Endangered and Threatened Wildlife and Plants; Final Rule to Reclassify the Plant Isotria medeoloides (Small Whorled Pogonia) From Endangered to Threatened

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC11

Endangered and Threatened Wildlife and Plants; Final Rule to

Reclassify the Plant Isotria medeoloides (Small Whorled Pogonia) From

Endangered to Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines that

Isotria medeoloides (small whorled pogonia) warrants reclassification

from endangered to threatened. The determination is based on the

fulfillment of reclassification criteria as stated in the Small Whorled

Pogonia (Isotria medeoloides) Recovery Plan: First Revision (U.S. Fish

and Wildlife Service 1992) and substantial improvement in the status of

this orchid species. As outlined in the revised Recovery Plan,

reclassification of Isotria medeoloides from endangered to threatened

should proceed when a minimum of 25 percent of the known viable sites

(as of 1992) are protected. Currently, 61 percent of the viable

populations are permanently protected. This rule implements the Federal

protection and recovery provisions for threatened species as provided

by the Act.

EFFECTIVE DATE: November 7, 1994.

ADDRESSES: The complete file for this rule is available for inspection,

by appointment, during normal business hours at the New England Field

Office, U.S. Fish and Wildlife Service, 22 Bridge Street--Unit 1,

Concord, New Hampshire 03301-4986.

FOR FURTHER INFORMATION CONTACT: Ms. Susanna von Oettingen at the above

address (telephone: 603/225-1411, FAX 603/225-1467).

SUPPLEMENTARY INFORMATION:

Background

Isotria medeoloides (small whorled pogonia), a member of the orchid

family (Orchidaceae), was first described by Frederick Pursh in 1814 as

Arethusa medeoloides. In 1838, this orchid was placed in its own genus

and recognized as Isotria medeoloides; however, it also became known as

Pogonia affinis and Isotria affinis. M.L. Fernald clarified the

nomenclature in 1947, making the latter names synonyms of Isotria

medeoloides.

Isotria medeoloides is an herbaceous perennial with slender, hairy,

fibrous roots that radiate from a crown or rootstock. The five or six

milky-green or grayish-green, elliptic and somewhat pointed leaves

(four leaves in some vegetative plants) are displayed in a whorl at the

apex of a smooth, green stem. Isotria medeoloides flowers from mid-May

in the south to mid-June in the northern part of its range. A single

yellowish-green flower, or occasionally flower pair, stands in the

center of the whorl of leaves.

An individual plant is usually single-stemmed, although two or more

stems may occur; however, closely grouped double stems may in fact be

two single plants (Bill Brumback, New England Wildflower Society, in

litt. 1993). Because of the difficulty in differentiating double

stemmed plants from closely neighboring plants, population estimates

are often based on the number of stems, as opposed to the number of

plants.

Isotria medeoloides can be confused with Isotria verticillata

(Willd.) Raf. (large whorled pogonia), the only other species in the

genus Isotria. Characteristics that distinguish I. medeoloides from I.

verticillata include the stem and flower color, the relative lengths of

the sepals and petals, and the length of the stem of the fruit capsule

in relation to the length of the capsule itself (Rawinski 1989a).

Colonies of Isotria verticillata are often found near colonies of

Isotria medeoloides in the extensive region in which they occur

together (A. Belden, Virginia Division of Natural Heritage, in litt.

1991). They have also been reported to grow mixed together (Dixon and

Cook 1988).

Isotria medeoloides occurs both in fairly young forests and in

maturing stands of mixed-deciduous or mixed-deciduous/coniferous

forests. The majority of small whorled pogonia sites share several

common characteristics. These may include sparse to moderate ground

cover in the microhabitat (except when among ferns), a relatively open

understory canopy, and proximity to old logging roads, streams, or

other features that create long-persisting breaks in the forest canopy

(Mehrhoff 1989a). The soil in which the shallow-rooted small whorled

pogonia grows is usually covered with leaf litter and decaying material

(Mehrhoff 1980, Sperduto 1993). The spectrum of habitats includes dry,

rocky, wooded slopes to moist slopes or slope bases crisscrossed by

vernal streams.

