[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Proposed Rules]
[Pages 66018-66021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27372]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2011-0084; 92220-1113-0000; ABC Code: C6]
RIN 1018-AH53
Endangered and Threatened Wildlife and Plants; Delisting of the
Plant Frankenia johnstonii (Johnston's frankenia)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of document availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), notify the
public that we are reopening the comment period on the May 22, 2003,
proposed rule to remove the plant Frankenia johnstonii (Johnston's
frankenia) from the List of Endangered and Threatened Plants (List)
under the Endangered Species Act of 1973, as amended (Act). Comments
submitted during the 2003 comment period will be considered and do not
need to be resubmitted now. However, we invite comments on the new
information presented in this announcement relevant to our
consideration of the status of F. johnstonii. We encourage those who
may have commented previously to submit additional comments, if
appropriate, in light of this new information. We are also making
available for public review the Draft Post-Delisting Monitoring Plan
for F. johnstonii.
DATES: To ensure that we are able to consider your comments and
information, we request that we receive them no later than December 27,
2011. Please note that, if you are using the Federal eRulemaking Portal
(see ADDRESSES, below), the deadline for submitting an electronic
comment is Eastern Standard Time on this date. We may not be able to
address or incorporate information that we receive after the above
requested date. We must receive requests for public hearings, in
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by
December 9, 2011.
ADDRESSES: Electronic copies of the 2003 proposed delisting of the
plant Frankenia johnstonii (Johnston's frankenia), comments received on
that proposal, and the Draft Post-Delisting Monitoring Plan for
Frankenia johnstonii can be obtained from the Web sites http://www.regulations.gov or http://www.fws.gov/southwest/es/Library/. Also,
you may submit comments and information by one of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov. In
the box that reads ``Enter Keyword or ID,'' enter the Docket number for
this finding, which is FWS-R2-ES-2011-0084 . Choose the Action that
reads ``Submit a Comment.'' Please ensure that you have found the
correct rulemaking before submitting your comment.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R2-ES-2011-0084; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, MS
2042-PDM; Arlington, VA 22203.
We will post all comments and information we receive on http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more details).
FOR FURTHER INFORMATION CONTACT: Michelle Shaughnessy, Assistant
Regional Director, Ecological Services, Southwest Regional Office, P.O.
Box 1306, Albuquerque, NM 87103, by telephone (505-248-6671), or by
facsimile (505-248-6788). If you use a telecommunications device for
the deaf (TDD), please call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
Frankenia johnstonii was listed August 7, 1984 (49 FR 31418), as an
endangered species under the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq.). At the time F. johnstonii was listed, we
determined that designation of critical habitat was not prudent because
if localities were published in the Federal Register, the species might
be additionally threatened by taking and vandalism. A recovery plan was
completed for F. johnstonii in 1988 (http://ecos.fws.gov/docs/recovery_plan/880524.pdf), but it did not quantify criteria for
downlisting or delisting due to a lack of knowledge about the species
(Service 1988, p. 14). Threats identified in the recovery plan were the
small number of individuals, the restricted distribution, the low
reproductive potential, and the impacts of heavy grazing and land
management practices, such as road construction or maintenance and
bulldozing of woody vegetation (Service 1988, p. 11).
Since the recovery plan was completed, our knowledge of F.
johnstonii has greatly increased. Based on what we learned about the
species' known range, the number of newly discovered populations, the
life history requirements of this species, clarification of the degrees
of threats, and the protection offered by several landowners who
control those populations, we proposed delisting the F. johnstonii on
May 22, 2003 (68 FR 27961), due to recovery. Please see the May 22,
2003 (68 FR 27961), proposed delisting rule (also posted on our Web
sites) for a detailed analysis of factors affecting the species.
Because of the amount of time that has lapsed since the 2003 delisting
proposal, we are reopening the public comment period for that proposal,
and inviting comment on new information presented in this announcement
as well as on the draft post-delisting monitoring plan for Johnston's
frankenia (Frankenia johnstonii).
Background
In this document, we will only discuss new information pertinent to
the proposed delisting of Frankenia johnstonii. For a more detailed
description of F. johnstonii, its current status and its threats,
please refer to the May 23, 2003, proposed rule to delist the species
(68 FR 27961 and posted on our Web sites with this docket; see
ADDRESSES above) and the recovery plan (http://ecos.fws.gov/docs/recovery_plan/880524.pdf).
