Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Proposed Rules 52717

channel would be required in of a television station assigned to a 2014–0054. You may submit a comment accordance with the procedures channel within the duplex gap. by clicking on ‘‘Comment now!’’ Please proposed in the Vacant Channel NPRM Federal Communications Commission. ensure that you have found the correct in geographic areas where the duplex Marlene H. Dortch, rulemaking before submitting your gap is subject to impairment. comment. Secretary. We hereby incorporate by reference • By U.S. mail or hand-delivery: the IRFA from the Vacant Channel [FR Doc. 2015–21560 Filed 8–31–15; 8:45 am] Public Comments Processing, Attn: NPRM. This Supplemental IRFA BILLING CODE 6712–01–P Docket No. FWS–R4–ES–2014–0054; supplements paragraphs 4 and 19 of the U.S. Fish and Wildlife Service IRFA as follows to reflect the second Headquarters, MS BPHC, 5275 Leesburg vacant channel preservation proposal. DEPARTMENT OF THE INTERIOR Pike, Falls Church, VA 22041–3803. Consistent with the vacant channel We request that you send comments Fish and Wildlife Service proposal in the Vacant Channel NPRM, only by the methods described above. we believe the second vacant channel We will post all comments on http:// 50 CFR Part 17 proposal in paragraph 32 of this www.regulations.gov. This generally document will not significantly burden [Docket No. FWS–R4–ES–2014–0054; means that we will post any personal small entities in terms of either the FXES11130900000C2–145–FF09E32000] information you provide us (see the Information Requested section below for continued availability of channels in all RIN 1018–BA46 areas or the administrative burdens of more information). compliance. After the final channel Endangered and Threatened Wildlife Document availability: A copy of the assignments are made following the and ; Removal of draft post-delisting monitoring plan can incentive auction, multiple vacant albopilosa (White-haired Goldenrod) be viewed at http://www.regulations.gov channels will exist in most areas as a From the Federal List of Endangered under Docket No. FWS–R4–ES–2014– result of the co- and adjacent channel and Threatened Plants 0054, or at the Ecological separation requirements necessary to Services Field Office’s Web site at protect primary broadcast stations from AGENCY: Fish and Wildlife Service, http://www.fws.gov/frankfort/. interference from each other. While the Interior. FOR FURTHER INFORMATION CONTACT: effect of the second vacant channel ACTION: Proposed rule; availability of Virgil Lee Andrews, Jr., Field preservation proposal would be to draft post-delisting monitoring plan. Supervisor, U.S. Fish and Wildlife reduce by two the total number of Service, Kentucky Ecological Services SUMMARY: We, the U.S. Fish and vacant channels that would otherwise Field Office, 330 West Broadway, Suite Wildlife Service (Service), propose to be available in an area, it applies only 265, Frankfort, Kentucky 40601; remove the in those areas where the duplex gap is telephone (502) 695–0468. Individuals (white-haired goldenrod) from the subject to impairment. Our analysis who are hearing-impaired or speech- Federal List of Endangered and indicates the duplex gap will not be impaired may call the Federal Threatened Plants. This determination subject to any impairment in most Information Relay Service at (800) 877– is based on a thorough review of the markets even if the optimization 8339 for TTY assistance 24 hours a day, best available scientific and commercial procedure tool is not restricted in 7 days a week. information, which indicates that the assigning impairing stations. Thus, the SUPPLEMENTARY INFORMATION: threats to this species have been duplex gap will remain free from eliminated or reduced to the point that Executive Summary impairment across most of the country, the species no longer meets the except in a relatively small number of Purpose of Regulatory Action definition of an endangered species or a markets. Consequently, the impact on threatened species under the We propose to remove the white- small entities, in terms of the Endangered Species Act of 1973, as haired goldenrod from the Federal List availability of channels for future use, amended (Act). We seek information, of Endangered and Threatened Plants will be limited. Consistent with the data, and comments from the public based on its recovery. This proposed IRFA, although small entities may regarding this proposal to delist S. action is based on a thorough review of experience an increased burden, the albopilosa, and on the draft post- the best available scientific and Commission believes that adoption of delisting monitoring plan. commercial information. This the second vacant channel preservation document: (1) Proposes to delist this DATES: To allow us adequate time to requirement will greatly benefit white endangered plant species; and (2) space and wireless microphone users as consider your comments on this proposed rule, we must receive your announces the availability of a draft well as the manufacturer of white space post-delisting monitoring plan. and wireless microphone equipment comments on or before November 2, that are also small businesses by 2015. We must receive requests for Basis for Action creating new uses and opportunity for public hearings in writing, at the We may delist a species if the best this spectrum. The Commission also address shown in FOR FURTHER scientific and commercial data indicate believes that this prioritization and INFORMATION CONTACT, by October 16, the species is neither a threatened protection of white space is critical if it 2015. species nor an endangered species for is to realize the benefits that this ADDRESSES: You may submit comments one or more of the following reasons: (1) spectrum will provide to small on this proposed rule and draft post- The species is extinct; (2) the species businesses and developers that will delisting monitoring plan by one of the has recovered and is no longer usher forth new and unthought-of uses. following methods: threatened or endangered; or (3) the This Supplemental IRFA also • Federal eRulemaking Portal: Go to original data used at the time the supplements paragraph 17 of the IRFA the Federal eRulemaking Portal: http:// species was classified were in error. discussing procedures to reflect that a www.regulations.gov. In the Search box, Here, we have determined that the broadcast applicant would determine if enter the Docket Number for this species may be delisted based on its contour overlaps the service contour proposed rule, which is FWS–R4–ES– recovery.

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• During the latest range-wide survey • The total number of stems now consideration all comments and any for this plant, our State partner, the stands at approximately 174,000, and additional information we receive. Such Kentucky State Nature Preserves the 46 secure, self-sustaining information may lead to a final rule that Commission (KSNPC) (2010, p. 6), occurrences contain approximately differs from this proposal. All comments documented a total of 116 extant 131,000 stems, or about 75 percent of and recommendations, including names occurrences with the following ranks: the species’ total number. and addresses, will become part of the A-rank (11 occurrences), B (26), C (25), Public Comments administrative record. and D (54) (see Species Information for You may submit your comments and definitions of each specific rank; ranks We intend that any final action materials concerning this proposed rule were based on population size and resulting from this proposed rule will be by one of the methods listed in as accurate and effective as possible. perceived viability, condition, ADDRESSES. Before including your and degree of threat). Of the 116 extant Therefore, we request data, comments, address, phone number, email address, occurrences, only 6 were located on and new information from other or other personal identifying private land, with the remainder located concerned governmental agencies, the information in your comment, you on the Daniel Boone National Forest scientific community, industry, or other should be aware that your entire (DBNF). For all extant occurrences, 79 interested parties concerning this comment—including your personal (68 percent) were considered to be proposed rule. The comments that will identifying information—may be made stable, including ranks of A (10 be most useful and likely to influence publicly available at any time. occurrences), B (21), C (18), and D (30). our decisions are those that are supported by data or peer-reviewed If you submit information via http:// For these stable occurrences, KSNPC www.regulations.gov, your entire reported an average monitoring period studies and those that include citations to, and analyses of, applicable laws and comment—including any personal of 10.2 years and an average of 3.6 identifying information—will be posted monitoring events for each occurrence regulations. Please make your comments as specific as possible and explain the on the Web site. While you can ask us (see Table 1). in your comment to withhold your • From June to October 2013, KSNPC basis for them. In addition, please include sufficient information with your personal identifying information from and the Service completed additional public review, we cannot guarantee that surveys at 30 widely separated comments to allow us to authenticate any scientific or commercial data you we will be able to do so. Please note that occurrences. These surveys increased comments posted to this Web site are the number of extant occurrences from reference or provide. In particular, we seek comments concerning the not immediately viewable. When you 116 to 117 and increased the number of submit a comment, the system receives stable occurrences from 79 to 81. One following: (1) Biological data regarding S. it immediately. However, the comment new occurrence was discovered, and will not be publically viewable until we revised status information was albopilosa; (2) Relevant data concerning any post it, which might not occur until generated for two unknown threats (or lack thereof) to S. albopilosa several days after submission. occurrences. Occurrences were ranked particularly any data on the possible Similarly, if you mail or hand-deliver as ‘‘unknown’’ if data from only one effects of climate change to this plant as a hardcopy comment that includes prior survey was available or prior it relates to its unique habitat types personal identifying information, you surveys could not be compared to recent (including models and data presented in may request at the top of your document surveys due to discrepancies in survey this rule), as well as the extent of that we withhold this information from methodology. Combining these results Federal and State protection and public review, but we cannot guarantee with those of previous surveys produces management that would be provided to that we will be able to do so. To ensure a total of 81 stable occurrences with the S. albopilosa as a delisted species; that the electronic docket for this following categorical results: A (11 (3) Additional information concerning rulemaking is complete and all occurrences), B (22), C (18), and D (30) the range, distribution, population size, comments we receive are publicly (see Table 2). The average monitoring and trends of S. albopilosa, including available, we will post all hardcopy period increased from 10.2 to 11.1 years, the locations of any additional submissions on http:// with an average of 3.7 monitoring events populations of this species; www.regulations.gov. for each occurrence. (4) Current or planned activities • Comments and materials we receive, Of the 81 stable occurrences, we within the geographic range of S. consider the A-, B-, and C-ranked as well as supporting documentation albopilosa colonies that may impact or used in preparing this proposed rule occurrences (total of 51) to be self- benefit the species; and sustaining as defined by the recovery will be available for public inspection in (5) The draft post-delisting monitoring two ways: plan. We consider these occurrences to plan and the methods and approach be self-sustaining because there is detailed in it. (1) You can view them on http:// evidence of successful reproduction and Please note that submissions merely www.regulations.gov. In the Search the number of individuals is stable or stating support for or opposition to the Documents box, enter FWS–R4–ES– increasing. Under the recovery plan’s action under consideration without 2014–0054, which is the docket number delisting criteria, S. albopilosa will be providing supporting information, for this rulemaking. Then, in the Search considered for delisting when 40 although noted, will not be considered panel on the left side of the screen, geographically distinct, self-sustaining in making a determination, as section select the type of documents you want occurrences are adequately protected 4(b)(1)(A) of the Act directs that a to view under the Document Type and have been maintained for 10 years. determination as to whether any species heading. Of the 51 self-sustaining occurrences, 46 is a threatened or endangered species (2) You can make an appointment, are adequately protected (occupy the must be made ‘‘solely on the basis of the during normal business hours, to view DBNF) and have been maintained for best scientific and commercial data the comments and materials in person at more than 10 years. Therefore, the available.’’ the U.S. Fish and Wildlife Service, delisting recovery criteria have been In issuing a final determination on Kentucky Field Office (see FOR FURTHER met. this proposed action, we will take into INFORMATION CONTACT).

