in specific population sites. However, Inventory (NWI) maps were used to specifically, Neches River rose-mallow a population’s viability in and of itself, verify habitat at each Neches River rose- habitat within the Pineywoods is more if not influenced by specific threats, is mallow site. Compartment 20 was accurately classified by Diggs et al. not a factor considered in our described on the NWI map as (2006, pp. 103–104) as ‘‘seasonally evaluation. permanently or temporarily flooded flooded river floodplains.’’ Natural (36) Comment: One commenter noted habitat. The Service recognizes that bottomlands occupy the flat, broad that several of the population estimates Neches River rose-mallow prefers areas portions of the floodplains of major throughout the proposed rule were not located near deeper water, generally rivers and are seasonally inundated accurate or consistent. Information with temporary not permanent standing with loamy to clayey seasonally flood pertaining to sites 2, 3, 6, 7, and 8 in water. The long-term impact on the and host flood-tolerant species of oak, Table 4 of the proposed rule needs to be Neches River rose-mallow from feral sweetgum, elm, swamp tupelo, and red changed. Site 2 states 78 plants were hog damage is unknown. Feral hog maple (Diggs et al. 2006, p. 103). Stands counted in 2003, but this should read presence has been limited to five stems. Site 3 states that 200–250 Neches of shortleaf, longleaf, and loblolly pine Neches River rose-mallow sites with River rose-mallow plants were are not occupied by the Neches River minimal damage to habitat. The Service introduced on compartment 20 of the rose-mallow. considers feral hogs a present threat and Davy Crockett NF in 2000; however, the one that will likely continue into the (34) Comment: The proposed rule critical habitat section (Critical Habitat near future. However, at this time, the states that flowing water is required for Unit 7) states that 350–400 plants were severity of impacts to the species is low. seed dispersal downstream (77 FR introduced in 2000. The actual number This threat does not change the 55974, 55988). However, research introduced is important in evaluating determination to list the species as suggests this process has not entirely the success of the reintroduction. Site 8 threatened versus endangered. See also been investigated. Warnock (1995) notes states several hundred plants were our response to Comment 18. that seed dispersal of Neches River rose- counted in 2001, but this should read (39) Comment: The listing proposal mallow is probably by water, Scott several hundred flowers. Site 7, the SH states that no genetic studies have been (1997, p. 5) stated that seed dispersal 204 ROW site, has had as many as 75 conducted on the Neches River rose- appears to be entirely water dependent, individuals, not a maximum number of mallow; however, there have been two and Reeves (2008) discusses the seven plants. such studies by Klips in 1995 and dispersal of Hibiscus moscheutos Our Response: The language in Table Mendoza in 2004. Neither study looked (including lasiocarpos). The commenter 4 pertaining to site 2 (compartment 16 at genetic drift, inbreeding, or the states that although water-mediated of the Davy Crockett NF) has been possible threat from hybridization. It seed dispersal of the Neches River rose- updated. Site 2 (compartment 16) and seems premature to conclude that small mallow is highly likely, it is not known Site 4 (compartment 20) were planted in population size and hybridization are that flowing water is required for seed 2000 (Nemec 2000, p. 3), totaling 700 not potential threats. dispersal downstream. plants in both units, with about 450 Our Response: The Service has Our Response: We agree that based on plants in Site 2 and about 200–250 reviewed Klips (1995, entire) and the best scientific and commercial data plants in Site 4. Site 6 (SH 204) has been Mendoza (2004, entire) and available, Neches River rose-mallow observed with about 75 plants in 1997, incorporated this information into our seeds are likely to be dispersed by its maximum count to date, and this analysis in the Summary of Factors flowing water. This change is reflected change is reflected in this final rule. Affecting the Species section of this in the ‘‘Habitat’’ section for the Neches (37) Comment: One commenter noted final rule. While these studies pertain to River rose-mallow of this final rule, yet the steep decline in the reintroduced genetic analysis, they do not look at this comment did not change our listing site in compartment 16 of the Davy genetic drift, inbreeding, or the possible determination for the Neches River rose- Crockett NF where the population has threat from hybridization, as the mallow. decreased by 90 percent (from 450 to 43 commenter acknowledges. Based on the (35) Comment: Of the four introduced plants). Whether the loss of the beaver best scientific and commercial data populations of Neches River rose- dam resulted in this drastic decrease available, we do not consider mallow, all but the experimental site needs further study. hybridization or small population size a (which has been manipulated) have Our Response: See our response to threat to the species at this time. See our experienced population declines (50 Comment 19. response to Comment 11 for additional percent in Davy Crockett NF (38) Comment: In the proposed rule information regarding this comment. compartment 20, 90 percent in Davy under the heading ‘‘Trampling by Feral (40) Comment: Listing of the two Crockett NF compartment 16, and 95 Hogs and Cattle’’ (77 FR 55987), it states plants will have adverse impacts on the percent in Davy Crockett NF that because Neches River rose-mallow State transportation system other than compartment 11). Rapidly declining habitat is permanently or temporarily in instances where they occur in or populations such as those in Davy flooded, feral hogs have limited access immediately adjacent to State-owned

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ROW. Listing will hamper economic (45) Comment: As outlined in the opportunity to understand and development and delay projects that 2003 St. Augustine Glades Conservation comment on the Service’s proposal. require section 7 consultations. Area Plan, TNC, along with other Our Response: Executive Order Our Response: See our response to resource professionals, identified the 13463, signed by the President on April Comment 30 above. conservation concerns and challenges 18, 2008, amends Executive Orders (41) Comment: There are existing for sustaining populations of the Texas 13389 (Creation of the Gulf Coast mechanisms that adequately protect golden gladecress. Recovery and Rebuilding Council) and both species. Our Response: We were aware of this 13390 (Establishment of a Coordinator Our response: See our response to document and considered this in our of Federal Support for the Recovery and Comments 22, 27, and 28. preparation of this determination. Rebuilding of the Gulf Coast Region). None of these three Executive Orders Federal Agency Comments (46) Comment: A commenter recommended that the benefits provided directs Federal agencies to provide (42) Comment: The Natural Resources by conservation efforts currently in timely online access to the rulemaking Conservation Service indicated their place in an area be fully considered. docket. We believe the commenter is willingness to assist landowners and Our Response: Section 4(b)(1)(A) of referring to Executive Order 13563, land managers in identifying those the Act requires us to take into account ‘‘Improving Regulation and Regulatory elements that may have a negative or those efforts being made by a State or Review,’’ and we believe that we have positive impact on the species. foreign nation, or any political met the direction of that Executive Our Response: We appreciate the Order. For our proposed rule to list the Natural Resources Conservation subdivision of a State or foreign nation, to protect such species. We consider species and designate critical habitat, Services’ (NCRS’) willingness to help we provided the literature cited landowners with actions to conserve relevant Federal, State, and tribal laws and regulations when developing our bibliography on http:// these species. We foresee that NRCS’ www.regulations.gov when we assistance to landowners and to the analysis. Regulatory mechanisms may preclude the need for listing if we published the proposed rule. The Service will be invaluable in delivering proposed rule also stated that additional conservation programs like the Service’s determine such mechanisms adequately address the threats to the species such tools and supporting information that Partners for Fish and Wildlife Program we developed for that proposal were that can help willing landowners plan that listing is no longer warranted. However, existing regulatory available at the Service’s field office in and implement projects to restore Corpus Christi by appointment or that habitat for both of these plant species. mechanisms are inadequate to protect these species, and the ongoing arrangements could be made to get that Public Comments conservation efforts are not sufficient to information by calling the field office. For this final determination, the (43) Comment: One commenter remove the threats to these species. Please see ‘‘Other Conservation Efforts’’ literature cited bibliography and all provided information regarding tools and supporting information are reintroduced populations near the cities under ‘‘A. The Present or Threatened Destruction, Modification, or available at: of Douglass and Chireno, and at the • http://www.regulations.gov under Curtailment of Its Habitat or Range’’ for Pineywoods Native Plant Center, all in Docket No. FWS–R2–ES–2012–0064, Nacogdoches County. These the Texas golden gladecress and Neches • http://www.fws.gov/southwest/es/ populations have not been verified by River rose-mallow in this final rule. ElectronicLibrary/ElectronicLibrary_ the Service or a species expert. These (47) Comment: Multiple commenters Main.cfm, populations need to be verified as believe that interested parties should be • http://www.fws.gov/southwest/es/ Neches River rose-mallow and not a given sufficient opportunity to review ClearLakeTexas, and hybrid variety. and comment on any proposal, • Texas Coastal Ecological Services Our Response: These populations including review of scientific data from Field Office in Corpus Christi (see have not been verified by the Service or an independent specialist’s economic ADDRESSES). species experts. Until such verification, analysis of the current proposal, before (49) Comment: The Service’s failure to the Service cannot use this information the Service makes a final decision in examine relevant evidence, explain its in our analysis. this rulemaking. Similarly, any data assumptions, consider contrary (44) Comment: Several commenters provided to Service during future public evidence in the studies on which it expressed their beliefs that these species hearings should also be made available relies, identify uncertainties, share the have not been fully studied. They to the public for review and comment. studies it relied upon, and utilize basic indicated that there are significant Our Response: This information was scientific principles in its predictive concerns with the quality of data and provided to the public for review and analysis is arbitrary, capricious, and not analysis the Service used for its comment. Please see our response to in accordance with the law. There is no determination. They believe that the comment 29 above for a full description. basis in the record to support listing the proposal is based largely on (48) Comment: One commenter plants under the Act. inconclusive reports and vast recommended that any proposal to list Our Response: As we are unable to speculation about operations thought to a species should include easily identify from this comment the specific affect habitats, existing regulatory accessible and transparent information assumptions or contradictory evidence mechanisms, conservation efforts, about cited literature. Another that the commenter is referring to, we species populations, and potential commenter noted that Executive Order cannot adequately provide a response to threats that fail to provide any sound 13463 directs agencies to provide timely that part of this comment. We assessed scientific foundation on which to justify online access to the rulemaking docket the status of both species using the best the listing of these species. Other on http://www.regulations.gov, scientific and commercial data commenters assert that the Service does including relevant scientific and available. We obtained this information not have the scientific justification to technical findings, in a format that can by reviewing the candidate assessments list these species. be easily searched and downloaded that had been done for each species Our Response: See our response to (E.O. 13463, sec. 2(b)). The proposed since they were first determined to be Comment 23. rule failed to provide a meaningful warranted for listing (in 1975 for the

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Neches River rose-mallow, and in 1997 genetic exchange. As Niches River rose- combination. Each of these factors is for the Texas golden gladecress), using mallow habitat is so water-dependent, discussed below. all information in our files, soliciting hydrological changes can have huge Texas Golden Gladecress new information prior to publication of impacts. the proposed rule, as well as during two In regards to the SH 204 ROW site, the A. The Present or Threatened comment periods, from a wide variety of best scientific and commercial data Destruction, Modification, or knowledgeable entities and individuals, available suggest that the construction Curtailment of Its Habitat or Range and using additional sources of of the Lake Columbia reservoir project Habitat loss and degradation have information such as peer-reviewed will divert water downstream, thereby been the primary cause of decline in journals and other publications. We likely dewatering the site. The agencies Texas golden gladecress during the last incorporated all substantial information involved with the project are still two decades. Permanent removal or we received into this final rule, working on solidifying the project destruction of habitat by quarrying and including any new information details, and, therefore, we do not know pipeline installation projects has regarding the species’ status, habitat how much water will remain at this site eradicated several populations. Other conditions, and threats. We believe that or if future water management practices habitat alterations that are occurring we did identify and point out or decisions will allow for seasonal across the species’ range, with potential uncertainties and data gaps. We had to flooding of water to this site. Please to destroy or negatively alter Texas rely on the best scientific and reference the ‘‘Hydrological Changes’’ golden gladecress’s habitat, include commercial data available to us, as section in this rule for more information construction of well pads, buildings, opposed to collecting new data to fill on this project and hydrological impacts roads, and poultry production facilities, gaps. We believe that we have made a to this and other sites. sound case for why the Texas golden and service line improvements. A gladecress warrants listing as Summary of Changes From Proposed historic and ongoing major threat to endangered and the Neches River rose- Rule Texas golden gladecress’s habitat is the invasion by nonnative and native mallow warrants listing as threatened There are not any substantial changes under the Act. For further information, shrubs, trees, and vines, and other from the proposed rule. We did receive weedy species into the formerly open- see our response to Comment 23. new information regarding the presence (50) Comment: The threat to SH 204 sun, herbaceous, glade vegetation of feral hogs at Neches River rose- ROW by ‘‘water management strategies’’ communities. Planting of pine mallow sites. Based on this new is speculative. There are no scientific plantations can potentially have information, we determined that feral data that demonstrate the level of negative impacts on the Texas golden hogs are a current and continuing threat hydrological change that would impact gladecress if the spacing of planted trees the Neches River rose-mallow; the to the Neches River rose-mallow, but the puts them in close proximity to Service is speculating this threat. Also, severity of the threat is low. We also occupied outcrops, resulting in shading the proposed rule’s discussion of the received new information about ongoing and pine leaf litter accumulations in the plant numbers for the Neches River service line improvements, including glade habitat. Grazing has been rose-mallow and the impacts of the communication, domestic gas, water, implicated as a habitat threat because it proposed Lake Columbia project on this sewer, and electric lines, that were is often associated with the species have not been subjected to occurring within the Texas golden encroachment of undesirable vegetation rigorous scientific analysis or gladecress’s range, sometimes in into the outcrop habitat, and may lead discussion. The Service does not report highway ROWs. We determined that, to trampling of plants. Agricultural on information from two of its because these improvements may herbicide use has some potential to published reports; specifically plant involve excavations of habitat and damage emerging Texas golden count information was missing from plants, they could constitute additional gladecress seedlings. Severe and 2007. Also, in these reports, plants were threats to the Texas golden gladecress. extended periods of drought, determined to be Hibiscus hybrids; These newly identified threats do not anticipated to increase with projected however, this was not mentioned. There alter our listing determinations. changes in the climate, may negatively is no explanation of why the Service did Summary of Factors Affecting the affect a given year’s reproductive effort not present this readily available data. Species by Texas golden gladecress. These Our Response: Some degree of factors will be discussed in more detail hydrological change has been seen at Section 4 of the Act (16 U.S.C. 1533), below. most of the Neches River rose-mallow and its implementing regulations at 50 Glauconite Quarrying (Mining) sites; however, information on some of CFR part 424, set forth the procedures the private land sites is lacking. Many for adding species to the Federal Lists Glauconite, often called ‘‘blue rock’’ wetland species, including the Neches of Endangered and Threatened Wildlife or ‘‘green rock,’’ is used in San River rose-mallow, are adapted to highly and Plants. Under section 4(a)(1) of the Augustine and Sabine Counties for road variable rates of water flow, including Act, we may list a species based on any construction and maintenance by seasonal high and low flows, and of the following five factors: (A) The county road departments, USFS, and occasional floods and droughts. For present or threatened destruction, Louisiana Parishes (McGee 2011, pers. example, the Neches River rose-mallow modification, or curtailment of its comm.). Glauconite has also been used likely requires high precipitation and habitat or range; (B) overutilization for by the oil and natural gas industry for flowing water or flood events to commercial, recreational, scientific, or roads and well pads, and demand by the disperse seed (Warnock 1995, p. 20; educational purposes; (C) disease or oil and gas industry is high (McGee Scott 1997, p. 8; Reeves 2008, p. 3), and predation; (D) the inadequacy of 2011, pers. comm.). Glauconite is also although the Neches River rose-mallow existing regulatory mechanisms; and (E) used as a component of fertilizer and as is adapted to persisting in dry other natural or manmade factors an animal feed additive (Godwin 2012, conditions during portions of the year, affecting its continued existence. Listing pers. comm., p. 4). A number of a complete lack of water can diminish actions may be warranted based on any commercial glauconite quarries or seed production, range expansion, and of the above threat factors, singly or in mines were in production by 1997, and

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subsequent interest in its use grew Creek Glade Sites 6 and 8 was collected because there is high potential to affect because traditional pavement base on March 19 and April 24, 1987. At that remaining glade habitat throughout the materials historically used in this region time, Caney Creek Glade Site 6 was species’ range. Numerous wells can be (iron ore and limestone) were becoming recognized as the largest known viable seen from SH 21 between the cities of harder to obtain and more expensive population of Texas golden gladecress. Nacogdoches and San Augustine, with (Button and Little 1997, p. 14). A At this site, the Texas golden gladecress at least 30 wells visible along a 20-mile representative of one mining company grew in a former pasture with thousands (32-km) stretch of this road (Loos 2011, with four quarries in the San Augustine of fruiting plants in association with pers. comm.; Rodewald 2011, pers. and Sabine County area expressed an other native glade plants, including comm.). The materials brought in to opinion that their mines were white bladderpod, in shallow bedrock construct well pads and roads can sustainable for 15 to 20 years at the pockets. The Caney Creek Glade Site 8 directly cover habitat and plants, current level of demand (McGee 2011, consisted of a very small population on causing partial or total loss of pers. comm.). The best scientific and a degraded Weches outcrop, with populations. Excavations, as well as commercial information available does scattered plants in fruit. Both elements construction activities, that occur not allow us to make predictions about of occurrence appeared to be eliminated upslope of Texas golden gladecress future demand for glauconite, and we by a large, open-pit quarry in which populations may act to impede are unable to project the level of future digging started after 1996, with the movement of water downslope, thereby quarry development throughout the entire area being one large pit by 2009. interfering with seeping and pooling of Texas golden gladecress’s range. The outcrops may actually attract water needed by Texas golden Selection of quarry sites can be based on glauconite quarrying interests because gladecress. Concern about the extent of different site qualities and the variation the presence of an outcrop indicates that this threat is elevated due to our lack of in the mineral composition of the glauconite is close to the surface. information about potential Texas Weches Formation across its geographic Glauconite mining can occur throughout golden gladecress populations across range. Selection of locations for the range of Texas golden gladecress the Weches glades where surveys for the glauconite quarries may target areas and has the potential to eradicate species have not been undertaken, but ‘‘where the glauconite can be seen on populations at sites where quarries are where natural gas exploration and the surface’’ (outcrops), although dug. There is no requirement for permits production is rapidly proceeding. quarries have also been dug on sites to develop a quarry, typically there is no The entire known distribution of where the glauconite was not visible at Federal nexus, and locations of future Texas golden gladecress is underlain by the surface (McGee 2011, pers. comm.). quarries are unknown. Based on our the Haynesville Shale formation (also TNC (2003, p. 9) noted that glauconite review of the scientific information, we known as the Haynesville-Bossier), quarrying (mining) in glades destroys conclude that excavation of pits for recently recognized as a major natural habitat and is a significant threat to the removal of glauconite, and associated gas source for the United States. The Texas golden gladecress. The majority of glauconite-quarrying activities, pose a Haynesville Shale, located at a depth known habitat was excavated at three of threat to the Texas golden gladecress exceeding 11,000 ft (3,353 m), straddles the eight historical populations (Caney across the species’ range. the Texas-Louisiana border, and almost Creek Glade Sites 2, 6, and 8) between 70 percent of its production is from Natural Gas and Oil Exploration and 1996 and 2011, resulting in open pits at wells located in Texas (Brathwaite 2009, Production the former habitat sites. The excavations p. 16). The Haynesville shale covers an removed all surface features required by A principal threat to the habitat of area of approximately 9,000 mi2 (23,310 the gladecress, as well as killing Texas golden gladecress is the removal km2). A June 2010 map shows the individual plants. The Service has been or destruction of habitat (outcrops and Haynesville Shale underlying the denied access to these sites; thus we immediate surrounding land) by northwestern quarter of Sabine County, cannot determine if any habitat or pipeline construction or from the entire northern half of San plants remain on the periphery of the construction of buildings, well pads, or Augustine County, and the southeastern excavated quarries. The last recorded roads to access drilling sites directly third of Nacogdoches County survey of plants at Caney Creek Glade over habitat. Natural gas pipeline (Haynesville Shale Map 2010). Site 2 was on March 18, 1988, when the installation requires trenching and Estimates of the natural gas contained in Texas golden gladecress plants were clearing that can destroy all gladecress this formation’s reserves indicate that it described as growing on the sloping habitat and plants within the pipeline could sustain anticipated energy needs Weches outcrop that was brush-hogged ROW. In addition to the destruction of for well beyond the next several decades and burned in 1988. Using available habitat, excavation could conceivably (Hall 2009, pp. 3–7; Brathwaite 2009, p. high-altitude photography taken alter the hydrology of Texas golden 16). Technological improvements in between 1995 and 2009, supplemented gladecress sites if the lowered elevation exploration (3-dimensional seismic with aerial photography from August of the excavation, or conversely, the surveys), drilling (horizontal wells), and 2010, it appears that the glade was still increased ground elevation of a well pad well completion and stimulation intact as of 1995–1996, but that a much or other structure, diminishes the (hydrologic fracturing) have enhanced larger area than the original population amount of water that can move the productive capability of natural gas site was excavated by 2005. As of 2010, downslope over ground or through shales throughout the United States, the entire population site and seeps. Adversely affecting the amount including the Haynesville Shale. surrounding area looks to be two large, and timing of water delivery could Natural gas exploration and side-by-side pits or ponds. Based on the render outcrop ledges uninhabitable for production has been rapidly expanding total loss of habitat (surface and the species by interfering with the within the Haynesville Shale, from the subsurface) due to the excavation, over seeping or pooling action of water on first significant production in 2005, to a large portion of the former population which the species depends. major development of the formation in site, we assume that the population was The loss of habitat and plants in the 2009 (Brathwaite 2009, p. 16). Drilling extirpated here. footprint of well pads and roads built activity over the entire Haynesville The last information on plant for natural gas or oil exploration and Shale peaked around 2009 or 2010, numbers and conditions at the Caney production is a continuing threat when approximately 200 drilling rigs

