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coverage of a comprehensive, regional, remaining landscape in ways that meet Fish and Wildlife Office, Pacific Region, or local conservation program under the the needs of their operations while U.S. Fish and Wildlife Service. 4(d) special rule being considered, the simultaneously supporting suitable Authority program must provide a conservation habitat for the gophers as well as other benefit to Mazama pocket gophers. prairie-dependent species. The authority for this action is the Conservation, as defined in section 3(3) We will consider all comments and Act of 1973, as of the Act, means ‘‘to use and the use information received during our amended (16 U.S.C. 1531 et seq.). of all methods and procedures which preparation of a final determination on Dated: August 21, 2013. are necessary to bring any endangered the status of the four subspecies and the Stephen Guertin, species or to the 4(d) special rule, and, if appropriate, a Acting Director, U.S. Fish and Wildlife point at which the measures provided final designation of critical habitat. Service. pursuant to the Act are no longer Accordingly, the final decision may [FR Doc. 2013–21376 Filed 8–30–13; 8:45 am] necessary.’’ The program may also be differ from our original proposal. BILLING CODE 4310–55–P periodically reviewed by the Service to If you previously submitted determine that it continues to provide comments or information on the the intended conservation benefit to the proposed rule during the two previously DEPARTMENT OF THE INTERIOR Mazama pocket gophers. As a result of open comment periods, please do not this provision, the Service expects that resubmit them. We have incorporated Fish and Wildlife Service conservation actions will be them into the public record, and we will implemented with a high level of fully consider them in the preparation 50 CFR Part 17 certainty that the program will lead to of our final determination. Our final the long-term conservation of the four [Docket No. FWS–R8–ES–2013–0092; determination concerning the proposed 4500030113] subspecies of Mazama pocket gopher. listing and proposed designation of Agricultural and Ranching Activities critical habitat will take into RIN 1018–AY77 consideration all written comments and The Service is considering exempting Endangered and Threatened Wildlife any additional information we received. take of Mazama pocket gopher on non- and ; 12-Month Finding on a You may submit your comments and Federal lands when those lands are Petition to Downlist materials concerning the proposed rule managed following technical guidelines abramsiana (= abramsiana), by one of the methods listed in that have been developed in and Proposed Rule to Reclassify H. coordination with a State or Federal ADDRESSES. We request that you send abramsiana as Threatened agency or agencies responsible for the comments only by the methods management and conservation of fish described in ADDRESSES. AGENCY: Fish and Wildlife Service, and wildlife, or their agent(s), and that If you submit a comment via http:// Interior. has been determined by the Service to www.regulations.gov, your entire ACTION: Proposed rule and 12-month provide a conservation benefit to comment—including any personal petition finding. Mazama pocket gophers. Individual identifying information—will be posted SUMMARY: We, the U.S. Fish and non-Federal landowners following these on the Web site. We will post all Wildlife Service, announce a 12-month specific technical guidelines may be hardcopy comments on http:// finding on a petition to reclassify exempted from take prohibitions. www.regulations.gov as well. If you Hesperocyparis abramsiana Guidelines should incorporate submit a hardcopy comment that procedures, practice standards, and includes personal identifying (=Cupressus abramsiana) (Santa Cruz conservation measures that promote the information, you may request at the top cypress) as threatened under the continued existence of the four of your document that we withhold this Endangered Species Act of 1973, as subspecies of Mazama pocket gopher. information from public review. amended (Act). After review of all Ideally, appropriate guidelines would However, we cannot guarantee that we available scientific and commercial be associated with a program that would will be able to do so. information, we find that reclassifying provide financial and technical Comments and materials we receive, Santa Cruz cypress as threatened is assistance to participating landowners as well as supporting documentation we warranted, and therefore, we propose to to implement specific conservation used in preparing the proposed rule, reclassify Santa Cruz cypress as measures beneficial to the Mazama will be available for public inspection threatened under the Act. We also pocket gophers that also contribute to on http://www.regulations.gov at Docket propose to correct the scientific name of the sustainability of landowners’ No. FWS–R1–ES–2012–0088 and FWS– Santa Cruz cypress on the List of agricultural or ranching operations. R1–ES–2013–0021, or by appointment, Endangered and Threatened Plants. We Conservation measures encompassed by during normal business hours, at the are seeking information and comments such a program should be consistent U.S. Fish and Wildlife Service, from the public regarding this proposed with management or restoration of Washington Fish and Wildlife Office rule and 12-month finding. prairie habitats for Mazama pocket (see FOR FURTHER INFORMATION CONTACT). DATES: We will accept comments gophers and include brush management, You may obtain copies of the proposed received or postmarked on or before prescribed grazing, range planting, rule on the Internet at http:// November 4, 2013. We must receive prescribed burning, and set asides for www.regulations.gov at Docket No. requests for public hearings, in writing, conservation areas. FWS–R1–ES–2012–0088, or by mail at the address shown in the FOR FURTHER We believe including such a provision from the Washington Fish and Wildlife INFORMATION CONTACT section by October in a 4(d) special rule for agricultural and Office (see FOR FURTHER INFORMATION 18, 2013. ranching activities will promote CONTACT). ADDRESSES: Comment submission: You conservation of the species by may submit comments by one of the Authors encouraging agricultural landowners following methods: and ranchers with Mazama pocket The primary authors of this notice are (1) Electronically: Go to the Federal gophers to continue managing the the staff members of the Washington eRulemaking Portal: http://

