Department of the Interior

Vol. 77 Wednesday, No. 95 May 16, 2012

Part V

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To Downlist Three San Clemente Island Plant Species; Proposed Rule To Reclassify Two San Clemente Island Plant Species; Taxonomic Correction; Proposed Rule

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29078 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

DEPARTMENT OF THE INTERIOR traskiae and Castilleja grisea, you may may be petitioned to list, delist or submit comments by one of the reclassify a species. In 2010, we Fish and Wildlife Service following methods: received a petition from the Pacific Federal eRulemaking Portal: http:// Legal Foundation requesting that the 50 CFR Part 17 www.regulations.gov. Follow the Service reclassify Malacothamnus instructions for submitting comments [Docket No. FWS–R8–ES–2012–0007; clementinus, Acmispon dendroideus FXES11130900000C5–123–FF09E32000] for Docket No. [FWS–R8–ES–2012– var. traskiae, and Castilleja grisea from 0007]. endangered to threatened. These species RIN 1018–AY04 U.S. mail or hand delivery: Public are currently listed as endangered under Comments Processing, Attn: Docket No. Endangered and Threatened Wildlife the Act. In 2011, we published our 90- [FWS–R8–ES–2012–0007]; Division of day finding on the petition which and Plants; 12-Month Finding on a Policy and Directives Management; U.S. Petition To Downlist Three San concluded that the petition contained Fish and Wildlife Service; 4401 N. substantial information indicating Clemente Island Plant Species; Fairfax Drive, Suite 222; Arlington, VA Proposed Rule To Reclassify Two San reclassification of the three San 22203. Clemente Island plants may be Clemente Island Plant Species; We will not accept email or faxes. We Taxonomic Correction warranted. We therefore also announced will post all comments on http:// that we were initiating status reviews www.regulations.gov. This generally AGENCY: Fish and Wildlife Service, for these taxa as required under the Act. Interior. means that we will post any personal A change in listing status can only be information you provide us (see the done by issuing a rule. ACTION: Notice of 12-month petition Public Comments Solicited section Basis for the Regulatory Action. finding and proposed rule. below for more information). Under the Endangered Species Act, a SUMMARY: We, the U.S. Fish and FOR FURTHER INFORMATION CONTACT: Jim species may be determined to be Wildlife Service, announce our 12- Bartel, Field Supervisor, Carlsbad Fish endangered or threatened based on any month findings on a petition to and Wildlife Office (see ADDRESSES); by of five factors: (A) The present or reclassify San Clemente Island lotus, telephone at 760–431–9440; or by threatened destruction, modification, or and San Clemente Island paintbrush facsimile (fax) at 760–431–9624. If you curtailment of its habitat or range; (B) under the Endangered Species Act are use a telecommunications device for the Overutilization for commercial, warranted and we propose to change the deaf (TDD), please call the Federal recreational, scientific, or educational status of these two species from Information Relay Service (FIRS) at purposes; (C) Disease or predation; (D) 800–877–8339. endangered to threatened. We also The inadequacy of existing regulatory propose to correct the scientific and SUPPLEMENTARY INFORMATION: mechanisms; or (E) Other natural or common names of San Clement Island Executive Summary manmade factors affecting its continued lotus. We are also announcing our 12- existence. month finding on a petition to reclassify This document contains: (1) 12-month findings in response to a petition to We reviewed all available scientific San Clemente Island bush mallow is not and commercial information pertaining warranted at this time, and therefore we reclassify Malacothamnus clementinus, Acmispon dendroideus var. traskiae, to the five threat factors in our status are not proposing to change the status review of each species. of this species. We are taking these and Castilleja grisea as threatened; and (2) a proposed rule to reclassify A. d. We summarize the results of our actions as a result of a petition to status review for each species below. reclassify these three species. var. traskiae and C. grisea as threatened under the Act. DATES: The finding announced in this Malacothamnus clementinus (San Species addressed. Malacothamnus Clemente Island Bush Mallow) document was made on May 16, 2012 clementinus (San Clemente Island bush Regarding the proposed rule to mallow), Acmispon (previously listed as • Our review does not support a reclassify Acmispon dendroideus var. Lotus) dendroideus var. traskiae conclusion that the threats have been traskiae and Castilleja grisea, we will (previously San Clemente Island broom sufficiently removed, or that their accept comments received or and currently known as San Clemente imminence, intensity, or magnitude postmarked on or before July 16, 2012. Island lotus), and Castilleja grisea (San have been reduced to the extent that the We must receive requests for public Clemente Island paintbrush) are species no longer meets the definition of hearings, in writing, at the address endemic to San Clemente Island, which an endangered species. Threats shown in the FOR FURTHER INFORMATION is located 64 miles (mi) (103 kilometers associated with military activities, CONTACT section by July 2, 2012. (km)) west of San Diego, California. erosion, nonnatives, fire, climate ADDRESSES: This finding is available on Current habitat conditions for M. change, and low genetic diversity the Internet at http:// clementinus, A. d. var. traskiae, and C. continue to impact Malacothamnus www.regulations.gov at Docket Number grisea on San Clemente Island are the clementinus at all of the 11 occurrences [FWS–R8–ES–2012–0007]. Supporting result of present and historical land use on San Clemente Island. M. clementinus documentation we used in preparing practices. San Clemente Island is owned continues to be impacted throughout its this finding is available for public by the U.S. Department of the Navy and, range because of the change in intensity inspection, by appointment, during with its associated offshore range of training and associated impacts normal business hours at the U.S. Fish complex, is the primary maritime enacted in the 2008 San Clemente and Wildlife Service, Carlsbad Fish and training area for the Navy Pacific Fleet Island Military Operations and Fire Wildlife Office, 6010 Hidden Valley and Navy Sea, Air and Land teams Management Plan (MOFMP). Road, Suite 101, Carlsbad, CA, 92011. (SEALs). The island also supports Additionally, closure of areas on San Please submit any new information, training by the U.S. Marine Corps, the Clemente Island to natural resource materials, comments, or questions U.S. Air Force, and other military personnel creates uncertainty regarding concerning this finding to the above organizations. the status of 4 of 11 occurrences, address. Regarding the proposed rule to Purpose of the Regulatory Action. including the largest and most reclassify Acmispon dendroideus var. Under the Endangered Species Act, we genetically diverse, and whether those

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29079

occurrences will benefit from resources and provide for long-term Public Comments Solicited conservation measures. conservation planning within the scope • Our intent is to use the best available We find that reclassifying of military readiness. commercial and scientific data as the Malacothamnus clementinus is not • While it is anticipated that military foundation for all endangered and warranted at this time. training activities, erosion, nonnatives, threatened species classification • Although we recommended and fire will have ongoing impacts to decisions. Therefore, we request downlisting in our 2007 status review, Castilleja grisea habitat, impacts from comments or information from the at this time we believe that these threats are reduced and public, other concerned governmental Malacothamnus clementinus continues minimized based on its distribution and agencies, Native American tribes, the to be in danger of extinction throughout current and anticipated conservation scientific community, industry, or any its range. efforts for the taxon. other interested parties concerning this Acmispon dendroideus var. traskiae • We find that reclassifying Castilleja proposed rule to downlist Acmispon (San Clemente Island Lotus) grisea as threatened is warranted. dendroideus var. traskiae and Castilleja • We find that the ongoing threats are We are proposing the following grisea. We particularly seek comments not of sufficient imminence, intensity, changes to the List of Threatened and concerning: or magnitude to indicate that Acmispon Endangered Plants: (1) Reasons why we should or should dendroideus var. traskiae is presently in • not reclassify Acmispon dendroideus Correct the scientific and common var. traskiae and Castilleja grisea under danger of extinction throughout its names of Acmispon dendroideus var. range and does not, therefore, meet the the Act. traskiae, formerly known as Lotus (2) New biological, trade, or other definition of an endangered species. dendroideus var. traskiae (San Clemente • Since listing and the removal of relevant information and data broom). concerning any threat (or lack thereof) feral goats and pigs on San Clemente • Island, the distribution of Acmispon Change the status of Acmispon to A. d. var. traskiae and C. grisea. dendroideus var. traskiae has expanded dendroideus var. traskiae from (3) New information and data on the from 6 to 29 occurrences. Significant endangered to threatened. projected and reasonably likely impacts gains in distribution demonstrate that • Change the status of Castilleja to A. d. var. traskiae and C. grisea the species is persisting despite existing grisea from endangered to threatened. associated with climate change. (4) The location of, and status, trends, threats across the landscape. Acronyms Used • The Navy is implementing an and threats to, any additional Island Integrated Natural Resources We use several acronyms throughout occurrences of A. d. var. traskiae and C. Management Plan (INRMP) to the preamble to this proposed rule. To grisea. coordinate the management of natural assist the reader, we set them forth here: (5) New information and data resources and provide for long-term concerning the range, distribution, AFP = Artillery Firing Point occurrence size, and occurrence trends conservation planning within the scope AVMA = Assault Vehicle Maneuver Area of military readiness. of A. d. var. traskiae and C. grisea. BMP = Best Management Practices (6) New information and data on the • While it is anticipated that military CERCLA = Comprehensive Environmental training activities, erosion, nonnatives, Response, Compensation and Liability Act current or planned activities within the and fire will have ongoing impacts to A. CESA = California Endangered Species Act geographic range of A. d. var. traskiae d. var. traskiae habitat, impacts from CDFG = California Department of Fish and and C. grisea that may adversely affect these threats are reduced and Game or benefit the species. minimized based on its distribution and CNDDB = California Natural Diversity (7) New information on the host current and anticipated conservation Database plants of C. grisea. CNPS = California Native Plant Society (8) Information and data on the efforts for the taxon. DPS = Distinct Population Segment • We find that reclassifying hybridization of A. d. var. traskiae, and EO = California Natural Diversity Database the impacts of this hybridization on the Acmispon dendroideus var. traskiae as element occurrence threatened is warranted. GIS = Geographic Information System species. We will also continue to accept new Castilleja grisea (San Clemente Island INRMP = Integrated Natural Resources Management Plan information that becomes available Paintbrush) IOA = Infantry Operations Areas concerning the status or threats to the • We find the ongoing threats are not IPCC = Intergovernmental Panel on Climate Malacothamnus clementinus or its of sufficient imminence, intensity, or Change habitat at any time. magnitude to indicate that Castilleja MOFMP = Military Operations and Fire We will post your entire comment on grisea is presently in danger of Management Plan http://www.regulations.gov. Before Navy = United States Department of the Navy including your address, phone number, extinction across its range and does not, NEPA = National Environmental Policy Act therefore, meet the definition of an NPPA = Native Plant Protection Act email address, or other personal endangered species. OHV = Off Highway Vehicle identifying information in your • Since listing and the removal of OMB = Office of Management and Budget comment, you should be aware that feral goats and pigs on San Clemente PL = Point Location your entire comment—including your Island, the distribution of Castilleja RCRA = Resource Conservation and Recovery personal identifying information—may grisea has expanded from 19 to 29 Act be made publicly available at any time. known occurrences. This significant SEALs = Navy Sea, Air, and Land teams While you can ask us in your comment increase in occurrences shows that the SERG = San Diego State University Soil to withhold your personal identifying species is persisting despite existing Ecology and Restoration Group information from public review, we SHOBA = Shore Bombardment Area threats across the landscape. cannot guarantee that we will be able to • SPR = Significant Portion of the Range The Navy is implementing an SWAT = Special Warfare Training Areas do so. Island Integrated Natural Resources TAR = Training Area Ranges Comments and materials we receive, Management Plan (INRMP) to USFWS = United States Fish and Wildlife as well as supporting documentation we coordinate the management of natural Service used in preparing this proposed rule,

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29080 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

will be available for public inspection dendroideus (Lotus scoparius subsp.) the base) in the Malvaceae (mallow on http://www.regulations.gov, or by var. traskiae, Malacothamnus family). Plants are 2.3 to 3.3 feet (ft) (0.7 appointment during normal business clementinus, and Castilleja grisea from to 1 meters (m)) tall with numerous hours at the Carlsbad Fish and Wildlife endangered to threatened under the Act. hairy branched stems arising from the Office (see ADDRESSES). The petition was based on the analysis base of the plant (Munz and Johnston and recommendations contained in the 1924, p. 296; Munz 1959, pp. 122–125; Public Hearing 2007 5-year reviews for these taxa. In a Bates 1993, p. 752; Junak 2006a, pers. The Act provides for one or more letter to the petitioner dated September comm.). Plants have the ability to public hearings on this proposal, if 10, 2010, we acknowledged receipt of spread vegetatively by underground requested. Requests must be received by the petition and initiated a review of the rhizomes, resulting in patches of the date specified in DATES. Such petition under a provision of section 4 spatially separate, but genetically requests must be made in writing and of the Act. We stated that we anticipated identical, individuals (Evans and Bohn addressed to the Field Supervisor (see making an initial 90-day finding in 1987, p. 538). The leaves are 1.2 to 2 FOR FURTHER INFORMATION CONTACT Fiscal Year 2011 (based on available inches (in) (3 to 5 centimeters (cm)) section above). staffing and funding) as to whether or wide and conspicuously bicolored, with Background not the petition presented substantial green upper surfaces covered in short information indicating that the fine hairs and veiny, white Section 4(b)(3)(B) of the Endangered requested action may be warranted. undersurfaces that are densely matted Species Act of 1973, as amended (Act; On January 19, 2011, we published a with hairs (Munz and Johnston 1924, p. 16 U.S.C. 1531 et seq.), requires that, for 90-day finding (76 FR 3069) in which 296). Flowers are clustered in the any petition to revise the Federal Lists we concluded that the petition and uppermost leaf axils, forming of Endangered and Threatened Wildlife information in our files provided interrupted spikes 3.9 to 7.9 in (10 to 20 and Plants that contains substantial substantial information that the cm) long (Munz 1959, p. 125). Flowers scientific or commercial information reclassification of these species may be are bisexual and variously described as that reclassifying the species may be warranted, and announced that we were having pink or white and fading warranted, we make a finding within 12 initiating status reviews for these lavender petals (Munz and Johnston months of the date of receipt of the species. Five-year reviews pursuant to 1924, p. 296; Bates 1993, p. 752). Each petition. In this finding, we will section 4(c)(2)(A) of the Act for flower can produce about 10 seeds that determine whether the petitioned action Malacothamnus clementinus, Acmispon are 0.08 in (2 millimeters (mm)) long is: (a) Not warranted, (b) warranted, or dendroideus var. traskiae, and Castilleja (Munz 1959, p. 122; Navy 2002, p. C– (c) warranted, but the immediate grisea were previously initiated on May 43). The fruits mature and open slowly proposal of a regulation implementing 21, 2010 (75 FR 28636). We will base and irregularly on the plant (Navy 2002, the petitioned action is precluded by our 5-year review recommendations on p. C–43). The genus Malacothamnus other pending proposals to determine the information and conclusions includes 20 species found in the whether species are endangered or provided in this finding, and we expect southwestern region of the United States threatened, and expeditious progress is to finalize those reviews following (Junak and Wilken 1998, p. 290). being made to add or remove qualified publication of this finding. To ensure Malacothamnus clementinus is endemic species from the Federal Lists of that the status reviews are to San Clemente Island and is the only Endangered and Threatened Wildlife comprehensive, we requested in the 90- species within the genus that occurs and Plants. We must publish these 12- day finding any scientific or commercial there (Bates 1993, p. 752; Tierra Data month findings in the Federal Register. data and other information regarding Inc. 2005, p. C–8). Previous Federal Actions these taxa be submitted by March 21, No taxonomic classifications or 2011. This document includes: (1) A nomenclature changes affecting this Malacothamnus clementinus, notice that constitutes the 12-month taxon have been published since it was Acmispon dendroideus var. traskiae, finding in response to the petition to listed as endangered in 1977. The and Castilleja grisea were listed as reclassify M. clementinus, A. d. var. Jepson Manual, the standard reference endangered under the Act on August 11, traskiae, and C. grisea as threatened (the flora for the State, continued to treat this 1977 (42 FR 40682). Subsequently, a 12-month findings for O. californica species under the same name, Recovery Plan for Channel Island (avita) subsp. eurekensis, S. alexandrae, Malacothamnus clementinus, in the species, including M. clementinus, A. d. and tidewater goby will be addressed in recent edition (Bates 2012, pp. 1–2). var. traskiae, and C. grisea, was separate documents); and (2) a proposed finalized in 1984 (USFWS 1984, pp. 1– Species Description and Taxonomy— rule to reclassify A. d. var. traskiae and Acmispon dendroideus var. traskiae 165), and 5-year status reviews were C. grisea from endangered to threatened completed for each of these taxa in 2007 under the Act. Acmispon dendroideus var. traskiae (USFWS 2007a, pp. 1–28; USFWS is a suffrutescent (semi-woody), short- 2007b, pp. 1–22; USFWS 2007c, pp. 1– Species Information lived (less than 5 years), floriferous 19). These status reviews recommended For purposes of this finding, we (flower bearing) subshrub in the legume reclassification of M. clementinus, A. d. present the species description and family Fabacaeae (pea family). It is var. traskiae, and C. grisea from taxonomy for each individual plant endemic to San Clemente Island (Isely endangered to threatened status. species below. However, the remaining 1993, p. 619), and is one of five taxa in On May 18, 2010, we received a species information, where possible, is the genus Acmispon found on the island petition dated May 13, 2010, from the combined for all three taxa to avoid (Tierra Data Inc. 2005, p. C–8; Brouillet Pacific Legal Foundation requesting that redundancy, followed by applicable 2008, pp. 388–392). There are no other the Service delist Oenothera californica species-specific information by taxon. varieties of A. dendroideus found on the (avita) subsp. eurekensis (Eureka Valley island. This variety can be distinguished evening-primrose) and Swallenia Species Description and Taxonomy— from other varieties of A. dendroideus alexandrae (Eureka Valley dunegrass), Malacothamnus clementinus by its bushy habit and elongated fruits and downlist tidewater goby Malacothamnus clementinus is a (Allan 1999, p. 88). Acmispon (Eucyclogobius newberryi), Acmispon rounded subshrub (stems woody only at dendroideus var. traskiae is typically

