PROPOSED RULEMAKING
DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
[17 PA. CODE CH. 45]
Conservation of Pennsylvania Native Wild Plants
[52 Pa.B. 5476]
[Saturday, August 27, 2022]
The Department of Conservation and Natural Resources (Department), under the authority of section 5307(c) of the Wild Resource Conservation Act (WRCA) (32 P.S. § 5307(c)) and sections 305(a)(9) and 313(g) of the Conservation and Natural Resources Act (CNRA) (71 P.S. §§ 1340.305(a)(9) and 1340.313(g)), proposes to amend Chapter 45 (relating to conservation of Pennsylvania native wild plants) as set forth in Annex A.
Purpose
The purpose of this proposed rulemaking is to amend Chapter 45 by updating Pennsylvania native wild plant species classification lists, including certain scientific names, common names and reference sources. (32 P.S. § 5307(c) and 71 P.S. §§ 1340.305(a)(9) and 1340.313(g)).
Discussion
The WRCA (32 P.S. §§ 5301—5314), inter alia, established a procedure for protection of wild flora/plants in this Commonwealth, including imposing powers and duties on the Department of Environmental Resources to investigate, classify and provide for the conservation of Pennsylvania wild plant populations.
The CNRA (71 P.S. §§ 1340.101—1340.1103), which, inter alia, created the Department (71 P.S. § 1340.301) and renamed the Department of Environmental Resources as the Department of Environmental Protection (DEP) (71 P.S. § 1340.501), provided that the Department shall exercise the powers and duties conferred upon the Department of Environmental Resources by the WRCA (71 P.S. § 1340.305(a)(9)), including issuing and modifying regulations (71 P.S. § 1340.313(g)).
The Department proposes to amend the conservation of Pennsylvania native wild plants regulations to update the following Pennsylvania native wild plant species classification lists, including updating certain scientific names, common names and reference sources: Pennsylvania Extirpated (§ 45.11), Pennsylvania Endangered (§ 45.12), Pennsylvania Threatened (§ 45.13), Pennsylvania Rare (§ 45.14) and Tentatively Undetermined (§ 45.21). The updates to the Pennsylvania native wild plant species classification lists include the following: (1) adding plant species to a classification list that are currently unclassified, (2) reclassifying plant species already on a classification list to a new classification and (3) removing plant species from the classification lists altogether (declassifying them).
This proposed rulemaking includes a total of 82 substantive changes to the conservation of Pennsylvania native wild plant regulation species classification lists as follows: (1) 24 currently unclassified native wild plant species will be newly classified, (2) 28 currently classified native wild plant species will be reclassified, including 3 species whose scientific names are changing/being updated (technically these are shown as the ''old'' name being unclassified and the ''new'' name being classified) and (3) 30 currently classified native wild plant species will be unclassified.
The proposed amendments to the Pennsylvania native wild plant species classification lists include updates to the scientific names for three native wild plant species and the common name for one native wild plant species. As botanical taxonomists make new discoveries about species, the Department's standard reference, Ann Fowler Rhoads and Timothy A. Block, The Plants of Pennsylvania: An Illustrated Manual Second Edition (2007), Philadelphia, Pennsylvania: University of Pennsylvania Press (The Plants of Pennsylvania), may not include the most up-to-date nomenclature. In this proposed rulemaking, when the proposed new name is not found in the standard reference, the alternate source is provided in parentheses.
Process of classifying native wild plants in this Commonwealth
Native wild plant species are those plant species that existed in this Commonwealth prior to European settlement. There are approximately 2,800 native wild plant species that currently exist or formerly existed in this Commonwealth. The Department classifies approximately 1/5 of these species because they are a conservation concern. The other 4/5 of these species are considered secure and thus not classified.
The Department begins the process of classifying native wild plants by collecting and analyzing data on native wild plant species in this Commonwealth. The Department uses the following data to make its classification decisions: numbers of populations known in this Commonwealth; number of individuals within populations; the plant's range (within the United States and within this Commonwealth); threats such as pests, invasive species and habitat loss; decrease or increase in population numbers; and taxonomic information. (Note, this list is not exhaustive.) The Department analyzes this data to determine the population, distribution, habitat needs, limiting factors and other biological and ecological information about each plant species.
To make classification decisions, the Department uses data referred to as ''State ranks.'' In this Commonwealth, each plant species receives a State rank from the Pennsylvania Natural Heritage Program (Program). The Program assigns these ranks based on a methodology created by NatureServe, an international network of natural heritage programs. The purpose of NatureServe's methodology is to bring consistency to the biodiversity conservation efforts of individuals and organizations throughout the Western Hemisphere. This methodology is used across North America, Central America and South America. By using this standard tool, the Department ensures its evaluation methods are, at a minimum, equivalent to those of other states and countries in the western hemisphere and that its classification decisions are based on sound science.
Throughout this process, the Department also receives data, information and recommendations from the Pennsylvania Biological Survey's Vascular Plant TechnicalCommittee (Committee). The Committee is composed of professional botanists working throughout this Commonwealth in academic, consulting, governmental and conservation organizations. Each year, the Committee makes classification recommendations for native wild plants based on the research and expertise of its professional botanists.
The Department assimilates and reviews all data and recommendations it collects and receives and determines the appropriate classifications for each native wild plant species under the definitions in Chapter 45. This review process occurs continuously, as botanists are continually learning more about native wild plant species populations and threats. The Department will continue to update its classification lists as needed to reflect changes to native wild plant conservation needs.