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were active. As of September 18, 2011, the pipeline path likely permanently destroyed by the construction of approximately 130 rigs were actively removes these rocky ledges and other pipelines. The three remaining drilling; the slowdown is attributed to features, along with the Texas golden populations as well as suitable habitat depressed natural gas prices (Murphy gladecress plants and seedbed. After the are at risk of being destroyed by 2011a, p. 3). Even with natural gas pipe is put into the ground and the construction of natural gas and oil prices down, most companies continue trench covered with soil, elevations are infrastructure (pipelines, well pads, to drill one well per gas unit on the restored and the surface is revegetated, metering stations, and roads) that Haynesville Shale in order to maintain generally using coastal bermudagrass in continue to be constructed throughout their leases (Murphy 2011a, p. 3). By this region (Rodewald 2011, pers. the species’ range. Exploration and September 2011, as many as 1,500 wells comm.). The Simpson Farms Texas production of natural gas and oil is had been drilled with many more golden gladecress population, located 6 anticipated to continue in this area for anticipated, along with perhaps another mi (9.7 km) east of the city of at least the next decade. Texas golden 10 years of active drilling on this Nacogdoches, was eliminated by a gladecress and its habitat may be formation (Murphy 2011b, pp. 2–3). natural gas pipeline that was installed directly impacted by the construction of The Texas Railroad Commission’s sometime between August 2010 and pipelines and other infrastructure, and online maps (available at http:// October 2011 (date of installation indirectly by altering the hydrology near gis2.rrc.state.tx.us/public/startit.htm) determined from comparison of occupied sites and suitable habitat. indicate that natural gas (and some successive years of aerial photography). Based on our review of the scientific crude oil) gathering and transmission At this site, the pipeline ROW was information, we conclude that natural pipelines are found throughout approximately 75 ft (23 m) wide, and gas and oil development is a threat to Nacogdoches County. In San Augustine the entire area formerly occupied by the Texas golden gladecress. County, the majority of existing Texas golden gladecress was covered Residential and Commercial pipelines are located in the area north with deposited sediment or piles of Construction of SH 21 and west of the town of San cleared brush (Cobb 2011, pers. comm.). Augustine, an area of high glade Given the degree of clearing of the ROW Although residential and commercial occurrence. To the east of San and the adjacent dirt work, the known construction was listed in the species’ Augustine, there are fewer pipelines, extent of habitat is now gone, and the candidate assessments as a potential but, of those that are located in this area, entire population has likely been threat, there is no evidence that this several are large gas transmission lines. extirpated (Cobb 2011, pers. comm.). type of disturbance has directly affected One of these big transmission lines lies The Chapel Hill population may also be Texas golden gladecress populations. directly adjacent to the historic Caney affected by future pipeline construction; Historically, site selection for building Creek Glade Site 7. Sabine County has the route for a future pipeline was being homes and businesses in the town of several major interstate pipelines, but surveyed in October 2011 (Cobb 2011, San Augustine may have taken fewer gathering and other transmission pers. comm.). Although this pipeline advantage of the open aspect of the lines than the other two counties, and does not directly cross the very small glades; Leavenworth described the area no pipelines near the Sabine County population site between the pasture in which he originally collected the gladecress site (Texas Railroad fence and the road, it does lie parallel species (vicinity of the town of San Commission 2011). to, and just inside of, the fence line in Augustine) as ‘‘prairies’’ (Bridges 1988, The Texas Railroad Commission a pasture where Texas golden gladecress p. II–5). However, information about regulates the oil and natural gas habitat does exist (Singhurst 2012c, former glades in the area is lacking, as industry in the State of Texas. The pers. comm.; Singhurst 2012f, pers. is documentation that the Texas golden Texas Railroad Commission has detailed comm.). gladecress was present where buildings information on all existing pipelines, The current trend over most natural are currently located. Neither San but the agency has no way to predict gas shale formations is to drill multiple Augustine nor Sabine Counties are future routes for new pipelines or wells; wells, when possible, and well pad sizes experiencing rapid human population they are limited to location data found can vary accordingly. Well pad sizes in growth; San Augustine County saw a 0.9 within permit applications (Nunley the San Augustine County area range percent decline in population from 2011, pers. comm.). New pipelines, as from several acres to as large as 14 ac 8,946 to 8,865 between 2000 and 2010, well as ones for which routes are being (5.67 ha), depending on the number of while Sabine County had a modest determined, do not display on the Texas wells (Loos 2011, pers. comm.; Allen increase of 3.5 percent (10,469 to Railroad Commission Web site, so 2011b, pers. comm.). Although most oil 10,834) (U.S. Census Bureau 2010a, b), although we are aware of the impact and gas companies use existing roads, suggesting that residential and that pipeline excavations can have on occasionally the companies need to associated commercial development Texas golden gladecress, we cannot tell build new roads, and in these cases the does not constitute a high level of threat where future pipelines may affect new routes may go through outcrop to habitat throughout the species’ range. existing populations or suitable habitat. areas. The fill for pads and roads could However, service improvements for Loss of Texas golden gladecress cover portions of, or potentially entire, existing homes and businesses, habitat and plants is inevitable if glade sites since some of the glades are including installation of service lines for pipelines are routed directly through so small. Placement of pads or roads communications, electric power, water, population sites. Pipeline installation upslope of Texas golden gladecress sites sewer, and domestic gas are ongoing requires clearing of a path for the may have the potential to affect and do have the potential to occur in pipeline, cutting a trench in which to downslope movement of water to Texas golden gladecress habitat (Walker lay the pipe, recovering of the trench, outcrop sites (Ritter 2011b, pers. 2012, pers. comm., p. 1). Because water, and restoring the ground’s surface. comm.). sewer, and gas lines entail excavations Clearing pipeline pathways eliminates In summary, the remaining to lay pipe, these activities could have obstacles to construction populations of Texas golden gladecress similar consequences to installing (NaturalGas.Org 2011, p. 2), which may and suitable habitat are within areas natural gas and oil pipelines if the lines include the rocky outcrops supporting that are actively being drilled for natural pass through an occupied outcrop. the Texas golden gladecress. Bulldozing gas. Plants and habitat have been Electric power structures in this area are

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generally above-ground poles and lines Roads Sun-loving plants like Texas golden that may be installed, or maintained, in Two of the three extant Texas golden gladecress that are adapted to hot, dry highway ROWs. Although Texas golden gladecress populations, Geneva and sites do not tolerate shade well. gladecress habitat and plants may Caney Creek Glade Site 1, extend into Research conducted in Missouri’s cedar potentially be impacted by pole ROWs managed by TXDOT. The third glades showed that herbaceous plant placement, the small project footprint, confirmed population at Chapel Hill is production rapidly declined when red limited to the pole installation, may located on a small tract adjacent to a cedar cover exceeded more than one mean that the small Texas golden county road and is not considered to be third of a glade’s area (Rossiter 1995, p. 3). A combination of reduced sunlight gladecress sites could be avoided by in a road ROW. In the 1990s, a road (shading) and increased leaf litter can moving pole locations a few feet to project impacted the portion of the act to suppress herbaceous species either side of an outcrop. In those cases Caney Creek Glade Site 1 population (Hartman 2005, p. 2). These types of where new power lines are built outside that occurred in the SH ROW when changes in glades that were historically of established ROWs, Texas golden Sunrise Road was widened and hot and dry can contribute to cooling of gladecress populations might be straightened (Singhurst 2012g, pers. the ground and enhancing of moisture damaged during clearing of habitat by comm.); however, not all plants were content. Wetter, cooler conditions vehicles and heavy equipment destroyed. Review of a 2011 list of during traditionally hot, dry summer traversing a glade. However, there is TXDOT-planned projects did not show also potential that clearing of woody months may be counter-productive for any future road improvements or sun-loving glade species by encouraging vegetation out of invaded glades may expansions near known Texas golden reopen them to the point that the Texas invasion by cool season vegetation and gladecress population sites. Based on exotic species. Buildup of a deeper golden gladecress could show a positive the best scientific and commercial response. organic layer can also facilitate the information available, we conclude that establishment of woody plants that Proliferation of poultry farms was also new road construction or improvements listed as a potential threat to Texas results in further shading of the ground to the existing roads does not pose a (Hartman 2005, p. 2). golden gladecress habitat. Building threat to the two Texas golden Invading species can also compete poultry production houses and gladecress populations that occur directly with Texas golden gladecress associated facilities would cover Texas within ROWs, or to the third population for water and nutrients. Interspecific golden gladecress habitat in the same that does not. competition has been noted as manner as would residential or other Invasive Species potentially causing reduction in the types of commercial construction. extent of the root system in several Aerial photography from November A major stressor to the habitat of small outcrop plant species, thereby 2011 (Google Earth, 2011) shows 21 Texas golden gladecress is the ongoing reducing their nutrient uptake (Baskin poultry farms within the Texas golden invasion of nonnative and native and Baskin 1988, p. 836). Shading gladecress’s range (the approximate shrubs, trees, and vines into the further stresses the herbaceous layer, zone of the Weches Formation) in formerly open-sun, herbaceous, glade including the Texas golden gladecress. Sabine and San Augustine Counties. Of vegetation communities. This woody, In Missouri, stressed glade communities the 21 total, 18 are located on the San weedy plant invasion is occurring on at were more prone to invasion from Augustine County Weches Formation. least a portion of all three remaining invasive species like Schedonorus None of the existing farms is adjacent to population sites. The historic Caney phoenix (tall fescue), Sericea lespedeza any of the known population locations, Creek Glade Site 7 appears, from 2010 (Chinese bushclover), and Rosa and we are unable to determine if any aerial photography, to be almost 100 multiflora (multiflora rose) (Hartman Texas golden gladecress habitat or percent overgrown with woody 2005, p. 4). On Texas’ Weches glades, plants were lost when these production vegetation. Carr (2005, p. 2) reported tall fescue at facilities were built. Among the Glades in most parts of the United the Chapel Hill site, and Macartney rose characteristics in east Texas that make States are declining due to grazing, fire was listed as a major invading species a site desirable for poultry production suppression, and the subsequent in pastures throughout the range of are long, flat stretches of ground with a invasion by woody vegetation. In Texas golden gladecress. The Weches good, solid hardpan as opposed to rocky presettlement times, glades were outcrops that parallel SH 21 appear to outcrops on slopes, on the tops of maintained by periodic fires and support the heaviest Macartney rose ridges, or in low-lying areas (Ritter browsing of woody vegetation by white- infestation in San Augustine County 2012, pers. comm.), such as those tailed deer (Odocoileus virginianus) and (Ritter 2011a, pers. comm.). A 1995 occupied by the Texas golden elk (Cervus canadensis). This natural report by the Service’s Clear Lake gladecress. This site-selection disturbance regime changed over the Ecological Services Field Office preference means that poultry producers last century due to active fire described known white bladderpod would most likely avoid Texas golden suppression and diminished numbers of sites, including several with Texas gladecress habitat. In the last 2 years, browsers reduced by hunting pressure golden gladecress, all of which needed most of the poultry farm construction (Rossiter 1995, p. 2). Although the harsh active management to preclude invasion has taken place in counties north of San environment of glades helps to preclude by woody shrubs (Nemec 1996, p. 1). Augustine and Sabine, and the only tree establishment, without disturbance Texas golden gladecress habitat has activity in the Weches Formation zone such as fire, woody plants will invade been documented since the 1980s to be has been renovations to existing farms (Hartman 2005, p. 4). The exclusion of affected by an accelerated succession (Ritter 2012, pers. comm.). The fire has allowed encroachment of trees, from open, herbaceous Weches outcrops construction of poultry farms is not shrubs, vines, and other woody plants to dense shrub thickets and closed considered a threat to Texas golden into glade communities (Borland 2008, canopy woodlands (Service) 1992, p. 7; gladecress because poultry farm site p. 3). Carr 2005, p. 2; Nemec 1996, p. 4). The selection does not appear to have As woody plants mature, they most serious invaders are included in significant overlap with Texas golden produce canopies that reduce the Table 5. Encroachment of these species gladecress habitat. amount of sunlight reaching the ground. is thought to suppress the less

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competitive components of the 1992, p. 7). Some of the native invading The introduced shrubs, including community like Texas golden gladecress species are likely controlled by Macartney rose and Japanese and white bladderpod (TNC 2003, p. 4). occasional wildfire under natural honeysuckle, will invade open space, Some of these invasive species can grow conditions. More serious are the including Texas golden gladecress on the shallow outcrop soils, while introduced invaders, including the habitat (Service 1992, p. 7). others can invade open space around small hop clover that can cover Weches the edges of the outcrop ledges (Service outcrops and eliminate other vegetation.

TABLE 5—PRIMARY INVASIVE SPECIES FOUND IN TEXAS GOLDEN GLADECRESS HABITAT

Scientific name Common name

Nonnative Species

Rosa bracteata ...... Macartney rose. Lonicera japonica ...... Japanese honeysuckle. Stellaria media ...... chick-weed. Bromus japonicus ...... Japanese brome. Kummerowia striata ...... Japanese bush-clover. Ligustrum japonicum ...... Japanese privet. Melilotus indicus ...... sour clover. Cynodon dactylon ...... coastal bermudagrass. Trifolium dubium ...... small hop clover.

Native Species

Andropogon virginicus ...... broomsedge. Plantago virginica ...... pale-seeded plantain. Euphorbia sp ...... spurge. Frangula caroliniana ...... Carolina buckthorn. Rhamnus lanceolata ...... lanceleaf buckthorn. Crataegus crus-galli ...... hawthorn. Crataegus spathulata ...... hawthorn. Prunus mexicana ...... Mexican plum. Viburnum rufidulum (=prunifolium) ...... rusty blackhaw. Rhus glabra ...... smooth sumac. Ulmus alata ...... winged elm. Berchemia scandens ...... Alabama supplejack. Cissus incisa ...... ivy treebine.