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29081

less than 4 ft (1.2 m) tall with slender (Brouillet 2012), and the continental edition of the Jepson Manual (Chuang erect green branches (Munz 1974, pp. Flora of North America, as well as by and Heckard, Weatherwax, rev. 2012). 449–450; USFWS 1984, p. 59; Allan the California Native Plant Society Species Location 1999, p. 82). Each leaf has three to five (CNPS 2011). We concur with the leaflets, each approximately 0.2 to 0.3 in scientific evidence and acceptance by Description and Land Use of San (5 to 9 mm) long and uniformly glabrous the scientific community and likewise Clemente Island (surface without hair) to finely hairy accept the name Acmispon dendroideus Malacothamnus clementinus, (USFWS 1984, p. 59; Allan 1999, p. 82). var. traskiae. Based upon this Acmispon dendroideus var. traskiae, Acmispon dendroideus var. traskiae has acceptance, we will make appropriate and Castilleja grisea are endemic to San small yellow flowers that are bisexual corrections to this taxon’s references in Clemente Island (Raven 1965, p. 60), and arranged in one to five flowered our regulations (50 C.F.R. 17.12) and which is located 64 miles (mi) (103 clusters on stalks that arise from axils will use this nomenclature in future kilometers (km)) west of San Diego, between the stem and leaf of terminal notices regarding this taxon. Moreover, California (USFWS 1984, p. 5). The shoots (Junak and Wilken 1998, p. 256). in previous documents, this taxon has island is approximately 56 square mi Pistils are initially yellow, turning been referred to by other common (145 square km) (Junak and Wilken orange then red as the fruit matures names (such as Trask’s Island lotus, San 1998, p. 2) and is long and narrow: 21 (USFWS 1984, p. 59; California Native Clemente Island broom, and San mi (34 km) long by 1.5 mi (2.4 km) wide Plant Society (CNPS) 2001, p. 208). Clemente Island lotus) (Isely 1993, p. at the north end and 4 mi (6.4 km) wide Acmispon dendroideus var. traskiae 619; 76 FR 3069, January 19, 2011; 42 at the south end (USFWS 1984, p. 5). has undergone taxonomic realignments FR 40682, August 11, 1977). In this The historical ranges and since the 1977 listing. We accept the document, we use San Clemente Island distributions of Malacothamnus change of scientific name to Acmispon lotus to represent A. d. var. traskiae. clementinus, Acmispon dendroideus dendroideus (Greene) Brouillet var. The taxonomic and nomenclatural var. traskiae, and Castilleja grisea on traskiae (Noddin) Brouillet from Lotus changes described here do not alter the San Clemente Island are unknown dendroideus (Nutt.) Ottley subsp. description, distribution, or listing because botanical studies were not traskiae. This change is supported by status of the taxon. morphological and molecular data conducted on the island prior to (Allan and Porter 2000, p. 1876; Species Description and Taxonomy— grazing, which began in the 1800s Sokoloff 2000, p. 128; Brouillet 2008, p. Castilleja grisea (Kellogg and Kellogg 1994, p. 4). The 389). Castilleja grisea is a highly branched first herbarium specimens were The name used for this taxon when it hemiparasitic (plant that can be either collected in 1894 for M. clementinus was listed in 1977 (42 FR 40682) was free-living or parasitic) perennial herb to and C. grisea, and in 1905 for A. d. var. Lotus scoparius (Nutt.) Ottley subsp. subshrub in the Orobanchaceae traskiae. Although herbarium traskiae (Abrams) Raven. Subsequently, (broomrape family) (Chuang and specimens were collected from time to Isely (1978, p. 467) separated this and Heckard 1993, p. 1016; Young et al. time, the first surveys for these species two other Channel Islands endemic taxa 1999, p. 890; Olmstead et al. 2001, p. did not occur until the 1970s (USFWS (L. scoparius var. veatchi Ottley and L. 352). Castilleja grisea is endemic to San 2007b, p. 4). scoparius var. dendroideus (Greene) Clemente Island and the only species of San Clemente Island is owned by the Ottley) from mainland Lotus scoparius. the genus found there (Chuang and U.S. Department of the Navy (Navy) He recognized them as varieties Heckard 1993, p. 1021; Helenurm et al. and, with its associated offshore range (considered equivalent to subspecies in 2005, p. 1222; Tierra Data Inc. 2005, p. complex, is the primary maritime plants) of a single species, Lotus A–7). Castilleja grisea plants are 1.3 to training area for the Pacific Fleet and dendroideus, which was the oldest 2 ft (0.4 to 0.6 m) tall and ash-gray in SEALs. The island also supports name among the three taxa. The name, color with densely hairy leaves (Chuang training by the U.S. Marine Corps, the Lotus dendroideus var. traskiae, was and Heckard 1993, p. 1021). The leaves U.S. Air Force, and other military published by Isely in 1978 (p. 467), and are alternate and linear, and 0.4 to 2 in organizations. As the western most recognized in floristic (Isely 1993, p. (1 to 5 cm) long with 0 to 3 lobes training range in the eastern Pacific 619) and systematic treatments (Isely (Chuang and Heckard 1993, p. 1021). Basin where training operations are 1998, p. 646). Following Isely’s The yellow bisexual flowers are borne performed prior to troop deployments, taxonomic revision, we amended the list in terminal spikes. The fruit is a semi- portions of the island receive intensive of endangered and threatened plants (50 woody capsule, 0.4 to 0.5 in (10 to 12 use by the military (Navy 2008b, p. 2– CFR 17.12), but incorrectly transcribed mm) long, bearing many small seeds 2). Various training activities occur the name as Lotus dendroideus subsp. (Chuang and Heckard 1993, p. 1021; within particular land use designations traskiae (USFWS 1980, 45 FR 82483). Junak and Wilken 1998, p. 83). Seeds and training areas on the island, which This combination, as a subspecies and have a deeply netted seedcoat, and are are coincidentally concentrated in not a variety, was never validly 0.4 to 0.6 in (1 to 1.5 mm) in diameter habitat that supports Malacothamnus published and thus cannot be used. (Muller and Junak 2011, p. 12). clementinus, Acmispon dendroideus Recent morphological (Sokoloff 2000, Castilleja grisea was described by var. traskiae, and Castilleja grisea. In p. 128) and molecular (Allan and Porter Dunkle (p. 31) in 1943. The name has 2008, the Navy adopted the MOFMP to 2000, p. 1876) data support recognition not changed since the species was increase the amount and intensity of of a separate genus, Acmispon, from listed, although the family affiliation training on San Clemente Island (Navy Lotus. The required nomenclatural has been changed to the Orobanchaceae 2008b, pp. 2–1 to 2–52). The impact to combination Acmispon dendroideus (broomrape family) from the habitat from military activities is (Greene) Brouillet var. traskiae (Noddin) Scrophulariaceae (figwort family; increasing under this plan (USFWS Brouillet was made in 2008 (Brouillet Olmstead et al. 2001, p. 352). We will 2008, pp. 1–237). 2008, p. 389). This name is recognized revise our regulations at 50 C.F.R. 17.12 Military training activities within and accepted by the scientific to reflect this change in family Naval Special Warfare Training Areas community in floristic works, the affiliation. This taxonomic change (SWAT), Training Area Ranges (TAR), Jepson Manual revision for California remains consistent in the upcoming Impact Areas, and the Infantry

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29082 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Operations Areas (IOA) involve the areas outside of the Impact Areas within dendroideus var. traskiae, and movement of vehicles and troops over SHOBA when military activities Castilleja grisea occurrences, and the landscape, and can include live requiring exclusive use are not inhibits the ability to manage threats in munitions fire, incendiaries, occurring. Because of the frequency of those areas. The Navy is developing demolitions, and bombardment. These training, access to SHOBA can be plans to trim the vegetation in these activities have multiple impacts, restricted for long periods of time. areas so that sweeps by specially trained including disturbances to soil and Range operators are aware of the natural technicians can clear the areas of vegetation, spread of nonnative plant resource obligations within SHOBA, unexploded ordnance to allow access by species, creation of road ruts and trails, and at least 1 day a week is usually nonmilitary personnel (Munson 2011c, and compaction of soils (USFWS 2008, allowed for natural resource programs to pers. comm.). pp. 83–87). TARs cover a total of 1,840 conduct their activities. Weeks with As part of its monitoring and recovery acres (ac) (744 hectares (ha)), or 5.4 reduced natural resource access, efforts for listed species, the Navy percent of the island, while IOAs including infrequent events that exclude encompass 8,815 ac (3,567 ha) or natural resource personnel from SHOBA initiated several rare plant surveys on approximately 25 percent of the island, for 10 to 20 days, are announced in San Clemente Island (Junak and Wilken SWATs cover a total of 10,897 ac (4410 advance and provide natural resource 1998, pp. 1–416, GIS data; Junak 2006, ha) or approximately 30 percent of the managers the opportunity to plan pp. 1–176, GIS data; Tierra Data Inc. island, and Impact Areas cover 3,459 ac accordingly. 2008, pp. 1–24, appendices and GIS (1,400 ha) or approximately 10 percent Safety concerns relative to the data; SERG 2009–2011, GIS data). These of the island (Navy 2008a, pp. 2–17, 2– presence of unexploded ordnance surveys involved the collection of point 45; Navy 2008b, p. 3.11–52). within SHOBA have recently prompted locations that represent discrete The Navy has delineated areas of the Navy to review access policies localities of plants detected during field military use to define where specific (O’Connor 2006, pers. comm.; USFWS surveys. Temporal and spatial variation activities will take place. These 2008, p. 50; Munson 2011c, pers. among data points from these surveys is delineated areas include the Shore comm.). In the Navy’s MOFMP (Navy likely due to differences between Bombardment Area (SHOBA), 2008a; pp. 2–38 to 2–44), Impact Areas individual researchers’ survey constituting the southern one third of I and II were indefinitely closed ‘‘for techniques or accuracy of data records. the island. Please note that while the any purpose, including monitoring and Groups of plants were described in the SHOBA boundary is illustrated in management of endangered and past using many different terms Figures 1 to 3, no other boundaries are sensitive species and their habitat’’ for including: Point localities, populations, shown for security reasons, although safety reasons (Navy 2008a, p. 2–45). occurrences, and element occurrences. other training areas will be discussed in Impact Areas I and II cover Unless referring to a specific author’s the text of this document. SHOBA, approximately 3,459 ac (1,400 ha), or research and language, we refer to which covers approximately 10,061 ac approximately 10 percent of the island’s identifiable and separable groups of (4071 ha) (Navy 2009, p. 2–4), serves as 36,000 ac (14,568 ha; Navy 2008a, p. 2– plants as ‘‘occurrences’’ in this finding a buffer around Impact Areas I and II 45. The Navy is revising its INRMP to and proposed rule. We defined these and supports a variety of training develop solutions to monitor species occurrences by mapping smaller operations. Parts of SHOBA are not and their threats in these areas groupings of plants (point locations) and subject to training activities and serve potentially through unmanned vehicles, combining point locations that fall only as a buffer, while other areas aircraft, or with the assistance of range within 0.25 mi (402 m) of one another support military activities, including maintenance personnel that regularly with any corresponding California movement of troops and vehicles or access the areas. In the meantime, there Natural Diversity Database (CNDDB) bombing exercises (Navy 2002, p. 2–4). are no monitoring or management polygons. These combined points meet The Impact Areas sustain heavy live fire actions occurring in these areas. the broader California Department of and are a recurrent source of wildfires. Access to additional areas on the Fish and Game (CDFG) definition of an Fuel breaks are applied each year prior island where unexploded ordnance has element occurrence, which is a record of to fire season to help prevent spread of been found is now also restricted for an observation or series of observations. fire to areas outside of the Impact Areas. natural resource personnel (such as Discussion of occurrences throughout Because parts of SHOBA are used for areas in the eastern escarpment within this 12-month finding includes ship-to-shore bombardment, access to SHOBA, Eel Point, Pyramid Head, and groupings of CNDDB element this area is restricted for nonmilitary Lemon Tank Canyon) (Munson 2011c, occurrences and point localities within personnel on days when bombing is pers. comm.). Restricted access to these a 0.25-mi (402 m) radius of a given occurring. Individuals conducting sites limits the opportunities to acquire occurrence. Information for each surveys or working on invasive species information on the status of occurrence of these three taxa is control projects are granted access to Malacothamnus clementinus, Acmispon described in Table 1.

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29083

TABLE 1—DISTRIBUTION AND STATUS OF OCCURRENCES OF Malacothamnus clementinus (SAN CLEMENTE ISLAND BUSH MALLOW), Acmispon dendroideus VAR. traskiae (SAN CLEMENTE ISLAND LOTUS), AND Castilleja grisea (SAN CLEMENTE ISLAND PAINTBRUSH)

Element Current Location occurrence (EO) # Status 2 at listing; status Current threats 3 Military use 4 description and point location year of first record (reference) (PL) 1

Malacothamnus clementinus

Canchalagua Canyon No EO; 1 PL ...... Unknown ...... Presumed Extant A: Nonnative, Fire; E: Low Military Value; (SERG 2011). Fire, Climate, Ge- Area Recently netic. Closed. Horse Beach Canyon EO 3; 48 PLs ...... Unknown ...... Presumed Extant A: Land Use, Erosion, High Military Value; (Junak 2005). Nonnative, Fire, Area Closed. Fire Management; E: Movement, Fire, Climate, Genetic. Lower China Canyon .. EO 1; 9 PLs ...... Extant; 1975 her- Presumed Extant A: Land Use, Erosion, High Military Value; barium record. (Junak 1997, Nonnative, Fire, Area Closed. SERG 2009). Fire Management; E: Movement, Fire, Climate, Genetic. Upper China Canyon No EO; 4 PLs ...... Extant; 1975 her- Extant (SERG 2010) A: Land Use, Erosion, Low Military Value. (including Upper barium record. Nonnative, Fire, Horse Beach Can- Fire Management; yon). E: Movement, Fire, Climate, Genetic. Cave Canyon (includ- No EO; 27 PLs ...... Unknown ...... Extant (SERG 2010) A: Nonnative, Fire; E: Medium Military ing Kinkipar Can- Fire, Climate, Ge- Value. yon). netic. Chukit Canyon ...... 2 PLs ...... Unknown ...... Extant (Junak 2004) A: Nonnative, Fire; E: Low Military Value. Fire, Climate, Ge- netic. Lemon Tank Canyon .. EO 2 ...... Extant; 1923 her- Presumed Extant A: Land Use, Erosion, Low Military Value; barium record. (CNDDB 1996). Nonnative; E: Area Closed. Movement, Cli- mate, Genetic. Box Canyon ...... EO 4; 9 PLs ...... Unknown ...... Extant (SERG 2009) A: Nonnative; E: Cli- Low Military Value. mate, Genetic. Norton Canyon ...... EO 7; 27 PLs ...... Unknown ...... Extant—(SERG 2011) A: Nonnative; E: Cli- Low Military Value. mate, Genetic. Middle Ranch Canyon EO 5; 5 PLs ...... Unknown ...... Extant (SERG 2008) A: Erosion, Non- Low Military Value. native; E: Climate, Genetic. Waymuck Canyon ...... EO 6; 1 PL ...... Unknown ...... Presumed Extant A: Erosion, Non- High Military Value. (CNDDB 1985). native; E: Climate, Genetic.

