31498 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Proposed Rules

Dated: May 14, 2013. DEPARTMENT OF THE INTERIOR under the Endangered Species Act of Rachel Jacobson, 1973, as amended (Act). The effect of Principal Deputy Assistant Secretary for Fish Fish and Wildlife Service this regulation, if finalized, would be to and Wildlife and Parks. conserve Leavenworthia exigua var. 50 CFR Part 17 [FR Doc. 2013–12102 Filed 5–23–13; 8:45 am] laciniata under the Act. BILLING CODE 4310–55–C [FWS–R4–ES–2013–0069; 4500030113] DATES: We will accept comments received or postmarked on or before July RIN 1018–AY73 23, 2013. Comments submitted electronically using the Federal Endangered and Threatened Wildlife eRulemaking Portal (see ADDRESSES and Plants; Proposed Threatened section, below) must be received by Status for Leavenworthia exigua var. 11:59 p.m. Eastern Time on the closing laciniata (Kentucky Glade Cress) date. We must receive requests for AGENCY: Fish and Wildlife Service, public hearings, in writing, at the Interior. address shown in the ADDRESSES section by July 8, 2013. ACTION: Proposed rule. ADDRESSES: You may submit comments SUMMARY: We, the U.S. Fish and by one of the following methods: Wildlife Service, propose to list (1) Electronically: Go to the Federal Leavenworthia exigua var. laciniata eRulemaking Portal: http:// (Kentucky glade cress), as threatened www.regulations.gov. In the Search box,

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enter Docket No. FWS–R4–ES–2013– available information regarding status of (e) Past and ongoing conservation 0069, which is the docket number for and threats to Leavenworthia exigua var. measures for the species, its habitat or this rulemaking. You may submit a laciniata. both. comment by clicking on ‘‘Comment The basis for our action. Under the (2) The factors that are the basis for Now!’’ Act, we can determine that a species is making a listing determination for a (2) By hard copy: Submit by U.S. mail an endangered or threatened species species under section 4(a) of the Act (16 or hand-delivery to: Public Comments based on any of five factors: (A) The U.S.C. 1531 et seq.), which are: Processing, Attn: FWS–R4–ES–2013– present or threatened destruction, (a) The present or threatened 0069; Division of Policy and Directives modification, or curtailment of its destruction, modification, or Management; U.S. Fish and Wildlife habitat or range; (B) Overutilization for curtailment of its habitat or range; Service; 4401 N. Fairfax Drive, MS commercial, recreational, scientific, or (b) Overutilization for commercial, 2042–PDM; Arlington, VA 22203. educational purposes; (C) Disease or recreational, scientific, or educational We request that you send comments predation; (D) The inadequacy of purposes; only by the methods described above. existing regulatory mechanisms; or (E) (c) Disease or predation; We will not accept email or faxes. We Other natural or manmade factors (d) The inadequacy of existing will post all comments on http:// affecting its continued existence. regulatory mechanisms; or www.regulations.gov. This generally We have determined that the species (e) Other natural or manmade factors means that we will post any personal is threatened by Factors A and E: affecting its continued existence. (3) Biological, commercial trade, or information you provide us (see the • The loss and degradation of glade other relevant data concerning any Public Comments section below for habitats supporting L. exigua var. threats (or lack thereof) to this species more information). laciniata. Activities or factors negatively and existing regulations that may be FOR FURTHER INFORMATION CONTACT: impacting L. exigua var. laciniata Lee addressing those threats. Andrews, Field Supervisor, U.S. Fish include: development, roads, utilities, (4) Additional information concerning and Wildlife Service, Kentucky conversion to lawns, horseback riding, the historical and current status, range, Ecological Services Field Office, J.C. off-road vehicle use, and changes in distribution, and population size of this Watts Federal Building, 330 W. grazing practices and forest species, including the locations of any Broadway Rm. 265, Frankfort, KY encroachment. • additional populations of this species. 40601, by telephone 502–695–0468 or Other natural or manmade factors, (5) Any information on the biological by facsimile 502–695–1024. Persons including narrow range, low genetic or ecological requirements of the species who use a telecommunications device diversity, and small population size. and ongoing conservation measures for for the deaf (TDD) may call the Federal We will seek peer review. We are the species and its habitat. Information Relay Service (FIRS) at seeking comments from knowledgeable (6) Information on the projected and 800–877–8339. individuals with scientific expertise to reasonably likely impacts of climate SUPPLEMENTARY INFORMATION: review our analysis of the best available change on L. exigua var. laciniata. science and application of that science Please include sufficient information Executive Summary and to provide any additional scientific with your submission (such as scientific Why we need to publish a rule. Under information to improve this proposed journal articles or other publications) to the Act, if we intend to list a species as rule. Because we will consider all allow us to verify any scientific or endangered or threatened throughout all comments and information received commercial information you include. or a significant portion of its range, we during the comment period, our final Please note that submissions merely are required to promptly publish a determinations may differ from this stating support for or opposition to the proposal in the Federal Register and proposal. action under consideration without make a determination on our proposal Information Requested providing supporting information, within 1 year. Critical habitat shall be although noted, will not be considered designated, to the maximum extent We intend that any final action in making a determination, as section prudent and determinable, for any resulting from this proposed rule will be 4(b)(1)(A) of the Act directs that species determined to be an endangered based on the best scientific and determinations as to whether any or threatened species under the Act. commercial data available and be as species is an endangered or threatened Listing a species as an endangered or accurate and as effective as possible. species must be made ‘‘solely on the threatened species and designations and Therefore, we request comments or basis of the best scientific and revisions of critical habitat can only be information from the public, other commercial data available.’’ completed by issuing a rule. Elsewhere concerned governmental agencies, You may submit your comments and in today’s Federal Register, we propose Native American tribes, the scientific materials concerning this proposed rule to designate critical habitat for community, industry, or any other by one of the methods listed in the Leavenworthia exigua var. laciniata interested parties concerning this ADDRESSES section. We request that you under the Act. proposed rule. We particularly seek send comments only by the methods This rule consists of: A proposed rule comments concerning: described in the ADDRESSES section. to list Leavenworthia exigua var. (1) Leavenworthia exigua var. If you submit information via http:// laciniata (Kentucky glade cress) as laciniata’s biology, range, and www.regulations.gov, your entire threatened. Leavenworthia exigua var. population trends, including: submission—including any personal laciniata is a candidate species for (a) Habitat requirements for feeding, identifying information—will be posted which we have on file sufficient breeding, and sheltering; on the Web site. If your submission is information on biological vulnerability (b) Genetics and taxonomy; made via a hardcopy that includes and threats to support preparation of a (c) Historical and current range personal identifying information, you listing proposal, but for which including distribution patterns; may request at the top of your document development of a listing regulation has (d) Historical and current population that we withhold this information from been precluded by other higher priority levels, and current and projected trends; public review. However, we cannot listing activities. This rule reassesses all and guarantee that we will be able to do so.

