Rule2023-01400
Endangered and Threatened Wildlife and Plants; Removing Five Species That Occur on San Clemente Island From the Federal Lists of Endangered and Threatened Wildlife and Plants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 25, 2023
Effective
February 24, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), are removing the San Clemente (SC) Bell's sparrow (Artemisiospiza belli clementeae) (formerly known as the SC sage sparrow, Amphispiza belli clementeae), San Clemente Island (SCI) bush-mallow (Malacothamnus clementinus), SCI paintbrush (Castilleja grisea), SCI lotus (Acmispon dendroideus var. traskiae), and SCI larkspur (Delphinium variegatum ssp. kinkiense) from the Federal Lists of Endangered and Threatened Wildlife and Plants (Lists). The bird species and four plant species occur only on SCI, one of the California Channel Islands off the southern coast of California. The delistings are based on our evaluation of the best available scientific and commercial information, which indicates that the status of each species has improved and threats to the species have been eliminated or reduced to the point that the species have recovered and no longer meet the definitions of either endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). Accordingly, the protections provided by the Act will no longer apply to these species.
Full Text
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<title>Federal Register, Volume 88 Issue 16 (Wednesday, January 25, 2023)</title>
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[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Rules and Regulations]
[Pages 4761-4792]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01400]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2020-0074; FF09E22000 FXES11130900000 201]
RIN 1018-BE73
Endangered and Threatened Wildlife and Plants; Removing Five
Species That Occur on San Clemente Island From the Federal Lists of
Endangered and Threatened Wildlife and Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are removing
the San Clemente (SC) Bell's sparrow (Artemisiospiza belli clementeae)
(formerly known as the SC sage sparrow, Amphispiza belli clementeae),
San Clemente Island (SCI) bush-mallow (Malacothamnus clementinus), SCI
paintbrush (Castilleja grisea), SCI lotus (Acmispon dendroideus var.
traskiae), and SCI larkspur (Delphinium variegatum ssp. kinkiense) from
the Federal Lists of Endangered and Threatened Wildlife and Plants
(Lists). The bird species and four plant species occur only on SCI, one
of the California Channel Islands off the southern coast of California.
The delistings are based on our evaluation of the best available
scientific and commercial information, which indicates that the status
of each species has improved and threats to the species have been
eliminated or reduced to the point that the species have recovered and
no longer meet the definitions of either endangered or threatened
species under the Endangered Species Act of 1973, as amended (Act).
Accordingly, the protections provided by the Act will no longer apply
to these species.
DATES: This rule is effective February 24, 2023.
ADDRESSES: This final rule, supporting documents used in preparing this
rule, the post-delisting monitoring plans, and the comments received on
the proposed rule are available for public inspection at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2020-0074.
FOR FURTHER INFORMATION CONTACT: Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250,
Carlsbad, CA 92008; telephone 760-431-9440. Individuals in the United
States who are deaf, deafblind, hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, a species may be
removed from the Federal Lists of Endangered and Threatened Wildlife
and Plants (i.e., ``delisted'') if it is determined that the species
has recovered and no longer meets the definition of an endangered
species or a threatened species. Delisting a species can only be
completed by issuing a rule.
What this document does. This rule removes the SC Bell's sparrow
(Artemisiospiza belli clementeae) (formerly known as the SC sage
sparrow, Amphispiza belli clementeae), SCI bush-mallow (Malacothamnus
clementinus), SCI paintbrush (Castilleja grisea), SCI lotus (Acmispon
dendroideus var. traskiae), and SCI larkspur (Delphinium variegatum
ssp. kinkiense) from the Federal Lists of Endangered and Threatened
Wildlife and Plants (Lists) based on the species' recovery.
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species because of one or more
of the five factors described in section 4(a)(1) of the Act: (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. We must consider
these same factors in delisting a species.
We have determined that the five SCI species are not in danger of
extinction now nor are they likely to become so in the foreseeable
future based on a comprehensive review of their status and listing
factors. Specifically, our recent review indicated that the Navy's
successful removal of nonnative herbivores (goats, sheep, pigs, cattle,
mule deer) led to recovery of vegetation in areas of severely degraded
habitat on SCI and to the recovery of these five species to the point
that they no longer require protections under the Act. Accordingly, the
species no longer meet the definition of endangered or threatened
species under the Act.
We developed species status assessment (SSA) reports for the five
species, in cooperation with an SSA team and the Navy. The SSA reports
represent a compilation of the best scientific and commercial data
available concerning the status of these species, including the impacts
of past, present, and future factors (both negative and beneficial)
affecting the species.
Peer review and public comment. In each of the five respective
SSAs, we evaluated the species' needs, current conditions, and future
conditions to inform our May 5, 2021, proposed rule (86 FR 23882). We
sought peer review from independent specialists and evaluated their
comments to ensure that our determination is based on scientifically
sound data, assumptions, and analyses. We considered all comments and
information we received during the public comment period on the
proposed delisting rule and the draft PDM plan when developing this
final rule.
Previous Federal Actions
On May 5, 2021, we proposed to delist these five SCI species from
the Federal Lists of Endangered and Threatened Wildlife and Plants (86
FR 23882). Please refer to that proposed rule for a detailed
description of previous Federal actions concerning these species. The
proposed rule and supplemental documents are provided at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under Docket No. FWS-R8-ES-2020-0074.
Summary of Changes From the Proposed Rule
On December 9, 2021, following the closing of the public comment
period on the proposed rule and while this final rule was being
drafted, we received from the U.S. Navy (hereafter, ``Navy'') a draft
description of the proposed action and alternatives for the San
Clemente Island Training and Testing Environmental Analysis, which
identified proposed changes in training activities and proposed
designation of new training areas in habitat occupied by the five SCI
species. In response to this new information, we coordinated with the
Navy to identify appropriate avoidance and minimization measures, and
the Navy reaffirmed commitment to
[[Page 4762]]
incorporate minimization measures into future training activities
(Golumbfskie-Jones 2022, in litt, p. 1).
We also refined the analysis of current and future conditions as
presented in Version 1.0 of each of the SSAs in response to this new
information by including the proposed training areas in the analysis
and revising the anticipated erosion and adjacency impact zone at the
periphery of assault vehicle maneuver areas (AVMA) and landing zones
(LZs). In the proposed rule, under extreme conditions in the future
scenarios, we considered that all plants in an entire watershed could
be impacted by training if an AVMA occurred in the same watershed. As
revised, we instead analyzed impacts to occur up to 500 feet around the
areas, as 500 feet more accurately reflects the impacts of training
that could extend beyond the boundaries of AVMAs and LZs based on
observations of baseline conditions surrounding existing AVMAs and LZs
and in consideration of the erosion control measures the Navy will
continue to implement. Thus, incorporation of a 500-foot impact zone
beyond the boundary of these areas provides a more biologically
accurate assessment for future condition, compared to the proposed
rule, where we assumed that all plants in the watershed would be lost.
The results of our analysis were incorporated into the respective
SSAs, which are available as Version 1.1. Future condition of each
species in Version 1.1 of each SSA was assessed using the same
methodology as in the original SSAs, with the following expectations:
(1) Future military training would be limited to the high-use training
footprints identified in the SSA Version 1.1; (2) fire impacts to
species considered would occur within the same areas of the island that
experienced two or more fires during the period 2007-2018; (3) impacts
within high-use training and frequent fire footprints would increase;
and (4) impacts outside high-use training and frequent fire footprints
would be minimal. No change in the fire footprint (beyond that
contemplated in the original SSA) is considered because it is unlikely
there will be changes in ignition sources or fire management, and thus
future fire patterns should remain comparable to historical fire
patterns. As described below, and with the exception of changes made as
a result of Navy input, we made no substantive changes to this final
rule based on comments received on our proposed rule by Federal and
State partners, or based on comments received from the public during
the public comment period.
Summary of Comments and Recommendations
In our May 5, 2021, proposed rule to delist the five SCI species
(86 FR 23882), we requested that all interested parties submit written
comments on the proposed delistings and our draft PDM plan by July 6,
2021. We also contacted appropriate Federal and State agencies,
scientific experts and organizations, and other interested parties and
invited them to comment on the proposed delistings and draft PDM plan.
A newspaper notice inviting general public comments was published in
the San Diego Union-Tribune (major local newspaper) and also announced
using online and social media sources. We received five comments from
the public on the proposed rule, and we received no requests for a
public hearing. While all of the commenters expressed general views
that the five SCI species should remain listed under the Act, none
provided substantive information that required changes to this final
rule.
Final Delisting Determination
Species Information
Below, we present a review of the taxonomy, life history, ecology,
and overall status of the five SCI species, referencing data where
appropriate from the SSAs that were finalized for each of the five
species.
Overview of San Clemente Island
The five species addressed in this final rule are endemic to SCI,
the southernmost island of the California Channel Islands, located 64
miles (mi) (103 kilometers (km)) west of San Diego, California. The
island is approximately 56 square mi (145 square km, 36,073 acres (ac),
or 14,598 hectares (ha)) (Junak and Wilken 1998, p. 2) and is long and
narrow: 21 mi (34 km) long by 1.5 mi (2.4 km) wide at the north end,
and 4 mi (6.4 km) wide at the south end (USFWS 1984, p. 5). The island
consists of a relatively broad open plateau that slopes gently to the
west. Conspicuous marine terraces line the western slope of the island,
while steep escarpments drop precipitously to the rocky coastline on
the eastern side along the southern 75 percent of its coastline. Many
canyons, some of which are up to 500 feet (ft) (152 meters (m)) deep,
dissect the southern part of the island. Mount Thirst, the highest
point on the island, rises to approximately 1,965 ft (599 m) (Navy
2013a, p. 1.4).
SCI is located in a Mediterranean climatic region with a
significant maritime influence. Average monthly temperatures range from
58 degrees Fahrenheit ([deg]F) (14 degrees Celsius ([deg]C)) to 66
[deg]F (19 [deg]C), with a monthly maximum temperature of 72 [deg]F (22
[deg]C) in August and a monthly minimum of 51 [deg]F (10 [deg]C) in
December (Navy 2013a, p. 3.11). Average monthly relative humidity
varies from 54 to 86 percent depending on location and time of year,
and the island experiences dramatic fluctuations in annual rainfall,
averaging 6.6 inches (in) (16.8 centimeters (cm)) (Navy 2013a, pp.
3.11, 3.13). Precipitation is received mainly from November through
April, with little from May through October. In addition to
precipitation, low-level stratiform clouds and fog drip during the
typical dry season provide moisture to the SCI ecosystem (Navy 2013a,
pp. 3.9, 3.13). The central plateau is characterized mainly by native
and nonnative grassland communities. Marine terraces on the western
side of the island support maritime desert scrub communities, and the
steep eastern escarpment supports grassland and sagebrush communities.
Deep canyons that incise both the east and the west sides of the island
support limited canyon woodland communities.
San Clemente Bell's Sparrow
A thorough review of the taxonomy, life history, and ecology of the
SC Bell's sparrow is presented in the SSA report (USFWS 2022a). The SC
Bell's sparrow (Artemisiospiza belli clementeae; Chesser et al. 2012),
formerly called the SC sage sparrow, is a non-migratory subspecies of
Bell's sparrow endemic to SCI. It is a grayish-brown-colored sparrow
with a small dark breast spot, complete white eye rings, and
distinctive white and black malar stripes. It is approximately 5.1-5.9
in (13-15 cm) long, and weighs, on average, 0.59 ounces (16.8 grams)
(Martin and Carlson 1998, p. 2; Turner et al. 2005, p. 27).
The SC Bell's sparrow was once close to extinction, with a low of
38 individual adults reported in 1984 (Hyde 1985, p. 30). The
population was estimated to be 316 in 1981, 38 in 1984, and 294 in 1997
(Beaudry et al. 2003, pp. 1-2), based on transect surveys on the marine
terraces of the west shore of the island. In the period 1999-2011,
transect surveys continued predominantly in boxthorn habitat on the
west shore, and population estimates ranged from 452 to 1,544 SC Bell's
sparrows (USFWS 2022b, p. 27). As the native shrub habitat recovered
following the removal of the nonnative grazing and browsing animals,
the distribution of SC Bell's sparrow
[[Page 4763]]
expanded on SCI (Meiman et al. 2019, pp. 2-4). Observations of Bell's
sparrows in areas of the island outside the marine terraces on the west
shore increased. In 2012, breeding season survey methodology was
modified (Meiman et al. 2019, pp. 3-4) to include survey plots randomly
distributed throughout the island. Using this approach, new plots are
selected for survey each year. Implementation of this survey
methodology resulted in an island-wide estimate of 2,267 Bells' sparrow
territories (4,534 adult sparrows) in 2013. The population estimates
ranged from 4,194 to 7,656 adult Bell's sparrows in the period 2013-
2018 (USFWS 2022a, p. 25). While the SC Bell's sparrow is now
distributed widely across the island (see figure 1, below), its density
varies greatly spatially and among vegetation types. SC Bell's sparrows
may be found in some habitat mapped as grasslands; however, many
grassland areas do not support SC Bell's sparrows, likely due in part
to the lack of shrub cover. Recent estimates of potential available
habitat have increased from approximately 4,196 ha (10,369 ac) in 2009
(USFWS 2009, p. 8) to approximately 13,132 ha (32,449 ac) (Meiman et
al. 2018, p. 5).
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Boxthorn-dominated plant communities, particularly along the
northwest shoreline and marine terraces, support high-quality habitat
that provided refugia to the Bell's sparrow when the population was
lower. Boxthorn habitat along the northwestern shoreline and marine
territories remains densely populated, supporting a significant
percentage of the SC Bell's sparrow population. This area is
particularly important to the species. In addition, moderate to high
population densities are also found in sagebrush and shrub habitat
along the steep eastern slope. SC Bell's sparrows are present in
significantly lower densities in mixed shrub, cactus, and grassland
(grass/herb) habitats along the central plateau (Meiman et al. 2018, p.
18).
[[Page 4765]]
SC Bell's sparrows inhabit most plant communities on SCI, including
maritime desert scrub in Lycium (boxthorn) phase, Opuntia (prickly
pear) phase, and Cylindropuntia (cholla) phase; maritime sage scrub;
canyon shrubland/woodland; and grasslands (USFWS 2022a, pp. 20-21).
Within these plant communities, SC Bell's sparrows show an affinity for
areas dominated by shrubs and cacti (Opuntia sp.). SC Bell's sparrows
demonstrate a positive association with structural shrub cover (Meiman
et al. 2015, p. 33), as they typically use shrubs for nesting substrate
and use the gaps between and area underneath shrubs for foraging. The
abundance of shrubs, including boxthorn, has been positively correlated
with sparrow density (Turner 2009, pp. 53-54). High grass cover has
been correlated with lower sparrow densities and larger territory
sizes, which may indicate that grasses are not likely important
resources during the nesting season (Turner 2009, pp. 53-54).
The SC Bell's sparrow is a ground gleaner and eats available
insects and spiders, and seeds taken from the ground and low
vegetation. During the winter, SC Bell's sparrows feed on prickly pear
and cholla cactus fruit and on moths (Hyde 1985, p. 24). The initiation
of breeding activity and the length of the nesting season appear to be
tied to precipitation patterns (Kaiser et al. 2007, pp. 48-49; Meiman
et al. 2018, p. 36). Breeding activity usually peaks in March and April
and lasts through late June or July. Clutch size ranges from one to
five eggs, with asynchronous hatching after 12 to 13 days of incubation
conducted mostly by the female (Martin and Carlson 1998, p. 9). SC
Bell's sparrows can breed during their first year. A pair can produce
multiple clutches, with some pairs producing multiple successful broods
in favorable years (Martin and Carlson 1998, p. 9; Kaiser et al. 2008,
p. 36). SC Bell's sparrows express site fidelity each nesting season,
and juveniles disperse from the natal area during their first winter.
Amounts and distribution of rainfall affect the timing and extent
of vegetation growth and flowering, which likely affects resource
availability for SC Bell's sparrows. During drought years, SC Bell's
sparrows may not reproduce at all, or a subset of the population may
suppress breeding (Kaiser et al. 2007, p. iv; Stahl et al. 2010, p. 48;
Meiman et al. 2019, p. 35), which can result in depressed populations
following prolonged periods of severe drought. Less severe or shorter
duration dry periods, however, do not appear to result in significant
population changes, as evidenced by recent dry periods and relatively
stable SC Bell's sparrow population estimates. SC Bell's sparrows
appear to respond to favorable precipitation patterns and resulting
conditions by producing multiple clutches, which typically drive
population numbers up in years that follow ``good'' precipitation years
(Kaiser et al. 2007, p. iv; Stahl et al. 2010, p. 50).
San Clemente Island Bush-Mallow
A thorough review of the taxonomy, life history, and ecology of the
SCI bush-mallow is presented in the SSA report (USFWS 2022b). SCI bush-
mallow (Malacothamnus clementinus) is a rounded shrub in the Malvaceae
(mallow family) (Slotta 2012; 77 FR 29078, p. 29080, May 16, 2012).
Plants are generally 2.3 to 3.3 ft (0.7 to 1 m) tall with numerous
hairy branched stems arising from the base of the plant (Munz and
Johnston 1924, p. 296; Munz 1959, pp. 122-125; Bates 1993, p. 752).
Flowers are clustered in the uppermost leaf axils, forming interrupted
spikes 3.9 to 7.9 in (10 to 20 cm) long (Munz 1959, p. 125). Flowers
are bisexual and variously described as having pink or white and fading
lavender petals (Munz and Johnston 1924, p. 296; Bates 1993, p. 752).
The historical range and distribution of SCI bush-mallow on SCI is
unknown because botanical studies were not conducted on the island
prior to the introduction of ungulates beginning in the 1800s (Kellogg
and Kellogg 1994, p. 4). At the time of listing, one site at Lemon Tank
Canyon on the eastern side of the island and two additional locations
of two to three small plants in China Canyon on the southern end of the
island were known (42 FR 40682, p. 40683, August 11, 1977; USFWS 1984,
p. 48). Since listing, new locations of SCI bush-mallow have been
discovered among the generally southwesterly facing coastal terraces
and their associated escarpments in the southern and middle regions of
SCI (Junak and Wilken 1998, pp. 1-416, Geographic Information System
(GIS) data; Junak 2006, pp. 1-176, GIS data; Tierra Data Inc. 2008, pp.