Acmispon dendroideus var. traskiae

Eagle Canyon ...... EO 1, 9 PLs ...... Extant; 1980 CNDDB Extant (Junak 2006, A: Land Use, Erosion, Low Military Value; SERG 2008). Nonnative, Fire; E: Area Recently Movement, Fire, Closed. Climate. Bryce Canyon ...... No EO, 14 PLs ...... Unknown ...... Extant (SERG 2009) A: Nonnative, Fire; : Low Military Value; Fire, Climate. Area Recently Closed. North Mosquito Cove EO 8, 14 PLs ...... Extant; 1939 her- Extant (SERG 2010) A: Land Use, Erosion, Low Military Value; barium record. Nonnative, Fire; E: Area Recently Movement, Fire, Closed. Climate. Canchalagua Canyon EO 4, 21 PLs ...... Unknown ...... Extant (SERG 2011) A: Land Use, Erosion, Low Military Value; (including south Nonnative, Fire; E: Area Recently Mosquito Cove). Movement, Fire, Closed. Climate. Thirst Canyon (includ- No EO, 8 PLs ...... Unknown ...... Extant (SERG 2009) A: Nonnative, Fire; E: Medium Military ing Vista Canyon). Fire, Climate. Value. Cave Canyon ...... No EO, 3 PLs ...... Unknown ...... Presumed Extant A: Nonnative, Fire; E: Medium Military (Junak 1997). Fire, Climate. Value. Horse Canyon ...... No EO, 2 PLs ...... Unknown ...... Presumed Extant A: Nonnative, Fire; E: Medium Military (Junak 1997). Fire, Climate. Value. Pyramid Head ...... EO 5, 1 PL ...... Extant; 1979 CNDDB Presumed Extant A: Nonnative, Fire; E: High Military Value; (Junak 1997). Fire, Climate. Area Closed.

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29084 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Element Current Location occurrence (EO) # Status 2 at listing; status Current threats 3 Military use 4 description and point location year of first record (reference) (PL) 1

SHOBA Boundary No EO, 8 PLs ...... Unknown ...... Presumed Extant A: Nonnative; E: Cli- Medium Military (north to Twin Dams (Junak 1996). mate. Value. Canyon). Twin Dams Canyon .... No EO, 2 PLs ...... Unknown ...... Extant (Junak 2006) A: Nonnative; E: Cli- Medium Military mate. Value. Horton Canyon (in- EO 13, 27 PLs ...... Unknown ...... Extant (SERG 2010) A: Erosion, Non- Medium Military cluding Stone, native; E: Climate. Value. Burn’s, and Horton Canyons). Tota Canyon ...... No EO, 7 PLs ...... Unknown ...... Presumed Extant A: Erosion, Non- Low Military Value. (SERG 2010). native; E: Climate. Lemon Tank Canyon No EO, 19 PLs ...... Unknown ...... Extant (Junak 2004) A: Erosion, Non- Low Military Value; (including Nanny native; E: Move- Area Partially Canyon). ment, Climate. Closed. Larkspur Canyon ...... EO 16, 2 PLs ...... Unknown ...... Extant (SERG 2011) A: Erosion, Non- Low Military Value. native, Fire; E: Movement, Fire, Climate. Chamish Canyon ...... EO 3, 1 PL ...... Extant; 1980 CNDDB Presumed Extant A: Erosion, Non- Low Military Value. (Junak 1997). native, Fire; E: Movement, Fire, Climate. Box Canyon ...... No EO, 2 PLs ...... Unknown ...... Presumed Extant A: Nonnative; E: Cli- Low Military Value. (Junak 1997). mate. Norton Canyon ...... No EO, 1 PL ...... Unknown ...... Extant (Junak 2004) A: Nonnative; E: Cli- Low Military Value. mate, Hybridization. Upper Middle Ranch EO 10, 5 PLs ...... Unknown ...... Extant (Junak 2004) A: Erosion, Non- Low Military Value. Canyon. native; E: Climate. Lower Middle Ranch No EO, 3 PLs ...... Unknown ...... Extant (SERG 2008) A: Nonnative; E: Cli- Low Military Value. Canyon. mate. Waymuck Canyon ...... No EO, 4 PLs ...... Unknown ...... Extant (SERG 2011) A: Nonnative; E: Cli- High Military Value. mate. Warren Canyon ...... EO 12, 20 PLs ...... Unknown ...... Extant (SERG 2011) A: Erosion, Non- High Military Value. native; E: Move- ment, Climate. Middle Wallrock Can- No EO, 10 PLs ...... Unknown ...... Extant (Junak 2004) A: Nonnative; E: High Military Value. yon. Movement, Climate. Upper Wallrock Can- No EO, 3 PLs ...... Unknown ...... Extant (Junak 2006) A: Erosion, Non- High Military Value. yon. native; E: Climate. Seal Cove Terraces ... No EO, 3 PLs ...... Unknown ...... Extant (Junak 2004) A: Erosion, Non- High Military Value. native, Fire; E: Movement, Fire, Climate. Eel Cove Canyon (in- EO 14, 6 PLs ...... Unknown ...... Extant (SERG 2010) A: Erosion, Non- High Military Value. cluding terraces). native, Fire; E: Movement, Fire, Climate. Middle Island Plateau EO 7, 6 PLs ...... Unknown ...... Extant (Tierra Data A: Land Use, Erosion, High Military Value. 2007). Nonnative, Fire; E: Movement, Fire, Climate. Wilson Cove ...... EO 11, 52 PLs ...... Extant; 1981 CNDDB Extant (SERG 2010) A: Land Use, Erosion, High Military Value. Nonnative, Fire; E: Movement, Fire, Climate, Hybridiza- tion. North Wilson Cove ..... EO 9, no PLs ...... Extant; 1959 her- Unknown ...... A: Erosion, Non- High Military Value. barium record. native; E: Climate. North Island Terraces EO 15, no PLs ...... Unknown ...... Presumed Extant A: Erosion, Non- Medium Military (CNDDB 1996). native; E: Move- Value. ment, Climate.

Castilleja grisea

Thirst Canyon (includ- EO 10, 11 & 40; 21 Extant; 1980 CNDDB Extant (SERG 2010) A: Nonnative, Fire; E: Medium Military ing Vista Canyon). PLs. Climate. Value.

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29085

Element Current Location occurrence (EO) # Status 2 at listing; status Current threats 3 Military use 4 description and point location year of first record (reference) (PL) 1

Eagle Canyon (includ- EO 7 & 30; 50 PLs ... Extant; 1979 her- Extant (Tierra Data A: Land Use, Erosion, Low Military Value; ing Grove Canyon). barium record. 2006). Nonnative, Fire; E: Area Recently Movement, Climate. Closed. Bryce Canyon ...... EO 3, 8 & 47; 43 PLs Extant; 1979 GIS Extant (SERG 2010) A: Land Use, Erosion, Low Military Value; data. Nonnative, Fire; E: Area Recently Movement, Climate. Closed. Canchalagua Canyon EO 4 & 27; 56 PLs ... Extant; 1963 her- Extant (SERG 2011) A: Land Use, Erosion, Low Military Value; (including south barium record. Nonnative, Fire, Area Recently Mosquito Cove and Fire Management; Closed. Matriarch Canyon). E: Movement, Cli- mate. Knob Canyon ...... EO 2 & 49; 21 PLs ... Extant; 1979 CNDDB Extant (Tierra Data A: Land Use, Erosion, Low Military Value; 2006, SERG 2008). Nonnative, Fire, Area Recently Fire Management; Closed. E: Movement, Cli- mate. Pyramid Head ...... EO 1 & 15; 25 PLs ... Extant; 1965 her- Extant (SERG 2011) A: Land Use, Erosion, High Military Value; barium record. Nonnative, Fire; E: Partially Recently Movement, Climate. Closed. Snake Canyon (includ- EO 23; 4 PLs ...... Extant; 1939 CNDDB Presumed Extant A: Nonnative, Fire; E: High Military Value; ing Sun Point). (Junak 1997). Fire, Climate. Area Closed. Upper Chenetti Can- EO 34; 1 PL ...... Unknown ...... Extant (Junak 2004) A: Nonnative, Ero- High Military Value; yon. sion, Fire, Fire Area Closed. Management; E: Fire, Climate. Horse Beach Canyon EO 33 & 35; 49 PLs Extant; 1939 her- Presumed Extant A: Land Use, Erosion, High Military Value; barium record. (Junak 2005). Nonnative, Fire, Area Closed. Fire Management; E: Movement, Fire, Climate. China Canyon ...... EO 25, 37 & 46; 6 Extant; 1939 her- Presumed Extant A: Land Use, Erosion, High Military Value; PLs. barium record. (Junak 1997; Nonnative, Fire, Area Closed. SERG 2009). Fire Management; E: Movement, Fire, Climate. Red Canyon ...... EO 36; no PLs ...... Extant; 1975 her- Presumed Extant A: Land Use, Erosion, High Military Value; barium record. (CNDDB 1986). Nonnative, Fire, Area Closed. Fire Management; E: Movement, Fire, Climate. Kinkipar Canyon ...... No EO; 2 PLs ...... Unknown ...... Extant (SERG 2006) A: Nonnative, Fire; E: Medium Military Climate. Value. Cave Canyon ...... EO 17, 18 & 45; 9 Extant; 1980 CNDDB Extant (SERG 2009) A: Nonnative, Fire; E: Medium Military PLs. Climate. Value. Horse Canyon ...... No EO; 6 PLs ...... Unknown ...... Extant (SERG 2010) A: Nonnative, Fire; E: Medium Military Climate. Value. Upper Horse Canyon EO 19 & 39; 1 PL ..... Extant; 1979 CNDDB Extant (Junak 2004) A: Erosion, Non- Medium Military native, Fire; E: Cli- Value. mate. SHOBA Boundary EO 31; 55 PLs ...... Extant; 1965 CNDDB Extant (Junak 2006, A: Nonnative; E: Cli- Medium Military (north to and includ- SERG 2011). mate. Value. ing Twin Dams Can- yon). Horton Canyon (in- EO 12 & 44; 24 PLs Extant; 1981 CNDDB Extant (Junak 2006, A: Erosion, Non- Medium Military cluding Stone and SERG 2010). native; E: Climate. Value. Burn’s Canyons). Lemon Tank Canyon No EO; 14 PLs ...... Unknown ...... Extant (SERG 2010) A: Land Use, Erosion, Low Military Value; (including Tota Can- Nonnative, Fire; E: Area Closed. yon). Movement, Fire, Climate. Nanny Canyon ...... EO 13; 3 PLs ...... Extant; 1979 CNDDB Extant (Junak 2004) A: Nonnative; E: Low Military Value; Movement, Climate. Area Partially Closed.

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29086 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Element Current Location occurrence (EO) # Status 2 at listing; status Current threats 3 Military use 4 description and point location year of first record (reference) (PL) 1

Larkspur Canyon (in- EO 14 & 48; 15 PLs Extant; 1981 CNDDB Extant (SERG 2006— A: Land Use, Erosion, Low Military Value. cluding Chamish 2011). Nonnative, Fire; E: Canyon). Movement, Fire, Climate. Box Canyon ...... EO 20 & 41; 22 PLs Extant; 1979 CNDDB Extant (SERG 2011) A: Nonnative; E: Cli- Low Military Value. mate. Upper Norton Canyon EO 21; 6 PLs ...... Extant; 1979 CNDDB Extant (SERG 2011) A: Nonnative; E: Cli- Low Military Value. mate. Middle Ranch Canyon EO 24; 8 PLs ...... Extant; 1981 CNDDB Extant (SERG 2008) A: Nonnative; E: Cli- Low Military Value. mate. Waymuck Canyon ...... EO 22; 1 PL ...... Unknown ...... Extant (Junak 2004) A: Nonnative; E: Cli- High Military Value. mate. Plain northeast of No EO; 4 PLs ...... Unknown ...... Extant (Tierra Data A: Land Use, Erosion, Medium Military Warren Canyon. 2007). Nonnative; E: Value. Movement, Climate. Seal Cove Terraces ... EO 43; 2 PLs ...... Unknown ...... Extant (CNDDB 1985, A: Erosion, Non- High Military Value. SERG 2010). native, Fire; E: Movement, Fire, Climate. Eel Cove Canyon (in- No EO; 3 PLs ...... Unknown ...... Extant (Junak 2004) A: Nonnative, Fire; E: High Military Value. cluding terraces). Movement, Fire, Climate. Terrace Canyon (south No EO; 6 PLs ...... Unknown ...... Presumed Extant A: Erosion, Non- High Military Value. to terraces around (SERG 2004). native; E: Move- Spray). ment, Climate. West Cove ...... No EO; 3 PLs ...... Unknown ...... Extant (Tierra Data A: Land Use, Erosion, Medium Military 2006). Nonnative; E: Value. Movement, Climate. 1 EO: element occurrence, as defined and described according to the California Natural Diversity Database. PL: point locations of plants. 2 Threats identified in the listing rule for these three taxa include: Factor A: habitat modification by feral animals; Factor C: grazing by animals; Factor E: nonnative plants. 3 Current threats: Nonnative = Nonnative Plants; Movement = Movement of Vehicles and Troops; Climate = Climate Change; Genetic = Ge- netic Diversity. 4 Military value as defined in the Navy’s 2002 Integrated Natural Resources Management Plan (INRMP). Values defined according to the management emphasis, with high-value areas designated for maximum military use and low-value areas retaining the greatest flexibility for maintaining natural resource values.

Species Distribution—Malacothamnus Upper China Canyon; 42 FR at 40683; Middle Ranch Canyon in the north to clementinus USFWS 1984, p. 48). These two Horse Beach Canyon in the south. A occurrences, along with the occurrence large, genetically diverse occurrence is For many decades prior to its listing, at Lemon Tank, were known at the time found within Horse Beach Canyon Malacothamnus clementinus was only of listing. Since listing, eight new (Helenurm 1999, pp. 39–40). Ten of the known from the type locality (the area occurrences of M. clementinus have 11 known occurrences are located where the species is first identified and been discovered among the generally throughout the southwestern region of described) at Lemon Tank Canyon, on southwesterly facing coastal terraces the island; in addition, the Lemon Tank the eastern side of the middle of the and their associated escarpments in the Canyon occurrence is located in the island (Kearney 1951, p. 128; USFWS southern and middle regions of San northeastern region of the island (Figure 1984, p. 48). Dumping of scrap metal Clemente Island (Junak and Wilken actually protected this occurrence from 1). Six of the occurrences are within 1998, pp. 1–416, GIS data; Junak 2006, SHOBA, and five are to the north the ongoing threat of feral goat pp. 1–176, GIS data; Tierra Data Inc. outside of SHOBA. The main southern herbivory by preventing the goats from 2008, pp. 1–24, appendices and GIS distribution of M. clementinus is destroying the plants (USFWS 1984, p. data; SERG 2009–2011, GIS data; Figure 48). The historical range and 1). Many of these new occurrences have disconnected from the historical type distribution of M. clementinus on San appeared since feral goats and pigs were locality (the area where the species is Clemente Island is unknown because removed from the island in the early first identified and described) of the surveys were not carried out before the 1990s. This suggests the possibility that species, which is the Lemon Tank plant’s decline. In the Recovery Plan, the plants reemerged from underground Canyon occurrence. Lemon Tank lies we noted that a public citizen stems that survived grazing by feral about 3.6 mi (5.8 km) to the northeast commented in the Listing Rule on the herbivores (Junak 2006a, pers. comm.). of the nearest occurrence (Waymuck discovery of two to three small plants Malacothamnus clementinus Canyon). The Lemon Tank Canyon on the edge of an inaccessible ledge in occurrences are scattered below canyon occurrence has not been resurveyed China Canyon (now described as two rims, at the base of terrace escarpments, since 1996, and its current status is occurrences—Lower China Canyon and and in flat areas from approximately uncertain and presumed extant (CNDDB

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29087

2011a, p. 2). Beyond the 11 known Clemente Island since its listing, with unable to evaluate the status of occurrences, there is an additional the distance between the northernmost occurrences in Horse Beach Canyon, record of M. clementinus in the northern and southernmost occurrence spanning Lower China Canyon, and part of Upper plateau area of the island, near Ridge about 9.5 mi (15.3 km). Occurrences China Canyon for this review. While the Road, but this has not been confirmed within Impact Areas I and II in the remaining eight occurrences fall outside despite targeted searches for the plant southwestern portion of the island of these Impact Areas, one of the largest (SERG 2006, GIS data; Howe 2011a, (within SHOBA) have not been and most genetically diverse of the 11 pers. comm.). We are not considering surveyed since 2006, largely due to area known occurrences, Horse Beach this record as a known occurrence at closures implemented through the Canyon, is within the restricted area. this time due to the possibility of error. recent MOFMP (Navy 2008a, pp. 2–38 BILLING CODE 4310–55–P The known range of M. clementinus to 2–44; Munson 2011a, pers. comm.). has expanded to the south on San Because of these closures, we were

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29088 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Aerial stems of Malacothamnus stems. Consequently, the size of an and measuring the approximate area clementinus can sprout from spreading occurrence has been variously measured covered by plant groupings. These underground stems (rhizomes). This by counting the number of stem inconsistent survey methods make it makes it difficult to distinguish groupings or ‘‘clumps,’’ counting the difficult to document occurrence trends individual plants among groups of total number of stems within a clump, beyond the appearance of new

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 EP16MY12.002 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29089

occurrences. There is no detailed responding favorably to the elimination (31 km) (Junak and Wilken 1998, p. 261; information about the abundance of grazing pressure from feral herbivores Junak 2006, Map A–C) (Figure 2). The (number or density of plants) of M. on San Clemente Island. It is unknown majority of occurrences tend to be clementinus at the time of its listing in to what extent this increase is clustered on north-facing slopes on the 1977 (42 FR 40683). Occurrences attributable to more intensive survey eastern side of the island (Table 1). The documented in 1996 to 1997 ranged in efforts, detection of previously distribution of A. d. var. traskiae spans size from 1 to 50 clumps (Junak and undetected individuals, recruitment the boundary of SHOBA at the southern Wilken 1998, p. 301). The Navy recently from the seed bank, resprouting from end of the island: 8 occurrences fall estimated 1,516 individuals of M. rhizomes, recolonization associated within SHOBA and 21 are outside clementinus recorded since 2006 with dispersal events, or management (Junak and Wilken 1998, pp. 1–416, GIS (Munson 2011d, pers. comm.). However, efforts. data; Junak 2006, pp. 1–176, GIS data; given the challenge in distinguishing Species Distribution—Acmispon Tierra Data Inc. 2008, pp. 1–24, individuals in a group of plants, and dendroideus var. traskiae appendices and GIS data; SERG 2009– variability in methods of estimating the Since the 1970s, the distribution of 2011, GIS data). Approximately 13 of 29 number of individuals, it is difficult to Acmispon dendroideus var. traskiae has (45 percent) of the occurrences (Wilson accurately quantify the abundance of M. been documented on north-facing slopes Cove, Canchalagua Canyon, Middle clementinus on San Clemente Island over most of the eastern and western Island Plateau, North Mosquito Cove, and, as such, numbers should be sides of the island (USFWS 1984, p. 59; Eagle Canyon, Larkspur Canyon, interpreted cautiously. Junak and Wilken 1998, p. 256; Navy Chamish Canyon, Lemon Tank Canyon, Despite difficulties in determining 2002, p. D–9; Junak 2006, p. 125). Seal Cove Terraces, Eel Cove Canyon, species abundance, extensive surveys Twenty-nine occurrences of this taxon Middle Wallrock Canyon, Warren for Malacothamnus clementinus have have been identified, which span the Canyon, and North Island Terraces) are detected 8 new occurrences since entire length of the island from Wilson partially or wholly within the listing, for a total of 11 occurrences. Cove to the southern tip east of Pyramid boundaries of a training area (IOA, TAR, This suggests that the species is Cove, a distance of approximately 19 mi or SWAT).