The three extant Texas golden time periods even though the habitat is create habitat conditions allowing gladecress sites have shrubs and trees overgrown by woody species. establishment and expansion of white encroaching into formerly open glade Fire suppression is considered a bladderpod populations by triggering habitat. At the Chapel Hill site, Carr threat to the continued integrity of the germination and reducing completion (2005, p. 2) noted that 13 scattered pines native plant communities of the Weches from woody invasives, and referred to within a 6,000-ft2 (557-m2) area glades because lack of fire contributes to ‘‘limited data’’ indicating that burns produced a total canopy coverage of less woody and weedy native and nonnative conducted July through October (non- than 10 percent of site, but indicated plants being able to more quickly bloom period) are the most beneficial that future shading effects when the overtake the open glade areas. TNC’s for the bladderpod. This plan also pine trees reach maturity might prove Area Conservation Plan for the San indicted that this is probably true for the detrimental. At this same site, other Augustine Glades indicated that fire Texas golden gladecress. woody plants were controlled, but not suppression in the Coastal Plain Although information about the direct eliminated, by regular shredding (Carr Carbonate Glades (another reference for effects of prescribed burns on Texas 2005, p. 2). the Weches glades) constituted a high golden gladecress is not available, Dr. level of threat (The Nature Conservancy Michael Warnock did conduct Texas golden gladecress does show 2003, p. 9) and that the fire frequency experimental burns at Caney Creek some ability to persist at sites that have was ‘‘fair to poor’’; the ideal frequency Glade Site 6 in the mid-1990s to been overrun by woody vegetation. At being burns occurring every 5 to 10 determine the impacts on white the Geneva site, the area with the Texas years. For future viability and bladderpod. His experimental burns did golden gladecress was bulldozed, and biodiversity health in the glades, the result in white bladderpod showing a although the site was reported as plan said that fire processes should be positive reproductive response. destroyed, the species reappeared restored or simulated, where feasible However, Dr. Warnock did not list the within several years. At the Chapel Hill (The Nature Conservancy 2003, p. 8), Texas golden gladecress in his final site, brush removal actions to benefit and categorized development and report, and did not mention anything white bladderpod also resulted in the implementation of fire management and about its response to the experimental reappearance of the Texas golden invasive species plans with partner burn (Warnock 1992, entire). The gladecress after its apparent absence for landowners as a top priority TXNDD’s element of occurrence records 10 years. This suggests that the Texas conservation strategy (The Nature include descriptions of habitat golden gladecress’s seed bank may be Conservancy 2003, p. 13). TNC’s plan conditions, including mention of winter able to remain viable over extended also stated that seasonal burns could burns, at a time when the Texas golden

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gladecress was present (in fruit) at two the generally lower densities of most of root system with vigorous, deep historic Texas golden gladecress sites. the plants at the site. rhizomes. Root production and dieback At Caney Creek Glade Site 2, Texas George (1987, pp. 26–36) also is reported to be especially high in the golden gladecress was last observed in described a seasonality component to spring when shoot production begins. March 1988, when the site was the vegetation growth on the Weches Soil temperatures above 65 degrees described as being brush-hogged and glades. This seasonality may help to Fahrenheit (°F) (18.3 degrees Centigrade burned that same year. In 1988, at the keep the habitat conditions suitable for (°C)) are required for significant growth Caney Creek Glade Site 7, part of the the Texas golden gladecress even if of rhizomes, roots, and stolons, with the Weches formation glade area below a bermudagrass, bahiagrass, and ryegrass optimum soil temperature for root shrubby slope was in part burned that are present. He noted that the spring growth around 80 °F (27 °C) (Duble winter (or early spring), and the Texas was dominated by a sequence of diverse 2013, p. 2). Bermudagrass has the golden gladecress itself was described as annual forbs, and as the summer capability of surviving extreme droughts being locally abundant in a very small progressed, rainfall diminished, the soil and produces seed heads under stress dried out, and the flora became very area on a seepy, gravelly glade (TXNDD conditions (Duble 2013, p. 3). This sparse. The grasses exhibited large 2012b, pp). invasive grass can grow well on a wide growth spurts in September and variety of soils from heavy clays to deep Bermudagrass, ryegrass, and dominated all three sites; however, this sand, as long as fertility is not limiting. bahiagrass are nonnative grasses that time of grass dominance (summer and It can tolerate both acid and alkaline have been documented as occurring at fall months) is the time of year when soil conditions and salinities. some white bladderpod and Texas Texas golden gladecress is not present Bermudagrass does not tolerate poorly golden gladecress sites. Nemec (1996, p. aboveground. Therefore, seasonality of drained sites like compacted soils and 4) described bermudagrass as among the growth should help to somewhat heavy clays (Duble 2013, p. 6). Some most serious invaders of white ameliorate competition between the qualities of bermudagrass, like its bladderpod and Texas golden gladecress grasses and the annuals on the outcrops. growth and spread via stolons and shoot habitat. Carr (2005, p. 4) listed ryegrass With regard to ROWs, Texas golden production at nodes, along with its (although he described it as Lolium gladecress does extend into highway tolerance of varying pH conditions, multiflorum (English rye)) as a common ROWs at several sites. Coastal might enhance its ability to invade the grass component at the Chapel Hill Site bermudagrass and bahiagrass are Weches outcrop habitats, and indeed it in spring 2005. George (1987, pp. 26–36) included in mixtures used to re-seed has been noted as a significant invader found bermudagrass, bahiagrass, and ROWs in the east Texas area (Adams at some outcrop sites. However, its lack perennial ryegrass at San Augustine 2013c, pers. comm). Bahiagrass is a of tolerance for poor drainage might County glade sites where he assessed deep-rooted perennial adapted to a wide preclude it from the portions of the range of soils. It spreads via stolons and the herbaceous vegetation community. outcrop favored by the Texas golden rhizomes, in addition to being a prolific Using ‘‘importance values’’ for plant gladecress. Also, its soil temperature seed producer. Bahiagrass is most species that were calculated by requirements for growing periods may productive on sandy soils with a pH of summing the relative density and the offset its season of growth and 5.5 to 6.5 (Houck 2009, p. 1). These relative frequency of the species (with a reproduction from that of the Texas qualities would seem to contraindicate value of 1 being highest or most dense golden gladecress. and most frequent), he found bahiagrass colonizing and persisting on the parts of the outcrop where Texas Nonnative and native woody species, bermudagrass, ryegrass, and bahiagrass golden gladecress grows, since including woody shrubs, vines, and to rank in importance as 38, 53, and 69 bahiagrass does not share an affinity for trees, continue to degrade Texas golden (respectively) of 80 species at site 1; the thin, rocky, or nonexistent soils gladecress’s habitat across the species’ while ryegrass, bermudagrass, and under the Texas golden gladecress. entire range. This threat is significant bahiagrass ranked as 13, 17, and 23 in Ryegrasses grow best on fertile, well- for the species because it is ubiquitous importance (respectively) out of a total drained soils; however, they can also and has led to declines in, or of 75 species at site 2. Interestingly, at grow on soils where conditions are too disappearance of, Texas golden site 3, which was the sole site with wet at certain times of the year to gladecress populations, along with Texas golden gladecress present, only support other grasses because ryegrass is altering the species’ habitat. Based on ryegrass was found; the other two a heavy water user (Hall 1992, p. 1). Soil our review of the scientific and species were absent. Some of the pH for optimum ryegrass production is commercial data available, we conclude differences between the three sites (as between 6.0 and 7.0 (Hall 1992, p. 3), so that invasion of woody and weedy described by George 1987, pp. 26–36) it may be able to tolerate the alkalinity nonnative and native plants into Texas may have contributed to the presence of of the Weches outcrops. Perennial golden gladecress habitat is a threat all the invasive grasses at sites 1 and 2, ryegrass requires a dormancy period of across its range. We recognize the where they varied with respect to their cool temperatures before the potential for bermudagrass, bahiagrass, frequency and density. Site 3 (where photoperiod can induce flowering, and and ryegrass to impact the habitat of the Texas golden gladecress occurred) was it normally produces seed heads during Texas golden gladecress, especially in the rockiest and most fossiliferous of the late spring (Hall 1992, p. 1). This timing those situations where these grasses are three sites, with soil and a gravel-like of growth and reproduction may be deliberately planted nearby to Texas substrate containing many small rocks. offset enough to help to minimize golden gladecress populations. Sites 1 and 2 appeared to include more competition if and when ryegrass does However, there are characteristics of areas of deeper, more developed soil. grow onto Texas golden gladecress each of the three that may help limit Site 3 was the wettest in the spring and habitat. competition between these nonnative the driest in the summer and fall, due Bermudagrass is a vigorous, plants and the Texas golden gladecress, to rapid drying of the thin soil. George stoloniferous grass that can rapidly at least on those Texas golden (1987, pp. 26–36) postulated that the invade cultivated land in areas of high gladecress sites that have sufficient thin, rocky soils of Site 3 were probably rainfall or irrigation (Duble 2013, p. 1). outcrop rock ledge or rock face that a limiting factor that helped to explain Bermudagrass has a fibrous, perennial separate the Texas golden gladecress

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from the deeper soils needed by the trampling if they are growing directly in plantings would allow trees to be grasses. Based on this information, we cattle trails. planted near the edges of outcrops do not consider these specific species a Grazing does occur on portions of the (Ritter 2011a, pers. comm.; Ritter 2012, threat at this time. In the future, if these three extant population sites, but we do pers. comm.). As these trees mature, grasses are shown to impact the Neches not have information to show that their canopies may potentially cause River rose-mallow or Texas golden grazing has destroyed Texas golden shading problems on glade areas (see gladecress, we will work with the gladecress habitat or plants. Based on ‘‘Invasive Species’’ section for appropriate agencies and industries to our review of the best scientific explanation of negative effects of address these impacts. information, we conclude that the direct shading). For example, it appears that effects of grazing are not a threat to former habitat adjacent to the Chapel Habitat Damage Associated With Texas golden gladecress. Hill site may be planted, in part, to rows Grazing Land Conversion for Agriculture and of trees. Grazing has been implicated as a In addition to shading, pine tree Silviculture habitat threat because it can facilitate plantings may also result in production the encroachment of undesirable Another potential habitat threat is of large amounts of pine needle litter vegetation into the outcrop habitat, and conversion of Weches glade outcrops to that could accumulate in small glade because it may lead to trampling of nonnative grass pastures or conversion openings near the trees. Where a mid- plants and soil compaction. Historically, of existing pasture lands that may story of trees develops, light may be the introduction of grazing livestock contain viable outcrops to pine tree blocked from reaching the ground level into east Texas, coupled with heavy plantations. Over the last 200 years, by upper-canopy and mid-story shading; grazing pressure, adversely impacted most of the native vegetation with a subsequent build-up of leaf litter, glade sites by facilitating the spread of communities of east Texas were the herbaceous species can be invasive woody plants, and potentially dramatically altered by human activities suppressed. In the face of fire trampling native plants. Acting in as the region was logged and extensively suppression, Missouri glades became concert with fire suppression, heavy cultivated (Diggs et al. 2006, p. 76). Due choked with litter that kept the ground grazing pressure may have accelerated to widespread land use changes moister and cooler, leading to conversion of the grassy prairies and throughout the entire range of the Texas replacement of the sun-loving natives by herbaceous glades to the dense, thorny golden gladecress, and the fact that the invading cool-season vegetation and masses of vegetation seen at many sites glade areas were always somewhat exotic species (Hartman 2005, pp. 2–4). today (Nemec 1996, p. 4; Service 1992, small and surrounded by forest, there is The decomposition of pine leaf litter p. 7). Overgrazing of Texas golden a high likelihood that some glades were also facilitates the germination of pines gladecress habitat can promote invasion negatively affected by past agricultural as the soil deepens within the glade by woody species and enhance and silvicultural land cover conversions (Walker 2012, pers. comm., p. 1). competition on the glade from (Service 1992, p. 7). At least one Texas Current data do not suggest that the herbaceous weeds like pale-seeded golden gladecress population was establishment of pine tree plantations is plantain, Japanese brome, and spurge described as being lost to this type of a threat to the species. However, if in (Service 1992, p. 7). Grazing livestock land use change during the 1980s close proximity to occupied glade serve as a source of introduced species’ (Turner unpubl. Data, in TNC 2003, p. openings, this may potentially cause seeds as well as supplying nutrients for 2). problems for Texas golden gladecress. If competitive native weedy species. Conversion of native vegetation this becomes an issue in the future, we Grazing animals can also encourage communities to pasture or row crop in will consider it in our recovery planning unpalatable invasive species like the region is much less common now. and implementation. Macartney rose to move into areas The Weches outcrops are not considered Herbicide Use where more preferred natives have been desirable substrate for planting to grazed out (Bridges 1988, p. II–35). The pasture, as landowners are not The candidate assessments for Texas negative impacts to Texas golden interested in deep plowing, breaking up, golden gladecress list herbicide use in gladecress habitat from woody plant or dragging out rocks (Ritter 2011a, pers. highway ROWs and for agricultural invasion are detailed in the ‘‘Invasive comm.). The ‘‘Redland’’ soils that are purposes as a potential threat to the Species’’ section. exposed in the Weches outcrops are thin species because of the plant’s There is no documentation of Texas and rocky. The Natural Resources occurrence within highway ROWs and golden gladecress plants being lost due Conservation Service recommends in pastures. Herbicide use to maintain to trampling. Potential does exist for avoiding these soils because there are highway and county road ROWs has the this to happen, for example, at the not practical conservation practices for potential to destroy the small Geneva Site, where Texas golden these types of sites (Ritter 2011a, pers. subpopulations that exist in the TXDOT gladecress plants have been observed comm.). The more prevalent land use ROWs at the Geneva and Caney Creek growing directly adjacent to and inside change now is from pasture to tree Glade 1 sites. If timing of the herbicide the fence where a cow trail is evident. plantation (Ritter 2011a, pers. comm.). application coincides with the growing Loss of plants in this small area has not Within the last few years, many Sabine and reproductive period of the year for been confirmed, and the larger part of and San Augustine County landowners the Texas golden gladecress, all this population grows in the SH 21 have shifted from grazing to timber individuals that are growing in the ROW ROW, where no grazing takes place, so planting (Ritter 2011a, pers. comm.). might be extirpated if the herbicide it is unlikely that trampling at this site Most timber planting consists of Pinus contacts all Texas golden gladecress truly constitutes a threat to the species. taeda (loblolly pine) and Pinus palustris individuals in these small sites. Grazing also occurs within the fenced (longleaf pine), planted on 8–10 ft (2.4– Herbicide exposure from highway and private portions of the other two 3 m) centers. Although landowners will county road maintenance would affect remaining Texas golden gladecress likely avoid planting directly onto only a small portion of two extant sites, population sites (Caney Creek Glade Weches outcrops because these rocky and recent information suggests that use Site 1 and Chapel Hill), where soils will not support trees, it is of herbicides for State and county roads individual plants may be subject to conceivable that the spacing between in this area is not a widespread practice

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(Adams 2011b, pers. comm.; Hunter Climate Change in temperature and other climate 2011, pers. comm.). We do not have Our analyses under the Act include conditions (for example, Meehl et al. documentation of negative impacts to consideration of ongoing and projected 2007, entire; Ganguly et al. 2009, pp. the species from herbicide applications changes in climate. The terms ‘‘climate’’ 11555, 15558; Prinn et al. 2011, pp. 527, for road maintenance. The TXDOT uses and ‘‘climate change’’ are defined by the 529). All combinations of models and herbicides only on an ‘‘as needed’’ basis Intergovernmental Panel on Climate emissions scenarios yield very similar to eliminate encroaching woody plants Change. The term ‘‘climate’’ refers to the projections of increases in the most or along the edges of the road pavement mean and variability of different types common measure of climate change, (Adams 2011b, pers. comm.). San of weather conditions over time, with 30 average global surface temperature Augustine County does not use years being a typical period for such (commonly known as global warming), herbicides for county roadside measurements, although shorter or until about 2030. Although projections maintenance due to costs (Hunter 2011, longer periods also may be used of the magnitude and rate of warming pers. comm.). (Intergovernmental Panel on Climate differ after about 2030, the overall Change 2007a, p. 78). The term ‘‘climate trajectory of all the projections is one of With regard to agricultural herbicide increased global warming through the use in San Augustine and Sabine change’’ thus refers to a change in the mean or variability of one or more end of this century, even for the Counties, the Natural Resources projections based on scenarios that Conservation Service has a program to measures of climate (for example, temperature or precipitation) that assume that GHG emissions will assist landowners with Macartney rose persists for an extended period, stabilize or decline. Thus, there is strong control using Grazon® P+D herbicide. typically decades or longer, whether the scientific support for projections that This program involves a 3-year change is due to natural variability, warming will continue through the 21st approach—broadcast spraying from a human activity, or both century, and that the magnitude and tractor during the first 2 years, followed (Intergovernmental Panel on Climate rate of change will be influenced by individual plant treatments in the substantially by the extent of GHG ® Change 2007a, p. 78). third year. Grazon P+D has active Scientific measurements spanning emissions (Intergovernmental Panel on ingredients of picloram and 2,4-D several decades demonstrate that Climate Change 2007a, pp. 44–45; (dichlor) and can persist in some soils changes in climate are occurring, and Meehl et al. 2007, pp. 760–764, 797– for months and act as a preemergent, that the rate of change has been faster 811; Ganguly et al. 2009, pp. 15555– killing germinating seedlings. In an since the 1950s. Examples include 15558; Prinn et al. 2011, pp. 527, 529). appendix to TNC’s Conservation Area warming of the global climate system, (See IPCC 2007b, p. 8, for a summary of Plan for the San Augustine Glades (The and substantial increases in other global projections of climate- Nature Conservancy 2003, pp. 30–31), it precipitation in some regions of the related changes, such as frequency of is one of several herbicides identified as world and decreases in other regions. heat waves and changes in potentially harmful to the Texas golden For these and other examples, see precipitation. Also see gladecress and white bladderpod if used Intergovernmental Panel on Climate Intergovernmental Panel on Climate near their habitats. Management Change 2007a, p. 30 and Solomon et al. Change 2011 (entire) for a summary of recommendations include avoiding use 2007, pp. 35–54, 82–85. Results of observations and projections of extreme of this herbicide within 200 yards (yd) scientific analyses presented by the climate events.) (183 m) of areas described as habitat Intergovernmental Panel on Climate Various changes in climate may have within the region, along with limiting Change show that most of the observed direct or indirect effects on species. timing of use to spot treatments only increase in global average temperature These effects may be positive, neutral, between July 1 and August 30. Because since the mid-20th century cannot be or negative, and they may change over Macartney rose is infesting the region of explained by natural variability in time, depending on the species and the Weches outcrops, and since this climate, and is ‘‘very likely’’ (defined by other relevant considerations, such as exotic invader is capable of establishing the Intergovernmental Panel on Climate interactions of climate with other itself in Weches glades and has been Change as 90 percent or higher variables (for example, habitat noted as occurring at Texas golden probability) due to the observed fragmentation) (Intergovernmental Panel gladecress population sites, it is increase in greenhouse gas (GHG) on Climate Change 2007a, pp. 8–14, 18– reasonable to assume that some areas of concentrations in the atmosphere as a 19). Identifying likely effects often glade habitat are included in these result of human activities, particularly involves aspects of climate change treatment programs. Thus, although carbon dioxide emissions from use of vulnerability analysis. Vulnerability control of Macartney rose would likely fossil fuels (Intergovernmental Panel on refers to the degree to which a species benefit the Texas golden gladecress in Climate Change 2007a, pp. 5–6 and (or system) is susceptible to, and unable the long term, application of a pre- figures SPM.3 and SPM.4; Solomon et to cope with, adverse effects of climate change, including climate variability emergent herbicide has the potential to al. 2007, pp. 21–35). Further and extremes. Vulnerability is a eliminate the Texas golden gladecress confirmation of the role of GHGs comes function of the type, magnitude, and altogether if it stays in the soil long from analyses by Huber and Knutti (2011, p. 4), who concluded it is rate of climate change and variation to enough to kill emerging seedlings. We extremely likely that approximately 75 which a species is exposed, its have no evidence that this type of percent of global warming since 1950 sensitivity, and its adaptive capacity application has affected Texas golden has been caused by human activities. (Intergovernmental Panel on Climate gladecress populations to date. Scientists use a variety of climate Change 2007a, p. 89; Glick et al. 2011, Based on our review of the scientific models, which include consideration of pp. 19–22). There is no single method information, we conclude that using natural processes and variability, as for conducting such analyses that preemergent herbicides such as Grazon® well as various scenarios of potential applies to all situations (Glick et al. P+D that persist in the soil for brush levels and timing of GHG emissions, to 2011, p. 3). We use our expert judgment control constitute a threat to Texas evaluate the causes of changes already and appropriate analytical approaches golden gladecress’s emerging seedlings. observed and to project future changes to weigh relevant information, including

