Rule2022-02008
Endangered and Threatened Wildlife and Plants; Reclassification of Morro Shoulderband Snail From Endangered to Threatened With Section 4(d) Rule
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Published
February 3, 2022
Effective
March 7, 2022
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), are reclassifying the Morro shoulderband snail (Helminthoglypta walkeriana) from endangered to threatened under the Endangered Species Act of 1973, as amended (Act). This action is based on our evaluation of the best available scientific and commercial information, which indicates that the species' status has improved such that it is not currently in danger of extinction throughout all or a significant portion of its range, but that it is still likely to become so in the foreseeable future. We also finalize a rule issued under section 4(d) of the Act that provides for the conservation of the Morro shoulderband snail. In addition, we update the Federal List of Endangered and Threatened Wildlife to reflect the latest scientifically accepted taxonomy and nomenclature for the species as Helminthoglypta walkeriana, Morro shoulderband snail.
Full Text
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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Rules and Regulations]
[Pages 6063-6077]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02008]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2019-0025; FF09E22000 FXES1113090FEDR 223]
RIN 1018-BD45
Endangered and Threatened Wildlife and Plants; Reclassification
of Morro Shoulderband Snail From Endangered to Threatened With Section
4(d) Rule
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reclassifying the Morro shoulderband snail (Helminthoglypta walkeriana)
from endangered to threatened under the Endangered Species Act of 1973,
as amended (Act). This action is based on our evaluation of the best
available scientific and commercial information, which indicates that
the species' status has improved such that it is not currently in
danger of extinction throughout all or a significant portion of its
range, but that it is still likely to become so in the foreseeable
future. We also finalize a rule issued under section 4(d) of the Act
that provides for the conservation of the Morro shoulderband snail. In
addition, we update the Federal List of Endangered and Threatened
Wildlife to reflect the latest scientifically accepted taxonomy and
nomenclature for the species as Helminthoglypta walkeriana, Morro
shoulderband snail.
DATES: This rule is effective March 7, 2022.
[[Page 6064]]
ADDRESSES: This final rule is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments and materials we received, as well as
supporting documentation we used in preparing this rule, are available
for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No.
FWS-R8-ES-2019-0025.
FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor,
U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493
Portola Road, Suite B, Ventura, CA 93003; telephone 805-644-1766.
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
On December 15, 1994, we published a final rule (59 FR 64613)
listing Helminthoglypta walkeriana (Morro shoulderband snail (=banded
dune snail)) as endangered. This taxon contained two entities: H.
walkeriana (what we now consider the Morro shoulderband snail) and H.
walkeriana morroensis (what we now consider the Chorro shoulderband
snail). At the time of listing in 1994, we thought the subspecific
entity morroensis was extinct and that there may have been as few as
several hundred individuals of Helminthoglypta walkeriana remaining (59
FR 64613, p. 64615, December 15, 1994); consequently, we did not
consider the morroensis subspecies to be part of the listed entity.
In 1997, the subspecific entity morroensis was rediscovered at
North Point Natural Area near the northern limit of Morro Bay (Roth and
Tupen 2004, p. 3). In subsequent years, it was found in other areas as
well. In 1998, we completed the Recovery Plan for the Morro
Shoulderband Snail and Four Plants from Western San Luis Obispo County
(Service 1998, entire), and in 2001, we designated critical habitat for
the Morro shoulderband snail (66 FR 9233; February 7, 2001). Both the
recovery plan and critical habitat addressed only Helminthoglypta
walkeriana and not the subspecific entity morroensis, as explained
above.
In 2004, a taxonomic analysis was completed that elevated these
subspecific taxa to full species: Helminthoglypta walkeriana and H.
morroensis (Roth and Tupen 2004, entire). After 2004, H. walkeriana and
H. morroensis were associated with the common names Morro shoulderband
snail and Chorro shoulderband snail, respectively. Also in 2004, in an
attempt to provide clarity on what was the listed entity, the Ventura
Fish and Wildlife Office issued a ``Dear Stakeholders and Interested
Parties'' letter stating we would no longer be regulating the Chorro
shoulderband snail (Service 2004, entire).
However, in 2006, the Service completed a 5-year review for both
the Morro and Chorro shoulderband snails and recommended downlisting
Morro shoulderband snail from endangered to threatened and delisting
Chorro shoulderband snail (Service 2006, entire), even though the
Chorro shoulderband snail had previously not been treated as part of
the listed entity.
Neither entity, Helminthoglypta walkeriana morroensis or the newly
recognized Helminthoglypta morroensis, was ever formally added to the
Federal List of Endangered and Threatened Wildlife. Because of its
confusing history, however, we determined that it was most appropriate
to now complete a listing assessment to determine whether or not the
Chorro shoulderband snail meets the definition of an ``endangered
species'' or of a ``threatened species'' in the Act (16 U.S.C. 1531 et
seq.). Using the results of our evaluation in the species status
assessment (SSA) report, we reaffirm our 5-year review that the
information on the threats to the Chorro shoulderband snail does not
support the species being listed as endangered or threatened under the
Act. Since Helminthoglypta morroensis is not currently included on the
Federal List of Endangered and Threatened Wildlife, no revision to the
list is needed to implement this determination.
On July 24, 2020, we published a proposed rule (85 FR 44821) to
reclassify the Morro shoulderband snail (Helminthoglypta walkeriana)
from an endangered to a threatened species under the Act. In that
proposed rule, we also announced the availability of a species
assessment form constituting our full determination and threats
analysis regarding the status of the Chorro shoulderband snail (Service
2020, entire), which is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2019-0025.
Summary of Changes From the Proposed Rule
This final rule incorporates two minor substantive changes to our
July 24, 2020, proposed rule (85 FR 44821). First, we made a slight
edit to the preamble text of the rule issued under section 4(d) rule of
the Act (``4(d) rule'') to remove reference to a specific fire
protection plan. We made this change to clarify that any fire
protection plan meeting the standards set out in the 4(d) rule will be
exempted from take prohibitions. Additionally, based on a public
comment, we clarified the effect of conservation on the downlisting of
the Morro shoulderband snail. We made no other substantive changes from
the July 24, 2020, proposed rule in this final rule.
Supporting Documents
A species status assessment (SSA) team prepared an SSA report for
the Morro shoulderband snail and the Chorro shoulderband snail (Service
2019). The SSA team was composed of Service biologists, in consultation
with other species experts. The SSA report represents a compilation of
the best scientific and commercial data available concerning the status
of the species, including the impacts of past, present, and future
factors (both negative and beneficial) affecting the species. In
accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review of
listing actions under the Act, in 2018, we sent the SSA report to peer
reviewers with expertise in snail ecology, microhabitat, and
distribution, which included three experts from partner agencies: The
California Department of Fish and Wildlife (CDFW), the California
Department of Parks and Recreation (hereafter, State Parks), and the
County of San Luis Obispo. We received six responses, including from
two reviewers from partner agencies: Biologists at State Parks and the
County of San Luis Obispo. We incorporated the results of those
reviews, as appropriate, into the final SSA report, which is the
foundation for this final rule.
[[Page 6065]]
I. Reclassification Determination
Background
It is our intent to discuss only those topics directly related to
the reclassification of Morro shoulderband snail from an endangered
species to a threatened species in this final rule. Below, we summarize
the conclusions of the SSA report, including the species description,
ecology, habitat, and resource needs. We also discuss recovery plan
implementation. In our SSA report, we define viability as the ability
of the species to sustain populations in the wild over time and provide
a thorough account of the species' overall condition currently and into
the future. The full SSA report is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2019-0025.
Species Description
The Morro shoulderband snail belongs to the land snail genus,
Helminthoglypta (Ancey 1887), which contains three subgenera comprising
more than 100 species and subspecies. Morro shoulderband snail shells
are umbilicate (having a depression at the center), globose
(spherical), reddish brown to chestnut in color, thin, and slightly
translucent (Roth 1985, p. 5). The shell has five to six whorls and a
single, narrow (2 to 2.5 millimeters (mm) (0.08 to 0.1 inches (in.))),
dark spiral band on the ``shoulder'' with thin light-yellowish margins
above and below. Sculptural features of the shell include incised
spiral grooves, spiral and transverse striae (grooves) that give the
surface a checkerboard-like look, and papillae (small, round
protrusions) at the intersections of some of the striae (Walgren 2003,
p. 93). Adult shell dimensions range from 18 to 29 mm (0.7 to 1.1 in.)
in diameter and from 14 to 25 mm (0.6 to 1.0 in.) in height (Roth 1985,
p. 5).