1-24, appendices and GIS data; SERG 2010a and 2010b, GIS data). Most of
the known locations occur throughout the southwestern region of the
island. The main southern distribution of SCI bush-mallow is
disconnected from the Lemon Tank Canyon locality by approximately 4 mi
(6.4 km). Many of these new locations have been documented since feral
mammals were removed, suggesting that plants may have reemerged from
underground stems that survived grazing by feral herbivores (Junak
2006, pers. comm. in 77 FR 29078, p. 29086, May 16, 2012), although
experts doubt that rhizomes would be able to store enough energy to
sprout after a long period of dormancy without sending up shoots in the
interim (Munson 2022, pers. comm.; Rebman 2019, pers. comm.; Morse
2020, pers. comm.).
The current abundance and distribution of SCI bush-mallow is
estimated to total approximately 5,611 individuals at 222 locations
occupying 15 watersheds (see figure 2, below) (USFWS 2022b, pp. 29-31).
Because distinguishing genetically distinct individuals among groups of
stems is difficult, counts or estimates of individuals have most often
been used collectively to refer to both genetically distinct
individuals (genets) and clones (ramets) (USFWS 2022b, p. 26). In the
current estimate, individuals refer to individual plants and not
necessarily to genetically distinct individuals, since the number of
genetically distinct individuals is unknown. Because of access
restrictions due to risk of unexploded ordnances, occurrences within
areas subject to bombardment have not been assessed recently enough to
be included in this estimate but are likely still extant.
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SCI bush-mallow occurs in a variety of habitats on SCI.
Historically, it was observed on rocky canyon walls and ridges,
presumably because foraging goats did not browse those areas. Since
removal of nonnative feral ungulates, SCI bush-mallow has been found at
the base of escarpments between coastal terraces on the western side of
the island within maritime cactus scrub (Navy 2002, pp. D-19, D-20),
and it can also occur on low canyon benches and in rocky grasslands.
Moisture that collects in rock crevices and at the base of canyon walls
and escarpments may provide favorable conditions for this species
(Junak 2006, pers. comm. in 77 FR 29078, p. 29094, May 16, 2012). Based
on its habitat range on the island and the ease of cultivating the
plant, SCI bush-mallow appears to tolerate a broad
[[Page 4767]]
range of soil types (USFWS 1984, p. 50). It is often associated with
maritime cactus scrub vegetation on coastal flats at the southwestern
end of the island (Junak and Wilken 1998, p. 256).
SCI bush-mallow flowers in the spring and summer, typically from
March to August (Kearney 1951, p. 115; California Native Plant Society
2011). It is generally thought that SCI bush-mallow is pollinated by
insects; potential pollinators incidentally observed in the wild
include wasps and butterflies (USFWS 2007c, p. 9). Although no specific
pollinator for this species is known, the shape of the flowers suggest
that it is not limited to a specific pollinator and instead can be
pollinated by different pollinators (Muller and Junak 2011, p. 33).
While each plant can produce large numbers of seeds, recorded seed
production in natural occurrences of SCI bush-mallow has been very low
(Helenurm 1997, p. 51; Junak and Wilken 1998, p. 291; Helenurm 1999, p.
39). Germination rates in seed trials are also low, only 4 to 35
percent (Evans and Bohn 1987, p. 538; Junak and Wilken 1998, p. 291).
Hypotheses for low seed set and germination rates include low
pollinator visitation rates, reduced pollinator diversity, partial
self-incompatibility (i.e., plants need to be pollinated by a non-
closely related individual), limited survey efforts, and that seed
germination may be stimulated by fire (USFWS 2022b, pp. 22-23).
However, it is difficult to determine the cause of the apparent low
reproductive output noted, whether low reproductive output is still an
issue currently, and whether fire assists germination.
SCI bush-mallow can reproduce vegetatively, or clonally, by
sprouting from rhizomes (Evans and Bohn 1987, p. 538), as well as
sexually by seeds, although sexual recruitment is likely low. The
ability to spread vegetatively by underground rhizomes results in
patches of spatially separate but genetically identical individuals
(Evans and Bohn 1987, p. 538). Occurrences are likely a mix of both
genetically unique individuals (genets) and clonal individuals (ramets)
that are connected underground. Although difficult to discern between
ramets and genets in the field, most groups of plants are composed of
ramets from an unknown number of genets, consistent with other plant
species exhibiting strong clonal growth. Although growth and spread of
the population has been thought to be mostly clonal (Muller and Junak
2011, p. 50), evidence of sexual reproduction includes two seedlings
identified in the field (by the presence of cotyledons) on a recently
burned site in 2014 (Munson 2022, pers. comm.). While the distribution
of SCI bush-mallow is much greater than was known at the time of
listing, difficulty and confusion with discerning between ramets and
genets and low reproductive output create uncertainty about whether it
is reproducing sexually or only clonally.
Two different studies of population genetics have been conducted
(Helenurm 1997; Helenurm 1999). These genetic assessments along with
field observations indicate that overall genetic diversity is low, but
there is some level of genetic diversity within and among patches of
SCI bush-mallow (i.e., based on these studies, not all individuals are
clones in each area). However, due to the limitations of techniques,
neither study is conclusive. Genetic diversity is presumed to have
declined since the introduction of feral browsers and grazers, but we
do not know historical or current levels of genetic diversity or normal
rates of sexual versus asexual reproduction, so no comparisons can be
made. Overall, genetic diversity within SCI bush-mallow is still very
low compared with other island endemic plant taxa (Helenurm 1999, p.
40).
This species may be subject to drought stress to some extent (from
25 to 89 percent of individuals sampled), which may reduce flowering
(Muller and Junak 2011, p. 58). This species may be drought deciduous
as is a closely related species of bush-mallow, Malacothamnus
fasciculatus, but there are no physiological studies to support this
conjecture; the similar phenology of SCI bush-mallow and its habitat
attributes support the suggestion (Muller and Junak 2011, p. 32).
Although no information is available regarding the fire tolerance
of SCI bush-mallow, other species in the same genus (e.g.,
Malacothamnus fremontii) rapidly become established after fire (Rundel
1982, p. 86). Seed germination in other species in the genus is
stimulated by fire, and there is evidence that fire may also have a
positive effect on SCI bush-mallow (Keeley et al. 2005, p. 175).
Because of its ability to resprout from rhizomes and the adaptation of
other species in the genus to fire, it is thought that SCI bush-mallow
is likely resistant to fire and that its seeds may even respond
positively to fire (USFWS 2008b, p. 77).
San Clemente Island Paintbrush
A thorough review of the taxonomy, life history, and ecology of the
SCI paintbrush is presented in the SSA report (USFWS 2022e).
SCI paintbrush (Castilleja grisea) is a highly branched perennial
subshrub in the broomrape family (Orobanchaceae) endemic to SCI (Chuang
and Heckard 1993, p. 1021) and is the only representative of the genus
Castilleja found on the island (Helenurm et al. 2005, p. 1222). SCI
paintbrush is typically 11.5 to 31.5 in (29 to 80 cm) in height and
covered with dense white, wooly hairs. Most Castilleja species have
bisexual flowers disposed in terminal spikes. The flowers of SCI
paintbrush are yellow.
SCI paintbrush is thought to have been relatively common on SCI in
the 1930s and subsequently declined as a result of unchecked grazing by
introduced feral herbivores (Helenurm et al. 2005, p. 1222). The
complete historical range of SCI paintbrush on SCI is unknown because
botanical studies were not completed before the plant's decline.
Herbarium records documented the species on the south and east sides of
the island before the time of listing (California Consortium of
Herbaria 2019, records for C. grisea). By 1963, SCI paintbrush was
reported as rare or occasional (Raven 1963, p. 337). Since the complete
removal of feral ungulates from SCI by 1992, SCI paintbrush has been
detected across the southern two-thirds of the island (Keegan et al.
1994, p. 58; Junak and Wilken 1998, p. 1-416, GIS data; Junak 2006, p.
1-176, GIS data; Tierra Data Inc. 2008, p. 1-24, appendices and GIS
data; SERG 2010a and 2010b, GIS data). The current abundance and
distribution of SCI paintbrush is estimated to comprise 601 locations
totaling 42,104 individuals occupying 87 watersheds (see figure 3,
below) (USFWS 2022e, pp. 27-29).
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Over time, the range of SCI paintbrush has expanded, and it now
occupies a broad range of habitats across the island. SCI paintbrush is
often associated with two major vegetation types: Canyon woodland
(which encompasses approximately 696 ac (282 ha)), and maritime desert
scrub (which encompasses approximately 6,228 ac (2,520 ha)). Aspect
varies widely, but generally plants are found on flats and steep rocky
slopes from 0-70 degrees (CNDDB 2019; Navy 2017, p. 11-24; Vanderplank
et al. 2019, p. 5), and the species is found almost exclusively on non-
clay soils and rocky outcrops (Vanderplank et al. 2019, p. 5). SCI
paintbrush can colonize disturbed areas, and the species likely has the
potential for further range expansion on SCI
[[Page 4769]]
(Navy 2008a, pp. 3.11-3.20; Vanderplank et al. 2019, p. 5).
All members of the genus Castilleja are considered hemiparasitic,
meaning that its roots are capable of forming parasitic connections to
roots of other plants (Heckard 1962, p. 27). Plants within the genus
are capable of photosynthesis and can exist without a host, but they
are able to derive water, nutrients, and photosynthates from a host
plant if present (Heckard 1962, p. 25). Members of the genus Castilleja
appear to form parasitic connections with a wide range of host plant
species from a wide range of families (Heckard 1962, p. 28; Atsatt and
Strong 1970, p. 280; Marvier 1996, p. 1399; Adler 2002, p. 2704; Adler
2003, p. 2086; Muller 2005, p. 4). Although studies to verify host-
connections have not been done, numerous plant species are associated
with SCI paintbrush (Junak and Wilken 1998, p. 82; Muller 2009, pers.
comm., in 77 FR 29078, p. 29096, May 16, 2012). The generalist host-
selection of C. grisea likely aided recovery of this species as the
vegetation recovered following the removal of feral browsers and
grazers (Muller and Junak 2011, pp. 16-17).
SCI paintbrush typically flowers between February and May,
producing yellow bisexual flowers (Chuang and Heckard 1993, pp. 1016-
1024; Navy 2013a, p. 3-203). SCI paintbrush is likely self-incompatible
(unable to produce viable seed through self-fertilization), as observed
in other species of the genus (Carpenter 1983, p. 218; Junak and Wilken
1998, p. 84). Results of a population genetic study were consistent
with an outcrossing breeding system (Helenurm et al. 2005, p. 1225).
SCI paintbrush is most closely related to, and shares floral traits
with, other species in the genus primarily adapted for bee pollination
(Chuang and Heckard 1991, p. 658), but both insect and hummingbird
pollination of Castilleja have been reported (Grant 1994, p. 10409;
Junak and Wilken 1998, p. 84).
Although the lifespan of SCI paintbrush is unknown, its larger
stature and woodier habit (general appearance or growth form) suggest
it may be longer lived, which would be consistent with an estimated
lifespan of 5-15 years based on observations made during repeat visits
to occupied sites (Munson 2022, pers. comm.). Based on life-history,
the persistence of interbreeding groups of plants may depend upon
frequent production of seed (Dunwiddie et al. 2001, p. 161) as no
evidence of clonal growth has been found (Muller and Junak 2010, p.
42). Population growth is primarily by recruitment from existing
populations from plants that emerged from the soil seedbank following
removal of feral herbivores or from plants that survived those impacts
(Muller and Junak 2010, p. 42). However, the increase in SCI
paintbrush's range, along with the discovery of new individuals along
trails or near buildings that people frequent (O'Connor 2022, pers.
comm.), suggests that the establishment of new population centers may
be relatively common. The degree of fire tolerance of SCI paintbrush is
unknown. It is not specifically adapted to fire, but it is likely
resilient to occasional fires and has been seen to persist in areas
after fires, although severe fires can kill plants and reduce numbers
of individuals in a location (Muller and Junak 2011, p. 16;; Tierra
Data Inc. 2005, p. 80; Vanderplank et al. 2019, p. 13).
San Clemente Island Lotus
A thorough review of the taxonomy, life history, and ecology of the
San Clemente Island lotus is presented in the SSA report (USFWS 2022d).
SCI lotus (Acmispon dendroideus var. traskiae) is a semi-woody,
flowering subshrub in the legume or pea family (Fabaceae). It is
endemic to SCI (Isely 1993, p. 619) and is one of five taxa in the
genus Acmispon found on the island (Tierra Data Inc. 2005, p. C-8;
Brouillet 2008, pp. 388-392).
SCI lotus is typically less than 4 ft (1.2 m) tall with slender
erect green branches (Munz 1974, pp. 449-450; USFWS 1984, p. 59; Allan
1999, p. 82). Each leaf has three to five leaflets, each approximately
0.2 to 0.3 in (5 to 9 millimeters (mm)) long (USFWS 1984, p. 59; Allan
1999, p. 82). SCI lotus has small yellow flowers that are bisexual and
arranged in one to five flowered clusters on stalks that arise from
axils between the stem and leaf of terminal shoots (Junak and Wilken
1998, p. 256). Pistils are initially yellow, turning orange then red as
the fruit matures (USFWS 1984, p. 59).
The 1977 listing rule mentioned that SCI lotus occurred at Wilson
Cove on the north end of the island, but no other details were
available (42 FR 40682, p. 40683, August 11, 1977). In the 1984
recovery plan, SCI lotus were restricted to six ``populations''
associated with rocky areas, with the largest number of plants growing
in the Wilson Cove area (USFWS 1984, p. 59). Only a few herbarium
specimens of SCI lotus exist, making historical distribution and
condition difficult to assess. Based on herbarium records, California
Natural Diversity Database (CNDDB) records, and the recovery plan, the
historical range includes occurrences in the northern part of the
island (Wilson Cove) down to the southern point (Pyramid Head). Since
the final removal of all feral herbivores by 1992, the distribution of
this taxon has steadily increased (77 FR 29078, p. 29110, May 16,
2012). By 1997, roughly 50 percent of documented occurrences of these
plants were found in the vicinity of Wilson Cove, and by 2004, 75
percent of the distribution of this taxon was found beyond this area
and extended to the southernmost part of the island (USFWS 2007b, pp.
4-5).
The most recent survey data show the distribution of SCI lotus
spans the length of the island from Wilson Cove to the southern tip
east of Pyramid Cove, approximately 19 mi (31 km) (Junak and Wilken
1998, p. 261; Junak 2006, Map A-C; Vanderplank et al. 2019, p. 27). The
majority of locations tend to be clustered on north-facing slopes on
the eastern side of the island (Vanderplank et al. 2019, p. 7). SCI
lotus tends to occur in small groups of 10 to 50 individuals (Allan
1999, p. 84). The statuses of some historical locations are unknown
because they occur in areas with restricted access, such as due to
unexploded ordnances, or have not been surveyed in a long time. Based
on repeated surveys within some watersheds, 15 previously occupied
watersheds are no longer considered occupied (USFWS 2022d, p. 26).
However, the overall number of watersheds in which SCI lotus is
documented increased from 4 reported during 1980-1989 surveys, to 50
reported in the period 2010-2014 (USFWS 2022d, p. 21). Despite
limitations of the survey data (e.g., not all areas were surveyed
during every survey period), the data indicate that the number of
individuals and the range of SCI lotus have increased over time, and
SCI lotus's current distribution is estimated to be 249 locations
within 57 watersheds totaling 20,743 individuals (see figure 4, below)
(USFWS 2022d, pp. 24-27).
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SCI lotus establishes on north- and east-facing slopes and ridges
at elevations ranging from 25 to 1,400 ft (7.6 to 463 m) and is found
in canyon bottoms or along ridgelines (Junak 2006, p. 125). It appears
to preferentially establish and grow somewhat colonially around rock
outcrops and among large boulders situated in grassland areas and along
the interface between grassland and maritime sage scrub (Allan 1999, p.
84; Navy 2002, p. D-9); SCI lotus also readily occupies disturbed sites
and locations close to buildings, roads, and pipelines (Navy 2013b, p.
3-201). It occurs on well-drained soils where adequate soil moisture is
available to the plant (Junak and Wilken 1998, p. 256; Navy 2002, p. D-
9) and occurs mostly on clay to rocky soils (Vanderplank et al. 2018,
p. 7). SCI lotus
[[Page 4771]]
is generally associated with two habitat types on the island: canyon
woodland supported on approximately 696 ac (282 ha) and maritime desert
scrub along the northeastern escarpment supported on approximately
6,228 ac (2,520 ha) (Navy 2002, pp. 3.57, 3.58).
SCI lotus is short-lived, with a reported lifespan of less than 5
years (USFWS 2008b, p. 113); however, individuals near Wilson Cove have
been observed to live longer than 6 years (Emily Howe 2017, pers. comm.
in Vanderplank et al. 2018, p. 6). Like other legumes, the roots of
plants in the genus Acmispon to which SCI lotus belongs are able to fix
atmospheric nitrogen, making it available to plants in the form of
ammonia, enriching the soil and making members of the genus Acmispon
important post-fire colonizers (S[oslash]rensen and Sessitsch 2007 in
Vanderplank et al. 2018, p. 4).
SCI lotus flowers between February and August, peaking from March
to May (Junak and Wilken 1998, p. 256; USFWS 2008b, p. 113), with
halictid bees (a family of small solitary bees that typically nest in
the ground), bumblebees, and small beetles observed foraging on the
flowers (Junak and Wilken 1998, p. 257; Allan 1999, pp. 64, 85). A
sister taxon (Acmispon glaber [syn. Lotus scoparius]) flowers in
response to available moisture from fog and precipitation, primarily
winter rainfall (Vanderplank and Ezcurra 2015, p. 416), which may also
be true of SCI lotus. The taxon is self-compatible, meaning it is
capable of self-fertilization, and can self-pollinate (Allan 1999, pp.