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29090 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Acmispon dendroideus var. traskiae time of its listing in 1977. In the 1984 information regarding species location tends to occur in small groups of 10 to Recovery Plan (USFWS, p. 59), six or numbers of individuals at those six 50 individuals (Allan 1999, p. 84). occurrences of A. d. var. traskiae were sites was provided in the Recovery Plan, There is no information about the recognized, all generally associated with except the statement that ‘‘the largest abundance of A. d. var. traskiae at the rocky areas. However, no other specific number of plants grow in the vicinity of

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 EP16MY12.003 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29091

Wilson Cove’’ (USFWS 1984, p. 59). A recent estimate from the Navy 1226; Junak 2006, p. 47; USFWS 2007c, Additionally, there are only a few reported 3,525 individuals of Acmispon p. 14). Plants have been recorded across herbarium specimens of the taxon, dendroideus var. traskiae recorded since the southern two-thirds of the island, making historical distribution and 2006 (Munson 2011d, pers. comm.). and a single disjunct occurrence was condition of the species difficult to Even though there is uncertainty in the documented at the northern end in West assess. For purposes of comparison to number of individuals, the number of Cove (Junak and Wilken 1998, pp. 1– the current status, we will use the occurrences has increased from 6 to 29. 416, GIS data; Junak 2006, pp. 1–176, number of occurrences cited in the Thus, extensive survey findings suggest GIS data; Tierra Data Inc. 2008, pp. 1– recovery plan as the most conservative that A. d. var. traskiae has increased 24, appendices and GIS data; SERG estimate of species’ distribution around throughout most of its historical range, 2009–2011, GIS data) (Figure 3). The the time of its listing (Table 1). Thus, and there are more occurrences now distribution of any parasitic or the historical range (based on herbarium than there were at the time of listing. It hemiparasitic plant is limited by the records, CNDDB records, and the is unknown to what extent this increase distribution of its host or hosts. recovery plan) includes occurrences in is attributable to more intensive survey However, host availability does not the northern part of the island (Wilson efforts, detection of previously Cove) down to the southern point undetected individuals, recruitment appear to be limiting the abundance of (Pyramid Head). from the seed bank, recolonization this species. CNDDB currently lists 14 element associated with dispersal events, or The linear distance between the occurrences of Acmispon dendroideus management efforts. The increase in northernmost and southernmost var. traskiae (as Lotus dendroideus number of occurrences could indicate occurrences is 19.7 mi (32 km), with subsp. traskiae) (CNDDB 2011b) that are an increase in the distribution of A. d. plants primarily distributed across the presumed extant. These occurrences are var. traskiae on San Clemente Island. southern 15.5 mi (25 km) of the island. located on both the western and eastern Species Distribution—Castilleja grisea Occurrences on the southern end of the sides of the island and are distributed island on both the western and eastern across almost the entire length of the Castilleja grisea was described as sides are reported in the CNDDB island. Recently, survey efforts have relatively common on San Clemente (CNDDB 2011c). We combined CNDDB Island in the 1930s, and subsequently concentrated on discovering new plant element occurrences with adjacent point declined as a result of unchecked occurrences, rather than tracking the localities from island surveys to identify grazing by introduced feral herbivores status of historical occurrences (Junak Castilleja grisea occurrences (Table 1). 2006a, pers. comm.). New observations (Helenurm et al. 2005, p. 1222). The The known distribution for C. grisea were mainly concentrated on north- historical range and distribution of C. documented since 1992 reflects a more facing slopes in the middle of the grisea on San Clemente Island is continuous and slightly expanded island, both on the eastern and western unknown because botanical studies sides. Analysis of these newer point were not completed before the plant’s distribution since the time of listing localities revealed proximity to decline. Herbarium records documented (Tierra Data Inc. 2008, p. B–3). Survey individuals detected during the 1996 the species on the south and east sides efforts have concentrated on discovering and 1997 surveys. These element of the island before the time of listing new occurrences rather than tracking occurrences and point localities (California Consortium of Herbaria the status of historical occurrences combined total 29 separate A. d. var. 2011, records for C. grisea). By 1963, C. (Junak, 2006a, pers. comm.). Using traskiae occurrences (Table 1). grisea was reported as rare or occasional available GIS and distribution data, we Abundance is difficult to determine (Raven 1963, p. 337). Since the have determined there are 29 for this species because range-wide complete removal of goats and pigs from occurrences of C. grisea currently on the surveys were not conducted each year. San Clemente Island in 1992, C. grisea island; only 19 of these were known at Instead, monitoring took place over has been detected across much of the listing. multiple years with varying conditions. island (Helenurm et al. 2005, pp. 1221, BILLING CODE 4310–55–P

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29092 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

BILLING CODE 4310–55–C SHOBA at the southern end of the 2006, GIS data; Tierra Data Inc. 2008, (Table 1). The extant occurrences at island; 15 occurrences fall within and GIS data; SERG 2009–2011, GIS data; listing are derived from herbarium 14 outside of SHOBA. CNDDB 2011c). Most new observations records, CNDDB records, and A number of surveys have found new were concentrated in steep canyons on information in the Recovery Plan. occurrences throughout the island the western side of the island, although Distribution of C. grisea extends into (Junak and Wilken 1998, GIS data; Junak a few were discovered near previously

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 EP16MY12.004 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29093

recorded individuals in the eastern ranching on the island (Navy 2002, Some studies have shown that the canyons. Recent counts, based on the p. 3–31). related mainland species, Lotus Navy’s data, estimate 11,733 individuals scoparius (deerweed), is fire tolerant Fire of Castilleja grisea since 2006 (Munson and becomes more abundant in years 2011d, pers. comm.). Extensive survey Past and current fire regimes (pattern, after fire (Nilsen and Schlesinger 1981, efforts since 1992 suggest C. grisea has frequency, and intensity of fire in an p. 217; Westman and O’Leary 1986, pp. filled in its known historical range on area) have influenced the distribution of 184–185). Other studies indicate that the island, and there are more native and nonnative plants on San intense or frequent burns (three times in individuals now than at listing. Even Clemente Island (Navy 2002, p. 3–28). 6 years) of L. scoparius lead to though there is uncertainty in the Although the natural fire regime of the establishment of fewer seedlings number of individuals, the number of island is unknown, there have only been (Westman and O’Leary 1986, p. 185; occurrences of species has increased three documented lightning ignitions of Haidinger and Keeley 1993, p. 141). In from 19 to 29. It remains unknown how wildfires on the Channel Islands in 140 San Clemente Island species, much of this apparent increase in range years (Carroll et al. 1993, p. 83). Natural observations show that Acmispon density can be attributed to more fire ignition was probably rare, as argophyllus var. adsurgens (San intensive survey efforts, detection of lightning-caused fires tend to be less Clemente Island bird’s-foot trefoil) previously undetected individuals, frequent with proximity to the coastline, germination is slowed or depressed after recruitment from the seed bank, due to higher fuel moisture levels and fire, but A. argophyllus var. argenteus recolonization associated with dispersal a cooler climate (Keeley 1982, pp. 436– (silver bird’s-foot trefoil) flourishes in events, or management efforts. However, 437; Keeley 2002, p. 305). While the burn areas (Allan 1999, pp. 90–91). the increase in the number of island was used for ranching, fires were Observations of A. d. var. traskiae before occurrences suggests an expansion of set intermittently to increase the forb and several years following a fire in the species across the island. and grass cover (Navy 2002, p. 3–29). Canchalagua Canyon found that adult After purchase by the Navy in 1934, fire plants were usually killed by fire, but Habitat ignited by military training activities were replaced with a similar number of General Habitat Conditions became a more common occurrence seedlings after the fire (Navy 2002, p. D– throughout much of the island. 10; Tierra Data Inc. 2005, p. 80). Based Current habitat conditions for It was assumed in previous on A. d. var. traskiae’s growth Malacothamnus clementinus, Acmispon descriptions that Malacothamnus characteristics and occurrence increases dendroideus var. traskiae, and Castilleja clementinus is adapted to, and tolerant in areas affected by fire, and the fire grisea on San Clemente Island are the of, the periodic fires that probably adaptations of related species, A. d. var. result of present and historical land use occurred in a prehistorical, lightning- traskiae may be resilient to at least practices. San Clemente Island has been ignition fire regime, although there is no occasional fire. Frequent fires could inhabited by humans for thousands of direct research to support this exceed its tolerance of fire intensity and years (Schoenherr et al. 1999, p. 317). assumption (USFWS 1984. p. 48; Navy frequency, and exhaust the seed bank in There is evidence that the Gabrielino 2002, D–20; USFWS 2007a, p. 3). Other repeatedly burned areas. Until studies people used the island for harvesting species in the same genus are fire can be conducted specifically on A. d. marine organisms before European tolerant and able to adapt, such as var. traskiae, it is prudent to avoid the settlers arrived. The first lease for sheep Malacothamnus fremontii (Fremont’s conclusion that the species benefits ranching was granted in 1848 bushmallow), a primary successional from, or germinates with, fire. (Schoenherr et al. 1999, p. 317). From species that can form the major shrub The fire tolerance of Castilleja grisea 1850 until 1934, San Clemente Island cover after a fire (Rundel 1982, p. 86). is unknown at this time. We do not was used for sheep and cattle ranching, The seeds of M. fremontii are stimulated know of any studies conducted on the goat grazing, and pig farming (Navy by heat shock treatments, suggesting fire tolerance of this species, and there 2002, pp. 3–4). Some accounts even that it is adapted to germinate after fires is very little information from related report goats present on the island as (Keeley et al. 2005, p. 175). Another species to infer fire tolerance for the early as 1827 (Dunkle 1950, p. 261). related species, M. fasciculatus genus Castilleja. A related rare species, These nonnative herbivores greatly (Mendocino bushmallow), germinates C. levisecta (golden Indian paintbrush), changed the vegetative landscape of San after being stimulated by heat and is tolerates fire and performs better in Clemente Island, and were cited in the known to flourish after fires (Swensen et areas that have burned in the past final listing rule (42 FR 40682; August al. 1995, pp. 412–413; Beyers and (Dunwiddie 2002, p. 1; Dunwiddie 11, 1977) for M. clementinus, A. d. var. Wakeman 1997, p. 2). Malacothamnus 2009, p. 5). Castilleja grisea has traskiae, and C. grisea as the main cause clementinus has underground stems, survived and expanded its distribution of these species’ decline. Sheep were and can resprout after disturbance to in areas that have burned. It is generally removed from the island in the 1930s, reproduce vegetatively. The fire assumed that the species has some but feral goats and pigs were not tolerance of the genus and its ability to tolerance of infrequent fire (Navy 2002, completely eradicated until 1992. Since resprout suggest that M. clementinus D–32) based on C. grisea occurrence the removal of goats and pigs, the may be adapted to fire. Although no increases in areas affected by fire, and vegetation on San Clemente Island has direct research has been done on the the fire adaptations of other plants in rebounded, and the condition of many effects of fire on M. clementinus, its the genus. However, until species- rare plants has improved (Junak 2006a, continued presence in areas that have specific research is conducted, we pers. comm.). As a persistent historical burned (such as SHOBA) indicates that cannot conclude with certainty that C. impact to the landscape, overgrazing it is tolerant of at least occasional fire grisea is adapted to fire. Additionally, also led to the creation of bare trails, (intervals of at least 5 years) (Navy research is needed on the fire tolerance denuded areas, and severe erosion. 2008b, pp. 3.11–24, 3.11–81). However, of potential host plants and their Grazing animals also facilitated the frequent fires could exceed its tolerance impacts on establishment of C. grisea. introduction and spread of nonnative of fire intensity and frequency. Although the three species share the plants. Specifically, nonnative grasses The fire tolerance of Acmispon same island habitat, they inhabit were spread through grazing and dendroideus var. traskiae is unknown. different niches. The habitat

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29094 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