Species Ecology, Habitat, and Resource Needs
In general, we know very little about the specific life history of
Morro shoulderband snails. Using information compiled for other
Helminthoglypta species (van der Laan 1975a, entire; 1975b, entire;
1980, entire), we infer information and apply it to the species, where
appropriate. Like many species of Helminthoglypta that occur in
Mediterranean climate regions of California, the Morro shoulderband
snail has adapted to changing environmental conditions by having a two-
part life cycle. While feeding, reproduction, and most individual
growth occur during the rainy season (Roth 1985, p. 13), individuals
spend the majority of the year in aestivation (prolonged dormancy) to
survive the drier seasons (Belt 2018, pers. comm.). Refugia used for
the aestivation phase of the life cycle for the Morro shoulderband
snail appear to be opportunistic in nature. They can include native and
nonnative plant species, including dense clumps of native and nonnative
grasses; young patches of ice plant (Carpobrotus spp.); cactus (Opuntia
spp.); and anthropogenic features and debris (e.g., stockpiled
construction materials, wood, cement, plastic) (Roth and Tupen 2004, p.
17; SWCA 2013-2017, entire; Dugan 2018, pers. comm.).
For Helminthoglypta species living in California, most activity
occurs during the rainy season (Roth 1985, p. 13), and this is the case
for Morro shoulderband snail. In coastal San Luis Obispo County, the
period of greatest activity generally extends from October through
April but can vary each year depending on the frequency and duration of
seasonal rainfall and heavy fog/dew. During this period, individuals
may be particularly active during the evening, night, and early morning
hours when humidity is higher. Individuals can also be active during
overcast and rainy days (van der Laan 1980, pp. 49, 52; U.S. Department
of Agriculture (USDA) 1999, p. 3; Tupen 2018, pers. comm.). The Morro
shoulderband snail likely emerges from aestivation during and following
periods of rainfall in search of food resources and for mating and egg-
laying activities.
Species of Helminthoglypta, like other terrestrial snails, become
inactive during prolonged dry periods and enter a state of aestivation
where individuals produce an epiphragm (a seal of dried mucus) across
the shell aperture to greatly reduce water and weight loss (van der
Laan 1975b, p. 361). They frequently aestivate attached to the lower
outer branches of shrubs (van der Laan 1975b, p. 365; Roth 1985, p.
13). This attachment to a substrate may provide additional protection
from desiccation by forming a more complete seal of the aperture (van
der Laan 1975b, p. 365). There is a possible decreased vulnerability to
predation during dormancy when the attachment point is 20- 30
centimeters (7.9-11.8 in.) above the ground surface (van der Laan
1975b, p. 365). Smaller snails tended to experience higher mortality
rates during aestivation, possibly due to their thinner shells and
higher surface-to-volume ratios (van der Laan 1975b, p. 364).
Individuals come out of aestivation after rain events that thoroughly
wet the environment and may regain as much as 50 percent of their body
weight back within 24 hours (van der Laan 1975b, p. 364).
Like other terrestrial snails, we expect the Morro shoulderband
snail to have a patchy distribution coincident with the presence of
suitable refugia and food sources.
Species Distribution and Abundance
Initially, Hill (1974, p. 6) and others projected a very limited
distribution for Helminthoglypta walkeriana (as the coastal form of the
banded dune snail). Its range was thought to extend only a short
distance inland along the southeastern shore of Morro Bay to Shark
Inlet, southward to near Islay Creek, and northward on the Morro Bay
sand spit at the western edge of the community of Los Osos. In the
listing rule (59 FR 64613; December 15, 1994), the Service expanded the
range to include the coastal dune and coastal sage scrub communities
underlain by sandy soils near Morro Bay (i.e., Los Osos). Based on
known species occurrences and soil associations, we used the presence
of Baywood Fine Sand soils and small areas of Dune Land soils to
determine distribution. We currently estimate the distribution for the
Morro shoulderband snail to be approximately 2,638 hectares (ha) (6,520
acres (ac)) located in and around the community of Los Osos/Baywood
Park and City of Morro Bay (see figure, below). At the time of listing,
we estimated that there may have been as few as several hundred
individuals of H. walkeriana (currently, Morro shoulderband snail)
extant. Based on the most recent surveys, thousands of Morro
shoulderband snails currently exist in this area (SWCA Environmental
Consultants (SWCA) 2018, p. 7).
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[GRAPHIC] [TIFF OMITTED] TR03FE22.040
BILLING CODE 4333-15-C
Using known species occurrence and estimated abundance along with
the presence of suitable soil types, we identified six geographic units
(hereafter, ``population areas'') for the purpose of discussion in our
SSA report. These include North Morro Bay, Sand Spit, Morro Bay, East
Los Osos, Downtown Los Osos, and South Los Osos. For a map and detailed
description of these population areas, please reference the SSA report
(Service 2019, pp. 24-29). The level of survey effort throughout each
of the six population areas comprising the distribution of the Morro
shoulderband snail is limited and variable. For this reason, we are not
able to make comparable estimates for species abundance. The Downtown
and South Los Osos population areas have been subject to a greater
level of survey effort associated with required monitoring for the
installation of infrastructure to connect the community of Los Osos
with its wastewater system. Between 2012 and 2017, more than 2,200
individuals were found in these two population areas, with over 80
percent occurring in the Downtown Los Osos area (SWCA 2018, p. 5).
Portions of the North Morro Bay, Sand Spit, Morro Bay, East Los
Osos, and South Los Osos population areas are within State Parks
ownership, but comprehensive surveys or monitoring have not been
conducted. From discussions with State Parks biologists, we know Morro
shoulderband snails are present on State Park lands in Monta[ntilde]a
de Oro and Morro Bay State Parks and
[[Page 6067]]
Morro Strand State Beach, portions of which are found within several of
the population areas. Data on the level of species occupation and
condition of individuals is generally lacking (Walgren and Andreano
2018, pers. comm.). There have been no comprehensive surveys for the
Morro shoulderband snail conducted on CDFW's Morro Dunes Ecological
Reserve (MDER); however, based on species observations and presence of
suitable habitat, CDFW assumes the reserve contains a robust population
of the species (Stafford 2018, pers. comm.). While we know the species
is present on MDER (Service files; Stafford 2018, pers. comm.), there
is no evidence that the population is robust or that large numbers of
individuals are present. Survey data gathered between 2012 and 2017 in
contiguous habitat of similar quality and species composition indicate
greater Morro shoulderband snail numbers in disturbed habitats than in
native habitats (SWCA 2018, p. 5).
Recovery Criteria
Section 4(f) of the Act directs us to develop and implement
recovery plans for the conservation and survival of endangered and
threatened species unless we determine that such a plan will not
promote the conservation of the species. Under section 4(f)(1)(B)(ii),
recovery plans must, to the maximum extent practicable, include
objective, measurable criteria which, when met, would result in a
determination, in accordance with the provisions of section 4 of the
Act, that the species be removed from the List of Endangered and
Threatened Wildlife or the List of Endangered and Threatened Plants.
Recovery plans provide a roadmap for us and our partners on methods
of enhancing conservation and minimizing threats to listed species, as
well as measurable criteria against which to evaluate progress towards
recovery and assess the species' likely future condition. However, they
are not regulatory documents and do not substitute for the
determinations and promulgation of regulations required under section
4(a)(1) of the Act. A decision to revise the status of a species or to
delist a species is ultimately based on an analysis of the best
scientific and commercial data available to determine whether a species
is no longer an endangered species or a threatened species, regardless
of whether that information differs from the recovery plan.
There are many paths to accomplishing recovery of a species, and
recovery may be achieved without all of the criteria in a recovery plan
being fully met. For example, one or more criteria may be exceeded
while other criteria may not yet be accomplished. In that instance, we
may determine that the threats are minimized sufficiently and that the
species is robust enough that it no longer meets the Act's definition
of an endangered species or a threatened species. In other cases, we
may discover new recovery opportunities after having finalized the
recovery plan. Parties seeking to conserve the species may use these
opportunities instead of methods identified in the recovery plan.
Likewise, we may learn new information about the species after we
finalize the recovery plan. The new information may change the extent
to which existing criteria are appropriate for identifying recovery of
the species. The recovery of a species is a dynamic process requiring
adaptive management that may, or may not, follow all of the guidance
provided in a recovery plan.
Below, we summarize recovery plan goals for the Morro shoulderband
snail and discuss progress made toward meeting recovery plan objectives
in terms of how they inform our analyses of the species' status and the
stressors affecting them.
In 1998, we completed the Recovery Plan for the Morro Shoulderband
Snail and Four Plants from Western San Luis Obispo County, California,
which included recovery goals and objectives for Morro shoulderband
snail (Recovery Plan; Service 1998, pp. 40-41). The Recovery Plan
identified criteria for downlisting Morro shoulderband snail from an
endangered to a threatened species and criteria for its delisting. The
Recovery Plan identified four ``conservation planning areas'' (CPAs).
These CPAs were designed to incorporate areas where distribution of the
Morro shoulderband snail and three other plant species covered in the
plan overlap; thus, they are more limited than the population areas for
the Morro shoulderband snail defined in the SSA.