Isotria medeoloides is widely distributed with a primary range

extending from southern Maine and New Hampshire through the Atlantic

seaboard States to northern Georgia and southeastern Tennessee.

Outlying colonies have been found in the western half of Pennsylvania,

Ohio, Michigan, Illinois, and Ontario, Canada.

There are three main population centers of Isotria medeoloides. The

northernmost concentration, comprising 66 sites in 1993, is centered in

the foothills of the Appalachian Mountains in New England and northern

coastal Massachusetts, with one outlying site in Rhode Island. A second

grouping of 18 sites is located at the southern extreme of the

Appalachian chain in the Blue Ridge Mountains where North Carolina,

South Carolina, Georgia, and Tennessee join. The third center, with 13

sites, is concentrated in the coastal plain and piedmont provinces of

Virginia, with outliers in Delaware and New Jersey. Seven sites

scattered in the outlying States and Ontario are considered disjunct

populations.

Previous Federal Action

Isotria medeoloides was listed as endangered on September 10, 1982

(47 FR 39827-39831). At that time, records for the species were known

from 48 counties in 16 States and Canada, though there were only 17

extant sites, in 10 States and Ontario, Canada. These sites had less

than 500 stems. Subsequent searches led to the discovery of many new

sites. In 1991, 86 sites in 15 States and Canada (U.S. Fish and

Wildlife Service 1992) were known. By 1993, 17 additional sites in New

Hampshire and 1 site in Maine were discovered, bringing the total to

104 extant sites (Table 1). A number of States currently have only

historic sites; these include Vermont, New York, Maryland, Missouri,

and the District of Columbia.

Table 1.--Isotria Medeoloides Site Distribution

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# Sites # Sites

# Sites (# protected

State 1985 Viable) 1993 (#

1993 Viable)

------------------------------------------------------------------------

Maine.................................... 2 17(7) 4(4)

New Hampshire............................ 16 42(15) 11(6)

Massachusetts............................ 1 5(2) 2(2)

Rhode Island............................. 1 1(0) 0(0)

Connecticut.............................. 1 1(0) 1(0)

Pennsylvania............................. 1 3(0) 3(0)

New Jersey............................... 2 3(1) 1(0)

Delaware................................. 0 1(0) 0(0)

Virginia................................. 3 9(6) 7(4)

North Carolina........................... 2 5(2) 2(2)

South Carolina........................... 1 4(2) 4(2)

Georgia.................................. 1 8(4) 7(4)

Tennessee................................ 0 1(0) 0(0)

Ohio..................................... 0 1(0) 1(0)

Michigan................................. 1 1(0) 1(0)

Illinois................................. 1 1(0) 1(0)

Ontario, Canada.......................... 1 1(0) 1(0)

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Total 34 104(39) 46(24)

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\1\Protection as defined in the criteria for reclassification in the

Small Whorled Pogonia Recovery Plan: First Revision (U.S. Fish and

Wildlife Service 1992), also discussed below.

The first Small Whorled Pogonia Recovery Plan was completed in 1985

(U.S. Fish and Wildlife Service 1985). The original objective, outlined

in the 1985 recovery plan and based on the best available information

at that time, was to locate and protect 30 populations (sites) of at

least 20 individuals each, with at least 15 of the sites to be located

in New England. Implementation of several recovery tasks generated

additional life history and population information, the identification

of new sites and protection of those sites deemed important to the

survival and recovery of this species.

Upon review of new life history and site information, this recovery

objective was no longer considered appropriate. Viability, based on the

reproductive status and persistence of a population, as opposed to

merely a stem count, is now considered to be an important factor in

determining the recoverability of this species.

The Small Whorled Pogonia Recovery Plan: First Revision, was

completed and approved in 1992. New recovery goals for the

reclassification and delisting of Isotria medeoloides and tasks for the

recovery of this species were developed using the most recent

information regarding population trends and dynamics, life history, and

previous recovery efforts. The current recovery strategy is based on a

multi-faceted approach of habitat protection and management (on a site

specific basis), threat reduction, and environmental education.