At the time of listing F. johnstonii, 5 populations were known, 4
in Texas and 1 in Mexico, and the total number of individual plants was
estimated to be approximately 1,500. Threats to the species at the time
of listing were considered to be small number of plants, their
restricted distribution, the impacts of grazing on them, and low
reproductive potential (49 FR 31418).
The May 22, 2003 (68 FR 27961), proposal to remove Frankenia
johnstonii from the List of Endangered and Threatened Plants was based
on results of field work conducted between 1993 and 1999 that included
extensive population surveys, landowner
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outreach, and biological and ecological research. The culmination of
these efforts showed F. johnstonii to be much more widespread and
abundant than was known at the time of listing (Janssen 1999, pp. 5-
160). Research results also helped to alleviate concerns about threats
associated with the species' low reproductive potential and competition
from nonnative, invasive grasses (Janssen 1999, pp. 161-166, 208-212).
In addition, the Texas Parks and Wildlife Department had already
negotiated signed, voluntary conservation agreements with private
landowners that helped to ensure habitat integrity for a number of the
populations into the future. Since 2003 several other landowners have
signed agreements as well.
Frankenia johnstonii is endemic to Webb, Zapata, and Starr Counties
in southern Texas and an adjacent area in northeastern Mexico. The
range of F. johnstonii in Texas is currently estimated at approximately
2,031 square miles (5,260 square kilometers), extending from
northwestern Webb County on the north, to central Starr County at the
species' most southern distribution point (Janssen 1999, p. 4; Price et
al. 2006, pp. 2-3). The results of status surveys have dramatically
increased the known numbers of individual plants, from approximately
1,500 at the time of listing in 1984 to greater than 4 million in 1999
(Janssen 1999, pp. 5-160). Based on earlier reviews of Janssen's 1999
data, we initially estimated the number of individuals around 9 million
and stated this in the 2003 proposed rule (68 FR 27961). However, after
more thorough review of Janssen's 1999 data, we estimate the number of
individual plants to have been greater than 4 million at that time
(Janssen 1999, pp. 5-160). In addition, 58 U.S. populations were
reported in 1999 (Janssen 1999, p. 8). Additional populations have been
discovered subsequently.
For a summary of factors affecting the species, please refer to the
May 23, 2003, proposed rule to delist the species (68 FR 27961). We
conclude that new data have clarified the significance of threats to
the species, and several large populations are now covered under signed
voluntary conservation agreements with Texas Parks and Wildlife
Department or under conservation management agreements between the
landowner and the Nature Conservancy of Texas. Taken together this
information leads to the conclusion that the potential impacts due to
destruction or modification of habitat are significantly reduced. After
reviewing the status of the species, we determine that the species is
not in danger of extinction throughout all or a significant portion of
its range, nor is it likely to become in danger of extinction within
the foreseeable future throughout all or a significant portion of its
range.
During the comment period following the May 23, 2003, proposed rule
to delist the species (68 FR 27961), we received comments from four
independent biologists with expertise in the ecology of Frankenia
johnstonii. The comments from those peer reviewers will be considered
and incorporated as appropriate into our final determination on the
status of the species. In addition, we will also request peer review of
the draft post-delisting monitoring plan.
New Information
The majority of relevant information that has become available
since our 2003 proposal to delist Frankenia johnstonii has resulted
from additional surveys that documented new populations (Price et al.
2006, pp. 1-3; Janssen 2007, pers. comm.). From 2003 to 2006, Price et
al. (2006, pp. 1-3) surveyed for several rare south Texas plants,
including F. johnstonii. Additional F. johnstonii populations were
located in Webb, Zapata, and Starr Counties, Texas, although
measurements of these populations, including areal extent and numbers
of plants, were not collected (Price et al. 2006, p. 10 in Attachment B
and pp. 2-5 in Attachment C). Subsequently, G. Janssen conducted a 2007
survey on a ranch in southern Starr County, north of Escobares, where
new populations of F. johnstonii were documented (Janssen 2007, pers.
comm.). Also, The Nature Conservancy (TNC) conducted surveys on a Webb
County ranch (adjacent to the most northern known population) in 2007,
where new populations of F. johnstonii were also found (Janssen 2010,
pp. 5-6). Adding these newly documented populations to those described
in Janssen's 1999 report brings the total number of known populations
in Texas to approximately 84, depending on whether some occurrences
constitute separate populations or are instead scattered subpopulations
of one or more metapopulations.