Our summary analysis of downlisting and delisting criteria follows:
The Recovery Plan stated that downlisting from endangered to
threatened can be considered when sufficient populations and suitable
occupied habitats from all CPAs are secured and protected (Service
1998, p. 39). These areas should be intact and relatively unfragmented
by urban development. Snail populations must be large enough to
minimize the short-term (next 50 years) risk of extinction on any of
the four CPAs identified in the Recovery Plan, based on results of
tasks 3.2.1.1, 3.2.1.2, and 3.2.1.3 (see below) and on at least
preliminary results from task 4.1. The identification and survey of
potential habitat within the snail's historic range to see if
undiscovered populations exist are necessary to consider downlisting.
All of CPA 1 (Morro Spit) and portions of CPAs 2, 3, and 4 (West
Pecho, South Los Osos, and Northeast Los Osos) are largely secure under
various ownerships and management (Service 2019, pp. 72-74). All have
conservation easements or deed restrictions, or are managed by a
conservation association for conservation purposes. Landowners and
managers include the County, State Parks, CDFW, the Land Conservancy of
San Luis Obispo County, Morro Coast Audubon Society, and the Small
Wilderness Area Program (SWAP). Approximately 202 ha (500 ac) have been
added to conserved lands since time of listing. This includes 56 ha
(138 ac) of parcels purchased and transferred to State Parks or CDFW
managed for conservation purposes and 141 ha (348 ac) with a
conservation easement or deed restriction managed for conservation
purposes. Overall, 85 percent (approximately 1,457 ha (3,600 ac)) of
CPAs are now conserved. However, a lack of funding precludes adequate
threats management on most of these lands (Service 2019, p. 53).
Recovery Task 3.2.1.1 is to determine if brown garden snail (Cornu
aspersum (formerly Helix aspersa)) is a competitive threat to the Morro
shoulderband snail. Since the time of listing, we found that Morro
shoulderband snails feed primarily on dead plant materials and the
brown garden snail consumes live plant materials, so competition
between these species is likely minimal (Service 2019, p. 75).
Task 3.2.1.2 involves the study of habitat use and life-history
needs of the Morro shoulderband snail. Monitoring and habitat
restoration activities conducted in association with the construction
of a sewer system in the community of Los Osos have generated
substantial new information on the diversity of habitats in which the
species can occur and numbers of individuals present. We also have new
information based upon anecdotal observations and surveys conducted in
association with proposed development in the Los Osos area (Service
2019, pp. 28-30).
Task 3.2.1.3 is to identify Morro shoulderband snail parasites and
determine if parasitism rates are threatening populations. At the time
of listing, parasitism was identified as a threat to the species, based
on observations of vacant sarcophagid fly
[[Page 6068]]
puparia within empty subadult shells (59 FR 64613, p. 64619, December
15, 1994). Since the time of listing, there has been an increase in
snail observations, but not a corresponding increase in sarcophagid fly
pupae infestations of snails. A few species in this fly family have
been documented to eat live material (Walgren 2003, pp. 108-114;
Service 2006, p. 7). While there have been no specific studies on the
potential threats to the snail from these sarcophagid flies, the
majority of flies in this family do not eat live organisms; thus, we
conclude that the flies do not pose a threat to the species (Service
2006, p. 13). Therefore, the best available current evidence does not
indicate that parasitism is a threat to the species.
Finally, Task 4.1 is to monitor populations to document population
dynamics and cycles to ascertain trends. No systematic monitoring has
been conducted to provide data that would allow for trend analysis.
However, based on the most recent surveys, thousands of Morro
shoulderband snails were detected across the species' range, as
compared to hundreds known at the time of listing (Service 2019, pp.
28-30; SWCA 2018, p. 5; Walgren and Andreano 2018, pers. comm.).
Therefore, although we do not have specific trend data, we conclude
that we have still met the intent of this criterion.
Delisting can be considered when habitats from all CPAs (and any
newly located populations) are successfully managed to maintain the
desired community structure and are secured from threats of
development, invasion of nonnative plants, structural changes due to
senescence of dune vegetation, recreational use, pesticides (including
slug and snail baits), parasites, and competition or predation from
nonnative snail species. The outcomes of recovery tasks must result in
a low medium-to-long-term risk of extinction from any of the four CPAs
(Service 1998, p. 40).
Our analyses in the SSA report indicate that the current viability
of Morro shoulderband snail has improved to some degree since the time
of listing due to information indicating there are substantially more
individuals than previously thought, as well as beneficial effects of
certain conservation efforts, predominantly in the form of land
acquisition. Based on our future scenario analyses, the species is
still at risk in the future due to the potential for development and
because the level of continued conservation efforts and habitat
management is uncertain. Currently and into the future, habitat loss
due to development and habitat degradation, predominantly from invasive
plant species, remain threats to the Morro shoulderband snail.
To improve habitat for the species, the Morro Coast Audubon Society
has a dedicated volunteer work force to remove the invasive, nonnative
plant species Ehrharta calycina (perennial veldt grass) and Eucalyptus
globulus (blue gum) seedlings at their Sweet Springs Preserve (outside
of any CPA) under the direction of a recovery action plan. The Los
Osos/Morro Bay Chapter of SWAP does the same for the Elfin Forest
Reserve in CPA 4. State Parks staff annually prioritize areas for
invasive species treatment on a case-by-case basis. When funding is
available, they implement actions to control invasive species in
Monta[ntilde]a de Oro State Park, Morro Strand State Beach, Morro Bay
State Park, and Los Osos Oaks Preserve (CPAs 1 and 2, portions of 3 and
4, and Area A). Identified invasive species prioritized for removal
include E. calycina, Conicosia pugioniformis (narrowleaf iceplant),
Emex spinosa (devil's thorn), Cortaderia species, and Eucalyptus
species because they are the most invasive and conspicuous in the
landscape.
Lack of funding precludes most State of California resource
agencies (e.g., State Parks and CDFW) from implementing invasive
species control programs on lands where these species are present.
State Parks staff have conducted limited prescribed burns and proposed
additional prescribed burns to improve the quality of coastal dune
scrub and central maritime chaparral and their constituent species
within their park units. Fires typically kill snails, but if properly
applied in small areas to create a mosaic of varying stand ages for
coastal dune scrub and central maritime chaparral, such burns could
improve the quality of these habitats for the Morro shoulderband snail
in the long term. Previous threats to habitat resulting from illegal
off-road vehicle activities are largely controlled; however, illegal
trail development and use by hikers, mountain bikers, and equestrians
negatively affects habitat for Morro shoulderband snails by increasing
erosion, reducing native plant cover, and facilitating further invasion
by nonnative plant species (Service 2019, pp. 75-76).
Based on the Recovery Plan and our SSA report, we conclude that the
status of the Morro shoulderband snail has improved throughout its
range due to information demonstrating that there are substantially
more individuals than previously thought, and due to conservation
efforts predominantly in the form of land acquisition. The SSA report
contains an accounting of known conservation and management efforts
(Service 2019, pp. 23-24). Overall, our analysis indicates that the
intent of the downlisting criteria for the Morro shoulderband snail has
been met; however, delisting criteria have not yet been achieved.
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species is an endangered species or a threatened species. The
Act defines an ``endangered species'' as a species that is in danger of
extinction throughout all or a significant portion of its range, and a
``threatened species'' as a species that is likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range. The Act requires that we determine
whether any species is an ``endangered species'' or a ``threatened
species'' because of any of the following factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects. We consider these same five
factors in downlisting a species from endangered to threatened (see 50
CFR 424.11(c), (d), and (e)).
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
[[Page 6069]]
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the species' expected response and
the effects of the threats--in light of those actions and conditions
that will ameliorate the threats--on an individual, population, and
species level. We evaluate each threat and its expected effects on the
species, then analyze the cumulative effect of all of the threats on
the species as a whole. We also consider the cumulative effect of the
threats in light of those actions and conditions that will have
positive effects on the species--such as any existing regulatory
mechanisms or conservation efforts. The Secretary determines whether
the species meets the definition of an ``endangered species'' or a
``threatened species'' only after conducting this cumulative analysis
and describing the expected effect on the species now and in the
foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
foreseeable future extends only so far into the future as we can
reasonably determine that both the future threats and the species'
responses to those threats are likely. In other words, the foreseeable
future is the period of time in which we can make reliable predictions.
``Reliable'' does not mean ``certain''; it means sufficient to provide
a reasonable degree of confidence in the prediction. Thus, a prediction
is reliable if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
Analytical Framework
The SSA report documents the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including an assessment of the potential
threats to the species. The SSA report does not represent our decision
on whether the species should be reclassified as a threatened species
under the Act. It does, however, provide the scientific basis that
informs our regulatory decisions, which involve the further application
of standards within the Act and its implementing regulations and
policies. The following is a summary of the key results and conclusions
from the SSA report; the full SSA report can be found on the internet
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2019-0025.
