Federal Register - August 6, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations Federal Agency Comments 12 Comment: The Monongahela National Forest in West Virginia provided information about soils on which running buffalo clover may occur. They suggested looking at running buffalo clover sites near road systems to determine if these populations could have been brought in from limestone quarries where a potential seed bed could have been established but may not be ideal for sustainability of the population. They also commented that temporary habitat for running buffalo clover can be created by periodic liming of forest soils but would not be sustainable.
Response: We agree with the comment that periodic liming of soils is not a sustainable activity and believe that there is enough habitat with suitable disturbance that liming is not needed. While seed is known to have been brought into sites through delivery of topsoil, we are unaware of any instances where seed has been transported from a quarry. We have incorporated additional information about soils into the Background section.
13 Comment: The Wayne National Forest in Ohio commented that running buffalo clover will continue to receive protection for a minimum of 5 years after delisting as a species of conservation concern for the forest.
Response: We appreciate the Wayne National Forests commitment to continuing to conserve running buffalo clover after the species is delisted.
Continuing to manage running buffalo clover as a species of conservation concern on the Wayne National Forest will contribute to the ongoing success of this species.
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Peer Review and Public Comments 14 Comment: Two peer reviewers and several public commenters opined that the species should be downlisted to threatened rather than delisted.
Response: Current information indicates there are currently 175 extant running buffalo clover populations as follows: 18 A-ranked, 47 B-ranked, 40 Cranked, and 70 D-ranked populations.
Seven of the A-ranked and 14 of the Branked populations are considered viable, based on a PVA or 10 years of data. Based on this information, we conclude that sufficient number and distribution of viable populations occur across the species range and delisting criteria 1 and 2 have been exceeded. We acknowledge that delisting criterion 3
has not been fully met in the manner specifically identified in the recovery plan. However, recovery of a species is a dynamic process, and we are not
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required to follow all of the guidance or meet all of the criteria provided in a recovery plan in order to conclude that a species no longer meets the definition of endangered or threatened. The 22
populations currently under management agreements in conjunction with the 66 other populations on publicly owned lands are sufficient to indicate the species is not in danger of extinction now or likely to be in the foreseeable future. Additionally, the discovery of new populations at unmanaged sites indicates that the species does not wholly rely on management to maintain populations as we believed when the recovery criterion was drafted. We conclude that threats to running buffalo clover have been reduced or are being adequately managed now and into the foreseeable future and that the intent of the criterion to ensure that sufficient populations were protected from threats into the future has been met. Therefore, running buffalo clover does not meet the definition of a threatened species.
15 Comment: One peer reviewer indicated that running buffalo clover is not fully understood, nor are the historic habitat conditions in which it lived. Therefore, additional research is needed before delisting the species.
Response: Recent discoveries of new running buffalo clover sites have expanded our understanding of habitat preferences for the species. In making listing decisions under the Act, we rely on the best available scientific and commercial data, including these recent discoveries, which have led us to conclude that running buffalo clover does not meet the definition of an endangered or threatened species.
16 Comment: One peer viewer noted that from 2001 to 2005 the number of running buffalo clover patches and rooted crowns at Blue Grass Army Depot Depot increased, mostly due to finding new patches. From 2005 to 2018, the number of patches and rooted crowns declined, likely due to the permanent loss of patches, indicating a long-term decline. Three public commenters also noted that the overall trend of running buffalo clover at the Depot has been declining since 2001, and one commenter indicated the cause of the decline is unknown.
Response: Although the number of patches at the Depot has decreased since 2005, the number of rooted crowns recorded in 2018 3,939 is greater than that recorded in 2001 1,160 but lower than the maximum observed in 2006
9,574. Populations of this species fluctuate greatly and can decline for multiple years before rebounding. The populations that are now considered
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extirpated from the Depot were small, D-ranked populations. While the loss of patches could indicate an overall decline, the loss of small populations is not unexpected. Other landowners do not monitor by patch; therefore, it is difficult to compare this information to trends at other locations. However, we acknowledge that some protected populations have declined with no obvious cause. Notwithstanding these limited declines, we conclude that a sufficient number of populations across the range of the species will continue to be viable over the foreseeable future such that the species no longer meets the Acts definitions of an endangered species or a threatened species.
17 Comment: One peer reviewer noted that running buffalo clover populations can appear, seem to prosper, and then disappear, including an A-ranked population, and many Cand D-ranked populations have disappeared.
Response: Running buffalo clover populations fluctuate over the years due to natural succession, variance in temperature and precipitation, and lack of disturbance. Due to their small size, D-ranked populations are most likely to disappear although larger populations have declined for unknown reasons.
The PVA, conducted when the recovery plan was written, indicated that 17
populations were needed to maintain this species. This number was doubled to 34 populations needed to delist running buffalo clover. Currently, 175
populations are extant throughout the range of this species. This includes 18
populations that have at least 1,000
rooted crowns A-ranked. An additional 47 running buffalo clover populations have between 100 and 999
rooted crowns B-ranked. These higher ranked populations have a greater probability of remaining stable or increasing.
18 Comment: One peer reviewer and two commenters opined that more management agreements are needed before delisting running buffalo clover, and four commenters expressed concern whether current management is sufficient to maintain recovery.
Response: Comparing the ranking of extant populations in 2007 to the ranking of those populations that continued to be extant in 2016, 17
percent of populations were increasing, and 59 percent were stable. These populations represent 76 percent of the populations present in 2007. In addition, we are now aware of 175
extant populations compared to 102 in 2007. Thus, we conclude that the trend for this species is stable or increasing.
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