Native wild plant classifications
How plants are classified determines the ''management measures necessary for their continued ability to sustain themselves successfully.'' (32 P.S. § 5307(a)). Native wild plant species that are at risk of extinction in this Commonwealth need greater protection than those less susceptible to that risk. Chapter 45 designates the level of risk facing Pennsylvania's native wild plant species by classifying them as follows:
Pennsylvania Extirpated (§ 45.11)—A classification of plant species believed to be extinct in this Commonwealth. If a plant species classified as Pennsylvania Extirpated is later found to exist in this Commonwealth, it will automatically be considered classified as Pennsylvania Endangered.
Pennsylvania Endangered (§ 45.12)—A classification of plant species that are in danger of extinction throughout most or all of their natural range in this Commonwealth, if critical habitat is not maintained or if the species is greatly exploited by man. This classification also includes populations of plant species that have been classified as Pennsylvania Extirpated, but are subsequently found to exist in this Commonwealth.
Pennsylvania Threatened (§ 45.13)—A classification of plant species that may become endangered throughout most or all of their natural range in this Commonwealth, if critical habitat is not maintained to prevent their further decline, or if the species is greatly exploited by man.
Pennsylvania Rare (§ 45.14)—A classification of plant species that are uncommon in this Commonwealth because they have low population numbers, or are only found in restricted geographic areas.
Pennsylvania Vulnerable (§ 45.15)—A classification of plant species that are in danger of population decline in this Commonwealth because of their beauty, economic value, use as a cultivar or other factors which indicate that persons may seek to remove these species from their native habitats.
Special Concern Population (§ 45.20)—A classification of plant species that the Department has determined to be a unique occurrence deserving protection. Among the factors used to classify a plant species as a Special Concern Population are the existence of unusual geographic locations, unisexual populations or extraordinarily diverse plant populations.
Tentatively Undetermined (§ 45.21)—A classification of plant species that are in danger of population decline, but do not meet the criteria for any other classification due to taxonomic uncertainties, limited historical records or insufficient data.
Updating species nomenclature
This proposed rulemaking updates the scientific and common names of certain native wild plant species to conform to the Department's taxonomic source material. The Department's reference source for the nomenclature used to identify species taxonomy in Chapter 45 is The Plants of Pennsylvania. When the species name is not found there, the reference source will be provided in parentheses. Additionally, this proposed rulemaking will correct minor grammatical errors and misspellings of species names.
Pennsylvania Natural Diversity Inventory
The proposed amendments will be incorporated into the Pennsylvania Natural Diversity Inventory (PNDI). PNDI is a database that maintains the Department's list of native wild plant classifications, as well as native rare wildlife classifications from the Game Commission, the Fish and Boat Commission and the United States Fish and Wildlife Service. PNDI provides the most current, reliable and objective scientific information about ecological resources in this Commonwealth and it is used to help inform environmental decisions in this Commonwealth. Most notably, DEP uses PNDI to inform its environmental permitting decisions.
The overwhelming majority of PNDI users use PNDI as part of the process of obtaining a DEP permit. DEP requires permit applicants to screen their land use projects through PNDI for potential impacts to threatened or endangered species to receive a DEP permit. Threatened and endangered plant species are thereby protected by DEP's permitting process.
Although this proposed rulemaking will result in updates to the plant data in PNDI, it will not affect DEP's permitting process. The process of obtaining a DEP permit is beyond the scope of this proposed rulemaking; instead, PNDI's connection to this proposed rulemaking is limited to its use of the plant data that will result from the amendments made by this proposed rulemaking. Person, businesses, small businesses or organizations will not be required to invest in any additional administrative procedures as a direct result of this proposed rulemaking.
Finally, because this proposed rulemaking will remove more species from classifications than it adds, there may be fewer classified plant species for prospective DEP permit applicants to account for when applying for a DEP permit. Depending on the project type, location and classified plant species in question, prospective DEP permit applicants may see no change in the amount of mitigation required to address impacts to threatened and endangered species in fulfilling permit requirements.
Summary of this Proposed Rulemaking
Section 45.11 is proposed to be amended to update the Pennsylvania Extirpated native wild plant species classification list, including scientific and common names, as follows.
The following Pennsylvania native wild plant species are proposed to be added to the Pennsylvania Extirpated native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Acalypha deamii (Weath.) Ahles | Two-Seeded Copperleaf |
| Cuscuta coryli Engelm. | Hazel Dodder |
| Cyperus retrorsus Chapm. | Retrorse Flatsedge |
| Gymnopogon ambiguus (Michx.) Britton, Stearns & Poggenb. | Broad-Leaved Beardgrass |
| Utricularia subulata L. | Slender Bladderwort |
The following Pennsylvania native wild plant species are proposed to be deleted from the Pennsylvania Extirpated native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Carex alopecoidea Tuckerman | Foxtail Sedge |
| Distichlis spicata (L.) Greene | Sea-Shore Salt-Grass |
| Hypericum gymnanthum Engelm. & A. Gray | Clasping-Leaved St. John's-Wort |
| Matelea carolinensis (Jacq.) Woods. | Carolina Milkvine |
| Myrica heterophylla Raf. | Evergreen Bayberry |
Section 45.12 is proposed to be amended to update the Pennsylvania Endangered native wild plant species classification list, including scientific and common names, as follows.