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Public Hearing that cover the leaves and stems are the have a slick, smooth appearance) Section 4(b)(5)(E) of the Act provides species’ most distinguishing (Medley 1980, p. 6). The two species for one or more public hearings on this characteristic (Andreasen and Eshbaugh also differ in habitat preference. proposal, if requested. We must receive 1973, p. 123). The alternate leaves of S. Solidago albopilosa is restricted to requests for public hearings, in writing, albopilosa are widest at their base and sandstone rock shelters or ledges, while are prominently veined with a dark S. flexicaulis is a woodland species at the address shown in FOR FURTHER green upper surface and a pale occurring on the forest floor. Esselman INFORMATION CONTACT by the date shown underside. They vary in length from 6 and Crawford (1997, pp. 245–256) used in the DATES section of this document. to 10 centimeters (2.5 to 4.0 inches), molecular and morphological analyses We will schedule public hearings on with the larger leaves closer to the base to examine the relationship between S. this proposal, if any are requested, and of the stem. Hairs cover both surfaces of albopilosa and S. flexicaulis. They announce the dates, times, and places of the leaves and are most dense along the concluded that S. albopilosa is most those hearings, as well as how to obtain veins. The stem is cylindrical and closely related to S. flexicaulis; reasonable accommodations, in the densely covered with fine white hairs. however, there was no evidence that Federal Register at least 15 days before Axillary (positioned along the main axis either S. flexicaulis or S. caesia (wreath the first hearing. of the plant) clusters of small, fragrant, or blue-stemmed goldenrod) is a parent Previous Federal Actions yellow flowers begin blooming in late or has a recent close relationship with August. The flower heads are composed S. albopilosa as was previously On April 24, 1987, we published a of three to five ray florets (small flowers speculated by Braun (1942, pp. 1–4). proposed rule in the Federal Register in the marginal part of the flower head) Esselman and Crawford (1997, pp. 245– (52 FR 13798) to list S. albopilosa as and more than 15 disk florets (small 256) also examined genetic diversity endangered under section 4 of the Act. flowers in the central part of the flower within S. albopilosa (using Random On April 7, 1988, we published a final head). The ray florets are about 6 mm Amplified Polymorphic DNA (RAPD) rule in the Federal Register (53 FR long (0.24 inch), and the disk flowers and isozyme markers) and reported 11612) listing S. albopilosa as a are about 3 mm long (0.12 inch). The genetic variation both within and threatened species. The final rule pale brown, pubescent, oblong achenes between populations (genetic diversity identified the following threats to S. (dry single-seed fruits) appear in is widely spread among populations and albopilosa: Loss of habitat due to October (Braun 1942, pp. 1–4; populations are not very genetically recreational activities (rock climbing, Andreasen and Eshbaugh 1973, p. 123; homogenous). The highest level of hiking, camping, rappelling, and artifact Service 1993, p. 1). genetic diversity was observed among collection) and a proposed reservoir Solidago albopilosa flowers from rather than within populations. project; overutilization for recreational September through November and sets Consequently, Esselman and Crawford purposes; no State law protecting rare fruit in mid-October through December. (1997, pp. 245–256) recommended that plants in Kentucky; and potential The flowers are visited by bees, moths, conservation efforts include the vegetational shifts in forests and syrphid flies, which are likely maintenance of as many populations as surrounding S. albopilosa . On attracted by the fragrant, yellow flowers possible to capture the full genetic September 28, 1993, we published the (Braun 1942, pp. 1–4; Service 1993, p. diversity of the species. White-haired Goldenrod Recovery Plan 6). Viability of the species’ pollen is Solidago albopilosa is restricted to (Service 1993, 40 pp.). On July 26, 2005, reported to be high (Andreason and outcroppings of Pottsville sandstone in we initiated a 5-year status review of Eshbaugh 1973, pp. 129–130). Seeds are a rugged, highly dissected area known this species (70 FR 43171). The 5-year most likely dispersed by wind, but as the in Menifee, status review was completed on March germination rates and the extent of Powell, and Wolfe Counties, Kentucky 3, 2009 (Service 2009, 15 pp). Although vegetative reproduction are unknown (Service 1993, p. 2; White and Drozda the review did not include a (Service 1993, p. 6). 2006, p. 124). The Red River Gorge is recommendation to reclassify or delist Braun (1942, pp. 1–4) described S. well known for its scenic beauty and this plant, it did indicate that the albopilosa based on specimens outdoor recreational opportunities, and species was showing substantial discovered in the summer of 1940 in the much of the area is located within the improvement. New occurrences have Red River Gorge area of Menifee County, DBNF, an approximate 2,860-km2 been located since completion of the Kentucky. Solidago albopilosa is in the (706,000-acre) area in eastern Kentucky recovery plan and a significant number family , and there are no that is owned and managed by the U.S. of occurrences (51) appear to be stable. synonyms for the species. Andreasen Forest Service (White and Drozda 2006, We shared in this analysis that we and Eshbaugh (1973, pp. 126–128) p. 124). The Red River Gorge lies within anticipated making additional progress studied variation among four separate the Northern Forested Plateau with partners and we believed that occurrences (populations) of S. Escarpment of the Western Allegheny delisting should be considered for this albopilosa in Menifee and Powell Plateau ecoregion (Woods et al. 2002, p. species in the near future. Counties. Their population analysis of 1). The hills and ridges of this region are For additional details on previous characteristics such as plant height, leaf characterized as rugged and highly Federal actions, see discussion under length and width, stem pubescence, and dissected, with erosion-resistant, the Recovery section below. Also see number of ray flowers per head showed Pennsylvanian quartzose sandstone http://www.fws.gov/endangered/ that some morphological characteristics (contains 90 percent quartz) capping the species/us-species.html for the species (e.g., plant height, leaf shape and size, ridges and exposed layers of profile for this . stem pubescence) can vary widely Mississippian limestone, shale, and between populations. siltstone on lower slopes and in the Species Information Solidago albopilosa can be valleys. Solidago albopilosa (Braun 1942) is distinguished from its closest relative, S. White-haired goldenrod typically an upright to slightly arching, flexicaulis (broad-leaf goldenrod), by its occurs on the floors of sandstone rock herbaceous, perennial plant that attains shorter height, smaller and thinner shelters (natural, shallow, cave-like a height of 30 to 100 centimeters (12 to leaves, and generally downy (hairy) formations) and on sheltered cliffs (cliffs 39 inches). The long, soft, white hairs appearance (the leaves of S. flexicaulis with overhanging ledges) at elevations