characteristics of each species are moisture is available to the plant (Junak but not limited to: Artemisia californica, discussed below. and Wilken 1998, p. 256; Navy 2002, p. Calystegia macrostegia subsp. D–9). Some plants have been found in amplissima, Encelia californica, Habitat—Malacothamnus clementinus close proximity to buildings, roads, and Constancia nevinii (Nevin’s woolly Malacothamnus clementinus occurs pipelines, indicating that A. d. var. sunflower), Hemizonia clementina, in a variety of habitats on San Clemente traskiae is capable of colonizing Isocoma menziesii (Menzies’ Island. Historically, it was observed on disturbed areas (Allan 1999, p. 84; Navy goldenbush), Lycium californicum rocky canyon walls and ridges, 2002, p. D–9). A. d. var. traskiae is (California boxthorn), and Opuntia spp. presumably because foraging goats did associated with two habitat types on the (Junak and Wilken 1998, p. 82). not graze those areas. More recently, M. island: Canyon woodland supported on clementinus has been found at the base approximately 696 ac (282 ha) and Biology and Genetics of escarpments between coastal terraces maritime desert scrub along the Biology—Malacothamnus clementinus on the western side of the island within northeastern escarpment supported on maritime cactus scrub (Navy 2002, pp. Malacothamnus clementinus is an approximately 6,228 ac (2,520 ha) (Navy herbaceous clonal plant (descended D–19, D–20). It can also occur on low 2002, pp. 3–57, 3–58). According to canyon benches and in rocky asexually from a single individual) that Junak and Wilken (1998, p. 256), A. d. may spread locally by underground grasslands. Malacothamnus clementinus var. traskiae is associated with is found at approximately 30 to 900 ft rhizomes that produce aerial stems. On numerous plant species including, but average there are 90 flowers per (10 to 275 m) elevation (CNPS 2001, p. not limited to: Artemisia californica, inflorescence (a flower cluster) (Junak 215). Moisture that collects in rock Avena fatua, Bromus spp., Calystegia and Wilken 1998, p. 291). The species crevices and at the base of canyon walls macrostegia subsp. amplissima, flowers in the spring, typically from and escarpments may provide favorable Dichelostemma capitatum (wild March to August (Kearney 1951, p. 115; conditions for this species (Junak 2006a, hyacinth), Gnaphalium bicolor Navy 2002, D–19; California Native pers. comm.). Based on its habitat range (bicolored everlasting), Hemizonia Plant Society 2011). Junak and Wilken on the island and the ease of cultivating clementina (island tarplant), Opuntia (1998, p. 291) found that M. clementinus the plant, M. clementinus appears to spp. (prickly pear), Nassella pulchra is self-compatible (capable of self- tolerate a broad range of soil types (purple stipa), and Quercus tomentella fertilization), but not self-pollinating. (USFWS 1984, p. 50). It is often (island live oak). associated with maritime cactus scrub The plant produced seed when hand vegetation on coastal flats at the Habitat—Castilleja grisea pollinated with pollen from the same southwestern end of the island (Junak Castilleja grisea is often associated plant, but not when flowers were bagged and Wilken 1998, p. 256). In the INRMP, with coastal sage scrub found on to prevent pollinator visitations (Junak M. clementinus is listed as associated approximately 369 ac (149 ha) of the and Wilken 1998, p. 291). It is generally with canyon woodlands (approximately island and maritime desert scrub plant thought that M. clementinus is 696 ac (282 ha)), maritime desert scrub- communities found on approximately pollinated by insects, although no prickly pear vegetation community 5,858 ac (2,371 ha), with scattered specific pollinator for this species is (approximately 8,921 ac (3,610 ha)), and concentrations of plants in canyon known. Other species in the family maritime sage scrub (approximately 369 woodland (approximately 696 ac (282 Malvaceae are pollinated by specialist ac (149 ha)) (Navy 2002, pp. 3–57, 3–63, ha)) and grassland habitat bees in the genus Diadasia (Sipes and 3–66). According to Junak and Wilken (approximately 8,921 ac (3,610 ha)) Tepedino 2005, p. 487). Given the (1998, p. 290), it is associated with (Navy 2002, pp. 3–58, 3–63, 3–66). evidence that suggests pollinators may numerous plant species, including: Plants are located in steep, rocky be necessary for successful seed Artemisia californica (California sage canyons on both the eastern escarpment production, a decline in M. clementinus brush), Avena fatua (wild oat), Bromus and western side of the island, although may in part be due to a decline in spp. (brome grass), Calystegia some have been observed on coastal pollinators or an absence of pollinator macrostegia subsp. amplissima (island bluffs, slopes, and terraces around the visitations (Junak and Wilken 1998, p. morning glory), Encelia californica island’s perimeter. Some of the largest 291). (California brittlebush), Nassella cernua concentrations of plants are located in Each fertilized flower produces three (nodding needlegrass), Nassella lepida bowl-shaped swales on coastal terraces to four seeds on average (Junak and (foothill stipa), Opuntia littoralis (Junak and Wilken 1998, p. 82). Wilken 1998, p. 291). Seed production (western prickly pear), Opuntia oricola Castilleja grisea grows between 32 and in natural occurrences of (chaparral prickly pear), Opuntia 2,000 ft (10 and 365 m) in elevation. Malacothamnus clementinus is very low prolifera (cholla), and Rhus intergrifolia This hemiparasitic plant is known to (Helenurm 1997, p. 51; Helenurm 1999, (lemonade sumac). parasitize many different plants, p. 39; Junak 2006a, pers. comm.), as is although a definitive understanding of germination, with low germination rates Habitat—Acmispon dendroideus var. host-plant associations is currently of only 4 to 35 percent (Evans and Bohn traskiae unknown. Potential host plants include 1987, p. 538; Junak and Wilken 1998, p. Acmispon dendroideus var. traskiae Calystegia macrostegia subsp. 291). Junak and Wilken (1998, p. 291) occurs on north-facing slopes, canyon amplissima (island morning glory), hypothesized that the relatively low bottoms, or ridgelines (Junak 2006, p. Opuntia littoralis (prickly pear), and number of seeds produced in situ could 125). Plants grow somewhat colonially Constancia nevinii (Nevin’s be due to low pollinator visitation rates around rock outcrops and boulders in eriophyllum). These may be important or some other unknown factor. Seed grassy areas, and along the interface habitat components for C. grisea. Junak germination may be stimulated by heat between grassland and maritime sage and Wilken (1998, p. 82) suggest that associated with fire in other Malvaceae scrub (Allan 1999, p. 84; Navy 2002, p. habitat conditions must be of sufficient species, although this has not been D–9). Acmispon dendroideus var. quality to sustain potential host plants studied in M. clementinus (Keeley et al. traskiae occurs between 25 and 1,400 ft and provide opportunities for C. grisea 2005, p. 175). Junak and Wilken (1998, (7.6 to 463 m) in elevation on well- establishment. Numerous plant species p. 291) tried scarifying seeds (softening drained soils where adequate soil are associated with C. grisea including, the outer coat of a seed through

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29095

mechanical or chemical means) to plant (Helenurm 1997, p. 50; Helenurm He postulated that the low genetic promote germination, but this did not 1999, p. 40). variability within a given occurrence significantly increase germination rates. may be due to endemism (native to or Biology—Acmispon dendroideus var. Based on these limited studies of seed confined to a certain region), partial traskiae production and germination in M. inbreeding, isolation, and stochastic clementinus, it is difficult to determine Acmispon dendroideus var. traskiae events in small occurrences (Allan 1999, the cause of its low reproductive output. flowers between February and August, pp. 63–64). In addition to sexual reproduction, with halictid bees (a family of small Acmispon dendroideus var. traskiae Malacothamnus clementinus can solitary bees that typically nest in the has been known to hybridize with A. reproduce vegetatively, or clonally, by ground), bumblebees, and small beetles argophyllus var. argenteus in disturbed sprouting from rhizomes (Evans and observed foraging on the flowers (Junak areas in Wilson Cove (Liston et al. 1990, Bohn 1987, p. 538). Because M. and Wilken 1998, p. 257; Allan 1999, pp. 239–240; Allan 1999, p. 86). Based clementinus typically occurs in clusters pp. 64, 85). The taxon is self-compatible on intermediate characteristics, the of stems, it is difficult to differentiate (Allan 1999, pp. 85–86), but plants may hybrid plants appear to be first also rely on insects for more effective between individuals, as rhizome sprouts generation plants (F generation) from a pollination (Arroyo 1981, pp. 728–729). 1 can also look like seedlings. Therefore, cross between the two varieties. It is not Fertilized ovaries develop into a it can be a challenge to determine in the known whether these plants are capable slender, beak-like fruit 1 to 2 in (2.5 to field if a small plant is a seedling or a of producing viable seeds by 5 cm) long containing up to six seeds sprout without digging up the root backcrossing between the hybrids or (Isely 1993, p. 619; Junak and Wilken system (Junak 2006b, pers. comm.). The with the putative parent plants (Allan 1998, p. 257; Allan 1999, p. 82). The life history of M. clementinus suggests 1999, p. 86). Plants of intermediate fruits do not split open to release their that many of the newly detected morphology were first observed by R.M. occurrences have sprouted from seeds at maturity (Isely 1993, p. 619), so it is likely that they disperse close to the Beauchamp in 1986 (Liston et al. 1990, underground rhizomes (Junak 2006a, p. 239). In April 1989, Liston et al. pers. comm.). parent plants, which may limit the ability of A. d. var. traskiae to colonize (1990, pp. 239–240) noted a small Genetics—Malacothamnus clementinus unoccupied suitable habitat. Junak and number of suspected hybrids in the Genetic studies have provided Wilken (1998, p. 257) found that, on same area as the largest known insights into the clonal nature of average, a single A. d. var. traskiae occurrence of A. d. var. traskiae in Malacothamnus clementinus. Overall, individual can produce approximately Wilson Cove. A smaller group of genetic diversity found in the M. 36 to 64 flowering shoots, 118 to 144 nonhybrid A. argophyllus var. argenteus clementinus occurrences is very low flowers per shoot, and 4 to 6 seeds per was found approximately 80 ft (24.4 m) compared with other island endemic fruit. This suggests that, under ideal upwind; the two taxa were separated by plant taxa (Helenurm 1999, p. 40). conditions, an individual A. d. var. a road. No documented evidence of However, individuals in a patch do not traskiae can produce a high volume of hybridization has been recorded represent the same genetic individual, seeds (16,000 or more). Like most anywhere else on the island (Allan and there is genetic diversity within legumes, A. d. var. traskiae seeds 1999, p. 86), although there are patches of M. clementinus (Helenurm require scarification or gradual seed coat unconfirmed reports in other areas (e.g., 1999, p. 39). A substantial proportion of degradation to germinate (Wall 2011, Warren Canyon; A. Braswell 2011, pers. the genetic diversity in M. clementinus pers. comm.). obs.). is found among different occurrences Biology—Castilleja grisea rather than within a single occurrence. Genetics—Acmispon dendroideus var. This research indicates that each traskiae All taxa of Castilleja are considered occurrence may contain unique genetic Allan (1999, pp. 1–105) analyzed 10 hemiparasitic. Plants are capable of variation not found elsewhere, and that California mainland and Channel Island photosynthesis and can exist without a there is not much cross pollination or taxa of Lotus (all of which are now in host, but are able to derive water, gene flow between occurrences or even the genus Acmispon and referred to as nutrients, or photosynthates from a host patches in the same area (Helenurm such here), including Acmispon plant if present (Heckard 1962, p. 25). 1999, pp. 39–40); this underscores the dendroideus var. traskiae. Of the 29 Castilleja roots have haustorial high conservation value of each of the occurrences of A. d. var. traskiae on San attachments (specialized absorbing different occurrences to the long-term Clemente Island, Allan (1999, pp. 50– structures) that penetrate the host survival and recovery of the species. 53) sampled only the Wilson Cove plant’s root tissue, forming an organic Malacothamnus clementinus may occurrence. The Acmispon island bridge with the host (Heckard 1962, p. have low genetic fitness due to small populations, including A. d. var. 27). In field settings, species of occurrence numbers, low seed traskiae, tended to have lower genetic Castilleja tend to establish haustorial production, and low genetic diversity. variability than mainland populations connections with one or more hosts Helenurm (1999, p. 40) found that most (Allan 1999, p. 63). There are several (Heckard 1962, p. 27; Atsatt and Strong of the species’ genetic variation is possible explanations for this lower 1970, p. 280). In greenhouse studies, within the Box Canyon and Horse Beach genetic variation, including small seedlings of C. grisea grown in the Canyon occurrences, although other occurrence size, genetic bottlenecks absence of host plants did not perform occurrences may contain unique genetic associated with the establishment of well and died shortly after germination, material not found elsewhere (Helenurm new island occurrences, stochastic suggesting that host plants are important 1999, p. 40). Occurrences of M. events (a random incident such as local for this species (Junak and Wilken 1998, clementinus could be vulnerable to extinctions), and genetic isolation p. 84). Greenhouse studies have also inbreeding depression (loss of vigor and (Allan 1999, p. 63). Allan’s (1999, p. 61) shown that overall performance and general health) and reduced seed analysis of genetic diversity also found fecundity of parasitic plants are usually production due to apparently limited that the majority (67 percent) of A. d. higher with a host than without one outcrossing (reproduction between var. traskiae’s variability is found (Heckard 1962, p. 29; Atsatt and Strong individuals of different strains) of the among, rather than within, occurrences. 1970, p. 280).

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29096 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Castilleja grisea appears to be capable germination (Junak and Wilken 1998, anticipate an analysis of the five threat of forming haustorial connections with pp. 83–84). factors under section 4(a)(1) would a range of plant species (Heckard 1962, result in a determination that a species Genetics—Castilleja grisea p. 28; Atsatt and Strong 1970, p. 280; is no longer endangered or threatened. Marvier 1996, p. 1399; Adler 2002, p. Genetic variation within Castilleja Section 4(b) of the Act requires that the 2704; Adler 2003, p. 2086). Nassella grisea is moderately high for an insular determination be made ‘‘solely on the pulchra, Calystegia macrostegia subsp. endemic plant, particularly given its basis of the best scientific and amplissima, and Constancia nevinii are history of extreme rarity (Helenurm et commercial data available.’’ considered potential hosts (Muller 2009, al. 2005, p. 1225). This suggests C. Thus, while recovery plans are pers. comm.). Twelve co-occurring plant grisea may have retained substantial intended to provide guidance to the taxa have been found consistently in C. genetic variation through the period of Service, States, and other partners on grisea occurrences (Muller and Junak overgrazing. Consistent with an methods of minimizing threats to listed 2011, p. 5). However, further study is outcrossing breeding system, most of the species and on criteria that may be used needed to determine which of these genetic variation in C. grisea is within, to determine when recovery is achieved, plants serve as hosts to C. grisea, and at rather than among, occurrences they are not regulatory documents and what frequency. Castilleja grisea may (Helenurm et al. 2005, p. 1225). cannot substitute for the determinations rely on more than one host species for Historically, there were likely high rates and promulgation of regulations growth and reproduction. Therefore, of gene flow between occurrences. The required under section 4(a)(1) of the recovery may depend on the transmittal of genes between Act. Determinations to remove a species conservation of a community of host occurrences in the past influenced the from the list made under section 4(a)(1) species (Marvier and Smith 1997, p. genetic similarity found between of the Act must be based on the best 846). occurrences by Helenurm et al. (2005, p. scientific and commercial data available Castilleja grisea flowers between 1226). While all occurrences are at the time of the determination, February and May, producing yellow important for maintaining levels of gene regardless of whether that information bisexual flowers (Chuang and Heckard flow, the loss of any single occurrence differs from the recovery plan. In the course of implementing 1993, pp. 1016–1024; Navy 2002, p. D– is unlikely to represent a significant loss conservation actions for a species, new 31). Castilleja grisea is likely self- of genetic diversity to the species information is often gained that requires incompatible (unable to produce viable (Helenurm et al. 2005, p. 1226). Overall, recovery efforts to be modified seed through self-fertilization), as this species likely does not have low accordingly. There are many paths to observed in other species of the genus fitness due to limiting genetic factors (Helenurm et al. 2005, p. 1226). accomplishing recovery of a species, (Carpenter 1983, p. 218; Junak and and recovery may be achieved without Wilken 1998, p. 84). Among four Recovery all criteria being fully met. For example, populations of C. grisea examined, Section 4(f) of the Act directs us to one or more recovery criteria may have Junak and Wilken (1998, pp. 83–84) develop and implement recovery plans been exceeded while other criteria may found limited flower-to-fruit conversion for the conservation and survival of not have been accomplished, yet the (67 to 71 percent of flowers produced endangered and threatened species Service may judge that, overall, the fruits) and large variation in the number unless we determine that such a plan threats have been minimized of seeds set per fruit. Castilleja grisea will not promote the conservation of the sufficiently, and the species is robust appears to produce seed primarily species. The Act directs that, to the enough, that the Service may reclassify through outcrossing, and relies on maximum extent practicable, we the species from endangered to pollinators for sexual reproduction incorporate into each plan: threatened or perhaps delist the species. (Junak and Wilken 1998, p. 84; (1) Site-specific management actions In other cases, recovery opportunities Helenurm et al. 2005, p. 1225). that may be necessary to achieve the may have been recognized that were not Castilleja grisea is most closely plan’s goals for conservation and known at the time the recovery plan was related to, and shares floral traits with, survival of the species; finalized. These opportunities may be other species in the genus primarily (2) Objective, measurable criteria, used instead of methods identified in adapted for bee pollination (Chuang and which when met would result in a the recovery plan. Heckard 1991, p. 658). A single bee from determination, in accordance with the Likewise, information on the species the family Andrenidae, covered in provisions of section 4 of the Act, that may be learned that was not known at pollen, was recently collected from a the species be removed from the list; the time the recovery plan was flowering C. grisea plant in Canchalagua and finalized. The new information may Canyon on San Clemente Island (Howe (3) Estimates of the time required and change the extent that criteria need to be 2009a, pers. comm.). The fruit of C. cost to carry out the plan. met for recognizing recovery of the grisea is an ovoid capsule, less than 0.5 However, revisions to the list (adding, species. Overall, recovery of species is in (1.27 cm) long, and contains removing, or reclassifying a species) a dynamic process requiring adaptive approximately 150 seeds (Junak and must reflect determinations made in management, planning, implementing, Wilken 1998, pp. 82–83). The seed coats accordance with sections 4(a)(1) and and evaluating the degree of recovery of are deeply netted, which indicates they 4(b) of the Act. Section 4(a)(1) requires a species that may, or may not, fully can float and may be able to disperse via that the Secretary determine whether a follow the guidance provided in a water (Muller and Junak 2011, pp. 12, species is endangered or threatened (or recovery plan. 16). During attempts to propagate C. not) because of one or more of five Thus, while the recovery plan grisea plants from seed, no significant threat factors. Therefore, recovery provides important guidance on the differences were found between seed criteria must indicate when a species is direction and strategy for recovery, and viability (79.5 to 85 percent) and no longer endangered or threatened by indicates when a rulemaking process germination (68.3 to 76.7 percent), any of the five factors. In other words, may be initiated, the determination to suggesting that most viable seed are able objective, measurable criteria, or remove a species from the Federal List to germinate immediately without a recovery criteria contained in recovery of Endangered and Threatened Plants period of dormancy to induce plans, must indicate when we would (50 CFR 17.12) is ultimately based on an