The Service identified recovery criteria required for the

reclassification of Isotria medeoloides from endangered to threatened

in the 1992 recovery plan. Reclassification would be pursued when a

minimum of 25 percent of the known, viable sites (as of 1992) is

permanently protected. A site is considered viable if it has a

geometric mean (over 3 years) of 20 emergent stems, of which at least

25 percent are flowering stems. Though not discussed in the recovery

plan, an alternative viability definition has since been developed for

sites located in the southern part of the range. This definition was

based upon information provided by botanists familiar with these small,

yet persistent populations (B. Sanders, U.S. Forest Service, pers.

comm. 1993). Viability for smaller populations may be considered for

those sites where less than 20 stems have persistently emerged for over

15 years. A determination of viability based on a stem count of less

than 20 stems would require a long-term commitment to monitoring a

site.

In addition to site viability and protection, reclassification

necessitates that the protected, viable sites be distributed

proportionally throughout the species' current range. Site protection

should include a sufficient buffer zone around the populations to allow

the potential for natural colonization of adjacent, unoccupied habitat.

As defined in the 1992 recovery plan, protection can be

accomplished through--(1) Ownership by a government agency or a private

organization that considers maintenance of the I. medeoloides

population to be a management objective for the site, or (2) a deeded

easement or covenant that effectively commits present and future

landowners to protecting the population and allowing the implementation

of management activities when appropriate. This high level of landowner

commitment to site protection may be critical if it is determined that

the species needs management to counteract the loss of nearby

unoccupied habitat. The need for habitat management would be reviewed

on a site-by-site basis, and be dependent upon the completion of Task

2.1 of the 1992 recovery plan, which is to determine appropriate

management strategies.

Adequate protection for the purposes of reclassification has been

achieved for approximately 50 percent of the viable New England center

populations; 57 percent of viable populations in the Virginia center;

and 100 percent of the viable populations in the Blue Ridge center. No

populations in the outlying States are considered to be viable, though

4 of the 6 extant populations are protected. As a result of meeting the

reclassification criteria outlined in the 1992 recovery plan, the

Service published a proposed rule to reclassify Isotria medeoloides

from endangered to threatened in the Federal Register on October 19,

1993 (FR 53904).

The ultimate goal of the 1992 recovery plan is to ensure long-term

viability of Isotria medeoloides, facilitating the removal of the

species from the Federal list. This objective would be reached when a

minimum of 61 sites (75 percent of the number of viable sites known in

1992) are permanently protected.

As in the reclassification criteria, the distribution of these

sites must be proportionate among the three geographic centers and the

outliers. Viable sites for delisting the species are those sites with

self-sustaining populations having an average of 20 emergent stems

(over a 10-year period), of which an average of 25 percent are

flowering stems. The extended period of monitoring time is required to

ensure long-term viability, and should factor in the potential for

naturally induced dormancy of individual plants. An alternative

definition for viability of smaller populations in the southern portion

of the small whorled pogonia's range may be considered and

substantiated through the recovery process for sites where less than 20

stems, of which an average of 25 percent are flowering, have

persistently emerged for over 15 years.

Ideally, unoccupied habitat adjacent to existing colonies must also

be protected to allow for natural colonization and maintenance of a

self-sustaining population. In some cases, only the immediate area

encompassing Isotria medeoloides populations has been protected, while

surrounding habitat has been destroyed. For these sites, management

strategies to maintain self-sustaining populations may need to replace

the historical availability of additional habitat.

The management strategies would be dependent upon completion of

Tasks 2.1 and 5.2 of the 1992 recovery plan.

Summary of Comments and Recommendations

In the October 19, 1993 proposed rule and associated notifications,

all interested parties were requested to submit factual reports or

information that might contribute to the development of a final rule.