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We will post all hardcopy submissions Status Assessment for L. exigua var. soils and underlying limestones, these on http://www.regulations.gov. Please laciniata habitats, called cedar or limestone include sufficient information with your Background glades, are extremely wet from late comments to allow us to verify any winter to early spring and quickly scientific or commercial information In this section of the proposed rule, become dry in May and June. The we discuss only those topics directly you include. natural habitat for L. exigua var. relevant to the listing of L. exigua var. laciniata is these cedar glades (Baskin Comments and materials we receive, laciniata as threatened. and Baskin 1981, p. 243), but the taxon as well as supporting documentation we Species Information is also known from overgrazed pastures, used in preparing this proposed rule, eroded shallow soil areas with exposed L. exigua var. laciniata is an annual will be available for public inspection bedrock, and areas where the soil has member of the mustard family on http://www.regulations.gov, or by been scraped off the underlying bedrock (Brassicaceae) known only from two appointment, during normal business (Evans and Hannan 1990, p. 8). L. counties in Kentucky. Plants are about hours, at the U.S. Fish and Wildlife exigua var. laciniata does not appear to 5 to 10 cm (1.97 to 3.94 in) in height Service, Kentucky Ecological Services compete well with other vegetation and with early leaves that are simple with a Field Office (see FOR FURTHER is shade intolerant (Evans and Hannan slender petiole (central stalk of the leaf) INFORMATION CONTACT). 1990, p. 14). and mature leaves that are sharply lobed Previous Federal Actions (appear as disconnected pieces along Baskin and Baskin noted in 1985 (p. the main leaf vein), somewhat squarish 378) that there were few, if any, We identified L. exigua var. laciniata at the ends and arranged as a rosette undisturbed glades remaining in the as a Category 1 species in a notice of (circular cluster of leaves) (Evans and southeastern United States and that review published in the Federal Hannan 1990, p. 5). The flowers are most of these glades had been used for Register on July 1, 1975 (40 FR 27824). small (3 to 6 mm (0.12 to 0.24 in)), pasture at some point. This is true for It remained a Category 1 species in white to lilac in color with four petals, the range of L. exigua var. laciniata (D. subsequent notices including December green rather than lavender sepals (the White, pers. obs., 2012). Like other 15, 1980 (45 FR 82480–82569), outer of two floral leaves that make up Leavenworthia spp. (Baskin and Baskin November 28, 1983 (48 FR 53640– the flower), and leafless stems. Leaves 1985, p. 378), L. exigua var. laciniata 53670), September 27, 1985 (50 FR typically disappear by the time the plant occurs in highly disturbed glades as 39526–39584), February 21, 1990 (55 FR is in fruit (Evans and Hannan 1990, p. well as lightly disturbed glades (KSNPC 2012, pp. 1–108). Many of these highly 6184–6229) and September 30, 1993 (58 6). The fruit is flat and pod-shaped. degraded glades are part of larger FR 51144–511920). Category 1 species Taxonomy and Species Description pasture areas. As the disturbance to the were those taxa for which the Service R. C. Rollins (1963, p. 75) described glade increases, so does the number of had substantial information on file on species of winter annuals (Baskin and the biological vulnerability and threats L. exigua var. laciniata as a new taxon in his monograph of the genus Baskin 1985, p. 378). Within the range to support the appropriateness of of L. exigua var. laciniata some of these proposing to list the taxa as threatened Leavenworthia. Rollins (1963, pp. 51, 75) stated that the rather extensive highly degraded glades are now part of or endangered. However, the large populations of L. exigua located in residential and commercial lawns number of category 1 species created a Bullitt County, Kentucky, exhibited (KSNPC 2012, pp. 1–108; pers. obs.). backlog for the development and certain distinguishing characteristics The taxon is not restricted to any publication of the proposed rules. compared to populations in Tennessee, specific soil type (Evans and Hannan Assigning categories to species was northern Alabama, and northern 1990, p. 8). It appears to be more discontinued in 1996, and subsequently Georgia. The Kentucky plants, which he dependent upon lack of soil (and plant only species for which the Service had described as L. exigua var. laciniata, competition) and proximity of rock near sufficient information on biological had longer styles (usually slender and or at the surface. It occurs primarily in vulnerability and threats to support elongate extension of the ovary), green open gravelly soils around rock issuance of a proposed rule were instead of lavender sepals, and more outcrops in an area of the Caneyville- regarded as candidate species (61 FR sharply divided leaves than the typical Crider soil association (Whitaker and 7596). These candidate species were L. exigua var. exigua. Kral (1983, pp. Waters 1986, p. 16). Within this soil also assigned listing priority numbers 10–18) supported Rollins’ recognition of association, L. exigua var. laciniata (LPNs) based on immediacy and the the taxon as a distinct variety. Kartesz occurs on the following mapped soil magnitude of threat, as well as their (1991, p. 449) recognized the taxon by types: Caneyville-rock outcrop complex, taxonomic status. Leavenworthia exigua including it in his vascular flora 6 to 40 percent slope; Caneyville silt var. laciniata was first identified as a checklist for the United States. loam, 6 to 12 percent slope, eroded; Caneyville-Beasley-rock outcrop candidate species in the Federal Habitat Register on November 9, 2009 (74 FR complex, 12 to 30 percent slope; 57804–57878) with an LPN of 3. It L. exigua var. laciniata appears to be Faywood-Beasley-rock outcrop adapted to environments with shallow complex, 25 to 60 percent slope; and retained that LPN in 2010 (75 FR soils interspersed with flat-bedded, Beasley silty clay loam, 6 to 12 percent 69222–69294; November 10, 2010) and Silurian dolomite and dolomitic slopes, severely eroded (Whitaker and 2011 (76 FR 66370–66439; October 26, limestones, which is an uncommon Waters 1986, pp. 26–27, 29–31, 40–41; 2011) Federal Register notices of geological formation in Kentucky Evans and Hannan 1990, p. 8). Where L. candidate review. (Rollins 1963, p. 5; Evans and Hannan exigua var. laciniata occurs on soils Elsewhere in today’s Federal Register, 1990, pp. 8–9). The soil on these without bedrock near the surface, the we propose to designate critical habitat horizontally bedded limestone areas is soil is usually eroded to severely eroded for L. exigua var. laciniata under the often only a few inches in depth or may with 25 to 100 percent of the original Act. be completely lacking in some areas surface gone (Evans and Hannan 1990, (Rollins 1963, p. 5). Because of the thin p. 8).

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Biology and Hannan 1990, p. 10). In areas where surveys failed to relocate the plants at The life cycle is nearly identical for the glades have been disturbed, native the site), or X (occurrence is considered all members of the genus Leavenworthia and introduced weedy species (annual extirpated). An element occurrence (EO) (Baskin and Baskin 1981, p. 246; Solbrig and perennial) have invaded glades is the basic conservation unit used by 1971, p. 155). All are winter annuals, from nearby roads, fields, and waste KSNPC in assessing species for the endemic to cedar glades or glade-like areas (Baskin and Baskin 1985, p. 375). Natural Heritage Program. Nature Serve Areas surrounding glade openings habitats (Baskin and Baskin 1985, p. defines an EO as ‘‘an area of land and/ tend to have deeper soils that support 377). For L. exigua var. laciniata, seed or water where a species or ecological plants with prairie/barren affinities like germination occurs in September and community is or was present’’ Schizochyrium scoparium (little October (Baskin and Baskin 1981, p. (NatureServe 2004, p. 1). The terms bluestem), Lithospermum canescens 246). Baskin and Baskin (1971, p. 33; element occurrence and occurrence are (hoary pocoon), Viola pedata (birdfoot used interchangeably throughout this 1972, p. 1716) found that freshly violet), Echinacea pallida (pale purple document. harvested Leavenworthia spp. seeds coneflower), and Liatris aspera (tall Evans and Hannan (1990, pp. 9, 19– were dormant at any temperature and gayfeather) (White 2004, p. 1). 20) conducted the first rangewide that, once dormancy was broken, survey for the taxon and documented a Historical Range/Distribution germination was prevented by high total of 71 historical and extant temperatures, regardless of moisture L. exigua var. laciniata is a Kentucky occurrences in Bullitt and Jefferson levels. This characteristic seems to endemic and is known from only Counties. At that time, approximately protect Leavenworthia spp. from northeastern Bullitt County and extreme 70 percent (42/60) of the extant germination following short summer southeastern Jefferson County (Evans occurrences were ranked as A, B, or C showers that temporarily moisten the and Hannah 1990, p. 6; Jones 2005, p. in quality (Evans and Hannan 1990, pp. glade habitats (Baskin and Baskin 1985, 294; White 2004, p. 1). Populations of L. 24–94). White (1994, pp. 2–7) p. 381) and allows it to avoid the hot, exigua var. laciniata are disjunct reevaluated the status of the taxon in dry summer (Baskin and Baskin 1972, p. (separated) from populations of the April 1994 by visiting the occurrences 1720). All seeds may not germinate each other two varieties of L. exigua that documented by Evans and Hannan fall, allowing seed reserves to occur in Alabama, Georgia, and (1990, pp. 19–20) and providing accumulate (Baskin and Baskin 1981, p. Tennessee (Rollins 1963, p. 5, updated ranks and descriptions of 246). A study by Baskin and Baskin NatureServe Explorer 2012, p. 1). habitat conditions. White (1994, p. 4) (1981, p. 247) found collected L. exigua Information regarding the historical recorded a decline in rank quality at 41 var. laciniata seeds germinated in a (prior to 1990) range and distribution of percent of the occurrences, with some of greenhouse over four autumns, although L. exigua var. laciniata is largely the occurrences decreasing by two at drastically reduced numbers after the lacking. The original description by levels of rank quality. Sixty-eight first year (4,907 in 1976, 190 in 1977, Rollins (1963, p. 75) notes a single percent of these sites were degraded 156 in 1978, and 71 in 1979). specimen collected in a cedar glade in directly by human-related activities L. exigua var. laciniata persist Bullitt County and references an earlier (e.g., house construction, lawn through the winter as rosettes, and specimen collected in 1954 by H. A. development, changes in grazing flowering begins in late February to Korfhage from an open field in Bullitt practices). Over 60 percent of the early March (Baskin and Baskin 1981, p. County. No other historical information occurrences had quality ranks of ‘‘D’’ or 246; Evans and Hannan 1990, p. 11). regarding this taxon is available. The were considered extirpated (White 1994, Seeds are set and plants die in April and species is known from 84 occurrences p. 4). May as the glade habitats dry out including historical and current The last rangewide survey was (Baskin and Baskin 1985, pp. 378–379; locations. completed by KSNPC at 50 known Solbrig 1971, p. 155). At maturity, most Long-term, quantitative monitoring occurrences, in April and early May of of these seeds are dormant and will not data are unavailable for this taxon, but 2004 (White 2004, pp. 1–3). The number germinate following dispersal, even if the Kentucky State Nature Preserves of plants and their condition (including the soils are moist (Baskin and Baskin Commission (KSNPC) has recorded flowering and fruiting) and general site 1985, p. 379). During the summer these qualitative estimates of occurrence size conditions were recorded at the known seeds undergo physical changes known and quality at 3- to 5-year intervals. occurrences. The results of these as after-ripening and move from These evaluations are used to rank each surveys were compared to results of dormancy to conditional dormancy and, occurrence with respect to size and previous surveys conducted in 1990 finally, become nondormant for fall viability, condition of the habitat, and (Evans and Hannan 1990, pp. 19–20) germination (Baskin and Baskin 1985, p. degree of threat. As an annual species, and 1994 (White 1994, pp. 2–7) for the 379). plant numbers of L. exigua var. laciniata subset of occurrences (49) that were The cyclical moisture availability on can naturally fluctuate greatly from year visited in all 3 years. the thin soils of glades and other to year based on a variety of factors such Of the 49 occurrences surveyed in all habitats acts to limit the number of as seed production in past years, 3 years, 37 (76 percent) had decreased plant species that can tolerate these germination rates, and environmental in quality between 1990 and 2004. This extremes. Consequently, very few other conditions (temperature, rainfall) (Bush decrease in quality was commonly due plants occur on undisturbed glades and Lancaster 2005, p. 1). As such, to a reduction in the number of plants (Evans and Hannan 1990, pp. 9–10). habitat conditions often had a greater and an accompanying decline in habitat Common associates of L. exigua var. influence on the evaluation of habitat quality as the character of the area laciniata include Northoscordum viability than population numbers (Deb changed from rural to residential. Of bivalve (false garlic), Scutellaria parvula White, pers. comm., 2012). Element those 37 occurrences that declined, (little skullcap), Sporobolus vaginiflorus occurrences have been ranked into the more than 30 percent (16 of 37) were (poverty dropseed), Viola septemloba following categories: A (excellent extirpated or unable to be relocated. var. egglestonii (cedar glade violet), and estimated viability), B (good estimated Table 1 below illustrates the decline in Houstonia canadensis (Canadian bluets) viability), C (fair estimated viability), D these 49 occurrences and their viability (Baskin and Baskin 1981, p. 245; Evans (poor estimated viability), O or F (field over this 14-year period. In 1990, 69