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29097

analysis of whether a species is no Progress has been made toward not identified in the Recovery Plan, but longer endangered or threatened. The achieving these objectives. Our review six objectives were described in general following discussion provides a brief of the Recovery Plan focuses on the to achieve recovery of the Channel review of recovery planning for actions identified that promote the Island species. This section provides a Malacothamnus clementinus, Acmispon recovery of Malacothamnus summary of actions and activities that dendroideus var. traskiae, and Castilleja clementinus, Acmispon dendroideus have been implemented according to the grisea, as well as an analysis of the var. traskiae, and Castilleja grisea. The 1984 Recovery Plan (USFWS 1984, pp. recovery criteria and goals as they relate Recovery Plan adopts a generalized 106–107) and contribute to achievement to evaluating the status of the taxa. strategy of eliminating or controlling of these objectives. In 1984, the Service published the selected nonnative species and restoring Objective 1: Identify Present Adverse Recovery Plan for the Endangered and habitat conditions on the Channel Threatened Species of the California Impacts to Biological Resources and Islands to support viable, self-sustaining Strive To Eliminate Them Channel Islands (Recovery Plan) that occurrences of each of the addressed addresses 10 plants (including taxa. The Recovery Plan states that The Navy has taken steps to eliminate Malacothamnus clementinus, Acmispon ‘‘[o]nce the threats to these taxa have incidental impacts to the three species dendroideus var. traskiae, and Castilleja been removed or minimized and the by educating Navy personnel stationed grisea) and animals distributed among habitats are restored, adequately on San Clemente Island. To increase three of the Channel Islands (USFWS protected, and properly managed, support for recovery efforts, the Navy 1984). Recovery plans are intended to reclassification for some taxa may be has created the position of Island guide actions to recover listed species considered’’ (USFWS 1984, p. 108). Operations Manager. This individual’s and to provide measurable objectives Actions specified in the Recovery Plan role is to act as a liaison between the against which to measure progress that are pertinent to recovery of the Navy’s natural resource branch and towards recovery. Following guidance endangered San Clemente Island plant other island users (Larson 2009, pers. in effect at that time, the Recovery Plan taxa include: comm.). The Island Operations Manager was not focused on criteria that (1) Removing feral animals; educates users of the island to the specifically addressed the point at (2) Removing or controlling selected uniqueness and fragility of the island’s which threats identified for each species nonnative plants; ecosystem, and briefs new operational in the listing rule would be removed or (3) Controlling erosion; groups as they come onto the island sufficiently ameliorated. Given the (4) Revegetating eroded and disturbed (Larson 2009, pers. comm.). These threats in common to the 10 species areas; briefings inform operational groups of addressed, the Recovery Plan is broad in (5) Reintroducing and reestablishing the Navy’s natural resource management scope and focuses on restoration of listed plant species populations; responsibilities under the law, and may habitats and ecosystem function. Instead (6) Modifying existing management include additional information about of specific criteria, it included six plans to minimize habitat disturbance threats to, and locations of, listed taxa. general objectives covering all 10 of the and incorporate recovery actions into The Recovery Plan recommends that plant and animal species: natural resource management plans; existing laws and regulations be used to Objective 1: Identify present adverse (7) Protecting habitat by minimizing protect Malacothamnus clementinus, impacts to biological resources and habitat loss and disturbance and by Acmispon dendroideus var. traskiae, strive to eliminate them. preventing the introduction of and Castilleja grisea from threats on San Objective 2: Protect known resources additional nonnative organisms; Clemente Island. Based on the from further degradation by: (a) (8) Determining the habitat and other occurrence of these taxa on federally Removal of feral herbivores, carnivores, ecological requirements of the listed owned land, the primary laws with and selected exotic plant species; (b) plant taxa (such as reproductive biology potential to protect them include the control of erosion in sensitive locations; and fire tolerance); National Environmental Policy Act and (c) direct military operations and (9) Evaluating the success of (NEPA) and the Act. NEPA requires adverse recreational uses away from management actions; Federal action agencies to integrate biologically sensitive areas. (10) Increasing public support for environmental values into their decision Objective 3: Restore habitats by recovery efforts; and, making processes by considering the revegetation of disturbed areas using (11) Using existing laws and environmental impacts of their native species. regulations to protect each taxon. proposed actions and reasonable Objective 4: Identify areas of San alternatives to those actions. The Navy Recovery Plan Implementation Clemente Island where habitat has implemented NEPA since its restoration and population increase of The primary objective of the Recovery enactment in 1970. Likewise, the Navy certain addressed taxa may be achieved Plan is to restore endangered and has a history of consultation and through a careful survey of the island threatened species to nonlisted status. coordination with the Service under the and research on habitat requirements of Though specific size and number of Act regarding the effects of various San each taxon. occurrences needed for self-sustaining Clemente Island activities on federally Objective 5: Delist or upgrade the populations for each species was not listed species since taxa on the island listing status of those taxa that achieve identified, habitat restoration and were first listed in 1977. Finally, vigorous, self-sustaining population protection that would result in pursuant to the Sikes Act Improvement levels as the result of habitat achieving self-sustaining populations Act, the Navy adopted an INRMP for stabilization, restoration, and preventing (see Objective 5) were discussed. The San Clemente Island in 2002 that helps or minimizing adverse human-related Recovery Plan stated that guide the management and protection of impacts. reclassification of these taxa may be these taxa (Navy 2002, pp. 1.1–8.12). An Objective 6: Monitor effectiveness of considered after threats have been INRMP is a plan that is intended ‘‘* * * recovery effort by undertaking baseline removed or sufficiently minimized and to guide installation commanders in quantitative studies and subsequent the habitat is restored. Specific criteria managing their natural resources in a follow-up work (USFWS 1984, pp. 106– for determining when threats have been manner that is consistent with the 107). removed or sufficiently minimized were sustainability of those resources while

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29098 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

ensuring continued support of the last of the feral goats and pigs from San Range (TAR) that contained A. d. var. military mission’’ (Navy 2002, p. 1–1). Clemente Island (as described above in traskiae within its boundaries. After To achieve this, the INRMP identifies the Habitat section). Nonnative plants consultation with USFWS, the Navy goals and objectives for specified have also been targeted for removal from revised these boundaries to avoid most management units and their natural San Clemente Island, and efforts to of the A. d. var. traskiae and minimize resources. The following objectives have control nonnatives have been the impact of training on the species been incorporated as part of the INRMP implemented on an annual basis since (USFWS 2008, p. 118). to address the Recovery Plan task of approximately 1993 (O’Connor 2009a, This objective has been largely met for incorporating recovery actions into pers. comm.). The specific nonnative Acmispon dendroideus var. traskiae and existing management plans: plants targeted and amount of money Castilleja grisea. Feral herbivores have (1) Protect, monitor, and restore allocated to this program are adjusted been removed, erosion control measures plants and cryptograms (soil crusts on an annual basis (O’Connor 2009b, are being implemented, and military composed of living cyanobacteria, algae, pers. comm.; Munson 2011a, pers. activities are avoiding direct impacts to fungi, or moss) in order to manage for comm.). The effectiveness of this plants whenever possible. The Navy is their long-term sustainability on the program was recently improved by also developing an erosion control plan island; providing authorization to apply for military activities. However, many (2) Consider Malacothamnus herbicides (O’Connor 2009b, pers. occurrences of Malacothamnus clementinus, Acmispon dendroideus comm.). Priorities in the nonnative clementinus are located in areas that var. traskiae, or Castilleja grisea as plant program are currently focused on continue to be impacted, or their status ‘‘Management Focus Plants,’’ such that new nonnatives to the island and remains unknown due to closures. they are considered independently from particularly destructive nonnative Therefore, Objective 2 has not been their plant communities as special species. sufficiently satisfied for this taxon. management focuses (habitat protection The Navy is also taking steps to alone is not assumed to be sufficient for minimize the effects of erosion on the Objective 3: Restore Habitats by their protection); island. Erosion control measures are Revegetation of Disturbed Areas Using (3) Conduct status surveys for listed being incorporated into project designs Native Species plants; to minimize the potential to exacerbate Since 2001, the Navy has contracted (4) Ensure that Management Focus existing erosion (O’Connor 2009c, pers. with the San Diego State University Soil Plants have a network of suitable sites; comm.). With the expansion of military (5) Perform studies to determine the operational areas, the Navy committed Ecology and Restoration Group (SERG) pollinators of Malacothamnus to prepare and implement an erosion to propagate and outplant (transplant clementinus, Acmispon dendroideus control plan that will minimize soil individuals from the greenhouse to var. traskiae, or Castilleja grisea; and erosion within and adjoining the vegetative communities) native species (6) Continue to apply genetic research operational areas (Navy 2008b, pp. 5– on the island (Howe 2009b, pers. and management approaches to rare 30; USFWS 2008 p. 62). However, this comm.). The SERG propagates and plant management. plan has not been finalized nor yet outplants approximately 4,000 native Through these mechanisms, the Navy implemented, and it is unclear whether plants per year, and has initiated is required to identify and address all erosion control measures will be restoration at approximately 28 sites threats to these species during the implemented consistently or at all in (O’Connor 2009b, pers. comm.). This INRMP planning process. If possible, areas that are operationally closed to program has not included propagation threats are ameliorated, eliminated, or monitoring and access due to and outplanting of listed plant taxa, mitigated through this procedure. The unexploded ordnance. The proposed except in one recent instance to replace Navy has strived to fulfill this objective erosion control plan includes Acmispon dendroideus var. traskiae through both internal planning (INRMP) development and application of best plants that were extirpated during a and through compliance with Federal management practices (BMPs) such as: scrap metal removal project (Munson law (consultations with the Service Establishing setbacks and buffers from 2011a, pers. comm.). The outplanting of under the Act and preparing steep slopes, drainages, and sensitive native species is primarily focused on environmental review documents under resources; constructing site-specific restoring sensitive island habitats and NEPA). As discussed below under the erosion control structures; conducting improving habitat conditions for five factors, the actions taken by the revegetation and routine maintenance; endangered animal taxa (such as the San Navy under the INRMP have not and monitoring and adjusting the BMPs Clemente loggerhead shrike (Lanius completely eliminated all adverse as appropriate. While the erosion ludovicianus mearnsi)), with some impacts, but many threats have been control plan is being prepared, the Navy revegetation of eroded and disturbed greatly reduced. These contributions to has postponed all major battalion areas (O’Connor 2009, pers. comm.). the elimination of adverse impacts movements and training, and is using Although only one of the restoration partially fulfill, but do not fully achieve, BMPs when creating and approving efforts was specifically designed for the the objective for all three species. projects that might contribute to erosion benefit of one of the three plant taxa on the island. The Navy has taken steps addressed in this finding, restoration of Objective 2: Protect Known Resources to reduce the threat of erosion on the the island’s vegetation communities From Further Degradation By: (a) island and contribute to the should help improve habitat suitability Removal of Feral Herbivores, achievement of this objective. for all three taxa by reducing the spread Carnivores, and Selected Exotic Plant The Navy is taking precautions to of invasive nonnative plants and Species; (b) Control of Unnatural avoid plants when possible to minimize restoring ecological processes. Although Erosion in Sensitive Locations; and (c) direct impacts to Malacothamnus progress has been made towards Directing Military Operations and clementinus, Acmispon dendroideus restoring disturbed areas, there are still Adverse Recreational Uses Away From var. traskiae, and Castilleja grisea areas (e.g., especially within SHOBA) Biologically Sensitive Areas resulting from military activities. For that need further restoration of native In 1992, the Navy fulfilled a major example, in the MOFMP, the Navy species. Therefore, while restoration is part of this objective by removing the proposed to develop a Training Area occurring, the objective has not been

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29099

fully met at this time for the three Objective 5: Delist or Upgrade the data; Junak 2006, pp. 1–176, GIS data; species. Listing Status of Those Taxa That Tierra Data Inc. 2008, pp. 1–24, Achieve Vigorous, Self-Sustaining appendices and GIS data; SERG 2009– Objective 4: Identify Areas of San Population Levels as the Result of 2011, GIS data). These surveys have Clemente Island Where Habitat Habitat Stabilization, Restoration, and added substantially to the number of Restoration and Population Increase of Preventing or Minimizing Adverse documented occurrences of each of the Certain Addressed Taxa May be Human-Related Impacts three taxa. Achieved Through a Careful Survey of Rare plant surveys and island flora The distributions of Acmispon the Island and Research on Habitat studies have documented many more dendroideus var. traskiae and Castilleja Requirements of Each Taxon locations occupied by Malacothamnus grisea have increased substantially over clementinus, Acmispon dendroideus much of the island since listing. There Since they were listed, a number of var. traskiae, and Castilleja grisea than are now vigorous, self-sustaining studies have addressed the ecology, were known at the time of listing. Since taxonomy, and genetics of the three occurrences of A. d. var. traskiae and C. listing, 8 additional occurrences of M. plant taxa. Evans and Bohn (1987, pp. grisea on San Clemente Island, as clementinus, 23 occurrences of A. d. 537–545) observed insects on plants, described above. Threats to these taxa var. traskiae, and 10 occurrences of C. collected seeds, and studied the have also been reduced to levels such grisea have been documented (Table 1). that they are no longer in danger of germination of Malacothamnus It is unknown whether the higher extinction throughout all of their range clementinus, Acmispon dendroideus number of occurrences represents (USFWS 2007b, pp. 1–22; USFWS var. traskiae, and Castilleja grisea. Junak detections due to increased survey 2007c, pp. 1–19). Although the goal of and Wilken (1998, pp. 1–426) studied efforts, recruitment from the seed bank, delisting has not yet been met, the or recolonization by the plants as a flowering and fruiting in natural objective to improve the status of A. d. populations and performed germination result of management actions var. traskiae and C. grisea to the point implemented by the Navy to conserve trials with collected seeds from all three they can be reclassified has been met. taxa. Allan (1999, pp. 46–105) observed listed species on the island (see Because many occurrences of Distribution section for each taxon pollinators and germinated seeds Malacothamnus clementinus are located above). However, this improvement in collected from A. d. var. traskiae. Liston in areas that continue to be impacted, or the documented status of each of these et al. (1990) confirmed suspected their status remains unknown due to taxa suggests that feral goats and pigs hybridization between A. d. var. closures, we have not yet met either were a significant threat to each. Thus, traskiae and A. argophyllus var. standard of this objective to reclassify or their improved status may largely be argenteus using genetic techniques. delist this species. due to the implementation of a single Additionally, Allan (1999, pp. 46–105) Objective 6: Monitor Effectiveness of action identified in the Recovery Plan. surveyed the genetics of a number of Recovery Efforts by Undertaking Because portions of the island remain taxa within the genus Lotus, including Baseline Quantitative Studies and closed, monitoring effectiveness of a group that includes A. d. var. traskiae, Subsequent Follow Up Work recovery efforts is not being fully to compare genetic divergence between implemented. Occurrences for each California mainland and island taxa. To evaluate the success of species, as described above, are closed Helenurm et al. (2005, pp. 1221–1227) management actions undertaken to to access for monitoring or any recovery benefit the three plant taxa, the Navy studied patterns of genetic variation efforts. Thus, Objective 6 cannot be fully implemented a long-term vegetation among occurrences of C. grisea. met for the three taxa under current monitoring study (Tierra Data Inc. 2005, Helenurm (1997, pp. 41–51; 1999, pp. operational closure directives. pp. i–96 and Appendices) and 29–40) studied the genetic variation and commissioned sensitive plant surveys Summary of Recovery Plan clonal nature of M. clementinus. These (Junak and Wilken 1998, pp. 1–416; Implementation studies have helped to elucidate Junak 2006, pp. 1–176). Overall, In summary, while the Recovery Plan potential plant pollinators and mating vegetation trend monitoring reveals that does not include taxon-specific systems, plant propagation techniques, the cover of both native and nonnative downlisting or delisting criteria for and to design management strategies plant species has changed since the measuring the recovery of that take into consideration genetic removal of feral goats and pigs, but the Malacothamnus clementinus, Acmispon factors. There is a growing body of response of individual species and dendroideus var. traskiae, and Castilleja knowledge on the habitat requirements vegetative communities has varied, with grisea, many of the actions identified in and life history of listed species on the some species and communities the Recovery Plan have been island. This research, encouraged and exhibiting greater changes than others. implemented to benefit these taxa. Most supported by the Navy, has contributed Discerning long-term vegetative significantly, the Navy removed feral to achieving Objective 4 and to planning community trends is difficult because goats and pigs from San Clemente Island successful restoration of habitat and the vegetative community study was in 1992. The improvement in the recovery of the three taxa. Additional preceded by a wet year that likely had documented status of each of these surveys and research necessary to a strong influence on the data collected listed plant taxa suggests that the identify appropriate restoration, (Tierra Data Inc. 2005, p. 29). Within the removal of these animals was integral to management, and recovery actions few monitoring plots that included the their ability to establish vigorous, self- include: further genetic studies for M. three plant taxa, occurrence counts sustaining occurrences. Though the clementinus, research on the degree of varied among years and did not provide distribution of Malacothamnus hybridization in A. d. var. traskiae and a clear indication of trend (Tierra Data clementinus has continued to increase study of the host plants of C. grisea. Inc. 2005, pp. 79–80). The clearest on the island, the majority of its range indication of the success of feral animal occurs within SHOBA. Since access to Thus, this objective has not been fully removals for the three plant taxa was Impact Areas within SHOBA is achieved at this time for the three obtained from rare plant survey data restricted to military personnel, the species. (Junak and Wilken 1998, pp. 1–416, GIS status of three M. clementinus