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of between 243 and 396 m (800 and tripetala), black gum (Nyssa sylvatica), degree of recreational impact is medium 1,300 ft) (Andreasen and Eshbaugh oaks (Quercus spp.), basswood (Tilia or high. 1973; Service 1993, p. 5). The species americana), and eastern hemlock (Tsuga B (good estimated viability): 1,000 to may also be found on ledges or cracks canadensis) (Andreason and Eshbaugh 2,499 stems and some areas of habitat in the ceiling or vertical walls of these 1973, p. 128; Kral 1983, p. 1253; with a low degree of recreational impact habitats, but, regardless of the specific Campbell et al. 1989, p. 40). or higher numbers of stems (2,500 to location, white-haired goldenrod is When the species’ recovery plan was 4,000) at sites where the degree of restricted to areas of partial shade completed in 1993, 90 extant recreational impact is medium or high. behind the dripline (53 FR 11612) and occurrences were known (Service 1993, C (fair estimated viability): 300 to 999 typically does not grow in the deepest p. 2), containing an estimated 45,000 stems where recreational impacts are part of rock shelters (Harker et al. 1981, stems (Service 1993, p. 2). All of these low or higher numbers of stems (1,000 p. 4). Campbell et al. (1989, p. 40) noted locations were situated within the to 2,000) at sites affected by a medium that this plant species is known from all proclamation boundary of the DBNF, or high degree of recreational impact; possible moisture regimes and aspects and 69 occurrences (approximately 76 may also include sites with little in these habitats, but plants on northern percent) were in Federal ownership. opportunity for habitat recovery or exposures appeared to be smaller than The remaining occurrences (21) were population expansion. located on private property. Rather than average. Seven of nine occurrences D (poor estimated viability): Fewer examined by Nieves and Day (2014, pp. try to determine what constituted a than 300 stems in any habitat. 8–9) were located in easterly or population, the recovery plan (Service northerly facing shelters, which receive 1993, p. 1) used ‘‘occurrence’’, defining H (historic): Taxon or natural minimal direct sunlight. Nieves and Day it as a ‘‘discrete group of plants beneath community has not been reliably examined only a small percentage of the a single rock shelter or on a single rock reported in Kentucky since 1990 but is species’ 117 known occurrences (8 ledge.’’ In making this definition, the not considered extinct or extirpated. percent), so further study is required to Service (1993, p. 6) explained that X (extirpated): A taxon for which determine the importance of solar pollinators (bees and syrphid flies) habitat loss has been pervasive and/or aspect on the species’ biology and likely carried pollen between rock concerted efforts by knowledgeable distribution. Ten rock shelter habitats shelters and may even move between biologists to collect or observe examined by Nieves and Day (2014, p. adjacent ravines. If there were sufficient specimens within appropriate habitats 7) were significantly cooler and more gene flow between occurrences via have failed. humid than the surrounding pollinators, clusters of nearby rock F (failed to find): Occurrence not environment (areas outside and above shelters or adjacent ravines could located in current survey; original the rock shelter), but the species’ comprise a population. However, mapping may be in wrong location. requirements with respect to air without additional research, it was During their 2-year range wide survey, temperature and relative humidity are impossible to determine the species’ KSNPC (2010, p. 6) documented a total unknown. actual population boundaries. of 116 extant occurrences, producing Typical herbaceous associates of The Kentucky State Nature Preserves ranks with the following categorical white-haired goldenrod include Commission (KSNPC) completed results: A-rank (11 occurrences), B (26), roundleaf catchfly ( rotundifolia) surveys in 1996, 1999, 2002, 2004, and C (25), and D (54) (Table 1). The and alumroot ( parviflora) and 2005 (White and Drozda 2006, pp. 124– remaining 25 occurrences were less commonly white baneberry (Actaea 128; KSNPC 2010, p. 4), and these considered to be historic, extirpated, or pacypoda), maidenhair fern (Adiantum surveys raised the number of S. could not be relocated (failed to find). pedatum), fourleaf yam (Dioscorea albopilosa occurrences from 90 to 141. Of the 116 extant occurrences, only 6 quaternata), intermediate woodfern Despite the increased number of were located on private land, with the (Dryopteris intermedia), Indian occurrences, the total range of S. remainder located on the DBNF. For all cucumber-root ( virginiana), albopilosa did not increase significantly extant occurrences, 79 (68 percent) were Japanese stilt grass (Microstegium as it was still restricted to the same considered to be stable, including ranks vimineum), Christmas fern (Polystichum general area within the Red River Gorge. of A (10 occurrences), B (21), C (18), and acrostichoides), rhododendron KSNPC (2010, pp. 4–8) completed the D (30). Stability was estimated through (), and little first range-wide survey during the 2008 comparisons of historical and recent mountain meadow-rue (Thalicturm and 2009 field seasons. During this 2- survey data. Occurrences were mirabile) (Braun 1942, pp. 1–4; year period, KSNPC ranked each considered ‘‘stable’’ if no change was Andreason and Eshbaugh 1973, p. 128; occurrence based on population size detected in their general rank/status Kral 1983, p. 1253; Campbell et al. 1989, and viability, habitat condition, and over the course of monitoring, stem p. 40; White and Drozda 2006, p. 124). degree of threat. KSNPC also evaluated numbers increased over the course of Associated woody species of the mixed the stability of each occurrence by monitoring, and/or slight decreases in mesophytic forest adjacent to S. comparing their 2008–2009 survey data stem numbers could be attributed to albopilosa occurrences include red with data collected in previous years. natural climatic variation. Ranks were maple (Acer rubrum), sugar maple (Acer The following specifications were used based on population size and perceived saccharum), American beech (Fagus to rank the occurrences (KSNPC 2010, p. viability, habitat condition, and degree grandifolia), American holly (Ilex 21): of threat. For all stable occurrences, opaca), mountain laurel (Kalmia A (excellent estimated viability): KSNPC reported an average monitoring latifolia), tulip poplar (Liriodendron 2,500 or more stems in habitat with low period of 10.2 years and an average of tulipifera), bigleaf magnolia (Magnolia degree of recreational impact or a 3.6 monitoring events for each macrophylla), umbrella magnolia (M. minimum of 4,000 stems where the occurrence.

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TABLE 1—SUMMARY OF WHITE-HAIRED GOLDENROD 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 Total A B C D

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 (see Table 1). surveys could not be compared to recent occurrences with the following For the declining occurrences, ranks surveys due to discrepancies in survey categorical results: A (11 occurrences), B included B (5 occurrences), C (4), and D methodology. (22), C (18), and D (30) (Table 2). The (22). For the unknown occurrences, KSNPC and the Service completed average monitoring period increased ranks included A (1 occurrence), C (3), additional surveys from June to October from 10.2 to 11.1 years, with an average and D (2). Occurrences were considered 2013 at 30 widely separated of 3.7 monitoring events for each to be 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 (Service 2014a, entire). completed. stem count. Unknown status meant Combining these results with

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

Ranks of extant occurrences Status Total A B C D

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

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

Recovery accomplished, yet the Service may recovery criteria and goals as they relate judge that, overall, the threats have been to evaluating the status of the taxon. Section 4(f) of the Act directs us to minimized sufficiently, and the species The White-haired Goldenrod develop and implement recovery plans is robust enough, to reclassify the Recovery Plan was approved by the for the conservation and survival of species from endangered to threatened Service on September 28, 1993 (Service threatened and endangered species or perhaps delist the species. In other 1993, 40 pp.). The recovery plan unless we determine that such a plan cases, recovery opportunities may have includes recovery criteria intended to will not promote the conservation of the been recognized that were not known at indicate when threats to the species species. Recovery plans are not the time the recovery plan was have been adequately addressed, and regulatory documents and are instead finalized. These opportunities may be prescribes actions necessary to achieve intended to establish goals for long-term used instead of methods identified in those criteria. We first discuss progress conservation of a listed species, define the recovery plan. on completing the primary recovery criteria that are designed to indicate Likewise, information on the species actions, then discuss recovery criteria. when the threats facing a species have that was not known at the time the been removed or reduced to such an recovery plan was finalized may become Recovery Actions extent that the species may no longer available. The new information may The recovery plan identifies five need the protections of the Act, and change the extent that criteria need to be primary actions necessary for recovering provide guidance to our Federal, State, met for recognizing recovery of the S. albopilosa: and other governmental and species. Recovery of species is a (1) Protect existing occurrences; nongovernmental partners on methods dynamic process requiring adaptive (2) Continue inventories; to minimize threats to listed species. management that may, or may not, fully There are many paths to accomplishing follow the guidance provided in a (3) Conduct studies on life history and recovery of a species, and recovery may recovery plan. ecological requirements; be achieved without all criteria being The following discussion provides a (4) Maintain plants and seeds ex situ; fully met. For example, one or more brief review of recovery planning and and criteria may have been exceeded while implementation for the white-haired (5) Provide the public with other criteria may not have been goldenrod, as well as an analysis of the information.

