[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Proposed Rules]
[Pages 53-57]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32077]
[[Page Unknown]]
[Federal Register: January 3, 1994]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AC27
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Arabis perstellata
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Service proposes to determine endangered status for the
rock cress, Arabis perstellata. There are 2 varieties of Arabis
perstellata. The small rock cress, Arabis perstellata var. perstellata,
is currently known from 27 populations in Kentucky--24 in Franklin
County, 2 in Owen County, and 1 in Henry County. The large rock cress,
Arabis perstellata var. ampla, is known from only two populations in
Rutherford County, Tennessee. The species is endangered because of
either potential or current threats from habitat alteration due to
residential, commercial, or industrial development; timber harvesting;
grazing and trampling; and competition with native and exotic weedy
species, especially the European garlic mustard (Alliaria petiolata).
This proposal, if made final, would extend the protection of the
Endangered Species Act of 1973, as amended (Act), to Arabis
perstellata.
DATES: Comments from all interested parties must be received by March
4, 1994. Public hearing requests must be received by February 17, 1994.
ADDRESSES: Comments, materials, and requests for a public hearing
concerning this proposal should be sent to the Field Supervisor,
Asheville Field Office, U.S. Fish and Wildlife Service, 330 Ridgefield
Court, Asheville, North Carolina 28806. Comments and materials received
will be available for public inspection, by appointment, during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. J. Allen Ratzlaff at the above
address (704/665-1195, Ext. 229).
SUPPLEMENTARY INFORMATION:
Background
Both varieties of Arabis perstellata, var. ampla (large rock cress)
and var. perstellata (small rock cress) are perennial members of the
mustard family (Brassicaceae). The large rock cress is known from only
two counties in Tennessee, and the small rock cress is known from only
three counties in Kentucky. Both varieties have round stems and
alternate leaves. Their stems and foliage have a grayish coloration due
to the large quantity of hairs. Their stems arise from horizontal bases
and grow up to 80 centimeters (cm) (31.5 inches) long, often drooping
from rock ledges. Each year a basal rosette of leaves is produced, and
the new branches emerge from the old rosette of the previous season.
Their lower leaves vary from 4 to 15 cm (1.6 to 5.9 inches) long and
are obovate to oblanceolate with slightly toothed and pinnatifid
margins. Their upper leaves are smaller--up to 3.5 cm (1.4 inches)
long--and are elliptic to oblanceolate, with coarse teeth along the
margin. Both surfaces of their leaves are stellate-pubescent. The
inflorescence is an elongate raceme with numerous flowers. Their
flowers have four petals that are 3 to 4 millimeters (mm) (0.12 to 0.16
inch) long, are white to lavender, and have four pale green sepals that
are 2 to 3 mm (0.08 to 0.12 inch) long. There are six stamens, with two
shorter than the other four. The ovary is elongate, two-chambered, and
develops into a silique. Fruiting stalks are about 1 cm (0.4 inch) long
at maturity; siliques are up to 4 cm (1.6 inches) long and are covered
with both simple and stellate hairs. Flowering occurs from late March
to early May. Fruits mature from mid-May to early June. Their oblong
seeds are reddish brown; somewhat flattened; about 1 mm (0.04 inch)
long; and, in places, minutely hairy (Jones 1991).
Arabis perstellata was named by E. L. Braun from plants collected
between 1936 and 1939 on wooded hillsides along Elkhorn Creek in
Franklin County, Kentucky. Braun (1940) distinguished the new taxon
from the similar Arabis dentata (Torr.) T. & G. (now called Arabis
shortii [Fern.] Gleason) by its perennial habit; grayer, stellate
pubescence of stems and leaves; and longer pedicels. Fernald (1946)
treated A. shortii as a variety of A. perstellata, though it is now
generally accepted that they represent two species (Kartesz and Kartesz
1980). In 1959, plants were discovered on steep limestone cliffs above
the Stones River in Davidson County, Tennessee, by Dr. R. B. Channel.
Rollins (1960) described these plants as Arabis perstellata var. ampla
and distinguished them from the typical variety by their generally
larger size, thinner and more entire leaves, and lesser pubescence.
Rollins also reported the chromosome number of the Tennessee plants as
n=7; the chromosome number of the Kentucky plants has yet to be
determined.