Beyond documenting new populations, climate change was not analyzed
in the 2003 proposal to delist. Although climate change may be a
concern for many sensitive species, we do not believe it will have much
of an impact on Frankenia johnstonii either now or into the foreseeable
future. According to the Intergovernmental Panel on Climate Change
(IPCC 2007, p. 5), ``Warming of the climate system is unequivocal, as
is now evident from observations of increases in global average air and
ocean temperatures, widespread melting of snow and ice, and rising
global average sea level.'' The average Northern Hemisphere
temperatures during the second half of the 20th century were very
likely higher than during any other 50-year period in the last 500
years and likely the highest in at least the past 1,300 years (IPCC
2007, p. 5). It is very likely that over the past 50 years, cold days,
cold nights, and frosts have become less frequent over most land areas,
and hot days and hot nights have become more frequent (IPCC 2007, p.
8). Data suggest that heat waves are occurring more often over most
land areas, and the frequency of heavy precipitation events has
increased over most areas (IPCC 2007, pp. 8, 15). The IPCC (2007, pp.
12, 13) predicts that changes in the global climate system during the
21st century will very likely be larger than those observed during the
20th century. For the next 2 decades a warming of about 0.2 [deg]C (0.4
[deg]F) per decade is projected (IPCC 2007, p. 12).
In addition, Seager et al. (2007, p. 1181) showed that there is a
broad consensus among climate models that southwestern North America
will get drier in the 21st century and that the transition to a more
arid climate is already under way. Only 1 of 19 models has a trend
toward a wetter climate in the Southwest (Seager et al. 2007, p. 1181).
A total of 49 projections were created using the 19 models, and all but
3 predicted a shift to increasing aridity (dryness) in the Southwest as
early as 2021 to 2040 (Seager et al. 2007, p. 1181). These research
results indicate that southwestern North America can be expected to be
hotter and drier in the future.
Nevertheless, we believe that increasing global temperatures and
drought conditions will likely have little impact on Frankenia
johnstonii because this species is well adapted to the warm, arid
landscape of south Texas. In fact, it may be reasonable to assume that
climate change may actually benefit F. johnstonii by making the
landscape more arid, thus reducing competition with other less
physiologically adapted plants. However, we lack sufficient certainty
to know specifically how climate change will affect the species. We
have not identified, nor are we aware of, any data on an appropriate
scale to evaluate habitat or population trends for the F. johnstonii
within its range, or to make predictions on future trends and whether
the species will actually be impacted. We lack predictive local or
regional models on how climate change will specifically
[[Page 66020]]
affect the F. johnstonii or its habitat, and we have no certainty
regarding the timing, magnitude, or effects of impacts. Therefore,
based on the best available information, we do not consider climate
change to be a threat to the F. johnstonii now or in the foreseeable
future.
In summary, based on our analysis of the new information that has
become available since our original 2003 proposal to delist Frankenia
johnstonii, we continue to believe that the data supporting the
original classification were incomplete and that new data have
clarified the significance of threats to the species. Moreover, the
signing of voluntary conservation agreements or conservation management
agreements for a number of populations indicates landowner interest in
conservation of the species and their intent to protect the species and
its habitat has significantly reduced potential impacts due to
destruction or modification of habitat. After reviewing the status of
the species, we determine that the species is not in danger of
extinction throughout all or a significant portion of its range, nor is
it likely to become in danger of extinction within the foreseeable
future throughout all or a significant portion of its range.
Post-Delisting Monitoring Plan
Section 4(g)(1) of the Act requires us, in cooperation with the
States, to implement a monitoring program for not less than 5 years for
all species that have been recovered and delisted (50 CFR 17.11,
17.12). The purpose of this post-delisting monitoring (PDM) is to
verify that the species remains secure from risk of extinction after it
has been removed from the protections of the Act. The PDM is designed
to detect the failure of any delisted species to sustain itself without
the protective measures provided by the Act. If, at any time during the
monitoring period, data indicate that protective status under the Act
should be reinstated, we can initiate listing procedures, including, if
appropriate, emergency listing under section 4(b)(7) of the Act.
Section 4(g) of the Act explicitly requires cooperation with the States
in development and implementation of PDM programs, but we remain
responsible for compliance with section 4(g) and, therefore, must
remain actively engaged in all phases of PDM. We also seek active
participation of other entities that are expected to assume
responsibilities for the species' conservation post-delisting.