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

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p. 5). In its 2-year range wide study, about habitat requirements of this plant historical artifacts as part of the strategy KSNPC (2010, p. 5) used a two-page for the purposes of determining if to continue to protect against looting plant survey form to record more reintroduction or artificial propagation and at the same time to protect this detailed biological information at each that may be necessary to help recover plant species. DBNF also displays occurrence: population structure this plant. White haired goldenrod photographs and provides information (percent individuals exhibiting occurrences have grown in number and on S. albopilosa at its Gladie Cultural- vegetative versus reproductive growth), size as recovery implementation actions Environmental Learning Center. KSNPC occurrence size (square meters), plant have been implemented and threats makes available on its Web site height, number of stems, number of have been removed or reduced. These (http://naturepreserves.ky.gov) an S. rosettes, population density, plant vigor, successful actions have removed the albopilosa factsheet and several and an evaluation of threats (e.g., necessity of having to reintroduce or threatened and endangered species lists trampling, camping, invasive plants, augment plants. We will continue to that include information on S. herbivory). KSNPC (2010, p. 5) also learn more about the species’ habitat albopilosa. In June 2009, the Kentucky photographed each occurrence and requirements as we work with DBNF Department of Fish and Wildlife made sketches that showed individual and KSNPC through post delisting Resources published 2,000 copies of a patch locations within each occurrence monitoring. In the course of this work, revised threatened and endangered or rock shelter. if a new threat of any kind presents species booklet (second edition), which Nieves and Day (2014, pp. 1–12) itself, we have identified in the PDM contained a species account for S. conducted a preliminary assessment of plan how we will evaluate it with albopilosa. Because of the numerous the microclimatic and pedological (soil) respect to species status. public information and education conditions of 10 rock shelters inhabited The majority of subactivities have projects listed above, we consider this by the species. They documented been addressed (3.2, 3.4–3.7); a recovery action completed. significant differences between the considerable amount of information has Recovery Criteria inside of rock shelters and the been gained regarding the species’ life surrounding environment with respect history and ecological requirements; Under the Recovery Plan, S. to temperature and relative humidity and the species’ status has improved albopilosa will be considered for (habitats inside rock shelters were since publication of the recovery plan. delisting when 40 geographically wetter and more humid) but no We were able to obtain the intended distinct, self-sustaining occurrences are significant differences with respect to information identified in subactivity 3.3 adequately protected and have been soil characteristics (macronutrients and through implementation of other maintained for 10 years. An occurrence acidity/alkalinity (pH)). Most of the rock actions. Although the need to conduct will be considered as self-sustaining if shelters they investigated were easterly subactivity 3.3 has been removed with there is evidence of successful or northerly facing, but their small positive progress in this plant’s recovery reproduction and the number of sample size prevents any significant program, we intend throughout PDM to individuals is stable or increasing. An conclusions with respect to the continue to work closely with occurrence will be adequately protected importance of sunlight and solar researchers as they learn more about when it is legally protected, has radiation. this species and its habitat. received adequate physical protection, Under recovery action 3.0, two of Recovery Action (4): Maintain plants and is assured of all required seven subactivities remain to be and seeds ex situ. management. The recovery plan also completed—the use of quantitative, noted that the requirements for delisting Seeds and plants of S. albopilosa have permanent plots (3.1) and determination were preliminary and could change as not been maintained ex situ in any of specific habitat requirements (3.3). more information about the biology of museum, botanical garden, or other seed Permanent plots have not been the species was known. Based on our storage facility; however, we are established, but the species’ known current understanding of the species’ working with the Missouri Botanical occurrences have been visited and range, biology, and threats, we believe Garden to develop a seed banking effort evaluated repeatedly (average of 3.6 that the delisting criteria continue to be times) since completion of the recovery for S. albopilosa. A proposal for this relevant. While the number of plan. These visits have allowed us to work has been drafted and is being occurrences has increased since evaluate the species’ status and track the considered by the Garden and the completion of the Recovery Plan, the number of stems and flowers. The Service. This effort will likely begin in species’ overall range and the type of purpose of subactivity 3.1 was to late 2015 and will also be included as threats have not changed dramatically. evaluate demography and we believe part of post-delisting monitoring Furthermore, our current knowledge of the visits and work done in cooperation activities. This will involve collection of the species’ biology indicates that with KSNPC has provided enough S. albopilosa seed from across the range multiple, distinct populations should be population data on this plant to propose of the species with deposition of the maintained in order to provide delisting without establishing material at the Missouri Botanical redundancy (protect against stochastic permanent plots. The species’ specific Garden. events) and preserve genetic diversity. habitat requirements (e.g., light, Recovery Action (5): Provide the public We believe the recovery goal of 40 moisture, soils) are not well understood, with information. stable, self-sustaining, and protected but preliminary investigations into the The KSNPC and DBNF have prepared occurrences is sufficient to address microclimate and soil conditions of rock several species factsheets and signs that these needs. The species’ current shelters were completed by Nieves and have been posted at gas stations, number of stable, self-sustaining, and Day (2014, pp. 1–12), and additional restaurants, kiosks, and trailheads protected occurrences (46) has exceeded research is planned (Nieves and Day throughout the Red River Gorge. These this recovery goal (see discussion of 2014, pp. 11–12). In partnership with signs were intended to educate Red Recovery Action 1 above). These DBNF and KSNPC, we have done River Gorge visitors about the species occurrences are distributed across the extensive work together to reduce and its threats. Signs have also been species’ range and contain more than 75 threats such as disturbance. The intent posted in five archaeologically sensitive percent of the species’ total number of behind subactivity 3.3 was to learn rock shelters to prevent disturbance of stems.

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

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species’ total number of stems, and thus 4(a)(1) of the Act. In other words, for that these habitats are no longer suitable represent 75 percent of the species’ total species that are already listed as for the species (KSNPC 2010, pp. 6–7). population. These secure, self- endangered or threatened, the analysis According to the DBNF, impacts from sustaining occurrences, as well as 93 for a delisting due to recovery must archaeological looting are now percent of the species’ remaining include an evaluation of the threats that infrequent, and these activities no occurrences currently receive protection existed at the time of listing, the threats longer pose a significant threat to S. and management through currently facing the species, and the albopilosa within the Red River Gorge implementation of DBNF’s LRMP. We, threats that are reasonably likely to (Taylor pers. comm. 2013). As for therefore, conclude that the goals and affect the species in the foreseeable recreational impacts, many white-haired criteria outlined in the recovery plan future following the delisting or goldenrod occurrences are located in have been achieved. downlisting and the removal of the remote ravines of the Red River Gorge Act’s protections. or grow along inaccessible cliff lines Summary of Factors Affecting the that are seldom visited or disturbed by Species The following analysis examines all five factors that are currently affecting campers, hikers, and rock climbers. Section 4 of the Act and its or are likely to affect S. albopilosa Therefore, the threat magnitude at these implementing regulations (50 CFR part within the foreseeable future. sites is low. 424) set forth the procedures for listing, Occurrences located in areas with reclassifying, or removing species from Factor A. The Present or Threatened more frequent visitor use, typically the Federal List of Endangered and Destruction, Modification, or areas near DBNF and user-defined trails, Threatened Species. ‘‘Species’’ is Curtailment of Its Habitat or Range generally have suffered more severe defined by the Act as including any The final rule to list S. albopilosa as habitat disturbance and trampling. Site species or subspecies of fish or wildlife protection and habitat management threatened (53 FR 11612, April 7, 1988) or plants, and any distinct vertebrate efforts by DBNF, working cooperatively identified the following habitat threats: population segment of fish or wildlife with KSNPC and the Service, have ground disturbance and trampling that interbreeds when mature (16 U.S.C. helped to reduce the magnitude of associated with unlawful archaeological 1532(16)). Once the ‘‘species’’ is threats at these sites. These occurrences activities and recreational activities determined, we then evaluate whether have benefited from their location on such as camping, hiking, and rock that species may be an endangered the DBNF and management and climbing. The species occupies a scenic species or a threatened species because protective actions provided under and unique geological area that is of one or more of the five factors DBNF’s LRMP (USFS 2004, pp. 1.1– heavily visited by hikers, campers, rock- described in section 4(a)(1) of the Act. 1.10), which prevents general land We must consider these same five climbers, and other nature enthusiasts. disturbance and prohibits or limits factors in reclassifying or delisting a The U.S. Forest Service estimates logging and other DBNF activities near species. We may delist a species recreational use of the Red River Gorge cliffline habitats. The LRMP also according to 50 CFR 424.11(d) if the best at approximately 500,000 visitor days protects rock shelters from vandalism available scientific and commercial data per year (Taylor pers. comm. 2013). and forbids removal of threatened and indicate that the species is neither Recreational activities such as camping, endangered species from these areas. endangered nor threatened for the hiking, and rock climbing pose a threat The DBNF monitors these sites and following reasons: (1) The species is to the species through inadvertent protects them as needed through law extinct; (2) the species has recovered trampling and ground disturbance of S. enforcement efforts, construction of and is no longer endangered or albopilosa habitats. Evidence of fences, trail diversion, and placement of threatened; and/or (3) the original trampling and ground disturbance signs. To protect occurrences from scientific data used at the time the within rock shelters has been observed trampling, fire-building, and digging, species was classified was in error. repeatedly by KSNPC and DBNF signs have been posted at all entry Under section 3 of the Act, a species personnel (KSNPC 2010, pp. 13–14). points to the Red River Gorge asking is an ‘‘endangered species’’ if it is in Habitat disturbance and trampling visitors not to remove or disturb danger of extinction throughout all or a associated with recreational activities historical resources and providing ‘‘significant portion of its range’’ and is (camping, hiking, and rock climbing) visitors with biological and status a ‘‘threatened species’’ if it is likely to and archaeological looting have posed a information on S. albopilosa. Similar become endangered within the significant threat to the species. The Red signs were also placed inside at least foreseeable future throughout all or a River Gorge is a popular recreational five archaeologically significant rock ‘‘significant portion of its range.’’ The area (Taylor pers. comm. 2013). Use of shelters that contained S. albopilosa. word ‘‘range’’ in the phrase ‘‘significant rock shelters and cliff lines by campers, Beginning in February 2000, DBNF portion of its range’’ (SPR) phrase refers hikers, and rock climbers has began to redirect trails and install to the range in which the species contributed to physical habitat fencing (chicken wire) around selected currently exists, and the word disturbance and has led to trampling of rock shelters (those with greatest ‘‘significant’’ refers to the value of that plants in rock shelters (Service 1993, p. visitation) containing S. albopilosa. portion of the range being considered to 7; White and Drozda 2006, pp. 124–125; Signs were also placed at these shelters, the conservation of the species. The KSNPC 2010, pp. 13–14). In addition to alerting visitors to the presence of the ‘‘foreseeable future’’ is the period of habitat disturbance caused by species and warning them against time over which events or effects recreationists, the presence of Native potential damage to plants. Signs and/ reasonably can or should be anticipated American artifacts within the Red River or fencing were placed and have been or trends extrapolated. A recovered Gorge has contributed to digging and maintained at a total of 21 occurrences, species is one that no longer meets the archaeological looting in S. albopilosa and DBNF personnel continue to visit Act’s definition of a threatened or habitats (rock shelters). Approximately these sites annually, checking the endangered species. Determining 18 white-haired goldenrod occurrences condition of signs and fencing and whether or not a species is recovered have been extirpated due to human making repairs as needed. requires consideration of the same five activities, and many heavily visited rock Monitoring results show that categories of threats specified in section shelters have been modified to the point implementation of DBNF’s LRMP and