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percent of these occurrences were are not believed to be sustainable, due owned, although some significant considered to have a viability of fair or to competition from lawn grasses and occurrences are located on public land. better. In 1994, this amount had lawn maintenance and improvement The taxon does occur within two dropped to 49 percent; and in 2004 it activities. Threats associated with lawns protected areas in eastern Bullitt was down to only 14 percent. These are further discussed under Factor A. A County: Pine Creek Barrens Preserve, a evaluated 49 occurrences represent summary of current occurrence ranks 110 acre (44.5 ha) property owned and approximately 60 percent (49 of 81) of for all known sites is listed in Table 2 managed by the Kentucky Chapter of the total population known in 2004. below. The Nature Conservancy (TNC), and Since that time three additional Over the last 20 years, KSNPC has Apple Valley Glades Conservation Area, occurrences have been identified, systematically used aerial photography with 46 acres (18.6 ha) owned by bringing the total known occurrences to identify potential L. exigua var. KSNPC and another 45 acres (18.2 ha) (historical and extant) to 84. laciniata glade habitat in areas of Laurel and other suitable types of limestone protected under a permanent TABLE 1—COMPARISON OF STATUS bedrock with the intent of identifying conservation easement held by KSNPC. RANKS FOR 49 OCCURRENCES OF new populations within the known Additionally, significant private Leavenworthia exigua var. range and exploring potential areas to landownerships within the range of L. lacianata expand the known habitat. Very little exigua var. laciniata should be noted. potential habitat fitting these parameters Rocky Run Glade Registered Natural Rank Viability 1990 1994 2004 has not been surveyed. Also, this part of Area is a 25-acre (10.1 ha) privately the State is heavily explored because it owned tract of land in eastern Bullitt A ...... Excel- 4 3 0 is so populated and accessible; County. Also, the Future Fund Land lent. therefore, discovering any additional Trust and its associated endowment B ...... Good .... 8 3 3 limestone glades, the only habitat C ...... Fair ...... 22 18 4 were established to create an extensive D ...... Poor ..... 13 22 26 known for this species, in another part ‘‘[Fredrick Law] Olmsted-like’’ F ...... Not ...... 0 0 7 of the region is very unlikely (D. White, greenway and park system along Floyds Located pers. comm., 2012). Fork in Jefferson County. The Future X ...... Extir- 2 3 9 Fund Land Trust and its associated pated. TABLE 2—2012 STATUS RANKS FOR endowment own nearly 500 acres (202.3 L. exigua var. laciniata Total ...... 49 49 49 ha) within the known range of L. exigua Number Oc- var. laciniata, including parcels with all Current Range/Distribution Rank Viability currences or portions of three known occurrences. Another private, nonprofit group, 21st Based on our data, the species is A ...... Excellent ...... 1 currently limited to 61 extant B ...... Good ...... 4 Century Parks, is also working along the occurrences. A total of 23 historical C ...... Fair ...... 13 Floyds Fork corridor and owns several occurrences are considered extirpated or D ...... Poor ...... 43 parcels with the taxon’s range totaling were not located by KSNPC during the F ...... Not Located ...... 7 almost 600 acres (242.8 ha) and most recent surveys (KSNPC 2012, pp. X ...... Extirpated ...... 16 containing part or all of two 1–108). Of the 61 extant occurrences, 43 occurrences. are of poor quality (D-rank; 70 percent). Total ...... 84 Finally, a publicly owned occurrence Approximately half of these poor- is located within McNeely Lake Park, a quality occurrences are located on Land Ownership residential lawns, with few, if any, The majority of land on which L. site in southern Jefferson County owned native plants. These lawn occurrences exigua var. laciniata occurs is privately by Louisville Metro Parks.

TABLE 3—SIGNIFICANT LANDOWNERSHIP INFORMATION FOR OCCURRENCES OF L. exigua var. laciniata [From Kentucky State Nature Preserves Commission 2012]

Current Site Landowner viability Most recent population rank assessment (year)

Pine Creek Barrens ...... The Nature Conservancy ...... A ...... 6,023 plants (2011). Apple Valley Glade ...... KSNPC; Private w/conservation easement ...... B ...... 3,192 plants (2011). McNeely Lake Park ...... Louisville Metro Parks ...... D ...... no estimate (2007). Rocky Run ...... Private ...... B ...... no estimate (2008). Floyds Fork area (two occurrences) ...... Future Fund Land ...... B ...... over 20,000 plants (2011). D ...... thousands of plants (2011). Floyds Fork area ...... 21st Century Parks ...... C ...... 325 plants (2011).

Summary of Factors Affecting the Act, we may list a species based on any existing regulatory mechanisms; and (E) Species of the following five factors: (A) The other natural or manmade factors Section 4 of the Act (16 U.S.C. 1533), present or threatened destruction, affecting its continued existence. Listing and its implementing regulations at 50 modification, or curtailment of its may be warranted based on any of the CFR part 424, set forth the procedures habitat or range; (B) overutilization for above threat factors, singly or in for adding species to the Federal Lists commercial, recreational, scientific, or combination. Each of these factors is of Endangered and Threatened Wildlife educational purposes; (C) disease or discussed below. and Plants. Under section 4(a)(1) of the predation; (D) the inadequacy of

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Factor A. The Present or Threatened landscapes. Many of the extant degrade glade cress habitat. These Destruction, Modification, or occurrences are threatened by factors will be discussed in more detail Curtailment of Its Habitat or Range encroaching lawn grasses and nonnative below. plants that compete with L. exigua var. Habitat destruction and modification Development have been the primary cause of laciniata for space and nutrients (D. population declines and extirpations of White, pers. comm., 2012). Winter Development was recognized by Kral the L. exigua var. laciniata (KSPNC annuals, such as Leavenworthia spp., (1983, p. 10) as a primary threat to 2012, pp. 1–108) occurrences. Filling are documented to be poor competitors Leavenworthia spp., and this is true for and/or grading of glade habitat for (Rollins 1963, p. 17, Kral 1983, p. 2; L. exigua var. laciniata. The entire range residential and commercial construction Baskin and Baskin 1988, p. 835). of L. exigua var. laciniata has recently has resulted in or contributed to the loss Shading from shrubs and trees makes undergone rapid residential and of at least seven known populations habitats unsuitable for L. exigua var. commercial development as the greater (KSPNC 2012, pp. 1–108). Conversion of laciniata, which is shade-intolerant Louisville metropolitan area expanded glade areas to landscaped settings such (Baskin and Baskin 1988, p. 837). southward into southern Jefferson and as golf courses and residential lawns by Recreational activities such as northeastern Bullitt Counties. Census filling, grading, and seeding of lawn horseback riding and off-road vehicle data available from 1960 to 2010 show grasses has impacted an additional five (ORV) use can change water flow that the population growth in Bullitt occurrences. Nearly a third of the extant patterns and damage fragile glade County greatly exceeds that of the state occurrences are of low quality and occur habitats. Construction and maintenance and of neighboring Jefferson County in managed (e.g., residential, of linear infrastructure such as roads (SSDAN 2012, pp. 1–3) (see Table 4 commercial, and agricultural) and utility lines can also destroy or below).

