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has determined that this action will not commodities in the table below. ADDRESSES: This final rule and the PDM have a substantial direct effect on States Compliance with the tolerance levels plan are available on the Internet at or tribal governments, on the specified below is to be determined by http://www.regulations.gov at Docket relationship between the national measuring only mandestrobin, 2-[(2,5- Number FWS–R4–ES–2014–0054. government and the States or tribal dimethylphenoxy)methyl]-a-methoxy- Comments and materials received, as governments, or on the distribution of N-methylbenzeneacetamide. well as supporting documentation used power and responsibilities among the in the preparation of this rule, will be various levels of government or between Commodity Parts per available for public inspection by the Federal Government and Indian million appointment, during normal business tribes. Thus, the Agency has determined Berry, low growing, subgroup hours, at the Service’s that Executive Order 13132, entitled 13–07G, except cranberry .... 3.0 Ecological Services Field Office, 330 ‘‘Federalism’’ (64 FR 43255, August 10, Fruit, small vine climbing, ex- West Broadway, Suite 265, Frankfort, 1999) and Executive Order 13175, cept fuzzy kiwifruit, subgroup KY 40601. entitled ‘‘Consultation and Coordination 13–07F ...... 5.0 FOR FURTHER INFORMATION CONTACT: with Indian Tribal Governments’’ (65 FR Grape, raisin ...... 7.0 Virgil Lee Andrews, Jr., Field 67249, November 9, 2000) do not apply Supervisor, U.S. Fish and Wildlife to this action. In addition, this action (b) Section 18 emergency exemptions. Service, Kentucky Ecological Services does not impose any enforceable duty or [Reserved] Field Office, 330 West Broadway, Suite contain any unfunded mandate as (c) Tolerances with regional 265, Frankfort, KY 40601; telephone described under Title II of the Unfunded registrations. [Reserved] (502) 695–0468. Individuals who are Mandates Reform Act (UMRA) (2 U.S.C. (d) Indirect or inadvertent tolerances. hearing-impaired or speech-impaired 1501 et seq.). [Reserved] may call the Federal Information Relay This action does not involve any [FR Doc. 2016–24492 Filed 10–7–16; 8:45 am] Service at (800) 877–8339 for TTY technical standards that would require BILLING CODE 6560–50–P assistance 24 hours a day, 7 days a Agency consideration of voluntary week. consensus standards pursuant to section SUPPLEMENTARY INFORMATION: 12(d) of the National Technology DEPARTMENT OF THE INTERIOR Transfer and Advancement Act Executive Summary (NTTAA) (15 U.S.C. 272 note). Fish and Wildlife Service This document contains: (1) A final VII. Congressional Review Act rule to remove albopilosa from 50 CFR Part 17 Pursuant to the Congressional Review the Federal List of Endangered and Act (5 U.S.C. 801 et seq.), EPA will Threatened at 50 CFR 17.12(h); [Docket No. FWS–R4–ES–2014–0054; and (2) a notice of availability of a final submit a report containing this rule and FXES11130900000 167 FF09E42000] other required information to the U.S. PDM plan. Senate, the U.S. House of RIN 1018–BA46 addressed—Solidago Representatives, and the Comptroller albopilosa (white-haired goldenrod) is General of the United States prior to Endangered and Threatened Wildlife an upright, herbaceous with soft, publication of the rule in the Federal and Plants; Removal of Solidago white hairs covering its leaves and Register. This action is not a ‘‘major albopilosa (White-haired Goldenrod) stems (Andreasen and Eshbaugh 1973, rule’’ as defined by 5 U.S.C. 804(2). From the Federal List of Endangered p. 123). The species produces clusters of and Threatened Plants small, fragrant, yellow flowers from List of Subjects in 40 CFR Part 180 September to November. S. albopilosa is AGENCY: Fish and Wildlife Service, Environmental protection, restricted to sandstone rock shelters or Interior. Administrative practice and procedure, rocky ledges of a highly dissected region Agricultural commodities, Pesticides ACTION: Final rule and notice of known as the in and pests, Reporting and recordkeeping availability of final post-delisting Menifee, Powell, and Wolfe Counties, requirements. monitoring plan. KY. The Service listed Dated: September 30, 2016. SUMMARY: We, the U.S. Fish and as a threatened species under the Jack E. Housenger, Wildlife Service (Service), are removing Endangered Species Act of 1973, as Director, Office of Pesticide Programs. the plant Solidago albopilosa (white- amended (Act; 16 U.S.C. 1531 et seq.), haired goldenrod) from the Federal List Therefore, 40 CFR chapter I is primarily because of its limited range of Endangered and Threatened Plants. amended as follows: and threats associated with ground This action is based on a thorough disturbance and trampling caused by PART 180—[AMENDED] review of the best available scientific unlawful archaeological activities and and commercial information, which recreational activities such as camping, ■ 1. The authority citation for part 180 indicates that the threats to this species hiking, and rock climbing (53 FR 11612, continues to read as follows: have been eliminated or reduced to the April 7, 1988). Other identified threats Authority: 21 U.S.C. 321(q), 346a and 371. point that the species no longer meets included the inadequacy of regulatory the definition of an endangered or ■ mechanisms and minor vegetational 2. Add § 180.690 to subpart C to read threatened species under the as follows: changes in the surrounding forest. Endangered Species Act of 1973, as When the recovery plan for S. § 180.690 Mandestrobin; tolerances for amended. This rule also announces the albopilosa (white-haired goldenrod) residues. availability of a final post-delisting (Recovery Plan) was completed in 1993, (a) General. Tolerances are monitoring (PDM) plan for white-haired the Service knew of 90 extant established for residues of goldenrod. occurrences of S. albopilosa (Service mandestrobin, including its metabolites DATES: This rule is effective on 1993, p. 2), containing an estimated and degradates, in or on the November 10, 2016. 45,000 stems (each individual plant can

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have multiple stems (or branches); stem Plants, based on the reduction or Species Information counts have been the focus of most removal of threats. The following section contains survey efforts, rather than the number of Basis for the Regulatory Action— information updated from that individual plants, which is often not Under the Act, we may determine that presented in the proposed rule. discernable) (Service 1993, p. 2). The a species is an endangered or threatened Species Description and Life Recovery Plan defined an occurrence as species because of one or more of the History—Solidago albopilosa (Braun a ‘‘discrete group of plants beneath a five factors described in section 4(a)(1) 1942) is an upright to slightly arching, single rock shelter or on a single rock of the Act. We must consider the same herbaceous, perennial plant that attains ledge.’’ All of these locations were factors in removing a species from the a height of 30 to 100 centimeters (12 to situated within the proclamation List (delisting). Further, we may delist 39 inches). The species is commonly boundary of the Daniel Boone National a species if the best scientific and multi-stemmed because it produces Forest (DBNF), and 69 occurrences (77 commercial data indicate the species is rhizomes (horizontal, usually percent) were in Federal ownership. neither a threatened species nor an underground stems) that often root Currently, 117 extant occurrences of endangered species for one or more of below and produce new stems above. S. albopilosa are known, containing an the following reasons: (1) the species is Because of this, the number of plants at estimated 174,000 stems. All extant extinct; (2) the species has recovered a single site is often not discernable occurrences continue to be located and is no longer threatened or from above ground stem distributions. within the proclamation boundary of endangered; or (3) the original scientific The long, soft, white hairs that cover the the DBNF, and 111 occurrences (95 data used at the time the species was leaves and stems are the species’ most percent) are in Federal ownership and classified were in error. Here, in distinguishing characteristic (Andreasen receive management and protection addition to the application of the five and Eshbaugh 1973, p. 123). The through DBNF’s Land and Resource factors, we are delisting the species alternate leaves of S. albopilosa are Management Plan (LRMP) (U.S. Forest based on recovery. widest at their base and are prominently Service (USFS) 2004, pp. 1.1–1.10). We veined with a dark-green upper surface consider 81 of the extant occurrences We reviewed the best available and a pale underside. They vary in (69 percent) to be stable, meaning no scientific and commercial information length from 6 to 10 centimeters (2.5 to change has been detected in their pertaining to the five threat factors for 4.0 inches), with the larger leaves closer general rank or status over the last 12 white-haired goldenrod. All 4 peer to the base of the stem. Hairs cover both years. We consider 46 of the 81 stable reviewers and 7 of 10 public surfaces of the leaves and are most occurrences to be adequately protected commenters supported the proposed dense along the veins. The stem is and self-sustaining as defined by the action to delist white-haired goldenrod. cylindrical and densely covered with Recovery Plan, and these occurrences Our results are summarized as follows: fine white hairs. Axillary (positioned account for approximately 131,000 • We consider Solidago albopilosa to along the main axis of the plant) clusters stems, or about 75 percent of the be recovered because all substantial of small, fragrant, yellow flowers begin species’ total number. threats to this species have been blooming in late August. The flower Over the past 12 years, the Service has eliminated or reduced and adequate heads are composed of three to five ray worked closely with the Kentucky State regulatory mechanisms exist. florets (small flowers in the marginal Nature Preserves Commission (KSNPC) • The species has met all recovery part of the flower head) and more than and DBNF on the management and criteria as outlined in the Recovery Plan 15 disk florets (small flowers in the protection of the species. Management (there is a sufficient number of distinct, central part of the flower head). The ray activities have included trail diversion stable, self-sustaining, and adequately florets are about 6 mm long (0.24 inch), (away from S. albopilosa occurrences), protected occurrences). and the disk flowers are about 3 mm installation of protective fencing, and long (0.12 inch). The pale-brown, placement of informational signs in rock Previous Federal Actions pubescent, oblong achenes (dry single- shelters, along trails, and at trailheads. seed fruits) appear in October (Braun These activities and other management Please refer to the proposed rule to 1942, pp. 1–4; Andreasen and Eshbaugh actions included in the DBNF’s LRMP remove Solidago albopilosa from the 1973, p. 123; Service 1993, p. 1). (USFS 2004, pp. 3.5–3.8) have assisted Federal List of Endangered and Solidago albopilosa flowers from in recovery of the species. Furthermore, Threatened Plants (80 FR 52717, September through November and sets a new cooperative management September 1, 2015) for a detailed fruit in mid-October through December. agreement among the Service, DBNF, description of previous Federal actions The flowers are visited by bees and KSNPC, which was signed on concerning this species. We reopened (Families Apidae and Halictidae), moths August 29, 2016, will assist in the long- the comment period for the proposed (Order Lepidoptera), and syrphid flies term protection of the species. rule on February 26, 2016 (81 FR 9798), (Family Syrphidae), which are likely Considering the number of stable, in order to conduct peer review and attracted by the fragrant, yellow flowers self-sustaining, protected occurrences, provide interested parties an additional (Braun 1942, pp. 1–4; Service 1993, p. the management and protection of opportunity to comment on the 6). Viability of the species’ pollen is provided by DBNF’s LRMP and proposed rule and draft post-delisting reported to be high (Andreason and the new cooperative management monitoring plan. We requested that all Eshbaugh 1973, pp. 129–130). Seeds are agreement, and the lack of significant interested parties submit written most likely dispersed by wind, but threats to the species or its habitats, we comments by March 28, 2016. germination rates and the extent of conclude that Solidago albopilosa no Background vegetative reproduction in the wild are longer meets the definition of a unknown (Service 1993, p. 6). Seedlings threatened species under the Act. It is our intent to discuss in this final are observed frequently in the wild, but Purpose of the Regulatory Action— rule only those topics directly relevant the percentage of seeds that germinate The purpose of this action is to remove to the removal of Solidago albopilosa in the wild is unknown (Taylor 2016, Solidago albopilosa from the Federal from the Federal List of Endangered and U.S. Forest Service, pers. comm.). List of Endangered and Threatened Threatened Plants. Germination of seed collected from the