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www.regulations.gov. In the Search box, as it pertains to prescribed fire and public hearings on this proposal, if any enter FWS–R8–ES–2013–0092, which is alternatives to prescribed fire (e.g., are requested, and announce the dates, the docket number for this rulemaking. mechanical disturbance) that would times, and places of those hearings, as Then, in the Search panel on the left support increased recruitment for this well as how to obtain reasonable side of the screen, under the Document species. accommodations, in the Federal Type heading, click on the Proposed (5) New information on the current or Register and local newspapers at least Rules link to locate this document. You planned activities within the range of 15 days before the hearing. the species that may adversely affect or may submit a comment by clicking on Peer Review ‘‘Comment Now!’’ benefit the species. (2) By hard copy: Submit by U.S. mail (6) New information or data on the In accordance with our joint policy on or hand-delivery to: Public Comments projected and reasonably likely impacts peer review published in the Federal Processing, Attn: FWS–R8–ES–2013– to Santa Cruz cypress or its habitat Register on July 1, 1994 (50 FR 34270), 0092; Division of Policy and Directives associated with climate change. we will seek the expert opinions of at Management; U.S. Fish and Wildlife Please include sufficient information least three appropriate and independent Service; 4401 N. Fairfax Drive, MS with your submission (such as scientific specialists regarding this proposed rule. 2042–PDM; Arlington, VA 22203. journal articles or other publications) to A thorough review of information that We request that you send comments allow us to verify any scientific or we relied on in preparing this proposed only by the methods described above. commercial information you include. rule—including information on We will post all comments on http:// Please note that submissions merely taxonomy, life-history, ecology, www.regulations.gov. This generally stating support for or opposition to the population distribution and abundance, means that we will post any personal action under consideration without and potential threats—is presented in information you provide us (see the providing supporting information, the Santa Cruz Cypress Species Report Information Requested section below for although noted, will not be considered (Service 2013) available at more information). in making a determination, as section www.regulations.gov (Docket Number Document availability: A copy of the 4(b)(1)(A) of the Act directs that FWS–R8–ES–2013–0092). The purpose Species Report referenced throughout determinations as to whether any of peer review is to ensure that this document can be viewed at http:// species is an endangered or threatened decisions are based on scientifically ecos.fws.gov/speciesProfile/profile/ species must be made ‘‘solely on the sound data, assumptions, and analyses. speciesProfile.action?spcode=R005, at basis of the best scientific and A peer review panel will conduct an http://www.regulations.gov under commercial data available.’’ assessment of the proposed rule, and the You may submit your comments and Docket No. FWS–R8–ES–2013–0092, or specific assumptions and conclusions materials concerning this proposed rule at the Ventura Fish and Wildlife Office’s regarding the proposed downlisting. by one of the methods listed in the Web site at http://www.fws.gov/ventura/ This assessment will be completed ADDRESSES section. We request that you . during the public comment period. send comments only by the methods We will consider all comments and FOR FURTHER INFORMATION CONTACT: described in the ADDRESSES section. If information we receive during the Stephen P. Henry, Deputy Field you submit information via http:// comment period on this proposed rule Supervisor, U.S. Fish and Wildlife www.regulations.gov, your entire as we prepare the final determination. Service, Ventura Fish and Wildlife submission—including any personal Accordingly, the final decision may Office, 2493 Portola Road, Suite B, identifying information—will be posted differ from this proposal. Ventura, CA 93003; telephone 805–644– on the Web site. If your submission is Previous Federal Action 1766; facsimile 805–644–3958. If you made via a hardcopy that includes use a telecommunications device for the personal identifying information, you We proposed to list Santa Cruz deaf (TDD), call the Federal Information may request at the top of your document cypress (as Cupressus abramsiana) as an Relay Service (FIRS) at 800–877–8339. that we withhold this information from endangered species under the Act on SUPPLEMENTARY INFORMATION: public review. However, we cannot September 12, 1985 (50 FR 37249), based on threats from residential Information Requested guarantee that we will be able to do so. We will post all hardcopy submissions development, agricultural conversion, We intend any final action resulting on http://www.regulations.gov. logging, oil and gas drilling, and the from this proposal will be based on the Comments and materials we receive, alteration of the natural fire regime that best scientific and commercial data as well as supporting documentation we maintains the stands. We published a available, and be as accurate and as used in preparing this proposed rule, final rule listing Santa Cruz cypress as effective as possible. Therefore, we will be available for public inspection an endangered species (which included request comments or information from on http://www.regulations.gov, or by an additional threat, genetic other governmental agencies, tribes, the appointment, during normal business introgression, not listed in the proposed scientific community, industry, or other hours, at the U.S. Fish and Wildlife rule) in the Federal Register on January interested parties concerning this Service, Ventura Fish and Wildlife 8, 1987 (52 FR 675). We finalized a proposed rule. We particularly seek Office (see FOR FURTHER INFORMATION recovery plan for Santa Cruz cypress comments concerning: CONTACT). (Recovery Plan) in September 1998 (1) Reasons why we should or should (Service 1998). not reclassify Santa Cruz cypress under Public Hearings Under the Act, we maintain the Lists the Act (16 U.S.C. 1531 et seq.). Section 4(b)(5) of the Act provides for of Endangered and Threatened Wildlife (2) New biological or other relevant one or more public hearings on this and Plants at 50 CFR 17.11 (for animals) data concerning any threat (or lack proposal, if requested. We must receive and 17.12 (for plants) (Lists). We amend thereof) to this species. your request within 45 days after the the Lists by publishing final rules in the (3) New information concerning the date of this Federal Register Federal Register. Section 4(c)(2)(A) of population size or trends of this species. publication. Send your request to the the Act requires that we conduct a (4) New information on how Santa address shown in FOR FURTHER review of listed species at least once Cruz cypress responds to fire, especially INFORMATION CONTACT. We will schedule every 5 years. Section 4(c)(2)(B) requires

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that we determine: (1) Whether a cypress; 12-month findings for the other identified two varieties of the species: species no longer meets the definition of petitioned species will be addressed H. a. var. abramsiana and H. a. var. endangered or threatened and should be separately and published in the Federal butanoensis (San Mateo cypress) removed from the Lists (delisted), (2) Register in the future. (Adams and Bartel 2009). The listed whether a species listed as endangered entity includes all members of this Background more properly meets the definition of species (i.e., both varieties currently threatened and should be reclassified to A scientific analysis was completed have the same protections under the threatened (downlisted), or (3) whether and presented in detail within the Santa Act), which are represented by one a species listed as threatened more Cruz Cypress Species Report (Service population in San Mateo County, properly meets the definition of 2013, entire), which is available at California (H. a. var. butanoensis; endangered and should be reclassified http://www.regulations.gov at Docket known as the Butano Ridge population), to endangered (uplisted). In accordance Number FWS–R8–ES–2013–0092. The and four populations in Santa Cruz with 50 CFR 424.11(d), using the best Species Report was prepared by Service County, California (H. a. var. scientific and commercial data biologists to provide thorough abramsiana; known as the Eagle Rock, available, we will consider a species for discussion of the species ecology, Bracken Brae, Bonny Doon, and Majors delisting only if the data substantiate biological needs, and analysis of the Creek populations). These five that the species is neither endangered threats that may be impacting the populations comprise eight distinct nor threatened for one or more of the species. The Species Report includes stands (trees with similar species following reasons: (1) The species is discussion of the following: species composition, age, and condition considered extinct; (2) the species is description, taxonomy, life history, considered to be a homogeneous unit). considered recovered; or (3) the original habitat, distribution, abundance, Hesperocyparis abramsiana var. data available when the species was population descriptions, age and size butanoensis is distinguished from H. a. listed, or the interpretation of such data, class distribution, threats analysis, var. abramsiana by its longer seed cones were in error. progress towards recovery, and research (Bartel 2012, p. 138). Both varieties are We published a notice announcing needs. This detailed information is collectively referred to as Santa Cruz active review and requested public summarized in the following paragraphs cypress for the remainder of this comments concerning the status of of this Background section and the document unless otherwise noted. Santa Cruz cypress under section 4(c)(2) Summary of Factors Affecting the At the time of listing, population of the Act on February 14, 2007 (72 FR Species section. estimates for Santa Cruz cypress were 7064). We notified the public of Santa Cruz cypress is a small-statured based on field reconnaissance rather completion of the 5-year review on May tree in the cypress family than systematic observations of stand 21, 2010 (75 FR 28636). The 5-year (), with mature trees area and density. These estimates did review, completed on August 17, 2009 averaging 20 to 33 feet (6 to 10 meters) not differ greatly from the estimates (Service 2009), resulted in a in height (Bartel 2012, p. 138). used in the 1998 Recovery Plan (Service recommendation to change the status of Reproductive maturity is reached at an 1998), which used numbers from a the species from endangered to average age of 11 years, although some demographic report (Lyons 1988) of the threatened. A copy of the 2009 5-year individuals produce cones earlier species from 1988. In 2007, we funded review for Santa Cruz cypress is (Kuhlmann 1986, p. 8). The potential a directed study of three populations available on the Service’s lifespan of the Santa Cruz cypress is (Butano Ridge, Majors Creek, and Eagle Environmental Conservation Online approximately 100 years or longer Rock) to obtain more accurate estimates System (http://ecos.fws.gov/docs/five_ (Service 2013, p. 9). on population numbers and area year_review/doc2551.pdf). The taxonomy of and relationships (McGraw 2007, entire), and we derived On December 21, 2011, we received a among members of the cypress family updated estimates for the remaining two petition dated December 19, 2011, from (Cupressaceae) have undergone many populations from McGraw (2007) and the Pacific Legal Foundation, requesting revisions, as described in greater detail Taylor (in litt. 2005). the Service to delist the Inyo California in the Species Report (Service 2013, pp. McGraw (2007) and Taylor (in litt. towhee (Pipilo crissalis eremophilus), 8–9). Most recently, a new genus, 2005) represent the best currently and to reclassify from endangered to Hesperocyparis Bartel and Price, was available scientific and commercial threatened the arroyo toad (Anaxyrus described to recognize that the western information regarding number of californicus), Modoc sucker hemisphere Cupressus taxa, including individual trees, coverage area (acreage) (Catostomus microps), Eriodictyon Santa Cruz cypress, comprise a group for all populations, reproduction, and altissimum (Indian Knob quite separate from the eastern recruitment. Survey data indicate the mountainbalm), Astragalus jaegerianus hemisphere taxa (Adams et al. 2009, p. estimated number of individual trees for (Lane Mountain milk-vetch), and Santa 180). This taxonomic revision, all 5 populations ranges from Cruz cypress. The petition was based on published since listing, changed the approximately 2,786 individuals in the the analysis and recommendations name of the listed entity from Cupressus Butano Ridge population to contained in the most recent 5-year abramsiana to Hesperocyparis approximately 10,000 to 20,000 reviews for these taxa. On June 4, 2012 abramsiana, but did not alter the individuals in the Bracken Brae (77 FR 32922), we published in the definition, distribution, or range of the population (Table 2 in Service 2013, p. Federal Register a 90-day finding for the species from what it was at the time of 13). The five populations range in size 2011 petition to reclassify these six taxa. listing. Based on this revision, we from approximately 8 to 128 acres (ac) In our 90-day finding, we determined include in this document a proposed (3 to 52 hectares (ha)) (Table 2 in the 2011 petition provided substantial correction to this taxon’s scientific Service 2013, p. 13). McGraw’s (2007, p. information indicating the petitioned name, to list it as Hesperocyparis 20) study at the Butano Ridge, Eagle actions may be warranted, and we abramsiana on the List of Endangered Rock, and Majors Creek populations initiated status reviews for each species. and Threatened Plants at 50 CFR showed high levels of new cone This proposed downlisting rule 17.12(h). formation (also expected to be similar at constitutes the 12-month finding and Recent taxonomic evaluations of the Bonny Doon and Bracken Brae our 5-year status review for Santa Cruz Hesperocyparis abramsiana have populations), which is an indicator of