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29100 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

occurrences is uncertain at this time. A We must consider these same five management are discussed as habitat fourth occurrence, with a significant factors in reclassifying or delisting a threats below under Factor A. Natural amount of genetic diversity, outside of species. Listing, reclassifying, or factors in the 2007 status review refer to the impact areas is also closed at this delisting may be warranted based on the low genetic diversity of this taxon time. Due to limited access to these any of the above threat factors, either and are discussed in Factor E below. In areas, there are insufficient data to singly or in combination. For species 2007, access to SHOBA was described indicate that the objectives have been that are already listed as threatened or as a threat because it ‘‘undermines the successfully met. In addition, limited endangered, an analysis of threats is an effectiveness of surveys and access precludes natural resource evaluation of both the threats currently management efforts’’ (USFWS 2007a, p. managers from implementing facing the species and the threats that 21). While lack of access to portions of management actions, such as nonnative are reasonably likely to affect the the island still limits our ability to control and fire suppression. species in the foreseeable future assess the status of the taxon, access to In contrast, threats are reduced in following the delisting or downlisting. SHOBA is not considered a threat. areas occupied by Acmispon Under section 3 of the Act, a species Rather, the lack of access contributes to dendroideus var. traskiae and Castilleja is ‘‘endangered’’ if it is in danger of uncertainty in assessing threats and the grisea, and many of the objectives have extinction throughout all or a significant species’ response to those threats and to been met in part or full. Complementing portion of its range, and is ‘‘threatened’’ actions taken to ameliorate threats. In the success of these conservation if it is likely to become endangered in this finding, we focus on threats measures, the ecology and genetics of the foreseeable future throughout all or responsible for impacting the listed each of these taxa have been studied, a significant portion of its range. The entity or habitat where it occurs, not our and a number of programs are now in word ‘‘range’’ refers to the range in inability to access these areas. place to improve habitat suitability, which the species currently exists, and Factor A. The Present or Threatened prevent introductions of nonnative the word ‘‘significant’’ refers to the Destruction, Modification, or species, guide and track management value of that portion of the range being Curtailment of Its Habitat or Range efforts, and protect occurrences of these considered to the conservation of the plant taxa. We investigated other species. The ‘‘foreseeable future’’ is the The final listing rule (42 FR 40682; potential threats for these taxa and period of time over which events or August 11, 1977) identified the concluded that they do not pose effects reasonably can or should be following threats to Malacothamnus significant impacts. Based on our review anticipated, or trends extrapolated. clementinus: Habitat alteration and of the Recovery Plan, we conclude that We considered and evaluated the best destruction, competition from nonnative the status of Acmispon dendroideus var. available scientific and commercial species, and direct predation by traskiae and Castilleja grisea has information for this analysis. nonnative herbivores (goats and pigs). improved due to activities being Information pertaining to With the final removal of these implemented by the Navy on San Malacothamnus clementinus, Acmispon herbivores in 1992, the vegetation on Clemente Island. The effects of these dendroideus var. traskiae, and Castilleja San Clemente Island has rebounded, activities on the status of the three taxa grisea in relation to the five factors and the status of many rare plant are discussed in further detail below. provided in section 4(a)(1) of the Act is occurrences, including M. clementinus, discussed below. For the purposes of has improved (Tierra Data Inc. 2005, p. Summary of Factors Affecting the this analysis, we will first evaluate 8; Junak 2006a, pers. comm.). Although Species whether the currently listed species the direct threat from predation to M. Section 4 of the Act and its should be considered threatened or clementinus identified in the final implementing regulations (50 CFR part endangered throughout all their ranges. listing rule has been eliminated, erosion 424) set forth procedures for listing If we determine that the species are as a result of overgrazing and invasive species, reclassifying species, or threatened, then we will consider nonnative plants remain ongoing threats removing species from the Federal Lists whether there are any significant to habitat of M. clementinus. The of Endangered and Threatened Wildlife portions of their ranges where they are Recovery Plan also identified habitat and Plants. ‘‘Species’’ is defined by the in danger of extinction or likely to alteration and disturbance from the Act as including any species or become endangered within the Navy’s use of the island for military subspecies of fish or wildlife or plants, foreseeable future. The five factors listed operational and training needs as and any distinct vertebrate population under section 4(a)(1) of the Act and additional threats to the habitats segment of fish or wildlife that their applications to M. clementinus, A. occupied by M. clementinus (USFWS interbreeds when mature (16 U.S.C. d. var. traskiae, and C. grisea are 1984, pp. 58–63). Additional threats 1532(16)). Once the ‘‘species’’ is presented below. identified since listing include alteration of San Clemente Island determined, we then evaluate whether Malacothamnus clementinus (San habitats by military training activities, that species may be endangered or Clemente Island Bush Mallow) threatened because of one or more of the fire, and fire management. As outlined five factors described in section 4(a)(1) In the 2007 status review, we below, we discuss in this section the of the Act. Those factors are: acknowledged that the predominant impacts of the following threats that (A) The present or threatened threat at listing (grazing from feral affect the habitat or range of M. destruction, modification, or herbivores) was ameliorated with the clementinus: (1) Land use, (2) erosion, curtailment of its habitat or range; removal of goats and pigs from the (3) nonnative plants, (4) fire, and (5) fire (B) Overutilization for commercial, island in 1992 (USFWS 2007a, pp. 1– management. 28). Threats to Malacothamnus recreational, scientific, or educational Land Use purposes; clementinus identified in 2007 (C) Disease or predation; included: (1) Land use, (2) fire, (3) In this section we describe threats (D) The inadequacy of existing nonnative species, (4) erosion, (5) considered likely based on land use regulatory mechanisms; or natural factors, (6) fire management, and designations. A total of 11 (E) Other natural or manmade factors (7) limited access to SHOBA. Land use, Malacothamnus clementinus affecting its continued existence. fire, nonnatives, erosion, and fire occurrences are distributed on San

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29101

Clemente Island, including one mid- implement with the new MOFMP in our Upper China Canyon, Lower China island (Lemon Tank Canyon) and the 2008 biological opinion (we also Canyon, and Horse Beach Canyon) are remaining 10 approximately 9.5 mi considered impacts to Acmispon within Impact Areas I or II, and are now (15.3 km) along the southwesterly facing dendroideus var. traskiae and Castilleja closed to nonmilitary personnel coastal terraces at the southern end of grisea). Additionally, the Service made (USFWS 2008, p. 50). the island. Historically, the island was conservation recommendations within As a result, it is not possible to assess used for grazing and ranching. At the the biological opinion, including: (1) the magnitude of the threat in these time of listing, the Navy had acquired Considering recommended actions from areas, and the status of the three the island, although military operations the 5-year review in the upcoming occurrences remains unknown. These were not intense and feral grazers were revision of the INRMP, (2) propagation occurrences, although limited in still on the island. Since listing, training and outplanting of narrowly distributed, number, contain the greatest numbers of activities and land use by the Navy have listed plant species, and (3) the individuals and some of the highest increased significantly. Since it was first collection of M. clementinus cuttings genetic diversity on the island listed in 1977, the Navy has consulted and seeds from Horse Beach Canyon for (Helenurm 1999, p. 40). The intense and coordinated with us regarding the the propagation and outplanting of training activities within the Impact effects of various activities on M. individuals in areas without military Areas pose a direct threat to habitat and clementinus, Acmispon dendroideus training. We concluded that ongoing occurrences due to associated ground var. traskiae, and Castilleja grisea and likely impacts from the proposed disturbance and bombardment (USFWS (USFWS 2002, pp. 1–21; USFWS 2003, increases in military training activities 2008, pp. 83–84). The majority (8 of 11) p. 1; USFWS 2004, pp. 1–2; USFWS would not jeopardize the continued of Malacothamnus clementinus 2008, pp. 1–237). These consultations existence of M. clementinus, A. d. var. occurrences are located outside of any have addressed numerous activities traskiae, and C. grisea (USFWS 2008, p. training areas (IOA, TAR, or Impact including training, fire management, the 90). Area) and are less likely to sustain direct impacts from military activities installation of wind turbines, missile The southern portion of the associated with land use; three tests, maintenance and construction of distribution of Malacothamnus occurrences (Upper China Canyon, Ridge Road and the assault vehicle clementinus spans the boundary of maneuver route, construction of Lower China Canyon, and Horse Beach SHOBA, which supports a variety of berthing buildings, and development Canyon) are partially or wholly within training operations involving both live and use of training areas. the boundaries of a training area (IOA, Most recently, training activities and inert munitions fire. The majority of TAR, or Impact Area). approved in the MOFMP include this area serves as a buffer for areas of The Lemon Tank Canyon occurrence substantial increases in vehicle and foot more intense training and is less falls within an area identified by the traffic in the IOA (Navy 2008b, pp. 2– susceptible to direct land use threats INRMP as needing environmental 1 to 2–52). In November 2008, we than occurrences within TAR, IOA, or cleanup pursuant to the Resource completed a biological opinion Impact Areas. Six of 11 known Conservation and Recovery Act (RCRA) describing the impact of the Navy’s occurrences (54 percent; Canchalagua and Comprehensive Environmental military training program proposed in Canyon, Horse Beach Canyon, Lower Response, Compensation and Liability the MOFMP on 11 federally listed China Canyon, Upper China Canyon, Act (CERCLA) (Navy 2002, p. 2–18). species on San Clemente Island, Cave Canyon, and Chukit Canyon) fall This site is still in the study phase and including the three taxa that are the within SHOBA, where diffuse or has not been listed, or proposed for subject of this finding (USFWS 2008, accidental impacts to M. clementinus listing, on the National Priorities List. pp. 1–237). This consultation addressed are likely to occur, and training might Habitat at this occurrence could receive the proposed expansion of the result in the alteration of habitat by Off improvements by future environmental frequency and amount of military Highway Vehicle (OHV) movement and cleanup (Munson 2011b, pers. comm.). training on the island, along with large-scale troop movements through Initial surveys of the project footprint enhanced training complex capabilities, the military impact and training areas. have been completed, and construction of new gates and buildings, Within the Impact Areas, some Malacothamnus clementinus was not use of an IOA, change in fire munitions exercises involve the use of found in the project footprint (B. management strategies, and use of an incendiary devices, such as illumination Munson 2011e, pers. comm.), although assault vehicle maneuver corridor. rounds, white phosphorous, and tracer additional surveys will need to be Examples of projected increases in rounds, which pose a high risk of fire undertaken to ensure there is no impact training levels relative to a ignition (USFWS 2008, pp. 11–13). One to the plant. RCRA and CERCLA require representative year of training prior to occurrence (Lower China Canyon) is that impacts to the species and its 2008 include: 11 percent increase in within the IOA, and could experience habitat be avoided and minimized to the naval fire support exercises, 23 percent direct impacts from troop and vehicle extent practicable. This area has also increase in land bombing exercises, 150 movement through the area. Three been closed to natural resource percent increase in explosive ordnance additional occurrences (Upper China personnel, and the status of the disposal, 60 percent increase in artillery Canyon, Horse Beach Canyon, and occurrence in this area is unknown operations, 90 percent increase in land Lemon Tank Canyon) are near the IOA (Munson 2011c, pers. comm.). demolitions, 19 percent increase in land (within 1,000 ft (305 m)), and could be While the increase in military training navigation exercises, and 96 percent subjected to diffuse or accidental affects the species (as well as Acmispon increase in SEAL platoon operations impacts. Because of the elevated risk of dendroideus var. traskiae and Castilleja (USFWS 2008, p. 11). fire and disturbance associated with grisea), the Navy through We considered the status and training activities, live and inert implementation of the INMRP is distribution of Malacothamnus munitions fire are targeted towards two avoiding and minimizing the impacts to clementinus, and the various delineated Impact Areas (I and II) the extent practicable while meeting management, avoidance, and within SHOBA where bombardments operational needs. Land use is currently minimization measures in place, and land demolition are concentrated. impacting habitat of 4 of the 11 including those the Navy will Three of 11 occurrences (27 percent; occurrences (36 percent; Lemon Tank

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29102 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Canyon, Lower China Canyon, Upper occurrences could be subject to diffuse prevent soil erosion from adversely China Canyon, and Horse Beach disturbance (spread out over a large area affecting federally listed species, Canyon) on the island, which may lead or not concentrated) and road effects including Malacothamnus clementinus, to overall habitat degradation, and cause that degrade habitat quality. Roads can and their habitats. Additionally, the the loss of individuals or groupings of concentrate water flow, causing incised plan is designed to prevent soil erosion plants in a given area. Military channels and eroded slopes (Forman from significantly impacting other operations and training are island-wide and Alexander 1998, pp. 216–217). This sensitive resources, including sensitive threats to M. clementinus, particularly increased erosion around roads can plant and wildlife species and their to the occurrences in or adjacent to degrade habitat, especially along steep habitats. This erosion control plan will military training areas. canyons and ridges. Erosion impacts are address military operations associated with the IOA, AVMA, and AFP; Erosion likely greatest in SHOBA, where bombardment has led to a pattern of however, since the plan is not yet Erosion and associated soil loss surface disturbance and recurrent fire finalized, it does not currently caused by browsing of feral goats and (Navy 2002, pp. 3–5). The Navy studied ameliorate the noted threats from rooting of feral pigs likely modified the the potential for erosion from several erosion. island’s habitat (Navy 2002, p. 1–14). proposed military activities (Tierra Data The processes and results of erosion Defoliation from overgrazing on San Inc. 2007, pp. 1–45, Appendices). One are island-wide threats to the habitat of Clemente Island increased erosion over additional occurrence at Upper China Malacothamnus clementinus, much of the island, especially on steep Canyon is also impacted by erosion. particularly to the occurrences in or slopes where denuded soils can quickly Therefore, 6 of the 11 occurrences (54 adjacent to military training areas or wash away during storm events percent; Lower China Canyon, Upper roads. Erosion is currently impacting 6 (Johnson 1980, p. 107; Navy 2002, pp. China Canyon, Horse Beach Canyon, of the 11 occurrences (54 percent) on 1–14, 3–9; Tierra Data Inc. 2007, pp. 6– Middle Ranch Canyon, Waymuck the island, which may lead to overall 7). In the INRMP, erosion was identified Canyon, and Lemon Tank Canyon) of M. habitat degradation, and cause the loss as a threat to canyon woodland and clementinus are likely to be further of individuals or groupings of plants in maritime desert scrub vegetation impacted by erosion (Table 1). a given area. Of the six occurrences communities, which is Malacothamnus currently impacted by erosion, four Erosion control measures are clementinus habitat (Navy 2002, pp. 4– (Lower China Canyon, Upper China 3, 4–12). In the southwestern portion of incorporated into all site feasibility Canyon, Horse Beach Canyon, and its distribution, M. clementinus is found studies and project planning, design, Lemon Tank Canyon) are in areas that along coastal terraces, canyon rims, and and construction to minimize the are operationally closed to access, and at the base of escarpments where potential to exacerbate existing erosion likely not afforded conservation erosion is more prevalent. The erosion and avoid impacts to listed species measures to control or monitor erosion. process can remove soil that provides (Munson 2011a, pers. comm.). The With these closures and continued nutrients and physical support for the INRMP requires that all projects include impacts, erosion remains a threat to the plants, displace seeds and deposit them erosion conservation work and habitat of M. clementinus. in unsuitable locations, and bury extant associated funding (Navy 2002, p. 4–89). individuals or small occurrences of the These conservation actions include best Nonnative Species plants. This stripping of soil and plants management practices for construction One of the threats to Malacothamnus can affect vegetation composition and and engineering, choosing sites that are clementinus identified in the final landscape long after the herbivores are capable of sustaining disturbance with listing rule was the spread of nonnative removed (Johnson 1980, p. 107). Erosion minimum soil erosion, and stabilizing plants into its habitat (42 FR 40682; has likely been exacerbated by disturbed sites with native plants (Navy August 11, 1977). Nonnatives can alter reductions in vegetation cover due to 2002, pp. 4–89–4–91). Additionally, habitat structure, ecological processes drought and fire (Johnson 1980, pp. large-scale island-wide maneuvers with (such as fire regimes), nutrient cycling, 105–118). Currently, the Navy has a assault vehicles have been postponed hydrology, and energy budgets and program run by SERG that grows and until an erosion control plan is drafted compete for water, space, light, and outplants native vegetation to areas that and implemented. Due to potential new nutrients (Zink et al. 1995, p. 307; need to be restored (Navy 2002, pp. 3– training in the IOA and the Assault Brooks 1999, pp. 16–17; Mack et al. 51 to 3–52). Restoration of native Vehicle Maneuver Area (AVMA), an 2000, p. 689). By 1992, researchers had vegetation helps retain soil and erosion control plan to minimize the documented 99 nonnative plant species ameliorate erosion in stripped areas. effects of the potential training is on San Clemente Island (Kellogg and Increased military activities, currently being developed for San Kellogg 1994, p. 5), and transfer of especially where Malacothamnus Clemente Island (Munson 2011a, pers. nonnative species to the island clementinus is found within training comm.). The Navy has committed to continues to be a problem today (Dunn area boundaries, cause erosion through preparing this plan and implementing it 2006, pers. comm.; Junak 2006c, pers. soil compaction or other soil prior to any new training or operations comm.; Kellogg 2006, pers. comm.; disturbances in occupied habitat near in the IOA or AVMA (Navy 2008b, pp. O’Connor 2009c, pers. comm.). roadways or vehicle maneuver areas 5–29, 5–30). The proposed erosion Nonnative species of particular concern (Tierra Data Inc. 2007, p. 12). With the control plan includes development and include Foeniculum vulgare (fennel) exception of the main road, the roads on application of BMPs including: and Brassica tournefortii (Sahara San Clemente Island are largely establishing setbacks and buffers from mustard), which have already invaded unpaved, and 5 of the 11 occurrences steep slopes, drainages, and sensitive M. clementinus habitat. Since nonnative (45 percent; Lower China Canyon, Horse resources; constructing site-specific herbivores were removed from the Beach Canyon, Middle Ranch Canyon, erosion control structures; conducting island, the most significant structural Waymuck Canyon, and Lemon Tank revegetation and routine maintenance; alteration to the habitat has been the Canyon) are within 500 ft (152 m)) of a and monitoring and adjusting the BMPs proliferation of nonnative annual road on the island (Forman and as appropriate. Implementation of the grasses, such as Avena spp. (oats), Alexander 1998, p. 217). These erosion control plan is expected to Bromus spp. (bromes), and Vulpia