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uncertainty, in our consideration of in the north, although extremes like 0 °F contributed to isolation and endemism various aspects of climate change. (¥18 °C) and 110 °F (43 °C) are in the glade flora. As is the case with all stressors that observed occasionally. The highest A warmer climate with more frequent we assess, even if we conclude that a reported eastern Texas temperature was droughts, but also extreme precipitation species is currently affected or is likely 118 °F (48 °C) in Collin County in 1936 events, may adversely affect Texas to be affected in a negative way by one (Bomar 1995, in Diggs et al. 2006, p. 65). golden gladecress by altering the glade or more climate-related impacts, it does Average rainfall ranges from 60 in (152 habitat the species is known to occupy. not necessarily follow that the species cm) at the State’s southeastern border to It may improve habitat conditions for meets the definition of an ‘‘endangered 40 in (98 cm) at the western edge. These invasive plant species and other plants species’’ or a ‘‘threatened species’’ rainfall differences are related to (Service 2010b, p. 5), although, under the Act. If a species is listed as proximity to the warm, moist air conversely, extreme drought years may endangered or threatened, knowledge supplied by the Gulf of Mexico. The contribute to keeping woody species regarding the vulnerability of the native vegetation of this region evolved from overtaking glades by making the species to, and known or anticipated with, and is adapted to, recurrent shallow soil even more inhospitable to impacts from, climate-associated extremes (Diggs et al. 2006, p. 67). That larger plants. Godwin (2012, pers. changes in environmental conditions said, the Pineywoods region is comm., p. 1) personally observed the can be used to help devise appropriate vulnerable to even small climatic shifts drought of 2011 ‘‘pushing back’’ the strategies for its recovery. because it is ‘‘balanced’’ on the eastern edges of Weches glades and tiny saline The climate in Texas has shown a edge of a dramatic precipitation prairies. Climate extremes, especially long-term gradual warming trend; gradient. Temperature increases that are drought and low temperatures, probably pollen, plant macrofossils (fossils large projected in climate change scenarios play a bigger role in excluding enough to be seen without a will likely be associated with increases nonadapted species than average microscope), packrat middens (ancient in transpiration and more frequent conditions will (Diggs et al. 2006, p. 80). ‘‘garbage piles’’ left by rodents in the summer droughts. Decreased rainfall Because the Texas golden gladecress is genus Neotoma), and other evidence may result in an eastward shift in the a habitat specialist, being closely tied to show substantial climate changes in forest boundary and replacement of the the geology and soils on the Weches Texas over the past 15,000 years (end of Pineywoods forest with scrubland outcrops, it seems unlikely that this the last glacial period), when the mean species will be flexible in terms of ° ° (Diggs et al. 2006, p. 80). There is annual air temperature was 9 F (5 C) potential for loss of species that are shifting to new habitats if the glades cooler than present (Diggs et al. 2006, p. limited to mesic conditions of deep east become unsuitable due to lack of 73). The Texas climate is considered Texas, such as the hardwood forests winter-spring moisture. Also, if highly variable, with seasonal surrounding the Weches glades. There conditions shift in favor of nonnative precipitation patterns that dramatically may also be a northerly shift of plants, the Texas golden gladecress will increase from west to east, and southerly species based on climate likely be negatively affected. Although temperatures that increase from north to models that predict increasing the Texas golden gladecress has south (Nielsen-Gammon 2008, p.1). temperatures and, therefore, increasing survived cycles of drought in the past, Climate models predict increased evapotranspiration and decreasing as well as some years with extraordinary temperatures, and concurrent increased regional precipitation and soil moisture temperature shifts, it may have done so evapotranspiration, and decreased in a landscape where it was more (Diggs et al. 2006, p. 73). regular precipitation and soil moisture abundant and with populations in Texas (Diggs et al. 2006, p. 73), all of Although east Texas has typically distributed in closer proximity to one which would have negative received a greater amount of another. Based on our review, the best implications for Texas golden precipitation during December through scientific and commercial data available gladecress. Based on a climate model March than other regions (Neilsen- did not provide us with information developed by the United Kingdom Gammon, p. 24), future precipitation regarding the species’ seedbank, so we Hadley Center (HadCM2), temperatures trends indicate a decrease in do not know how many consecutive in Texas could increase by 3 °F (1.7 °C) precipitation toward the middle of the years of poor conditions (in terms of low in spring (range of 1–6 °F (0.6–3.3 °C)) 21st century (Nielsen-Gammon, p. 28). rainfall and high temperatures) the and about 4 °F (2.2 °C) in other seasons The timing of this precipitation is species can survive. (with range of 1–9 °F (0.6–5 °C)). crucial for the Texas golden gladecress, The best scientific and commercial Droughts are not uncommon in Texas which is dependent on late-fall-through- data available do not provide reliable (Texas Water Resources Institute 2011, spring moisture to generate the seeps predictions for future patterns of pp. 1–13). The most severe drought and pooling that it requires for precipitation and temperature that are recorded in Texas occurred in the germination, growth, and reproduction. specific to east Texas. While it appears 1950s, and in the last 15 years there Reproduction is known to be negatively reasonable to assume that climate have been widespread droughts: in impacted by drought as evidenced by change will occur within the range of 1996, 1999–2000, 2005–2006, 2007, and declines of 91 to 67 plants at the Chapel Texas golden gladecress, at this time we 2010–2011 (Texas Water Resources Hill site and 490 to 96 plants at the do not have information to indicate Institute 2011, pp. 10–12). Projections Caney Creek Glade Site 1 during the specifically how climate change may are for winter precipitation to decrease 1999–2000 droughts (Service 2010b, p. affect the species, its habitat, or by 5 to 30 percent, although it may 5; Singhurst 2011a, pers. comm.). It is responses of invasive species in these increase by 10 percent in other seasons unknown how the Texas golden habitats. (Environmental Protection Agency 1997, gladecress will respond to continued p. 2). years of drought, especially when Other Conservation Efforts East Texas is subtropical with a wide combined with other threats. Godwin Habitat conditions conducive to the range of extremes in weather (Diggs et (2012, pers. comm., p. 4) noted that Texas golden gladecress’s persistence al 2006, p. 65). Mean annual droughts have had a major effect on the are being maintained at the Chapel Hill temperatures range from 70 °F (21 °C) in distribution of biota in east Texas and population site by the landowner. Texas the south to approximately 64 °F (18 °C) hypothesized that drought has golden gladecress was an incidental

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beneficiary of a brush removal project Service 2010a). In 2001, TNC collected the gladecress, both now and in the done for white bladderpod at this site in Texas golden gladecress seeds from four future. 1995, when the private landowner, sites for cultivation, research, and long- We have also determined that the working in cooperation with the term storage, and as seed sources for damage to Texas golden gladecress Service, cleared shrubby overgrowth reintroduction work. The seeds were plants and outcrop habitat that is from his small tract of land. As a result given to Mercer Arboretum, where they associated with excavations may occur of this glade being reopened, the Texas have been in long-term storage, as well when pipelines for water, sewer lines, golden gladecress reappeared after a 10- as being used for some early gas connections to homes, and year absence (Nemec 1996, p. 5). This germination and cultivation work. The communication lines are installed. New success demonstrated that removal of species was successfully introduced power lines that are built outside of woody and weedy invaders may help into apparently appropriate habitat in established ROWs also have potential to the Texas golden gladecress seedbed to Nacogdoches County at a site located damage Texas golden gladecress germinate and the plant to emerge. approximately 30 mi (48 km) west of its populations and habitat if land-clearing Because this site experienced rapid historic range in the late 1980s, where activity and heavy equipment directly reinvasion of shrubs, repeated it grew and reproduced through 2011, cross occupied outcrops. Although we maintenance was required to keep the when it was eradicated by construction acknowledge that these activities site open, and the landowner has of a pipeline. The success of this constitute potential threats to the voluntarily continued to mow or reintroduction project may bode well for species and its habitat, we do not know bushhog at least once per year future efforts to increase the numbers of where service improvements are (Singhurst 2012f, pers. comm.). As a populations by reintroductions or planned within the range of the species result, the Texas golden gladecress and introductions to new sites. or the number of these types of projects bladderpod were still seen to occupy that are planned for the future. this site as recently as February 2012 Summary of Factor A Texas golden gladecress also faces threats throughout its range from (Singhurst 2012f, pers. comm.). The threat that has the most Within the past several years, the competition for light and nutrients from significant impacts to Texas golden Service’s Partners for Fish and Wildlife both native and nonnative, invasive, gladecres populations is the loss and Program has funded a habitat restoration woody plants, including the nonnative degradation of habitat. Specifically, project involving brush clearing and Macartney rose. We have determined surface quarrying of glauconite and the planting of white bladderpod in a glade that the extant populations will decline at a privately owned tract in San exploration and development of oil and or become extirpated unless they are Augustine County. It was also hoped natural gas wells and associated roads periodically maintained to remove that Texas golden gladecress would and pipelines have destroyed 50 percent invading trees and shrubs. Additionally, benefit from this project, but the species of the known populations between the herbicides used to control Macartney has not been detected at the site to date. mid-1990s and 2011. The threats from rose may be a threat to the Texas golden A past conservation effort proved that quarry development are likely to gladecress if applied to or persisting in there is some potential to reintroduce or continue, as glauconite is currently in the soil during the species’ period of create new populations of Texas golden demand for road bed and well pad growth, from late fall through early gladecress. The species was successfully construction, as well as for use in summer. introduced via seed into apparently fertilizer and as an animal feed additive. A recent, ongoing trend in local land appropriate habitat in Nacogdoches For the past several years, energy use is the conversion of open pasture to County at a site located approximately exploration and production, especially pine plantations. However, densely 30 mi (48 km) west of its historic range natural gas, has been active due to planted pine trees may degrade the in the late 1980s, where it continued to development of the natural-gas-bearing species’ habitat due to competition for grow until 2011, when a pipeline Haynesville Shale, which underlies the light and nutrients and by contributing excavation eliminated the population. entire range of Texas golden gladecress. masses of leaf litter onto formerly The success of this introduction effort For the four remaining populations, sparsely vegetated glades. was a positive indication of possibilities these activities pose ongoing threats Finally, the information regarding to augment existing population sites or because we cannot predict whether new climate change is not yet specific introduce Texas golden gladecress into pipelines, well pads, roads, or quarries enough for us to determine the potential other currently unoccupied but suitable are planned for the areas where the long-term effects to the Texas golden habitat sites to form new populations. populations occur. The populations of gladecress’s habitat. However, long-term In addition to habitat projects, the Texas golden gladecress are found drought has negatively affected and will Service funded several projects with mainly on privately owned land where likely continue to negatively affect the TNC, including one that provided for 3 no level of protection for the plants is reproduction and germination of Texas years of status surveys for Texas golden guaranteed. Portions of two extant golden gladecress seeds. gladecress and white bladderpod. These populations extend into SH ROWs surveys, completed in 2006, were the where TXDOT has the ability to provide B. Overutilization for Commercial, sole source of population numbers for some protections but only for those few Recreational, Scientific, or Educational these species for several years. TNC also plants that are on the ROW. Much of the Purposes attempted to identify appropriate glade species’ potential habitat throughout its Limited collection of Texas golden habitats in which Texas golden range occurs on private lands that have gladecress has occurred for scientific gladecress and white bladderpod might not been surveyed; therefore, the current purposes; only voucher specimens and be found using GIS data (aerial, geology, level of threats across these lands several seed collection events are and hydrology sources) (Turner 2000 cannot be assessed. The excavation documented. Dr. Elray Nixon collected pers. comm.), but follow-up site visits activities associated with surface seed in 1987, and successfully created a showed little Weches habitat and no quarrying of glauconite and oil and gas new population when he introduced the new Texas golden gladecress development are threats that have seed onto an outcrop in Nacogdoches populations at what appeared to be significant impacts to the known extant County. TNC collected seed at four sites suitable sites (Turner 2003, p. 4, in populations and associated habitats of in 2001, and contributed these seed

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collections to Mercer Arboretum, a this language to require the Service to Currently, Texas golden gladecress is participating institution in the Center consider relevant Federal, State, and not protected by State or Federal laws. for Plant Conservation, in 2002 (Tiller tribal laws, regulations, and other such All of the populations occur on private 2013, pers. comm., p. 1). Mercer mechanisms that may minimize any of property even though portions of those maintained some in long-term storage the threats we describe in threat populations extend onto SH ROWs; the and planted some in germination trials. analyses under the other four factors, or ROW portions of these populations are There are no records of any collections otherwise enhance conservation of the miniscule. As such, the existing of seeds or other plant materials in the species. We give strongest weight to regulatory mechanisms are inadequate last few years. Because these collections statutes and their implementing to address the threats to the species. were limited, we do not believe that this regulations and to management activity constitutes a threat to the direction that stems from those laws and E. Other Natural or Manmade Factors species. There is no information to regulations. An example would be State Affecting Its Continued Existence suggest that Texas golden gladecress is governmental actions enforced under a Small Population Size collected for commercial, recreational, State statute or constitution, or Federal The Texas golden gladecress remains or educational purposes, and we have action under statute. in only three small populations. Small Having evaluated the significance of no reason to believe that this factor will populations can be prone to extirpation, the threat as mitigated by any such become a threat to the species in the especially if a series of drought years conservation efforts, we analyze under future. Therefore, based on our review greatly reduces seed production and of the best available scientific and Factor D the extent to which existing depletes the soil seed bank. The Service commercial information, we conclude regulatory mechanisms are inadequate (1992, p. 8) noted that for a species like that collection or overutilization of to address the specific threats to the the white bladderpod, with only small Texas golden gladecress is not currently species. Regulatory mechanisms, if they populations and wide natural annual a threat to the species, nor do we expect exist, may reduce or eliminate the fluctuations in plant numbers, as well as it to become a threat in the future. impacts from one or more identified threats. In this section, we review fragmented habitat across its range, C. Disease or Predation existing State and Federal regulatory recolonization after a population loss Our review of the best available mechanisms to determine whether they would require long-distance seed scientific and commercial information effectively reduce or remove threats to dispersal. Although we have no regarding disease in Texas golden the Texas golden gladecress. information regarding the Texas golden gladecress does not indicate that disease The greatest threats to the Texas gladecress’s seed dispersal patterns or or predation are issues for this species. golden gladecress include loss of habitat distances, we do know that the Texas There is no information regarding and the plants themselves due to actions golden gladecress’s habitat is predation by wildlife on the species. that remove the substrate under the exceedingly fragmented, with fewer and Grazing is ongoing across the range of populations or that cover them up. smaller known populations than the the Texas golden gladecress and occurs These types of actions have been bladderpod, and farther distances on portions of all extant population associated with quarrying of glauconite; between populations. This makes the sites; however, there is no information construction related to natural gas and prospects for recolonization after a to document that cattle eat Texas golden oil exploration and production; potential loss of a Texas golden gladecress. No studies have been conversion of native glades or pastures gladecress population very remote. conducted to investigate the effect of with glades and outcrops to other land Small populations can also be prone grazing or herbivory specifically on uses, most recently planting to pine to extirpation from a single adverse Texas golden gladecress. George (1987, plantations; installation of service lines; natural or manmade event. The p. 17) studied the herbaceous flora of and potentially herbicide applications population at the Chapel Hill site is a three Weches outcrops in San Augustine for purposes of controlling the invasive good example of this vulnerability. Carr County and saw little grazing within his Macartney rose. (2005, p. 2) reported that Texas golden study plots although cattle were present Existing State and Federal regulations gladecress habitat was extremely limited at all three sites. Therefore, based on our that might help conserve rare species on at Chapel Hill and that the numbers of review of the best available scientific SH ROWs, including avoidance or Texas golden gladecress plants would and commercial information, we minimization of habitat destruction, as also always be restricted by the small conclude that disease and predation on well as regulations that would protect size of the available habitat. He Texas golden gladecress, including plants from herbicide applications, are concluded that the population was so predation associated with grazing, are requirements only for already listed small that a single adverse event could not currently threats to the species, nor species; therefore, these regulations do extirpate the species from this location. do we expect disease or predation to not apply to Texas golden gladecress. Of The small population size and the small become a threat in the future. the two Texas golden gladecress number of extant populations of Texas populations that occur in ROWs, the golden gladecress increases each D. The Inadequacy of Existing federally listed white bladderpod is population’s vulnerability to the threats Regulatory Mechanisms only found at one site (Caney Creek that have significant impacts described Under this factor, we examine Glade Site 1). Although the Texas under Factor A. Low numbers of plants, whether existing regulatory mechanisms golden gladecress plants at the Caney confined to very small areas, can be are inadequate to address the threats to Creek Glade Site 1 do extend into the totally eradicated by actions such as the species discussed under the other TXDOT-maintained ROW, the majority installation of pipelines; excavation of factors. Section 4(b)(1)(A) of the Act of the plants are on the adjacent private mines; or construction of well pads, requires the Service to take into account land, so any protections offered by the roads, or other types of construction. ‘‘those efforts, if any, being made by any State would apply to very few of the The remaining Texas golden gladecress State or foreign nation, or any political plants. Likewise, no existing regulations occurrences are so small that they can subdivision of a State or foreign nation, protect the species on privately owned fall completely within the footprint of to protect such species. . .’’. In relation land, where most of the remnant Texas one well pad, or even within the width to Factor D under the Act, we interpret golden gladecress is found. of a pipeline excavation. Small