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reproductive vigor. Santa Cruz cypress, commercial data then available to private lands owned by a conservation- like most cypress species, are obligate determine whether a species is no oriented landowner. This land is also seeders; the trees do not resprout after longer an endangered species or a designated by the County of Santa Cruz a disturbance event such as a fire, and threatened species, regardless of as environmentally sensitive habitat, are thus totally dependent on seed whether that information differs from which places restrictions on most establishment for post-disturbance the recovery plan. development. Because four of the five regeneration (Bartel and Knudsen 1983, In 1998, we finalized a recovery plan populations, either wholly or primarily, p. 3). While seed production appears to for Santa Cruz cypress (Recovery Plan; occur on park or reserve lands, most of be strong, recruitment—which depends Service 1998). The Recovery Plan states the individuals in the Bonny Doon, more on the availability of habitat—is that Santa Cruz cypress can be Butano Ridge, Majors Creek, and Eagle more variable between stands (Service reclassified to threatened status when Rock populations are protected against 2013, p. 45). protection is secured for all five the threats identified as imminent For a detailed discussion of Santa populations and their habitat from the (logging, agricultural conversion, and Cruz cypress’s description, taxonomy, primary threats of logging, agricultural development) at the time of listing and life history, habitat, soils, distribution, conversion, and development (Service in the Recovery Plan. Because the abundance, age and size distribution, 1998, p. 30). This criterion was intended Bracken Brae population is being and role of fire in regeneration, please to address the point at which imminent managed by a conservation-oriented see the Species Report available for threats to the species had been landowner and county restrictions are review at http://www.regulations.gov ameliorated so that the populations in place that would restrict most under Docket No. FWS–R8–ES–2013– were no longer in immediate risk of development, development-related 0092. extirpation. Because of its limited range threats to this population appear and distribution, we determined that Recovery and Recovery Plan negligible compared to other active essentially all of the known habitat is Implementation threats. Therefore, we conclude that the necessary to conserve the species. At the downlisting criterion has been Section 4(f) of the Act directs us to time the Recovery Plan was prepared, substantially met. develop and implement recovery plans we estimated that areal extent totaled The Recovery Plan also states that for the conservation and survival of 356 ac (144 ha). After more accurate endangered and threatened species Santa Cruz cypress can be delisted mapping (McGraw 2007, entire), we when all five populations are assured of unless we determine that such a plan now estimate that areal extent totals will not promote the conservation of the long-term reproductive success, with approximately 188 ac (76 ha) (Service insurance against failure provided by species. Under section 4(f)(1)(B)(ii), 2013, p. 43). Additionally, estimated recovery plans must, to the maximum the availability of banked seed (Service abundance of individuals in all 1998, p. 45). This criterion was intended extent practicable, include: ‘‘Objective, populations has changed over time, to address the point at which long-term measurable criteria which, when met, from approximately 2,300 individuals at threats to the species’ persistence had would result in a determination, in the time of listing in 1987, to a current been addressed and its persistence accordance with the provisions of range of 33,000 to 44,000 individuals ensured. As explained in more detail in [section 4 of the Act], that the species (although the latter estimate is variable the Species Report (Service 2013, pp. be removed from the list.’’ However, due to mortality and regeneration 18–20), Santa Cruz cypress requires fire revisions to the list (adding, removing, following the 2008 Martin Fire that or other disturbance for germination of or reclassifying a species) must reflect burned 520 ac (210 ha) of land and a seeds and recruitment of new determinations made in accordance portion of the Bonny Doon population) individuals into the populations. As with sections 4(a)(1) and 4(b) of the Act. (see Table 1 and the Bonny Doon Section 4(a)(1) requires that the population discussion under the detailed below in the Summary of Secretary determine whether a species ‘‘Population Descriptions’’ section of the Factors Affecting the Species section is endangered or threatened (or not) Species Report (Service 2013, pp. 6, 15– and in the Species Report (Service 2013, because of one or more of five threat 17)). It is important to note that the pp. 23–25), alteration of fire regime and factors. Section 4(b) of the Act requires updated estimates for species lack of management are likely to that the determination be made ‘‘solely abundance and areal extent do not significantly impact the long-term on the basis of the best scientific and illustrate trends but rather improved persistence of the species. Additionally, commercial data available.’’ Therefore, information about the species over time. only seed for the Bonny Doon, Majors recovery criteria should indicate when a As explained in more detail in the Creek, and Bracken Brae populations is species is no longer an endangered Species Report (Service 2013, p. 43), stored in a conservation bank; no seed species or threatened species because of three of five populations occur has been banked for the Eagle Rock or any of the five statutory factors. primarily or entirely on lands that are Butano Ridge populations. Therefore, Thus, while recovery plans provide being managed for conservation based on our analysis of the best important guidance to the Service, purposes, including the Butano Ridge available information, we conclude that States, and other partners on methods of population at Pescadero Creek County the delisting criterion for the species has minimizing threats to listed species and Park, the Bonny Doon population at not been met. measurable objectives against which to Bonny Doon Ecological Reserve In addition to the significant measure progress towards recovery, they managed by the California Department protections now afforded to Santa Cruz are not regulatory documents and of Fish and Wildlife (CDFW), and the cypress as outlined above, various cannot substitute for the determinations Eagle Rock population at Big Basin State studies have occurred since and promulgation of regulations Park managed the California Department development of the Recovery Plan that required under section 4(a)(1) of the of Parks and Recreation (CDPR). A aid in our understanding of the status of Act. A decision to revise the status of or fourth population (Majors Creek) is Santa Cruz cypress. For example: remove a species from the Federal List primarily on lands at Gray Whale Ranch • Recent surveys indicate that four of of Endangered and Threatened Plants State Park, with a small portion on the five stands of Santa Cruz cypress (50 CFR 17.12) is ultimately based on an privately owned land. The fifth contain a larger number of individuals analysis of the best scientific and population (Bracken Brae) is entirely on than was estimated at the time of listing