85-86), but plants may also rely on insects for more effective
pollination (Arroyo 1981, pp. 728-729).
On average, a single SCI lotus individual can produce approximately
36 to 64 flowering shoots, 118 to 144 flowers per shoot, and 4 to 6
seeds per fruit (Junak and Wilken 1998, p. 257). This information
suggests that, under ideal conditions, an individual can produce a high
volume of seeds (16,000 or more). Like most legumes, SCI lotus seeds
require scarification (weakening or opening the seed coat to promote
germination) or gradual seed coat degradation to germinate (Wall 2011,
pers. comm. in 77 FR 29078, p. 29095, May 16, 2012). SCI lotus is
thought to have high long-term survival in the seed bank. Germination
rates for seed stored for 6 years dropped only from 80 percent to 76
percent; one seed lot displayed 65 percent germination after more than
30 years in storage (Cheryl Birker 2017, pers. comm. in Vanderplank et
al. 2019, p. 6).
The majority (67 percent) of SCI lotus's genetic variability is
found among, rather than within, occurrences (Allan 1999, p. 61).
However, more recent genetic work (McGlaughlin et al. 2018, p. 754) has
shown moderate levels of genetic diversity in the species, with gene
flow between neighbor populations. The genetic diversity of SCI lotus
is equal to or higher than that of the mainland variety of the same
species, Acmispon dendroideus var. dendroideus, and SCI lotus also
contains unique and highly divergent genotypes (Wallace et al. 2017,
pp. 747-748). SCI lotus has hybridized with A. argophyllus var.
argenteus in disturbed areas in Wilson Cove (Liston et al. 1990, pp.
239-240; Allan 1999, p. 86). Based on intermediate characteristics, the
hybrid plants appear to be first generation (F1 generation) plants from
a cross between the two varieties. It is not known whether these plants
can produce viable seeds by backcrossing between the hybrids or with
the putative parent plants (Allan 1999, p. 86).
The fire tolerance of SCI lotus is not well understood. Based on
SCI lotus's growth characteristics and occurrence increases in areas
affected by fire, and the fire adaptations of related taxa, SCI lotus
may be resilient to at least occasional fire. Because it is short-lived
and likely relies on its seed bank for recruitment, fire may benefit
this taxon by opening up areas of bare ground for seedling germination
(USFWS 2007b, p. 7). However, frequent fires could exceed its tolerance
of fire severity and frequency and exhaust the seed bank in repeatedly
burned areas (USFWS 2007b, p. 11; USFWS 2022d, pp. 20-21).
San Clemente Island Larkspur
A thorough review of the taxonomy, life history, and ecology of the
SCI larkspur is presented in the SSA report (USFWS 2022c). The SCI
larkspur (Delphinium variegatum ssp. kinkiense) is an herbaceous
perennial in the buttercup family (Ranunculaceae). It grows 6 to 33 in
(14 to 85 cm) in height but generally is less than 20 in (50 cm) tall
(Koontz and Warnock 2012, no pagination). The flowers are light blue to
white in color and are bilaterally symmetrical with five petal-like
sepals and four smaller petals. The uppermost sepal is a straight or
downcurved spur that is characteristic for the genus.
SCI larkspur is one of two subspecies of Delphinium variegatum that
occur exclusively on SCI, the other being Thorne's larkspur (Delphinium
variegatum ssp. thornei). The island subspecies are currently
distinguished primarily by flower color, with Thorne's larkspur
generally having bright blue (i.e., darker), slightly larger flowers
than the SCI larkspur, which generally has white flowers, consistent
with distinctions noted in earlier works (Dodd and Helenurm 2000, p.
125; Koontz and Warnock 2012, no pagination). SCI larkspur occurs
mostly in the northern portion of the island, and Thorne's larkspur
occurs in the southern portion of the island. However, in the middle of
the island (and on the far southern end), the two flower colors coexist
in many locations, with varying proportions of each color, and flower
colors ranging from pure white to dark purple. While ambiguity of the
subspecies classifications, mostly within the central areas of the
island, has caused some confusion regarding true range and
distribution, the currently accepted taxonomic treatment recognizes the
two subspecies and is followed in our assessment.
The historical range and distribution of SCI larkspur on SCI is
unknown because botanical studies were not completed before the plant's
decline. The final listing rule (42 FR 40682; August 11, 1977) did not
provide specific information regarding the SCI larkspur's distribution
and abundance. The 1984 recovery plan noted that the subspecies
occurred in six or seven locations (USFWS 1984, pp. 17, 35). The true
range and distribution of SCI larkspur on SCI is somewhat unknown due
to the ambiguity of the subspecies classifications, particularly in the
central areas of the island where SCI larkspur and Thorne's larkspur
co-occur, as do plants exhibiting characteristics intermediate between
the two subspecies. While various delineations have been used to
classify mixed occurrences (USFWS 2022c, p. 22), SCI larkspur is
generally found mid-island on gentle slopes on the eastern side of the
island, although the species has also been detected at higher
elevations on the west side of the island (USFWS 2022c, p. 22). Since
grazing pressure was removed on SCI, both subspecies of Delphinium
variegatum have been noted to have expanded dramatically (O'Brien 2019,
pers. comm.). The species' ability to go dormant also contributes to
difficulties in determining population counts. The current distribution
and abundance estimate of SCI larkspur is 18,956 individuals within 22
watersheds (see figure 5, below). Occupancy at two additional
watersheds has been reported, but population counts are not available
at these locations (USFWS 2022c, pp, v., 36).
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SCI larkspur is found in a broad range of habitats within the same
general vegetation types and is widespread across the island. SCI
larkspur is generally found within mid- to high-elevation grasslands on
the east side of the northern and central portions of the island where
it occurs in clay, loam, and rocky soils with soil depths ranging from
shallow to deep; however, it is more often associated with non-clay
soils (Vanderplank et al., 2022.). Reported habitats have included
coastal grasslands (Koontz and Warnock 2012, no pagination), as well as
grassy slopes and benches, open grassy terraces, and chaparral and oak
woods (Warnock 1993 in USFWS 2008a, p. 12). Currently, SCI larkspur
occurs primarily on the east side of the island on gentle slopes with
northern, northwestern, and
[[Page 4773]]
eastern exposures. The higher elevation plateau supports grasslands
dominated by the native perennial bunch-grasses interspersed with
annual forbs while the mid- and lower-elevation grasslands tend to be
less floristically diverse and dominated by introduced annual grasses.
They are primarily found within vegetation communities dominated by
Artemisia californica, nonnative grasslands, and Baccharis pilularis
(Vanderplank et al., 2022.).
Flower production in Delphinium can be highly variable and may be
dependent upon quite localized weather conditions (Lewis and Epling
1959, p. 512) and soil moisture (Inouye et al. 2002, pp. 545, 549).
Plants may not flower until reaching 2 to 3 years of age (e.g., Waser
and Price 1985, p. 1727 in reference to D. nelsonii).
SCI larkspur generally flowers from March to April (California
Native Plant Society 2001, in USFWS 2008a, p. 3), but has been
documented flowering from January to April (Koontz and Warnock 2012, no
pagination). Blue and white flowered Delphinium species are largely
pollinated by bumblebees (Waser and Price 1983, p. 343; Waddington
1981, p. 154). Several different species of pollinators have been
observed visiting SCI larkspur (USFWS 2022c, p. 28; Junak and Wilken
1998, p. 120; Munson 2022, pers. comm.; SERG 2015b, p. 13). Given the
spur-length of San Clemente Island larkspur, bumblebees or hummingbirds
may be the primary pollinators (Jabbour et al. 2009, p. 814).
Successful outcrossing within island populations indicates that
pollination is effective; therefore, populations of pollinators are
likely to be ample.
Like most other California larkspurs, SCI larkspur can survive
below ground when conditions are unfavorable and may remain dormant and
not appear above-ground for one or more years. The species begins to go
dormant shortly after flowering, remaining dormant until early in the
rainy season. Although we have no information on the lifespan of SCI
larkspur, based on information regarding other species of larkspurs, it
is likely that the subspecies is relatively long-lived (USFWS 2022c, p.
28). Because of the species' ability to go dormant, and additionally
because flower production in Delphinium can be highly variable and may
be dependent upon quite localized weather conditions, exact numbers of
individuals are difficult to locate and count.
In comparison with other endemic plant species, Delphinium
variegatum appears to be typical in its pattern of genetic diversity
relative to its geographic range at both the population and taxon
levels (Dodd and Helenurm 2002, p. 619). However, in comparison with
other Delphinium, the genetic variation observed for the insular taxa
of D. variegatum appears to be low. The data suggest that there is a
higher level of gene flow among adjacent populations. If estimates of
historical gene flow are indicative of current patterns, then gene flow
among the 24 island populations studied appears to be high enough to
prevent genetic differentiation among them. This finding is consistent
with the general low level of genetic differentiation found among
populations of other species in the genus Delphinium (Dodd and Helenurm
2002, pp. 619-620).
Little is known regarding the fire tolerance of SCI larkspur.
However, its dormancy period (roughly May or June through November) and
the fire season generally coincide (O'Connor 2022, pers. comm.; Navy
2009, p. 4.22). The possible benefits of fire to SCI larkspur include
reduction in competitive shading and/or nutrient uptake, which would
likely increase flowering and possibly visibility to pollinators.
Recovery
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. 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 Lists.
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 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 definition of an
endangered species or a threatened species under the Act. 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 guidance
provided in a recovery plan.
In 1984, we published the Recovery Plan for the Endangered and
Threatened Species of the California Channel Islands (recovery plan);
it addresses the five species in this final rule, plus some additional
species (USFWS 1984, entire). The recovery plan preceded the 1988
amendments to the Act outlining required elements of recovery plans. As
such, the recovery plan does not include recovery criteria, but
followed guidance in effect at the time it was finalized. Rather than
including specific criteria for determining when threats have been
removed or sufficiently minimized, the recovery plan identifies six
objectives to achieve recovery of the Channel Island species. Given the
threats in common to the species addressed, the recovery plan is broad
in scope and focuses on restoration of habitats and ecosystem function.
The six objectives identified in the recovery plan are:
<bullet> Objective 1: Identify present adverse impacts to
biological resources and strive to eliminate them.
<bullet> Objective 2: Protect known resources from further
degradation by: (a) Removing feral herbivores, carnivores, and selected
exotic plant species; (b) controlling erosion in sensitive locations;
and (c) directing military operations and adverse recreational uses
away from biologically sensitive areas.
<bullet> Objective 3: Restore habitats by revegetation of disturbed
areas using native species.
<bullet> Objective 4: Identify areas of San Clemente Island where
habitat restoration and population increase of certain addressed taxa
may be achieved through a careful survey of the island
[[Page 4774]]
and research on habitat requirements of each taxon.
<bullet> Objective 5: Delist or downlist those taxa that achieve
vigorous, self-sustaining population levels as the result of habitat
stabilization, habitat restoration, and prevention or minimization of
adverse human-related impacts.
<bullet> Objective 6: Monitor effectiveness of recovery effort by
undertaking baseline quantitative studies and subsequent follow up work
(USFWS 1984, pp. 106-107).
The Navy has taken a variety of recovery actions to achieve the
recovery plan's objectives. These include:
<bullet> Removing all feral herbivores, which was achieved in 1992.
<bullet> Monitoring and control of the expansion of highly
invasive, nonnative plant species on an ongoing basis since the 1990s
(O'Connor 2022, pers. comm.).
<bullet> Implementing a nonnative wildlife program (nonnative
predator management) initiated by the Navy in 1992 (USFWS 2008b, p.
172).
<bullet> Conducting and funding surveys, research, and monitoring
to better understand the ecology and habitat requirements of sensitive
species and monitoring their status and the effectiveness of recovery
efforts.
<bullet> Conducting long-term vegetation monitoring studies.
<bullet> Conducting propagation and outplanting (transplant
individuals from the greenhouse to vegetative communities) of non-
listed native species through a contract with the San Diego State
University Soil Ecology and Restoration Group (SERG) (Navy 2013a, p. 3-
5). Although the restoration efforts were not specifically designed for
the benefit of the species addressed in this final rule, restoration of
the island's vegetation communities has helped to improve habitat
suitability for the subject species by reducing the spread of invasive,
nonnative plants and restoring ecological processes.
<bullet> Conducting annual reviews of fire management and fire
occurrences, allowing for adaptive management to minimize the frequency
and spread of fires. For example, in 2017, after a large fire that
burned part of the eastern escarpment had seemingly gone out, the fire
restarted the next day and response was therefore delayed. This
occurrence prompted a change in how the Navy monitors fires that are
thought to be extinguished (O'Connor 2022, pers. comm.).
<bullet> Addressing assault vehicle-related erosion through
development of an erosion control plan for the AVMAs (Navy 2013b,
entire). The Navy also incorporates erosion control measures into all
site feasibility studies to minimize impacts from erosion and avoid
impacts to listed species.
San Clemente Island Integrated Natural Resources Management Plan
Contributions to meeting the recovery objectives include adoption
and implementation of the SCI Integrated Natural Resources Management
Plan (INRMP). The Navy adopted the SCI INRMP in 2002 (Navy 2002,
entire) and updated it again in 2013 (Navy 2013a, entire). An INRMP is
intended to guide installation commanders in managing their natural
resources in a manner that is consistent with the sustainability of
those resources, while ensuring continued support of the military
mission (Navy 2002, p. 1-1). The INRMP identifies goals and objectives
for specified management units and their natural resources, including
measures to protect, monitor, restore, and manage special status
species and their habitats. The Navy identifies and addresses threats
to special status species during the INRMP planning process. If
possible, threats are ameliorated, eliminated, or mitigated through
this procedure.
The SCI INRMP outlines management actions for invasive species
control island-wide, including near listed species; biosecurity
protocols; restoration of sites that support sensitive plants; habitat
enhancement for sensitive and listed species; fuel break installation
to minimize fire spread; and fire suppression to protect endangered,
threatened, and other priority species. The Navy also developed and
implements specific plans for some management issues, including the SCI
Wildland Fire Management Plan; Erosion Control Plan; and the Naval
Auxiliary Landing Field San Clemente Island Biosecurity Plan. For
additional details on the Navy's implementation of recovery efforts,
see ``Conservation Actions and Regulatory Mechanisms,'' below.
Interim progress on achieving the recovery objectives resulted in
improvements in the status of SCI paintbrush and SCI lotus such that
our 2007 5-year reviews recommended reclassification (USFWS 2007a, p.
14; USFWS 2007b, p. 17), and both species were subsequently
reclassified from endangered species to threatened species (78 FR
45406, July 26, 2013). We also recommended in our 2007 5-year review
for SCI bush-mallow and 2008 5-year review for SCI larkspur that they
be reclassified as threatened (USFWS 2007c, p. 22; USFWS 2008a, p. 26).
While the recovery plan did not include specific metrics, the
plan's objectives have largely been achieved for these five species
through removal of nonnative herbivores and subsequent recovery of
native plant communities, and through restoration and management
actions implemented by the Navy to improve habitat and control threats
related to erosion, invasive species, fire, and land use. As a result
of these actions, habitat has been sufficiently restored and managed on
the island and supports self-sustaining populations for each of these
five taxa.
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for threatened and
endangered species. In 2019, jointly with the National Marine Fisheries
Service, the Service issued final rules that revised the regulations in
50 CFR parts 17 and 424 regarding how we add, remove, and reclassify
threatened and endangered species and the criteria for designating
listed species' critical habitat (84 FR 45020 and 84 FR 44752; August
27, 2019).
However, on July 5, 2022, the U.S. District Court for the Northern
District of California vacated the 2019 regulations (Center for
Biological Diversity v. Haaland, No. 4:19-cv-05206-JST, Doc. 168 (N.D.
Cal. July 5, 2022) (CBD v. Haaland)), reinstating the regulations that
were in effect before the effective date of the 2019 regulations as the
law governing species classification and critical habitat decisions.
Subsequently, on September 21, 2022, the U.S. Circuit Court of Appeals
for the Ninth Circuit stayed the district court's July 5, 2022, order
vacating the 2019 regulations until a pending motion for
reconsideration before the district court is resolved (In re:
Cattlemen's Ass'n, No. 22-70194). The effect of the stay is that the
2019 regulations are the governing law as of September 21, 2022.
Due to the continued uncertainty resulting from the ongoing
litigation, we also undertook an analysis of whether this final rule
would be different if we were to apply the pre-2019 regulations. That
analysis, which we described in a separate memo in the decisional file
and posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a>, concluded that we would have
reached the same proposal if we had applied the
[[Page 4775]]
pre-2019 regulations because both before and after the 2019
regulations, the standard for whether a species warrants delisting has
been, and will continue to be, whether the species meets the definition
of an endangered species or a threatened species. Further, we concluded
that our determination of the foreseeable future would be the same
under the 2019 regulations as under the pre-2019 regulations.
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 reclassifying a species from an endangered species to a
threatened species or removing a species from the Lists (50 CFR
424.11(c) through (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.
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 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 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. The SSAs estimated the future condition of
each species at 20-30 years, and we use that timeframe as the
foreseeable future in this rule.
Analytical Framework
The SSA reports document the results of our comprehensive
biological review of the best scientific and commercial data regarding
the status of the species, including assessments of the potential
threats to the species. The SSA reports do not represent our decisions
on whether any of the species should be delisted or reclassified under
the Act. They do, 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 reports; the full SSA reports can be found at Docket No. FWS-R8-ES-
2020-0074 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
To assess species 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, severe wildfire); and representation supports the ability of
the species to adapt over time to long-term changes in the environment
(for example, climate changes, successional changes to habitat). 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 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
decisions.
[[Page 4776]]
Summary of Biological Status and Threats
Below, we review the biological condition of the species and their
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.