The following Pennsylvania native wild plant species are proposed to be added to the Pennsylvania Endangered native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Aletris farinosa L. | Colic-Root |
| Arnoglossum reniforme (Hook.) H. E. Robins. | Great Indian Plantain |
| Asplenium bradleyi D. C. Eaton | Bradley's Spleenwort |
| Astragalus canadensis L. | Canadian Milk-Vetch |
| Bidens bidentoides (Nutt.) Britton | Swamp Beggar-Ticks |
| Camassia scilloides (Raf.) Cory | Wild Hyacinth |
| Carex lupuliformis Sartwell | False Hop Sedge |
| Carex roanensis F. J. Herm (Source: Flora of Southeastern United States, Weakley 2020) | Roan Mountain Sedge |
| Carex schweinitzii Schwein. | Schweinitz's Sedge |
| Carex sterilis Willd. | Sterile Sedge |
| Corallorhiza wisteriana Conrad | Spring Coral-Root |
| Cypripedium reginae Walter | Show Lady's-Slipper |
| Fraxinus quadrangulata Michx. (Source: Flora of Southeastern United States, Weakley 2020) | Blue Ash |
| Gaylussacia brachycera (Michx.) A. Gray | Box Huckleberry |
| Gratiola aurea Muhl. ex Pursh | Golden Hedge-Hyssop |
| Hierochloe hirta (Schrank) Borbás (Source: Flora of Southeastern United States, Weakley 2020) | Common Northern Sweet Grass |
| Hypericum gymnanthum Engelm. & A. Gray | Clasping-Leaved St. John's-Wort |
| Lysimachia hybrida Michx. | Lance-Leaved Loosestrife |
| Lythrum alatum Pursh | Winged Loosestrife |
| Marshallia pulchra W. M. Knapp, D. B. Poind. & Weakley (Source: Flora of Southeastern United States, Weakley 2020) | Beautiful Barbara's Buttons |
| Salix candida Flüggé ex Willd. | Hoary Willow |
| Spiraea corymbosa Rafinesque (Source: Flora of Southeastern United States, Weakley 2020) | Dwarf Spiraea |
| Trifolium stoloniferum Eaton (Source: Flora of the Southeastern United States, Weakley 2020) | Running Buffalo Clover |
| Viola glaberrima (Ging.) House (Source: Flora of Southeastern United States, Weakley 2020) | Wedge-leaved violet |
The following Pennsylvania native wild plant species are proposed to be deleted from the Pennsylvania Endangered native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Carex collinsii Nutt. | Collins' Sedge |
| Carex gravida Bailey | Heavy Sedge |
| Cyperus acuminatus Torr. & Hook. | Short-Pointed Flatsedge |
| Cyperus retrorsus Chapm. | Retrorse Flatsedge |
| Desmodium humifusum (Muhl.) Beck | Trailing Tick-Trefoil |
| Diarrhena obovata (Gleason) Brandenburg | Obovate Beakgrain |
| Glyceria borealis (Nash) Batch. | Small-Floating Mannagrass |
| Gymnopogon ambiguus (Michx.) Britton, Stearns & Poggenb. | Broad-Leaved Beardgrass |
| Juncus longii Fern. | Long's Rush |
| Marshallia grandiflora Beadle & F. E. Boynton | Large-flowered Marshallia |
| Passiflora lutea L. | Passion-Flower |
| Thalictrum coriaceum (Britton) Small | Thick-Leaved Meadow-Rue |
| Vitis novae-angliae Fernald | New England Grape |
Section 45.13 is proposed to be amended to update the Pennsylvania Threatened native wild plants classification list, including scientific and common names, as follows.
The following Pennsylvania native wild plant species are proposed to be added to the Pennsylvania Threatened native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Ageratina aromatica (L.) Spach | Small White-Snakeroot |
| Arabis patens Sull. | Spreading Rockcress |
| Asclepias verticillata L. | Whorled milkweed |
| Bromus kalmii A. Gray | Kalm's Brome |
| Carex collinsii Nutt. | Collins' Sedge |
| Carex longii Mack. | Long's Sedge |
| Castilleja coccinea (L.) Spreng. | Eastern Paintbrush |
| Galium latifolium Michx. | Purple Bedstraw |
| Passiflora lutea L. | Passion-Flower |
| Platanthera ciliaris (L.) Lindl. | Yellow Fringed-Orchid |
| Ranunculus ambigens S. Watson | Water-Plantain Spearwort |
| Solidago roanensis Porter | Mountain Goldenrod |
| Stellaria borealis Bigelow | Northern Stitchwort |
| Thalictrum coriaceum (Britton) Small | Thick-Leaved Meadow-Rue |
The following Pennsylvania native wild plant species are proposed to be deleted from the Pennsylvania Threatened native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Actaea podocarpa DC | American Bugbane |
| Asplenium bradleyi D. C. Eaton | Bradley's Spleenwort |
| Bidens bidentoides (Nutt.) Britt. | Swamp Beggar-Ticks |
| Camassia scilloides (Raf.) Cory | Wild Hyacinth |
| Carex paupercula Michx. | Bog Sedge |
| Carex schweinitzii Schwein. | Schweinitz's Sedge |
| Carex sterilis Willd. | Atlantic Sedge |
| Cypripedium reginae Walter | Showy Lady's-Slipper |
| Digitaria cognatum (Schultes) Pilger | Fall Witch-Grass |
| Gaylussacia brachycera (Michx.) A. Gray | Box Huckleberry |
| Salix candida Flüggé ex Willd. | Hoary Willow |
| Spiraea betulifolia Pallas var. corymbosa (Raf.) Maxim. | Dwarf Spiraea |
Section 45.14 is proposed to be amended to update the Pennsylvania Rare native wild plant species classification list, including scientific and common names, as follows.