Appropriate State agencies, county governments, Federal agencies,

scientific organizations, and other interested parties were contacted

and requested to comment. Newspaper notices that invited general public

comment were published in--The Kennebec Journal (Maine), The Portsmouth

Daily Times (Ohio), and The New Jersey Herald (New Jersey) on November

3, 1993; The Richmond Times-Dispatch (Virginia), The State Journal-

Register (Illinois) and The State (South Carolina) on November 4, 1993;

The Portland Newspaper (Maine) and The Atlanta Journal (Georgia) on

November 5, 1993; The Herald-Palladium (Michigan) and The Chattanooga

News-Free Press (Tennessee) on November 8, 1993; The New Journal

(Delaware) and The Wilmington News-Journal (Delaware) on November 9,

1993; and The Asheville Citizen-Times (North Carolina) on November 10,

1993. Eleven letters were received, nine supported the ruling, one was

in opposition and one did not support or oppose the reclassification of

I. medeoloides, but did provide comments.

Comments questioning the soundness of reclassification are

discussed below.

An individual suggested that reclassification was premature because

the Service's definition of viability is based on the population's

reproductive status as opposed to a stem count and reproductive status.

However, the Service's definition of a viable population for this

species includes both stem counts (geometric mean of 20 plants over a

3-year period) and reproductive status of the population (25 percent of

the population must have flowering individuals). Therefore, the Service

believes the definition for viable populations requires both constancy

of stem emergence and reproduction, and provides for the best possible

determination given current life history information.

Another comment questioned the Service's standard of an average of

20 stems over a 10-year period for a viable population. The individual

suggested that the majority of extant populations be monitored for 10

years prior to determining the viability for all populations with 20

stems or more. The Service assumes that the commenter is referring to

the delisting criteria. The stated recovery criteria are based on the

best scientific and professional judgment available and were given

public review during the revision of the recovery plan in 1992. No

comments were received at that time opposing the criteria. Furthermore,

the majority of populations averaging 20 or more stems have been

monitored periodically for close to 10 years or since their discovery.

Waiting to reclassify this species until such time as 10 years have

passed for all sites with 20 stems or more would delay reclassification

indefinitely, given that new populations continue to be discovered. The

Service believes that the reclassification criteria are sufficiently

protective and adequately define viability.

The commenter also interpreted the Service's recovery strategy to

include habitat management and questioned its inclusion given the lack

of information on appropriate and successful management. While it is

true that habitat management strategies currently have not been

developed, the Service believes that the potential for habitat

management may exist. Habitat management will only be an aspect of the

recovery strategy should it be deemed a useful tool. The proposed rule

did not mean to imply that this was a given.

The Service was requested to consider reclassifying the species in

a section of its range. The Act does not provide for the separate

listing or reclassification of plant populations.

Two commenters questioned the protection afforded threatened plants

under the Act. The Service does not believe that protection will be

significantly lessened by reclassification to threatened. The

protection given to this threatened species under sections 7 and 9 of

the Act is essentially the same as when listed as endangered. The only

exception to future protection is the exemption given to seeds from

cultivated specimens of threatened plants. Cultivated Isotria

medeoloides seeds will be exempt from the trade prohibitions of section

9(a)(2) of the Act, provided that a statement of ``cultivated origin''

appears on their containers. However, retention of threatened status

reflects the Service's awareness that threats continue to exist for

Isotria medeoloides, though it is no longer in immediate danger of

extinction.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Isotria medeoloides should

be reclassified as a threatened species. Procedures found in section

4(a)(1) of the Act and regulations implementing the listing provisions

of the Act (50 CFR part 424) for reclassifying species on the Federal

lists were followed. A species may be listed or reclassified as

threatened or endangered due to one or more of the five factors

described in section 4(a)(1). These factors and their application to

Isotria medeoloides (Pursh) Raf. (small whorled pogonia) are as

follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Following the listing of Isotria

medeoloides as endangered, recovery activities carried out by Federal

and State agencies, private organizations, and the academic community

resulted in the discovery of many new sites. The number of extant sites

has more than tripled in the 11 years since the orchid was listed, with

approximately 48 percent of the I. medeoloides sites afforded some

level of protection.