Arabis perstellata is typically found on wooded steep slopes with
limestone outcrops. The outcrops tend to be moist but not wet; rarely,
plants can be found on seepy outcrops. They also may be found in
protected areas, such as around the bases of larger trees, or in areas
where there is little competition, such as around areas regularly
scoured by talus movement or erosion. The plants have a well-developed
system of rootstocks that allow them to persist in these inhospitable
sites. Sometimes the plants display a weedy tendency, colonizing recent
road cuts or animal paths through the woodlands. The plants exhibit
definite shade/light requirements, surviving in full shade or filtered
light, but are not found in full sunlight (Jones 1991).
The distribution of Arabis perstellata var. perstellata shows a
strong correlation with the Kentucky River and its tributaries
(primarily Elkhorn Creek), with the greater majority of sites occurring
in Franklin County. No sites have been found south of Frankfort along
the Kentucky River, although appropriate habitat appears to be present.
Arabis perstellata var. ampla is also associated with calcareous bluff
habitat of a specific river--the Stones River. The two extant
populations are somewhat atypical compared to historic sites because
they occur on rocky knobs about 15 miles from the Stones River (Jones
1991). The following is a description of the status of each variety of
the species within each State where the species occurs; the information
is primarily from Jones (1991).
All known Arabis perstellata var. ampla populations in Tennessee
are from the Cumberland River Subsection of the Central Basin
Physiographic Region. Prior to the status survey conducted by Jones
(1991), there were three records of large rock cress in Davidson County
and two in Rutherford County. All three of the sites in Davidson County
have been extirpated, and one of the sites in Rutherford County could
not be relocated. One additional population was discovered in
Rutherford County during the status survey. Of the two remaining
populations, one is small--about 25 plants--and covers about 0.06 acre.
The other population contains several hundred plants scattered over
about 2.2 acres. Both sites are on private land and are threatened by
competition by weedy invaders.
All known Arabis perstellata var. perstellata populations in
Kentucky are from the Eden Shale Belt Subsection of the Blue Grass
Physiographic Region. Prior to the status survey conducted by Jones
(1991), there were three counties in Kentucky with occurrence records
for the small rock cress--1 in Henry County, 2 in Owen County, and 26
in Franklin County. One site in Owen County and seven sites in Franklin
County have been extirpated. There was insufficient information to
locate four other historic records (2 in Franklin County and 2 from
unknown counties). However, 8 new populations were discovered during
the status survey, and the 27 known small rock cress sites in Kentucky
are distributed as follows: 1 population from Henry County, 2
populations from Owen County, and 24 populations from Franklin County.
Of these 27 populations, 22 of them have fewer than 100 individual
plants and 12 have 20 or fewer. The immediate threats to the 27
remaining populations include the following: (1) Eight are threatened
by weedy competitors, (2) four by weedy competitors and trampling, (3)
two by trampling, (4) one by logging, and (5) one by road work. The
remaining 11 populations do not appear to have any immediate threats
but are vulnerable to the aforementioned threats as well as other
habitat alterations and potential inbreeding problems as neighboring
populations decline. All of the Kentucky populations are privately
owned. Three receive limited protection through their inclusion in
State designated natural areas.
Federal government actions on these species began with section 12
of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), which
directed the Secretary of the Smithsonian Institution to prepare a
report on those plants considered endangered, threatened, or extinct.
This report, designated as House Document No. 94-51, was presented to
Congress on January 9, 1975. On July 1, 1975, the Service published a
notice (40 FR 27823) that formally accepted the Smithsonian report as a
petition within the context of section 4(c)(2) (now section 4(b)(3)) of
the Act. By accepting this report as a petition, the Service also
acknowledged its intention to review the status of those plant taxa
named within the report. Arabis perstellata var. ampla and Arabis
perstellata var. perstellata were included in the Smithsonian report
and in the July 1, 1975, Notice of Review. On June 16, 1976, the
Service published a proposed rule (41 FR 24523) to determine
approximately 1,700 vascular plant taxa to be endangered species
pursuant to Section 4 of the Act; Arabis perstellata var. ampla and
Arabis perstellata var. perstellata were included in that proposal.