The following Pennsylvania native wild plant species are proposed to be added to the Pennsylvania Rare native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Actaea podocarpa DC | Mountain Bugbane |
| Andropogon gyrans Ashe | Elliott's Beardgrass |
| Asplenium pinnatifidum Nutt. | Lobed Spleenwort |
| Bartonia paniculata ssp. paniculata (Michx.) Muhl. | Screw-Stem |
| Carex buxbaumii Wahlenb. | Brown Sedge |
| Carex paupercula Michx. | Bog Sedge |
| Erythronium albidum Nutt. | White Trout-Lily |
| Juncus biflorus Elliott | Grass-Leaved Rush |
| Lorinseria areolata (Linnaeus) C. Presl. (Source: Flora of the Southeastern United States, Weakley 2020) | Netted Chain Fern |
The following Pennsylvania native wild plant species are proposed to be deleted from the Pennsylvania Rare native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Aplectrum hyemale (Muhl. ex Willd.) Nutt. | Puttyroot |
| Baccharis halimifolia L. | Eastern Baccharis |
| Collinsia verna Nutt. | Spring Blue-Eyed Mary |
| Eleocharis olivacea Torr. | Capitate Spike-Rush |
| Solidago roanensis Porter | Tennessee Golden-Rod |
| Tipularia discolor (Pursh) Nutt. | Cranefly Orchid |
Section 45.21 is proposed to be amended to update the Pennsylvania Tentatively Undetermined native wild plant species classification list, including scientific and common names, as follows.
The following Pennsylvania native wild plant species are proposed to be deleted from the Pennsylvania Tentatively Undetermined native wild plant species classification list:
| Scientific Name | Common Name |
|---|
| Adiantum pedatum L. ssp. caulderi Cody | Northern Maidenhair Fern |
| Aletris farinosa L. | Colic-Root |
| Ambrosia psilostachya DC. | Naked-Spiked Ambrosia |
| Carex buxbaumii Wahlenb. | Brown Sedge |
| Carex longii Mack. | Long's Sedge |
| Carex lupuliformis Sartwell | False Hop Sedge |
| Carex mesochorea Mack. | Midland Sedge |
| Castilleja coccinea (L.) Spreng. | Scarlet Indian Paintbrush |
| Corallorrhiza wisteriana Conrad | Spring Coral-Root |
| Cuscuta corylii Engelm. | Hazel Dodder |
| Cyperus odoratus L. | Rusty Flatsedge |
| Elatine minima (Nutt.) Fisch. & C. A. Mey | Small Waterwort |
| Elymus virginicus L. var. submuticus Hook. | Wild Rye |
| Gratiola aurea Muhl. ex Pursh | Golden Hedge-Hyssop |
| Juncus biflorus Elliott | Grass-Leaved Rush |
| Lythrum alatum Pursh | Winged Loosestrife |
| Oxydendrum arboreum (L.) DC. | Sourwood |
| Platanthera ciliaris (L.) Lindl. | Yellow Fringed Orchid |
| Rorippa palustris (L.) Besser var. palustris (Gleason, H. A. and Cronquist, A., Manual of Vascular Plants of Northeastern United States and Adjacent Canada, 1991, Second Edition) | Yellow Cress |
| Salix petiolaris Sm. | Meadow Willow |
| Salvia reflexa Hornem. | Lance-Leaved Sage |
| Viola tripartita Elliott | Three-parted Violet |
Summaries of the changes to the lists of classified plants, including very brief descriptions and reasons for the changes, follow. Additional detailed information on reasons for the changes can be found in the Department's Native Wild Plant Species Accounts (2022) on the Department's Rare, Threatened and Endangered Plants web site (click on ''2022 Plant Species Accounts'' or copy and paste the following URL: http://elibrary.dcnr.pa.gov/Get Document?docId=3709763&DocName=Native%20Wild%20 Plant%20Species%20Accounts%202021.pdf).
Newly Classified Plant Species
| Scientific Name | Common Name | Current Status | Proposed
Status | Habitat/
Identification | Reason for Change |
|---|
| Acalypha deamii (Weath.) Ahles | Two-Seeded Copperleaf | N | PX | moist woods or riparian woods; flowers and fruits late summer—fall | only one population was known and not observed since 1900s (0 populations) |
| Ageratina aromatica (L.) Spach | Small-Leaved White-Snakeroot | N | PT | dry wood, poor soils, sandy open areas, serpentine soils; blooms August—October | population decline, specialized habitat
(7 populations) |
| Andropogon gyrans Ashe | Elliott's Beardgrass | N | PR | dry or moist fields, open woods; blooms September—October | limited, geographic distribution, threats to existing populations
(32 populations) |
| Arabis patens Sull. | Spreading Rockcress | N | PT | moist, rocky woods; flowers April—July | globally vulnerable, population declines, sensitive habitat
(10 populations) |
| Arnoglossum reniforme (Hook.) H. E. Robins. | Great Indian Plantain | N | PE | wet woods and floodplains, seepage woodlands; flowers June—September | population decline, extreme rarity
(1 population) |
| Asclepias verticillata L. | Whorled Milkweed | N | PT | dry rocky, sandy soils or barrens; flowers July—August | population declines, sensitive and
limited habitat
(10 populations) |
| Asplenium pinnatifidum Nutt. | Lobed Spleenwort | N | PR | crevices of dry, lightly shaded cliffs of non-calcareous rocks | population declines, habitat fragmentation (27 populations) |
| Astragalus canadensis L. | Canadian Milk-vetch | N | PE | limestone soils and open rocky or shale-rich areas and barrens; flowers late June—early August | population declines, invasive species; limestone habitats tend to be at risk
(7 populations) |
| Bartonia paniculata ssp. paniculata (Michx.) Muhl. | Screw-Stem | N | PR | bogs and edges of peaty wetlands; flowers August—October | small number of individuals in populations, limited to boggy open wetlands; but tolerates some disturbed habitat
(63 populations) |
| Bromus kalmii A. Gray | Kalm's Brome | N | PT | rocky wooded slopes and dry to moist, woods; flowers June—July | population decline; succession, invasive plants and habitat loss (12 populations) |