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population size also increases the risk of being limited to only a few remaining and leaf litter accumulation from pine total loss of populations due to contact populations that contain very small tree plantings because these threats are with herbicides or shading and leaf numbers of individual plants with a likely to affect the entirety of any given litter accumulation from pine tree distribution restricted to extremely occurrence. The high incidence of plantings because these threats are small areas of outcrop. The species’ Macartney rose invasion within the likely to affect the entirety of any given current, reduced occurrences across a Texas golden gladecress’s range could occurrence. Sustained drought may range that has been highly fragmented increase the species’ likelihood of reduce the reproductive effort of a by past and ongoing human activities exposure to herbicides associated with population, and this can lead to an increase its vulnerability. With only Macartney rose-control projects. overall decrease in fitness for the three remaining populations, loss of an The overgrowth of many glade remaining populations. Reduced entire population could be catastrophic habitats by woody shrubs, particularly reproductive effort affects the seed bank, for this species’ long-term viability. Macartney rose and Chinese privet, which represents the reproductive Therefore, based on our review of the within the range of Texas golden capacity of each Texas golden best available scientific and commercial gladecress also puts these few small gladecress population. The combined information, we conclude that the small populations at an increased risk of effects of drought, impacts from oil and number of remaining populations, all of genetic isolation if the plant is forced gas development, herbicide treatment, which are small in size, in conjunction into dormancy by hostile conditions on shading, and competition place the with the threats described under Factor the glade. Sustained drought could also remaining three populations at a high A, constitutes a threat to the species and reduce the reproductive effort of a risk of extinction, exacerbated by their greatly exacerbates other the threats we population, and this can lead to an small population size and narrow identify above for this species. overall decrease in fitness for the distribution. Conservation Efforts To Reduce Other remaining populations. Reduced In addition to increasing vulnerability reproductive effort affects the seed bank, to direct threats such as pipeline Natural or Manmade Factors Affecting Its Continued Existence which represents the reproductive construction, small population size can capacity of each Texas golden result in a decrease in genetic diversity We have several examples of gladecress population. due to genetic drift (the random change voluntary conservation efforts that are The combined effects of drought, in genetic variation in each generation) currently underway, or which took impacts from oil and gas development and inbreeding (mating of related place in the past, that directly, or or other excavations, herbicide individuals) (Antonovics 1976, p. 238; indirectly, assist the Texas golden treatment, shading, and competition Ellstram and Elam 1993, pp. 218–219). gladecress by addressing the impacts of place the remaining three populations at Genetic drift can decrease genetic habitat loss and degradation, or low a high extinction risk, and this is variation within a population by population and individual plant exacerbated by their small population favoring certain characteristics and, numbers. See description under the size and very restricted geographic thereby, increasing differences between Factor A analysis, above. distribution. populations (Ellstram and Elam 1993, Cumulative Effects From Factors A Determination pp. 218–219). This increased difference Through E between populations can diminish a Standard for Review species’ ability to adapt to the selective As described above under Factor E, pressures of a changing environment Texas golden gladecress’s small Section 4 of the Act, and its (Newman and Pilson 1997, p. 360; population size and the small number of implementing regulations at 50 CFR part Ellstrand 1992, p. 77). Self-fertilization extant populations increase each 424, set forth the procedures for adding and low dispersal rates can cause low population’s vulnerability to the species to the Federal Lists of genetic diversity due to inbreeding significant threats described under Endangered and Threatened Wildlife (Antonovics 1976, p. 238; Barrett and Factor A. Small numbers of plants, and Plants. Under section 4(b)(1)(A), the Kohn 1991, p. 21). confined to very small areas, can be Secretary is to make endangered or Although we do know that Texas extirpated by actions such as threatened determinations required by golden gladecress exists in small installation of pipelines; excavation of subsection 4(a)(1) solely on the basis of populations in a fragmented landscape, mines; or construction of well pads, the best scientific and commercial data we do not know whether these roads, or other types of construction. available to her after conducting a remaining populations are peripheral to The remaining Texas golden gladecress review of the status of the species and what may have been a historically larger populations are so small that they can after taking into account conservation range. Although we might infer fall completely within the footprint of efforts by States or foreign nations. The inbreeding is occurring in gladecress one well pad, or even within the width standards for determining whether a based on the species’ isolated of a pipeline excavation. This has been species is endangered or threatened are occurrences and ability to self-fertilize, the case for four of the eight Texas provided in section 3 of the Act. An the best scientific and commercial data golden gladecress populations ever endangered species is any species that available do not describe genetic documented; three of these were is ‘‘in danger of extinction throughout diversity exhibited by the species. extirpated due to quarry excavation all or a significant portion of its range.’’ between the late 1980s and the mid- A threatened species is any species that Summary of Factor E 1990s. The continued threat of is ‘‘likely to become an endangered Texas golden gladecress is a extirpation of populations to excavation species within the foreseeable future historically rare species with some projects continues, as evidenced by the throughout all or a significant portion of adaptations, such as a mixed mating loss of the fourth population (the its range.’’ Per section 4(a)(1) of the Act, system, that help to alleviate part of the introduced population) to a pipeline in reviewing the status of the species to inherent risks of small population size. installation as recently as 2011. determine if it meets the definition of The continued existence of Texas Small population size also increases endangered or threatened, we determine golden gladecress is negatively the risk of total loss of populations due whether any species is an endangered impacted by natural factors including to contact with herbicides or shading species or a threatened species because

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of any of the following five factors: (A) of 4.5 mi (7.2 km) and 7 mi (11.3 km), which the Secretary of the Interior can The present or threatened destruction, respectively, between the northern reasonably rely on predictions about the modification, or curtailment of its (Caney Creek Glade Site 1), central future in making determinations about habitat or range; (B) overutilization for (Chapel Hill), and southern (Geneva) the future conservation status of the commercial, recreational, scientific, or populations. All three extant species. A key statutory difference educational purposes; (C) disease or populations are small in terms of areal between an endangered species and a predation; (D) the inadequacy of extent and number of individual plants. threatened species is the timing of when existing regulatory mechanisms; and (E) The remaining three sites cover less a species may be in danger of extinction other natural or manmade factors than 1.2 ac (0.5 ha). The loss of any of either now (endangered species) or in affecting its continued existence. the known populations further reduces the foreseeable future (threatened the ability of the species as a whole to species). Listing Status Determination withstand additional threats. Because of the fact-specific nature of Based on our review of the best The remaining small, isolated Texas listing determinations, there is no single available scientific and commercial golden gladecress populations are metric for determining if a species is ‘‘in data, we conclude that the Texas golden particularly susceptible to extirpation danger of extinction’’ now. In the case gladecress is currently in danger of from habitat loss and degradation of the Texas golden gladecress, the best extinction throughout all of its range (Factor A). The main sources of habitat available information indicates that, and, therefore, meets the definition of loss and degradation include while a major range reduction (that is an endangered species. This finding, construction of glauconite mines, the overall geographic extent of the explained below, is based on our construction of pipelines, and invasive species’ occurrences) has not happened, conclusions that the severity of threats woody plants. Glauconite mines and habitat destruction has resulted in is high and occurs throughout the range pipelines remove the habitat and the significant loss of populations and of the species. The Texas golden overlying Texas golden gladecress reductions in total numbers of gladecress has demonstrated some plants, which eliminates the entire individuals. These losses are ongoing, as ability to survive certain events (dozing glade or alters hydrology of glades at least one population was lost due to and drought) likely due to persistent nearby; allow the invasion of the open, a pipeline installation within the last 3 seed bank and some ability to tolerate sunny glade habitats by native and years and three populations were lost small population sizes likely due to self- nonnative woody and weedy species; between 1994 and 2011 due to quarry fertilization. However, it shows little to and can prompt the planting of pine mining. Because the types of human no ability to survive or tolerate other trees in close proximity to occupied activities that have contributed to the impacts (quarry mining and pipelines). glades, which reduces sunlight and losses of Texas golden gladecress Further, although somewhat able to increases leaf litter. Drought decreases populations are continuing to occur persist in the face of past naturally seed production. Successive years of across the species’ range, we anticipate occurring stochastic events, the species drought could lead to further declines in that future losses of the remaining is currently highly vulnerable due to the the numbers of plants, or perhaps total populations are likely to occur. limited distribution of populations loss of Texas golden gladecress Additionally, degradation of the species’ across its range and to the specific populations, if no growth or habitat across its entire range is habitat requirements needed to support reproduction occurs over this extended continuing as woody and weedy plants the species. We find that the Texas time period, a circumstance that could overrun glade sites. Further, an increase golden gladecress is at an elevated risk be exacerbated by climate change. in the number and duration of drought of extinction now, and there is no In addition to the individual sources events is projected to continue. Without information to suggest that the species’ of habitat loss and degradation under substantial conservation efforts, this status will improve without significant Factor A, and small, isolated trend of population loss is expected to conservation intervention. We, populations under Factor E, the continue and result in an elevated risk therefore, find that the Texas golden cumulative effects of the multiple of extinction of the species. The narrow gladecress meets the definition of an stressors are acting on populations such endemism of the species, with its small endangered species under the Act. that the effects on the Texas golden geographic range, increases the risk for On the basis of our biological review gladecress, as well as the immediacy of the species that stochastic events (e.g., documented in this final rule to list the these threats, are significant throughout drought) will affect all known extant Texas golden gladecress, we find the the species’ entire current range. The populations, putting the Texas golden species is vulnerable to population small and limited number of remaining gladecress at a high risk of extinction. extirpations due to its specialized populations act in concert with the Under the Act and our implementing habitat requirements; restricted threats under Factor A and E. These regulations, a species may warrant geographic distribution; moisture factors pose imminent threats to the listing if it is endangered or threatened regime requirements; small, isolated species because they are ongoing. The throughout all or a significant portion of populations; and few remaining current conditions of small and isolated its range. The threats to the survival of populations (Factors A and E). The populations reduce the ability of any this species occur throughout its range species is endemic to Weches glade given Texas golden gladecress and are not restricted to any particular habitat, which is scattered or patchy population to endure such adverse significant portion of its range. across the landscape. Its historic range events, and natural recolonization Accordingly, our assessments and does not extend farther than following local extirpations is determinations apply to this species approximately 12 miles (19 km) from considered unlikely in most cases. throughout its entire range. the most southeastern to the most We evaluated whether the Texas In conclusion, as described above, the northwestern documented locations, golden gladecress is in danger of Texas golden gladecress has and all occurrences were located within extinction now (i.e., an endangered experienced significant reductions in a 3.1-mile-wide (5-km-wide) band species) or is likely to become in danger population numbers (based on habitat around SH 21. The extant populations of extinction in the foreseeable future loss and degradation). The Texas golden exhibit a high degree of isolation, being (i.e., a threatened species). The gladecress is especially vulnerable to separated from each other by distances foreseeable future refers to the extent to impacts due to its life history and

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ecology. The species is also subject to 269). Chinese tallow tolerates a range of respectively (Walker 2012, p. 2). significant current and ongoing threats. habitat conditions, including full Without active or effective management, After a review of the best available sunlight and shade, and both flooding Chinese tallow can reproduce quickly, scientific information as it relates to the and drought-stricken habitats (USGS out-shading Neches River rose-mallow status of the species and the five listing 2000, p. 1). These features allow and other native woody vegetation and factors, we find the Texas golden Chinese tallow to dominate certain limiting its water and nutrient gladecress is in danger of extinction habitats. Butterfield et al. (2004, p. 338) absorption. Only select sites are being now. Therefore, on the basis of the best also found that Chinese tallow grew actively managed for Chinese tallow, available scientific and commercial faster than native species found within but the species has not been information, we are listing the Texas the Neches River rose-mallow habitat, successfully eradicated at any of the golden gladecress as an endangered such as loblolly pine, water tupelo sites. This threat has led to declines at species, in accordance with section 3(6) (Nyssa aquatica), blackgum (N. all Neches River rose-mallow sites. of the Act. We find that a threatened sylvatica), and sweetgum, which occur Therefore, based on the best scientific species status is not appropriate for the in both perennially and intermittently and commercial data available on this Texas golden gladecress because the wet habitats. Without management, the invasive, we conclude that invasion threats to the species are occurring now Chinese tallow has the ability to shade from Chinese tallow is a threat across and are expected to continue into the out, out-grow, and limit water and the species’ range. future such that overall risk of nutrient absorption to Neches River Coastal bermudagrass is not typically extinction is high at this time. rose-mallow and its native vegetative found within the wetland habitats that associated species. the Neches River rose-mallow prefers, Neches River Rose-mallow While there are methods to control but three sites have persisting stands of A. The Present or Threatened Chinese tallow, these methods are labor coastal bermudagrass: The Texas Land Destruction, Modification, or intensive, expensive, and limited in Conservancy site, SH 204 ROW (Walker Curtailment of Its Habitat or Range their effectiveness. Burning, 2012, pers. comm.), and SH 94 or Boggy mechanical, and chemical (herbicide) Slough (Allen 2011a, pers. comm.). Site Neches River rose-mallow is a means can be used to control Chinese visits to east Texas that included these nonwoody, flowering perennial found tallow; however, prescribed fire has three sites in August 2012, did not within seasonally or regularly produced complex and highly variable exhibit reduced numbers of Neches inundated sloughs, oxbows, terraces, results in Chinese tallow and may not River rose-mallow due to coastal sand bars, and bottomlands. The Neches be an effective management tool (Grace bermudagrass. Bahiagrass has not been River rose-mallow is endemic to 1998, entire; Grace 2011, pers. comm.). found at any Neches River rose-mallow relatively open habitat with hydric The Davy Crockett NF is establishing a sites. alluvial soils (water-saturated soils). regular burn cycle of 3–4 years for all Coastal bermudagrass is an Sites are found within the Neches, compartments containing the Neches introduced bermudagrass cultivar that Sabine, and Angelina River basins and River rose-mallow to control Chinese has been widely planted in the southern the Mud and Tantabogue Creek basins tallow and to mimic the historical fire United States for livestock forage. It is of five counties within east Texas. regimes of the Coastal Plain (Landers et adapted to a wide range of soil types Nonnative Species al. 1990, p. 136). The Davy Crockett NF and climates and tolerates both drought Revised Land and Resource and periodic inundation (Burton and Nonnative plant species are a constant Management Plan for National Forests Hanna 1985, p. 247), much like the threat to native flora throughout the and Grasslands in Texas (specific to the conditions of Neches River rose-mallow Gulf coast prairies of Texas and streamside Management Area 4 where habitat. In drier climates, this cultivar Louisiana (McCormick 2005, p. 23). A the Neches rose-mallow occurs) allows will thrive along irrigation ditches and primary threat to the Neches River rose- for mechanical means and prescribed streambeds, agricultural fields, and mallow is the ongoing encroachment of fire to maintain the native plant roadside areas (Burton and Hanna 1985, nonnative and native woody species community but prohibits the use of p. 247). into its generally open, intermittent or chemical agents (herbicides) unless Due to its hybrid origin, coastal perennial wetlands. We considered the applied by hand or through nonaqueous bermudagrass produces very few viable potential threat from three nonnative form within 100 feet (30.5 m) of the seeds and is established by planting species, Chinese tallow, coastal Neches River rose-mallow (United sprigs (rhizomes and stolons) (Stichler bermudagrass, and bahiagrass (Miller States Department of Agriculture 1996, and Bade 2012, p. 1); however once 2011, pers. comm.). Based on the best p. 154). Despite the available established, coastal bermudagrass tends scientific and commercial data management actions, Chinese tallow to produce dense monocultures where available, the Chinese tallow is an remains at all USFS sites. Current native species cannot persist. A lack of ongoing threat to the Neches River rose- mowing activities along ROWs may management, including mowing, could mallow, but coastal bermudagrass and abate some growth of Chinese tallow, allow coastal bermudagrass to bahiagrass are not threats at this time. but management actions on these sites monopolize Neches River rose-mallow Chinese tallow was introduced to the should also be evaluated for their habitats such that the bermudagrass United States in the 1700s from China effectiveness. Chemical methods are not would out-compete the rose-mallow for (McCormick 2005, pp. 7, 8). With the being used to control Chinese tallow. water and nutrients and could out-shade ability to reproduce quickly, reach The invasion from nonnative Chinese the Neches River rose-mallow. Along reproductive maturity in as little as 3 tallow tree has historically been a threat ROWs, coastal bermudagrass and years, and remain reproductively to the Neches River rose-mallow and bahiagrass are often included in mature for at least 60 years (United continues to be a threat. Chinese tallow mixtures to re-seed ROWs in east Texas States Geological Survey (USGS), 2000, occurs at all Neches River rose-mallow (Adams 2013c, pers. comm.). The p. 2) to 100 years (Gan et al. 2009, p. sites (Miller 2011, pers. comm.) at wetter, low-lying areas of the ROW 1346), Chinese tallow can produce an varying densities and was found to be where Neches River rose-mallow exists abundance of seed annually (Potts 1946, most prevalent at SH 94 and are not generally planted with coastal p. 375; Conway et al. 2000, pp. 268– compartment 16, Davy Crockett NF, bermudagrass. TXDOT also mows along

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ROWs, potentially diminishing any limit the abundance of these native tree Neches River rose-mallow did not show possible encroachment as coastal species. Two of the four sites were on impacts. bermudagrass and bahiagrass have not ROWs, and prescribed burning is not a On another private land site, The been observed to cause declines in any widely accepted method of ROW Texas Land Conservancy site (referred Neches River rose-mallow population. maintenance. On the other two sites, to as the Lovelady site in Table 4, The threat from coastal bermudagrass prescribed burning had not been above), Neches River rose-mallow plants and bahiagrass can have potential implemented. The TXDOT mows these were once observed lining the perimeter impacts to native plants. However, only ROW sites, but mowing does not appear of a flatwoods pond. However, after three sites have coastal bermudagrass, to be an effective management tool 2003, when a stock pond was and bahiagrass is not present at any of because these sites have both historic constructed (TXNDD 2012a, p. 18) in the sites. It does not appear that Neches and current observations of native what was likely part of an overflow River rose-mallow has been negatively species encroachment. channel from Tantabogue Creek, the impacted by either species as of yet or Four of the 11 sites are impacted by natural surface hydrology was altered by will likely be impacted in the near native species, the current management retaining overflow, preventing it from future. Therefore, based on the best techniques are not adequate for control draining south to the site containing scientific and commercial data available of native species, and effective Neches River rose-mallow plants. The on coastal bermudagrass and bahiagrass, techniques need to be investigated. Texas Land Conservancy was and the lack of any observed impacts to Therefore, based on the best scientific considered a robust population; the Neches River rose-mallow, we and commercial data available, the however, in 2011, the Service and conclude that they are not threats to the effects of native encroachment by these TPWD botanists only observed 539 Neches River rose-mallow across its species pose an ongoing threat to the Neches River rose-mallow stems, most range. Neches River rose-mallow. of which were in relatively poor condition (Miller 2011, pers. comm.). Native Species Hydrological Changes All four Davy Crockett NF sites Historical and current encroachment Habitat where Neches River rose- (compartments 55, 16, 11, and 20) from native species has been observed mallow is found includes both censused in 2011 were completely dry in Neches River rose-mallow habitat. intermittent and perennial wetlands except for compartment 20, where a Two species, sweetgum and green ash along oxbows, sloughs, terraces, sand small pond to the south drains into the (Fraxinus pennsylvanica), are native, bars, and other low-lying areas in compartment (Miller 2011, pers. deciduous trees of east Texas that have habitats with minimal standing water. comm.). Compartment 16 had altered been found at all Neches River rose- Wetlands are ecological communities hydrological changes. In 2000, when the mallow sites (Miller 2011, pers. comm.). with hydric (flooded or saturated) soils. Neches River rose-mallow was Four Neches River rose-mallow Many wetland species, including the introduced into a wetland on this populations monitored in 2011 were Neches River rose-mallow, are adapted compartment, a beaver dam was overgrown with sweetgum and green to highly variable rates of water flow, present. When the dam broke in 2002, ash (Miller 2011, pers. comm.; TXNDD including seasonal high and low flows, water infiltrated the site, and the 2012a, pp. 1–11, 20–28). About 36 and occasional floods and droughts. For original hydrology was altered (TXNDD percent (4 of the 11) of the Neches River example, the Neches River rose-mallow 2012a, p. 44). Plant numbers decreased rose-mallow’s populations are impacted likely requires high precipitation and from 450 to 43 plants. It is unclear if by competition and shading from native flowing water or flood events to this decrease in plants was due directly sweetgum and green ash trees. disperse seed (Warnock 1995, p. 20; to the loss of the beaver dam; this needs Sweetgum is found on a variety of Scott 1997, p. 8; Reeves 2008, p. 3), and further research. The pine-oak forest on soils but grows best on moist, alluvial although the Neches River rose-mallow adjacent private land west of clay and sandy loams of river bottoms is adapted to persisting in dry compartment 55 helps regulate the (Kormanik 2004, p. 790, in Burns and conditions during portions of the year, amount, timing, and possibly the rate of Honkala 1990). Green ash also tolerates a complete lack of water can diminish water flow into the compartment. a range of soils and in Texas is abundant seed production, range expansion, and Therefore, any alteration of the pine in clay or silty loams of floodplains genetic exchange. As Neches River rose- forest, through tree removal projects or (Johnson 1980, in Gucker 2005, p. 15). mallow habitat is so water-dependent, other habitat-altering activities, could Both species also grow in full sun to hydrological changes can have huge alter key hydrological characteristics of partially shaded habitats. Therefore, impacts. Some degree of hydrological this compartment. However, the both the sweetgum and green ash are change has been seen at most of the likelihood of tree removal projects or well adapted to the hydric alluvial soils Neches River rose-mallow sites; habitat alteration activities on adjacent and partial to open canopies that the however, information on some of the lands is unknown but likely minimal. Neches River rose-mallow needs. In the private land sites is lacking. Water development and construction absence of other competing species, At the Boggy Slough site, which is projects could also result in the sweetgum and green ash can attain large connected to the SH 94 site, natural complete loss or inundation of water at sizes (50–100 feet (15–30 m)) (Dickerson shifts of river and creek beds have left sites, threatening the Neches River rose- 2002, p. 1) and can reduce the open meandering scars and remnant oxbows. mallow. In 1978, the Angelina and canopy (Kirkman 1995, pp. 12, 15), However, several levees upstream and Neches River Authority (ANRA) thereby shading out Neches River rose- the creation of a duck hunting pond on proposed the construction of a reservoir mallow. this site have changed the natural known as Lake Columbia (previously Historically, natural fires generally landscape and flow patterns, thereby known as Eastex), in Cherokee and occurred every 1 to 3 years in east Texas converting seasonally inundated Smith Counties, Texas (ANRA 2012), to (Landers et al. 1990, p. 136; Landers wetlands to permanently flooded supply water for five surrounding 1991, p. 73) and controlled both native wetlands (Miller 2011, pers. comm.). counties (U.S. Army Corps of Engineers and nonnative species. Naturally Beaver activity, such as selective cutting (USACE), 2010, pp. 2–4, 3–43). The dam occurring wildfires or prescribed fires and damage to certain tree species, was for this reservoir would be constructed can be used as management tools to evident at the Boggy Slough site, but the on Mud Creek and would impound