The 1978 amendments to the Act required that all proposals over 2
years old be withdrawn. In the December 10, 1979, Federal Register (44
FR 70796), the Service published a notice withdrawing plants proposed
on June 16, 1976. The revised Notice of Review for Native Plants
published on December 15, 1980 (45 FR 82480), included Arabis
perstellata var. ampla and Arabis perstellata var. perstellata as
category 1 candidates. Category 1 candidates are those for which the
Service has on file substantial information on biological vulnerability
and threats to support the appropriateness of proposing to list the
taxa as threatened or endangered. These species were retained in their
respective categories when the Notice of Review for Native Plants was
revised in 1983 (48 FR 53640) and 1985 (50 FR 39526), but Arabis
perstellata var. ampla was then thought to be possibly extinct. In the
1990 Notice of Review (55 FR 6184), Arabis perstellata var. ampla was
changed to a category 2 species due to the uncertainty of its status.
Category 2 species are those for which the Service has information
indicating that proposing to list them as endangered or threatened may
be appropriate but for which substantial data on biological
vulnerability and threats are not currently known or on file to support
the preparation of rules. The Service funded surveys in 1989 to
determine the status of Arabis perstellata var. perstellata in
Kentucky. The contractors conducting the status survey for Arabis
perstellata var. perstellata included a review of Arabis perstellata
var. ampla in Tennessee. Final reports on these surveys were accepted
by the Service in 1991.
Section 4(b)(3)(B) of the Act, as amended in 1982, requires the
Secretary to make certain findings on pending petitions within 12
months of their receipt. Section 2(b)(1) of the 1982 amendments further
requires that all petitions pending on October 13, 1982, be treated as
having been newly submitted on that date. This was the case for Arabis
perstellata var. ampla and Arabis perstellata var. perstellata because
of the acceptance of the 1975 Smithsonian report as a petition. On
October 13, 1983, and in October of each year thereafter, through 1992,
the Service found that the petitioned listing of Arabis perstellata
var. perstellata and Arabis perstellata var. ampla was warranted but
precluded by work on higher priority species. The Service's present
decision to propose Arabis perstellata for listing is based on results
of the above-mentioned status survey and current priorities, and it
represents the final petition finding for the large and small rock
cresses.
Summary of Factors Affecting the Species
Section 4(a)(1) of the Act and regulations (50 CFR part 424)
promulgated to implement the listing provisions of the Act set forth
the procedures for adding species to the Federal lists. A species may
be determined to be an endangered or threatened species due to one or
more of the five factors described in section 4(a)(1). These factors
and their application to the 2 varieties of rock cress, Arabis
perstellata var. ampla (large rock cress) and Arabis perstellata var.
perstellata (small rock cress), are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Arabis perstellata var. perstellata--Of the 27 known populations of
small rock cress, 16 are threatened with destruction or adverse
modification of their habitat--8 by weedy competitors, 4 by weedy
competitors and trampling, 2 by trampling, 1 by logging, and 1 by road
work. The remaining 11 populations do not appear to have any immediate
threats but are vulnerable to the aforementioned threats as well as
other habitat alterations and potential inbreeding problems as
neighboring populations decline. Active management is required to
ensure that the species continues to survive at all sites.
Arabis perstellata var. ampla--Both of the remaining large rock
cress populations in Tennessee are threatened from competition by weedy
invaders and potentially by livestock grazing and trampling. Also, the
smaller site appears to be made up of older individuals, and there is
little evidence of reproduction (Jones 1991).
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
At this time there is little or no commercial trade in Arabis
perstellata var. ampla or Arabis perstellata var. perstellata. Most
populations of the species are very small and cannot support the
collection of plants for scientific or other purposes. Collecting for
scientific purposes or as a novelty could pose a threat to the species.
C. Disease or Predation
Disease and predation do not appear to be factors affecting the
continued existence of the species at this time (Jones 1991).
D. The Inadequacy of Existing Regulatory Mechanisms
The large rock cress is listed as endangered in Tennessee by
Collins et al. (1978) and Somers (1989). Endangered species in
Tennessee receive some protection through the ``Rare Plant Protection
and Conservation Act of 1985'' (Tennessee Department of Conservation,
1987). The removal of plants from State properties for scientific,
educational, or propagative purposes is controlled, as is the
disturbance of the species on private lands without the landowner's
consent. There is no protection for the species if its presence
conflicts with public works projects (e.g., road building).