TABLE 4—POPULATION TRENDS OF KENTUCKY, BULLITT COUNTY, KY, AND JEFFERSON COUNTY, KY

Percent population growth 1960–1970 1970–1980 1980–1990 1990–2000 2000–2010 (percent) (percent) (percent) (percent) (percent)

Kentucky ...... 5.94 13.73 0.67 9.67 7.36 Bullitt County...... 65.90 66.14 9.74 28.74 21.36 Jefferson County ...... 13.77 ¥1.45 ¥2.93 4.31 6.85

Residential Commercial grading and filling to level the site and soil compaction from the construction New residential developments have The recent residential development in Bullitt County, specifically the equipment can destroy or modify its been and are expected to continue to be habitat. Activities ancillary to constructed throughout the taxon’s Shepherdsville area south of Louisville, has been spurred by similar growth in residential and commercial construction range, along with associated roads and the manufacturing and support service such as roads, utilities, and lawn utilities construction. As shown in industries, which support 45 percent of creation can also result in the Table 4, from 2000 to 2010, Bullitt the industrial employment in Bullitt destruction and modification of habitat County’s population increased by 21.4 County (KY Cabinet for Economic for L. exigua var. laciniata. These other percent, a significant increase compared Development 2012, p. 1). The close activities will be discussed in more to Kentucky’s overall average growth proximity to the Louisville International detail below. rate of 7.4 percent (SSDAN 2012, pp. 1– Airport and United Postal Service (UPS) Roads 3). The population growth of Jefferson all-point international hub has made County seems to have stabilized over Bullitt County a prime location for Many of the 61 extant L. exigua var. the last 20 years SSDAN 2012, pp. 1–3), manufacturing and support service laciniata occurrences are found in close but much of the land in southern firms. Since 2000, the number of these proximity to roads (KSPNC 2012, pp. 1– Jefferson County that contained suitable firms within Shepherdsville grew from 108). In the northern part of the range, glade cress habitat has already been 5 to 18 and includes large distribution most of the roads are small, local, and converted to residential, agricultural, centers for companies such as Alliance lead to residential areas. However, in and commercial land uses, as seen by Entertainment, Gordon Food Services, the southwestern part of the range, near viewing the 2006 National Land Cover Zappos, and others (KY Cabinet for the community of Cedar Grove, many Dataset (Fry et al. 2011). Economic Development 2012, pp. 1–2). occurrences are located near larger state The burst of the housing bubble in Four of these 13 new firms established roads such as KY 1442 and KY 480. 2007 seems to have slowed the in Bullitt County in 2008 or later, after A review of the Six-Year Highway residential expansion within Bullitt the burst of the housing bubble. Plan for Kentucky (KYTC 2006, pp. 19, County. Residential building permits Residential and commercial 20, 69–92) and the associated web-based (single and multifamily) averaged only development activities can impact L. mapping tool (available at http:// 253 between 2008 and 2011, while that exigua var. laciniata during maps.kytc.ky.gov/SYP/) found 12 active average during the peak of the housing construction by destroying or modifying projects within the range of L. exigua bubble (2004–2006) was 698 building suitable habitat. At least 5 of the 16 var. laciniata, ranging from new permits per year (U.S. Census Bureau extirpated L. exigua var. laciniata construction to bridge replacements. 2012, pp. 1–12). However, although occurrences were eliminated during Four of these projects are for work on residential development has slowed, we construction of homes or facilities. Even existing road sections where there are expect it will continue as the population if the structure is not constructed on top extant (1) or historic (3) L. exigua var. continues to grow. of L. exigua var. laciniata or its habitat, laciniata records near the road. There is

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one new section of road planned laciniata. However, most of these Lawns through McNeely Lake Park where the vegetation management activities occur Conversion of natural habitat to lawns alignment has not been finalized but the in the late spring and summer when L. is likely the single greatest threat to L. study area contains an extant exigua var. laciniata is dormant. Right- exigua var. laciniata and its habitat. For population. of-way management could benefit L. every structure (residential, commercial, The majority of known roadside L. exigua var. laciniata by maintaining or other) that is built, an area much exigua var. laciniata occurrences are of open habitat and reducing competition larger than the structure’s footprint is poor quality with few individual plants from plants that would be impacted by modified to provide a lawn area for that and competition from nonnative species summer mowing and herbicide property. These areas are maintained such as fescue (KSPNC 2012, pp. 1– applications. Four known occurrences with activities such as mowing or 108). While the obvious threat to L. of L. exigua var. laciniata occur within herbicide application that alters the exigua var. laciniata from road utility rights-of-way, including one C- habitat and could damage L. exigua var. construction is destruction of habitat, laciniata plants. Most areas converted to impacts associated with habitat ranked, two D-ranked, and one F-ranked lawns, that have extant or historic L. degradation when a road is constructed occurrences as identified above in or maintained adjacent to L. exigua var. Tables 1 and 2. exigua var. laciniata records, have been laciniata are less clear. Road rights-of- In 2010, the Service became aware of seeded to tall fescue, a common yard way are often planted with dense- a sewer line project in southeastern grass in Kentucky. Areas of bare ground where L. exigua var. laciniata occurs are growing, nonnative species such as Jefferson County (Louisville known to be filled with topsoil or other fescue (KYTC 2012, p. 212–2)), that can Metropolitan Sewer District (MSD) materials to allow for a uniform outcompete L. exigua var. laciniata. Broad Run interceptor). The proposed landscape (D. White, pers. comm., Additionally, the soil erosion and project corridor was adjacent to at least 2012). Lawn maintenance activities changes in water runoff patterns one known occurrence of L. exigua var. associated with construction can alter such as mowing and herbicide laciniata, and the project corridor application encourage dense mats or soil and moisture conditions, making appeared to contain other suitable habitat unsuitable. Mowing in early fescue roots and eliminate competing habitat for the species. A field review of species (USDA NRCS 2001, p. 1). spring as L. exigua var. laciniata is the project corridor by the Service, fruiting or before seed has reached Tall fescue is considered the most KSNPC, Palmer Engineering, and widely adapted turf grass used in maturity could crush plants before the Louisville MSD was completed in April seeds mature or cause seeds to fall Kentucky. It competes well with weeds 2010 to determine if the species prematurely, negatively impacting and develops a dense sod (Powell, Jr. occupied the corridor or if suitable reproduction and next year’s 2000, p. 2). While these features make population. As a winter annual, L. habitat was present. During the field tall fescue desirable to landowners, it exigua var. laciniata may also be review, the Service and KSNPC can become weedy or invasive, susceptible to impacts associated with confirmed the presence of the species displacing native vegetation such as L. winter road maintenance activities such within the proposed sewer line corridor. exigua var. laciniata (USDA NRCS 2001, as snow plowing and application of salt Habitats for L. exigua var. laciniata were p. 3). In places where they occur or brine. delineated in the field and mapped by together, tall fescue competes with L. Palmer Engineering. Louisville MSD exigua var. laciniata for water and Utility Lines agreed to relocate a portion of the sewer nutrients and reduces the amount of Consultation with the Service on line to avoid adverse effects to these stable, suitable habitat available for proposed utility work offers the areas. In March 2011, the U.S. Army plant growth and seed dispersal (Kral opportunity to avoid or minimize utility Corps of Engineers (USACE), Louisville 1963, p. 2; Baskin and Baskin 1988, p. impacts on the L. exigua var. laciniata. District contacted the Service’s 836; D. White, pers. comm., 2012). Construction and maintenance of utility Kentucky Field Office regarding Another threat to L. exigua var. lines (e.g., water, gas, electric, and potential adverse effects on the species laciniata is Poa annua (annual sewer) can destroy or modify L. exigua within the project corridor. Silt fencing bluegrass), a weedy species common in var. laciniata habitat. Construction of designed to protect L. exigua var. lawns. Rollins (1963; p.17) found that new utility lines or maintenance of laciniata habitats had failed in at least invading weeds (primarily Poa annua) killed 30 well-established L. crassa var. underground lines will most likely two areas during construction, allowing crass and L. alabamica var. alabamica destroy habitat through excavation and sediment to leave the construction site backfilling of the glade area. Similarly, plants in less than 2 months in the and impact the species habitats. The construction of substations or well pads portion of the test plot that was left USACE directed Louisville MSD to can destroy habitat through the facility alone, without any weeding. More than correct the failed silt fence within 48 construction process. Additionally, 300 Leavenworthia individuals were herbaceous replanting of the ground hours, and corrective measures were documented to grow normally over the disturbed during construction is taken. The site was visited by the rest of the plot where weeding occurred. commonly done with nonnative species Service in early April 2011; the silt Twenty-two of the 61 extant L. exigua such as fescue (J. Garland, pers. obs., fence had been repaired, and it var. laciniata occurrences are in lawns 2012), which may compete with L. appeared that L. exigua var. laciniata or other landscaped habitats. All of exigua var. laciniata for resources. had not been harmed by the silt fence these 22 lawn occurrences are assessed Threats associated with fescue will be failure. No followup surveys have been as a D-rank based on habitat quality discussed under the subsection of completed to assess the long-term and/or population numbers. The lack of ‘‘Lawns’’ below. impacts to this population. Although native plant associates and the presence Vegetation management activities direct effects were avoided in this of nonnative lawn species, against such as mowing and herbicide example, it demonstrates how indirect which L. exigua var. laciniata is a poor application for management of the impacts could occur due to proximity of competitor (Rollins 1963, p. 17; Baskin utility right-of-way can also modify and the action to the L. exigua var. laciniata and Baskin 1985, p. 387), contribute degrade habitat for L. exigua var. plants. heavily to the poor viability assessed