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and in the Recovery Plan (Service 2013, purposes; (C) disease or predation; (D) 1998, pp. 20–25). Additionally, the p. 43). the inadequacy of existing regulatory Recovery Plan included a discussion of • Although data indicate the majority mechanisms; or (E) other natural or threats to Santa Cruz cypress posed by of trees are reproductive, many trees (as human made factors affecting its nonnative species, reproductive indicated by surveys conducted continued existence. A species may be isolation, and predation (Service 1998, specifically at Butano Ridge and Majors reclassified on the same basis. pp. 22, 23). Subsequently, we conducted Creek populations) are even-aged (occur Determining whether the status of a a 5-year status review (which included in stands or populations with species has improved to the point that an analysis of threats that affect the individuals all of approximately the it can be downlisted requires species) in 2009 (Service 2009, pp. 7– same age). Even-aged stands indicate consideration of whether the species is 11). By this point in time, much of the that vigorous recruitment (survival of endangered or threatened because of the existing habitat for Santa Cruz cypress seedlings to reproductive age and into same five categories of threats specified had been acquired by the State of the adult population) is not evident in section 4(a)(1) of the Act. For species California; thus, many impacts (McGraw 2011, p. 26). In contrast, that are already listed as endangered or previously considered significant to the vigorous recruitment would be threatened, this analysis of threats is an species were of a lesser concern, with indicated by stands or populations evaluation of both the threats currently the exception of residential including individuals of multiple sizes facing the species and the threats that development and agricultural or age classes representing various life are reasonably likely to affect the conversion at portions of populations stages of the species. species in the foreseeable future that were not yet conserved. Our review • While seed production appears to following the delisting or downlisting concluded that the impacts from be strong at each of the sampled and the removal or reduction of the alteration of the fire regime, disease or populations, recruitment, which Act’s protections. predation, reproductive isolation, depends more on extrinsic factors such A species is an ‘‘endangered species’’ genetic introgression, and competition as the availability of appropriate habitat for purposes of the Act if it is in danger with nonnative species remained at the for seedling survival, is more variable of extinction throughout all or a same level as identified in the Recovery among stands even within a population. significant portion of its range and is a Plan. These and other data that we have ‘‘threatened species’’ if it is likely to analyzed indicate that most threats become an endangered species within A thorough analysis and discussion of identified at listing and during the the foreseeable future throughout all or the current status review initiated with development of the Recovery Plan are a significant portion of its range. The our 2012 90-day finding (77 FR 32922) reduced in areas occupied by Santa word ‘‘range’’ in the significant portion is detailed in the Species Report Cruz cypress and that the status of Santa of its range phrase refers to the range in (Service 2013, entire). In the Species Cruz cypress has improved, primarily which the species currently exists. For Report, we identified levels of threats due to the habitat protection provided the purposes of this analysis, we first using a scale of low, moderate, or high by CDFW, CDPR, the County of San evaluate the status of the species (see Service 2013, Appendix 1, for a Mateo, and the County of Santa Cruz. throughout all its range, then consider description of the methodology). As However, threats associated with whether the species is in danger of used in this Species Report, a low-level alteration of fire regime and lack of extinction or likely to become so in any threat has the potential to occur at any habitat management continue to impede significant portion of its range. time, but is unlikely to affect the species the species’ ability to recover. At the time of listing, the primary across its entire range or preclude its Additional information on recovery threats to Santa Cruz cypress were persistence into the future; a moderate- and recovery plan implementation are residential development, agricultural level threat is currently affecting the described in the ‘‘Progress Toward conversion, logging, oil and gas drilling, long-term persistence of a particular Recovery’’ section of the Species Report genetic introgression, and alteration of population or across the species’ range, (Service 2013, pp. 39–43). the natural frequency of fires that but does not pose an imminent threat to threatened to destroy portions of each the persistence of the species; and a Summary of Factors Affecting the population (52 FR 675; January 8, 1987). high-level threat is a well-documented Species Other (secondary) threats in 1987 imminent threat to a large number of Section 4 of the Act and its included vandalism, disease, and individuals that has the potential to implementing regulations (50 CFR part inadequate regulatory mechanisms (52 disrupt the long-term persistence of the 424) set forth the procedures for listing FR 675). Of the primary threats in 1987, species in a particular population or species, reclassifying species, or residential development, agricultural across its entire range. Current or removing species from listed status. conversion, and logging threatened potential future threats to Santa Cruz ‘‘Species’’ is defined by the Act as individual Santa Cruz cypress trees and cypress include alteration of the fire including any species or subspecies of stands with imminent destruction. regime (Factors A and E; high-level fish or wildlife or plants, and any By the time the Recovery Plan was threat), competition with nonnative distinct population segment of any developed in 1998 (Service 1998, p.1), species (Factors A and E; moderate-level species of vertebrate fish or wildlife threats to Santa Cruz cypress from threat), climate change (Factor A; which interbreeds when mature (16 residential development, agricultural moderate-level threat), genetic U.S.C. 1532(16)). A species may be conversion, oil and gas drilling, and introgression (Factor E; low-level determined to be an endangered or logging were still a concern but had threat), and vandalism and threatened species because of any one or already substantially decreased. The unauthorized recreational activities a combination of the five factors other (secondary) threats identified at (Factors A and E; low-level threat). The described in section 4(a)(1) of the Act: the time of listing had not been existing regulatory mechanisms are (A) The present or threatened ameliorated by the time the Recovery inadequate to protect the species from destruction, modification, or Plan was developed, particularly these threats (Factor D; low-level threat). curtailment of its habitat or range; (B) alteration of the natural fire frequency Other potential impacts evaluated and overutilization for commercial, because fire exclusion activities still found to either be of no concern, recreational, scientific, or educational occurred on nearby properties (Service insignificant concern, or negligible at