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wild has high viability in the laboratory as the Red River Gorge in Menifee, fourleaf yam (Dioscorea quaternata), (near 100 percent), and plants grow Powell, and Wolfe Counties, KY intermediate woodfern (Dryopteris readily from seed (Taylor 2016, pers. (Service 1993, p. 2; White and Drozda intermedia), Indian cucumber-root comm.). 2006, p. 124). The Red River Gorge is ( virginiana), Japanese stilt Braun (1942, pp. 1–4) described S. well known for its scenic beauty and grass (; albopilosa based on specimens outdoor recreational opportunities, and invasive, non-native), Christmas discovered in the summer of 1940 in the much of the area is located within the (Polystichum acrostichoides), Red River Gorge area of Menifee County, DBNF, an approximate 2,860-km2 rhododendron (Rhododendron KY. S. albopilosa is in the family (706,000-acre) area in eastern Kentucky maximum), and little mountain , and there are no synonyms that is managed by the U.S. Forest meadow-rue (Thalicturm mirabile) for the species. Andreasen and Service (White and Drozda 2006, p. (Braun 1942, pp. 1–4; Andreason and Eshbaugh (1973, pp. 126–128) studied 124). The Red River Gorge lies within Eshbaugh 1973, p. 128; Kral 1983, p. variation among four separate the Northern Forested Plateau 1253; Campbell et al. 1989, p. 40; White occurrences (populations) of S. Escarpment of the Western Allegheny and Drozda 2006, p. 124). Associated albopilosa in Menifee and Powell Plateau ecoregion (Woods et al. 2002, p. woody species of the mixed mesophytic Counties. Their population analysis of 1). The hills and ridges of this region are forest adjacent to S. albopilosa characteristics such as plant height, leaf characterized as rugged and highly occurrences include red maple (Acer length and width, stem pubescence, and dissected, with erosion-resistant, rubrum), sugar maple (Acer saccharum), number of ray flowers per head showed Pennsylvanian quartzose sandstone American beech (Fagus grandifolia), that some morphological characteristics (contains 90 percent quartz) capping the American holly (Ilex opaca), mountain (e.g., plant height, leaf shape and size, ridges and exposed layers of laurel (Kalmia latifolia), tulip poplar stem pubescence) can vary widely Mississippian limestone, shale, and (Liriodendron tulipifera), bigleaf between populations. siltstone on lower slopes and in the magnolia (Magnolia macrophylla), Solidago albopilosa can be valleys. umbrella magnolia (M. tripetala), black distinguished from its closest relative, S. Solidago albopilosa occurs on the gum (Nyssa sylvatica), oaks (Quercus flexicaulis (broad-leaf goldenrod), by its floors of sandstone rock shelters spp.), basswood (Tilia americana), and shorter height, smaller and thinner (natural, shallow, cave-like formations) eastern hemlock (Tsuga canadensis) leaves, and generally downy (hairy) and on sheltered cliffs (cliffs with (Andreason and Eshbaugh 1973, p. 128; appearance (the leaves of S. flexicaulis overhanging ledges) at elevations Kral 1983, p. 1253; Campbell et al. 1989, have a slick, smooth appearance) between 243 and 396 m (800 and 1,300 p. 40). (Medley 1980, p. 6). The two species ft) (Andreasen and Eshbaugh 1973; When the Recovery Plan was also differ in preference. S. Service 1993, p. 5). The species may completed in 1993, 90 extant albopilosa is restricted to sandstone also be found on ledges or vertical walls occurrences were known (Service 1993, rock shelters or ledges, while S. of these habitats, but, regardless of the p. 2), containing an estimated 45,000 flexicaulis is a woodland species that specific location, S. albopilosa is stems (Service 1993, p. 2). All of these occurs on the forest floor. Esselman and restricted to areas of partial shade locations were situated within the Crawford (1997, pp. 245–256) used behind the dripline (53 FR 11612; April proclamation boundary of the DBNF, molecular and morphological analyses 7, 1988) and typically does not grow in and 69 occurrences (approximately 76 to examine the relationship between S. the deepest part of rock shelters (Harker percent) were located on Federal lands. albopilosa and S. flexicaulis. They et al. 1981, p. 4). Campbell et al. (1989, The remaining occurrences (21) were concluded that S. albopilosa is most p. 40) noted that this plant species is located on private property. Rather than closely related to S. flexicaulis; known from all possible moisture try to determine what constituted a however, there was no evidence that regimes and aspects in these habitats, population, the Recovery Plan (Service either S. flexicaulis or S. caesia (wreath but plants on northern exposures 1993, p. 1) used ‘‘occurrence,’’ defining or blue-stemmed goldenrod) is a parent appeared to be smaller than average. it as a ‘‘discrete group of plants beneath or has a recent close relationship with Seven of nine occurrences examined by a single rock shelter or on a single rock S. albopilosa as was previously Nieves and Day (2014, pp. 8–9) were ledge.’’ In making this definition, the speculated by Braun (1942, pp. 1–4). located in easterly or northerly facing Service (1993, p. 6) explained that Esselman and Crawford (1997, pp. 245– shelters, which receive minimal direct pollinators (bees and syrphid flies) 256) also examined genetic diversity sunlight. Nieves and Day examined only likely carried pollen between rock within the species S. albopilosa (using a small percentage of the species’ 117 shelters and may even move between Random Amplified Polymorphic DNA known occurrences (8 percent), so adjacent ravines. If there were sufficient and isozyme markers) and reported further study is required to determine gene flow between occurrences via genetic variation both within and the importance of the solar aspect on the pollinators, clusters of nearby rock between populations (genetic diversity species’ biology and distribution. Ten shelters or adjacent ravines could is widely spread among populations, rock shelter habitats examined by comprise a population. However, and populations are not very genetically Nieves and Day (2014, p. 7) were without additional research, it was homogenous). The highest level of significantly cooler and more humid impossible to determine the species’ genetic diversity was observed among than the surrounding environment actual population boundaries. (across) versus within populations. (areas outside and above the rock Subsequently, the KSNPC completed Consequently, Esselman and Crawford shelter), but the species’ requirements surveys in 1996, 1999, 2002, 2004, and (1997, pp. 245–256) recommended that with respect to air temperature and 2005 (White and Drozda 2006, pp. 124– conservation efforts include the relative humidity are unknown. 128; KSNPC 2010, p. 4), and these maintenance of as many populations as Typical herbaceous associates of this surveys documented an increase in the possible to capture the full genetic plant include roundleaf catchfly ( number of S. albopilosa occurrences diversity of the species. rotundifolia) and alumroot (Heuchera from 90 to 141. Despite the increased Solidago albopilosa is restricted to parviflora) and less commonly white number of occurrences, the total range outcroppings of Pottsville sandstone in baneberry (Actaea pacypoda), of S. albopilosa did not increase a rugged, highly dissected area known maidenhair fern ( pedatum), significantly as it was still restricted to

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the same general area within the Red reported in Kentucky since 1990 but is considered ‘‘stable’’ if no change was River Gorge. KSNPC (2010, pp. 4–8) not considered extinct or extirpated. detected in their general rank/status completed the first range-wide survey X (extirpated): A taxon for which over the course of monitoring, stem during the 2008 and 2009 field seasons. habitat loss has been pervasive and/or numbers increased over the course of During this 2-year period, KSNPC concerted efforts by knowledgeable monitoring, and/or slight decreases in ranked each occurrence based on biologists to collect or observe stem numbers could be attributed to population size and viability, habitat specimens within appropriate habitats natural climatic variation. Ranks were condition, and degree of threat. KSNPC have failed. based on population size and perceived also evaluated the stability of each F (failed to find): occurrence not viability, habitat condition, and degree occurrence by comparing their 2008– located in current survey; original of threat. For all stable occurrences, 2009 survey data with data collected in mapping may be in wrong location. KSNPC reported an average monitoring previous years. The following During their 2-year range wide survey, period of 10.2 years and an average of specifications were used to rank the KSNPC (2010, p. 6) documented a total occurrences (KSNPC 2010, p. 21): 3.6 monitoring events for each of 116 extant occurrences, producing A (excellent estimated viability): 2,500 occurrence. Also, the level or degree of ranks with the following categorical or more stems in habitat with low recreational impact is based on KSNPC’s degree of recreational impact or a results: A-rank (11 occurrences), B (26), assessment of recreational use and minimum of 4,000 stems where the C (25), and D (54) (see table 1). The threats from that use at each occurrence. degree of recreational impact is medium remaining 25 occurrences were For those sites where the degree of or high. considered to be historical, extirpated, impact was higher, more stems were B (good estimated viability): 1,000 to or could not be relocated (failed to find). required to achieve a higher rank (i.e., The goldenrod’s range has been 2,499 stems and some areas of habitat fair to excellent viability). For example, searched extensively by KSNPC and of with a low degree of recreational impact 4 of the 11 ‘‘A’’ ranked occurrences had the 116 extant occurrences, only 6 were or higher numbers of stems (2,500 to a medium/high degree of impact (equals 4,000) at sites where the degree of located on private land, with the remainder located on the DBNF. There a minimum of 4,000 stems). The rest of recreational impact is medium or high. the 11 ‘‘A’’ ranked occurrences had a C (fair estimated viability): 300 to 999 is limited private ownership in the area low degree of impact (equals 2,500 stems where recreational impacts are where this plant occurs and the species’ stems or more). All of the ‘‘A’’ ranked low or higher numbers of stems (1,000 habitat as described above has only been to 2,000) at sites affected by a medium located in a few privately-owned occurrences have proven stable (for over or high degree of recreational impact; occurrences and nowhere else that has 11 years) with a high number of stems. may also include sites with little been surveyed. For all extant Due to future conservation actions with opportunity for habitat recovery or occurrences, 79 (68 percent) were DBNF, we expect the 4 ‘‘A’’ ranked population expansion. considered to be stable, including ranks occurrences with medium to high D (poor estimated viability): fewer of A (10 occurrences), B (21), C (18), and recreational impacts to remain stable than 300 stems in any habitat. D (30). Stability was estimated through (numbers of stems will remain constant H (historical): taxon or natural comparisons of historical and more or increase) and the degree of community has not been reliably recent survey data. Occurrences were recreational impact may decrease.

TABLE 1—SUMMARY OF Solidago albopilosa RANKS AND STATUS BASED ON RANGE-WIDE SURVEYS COMPLETED BY THE KENTUCKY STATE NATURE PRESERVES COMMISSION IN 2008 AND 2009 [KSNPC 2010]

Ranks of extant occurrences Status A B C D Total

Stable ...... 10 21 18 30 79 Declining ...... 0 5 4 22 31 Unknown ...... 1 0 3 2 6

Total ...... 11 26 25 54 116

For the remaining extant occurrences, surveys of that occurrence were not occurrence totals reported by KSNPC 31 were considered to be declining and performed more than once or prior (2010, 24 pp.), there are now 81 stable 6 were of unknown status. For the surveys could not be compared to more occurrences with the following declining occurrences, ranks included B recent surveys due to discrepancies in categorical results: A (11 occurrences), B (5 occurrences), C (4), and D (22). For survey methodology. (22), C (18), and D (30) (table 2). The the unknown occurrences, ranks KSNPC and the Service completed average monitoring period increased included A (1 occurrence), C (3), and D additional surveys from June to October from 10.2 to 11.1 years, with an average (2). Occurrences were considered to be 2013 at 30 widely separated of 3.7 monitoring events for each declining if a negative change was occurrences, resulting in the discovery occurrence. The total number of stems detected in the general rank/status over of one new occurrence and revised now stands at 174,357, compared to the course of monitoring and/or there status information for two unknown 45,000 when the Recovery Plan was was a greater than 30 percent decline in occurrences (USFWS 2014, entire). completed. stem count. Unknown status meant Combining these results with

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TABLE 2—SUMMARY OF CURRENT Solidago albopilosa RANKS AND STATUS (KSNPC 2010, 2014) SHOWING AN INCREASE IN A- AND B-RANKED OCCURRENCES

Ranks of extant occurrences Status A B C D Total

Stable ...... 11 22 18 30 81 Declining ...... 0 5 4 23 32 Unknown ...... 0 0 2 2 4