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these populations. Additionally, 17 of maintained by fire (Baskins, et al. 1994, depth can alter the habitat such that it the 22 lawn occurrences have a low p. 238). Suppression of fire around the is more suitable for species previously number of individuals assessed (100 or glade results in the accumulation of excluded from the habitat that will few plants) with 15 of these occurrences organic matter in and around the glade. compete with L. exigua var. laciniata for having fewer than 50 plants during their The buildup results in increased soils water and nutrients, or sunlight. most recent assessments (KSNPC 2012, depth and allows for the growth of trees Climate Change pp. 1–108). Of the 16 extirpated and other plants that require deeper occurrences, the loss of four of these soils than typically found in and around Our analyses under the Endangered occurrences is attributed to habitat the glades. Forest encroachment, Species Act include consideration of conversion to lawns or other landscaped whether due to lack of fire or other ongoing and projected changes in habitats (KSNPC 2012, pp. 1–108). sources, threatens L. exigua var. climate. The terms ‘‘climate’’ and laciniata by increasing shade, to which ‘‘climate change’’ are defined by the Agriculture/Grazing L. exigua var. laciniata is intolerant, and Intergovernmental Panel on Climate Analysis of the known range of L. potentially changing the soil structure Change (IPCC). ‘‘Climate’’ refers to the exigua var. laciniata found that by adding organic materials. mean and variability of different types approximately 22 percent of the total KSNPC has recommended cedar of weather conditions over time, with 30 land area is in hay or pasture (USFWS removal and/or prescribed fire as a years being a typical period for such 2012, p. 1). In addition to being a management activity to promote L. measurements, although shorter or popular lawn species, tall fescue is also exigua var. laciniata at more than 10 longer periods also may be used (IPCC a popular hay/pasture grass in Kentucky extant occurrences. Evans and Hannan 2007, p. 78). The term ‘‘climate change’’ (NRCS USDA 2001, p. 1). Impacts to L. (1990, p. 15) also recommended tree thus refers to a change in the mean or exigua var. laciniata associated with the removal and prescribed fire as an variability of one or more measures of conversion of natural glade or gladelike important habitat management climate (e.g., temperature or habitat to fescue or other forage species technique for L. exigua var. laciniata. precipitation) that persists for an is very similar to those discussed in the Based on our knowledge of known L. extended period, typically decades or section on lawns. Grazing or haying of exigua var. laciniata occurrences, only longer, whether the change is due to the pasture may help maintain the glade four sites (Pine Creek Barrens, Rocky natural variability, human activity, or habitat, if it persists, by stunting the Run, Apple Valley, and McNeely Lake) both (IPCC 2007, p. 78). Various types growth or invasion of woody species have been or are being managed to of changes in climate can have direct or and maintaining the open herbaceous control forest encroachment around indirect effects on species. These effects nature of the habitat. glades containing L. exigua var. may be positive, neutral, or negative, However, grazing or haying may have laciniata. and they may change over time, negative impacts on L. exigua var. depending on the species and other laciniata occurrences, if it occurs prior Off-Road Vehicle Use and Horseback relevant considerations, such as the to seed set. Disturbance to the plants Riding effects of interactions of climate with could cause mortality, and compaction Although there are no established other variables (e.g., habitat of the soil from overgrazing could cause trails or designated areas specifically for fragmentation) (IPCC 2007, pp. 8–14, erosion or change soil moisture (USFWS riding horses or off-road vehicles within 18–19). In our analyses, we use our 2009, p. 2). High-intensity grazing can the range of the species, evidence of expert judgment to weigh relevant also have negative impacts on both these activities is apparent at several information, including uncertainty, in plants and the glade habitat by extant and historic L. exigua var. our consideration of various aspects of increasing soil compaction and erosion laciniata sites (KSNPC 2012, pp. 1–108). climate change. rates or excessive trampling (USFWS A site visit to Pine Creek Barrens in As is the case with all stressors that 2009, p. 2). Removing cattle from a April 2012 found evidence of we assess, even if we conclude that a habitat where grazing activities have unauthorized horse access. Glade species is currently affected or is likely helped to maintain the open habitat may habitat where L. exigua var. laciniata is to be affected in a negative way by one result in an increase in forage grasses known to occur at this site had fewer or more climate-related impacts, it does that may outcompete L. exigua var. plants than in previous years (Garland, not necessarily follow that the species laciniata and alter suitable habitat. We pers. obs., 2012). At least four L. exigua meets the definition of an ‘‘endangered are not aware of any studies that have var. laciniata sites appear to have been species’’ or a ‘‘threatened species’’ looked at the timing and intensity of impacted by ORV usage (KSNPC 2012, under the Act. If a species is listed as agricultural activities and their effects pp. 1–108). endangered or threatened, knowledge on L. exigua var. laciniata. However, The habitat requirements of L. exigua regarding the vulnerability of the changes in grazing activities (both more var. laciniata are very specific with species to, and known or anticipated and less) are considered threats to at shallow soils and high moisture content impacts from, climate-associated least two known occurrences (KSNPC in the winter and earlier spring, drying changes in environmental conditions 2012, pp. 1–108). out by early summer. Frequent use by can be used to help devise appropriate ORVs can result in soil compaction, strategies for its recovery. Forest Encroachment increased weed invasion (both native We lack firm predictions for future The dolomitic limestone glade and nonnative), wind and water erosion, patterns of precipitation and habitat, with which L. exigua var. altered water flow patterns, and temperature that are specific to laciniata is associated, has a natural decreased soil moisture (Stokowski & Kentucky. While it appears reasonable community of herbaceous, or LaPointe 2000, pp. 14–15). Changes to to assume that climate change will nonwoody, plants. These open areas are the habitat from ORV use can result in occur within the range of L. exigua var. maintained by their shallow soils a loss of suitability. Soil and wind laciniata, at this time we do not have (Baskin and Baskin 1978, p. 184; Barnes erosion can remove soils needed for information to indicate specifically how and Evan 2007, p. 12). Glades are often plant growth and seed dispersal. If the climate change may affect the species or associated with barrens, which are glade habitat is the recipient of the its habitat. However, since the species is believed to have been created and eroded material, the increase in soil a habitat specialist, it seems unlikely

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that this species will be flexible in terms Additional impacts of this nature are seed source available for establishment. of shifting to new habitats if the glades expected to continue far into the future Seed was collected at two other sites; become unsuitable. Also, if conditions as the human population within the both areas where the suitable habitat is shift in favor of nonnatives, the species range of L. exigua var. laciniata marginal. One of these sites is a will likely be negatively affected. continues to grow. While the rate of roadside and another is in an area development and associated activities Conservation Efforts To Reduce the increasingly dominated by fescue. will probably not reach the highs seen Present or Threatened Destruction, About 50 seeds were collected from during the housing market bubble of the Modification, or Curtailment of Its each site at the end of the period for mid-2000s, it is expected to continue at Habitat or Range seed dispersal for this species. This a rate above the state average. As the constitutes a very small portion of the In 1986, the owner of Rocky Run Louisville metropolitan area continues seed produced at these sites. This seed Glade entered into a written agreement to expand, undeveloped portions of is being stored at the KSNPC until a with KSNPC not to alter the registered southern Jefferson and northeastern suitable recovery site is identified or area and to allow KSNPC agents to enter Bullitt Counties will continue to be arrangement with a long-term storage the area for scientific observation, attractive to developers and, facility is made. research or education, in exchange for consequently, residential and These few current and historic the Registered Natural Area designation. commercial development and its collections are not believed to have a The agreement will remain in effect ancillary activities will continue. significant impact on L. exigua var. until terminated by either the Documented impacts from horseback laciniata. The Service will coordinate landowner or KSNPC with 30-days’ riding, ORV use, and changes in grazing with any agency or university studying notice. While the agreement recognizes practices have resulted in the loss or L. exigua var. laciniata to ensure that the conservation mindset of the degradation of several L. exigua var. future collections will not significantly property owner, it offers no long-term laciniata occurrences. These activities contribute to the decline of the species. protection to the species due to its are expected to continue in the future We have no information to suggest that nonbinding nature. However, the but to an unknown extent. Forest L. exigua var. laciniata is collected for agreement has been in place for more encroachment is expected to continue in than 20 years, and we have no reason commercial, recreational, or educational areas without active management. A few purposes, and we have no reason to to believe it will be terminated. voluntary conservation measures are in Habitat management activities can believe that this factor will become a place on private, state and local threat to the species in the future. also reduce threats to the species government owned properties that associated with habitat modification reduce threats to specific L. exigua var. Factor C. Disease or Predation from invasive species and forest laciniata occurrences, but to date, none We have identified no available encroachment. Some habitat have resulted in any measurements of information regarding disease in L. management occurs on the previously success or assurances that these exigua var. laciniata. Furthermore, we mentioned conservation areas (Apple activities will continue into the future. have identified no information Valley Glade, Pine Creek Barrens and Climate change has the potential to regarding animal (wild or domestic) Rocky Run); however, we are unaware impact this species, but to what extent predation on L. exigua var. laciniata. of any monitoring efforts that would we cannot predict. indicate whether or not these efforts are Field observations by the KSNPC during successful. Additionally, we are not Factor B. Overutilization for extensive surveys of this species aware of any agreements or assurances Commercial, Recreational, Scientific, or indicate that neither disease nor that would ensure that these measures Educational Purposes predation is a factor contributing to the would be continued into the future. We Due to the small size and limited decline of the species at this time (Evans have requested additional information distribution of the few remaining and Hannan 1990, p. 12; White, pers. on this subject in the ‘‘Information populations, L. exigua var. laciniata is comm., 2012). Requested’’ portion of this rule. potentially vulnerable to overutilization. Factor D. The Inadequacy of Existing Jefferson Metro Parks, which manages A study by Baskins and Baskins (1981, Regulatory Mechanisms McNeely Lake Park for the Jefferson pp. 246–247) involved the collection of County Metro Government, has received seeds, plants and three soil blocks Section 4(b)(1)(A) of the Act requires flexible funding from the Service to containing L. exigua var. laciniata seeds the Service to take into account ‘‘those develop a management plan for the L. from two sites in Bullitt County in 1976. efforts, if any, being made by any State exigua var. laciniata occurrence within However, this study did not assess the or foreign nation, or any political the park and to implement habitat impacts of these collections on the subdivision of a State or foreign nation, improvement measures such as invasive populations of L. exigua var. laciniata at to protect such species. . . .’’ In relation species and woody plant removal in the the collection sites. We are unaware of to Factor D, we interpret this language areas surrounding L. exigua var. any scientific studies in recent years to require the Service to consider laciniata. This work has not yet been that involved any collection of L. exigua relevant Federal, State, and tribal laws, initiated. var. laciniata. regulations, and other such mechanisms The KSNPC has recently been that may minimize any of the threats we Summary of Factor A collecting seed from L. exigua var. describe in threat analyses under the Comprehensively, the loss and laciniata sites in order to preserve other four factors, or otherwise enhance degradation of habitat represents the genetic materials from sites that are conservation of the species. We give the greatest threat to L. exigua var. laciniata. considered to have poor viability and strongest weight to statutes and their Destruction and degradation of glades also for sites where habitat is sufficient implementing regulations and to through development, roads, utilities, to expand or supplement the existing management direction that stems from and conversion to lawns has resulted in populations. In 2012, seed was collected those laws and regulations, such as fewer occurrences of L. exigua var. and planted at a nature preserve to State governmental actions enforced laciniata and reduced the quality of expand the population into adjacent under a State statute or constitution or many of the remaining occurrences. suitable habitat and supplement the Federal action under statute.