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the completion of additional occurrences have been ranked as caterpillars (Order Lepidoptera), but we conservation actions such as fencing ‘‘stable,’’ and five of the six are have no information that grazing by and sign placement have had a positive considered to be self-sustaining (A-, these species represents a threat to the effect on the species, the number of B-, or C-rank) (KSNPC 2010, p. 8). While species. In addition, we have no current stems has increased, and the level of these occurrences potentially could face data indicating this plant is affected by habitat disturbance and trampling a greater level of threats, they currently diseases. associated with recreational activities do not appear to be facing a greater level Factor D. The Inadequacy of Existing has been reduced (KSNPC 2010, entire). of impact, and they represent a small Regulatory Mechanisms Of the 21 occurrences on the DBNF proportion (five percent) of the overall where fencing and signs were added, 20 population of the species. Populations of S. albopilosa on the are considered to be stable, and the 1 Summary of Factor A: Impacts DBNF are protected from damage and declining occurrence will be protected associated with archaeological looting unauthorized taking by U.S. Forest through expanded fencing. Additional and recreational activities have been Service regulations (36 CFR 261.9). This evidence that these conservation efforts well documented in the past, but regulation will apply regardless of have improved the status of S. current monitoring data suggest that the whether the species is listed because S. albopilosa occurrences on the DBNF is magnitude of these threats has albopilosa would still be considered a the large number of stable occurrences sufficiently decreased. Implementation sensitive, rare, or unique species on the (75) and the relatively high number of of the DBNF’s LRMP and specific DBNF under this Federal regulation. secure, self-sustaining occurrences (46) conservation actions such as fencing The final listing rule (53 FR 11612, observed by DBNF, KSNPC, and the and sign placement have had a positive April 7, 1988) identified inadequate Service. The 46 secure, self-sustaining effect on the species and have reduced regulatory mechanisms as a threat to S. occurrences exceed the number the threat associated with recreational albopilosa because limited manpower identified in the recovery criteria to disturbance. The recovery goal of 40 and the remoteness of many occurrences allow consideration of delisting. stable, self-sustaining, protected on the DBNF makes enforcement Additional evidence that conservation occurrences has been exceeded by 6, difficult. The DBNF has taken several actions have had a positive effect on the and these trends have held for more steps to remedy this. As noted above, S. species is the relatively low recreational than 10 years. Because we expect that albopilosa receives management and impacts observed by KSNPC (2010, pp. the lands containing the 46 secure and protection through DBNF’s Land and 13–14) at the majority of DBNF self-sustaining occurrences will remain Resource Management Plan (LRMP) and occurrences. Recreational impacts have permanently protected in Federal its conservation goals for Cliffline been assessed by KSNPC since the mid- ownership and will be managed to Community Prescription Area. The 1990s (White and Drozda 2006, pp. 124– maintain or improve current habitat National Forest Management Act 125; KSNPC 2010, pp. 13–14). Their conditions (see Service 2014b, entire), (NFMA), regulations, and policies qualitative ranking scheme estimates the we find that the present or threatened implementing the NFMA are the main percent disturbance of available habitat destruction, modification, or regulatory mechanisms that guide land and uses a scale of 1 (little or no impact) curtailment of its habitat or range is no management on the DBNF, which to 5 (high impact, greater than 50 longer a threat to the continued contains 111 of the 117 extant percent of available habitat disturbed) to existence of S. albopilosa. occurrences of S. albopilosa. Since produce a disturbance rank. Based on listing, the DBNF has included S. recent evaluations by KSNPC (KSNPC Factor B. Overutilization for albopilosa and its habitat in its resource 2010, entire; Service 2014a, entire), 70 Commercial, Recreational, Scientific, or management plans. These plans are occurrences (60 percent) are classified Educational Purposes required by NFMA and the Federal as low impact (rank of 1–2), 8 Both the final rule to list S. albopilosa Land Policy and Management Act of occurrences (7 percent) are classified as as threatened (53 FR 11612, April 7, 1976. The NFMA requires revision of medium impact (rank of 3), and 39 1988) and the recovery plan (Service the Plans every 15 years; however, plans occurrences (33 percent) are classified 1993, p. 7) identified overutilization for may be amended or revised as needed. as high impact (rank of 4–5). Overall, 67 recreational purposes as a threat to the Management plans are required to be in percent of DBNF’s occurrences are species. However, while the use of effect at all times (in other words, if the considered to have low to medium habitat for recreational purposes, as revision does not occur, the previous recreational impacts. KSNPC (2010, p. discussed under Factor A, has impacted plan remains in effect) and to be in 14) also noted that they did not observe the species in the past, there is no compliance with various Federal many new recreational impacts during evidence that the plant itself is or was regulations. We expect continued their surveys in 2008 and 2009. Most of utilized for commercial, recreational, implementation of the LRMP and expect the documented recreational impacts scientific, or educational purposes. We, that any future revisions will consider such as established trails, permanent therefore, discuss impacts from conservation of S. albopilosa and its structures within rock shelters (couches, recreational use of habitat for S. Cliffline Community habitats. chairs, fire pits), and camp sites had albopilosa under Factor A above. Specific actions that DBNF has taken been in place since before S. albopilosa Summary of Factor B: We conclude under the LRMP include measures to monitoring began in 1996 (KSNPC 2010, that overutilization is not a threat to S. reduce impacts of recreational activities p. 14). albopilosa. to S. albopilosa and its habitat as The six occurrences on privately discussed under Factor A. As discussed owned lands currently do not benefit Factor C. Disease or Predation above, these and other protection and from any formal protection or The listing rule for S. albopilosa (53 management actions taken by DBNF management and, therefore, could face FR 11612, April 7, 1988) did not under their LRMP (USFS 2004, pp. 1.1– higher magnitude threats (e.g., habitat identify disease or predation as a threat 1.10) have been successful at improving disturbance) than those located on the to the species. Plants are occasionally the status of the species. Monitoring DBNF. However, based on the most browsed by herbivores, such as white- results from these occurrences show recent range-wide survey results by tailed deer (Odocoileus virginianus), that these efforts have had a positive KSNPC, all six of these private wood rats (Neotoma spp.), and effect on the species. Specifically,

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disturbance from trampling, camping, At the time, these potential changes goldenrod because it has the potential to and rock climbing has been reduced in were not considered to be an imminent severely damage stands of eastern these areas, and the number of stems threat to white-haired goldenrod, but hemlocks (Tsuga canadensis) that occur has increased. the final listing rule identified the need near rock shelters and cliffs occupied by The species is listed as endangered by for management planning that would the species (Service 2009b, p. 2; KSNPC the State of Kentucky (KSNPC 2005, take into account the requirements of 2010, p. 15). The hemlock woolly entire), but this designation conveys no the species to ensure its continued adelgid was introduced in the Pacific legal protection to occurrences located existence. Northwest during the 1920s and has on private property. Consequently, Recent surveys and status assessments since spread throughout the eastern occurrences on privately owned land of white-haired goldenrod have United States, reaching Kentucky by could face higher magnitude threats identified several threats under Factor 2006. The species creates an extreme (e.g., habitat disturbance) than those E. These included competition from amount of damage to natural stands of located on the DBNF. Based on recent invasive plants, the loss of eastern hemlock, specifically eastern hemlock survey results by KSNPC, however, only hemlock (Tsuga canadensis), low and Carolina hemlock (Tsuga 6 of 117 extant S. albopilosa genetic diversity and small population caroliniana). The species’ recovery occurrences (5 percent) are located on size, and the effects of climate change action plan (Service 2009b, p. 2) private land, and 5 of these occurrences (Service 2009a, p. 9; Service 2009b, p. concluded that the loss of eastern have been ranked as ‘‘stable’’ (A-, B-, or 2; KSNPC 2010, pp. 13–14). KSNPC hemlock within the Red River Gorge C-rank) by KSNPC (KSNPC 2010, p. 8). (2010, p. 14) reported several invasive could result in microclimatic changes Therefore, based on this greater than 10- plant species in habitats occupied by (increased light, decreased moisture, year data set, the majority of private white-haired goldenrod, but the most increased leaf litter) in and near rock occurrences are also stable. common species included Japanese stilt shelters that may negatively affect Summary of Factor D: Occurrences of grass (), white-haired goldenrod. Despite this S. albopilosa located on the DBNF princess tree (Paulownia tomentosa), potential threat, KSNPC (2010, p. 15) receive protection due to their location Japanese spiraea (Spiraea japonica), demonstrated in their evaluation that on Federal property, and these common chickweed (Stellaria media), eastern hemlock was actually a minor occurrences are managed and protected and common mullein (Verbascum component of the canopy surrounding under DBNF’s LRMP (USFS 2004, pp. thapsus). Of the invasive plant species, rock shelters inhabited by the species. 1.1–1.10). This protected status and Japanese stilt grass was the most Consequently, the eventual loss of management actions included in the common species. It was observed eastern hemlocks would not represent a LRMP will continue to provide adequate growing in direct competition with 23 S. significant change to the canopy regulatory protection for these albopilosa occurrences. However, surrounding these rock shelters and occurrences. Monitoring results show were absent from the would, therefore, not represent a that DBNF’s management actions have majority of extant occurrences (about 80 significant threat to the species. had a positive effect on the species. percent) of white-haired goldenrod and Potential impacts that may be Specifically, disturbance from most stable occurrences (65 percent) associated with low genetic variability, trampling, camping, and rock climbing (KSNPC 2010, p. 14; Service 2014a, pp. such as inbreeding depression, reduced has been reduced and the number of 1–6). For the 23 occurrences in direct fitness, or reduced adaptive capacity stems has stabilized or increased. Based competition with invasive plants, most (ability to respond to and adapt to on the best available information for (16 of 23 (70 percent)) were stable or changing conditions) have been both private and public lands increased over the 10-year monitoring identified as a potential threat to other occurrences, and the fact that existing period (KSNPC 2010, p. 14; Service listed plant species, but we have no regulatory mechanisms and associated 2014a, pp. 1–6). While we do not have information suggesting that low genetic management practices will continue on data that specifically addresses the variability affects S. albopilosa (53 FR public lands, we conclude that existing effects of climate change with regard to 11614; Service 2009a, entire; KSNPC regulatory mechanisms are adequate. invasive species attributes like 2010, 24 pp.). Esselman and Crawford Therefore, we find that the inadequacy distribution or range and the relation to (1997, pp. 245–257) reported that S. of existing regulatory mechanisms is no white haired goldenrod. There is some albopilosa exhibits genetic diversity longer a threat to S. albopilosa. data showing that more common both within and between populations Factor E. Other Natural or Manmade aggressive invasive species like kudzu (genetic diversity is widely spread (Pueraria lobata) may expand into among populations, and populations are Factors Affecting Its Continued greater ranges due to possible effects of not genetically homogenous). The Existence climate change (Bradley et al. 2009). highest level of genetic diversity was Other natural or manmade factors However, species like Japanese stilt observed among (as opposed to were first identified as a threat to white- grass are more recent invaders to this between) populations. Consequently, we haired goldenrod due to the species’ area of the Southeast and other than the do not believe that the potential effects specialized habitats (sandstone rock data presented above, we do not have associated with low genetic variability shelters and cliff habitats of the Red further information or data that threaten the continued existence of S. River Gorge) and the perceived indicates competition from invasive albopilosa now or in the foreseeable vulnerability of these habitats to any plants will change in significance as a future. physical or climatic change (52 FR threat to the species. Therefore, we do Some white-haired goldenrod 13798, 53 FR 11612). In the species’ not believe that competition from occurrences may be more vulnerable to final listing rule (53 FR 11612), invasive plants is a significant threat to extirpation due to their small published in 1988, the Service the species now or in the foreseeable population size and poor estimated concluded that even minor changes in future. viability. The low number of stems the surrounding forest (e.g., loss of The hemlock woolly adelgid (typically less than 300), poor estimated canopy trees) could impact the species (Adeleges tsugae), an aphid-like insect viability, and high recreational impacts through drying, erosion, and that is native to Asia, represents a associated with D-ranked occurrences competition with sun-tolerant species. potential threat to white-haired make these occurrences more vulnerable