Total ...... 11 27 24 55 117

In summary, considering recent or reclassifying a species) must reflect to such an extent that the species may survey efforts by KSNPC and the Service determinations made in accordance no longer need the protections of the (KSNPC 2010, entire; USFWS 2014, with sections 4(a)(1) and 4(b) of the Act. Act. entire), the following conditions exist Section 4(a)(1) requires that the There are many paths to for white-haired goldenrod: Secretary determine whether a species accomplishing recovery of a species, (1) A total of 117 extant occurrences is endangered or threatened (or not) and recovery may be achieved without are known. Of these, 81 occurrences are because of one or more of five threat all criteria being fully met. For example, considered to be stable with the factors. Section 4(b) of the Act requires one or more criteria may be exceeded following categorical results: A (11 that the determination be made ‘‘solely while other criteria may not yet be occurrences), B (22), C (18), and D (30). on the basis of the best scientific and accomplished. In that instance, we may As of 2015, the average monitoring commercial data available.’’ Therefore, determine that the threats are period per occurrence was 11.1 years, recovery criteria should help indicate minimized sufficiently and the species with an average of 3.7 monitoring events when we would anticipate that an is robust enough to delist. In other for each occurrence. analysis of the five threat factors under cases, recovery opportunities may be (2) Fifty-one of the 81 stable section 4(a)(1) would result in a discovered that were not known when occurrences (all A-, B-, and C-ranked determination that the species is no the recovery plan was finalized. These occurrences) are considered to be self- longer an endangered species or opportunities may be used instead of sustaining as defined by the Recovery threatened species because of any of the methods identified in the recovery plan. Plan. These occurrences are considered five statutory factors (see Summary of Likewise, information on the species to be self-sustaining because there is Factors Affecting the Species section). may be discovered that was not known evidence of successful reproduction and However, while recovery plans provide at the time the recovery plan was the number of stems is stable or important guidance to the Service, finalized. The new information may increasing. States, and other partners on methods of change the extent to which criteria need (3) Forty-six of the 51 stable, self- minimizing threats to listed species and to be met for recognizing recovery of the sustaining occurrences are adequately measurable criteria against which to species. Recovery of a species is a protected as defined by the recovery measure progress towards recovery, they dynamic process requiring adaptive plan (species is legally protected, has are not regulatory documents and management that may, or may not, fully received adequate physical protection, cannot substitute for the determinations follow the guidance provided in a and is assured of all required and promulgation of regulations recovery plan. management). required under section 4(a)(1) of the Recovery Planning and (4) The total number of stems now Act. A decision to revise the status of or Implementation—The Recovery Plan stands at approximately 174,000, and remove a species from the Federal List was approved by the Service on the 46 secure, self-sustaining of Endangered and Threatened Plants at September 28, 1993 (Service 1993, 40 occurrences contain approximately 50 CFR 17.12(h) is ultimately based on pp.). The Recovery Plan includes 131,000 stems, or about 75 percent of an analysis of the best scientific and recovery criteria intended to indicate the species’ total number. commercial data available to determine when threats to the species have been whether a species is no longer an adequately addressed, and prescribes Recovery and Recovery Plan endangered or threatened species, actions necessary to achieve those Implementation regardless of whether that information criteria. We first discuss progress on Background—Section 4(f) of the Act differs from the recovery plan. completing the primary recovery (16 U.S.C. 1531 et seq.) directs us to Recovery plans may be revised to actions, then discuss recovery criteria. develop and implement recovery plans address continuing or new threats to the The Recovery Plan identifies five for the conservation and survival of species, as new, substantive information primary actions necessary for recovering endangered and threatened species becomes available. The recovery plan S. albopilosa: unless we determine that such a plan identifies site-specific management (1) Protect existing occurrences; will not promote the conservation of the actions that will achieve recovery of the (2) Continue inventories; species. Under section 4(f)(1)(B)(ii), species, measurable criteria that set a (3) Conduct studies on life history and recovery plans must, to the maximum trigger for review of the species’ status, ecological requirements; extent practicable, include objective, and methods for monitoring recovery (4) Maintain plants and seeds ex situ; measurable criteria which, when met, progress. Recovery plans are intended to and would result in a determination, in establish goals for long-term (5) Provide the public with accordance with the provisions of conservation of listed species and define information. section 4 of the Act, that the species be criteria that are designed to indicate Three of five recovery actions (1, 2, removed from the list. However, when the substantial threats facing a and 5) have been accomplished. revisions to the list (adding, removing, species have been removed or reduced Completion of the remaining actions (3

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and 4) is discussed in greater detail Signs or fencing were placed and have KSNPC and the Service documented a below. been maintained at a total of 21 total of 117 extant occurrences, and, of The Service entered into a cooperative occurrences identified as being these, we consider the A-, B-, and C- agreement with KSNPC in 1986, under impacted in the past, and DBNF ranked occurrences (total of 46) to be section 6 of the Act, for the conservation personnel continue to visit these sites secure and self-sustaining. Because of endangered and threatened plant annually, checking the condition of systematic searches for new occurrences species. This agreement has provided a signs and fencing and making repairs as have been conducted since the mechanism for KSNPC to acquire needed. To guard against future completion of the Recovery Plan and led Federal funds that have supported much impacts, the DBNF and KSNPC have to the discovery of previously unknown of the recovery work described here. proposed the addition of new or occurrences, we consider this recovery The Commonwealth of Kentucky and expanded fencing at five occurrences. action to be completed. other partners have also provided As stated below in this recovery section, Recovery Action (3): Conduct Studies on matching funds under this agreement this new and expanded fencing is Life History and Ecological that have assisted in the species’ included as a conservation action in the Requirements recovery. Service’s signed cooperative management agreement with DBNF and This recovery action is incomplete Recovery Action (1): Protect Existing (not all subactivities have been Occurrences KSNPC (USFWS August 2016). Monitoring results show that addressed completely) but significant The Recovery Plan states that an implementation of the LRMP, including progress has been made. Since occurrence will be ‘‘adequately specific conservation actions described publication of the Recovery Plan protected’’ when it is legally protected, above (fencing and sign placement), (Service 1993), studies of the species’ has received adequate physical have had a positive effect on the species life history and ecological requirements protection, and is assured of all required (KSNPC 2010, 24 pp.). Specifically, it have included Esselman (1995, pp. 5– management (USFWS 1993, 40 pp.). has been demonstrated that disturbance 10), Esselman and Crawford (1997, pp. Based on these criteria, we consider a from trampling, camping, and rock 246–251), White and Drozda (2006, p. total of 46 A-, B-, or C-ranked climbing is low at remote occurrences, 125), KSNPC (2010, p. 5), and Nieves occurrences on the DBNF to be and impacts have been reduced at more and Day (2014, pp. 1–12). Esselman adequately protected. We base our visited sites. The number of stems has (1995, pp. 5–10) and Esselman and decision regarding their level of remained stable or increased at 20 of 21 Crawford (1997, pp. 246–251) studied protection on the location of these occurrences (95 percent) where fencing the ancestry of S. albopilosa, examined occurrences (all are in DNBF ownership, or informational signs have been added. gene flow and genetic diversity within and many are in remote locations not For all extant occurrences on the DBNF, and between populations, and visited by the public); trends in 75 (68 percent) of 111 extant investigated life-history traits (i.e., seed occurrence data gathered by KSNPC, occurrences are considered stable to set, importance of pollinators, self- DBNF, and the Service; observations increasing, and we consider 46 incompatibility (the inability of a plant about threats reported by KSNPC (2010, occurrences to be self-sustaining (A-, B- to produce seeds when its flowers are pp. 5–18); conservation actions , or C-ranked occurrences that are stable pollinated from its own flowers or from described in DBNF’s Land and Resource and reproducing). Based on all these flowers of plants that are genetically the Management Plan (LRMP); and factors, we consider this recovery action same)). The ancestry of S. albopilosa information in our files concerning to be complete. was unclear, but it had the most specific DBNF conservation actions, morphological and genetic similarity such as trail closure, placement of signs, Recovery Action (2): Continue with S. flexicaulis. Despite this, the two and fencing. We have chosen to exclude Inventories species were reported as genetically five, stable, self-sustaining occurrences There were 90 extant occurrences of different, and there was no evidence of from the list of ‘‘protected’’ occurrences S. albopilosa when the Recovery Plan recent gene flow. Esselman (1995, pp. because they are in private ownership, was completed (Service 1993, p. 2). In 16–23) and Esselman and Crawford and no conservation agreement or plan subsequent years, KSNPC completed (1997, pp. 251–253) observed the is in place to ensure their long-term surveys within the Red River Gorge in highest levels of genetic diversity protection. 1996, 1999, 2002, 2004, and 2005 between populations rather than within The species’ primary threat has been (White and Drozda 2006, pp. 124–128; populations. The levels of seed identified as ground disturbance and KSNPC 2010, p. 2), raising the number production appeared to be about equal trampling associated with recreational of documented S. albopilosa to that of other goldenrods, but the activities (i.e., camping, hiking, and occurrences from 90 to 141. Surveys in amount of seed set varied between rock-climbing) within the Red River other areas of Kentucky and adjacent populations and appeared to increase Gorge. To address these threats, the States with suitable habitat (e.g., with increasing occurrence size. DBNF began to redirect trails and install sandstone rock shelters) did not show Pollination experiments indicated that fencing (chicken wire) around selected evidence of additional occurrences of pollinators are necessary for seed set, S. albopilosa rock shelters in February the species (Campbell et al. 1989, pp. and the species is self-incompatible. 2000. The DBNF focused on these 29–43; Palmer-Ball et al. 1988, pp. 19– During field surveys between 1996 occurrences because they were near 25; Walck et al. 1996, pp. 339–341; and 2009, KSNPC collected occurrence DBNF user-defined trails and were Norris and Harmon 2000, pp. 2–3). The information throughout the species’ suffering obvious recreational impacts— first range-wide survey in the Red River range, recording such information as trampling and ground disturbance Gorge was completed during the field stem count, patch size, percent associated with camping, rock climbing, seasons of 2008 and 2009 (KSNPC 2010, vegetative versus sexual reproduction, and hiking. The DBNF also placed pp. 4–8), and KSNPC and the Service recreational disturbance (ranked from informational signs at these shelters and completed follow-up surveys at 30 low to high), other perceived threats, at trailheads, alerting visitors to the extant occurrences in 2013 (See the and general habitat condition (White presence of the species and warning Species Information section above for and Drozda 2006, p. 125; KSNPC 2010, them against potential damage to plants. detail on surveys). During these efforts, p. 5). In its 2-year range-wide study,