Each of the five SCI species occurs as a single population with no
natural division in their ranges. However, for assessing species
resilience and for monitoring and tracking the plant species in the
future, we divided the species' ranges into watershed units to quantify
threats across the range. Watersheds were suggested for use in
delineation for monitoring purposes by the Navy (Vanderplank et al.
2019, pp. 6-7), as every point on the island can be easily assigned to
a watershed, and watershed boundaries on SCI are not expected to change
significantly during the 20- to 30-year timeframe of this analysis.
These units are not meant to represent ``populations'' in a biological
sense; rather, these units were designed to subdivide the species'
ranges in a way that facilitates assessing and reporting the variation
in current and future resilience across the range. In the SSAs for the
plant species, we assessed the species' ability to withstand stochastic
events in each watershed, and how these occupied watersheds contribute
to the viability of the entire island population (the species). Note
that this way of delineating analysis units within which to measure
resiliency does not follow the methods used in the July 26, 2013, rule
reclassifying SCI paintbrush and SCI lotus (78 FR 45406), and it is
therefore not directly comparable. However, the watersheds that are
represented correspond to the extant occurrences described in the July
26, 2013, reclassification rule (USFWS 2022d, pp. 82-85; USFWS 2022e,
pp. 89-92).
To assess species resilience for SC Bell's sparrow, we followed the
approach used in annual breeding season surveys. Annual breeding season
surveys divide the island into eight vegetation strata, estimate the SC
Bell's sparrow density in each strata, and extrapolate the density
across the strata to obtain a population estimate for the strata. We
assessed the resiliency of the subspecies within each of these strata
in terms of the estimated population size, and combined the strata
results to assess the resiliency of the subspecies. The vegetation
strata do not represent ``populations'' in a biological sense; as with
the plant species, these units subdivide the species' range in a way
that facilitates assessing and reporting the variation in current and
future resilience across the range.
Species Needs
Our SSA framework generally includes identifying the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels. However, population-level
and species-level needs, such as number of individuals or reproductive
success necessary to maintain an occurrence, level of gene flow or
dispersal, etc., are not well understood for any of the five species.
Where information is lacking or incomplete, we make certain scientific
assumptions based on principles of conservation biology to conduct our
analyses. In each of the plant SSAs, we make the assumption that, for
the plant species, higher numbers of individuals within a watershed
correlate with greater resilience and, conversely, watersheds with
fewer individuals or with only one occupied location within the
watershed have lower resiliency. Similarly, for SC Bell's sparrow, our
models in the SSA assume that density correlates with greater
resilience, and that vegetative strata with greater densities have
greater resilience.
Risk Factors for the San Clemente Island Species
We reviewed the potential risk factors (i.e., threats, stressors)
that could be affecting the five SCI species now and in the foreseeable
future. In this final rule, we will discuss only those factors in
detail that could meaningfully impact the status of the species. Those
risks that are not known or unlikely to have effects on the status of
the SCI species, such as disease or seed predation, are not discussed
here, but are evaluated in the SSA reports. Many of the threats and
risk factors are the same or similar for each of the species. Where the
effects are expected to be similar, we present one discussion that
applies to all species. Where the effects may be unique or different to
one species, we address that species specifically. Many of the risk
factors affect both habitat (quantity and quality) and individuals of
the species (disturbance, injury, or mortality). The primary risk
factors (i.e., threats) affecting all the SCI species are: (1) Past,
current, and future land use, including military training activities
(Factors A and E from the Act); (2) erosion (Factor A); (3) invasive
species (Factors A and E); (4) fire and fire management (Factors A and
E); and (5) climate change (Factors A and E). Additional risk factors
for some of the species include predation (Factor C), drought (Factors
A and E), small population size (Factor E), and reduced genetic
diversity (Factor E). Finally, we also reviewed the conservation
efforts being undertaken for the species.
Past Land Use
The current habitat conditions for listed species on SCI are partly
the result of historical land use practices. SCI was used legally and
illegally for sheep ranching, cattle ranching, goat grazing, and pig
farming (77 FR 29078, p. 29093, May 16, 2012; Navy 2013a, p. 2-3).
Goats and sheep were introduced early by the Europeans, and cattle,
pigs, and mule deer were introduced in the 1950s and 1960s (Navy 2013a,
p. 3-185). These nonnative herbivores greatly changed the vegetation of
SCI and were the main cause of the SCI species' decline (42 FR 40682,
p. 40683, August 11, 1977). Persistent grazing and browsing defoliated
large areas of the island, and the animals' trampling caused trail
proliferation, which exacerbated erosion, altering plant communities on
SCI and leading to severe habitat degradation and loss of suitable
habitat that likely curtailed the range of endemic plants and animals
on the island. Grazing and ranching on the island also facilitated the
introduction and spread of nonnative plants (Navy 2002, p. 3-31).
All nonnative ungulates were removed by 1992 (Keegan et al. 1994,
p. 58; 77 FR 29078, p. 29093, May 16, 2012). Since then, the vegetation
on SCI has rebounded, and habitat conditions have improved, leading to
changes in the cover of native and nonnative plants on the island,
further evidenced by the increases in endangered and threatened taxa
since the feral animals were removed (Uyeda et al. 2019, pp. 6, 22,
30). While nonnative herbivores have been successfully removed and are
no longer directly affecting native plant communities, continuing
impacts include areas vulnerable to erosion that have not fully
recovered, the presence of invasive species, and the interaction of
nonnative grasses with fire. The past and continuing effects of
erosion, invasive species, and fire are discussed further below.
Overview of Current Land Use
SCI is owned by the Navy and is the primary maritime training area
for the Pacific Fleet and Sea Air and Land Teams (77 FR 29078, May 16,
2012). The island also supports training by the Marine Corps, the Air
Force, the Army, and other military organizations. As the westernmost
training range in the eastern Pacific Basin, where training operations
are performed prior to troop
[[Page 4777]]
deployments, portions of the island receive intensive use by the
military (Navy 2008a, p. 2.2).
Infrastructure, including runways, buildings, fuel distribution
network, training facilities, berthing areas, and associated
development, is concentrated at the northern half of the island. The
remainder of the island supports scattered operations buildings,
training facilities, an electrical distribution system, and Ridge Road
running along the central plateau of the island. In addition to
existing infrastructure, military exercises and training activities
occur within designated training areas on the island and have the
potential to affect the SCI species (see table 1, below). Altogether,
34.8 percent of the island's area is currently in one of these training
areas, although training does not occur uniformly within each area.
Military training activities can involve the movement of assault
vehicles and troops over the landscape and can include live munitions
fire, incendiary devices, demolitions, and bombardment.
The Shore Bombardment Area (SHOBA) occupies roughly the southern
third of the island and encompasses approximately 13,824 ac (5,594 ha)
(Navy 2008a, p. 2-7, Navy 2009, p. 2-4). Areas of intensive use within
SHOBA include two Impact Areas and three Training Areas and Ranges
(TARs). Impact Areas support naval gun firing, artillery firing, and
air-to-ground bombing (Navy 2008a, p. 2-7; Navy 2013a, p. 2-8). Much of
the remainder of SHOBA serves as a buffer around Impact Areas; thus, 59
percent of SHOBA is not within intensive training areas subject to
direct training activities. Some areas, particularly the escarpment
along the eastern coast, have limited training value because
precipitous terrain hinders ground access.
Due to military training activities, land use has been considered a
threat to listed species on SCI. Training and other land use activities
have multiple potential impacts, including trampling or crushing
individuals or groups of plants; disturbance of nesting birds or injury
or mortality of nestlings; and habitat impacts including disturbances
to soil and vegetation, spread of nonnative plant species, creation of
road ruts and trails, compaction of soils, and fires (USFWS 2008b, pp.
96-99). Erosion, nonnative species, and fire are discussed separately
from military training in this final rule.
Table 1--Summary of Current Military Training Areas and Their Potential Threats to Species on San Clemente
Island, CA
----------------------------------------------------------------------------------------------------------------
Percent of
Training area Size (acres) island * Use Threat/stressor
----------------------------------------------------------------------------------------------------------------
Assault Vehicle Maneuver Areas 1,060.5 2.9 Vehicular Soil erosion,
(3). maneuvering. trampling,
devegetation (habitat
removal); disturbance,
injury, or mortality
of individuals.
Infantry Operations Area......... 8,827.6 24.5 Dispersed foot Trampling, soil
traffic. erosion; disturbance,
injury, or mortality
of individuals.
Training Areas and Ranges (TARs) 1,968.2 5.5 Varies by TAR: Varies by TAR, but
(20). demolition, small limited to trampling,
arms, combat, etc. fires, localized
ground disturbance;
disturbance, injury,
or mortality of
individuals.
Impact Areas (2)................. 3,399.7 9.4 Bombing, live fire.. Devegetation (habitat
removal), fires;
disturbance, injury,
or mortality of
individuals.
----------------------------------------------------------------------------------------------------------------
* Because several training areas overlap, percentages total more than the 34.8 percent of the island's area
located in training areas.
Overview of Future Land Use
The Navy is drafting an environmental assessment to evaluate future
training areas, exercises, and frequency on SCI. Training frequency and
intensity in existing training areas will increase in the future, and
new training areas, including landing zones (LZs), AVMAs, and a new TAR
may be established. Up to 19 new helicopter LZs may be designated, and
we anticipate impacts associated with training could occur within about
500 feet of each LZ. Future training may include up to 13 new AVMAs, 6
of which overlap with existing training areas. We anticipate impacts
associated with this training could occur within about 500 feet of each
AVMA. Future training also includes one new TAR (TAR 23), which will be
located on the northwestern shore of SCI, within significant high-
quality boxthorn habitat that is proposed as an SCI Bell's Sparrow
Management Area. For our analysis in this final rule, we assessed these
additional training areas, the anticipated impacts, and the
conservation measures the Navy will implement to ensure the viability
of the five SCI species.
Table 2--Summary of Proposed Military Training Areas and Their Potential Impacts to Species on San Clemente
Island, CA
----------------------------------------------------------------------------------------------------------------
Percent of
Training area Size (acres) island Use Threat/stressor
----------------------------------------------------------------------------------------------------------------
Landing Zones.................... 432 1.2 Landing and staging Soil erosion,
of aircraft. trampling,
devegetation (habitat
removal), disturbance,
injury, or mortality
of individuals.
Assault Vehicle Maneuver Areas... 879 2.4 Vehicular Soil erosion,
maneuvering. trampling,
devegetation (habitat
removal); disturbance,
injury, or mortality
of individuals.
Training Area and Range #23...... 587 1.6 Sniper use.......... Trampling, localized
ground disturbance;
disturbance, injury,
or mortality of
individuals.
----------------------------------------------------------------------------------------------------------------
[[Page 4778]]
Land Use for Military Training
San Clemente Bell's sparrow--SC Bell's sparrows may be adversely
affected in habitat within and surrounding current and future training
areas. Potential adverse effects include modification and degradation
of habitat, as well as the disturbance, injury, or death of individual
SC Bell's sparrows and loss of active SC Bell's sparrow nests (USFWS
2008b, p. 174). However, because the timing, intensity, and frequency
of training activities vary widely and SC Bell's sparrow density also
varies, impacts associated with training in various training areas is
very difficult to predict or measure. In addition, SC Bell's sparrow
may tolerate an undetermined level of adjacent training-related
disturbance. For example, monitoring of SC Bell's sparrow densities in
habitat adjacent to two TARs within high-density SC Bell's sparrow
habitat did not detect major changes to SC Bell's sparrow densities in
the time period 2015-2018 (Meiman et al. 2019, pp. 9, 20-23, 38-39).
Plants--Military training activities within training areas
(primarily the Infantry Operations Area, TARs, and AVMAs) can entail
the movement of vehicles and troops over the landscape and thus include
the potential of trampling or crushing individuals or groups of plants,
or removal of habitat. Naval gun firing, artillery firing, and air-to-
ground bombing occurs within the Impact Areas, and can result in the
destruction of habitat, injury or mortality of individual plants, and
fires. Where the distributions of the plant taxa overlap with training
areas, there is potential for impacts to individuals and to habitat.
Tables 3 and 4, below, detail the number of locations, individuals, and
percent of population of each of the plant taxa that could occur within
current and future training areas. Percent of populations within
training areas range from less than 1 percent to 13 percent. However,
all land within each training area is not used for training, and
frequency and intensity of training vary among areas and uses, such
that only a subset of individuals within any training area is likely to
be affected. Additionally, some effects are minor, such as trampled
leaves or broken branches (i.e., injury but not mortality), and
frequency of training impacts may allow sufficient time for individuals
and habitats to recover.
Conservation Actions To Be Implemented by the Navy
The Navy will incorporate conservation and minimization measures
into plans for current and future training areas to reduce potential
for impacts, including erosion control measures for recently proposed
AVMAs (comparable to significant erosion control measures at existing
AVMAs), fire management measures to address recently proposed training
areas (in an updated SCI Wildland Fire Management Plan, and SC Bell's
sparrow minimization measures identified in the SSA, regardless of
listing status of the five species.
Table 3--Numbers of Locations, Watersheds, and Individuals of Plant Taxa That Occur Within Existing Military
Training Areas on San Clemente Island (SCI)
[USFWS 2022B, p. 45; USFWS 2022C, p. 52; USFWS 2022D, p. 36; USFWS 2022E, p. 37]
----------------------------------------------------------------------------------------------------------------
Percent of
Species Locations Watersheds Individuals population
----------------------------------------------------------------------------------------------------------------
SCI paintbrush.................................. 74 19 2,089 4.34
SCI lotus....................................... 4 4 22 0.11
SCI larkspur.................................... 10 4 1,847 9.74
SCI bush-mallow................................. 42 1 731 13
----------------------------------------------------------------------------------------------------------------
Table 4--Numbers of Locations, Watersheds, and Individuals of Plant Taxa That Occur Within Potential Military
Training Areas on San Clemente Island (SCI)
[USFWS 2022B, p. 45; USFWS 2022C, p. 52; USFWS 2022D, p. 36; USFWS 2022E, p. 37]
----------------------------------------------------------------------------------------------------------------
Percent of
Species Locations Watersheds Individuals population
----------------------------------------------------------------------------------------------------------------
SCI paintbrush.................................. 7 6 50 0.12
SCI lotus....................................... 11 1 651 3.14
SCI larkspur.................................... 0 0 0 0
SCI bush-mallow................................. 0 0 0 0
----------------------------------------------------------------------------------------------------------------
Summary--While ongoing military training activities have the
potential to impact all five SCI species, the majority of locations and
habitats currently occur outside intensive training areas. Within
training areas that overlap with the species' distributions, many
effects are expected to be infrequent, minor, or temporary.
Additionally, the Navy is committed to protecting and managing natural
resources on the island through revision and continued implementation
of the SCI INRMP (Navy 2013a), which outlines measures for managing
land and water resources on the island, including listed and sensitive
species, and which will be revised as needed to incorporate additional
measures to address impacts from future training. Other conservation
plans being enacted by the Navy will also be modified as needed to
address future impacts. Training is expected to continue within the
revised training footprint used for this analysis, but intensity of
training could increase in the future. Changes to training have and
will continue to be subject to environmental review under applicable
laws and regulations, and impacts to federally listed and sensitive
species will be evaluated (O'Connor 2022, pers. comm.). Projects and
changes in training areas are subject to the Navy's site approval and
review process, which includes identifying avoidance and minimization
measures for plant communities and sensitive species, including
measures that are recommended in the SCI INRMP (Navy 2013a, pp. 4-23,
4-28). Coupled with ongoing management of related threats (including
wildland fire, soil erosion, invasive species) under the SCI INRMP and
implementation of post-delisting monitoring, it is highly unlikely that
[[Page 4779]]
future changes in military training on SCI will impede or reverse
advances in the recovery of these five species.
Invasive and Nonnative Species
Along with the introduction of feral, nonnative herbivores, many
other nonnative species have been introduced to the island. While
nonnative, feral grazers have been completely removed from SCI, other
nonnative species have become established and have the potential to
negatively affect species and their habitats. These include feral cats
(Felis catus), black rats (Rattus rattus), and many species of
nonnative plants, especially nonnative annual grasses. Feral cats and
black rats can prey on eggs, chicks, and adult SC Bell's sparrows.
Nonnative plant species may alter ecological processes and habitats,
while also directly competing with native plant species.
Predation by black rats and feral cats--Since listing, predation on
SC Bell's sparrow by introduced black rats and feral cats and by native
predators has been documented (USFWS 2022a, p. 57). While total
population sizes of feral cats and black rats on the island are unknown
and have not been estimated, the Navy conducts management activities
for both on the island. Nonnative wildlife management implemented
through the INRMP focuses on control of feral cats throughout the
island and rodent control near San Clemente loggerhead shrike (Lanius
ludovicianus mearnsi) nest sites (Meiman et al. 2015, p. 2). This
program, while unlikely to completely eradicate feral cats and black
rats, affords some protection to the SC Bell's sparrow, primarily
through cat removal. Black rats remain commonly recorded nest predators
(Meiman et al. 2018, p. 26). Despite the persistence of and current
inability to eradicate black rats, the SC Bell's sparrow population
expanded over the past two decades, increasing in abundance and
distribution.
Nonnative plants--Contemporaneous with and likely aided by feral
grazing animals, many invasive, nonnative plant species have become
naturalized on SCI and are now widespread (USFWS 2022b, pp. 47-49;
USFWS 2022c, pp. 57-58; USFWS 2022d, pp. 40-41; USFWS 2022e, p. 43).
Nonnative plants can alter habitat structure and ecological processes
such as fire regimes, nutrient cycling, hydrology, and energy budgets,
and they can directly compete with native plants for water, space,
light, and nutrients (77 FR 29078, p. 29117, May 16, 2012). In addition
to altering habitat, potential impacts of nonnative plants on the four
SCI plant species include precluding germination (i.e., competitive
exclusion) and reducing or preventing pollination (e.g., by growing
densely around plants and thereby making them less obvious or less
accessible to pollinators). The invasion of nonnative annual grasses on
the island may have caused the greatest structural changes to habitat,
especially on the coastal terraces and in swales (USFWS 2007a, pp. 4-
5). Annual grasses vary in abundance with rainfall, potentially
changing the vegetation types from shrublands to grasslands and
increasing the fuel load in wet years and interacting with fire
(Battlori et al. 2013, p. 1119). The effects of fire are discussed
separately below.