To assess Morro shoulderband snail viability, we used the three
conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency supports the ability of the species to withstand
environmental and demographic stochasticity (for example, wet or dry,
warm or cold years), redundancy supports the ability of the species to
withstand catastrophic events (for example, droughts, large pollution
events), and representation supports the ability of the species to
adapt over time to long-term changes in the environment (for example,
climate changes). In general, the more resilient and redundant a
species is and the more representation it has, the more likely it is to
sustain populations over time, even under changing environmental
conditions. Using these principles, we identified the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels, and described the
beneficial and risk factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated individual species' life-history
needs. The next stage involved an assessment of the historical and
current condition of the species' demographics and habitat
characteristics, including an explanation of how the species arrived at
its current condition. The final stage of the SSA involved making
predictions about the species' responses to positive and negative
environmental and anthropogenic influences. Throughout all of these
stages, we used the best available information to characterize
viability as the ability of a species to sustain populations in the
wild over time. We use this information to inform our regulatory
decision.
Summary of Biological Status and Threats
Below, we review the biological condition of the species and its
resources, and the threats that influence the species' current and
future condition, in order to assess the species' overall viability and
the risks to that viability.
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have not
only analyzed individual effects on the species, but we have also
analyzed their potential cumulative effects. We incorporate the
cumulative effects into our SSA analysis when we characterize the
current and future condition of the species. To assess the current and
future condition of the species, we undertake an iterative analysis
that encompasses and incorporates the threats individually and then
accumulates and evaluates the effects of all the factors that may be
influencing the species, including threats and conservation efforts.
Because the SSA framework considers not just the presence of the
factors, but to what degree they collectively influence risk to the
entire species, our assessment integrates the cumulative effects of the
factors and replaces a standalone cumulative effects analysis.
We reviewed the potential threats that could be affecting Morro
shoulderband snails now and in the future. In this final rule, we
discuss in detail only those factors that could meaningfully affect the
status of the species. At the time of listing, we identified urban
development and other anthropogenic activities such as recreation,
grazing, and utility construction as threats to the Morro shoulderband
snail (59 FR 64613; December 15, 1994). In the SSA report (Service
2019, pp. 21-64), we reviewed four potential threats that could be
affecting the current condition of the Morro shoulderband snail
(development, agriculture, vegetation management, and predation), and
those threats and two others (wildfire, invasive species) that could
affect the future condition of the species. For the Morro shoulderband
snail, we consider the foreseeable future to be 30 years. This
timeframe takes into account threats associated with fire, habitat
degradation, and climate change, and also the implementation of the Los
Osos Habitat Conservation Plan (LOHCP).
The primary risk factors affecting the Morro shoulderband snail are
the present and threatened modification or
[[Page 6070]]
destruction of its habitat from development, wildfire, and invasive
plant species (Factor A), as well as effects to its life cycle from
changing climate conditions (Factor E). We also considered the effect
of existing regulatory mechanisms (Factor D) on the magnitude of
threats. Additional threats affecting the species' habitat include
agriculture (Factor A) and vegetation management (Factor A), and
threats affecting the species include predation (Factor C); however, we
have determined that these threats have little to no impact on the
species' viability. We also analyzed the threat of collection (Factor
B). At the time of listing, we stated that the taxonomic
distinctiveness of the Morro shoulderband snail made it vulnerable to
recreational or scientific collectors. Since the time of listing,
however, we are not aware of specific collection activities for
recreational or scientific purposes. Therefore, we conclude that
overcollection (Factor B) is not a threat to the species.
Development
At the time of listing, development was identified as one of the
main threats impacting the Morro shoulderband snail. Human development
consists of converting the landscape into residential, commercial,
industrial, and recreational features, with associated infrastructure
such as roads. Converting the landscape into development not only
removes individual Morro shoulderband snails but also removes their
habitat, thereby reducing the space available for the species to
inhabit and functionally lowering carrying capacity. In addition,
development results in indirect effects by fragmenting the habitat and
creating edge effects, such as increased vulnerability to desiccation,
fire, and predation. The effects of development on the Morro
shoulderband snail are predicated upon several factors (e.g., how the
City and County of San Luis Obispo revise and implement their
respective general plans, the economy, water availability).
However, as detailed in the SSA report, conservation actions have
been undertaken since the time of listing to reduce the threat of
development (Service 2019, pp. 24-25). Approximately 202 ha (500 ac) of
Morro shoulderband snail habitat have been conserved since the time of
listing. This includes 56 ha (138 ac) of parcels purchased and
transferred to the California Department of Parks and Recreation (CDPR)
or CDFW and 141 ha (348 ac) with conservation easement or deed
restriction; all of these areas are managed for conservation purposes.
Overall, 85 percent (approximately (1,457 ha (3,600 ac)) of CPAs are
now protected from development. Although most lands within the species'
distribution outside of CPAs are not under formal or legal protection
as open space or conservation easements, many are protected as part of
a State Park, State of California ecological reserve, or parcels set
aside specifically to conserve and enhance natural resource values. For
example, the County of San Luis Obispo's Broderson and Midtown parcels
are both protected through deed restrictions that preclude development
other than that which would enhance habitat that supports Morro
shoulderband snails. With increased conserved lands, the threat of
development has been reduced since the time of listing, but some
potential impacts remain that could result in the loss of populations
and thus the loss of representation and redundancy across the species'
range. For example, large portions of the East Los Osos and Downtown
Los Osos population areas consist predominantly of public and private
land parcels zoned for development. Apart from the protections afforded
by the Act, the existing regulatory mechanisms do not address the
impacts of development on the Morro shoulderband snail.
Invasive Species
Invasion of native habitat by nonnative plant species can reduce
suitability for native constituent species that evolved in these
habitats. Areas dominated by a single invasive plant species tend to
support lower levels of animal diversity due to a reduction in
heterogeneity as compared to the original native plant community
(Steidl and Litt 2009, p. 57). The presence of nonnative plant species
can also alter the abundance of native plants that serve as an
important food source for herbivores, such as snails. Invasive plant
species can increase vegetative cover and reduce space between native
plant species in native communities. Invasive plant species can change
fuel properties in native habitats, which can then affect fire behavior
and alter fire regime characteristics such as frequency, severity,
extent, type, and seasonality (Brooks et al. 2004, entire). In coastal
dune scrub and maritime chaparral, native communities that typically
support a sparse understory, invasive grasses, such as perennial veldt
grass, can serve as ladder fuel to carry fire into these communities.
Fires can also create an opportunity for invasive plant species to
expand their local distributions and dominance (Brooks and Lusk 2008,
p. 9).
While once thought to be largely restricted to native coastal scrub
communities underlain by sandy soils, Morro shoulderband snails are
known to occur, at least in the short term, in disturbed areas and
those dominated by nonnative species (e.g., perennial veldt grass, ice
plant) (SWCA 2018, p. 5). Biologists and land planners typically
classify these areas as ruderal or ``disturbed'' and, as such, discount
them in terms of their conservation value. Ruderal, disturbed, and
nonnative grassland habitats are, therefore, subject to mowing,
herbicide use, development, and other uses that put individual Morro
shoulderband snails in these areas at a greater risk of injury or
mortality than those found in native habitat.
Currently, three of the six population areas that support the Morro
shoulderband snail are in moderate- or low-quality habitat, with
impacts from nonnative species (Service 2019, pp. 37-38). Habitat in
these areas is either somewhat degraded (one population area) (9.5
percent of species distribution) or highly degraded and fragmented (two
population areas) (38.3 percent of species distribution).
Both the Morro Coast Audubon Society and SWAP conduct activities to
improve habitat quality for the Morro shoulderband snail and other
coastal dune scrub species on lands conserved and protected under their
ownership and/or management (Sweet Springs Nature Preserve and Elfin
Forest, respectively). These actions focus primarily on the removal of
exotic plant species (perennial veldt grass, iceplant), restoration of
coastal dune scrub, and erosion control. The CDPR also conducts similar
activities on its lands (i.e., Monta[ntilde]a de Oro and Morro Bay
State Parks and Morro Strand State Beach). The County of San Luis
Obispo owns two large parcels in Los Osos, Broderson and Mid-Town, that
support coastal dune scrub and, to a lesser extent, central maritime
chaparral. Management actions on both parcels focus on the restoration
and enhancement of habitat for the Morro shoulderband snail (Kevin Merk
Associates, LLC (KMA) 2017, entire; County of San Luis Obispo 2017,
entire). The Land Conservancy of San Luis Obispo County recently
purchased approximately 5.7 ha (14 ac) adjacent to the Morro Coast
Audubon Society's Sweet Springs Preserve. They plan to enhance habitat
quality for coastal dune scrub species, including Morro shoulderband
snail, before transferring these lands to Morro Coast Audubon Society
ownership and management (Theobald 2017, pers. comm.). Overall,
[[Page 6071]]
while these conservation measures have decreased the overall impact of
invasive plant species, degradation of native habitats from those
species is ongoing, and the existing regulatory mechanisms do not
address the impact of invasive species.