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Having evaluated the significance of species that occurs across a broader pollinates due to the biological changes the threats as mitigated by any such landscape. associated with self-compatibility in conservation efforts, we review existing Leavenworthia species. Such changes Small Population Size State and Federal regulatory include, but are not limited to, mechanisms to determine whether or Annual plants often have widely reduction in flower size, a shift from not they effectively reduce or remove fluctuating populations and may or may odiferous to nonodiferous flowers and threats to L. exigua var. laciniata. not have abundant seed banks (Bush flowering during a period when insect and Lancaster 2004, p. 1). However, a The Kentucky Rare Plants Recognition activity is minimal (Rollins 1963, pp. given year’s plant population strongly Act, Kentucky Revised Statutes (KRS) 41–43). influences the seed bank for that site. A Chapter 146 Section 600–619, directs Research by Liu et al. (1998, p. 298) review of recent population estimates on other Leavenworthia species (L. the KSNPC to identify plants native to for the extant populations found that 33 uniflora, L. crassa and L. stylosa) found Kentucky that are in danger of of 61 sites had 100 or fewer individuals that self-compatible species (species extirpation within Kentucky and report at the time of their last survey. that self or cross pollinate) had lower every 4 years to the Governor and Additionally, the majority of these genetic diversity than the species that General Assembly on the conditions and populations have shown a decline were not self-compatible. An earlier needs of these threatened or endangered throughout the period in which KSNPC laboratory study on L. uniflora and L. plants. This list of endangered or has been conducting status surveys crassa by Charlesworth et al. (1994, p. threatened plants in Kentucky is found (roughly 1990 to 2012) (KSNPC 2012, 211) found that the offspring from self- in the Kentucky Administrative pp. 1–108). pollination had lower survival and Regulations Title 400 Chapter 3:040. Small populations can be prone to fertility than those offspring produced The statute (KRS 146:600–619) extirpation, especially if a series of by cross-pollination. recognizes the need to develop and drought years greatly reduces seed maintain information regarding production and depletes the soil seed Summary of Factor E distribution, population, habitat needs, bank. Small populations can also be L. exigua var. laciniata is subject to limiting factors, other biological data, prone to extirpation from single adverse several ongoing natural and manmade and requirements for the survival of natural or manmade events. Low factors, which could affect its continued plants native to Kentucky. This statute numbers of plants, confined to very existence. The species has a narrow does not include any regulatory small areas, can be totally eradicated by range, occurring in only small portions prohibitions of activities or direct actions such as installation of utility of two counties. Within this range, L. protections for any species included in lines, road construction, or exigua var. laciniata is restricted to the list. It is expressly stated in KRS development. The majority of the extant cedar glades and similar shallow-soiled 146.615 that this list of threatened or occurrences of L. exigua var. laciniata areas that occur sporadically across the endangered plants shall not obstruct or are small, covering only a few square range. More than half of the remaining hinder any development or use of meters (KSNPC 2012, pp. 1–108). occurrences had low (fewer than 100 public or private land. Furthermore, the Small population size also increases individuals) population counts at the intent of this statute is not to ameliorate the risk of total loss of populations due time of the most recent survey. the threats identified for the species but to contact with herbicides or shading Additionally, the presumed low genetic it does provide information on the and leaf litter accumulation from forest diversity within individual occurrences species. encroachment, because these threats are of L. exigua var. laciniata could place We are not aware of any other State likely to affect the entirety of any given those occurrences at a high risk of or Federal statutes or regulations that occurrence. Sustained drought may extirpation as their capacity for would provide protections to L. exigua reduce the reproductive effort of a adaptation to change is reduced. var. laciniata. population. Reduced reproductive effort Determination affects the seed bank, which represents Factor E. Other Natural or Manmade the reproductive capacity of each glade The most significant threats to the Factors Affecting Its Continued cress population. Although no studies species are described under Factors A Existence have examined the long-term viability of (the present or threatened destruction, Narrow Range L. exigua var. laciniata seed, Baskin and modification, or curtailment of its Baskin (1981, p. 247) found that more habitat or range) and E (other natural or L. exigua var. laciniata is a narrow than 90 percent of the total germination manmade factors affecting its continued endemic known to occur only in took place in the first growing season. existence). Based on the Factor A northeastern Bullitt County and extreme In addition to increasing vulnerability analysis, we conclude that the loss and southeastern Jefferson County (Evans to direct threats, small population size degradation of habitat represents the and Hannah 1990, p. 6; Jones 2005, p. can result in a decrease in genetic greatest threat to L. exigua var. laciniata. 294; White 2004, p. 1). A mapping of diversity due to genetic drift (the Destruction and degradation of glades known occurrences shows this taxon to random change in genetic variation in through development, roads, utilities, be restricted to an area less than 100 each generation), and inbreeding and conversion to lawns has resulted in square miles. Within this area, L. exigua (mating of related individuals) fewer occurrences of L. exigua var. var. laciniata is restricted to the small (Antonovics 1976, p. 238; Ellstram and laciniata and reduced the quality of patches of suitable habitat associated Elam 1993, pp. 218–219). many of the remaining occurrences. with shallow soils that are interspersed Additional impacts of this nature are with flat-bedded Silurian dolomite and Low Genetic Diversity expected to continue for the foreseeable dolomitic limestones. This narrow range L. exigua var. laciniata has the ability future as the human population within places L. exigua var. laciniata at a to self or cross pollinate (Rollins 1963, the range of L. exigua var. laciniata higher risk for extinction from habitat p. 17). The degree to which either form continues to grow. While the rate of loss or degradation associated with of pollination is used over the other is development and associated activities localized events (manmade or natural), not known. However, we believe that L. will probably not reach the highs seen change in land use, or industry than a exigua var. laciniata primarily self- during the housing market bubble of the