While nonnative plants, especially nonnative annual grasses, have
the potential to adversely affect the listed plant species, nonnative
grasses are present but not a dominant component of the plant
communities at the majority of occurrences of the four SCI plant
species. SCI paintbrush and SCI lotus are often associated with
vegetation types where nonnative grasses are present but do not
represent a dominant component of the plant community (Junak and Wilken
1998, p. 261; Tierra Data Inc. 2005, pp. 29-42; USFWS 2007b, pp. 6-7;
Vanderplank et al. 2019, p. 12). Surveys conducted in 2011 and 2012
found just 4 occurrences (170 individuals) of SCI paintbrush in
communities dominated by invasive grasses and no SCI lotus in
communities dominated by nonnative grasses (Vanderplank et al. 2019, p.
12). Nonnative grasses do not occur densely within canyons, where SCI
bush-mallow occurs, and it does not appear as if grasses are expanding,
although they have been present on the island for many decades.
SCI larkspur occurs within grasslands that have experienced a
proliferation of nonnative plant species, especially annual grasses.
Surveys conducted between 2011 and 2017 found 13 of 74 locations of SCI
larkspur in communities dominated by invasive grasses (Navy,
unpublished data; Vanderplank et al., 2022).
While nonnative plant species, including nonnative annual grasses,
are extensively distributed across SCI both because of post-grazing
colonization of weedy species in highly disturbed habitat and
accidental introduction of new weeds through human activities, there is
no indication they are impeding recovery. Since the removal of feral
grazers, all vegetation communities have been recovering, and
naturalized grasslands (the most fire-prone of nonnative vegetation
communities) currently constitute a small proportion of the island,
approximately 10.6 percent of the island area (Navy 2013a, p. 3.59). In
addition, the island now has more intact habitats, reduced erosion, and
a stronger suite of native competitor species, making the conditions
less favorable to invasion. The Navy makes significant efforts to
control highly invasive, nonnative perennial grasses and nonnative
forbs to preclude their expansion into habitat areas and areas in which
weed control would be difficult due to terrain and access challenges,
and the Navy has monitored and controlled the expansion of highly
invasive, nonnative plant species on an ongoing basis since the 1990s
(O'Connor 2022, pers. comm.). Many conservation measures are included
in the INRMP to limit the introduction and spread of nonnative plants
(Navy 2013a, pp. 3.289-3.290). The Biosecurity Plan (Navy 2016, entire)
will continue to effectively control the arrival of potentially
invasive propagules. The plan contains actions recommended to avoid
introduction of new invasive species and works to prevent and respond
to new introductions of nonnative species and bio-invasion vectors.
Despite the existence of nonnative plants on SCI, the four SCI plant
species have expanded in distribution and abundance since listing (42
FR 40682, August 11, 1977).
Erosion
Degradation of the vegetation due to the browsing of feral goats
and rooting of feral pigs modified the island's habitat significantly
and resulted in increased erosion and soil loss over much of the
island, especially on steep slopes where denuded soils could be quickly
washed away during storm events (Johnson 1980, p. 107; Tierra Data Inc.
2007, pp. 6-7; Navy 2013a, pp. 3.32-3.33). Since the feral animals were
removed, much of the vegetation has recovered, and natural erosion on
the island has decreased significantly (Navy 2013a, p. 3-33;
Vanderplank et al. 2019, p. 15). Erosion problems currently are limited
to localized areas, and because of topography and soil characteristics,
the potential will always exist for localized erosion to occur at sites
across the island. Periods of heavy rainfall can cause localized
erosion, but these areas are difficult to predict.
In addition to erosion caused by past land uses, current and future
military training activities and the existing road network could lead
to erosion that could impact species and their habitats. Erosion is a
primary concern associated with use of the Assault Vehicle Maneuver
Corridor (AVMC). To address this issue, the Navy is implementing the
[[Page 4780]]
San Clemente Island Erosion Control Plan (Navy 2013b, entire), which
includes best management practices to prevent, minimize, and restore
impacts to sensitive resources within the AVMC. Implementation of this
plan has resulted in prioritization of low-erosion areas within the
AVMAs for assault vehicle use and establishment of routes within the
AVMAs to reduce loss of vegetation cover and allow for better control
of erosion (Vanderplank et al. 2019, p. 16).
The existing road network on SCI includes Ridge Road and
approximately 188 linear miles of dirt and paved roadways. These roads
can concentrate water flow, causing incised channels and erosion of
slopes (Forman and Alexander 1998, pp. 216-217). Increased erosion near
roads could potentially degrade habitat, especially along the steep
canyons and ridges. On occasion after particularly heavy rainfall
events, localized areas of high erosion stemming from roadways have
been noted; however, regular road maintenance and repair of associated
damage minimizes the potential for such problems to spread. The SCI
INRMP includes a management strategy that addresses island-wide
erosion. Implementation of the SCI INRMP as well as the Erosion Control
Plan (Navy 2013b, entire), which include best management practices to
prevent, minimize, and restore impacts to sensitive resources, will
continue to prevent erosion from adversely affecting the SCI species
and their habitats.
Potential for erosion to affect species depends on whether the
species and their habitats occur on soils or topography prone to
erosion, and on their proximity to activities that can cause or
exacerbate erosion. The SSAs used a 30-m (100-ft) buffer around roads
as an appropriate distance over which negative impacts to habitat could
be perceptible and should be evaluated. Previously in our analysis, we
considered individuals that occur within 152 m (500 ft) of a paved or
unpaved road vulnerable to habitat degradation (Forman and Alexander
1998, p. 217; 77 FR 29078, p. 29102, May 16, 2012). However, based on
expert opinion and observations on SCI since 2012, increased erosion
associated with roads does not extend as far from the road network as
previously thought (O'Connor 2022, pers. comm.). Based on these
observations, the buffer size considered in our proposed delisting rule
was reduced in the SSAs (Versions 1.0 and 1.1) to 30 m (100 ft) for our
analysis in this final rule.
SC Bell's sparrow--While habitat for SC Bell's sparrow may be
affected by erosion, erosion is generally localized (i.e., not
widespread and limited in size) and is unlikely to affect individuals
of the sparrow.
SCI paintbrush--SCI paintbrush is found mostly on non-clay soils
that are not prone to piping (formation of underground water channels),
and no piping or soil erosion channels have been observed in SCI
paintbrush locations (Vanderplank et al. 2019, p. 16). Only 2 percent
of individuals detected in the 2011 and 2012 surveys were located in
areas mapped as clay soils (Vanderplank et al. 2019, p. 16). Along the
eastern escarpment, SCI paintbrush is found in steep canyons in
proximity to Ridge Road, the primary road that traverses most of the
island from northwest to southeast. Roadside occurrences of SCI
paintbrush may experience runoff during storm events (Navy 2008a, pp.
G.4, G.8). Of the SCI paintbrush current distribution, 144 individuals
in 6 watersheds are located within 30 m (100 ft) of a road or the AVMC
(USFWS 2022e, p. 41). Island-wide, this represents 7 percent of the
total occupied watersheds and 0.2 percent of the total individuals.
SCI lotus--Less than 1 percent of the current population of SCI
lotus occurs within training areas where there is an increased
potential for erosion caused by military activities. The occurrence of
SCI lotus in Wilson Cove is in proximity to Navy facilities where
erosion is caused by construction of buildings and parking lots (USFWS
2008b, p. 117). No individuals have been documented to be affected by
erosion in this area (SERG 2015a, p. 40). Within the current
distribution, 434 individuals in 6 watersheds are located within 30 m
(100 ft) of a road (USFWS 2022d, p. 39). Island-wide, these amounts
represent 2 percent of the total locations and 2 percent of the total
individuals. Locations that could be affected by road impacts
(including trampling, erosion, and increased invasive species) exist
within five watersheds. Only one of these has 100 percent of their
individuals located near a road, and all of the rest have fewer than 20
percent of the individuals or locations in areas considered in this
assessment to be at risk of road impacts (USFWS 2022d, p. 39).
SCI larkspur--Less than 10 percent of the current population of SCI
larkspur lies within training areas, and none of these plants occur in
AVMAs, which are the training areas where potential for erosion is of
greatest concern. Of the distribution considered current, only 1
location comprising 70 individuals is located within 30 m (100 ft) of a
road. Island-wide, these amounts represent 1 percent of the total
locations and 0.3 percent of the total individuals. This location that
could see road impacts is just one of five in the watershed, comprising
11 percent of the total individuals in the watershed (USFWS 2022c, p.
56).
SCI bush-mallow--Approximately 13 percent of the current population
of SCI bush-mallow lies within training areas, but none of these plants
occur in AVMAs, which are the training areas with the greatest
potential for erosion. No current locations of SCI bush-mallow occur
within 30 m (100 ft) of a road.
The Navy monitors and evaluates soil erosion on SCI to assess
priorities for remediation (SERG 2006, entire; SERG 2015a, entire), and
efforts are made through revegetation and outplanting to restore areas
where erosion occurs (SERG 2016, p. 2). The INRMP requires that all
projects with potential erosion impacts include soil conservation
measures for best management practices, choosing sites that are capable
of sustaining disturbance with minimum soil erosion, and stabilizing
disturbed sites (Navy 2013a, pp. 3.33-3.37). In addition, the erosion
control plan includes specific guidelines for the development and
application of best management practices to minimize soil erosion
within these training areas, minimize offsite impacts, and prevent soil
erosion from adversely affecting federally listed or proposed species
or their habitats and other sensitive resources (Navy 2013b, entire).
Despite existing levels of soil erosion on the island, the
distributions of all five species have increased since listing (42 FR
40682, August 11, 1977). Current erosion issues are localized, and
erosion is generally decreasing on the island as the vegetation
continues to recover. Only a small percentage of individuals and
localities of these species occur within training areas or within
proximity to roads where activities can cause or exacerbate erosion.
Although the erosional processes must be considered at an island-wide
scale, impacts from erosion are not rangewide. Instead, impacts are
localized (i.e., not widespread and limited in extent) and managed, so
potential for loss of individuals due to erosion is limited or
unlikely.
Fire and Fire Management
SC Bell's sparrow--Fire can result in habitat loss and the direct
mortality of adult SC Bell's sparrows and nestlings (Navy 2018, p. 20).
While any fire severity can destroy nests and nestlings, infrequent
low-severity fires are unlikely to result in type conversion that
eliminates habitat, since shrubs
[[Page 4781]]
used as nesting and foraging habitat, if burned by a low-severity fire,
may recover or resprout. Most fires on SCI have been classified as low
severity, which may singe or stress shrubs but not kill or destroy them
(USFWS 2022a, pp. 51-57). A burned area, unless experiencing a
particularly severe fire, would likely still provide nesting substrate
once the shrubs have recovered. Any fire can have a short-term negative
impact on SC Bell's sparrows locally. Frequent, widespread or high-
severity fires could have a longer term negative impact depending on
where and how they burn. A fire-return interval of 3 years or less has
been shown to negatively impact woody shrubs on SCI (Keeley and Brennan
2015, p. 3). For instance, a fire that burns a substantial portion of
the boxthorn habitat or sagebrush habitat, areas with the highest
densities of SC Bell's sparrow, could impact a substantial portion of
the SC Bell's sparrow population. For example, the northern boxthorn
strata support almost 35 percent of the population (USFWS 2022a, p.
38), and a high-severity fire in this area could have a significant
impact on the Bell's sparrow population.
Based on current knowledge of habitat use, with the expansion of SC
Bell's sparrows into a broader range of habitats, more of the
subspecies' distribution is within areas we expect could be impacted by
fire. However, the current fire patterns and severity indicate most
fires typically start in the Impact Areas in SHOBA, away from the
highest density areas for SC Bell's sparrow. Fires are generally of low
severity and burn limited areas due to the application of firebreaks
and fire suppression. To date, no fires have broken out and burned the
high-density boxthorn habitat around TARs 10 and 17. (USFWS 2022a, p.
50). The Navy is expected to continue implementing its SCI Wildland
Fire Management Plan (Navy 2009), and we expect that fires will
continue to occur in similar areas and at similar frequency and
intensity to that observed between 2010 and 2022 and will affect a
limited number of individuals and locations of SC Bell's sparrow.
Plants--Fire is a natural component for regeneration and
maintenance of many habitats; however, maritime desert scrub
communities on SCI are not found to have been fire-dependent due to
maritime-related humidity, limited natural ignition sources, and
adaptations of specific indigenous plants. The history of fire on the
island prior to 1979 is largely unknown, but fires were set
intermittently during ranching to increase the cover of forbs and
grasses (Navy 2009, p. 3-2; Navy 2013a, p. 3-47). After the island was
purchased by the Navy in 1934, fire became a more common occurrence
throughout much of the island. Since 1979, over 50 percent of the
island has experienced at least one wildfire with smaller areas on the
island having burned up to 10 times between 1979 and 2018 (Navy 2013a,
p. 3-47; Navy, unpub. data).
The number and extent of fires (acres burned) varies annually, as
does fire severity. Currently, most fires on the island are a result of
military training and activities. Most large fires are ignited in the
Impact Areas, with most of the acreage burned concentrated in SHOBA
(Navy 2013a, p. 3-45). Fire severity data (2007 to present) indicate
that most fires are classified as low severity, with vegetation
considered lightly burned or scorched. However, 15.6 percent of the
acreage burned has been of a severity class that has detrimental
effects on shrubs, considered moderately severe to completely burned.
At low-severity levels, fires have little effect on shrubs, which
resprout and recover easily (Navy 2009, p. 4-52). Typically, due to the
patchy nature of fires, not all areas within a fire footprint are
burned uniformly; that is, not all plants in a burn polygon are
necessarily burned or burned at the same severity (SERG 2012, p. 39).
Although fire ignition points are concentrated in the military training
areas, fires that escape these areas could potentially spread to other
areas of the island. However, due to vegetation and topography, fires
have generally been confined to the same areas (Munson 2022, pers.
comm.).
Future increased fire frequency from intensified military use and
expansion of training into new areas could lead to localized changes in
vegetation. The Navy significantly expanded the number of locations
where live fire and demolition training can take place in 2008 (USFWS
2008b, pp. 21-37). However, while the number of acres that burn
annually varies greatly, the frequency and extent of fire has decreased
since the Navy began actively managing fire and implementing the
Wildland Fire Management Plan (Navy 2009, entire; USFWS 2022a, p. 56;
USFWS 2022b, pp. 53-54; USFWS 2022c, pp. 64-65; USFWS 2022d, pp. 45-47;
USFWS 2022e, p. 48). The biggest fire years between the time of listing
and now, in 1985 and 1994, burned more than twice the acreage than the
two biggest fire years in the last 15 years (2012 and 2017), which
occurred since implementation of the Wildland Fire Management Plan
(Navy 2009, entire; USFWS 2022a, p. 56; USFWS 2022b, pp. 53-54; USFWS
2022c, pp. 64-65; USFWS 2022d, pp. 45-46; USFWS 2022e, p. 48).
Severe fires can kill shrubs and woody vegetation and alter the
vegetation community, while frequent fires may not allow individuals
and habitat to recover between fire events and have the potential to
exceed a plant's capacity to sustain populations by depleting seed
banks and reducing reproductive output (Zedler et al. 1983, pp. 811-
815). However, effects to individual species depend on the species'
fire tolerance and on the overlap of its distribution with areas where
fires are likely to occur.
Fires can impact plants on SCI, but have been generally localized,
infrequent, and of low severity, and have burned mostly in regions
where these taxa are not documented (USFWS 2022b, pp. 52, 56; USFWS
2022c, pp. 61, 66; USFWS 2022d, pp. 44, 50; USFWS 2022e, pp. 46, 52).
In addition, rhizomes and seed banks can help these plants survive and
persist post-fire. Though severe fires may kill SCI lotus, some plants
are likely to survive and resprout after low-intensity fires (USFWS
2022d, p. 20). Severe fires may also kill individual SCI paintbrush
plants, however plants are likely to survive and may benefit from low-
intensity fires (USFWS 2022e, pp. 23-24). SCI larkspur does not appear
to be significantly affected by fire, likely due to its dormant period
coinciding with periods when fires are more likely (USFWS 2022c, pp.
30-31). SCI bush-mallow may be tolerant of fire. Its continued presence
in areas that have burned and documentation of resprouting and
recovering after fires indicate it is at least somewhat tolerant of
fires (USFWS 2022b, p. 25). All four plant species appear to have
increased in distribution and population size under the current fire
pattern and fire management.
While fires have the potential to burn most places on the island,
land use, vegetation, and historical patterns indicate that fires are
most likely to burn in the same areas they have historically. Table 5
indicates the number of locations of each of the plant species that
have burned (USFWS 2022b, pp. 51-53; USFWS 2022c, pp. 61-65; USFWS
2022d, pp. 45-49; USFWS 2022e, pp. 47-51). The majority of habitat that
support these four plant taxa has not burned, and less than 10 percent
of the occupied locations have burned more than once in the past 20
years.
[[Page 4782]]
Table 5--Numbers of Locations and Individuals of Plant Species Affected by Fire Within the Last 20 Years on San Clemente Island (SCI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Percent of
Total Number of locations locations
Species number of locations burned two or burned two or Number of Watersheds
locations burned more times in more times in individuals
20 years 20 years
--------------------------------------------------------------------------------------------------------------------------------------------------------
SCI lotus................................................... 249 26 12 4.8 855 10
SCI paintbrush.............................................. 601 133 47 7.8 8,596 29
SCI larkspur................................................ 74 5 0 0 458 2
SCI bush-mallow............................................. 222 68 11 5.0 2,076 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Given the historical patterns, most fires have burned outside
locations where the four SCI plants species occur. Where plant
locations have burned, most of those locations have burned infrequently
over the last 20 years, during which period the four SCI plant species
have increased in distribution and abundance. If fires become more
frequent outside of the current fire footprint or more severe in the
future, the species could be adversely affected in areas that burn.