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KSNPC (2010, p. 5) used a two-page determining if reintroduction or Recovery Action (5): Provide the Public plant survey form to record more artificial propagation may be necessary With Information detailed biological information at each to help recover this plant. Solidago The KSNPC and DBNF have prepared occurrence: Population structure albopilosa occurrences have grown in several species factsheets and signs that (percent stems exhibiting vegetative number and size as recovery have been posted at gas stations, versus reproductive growth), occurrence implementation actions have been restaurants, kiosks, and trailheads 2 size (square meters [m ]), plant height, implemented and threats have been throughout the Red River Gorge. These number of stems, number of rosettes, removed or reduced. These successful signs are intended to educate Red River population density, plant vigor, and an actions have negated the necessity of Gorge visitors about the species and its evaluation of threats (e.g., trampling, having to reintroduce or augment threats. Signs about S. albopilosa have camping, invasive plants, herbivory). plants. We will continue to learn more also been posted in five archaeologically KSNPC (2010, p. 5) also photographed about the species’ habitat requirements sensitive rock shelters to aid in the each occurrence and made sketches that as we work with DBNF and KSNPC protection of historical artifacts while showed individual patch locations through post-delisting monitoring. In promoting the conservation of S. within each occurrence or rock shelter. albopilosa. DBNF also displays Nieves and Day (2014, pp. 1–12) the course of this work, if a new threat conducted a preliminary assessment of of any kind presents itself, we have photographs and provides information the microclimatic and pedological (soil) identified in the PDM plan how we will on S. albopilosa at its Gladie Cultural- conditions of 10 rock shelters inhabited evaluate it. Environmental Learning Center. KSNPC makes available on its Web site (http:// by the species. They documented The majority of recovery subactivities naturepreserves.ky.gov) an S. albopilosa significant differences between the (3.2, 3.4–3.7) have been addressed; inside of rock shelters and the factsheet and several threatened and information has been gained regarding endangered species lists that include surrounding environment with respect the species’ life history and ecological to temperature and relative humidity information on S. albopilosa. In June requirements; and the species’ status 2009, the Kentucky Department of Fish (habitats inside rock shelters were has improved since publication of the wetter and more humid) but no and Wildlife Resources published 2,000 recovery plan. We were able to obtain copies of a revised threatened and significant differences with respect to the intended information identified in soil characteristics (macronutrients and endangered species booklet (second recovery subactivity 3.3 (analyze habitat edition), which contained a species acidity/alkalinity (pH)). Most of the rock requirements) through implementation shelters they investigated were easterly account for S. albopilosa. Because of the of other actions. Although the need to or northerly facing, but their small numerous public information and conduct subactivity 3.3 has been sample size prevents any significant education projects listed above, we conclusions with respect to the removed with positive progress in this consider this recovery action completed. plant’s recovery program, we intend importance of sunlight and solar Recovery Criteria radiation. throughout post-delisting monitoring to Under recovery action 3.0, two of continue to work closely with The Recovery Plan states that S. seven subactivities remain to be researchers as they learn more about albopilosa will be considered for completed—the use of quantitative, this species and its habitat. delisting when 40 geographically distinct, self-sustaining occurrences are permanent plots (3.1) and determination Recovery Action (4): Maintain Plants of specific habitat requirements (3.3). adequately protected and have been and Seeds Ex Situ Permanent plots have not been maintained for 10 years. An occurrence is considered as self-sustaining if there established, but the species’ known Seeds and plants of S. albopilosa have is evidence of successful reproduction occurrences have been visited and not been maintained ex situ in any and the number of stems is stable or evaluated repeatedly (average of 3.6 museum, botanical garden, or other seed increasing. An occurrence is considered times) since completion of the recovery storage facility; however, an August 29, plan. These visits have allowed us to to be adequately protected when it is 2016, conservation agreement between legally protected, receives adequate evaluate the species’ status and track the the Service, the Kentucky Natural Lands number of stems and flowers. The physical protection, and is assured of all Trust, and the Missouri Botanical required management. The Recovery purpose of recovery subactivity 3.1 was Garden (MOBOT) will facilitate a seed- to evaluate demography, and we believe Plan also noted that the requirements banking effort for S. albopilosa. Through the visits and work done in cooperation for delisting were preliminary and could the agreement, MOBOT has secured with KSNPC provided enough change as more information about the funding that will allow it to collect, population data on this plant for us to biology of the species was known. Based propose delisting it without establishing curate, and maintain genetically diverse on our current understanding of the permanent plots. The species’ specific and representative seed-bank accessions species’ range, biology, and threats, we habitat requirements (e.g., light, to safeguard against future population believe that the delisting criteria moisture, soils) are not well understood, declines. These efforts will take place as continue to be relevant. While the but preliminary investigations into the part of post-delisting monitoring number of occurrences has increased microclimate and soil conditions of rock activities and will involve collection of since completion of the Recovery Plan, shelters were completed by Nieves and seed from across the species’ range with the species’ overall range and the type Day (2014, pp. 1–12), and additional deposition of the material at the of threats have not changed research is planned (Nieves and Day MOBOT. Seed collection will occur in dramatically. Furthermore, our current 2014, pp. 11–12). In partnership with the fall of 2016. Because of the knowledge of the species’ biology DBNF and KSNPC, we have done conservation agreement described indicates that multiple, distinct extensive work together to reduce above, which outlines future seed- populations should be maintained in threats such as disturbance. The banking activities by MOBOT, we order to provide redundancy (protect purpose of recovery subactivity 3.3 was consider this recovery action to be on a against stochastic events) and preserve to learn about habitat requirements of path toward completion and sufficient genetic diversity. We believe the this plant for the purposes of to contribute towards delisting. recovery goal of 40 stable, self-

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sustaining, and protected occurrences is stable, D-ranked occurrences (total of prohibited within the cliffline zone: sufficient to address these needs. The 30) to be self-sustaining, primarily due Mineral, oil, or gas exploration and species’ current number of stable, self- to their poor estimated viability and the development (Forest Service Standard sustaining, and protected occurrences low number of stems (fewer than 300) 1.C–MIN–1); road construction (1.C– (46) has exceeded this recovery goal (see observed at these sites. However, due to ENG–1); recreational facilities (1.C– discussion of Recovery Action 1 above). the existence of 46 geographically REC–1); recreational activities such as These occurrences are distributed across distinct, self-sustaining occurrences, we rock climbing and rappelling (C–REC– the species’ range and contain more conclude that we have met and 2); camping (1.C–REC–3); and campfires than 75 percent of the species’ total exceeded the criterion of 40 (1.C–REC–4). Other activities such as number of stems. geographically distinct, self-sustaining wildlife management (1.C–WLF) and The criteria for delisting S. albopilosa occurrences. vegetation management (1.C–VEG) are have been met, as described below. While we consider only 46 out of the limited and strictly controlled. This Additionally, the level of protection 117 total extant occurrences to currently Prescription Area is classified as currently afforded to the species and its be secure (adequately protected) and ‘‘Unsuitable for Timber Production,’’ habitat, as well as the current status of self-sustaining (approximately 39 but timber harvests may occur on an threats, are outlined below in the percent of the total occurrences), these unscheduled basis to attain a desired Summary of Factors Affecting the occurrences contain the majority of the future condition. Harvest of wood Species section. total number of stems of the species. products may occur only as an output Currently, there are 117 extant The total number of stems now stands in pursuing other resource objectives occurrences. As described above, an at approximately 174,000, and the 46 (USFS 2004, pp. 3.5–3.8). DBNF occurrence is defined as a ‘‘discrete secure, self-sustaining occurrences monitors cliffline habitats and protects group of plants beneath a single rock contain approximately 131,000 stems, or them as needed through law shelter or on a single rock ledge,’’ and about 75 percent of the species’ total enforcement activities, construction of each occurrence is considered number. If we consider the five fences, trail diversion, and placement of ‘‘geographically distinct’’ as described additional self-sustaining occurrences signs. in the recovery criteria. We currently located on private property, the total Since the species was listed, we have consider 81 (69 percent) of the 117 number of stems increases to 140,500 worked closely with KSNPC and DBNF extant Solidago albopilosa occurrences stems, or about 81 percent of the on the management and protection of S. to be stable, meaning no change has species’ total number. While the albopilosa. Management activities have been detected (over an average remaining 65 occurrences on DBNF are included trail diversion (away from S. monitoring period of 11.1 years) in their not currently considered self-sustaining, albopilosa occurrences), installation of general rank or status. Of these, we all of these occurrences will continue to protective fencing, and placement of consider the A-, B-, and C-ranked receive protection and management informational signs in rock shelters, occurrences (total of 46) to be under DBNF’s LRMP and we expect, along trails, and at trailheads. These adequately protected and self-sustaining based on the past 10 years of activities and other management actions as defined by the Recovery Plan. We monitoring, their status will likely included in the DBNF’s LRMP (USFS consider these occurrences to be self- remain stable or continue to improve. 2004, pp. 3.5–3.8) have assisted in sustaining for the following reasons: With respect to protection, 111 of 117 recovery of the species, as reflected in (1) The number of stems at these extant occurrences (95 percent) occur on the large number of stable occurrences occurrences has been stable or the DBNF and receive management and (81), self-sustaining occurrences (51 increasing over an average monitoring protection through DBNF’s LRMP occurrences with ranks of A, B, or C), period of 11.1 years; (USFS 2004, pp. 1.1–1.10). As specified and the long period (greater than 11 (2) these natural occurrences contain in the LRMP, S. albopilosa habitats years) during which this trend has been a relatively high number of stems (range receive protection and management maintained. On August 29, 2016, we of 797–9,200); consideration as part of the Cliffline finalized a cooperative management (3) the estimated viability of these Community Prescription (or agreement among the Service, DBNF, occurrences ranges from fair to management) Area (USFS 2004, pp. 3.5– and KSNPC that will provide for the excellent; 3.8). The Cliffline Community is defined long-term protection of the species. The (4) the threat level at these as the area between 100-feet slope- management agreement outlines a occurrences is generally low (average distance from the top of the cliff and number of conservation actions that will recreational impact of 2.5 or less on a 200-feet slope-distance from the benefit the species: scale of 1 (low impact) to 5 (high)); and dripline of the cliffline. A cliffline is (1) Maintenance of current fencing; (5) the observed reproduction defined as a naturally occurring, (2) installation and maintenance of (flowering stems) at these occurrences exposed, and nearly vertical rock fencing at five new occurrences; has been relatively high, averaging 75– structure at least 10 feet (3.05 meters (3) evaluation of trail diversion, 90 percent of stems in nearly all cases (m)) tall and 100 feet (30.05 m) long. All rerouting, or closure at 39 occurrences (KSNPC 2010, p. 10). known S. albopilosa occurrences occur identified by KSNPC (2010, entire); We consider these occurrences to be within habitats fitting this description (4) placement of new informational adequately protected because of their and, therefore, are included in this signs at occurrences with high location (all are located on DBNF land); Prescription Area. For the Cliffline visitation; trends in occurrence data gathered by Community area, conservation goals in (5) monitoring of extant occurrences; KSNPC, DBNF, and the Service; the LRMP include: (1) Maintenance of (6) protection of extant occurrences observations about threats reported by the unique physical and microclimatic through DBNF patrols; and KSNPC (2010, pp. 5–18); conservation conditions in these habitats, (2) the (7) continuation of education and actions described in DBNF’s LRMP; and recovery of S. albopilosa, and (3) the outreach efforts. The cooperative information in our files concerning protection of these habitats against management agreement will remain in specific DBNF conservation actions, anthropogenic disturbance (USFS 2004, place until August 2022. such as trail closure, placement of signs, p. 3.6). To meet these goals, the In summary, most major recovery and fencing. We do not consider the following activities or resource uses are actions are complete, and significant