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this time include residential and the inadequacy of existing of fire. Additionally, active management development, agricultural conversion, regulatory mechanisms (Factor D). to address this concern is not occurring logging, and oil and gas drilling (Factor at this time. See additional discussion Alteration of Fire Regime A); overutilization (Factor B); disease or in the ‘‘Alteration of Fire Regime’’ predation (Factor C); and reproductive The long-term persistence of Santa section of the Species Report (Service isolation (Factor E). Please see Table 1, Cruz cypress populations can be 2013, pp. 23–25). Table 4, and the ‘‘Discussion of Threats affected by the disruption of the natural Competition With Nonnative Species to the Species’’ section of the Species fire frequency because Santa Cruz Report for a thorough discussion of all cypress requires fire (or potentially The presence of nonnative, invasive potential and current threats (Service mechanical disturbance in lieu of, or in species impacts the long-term 2013, pp. 3, 22–40). combination with, fire) to reproduce. persistence of Santa Cruz cypress and We note, however, that, although the Most Santa Cruz cypress populations its habitat both currently and in the threats of residential development and are located close to residential areas, future through competition and habitat agricultural conversion to Santa Cruz where natural fires are excluded from modification. Many nonnative species cypress have been ameliorated surrounding wildland areas by the have been introduced into Santa Cruz considerably compared to the time of creation of fire breaks and fuels cypress habitat through a variety of past listing (to the point that we consider reduction projects. Both fire exclusion impacts (e.g., development, them insignificant at this time), they and fire suppression lengthen the infrastructure). Significant impacts remain a concern at two of the interval between fires, thus altering the result from (silver populations (i.e., the Bracken Brae and natural fire regime and increasing the wattle) and Bonny Doon populations) to a lesser risk of extirpation from senescence (French broom). Silver wattle is degree than previously identified in the (growth phase from full maturity to significantly impacting the Majors Creek Recovery Plan. Specifically, while the death). Conversely, human ignitions population and its habitat by creating land is not in permanent conservation contribute to fire intervals that are too dense canopies, which can inhibit ownership, the likelihood of potential short, which in turn can inhibit Santa seedlings by blocking sunlight needed residential development is reduced at Cruz cypress from reaching its for cypress growth (McGraw 2007, p. the Bracken Brae population because reproductive potential if stands burn 23). French broom is one of the most the land is owned by a conservation- prior to trees reaching reproductive age. prevalent in Santa Cruz oriented landowner (Service 2013, p. The altered fire regime presents a County, located at elevations where all 45) and county designation of these high-level threat to the long-term but a portion of one Santa Cruz cypress lands as a sensitive area places a persistence of all of the Santa Cruz population occurs (Moore 2002, p. 6). restriction on certain kinds of cypress populations and their habitat. French broom is significantly impacting development. We do not expect this Santa Cruz cypress depends on fire to the Bonny Doon population and its county designation as a sensitive area to maintain appropriate habitat conditions habitat by inhibiting Santa Cruz cypress change in the future, even if the species and to release many of the seeds stored seedling establishment through is reclassified to threatened or in cones in the canopy. As adult trees competition for open, recently disturbed eventually delisted. Additionally, senesce and die, seed production soils that have access to abundant agricultural conversion is currently decreases, such that there is insufficient sunlight. Additionally, European annual reduced (to an insignificant level) at the seed available to regenerate the stand grasses (present at all populations) are Bonny Doon population as a result of a (McGraw 2007, p. 24). In the absence of known to impact Santa Cruz cypress by large proportion of the population (i.e., fire, recruitment still occurs, but at a precluding the establishment of approximately 70 percent) now low level that is likely not sufficient for seedlings, but these grasses do not occurring on lands designated as a stand replacement (McGraw 2011, p. 2). impact Santa Cruz cypress as reserve (Service 2013, pp. 15, 16, 45). To germinate in large numbers, the significantly as silver wattle or French The portion that is not part of the species requires open soil and canopy broom, which are currently impacting reserve (i.e., approximately 30 percent) conditions created by fires intense two populations (i.e., Majors Creek and is still subject to potential agricultural enough to kill the parent tree; in the Bonny Doon) and likely to impact, at conversion, although potential loss of absence of fire the species is only able minimum, two additional populations even this area outside the reserve is to germinate opportunistically in rock (i.e., Eagle Rock and Bracken Brae) due relatively unlikely due to the county’s outcroppings or small disturbance areas. to the cypress’s proximity to residential designation of these lands as a sensitive Without appropriate disturbance from areas where ground disturbance area (thus a low magnitude threat fire, the stands could eventually activities promote nonnative overall for the population and the senesce, resulting in minimal invasions. We consider competition species as a whole). The increased level reproduction in small rock outcrops that with nonnative species to be a of conservation afforded to these two may be inadequate to maintain moderate-level threat to the Santa Cruz populations as compared to the time of population viability. cypress. See additional discussion in listing has been achieved primarily Within the range of the Santa Cruz the ‘‘Competition With Nonnative Plant through the acquisition of lands for cypress, fire has been documented at the Species’’ section of the Species Report conservation by CDPR and CDFW. Bonny Doon and Eagle Rock (Service 2013, pp. 31–33). The following sections provide a populations, although even-aged stands summary of the current threats at the Butano Ridge, Bracken Brae, and Climate Change impacting the Santa Cruz cypress. As Majors Creek populations suggest that The term ‘‘climate change’’ refers to a identified above, these threats include past fires have occurred. However, change in the mean or variability of one alteration of the fire regime (Factors A McGraw (2011, p. 2) states that the or more measures of climate (e.g., and E), competition with nonnative current demographics and natural temperature or precipitation) that species (Factors A and E), climate recruitment rates observed in the Majors persists for an extended period, usually change (Factor A), genetic introgression Creek, Eagle Rock, and Butano Ridge decades or longer, whether the change (Factor E), vandalism and unauthorized populations appear to be insufficient to is due to natural variability, human recreational activities (Factors A and E), maintain the populations in the absence activity, or both (IPCC 2007, p. 78).