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to stochastic events. Currently, 62 of the (Adler and Hostetler 2013, entire; loss in runoff, snowfall, and soil storage species’ 117 extant occurrences (53 http://www.usgs.gov/climate_landuse/ is primarily a result of higher maximum percent) are D-ranked. Even though clu_rd/nccv.asp). Initially, the viewer and minimum temperatures. The most these occurrences may be more was designed to provide information for dramatic shift is predicted for soil vulnerable to extirpation, the overall states and counties on projected storage, which will decrease threat to the species is minimal because temperature and precipitation through significantly between mid-May and late these occurrences contain less than 20 the 21st century. The viewer was November relative to 1950–2005. percent of the species’ total number of expanded in 2014 to provide Despite the slight increase in predicted stems. Additionally, a small population information on associated projected precipitation, the coincident warming size in and of itself is not indicative of changes in snowpack, soil moisture, means that habitats are unlikely to being in danger of extinction. Some runoff, and evaporative deficit for U.S. maintain their current moisture status. white-haired goldenrod occurrences states and counties and for USGS To evaluate the vulnerability of white- may have always had fewer plants in Hydrologic Units or watersheds as haired goldenrod to the effects of rock shelters with less favorable simulated by a simple water-balance climate change, we also utilized conditions (e.g., small size, drier model. The model provides a way to NatureServe’s Climate Change conditions). simulate the response of the water Vulnerability Index (CCVI) (Young et al. The Intergovernmental Panel on balance to changes in temperature and 2015, entire), a climate change model Climate Change (IPCC) concluded that precipitation in the climate models (30 that uses downscaled climate warming of the climate system is separate models developed by the predictions from tools such as Climate unequivocal (IPCC 2014, p. 3). Effects National Aeronautic and Space Wizard (Givertz et al. 2009, entire) and associated with changes in climate have Administration). Combining the climate combines these with readily available been observed including changes in data with the water balance data information about a species’ natural arctic temperatures and ice, widespread provides further insights into the history, distribution, and landscape changes in precipitation amounts, ocean potential for climate-driven change in circumstances to predict whether it will salinity, wind patterns and aspects of water resources. The viewer uses tools likely suffer a range contraction and/or extreme weather including droughts, such as climographs (plots of monthly population reductions due to the effects heavy precipitation, heat waves, and the averages); histograms showing the of climate change. The CCVI uses an intensity of tropical cyclones (IPCC distribution or spread of model Excel platform that allows users to enter 2014, p. 4). Species that are dependent simulations; monthly time series numerical or categorical, weighted on specialized habitat types, limited in spanning 1950–2099; and tables that distribution, or at the extreme periphery responses to a series of questions about summarize changes (and extremes) in risk factors related to species exposure of their range may be most susceptible temperature and precipitation during to the impacts of climate change (Byers and sensitivity to climate change. The these periods. The application also CCVI separates vulnerability into its two and Norris 2011, p. 17; Anacker and provides access to comprehensive, Leidholm 2012, p. 2). However, while primary components: a species’ three-page summary reports for states, exposure to changes in climate within a continued change is certain, the counties, and watersheds. magnitude and rate of change is particular assessment area and its unknown in many cases. The magnitude Using the NCCV and assuming the inherent sensitivity to the effects of and rate of change could be affected by more extreme Representative climate change. The tool gauges 20 many factors (e.g., circulation patterns), Concentration Pathways (RCP) scientifically documented factors and but we have no additional information greenhouse gas emission scenario indicators of these components, as well or data regarding these factors. There is (RCP8.5), in which greenhouse gas as documented responses to climate evidence that some terrestrial plant emissions continue to rise unchecked change where they exist. While the populations have been able to adapt and through the end of the century leading Index calculates anticipated increases or respond to changing climatic conditions to an equivalent radiative forcing of 8.5 declines in populations of individual (Franks et al. 2013, entire). Both plastic Watts per square meter, we calculated species, it also accommodates inherent (phenotypic change such as leaf size or projected annual mean changes for uncertainties about how species phenology) and evolutionary (shift in maximum temperature (+3.6 degrees respond within their ecological ° allelic frequencies) responses to changes Celsius ( C) (+6.5 degrees Fahrenheit contexts. The CCVI generated a ° in climate have been detected and both ( F)), precipitation (+0.02–0.03 cm/day vulnerability rating of ‘‘extremely ¥ 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 white-haired goldenrod will be features, and its unique hydrological To generate future climate projections subjected to higher maximum niche (humid, shaded rock shelters). In across the range of white-haired temperatures (annual mean increase of West Virginia, top risk factors for plants goldenrod, one tool we used was the 3.6 °C (6.5 °F)) and slightly higher included poor dispersal ability, natural National Climate Change Viewer precipitation (annual mean increase of and anthropogenic barriers to dispersal, (NCCV), a climate-visualization Web 0.02–0.03 cm/day (+0.008–0.012 in/ dependence on wetland habitats, site tool developed by the U.S. day)) relative to 1950–2005. Because the restriction to areas with unique geology, Geological Survey (USGS) that allows average annual increase in precipitation and genetic bottlenecks (Byers and the user to visualize climate projections is predicted to be only slightly higher, Norris 2011, p. 16). Although the model at the state, county, and watershed level the increased evaporative deficit and the suggested that white-haired goldenrod is