| Carex roanensis F. J. Herm (Source: Flora of the Southeastern United States, Weakley 2020) | Roan Mountain Sedge | N | PE | rich, moist woods, often dominated by beech trees; fruits in early summer | globally-rare species, very few and small populations, recently found in Pennsylvania
(4 populations) |
| Erythronium albidum Nutt. | White Trout-Lily | N | PR | rich wooded slopes and floodplains on calcareous soil; flowers late April | population declines, small population sizes, geographically limited; threatened by invasive plants and habitat loss
(48 populations) |
| Fraxinus quadrangulata Michx. (Source: Flora of the Southeastern United States, Weakley 2020) | Blue Ash | N | PE | moist to dry calcareous woodlands and forests | extreme rarity; threatened by forest pest emerald ash borer (1 population) |
| Galium latifolium Michx. | Purple Bedstraw | N | PT | woods, rocky slopes and roadsides; flowers June—July | populations have few individuals making it more vulnerable to disturbance
(23 populations) |
| Hierochloe hirta (Schrank) Borbás (Source: Flora of the Southeastern United States, Weakley 2020) | Common Northern Sweet Grass | N | PE | fens, wet meadows, pastures and marsh edges; flowers April—August | extreme rarity, habitat threatened by invasive species, and fen and wetland impacts
(4 populations) |
| Lorinseria areolata (Linnaeus) C. Presl. (Source: Flora of the Southeastern United States, Weakley 2020) | Netted Chain Fern | N | PR | moist or wet woods and acidic bogs | found in low numbers in Pennsylvania, in a restricted geographic distribution, limited by habitat
(37 populations) |
| Lysimachia hybrida Michx. | Lance-Leaved Loosestrife | N | PE | swamps, wet meadows, fens and pond margins; flowers June—August | small populations, habitat loss and impacts to temporary ponds (5 populations) |
Marshallia pulchra
W. M. Knapp, D. B. Poind. & Weakley (Source: Flora of the Southeastern United States, Weakley 2020) | Beautiful Barbara's Buttons | N | PE | high-energy river scour habitat; flowers mid-June—mid-July | all populations of Marshallia grandiflora were redetermined to be Marshallia pulchra, extremely limited habitat
(16 populations) |
| Ranunculus ambigens S. Watson | Water-Plantain Spearwort | N | PT | low wet ground, swamps, and muddy ditches; flowers May through August | population declines, small populations; threatened by deer pressure, changes in hydrology and invasive plants
(10 populations) |
| Spiraea corymbosa Rafinesque (Source: Flora of the Southeastern United States, Weakley 2020) | Dwarf Spiraea | N | PE | rocky, wooded slopes; flowers June | population decline due to loss of habitat; name change from Spiraea betulifolia Pallas var. corymbosa (Raf.) Maxim. to Spiraea corymbosa Raf. (4 populations) |
| Stellaria borealis Bigelow | Northern Stitchwort | N | PT | slopes with springs, sphagnous swamps and stream banks; flowers May—August | population decline due to habitat loss, contracting habitat range (20 populations) |
| Trifolium stoloniferum Eaton (Source: Flora of the Southeastern United States, Weakley 2020) | Running Buffalo Clover | N | PE | Dry upland woodlands and prairies in Pennsylvania southwest; flowers | Federally-listed species recently discovered in Pennsylvania, very few populations and globally rare plant (5 populations) |
| Utricularia subulata L. | Slender Bladderwort | N | PX | open wet, mucky or sandy soil; flowers June—August | known only from one herbarium specimen from 1900s, but surveys have not relocated it
(0 populations) |
| Viola glaberrima (Gingins) H. House (Source: Flora of the Southeastern United States, Weakley 2020) | Wedge-Leaved Violet | N | PE | rich, moist forests on lower slopes and bottomlands; flowers late April—May | extremely rare; populations of Viola glaberrima were previously attributed to Viola tripartita
(2 populations) |
Key: N: Currently Unclassified; PX: § 45.11 Pennsylvania Extirpated; PE: § 45.12 Pennsylvania Endangered; PT: § 45.13 Pennsylvania Threatened; PR: § 45.14 Pennsylvania Rare; PV: § 45.15 Pennsylvania Vulnerable; TU: § 45.21 Tentatively Undetermined
Currently Classified Plants Being Reclassified
| Scientific Name | Common Name | Current Status | Proposed
Status | Habitat/
Identification | Reason for Change |
|---|
| Actaea podocarpa DC | Mountain Bugbane | PT | PR | rich, wet woody slopes and coves; flowers in August | more populations than previously thought, but still uncommon and geographically limited
(50 populations) |
| Aletris farinosa L. | Colic-Root | TU | PE | moist clearings in southeastern PA; flowers May—July | multiple threats to habitat, population decline, very few sites remaining with small population sizes
(3 populations) |
Asplenium bradleyi
D. C. Eaton | Bradley's Spleenwort | PT | PE | crevices of dry, shaded acidic rock outcrops | population declines, habitat loss or degradation
(6 populations) |
| Bidens bidentoides (Nutt.) Britton | Swamp Beggar-Ticks | PT | PE | muddy tidal areas; flowers September—October | globally uncommon, limited to special habitat, population decline (9 populations) |
| Camassia scilloides (Raf.) Cory | Wild Hyacinth | PT | PE | moist woods; flowers April—May | extremely rare, habitat subject to conversion and invasive species
(4 populations) |
| Carex buxbaumii Wahlenb. | Brown Sedge | TU | PR | calcareous wet areas including grasslands, meadows, swales, and wet woods; fruits in summer | relatively few populations and found in a restricted geographic range, habitat fragmentation (22 populations) |