However, the Navy is expected to continue implementing its SCI Wildland
Fire Management Plan (Navy 2009), and we expect that fires will
continue to occur in similar areas and affect a limited number of
individuals and locations of the four SCI plant species. We do not view
fire as a threat to the listed plants, since they have expanded their
ranges significantly with the removal of nonnative herbivores.
Climate Change
Since listing (42 FR 40682, August 11, 1977), the potential impacts
of ongoing, accelerated climate change have become a recognized threat
to the flora and fauna of the United States (Intergovernmental Panel on
Climate Change (IPCC) 2007, pp. 1-52; PRBO 2011, pp. 1-68). Climate
change is likely to result in warmer and drier conditions with high
overall declines in mean seasonal precipitation but with high
variability from year to year (IPCC 2007, pp. 1-18; Cayan et al. 2012,
p. ii; Kalansky et al. 2018, p. 10). SCI has a Mediterranean climatic
regime with a significant maritime influence. Current models suggest
that southern California will likely be adversely affected by global
climate change through prolonged seasonal droughts and through rainfall
coming at unusual periods and in different amounts (Pierce 2004, pp. 1-
33, Cayan et al. 2005, pp. 3-7, CEPA 2006, p. 33; Jennings et al. 2018,
p. iii; Kalansky et al. 2018, p. 10); however, the Channel Islands are
not well addressed in these models.
Climate change models indicate an increase in average temperature
by 2 to 3 degrees Celsius ([deg]C) (4 to 6 degrees Fahrenheit ([deg]F))
(Representative Concentration Pathway (RCP) 4.5) to 4 to 5 [deg]C (7 to
9 [deg]F) (RCP 8.5) for the San Diego Area of southern California by
the end of the century (Jennings et al. 2018, p. 9), with inland
changes higher than the coast (Cayan et al. 2012, p. 7). By 2070, a 10
to 37 percent decrease in annual precipitation is predicted (PRBO 2011,
p. 40; Jennings et al. 2018, p. iii), although other models predict
little to no change in annual precipitation (Field et al. 1999, pp. 8-
9; Cayan et al. 2008, p. 26). SCI typically receives less rainfall than
neighboring mainland areas (Tierra Data Inc. 2005, p. 4). However,
predictions of short-term and long-term climatic conditions for the
Channel Islands remain uncertain, and it is currently unknown if the
same climate predictions for coastal California (a warmer trend with
localized drying, higher precipitation events, and/or more frequent El
Ni[ntilde]o or La Ni[ntilde]a events) equally apply to the Channel
Islands (Pierce 2004, p. 31).
Low-level temperature inversions are common along the California
coast and Channel Islands, and these inversions form low cloud cover
(fog), otherwise known as the marine layer, which has a strong
influence on coastal ecosystems and SCI (Navy 2013a, pp. 3.13, 3.26).
Although the island has a short rainy season, the presence of fog
during the summer months helps to reduce drought stress for many plant
species through shading and fog drip, and many species are restricted
to this fog belt (Halvorson et al. 1988, p. 111; Fischer et al. 2009,
p. 783). Thus, fog could help buffer species from effects of climatic
change. However, coastal fog has been decreasing in southern California
in recent decades, possibly due to urbanization (which would not affect
SCI) or climate change (Williams et al. 2015, p. 1527; Johnstone and
Dawson 2010, p. 4537; LaDochy and Witiw 2012, p. 1157). Coastal cloud
cover and fog are poorly addressed in climate change models (Qu et al.
2014, pp. 2603-2605).
Warming projections in California, particularly the possibility
that the interior will experience greater warming than the coast (Cayan
et al. 2012, p. 7), suggest that the fate of coastal fog is uncertain
(Field et al. 1999, pp. 21-22; Lebassi-Habtezion et al. 2011, pp. 8-
11). One study found an increasing trend in the strength of low-level
temperature inversions, which suggests that the marine layer is likely
to persist and may even increase (Iacobellis et al. 2010, p. 129).
Recent work examining projected changes in solar radiation and cloud
albedo (portion of solar radiation reflected back to space by clouds)
show projected increases in cloud albedo during the dry season (July-
September) and decreases during the wet season (November and December,
and March and April) (Clemesha 2020, entire). Such a scenario could
moderate the effects of climate change on the Channel Islands and would
be expected to reduce its potential threat to island plants, especially
on the western shore's lower terraces, where the marine layer is
common. Dry season low clouds and fog are particularly important to
plant growth, survival, and population dynamics in arid systems through
both a reduction in evapotranspiration demand and potentially water
deposition (Corbin et al. 2005, p. 511; Johnstone and Dawson 2010, p.
4533; Oladi et al. 2017, p. 94).
Current trends based on meteorological information suggest climate
change is already affecting southern California through sea level rise,
warming, and extreme events like large storms associated with El
Ni[ntilde]o events (Sievanen et al. 2018, p. 7). Climate projections
suggest more severe droughts or extended dry periods on coastal
California via lessened low stratus cloud regime and hydrologic effects
of reduced fog delivery (Fischer et al. 2009, pp. 783-799; Sievanen et
al. 2018, p. 7). While long-term effects of climate change are
typically projected to have major effects in the latter half of
[[Page 4783]]
this century (Cayan et al. 2012, p. 24; Clemesha 2020, entire; Kalansky
et al. 2018, pp. 19-21), there is increasing uncertainty with longer
timeframes. Although climate change is affecting coastal and inland
habitat in the United States (Karl et al. 2009, pp. 13-152), the site-
specific effects of climate change on SCI are uncertain. We, therefore,
focused on a 20- to 30-year window to evaluate changes in climate
(precipitation and temperature) in the species status assessments for
these five taxa.
During this time period, we do not expect major effects of climate
change. Models indicate an increase in average temperature by 1 to 2
degrees Celsius ([deg]C) (2 to 3 degrees Fahrenheit ([deg]F)) (RCP 4.5)
to 2 to 3 [deg]C (3 to 4 [deg]F) (RCP 8.5) by 2040 for the San Diego
Area of southern California (Jennings et al. 2018, p. 15), with inland
changes higher than the coast (Cayan et al. 2012, p. 7). However, in
the 20- to 30-year window, climate change may result in more frequent
or severe fires, heavy periods of rainfall that could lead to major
erosion events, or periods of drought (Kalansky et al. 2018, p. 10). As
discussed in the species status assessments, predicting impacts due to
climate change are further complicated by uncertainty regarding the
timing of increased or decreased rainfall; wetter conditions in the
winter and early spring can lead to more growth early in the season,
which can provide more fuel for fire later. However, wetter summers and
falls can prevent the fuel from drying out enough to burn (Lawson 2019,
pers. comm.). Therefore, making predictions about future fire patterns
as affected by climate change is difficult.
Less rainfall and warmer air temperatures could limit the range of
plant species and affect habitat and prey or forage for SC Bell's
sparrow, although there is no direct research on the effects of climate
change on any of the species. While SC Bell's sparrow's reproductive
success is influenced by rainfall and could be affected by longer term
changes in climate, the relationship between reproductive output and
rainfall and the impacts of droughts of varying duration and severity
on the population are unclear, and the mechanisms driving these
relationships are unknown (USFWS 2022a, pp. 58-63). Changes in
temperature or rainfall patterns have the potential to affect biotic
interactions, such as decoupling the timing of plant phenology versus
insect activity. The likely persistence of the marine layer would be
expected to help moderate the effects of climate change on the Channel
Islands and would be expected to reduce its potential effects to island
plants, including nesting and cover substrates for SC Bell's sparrows.
While we recognize that climate change is an important issue with
potential effects to listed species and their habitats, information is
not available to make accurate predictions regarding its long-term
effects to the SCI species addressed in this final rule. However, given
the current information available in climate change studies, climate
change is unlikely to have major impacts on the SCI species in the next
20 to 30 years, the period for which we are able to make reliable
predictions based on the available climate change data and the period
under consideration in this determination.
Reduced Genetic Diversity
Genetic analysis suggests that SCI bush-mallow has very low genetic
variation at both the species and population levels (Helenurm 1997, p.
50; Helenurm 1999, p. 39) and has been observed to have low seed
production (Helenurm 1997, p. 50; Junak and Wilken 1998, p. 291;
Helenurm 1999, p. 39). Low seed production, in combination with low
genetic diversity, can contribute to observed low recruitment in
populations (Huenneke 1991, pp. 37-40; Junak and Wilken 1998, p. 291;
Helenurm 1999, pp. 39-40). A reduction in occurrence size through years
of grazing may have substantially lowered genetic variation (Helenurm
2005, p. 1221), which could decrease genetic fitness and compromise the
species' ability to adjust to novel or fluctuating environments,
survive disease or other pathogens, survive stochastic events, or
maintain high levels of reproductive performance (Huenneke 1991, p.
40). However, data on the genetic variation that existed historically
are lacking.
In recent years, the detected numbers of SCI bush-mallow have
increased in abundance, although it is unknown how much of this growth
can be attributed to clonal growth versus sexual reproduction and new
genets. Successful seed collection in 2013 (SERG 2013, pp. 61-64) and
the observation of cotyledons in the field provide anecdotal evidence
that the species may be reproducing more often by sexual recombination.
As the number of individuals (stems) increases, we would expect by
probability alone more genetically distinct individuals over time
because as the numbers of stems increase, the probability of cross-
pollination is increased (Rebman 2019, pers. comm.). However, we do not
know whether and how often new genets are produced in the population.
Patches of SCI bush-mallow on SCI contain many clones of
individuals but also contain distinct genetic individuals, and there is
at least some increase in distribution through seedling recruitment
(Munson 2022, pers. comm.). However, it is still likely that many
patches, especially the small or more isolated ones, comprise only
closely related individuals that share alleles, impeding the likelihood
of successful sexual reproduction (Helenurm 1999, pp. 39-40). The
apparent historical loss of genetic diversity resulting in current low
genetic variation is a potential threat for which there is no immediate
solution or amelioration. However, currently, low genetic diversity
does not seem to preclude the ability of the species to sustain
populations over time on the island; historical diversity is unknown,
and it may have always been low for this species. This species has
increased in numbers and distribution from that known at the time of
listing (42 FR 40682, August 11, 1977) and has sustained populations
through current levels of habitat disturbance, and we expect that
genetic variants within and among patches are increasing, however
slowly.
Conservation Actions and Regulatory Mechanisms
Pursuant to the Sikes Act (16 U.S.C. 670 et seq.), as amended, the
Navy manages land and water resources on the island under the SCI INRMP
(Navy 2013a). The goal of the INRMP is to maintain long-term ecosystem
health and minimize impacts to natural resources consistent with the
operational requirements of the Navy's training and testing mission
(Navy 2013a, p. 1-9). Specifically, the INRMP identifies key components
that: (1) Facilitate sustainable military readiness and foreclose no
options for future requirements of the Pacific Fleet; (2) protect,
maintain, and restore priority native species to reach self-sustaining
levels through improved conditions of terrestrial, coastal, and
nearshore ecosystems; (3) promote ecosystem sustainability against
testing and training impacts; and (4) maintain the full suite of native
species, emphasizing endemic species.
The SCI INRMP outlines appropriate management actions necessary to
conserve and enhance land and water resources, including invasive
species control island-wide and, therefore, near listed and sensitive
species; biosecurity protocols; public outreach to promote compliance;
restoration of sites that support sensitive plants; and habitat
enhancement for sensitive and listed
[[Page 4784]]
species. In addition, the Fire Management Plan (Navy 2009) outlines a
strategy to reduce the impacts from fires, including fuel break
installation to minimize fire spread and fire suppression inside and
outside of SHOBA to protect endangered, threatened, and other priority
species (Navy 2013a, p. 3.45; Vanderplank et al. 2019, pp. 15, 18-19;
Munson 2022, pers. comm.). The INRMP outlines management strategies for
plant communities and sensitive species, including recommended
avoidance and minimization measures that the Navy may consider during
the site approval and project review process (Navy 2013a, pp. 4-23, 4-
28).
The SCI INRMP also provides the mechanism for compliance with other
Federal laws and regulations such as the Federal Noxious Weed Act of
Act of 1974 (7 U.S.C. 2801), the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601), the Resources
Conservation and Recovery Act (42 U.S.C. 6901), and the Soil
Conservation Act (16 U.S.C. 3B). Based on the ongoing obligation the
Navy has to implement the INRMP, the Navy's commitment to modify the
INRMP to address changing land and water resource management needs,
including future training activities, and the Navy's commitment to
develop and implement a conservation agreement specific to these five
species, we expect the INRMP and other conservation measures to remain
in effect and afford protection to these five species regardless of
their listing status. Measures specific to species or threats that are
the subject of this final rule are discussed below.
Migratory birds--The INRMP outlines steps to ensure compliance with
Executive Order (E.O.) 13186 (``Responsibilities of Federal Agencies to
Protect Migratory Birds''; see 66 FR 3853, January 17, 2001) and the
2014 memorandum of understanding (MOU) between the Department of
Defense (DoD) and the Service to promote the conservation of migratory
birds, which stipulates responsibilities for DoD. The MOU outlines a
collaborative approach to promote the conservation of bird populations,
and the INRMP is required to address migratory bird conservation
regardless of status under the Act. As part of the program outlined
under the INRMP, the Navy supports the SC Bell's sparrow population
monitoring program. Population monitoring provides a robust population
estimate and facilitates planning to avoid and minimize impacts of Navy
training and infrastructure projects.
Erosion--The Navy monitors and evaluates soil erosion on SCI and
uses multiyear data to assess priorities for remediation (SERG 2006,
entire; SERG 2015a, entire). The INRMP includes a management objective
to ``Conserve soil resources, especially erodible soils near the heads
of canyons, knickpoints of gullies, and areas threatening the
uninterrupted continuation of the military mission or special status
species, to provide drainage stability, native vegetation cover, and
soil water holding capacity and protect site productivity, native plant
cover, receiving waters, and access for the military mission'' (Navy
2013a, p. 3-35). Efforts are made to restore areas where erosion
occurs, through revegetation efforts and the installation of erosion
control materials (SERG 2016, p. 2). The Navy incorporates erosion
control measures into all site feasibility studies and project design
to minimize the potential to exacerbate existing erosion and avoid
impacts to listed species. The INRMP requires that all projects include
erosion control work (Navy 2013a, p. 3-33). These conservation actions
include best management practices, choosing sites that are capable of
sustaining disturbance with minimum soil erosion, and stabilizing
disturbed sites (Navy 2013a, pp. 3.33-3.37).
Nonnative species--The Navy has monitored and controlled the
expansion of highly invasive, nonnative plant species on an ongoing
basis since the 1990s (O'Connor 2022, pers. comm.), and primary target
species have included Brassica tournefortii (Saharan mustard), B. nigra
(black mustard), Foeniculum vulgare (fennel), Asphodelus fistulosus
(aspohodel), Stipa miliacea (smilo grass), Ehrharta calycina (African
veldt grass), Plantago coronopus (buckhorn plantain), Tragopogon
porrifolius (salsify), and Carpobrotus edulis (iceplant); additional
priority species may also be controlled as they are located (e.g., SERG
2016, pp. 45-46). In general, the Navy treats more than 100,000
individuals of these various species annually. Control of these
invasive plants benefits the ecosystem on SCI by reducing their
distribution and minimizing the potential that they will invade habitat
occupied by listed and at-risk taxa. Because invasive species
introductions are more likely to occur along roadsides and because
roads function as corridors for the spread of invasive species
propagules, much of the invasive species treatment on the island
focuses on roadsides; however, other areas highly susceptible to
invasive species introductions (such as graded areas, soil stockpiles,
and mowed areas) also are focal areas for control. High-priority
invasive plants are treated at locations across the island. This
control strategy has minimized the need to treat invasive plant species
within areas occupied by federally listed plants.
While many conservation measures to limit the introduction and
spread of nonnative plants are included in the INRMP (Navy 2013a, pp.
3.289-3.290), the Biosecurity Plan (Navy 2016, entire) will help more
effectively control the arrival of potentially invasive propagules. The
plan works to prevent and respond to new introductions of nonnative
species and bio-invasion vectors. The Navy is currently working on an
instruction that will contain feasible, enforceable measures from the
plan. Through implementation of this plan and the ongoing island-wide
nonnative plant control program, potential impacts from nonnative
plants are expected to be minimized (O'Connor 2022, pers. comm.; Munson
2022, pers. comm.)
Nonnative predators--The current nonnative wildlife program focuses
on island-wide nonnative predator management, which was initiated by
the Navy in 1992 (USFWS 2008b, p. 172). Complete eradication of feral
cats, black rats, and house mice on SCI is currently infeasible.
Nonnative wildlife management is part of the San Clemente loggerhead
shrike recovery program and focuses on control of feral cats throughout
the island and rodent control near San Clemente loggerhead shrike nest
sites (Meiman et al. 2015, p. 2). This program affords some protection
to the SC Bell's sparrow, primarily through cat removal, and will
likely continue as part of the ongoing San Clemente loggerhead shrike
recovery program regardless of the listing status of the SC Bell's
sparrow. The Navy has removed numerous cats, on average 211 annually
(2001-2016; Burlingame et al. 2018, p. 29).
Fire--The Navy implements the SCI Wildland Fire Management Plan
(Navy 2009, entire), which is focused on fire prevention, fuels
management, and fire suppression. Implementation of the fire management
plan provides planning guidelines to reduce the potential for ignitions
during the drier times of the year, ensures that adequate fire
suppression resources are present to protect resources, and provides
flexibility for the timing of military training and to ensure that
adequate fire suppression resources are present with an increased level
of training activities (Navy 2009, entire). These measures minimize the
frequency and spread of fires that could result in impacts to
[[Page 4785]]
habitat and to individuals of the five species. The Navy will continue
to modify this plan to address future training impacts and has
committed to make these modifications in accordance with the associated
conservation needs of the five SCI species.
SC Bell's sparrow--Current and ongoing conservation measures
described above minimize impacts of threats to SC Bell's sparrow.