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greatly exposed and sensitive to climate biological and historical evidence to occurrences (16) have remained stable. change and could be adversely affected suggest that S. albopilosa is adapted to We do not expect the loss of eastern in future years, Anacker and Leidholm endure some of the potential effects of hemlock to have a significant impact on 2012 (pp. 16–17) note that there are also climate change, including more frequent the species because eastern hemlock is a number of weaknesses associated with droughts and an estimated 2.6–3.6 °C a minor component of the forest canopy the CCVI. (4.7–6.5 °F) increase in average annual surrounding S. albopilosa occurrences. The CCVI was used to assess the maximum temperature. Habitats within The potential effects of low genetic vulnerability of over 150 rare plant the Red River Gorge often experience diversity do not represent a threat as the species in California (Anacker and multiyear droughts, and S. albopilosa species has relatively high genetic Leidholm 2012, entire). However, occurrences can become stressed during diversity. Small populations may be several specific weaknesses were these periods. For example, the vulnerable to stochastic events, but identified: (1) It is weighted too heavily Cumberland Plateau region of Kentucky these occurrences contain only a small towards direct exposure to climate experienced a several-year drought prior proportion of the species’ total number change (projected changes to future to KSNPC’s 2008–2009 survey. These of stems. We do not consider climate temperature and precipitation dry conditions continued during 2008, change to be an imminent threat based conditions which have high levels of and KSNPC observed many drought- on the species’ current status, its uncertainties), (2) some important plant stressed occurrences. The following year demonstrated resiliency to periods of attributes are missing (mating system (2009) was relatively wet, and several of drought, and our uncertainty regarding and pollinator specificity), (3) it is very these drought stressed occurrences the species’ vulnerability to the effects difficult to complete scoring for a given quickly improved (KSNPC 2010, p. 13). of climate change. Based on all these species because some information is Despite this most recent dry period and factors, we find that other natural or simply lacking, and (4) some scoring others in the past, the species has manmade factors considered here are no guidelines are too simplistic (Anacker demonstrated a resiliency to prolonged longer a significant threat to S. and Leidholm (2012, pp. 16–17). They periods of drought. Although albopilosa. considered topographic complexity to downscaling models exist at the county Conclusion of the 5-Factor Analysis be a potential complementary factor in level (Alder and Hostetler 2013), we do assessing vulnerability to climate not have data at the proper scale (inside Under section 3 of the Act, a species change (Anacker and Leidholm 2012, rock shelters or in cliff overhangs) to is endangered if it is ‘‘in danger of pp. 12–16). Topographically complex determine, for example, how the species extinction throughout all or a significant areas, such as the Red River Gorge is affected by decreased relative portion of its range’’ and threatened if region, have been predicted to be less humidity during a drought year, but it is ‘‘likely to become endangered in the vulnerable to the effects of climate periodic drought may be a normal foreseeable future throughout all or a change (Anacker and Leidholm 2012, p. cyclical event needed to increase significant portion of its range.’’ We 15–16), so species such as white-haired production. The shaded, cooler, and have carefully assessed the best goldenrod may also be less vulnerable to more humid environment of rock scientific and commercial information such effects as compared to plants that shelters (Nieves and Day 2014, p. 7) and available regarding the threats faced by occur in areas with low topographic the topographic complexity of the Red S. albopilosa in developing this complexity. River Gorge region (Anacker and proposed rule. Based on the analysis Additionally, Phillips (2010, entire) Leidholm 2012, p. 15–16) may offer above and given the reduction in threats found that efforts to predict responses to some relief from drying and may and evidence that certain factors are not climate change and to interpret both contribute to the species’ ability to threats, we conclude that S. albopilosa modern and paleoclimate indicators are survive these conditions. does not currently meet the Act’s influenced by several levels of potential Although climate change is almost definition of a threatened species (it is amplifiers, which can either increase or certain to affect terrestrial habitats in the not likely to become endangered within exaggerate climate impacts, and/or Red River Gorge region of Kentucky the foreseeable future throughout all or filters, which reduce or mute impacts. (Adler and Hostetler 2013, entire), there a significant portion of its range). He notes that climate forcings (factors is uncertainty about the specific effects Significant Portion of the Range that drive or ‘‘force’’ the climate system of climate change on white-haired to change such as the energy output of goldenrod. Currently, we have no Having determined that S. albopilosa the sun, volcanic eruptions, or changes evidence that climate change effects is not in danger of extinction or likely in greenhouse gases) are partly mediated observed to date have had any adverse to become so throughout all of its range, by ecological, hydrological, and other impact on S. albopilosa or its habitats, we next consider whether there are any processes which may amplify or filter and we are uncertain about how significant portions of its range in which impacts on surface processes and predicted future changes in S. albopilosa is in danger of extinction landforms. For example, resistance or temperature, precipitation, and other or likely to become so. Under the Act resilience of geomorphic systems may factors will influence the species. and our implementing regulations, a minimize the effects of changes. Thus a However, we do not believe that climate species may warrant listing if it is in given geomorphic response to climate change represents an imminent threat danger of extinction or likely to become could represent amplification and/or now or in the foreseeable future. so throughout all or a significant portion filtering (Phillips 2010, p. 571). Due to Summary of Factor E: Other potential of its range. The Act defines white-haired goldenrod’s habitat threats such as minor vegetational ‘‘endangered species’’ as any species specificity in rock shelters and cliff changes in the surrounding forest, that is ‘‘in danger of extinction overhangs, it is our judgment that the competition with invasive species, low throughout all or a significant portion of effects of climate change are likely genetic variability, small population its range,’’ and ‘‘threatened species’’ as muted or diminished due to this size, and the effects of climate change any species that is ‘‘likely to become an species’ specific habitat conditions. have been identified as potential threats endangered species within the Based on observations of climatic to S. albopilosa. Invasive species have foreseeable future throughout all or a conditions over a period of 25 years invaded only 23 of 117 extant significant portion of its range.’’ The (KSNPC (2010, p. 13), there is some occurrences, and most of these term ‘‘species’’ includes ‘‘any

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subspecies of fish or wildlife or plants, portions in an infinite number of ways. the species is in danger of extinction or and any distinct population segment However, there is no purpose in likely to become so in the SPR. To [DPS] of any species of vertebrate fish or analyzing portions of the range that are determine whether a species is wildlife which interbreeds when not reasonably likely to be both endangered or threatened throughout an mature.’’ significant and endangered or SPR, we will use the same standards We published a final policy threatened. To identify only those and methodology that we use to interpreting the phrase ‘‘Significant portions that warrant further determine if a species is endangered or Portion of its Range’’ (SPR) (79 FR consideration, we determine whether threatened throughout its range. 37578; July 1, 2014). The final policy there is substantial information Depending on the biology of the states that (1) if a species is found to be indicating that (1) the portions may be species, its range, and the threats it endangered or threatened throughout a significant and (2) the species may be in faces, it may be more efficient to address significant portion of its range, the danger of extinction in those portions or the ‘‘significant’’ question first, or the entire species is listed as endangered or likely to become so within the status question first. Thus, if we threatened, respectively, and the Act’s foreseeable future. We emphasize that determine that a portion of the range is protections apply to all individuals of answering these questions in the not ‘‘significant,’’ we do not need to the species wherever found; (2) a affirmative is not a determination that determine whether the species is portion of the range of a species is the species is endangered or threatened endangered or threatened there; if we ‘‘significant’’ if the species is not throughout a significant portion of its determine that the species is not currently endangered or threatened range—rather, it is a step in determining endangered or threatened in a portion of throughout all of its range, but the whether a more detailed analysis of the its range, we do not need to determine portion’s contribution to the viability of issue is required. In practice, a key part if that portion is ‘‘significant.’’ the species is so important that, without of this analysis is whether the threats Applying the process described the members in that portion, the species are geographically concentrated in some above, in considering delisting S. would be in danger of extinction, or way. If the threats to the species are albopilosa, we evaluated the range of likely to become so in the foreseeable affecting it uniformly throughout its this plant to determine if any areas future, throughout all of its range; (3) range, no portion is likely to have a could be considered a significant the range of a species is considered to greater risk of extinction, and thus portion of its range. As mentioned be the general geographical area within would not warrant further above, one way to identify portions for which that species can be found at the consideration. Moreover, if any further analyses is to identify any time FWS makes any particular status concentration of threats apply only to natural divisions within the range that determination; and (4) if a vertebrate portions of the range that clearly do not might be of biological or conservation importance. While there is some species is endangered or threatened meet the biologically based definition of variability in the habitats occupied by S. throughout an SPR, and the population ‘‘significant’’ (i.e., the loss of that albopilosa across its range, the basic in that significant portion is a valid portion clearly would not be expected to ecological components required for the DPS, we will list the DPS rather than the increase the vulnerability to extinction species to complete its life cycle (e.g., entire taxonomic species or subspecies. of the entire species), those portions The SPR policy is applied to all status adequate sunlight, shade, moisture, will not warrant further consideration. determinations, including analyses for soils) are present throughout the the purposes of making listing, If we identify any portions that may habitats occupied by the species. No delisting, and reclassification be both (1) significant and (2) in danger specific location within the current determinations. The procedure for of extinction or likely to become so, we range of the species provides a unique analyzing whether any portion is an engage in a more detailed analysis to or biologically significant function that SPR is similar, regardless of the type of determine whether these standards are is not found in other portions of the status determination we are making. indeed met. As discussed above, to range. The currently occupied range of The first step in our analysis of the determine whether a portion of the S. albopilosa encompasses status of a species is to determine its range of a species is significant, we approximately 114 square kilometer status throughout all of its range. If we consider whether, under a hypothetical (km2) (44 square miles) in Menifee, determine that the species is in danger scenario, the portion’s contribution to Powell, and Wolfe Counties, Kentucky. of extinction, or likely to become so in the viability of the species is so Based on examination of information on the foreseeable future, throughout all of important that, without the members in the biology and life history of the its range, we list the species as an that portion, the species would be in species, we determined that there are no endangered species (or threatened danger of extinction or likely to become separate areas of the range that are species) and no SPR analysis will be so in the foreseeable future throughout significantly different from others or required. If the species is neither in all of its range. This analysis will that are likely to be of greater biological danger of extinction nor likely to consider the contribution of that portion or conservation importance than any become so throughout all of its range, to the viability of the species based on other areas. we next determine whether the species principles of conservation biology. The We next examined whether any is in danger of extinction or likely to contribution is evaluated using the threats are geographically concentrated become so throughout a significant concepts of redundancy, resiliency, and in some way that would indicate the portion of its range. If it is, we list the representation. (These concepts can species could be in danger of extinction, species as an endangered species or similarly be expressed in terms of or likely to become so, in that area. threatened species, respectively; if it is abundance, spatial distribution, Through our review of potential threats, not, we conclude that listing the species productivity, and diversity.) The we identified some areas where white- is not warranted. identification of an SPR does not create haired goldenrod may experience When we conduct an SPR analysis, a presumption, prejudgment, or other greater threats or a greater likelihood of we first identify any portions of the determination as to whether the species extirpation and, therefore, may be in species’ range that warrant further in that identified SPR is endangered or danger of extinction or likely to become consideration. The range of a species threatened. We must go through a so in those areas. These include can theoretically be divided into separate analysis to determine whether occurrences on private lands and