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mid-2000s, it is expected to continue at leads us to conclude that the severity of laciniata as threatened in accordance a rate above the State average. As the these threats is high. with sections 3(6) and 4(a)(1) of the Act. Louisville metropolitan area continues Therefore, based on our review of the Available Conservation Measures to expand, undeveloped portions of best available scientific and commercial southern Jefferson and northeastern information, we conclude that the Conservation measures provided to Bullitt counties will continue to be narrow range, low genetic diversity, and species listed as endangered or attractive to developers and, small population size, as described in threatened species under the Act consequently, residential and the Factor E analysis, both alone and in include recognition, recovery actions, commercial development and its conjunction with the threats described requirements for Federal protection, and ancillary activities will continue. under Factor A, constitutes a significant prohibitions against certain practices. Expansion of lawn grasses will continue threat to L. exigua var. laciniata. We Recognition, through listing, results in to threaten L. exigua var. laciniata were unable to identify any factors, public awareness and conservation by regardless of development rates as they including (but not limited to) Federal, State, Tribal, and local encroach on glades and gladelike areas management actions, regulatory agencies, private organizations, and lacking in habitat management activities mechanisms, or protective agreements, individuals. The Act encourages that would exclude them. As a poor that appear to mitigate or reduce these cooperation with the States and requires competitor, inhabiting areas of shallow threats. that recovery actions be carried out for soil and droughty conditions during the We propose to list the species as all listed species. The protection growing season, this species is threatened, rather than endangered, due required by Federal agencies and the particularly vulnerable to habitat to the relatively high current number of prohibitions against certain activities degradation from nonnative and woody extant populations (61). Although are discussed, in part, below. The primary purpose of the Act is the species. threats to the taxon are ongoing, often severe, and occurring across the range, conservation of endangered and Documented impacts from horseback the possibility that all occurrences threatened species and the ecosystems riding and ORV use have resulted in the would be equally impacted in the upon which they depend. The ultimate loss or degradation of several L. exigua foreseeable future so as to cause goal of such conservation efforts is the var. laciniata occurrences. These extinction is unlikely. Therefore, on the recovery of these listed species, so that activities in close proximity to L. exigua basis of the best available scientific and they no longer need the protective var. laciniata populations are expected commercial information, we propose measures of the Act. Subsection 4(f) of to continue in the future and can result listing L. exigua var. laciniata as the Act requires the Service to develop in a significant threat to the species. threatened in accordance with sections and implement recovery plans for the Based on our review of the best 3(6) and 4(a)(1) of the Act. conservation of endangered and available information, we conclude that threatened species. The recovery agricultural activities such as habitat Significant Portion of the Range planning process involves the conversion to pasture and changes in The Act defines an endangered identification of actions that are grazing intensity constitute a significant species as any species that is ‘‘in danger necessary to halt or reverse the species’ threat to L. exigua var. laciniata. of extinction throughout all or a decline by addressing the threats to its Additionally, the lack of prescribed fire significant portion of its range’’ and a survival and recovery. The goal of this on the open ground surrounding most of threatened species as any species ‘‘that process is to restore listed species to a the glades containing L. exigua var. is likely to become endangered point where they are secure, self- laciniata, and the documented threat throughout all or a significant portion of sustaining, and functioning components associated with forest encroachment, its range within the foreseeable future.’’ of their ecosystems. leads us to conclude that forest A major part of the analysis of Recovery planning includes the encroachment is a significant threat to L. ‘‘significant portion of the range’’ development of a recovery outline exigua var. laciniata. requires considering whether the threats shortly after a species is listed, The Factor E analysis demonstrated to the species are geographically preparation of a draft and final recovery that L. exigua var. laciniata is subject to concentrated in any way. If the threats plan, and revisions to the plan as several ongoing natural and manmade are essentially uniform throughout the significant new information becomes threats. The species has a narrow range, species’ range, then no portion is likely available. The recovery outline guides occurring in only small portions of two to warrant further consideration. the immediate implementation of urgent counties. Within this range, L. exigua We have carefully considered all recovery actions and describes the var. laciniata is restricted to cedar scientific and commercial information process to be used to develop a recovery glades and similar shallow-soiled areas available regarding the past, present, plan. The recovery plan identifies site- which occur sporadically across the and future threats to L. exigua var. specific management actions that will range. More than half of the remaining laciniata. L. exigua var. laciniata, achieve recovery of the species, occurrences had low (fewer than 100 proposed for listing in this rule, occurs measurable criteria that determine when individuals) population counts at the only in portions of two Kentucky a species may be downlisted or delisted, time of the most recent survey. counties and the threats to the survival and methods for monitoring recovery Additionally, the presumed low genetic of the taxon are not restricted to any progress. Recovery plans also establish diversity within individual occurrences particular significant portion of that a framework for agencies to coordinate of L. exigua var. laciniata could place range. Accordingly, our assessment and their recovery efforts and provide those occurrences at a high risk as their determination applies to the taxon estimates of the cost of implementing capacity for adaptation to change is throughout its entire range. We find that recovery tasks. Recovery teams reduced. These threats occur across the L. exigua var. laciniata is likely, within (comprising species experts, Federal taxon’s range and are ongoing and, the foreseeable future, to become an and State agencies, nongovernmental therefore, imminent. The reduced endangered species throughout its entire organizations, and stakeholders) are ability to adapt to changing conditions range, based on the immediacy, severity, often established to develop recovery combined with the habitat modification and scope of the threats described plans. When completed, the recovery and destruction described in Factor A above. We propose listing L. exigua var. outline, draft recovery plan, and the

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final recovery plan will be available on the Act requires Federal agencies to Our policy, as published in the our Web site (http://www.fws.gov/ ensure that activities they authorize, Federal Register on July 1, 1994 (59 FR endangered), or from our Kentucky fund, or carry out are not likely to 34272), is to identify to the maximum Ecological Services Field Office (see FOR jeopardize the continued existence of extent practicable at the time a species FURTHER INFORMATION CONTACT). the species or destroy or adversely is listed, those activities that would or Implementation of recovery actions modify its critical habitat. If a Federal would not constitute a violation of generally requires the participation of a action may affect a listed species or its section 9 of the Act. The intent of this broad range of partners, including other critical habitat, the responsible Federal policy is to increase public awareness of Federal agencies, States, Tribes, agency must enter into formal the effect of a proposed listing on nongovernmental organizations, consultation with the Service. proposed and ongoing activities within businesses, and private landowners. For L. exigua var. laciniata, Federal the range of species proposed for listing. Examples of recovery actions include agency actions within the species’ We believe, based on the best available habitat restoration (e.g., restoration of habitat that may require conference or information, that the public can take the native vegetation), research, captive consultation or both as described in the following actions without resulting in a propagation and reintroduction, and preceding paragraph include, but may violation of section 9, only if these outreach and education. The recovery of not be limited to: Issuance of section activities are carried out in accordance many listed species cannot be 404 Clean Water Act permits by the with existing regulations and permit accomplished solely on Federal lands USACE; construction and management requirements: because their ranges may occur of gas pipeline and power line rights-of- (1) Activities authorized, funded, or primarily or solely on non-Federal way by the Federal Energy Regulatory carried out by Federal agencies (e.g. lands, as is the situation with L. exigua Commission; and construction and utility line construction, maintenance, var. laciniata. To achieve recovery of maintenance of roads or highways by and improvement; highway these species requires cooperative the Federal Highway Administration. construction, maintenance, and conservation efforts on private, local The Act and its implementing improvement) when such activity is government, State, and Tribal lands. regulations set forth a series of general conducted in accordance with any If this species is listed, funding for prohibitions and exceptions that apply reasonable and prudent measures recovery actions will be available from to endangered plants. All prohibitions provided by us according to section 7 of a variety of sources, including Federal of section 9(a)(2) of the Act, the Act. budgets, State programs, and cost-share implemented by 50 CFR 17.61, apply. (2) Normal agricultural and grants for non-Federal landowners, the These prohibitions, in part, make it silvicultural practices, including academic community, and illegal for any person subject to the herbicide and pesticide use, which are nongovernmental organizations. In jurisdiction of the United States to carried out in accordance with any addition, pursuant to section 6 of the import or export, transport in interstate existing regulations, permit and label Act, the Commonwealth of Kentucky or foreign commerce in the course of a requirements, and best management would be eligible for Federal funds to commercial activity, sell or offer for sale practices. implement management actions that in interstate or foreign commerce, or (3) Normal landscape activities promote the protection and recovery of remove and reduce the species to around your own personal residence. L. exigua var. laciniata. Information on possession from areas under Federal The following activities could our grant programs that are available to jurisdiction. In addition, for plants potentially result in a violation of aid species recovery can be found at: listed as endangered, the Act prohibits section 9 of the Act; however, this list http://www.fws.gov/grants. the malicious damage or destruction on is not comprehensive: Although L. exigua var. laciniata is areas under Federal jurisdiction and the Unauthorized collecting, handling, only proposed for listing under the Act removal, cutting, digging up, or possessing, selling, delivering, carrying, at this time, please let us know if you damaging or destroying of such plants or transporting of the species, including are interested in participating in in knowing violation of any State law or import or export across State lines and recovery efforts for this species. regulation, including State criminal international boundaries, except for Additionally, we invite you to submit trespass law. Certain exceptions to the properly documented antique any new information on this species prohibitions apply to agents of the specimens of these taxa at least 100 whenever it becomes available and any Service and State conservation agencies. years old, as defined by section 10(h)(1) information you may have for recovery Although the KSNPC has designated L. of the Act. planning purposes (see FOR FURTHER exigua var. laciniata as endangered Questions regarding whether specific INFORMATION CONTACT). within Kentucky, this designation activities would constitute a violation of Section 7(a) of the Act requires conveys no legal protection. The Act section 9 of the Act should be directed Federal agencies to evaluate their will, therefore, offer the only protections to the Kentucky Ecological Services actions with respect to any species that to this taxon. Field Office (see FOR FURTHER is proposed or listed as endangered or We may issue permits to carry out INFORMATION CONTACT). Requests for threatened and with respect to its otherwise prohibited activities copies of the regulations concerning critical habitat, if any is designated. involving endangered and threatened listed plants and general inquiries Regulations implementing this wildlife species under certain regarding prohibitions and permits may interagency cooperation provision of the circumstances. Regulations governing be addressed to the U.S. Fish and Act are codified at 50 CFR part 402. permits are codified at 50 CFR 17.22 for Wildlife Service, Ecological Services Section 7(a)(4) of the Act requires endangered species, and at 17.32 for Division, 1875 Century Boulevard, Federal agencies to confer with the threatened species. With regard to Atlanta, GA 30345 (Phone 404/679– Service on any action that is likely to endangered wildlife, a permit must be 7313; Fax 404/679–7081). jeopardize the continued existence of a issued for the following purposes: For species proposed for listing or result in scientific purposes, to enhance the Peer Review destruction or adverse modification of propagation or survival of the species In accordance with our joint policy on proposed critical habitat. If a species is and for incidental take in connection peer review published in the Federal listed subsequently, section 7(a)(2) of with otherwise lawful activities. Register on July 1, 1994 (59 FR 34270),