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progress has been made on the without providing supporting S. albopilosa is recovered and no longer remaining actions (life history/ information will not be considered in requires the protection of the Act. ecological studies and ex situ seed making a determination, as section Nonetheless, the Service intends to conservation). Completion of these 4(b)(1)(A) of the Act directs that a work closely with all Federal and State actions has contributed to achieving and determination as to whether any species conservation agencies during the course exceeding the recovery criteria: 40 is a threatened or endangered species of post-delisting monitoring. We will geographically distinct, self-sustaining must be made ‘‘solely on the basis of the follow the benchmarks in the plan for occurrences are adequately protected best scientific and commercial data evaluating success of efforts for this and have been maintained for over 10 available.’’ plant. We also believe protections years. The 46 secure, self-sustaining outlined by DBNF’s LRMP, which are State and Peer Review Comments occurrences contain 75 percent of the described in the Recovery Criteria species’ total number of stems, and thus In accordance with our peer review section of this document, will provide represent 75 percent of the species’ total policy, which was published on July 1, long-lasting benefits to the species. population. These secure, self- 1994 (59 FR 34270), we solicited expert DBNF’s LRMP was completed in 2004 sustaining occurrences, as well as 93 opinion on the proposed rule and the and is still in effect, and USFS LRMPs percent of the species’ remaining draft post-delisting monitoring plan are generally revised every 10 to 15 occurrences, currently receive from four knowledgeable, independent years or when conditions change protection and management through individuals with scientific expertise that significantly. Actually, the last LRMP to implementation of DBNF’s LRMP. includes familiarity with Solidago cover DBNF was in effect for 18 years Therefore, we conclude that the goals albopilosa and its habitat, biological (1985 to 2003). Also, on August 29, and criteria outlined in the Recovery needs, threats, and recovery efforts. We 2016, we finalized a cooperative Plan have been achieved. received responses from all four peer management agreement among the reviewers. All peer reviewers supported Service, DBNF, and KSNPC that will Summary of Comments and our conclusions and provided provide for the long-term protection of Recommendations additional information, clarifications, the species until 2022. In the proposed rule published and suggestions to improve the final September 1, 2015 (80 FR 52717), we rule. Public Comments requested that all interested parties Section 4(b)(5)(A)(ii) of the Act states Comment (2): Three commenters submit written comments on the that the Secretary must give actual disagreed with the proposed delisting of proposal by November 2, 2015. We also notice of a proposed regulation under white-haired goldenrod. In general, they contacted appropriate Federal and State section 4(a) to the State agency in each stated that an insufficient number of agencies, scientific experts and State in which the species is believed to protected, viable occurrences were organizations, and other interested occur, and invite the comments of such known for delisting to be considered. parties and invited them to comment on agency. Section 4(i) of the Act directs Our response: Under the Recovery the proposal. Legal notices inviting that the Secretary will submit to the Plan, Solidago albopilosa may be general public comment were published State agency a written justification for considered for delisting when 40 in the Lexington Herald-Leader and his or her failure to adopt regulations geographically distinct, self-sustaining Louisville Courier Journal. We reopened consistent with the agency’s comments occurrences are adequately protected the comment period on February 26, or petition. The Service submitted the and have been maintained for 10 years. 2016 (81 FR 9798), in order to conduct proposed regulation to KNSPC, the State Currently, a total of 46 geographically peer review and provide interested agency responsible for the conservation distinct occurrences are considered to parties an additional opportunity to of listed plants in Kentucky. KSNPC’s be self-sustaining (viable) and comment on the proposed rule and draft chief botanist provided peer review of adequately protected, and these post-delisting monitoring plan. We the proposed rule. occurrences have been maintained for requested that all interested parties We reviewed all comments received more than 11 years. All remaining submit written comments by March 28, from the peer reviewers for substantive occurrences (of all ranks) will contribute 2016. issues and new information regarding to the viability and persistence of S. During both comment periods for the the delisting of white-haired goldenrod. albopilosa into the future. Therefore, the proposed rule, we received a total of 14 Peer reviewer comments are addressed recovery criteria for this species have comment letters or statements directly in the following summary. been met. In addition, threats to this addressing the proposed action. These Comment (1): Two peer reviewers plant have been removed or reduced to included 4 comment letters from peer stated that management may be needed a point where it no longer requires reviewers and 10 comment letters from beyond the period (5 years) covered by protection under the Act. the general public that are posted on the post-delisting monitoring plan to Comment (3): One commenter agreed Federal docket no. FWS–R4–ES–2014– address potential impacts from invasive with the delisting of Solidago albopilosa 0054. All 4 peer reviewers and 7 of 10 plants and recreational activities (e.g., but stated that the State of Kentucky public commenters supported the hiking, rock climbing). This comment should conduct routine monitoring of proposed action to delist white-haired relates to just our PDM plan. Both rare plants, such as S. albopilosa, and goldenrod. Three public commenters reviewers commented that cooperative pass legislation that protects these objected to the proposed action. efforts among the Service, DBNF, and species. Several public commenters simply KSNPC should address any future Our response: Most Solidago expressed opposition to or support for threats to the species. albopilosa occurrences (about 95 the proposed delisting of Solidago Our response: We agree with the percent) are located on Federal property albopilosa without providing any reviewers that invasive plants and (DBNF) and receive management and additional supporting information. We recreational use in some areas may protection under DBNF’s LRMP. The have noted those responses but, as adversely affect S. albopilosa remaining occurrences are located on stated in our proposed rule, submissions occurrences in the future; however, the private property and, while they could merely stating support for or opposition best scientific and commercial data benefit from protections provided by to the action under consideration available to the Service demonstrate that State legislation, the Service cannot

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require a State to pass such legislation. the foreseeable future. It contains (Taylor pers. comm. 2013). As for With respect to monitoring and updated information from that recreational impacts, most Solidago protection of rare plants like S. presented in the proposed rule (80 FR albopilosa occurrences are located in albopilosa, the DBNF and KSNPC have 52717, September 1, 2015). remote ravines of the Red River Gorge or grow along inaccessible cliff lines worked closely with the Service and A. The Present or Threatened that are seldom visited or disturbed by other conservation partners over the Destruction, Modification, or campers, hikers, and rock climbers. past 20 years to implement conservation Curtailment of Its Habitat or Range actions, including monitoring, that have Therefore, the threat magnitude at these benefited this and other rare species. We The final rule to list S. albopilosa as sites is low. expect these collaborations to continue. threatened (53 FR 11612, April 7, 1988) Occurrences located in areas with identified the following habitat threats: more frequent visitor use, typically Summary of Changes From the ground disturbance and trampling areas near DBNF and user-defined trails, Proposed Rule associated with unlawful archaeological generally have suffered more severe We have considered all comments activities and recreational activities habitat disturbance and trampling in the and information received during both such as camping, hiking, and rock past. Site protection and habitat comment periods for the proposed rule climbing. The species occupies a scenic management efforts by DBNF, working to delist white-haired goldenrod. In this and unique geological area that is cooperatively with KSNPC and the final rule, we have made only minor heavily visited by hikers, campers, rock- Service, have helped to reduce the changes based on comments received climbers, and other nature enthusiasts. magnitude of threats at these sites. during the public comment period. We The U.S. Forest Service estimates These occurrences have benefited from received supplementary information recreational use of the Red River Gorge their location on the DBNF and from DBNF on seed germination, at approximately 500,000 visitor days management and protective actions seedling viability, and the potential per year (Taylor pers. comm. 2013). provided under DBNF’s LRMP (USFS threat posed by fungal infection. These Recreational activities such as camping, 2004, pp. 1.1–1.10), which prevents details have been incorporated into this hiking, and rock climbing can pose a general land disturbance and prohibits final rule. threat to the species through inadvertent or limits logging and other DBNF- trampling and ground disturbance of S. defined activities near cliffline habitats. Summary of Factors Affecting the albopilosa habitats. Evidence of The LRMP also protects rock shelters Species trampling and ground disturbance from vandalism and forbids removal of Section 4 of the Act and its within rock shelters has been observed threatened and endangered species from implementing regulations (50 CFR part repeatedly by KSNPC and DBNF these areas (see details in Recovery 424) set forth the procedures for listing personnel (KSNPC 2010, pp. 13–14). Criteria section). species, reclassifying species, or Habitat disturbance and trampling The DBNF monitors these sites and removing species from listed status. We associated with recreational activities protects them as needed through law may determine that a species is an (camping, hiking, and rock climbing) enforcement efforts, construction of endangered or threatened species and archaeological looting in the past fences, trail diversion, and placement of because of one or more of the five have posed a significant threat to the signs. To protect occurrences from factors described in section 4(a)(1) of the species. The Red River Gorge is a trampling, fire-building, and digging, Act: popular recreational area (Taylor pers. signs have been posted at all entry (A) The present or threatened comm. 2013). Many trails and points to the Red River Gorge asking destruction, modification, or recreational areas within the Gorge are visitors not to remove or disturb curtailment of its habitat or range; located near Solidago albopilosa historical resources and providing (B) overutilization for commercial, occurrences, and rock shelters are often visitors with biological and status recreational, scientific, or educational targeted as rock climbing, hiking, and information on S. albopilosa. Similar purposes; camping sites. Use of rock shelters and signs were also placed inside at least (C) disease or predation; cliff lines by campers, hikers, and rock five archaeologically significant rock (D) the inadequacy of existing climbers has contributed to physical shelters that contained S. albopilosa. regulatory mechanisms; or habitat disturbance and has led to Beginning in February 2000, DBNF (E) other natural or manmade factors trampling of plants in rock shelters began to redirect trails and install affecting its continued existence. (Service 1993, p. 7; White and Drozda fencing (chicken wire) around selected We must consider these same five 2006, pp. 124–125; KSNPC 2010, pp. rock shelters (those with greatest factors in delisting a species. 13–14). In addition to habitat visitation) containing S. albopilosa. A recovered species is one that no disturbance caused by recreationists, the Signs were also placed at these shelters, longer meets the Act’s definition of presence of Native American artifacts alerting visitors to the presence of the endangered or threatened. Determining within the Red River Gorge has species and warning them against whether the status of a species has contributed to digging and potential damage to plants. Signs and/ improved to the point that it can be archaeological looting in S. albopilosa or fencing were placed and have been delisted or downlisted requires habitats (rock shelters). Approximately maintained at a total of 21 occurrences, consideration of same five categories of 18 Solidago albopilosa occurrences and DBNF personnel continue to visit threats identified above. This analysis is have been extirpated due to human these sites annually, checking the an evaluation of both the threats activities, and many heavily visited rock condition of signs and fencing and currently facing the species and the shelters have been modified to the point making repairs as needed. threats that are reasonably likely to that these habitats are no longer suitable Monitoring results show that affect the species in the foreseeable for the species (KSNPC 2010, pp. 6–7). implementation of DBNF’s LRMP and future following the delisting and the According to the DBNF, impacts from the completion of additional removal of the Act’s protections. archaeological looting are now conservation actions such as fencing The following analysis examines all infrequent, and these activities no and sign placement have had a positive five factors currently affecting or that longer pose a significant threat to S. effect on the species, the number of are likely to affect S. albopilosa within albopilosa within the Red River Gorge stems has increased, and the level of