Additionally, the SCI INRMP is currently being updated to include
prioritization of conservation and management within four core SC
Bell's sparrow habitat areas (approximately 2,604 ha; Booker 2022,
pers. comm.). These areas were selected to ensure representation (e.g.,
multiple plant communities) and redundancy (e.g., multiple areas). They
include high-density SC Bell's sparrow habitat, assumed source
populations, refugia spread geographically, and areas of elevation and
topographic importance to SC Bell's sparrow. The intent of priority
conservation areas is to facilitate future planning in a manner that
avoids impacts to important SC Bell's sparrow habitat, and to protect
the population against stochastic and catastrophic events (USFWS 2022a,
p. 66).
Final delineation of areas and management strategies will be
identified in the SC Bell's sparrow management plan, which is currently
in development. With the identification of core habitat areas in the
INRMP, and management of these areas consistent with the management
plan, the Navy will: (1) Preclude significant development within these
areas, to the extent feasible; (2) prioritize these four areas for
protection under fire management plans; and (3) prioritize these four
areas for invasive species control, as needed (USFWS 2022a, p. 66) to
help manage for the SC Bell's sparrow. While we expect that
incorporation of SC Bell's sparrow core habitat areas into the INRMP
will improve coordination of conservation measures for the SC Bell's
sparrow, the Navy's current and ongoing management described above
minimizes the impacts of threats to SC Bell's sparrow and its habitat
under current training regimes. Because of the legal obligation to
implement the INRMP under the Sikes Act, the Navy will modify the INRMP
and will develop and implement additional conservation measures as
needed to address future impacts to SC Bell's sparrow due to erosion
and fire. The SC Bell's sparrow management plan will highlight
important management areas to conserve and monitor to ensure the
continued conservation of this taxon in the future.
Summary of conservation actions and regulatory mechanisms--The
Sikes Act requires DoD installations to prepare and implement INRMPs
that provide for the conservation and rehabilitation of natural
resources, including non-listed species. Consequently, due to this
requirement, the conservation actions outlined in the INRMP are
expected to continue, regardless of the listing status of the five
species. While changes to military training and training footprints are
projected in the future, the Navy will implement conservation measures
to address resulting impacts in order to meet the goals of the INRMP.
Additionally, changes to training have and will be subject to
environmental review under applicable laws and regulations, including
the National Environmental Policy Act and the Navy's site approval and
review process, which includes identifying avoidance and minimization
measures for plant communities and sensitive species, including
measures recommended in the SCI INRMP (Navy 2013a, pp. 4-23, 4-28). If
these five species are delisted, they would continue to be considered
sensitive species and any impacts would be evaluated through these
processes (O'Connor 2022, pers. comm.). Furthermore, the Navy is
``committed to continuing that partnership as our agencies implement
the post-delisting monitoring plan and work to complete the SCI INRMP
revision and the anticipated conservation agreement'' (Golumbfskie-
Jones 2022, in litt, p. 2).
Summary of Factors Influencing Viability
At the time of listing (42 FR 40682, August 11, 1977), the biggest
threat to the SCI species was habitat destruction and modification due
to feral grazers. Since the removal of the last feral herbivores,
vegetation is recovering, and habitat conditions have improved
substantially. Currently, all five species are now more widely
distributed on the island with greater estimated numbers of individuals
than were previously known.
SC Bell's Sparrow--We assessed remaining threats to SC Bell's
sparrow individuals and habitat, including predation, drought, climate
change, military training, and fire. Ongoing predator control programs
are implemented to control nonnative predator species on the island,
and the population of SC Bell's sparrow has grown despite ongoing
impacts. Drought could potentially affect SC Bell's sparrow, as reduced
nesting success has been reported in drier years, especially if
droughts become more frequent or severe. While the effects of drought
on productivity of the island-wide population are not fully understood,
and additional data are needed to clarify this relationship, the
population has rebounded quickly from past droughts and is expected to
retain its ability to do so in the future. Likewise, climate change may
influence or affect vegetation and thus nesting and foraging habitat
(USFWS 2022a, p. 63). The magnitude of this rangewide threat and how it
may affect the SC Bell's sparrow are unknown at this time, but
significant impacts from climate change are unlikely to occur in the
next 20 to 30 years (USFWS 2022a, pp. 63-64).
Training within the current footprint that could have high-
intensity impacts occurs on less than 20 percent of the island, and
those areas that are intensively used are currently either unoccupied
or already support low densities of SC Bell's sparrows. The largest
potential known threat to the SC Bell's sparrow is fire. The Navy
actively implements fire prevention and containment measures as part of
the fire management plan. Thus, although fire currently impacts SC
Bell's sparrows and their habitat, current fire patterns do not appear
to pose a threat to SC Bell's sparrow population viability.
Plants--For the plant species, we assessed threats to individuals
and habitat including land use, erosion, the spread of nonnatives, fire
and fire management, and climate change. While full impacts of invasive
species on the four plant species are unknown, the effects are likely
minimal or localized, given the expansion of the species on the island
despite the presence of invasive species. Climate change may influence
the plant species by affecting germination or viability of adult plants
if drought or increasing temperatures result in significant changes in
vegetation communities on SCI. The magnitude of this rangewide threat
and how it may affect the plant taxa is unknown at this time, but
significant impacts from climate change are unlikely to occur in the
next 20 to 30 years (USFWS 2022b, p. 57; USFWS 2022c, pp. 66-67; USFWS
2022d, p. 51; USFWS 2022e, p. 53).
For all four plant species, we considered major threats to be
impacts of military training and fire. For SCI paintbrush, SCI lotus,
and SCI larkspur, we also considered erosion resulting from training or
proximity to roads to be a major threat. Less than 1 percent of the
current population of SCI lotus occurs within training areas where
there is an increased potential for erosion caused
[[Page 4786]]
by military activities. Approximately 13 percent of the current
population of SCI bush-mallow lies within training areas, but none of
these plants are in AVMAs that are the training areas with the greatest
potential for erosion. Less than 1 percent of the current population of
SCI lotus occurs within training areas where there is an increased
potential for erosion caused by military activities. Finally, of the
SCI paintbrush current distribution, 144 individuals in 6 watersheds
are located within 30 m (100 ft) of a road or the AVMC.
To determine the status of the plant species in current training
footprints, we ranked the levels of these threats in each watershed to
evaluate the extent to which the species are exposed to and potentially
affected by these threats (USFWS 2022b, pp. 59-60; USFWS 2022c, pp. 69-
70; USFWS 2022d, pp. 54-55; USFWS 2022e, pp. 56-57). Level of threats
were categorized as none, low, or moderate. A low level of threats is
defined as threats that could potentially affect less than 50 percent
of the locations, individuals, or area within the watershed. A moderate
level of threat is defined as threats that could potentially affect 50
percent or more of the locations, individuals, or area within the
watershed. Table 6, below, indicates the percentages and numbers of
watersheds, and the estimated individuals in those watersheds that were
categorized as having no identified or low threats, or moderate
threats. Most watersheds where plant taxa occur are in areas with no or
low exposure to threats affecting less than half of the locations,
individuals, or area occupied.
Table 6--Percentages and Numbers of Watersheds and Individual Plants Assessed To Have Varying Levels of Threats
on San Clemente Island (SCI)
[USFWS 2022B, pp. 59-60; USFWS 2022C, pp. 69-70; USFWS 2022D, pp. 54-55; USFWS 2022E, pp. 56-57]
----------------------------------------------------------------------------------------------------------------
No or low threats No or low threats Moderate threats Moderate threats
Species in watersheds [% to individuals [% in watersheds [% to individuals [%
(n)] (n)] (n)] (n)]
----------------------------------------------------------------------------------------------------------------
SCI lotus..................... 78 (45) 90 (18,640) 22 (13) 10 (2,013)
SCI paintbrush................ 75 (65) 85 (35,702) 25 (22) 15 (6,402)
SCI larkspur.................. 100 (22) 100 (18,956) 0 (0) 0 (0)
SCI bush-mallow............... 73 (11) 60 (3,345) 27 (4) 40 (2,266)
----------------------------------------------------------------------------------------------------------------
Species Condition
Here, we discuss the current condition of each species, taking into
account the risks that are currently occurring to those populations, as
well as management actions that are currently occurring to address
those risks.
SC Bell's sparrow--The population as of 2018 was estimated at 2,676
territories (5,284 individuals) island-wide. Overall, the population of
SC Bell's sparrows on SCI has increased since listing and between 2013
and 2018 has withstood current stochastic effects. Given these trends
and the relatively large population size, we consider this population
currently to be highly resilient to stochastic factors. While we
consider SC Bell's sparrow to consist of a single population, its
distribution across the island and ability to use a range of elevations
and habitats indicate the species' adaptability and that it is unlikely
that the entire population of the species would be affected by a single
catastrophic event.
Plants--In our evaluation of current conditions, for each plant
species and watershed, we developed and assigned condition categories.
To assess the resiliency of plant species, we assessed the overall
condition of the population by evaluating occupancy, locations, and
individuals within each watershed. We categorized our assessed
resiliency scores by watershed based on number of individuals: ``very
high'' means populations with 500 or more individuals; ``high'' means
populations with 100-499 individuals; ``moderate'' means populations
with 10-99 individuals; and ``low'' means populations with fewer than
10 individuals. We also examined population trends, which indicate the
ability of the species to withstand and recover from stochastic events.
Resiliency was considered higher within watersheds supporting a
greater number of individuals over time; however, if all of the
individuals within a watershed were in just one location, we assumed
that they are less resilient than a watershed with the same number of
individuals that are spread out across multiple locations, as plants
will be more likely to sustain populations through stochastic events if
one localized event is unable to affect all the plants in the entire
watershed.
Because few comprehensive surveys have been conducted for plant
species on SCI, data from 2011 and 2012, which represent the most
recent comprehensive surveys, were supplemented with prior and
subsequent data, following a rule set to exclude and buffer data that
might result in double counting, and to exclude occurrence data more
than 15 years old. Because of a lack of pre- and post-fire surveys,
numbers of individuals of SCI lotus and SCI paintbrush (the two species
most likely to be negatively affected by severe fires) in watersheds
that burned were adjusted to assume some mortality from two severe
fires in the last 15 years (USFWS 2022d, pp. 56-57; USFWS 2022e, pp.
58-60). Adjusted numbers of locations and individuals were then used to
categorize resiliency in each watershed as low, moderate, high, or very
high (table 7).
Table 7--San Clemente Island (SCI) Watersheds With Plant Species Having High or Very High Resilience
----------------------------------------------------------------------------------------------------------------
Number of watersheds Percent of individuals
with ``very high'' and that occur in watersheds
Species ``high'' resilience rated with ``very high''
(occupied watersheds) and ``high'' resilience
----------------------------------------------------------------------------------------------------------------
SCI paintbrush.............................................. 48 (87) 96
SCI lotus................................................... 22 (57) 92
SCI larkspur................................................ 14 (22) 93
[[Page 4787]]
SCI bush-mallow............................................. 9 (15) 96
----------------------------------------------------------------------------------------------------------------
Most individuals of each of the plant species occur in watersheds
with high or very high resilience, which suggests that most watersheds
are likely to be able to withstand stochastic events. While all four
plant species are considered to consist of one population, their
distributions across multiple watersheds with a variety of habitat
types, elevations, and slopes also make it unlikely that the entire
population of any of the species would be affected by a catastrophic
event. Genetic variation in SCI bush-mallow is low for an island
endemic, which, coupled with its clonal nature, could potentially make
the species less able to adapt to changing environmental conditions.
However, low genetic diversity does not seem to be precluding the
species from sustaining itself on the island.
Future Conditions
To assess current threats and future conditions, we evaluated the
proportion of each population exposed to anthropogenic stressors under
baseline conditions and considered different future scenarios for
impacts of military training and fire: status quo (baseline impacts),
and moderate or high increases in fire severity and training within the
existing frequent fire and training footprint. We also considered these
scenarios assuming moderate and low recruitment for the plant species,
and high and low densities for SC Bell's sparrow. While specific
effects of climate change are uncertain and were not modeled, increases
in fire severity, which could result from either increased training or
from effects of climate change, and low recruitment/density serve as
proxies for potential effects. We used a 20- to 30-year timeframe for
modeling future conditions because, beyond this timeframe, the impacts
of climate change on SCI, specifically the persistence of the fog belt
and the timing and patterns of fog and rainfall, are uncertain, making
predictions unreliable.
SC Bell's sparrow--We modeled the future condition of SC Bell's
sparrow over a 20- to 30-year timeframe given two different scenarios
of future impacts from military training and fire, the two most
significant current and future threats. Using both a low- and high-
density estimate (calculated by manipulating the lowest and highest
density estimates for each habitat stratum measured between 2013 and
2018 by one standard error), we calculated the estimated number of
territories for each stratum under two potential future scenarios: (1)
a ``status quo'' scenario in which conditions remain similar to those
observed between 2013 and 2018 (i.e., no changes in training intensity,
or fire pattern or frequency), and (2) an ``increased impacts''
scenario in which increased impacts from training and fire
significantly reduce the suitability of habitat within existing
training areas and frequent fire footprints. For the second scenario,
we consider that the area within the training and frequent fire
footprints would no longer be suitable as habitat, and we report the
number of SC Bell's sparrows that we estimated would be supported
outside the training and frequent fire areas. This calculation provided
an estimate of the minimum number of territories that could be
supported outside of projected fires and training area impacts within
each stratum. We summed the territories in each stratum for an island-
wide estimate, giving a range from low to high densities (table 8).
Table 8--Numbers of Territories and Adults of SC Bell's Sparrow Under Recent and Future Scenarios on San
Clemente Island
----------------------------------------------------------------------------------------------------------------
Future projections (20 to 30 years)
-------------------------------------------------
SC Bell's sparrow Data from ``Status quo'': No further Increased impacts
2013-2018 impacts to the current that will result in
amount of habitat minimal habitat
----------------------------------------------------------------------------------------------------------------
Territories................................... 1,494-3,859 1,449-4,650 1,042-3,226
Adult birds................................... 2,988-7,718 2,899-9,300 1,932-6,154
----------------------------------------------------------------------------------------------------------------
Training within the current footprint that could have high-
intensity impacts occurs on less than 20 percent of the island, and
those areas that are intensively used are currently either unoccupied
or already support low densities of SC Bell's sparrows. Our analysis
demonstrates that, with current and future training, an estimated 966
to 3,077 (USFWS 2022a) SC Bell's sparrow territories would likely
persist outside the highly used training areas on SCI. The largest
potential known threat to the SC Bell's sparrow is fire. The Navy
actively implements fire prevention and containment measures as part of
the fire management plan. Thus, although fire currently impacts SC
Bell's sparrows and their habitat, based on current fire patterns and
the fire conservation measures the Navy will continue to implement in
the future as part of their fire management plan, we have determined
that future fire does not appear to pose a threat to SC Bell's sparrow
population viability.
Plants--As recovery of plant communities on SCI continues, the
number of individuals within watersheds and number of occupied
watersheds are expected to continue to increase. While existing data
indicate that numbers and distribution of the plant species are greater
than in the past, the rates at which groups of plants expand over time
are unknown. Therefore, we modeled recruitment at moderate and low
levels for SCI paintbrush and SCI lotus. Because SCI
[[Page 4788]]
bush-mallow currently appears to be reproducing primarily clonally
rather than through sexual reproduction and exhibits low seed
production, we modeled low and no recruitment to account for this
condition. Because of SCI larkspur's long dormancy periods, we do not
know how many individuals are present at any point in time and did not
include recruitment in the modeling to avoid overestimating growth
(i.e., apparent changes in abundance or distribution could be accounted
for by individuals breaking dormancy rather than through recruitment of
new individuals). As noted above under Species Condition, for purposes
of modeling current and future conditions, the current baseline numbers
of individuals of SCI lotus and SCI paintbrush (the two species most
likely to be negatively affected by severe fires) were adjusted to
assume some mortality from two severe fires in the last 15 years (USFWS
2022d, pp. 56-57; USFWS 2022e, pp. 58-60), so numbers presented here
differ slightly from estimated current distribution and abundance.
To model fire severity, which could result from increased training
or effects of climate change, we used the frequent fire footprint
(burned two or more times) from the past 20 years to project where
future fires are likely to occur. To model increases in fire severity,
we assumed greater numbers of individuals would be affected by fire and
removed from the population. Because SCI larkspur does not appear to be
significantly affected by fire, likely due to its dormant period
coinciding with periods when fires are more likely, we only included
increased training in our modeling of future conditions for that plant.
To model effects of land use and training, we used the current and
expected future footprints of training areas. Using the percent of
individuals that occur either within a training area or near a road, we
calculated the total number of individuals that could be affected by
increased training in that watershed. We assumed an increasing number
of locations and individuals would be affected by increased training
intensity. The results are presented below in table 9.
Table 9--Watersheds on San Clemente Island (SCI) of Plant Species With High and Very High Resilience Under
Current and Future Scenarios
----------------------------------------------------------------------------------------------------------------
Number of Estimated number of
watersheds with occupied watersheds (with Estimated population size
high or very high low and moderate (ranges represent low and
resilience recruitment) moderate recruitment)
----------------------------------------------------------------------------------------------------------------
SCI paintbrush
----------------------------------------------------------------------------------------------------------------
Current data......................... 48 87 42,104
Future scenario: Status quo.......... 48 87 (92-97) 43,489-51,773
Future scenario: Increased fire/ 42 85 (90-95) 40,433-48,119
training............................
Future scenario: Extreme fire/ 41 81 (86-91) 38,087-45,326
training............................
----------------------------------------------------------------------------------------------------------------
SCI lotus
----------------------------------------------------------------------------------------------------------------
Current data......................... 22 57 20,743
Future scenario: Status quo.......... 23 57 (62-67) 21,595-25,708
Future scenario: Increased fire/ 21 57 (62-67) 20,628-24,128
training............................
Future scenario: Extreme fire/ 19 57 (62-67) 18,987-22,603
training............................