Wildfire
Morro shoulderband snails evolved in a fire-adapted landscape
dominated by coastal dune scrub and maritime chaparral. Exposure to
fire can result in individual mortality; however, an evolutionary
strategy has enabled the species to persist in these habitats. Theories
related to the nature of fire history in California shrublands are
complicated and varied (Goforth and Minnich 2007, p. 779). In the range
of the Morro shoulderband snail, the ``natural'' condition was one of
frequent, small fires that fragmented the landscape into a fine-grained
mosaic of age classes that precluded large, catastrophic fires (Minnich
and Chou 1997, p. 244). In this type of situation, areas of unburned
coastal dune scrub and central maritime chaparral would serve as
refugia for individual snails that could then recolonize areas as the
fire-adapted plant communities reestablished.
We consider an increase in wildfire frequency and/or intensity
associated with continued climate change to be plausible in the future
within the range of the Morro shoulderband snail (Service 2019,
entire). A landscape-level or more severe fire event would constitute a
threat to the species due to its very limited distribution. This type
of fire could leave little in the way of habitat to serve as native
refugia and result in a substantial amount of individual mortality,
increasing the likelihood of local population extirpation. Absent
individuals in nearby habitat to recolonize burned areas as habitat
reestablishes, large-scale fire could result in a reduction in the
overall distribution of the species, and thus loss of redundancy and
representation. The existing regulatory mechanisms do not address the
impact of wildfire on the Morro shoulderband snail or its habitat.
Climate Change
Climate change is likely to affect many terrestrial gastropod
populations in California, including the Morro shoulderband snail.
Species with small geographic ranges are particularly vulnerable to
extinction due to the effects of climate change (Allan et al. 2005, p.
284). In the range of the Morro shoulderband snail, climate change may
result in both droughts and localized flood events from heavy rainfall.
In the future, extreme storm events may increase in severity beyond
historic levels of intensity with potential to increase flood risks in
California (Dettinger 2011, pp. 521-522). Future estimates of changes
in temperature and precipitation patterns in California by the 2060s
based on downscaled climate models show that the historically maximum
July temperatures are likely to increase and heat waves may span longer
durations (Pierce et al. 2013, entire).
The increased frequency of protracted drought events predicted in
California is likely to result in higher mortality during prolonged
periods of seasonal aestivation, particularly among smaller individuals
in the population (van der Laan 1975b, p. 364). Higher levels of egg
mortality from desiccation are expected. Warmer temperatures and
greatly reduced wet season precipitation during prolonged multiyear
drought events also increase stress on vegetation (Coates et al. 2015,
p. 14277) and may limit time for feeding and breeding in the Morro
shoulderband snail. Coastal sage scrub communities had the highest
seasonal variability in terms of the relative amount of ground covered
by green vegetation during the drought years of 2013-2014 (Coates et
al. 2015, p. 14283). Coastal sage scrub plant species also had the
highest land surface temperature values of the communities analyzed,
likely resulting from lower vegetation cover, lower evapotranspiration,
and south-facing slopes typical of coastal sage scrub communities
(Coates et al. 2015, p. 14284). These effects of prolonged drought
reduce the value and quality of sheltering habitat as well as food
availability within the primary plant community associated with the
Morro shoulderband snail. Combined with impacts from wildfire, invasive
species, and development, the negative effects of climate change on
growth and reproduction are likely to result in decreased population
abundance and increased vulnerability to local extirpation into the
future.
Summary of Threats
We examined the effects of threats affecting the Morro shoulderband
snail and its habitat; we now summarize these threats and their
cumulative effects on the species. Currently, the species and its
habitat are being impacted by development, invasive nonnative plants,
wildfire, and effects associated with climate change. Along with a
decrease in habitat quality due to increased temperatures and increased
frequency of droughts, the effects of climate change may also
exacerbate low population size and fragmented habitats, resulting in
increased risk of extirpation. The effects of climate change will also
combine with the effects of development, wildfire, and invasive species
to exacerbate habitat loss and mortality of individuals. However, the
magnitude of threats has decreased since the time of listing, and
conservation actions have addressed some of the impacts from
development and nonnative plants. Still, the species' low abundance and
fragmented habitat mean it is vulnerable to threats into the future,
including potential extirpation of population areas by wildfire.
Current and Potential Future Condition
We assessed the viability of the Morro shoulderband snail by
evaluating its ability to maintain a sufficient number and distribution
of healthy populations in order to maintain resiliency, redundancy, and
representation. We analyzed threats to the species and ongoing
conservation actions by incorporating the effects of development,
invasive species, wildfire, and changing climate conditions into our
analyses of resiliency, representation, and redundancy.
For the Morro shoulderband snail to maintain viability, its
populations, or some portion thereof, need to be resilient to
stochastic events. Resiliency is measured by the size and growth rate
of each population, which influence the likelihood that the populations
comprising a species are able to withstand or bounce back from
environmental or demographic stochastic events. We evaluated variables
influencing the ability of the Morro shoulderband snail to withstand
stochastic events by population area, including abundance (as
available), distribution of individuals, habitat quality and
configuration, and the likelihood that suitable habitat would persist
into the future. To determine habitat quality and configuration in each
population area, we evaluated its context in the overall landscape
relative to fragmentation and whether one or more of those primary
constituent elements identified for critical habitat designated in 2001
(66 FR 9233; February 7, 2001) are present. Primary constituent
elements for this species include the following physical or biological
features: Sand or sandy soil needed for reproduction; a slope not
greater than 10 percent to facilitate movement of individuals; and
native coastal dune scrub vegetation. To determine the likelihood that
suitable habitat will persist into the future, we evaluated the
proportion of protected
[[Page 6072]]
habitat in each population area. We then created an overall current
condition for each population area based on these three variables.
Based on overall current condition, we then forecasted the
condition of these variables into the future for 30 years under three
different scenarios. The three future scenarios attempt to encompass
the range of plausible possibilities for each population area over the
next 30 years. To forecast climate change impacts, we relied on
scientific papers (Dettinger 2011, entire; Pierce et al. 2013, entire)
that incorporated multi-model ensembles and downscaled regional climate
projections that examine key characteristics relating to the Morro
shoulderband snail, such as summer temperatures and seasonal changes in
precipitation.
First, we forecasted the condition of each population area under
the status quo, with continued climate change effects, all existing
threats continuing at their current level, and no additional
conservation efforts for the species (``Status Quo'' scenario). Second,
we forecasted the condition of each population area under
implementation of the LOHCP, a draft regional habitat conservation plan
that proposes the Morro shoulderband snail as a covered species,
against a backdrop of continued climate change effects (``Limited
Conservation'' scenario). In the ``Limited Conservation'' scenario, the
LOHCP consolidates the threat of development to one population area,
while other existing threats continue at their current level. Finally,
we forecasted implementation of the LOHCP, active management for the
Morro shoulderband snail within existing protected but generally
unmanaged lands, and additional habitat protection through acquisition
and subsequent management (``Major Conservation'' scenario), again
against a backdrop of continued climate change. The ``Major
Conservation'' scenario includes decreased threats due to development
and invasive plant species, as well as conservation benefits from
habitat restoration.
Table--Summary of Morro Shoulderband Snail Resiliency: Current and Future Conditions by Population Area
----------------------------------------------------------------------------------------------------------------
Future scenario:
Population area Current condition Future scenario: Limited Future scenario:
Status quo Conservation Major Conservation
----------------------------------------------------------------------------------------------------------------
North Morro Bay................. Moderate.......... Moderate.......... Moderate.......... High.
Sand Spit....................... High.............. Moderate.......... Moderate.......... High.
Morro Bay....................... Low............... Low............... Low............... Low.
East Los Osos................... Moderate.......... Low............... Low............... Moderate.
Downtown Los Osos............... Moderate.......... Low............... Low............... Low.
South Los Osos.................. High.............. Moderate.......... High.............. High.
----------------------------------------------------------------------------------------------------------------
Maintaining representation of healthy populations across the
diversity of habitat types or ecological gradients within the
distribution of Morro shoulderband snail will likely conserve the
relevant genetic diversity and adaptive capacity associated with
individual persistence across these habitat types. Currently, the
species is represented in all of six population areas; however, changes
under future scenarios could put individuals in some population areas
at greater risk of extirpation, resulting in a potential loss of
representation and leaving the species extant only in the periphery of
its range.
The Morro shoulderband snail needs multiple resilient population
areas distributed throughout its extremely limited distribution to
provide for redundancy. Historically, based on the mapping of Baywood
Fine Sand soils, it is likely that habitat was once well-distributed
throughout the species' range. Development now primarily separates
these population areas. Low resiliency and disconnected population
areas, currently and in the future, suggest that stochastic events
could increase species vulnerability to loss of redundancy and could
increase the risk of loss of population areas, which would then
diminish species redundancy. An overall decrease in the condition of
population areas in two of the three future scenarios suggests a
potential compromised redundancy and, therefore, risk of extirpation
from catastrophic events in the future, unless major conservation
actions are undertaken. Prolonged and/or more intensive drought,
increased wildfire frequency and/or intensity, and localized flooding
are those events that could affect the Morro shoulderband snail at the
catastrophic scale.