| Carex collinsii Nutt. | Collins' Sedge | PE | PT | acidic swamps and boggy woods; fruits in summer | more populations than previously thought, but still limited by habitat availability (18 populations) |
| Carex longii Mack. | Long's Sedge | TU | PT | wet, sandy soils in swamps, thickets and meadows; fruits in summer | population declines, invasion, herbivory, habitat loss
(15 populations) |
| Carex lupuliformis Sartwell | False Hop Sedge | TU | PE | vernal pools and other wet areas on calcareous substrates; fruits in summer | population declines, invasive plants, succession, impact to wetlands
(11 populations) |
| Carex paupercula Michx. | Bog Sedge | PT | PR | sphagnum bogs and boggy woods; fruits in summer | more populations than previously thought but still restricted by geographic range
(45 populations) |
| Carex schweinitzii Schwein. | Schweinitz's Sedge | PT | PE | calcareous marshes and stream banks; fruits in summer | globally-uncommon species, very few populations, range constricted, specialized habitat
(6 populations) |
| Carex sterilis Willd. | Sterile Sedge | PT | PE | calcareous swamps and fens; fruits in summer | steep population decline, small population sizes. Changing common name from Atlantic Sedge to Sterile Sedge (8 populations) |
| Castilleja coccinea (L.) Spreng. | Eastern Paintbrush | TU | PT | parasitic on the roots of other plants; moist meadows, on limestone and diabase; flowers April—June | population declines, limited by limestone or diabase soils
(15 populations) |
| Corallorhiza wisteriana Conrad | Spring Coral-Root | TU | PE | rocky, wooded slopes on limestone and diabase; flowers April—June | population decline, small population sizes, orchid species vulnerable to collection
(5 populations) |
| Cuscuta coryli Engelm. | Hazel Dodder | TU | PX | dry rocky woods, clearings and hillsides where it is parasitic on various shrubs and herbs; flowers June—Sept. fruits July—October | last observed in 1950s, field surveys failed to relocate. Also correcting minor spelling mistake (changing to ''coryli'') (0 populations) |
| Cyperus retrorsus Chapm. | Retrorse Flatsedge | PE | PX | dry, open, sandy areas and ballast; flowers and fruits mid-summer to early fall | not observed in 50 years after surveys; habitat destroyed
(0 populations) |
| Cypripedium reginae Walter | Show Lady's-Slipper | PT | PE | fens and swamps; flowers May—June | population decline; threatened by impacts to wetland habitat, deer herbivory and poaching
(7 populations) |
| Gaylussacia brachycera (Michx.) A. Gray | Box Huckleberry | PT | PE | well-drained open woods; flowers May, fruits August | globally-rare, slow growing and low germination rates, extreme rarity
(3 populations) |
| Gratiola aurea Muhl. ex Pursh | Golden Hedge-Hyssop | TU | PE | moist or wet soils along streams or ponds; flowers July—August | population declines, extreme rarity (3 populations) |
| Gymnopogon ambiguus (Michx.) Britton, Stearns & Poggenb. | Broad-Leaved Beardgrass | PE | PX | serpentine barrens; flowers July—early October | one historic location was known, now destroyed, not observed elsewhere
(0 populations) |
| Hypericum gymnanthum Engelm. & A. Gray | Clasping-Leaved St. John's-Wort | PX | PE | muddy, wet areas; flowers July—September | globally uncommon species; thought to be extirpated but rediscovered
(1 population) |
| Juncus biflorus Elliott | Grass-Leaved Rush | TU | PR | moist, open woods, boggy fields, gravel pits and ditches; flowers and fruits in summer | uncommon, with geographic limitations; populations have small numbers of individuals that are more vulnerable to disturbance
(39 populations) |
| Lythrum alatum Pursh | Winged Loosestrife | TU | PE | swamps, wet meadows, marshy shores, and ditches; flowers early July—September | severe population declines, wetland habitat is threatened by degradation and invasive plants, extremely rare
(1 population) |
| Passiflora lutea L. | Passion-Flower | PE | PT | moist stream bank thickets; flowers July | more populations recently observed, still uncommon Statewide and small populations (20 populations) |
| Platanthera ciliaris (L.) Lindl. | Yellow Fringed-Orchid | TU | PT | bogs, moist meadows and woods; flowers July—August | population declines, small variable populations; requires wetland soil but can tolerate some disturbance
(32 populations) |
| Salix candida Flüggé ex Willd. | Hoary Willow | PT | PE | wet meadows and fens on calcareous soils | extreme rarity; limited by habitat, population decline
(2 populations) |
| Solidago roanensis Porter | Mountain Goldenrod | PR | PT | rocky banks, roadsides, woods and edges; flowers August—September | population decline, range constricted
(10 populations) |
| Thalictrum coriaceum (Britton) Small | Thick-Leaved Meadow-Rue | PE | PT | rich, rocky woods, thickets and moist alluvium; blooms late May—June | more populations discovered, but still uncommon, limited by habitat availability (21 populations) |
Key: PX: § 45.11 Pennsylvania Extirpated; PE: § 45.12 Pennsylvania Endangered; PT: § 45.13 Pennsylvania Threatened; PR: § 45.14 Pennsylvania Rare; PV: § 45.15 Pennsylvania Vulnerable; TU: § 45.21 Tentatively Undetermined
Classified Plant Species Being Declassified
| Scientific Name | Common Name | Current Status | Proposed Status | Habitat/
Identification | Reason for Change |
|---|
| Adiantum pedatum L. ssp. caulderi Cody | Northern Maidenhair Fern | TU | DC | rich, deciduous woodland; incorrectly thought to inhabit serpentine barrens | not found in Pennsylvania