In Kentucky, the small rock cress is listed as endangered by the
Kentucky Academy of Science and Kentucky State Nature Preserves
Commission (Branson et al. 1981, Warren et al. 1986). These lists,
however, have no legal standing in the State.
Should Arabis perstellata be added to the Federal list of
endangered and threatened species, additional protection from taking
will be provided to any populations of rock cress that may be
discovered on Federal land and to other populations when the taking is
in violation of any State law, including State trespass laws.
Protection from inappropriate commercial trade would also be provided.
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence
Both varieties of rock cress, Arabis perstellata var. ampla and
Arabis perstellata var. perstellata could be facing potential
inbreeding problems as neighboring populations decline.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by Arabis perstellata in determining to propose
this rule. Based on this evaluation, the preferred action is to list
Arabis perstellata as an endangered species. Both varieties of the
plant face imminent threats and are in danger of extinction throughout
their range. In accordance with the definition found in section 3(6) of
the Act, such a species would qualify for designation as endangered.
Proposing threatened status would not be consistent with the apparent
status of the species.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary designate any
habitat of a species, which is considered to be critical habitat, at
the time the species is determined to be endangered or threatened. The
Service's regulations (50 CFR 424.12(a)(1)) state that designation of
critical habitat is not prudent when one or both of the following
situations exist: (1) The species is threatened by taking or other
activity and the identification of critical habitat can be expected to
increase the degree of threat to the species or (2) such designation of
critical habitat would not be beneficial to the species. The Service
finds that designation of critical habitat is not prudent for this
species due to both situations.
Most populations of this species are small, and the loss of even a
few individuals to activities such as collection for scientific
purposes could extirpate the species from some locations. Taking,
without permits, is prohibited by the Act from locations under Federal
jurisdiction; however, none of the known populations of Arabis
perstellata is under Federal jurisdiction. Therefore, publication of a
critical habitat description and maps would increase the vulnerability
of the species without significantly increasing protection.
Regulations promulgated for the implementation of Section 7 of the
Act provide for both a ``jeopardy'' standard and a ``destruction or
adverse modification'' of critical habitat standard. Due to the highly
precarious status of this species, any significant adverse modification
or destruction of the species' habitat would also likely jeopardize the
species' continued existence, thereby triggering both standards.
Therefore, no additional protection for the plant would accrue from
critical habitat designation that would not also accrue from listing of
the species.
The owners and managers of all the known populations of Arabis
perstellata will be made aware of the plant's locations and of the
importance of protecting the plant and its habitat even though critical
habitat is not being designated. No additional benefits would result
from a determination of critical habitat. If listed, habitat protection
for this plant would be accomplished through the section 7 ``jeopardy''
standard and section 9 prohibitions against take.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain practices. Recognition through listing encourages and
results in conservation actions by Federal, State, and private
agencies, groups, and individuals. The Endangered Species Act provides
for possible land acquisition and cooperation with the States and
requires that recovery actions be carried out for all listed species.
Such actions are initiated by the Service following listing. The
protection required of Federal agencies and the prohibitions against
taking are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed species or result in the
destruction or adverse modification of proposed critical habitat. If a
species is subsequently listed, section 7(a)(2) requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of such a species
or to destroy or adversely modify its critical habitat. If a Federal
action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service.
All Arabis perstellata populations are on privately owned land or
in road rights-of-way. No current Federal actions have been identified
that would affect these plants. However, Federal involvement associated
with such actions as road construction may have limited potential for
affecting these plants in the future.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 set forth a series of general prohibitions and
exceptions that apply to all endangered plants. All trade prohibitions
of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, would
apply. These prohibitions, in part, make it illegal for any person
subject to the jurisdiction of the United States to import or export,
transport in interstate or foreign commerce in the course of a
commercial activity, sell or offer for sale this species in interstate
or foreign commerce, or to remove and reduce to possession the species
from areas under Federal jurisdiction. In addition, for endangered
plants, the 1988 amendments (Pub. L. 100-478) to the Act prohibit the
malicious damage or destruction on Federal lands and the removal,
cutting, digging up, or damaging or destroying of endangered plants in
knowing violation of any State law or resolution, including State
criminal trespass law. Certain exceptions apply to agents of the
Service and State conservation agencies. The Act and 50 CFR 17.62 and
17.63 also provide for the issuance of permits to carry out otherwise
prohibited activities involving endangered species under certain
circumstances. It is anticipated that few trade permits would ever be
sought or issued because the species is not common in cultivation or in
the wild. Requests for copies of the regulations on listed plants and
inquiries regarding prohibitions and permits may be addressed to the
Office of Management Authority, U.S. Fish and Wildlife Service, 4401 N.