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approximately 195,500 acre-feet (ac-ft) variable throughout the year, often comm.). For this project, TXDOT is (241 million cubic meters (mcm)) of becoming surficially dry during the using temporary culverts and silt water in a reservoir reaching 14 mi (22.5 summer and wet during the winter, fencing to reduce sedimentation, and km) upstream (USACE 2010, p. 1–1). Up perhaps being exposed to water year- the Neches River rose-mallow site has to 85,507 ac-ft (1,105 mcm) of water round. However, hydrological changes been fenced off to prevent access. would be diverted from the downstream that result in the complete loss or Regardless of these minimization flow of Mud Creek (USACE 2010, p. 1– inundation of water at the site threaten techniques, sedimentation was evident 1). the Neches River rose-mallow. Neches along SH 94 ROW (Walker 2012, p. 2). According to the most current project River rose-mallow, despite its name, is Potential road projects are mainly plans available in the draft not found in deeper waters, unlike other restricted to ROW easements and may environmental impact statement (EIS), a Hibiscus species, and the Neches River potentially impact three of the 11 extant habitat evaluation procedures analysis rose-mallow is thought to need water at populations. Roadwork along SH 230 is (a broad habitat-based approach to some point of its life cycle for seed occurring, and based on communication assess environmental impacts of dispersal. A complete loss of water at with the TXDOT, there will likely be proposed water and land resource any or all of the sites could restrict the only one project in road ROWs within development projects) stated that it was exchange of genetic material between the Neches River rose-mallow sites. possible for the Neches River rose- and among sites, thereby compromising These activities are currently being mallow to be in the permit area, if the species’ genetic integrity. implemented or will be in the near habitat exists; however, the analysis did Although the severity of impacts from future. As a result, the impacts to not document any Neches River rose- beaver dams to the Neches River rose- Neches River rose-mallow could be mallow in the permitted project area mallow could be high, the level of high, as an entire population could be (Walker 2011, pers. comm.; USACE exposure to this stressor is low. removed as a result of these activities. 2010, p. 4–154). The ‘‘Permitted Project Consequently, we do not consider Consequently, we conclude that SH Area’’ includes the footprint of the beaver dams a threat at this time. ROW maintenance, bridge maintenance, normal conservation pool of the However, the severity of altered and other structural projects are a threat reservoir below a certain elevation and hydrology as a whole is high and the to Neches River rose-mallow the limits of construction in the vicinity exposure of this threat is present populations now and will continue to of the dam, or a total of approximately throughout the species’ range. be a threat into the future. 10,655 acres. The ‘‘Downstream Impacts Consequently, we have determined that Silviculture Area’’ was also analyzed in the EIS. This altered hydrology is a threat now and area included the existing Mud Creek will continue to be a threat in the near- Pine plantations in east Texas are 100-year floodplain for a distance of future. established mainly on uplands that are approximately 16 miles from below the managed to mimic old fields or grassy Upgrades and Construction for ROWs, dam site to the confluence with the savannas (Fox et al. 2007, p. 340). Site Roads, Bridges, and Other Structures Angelina River (USACE 2010, p. 1–4). preparation may include anchor The extant Neches River rose-mallow Right-of-way populations are chaining, chopping, burning, root population found at the intersection of vulnerable to bridge and road raking, shearing, and disking (Balmer SH 204 ROW and Mud Creek is within expansion, new road construction, and and Little 1978, p. 60). One Neches the downstream portion of the project upgrade projects. These activities could River rose-mallow population on private that was analyzed. The SH 204 ROW impact the sites’ hydrology, soil property south of SH 230 was extirpated site is a perennial wetland where plants stability, wetland and riparian when the site was converted to a pine generally remain inundated year round; vegetation, and water quality. plantation sometime after 2003 (Poole therefore, a change in the water level at Hydrological changes, erosion, and 2011b, pers. comm.; TXNDD 2012a, pp. this site could make it unsuitable for changes in the associated native 61–67). Three additional sites in or near Neches River rose-mallow or could vegetation due to ROW and road Neches River rose-mallow populations restrict potential seed dispersal upgrades and construction projects are have shown evidence of habitat-clearing mechanisms. Drought conditions could threats to the species (as described in activities to prepare land for harvesting also exacerbate the potential threats detail in the ‘‘Nonnative Species,’’ trees, including: Adjacent land south of from this project, and the reduced ‘‘Native Species,’’ and ‘‘Hydrological the Davy Crockett NF compartment 55, downstream water flows could Changes’’ sections, above). We do not Houston County; an extirpated site completely extirpate the SH 204 ROW have information on how sedimentation located south of the extant Lovelady site (USACE 2010, p. 4–154; Heger 2012, and changes in water quality could site, Houston County; and the privately pers. comm.). impact Neches River rose-mallow; owned site at Champion, Trinity Using the best scientific and however, increased siltation within the County. commercial data available, we water column is the major pollutant of Although silviculture impacts have anticipate that the construction of the wetlands in the United States (Baker occurred in the past, the likelihood that Lake Columbia reservoir project will 1992; USEPA 1995). silviculture activities (including land- divert water downstream, thereby likely In 2005, a proposed bridge clearing activities and actual planting of dewatering the SH 204 ROW site. The replacement on SH 230 ROW would trees) will occur in the near future is agencies involved with the project are have altered approximately 4.91 ac (2 very low on the occupied units, still working on solidifying the project ha) of Neches River rose-mallow habitat including the three ROW sites and on details, and, therefore, we do not know south of the ROW and 0.07 ac (0.03 ha) the four USFS sites. In addition, the how much water will remain at this site north of the ROW (Adams 2005, p. 1), wetland habitat does not necessarily or if future water management practices but the TXDOT implemented avoidance exclude silviculture from occurring on or decisions will allow for seasonal measures. Bridge replacement and road sites, but wetlands are not usually flooding of water to this site. expansion projects are continuing along considered the best sites for pine Optimal habitat conditions for Neches SH 94 ROW, but as of 2011, had not planting. Therefore, we conclude that River rose-mallow include intermittent progressed into Neches River rose- silviculture activities are currently not a or perennial wetlands that can be mallow habitats (Adams 2011c, pers. threat to the Neches River rose-mallow.

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Herbicide Use land, all are adjacent to private lands. primary target during foraging activity, Herbicide treatments are increasingly Even though the State and the USFS do plants have been damaged. popular because they remove unwanted not actively use herbicides, private Although the Neches River rose- plant growth without causing soil landowners do. Consequently, herbicide mallow grows adjacent to permanent erosion from the site; however, overspray from private land could standing water or may occur within herbicide use increases incidents of impact all existing Neches River rose- infrequently flooded areas, this does not water pollution and aerial drift to mallow populations. The severity of limit the access of feral hogs. Further, nontarget sites (Balmer and Little 1978, herbicide use effects to the Neches River drought may enhance accessibility to p. 63). There have been several rose-mallow, in combination with Neches River rose-mallow sites, thus instances where herbicide impacts to silviculture practices, is high, as seven increasing their susceptibility to of the 11 populations have been Neches River rose-mallow plants on trampling by feral hogs. Unmanaged impacted by these activities. These ROWs and on privately owned lands feral hog populations can lead to activities are current and ongoing have been documented. Neches River increased soil disturbance and impacts threats. Consequently, exposure to rose-mallow populations may also be to the native vegetative community, herbicides is a current and near future potentially impacted by herbicides which could create prime conditions for threat to the Neches River rose-mallow. applied to pine plantations that drift nonnative species to invade. Current into the Neches River rose-mallow Trampling and Herbivory by Feral Hogs feral hog damage has been documented habitat. Normal rainfall and flood events and Cattle at four of the 11 Neches River rose- can unintentionally disperse herbicides mallow sites. Feral hogs are a present Feral hogs (Sus scrofa) were first threat and will likely continue to be a downstream, impacting individual introduced to the mainland of North plants or whole populations, depending threat in the near future. However, at America (Wood and Barrett 1979, pp. this time the severity of impacts to the on the nature of the herbicide. 237, 238) in Texas in 1542, although Neches River rose-mallow is low. Three subpopulations in Trinity large-scale introductions did not occur It is estimated that livestock grazing County along SH 230 experienced until the 1930s (Isle and Hellgren 1995, impacts from herbicide spraying. One p. 793). While these omnivores dig in has damaged 80 percent of stream and subpopulation with approximately 50 the soil in search of roots, tubers, and riparian ecosystems in the southern plants, on private property south of SH invertebrates, they can inadvertently United States (Belsky et al. 1999, p. 230, was extirpated by herbicide use cause damage to other food resources 419). The damage includes increased (Service 2010b, p. 7). Herbicide drift at and habitat. Feral hogs forage by turning sedimentation, decreased water quality, a second subpopulation along SH 230 over soil with their snouts, creating and trampling and overgrazed stream (Gordon 2009, pp. 3–4) caused the ROW mounds and depressions (Arrington et banks where succulent (high water population to decline from 14 plants in al. 1999, p. 535). Hogs transition from content) forage exists (Armour et al. 1999 (Poole 2001, p. 2) to zero plants in foraging in oak stands during winter 1994, p. 10; Fleischner 1994, p. 631; 2002 (Miller 2011, pers. comm.). months, to foraging in swamp and Belsky et al. 1999, p. 419). Trampling Herbicide damage was evident at a third marsh edges during the summer months causes soil compaction and damage to subpopulation along SH 230 ROW, and to feed on grasses, sedges, tubers, and both above- and below-ground could have been the result of herbicide roots (Wood and Roark 1980, pp. 507– vegetative plant structures and increases use by the private landowner south of 509). Feral hogs are able to travel long soil erosion (Warren et al. 1986, p. 491). SH 230 (what is now planted in pine), distances to feed, and often uproot vast Livestock owned by a neighboring but this has not been confirmed. In areas of habitat. Feral hogs reach sexual landowner were observed on The Texas 2012, a graduate student from Stephen maturity at 6 to 8 months (Wood and Land Conservancy’s Lovelady site in F. Austin State University noted Neches Barrett 1979, p. 242), and have large 2011. The Neches River rose-mallow at River rose-mallow at this site, but this litter sizes. However, uprooting of the Lovelady site suffered severe needs to be confirmed. Neches River rose-mallow has not been documented herbivory where stems had The TXDOT used herbicides to observed (Creech 2011a, pers. comm.; been eaten almost to the ground remove woody vegetation from ROWs in Miller 2011, pers. comm.). (TXNDD 2012a). The Texas Land the past (Miller 2005, pers. comm., in There are both historic and current Conservancy has attempted to exclude Service 2006, p. 7; Adams 2011c, pers. records of damage to Neches River rose- these livestock, and has proposed comm.), but mechanical clearing mallow habitat from feral hogs. Damage constructing an exclusion fence around methods have largely replaced the use of habitat by feral hogs has historically the current location of the Neches River of herbicides in these ROW areas. been recorded at Mill Creek Gardens rose-mallow population; however, Impacts from herbicide applications to (Creech 2011a, pers. comm.; Miller funding has not been secured (Dietz Neches River rose-mallow have not been 2011, pers. comm.) and on all four Davy 2011, pers. comm.). The Neches River documented at any of the four USFS Crockett NF sites. Until 2012, only rose-mallow at Lovelady is concentrated compartments. The USFS Revised Land tracks and damage to habitat have been along a low area leading into a stock and Resource Management Plan for the most noted type of destruction; pond (Miller 2011, pers. comm.). Only National Forests and Grasslands in however, current damage to Neches one of 11 sites (9 percent of the total Texas restricts the use of nonaquatic River rose-mallow plants was observed known population) has shown damage herbicides unless hand-applied (United in compartments 16 and 20 of the Davy from cattle herbivory. Trampling has not States Department of Agriculture 1996, Crockett NF, where feral hogs had been observed at the Lovelady site or p. 153). broken and flattened plants (Walker any other. Drought could exacerbate Exposure to herbicides, in 2012, pers. comm.). Large groups of feral herbivory, as was seen in the severe conjunction with silviculture activities, hogs were observed in Neches River drought of 2011, which could lead to an is a threat to the Neches River rose- rose-mallow sites within compartments increase in trampling. The immediacy mallow, as it has impacted seven of the 55 and 16 of the Davy Crockett NF and severity of herbivory to the Neches 11 populations (64 percent). While the (Walker 2012, pers. comm.). Habitat River rose-mallow is high, but the majority of Neches River rose-mallow damage is rangewide, and although exposure to herbivory is low. Therefore, populations are on State or Federal Neches River rose-mallow may not the we conclude that herbivory is not a

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threat to to the Neches River rose- from the previous 3 years of drought, International (Champion) in 1998, and mallow. including changes in leaf morphology, with Temple-Inland Forest Products dead plants at specific sites, reduced (Temple-Inland) in 2002, to conserve Natural Gas Pipelines and Well Activity seed production, and lower water levels the Neches River rose-mallow on both The Haynesville or Bossier and Eagle in perennial wetlands. In addition, one sites. The candidate conservation Ford Shale formations in east Texas are site (The Texas Land Conservancy site) agreements have expired, and private currently being developed for oil and showed evidence of herbivory by landowners are not restricted by natural gas production. The Texas livestock. The survival of Neches River guidelines outlined those agreements. Railroad Commission regulates the oil rose-mallow populations during Champion’s 5-year candidate and natural gas industry in the State of previous drought cycles may have been conservation agreement included 40 ac Texas and maintains a database with aided by its greater abundance and by (16.2 ha) of wetland and was located proposed activities. Several of the greater habitat contiguity. Loss of east of White Rock Creek in Trinity counties with known populations of habitat contiguity impedes the County (Champion site in Table 4). Neches River rose-mallow, including recolonization of sites from neighboring Management guidelines included: Houston, Trinity, Nacogdoches, and seed sources following a catastrophic Maintain 100-ft (30-m) buffer around Cherokee Counties, may be subject to loss, such as from drought. More occupied and dispersal habitat, free increased oil and natural gas frequent droughts will further from timber harvesting, site preparation, exploration in the future (Texas exasperate these impacts to the Neches and reforestation activities; minimize Railroad Commission 2012). However, River rose-mallow. hydrological alterations; inhibit filling oil and gas exploration was not With climate change projections of or pilling debris or material on observed on or directly adjacent to any warmer and more frequent droughts, populations; and apply herbicides only of the Neches River rose-mallow and more extreme precipitation events, by hand and at times of little or no wind populations that the Service observed in impacts to the Neches River rose- (Service 1998, p. 4). The Champion 2011, and currently there are no mallow will continue. The severity of property was sold to Temple-Inland in proposals near extant Neches River rose- impacts to the Neches River rose- 2001, and in 2004, the candidate mallow populations. Therefore, we mallow is high, as all populations will conservation agreement expired (Service determine that oil and natural gas be impacted. Further, this threat is 2010b, p. 9). The Temple-Inland exploration activities are not currently a current and will continue into the near candidate conservation agreement threat to the Neches River rose-mallow. future. covered an area that has a 20-ac (8.1-ha) Climate Change Other Conservation Efforts wetland with Neches River rose-mallow (Boggy Slough site in Table 4); the We discuss the topic of climate Three populations of the Neches River plants declined due to drought and change in greater detail under ‘‘A. The rose-mallow exist along SH ROWs in alteration of an onsite wetland. A Present or Threatened Destruction, Houston, Trinity, and Cherokee smaller wetland with Neches River rose- Modification, or Curtailment of Its Counties. The TXDOT and TPWD mallow plants was drained in order to Habitat or Range’’ for the Texas golden currently operate under a revised 1988 regulate water levels of the larger gladecress (which, like the Neches River memorandum of understanding (MOU) wetland, which was to be used by rose-mallow, is also found in east that governs management actions Temple-Inland for recreational hunting Texas). In summary, the consensus of targeting conservation of listed species (Service 2002, p. 3; Service 2010b, p. 9). climate models predicts that the climate and key habitats on SH ROWs that may The Temple-Inland candidate in east Texas will become warmer and potentially affect natural resources conservation agreement was valid from will experience both more frequent within facilities owned or managed by 2002–2004. Contact was made with the droughts and more extreme TPWD. Because the Neches River rose- owners, and the Service and TPWD precipitation events. Diggs et al. (2006, mallow was not a listed species, the visited the site in October 2011. Plants p. 80) states that climate extremes, MOU relates to protection of Neches appeared healthy, but nonnative and particularly drought and low River rose-mallow habitat if the native species encroachment into temperatures, have greater influence proposed projects include the following: Neches River rose-mallow habitat was than average conditions do on excluding Contains 1.0 ac (0.54 ha) of new ROW observed (Miller 2011, pers. comm.). nonadapted species. Extreme within floodplains or creek drainages; Four known sites lie within the Davy precipitation events (such as tropical requires channel modifications to Crockett NF, which is managed under storms) may adversely affect the Neches streams, rivers, or water bodies; and the Revised Land and Resource River rose-mallow by altering flow requires realignment of channels with Management Plan. The USFS considers regimes and by temporarily increasing mature woody vegetation; or projects the Neches River rose-mallow a the depth of its wetland habitat to a that may impact mature woody or native sensitive species. Actions occurring on level at which the species cannot vegetation (Texas Administrative Code USFS property must not result in a net survive. A warmer climate with more 1999, p. 4). Although a formal loss of species viability or create precipitation extremes may also mechanism via the MOU has been significant trends toward the need for increase competition from native and established to review projects and Federal listing. However, USFS nonnative invasive plant species alleviate or eliminate threats to Federal standards and guidelines in the plan are (Service 2010b, p. 8). The timing of and State-listed species and key not mandatory and do not address all precipitation is also crucial for the resources, there have not been any threats pertaining to the Neches River Neches River rose-mallow, as seed projects that fit these standards that rose-mallow. dispersal is likely dependent on flowing have been recently reviewed under the The Lovelady site is owned by The water. MOU. Texas Land Conservancy, once known Neches River rose-mallow has shown Five populations, including a portion as the Natural Area Preservation evidence of damage from drought of the SH 94 site, are located on private Association. Thirty acres (12 ha) of land conditions. In October 2011, all Neches lands. Historically, two candidate were purchased in 2004, located north River rose-mallow populations and conservation agreements were formed of SH 230 (The Texas Land Conservancy habitats showed evidence of damage between the Service and Champion 2011). Purchase of this easement on