(0 populations) |
| Ambrosia psilostachya DC. | Naked-Spiked Ambrosia | TU | DC | sandy shores or meadows; blooms August—October | not native to Pennsylvania |
| Aplectrum hyemale (Muhl. ex Willd.) Nutt. | Puttyroot | PR | DC | moist, rich, wooded slopes and bottomlands; blooms May—August | more common than previously thought, may not be limited by habitat (at least 64 populations) |
| Baccharis halimifolia L. | Eastern Baccharis | PR | DC | native open sandy areas, marshes and beaches but adventive along roadsides where de-icing salt is used; flowers August—October | expanding habitat, utilizes roadsides influenced by de-icing salts, highly mobile species (abundant) |
| Carex alopecoidea Tuckerman | Foxtail Sedge | PX | DC | wet soils and meadows, streambanks and openings in streamside woods, particularly on calcareous soils; fruits in July | not found in Pennsylvania
(0 populations) |
| Carex gravida Bailey | Heavy Sedge | PE | DC | prairies and other open areas usually on calcareous soils; fruits in summer | not found in Pennsylvania
(0 populations) |
| Carex mesochorea Mack. | Midland Sedge | TU | DC | dry, open woods, fields, and roadsides; fruits in summer | more populations of this species have been found; common and not a conservation concern (abundant) |
| Collinsia verna Nutt. | Spring Blue-Eyed Mary | PR | DC | woods and scrubby areas near streams; flowers late April—May | more populations than thought, large numbers of individuals in populations; secure and not a conservation concern (at least 50 populations) |
| Cyperus acuminatus Torr. & Hook. | Short-Pointed Flatsedge | PE | DC | wet, sandy, disturbed ground; flowers and fruits mid-summer to early fall | not native to Pennsylvania |
| Cyperus odoratus L. | Rusty Flatsedge | TU | DC | moist meadows, wet sandy or gravelly flats, and riverbanks; flowers and fruits mid-summer to early fall | grows in disturbed habitat, expanding its range; more common than previously thought and not a conservation concern (abundant) |
| Desmodium humifusum (Muhl.) Beck | Trailing Tick-Trefoil | PE | DC | dry sandy woods; flowers August—September | hybrid of two common species, not a conservation concern |
| Diarrhena obovata (Gleason) Brandenburg | Obovate Beakgrain | PE | DC | rich woods | more common than previously thought with large populations, expanding range, not limited by habitat (abundant) |
| Digitaria cognatum (Schultes) Pilger | Fall Witch-Grass | PT | DC | sandy, moist soils; flowers July—early October | able to use disturbed areas, not limited by habitat, not in decline (abundant) |
| Distichlis spicata (L.) Greene | Sea-Shore Salt-Grass | PX | DC | waste grounds and ballast; flowers August—October | not native to Pennsylvania |
| Elatine minima (Nutt.) Fisch. & C.A. Mey | Small Waterwort | TU | DC | shorelines of ponds, lakes and impoundments; flowers July—August | more frequent and widespread than had previously been thought; not limited by habitat (abundant) |
| Eleocharis olivacea Torr. | Capitate Spike-Rush | PR | DC | bogs and wetlands with sandy-peaty soil; flower/fruits mid to late summer | more widespread and frequent than previously thought (at least 40 populations) |
| Elymus virginicus L. var. submuticus Hook. | Wild Rye | TU | DC | moist soils of open forests, thickets, grasslands, ditches, and disturbed ground; flowers June—August | not native to Pennsylvania |
| Glyceria borealis (Nash) Batch. | Small-Floating Mannagrass | PE | DC | shallow lakes and streams; flowers in July | more common than previously thought, not limited by habitat quality (at least
19 populations) |
| Juncus longii Fern. | Long's Rush | PE | DC | habitat attributed to this species was early successional seepages with exposed soils, but not found in Pennsylvania | not found in Pennsylvania; specimens of this species found to be another species
(0 populations) |
| Marshallia grandiflora Beadle & F.E. Boynton | Large-Flowered Marshallia | PE | DC | habitat uncertain but possibly borders of swamps; flowers June—August in North Carolina | not found in Pennsylvania; all populations of Marshallia grandiflora were redetermined to be Marshallia pulchra
(0 populations) |
| Matelea carolinensis (Jacq.) Woods. | Carolina Milkvine | PX | DC | habitat previously attributed to this species was moist woods, thickets, river banks, ditches and fence rows; flowers June and July. | not native and does not occur in Pennsylvania
(0 populations) |
| Myrica heterophylla Raf. | Evergreen Bayberry | PX | DC | habitat previously attributed to this species was swamps and moist, low ground on the coastal plain; flowers April or May | does not occur in Pennsylvania
(0 populations) |
| Oxydendrum arboreum (L.) DC | Sourwood | TU | DC | dry woods and along slopes; blooms in August | more common than previously thought, able to utilize disturbed habitat, expanding range (at least 31 populations) |
| Rorippa palustris (L.) Besser var. palustris (Gleason, H. A. and A Cronquist, Manual of Vascular Plants of Northeastern United States and Adjacent Canada, 1991, Second Edition) | Yellow Cress | TU | DC | wet shores and low open ground; flowers May—September | common and not in need of conservation (abundant) |
| Salix petiolaris Sm. | Meadow Willow | TU | DC | meadows and swales; flowers just before leaves emerge | more common than previously thought (at least 32 populations) |
| Salvia reflexa Hornem. | Lance-Leaved Sage | TU | DC | stream banks, old fields, roadsides, cinders, and quarry waste; flowers June—September | not native to Pennsylvania |