----------------------------------------------------------------------------------------------------------------
SCI larkspur
----------------------------------------------------------------------------------------------------------------
Current data......................... 14 22 18,956
Future scenario: Status quo.......... 14 22 18,956
Future scenario: Increased fire/ 14 22 18,900
training............................
Future scenario: Extreme fire/ 14 22 18,844
training............................
----------------------------------------------------------------------------------------------------------------
SCI bush-mallow
----------------------------------------------------------------------------------------------------------------
Current data......................... 9 15 5,611
Future scenario: Status quo.......... 9 15 5,611-5,892
Future scenario: Increased fire/ 9 15 5,200-5,461
training............................
Future scenario: Extreme fire/ 9 15 4,131-4,337
training............................
----------------------------------------------------------------------------------------------------------------
For our analysis of the impacts that recently proposed training
areas will have on SCI plant species, we anticipated that erosion due
to training would likely occur up to 500 feet from each training area,
and plants that occur within this area could be impacted. Recently
proposed training areas will not affect watersheds where SCI lotus and
SCI bush-mallow are currently present, and thus we do not anticipate
additional impacts to these species associated with recently proposed
training areas. For SCI larkspur, we found that 42 individuals in 1
watershed would be affected. Finally, for SCI paintbrush, 50
individuals in 5 watersheds could be potentially impacted by future
training within recently proposed training areas. This analysis
estimated impacts under both increased and extreme training scenarios.
Under the increased training scenario, the estimated population size of
SCI paintbrush would be 40,433-48,119 individuals. Under the extreme
training scenario, the estimated population size would be 38,087-45,326
individuals.
Limitations and Uncertainties
Our models project an estimated number of occupied watersheds and
individuals for plants and estimated numbers of territories and adults
for SC Bell's sparrow under a range of possible future conditions.
However, there are several limitations and uncertainties associated
with our projections (USFWS 2022a, pp. 77-78; USFWS 2022b, pp. 68-69;
USFWS 2022c, pp. 77-78;
[[Page 4789]]
USFWS 2022d, pp. 69-70; USFWS 2022e, pp. 72-73). These include
differences in survey methodologies over time and lack of information
regarding demographic and life-history characteristics of the species,
which required us to make several assumptions in our estimates and
projections. We presumed that the four plant taxa are extant, even if
not surveyed in the past 20 years, where the associated flora remain
and quality habitat is still present. We also assumed that military
training and fire would generally affect the same areas they have
historically, amended to address recently proposed training areas, and
we made several assumptions about the extent of future impacts within
these geographic footprints. Because of the Navy's implementation of
the INRMP, other resource management plans described previously, and
the conservation agreement for the five SCI species that is currently
in development, we also concluded that the Navy will continue to manage
and protect habitat where these five taxa occur on SCI. While there are
several uncertainties and assumptions, because our projections
represent the best available scientific and commercial information, our
analysis provides an adequate basis for assessing the current and
future viability of the species.
Summary of Future Conditions
While all five species might experience reductions in numbers of
individuals or occupied watersheds or habitat within the existing fire
and training footprint under the most extreme scenarios considered, all
species are expected to remain resilient. Each species would continue
to occupy a broad distribution on the island across a variety of
habitats under status quo and increased threat scenarios, so
representation and redundancy are not expected to decrease
significantly.
We note that, by using the SSA framework to guide our analyses of
the scientific information documented in the SSA reports, we have not
only analyzed individual effects on the species, but we have also
analyzed their potential cumulative effects. We incorporated the
cumulative effects into our SSA analyses when we characterized the
current and future condition of the species. To assess the current and
future conditions of the species, we undertook an iterative analysis
that encompassed and incorporated the threats individually and then
accumulated and evaluated 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 SSA assessment integrated the cumulative effects of
the factors and replaces a standalone cumulative effects analysis.
We lack specific information on how various threats may interact,
but potential cumulative effects include interactions of military
training, fire, invasive species, and climate change. For example,
effects of climate change could increase the frequency or severity of
fire. Although we lack specific information on effects of climate
change, we assumed in our modeling of future conditions that increased
fire could result from either increased training or from climate
change, or a combination. We also modeled a range of increased impacts
of training and/or fire, as well as low and moderate recruitment or
densities, and used conservative approaches to estimate resulting
populations to account for the possibility of cumulative effects. We
found in our evaluation of current and future conditions that all five
species are likely to continue to maintain close to current levels of
resiliency, redundancy, and representation, despite the potential for
cumulative effects.
Determinations of Species 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.'' The Act requires that we determine whether a species meets the
definition of 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.
Status Throughout All of Its Range
After evaluating threats to the species and assessing the
cumulative effect of the threats under the section 4(a)(1) factors, we
found that the primary threats to SC Bell's sparrow, SCI paintbrush,
SCI lotus, SCI larkspur, and SCI bush-mallow identified at the time of
and since listing have been eliminated or reduced. At the time of
listing (42 FR 40682, August 11, 1977), we considered habitat
destruction and modification caused by nonnative herbivores (Factor A)
to be the primary cause of decline for all five species. Since removal
of all nonnative herbivores was completed in 1992, plant communities on
the island are recovering, and habitat conditions are improving for all
species. The current sizes and distributions of each of the species are
greater than were previously known.
Currently and in the future, individuals and habitat of each of the
five species may be affected by military training activities (Factors A
and E), erosion (Factor A), invasive species (Factors A and E), and
fire and fire management (Factors A and E). These remaining threats to
the species, including fire, erosion, and invasive species, are managed
by the Navy through implementation of the SCI INRMP, Fire Management
Plan, Erosion Control Plan for SCI, and other associated management
plans. Implementation of avoidance and minimization measures and
programs outlined in these plans is expected to continue regardless of
the listing status of the five species. In addition, the Navy will
continue to consider these five species and incorporate avoidance and
minimization measures for land use activities, including infrastructure
projects and military training proposals as part of the site approval
and project review process. Thus, existing conservation programs and
regulatory mechanisms, such as the INRMP, are expected to continue to
provide protections to these species, regardless of listing status.
Because the Channel Islands are not well addressed in current climate
models and there is uncertainty regarding how climate change may affect
habitats and species on SCI, we were not able to assess its long-term
effects, but because of moderating effects of maritime influence on
SCI, we do not expect major impacts over the next 20 to 30 years. Our
evaluation of current and future conditions indicates all five species
are likely to continue to maintain close to current levels of
resiliency, redundancy, and representation.
In addition to threats in common to all five SCI species, small
population size (Factor E) was formerly considered a threat to SC
Bell's sparrow, with a low of 38 individuals reported in 1984.
[[Page 4790]]
However, the species is now more widely distributed on the island, and
population estimates have been consistently over 4,000 adults since
2013. Predation by black rats and feral cats (Factor C) was also
considered a threat to SC Bell's sparrow at the time of listing. While
predation on SC Bell's sparrow still occurs, the Navy implements
predator control on SCI, and predation on SC Bell's sparrow does not
appear to be limiting the population. The species is currently
considered to be resilient and is expected to maintain close to current
levels of resiliency, redundancy, and representation under a range of
projected future conditions. Thus, after assessing the best available
information, we determine that San Clemente Bell's sparrow is not in
danger of extinction now or likely to become so in the foreseeable
future throughout all of its range.
No additional threats beyond those common to all five SCI species
have been identified for SCI paintbrush. With removal of nonnative
herbivores, and conservation efforts implemented by the Navy, numbers
and distribution of SCI paintbrush have increased. The SCI paintbrush
population numbered approximately 1,000 individuals in 1984. The
current island-wide population is estimated at 42,104 individuals
across 87 watersheds. Most of these individuals currently occur in
watersheds with high or very high resiliency. Additionally, the species
is expected to maintain close to current levels of resiliency,
redundancy, and representation under a range of projected future
conditions. Thus, after assessing the best available information, we
determine that San Clemente Island paintbrush is not in danger of
extinction now or likely to become so in the foreseeable future
throughout all its range.
No additional threats beyond those common to all five SCI species
have been identified for SCI lotus. With removal of nonnative
herbivores, and conservation efforts implemented by the Navy, numbers
and distribution of SCI lotus have increased. While the historical
range and distribution of SCI lotus is not known, its distribution has
increased from the six locations noted in 1984 (USFWS 1984, pp. 17,
35). The current island-wide population is estimated at 20,743
individuals across 57 watersheds. The majority of these individuals
currently occur in watersheds with high or very high resiliency.
Additionally, the species is expected to maintain close to current
levels of resiliency, redundancy, and representation under a range of
projected future conditions. Thus, after assessing the best available
information, we determine that San Clemente Island lotus is not in
danger of extinction now or likely to become so in the foreseeable
future throughout all of its range.
No additional threats beyond those common to all five SCI species
have been identified for SCI larkspur. While the historical range and
distribution of SCI larkspur is not known, its distribution has
increased from the six to seven locations noted in 1984 (USFWS 1984,
pp. 17, 35). The current island-wide population is estimated at 18,956
individuals within 22 watersheds. Most of these individuals currently
occur in watersheds with high or very high resiliency. Additionally,
the species is expected to maintain close to current levels of
resiliency, redundancy, and representation under a range of projected
future conditions. Fire (Factors A and E) is thought to currently not
significantly affect SCI larkspur, but changes in timing, frequency, or
severity of fire could potentially negatively affect the species.
However, the Navy's implementation of fire management is expected to
continue to minimize the risk of fire to SCI larkspur. Thus, after
assessing the best available information, we determine that San
Clemente Island larkspur is not in danger of extinction now or likely
to become so in the foreseeable future throughout all of its range.
In addition to threats common to all five SCI species, reduced
genetic diversity (Factor E) has been identified as a potential threat
for SCI bush-mallow. However, currently, low genetic diversity does not
seem to be precluding the species' ability to sustain itself on the
island. With removal of nonnative herbivores, and conservation efforts
implemented by the Navy, numbers and distribution of SCI bush-mallow
have increased. At the time of listing, SCI bush-mallow was known from
only three locations (42 FR 40682, August 11, 1977). The current
island-wide population is estimated at 5,611 individuals across 15
watersheds. Most of these individuals currently occur in watersheds
with high or very high resiliency. Additionally, the species is
expected to maintain close to current levels of resiliency, redundancy,
and representation under a range of projected future conditions. Thus,
after assessing the best available information, we determine that San
Clemente Island bush-mallow is not in danger of extinction now or
likely to become so in the foreseeable future throughout all 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. Having determined that the SC Bell's sparrow, SCI
paintbrush, SCI lotus, SCI larkspur, and SCI bush-mallow are not in
danger of extinction or likely to become so in the foreseeable future
throughout all of their ranges, we now consider whether any of these
species may be in danger of extinction or likely to become so in the
foreseeable future in a significant portion of its range--that is,
whether there is any portion of the species' range for which it is true
that both (1) the portion is significant, and (2) the species is in
danger of extinction now or likely to become so in the foreseeable
future 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.
In undertaking this analysis for SC Bell's sparrow, SCI paintbrush,
SCI lotus, SCI larkspur, and SCI bush-mallow, 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 faces to identify any portions of the range where the species
is endangered or threatened.
The SC Bell's sparrow, SCI paintbrush, SCI lotus, SCI larkspur, and
SCI bush-mallow are found solely on San Clemente Island, an area of
approximately 56 square mi (145 square km, 36,073 acres (ac), or 14,598
hectares (ha)). Each of these species is a narrow endemic that
functions as a single, contiguous population. While we divided each of
the species' ranges into analysis units in order to quantify threats
and analyze resiliency, these units are not meant to represent
``populations'' in a biological sense; rather, these units were
designed to facilitate assessing and reporting current and future
resilience. Given the species' small ranges, and the Navy's management
to eliminate or reduce threats through implementation of the SCI INRMP
and other associated management plans, there is no biologically
meaningful way to break the limited ranges of these species into
portions, and the threats that the species
[[Page 4791]]
face affect the species throughout their entire ranges. This means that
no portions of the species' ranges have a different status from their
rangewide status. Therefore, no portion of the species' ranges can
provide a basis for determining that the species are in danger of
extinction now or likely to become so in the foreseeable future in a
significant portion of their ranges, and we find that San Clemente
Bell's sparrow, San Clemente Island paintbrush, San Clemente Island
lotus, San Clemente Island larkspur, and San Clemente Island bush-
mallow are not in danger of extinction now or likely to become so in
the foreseeable future in any significant portion of their ranges. This
finding does not conflict with the courts' holdings in Desert Survivors
v. Department of the Interior, No. 16-cv-01165-JCS, 2018 WL 4053447
(N.D. Cal. Aug. 24, 2018), and Center for Biological Diversity v.
Jewell, 248 F. Sup. 3d, 946, 959 (D. Ariz. 2017), because, in reaching
these conclusions, we did not need to consider whether any portions are
significant and therefore did not apply the definition of
``significant'' in 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 those court decisions held was invalid.
Determination of Status
Our review of the best available scientific and commercial
information indicates that the San Clemente Bell's sparrow, San
Clemente Island paintbrush, San Clemente Island lotus, San Clemente
Island larkspur, and San Clemente Island bush-mallow do not meet the
definition of an endangered species or a threatened species in
accordance with sections 3(6), 3(20), and 4(a)(1) of the Act.
Therefore, we are delisting (removing) the San Clemente Bell's sparrow,
San Clemente Island paintbrush, San Clemente Island lotus, San Clemente
Island larkspur, and San Clemente Island bush-mallow from the Lists of
Endangered and Threatened Wildlife and Plants.
Effects of This Final Rule
This final rule will revise 50 CFR 17.11(h) to remove San Clemente
Bell's sparrow (Artemisiospiza belli clementeae), which is listed as
San Clemente sage sparrow (Amphispiza belli clementeae), from the
Federal List of Endangered and Threatened Wildlife, and will revise 50
CFR 17.12(h) to remove San Clemente Island bush-mallow (Malacothamnus
clementinus), San Clemente Island paintbrush (Castilleja grisea), San
Clemente Island lotus, (Acmispon dendroideus var. traskiae), and San
Clemente Island larkspur (Delphinium variegatum ssp. kinkiense) from
the Federal List of Endangered and Threatened Plants. The prohibitions
and conservation measures provided by the Act, particularly through
sections 7 and 9, will no longer apply to these species. Federal
agencies will no longer be required to consult with the Service under
section 7 of the Act in the event that activities they authorize, fund,
or carry out may affect these species. There is no critical habitat
designated for any of these species.
Post-Delisting Monitoring
Section 4(g)(1) of the Act requires us to monitor for not less than
5 years the status of all species that are delisted due to recovery.
Post-delisting monitoring refers to activities undertaken to verify
that a species delisted due to recovery remains secure from the risk of
extinction after the protections of the Act no longer apply. The
primary goal of post-delisting monitoring is to monitor the species to
ensure that its status does not deteriorate, and if a decline is
detected, to take measures to halt the decline so that proposing it as
an endangered or threatened species is not again needed. If at any time
during the monitoring period data indicate that protective status under
the Act should be reinstated, we can initiate listing procedures,
including, if appropriate, emergency listing. At the conclusion of the
monitoring period, we will review all available information to
determine if relisting, the continuation of monitoring, or the
termination of monitoring is appropriate.
Section 4(g) of the Act explicitly requires that we cooperate with
the States in development and implementation of post-delisting
monitoring programs. However, we remain ultimately responsible for
compliance with section 4(g) and, therefore, must remain actively
engaged in all phases of monitoring. We also seek active participation
of other entities that are expected to assume responsibilities for the
species' conservation after delisting, in this case, the Navy, an
integral partner and the sole owner and manager of San Clemente Island.
We will continue to coordinate with the Navy to implement effective
post-delisting monitoring (PDM) for the SC Bell's sparrow, SCI lotus,
SCI paintbrush, SCI larkspur, and SCI bush-mallow. The PDM plan builds
upon current monitoring techniques and research, as well as emerging
technology and techniques. Monitoring will assess the species' numbers,
distribution, and threats status, as well as ongoing management and
conservation efforts that have improved the status of the species since
listing. The PDM plan identifies, to the extent practicable and in
accordance with our current understanding of the species' life history,
measurable thresholds and responses for detecting and reacting to
significant changes in the species' populations, distribution, and
viability. If declines are detected equaling or exceeding these
thresholds, the Service, in combination with the Navy, will investigate
causes of these declines, including considerations of habitat changes,
anthropogenic impacts, stochastic events, or any other significant
evidence. The result of the investigation will be to determine if any
of the species warrant expanded monitoring, additional research,
additional habitat protection, or resumption of Federal protection
under the Act.
Given the Navy's past and current stewardship efforts, management
for the species has been effective to date, and it is reasonable to
expect that management will continue to be effective for the species
and their habitats beyond a post-delisting monitoring period, and well
into the future. In addition to post-delisting monitoring activities
that will occur, the Navy anticipates continued management of the
species in accordance with the SCI INRMP and other management plans.
Additional monitoring or research (beyond post-delisting monitoring
requirements) may occur in the future for these and other rare endemics
on SCI based on available resource levels. We will work closely with
the Navy to ensure post-delisting monitoring is conducted and to ensure
future management strategies are implemented (as warranted) to benefit
these species.
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that we do not need to prepare an environmental
assessment or environmental impact statement, as defined in the
National Environmental Policy Act (42 U.S.C. 4321 et seq.), 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).
[[Page 4792]]
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 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. There are no Tribal lands associated
with this final rule.
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 Carlsbad 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 Carlsbad
Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, we hereby 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.
Sec. 17.11 [Amended]
0
2. Amend Sec. 17.11 in paragraph (h) by removing the entry for
``Sparrow, San Clemente sage'' under BIRDS from the List of Endangered
and Threatened Wildlife.
Sec. 17.12 [Amended]
0
3. Amend Sec. 17.12 in paragraph (h) by removing the entries for
``Acmispon dendroideus var. traskiae'', ``Castilleja grisea'',
``Delphinium variegatum ssp. kinkiense'', and ``Malacothamnus
clementinus'' under FLOWERING PLANTS from the List of Endangered and
Threatened Plants.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-01400 Filed 1-24-23; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on January 25, 2023.
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