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habitat disturbance and trampling do not appear to be facing a greater level fungus was not extensive within the associated with recreational activities of impact, and they represent a small population and did not appear to harm has been reduced (KSNPC 2010, 24 pp.). proportion (five percent) of the overall the plants. The fungus may have been Of the 21 occurrences on the DBNF population of the species. triggered by weather conditions in 2014 where fencing and signs were added, 20 Summary of Factor A: Impacts and was not observed by DBNF in 2015 are considered to be stable and the 1 associated with archaeological looting (Taylor 2016, pers. comm.). declining occurrence will be protected and recreational activities have been Summary of Factor C: We continue to through expanded fencing. Additional well documented in the past, but conclude that neither disease nor evidence that these conservation efforts current monitoring data suggest that the predation are threats to S. albopilosa. magnitude of these threats has have improved the status of S. D. The Inadequacy of Existing sufficiently decreased. Implementation albopilosa occurrences on the DBNF is Regulatory Mechanisms the large number of stable occurrences of the DBNF’s LRMP and specific (75) and the relatively high number of conservation actions such as fencing Populations of S. albopilosa within secure, self-sustaining occurrences (46) and sign placement have had a positive the DBNF are protected from damage observed by DBNF, KSNPC, and the effect on the species and have reduced and unauthorized taking by Federal Service. The 46 secure, self-sustaining the threat associated with recreational regulation (36 CFR 261.9). This occurrences exceed the number disturbance. The recovery goal of 40 regulation would apply regardless of identified in the recovery criteria to stable, self-sustaining, protected whether the species is listed because S. allow consideration of delisting. occurrences has been exceeded by 6, albopilosa would still be considered a Additional evidence that conservation and these trends have held for more sensitive, rare, or unique species on the actions have had a positive effect on the than 10 years. Because we expect that DBNF under this Federal regulation. species is the relatively low recreational the lands containing the 46 secure and However, the final listing rule (53 FR impacts observed by KSNPC (2010, pp. self-sustaining occurrences will remain 11612, April 7, 1988) identified 13–14) at the majority of DBNF permanently protected in Federal inadequate regulatory mechanisms as a occurrences. Recreational impacts have ownership and will be managed to threat to S. albopilosa because limited been assessed by KSNPC since the mid- maintain or improve current habitat manpower and the remoteness of many 1990s (White and Drozda 2006, pp. 124– conditions (see Service 2016, entire), we occurrences on the DBNF makes 125; KSNPC 2010, pp. 13–14). Their find that the present or threatened enforcement difficult. The DBNF has qualitative ranking scheme estimates the destruction, modification, or taken several steps to remedy this percent disturbance of available habitat curtailment of its habitat or range is no situation. As noted above, S. albopilosa and uses a scale of 1 (little or no impact) longer a threat to the continued receives management and protection to 5 (high impact, greater than 50 existence of S. albopilosa. through DBNF’s LRMP and its percent of available habitat disturbed) to conservation goals for the Cliffline produce a disturbance rank. Based on B. Overutilization for Commercial, Community Prescription Area. The recent evaluations by KSNPC (KSNPC Recreational, Scientific, or Educational National Forest Management Act 2010, 40 pp.; White pers. comm. 2014), Purposes (NFMA), and regulations and policies 70 occurrences (60 percent) are Both the final rule to list S. albopilosa implementing the NFMA are the main classified as low impact (rank of 1–2), as threatened (53 FR 11612, April 7, regulatory mechanisms that guide land 8 occurrences (7 percent) are classified 1988) and the Recovery Plan (Service management on the DBNF, which as medium impact (rank of 3), and 39 1993, p. 7) identified overutilization for contains 111 of the 117 extant occurrences (33 percent) are classified recreational purposes as a threat to the occurrences of S. albopilosa. Since as high impact (rank of 4–5). Overall, 67 species. However, while the use of listing, the DBNF has included S. percent of DBNF’s occurrences are habitat for recreational purposes, as albopilosa and its habitat in its resource considered to be exposed to low to discussed under Factor A, has impacted management plans. These plans are medium recreational impacts. KSNPC the species in the past, there is no required by the NFMA and the Federal (2010, p. 14) also noted that they did not evidence that the plant itself is or was Land Policy and Management Act of observe many new recreational impacts utilized for commercial, recreational, 1976. The NFMA requires revision of during their surveys in 2008 and 2009. scientific, or educational purposes. We, the Plans every 15 years; however, plans Most of the documented recreational therefore, discuss impacts from may be amended or revised as needed. impacts such as established trails, recreational use of habitat for S. Management plans are required to be in permanent structures within rock albopilosa under Factor A above. effect at all times (in other words, if the shelters (couches, chairs, fire pits), and Summary of Factor B: We conclude revision does not occur, the previous camp sites had been in place since that overutilization is not a threat to S. plan remains in effect) and to be in before S. albopilosa monitoring began in albopilosa. compliance with various Federal 1996 (KSNPC 2010, p. 14). regulations. We expect continued The six occurrences on privately C. Disease or Predation implementation of the LRMP and expect owned lands currently do not benefit The listing rule for S. albopilosa (53 that any future revisions will consider from any formal protection or FR 11612, April 7, 1988) did not conservation of S. albopilosa and its management and, therefore, could face identify disease or predation as a threat Cliffline Community habitats. higher magnitude threats (e.g., habitat to the species. Plants are occasionally Specific actions that DBNF has taken disturbance) than those located on the browsed by herbivores, such as white- under the LRMP include measures to DBNF. However, based on recent survey tailed deer (Odocoileus virginianus), reduce impacts of recreational activities results by KSNPC, all six of these wood rats (Neotoma spp.), and to S. albopilosa and its habitat as private occurrences have been ranked as caterpillars (Order Lepidoptera), but we discussed under Factor A. As discussed ‘‘stable,’’ and five of the six are have no information that grazing by above, these and other protection and considered to be self-sustaining (A-, these species represents a threat to the management actions taken by DBNF B-, or C-rank) (KSNPC 2010, p. 8). While species (Taylor 2016, pers. comm.). In under their LRMP (USFS 2004, pp. 1.1– these occurrences potentially could face 2014, the DBNF observed a rust fungus 1.10) have been successful at improving a greater level of threats, they currently on the leaves in one population, but the the status of the species. Monitoring

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results from these occurrences show were not considered to be an imminent The hemlock woolly adelgid that these efforts have had a positive threat to white-haired goldenrod, but (Adeleges tsugae), an aphid-like insect effect on the species. Specifically, the final listing rule identified the need that is native to Asia, has been disturbance from trampling, camping, for management planning that would identified as a potential threat to and rock climbing has been reduced in take into account the requirements of Solidago albopilosa because it has the these areas, and the number of stems the species to ensure its continued potential to severely damage stands of has increased. existence. eastern hemlocks (Tsuga canadensis) The species is listed as endangered by Some surveys and status assessments that occur near rock shelters and cliffs the State of Kentucky (KSNPC 2005), of Solidago albopilosa identified several occupied by the species (Service 2009b, but this designation conveys no legal potential threats under Factor E. These p. 2; KSNPC 2010, p. 15). The hemlock protection to occurrences located on included competition from invasive woolly adelgid was introduced in the private property. Consequently, plants, the loss of eastern hemlock Pacific Northwest during the 1920s and occurrences on privately owned land (Tsuga canadensis), low genetic has since spread throughout the eastern could face higher magnitude threats diversity and small population size, and United States, reaching Kentucky by (e.g., habitat disturbance) than those the effects of climate change (Service 2006. The species creates an extreme located on the DBNF. Based on recent 2009a, p. 9; Service 2009b, p. 2; KSNPC amount of damage to natural stands of survey results by KSNPC, however, only 2010, pp. 13–14). KSNPC (2010, p. 14) hemlock, specifically eastern hemlock 6 of 117 extant S. albopilosa reported several invasive plant species and Carolina hemlock (Tsuga occurrences (5 percent) are located on in habitats occupied by white-haired caroliniana). The Recovery action plan private land, and 5 of these occurrences goldenrod, but the most common (Service 2009b, p. 2) concluded that the have been ranked as ‘‘stable’’ (A-, B-, or species included Japanese stilt grass loss of eastern hemlock within the Red C-rank) by KSNPC (KSNPC 2010, p. 8). (Microstegium vimineum), princess tree River Gorge could result in Therefore, based on this greater than 10- (Paulownia tomentosa), Japanese microclimatic changes (increased light, year data set, the majority of private spiraea (Spiraea japonica), common decreased moisture, increased leaf litter) occurrences are also stable. chickweed (Stellaria media), and in and near rock shelters that may Summary of Factor D: Occurrences of common mullein (Verbascum thapsus). negatively affect white-haired S. albopilosa located on the DBNF Of the invasive plant species, Japanese goldenrod. Despite this potential threat, receive protection due to their location stilt grass was the most common KSNPC (2010, p. 15) demonstrated in on Federal property, and these species. It was observed growing in their evaluation that eastern hemlock occurrences are managed and protected direct competition with 23 S. albopilosa was actually a minor component of the under DBNF’s LRMP (USFS 2004, pp. occurrences. However, canopy surrounding rock shelters 1.1–1.10). This protected status and inhabited by the species. Consequently, management actions included in the were absent from 94 of 117 extant S. albopilosa occurrences (about 80 the eventual loss of eastern hemlocks LRMP will continue to provide adequate would not represent a significant change regulatory protection for these percent) and 53 of 81 stable occurrences (65 percent) (KSNPC 2010, p. 14; to the canopy surrounding these rock occurrences. Monitoring results show shelters and would, therefore, not Service 2014, pp. 1–6). For the 23 that DBNF’s management actions have represent a significant threat to the occurrences in direct competition with had a positive effect on the species. species. Specifically, disturbance from invasive plants, most (16 of 23 (70 Potential impacts that may be trampling, camping, and rock climbing percent)) were stable or increased over associated with low genetic variability has been reduced and the number of the 10-year monitoring period (KSNPC such as inbreeding depression, reduced stems has stabilized or increased. Based 2010, p. 14; Service 2014, pp. 1–6). fitness, or reduced adaptive capacity on the best available information for We do not have data that specifically (ability to respond to and adapt to both private and public lands address the effects of climate change changing conditions) have been occurrences, and the fact that existing with regard to invasive species identified as a potential threat to other regulatory mechanisms and associated attributes such as distribution or range listed plant species, but we have no management practices will continue on and the relation to white haired information suggesting that low genetic public lands, we conclude that existing goldenrod. There are some data showing variability affects S. albopilosa (53 FR regulatory mechanisms are adequate. that more common aggressive invasive 11614, April 7, 1988; Service 2009a, species like kudzu (Pueraria lobata) E. Other Natural or Manmade Factors entire; KSNPC 2010, 24 pp.). Esselman may expand into greater ranges due to and Crawford (1997, pp. 245–257) Affecting Its Continued Existence possible effects of climate change reported that S. albopilosa exhibits Other natural or manmade factors (Bradley et al. 2009). However, species genetic diversity both within and were first identified as a threat to like Japanese stilt grass are more recent between populations (genetic diversity Solidago albopilosa due to the species’ invaders to this area of the Southeast, is widely spread among populations, specialized habitats (sandstone rock and other than the data presented above, and populations are not genetically shelters and cliff habitats of the Red we do not have further information or homogenous). The highest level of River Gorge) and the perceived data that indicates competition from genetic diversity was observed within vulnerability of these habitats to any invasive plants will change in (as opposed to between) populations. physical or climatic change (52 FR significance as a threat to the species. Consequently, we do not believe that 13798, April 24, 1987; 53 FR 11612, Our current data suggest that Japanese the potential effects associated with low April 7, 1988). In the species’ final stilt grass is not a significant threat to S. genetic variability threaten the listing rule (53 FR 11612) published in albopilosa as 70 percent of occurrences continued existence of S. albopilosa 1988, the Service concluded that even in direct competition with Japanese stilt now or in the foreseeable future. minor changes in the surrounding forest grass were stable or increased over the Some Solidago albopilosa (e.g., loss of canopy trees) could impact last 10 years. Therefore, we do not occurrences may be more vulnerable to the species through drying, erosion, and believe that competition from invasive extirpation due to their small competition with sun-tolerant species. plants is a significant threat to the population size and poor estimated At the time, these potential changes species now or in the foreseeable future. viability. The low number of stems