Isotria medeoloides and its habitat continue to be vulnerable to

development pressures throughout its range. With the exception of a few

States, the upland habitat in which it is found receives limited

protection through State or Federal regulatory means when occurring on

private land. Residential and commercial development, both directly and

indirectly, are primarily responsible for the destruction of Isotria

medeoloides habitat. Of the 104 extant I. medeoloides sites, 2 States,

Maine and New Hampshire, account for 57 percent (59 sites) of all of

the known sites. Only 15 of the 59 sites in these 2 States are

protected.

Historical records exist for localities throughout the small

whorled pogonia's range. The habitat of many of these known historical

sites has been destroyed; for example, sites in Vermont, Maryland, New

Jersey, and the District of Columbia were lost to habitat destruction,

primarily from development. Recent intensive efforts to relocate

historical sites in eastern Pennsylvania, New York, Vermont, and

Missouri have been unsuccessful (U.S. Fish and Wildlife Service 1992).

Since the listing of Isotria medeoloides, New Hampshire has seen

the destruction of a large, viable population by the construction of

summer housing and the potential destruction of a second, recently

discovered (1992) population. This second population of over 30 stems

will most likely be severely impacted, if not destroyed, within the

next few years as the habitat is developed for a subdivision. In

Virginia, one of the larger sites will most likely be destroyed within

the next few years as its habitat, and adjoining suitable habitat, is

developed for housing. Without voluntary landowner protection, many

more I. medeoloides populations could be destroyed as development

pressures increase.

Development in areas surrounding Isotria medeoloides habitat could

indirectly be responsible for habitat destruction as roads, power lines

and sewer mains are designed to connect settled areas. In addition,

housing developments, though not necessarily directly destroying

habitat, may cause the alteration of habitat parameters by creating

large, permanent openings in the canopy that in turn encourage denser

understory growth. Disturbance to populations through increased

visitation (however unintentional) from people and pets might also

cause direct damage to plants, and eventually a decline in affected

populations.

This plant primarily appears to reproduce sexually, though little

is known at this time regarding seed dispersal and seed banking. The

formation of barriers to seed dispersal, either through development of

adjacent habitat or from logging or land clearing, may prevent the

recolonization of suitable habitat by naturally declining populations.

Careful and selective logging may not be harmful to a population;

however, heavy timbering and clear-cutting may have long-term impacts

on Isotria medeoloides populations and their habitat. The creation of

logging roads and use of heavy machinery that severely alters soil

composition could significantly modify the habitat and cause the direct

loss of plants.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. The 1982 final listing identified the collecting

for scientific purposes as contributing to the loss of Isotria

medeoloides in the past. Since the listing and the release of both

recovery plans, collecting for these purposes is no longer considered

to be a threat to the species. However, the potential collecting by

wildflower garden enthusiasts for transplanting is still great due to

the rarity of this orchid. One landowner in North Carolina was

literally harassed by orchid and wildflower enthusiasts when a local

garden club publicized the location of his I. medeoloides population

(Nora Murdock, U.S. Fish and Wildlife Service, in litt. 1993).

Furthermore, vandalism of populations (either out of capriciousness or

for private collections) whose locations were publicized continue to be

documented (Rawinski 1986b).

Significant commercial trade in the species is not known or

expected in the future, nor is any significant import or export of this

species expected. Therefore, taking of I. medeoloides for these

purposes is not considered to be a factor in its decline.

C. Disease or predation. Herbivory by white-tailed deer and

invertebrates, including slugs and camel crickets is a known threat of

currently unknown extent. Increasing development pressure near Isotria

medeoloides populations results in the concentration of deer onto

smaller parcels of woodland and may decrease local hunting pressure on

suburban deer populations. As the local deer herd increases and is

forced onto less land, there is a greater likelihood of herbivory on

Isotria medeoloides. In Virginia, the magnitude of threat from deer

browse of I. medeoloides populations may be second only to development

of its habitat (D. Ware, College of William and Mary, pers. comm.

1994). The precipitous decline of a large Virginia I. medeoloides

population located near a housing development, appears to be primarily

due to grazing (Ware 1991). However, symbolic fencing placed around

four subpopulations appears to have prevented deer from grazing on the

orchids. In 1993, no plants were observed to have been browsed, prior

to the fencing a majority of the plants were impacted by deer browse

(D. Ware, pers. comm. 1994).