The resiliency of Morro shoulderband snail population areas within
the species' distribution has changed over time due to loss,
degradation, and/or fragmentation of native habitat. Currently, we
consider two population areas (Sand Spit and South Los Osos) to have a
high level of resiliency, three population areas (North Morro Bay, East
Los Osos, Downtown Los Osos) to have moderate resiliency, and one
population area (Morro Bay) to have a low resiliency. It is not likely
that loss of the Morro Bay population area would affect species
representation across the remaining portion of the range, as current
numbers of individuals in this population area are very low, and it is
generally isolated from the other five population areas. Regarding
redundancy, we consider those population areas with low or moderate
resiliencies to be at a greater risk of local extirpation, which has
the potential to decrease overall species redundancy.
Our analyses indicate that the current viability of the Morro
shoulderband snail has likely improved to some degree since the time of
listing because there are substantially more individuals than thought
at the time of listing and certain conservation efforts (predominantly
protection of habitat through conservation easement, deed restriction,
or management for conservation purposes) have been implemented.
Overall, we anticipate that the viability of the species will
decline in the future under two of the three scenarios: ``Status Quo''
and ``Limited Conservation.'' Under the ``Status Quo'' scenario,
resiliency of the North Morro Bay and Morro Bay population areas would
remain moderate and low, respectively, while all other population areas
would be expected to experience decreased resiliency. Under the
``Status Quo'' scenario, half of the population areas are projected to
be in the low resiliency category. Under the ``Limited Conservation''
scenario, resilience of the North Morro Bay, Morro Bay, and South Los
Osos population areas would remain unchanged. The South Los Osos
population area is where the majority of the conservation strategy for
the LOHCP would occur. Only in the ``Major
[[Page 6073]]
Conservation'' scenario does resiliency remain the same or improve,
with the exception of Downtown Los Osos, where we anticipate the
majority of development would occur as part of LOHCP implementation.
For redundancy, an overall decrease in the condition of population
areas in two of the three future scenarios suggests those low-condition
populations are at risk of being lost and, therefore, that there could
be decreased species redundancy. Against a backdrop of increased
climate change effects expected to result in prolonged and/or more
intensive droughts, increased wildfire frequency and/or intensity, and
localized flooding events, risk of extirpation could increase with
decreased species redundancy.
Summary of Comments and Recommendations
In the proposed rule published on July 24, 2020 (85 FR 44821), we
requested that all interested parties submit written comments on the
proposed reclassification of the Morro shoulderband snail from
endangered to threatened and the associated proposed 4(d) rule by
September 22, 2020. We also contacted appropriate Federal and State
agencies, scientific experts and organizations, and other interested
parties and invited them to comment on the proposal. Newspaper notices
inviting general public comment were published in the San Luis Obispo
Tribune. We did not receive any requests for a public hearing. We
received seven public comments. Six expressed only opinions in support
or in opposition to the proposed downlisting without supporting
information.
Peer Reviewer Comments
As discussed in Supporting Documents above, we received comments
from six peer reviewers during the 2018 peer review of the SSA. We
reviewed all comments we received from the peer reviewers for
substantive issues and new information regarding the information
contained in the SSA report. The peer reviewers generally concurred
with our methods and conclusions, and provided additional information,
clarifications, and suggestions to improve the final SSA report,
including on snail morphology, habitat preferences, and behavior. Peer
reviewer comments were incorporated into the final SSA report (Service
2019, entire).
Comments From Federal Agencies, States, and Tribes
We did not receive any comments from Federal agencies, States or
State agencies, or Tribes during the public comment period.
Public Comments
(4) Comment: One commenter thought that the proposed rule inferred
that the Service did not intend to include the Chorro shoulderband
snail in the original 1994 listing. The commenter notes that, in fact,
information in the Service's Ventura Fish and Wildlife Office's files
indicates that the inclusion of the Chorro shoulderband snail in the
1994 listing rule was intentional. The commenter stated that the
proposed rule states that it was appropriate to complete a listing
assessment for the Chorro shoulderband snail.
Our response: We acknowledge that the Chorro shoulderband snail was
part of the taxonomic entity that was included in the original listing
rule in 1994 (59 FR 64613; December 15, 1994). We further acknowledge
the confusing history of the two taxa, and that we referred to them in
different ways in the original listing rule (59 FR 64613; December 15,
1994), the designated critical habitat (66 FR 9233; February 7, 2001),
and our 2004 letter to partners. We address the inconsistency under
Summary of Previous Federal Actions, above. Additionally, in the July
24, 2020, proposed rule (85 FR 44821), we announced the availability of
a Species Assessment form constituting our full determination and
threats analysis regarding the status of the Chorro shoulderband snail
(Service 2020, entire). In that assessment, we determined that, based
on the best available science, the Chorro shoulderband snail does not
meet the Act's definition of an ``endangered species'' or a
``threatened species.'' Although information on the Chorro shoulderband
snail is limited, under section 4(b)(1)(A) of the Act, we are required
to make our determinations based solely on the best scientific and
commercial data available at the time of our rulemaking.
(5) Comment: One commenter noted the line in the proposed rule that
states, ``the current viability of Morro shoulderband snail has
improved to some degree since the time of listing due to concerted
conservation efforts'' and thought that this means the proposed rule
infers that conservation measures are the reason for the substantial
increase in numbers. The commenter notes the reason for increase in
knowledge of number of snails is based on surveys from ruderal/
disturbed habitat, not from the acreage that has been conserved.
Commenter notes most of the land that has been conserved is not managed
for the Morro shoulderband snail. Currently, the Morro shoulderband
snail is not restricted to native habitat and is able to persist in
highly disturbed areas and those dominated by nonnative plant species.
Our response: We have revised the rule to clarify that we are
reclassifying the Morro shoulderband snail from endangered to
threatened (i.e., ``downlisting'' the species) because there are
substantially more individuals than previously thought, as well as
beneficial effects of certain conservation efforts, predominantly in
the form of land acquisition, since the time the species was listed. We
acknowledge that those lands are not managed for the Morro shoulderband
snail; however, they still provide protection from development, which
was one of the greatest threats identified at the time of listing.
Determination of Morro Shoulderband Snail's Status
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of an ``endangered species'' or
a ``threatened species.'' The Act defines an ``endangered species'' as
a species that is in danger of extinction throughout all or a
significant portion of its range, and a ``threatened species'' as a
species that is likely to become an endangered species within the
foreseeable future throughout all or a significant portion of its
range. For a more detailed discussion on the factors considered when
determining whether a species meets the definition of an ``endangered
species'' or a ``threatened species'' and our analysis on how we
determine the foreseeable future in making these decisions, please see
Regulatory and Analytical Framework, above.
Status Throughout All of Its Range
We evaluated threats to the species and assessed the cumulative
effect of the threats under the Act's section 4(a)(1) factors. This
included an examination of the best scientific and commercial
information available regarding the past, present, and future threats
faced by the species, as well as information presented in the 2006 5-
year review (Service 2006, entire), additional information available
since the 5-year review was completed, and other available published
and unpublished information. We also consulted with species experts and
land management staff who are actively managing habitat for the
conservation of the Morro shoulderband snail.
[[Page 6074]]
The primary risk factors affecting Morro shoulderband snails are
the present and threatened modification or destruction of its habitat
from development (Factor A), wildfire (Factor A), and invasive species
(Factor A), as well as effects to its life cycle from changing climate
conditions (Factor E). We also considered the threat of collection
(Factor B), agriculture and vegetation management (Factor A) and
predation (Factor C) (Service 2019, pp. 21-45). Finally, we examined
the adequacy of existing regulatory mechanisms in addressing these
threats (Factor D).
Threats influencing the viability of Morro shoulderband snail
populations at the time of listing were urban development, off-road
vehicle activity, nonnative vegetation (referred to as invasive species
in this final rule), parasitoids (an insect whose larvae live as
parasites that eventually kill their hosts), and competition from brown
garden snails, all of which were exacerbated by effects associated with
small population size and drought conditions (59 FR 64613; December 15,
1994). Since the time of listing, we have determined that some of these
threats are no longer affecting the species, particularly off-road
vehicle activity, brown garden snails, parasitoids, and controlled
burns (Service 2006, pp. 11-15). Our current analysis indicates that
the remaining threats identified at the time of listing have been
reduced in magnitude, and that overall the level of impacts to Morro
shoulderband snail and its habitat that placed the species in danger of
extinction in 1994 have been substantially reduced. These reductions
have occurred predominantly because of significant protection of lands
at risk of development and surveys indicating that population numbers
now occur in the thousands rather than the hundreds. However, threats
are still impacting the species and its habitat, and new threats have
been identified since the time of listing.
Of the factors identified above, habitat loss and degradation from
fragmentation associated with development and invasive plant species
(Factor A), wildfire (Factor A), and effects to the Morro shoulderband
snail's life cycle from changing climate conditions (Factor E) are the
most significant threats to the species currently and into the
foreseeable future. Conservation actions have somewhat decreased the
magnitude of impacts from nonnative, invasive plant species; however,
degradation of native habitats by these species is ongoing. Apart from
the protections afforded by the Act, no regulatory mechanisms are
addressing the threats impacting the species and its habitat.