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Various types of changes in climate can Vandalism and Unauthorized communities within the range of the have direct or indirect effects on Recreational Activities species, the opportunity for Santa Cruz species, including Santa Cruz cypress. Vandalism and unauthorized cypress to regenerate in large pulses Scientific measurements spanning recreational activities have been following fire is reduced. This fire several decades demonstrate that documented to impact multiple Santa suppression coupled with the lack of species-specific management is changes in climate are occurring, and Cruz cypress populations and their the rate of change has increased since resulting in minimal regeneration for habitat. These activities result in the 1950s (e.g., IPCC 2007, p. 30; the species as a whole, which could be construction of unauthorized trails Solomon et al. 2007, pp. 35–54, 82–85). exacerbated if this continues into the (such as those within the Majors Creek Within central-western California (i.e., future. The ability of land managers to population at Wilder Creek State Park) California coastal counties from San adequately maintain cypress (CDPR 2000; Barry 2012, pers. obs.), Francisco south to Santa Barbara, populations on public lands is subject to which in turn result in erosion (McGraw including the range of the Santa Cruz constraints and physical barriers. 2007, p. 22) and potentially prevention cypress), predictions indicate warmer Additionally, human intrusion into of seedling establishment. Additionally, winter temperatures, earlier warming in previously undisturbed areas trails wear away substrate from the base the spring, and increased summer contributes to colonization of nonnative temperatures (PRBO Conservation of mature cypress trees. Although plant species in the remote areas of Science 2011, p. 35), all of which will vandalism and unauthorized Santa Cruz cypress forests (see the likely result in shifts in vegetation recreational activities are not considered ‘‘Competition with Nonnative Plant types. This can, for example, result in to significantly impact the populations Species’’ section of the Species Report increased competition between species at this time (considered a low-level (Service 2013, pp. 31–33)). This activity like Santa Cruz cypress and other native threat), they remain a concern due to the exacerbates the likelihood for the and nonnative species (Loarie et al. likelihood of increased inhabitants in creation of open conditions (e.g., bike 2008), or result in habitat changes the urban-wildland interface where trails, road cuts, firebreaks), allowing resulting from altered fire frequency and Santa Cruz cypress occurs. See nonnative plants to proliferate and water availability (Service 2013, p. 28– additional discussion in the ‘‘Vandalism compete with the cypress for soil, 29). We consider climate change to be and Unauthorized Recreational nutrients, and light. If a is then a moderate-level threat to the Santa Activities’’ section of the Species Report introduced into these new (open) Cruz cypress. See additional discussion (Service 2013, p. 33). conditions, nonnative species that in the ‘‘Climate Change’’ section of the Existing Regulatory Mechanisms compete with Santa Cruz cypress could Species Report (Service 2013, pp. 26– then easily spread. The presence or 29). Reclassifying Santa Cruz cypress from increase in nonnative species can endangered to threatened would not inhibit cypress seedlings by blocking Genetic Introgression significantly change the protections the sunlight they need to grow (McGraw If individuals of different cypress afforded to this species under the Act. 2007, p. 23). See ‘‘Compounding species are planted in close proximity, Santa Cruz cypress conservation has Threats’’ section of the Species Report they can exchange pollen and may been addressed in some local, State, and (Service 2013, pp. 37–38). produce fertile hybrid offspring, as has Federal plans, laws, regulations, and been documented in a number of plant policies. Now that most of the trees Overall Summary of Factors Affecting species (Rhymer and Simberloff 1996, reside in fully protected areas on State Santa Cruz Cypress pp. 98–99). By this means, genes from or County park lands, the inadequacy of Impacts to the long-term persistence one species can infiltrate into another, existing regulatory mechanisms is of Santa Cruz cypress populations from which is a process called genetic considered a low-level threat to Santa alteration of the fire regime (Factors A introgression. Santa Cruz cypress may Cruz cypress. However, the main and E) remains a significant concern be affected by introgression from concern currently and into the future is currently and in the future (i.e., at least residential plantings of Hesperocyparis the lack of ongoing management to approximately 100 years, based on the macrocarpa (Monterey cypress) near the prevent senescence and ensure potential lifespan of individual Santa Bonny Doon population (Haley 1993, population persistence. While we Cruz cypress trees per Lyons (1988) pers. obs.), plantings of Cupressus recognize the benefits of management estimate). Because the germination and glabra (Arizona cypress) near the Eagle flexibility, we also recognize that such establishment of new seedlings depends Rock population, and potentially flexibility with regard to on either fire or a managed substitute plantings near other populations due to implementation of land use plans can (e.g., controlled burns or mechanical their close proximity to residential areas result in land use decisions that disturbance), appropriate fire or where plantings of other cypress species negatively affect Santa Cruz cypress or disturbance regimes are needed to could occur. Because considerable its habitat. See additional discussion in manage the demographic profile of the genetic variation exists among Santa the ‘‘Legal Protection’’ section of the five populations. Lack of fire or other Cruz cypress populations (Miller and Species Report (Service 2013, pp. 34– disturbance to promote germination and Westfall 1992, p. 350), it is probable 37). seedling establishment poses a that, in the absence of geographical senescence risk to the stands and barriers, hybridization may occur among Combination of Threats populations of Santa Cruz cypress the different populations of Santa Cruz The threat to the long-term (Service 2013, p. 30). Without cypress as well as between Santa Cruz persistence of Santa Cruz cypress is recruitment of new individuals, trees in cypress and the neighboring species. We compounded by multiple interacting the current even-aged stands may consider genetic introgression to be a factors, specifically: (1) The alteration of become senescent (or no longer low-level threat to the Santa Cruz fire regimes and lack of species reproductive) and no longer produce cypress. See additional discussion in management; and (2) human activities, cones and seeds necessary for long-term the ‘‘Genetic Introgression’’ section of nonnative species, and fire. With the reproductive success and persistence of the Species Report (Service 2013, pp. prevalence of fire exclusion and the populations (which has been 30–31). suppression near residential observed in Santa Cruz cypress

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populations by McGraw (2007, pp. 20– (Factor D). Based on our current unavailable. However, if fire or other 21)). While most of the populations analysis and the current level of disturbance in the future does not occur have been protected through acquisition management being implemented, the to promote germination and seedling of lands for conservation, no active remaining impacts are expected to establishment (whether through a management is currently occurring to influence Santa Cruz cypress’s habitat natural fire event or active manage the demographic profile of the suitability and its ability to reproduce management), population effects that populations. Research on suitable and survive in the future. may result from senescence are likely to management methods has only begun In summary, impacts from place the species in danger of recently at Bonny Doon Ecological development, agricultural conversion, extinction. Reserve (McGraw 2011); future logging, and oil and gas development, Distinguishing Threats for Both Cypress management of this population is which were considered imminent at the Varieties expected to provide additional time of listing, have been substantially understanding of conditions that would reduced or ameliorated. Other impacts As described above in the Background promote regeneration, thus providing identified at or since listing (i.e., section, recent taxonomic evaluations of beneficial management alteration of fire regime; competition Hesperocyparis abramsiana identified recommendations that could be applied with nonnative, invasive species; two varieties: H. a. var. butanoensis to all populations. climate change; genetic introgression; (Butano Ridge population) and H. a. var. Although the fire regime is identified and vandalism (including unauthorized abramsiana (Eagle Rock, Bracken Brae, as a significant impact to Santa Cruz recreational activities)) continue to Bonny Doon, and Majors Creek cypress at this time, the level of impact impact Santa Cruz cypress or are populations) (Adams and Bartel 2009). does not currently place the species in expected to impact the species in the Therefore, the threats analysis provided danger of extinction because of the future. Although individually these in the Species Report (Service 2013, expected continued presence of the impacts (with the exception of altered entire) and summarized in this populations into the future, the fire regime) are of low or moderate document includes a separate recruitment (albeit minimal overall) that concern to the species, their cumulative evaluation for each of the five has been observed to date, and probable impact can promote and accelerate populations, in part to distinguish the additional recruitment that can be unnatural conditions (Service 2013, pp. level of impact the current threats have expected once effective management 37–38). For example, human intrusion on the two separate varieties. The (potentially canopy thinning combined into previously undisturbed areas information summarized below is with vegetation clearance) is contributes to colonization of nonnative evaluated and described in detail in the implemented (see ‘‘Research Needs’’ plant species in the remote areas of ‘‘Discussion of Threats to the Two section of the Species Report (Service Santa Cruz cypress forests, which in Separate Varieties’’ section of the 2013, p. 46)). turn may result in increased Species Report (Service 2013, pp. 38– In addition to altered fire regime, and potentially increased community 40). other impacts to Santa Cruz cypress and concern for wildfire suppression The Butano Ridge population its habitat are currently occurring or activities. These types of interactions (Hesperocyparis abramsiana var. potentially occurring in the future, but could become a greater concern to Santa butanoensis) is primarily threatened by to a lesser degree than the overall Cruz cypress in the future if restricted changes in the historical fire regime impact from an altered fire regime. management leads to increased human (Factors A and E). The population is These include competition with activity in cypress forests. located away from developed areas, but nonnative, invasive species (Factors A The high-level impact to Santa Cruz because it is near a lumber operation, and E); climate change (Factor A); cypress and its habitat that is of greatest there likely are fire exclusion and genetic introgression (Factor E); and concern at this time is an altered fire suppression activities in the vicinity vandalism or unauthorized recreational regime. The long-term persistence of that alter the fire regime. Other impacts activities (Factors A and E). Nonnative Santa Cruz cypress posed by this high- identified at the time of listing are no plants are competing with Santa Cruz level impact is exacerbated by the lack longer impacting this population or are cypress by invading open areas where of species management, resulting in no longer considered significant (e.g., cypress seedlings could become continued affects to the age structure logging, oil and gas drilling), in large established, thus competing for soil, and demographic profile of the species. part due to this population now being nutrients, and light (Service 2013, pp. Although operating on the species fully protected and managed within the 31–33). Climate change may cause currently, the impacts from an altered boundaries of Pescadero Creek County vegetation shifts and promote more and fire regime, either alone or in Park. Although this variety is not larger wildfires (Service 2013, pp. 26– combination with the other impacts considered a separate species, its status 29). Genetic introgression of Santa Cruz identified above, do not place the as a separate variety indicates its cypress with at least two different species at immediate risk of extinction. divergence from other populations of cypress species could result in Reproduction and recruitment is the species. Further divergence, and hybridization and result in the loss of evident (although not at a level potentially the process of speciation, Santa Cruz cypress’s competitive sufficient for long-term persistence) may continue through sustained advantage in its preferred habitat based on recent data in at least four reproductive isolation from other Santa (Service 2013, pp. 31–31). Vandalism populations (i.e., the portion of the Cruz cypress populations. Additionally, and unauthorized recreational activities Bonny Doon population that burned in this is the only location for this variety, may inhibit seedling establishment and the 2008 Martin Fire, and at the Eagle and it is composed of a single stand, increase erosion (Service 2013 p. 33). Rock, Butano Ridge, and Majors Creek thus making it vulnerable to an impact Additionally, although substantial populations) (Service 2013, p. 46); such as disease if exposed. However, at mechanisms are currently in place to insufficient recruitment is also likely this time it is highly unlikely that protect Santa Cruz cypress and its the case at the Bracken Brae population potential impacts such as development, habitat, the existing regulatory and the portion of the Bonny Doon disease, predation, and others (as mechanisms are inadequate to fully population that did not burn in the 2008 described in the Species Report (Service protect the species from these threats Martin fire, although these data are 2013, pp. 23–40)) would occur at the