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private land was specifically for the exacerbated by effects from other educational purposes is not a threat to conservation of the Neches River rose- threats. Additional conservation the Neches River rose-mallow and is not mallow; however, plants occur on measures that had protected habitat and likely to become one in the future. private land, and they are not offered certain actions on privately owned land C. Disease or Predation protection under the Act unless there is have expired and no longer provide a Federal nexus. However, The Texas protection to habitat of the Neches River Leaves and stems of plants in the Land Conservancy had initiated a rose-mallow. Therefore, we conclude Hibiscus family (Kroll 1991, p. 392; voluntary effort to construct a cattle- that habitat loss, destruction, and Everitt et al. 1999, pp. 177–193) are exclusion fence, but funds were lacking modification is a threat to the Neches often consumed by white-tailed deer and the project was not completed River rose-mallow rangewide both now (Odocoileus virginianus) (Moreland (Dietz 2011, pers. comm.). The and in the future. 2005, p. 48). Cattle also consume the introduced site at Mill Creek Gardens stems but typically to a lesser degree B. Overutilization for Commercial, was created in 1995, as a conservation than white-tailed deer (Everitt et al. Recreational, Scientific, or Educational easement by a private donor (Stephen F. 1999, pp. 187–193). In 1993, evidence of Purposes Austin State University 1999, p. 1), and herbivory was present at four of the 11 was used as an experimental plot to test The showy flowers produced by the Neches River rose-mallow fertilizer and mulching effects on the genus Hibiscus make it of high subpopulations at Lovelady (Warnock Neches River rose-mallow (Scott 1997, horticultural interest (Service 2010b, p. 1995, p. 18) and in 2010, at pp. 6–7). This site is informally 8) to Hibiscus enthusiasts (Warnock compartment 20 (Allen and Duty 2010, managed through mowing and burning 1995, p. 25; Poole et al. 2007, p. 265). p. 3). In 2011, at five of the 11 regimes prescribed by Stephen F. Austin Hybridization within genus Hibiscus is populations, aboveground portions of State University staff, but encroachment repeatedly done in the nursery trade the Neches River rose-mallow, mainly from native woody species has been (Creech 2011a, pers. comm.) to produce the tips, were grazed by cattle, with the observed in the past (Creech 2011c, different colored flowers and modify most intense herbivory occurring at the pers. comm.). The Neches River rose- other traits that may be of commercial Lovelady site; cattle on adjacent land mallow was last observed in 1980 at the interest. Ornamental landscaping were the likely culprit. Herbivore Harrison County site and the site has companies sell Neches River rose- consumption of plants could decrease not been revisted since then due to a mallow plants online (Creech 2011a, the reproductive success of the Neches lack of accessibility. The Neches River pers. comm.). Neches River rose-mallow River rose-mallow (Adler et al. 2001, p. rose-mallow was last observed at the plants are easy to cultivate from 1). Only at compartment 20 on the Davy Camp Olympia site in 1978. The site has cuttings, and having plants available for Crockett NF was the evidence of been revisited in 1992 and 1993, but has sale in the nursery trade reduces browsing on the flowers observed (Allen not been observed (Warnock 1995, pp. collecting pressures of the species from and Duty 2010, p. 3); however, the 6, 8; TXNDD 2012a, pp. 58–60). the wild (Creech 2011a, pers. comm.). species is able to produce secondary Introductions onto Mill Creek Gardens Plantings of Neches River rose-mallow growth, which increases and and the Pineywoods Native Plant Center into garden settings are standard, and strengthens the girth rather than the on the Stephen F. Austin State placement within close proximity to height of the plant (Strauss and Agrawal University campus have provided wild populations has not been recorded 1999, p. 179; Bailey 2006, p. 415). researchers the opportunities to study or observed. Insect damage and predation has been the species, including its affinity for Mercer Arboretum collected seed in observed on Neches River rose-mallow hybridization. Seed has also been 1993, 1994, 1996, 1997, and 2003; these plants in several populations; however, collected by the Mercer Arboretum in seeds, as well as living plants, are being regrowth of foliage after herbivory Ft. Collins, Colorado. maintained at the Mercer Arboretum incidents may indicate that the Neches (Tiller 2011, pers. comm.). A portion of River rose-mallow is adapted to Summary of Factor A the seeds collected were grown out in herbivory (Strauss and Agrawal 1999, p. Based on our evaluation of the best the Mercer Arboretum Rare and 179). Ninety percent of the first foliage available scientific and commercial Endangered Gardens, where they have of Neches River rose-mallow leaves at data, we conclude that the present loss remained; seeds and plants have not Lovelady had been consumed by insects and modification of the Neches River been transplanted back into the wild (Service 2010b, p. 8) with insect rose-mallow’s habitat is a threat that has populations (Tiller 2011, pers. comm.). predation also seen on compartment 11 significant impacts to the species’ Neches River rose-mallow seed was also plants in 2006 (Philipps 2009, p. 1). The continued survival. Threats include sent to the National Seed Storage scentless plant bug (Niesthrea competition for light and nutrients by Laboratory in Fort Collins, Colorado, for louisianica) was observed on plants in native and nonnative invasive plant long-term storage for conservation compartment 55 (Miller 2011, pers. species, altered hydrology, herbicide purposes (Ellis 2011, pers. comm.). comm.). This bug is known to deposit drift, and trampling by feral hogs. These The scientific and horticultural egg masses on stems, leaves, flower threats may be exacerbated by future communities have collected Neches parts, buds, and seed pods of Hibiscus road and bridge construction and River rose-mallow seeds and plants species (Wheeler 1977, p. 632), but to maintenance projects. We determine from wild populations; however, we also consume Hibiscus seeds (Toth that livestock grazing is not a threat to have no evidence that suggests that 2007, p. 6). Holes were observed on the species. Although silvicultural collection has depleted the seed bank or several Neches River rose-mallow plants practices have caused some prior has adversely affected populations. on all Davy Crockett NF sites (Miller impacts to the species, we do not Plants are easily cultivated, and the 2011, pers. comm.) and were likely anticipate that silviculture activities species is well established as a nursery caused by this plant bug. Larval forms will continue to be a threat. The trade plant, thereby reducing potential of the Hibiscus sawfly (Atomacera activities related to exploration and collection pressure. Based on the best decepta) can consume Neches River development of oil and natural gas wells scientific and commercial data rose-mallow seed pods in herbaria, but are not currently a threat to the species. available, we conclude that collection have not been noted to affect wild Effects of climate change may be for recreational, scientific, or populations (Wieland 1995, p. 1; Creech

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2011a, pers. comm.). However, these strongest weight to statutes and their discussion), routine fires may play a bugs are not considered a significant implementing regulations and to role in reducing Chinese tallow. Actions pest because the damage to the plants is management direction that stems from that may affect Neches River rose- minor (Toth 2007, p. 6). those laws and regulations. An example mallow habitat need to be assessed Changes in precipitation are not well would be State governmental actions using these standards and guidelines understood in relationship to insect enforced under a State statute or because these are considered regulations herbivory (Bale et al. 2002, p. 2). constitution, or Federal action under that need to be followed (Philipps 2012, Drought conditions may exacerbate statute. pers. comm.). The encroachment of consumption of the vegetative and floral Having evaluated the significance of nonnative and native vegetation in parts if other food resources within the the threat as mitigated by any such Neches River rose-mallow habitat is not plant community become scarce. conservation efforts, we analyze under addressed in the Revised Land and Temperature shifts related to climate Factor D the extent to which existing Resource Management Plan for National change may trigger corresponding insect regulatory mechanisms are inadequate Forests and Grasslands in Texas; population shifts. Impacts from insect to address the specific threats to the however, the application of prescribed population shifts cannot be predicted; species. Regulatory mechanisms, if they fire in some areas may benefit the however, if conditions favor the growth exist, may reduce or eliminate the Neches River rose-mallow. of insect populations, the effects of impacts from one or more identified The Neches River rose-mallow is insect herbivory on the Neches River threats. In this section, we review considered by the USFS to be a sensitive rose-mallow could increase. Drought existing State and Federal regulatory species on the Davy Crockett NF. A could exacerbate the consumption of mechanisms to determine whether they sensitive species is defined as one not leaves and stems if preferred plants effectively reduce or remove threats to yet warranting listing as an endangered were not available, but we conclude that the Neches River rose-mallow. or threatened species, but which is ungulate (hoofed animal) herbivory is Davy Crockett NF lands are federally sufficiently rare that its future survival an insignificant stressor to the Neches owned and managed by the USFS for is of concern (USFS Manual 2670, River rose-mallow. the general public. Four populations of 2005). The management objectives the Neches River rose-mallow occur on described in USFS Manual 2670 are to Summary of Factor C the Davy Crockett NF. The Davy develop and implement management Mammalian herbivory has affected the Crockett NF classifies the Neches River practices to ensure that species do not majority of sites; however, grazing rose-mallow as a Regional Forester’s become endangered or threatened pressures are largely attributed to the Sensitive Species (Philipps 2012, pers. because of USFS actions, including: lack of other available food resources comm.), and habitat is within Maintain viable populations of all during periods of drought. Neches River Management Area Zone 4, according to native and desired nonnative wildlife, rose-mallow recovers quickly from the Revised Land and Resource fish, and plant species in habitats herbivory incidents and can produce Management Plan for National Forests distributed throughout their geographic secondary growth, minimizing the and Grasslands in Texas (USDA 1996, range on NF System lands; and develop overall negative effects of mammalian entire). This management zone includes and implement management objectives herbivory. This type of herbivory is not the bed, bank, and water resources of for populations or habitat of sensitive considered to be a threat to the species. the rivers, perennial and intermittent species or both. Application of USFS Insect herbivory was also observed on streams and wetlands, and their Manual 2670 standards are only several of the sites and was not adjacent areas (United States guidelines, and are not mandatory. rangewide, but, with anticipated climate Department of Agriculture 1996, p. 145). However, the USFS must consider the change shifts in temperature and the This area is managed to maintain the effects of their actions on the viability likelihood that insect populations will role and function of aquatic, riparian, of sensitive species through the National increase, we conclude that insect and wetland ecosystems while Environmental Policy Act (NEPA; 42 predation is a minor stressor that will providing opportunities for compatible U.S.C. 4321 et seq.) process. As defined likely continue into the future, but it is multiple uses and will be managed to by USFS policy, actions must not result not a threat to the species. meet recommendations stated in the in loss of species viability or create Texas Wetland Plan (TPWD 1988) and D. The Inadequacy of Existing significant trends toward the need for Best Management Practices established Regulatory Mechanisms Federal listing. This designation does by the State (United States Department not provide specific habitat or species Under this factor, we examine of Agriculture 1996, p. 151). Relative protection, but does provide some whether existing regulatory mechanisms Management Area Zone 4 standards and benefits to the species because of are inadequate to address the threats to guidelines include: Maintenance or increased awareness and evaluating the species discussed under the other restoration of native plant communities; projects that may affect the species factors. Section 4(b)(1)(A) of the Act prohibition of nonaquatic herbicide through the NEPA process. Specific requires the Service to take into account uses, except hand applications or threats to the Neches River rose-mallow ‘‘those efforts, if any, being made by any noxious weed control following are not addressed with this designation. State or foreign nation, or any political restriction on the herbicide label; and Existing regulatory mechanisms do subdivision of a State or foreign nation, use of prescribed fire when necessary to not provide protection for plants on to protect such species . . . .’’ In enhance riparian vegetation or wildlife private lands. Neches River rose-mallow relation to Factor D under the Act, we habitat (United States Department of populations on Davy Crockett NF lands interpret this language to require the Agriculture 1996, pp. 153, 155). only receive some protection from Service to consider relevant Federal, Herbicides are not currently being used habitat modification. In addition, not all State, and tribal laws, regulations, and on the Davy Crockett NF and have been threats are addressed, such as other such mechanisms that may replaced by prescribed fire, with the encroachment of nonnative and native minimize any of the threats we describe goal of routinely burning compartments species into Neches River rose-mallow in threat analyses under the other four every 3 years (Stiles 2011, pers. comm.). habitat. The designation as a sensitive factors, or otherwise enhance As discussed previously (see species for the Neches River rose- conservation of the species. We give ‘‘Nonnative Species’’ under the Factor A mallow does not address the threats

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specific to the species. Only when the moscheutos. In some locations, H. laevis and decreases in precipitation that may species is listed under the Act will the or H. moscheutos, or both, grow in close increase the frequency and severity of USFS be required to consult on projects proximity to the Neches River rose- droughts. Although the Neches River that could impact the species or its mallow. These plants have leaves, rose-mallow is adapted to being dry habitat. Therefore, based on our review flowers, and floral parts resembling both during portions of the year, a complete of the best scientific and commercial parent species (Service 2010b, p. 3; lack of water can diminish its ability to data available, we conclude that existing TXNDD 2012a, entire). Other species expand its known range and reduce its regulatory mechanisms provide some accounts, including our candidate genetic exchange. Further, climate protection against threats, but these notices of review and anecdotal change could lead to an increase in mechanisms do not address or accounts from USFS, TPWD, and other nonnative species, because nonnative ameliorate all of the threats. botanists, conclude that there is the species can typically tolerate a wider potential that hybrids may exist at most, range of habitat conditions outside of E. Other Natural or Manmade Factors if not all, of the sites; however, genetic those that are suitable for the Neches Affecting Its Continued Existence studies have not confirmed that this River rose-mallow. Drought conditions Small Population Size phenomenon is occurring. So far, these can increase the susceptibility of sites to are only observations, and no genetic be impacted from trampling from feral Small population size can result in a studies have taken place to verify if hogs, such that observations of broken decrease in genetic diversity due to hybridization is occurring. The and flattened plants would increase. genetic drift (the random change in University of Texas-Tyler is researching The reproductive capabilities of feral genetic variation each generation) and the hybridization issue for Neches River hogs and their ubiquitous foraging inbreeding (mating of related rose-mallow and its impacts on the behavior allows them to adapt well to individuals) (Antonovics 1976, p. 238; population; however, the project is only drought conditions. Herbivory from Ellstram and Elam 1993, pp. 218–219). in its infancy, and no results have been cattle, or white-tail deer, would also Genetic drift can decrease genetic determined. Therefore, we do not increase in concert with future effects of variation within a population by consider hybridization to be a threat to climate change. Hydrological alterations favoring certain characteristics and, the Neches River rose-mallow. combined with drought conditions thereby, increasing differences between could cause or intensify herbivory. This Conservation Efforts To Reduce Other populations (Ellstram and Elam 1993, phenomenon was only observed at The Natural or Manmade Factors Affecting pp. 218–219). Self-fertilization and low Texas Land Conservancy site in 2011 by Its Continued Existence dispersal rates can cause low genetic cattle, where drought likely increased diversity due to inbreeding (Antonovics We have several examples of the grazing pressures not normally 1976, p. 238; Barrett and Kohn 1991, p. voluntary conservation efforts that are experienced by the Neches River rose- 21). This decreased genetic diversity currently underway, or which took mallow within this site. A reduction in diminishes a species’ ability to adapt to place in the past, that directly, or the height of Neches River rose-mallow the selective pressures of a changing indirectly, assist the Neches River rose- stems could increase its vulnerability to environment (Ellstrand 1992, p. 77; mallow by addressing the impacts of browsing by cattle. The drought Newman and Pilson 1997, p. 360). habitat loss and degradation, or low conditions of 2011 caused decreased Klips (1995) looked at the genetic population and individual plant heights in Neches River rose-mallow affinity of the Neches River rose-mallow numbers. See description under the plants; this, combined with the lack of compared with the two other congeners Factor A analysis above. a cattle exclusion fence on an adjacent (similar) species, Hibiscus moscheutos land to The Texas Land Conservancy, and H. laevis. In his study, Klips Cumulative Effects From Factors A Through E likely increased the risk of herbivory. concluded both H. dasycalyx and H. When normal rainfall resumes and laevis are genetically more similar than The threats that have the most severe preferred forage sources become H. moscheutos. Mendoza created the impacts to the Neches River rose- available, herbivory would likely genetic fingerprints for all three mallow and its habitat involve the loss, decrease. congener species to help determine the destruction, modification, and level of hybridization within and among curtailment of habitat. The rangewide Summary of Factors populations. Both studies observed wild and imminent threat from nonnative The primary factors threats to Neches plants that appeared to be hybrids; species encroachment (mainly Chinese River rose-mallow are nonnative species however, neither Klips nor Mendoza tallow) and native woody species encroachment at all sites; invasion of studied the occurrence of hybridization (sweetgum and green ash) will likely sites by native woody species, causing among the populations of the Neches continue if regulatory mechanisms are shading and increased competition for River rose-mallow. There is no evidence not employed. Alteration of natural resources; ongoing and potential that Neches River rose-mallow hydrological features of Neches River changes to key hydrological features of populations are experiencing genetic rose-mallow is an ongoing and potential the species’ habitat; future construction drift or inbreeding. We conclude that threat, having rangewide impacts. and ROW projects; and aerial herbicide small population size is not a threat to Trampling and herbivory also impact drift incidents. These factors pose the Neches River rose-mallow. the Neches River rose-mallow. imminent threats to the species because Threats discussed in this finding Hybridization they are ongoing or are likely to occur could work in concert with one another in the near future. Since the Neches The genus Hibiscus easily hybridizes to cumulatively create situations that River rose-mallow is endemic to in the nursery trade (Creech 2011a, pers. potentially impact Neches River rose- intermittent and perennial wetlands, comm.). Hybridization under natural mallow beyond the scope of the drought can exacerbate all of the conditions has not been verified, but combined threats that we have already existing threats. several Neches River rose-mallow sites analyzed. Specifically, threats may be contain individuals that may be exacerbated by the effects of ongoing Determination products of crosses between the Neches and future climate change, especially Based on our review of the best River rose-mallow with H. laevis or H. the projected increases in temperature scientific and commercial data