We considered plausible future conditions for the Morro
shoulderband snail to evaluate the status of the species into the
future. Under the ``Status Quo'' scenario, the species would lose
resiliency due to continued threats of habitat loss, decreasing habitat
quality due to invasive species and drought, and increased wildfire
frequency and intensity. These effects will increase into the future,
putting some population areas at risk of extirpation. Major
conservation efforts, including implementation of the LOHCP
conservation program, active management within currently protected but
generally unmanaged lands throughout the distribution of the species,
and additional habitat protection through acquisition and subsequent
management, could help ameliorate some of these threats in the future;
however, this level of conservation is not sufficiently certain to be
implemented.
After our review and analysis of threats as they relate to the five
statutory factors, we find that this information does not indicate that
these threats are affecting individual populations of Morro
shoulderband snail or the species as a whole across its range to the
extent that the threats currently are of sufficient imminence, scope,
or magnitude to rise to the level that the species is presently in
danger of extinction throughout all of its range. However, while
numbers of individuals across the majority of the species' range are
greater now than at the time of listing and some habitat for the
species is protected from development, the species remains negatively
affected by continued and future threats and inadequate resource needs
across much of its range.
The best available information indicates there are continued
population- and rangewide-level impacts to Morro shoulderband snails
despite beneficial conservation efforts in several of the population
areas that have reduced the magnitude of development. Specifically,
Morro shoulderband snail populations across the range continue to be
negatively affected by effects of development and invasive, nonnative
plant species, although at a lower level than at the time of listing.
However, in the foreseeable future, available information also
indicates increasing temperatures and reductions in the amount of
annual rainfall associated with climate change will likely result in
prolonged drought conditions that negatively influence Morro
shoulderband snail abundance in the future, along with increasing
frequency and intensity of wildfires. These effects will combine with
the ongoing low-grade impacts of development and invasive plants such
that the species is likely to become endangered in the foreseeable
future.
After evaluating threats to the species and assessing the
cumulative effect of the threats under the Act's section 4(a)(1)
factors, based on the best available information, we determine that the
Morro shoulderband snail is not currently in danger of extinction, but
is likely to become in danger of extinction within the foreseeable
future, throughout all of its range.
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range. The court in Center for Biological Diversity v. Everson,
2020 WL 437289 (D.D.C. Jan. 28, 2020) (Center for Biological
Diversity), vacated the aspect of the Final Policy on Interpretation of
the Phrase ``Significant Portion of Its Range'' in the Endangered
Species Act's Definitions of ``Endangered Species'' and ``Threatened
Species'' (79 FR 37578; July 1, 2014) that provided that the Service
does not undertake an analysis of significant portions of a species'
range if the species warrants listing as threatened throughout all of
its range. Therefore, we proceed to evaluating whether the species is
endangered in a significant portion of its range--that is, whether
there is any portion of the species' range for which both (1) the
portion is significant; and (2) the species is in danger of extinction
in that portion. Depending on the case, it might be more efficient for
us to address the ``significance'' question or the ``status'' question
first. We can choose to address either question first. Regardless of
which question we address first, if we reach a negative answer with
respect to the first question that we address, we do not need to
evaluate the other question for that portion of the species' range.
Following the court's holding in Center for Biological Diversity,
we now consider whether there are any significant portions of the
species' range where the species is in danger of extinction now (i.e.,
endangered). In undertaking this analysis for the Morro shoulderband
snail, we choose to address the status question first--we consider
information pertaining to the geographic distribution of both the
species and the threats that the species
[[Page 6075]]
faces to identify any portions of the range where the species is
endangered.
For the Morro shoulderband snail, we considered whether the threats
are geographically concentrated in any portion of the species' range at
a biologically meaningful scale. We examined the following threats:
Development; invasive species; wildfire; climate change; collection;
agriculture and vegetation management; and predation; as well as
cumulative effects. Threats do occur at different magnitudes across the
range of the Morro shoulderband snail. For example, the East Los Osos
and Downtown Los Osos population areas are at higher risk of
development than other areas. Other population areas are at higher risk
of fire, such as South Los Osos and Sand Spit. However, we found no
concentration of threats in any portion of the Morro shoulderband
snail's range at a biologically meaningful scale, so there is no
population area where the species might be endangered. Therefore, no
portion of the species' range provides a basis for determining that the
species is in danger of extinction in a significant portion of its
range, and we determine that the species is likely to become in danger
of extinction within the foreseeable future throughout all of its
range. This does not conflict with the courts' holdings in Desert
Survivors v. U.S. Department of the Interior, 321 F. Supp. 3d 1011,
1070-74 (N.D. Cal. 2018), and Center for Biological Diversity v.
Jewell, 248 F. Supp. 3d 946, 959 (D. Ariz. 2017) because, in reaching
this conclusion, we did not need to consider whether any portions are
significant and therefore did not apply the aspects of the Final
Policy's definition of ``significant'' that those court decisions held
were invalid.
Determination of Status
Our review of the best scientific and commercial data available
indicates that the Morro shoulderband snail meets the Act's definition
of a ``threatened species.'' Therefore, we are reclassifying the Morro
shoulderband snail as a threatened species in accordance with sections
3(20) and 4(a)(1) of the Act.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is classified, those activities that would or would
not constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a listing on
proposed and ongoing activities within the range of the species being
listed. Because we are reclassifying this species as a threatened
species, the prohibitions in the section 9 of the Act will not
automatically apply. We are, therefore, issuing a rule under section
4(d) of the Act (a ``4(d) rule'') to provide for the conservation of
the species; section 4(d) authorizes us to apply any of the
prohibitions in section 9 to a threatened species. The 4(d) rule, which
includes a description of the kinds of activities that will or will not
constitute a violation, complies with this policy.
II. Rule Issued Under Section 4(d) of the Act
Background
Section 4(d) of the Act contains two sentences. The first sentence
states that the Secretary shall issue such regulations as she deems
necessary and advisable to provide for the conservation of species
listed as threatened. The U.S. Supreme Court has noted that statutory
language like ``necessary and advisable'' demonstrates a large degree
of deference to the agency (see Webster v. Doe, 486 U.S. 592 (1988)).
Conservation is defined in the Act to mean the use of all methods and
procedures which are necessary to bring any endangered species or
threatened species to the point at which the measures provided pursuant
to the Act are no longer necessary. Additionally, the second sentence
of section 4(d) of the Act states that the Secretary may by regulation
prohibit with respect to any threatened species any act prohibited
under section 9(a)(1), in the case of fish or wildlife, or section
9(a)(2), in the case of plants. Thus, the combination of the two
sentences of section 4(d) provides the Secretary with wide latitude of
discretion to select and promulgate appropriate regulations tailored to
the specific conservation needs of the threatened species. The second
sentence grants particularly broad discretion to us when adopting the
prohibitions under section 9.
The courts have recognized the extent of the Secretary's discretion
under this standard to develop rules that are appropriate for the
conservation of a species. For example, courts have upheld rules
developed under section 4(d) as a valid exercise of agency authority
where they prohibited take of threatened wildlife, or include a limited
taking prohibition (see Alsea Valley Alliance v. Lautenbacher, 2007
U.S. Dist. Lexis 60203 (D. Or. 2007); Washington Environmental Council
v. National Marine Fisheries Service, 2002 U.S. Dist. Lexis 5432 (W.D.
Wash. 2002)). Courts have also upheld 4(d) rules that do not address
all of the threats a species faces (see State of Louisiana v. Verity,
853 F.2d 322 (5th Cir. 1988)). As noted in the legislative history when
the Act was initially enacted, ``once an animal is on the threatened
list, the Secretary has an almost infinite number of options available
to him [or her] with regard to the permitted activities for those
species. He [or she] may, for example, permit taking, but not
importation of such species, or he [or she] may choose to forbid both
taking and importation but allow the transportation of such species''
(H.R. Rep. No. 412, 93rd Cong., 1st Sess. 1973).
Exercising this authority under section 4(d), we have developed a
rule that is designed to address the Morro shoulderband snail's
specific threats and conservation needs. Although the statute does not
require us to make a ``necessary and advisable'' finding with respect
to the adoption of specific prohibitions under section 9, we find that
this rule as a whole satisfies the requirement in section 4(d) of the
Act to issue regulations deemed necessary and advisable to provide for
the conservation of the Morro shoulderband snail. As discussed above
under Summary of Biological Status and Threats, we have concluded that
the Morro shoulderband snail is likely to become in danger of
extinction within the foreseeable future primarily due to the ongoing
impacts of development and invasive plants combined with projected
impacts from climate change and increasing frequency and severity of
wildfire. The provisions of this 4(d) rule promote conservation of the
Morro shoulderband snail by encouraging management of the landscape in
ways that meet both land management considerations and the conservation
needs of the Morro shoulderband snail. The provisions of this rule are
one of many tools that we will use to promote the conservation of the
Morro shoulderband snail.