Additional threats include wild pigs trampling or uprooting I.

medeoloides plants and herbivory by rabbits in the southern portion of

the small whorled pogonia's range (B. Sanders, pers. comm. 1993) and

occasionally trampling or herbivory by moose in the northern portion of

its range.

D. The inadequacy of existing regulatory mechanisms. Isotria

medeoloides is afforded protection by the Endangered Species Act. The

Act prohibits the take of endangered and threatened plants from lands

under Federal jurisdiction or in knowing violation of any State law or

regulation, and prohibits the violation of any regulation pertaining to

any endangered or threatened species of plant. Under the Act, Federal

agencies are required to ensure that their actions do not jeopardize

the continued existence of listed species and must consult (under

section 7) when an activity may affect a listed species or critical

habitat.

Section 7(a)(1) requires Federal agencies to carry out programs for

the conservation of threatened and endangered species. In this respect,

several Federal agencies have intensified their search and protection

efforts on behalf of Isotria medeoloides. In Virginia, the National

Park Service provided funding for research and monitoring, and is

seeking ways to prevent disturbance to sites under its jurisdiction.

The Department of Defense has also facilitated searches and monitoring

of populations at two bases in Virginia. In Georgia, the U.S. Forest

Service has been particularly successful in finding new sites. The

Forest Service in this State conducts plant surveys in areas

potentially impacted by management activities and regularly monitors

known sites (B. Sanders, in litt. 1993). In 1993, two sites were

located on the White Mountain National Forest in New Hampshire. Base

maps for potential I. medeoloides habitat were developed for the White

Mountain National Forest; the Forest Service now consults the Service

on all activities proposed for those areas.

Consultations under section 7 of the Act can provide protection for

this species; a road and sewer main near an Isotria medeoloides

population in Virginia were re-routed to avoid direct destruction of

the plants and their habitat. Coordination with State and local

agencies, as well as private developers, has resulted in the avoidance

of adverse impacts to Isotria medeoloides and its habitat. In

Connecticut, a trail was re-routed to avoid a population in a State

forest.

Additional protection through Federal and State legislation has

been provided since Isotria medeoloides was listed. All States with

current and historical populations have cooperative plant agreements

with the Fish and Wildlife Service as specified under section 6(c)(2)

of the Act. The 1988 amendments to the Act increased protection for

plant species not on Federal lands, where State endangered species laws

provide specific protection to endangered plant species.

Twenty-seven sites have been discovered on lands under State and

Federal jurisdiction and are afforded some level of protection. For

those populations on private lands, conservation easements or

agreements with the landowners have been actively pursued. Eight sites

are on lands owned by private conservation organizations, while two

other sites have deeded conservation easements ensuring the protection

of the plants and their habitat. Some State agencies pursue voluntary

registration of I. medeoloides sites. While such registration does not

guarantee habitat protection, it does seek to recognize the importance

of the site in the hopes of voluntary protection on the part of the

landowners.

The number of States protecting I. medeoloides has increased from 6

in 1985 to include all States in its present range. With the exceptions

of New Jersey, Rhode Island and South Carolina, all States have enacted

laws that prohibit the take of State listed plants, including I.

medeoloides, without the landowner's permission. However, plants

growing on privately owned lands are subject to take by the landowner.

Massachusetts, Michigan and Vermont provide additional protection to

listed plants in that permits are required for take on both private and

public lands.

In Georgia, Isotria medeoloides is protected under a regional

Forest Service Manual regulation, 2670.44 R-8 supp 37. Since this

species is federally listed, it qualifies as a Forest Service Potential

Endangered, Threatened or Sensitive (PET) species, and as such should

receive a level of protection that will lead to identification of

possible recovery opportunities and ensure that no adverse effects

occur to plants on lands under the Forest Service's jurisdiction.

The Service does not believe that reclassification to threatened

status will result in substantive changes in the protection afforded

this species under these regulatory mechanisms.