| Spiraea betulifolia Pallas var. corymbosa (Raf.) Maxim. | Dwarf Spiraea | PT | DC | rocky, wooded slopes; flowers June | name changed to Spiraea corymbosa Rafinesque |
| Tipularia discolor (Pursh) Nutt. | Cranefly Orchid | PR | DC | deciduous forests and stream banks in Pennsylvania southeast; flowers July—August | more common than previously thought (at least 83 populations) |
| Viola tripartita Elliot | Three-Parted Violet | TU | DC | moist slopes and bottomland especially over calcareous substrate in southern Pennsylvania; flowers late March—May | not found in Pennsylvania, populations previously attributed to this species are Viola glaberrima
(0 populations) |
| Vitis novae-angliae Fernald | New England Grape | PE | DC | in moist mountain woods, ravines, and roadside thickets; flowers May; fruits August through November | found to be a sterile hybrid of two common species, and is a hybrid without conservation value (abundant) |
Key: DC: Declassified; PX: § 45.11 Pennsylvania Extirpated; PE: § 45.12 Pennsylvania Endangered; PT: § 45.13 Pennsylvania Threatened; PR: § 45.14 Pennsylvania Rare; PV: § 45.15 Pennsylvania Vulnerable; TU: § 45.21 Tentatively Undetermined
Plant Species Name Changes/Updates
The names of the following native wild plant species are proposed to be changed/updated:
Spiraea betulifolia Pallas var. corymbosa (Raf.) Maxim. is proposed to be deleted from Pennsylvania Threatened (§ 45.13) classification and Spiraea corymbosa Rafinesque (Source: Flora of Southeastern United States, Weakley 2020) is proposed to be added to Pennsylvania Endangered (§ 45.12) classification. Spiraea corymbosa is the accepted taxonomy for this species and the appropriate classification is Pennsylvania Endangered.
Marshallia grandiflora Beadle & F. E. Boynton is proposed to be deleted from Pennsylvania Endangered (§ 45.12) classification and Marshallia pulchra W. M. Knapp, D. B. Poind. & Weakley (Source: Flora of Southeastern United States, Weakley 2020) is proposed to be added to Pennsylvania Endangered (§ 45.12) classification. The correct name for this species is Marshallia pulchra and the correct classification is Pennsylvania Endangered.
Viola tripartita Elliot is proposed to be deleted from Tentatively Undetermined (§ 45.21) classification and Viola glaberrima (Ging.) House (Source: Flora of Southeastern United States, Weakley 2020) is proposed to be added to Pennsylvania Endangered (§ 45.12) classification. The correct name for these plants is Viola glaberrima and the correct classification is Pennsylvania Endangered.
The common name of Carex sterilis Willd. is proposed to be changed from Atlantic Sedge to Sterile Sedge. Both names are accepted common names. However, the Department prefers Sterile Sedge, as it is a more descriptive name.
Fiscal Impact
Commonwealth. This proposed rulemaking will not have a fiscal impact on this Commonwealth.
Political subdivisions. This proposed rulemaking will not have a fiscal impact on political subdivisions.
Public. This proposed rulemaking will not have a fiscal impact on the public.
Benefits, Costs and Compliance
Benefits. This proposed rulemaking will benefit State, county and municipal conservation planning officials, environmental regulatory agencies, landowners, conservation districts, conservation groups and other organizations concerned with the welfare of the environment, because it more accurately represents the native wild plants in this Commonwealth in need of the most protection. This proposed rulemaking also benefits the citizens of this Commonwealth by protecting this Commonwealth's natural resources, which is a constitutional right. See Pa.Const. Art. I, § 27.
Keeping up-to-date classifications of native wild plants ensures that the Department and other public and private conservation organizations are targeting the appropriate species in their conservation efforts. This will help maintain a healthy biodiversity of ecological systems in this Commonwealth.
Costs and compliance. This proposed rulemaking will not impose additional compliance costs.
Paperwork requirements. There are no additional paperwork requirements associated with this proposed rulemaking.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on August 17, 2022, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review prior to final publication of the rulemaking by the Department, the General Assembly and the Governor.
Effective Date
This proposed rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin.
Public Comments
Interested persons are invited to submit comments regarding this proposed rulemaking in writing to Rebecca H. Bowen, Chief, Conservation Science and Ecological Resources Division, Bureau of Forestry, Department of Conservation and Natural Resources, P.O. Box 8552, Harrisburg, PA 17105-8552, (717) 787-3444, rebbowen@ pa.gov or contact RA-Ch45WildPlants@pa.gov. Comments must be received by the Department 30 days from the date this proposed rulemaking is published in the Pennsylvania Bulletin.
Contact Person
For an explanation of this proposed rulemaking, contact Rebecca H. Bowen, Chief, Conservation Science and Ecological Resources Division, Bureau of Forestry, Department of Conservation and Natural Resources, P.O. Box 8552, Harrisburg, PA 17105-8552, (717) 787-3444, rebbowen@pa.gov or contact RA-Ch45WildPlants@pa.gov.
CINDY ADAMS DUNN,
Secretary
Fiscal Note: 7B-10. No fiscal impact; (8) recommends adoption.
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