Fairfax Drive, Room 420-C, Arlington, Virginia 22203 (703/358-2104).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned government
agencies, the scientific community, industry, or any other interested
party concerning these proposed rules are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Arabis perstellata;
(2) The location of any additional populations of Arabis
perstellata and the reasons why any habitat should or should not be
determined to be critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range and distribution of
this species; and
(4) Current or planned activities in the subject area and their
possible impacts on Arabis perstellata.
Final promulgation of regulations on Arabis perstellata will take
into consideration the comments and any additional information received
by the Service, and such communications may lead to the adoption of a
final regulation that differs from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be filed within 45 days of the
date of this proposal. Such requests must be made in writing and should
be addressed to the Field Supervisor, Asheville Field Office, U.S. Fish
and Wildlife Service, 330 Ridgefield Court, Asheville, North Carolina
28806.
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act of 1973, as amended. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
References Cited
Branson, B. A., D. F. Harker, Jr., J. M. Baskin, M. E. Medley, D. L.
Batch, M. L. Warren, Jr., W. H. Davis, W. C. Houtcooper, B. Monroe,
Jr., L. R. Phillippe, and P. Cupp. 1981. Endangered, threatened, and
rare animals and plants of Kentucky. Transactions of the Kentucky
Academy of Science 42:77-89.
Braun, E. L. 1940. New plants from Kentucky. Rhodora 42:47-49.
Collins, J. L., H. R. DeSelm, A. M. Evans, R. Kral, and B. E.
Wofford. 1978. The rare vascular plants of Tennessee. Journal of the
Tennessee Academy of Science 53:128-133.
Fernald, M. L. 1946. Identification and reidentifications of North
American Plants. Rhodora 48:207-216.
Jones, R. L. 1991. Status Survey Report on Arabis perstellata var.
perstellata. Unpublished report to the Asheville Field Office, U.S.
Fish and Wildlife Service, Asheville, North Carolina. 94 pp.
Kartesz, J., and R. Kartesz. 1980. A synonymized checklist of the
vascular flora of the United States, Canada, and Greenland.
University of North Carolina Press, Chapel Hill, North Carolina.
Rollins, R. 1960. Arabis perstellata in Tennessee. Rhodora 62:242-
244.
Somers, P. 1989. Revised list of the rare plants of Tennessee.
Journal of the Tennessee Academy of Science 64:179-184.
Tennessee Department of Conservation, Division of Ecological
Services. 1987. The rare plant protection and conservation act of
1985. Nashville, Tennessee.
Warren, M. L., Jr., W. H. Davis, Branson, R. R. Hannan, M. Evans, D.
L. Batch, B. D. Anderson, B. Palmer-Hall, Jr., J. R. MacGregor, R.
R. Cicerello, R. Athey, B. A. Branson, G. J. Fallo, B. M. Burr, M.
E. Medley, and J. M. Baskin. 1986. Endangered, threatened, and rare
plants and animals of Kentucky. Transactions of the Kentucky Academy
of Science 47:84-97.
Author
The primary author of these proposed rules is Mr. J. Allen
Ratzlaff, Asheville Field Office, U.S. Fish and Wildlife Service, 330
Ridgefield Court, Asheville, North Carolina 28806 (704/665-1195, Ext.
229).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulations Promulgation
Accordingly, the Service proposes to amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Sec. 17.12(h) is amended by adding the following, in
alphabetical order, under Brassicaceae, to the List of Endangered and
Threatened Plants, to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
----------------------------------- Historic range Status When listed Critical Special rules
Scientific name Common name habitat
----------------------------------------------------------------------------------------------------------------
Brassicaceae--Mu
stard family:
* * * * * * *
Arabis Rock cress...... U.S.A. (TN, KY). E NA .............. NA
perstellata.
* * * * * * *
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Dated: December 2, 1993.
Richard N. Smith,
Acting Director, Fish and Wildlife Service
[FR Doc. 93-32077 Filed 12-30-93; 8:45 am]
BILLING CODE 4310-55-P