E. Other natural or manmade factors affecting its continued

existence. Recovery efforts have been directed toward research and

environmental education. A predictive habitat model was developed using

Geographical Information System (GIS); 10 additional sites were

discovered in 1993 using maps delineating potential habitat (Sperduto

1993). Educational materials in the form of posters, brochures and fact

sheets were designed and made available to the general public. Ongoing

research includes the investigation of mycorrhizal relationships (Larry

Zetler, Clemson University, in litt. 1993), and habitat manipulation to

encourage or stabilize I. medeoloides populations (Alison Dibble,

University of Maine, in litt. 1993).

Mycorrhizal associations are important factors in the germination

and seedling establishment of most orchids. Though a mycorrhizal fungus

was isolated from the closely related Isotria verticillata, host-

specific mycorrhizae have not been identified for I. medeoloides.

Alterations to I. medeoloides habitat that adversely affect the

mycorrhizae would also result in adverse impacts to the orchid.

However, until the specific mycorrhizal associate is determined, it

will be difficult to understand the effects of subtle habitat

alteration on the orchid or the fungal community.

Recent monitoring results indicate a decline in viability of many

of the populations that have been followed over a number of years. It

appears that no obvious changes have occurred to the habitat of most of

these populations and no causes for this decline have been determined.

Though life history and demographic studies have provided some clues to

the habitat requirements of this species, there is still a large gap in

the understanding of what is required to maintain viable populations.

Dormancy of Isotria medeoloides plants continues to be a matter of

speculation and debate. The 1985 recovery plan provided preliminary

information that a small whorled pogonia could go dormant for 10 to 20

years. To date, this length of dormancy has not been verified. The

length of dormancy might also vary throughout the range of the orchid.

Mehrhoff (1989b) conducted a 6-year study and observed that no plants

emerged after 3 or more consecutive years; other studies indicate that

plants may be dormant up to 4 years and dormancy may vary by year and

by site (Brumback and Fyler 1988; Vitt 1991). Without better

clarification of specific dormancy periods, it is difficult to

distinguish between a dead or dormant plant.

As adjacent, suitable habitat is developed, precluding the natural

colonization of suitable habitat, management may be the only

alternative for maintaining viable populations. It may be vital to

develop habitat management strategies for existing sites in order to

maintain self-sustaining populations. Without the knowledge of key

habitat characteristics, management and the precise identification of

potential habitat will be impossible. Soil type (including texture and

moisture), nutrient availability, overstory cover, understory density,

slope position and aspect are some of the habitat characteristics that

might be important factors in population viability. Other unknown

parameters include the variation of climatological factors and relative

humidity throughout the species' range, and how these differences

impact population stability, plant reproduction, recolonization and

viability.

The dearth in knowledge of habitat characteristics and life history

information may result in the further decline of many populations

through benign neglect. The 1992 recovery plan identified a number of

tasks required to advance the understanding of Isotria medeoloides in

furtherance of its recovery.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to make this rule

final. Based on this evaluation, the preferred action is to reclassify

this species from endangered status to threatened status. Threatened

status is more appropriate because the number of known populations has

tripled since the species was listed and 61 percent of the current

viable sites are afforded permanent protection. However, it may still

be likely to become an endangered species within the foreseeable future

without additional site protection and further investigation of its

life history and habitat parameters.

Effects of the Rule

This rule changes the status of Isotria medeoloides from endangered

to threatened and formally recognizes that this species is no longer in

imminent danger of extinction throughout a significant portion of its

range. Reclassification to threatened does not significantly alter the

protection for this species under the Act (see Summary of Comments and

Recommendations).

Conservation measures prescribed for Isotria medeoloides would

proceed. The recovery program approved in 1992 prescribes continued

efforts to--(1) protect known Isotria medeoloides populations and

essential habitat; (2) develop habitat management strategies; (3)

manage protected sites; (4) monitor sites and determine viability; (5)

survey for new sites; (6) investigate population dynamics and species

biology; and (7) provide public information and education.

Many State and Federal agencies continue to monitor extant sites

and search for new ones. The application of a predictive model should

further assist in the location of new sites in New England.