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Butano Ridge population. An altered We reviewed information presented in and gas drilling) (Factor A); fire regime is the main concern present the 2011 petition, information available overutilization for commercial, at this population, with potential in our files and gathered through our 90- recreational, scientific, or educations concerns currently or in the future day finding in response to this petition, purposes (Factor B); disease or related to competition with nonnative and other available published and predation (Factor C); and other natural species (Factors A and E) and climate unpublished information. We also or human made factors affecting its change (Factor A). consulted with species experts and land continued existence (specifically, Similar to the Butano Ridge management staff with CDFW, CDPR, reproductive isolation) (Factor E) do not population described above, the primary the County of San Mateo, and the rise to a level of significance, either impact to the Eagle Rock, Bracken Brae, County of Santa Cruz, who are actively individually or in combination, such Bonny Doon, and Majors Creek managing for the conservation of Santa that the species is in danger of populations (Hesperocyparis Cruz cypress. For the purposes of this extinction now or in the foreseeable abramsiana var. abramsiana) is the discussion, we define foreseeable future future. alteration of the fire regime (Factors A as at least approximately 100 years However, alteration of the fire regime and E), which was identified at the time based on the potential lifespan of (Factors A and E) has the potential to of listing. This impact remains present individual Santa Cruz cypress trees per disrupt the long-term persistence of the at all populations of the Santa Cruz Lyons’ (1988) estimate (see the ‘‘Life species across its entire range (resulting cypress, although management actions History’’ discussion in the Species in the species potentially facing a at the Bonny Doon Ecological Reserve Report (Service 2013, pp. 8–9) for senescence risk in the future) if fire have included some mechanical additional discussion). continues to be excluded or suppressed vegetation removal in an attempt to In considering what factors might near these populations. Current reduce this impact (Service 2013, pp. constitute threats, we must look beyond recruitment in at least four populations 39–40). Impacts from competition with the mere exposure of the species to the (the portion of Bonny Doon population nonnative species (Factors A and E) and factor to determine whether the that burned in the 2008 Martin Fire, and climate change (Factor A) also threaten exposure causes actual impacts to the the Eagle Rock, Butano Ridge, and the long-term persistence of both species. If there is exposure to a factor, Majors Creek populations) is evident; varieties of Santa Cruz cypress (in but no response, or only a positive however, the current level of addition to vandalism and unauthorized response, that factor is not a threat. If recruitment is not sufficient to maintain recreational activities (Factors A and E), there is exposure and the species the populations in the absence of fire and genetic introgression (Factor E) responds negatively, the factor may be (Service 2013, p. 26). This is likely also potentially impacting the H. a. var. a threat and we then attempt to the case with the Bracken Brae abramsiana populations), and there are determine how significant the threat is. population and the portion of the Bonny no management actions proposed to If the threat is significant, it may drive, Doon population that did not burn. address these concerns. The existing or contribute to, the risk of extinction of Santa Cruz cypress will continue to be regulatory mechanisms are inadequate the species such that the species impacted by competition with to fully protect the species from these warrants listing as endangered or nonnative, invasive species (Factors A impacts (Factor D). Please see the threatened as those terms are defined by and E); genetic introgression (Factor E); ‘‘Current Threats’’ and ‘‘Discussion of the Act. This does not necessarily vandalism and unauthorized Threats to the Two Separate Varieties’’ require empirical proof of a threat. The recreational activities (Factors A and E); sections of the Species Report for combination of exposure and some and potentially climate change (Factor additional discussion related to current corroborating evidence of how the A). Additionally, the existing regulatory or potential threats to these Santa Cruz species is likely impacted could suffice. mechanisms are inadequate to fully cypress populations (Service 2013, pp. The mere identification of factors that protect the species from these threats 23–40). could impact a species negatively is not (Factor D). However, the severity and sufficient to compel a finding that magnitude of threats, both individually Finding listing is appropriate; we require and in combination, and the likelihood An assessment of the need for a evidence that these factors are operative that any one event would affect all species’ protection under the Act is threats that act on the species to the populations is significantly reduced as a based on whether a species is in danger point that the species meets the result of the removal of multiple threats, of extinction or likely to become so definition of endangered or threatened the reduced impact of most remaining because of any of five factors: (A) The under the Act. threats, and the extensive amount of present or threatened destruction, As a result of recent information, we conservation occurring throughout the modification, or curtailment of its know that there are a significantly larger range of the species (including, but not habitat or range; (B) overutilization for number of Santa Cruz cypress limited to, extensive preservation of commercial, recreational, scientific, or individuals than were known at the occupied lands in perpetuity and educational purposes; (C) disease or time of listing (Service 2013, p. 45) and development of management plans to predation; (D) the inadequacy of that there is significant conservation of enhance habitat). existing regulatory mechanisms; or (E) lands that support the populations. In conclusion, we have carefully other natural or manmade factors Significant impacts at the time of listing assessed the best scientific and affecting its continued existence. As that could have resulted in the commercial information available required by section 4(a)(1) of the Act, extirpation of all or parts of populations regarding the past, present, and future we conducted a review of the status of have been eliminated or reduced since threats faced by this species. After this plant and assessed the five factors listing. We conclude that the previously review of the information pertaining to to evaluate whether Santa Cruz cypress recognized impacts to Santa Cruz the five statutory factors, we find that is endangered or threatened throughout cypress from present or threatened the ongoing threats are not of sufficient all of its range. We examined the best destruction, modification, or imminence, intensity, or magnitude to scientific and commercial information curtailment of its habitat or range indicate that Santa Cruz cypress is available regarding the past, present, (specifically, residential development, presently in danger of extinction and future threats faced by the species. agricultural conversion, logging, and oil throughout all its range. Although