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available, we conclude that the Neches hydrologic changes (which alter habitat the downstream population of Neches River rose-mallow is likely to become an suitability, growth of plants, expansion River rose-mallow would be affected by endangered species within the into new areas, and potentially seed changes in hydrology. Therefore, we foreseeable future and, therefore, meets dispersal); encroachment of habitat from conclude that the species does not meet the definition of a threatened species. woody natives and invasive nonnatives the definition of an endangered species This finding, explained below, is based (which out-shade and compete for (in danger of extinction throughout all on our conclusions that the Neches nutrients and water absorption); road or a significant portion of its range), but River rose-mallow’s primary threats are construction and maintenance projects; meets the definition of a threatened imminent, thus causing the species to aerial drift of herbicides (which may go species (likely to become an endangered exhibit low viability as characterized as unregulated on private lands); trampling species in the foreseeable future having only one site close to meeting its by feral hogs (known to flatten and throughout all or a significant portion of conservation goals. Significant factors break plants); and herbivory. These can its range). that support this determination include have a cumulative impact that further We evaluated whether the Neches the following: depletes population numbers. Drought River rose-mallow is in danger of • The significant and ongoing threat is likely to exacerbate these threats. extinction now (i.e., an endangered from nonnative species at all sites Most threats are distributed across the species) or is likely to become in danger (Factor A); of becoming endangered (i.e., a • geographic range of the Neches River The encroachment of habitat from rose-mallow. These threats include: threatened species) in the foreseeable future. The foreseeable future refers to woody natives (Factor A); Encroachment by woody natives and • the extent to which the Secretary can The potential extirpation of an invasive nonnatives, hydrological reasonably rely on predictions about the occupied Neches River rose-mallow site changes, and trampling. The threat from future in making determinations about from a reservoir project (Factor A); nonnatives is imminent and is occurring • Ongoing and potential changes to the conservation status of the species. A at all populations, resulting in key hydrological features of the species’ key statutory difference between an competition for light and nutrients, but habitat (Factor A); endangered species and a threatened maintenance activities occur within • The potential threat from future species is the timing of when a species some populations to minimize this construction and ROW projects (Factor may be in danger of extinction, now threat. Although information on A); (endangered) or in the foreseeable future • The trampling from feral hogs populations inhabiting private lands is (threatened species). (Factor A); a bit lacking, some degree of In the case for the Neches River rose- • Ongoing threats from aerial hydrological change has been seen at mallow, the best available scientific herbicide drift incidents (Factor A); and most sites and is therefore rangewide. information indicates that, while • Sustained drought that affects This threat is likely to continue into the reductions in the species’ range have habitat quality and reproductive output future as water resources become more not occurred, there have been of the species (Factor A). scarce and important to the human significant impacts from habitat We relied on Pavlik’s Minimum population. Drought will likely modification and loss that has caused Viable Population analysis tool (1996, exacerbate existing threats and impact reductions in most, if not all, of the pp. 127–155) and species experts to all populations. Direct impacts to plants known Neches River rose-mallow determine the conservation goals of the from trampling has been documented at populations. However, there are species. Based on the best known and 4 of the 11 Neches River rose-mallow sufficient numbers of populations available scientific information on the sites, and several others have had available, some of which are being species’ life-history and reproductive documented observations of damaged conserved for the Neches River rose- characteristics, we concluded that the habitat from feral hog tracks. However, mallow. Four of the 11 existing Neches conservation goals for the Neches River some threats do not affect all Neches River rose-mallow populations, rose-mallow included 10 viable River rose-mallow populations. For including the largest and most robust populations, each containing at least instance, drift from herbicide spraying population, occur on USFS lands. 1,400 individual plants. The species is likely resulted in the extirpation of the However, the USFS Revised Land and limited to the Neches, Sabine, and Neches River rose-mallow in the SH 230 Resource Management Plant does not Angelina River basins and the Mud and ROW, and the other two populations address all the significant threats to the Tantabogue Creek basins with 11 extant within SH ROWs may be affected by species. The Texas Land Conservancy sites throughout this range. However, herbicide spraying in the future; private land site was purchased as a many of these sites were introduced and however, Neches River rose-mallow conservation easement for the Neches are now compromised by threats from populations on NF lands are not River rose-mallow. However, these feral hog damage, hydrological changes, threatened by this activity. To our protection measures are voluntary. We nonnative and native species knowledge, this species has not conclude that the Neches River rose- encroachment into habitat, construction experienced a reduction in its range, all mallow is likely to become an projects, and herbicide overspray. of the known populations and sites are endangered species within the Future management actions that still present on the landscape, and the foreseeable future, meeting the standard ameliorate these threats could allow for natural populations have maintained of a threatened species. the species to expand within its known viable population numbers. In addition, The Act defines threatened as ‘‘any range. The extant populations are there are four introduced populations species that is likely to become an generally small. The only site that has that remain viable, although the endangered species within the come close to reaching the conservation introduced populations on USFS lands foreseeable future throughout all or a goals are on compartment 55 of the have declined in recent years. Some significant portion of its range.’’ A major USFS; however, it still only comprises threats are likely to occur in the near part of the analysis of ‘‘significant 53 percent of the needed plants at this future, but are not ongoing. The portion of the range’’ requires site (750 plants were seen in 2010). potential effects from the construction considering whether the threats to the The main sources of habitat loss, of the Lake Columbia reservoir have not Neches River rose-mallow are degradation, and modification include taken place, and there is uncertainty if geographically concentrated in any way.

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If the threats are consistently uniform to address continuing or new threats to planning purposes (see FOR FURTHER throughout the species’ range, then no the species, as new substantive INFORMATION CONTACT). portion is likely to warrant further information becomes available. The Section 7(a) of the Act requires consideration. recovery plan identifies site-specific Federal agencies to evaluate their As threats extend throughout the management actions that will achieve actions with respect to any species that species’ entire range and are not recovery of the species, measurable is proposed or listed as endangered or geographically concentrated, it is criteria that determine when a species threatened and with respect to its unnecessary to determine whether the may be downlisted or delisted, and critical habitat, if any is designated. Neches River rose-mallow should be methods for monitoring recovery Regulations implementing this considered an endangered species progress. Recovery plans also establish interagency cooperation provision of the within a significant portion of its range. a framework for agencies to coordinate Act are codified at 50 CFR part 402. Therefore, on the basis of the best their recovery efforts and provide Section 7(a)(4) of the Act requires available scientific and commercial estimates of the cost of implementing Federal agencies to confer with the information, we are listing the Neches recovery tasks. Recovery teams Service on any action that is likely to River rose-mallow as a threatened (comprising species experts, Federal jeopardize the continued existence of a species throughout its range in and State agencies, nongovernmental listed species or result in destruction or accordance with sections 3(20) and organizations, and stakeholders) are adverse modification of critical habitat. 4(a)(1) of the Act. often established to develop recovery If a species is listed subsequently, Available Conservation Measures plans. When completed, the recovery section 7(a)(2) of the Act requires outline, draft recovery plan, and the Federal agencies to ensure that activities Conservation measures provided to final recovery plan will be available on they authorize, fund, or carry out are not species listed as an endangered or our Web site (http://www.fws.gov/ threatened species under the Act likely to jeopardize the continued endangered), or from our Texas Coastal include recognition, recovery actions, existence of the species or destroy or Ecological Services Field Office in requirements for Federal protection, and adversely modify its critical habitat. If a Corpus Christi (see ADDRESSES, above). prohibitions against certain practices. Federal action may affect a listed Recognition through listing results in Implementation of recovery actions species or its critical habitat, the public awareness and conservation by generally requires the participation of a responsible Federal agency must enter Federal, State, tribal, and local agencies; broad range of partners, including other into consultation with the Service. private organizations; and individuals. Federal agencies, States, tribes, For the Texas golden gladecress, The Act encourages cooperation with nongovernmental organizations, Federal agency actions that may require the States and requires that recovery businesses, and private landowners. consultation would include federally actions be carried out for all listed Examples of recovery actions include funded or permitted actions occurring species. The protection required by habitat restoration (e.g., restoration of within the species’ habitat, specifically Federal agencies and the prohibitions native vegetation), research, captive within the zone of Weches outcrops in against certain activities are discussed, propagation and reintroduction, and Sabine and San Augustine Counties. in part, below. outreach and education. The recovery of Anticipated actions include: (1) The primary purpose of the Act is the many listed species cannot be Provision of Federal financial and conservation of endangered and accomplished solely on Federal lands technical assistance through the U.S. threatened species and the ecosystems because their range may occur primarily Department of Agriculture; (2) permits upon which they depend. The ultimate or solely on non-Federal lands. To issued by the Federal Energy Regulatory goal of such conservation efforts is the achieve recovery of these species Commission for installation of interstate recovery of these listed species, so that requires cooperative conservation efforts natural gas pipelines and associated they no longer need the protective on private, State, and tribal lands. infrastructure; (3) provision of Federal measures of the Act. Subsection 4(f) of Once these species are listed, funding Highway Administration funds for road the Act requires the Service to develop for recovery actions will be available projects; (4) provision of Department of and implement recovery plans for the from a variety of sources, including Housing and Urban Development funds conservation of endangered and Federal budgets, State programs, and for municipal and residential threatened species. The recovery cost share grants for non-Federal construction and infrastructure projects planning process involves the landowners, the academic community, in towns along SH 21 within the range identification of actions that are and nongovernmental organizations. In of the Texas golden gladecress; (5) funds necessary to halt or reverse the species’ addition, pursuant to section 6 of the for electric service improvements decline by addressing the threats to its Act, the State of Texas would be eligible provided to electric cooperatives by the survival and recovery. The goal of this for Federal funds to implement U.S. Department of Agriculture’s Rural process is to restore listed species to a management actions that promote the Utilities Service; (6) U.S. Army Corps of point where they are secure, self- protection and recovery of the Texas Engineers (USACE)-issued section 404 sustaining, and functioning components golden gladecress and the Neches River and section 10 permits for wetland of their ecosystems. rose-mallow. Information on our grant crossings that are part of linear projects Recovery planning includes the programs that are available to aid such as roads, transmission lines, or development of a recovery outline species recovery can be found at: pipelines; and (7) actions funded by the shortly after a species is listed, http://www.fws.gov/grants. Federal Emergency Management preparation of a draft and final recovery Please let us know if you are Agency. Also subject to consultation plan, and revisions to the plan as interested in participating in recovery would be provision of Federal funds to significant new information becomes efforts for the Texas golden gladecress State and private entities through available. The recovery outline guides and the Neches River rose-mallow. Federal programs such as the Service’s the immediate implementation of urgent Additionally, we invite you to submit Partners for Fish and Wildlife Program, recovery actions and describes the any new information on this species State Wildlife Grant Program, and process to be used to develop a recovery whenever it becomes available and any Federal Aid in Wildlife Restoration plan. Revisions of the plan may be done information you may have for recovery Program.

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For the Neches River rose-mallow, required for collection of endangered (telephone 361–994–9005; facsimile Federal agency actions that may require plants or plant parts from public lands 361–994–8262). consultation would include federally for scientific or education purposes. Upon listing the Texas golden funded or permitted actions occurring We may issue permits to carry out gladecress and the Neches River rose- within the species habitat. These actions otherwise prohibited activities mallow under the Act, the State of could include: (1) New construction and involving endangered and threatened Texas’s Endangered Species Act (Texas maintenance of roads or highways by wildlife species under certain Administrative Code Chapter the Federal Highway Administration; (2) circumstances. Regulations governing 88:88.001–88.012) is automatically issuance of section 404 Clean Water Act permits are codified at 50 CFR 17.62 for invoked. The State’s Endangered (33 U.S.C. 1251 et seq.) and section 10 endangered plants, and at 17.72 for Species Act would prohibit commerce permits by the USACE for federally threatened plants. With regard to in endangered or threatened plants and funded activities within Federal endangered plants, a permit must be the collection of listed plant species jurisdictional wetlands; (3) management issued for the following purposes: For from public land without a permit and any other landscape-altering scientific purposes or to enhance the issued by TPWD and would restrict any activities on Federal lands administered propagation or survival of the species. take for commercial purposes from by the Fish and Wildlife Service and It is our policy, as published in the private land to individuals possessing a U.S. Department of Agriculture’s USFS; Federal Register on July 1, 1994 (59 FR permit issued under section 88.0081. and (4) Federal Highway Administration 34272), to identify to the maximum The State’s law would also encourage funds given to TXDOT for SH ROW extent practicable at the time a species conservation by State government maintenance. is listed, those activities that would or agencies. Further, the State may enter The Act and its implementing would not constitute a violation of into agreements with Federal agencies regulations set forth a series of general section 9 of the Act. The intent of this to administer and manage any area prohibitions and exceptions that apply policy is to increase public awareness of required for the conservation, to endangered and threatened plants. the effect of a listing on proposed and management, enhancement, or The prohibitions of section 9(a)(2) of the ongoing activities within the range of protection of endangered species. Funds Act, codified at 50 CFR 17.61, apply to listed species. The following activities for these activities could be made endangered plants. These prohibitions, could potentially result in a violation of available under section 6 of the Act in part, make it illegal for any person section 9 of the Act; this list is not (Cooperation with the States). Thus, subject to the jurisdiction of the United comprehensive: some Federal protection afforded to States to import or export, transport in (1) Unauthorized collecting, handling, these species by listing them (Texas interstate or foreign commerce in the golden gladecress as endangered, and possessing, selling, delivering, carrying, course of a commercial activity, sell or Neches River rose-mallow as or transporting of the Texas golden offer for sale in interstate or foreign threatened) will be reinforced and gladecress or the Neches River rose- commerce, or remove and reduce the supplemented by protection under State mallow, including import or export species to possession from areas under law. across State lines and international Federal jurisdiction. In addition, for Under section 4(d) of the Act, the boundaries, except for properly plants listed as endangered, the Act Secretary of the Interior has discretion documented antique specimens of these prohibits the malicious damage or to issue such regulations as he deems taxa at least 100 years old, as defined by destruction on areas under Federal necessary and advisable to provide for section 10(h)(1) of the Act. jurisdiction and the removal, cutting, the conservation of threatened species. digging up, or damaging or destroying of (2) Unauthorized removal, damage, or Our implementing regulations (50 CFR such plants in knowing violation of any destruction of Texas golden gladecress 17.71) for threatened plants generally State law or regulation, including State or Neches River rose-mallow plants incorporate the prohibitions of section 9 criminal trespass law. It is also unlawful from populations located on State- of the Act for endangered plants, except to violate any regulation pertaining to owned land (highway ROWs) or on land under certain circumstances, such as plant species listed as endangered or owned by local governments. when a ‘‘special rule’’ promulgated threatened (section 9(a)(2)(E) of the Act). (3) Unauthorized removal, damage, or under section 4(d) of the Act has been Chapter 88 of the Texas Parks and destruction of Texas golden gladecress issued with respect to a particular Wildlife Code lists plant species as State or Neches River rose-mallow plants on threatened species. In such a case, the endangered or threatened, with the private land in violation of any State general prohibitions in 50 CFR 17.61 same status as the Federal designation, regulation, including criminal trespass. would not apply to that species, and immediately upon completion of final (4) Unauthorized removal, damage, or instead, the special rule would define Federal listing. The State prohibits destruction of Texas golden gladecress specific take prohibitions and commerce in endangered or threatened or Neches River rose-mallow plants exceptions, which we consider plants and the collection of listed plant from populations located on federally necessary and advisable to conserve the species from public land (defined as owned lands. species, that would apply for that State-owned and land belonging to local Questions regarding whether specific particular threatened species. With governments) without a permit issued activities would constitute a violation of respect to a threatened plant, the by TPWD. The State also prohibits section 9 of the Act should be directed Secretary of the Interior also has the removal for purposes of commercial to the Texas Coastal Ecological Services discretion to prohibit by regulation any sale, possession for commercial sale, Field Office in Corpus Christi (see FOR act prohibited by section 9(a)(2) of the transport for commercial sale, or sale of FURTHER INFORMATION CONTACT). Act. Exercising this discretion, which all or part of a listed plant from private Requests for copies of the regulations has been delegated to the Service by the land without a permit issued under concerning listed species and general Secretary, the Service has developed Texas Parks and Wildlife Code, section inquiries regarding prohibitions and general prohibitions that are appropriate 88.0081. The TPWD requires permits may be addressed to the U.S. for most threatened plants in 50 CFR commercial permits for the commercial Fish and Wildlife Service, Endangered 17.71 and exceptions to those use of listed plants collected from Species Permits, 6300 Ocean Drive, Unit prohibitions in 50 CFR 17.72. We are private land. Scientific permits are 5837, Corpus Christi, TX 78412–5837 not promulgating a special section 4(d)

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rule, and as a result, all of the section References Cited Regulation Promulgation 9 prohibitions, including the ‘‘take’’ A complete list of references cited in Accordingly, we amend part 17, prohibitions, will apply to the Neches subchapter B of chapter I, title 50 of the River rose-mallow. this rulemaking is available on the Internet at http://www.regulations.gov at Code of Federal Regulations, as set forth Required Determinations Docket No. FWS–R2–ES–2012–0064 and below: National Environmental Policy Act (42 upon request from the Texas Coastal PART 17—[AMENDED] U.S.C. 4321 et seq.) Ecological Services Field Office in Corpus Christi (see FOR FURTHER ■ 1. The authority citation for part 17 We have determined that INFORMATION CONTACT). continues to read as follows: environmental assessments and Authors Authority: 16 U.S.C. 1361–1407; 1531– environmental impact statements, as 1544; and 4201–4245, unless otherwise defined under the authority of the The primary authors of this package noted. National Environmental Policy Act are the staff of the Texas Coastal 2. Amend § 17.12(h) by adding entries (NEPA; 42 U.S.C. 4321 et seq.), need not Ecological Services Field Office in for ‘‘Hibiscus dasycalyx’’ and be prepared in connection with listing Corpus Christi. ‘‘Leavenworthia texana’’ to the List of a species as an endangered or Endangered and Threatened Plants in threatened species under the List of Subjects in 50 CFR Part 17 alphabetical order under ‘‘Flowering Endangered Species Act. We published Endangered and threatened species, Plants’’, to read as follows: a notice outlining our reasons for this Exports, Imports, Reporting and § 17.12 Endangered and threatened plants. determination in the Federal Register recordkeeping requirements, on October 25, 1983 (48 FR 49244). * * * * * Transportation. (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Hibiscus dasycalyx ...... Neches River rose-mal- U.S.A. (TX) ..... Malvaceae ...... T 814 17.96(a) NA low.

******* Leavenworthia texana .. Texas golden U.S.A. (TX) ..... Brassicaceae .. E 814 17.96(a) NA gladecress.

*******

* * * * * Dated: August 29, 2013. Rowan W. Gould, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–22085 Filed 9–10–13; 8:45 am] BILLING CODE 4310–55–P

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