Investigations into the genetic structure of this species, the

mycorrhizal relationships, and the development of habitat management

measures have been targeted in the 1992 recovery plan as important

tasks. These activities are either ongoing or proposed for the near

future. Recovery activities are not expected to diminish as a result of

this reclassification since the primary objective of the recovery

strategy is delisting of the species.

This action will not be an irreversible commitment on the part of

the Service. Reclassifying Isotria medeoloides to endangered would be

possible should changes occur in management, habitat, or other factors

that alter the present threats to the species' survival and recovery.

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, 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

Brumback, W.E., and C.W. Fyler. 1988. Monitoring of Isotria

medeoloides in New Hampshire--1988. Wildflower notes 3 (1):32-40.

New England Wild Flower Society. Framingham, MA.

Dixon P., and R. Cook. 1988. Attempts to relocate Isotria

medeoloides in New York State. Unpublished report. Cornell

Plantations, Ithaca, NY. 3 pp.

Mehrhoff, L.A. 1980. The reproductive biology of the genus Isotria

(Orchidaceae) and the ecology of Isotria medeoloides. M.S. Thesis,

University of North Carolina, Chapel Hill, N.C. pp. 17-23.

Mehrhoff, L.A. 1989a. Reproductive vigor and environmental factors

in populations of an endangered North American orchid, Isotria

medeoloides (Pursh) Rafinesque. Biological Conservation 47: 281-296.

Mehrhoff, L.A. 1989b. The dynamics of declining populations of an

endangered orchid, Isotria medeoloides. Ecology 70 (3): 783-786.

Rawinski, T. 1986a. Element stewardship abstract for Isotria

medeoloides (Pursh) Raf. Unpublished report. Eastern Heritage Task

Force, The Nature Conservancy, Boston, MA. 16 pp.

Rawinski, T. 1986b. Vandalism of the small whorled pogonia.

Endangered Species Technical Bulletin. U.S. Fish and Wildlife

Service. Vol. XI(12): 6.

Sperduto, M. 1993. Use of a geographic information system (GIS) to

predict potential habitat for Isotria medeoloides (Pursh)Raf. in New

Hampshire and Maine. M.S. Thesis, University of New Hampshire,

Durham, New Hampshire. 106 pp.

U.S. Fish and Wildlife Service. 1982. Endangered and threatened

wildlife and plants; Determination of Isotria medeoloides (small

whorled pogonia) to be an endangered species. Federal Register vol.

47(176): 39827-39831.

U.S. Fish and Wildlife Service. 1985. Small whorled pogonia recovery

plan. Newton Corner, MA. 38 pp.

U.S. Fish and Wildlife Service. 1992. Small whorled pogonia (Isotria

medeoloides) recovery plan, first revision. Newton Corner, MA. 75

pp.

U.S. Fish and Wildlife Service. 1993. Endangered and threatened

wildlife and plants; Proposed rule to reclassify the Plant Isotria

medeoloides (small whorled pogonia) from endangered to threatened.

Federal Register vol. 58(200): 53904-53909.

Vitt, P. 1991. Conservation of Isotria medeoloides: A federally

endangered terrestrial orchid. M.S. Thesis, University of Maine,

Orono, ME. 40 pp.

Ware, D.M.E. 1991. Small Whorled Pogonia (pp. 95-97). In: Karen

Terwilliger, coord. Virginia's Endangered Species. Nongame and

Endangered Species Program, Virginia Department of Game and Inland

Fisheries. The McDonald and Woodward Publishing Company, Blacksburg,

VA. 672 pp.

Author

The primary author of this proposed rule is Susanna von Oettingen

(see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended 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. Section 17.12(h) is amended by revising the ``Status'' column in

the existing entry for ``Isotria medeoloides (Small whorled pogonia)''

under ``Orchidaceae'' on the List of Endangered and Threatened Plants

to read ``T'' instead of ``E'' and the ``When Listed'' column to read

``122, 556''.

Dated: September 9, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-24713 Filed 10-5-94; 8:45 am]

BILLING CODE 4310-55-P