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(typically less than 300), poor estimated National Climate Change Viewer precipitation (annual mean increase of viability, and high recreational impacts (NCCV), a climate-visualization Web 0.02–0.03 cm/day (+0.008–0.012 in/ associated with D-ranked occurrences site tool developed by the U.S. day)) relative to the period 1950–2005. make these occurrences more vulnerable Geological Survey (USGS) that allows Because the average annual increase in to stochastic events. Currently, 62 of the the user to visualize climate projections precipitation is predicted to be only species’ 117 extant occurrences (53 at the State, county, and watershed level slightly higher, the increased percent) are D-ranked. Even though (Adler and Hostetler 2013, entire; http:// evaporative deficit and the loss in these occurrences may be more www.usgs.gov/climate_landuse/clu_rd/ runoff, snowfall, and soil storage is vulnerable to extirpation, the overall nccv.asp). Initially, the viewer was primarily a result of higher maximum threat to the species is minimal because designed to provide information for and minimum temperatures. The most these occurrences contain less than 20 States and counties on projected dramatic shift is predicted for soil percent of the species’ total number of temperature and precipitation through storage, which will decrease stems. Additionally, a small population the 21st century. The viewer was significantly between mid-May and late size in and of itself is not indicative of expanded in 2014 to provide November relative to 1950–2005. being in danger of extinction, and this information on associated projected Despite the slight increase in predicted was likely never a naturally common or changes in snowpack, soil moisture, precipitation, the coincident warming abundant species. Some Solidago runoff, and evaporative deficit for U.S. means that habitats are unlikely to albopilosa occurrences may have always States and counties and for USGS maintain their current moisture status. had fewer plants in rock shelters with Hydrologic Units or watersheds as To evaluate the vulnerability of less favorable conditions (e.g., small simulated by a simple water-balance Solidago albopilosa to the effects of size, drier conditions). model. The model provides a way to climate change, we also used The Intergovernmental Panel on simulate the response of the water NatureServe’s Climate Change Climate Change (IPCC) concluded that balance to changes in temperature and Vulnerability Index (CCVI) (Young et al. warming of the climate system is precipitation in the climate models (30 2015, entire), a climate change model unequivocal (IPCC 2014, p. 3). Effects separate models developed by the that uses downscaled climate associated with changes in climate have National Aeronautic and Space predictions from tools such as Climate been observed including changes in Administration). Combining the climate Wizard (Givertz et al. 2009, entire) and arctic temperatures and ice, widespread data with the water balance data combines these with readily available changes in precipitation amounts, ocean provides further insights into the information about a species’ natural salinity, and wind patterns and aspects potential for climate-driven change in history, distribution, and landscape of extreme weather including droughts, water resources. The viewer uses tools circumstances to predict whether it will heavy precipitation, heat waves, and the such as climographs (plots of monthly likely suffer a range contraction and/or intensity of tropical cyclones (IPCC averages); histograms showing the population reductions due to the effects 2014, p. 4). Species that are dependent distribution or spread of model of climate change. The CCVI uses an on specialized habitat types, limited in simulations; monthly time series Excel platform that allows users to enter distribution, or at the extreme periphery spanning 1950–2099; and tables that numerical or categorical weighted of their range may be most susceptible summarize changes (and extremes) in responses to a series of questions about to the impacts of climate change (Byers temperature and precipitation during risk factors related to species exposure and Norris 2011, p. 17; Anacker and these periods. The application also and sensitivity to climate change. The Leidholm 2012, p. 2). However, while CCVI separates vulnerability into its two provides access to comprehensive, continued change is certain, the primary components: A species’ three-page summary reports for States, magnitude and rate of change is exposure to changes in climate within a counties, and watersheds. unknown in many cases. The magnitude particular assessment area and its and rate of change could be affected by Using the NCCV and assuming the inherent sensitivity to the effects of many factors (e.g., circulation patterns), more extreme Representative climate change. The tool gauges 20 but we have no additional information Concentration Pathways (RCP) scientifically documented factors and or data regarding these factors with greenhouse gas emission scenario (RCP indicators of these components, as well respect to white-haired goldenrod. 8.5), in which greenhouse gas emissions as documented responses to climate There is evidence that some terrestrial continue to rise unchecked through the change where they exist. plant populations have been able to end of the century leading to an While the Index calculates anticipated adapt and respond to changing climatic equivalent radiative forcing of 8.5 Watts increases or declines in populations of conditions (Franks et al. 2013, entire). m2, we calculated projected annual individual species, it also Both plastic (phenotypic change such as mean changes for maximum accommodates inherent uncertainties leaf size or phenology) and evolutionary temperature (+3.6 degrees Celsius (°C) about how species respond within their (shift in allelic frequencies) responses to (+6.5 degrees Fahrenheit (°F)), ecological contexts. The CCVI generated changes in climate have been detected. precipitation (+0.02–0.03 cm/day a vulnerability rating of ‘‘extremely Both can occur rapidly and often (+0.008–0.012 in/day)), runoff (¥0.25 vulnerable’’ to ‘‘highly vulnerable’’ for simultaneously (Franks et al. 2013, p. cm/month (¥0.1 in/month), snowfall white-haired goldenrod, suggesting that 135). Relatively few studies are (¥0.5 cm (¥0.2 in)), soil storage (¥2.5 the species’ abundance and/or range available, however, that (1) directly cm (¥1.0 in)), and evaporative deficit extent could change substantially or examine plant responses over time, (2) (+0.75 cm/month (+0.3 in/month)) for possibly disappear by 2050 (Young et al. clearly demonstrate adaptation or the the period 2050–2074 in Menifee, 2015, p. 44). Factors influencing the causal climatic driver of the responses, Powell, and Wolfe Counties (Adler and species’ high vulnerability were its poor or (3) use quantitative methods to Hostetler 2013, entire). Based on these movement/dispersal ability, its distinguish plastic versus evolutionary results, all three counties within the connection with uncommon geologic responses (Franks et al. 2013, p. 135). range of Solidago albopilosa will be features, and its unique hydrological To generate future climate projections subjected to higher maximum niche (humid, shaded rock shelters). across the range of white-haired temperatures (annual mean increase of Byers and Norris (2011, p. 16) goldenrod, one tool we used was the 3.6 °C (6.5 °F)) and slightly higher completed a CCVI for plants in an

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adjacent state, West Virginia, and are likely muted or diminished due to genetic variability, small population concluded that top risk factors included this species’ specific habitat conditions. size, and the effects of climate change poor dispersal ability, natural and Based on observations of climatic have been identified as potential threats anthropogenic barriers to dispersal, conditions over a period of 25 years to S. albopilosa. Invasive species occur dependence on wetland habitats, (KSNPC (2010, p. 13), there is some in only 23 of 117 extant occurrences, restriction to areas with unique geology, biological and historical evidence to and most of these occurrences (16) have and genetic bottlenecks (Byers and suggest that S. albopilosa is adapted to remained stable. We do not expect the Norris 2011, p. 16). endure some of the potential effects of loss of eastern hemlock to have a Although the CCVI model (Young et climate change, including more frequent significant impact on the species ° al. 2015, entire) suggested that Solidago droughts and an estimated 2.6–3.6 C because eastern hemlock is a minor ° albopilosa is greatly exposed and (4.7–6.5 F) increase in average annual component of the forest canopy sensitive to climate change and could be maximum temperature. Habitats within surrounding S. albopilosa occurrences. adversely affected in future years, the Red River Gorge often experience The potential effects of low genetic Anacker and Leidholm 2012 (pp. 16–17) multiyear droughts, and S. albopilosa diversity do not represent a threat as the noted that there are a number of occurrences can become stressed during species has relatively high genetic weaknesses associated with the CCVI: these periods. For example, the diversity. Small populations may be (1) It is weighted too heavily towards Cumberland Plateau region of Kentucky vulnerable to stochastic events, but direct exposure to climate change experienced a several-year drought prior these occurrences contain only a small (projected changes to future temperature to KSNPC’s 2008–2009 survey. These proportion of the species’ total number and precipitation conditions that have dry conditions continued during 2008, of stems. We do not consider climate high levels of uncertainties); (2) some and KSNPC observed many drought- change to be an imminent threat based important plant attributes are missing stressed occurrences. The following year on the species’ current status, its (mating system and pollinator (2009) was relatively wet, and several of demonstrated resiliency to periods of specificity); (3) it is very difficult to these drought-stressed occurrences drought, and our uncertainty regarding complete scoring for a given species quickly improved (KSNPC 2010, p. 13). the species’ vulnerability to the effects because some information is simply Despite this most recent dry period and of climate change. Based on all these lacking; and (4) some scoring guidelines others in the past, the species has factors, we find that other natural or are too simplistic (Anacker and demonstrated a resiliency to prolonged manmade factors considered here are no periods of drought. Although Leidholm (2012, pp. 16–17). longer a significant threat to S. downscaling models exist at the county Topographic complexity was considered albopilosa. level (Alder and Hostetler 2013), we do to be a potential complementary factor not have data at the proper scale (inside Overall Summary of Factors Affecting in assessing vulnerability to climate rock shelters or in cliff overhangs) to White-Haired Goldenrod change (Anacker and Leidholm 2012, determine, for example, how the species The primary factors that led to white- pp. 12–16). Topographically complex is affected by decreased relative haired goldenrod’s listing under the Act areas, such as the Red River Gorge humidity during a drought year, but were its limited range and habitat region, have been predicted to be less periodic drought may be a normal threats associated with ground vulnerable to the effects of climate cyclical event needed to increase disturbance and trampling caused by change (Anacker and Leidholm 2012, production. The shaded, cooler, and unlawful archaeological activities and pp. 15–16), so species such as Solidago more humid environment of rock recreational activities such as camping, albopilosa may also be less vulnerable shelters (Nieves and Day 2014, p. 7) and hiking, and rock climbing. Other factors to such effects as compared to plants the topographic complexity of the Red included the inadequate protection of that occur in areas with low topographic River Gorge region (Anacker and occurrences on the DBNF and potential complexity. Leidholm 2012, pp. 15–16) may offer minor vegetational changes in forests Additionally, Phillips (2010, entire) some relief from drying and may surrounding Solidago albopilosa found that efforts to predict responses to contribute to the species’ ability to occurrences. We have carefully assessed climate change and to interpret both survive these conditions. the best scientific and commercial modern and paleoclimate indicators are Although climate change is almost information available regarding the influenced by several levels of potential certain to affect terrestrial habitats in the threats faced by white-haired goldenrod. amplifiers, which can either increase or Red River Gorge region of Kentucky These threats have been removed or exaggerate climate impacts, and/or (Adler and Hostetler 2013, entire), there ameliorated by conservation actions of filters, which reduce or mute impacts. is uncertainty about the specific effects multiple conservation partners for more He notes that climate forcings (factors of climate change on white-haired than 20 years. These activities and other that drive or ‘‘force’’ the climate system goldenrod. Currently, we have no management actions included in the to change such as the energy output of evidence that climate change effects DBNF’s LRMP (USFS 2004, pp. 3.5–3.8) the sun, volcanic eruptions, or changes observed to date have had any adverse have assisted in recovery of the species in greenhouse gases) are partly mediated impact on S. albopilosa or its habitats, as reflected in the large number of by ecological, hydrological, and other and we are uncertain about how stable, self-sustaining, protected processes that may amplify or filter projected future changes in temperature, occurrences (46), and the long period impacts on surface processes and precipitation, and other factors will (greater than 11 years) during which this landforms. For example, resistance or influence the species. However, the best trend has been maintained. resilience of geomorphic systems may available information indicates that the Furthermore, a new cooperative minimize the effects of changes. Thus, effects of climate change do not management agreement among the a given geomorphic response to climate represent an imminent threat now or in Service, DBNF, and KSNPC was signed could represent amplification and/or the foreseeable future. on August 29, 2016, and will provide for filtering (Phillips 2010, p. 571). Due to Summary of Factor E: Other potential the long-term protection of the species. white-haired goldenrod’s habitat threats such as minor vegetational Based on our assessment of factors specificity in rock shelters and cliff changes in the surrounding forest, potentially impacting the species and its overhangs, the effects of climate change competition with invasive species, low habitat, the species’ improved status (a