Provisions of the 4(d) Rule
This final 4(d) rule provides for the conservation of the Morro
shoulderband snail by prohibiting all acts described under section
9(a)(1) of the Act, except take resulting from the activities listed
below when conducted within habitats occupied by the Morro shoulderband
snail. This final rule to reclassify the Morro shoulderband snail as a
threatened species discusses take of individuals through removal or
degradation of native habitat as one of the reasons for its decline. It
also discusses the effects of more frequent or increased intensity of
wildfire events associated with climate change. The specific focus of
the exceptions to prohibitions included in this final 4(d)
[[Page 6076]]
rule is take directly associated with habitat restoration activities in
disturbed or degraded native scrub and chaparral habitats throughout
the estimated 2,638-ha (6,520-ac) range of the Morro shoulderband
snail, and specific fire hazard reduction activities within the
estimated range of the species.
Habitat restoration activities improve the condition and habitat
suitability for the Morro shoulderband snail and other constituent
scrub and chaparral species. Habitat within the range of the species
has been subject to degradation that has reduced its suitability for
the Morro shoulderband snail. This degradation is the result of
invasion by nonnative plant species, particularly perennial veldt
grass, that occurs after clearing of native plant communities or on
unmanaged lands post-fire. Perennial veldt grass and other nonnative
grass species can serve as ladder fuels and convey fires originating in
the wildland-urban interface into the native scrub and chaparral
communities that surround the community of Los Osos. Community concern
over the frequency and intensity of wildfire is increasing every year
with the increased frequency of catastrophic wildfire events in
California. Widespread wildfires within the range of the Morro
shoulderband snail could result in local extirpations of populations/
occurrences of the Morro shoulderband snail and reduce or eliminate the
ability of the species to recolonize recovering habitat post-fire, even
with management of post-wildfire areas.
This final 4(d) rule sets forth the following exceptions to the
prohibitions on incidental take when conducted within the range of the
Morro shoulderband snail:
(1) Native habitat restoration activities, inclusive of invasive
and/or nonnative species removal, conducted by a conservation
organization (e.g., the California Native Plant Society, Audubon
Society, the Land Conservancy of San Luis Obispo County) pursuant to a
Service-approved management or restoration plan.
(2) Fire hazard reduction activities implemented by the California
Department of Forestry and Fire Protection (CALFIRE) in accordance with
a Service-approved plan within the range of the Morro shoulderband
snail.
Fire hazard reduction activities on legal parcels or other non-
Federal land within the range of the species will be exempted from the
take prohibitions of section 9(a)(1) of the Act. Anticipated fire
reduction treatments include removal of downed, dead, or diseased
vegetation, creation of shaded fuel breaks, and mowing of nonnative
grassland. We anticipate that these fire hazard reduction activities
will have short-term effects on the Morro shoulderband snail.
Implementation of fire hazard reduction activities will reduce the risk
of catastrophic wildfires, which otherwise could result in local
extirpations of Morro shoulderband snail occurrences/populations. Under
the Act, ``take'' means to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to attempt to engage in any such
conduct. Some of these provisions have been further defined in
regulation at 50 CFR 17.3. Take can result knowingly or otherwise, by
direct and indirect impacts, intentionally or incidentally. Regulating
incidental take would help preserve the species' remaining populations,
slow their rate of decline, and decrease synergistic, negative effects
from other threats.
We may issue permits to carry out otherwise prohibited activities,
including those described above, involving threatened wildlife under
certain circumstances. Regulations governing permits are codified at 50
CFR 17.32. With regard to threatened wildlife, a permit may be issued
for the following purposes: For scientific purposes, to enhance
propagation or survival, for economic hardship, for zoological
exhibition, for educational purposes, for incidental taking, or for
special purposes consistent with the purposes of the Act. The statute
also contains certain statutory exemptions from the prohibitions, which
are found in sections 9 and 10 of the Act.
We recognize the special and unique relationship with our State
natural resource agency partners in contributing to conservation of
listed species. State agencies often possess scientific data and
valuable expertise on the status and distribution of endangered,
threatened, and candidate species of wildlife and plants. State
agencies, because of their authorities and their close working
relationships with local governments and landowners, are in a unique
position to assist us in implementing all aspects of the Act. In this
regard, section 6 of the Act provides that we shall cooperate to the
maximum extent practicable with the States in carrying out programs
authorized by the Act. Therefore, any qualified employee or agent of a
State conservation agency that is a party to a cooperative agreement
with us in accordance with section 6(c) of the Act, who is designated
by his or her agency for such purposes, will be able to conduct
activities designed to conserve the Morro shoulderband snail that may
result in otherwise prohibited take without additional authorization.
Nothing in this 4(d) rule will change in any way the recovery
planning provisions of section 4(f) of the Act, the consultation
requirements under section 7 of the Act, or our ability to enter into
partnerships for the management and protection of the Morro
shoulderband snail. However, interagency cooperation may be further
streamlined through planned programmatic consultations for the species
between us and other Federal agencies, where appropriate.
III. Common Name of Listed Entity
As a result of the new data and supportive references noted earlier
in this rule, we recognize the change in the common name of the listed
entity Helminthoglypta walkeriana as the Morro shoulderband snail,
without the synonym ``banded dune snail.'' We include this change in
nomenclature for the species under Regulation Promulgation, below.
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be
prepared in connection with determining a species' listing status under
the Endangered Species Act. We published a notice outlining our reasons
for this determination in the Federal Register on October 25, 1983 (48
FR 49244). This position was upheld by the U.S. Court of Appeals for
the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir.
1995), cert. denied 516 U.S. 1042 (1996)).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge
[[Page 6077]]
our responsibilities to work directly with Tribes in developing
programs for healthy ecosystems, to acknowledge that Tribal lands are
not subject to the same controls as Federal public lands, to remain
sensitive to Indian culture, and to make information available to
Tribes.
We did not receive any comments from Tribes on the proposed rule.
We have determined that no Tribes will be affected by this rule because
there are no Tribal lands or interests within or adjacent to Morro
shoulderband snail habitat.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and upon request from
the Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this final rule are the staff members of the
Fish and Wildlife Service's Species Assessment Team and the Ventura
Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.11, in paragraph (h), by removing the entry for
``Snail, Morro shoulderband (=Banded dune)'' and adding the entry
``Snail, Morro shoulderband'' in its place under SNAILS in the List of
Endangered and Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Snails
* * * * * * *
Snail, Morro shoulderband....... Helmin thoglypta Wherever found.... T 59 FR 64613, 12/15/
walkeriana. 1994; 87 FR [INSERT
FEDERAL REGISTER PAGE
WHERE THE DOCUMENT
BEGINS], 2/3/2022; 50
CFR 17.45(b); \4d\ 50
CFR 17.95(f).\CH\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Amend Sec. 17.45 by adding paragraph (b) to read as follows:
Sec. 17. 45 Special rules--snails and clams.
* * * * *
(b) Morro shoulderband snail (Helminthoglypta walkeriana)--(1)
Prohibitions. The following prohibitions that apply to endangered
wildlife also apply to the Morro shoulderband snail. Except as provided
under paragraph (b)(2) of this section and Sec. Sec. 17.4 and 17.5, it
is unlawful for any person subject to the jurisdiction of the United
States to commit, to attempt to commit, to solicit another to commit,
or cause to be committed, any of the following acts in regard to this
species:
(i) Import or export, as set forth at Sec. 17.21(b) for endangered
wildlife.
(ii) Take, as set forth at Sec. 17.21(c)(1) for endangered
wildlife.
(iii) Possession and other acts with unlawfully taken specimens, as
set forth at Sec. 17.21(d)(1) for endangered wildlife.
(iv) Interstate or foreign commerce in the course of commercial
activity, as set forth at Sec. 17.21(e) for endangered wildlife.
(v) Sale or offer for sale, as set forth at Sec. 17.21(f) for
endangered wildlife.
(2) Exceptions from prohibitions. In regard to this species, you
may:
(i) Conduct activities as authorized by a permit under Sec. 17.32.
(ii) Take, as set forth at Sec. 17.21(c)(2) through (4) for
endangered wildlife.
(iii) Take, as set forth at Sec. 17.31(b).
(iv) Take incidental to an otherwise lawful activity caused by:
(A) Native habitat restoration activities, inclusive of invasive
and/or nonnative species removal, conducted by a conservation
organization pursuant to a Service-approved management or restoration
plan.
(B) Fire-hazard reduction activities implemented by the California
Department of Forestry and Fire Protection in accordance with a
Service-approved plan within the range of the Morro shoulderband snail.
(v) Possess and engage in other acts with unlawfully taken
wildlife, as set forth at Sec. 17.21(d)(2) for endangered wildlife.
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-02008 Filed 2-2-22; 8:45 am]
BILLING CODE 4333-15-P
</pre></body>
</html>Indexed from Federal Register on February 3, 2022.
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