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occurrences that are not currently threats affecting the 46 secure, self- Post-Delisting Monitoring considered self-sustaining. The majority sustaining occurrences. Section 4(g)(1) of the Act requires us Because these 46 occurrences exhibit (94.8 percent) of white-haired goldenrod to monitor for not less than 5 years the stable or increasing trends, contain a occurrences are now located on DBNF status of all species that are delisted due relatively high number of individuals, and benefit from management and to recovery. Post-delisting monitoring have fair to excellent viability, and conservation actions implemented refers to activities undertaken to verify exhibit relatively high reproductive under the LRMP. that a species delisted due to recovery rates, we expect these populations to Six of the 117 extant occurrences are remains secure from the risk of persist into the future. While most of the located on private lands. As explained extinction after the protections of the remaining occurrences also receive above, these occurrences currently do Act no longer apply. The primary goal protections and are not at immediate not benefit from any formal protection of post-delisting monitoring is to or management and, therefore, could risk of extirpation, their lower population sizes and poorer viability monitor the species to ensure that its face higher magnitude threats. While status does not deteriorate, and if a these occurrences do not receive any put them at a greater risk of extirpation. However, while these occurrences may decline is detected, to take measures to formal protection, five of the six halt the decline so that proposing it as occurrences are considered to be stable have a greater potential to become extirpated due to demographic or threatened or endangered is not again and self-sustaining, indicating a low needed. If at any time during the level of current impacts to those environmental stochasticity, the loss of some or all of those occurrences would monitoring period, data indicate that occurrences. Although the occurrences protective status under the Act should on private lands could face greater not cause the species in the remainder of its range to be in danger of extinction be reinstated, we can initiate listing threats in the future due to lack of procedures, including, if appropriate, formal protections, these occurrences or likely to become so. In conclusion, we have determined emergency listing. At the conclusion of represent only 5 percent of extant the monitoring period, we will review occurrences and a very small proportion that none of the existing or potential threats, either alone or in combination all available information to determine if of the range of the species. Additionally, with others, are likely to cause S. relisting, the continuation of even if future potential threats were to albopilosa to be in danger of extinction monitoring, or the termination of cause the loss of these occurrences, that throughout all or a significant portion of monitoring is appropriate. loss would not appreciably reduce the its range, nor is it likely to become Section 4(g) of the Act explicitly long-term viability of the species, much endangered within the foreseeable requires cooperation with the States in less cause the species in the remainder future throughout all or a significant development and implementation of of its range to be in danger of extinction portion of its range. On the basis of this post-delisting monitoring programs, but or likely to become so. evaluation, we conclude S. albopilosa we remain responsible for compliance We also evaluated whether the no longer requires the protection of the with section 4(g) and, therefore, must occurrences that are not considered self- Act, and propose to remove S. remain actively engaged in all phases of sustaining could be considered a albopilosa from the Federal List of post-delisting monitoring. We also seek significant portion of the species’ range. Endangered and Threatened Plants (50 active participation of other entities that We have determined that 46 secure and CFR 17.12 (h)). are expected to assume responsibilities self-sustaining occurrences presently are for the species’ conservation after distributed throughout the species’ Effects of This Proposed Rule delisting. In August 2013, DBNF and range, which accounted for more than The Act and its implementing KSNPC agreed to be cooperators in the 75 percent of the total stems estimated regulations set forth a series of general post-delisting monitoring of S. to exist in 2013. Of the remaining 71 prohibitions and exceptions that apply albopilosa. extant occurrences, the 6 occurrences on to all endangered plants. The We have prepared a Draft Post- private lands are not considered secure prohibitions under section 9(a)(2) of the Delisting Monitoring Plan for White- (but all 6 have been shown to be stable Act make it illegal for any person haired Goldenrod (Solidago albopilosa) and 5 have been shown to be self- subject to the jurisdiction of the United (Plan) (Service 2014b, entire). The draft sustaining). These occurrences were States to import or export, transport in Plan: discussed above. interstate or foreign commerce in the (1) Summarizes the species’ status at The remaining 65 occurrences are on course of a commercial activity, sell or the time of delisting; DBNF, and thus protected, but currently offer for sale in interstate or foreign (2) Defines thresholds or triggers for are not considered self-sustaining. Some commerce, remove and reduce S. potential monitoring outcomes and of these occurrences have a status of albopilosa to possession from areas conclusions; declining or their status is unknown, under Federal jurisdiction, or remove, (3) Lays out frequency and duration of while others are considered not self- cut, dig up, or damage or destroy S. monitoring; sustaining primarily due to poor albopilosa on any other area in knowing (4) Articulates monitoring methods estimated viability and low number of violation of any State law or regulation including sampling considerations; plants observed. These occurrences such as a trespass law. Section 7 of the (5) Outlines data compilation and could be at greater risk of extinction due Act requires that Federal agencies reporting procedures and to vulnerability to demographic and consult with us to ensure that any responsibilities; and environmental stochasticity because of action authorized, funded, or carried out (6) Proposes a post-delisting their smaller population sizes. These 65 by them is not likely to jeopardize the monitoring implementation schedule occurrences, along with the 6 species’ continued existence. If this including timing and responsible occurrences on private lands, account proposed rule is finalized, it would parties. for the remaining 25 percent of the total revise 50 CFR 17.12 to remove (delist) Concurrent with this proposed stems estimated to exist in 2013. The S. albopilosa from the Federal List of delisting rule, we announce the draft threats to these occurrences from Endangered and Threatened Plants and plan’s availability for public review. recreational activities are being these prohibitions would no longer The draft post-delisting monitoring plan managed and are not different from the apply. can be viewed in its entirety at http://

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www.fws.gov/frankfort/ or at http:// Presidential Memorandum of June 1, with Native American Tribal www.regulations.gov under Docket No. 1998, to write all rules in plain Governments’’ (59 FR 22951), Executive FWS–R4–ES–2014–0054. Copies can language. This means that each rule we Order 13175, and the Department of the also be obtained from the U.S. Fish and publish must: Interior’s manual at 512 DM 2, we Wildlife Service, Kentucky Ecological (a) Be logically organized; readily acknowledge our responsibility Services Field Office, Frankfort, (b) Use the active voice to address to communicate meaningfully with Kentucky (see FOR FURTHER INFORMATION readers directly; recognized Federal Tribes on a CONTACT). We seek information, data, (c) Use clear language rather than government-to-government basis. We and comments from the public jargon; have determined that there are no tribal regarding S. albopilosa and the post- (d) Be divided into short sections and lands affected by this proposal. delisting monitoring strategy. We are sentences; and also seeking peer review of this draft (e) Use lists and tables wherever References Cited plan concurrently with this comment possible. period. We anticipate finalizing this If you feel that we have not met these A complete list of references cited is plan, considering all public and peer requirements, send us comments by one available on http://www.regulations.gov review comments, prior to making a of the methods listed in ADDRESSES. To under Docket Number FWS–R4–ES– final determination on the proposed better help us revise the rule, your 2014–0054. delisting rule. comments should be as specific as Author Peer Review possible. For example, you should tell us the numbers of the sections or The primary author of this document In accordance with our policy paragraphs that are unclearly written, is Michael A. Floyd, Kentucky Field published in the Federal Register on which sections or sentences are too FOR FURTHER INFORMATION July 1, 1994 (59 FR 34270), and the Office (see long, the sections where you feel lists or CONTACT). OMB’s Final Information Quality tables would be useful, etc. Bulletin for Peer Review, dated List of Subjects in 50 CFR Part 17 December 16, 2004, we will solicit the Required Determinations Endangered and threatened species, expert opinions of at least three Paperwork Reduction Act of 1995 appropriate and independent specialists Exports, Imports, Reporting and regarding the science in this proposed This proposed/final rule does not recordkeeping requirements, and rule and the draft post-delisting contain collections of information that Transportation. monitoring plan. The purpose of such require approval by the Office of review is to ensure that we base our Management and Budget (OMB) under Proposed Regulation Promulgation the Paperwork Reduction Act of 1995 decisions on scientifically sound data, Accordingly, we propose to amend assumptions, and analyses. We will (44 U.S.C. 3501 et seq.). We may not part 17, subchapter B of chapter I, title send peer reviewers copies of this conduct or sponsor and you are not 50 of the Code of Federal Regulations, proposed rule and the draft post- required to respond to a collection of delisting monitoring plan immediately information unless it displays a as set forth below: currently valid OMB control number. following publication of the proposed PART 17—[AMENDED] rule in the Federal Register. We will National Environmental Policy Act invite peer reviewers to comment, ■ during the public comment period, on We have determined that we do not 1. The authority citation for part 17 the specific assumptions and need to prepare an Environmental continues to read as follows: conclusions regarding the proposed Assessment or Environmental Impact Authority: 16 U.S.C. 1361–1407; 1531– delisting and draft post-delisting Statement, as defined in the National 1544; 4201–4245; unless otherwise noted. monitoring plan. We will summarize the Environmental Policy Act of 1969 (42 opinions of these reviewers in the final U.S.C. 4321 et seq.), in connection with § 17.12 [Amended] decision documents, and we will regulations adopted pursuant to section ■ 2. Amend § 17.12(h) by removing the consider their input and any additional 4(a) of the Endangered Species Act. We entry ‘‘Solidago albopilosa’’ under published a notice outlining our reasons information we receive as part of our ‘‘FLOWERING PLANTS’’ from the List for this determination in the Federal process of making a final decision on of Endangered and Threatened Plants. this proposal and the draft post- Register on October 25, 1983 (48 FR delisting monitoring plan. Such 49244). Dated: June 30, 2015. communication may lead to a final Government-to-Government Cynthia T. Martinez, decision that differs from this proposal. Relationship With Tribes Acting Director, U.S. Fish and Wildlife Clarity of This Proposed Rule Service. In accordance with the President’s [FR Doc. 2015–21410 Filed 8–31–15; 8:45 am] We are required by Executive Orders memorandum of April 29, 1994, 12866 and 12988 and by the ‘‘Government-to-Government Relations BILLING CODE 4310–55–P

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