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threats to Santa Cruz cypress still exist the Santa Cruz Mountains in San Mateo species under the Act. Therefore, we and will continue into the foreseeable and Santa Cruz Counties, California. find that the petitioned action is future, CDFW, CDPR, the County of San These five populations are all believed warranted, and we propose to reclassify Mateo, and the County of Santa Cruz are to be relictual islands containing Santa Cruz cypress from endangered to implementing conservation measures or representatives of what was once a threatened status. regulatory actions to reduce the level of widespread flora during glacial periods impact on Santa Cruz cypress. We (Libby 1979, p. 15); historical Effects of This Rule therefore find that Santa Cruz cypress distribution of Santa Cruz cypress If this proposed rule is made final, it now meets the definition of a threatened beyond the five currently recognized would revise 50 CFR 17.12(h) to species (i.e., is likely to become in populations is unknown. In other reclassify Santa Cruz cypress from danger of extinction in the foreseeable words, the current distribution is the endangered to threatened on the List of future throughout all of its range). only known distribution, which has Endangered and Threatened Plants. remained the same throughout recorded However, this reclassification does not Significant Portion of the Range history. significantly change the protections Having examined the status of Santa We considered whether the threats afforded this species under the Act. Cruz cypress throughout all its range, facing Santa Cruz cypress might be Pursuant to section 7 of the Act, all we next examine whether the species is different at any of the populations and Federal agencies must ensure that any in danger of extinction in a significant specifically between the Butano Ridge actions they authorize, fund, or carry portion of its range. The range of a population (Hesperocyparis abramsiana out are not likely to jeopardize the species can theoretically be divided into var. butanoensis) and the other four continued existence of Santa Cruz portions in an infinite number of ways. populations (H. a. var. abramsiana). The cypress. Whenever a species is listed as However, there is no purpose in Butano Ridge population is similar to threatened, the Act allows promulgation analyzing portions of the range that the other four populations in that it is of special rules under section 4(d) that have no reasonable potential to be primarily threatened by changes in the modify the standard protections for significant or in analyzing portions of historical fire regime, as was identified threatened species found under section the range in which there is no as a concern for all five populations at 9 of the Act and Service regulations at reasonable potential for the species to be the time of listing. Additionally, threats 50 CFR 17.31 (for wildlife) and 17.71 endangered or threatened. To identify from competition with nonnative (for plants), when it is deemed only those portions that warrant further species and climate change exist for all necessary and advisable to provide for consideration, we determine whether populations. Current threats known the conservation of the species. There there is substantial information only to impact the populations are no 4(d) rules in place or proposed indicating that: (1) The portions may be comprised of H. a. var. abramsiana for Santa Cruz cypress, because there is ‘‘significant’’ and (2) the species may be include genetic introgression, currently no conservation need to do so in danger of extinction there or likely to vandalism, and unauthorized for this species. become so within the foreseeable future. recreational use. Our evaluation of the Recovery actions directed at Santa Depending on the biology of the species, best available information indicates that Cruz cypress will continue to be its range, and the threats it faces, it the overall level of threats is not implemented as outlined in the might be more efficient for us to address significantly different at any of these Recovery Plan for this species (Service the significance question first or the populations (Service 2013, pp. 24–41), 1998, entire). status question first. Thus, if we with the primary current threat to all determine that a portion of the range is populations being alteration of fire Required Determinations not ‘‘significant,’’ we do not need to regime. Additionally, there are no Clarity of the Rule determine whether the species is threats specific to the Butano Ridge endangered or threatened there; if we population; the threats that are We are required by Executive Orders determine that the species is not impacting or have the potential to 12866 and 12988 and by the endangered or threatened in a portion of impact the Butano Ridge population are Presidential Memorandum of June 1, its range, we do not need to determine widespread across the species’ range 1998, to write all rules in plain if that portion is ‘‘significant.’’ In (Service 2013, pp. 39–40). It is our language. This means that each rule we practice, a key part of the determination conclusion, based on our evaluation of publish must: that a species is in danger of extinction the current potential threats to Santa (a) Be logically organized; in a significant portion of its range is Cruz cypress at each of the populations (b) Use the active voice to address whether the threats are geographically in San Mateo and Santa Cruz Counties readers directly; concentrated in some way. If the threats (see Summary of Factors Affecting the (c) Use clear language rather than to the species are essentially uniform Species section of this proposed rule jargon; throughout its range, no portion is likely and the ‘‘Discussion of Threats to the (d) Be divided into short sections and to warrant further consideration. Species’’ section of the Species Report sentences; and Moreover, if any concentration of (Service 2013, pp. 22–40)), that threats (e) Use lists and tables wherever threats to the species occurs only in are neither sufficiently concentrated nor possible. portions of the species’ range that of sufficient magnitude to indicate that If you feel that we have not met these clearly would not meet the biologically the species is in danger of extinction at requirements, send us comments by one based definition of ‘‘significant,’’ such any of the areas that support of the methods listed in the ADDRESSES portions will not warrant further populations. section. To better help us revise the consideration. Therefore, while no populations of rule, your comments should be as We consider the ‘‘range’’ of Santa Santa Cruz cypress are at imminent risk specific as possible. For example, you Cruz cypress to include five populations of extirpation, ongoing threats continue should tell us the names of the sections (Butano Ridge, Bracken Brae, Eagle to affect the likelihood of long-term or paragraphs that are unclearly written, Rock, Bonny Doon, and Majors Creek) persistence of the populations and the which sections or sentences are too that span a distance of 15 miles (24 species such that the Santa Cruz cypress long, the sections where you feel lists or kilometers) from north to south within meets the definition of a threatened tables would be useful, etc.

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National Environmental Policy Act Supervisor, Ventura Fish and Wildlife 50 of the Code of Federal Regulations, Office (see FOR FURTHER INFORMATION as set forth below: We determined we do not need to CONTACT section). prepare an Environmental Assessment PART 17—ENDANGERED AND or an Environmental Impact Statement, Author THREATENED WILDLIFE AND PLANTS as defined under the authority of the The primary author of this proposed ■ National Environmental Policy Act of rule is the Pacific Southwest Regional 1. The authority citation for part 17 1969 (42 U.S.C. 4321 et seq.), in Office in Sacramento, California, in continues to read as follows: connection with regulations adopted coordination with the Ventura Fish and Authority: 16 U.S.C. 1361–1407; 1531– pursuant to section 4(a) of the Act. We Wildlife Office in Ventura, California 1544; 4201–4245, unless otherwise noted. published a notice outlining our reasons (see FOR FURTHER INFORMATION CONTACT). ■ 2. Amend § 17.12(h) as follows: for this determination in the Federal ■ List of Subjects in 50 CFR Part 17 a. By removing the entry for Register on October 25, 1983 (48 FR ‘‘Cupressus abramsiana’’ under 49244). Endangered and threatened species, , and References Cited Exports, Imports, Reporting and ■ b. By adding an entry for recordkeeping requirements, ‘‘Hesperocyparis abramsiana’’ under A complete list of all references cited Transportation. CONIFERS to read as follows: in this proposed rule is available on the Internet at http://www.regulations.gov Proposed Regulation Promulgation § 17.12 Endangered and threatened plants. under Docket No. FWS–R8–ES–2013– Accordingly, we propose to amend * * * * * 0092 or upon request from the Field part 17, subchapter B of chapter I, title (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

******* CONIFERS ......

******* Hesperocyparis Santa Cruz cypress U.S.A. (CA) ...... Cupressaceae ...... T 252 NA NA abramsiana.

*******

Dated: August 13, 2013. Stephen Guertin, Acting Director, Fish and Wildlife Service. [FR Doc. 2013–21313 Filed 8–30–13; 8:45 am] BILLING CODE 4310–55–P

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