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sufficient number of viable magnitude that threaten the continued at the time the Service makes any occurrences), and multiple conservation existence of the species. Significant particular status determination. efforts by the Service and its partners, impacts at the time of listing that could The procedure for analyzing whether we conclude that Solidago albopilosa is have resulted in the extirpation of all or any portion is an SPR is similar, not in danger of extinction throughout parts of populations have been regardless of the type of status all of its range or likely to become eliminated or reduced since listing, and determination we are making. The first endangered within the foreseeable we do not expect any of these step in our analysis of the status of a future throughout all of its range. conditions to substantially change post- species is to determine its status throughout all of its range. If we Determination delisting and into the foreseeable future. We conclude that the previously determine that the species is in danger Section 4 of the Act (16 U.S.C. 1533), recognized impacts to Solidago of extinction, or likely to become and its implementing regulations at 50 albopilosa from the present or endangered in the foreseeable future CFR part 424, set forth the procedures threatened destruction, modification, or throughout all of its range, we list the for adding species to and removing curtailment of its habitat or range species as an endangered species or species from the Federal Lists of (Factor A), the inadequacy of regulatory threatened species and no SPR analysis Endangered and Threatened Wildlife mechanisms (Factor D), and minor will be required. If the species is neither and Plants. An assessment of the need vegetational changes in the surrounding in danger of extinction nor likely to for a species’ protection under the Act forest (Factor E), have been ameliorated become so throughout all of its range, as is based on whether a species is in or reduced such that S. albopilosa is no we have found here, we next determine danger of extinction or likely to become whether the species is in danger of longer in danger of extinction so because of any of five factors as extinction or likely to become so throughout all of its range or likely to required by section 4(a)(1) of the Act. throughout a significant portion of its become endangered within the We conducted a review of the status of range. If it is, we will continue to list the foreseeable future throughout all of its this species and assessed the five factors species as an endangered species or range. We, therefore, conclude that S. to evaluate whether Solidago albopilosa threatened species, respectively; if it is is endangered or threatened throughout albopilosa does not meet the definition not, we conclude that listing the species all of its range. We examined the best of a threatened species, nor is it likely is no longer warranted. scientific and commercial information to become so in the foreseeable future. When we conduct an SPR analysis, available regarding the past, present, Significant Portion of the Range we first identify any portions of the and future threats faced by Solidago Analysis species’ range that warrant further albopilosa and its habitat. We reviewed consideration. The range of a species the information available in our files Background can theoretically be divided into and other available published and portions in an infinite number of ways. unpublished information, and we Under the Act and our implementing However, there is no purpose in consulted with recognized experts and regulations, a species may warrant analyzing portions of the range that other Federal and State agencies. listing if it is in danger of extinction or have no reasonable potential to be In considering what factors might likely to become so throughout all or a significant or in analyzing portions of constitute threats, we must look beyond significant portion of its range. Having the range in which there is no the mere exposure of the species to the determined that Solidago albopilosa is reasonable potential for the species to be factor to determine whether the not endangered or threatened endangered or threatened. To identify exposure causes actual impacts to the throughout all of its range, we next only those portions that warrant further species. If there is exposure to a factor, consider whether there are any consideration, we determine whether but no response, or only a positive significant portions of its range in which substantial information indicates that: response, that factor is not a threat. If Solidago albopilosa is in danger of (1) The portions may be ‘‘significant’’ there is exposure and the species extinction or likely to become so. We and (2) the species may be in danger of responds negatively, the factor may be published a final policy interpreting the extinction there or likely to become so a threat and we then attempt to phrase ‘‘Significant Portion of its within the foreseeable future. determine how significant the threat is. Range’’ (SPR) (79 FR 37578; July 1, Depending on the biology of the species, If the threat is significant, it may drive, 2014). In pertinent part, the final policy its range, and the threats it faces, it or contribute to, the risk of extinction of states that (1) if a species is found to be might be more efficient for us to address the species such that the species endangered or threatened throughout a the significance question first or the warrants listing as endangered or significant portion of its range, the status question first. Thus, if we threatened as those terms are defined by entire species is listed as endangered or determine that a portion of the range is the Act. This determination does not threatened, respectively, and the Act’s not ‘‘significant,’’ we do not need to necessarily require empirical proof of a protections apply to all individuals of determine whether the species is threat. The combination of exposure and the species wherever found; (2) a endangered or threatened there; if we some corroborating evidence of how the portion of the range of a species is determine that the species is not species is likely impacted could suffice. ‘‘significant’’ if the species is not endangered or threatened in a portion of The mere identification of factors that currently endangered or threatened its range, we do not need to determine could impact a species negatively is not throughout all of its range, but the if that portion is ‘‘significant.’’ In sufficient to compel a finding that portion’s contribution to the viability of practice, a key part of the determination listing is appropriate; we require the species is so important that, without that a species is in danger of extinction evidence that these factors are operative the members in that portion, the species in a significant portion of its range is threats that act on the species to the would be in danger of extinction, or whether the threats are geographically point that the species meets the likely to become so in the foreseeable concentrated in some way. If the threats definition of an endangered species or future, throughout all of its range; and to the species are affecting it uniformly threatened species under the Act. (3) the range of a species is considered throughout its range, no portion is likely During our analysis, we did not to be the general geographical area to have a greater risk of extinction, and identify any factors that reach a within which that species can be found thus would not warrant further

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consideration. Moreover, if any range. The currently occupied range of (but all 6 have been shown to be stable, concentration of threats apply only to S. albopilosa encompasses and 5 have been shown to be self- portions of the range that clearly do not approximately 114 km2 (44 mi2) in sustaining). These occurrences were meet the biologically based definition of Menifee, Powell, and Wolfe Counties, discussed above. ‘‘significant’’ (i.e., the loss of that KY. Based on examination of The remaining 65 occurrences are on portion clearly would not be expected to information on the biology and life DBNF land, and thus protected, but increase the vulnerability to extinction history of the species, we determined currently are not considered self- of the entire species), those portions that there are no separate areas of the sustaining. Some of these occurrences would not warrant further range that are significantly different have a status of declining or their status consideration. We emphasize that from others or that are likely to be of is unknown, while others are answering these questions in the greater biological or conservation considered not self-sustaining primarily affirmative is not a determination that importance than any other areas. due to poor estimated viability and low the species is endangered or threatened We next examined whether any number of stems observed. These throughout a significant portion of its threats are geographically concentrated occurrences could be at greater risk of range—rather, it is a step in determining in some way that would indicate the extinction due to vulnerability to whether a more detailed analysis of the species could be in danger of extinction, demographic and environmental issue is required. or likely to become so, in that area. stochasticity because of their smaller If we identify any portions that may Through our review of potential threats, population sizes. These 65 occurrences, be both (1) significant and (2) we identified some areas where along with the 6 occurrences on private endangered or threatened, we engage in Solidago albopilosa may experience lands, account for the remaining 25 a more detailed analysis to determine greater threats or a greater likelihood of percent of the total stems estimated to whether these standards are indeed met. extirpation and, therefore, may be in exist in 2013. The threats to these The identification of an SPR does not danger of extinction or likely to become occurrences from recreational activities create a presumption, prejudgment, or so in those areas. These include are being managed and are not different other determination as to whether the occurrences on private lands and from the threats affecting the 46 secure, species in that identified SPR is occurrences that are not currently self-sustaining occurrences. endangered or threatened. We must go considered self-sustaining. The majority Because these 46 occurrences exhibit through a separate analysis to determine (94.8 percent) of Solidago albopilosa stable or increasing trends, contain a whether the species is endangered or occurrences are now located on DBNF relatively high number of stems, have threatened in an SPR. To determine and benefit from management and fair to excellent viability, and exhibit whether a species is endangered or conservation actions implemented relatively high reproductive rates, we threatened throughout an SPR, we will under the LRMP. The remaining (6 of expect these occurrences to persist into use the same standards and the 117) extant occurrences are located the future. While most of the remaining methodology that we use to determine on private lands. As explained above, occurrences also receive protections and if a species is endangered or threatened these occurrences currently do not are not at immediate risk of extirpation, throughout its range. benefit from any formal protection or their lower population sizes and poorer Depending on the biology of the management and, therefore, could face viability put them at a greater risk of species, its range, and the threats it higher magnitude threats. While these extirpation. However, while these faces, it may be more efficient to address occurrences do not receive any formal occurrences may have a greater the ‘‘significant’’ question first, or the protection, five of the six occurrences potential to become extirpated due to status question first. Thus, if we are considered to be stable and self- demographic or environmental determine that a portion of the range is sustaining, indicating a low level of stochasticity, the loss of some or all of not ‘‘significant,’’ we do not need to current impacts to those occurrences. those occurrences would not cause the determine whether the species is Although the occurrences on private species in the remainder of its range to endangered or threatened there; if we lands could face greater threats in the be in danger of extinction or likely to determine that the species is not future due to lack of formal protections, become so. endangered or threatened in a portion of these occurrences represent only 5 In conclusion, we have determined its range, we do not need to determine percent of extant occurrences and a very that none of the existing or potential if that portion is ‘‘significant.’’ small proportion of the range of the threats, either alone or in combination with others, are likely to cause S. SPR Analysis for White-Haired species. Additionally, even if future albopilosa to be in danger of extinction Goldenrod potential threats were to cause the loss of these occurrences, that loss would throughout all or a significant portion of Applying the process described not appreciably reduce the long-term its range, nor is it likely to become above, in considering delisting S. viability of the species, much less cause endangered within the foreseeable albopilosa, we evaluated the range of the species in the remainder of its range future throughout all or a significant this plant to determine if any areas to be in danger of extinction or likely to portion of its range. On the basis of this could be considered a significant become so. evaluation, we conclude S. albopilosa portion of its range. While there is some We also evaluated whether the no longer requires the protection of the variability in the habitats occupied by S. occurrences that are not considered self- Act, and remove S. albopilosa from the albopilosa across its range, the basic sustaining could be considered a Federal List of Endangered and ecological components required for the significant portion of the species’ range. Threatened Plants (50 CFR 17.12 (h)). species to complete its life cycle (e.g., We have determined that 46 secure and adequate sunlight, shade, moisture, self-sustaining occurrences presently are Conservation Measures soils) are present throughout the distributed throughout the species’ Section 4(g)(1) of the Act requires us, habitats occupied by the species. No range, which accounted for more than in cooperation with the States, to specific location within the current 75 percent of the total stems estimated implement a monitoring program for not range of the species provides a unique to exist in 2013. Of the remaining 71 less than 5 years for all species that have or biologically significant function that extant occurrences, the 6 occurrences on been delisted due to recovery. Post- is not found in other portions of the private lands are not considered secure delisting monitoring (PDM) refers to

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activities undertaken to verify that a Kentucky Fish and Wildlife Office’s interests are affected by this rulemaking species that has been delisted due to Web site (http://www.fws.gov/frankfort). action. recovery remains secure from the risk of Effects of the Rule References Cited extinction after the protections of the Act no longer apply. The primary goal This final rule revises 50 CFR 17.12 A complete list of all references cited of PDM is to ensure that the species’ by removing Solidago albopilosa from in this final rule is available at http:// status does not deteriorate, and if a the Federal List of Endangered and www.regulations.gov at Docket No. decline is detected, to take measures to Threatened Plants. Therefore, as of the FWS–R4–ES–2014–0054, or upon halt the decline so that proposing it as effective date of this rule (see DATES), request from the Kentucky Fish and threatened or endangered is not again the prohibitions and conservation Wildlife Office (see ADDRESSES). needed. If, at any time during the measures provided by the Act, monitoring period, data indicate that particularly through sections 7 and 9, no Authors protective status under the Act should longer apply to white-haired goldenrod. The primary author of this rule is Dr. be reinstated, we can initiate listing Removal of S. albopilosa from the Michael A. Floyd in the Service’s procedures, including, if appropriate, Federal List of Endangered and Kentucky Fish and Wildlife Service emergency listing under section 4(b)(7) Threatened Plants relieves Federal Office (see ADDRESSES and FOR FURTHER of the Act. At the conclusion of the agencies from the need to consult with INFORMATION CONTACT). monitoring period, we will review all us under section 7 of the Act. available information to determine if List of Subjects in 50 CFR Part 17 Required Determinations relisting, the continuation of Endangered and threatened species, monitoring, or the termination of National Environmental Policy Act Exports, Imports, Reporting and monitoring is appropriate. We have determined that recordkeeping requirements, Post-Delisting Monitoring (PDM) Plan environmental assessments and Transportation. Overview environmental impact statements, as defined under the authority of the Regulation Promulgation In August 2016, the Service finalized National Environmental Policy Act of a final PDM plan in cooperation with Accordingly, we amend part 17, 1969 (42 U.S.C. 4321 et seq.), need not DBNF and KSNPC (Service 2016, subchapter B of chapter I, title 50 of the be prepared in connection with entire). The Plan: Code of Federal Regulations, as follows: (1) Summarizes the species’ status at regulations pursuant to section 4(a) of PART 17—[AMENDED] the time of delisting; the Act. We published a notice outlining (2) Defines thresholds or triggers for our reasons for this determination in the ■ potential monitoring outcomes and Federal Register on October 25, 1983 1. The authority citation for part 17 conclusions; (48 FR 49244). continues to read as follows: (3) Lays out frequency and duration of Government-to-Government Authority: 16 U.S.C. 1361–1407; 1531– monitoring; Relationship With Tribes 1544; 4201–4245, unless otherwise noted. (4) Articulates monitoring methods including sampling considerations; In accordance with the President’s § 17.12 [Amended] (5) Outlines data compilation and memorandum of April 29, 1994, ■ 2. Amend § 17.12(h) by removing the reporting procedures and ‘‘Government-to-Government Relations entry for ‘‘Solidago albopilosa’’ under responsibilities; and with Native American Tribal ‘‘FLOWERING PLANTS’’ from the List (6) Provides a post-delisting Governments’’ (59 FR 22951), Executive of Endangered and Threatened Plants. monitoring implementation schedule Order 13175, and the Department of the including timing and responsible Interior’s manual at 512 DM 2, we Dated: September 28, 2016. parties. readily acknowledge our responsibility Stephen Guertin, We will post the final PDM plan and to communicate meaningfully with Acting Director, U.S. Fish and Wildlife any future revisions if necessary on our recognized Federal Tribes on a Service. national Web site (http:// government-to-government basis. We [FR Doc. 2016–24249 Filed 10–7–16; 8:45 am] endangered.fws.gov) and on the have determined that no tribal lands or BILLING CODE 4310–55–P

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