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we will seek the expert opinions of at language. This means that each rule we Internet at http://www.regulations.gov least three appropriate and independent publish must: or upon request from the Field specialists regarding this proposed rule. (1) Be logically organized; Supervisor, Kentucky Ecological The purpose of peer review is to ensure (2) Use the active voice to address Services Field Office (see FOR FURTHER that listing the species is based on readers directly; INFORMATION CONTACT). scientifically sound data, assumptions, (3) Use clear language rather than Authors and analyses. We have invited these jargon; peer reviewers to comment during this (4) Be divided into short sections and The primary authors of this document public comment period on our specific sentences; and are the staff members of the Kentucky assumptions and conclusions in this (5) Use lists and tables wherever Ecological Services Field Office (see FOR proposed rule. possible. FURTHER INFORMATION CONTACT). We will consider all comments and If you feel that we have not met these information received during this requirements, send us comments by one List of Subjects in 50 CFR Part 17 comment period on this proposed rule of the methods listed in the ADDRESSES Endangered and threatened species, during our preparation of a final section. To better help us revise the Exports, Imports, Reporting and determination. Accordingly, the final rule, your comments should be as recordkeeping requirements, decision may differ from this proposal. specific as possible. For example, you Transportation. Public Hearings should tell us the numbers of the sections or paragraphs that are unclearly Proposed Regulation Promulgation Section 4(b)(5) of the Act provides for written, which sections or sentences are one or more public hearings on this too long, the sections where you feel Accordingly, we propose to amend proposal, if requested. Requests must be lists or tables would be useful, etc. part 17, subchapter B of chapter I, title received within 45 days after the date of 50 of the Code of Federal Regulations, publication of this proposed rule in the National Environmental Policy Act as follows: Federal Register. Such requests must be (NEPA) sent to the address shown in the We have determined that PART 17—[AMENDED] ADDRESSES section. We will schedule environmental assessments and public hearings on this proposal, if any environmental impact statements, as ■ 1. The authority citation for part 17 are requested, and announce the dates, defined under the authority of the continues to read as follows: times, and places of those hearings, as National Environmental Policy Act of well as how to obtain reasonable Authority: 16 U.S.C. 1361–1407; 1531– 1969 (42 U.S.C. 4321 et seq.), need not 1544; 4201–4245; unless otherwise noted. accommodations, in the Federal be prepared in connection with listing Register and local newspapers at least a species as endangered or threatened ■ 2. In § 17.12(h), add an entry for 15 days before the hearing. under the Act. We published a notice ‘‘Leavenworthia exigua var. laciniata’’ Required Determinations outlining our reasons for this in alphabetical order under ‘‘Flowering determination in the Federal Register Plants’’ in the List of Endangered and Clarity of the Rule on October 25, 1983 (48 FR 49244). Threatened Plants to read as follows: We are required by Executive Orders § 17.12 Endangered and threatened plants. 12866 and 12988 and by the References Cited Presidential Memorandum of June 1, A complete list of all references cited * * * * * 1998, to write all rules in plain in this rulemaking is available on the (h) * * *

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

FLOWERING PLANTS

******* Leavenworthia Kentucky glade U.S.A. (KY) ...... Brassicaceae ...... T ...... NA NA exigua var. cress. laciniata.

*******

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* * * * * ADDRESSES: You may submit comments Background Dated: May 6, 2013. on the amendment identified by Yellowtail Snapper ‘‘NOAA–NMFS–2013–0088’’ by any of Rowan W Gould, The state of Florida completed a stock Deputy Director, U.S. Fish and Wildlife the following methods: • assessment for yellowtail snapper in Service. Electronic submissions: Submit May 2012. The yellowtail snapper stock [FR Doc. 2013–12103 Filed 5–23–13; 8:45 am] electronic comments via the Federal e- is neither overfished nor currently BILLING CODE 4310–55–P Rulemaking Portal: http:// undergoing overfishing. The assessment www.regulations.gov. Go to results suggest the yellowtail snapper www.regulations.gov/ catch levels could be increased without DEPARTMENT OF COMMERCE #!docketDetail;D=NOAA-NMFS-2013- jeopardizing the health of the 0088, click the ‘‘Comment Now!’’ icon, population. Both the Gulf of Mexico and National Oceanic and Atmospheric complete the required fields, and enter South Atlantic Fishery Management Administration or attach your comments. Councils’ Scientific and Statistical Committees (SSCs) reviewed the 50 CFR Part 622 • Mail: Submit written comments to Rick DeVictor, Southeast Regional assessment in October 2012 and [Docket No. 120924488–3473–01] Office, NMFS, 263 13th Avenue South, determined the assessment to be based St. Petersburg, FL 33701. upon the best scientific information RIN 0648–BC60 available and provided a new acceptable Instructions: Comments sent by any biological catch (ABC) recommendation Fisheries of the Caribbean, Gulf of other method, to any other address or that is greater than the previous Mexico, and South Atlantic; Snapper- individual, or received after the end of recommendation. Grouper Fishery Off the Southern the comment period, may not be While the Council and NMFS were Atlantic States; Regulatory considered by NMFS. All comments developing Regulatory Amendment 15, Amendment 15 received are a part of the public record the Council requested an emergency and will generally be posted for public rule under the Magnuson-Stevens Act to AGENCY: National Marine Fisheries viewing on www.regulations.gov temporarily increase the yellowtail Service (NMFS), National Oceanic and without change. All personal identifying snapper commercial ACL. On November Atmospheric Administration (NOAA), 7, 2012, NMFS implemented a Commerce. information (e.g., name, address, etc.), confidential business information, or temporary rule to increase the ACTION: Proposed rule; request for otherwise sensitive information commercial ACL in the South Atlantic comments. submitted voluntarily by the sender will to prevent unnecessary adverse socioeconomic impacts on snapper- SUMMARY: NMFS proposes regulations to be publicly accessible. NMFS will accept anonymous comments (enter grouper fishermen (77 FR 66744). The implement Regulatory Amendment 15 temporary rule was effective through to the Fishery Management Plan for the ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to May 6, 2013, and was extended through Snapper-Grouper Fishery of the South November 28, 2013 (78 FR 25213, April electronic comments will be accepted in Atlantic Region (FMP), as prepared by 30, 2013), unless superseded by other Microsoft Word, Excel, or Adobe PDF the South Atlantic Fishery Management rulemaking. Council (Council). Regulatory file formats only. Amendment 15 would revise the Electronic copies of Regulatory Gag and Other South Atlantic Shallow- optimum yield (OY) and the annual Amendment 15, which includes an Water Grouper catch limit (ACL) for yellowtail snapper. environmental assessment, an initial The final rule to implement If implemented, this rule would regulatory flexibility analysis (IRFA), Amendment 16 to the FMP established increase the commercial and and a regulatory impact review, may be a suite of management measures to end recreational ACLs and recreational obtained from the Southeast Regional the overfishing of gag (74 FR 30964, annual catch target (ACT) for yellowtail Office Web site at http:// June 29, 2009). These measures snapper harvested in or from the South sero.nmfs.noaa.gov/sf/pdfs/ included reducing the aggregate bag Atlantic exclusive economic zone (EEZ). SGRegAmend15.pdf. limit for groupers and tilefishes, This rule would also modify the reducing the bag limit for gag and black commercial ACL and the accountability FOR FURTHER INFORMATION CONTACT: Rick grouper combined, establishing a measure (AM) for gag that requires a DeVictor, Southeast Regional Office, commercial quota for gag, and closure of all other South Atlantic telephone: 727–824–5305, or email: establishing a 4-month seasonal closure shallow-water grouper (SASWG) when [email protected]. for SASWG species. The final rule also the gag commercial ACL is met or implemented a management measure projected to be met. This rule also SUPPLEMENTARY INFORMATION: The that closes the commercial sector for gag proposes several administrative changes snapper-grouper fishery of the South and all other SASWG for the remainder to regulatory text, which are unrelated Atlantic, which includes yellowtail of the fishing year when the gag quota to the measures contained in Regulatory snapper and SASWG species (i.e., gag, (now called an ACL) is met. This Amendment 15. The intent of this rule black grouper, red grouper, scamp, red measure was implemented to reduce is to provide socio-economic benefits to hind, rock hind, yellowmouth grouper, bycatch of gag. However, new snapper-grouper fishermen and yellowfin grouper, graysby, and coney), information suggests the closure of gag communities that utilize the snapper- is managed under the FMP. The FMP and all other SASWG is not as effective grouper resource, while maintaining was prepared by the Council and is as previously thought at reducing fishing mortality at sustainable levels implemented through regulations at 50 bycatch of gag. Recent studies suggest according to the best scientific CFR part 622 under the authority of the that, with the exception of red grouper information available. Magnuson-Stevens Fishery and scamp, gag are not as closely DATES: Written comments must be Conservation and Management Act associated in landings with the other received on or before June 24, 2013. (Magnuson-Stevens Act). SASWG species.

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