The Service has developed a draft PDM plan for Frankenia johnstonii
in cooperation with the TPWD, U.S. International Boundary and Water
Commission, TNC, and the Texas Department of Transportation. The PDM
plan is designed to verify that F. johnstonii remains secure from risk
of extinction after removal from the list of endangered species. With
this notice, we are soliciting public comments and peer review on the
draft PDM plan. All comments on the draft PDM plan from the public and
peer reviewers will be considered and incorporated into the final PDM
plan as appropriate.
The following is a brief summary of the draft PDM plan. Please see
the plan, available at http://www.fws.gov/southwest/es/Library/or
http://www.regulations.gov, for more details. In essence, the PDM plan
for the Frankenia johnstonii will be implemented for 9 years, and will
include habitat evaluation using remote sensing of 20 populations and
on-site monitoring of 10 populations. Habitat assessments with remote
sensing will occur about every 2 or 3 years, depending on when updated
aerial photography is available. Onsite assessments will be conducted
in the fall every 3 years for a total of three visits during the 9-year
PDM period. Potential impacts to the species are habitat loss from
vegetation clearing associated with construction of roads and buildings
for residential and commercial development, and clearing and
construction associated with oil and gas development (seismic
exploration and road, pipeline, and well pad construction). A site
visit will be triggered from remote sensing analysis when a 30 percent
loss of habitat is detected within any monitored polygon when compared
to 2008 baseline data. A second way to trigger site visits is if the
overall area being assessed shows a habitat loss of 30 percent or more
compared to the 2008 baseline.
If onsite monitoring reveals any cause for concern, such as reduced
numbers of plants or decreased extent of a population, a more
comprehensive ground assessment of the monitored populations, or
addition of extra monitoring sites, may be necessary. If monitoring
concerns become sufficiently high, we will conduct a full status review
of the species to determine if relisting is warranted.
Public Comments
We intend that any final action resulting from this proposal will
be based on the best scientific and commercial data available and will
be as accurate and effective as possible. To ensure our determination
is based on the best available scientific and commercial information,
we request information on the Frankenia johnstonii from governmental
agencies, Native American Tribes, the scientific community, industry,
and any other interested parties. We request comments or suggestions on
our May 22, 2003 (68 FR 27961), proposal to delist the F. johnstonii,
on the new information presented in this Federal Register notice, on
the draft post-delisting monitoring plan for F. johnstonii, and on any
other information. Specifically, we seek information on:
(1) The species' biology, range, and population trends, including:
(a) Life history, ecology, and habitat use of the F. johnstonii;
(b) Range, distribution, population size, and population trends;
(c) Positive and negative effects of current and foreseeable land
management practices on F. johnstonii, including conservation efforts.
(2) The factors, as detailed in the May 22, 2003 (68 FR 27961),
that are the basis for making a listing/delisting/downlisting
determination for a species under section 4(a) of the Endangered
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), which
are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence.
(3) The draft post-delisting monitoring plan.
You may submit your information concerning this status review by
one of the methods listed in ADDRESSES. If you submit information via
http://www.regulations.gov, your entire submission--including any
personal identifying information--will be posted on the Web site. If
you submit a hardcopy that includes personal identifying information,
you may request at the top of your document that we withhold this
personal identifying information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
submissions on http://www.regulations.gov.
Information and supporting documentation that we received and used
in preparing this proposal and other listing determinations for the
species, will be available for you to review at http://www.regulations.gov, or you may make an appointment during normal
business hours at the Service's Southwest Regional Office, Ecological
Services Division (see FOR FURTHER INFORMATION CONTACT).
[[Page 66021]]
If you submitted comments or information previously on the May 22,
2003, proposed rule (68 FR 27961), please do not resubmit them. These
comments have been incorporated into the public record and will be
fully considered in the preparation of our final determination.
The Service will finalize a new listing determination after we have
completed our review of the best available scientific and commercial
information, including information and comments submitted during this
comment period.
References Cited
A complete list of references cited is available on the Internet at
http://www.regulations.gov and upon request from the Service's
Southwest Regional Office, Ecological Services (see FOR FURTHER
INFORMATION CONTACT).
Author
The primary author of this notice is staff of the Service's
Southwest Regional Office, Ecological Services (see FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: October 12, 2011.
Gregory E. Siekaniec,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-27372 Filed 10-24-11; 8:45 am]
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