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 VerDate Mar<15>2010 19:08 Sep 10, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11SER2.SGM 11SER2 mstockstill on DSK4VPTVN1PROD with RULES2 56026 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 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 VerDate Mar<15>2010 19:08 Sep 10, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\11SER2.SGM 11SER2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 56027 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.