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29103

myuros (annual fescue). Annual grasses island with the potential to adversely clementinus occurrences (Canchalagua vary in abundance with rainfall, impact habitat of federally listed Canyon, Horse Beach Canyon, Lower potentially changing the vegetative species, which includes the eradication China Canyon, Upper China Canyon, community from shrubs to grasses, and of isolated occurrences of nonnatives Cave Canyon, and Chukit Canyon). may increase the fuel load in wet years and early detection and eradication of Three of these occurrences (Upper (see Factor A—Fire section below). new nonnative species (Navy 2008b, p. China Canyon, Lower China Canyon, Nonnative grasses are present in the 5–28). This program targets nonnative and Horse Beach Canyon) are in Impact native maritime desert scrub vegetation species for elimination using herbicide Areas I and II, where the risk of frequent community where M. clementinus is and mechanical removal, with priorities fire (less than 5 years apart) is especially often found (Tierra Data Inc. 2005, pp. currently focused on new invasions and high (Navy 2002, pp. 5–93, 5–99). The 36–42). particularly destructive nonnative effects of fire on habitat within the Although previous invasions of species. Nonnative species management Impact Areas are currently unknown nonnatives probably were introduced in targets are identified and prioritized due to closure to natural resource grazing fodder, current invasions are annually by Navy natural resource personnel (USFWS 2008, p. 50). typically introduced by military managers (Munson 2011a, pers. comm.). The remaining land in SHOBA acts as activities and training on the island. These tactics have been successful in a buffer from fires and munitions Nonnative plants likely come in with isolating and limiting some species, between the Impact Areas and the rest equipment, vehicles, material, and such as Foeniculum vulgare, to a few of the island. Fires are occasionally personnel, and are spread by their locations (Howe 2011b, pers. comm.). ignited by activities north of SHOBA, movements. The primary pathway and To reduce the potential for transport of posing a low-magnitude threat to the vector for nonnative species into arid nonnative plants to San Clemente remaining five occurrences (Lemon and semi-arid ecosystems are vehicles Island, military and nonmilitary Tank Canyon, Box Canyon, Norton and vehicular routes, and disturbances personnel inspect tactical ground Canyon, Middle Ranch Canyon, and along these routes and corridors enable vehicles and remove any visible plant Waymuck Canyon) (Navy 2002, Map 3– their establishment (Stylinski and Allen material, dirt, or mud on them prior to 4, p. 3–33). Due to the potential for 1999, p. 551; Gelbard and Belnap 2003, going to San Clemente Island (USFWS unexploded ordnance within SHOBA, pp. 424–425; Von der Lippe and 2008, p. 63). This cleaning helps unless a fire threatens human life or Kowarik 2007, p. 986). Island prevent nonnative plants from reaching facilities, it usually is allowed to burn ecosystems and species are especially the island, but once there, nonnative itself out (Navy 2002, p. 3–32; Kellogg vulnerable to nonnative plant invasions plants are easily spread from one area to 2006, pers. comm.). This contrasts with due to the relative lack of biotic another by the movement of vehicles. the northern portion of the island where diversity and natural predators (Mack The Navy has implemented wildfires are usually suppressed and Lonsdale 2002, p. 164). preventative and control programs for (Kellogg 2006, pers. comm.). Nonnative plants constitute a the nonnative plant species on the Increased fire frequency (more than rangewide threat to the endemic plant island. Although nonnatives will every 5 years) from intensified military community and habitat on San continue to pose a rangewide risk to the use could lead to localized changes in Clemente Island, including the habitat habitat of Malacothamnus clementinus, vegetation. Nonnative annual grasses of all occurrences of Malacothamnus the Navy has taken steps to curtail can increase fuel load for fire ignition clementinus. Five of 11 occurrences (45 habitat conversion by nonnative plants. and spread within the landscape. Dried percent; Lower China Canyon, Horse Management and control of nonnative grasses provide a fuel that is easily Beach Canyon, Middle Ranch Canyon, plants is not in place at the four ignitable, and can extend the fire season Waymuck Canyon, and Lemon Tank occurrences that are closed to natural by more than a month because they Canyon) are within 500 ft (152 m) of resource managers. However, outside of desiccate sooner than the native Ridge Road or China Point Road, and these areas, M. clementinus has herbaceous flora. These grasses can also may be subject to diffuse disturbance persisted on the island and, despite the colonize a burned area better and more and road effects that degrade habitat continued risk of encroachment by quickly than native species, thereby quality along the road (Forman and nonnatives, its range has continued to creating a cycle where fire and Alexander 1998, p. 217). Roadsides tend expand. Nonnatives remain a threat to nonnatives are positive feedbacks for to cultivate conditions (high the M. clementinus’ habitat, particularly one another (Brooks et al. 2004, p. 677). disturbance, seed dispersal by vehicles, in the four occurrences that are closed Frequent fires within and adjoining ample light, and water runoff) favorable to monitoring and management efforts. military training areas have the to nonnative species (Forman and potential to alter the vegetative Alexander 1998, p. 210). Nonnatives, Fire community, resulting in the conversion including Foeniculum vulgare and Fire was not considered a threat to of shrublands to nonnative grasslands, Mesembryanthemum crystallinum Malacothamnus clementinus at the time and a reduction in native perennial (crystalline iceplant), have been found of listing (42 FR 40682; August 11, bunchgrasses (O’Leary and Westman in the disturbed shoulders along the 1977). Since that time, however, over 50 1988, p. 779; D’Antonio and Vitousek road between Ridge Road and China percent of the island has experienced at 1992, p. 73; Minnich and Dezzani 1998, Point in SHOBA (Braswell 2011, pers. least one wildfire (Navy 2002, Map 3– pp. 383–384; Keeley et al. 2005, p. 2109; obs.). 3, p. 3–32), and some areas have burned Tierra Data Inc. 2005, p. 88). Potential impacts from nonnative multiple times with short intervals At the time of listing, fire was not plants to the habitats of the three taxa between fires (Navy 2002, Map 3–4, p. identified as a threat because of lack of analyzed in this finding are minimized 3–33). Between 1990 and 2004, there fire history and the low intensity of through annual implementation of the were 114 wildfires on the island military training on the island. Since Navy’s island-wide nonnative plant suspected to be from Navy operational that time, military training has control program (O’Connor 2009b, pers. sources (Navy 2008a, pp. 5–18, 5–19). significantly increased, and we have comm.; Munson 2011a, pers. comm.). The majority of fires are concentrated in better records of the fire frequency on The focus of the nonnative plant species SHOBA, and potentially impact the the island. Fire is a rangewide threat to program is to control plants on the habitat of 6 of 11 (54 percent) of M. the habitat of M. clementinus, and 6 of

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29104 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

the 11 occurrences (54 percent) of related activities and facilities, as these the impacts to habitat of individuals or Malacothamnus clementinus occur activities represent the primary source occurrences to the extent practicable within areas that may be subject to of ignition on the island (USFWS 2008, while meeting the operational needs of recurrent fire associated with military p. 3). Seasonal range and training the Navy. training (Table 1; Canchalagua Canyon, modifications, based on weather Fire suppression activities described Horse Beach Canyon, Lower China patterns and moisture, are efforts taken in the MOFMP and used by the Navy Canyon, Upper China Canyon, Cave by the Navy to assist in the prevention include creating firebreaks (bare soil Canyon, and Chukit Canyon). The of fire ignition, containment, and fire created through manual or herbicide remaining five occurrences are in suppression (USFWS 2008, pp. 3–4). removal of vegetation), use of fire habitat with a lower risk of recurrent In response to the potential hazard of retardants (spraying of fire retardants fire and are less likely to experience wildfires on San Clemente Island, along fire breaks) and aerial drops of changes in vegetation community due to firefighting techniques have improved saltwater from aircraft. Fire management fire. It is unlikely that fire control or for known operational-related ignition on San Clemente Island includes the prevention measures will be undertaken sources (Navy 2008b, pp. 3.11–71). creation of fuelbreaks within areas of in the habitat at the three occurrences Within the MOFMP, the Navy proposed SHOBA that impact the habitat at three within the Impact Areas that are the expansion of military training, as Malacothamnus clementinus operationally closed. Fires that escape well as the implementation of a fire occurrences (Horse Beach Canyon, designated training areas may threaten management plan directed at fire Lower China Canyon, and Upper China other parts of the island, though because suppression, fire prevention, and fuels Canyon) (USFWS 2008, p. 57). of its broad distribution, it is unlikely management. This plan was developed Fuelbreaks are maintained along the that one fire would be capable of to provide flexibility for the timing of boundaries of Impact Areas I and II to spreading throughout the entire range of military training, and will modify the prevent the spread of fire outside of the M. clementinus. The Navy’s level of fire suppression resources areas (USFWS 2008, p. 57). Fuelbreaks implementation of the MOFMP will required to be present during training on the island are created using limit the frequency of fires that escape activities. Real-time weather data and herbicides and strip burning, and Impact Areas. Through the annual fuels management, in combination with maintained using herbicides and fire review process, the Navy identifies the ready availability of fire suppression retardant (Phos-Chek D75F) (USFWS mechanisms to reduce fire return resources, are used to minimize the risk 2008, pp. 97–98). The use of fire intervals in areas where this taxon is of fires spreading from areas approved retardant or herbicide, as proposed in concentrated (USFWS 2008, pp. 91– for the use of ordnance and incendiary the MOFMP, results in the loss of M. 122). devices. The Navy has committed to clementinus and Castilleja grisea habitat The Navy has implemented conducting an annual review of fire within the fuelbreak footprint (USFWS preventative and control programs for management and fire occurrences that 2008, p. 81). The use of Phos-Chek may fire on the island. Although fire will will allow for adaptive management and also allow or facilitate the expansion continue to pose a rangewide risk to the changes in the MOFMP (USFWS 2008, and persistence of nonnative species habitat of Malacothamnus clementinus, pp. 91–122). due to the fertilizing effect of this the Navy has taken steps to curtail The MOFMP was developed by the retardant (Larson et al. 1999, p. 115; habitat conversion by frequent and Navy to provide flexibility for the Kalabokidis 2000, p. 130). Fire intense fire. Six of the 11 occurrences timing of military training, and to retardants act as a source of nitrogen (54 percent) of M. clementinus occur ensure that elevated fire suppression and phosphorous, which are nutrients within areas that may be subject to resources were present to address an that can affect plant species recurrent fire associated with military increased level of training activities and composition (Larson and Duncan 1982, training. Management and control of fire fire risk. In response to the potential p. 702). The Navy has begun a study on is not in place at the three occurrences hazard of wildland fires on San the effects of Phos-Chek on San that are closed to natural resource Clemente Island, firefighting techniques Clemente Island vegetation, and has managers. However, M. clementinus has have improved for known operational- avoided application of Phos-Chek persisted on the island and, despite the related ignition sources (Navy 2008b, within 300 ft (91.4 m) of mapped listed continued risk of fire, its range has pp. 3.11–71). The MOFMP defines the species (including M. clementinus and continued to expand. Fire remains a conditions under which certain fire C. grisea) to the extent allowable with threat to the M. clementinus’ habitat, protection resources must be available fuelbreak installation (USFWS 2008, pp. particularly in the three occurrences in and ready for use (for example, a 97–98). the impact areas that are closed to dedicated fire helicopter) (USFWS 2008, It is anticipated that the Navy will monitoring and management efforts. p. 53). The MOFMP calls for the use of construct fuelbreaks to minimize the real-time weather and fire forecasting to risk of fire spreading from areas of live Fire Management determine when certain munitions may fire and demolition training north of In 2008, the Service issued a be used and when helicopters must be SHOBA (USFWS 2008, p. 98). In the biological opinion to the Navy on its present. After extensive consultation MOFMP, the Navy agreed to conduct MOFMP on San Clemente Island with the Navy, we issued a biological preseason briefings for firefighting (USFWS 2008, pp. 1–244). The opinion on the MOFMP that concluded personnel on the guidelines for fire biological opinion addressed impacts to the MOFMP would not jeopardize the suppression, and the limitations all 11 currently listed terrestrial taxa continued existence of listed species, associated with the use of Phos-Chek known to occur on San Clemente Island, including the three taxa analyzed in this and saltwater drops (USFWS 2008, pp. including the three taxa analyzed in this Finding (USFWS 2008, pp. 1–237). 97–98). The impact of saltwater on the finding. Military activities contribute to While the increase in military training habitat of M. clementinus (and Castilleja fires on San Clemente Island that may and fire suppression could affect habitat grisea) has not yet been assessed. adversely affect listed plants and of Malacothamnus clementinus (as well However, if salt persists, the wildlife (USFWS 2008, p. 3). The Navy’s as Acmispon dendroideus var. traskiae composition of the plant community focus on fire management is related to and Castilleja grisea), we have worked could change to favor more salt-tolerant military training and other human- with the Navy to avoid and minimize taxa. Fire management could have a

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29105

direct impact on the habitat and species the effectiveness of the conservation Section 7(a)(2) of the Act requires composition of at least three measures. Although the species is Federal agencies, including the Service occurrences of M. clementinus. expanding, and ongoing and anticipated and the Navy, to ensure that actions The Navy’s implementation of a conservation efforts contribute to its they fund, authorize, or carry out do not MOFMP will help to reduce the risk of conservation, military training ‘‘jeopardize’’ the continued existence of habitat conversion by fire, though the activities, erosion, nonnatives, and fire a listed species or result in the habitat of Malacothamnus clementinus have ongoing impacts to all M. destruction or adverse modification of could be altered by the management of clementinus occurrences rangewide habitat in areas designated by the fire. Although the threat is ameliorated both now and into the future. Service to be critical. Critical habitat has through implementation of the MOFMP, Factor B. Overutilization for not been designated or proposed for this fire management remains a threat to M. taxon. A jeopardy determination is clementinus, particularly to the three Commercial, Recreational, Scientific, or Educational Purposes made for a project that is reasonably occurrences that fall within areas that expected, either directly or indirectly, to may be managed using fuel breaks and In the listing rule (42 FR 40682; appreciably reduce the likelihood of fire suppression. August 11, 1977), the Service did not both the survival and recovery of a identify any threats from Summary of Factor A listed species in the wild by reducing its overutilization, and there is no new reproduction, numbers, or distribution From 1850 until 1934, San Clemente information to indicate that (50 CFR 402.02). A non-jeopardy Island was used for sheep ranching, overutilization is a threat to opinion may include reasonable and cattle ranching, goat grazing, and pig Malacothamnus clementinus. Although prudent measures that minimize the farming (Navy 2002, pp. 3–4). The herbarium specimens of M. clementinus extent of impacts to listed species effects of these grazers, which were not and seeds have been collected for associated with a project. Under section completely removed from the island research and seed banking, 9(a)(2) of the Act, with respect to until 1992, on the habitat and plants overutilization of M. clementinus for endangered plant taxa, it is unlawful to were one of the original reasons for any purpose is not currently considered remove and reduce to possession classifying Malacothamnus clementinus a threat nor is expected to be in the (collect) any such taxon from areas as endangered in the 1977 listing rule future. under Federal jurisdiction; maliciously (42 FR 40682); this threat is now damage or destroy any such taxon on eliminated. Currently, M. clementinus is Factor C. Disease or Predation any such area; or remove, cut, dig up, threatened by the destruction and Grazing of feral goats and the rooting or damage or destroy any such species modification of habitat caused by of feral pigs was considered a threat on any other area in knowing violation impacts related to designated land use, under this category to Malacothamnus of any law or regulation of any State or erosion, the spread of nonnative plants, clementinus in the final listing rule (42 in the course of any violation of a State fire, and fire management practices. To FR 40682, at 40684; August 11, 1977). criminal trespass law. help ameliorate these threats, the Navy This threat was ameliorated by the is implementing a MOFMP and the removal of the goats and pigs from San Since it was first listed in 1977, the island-wide control of nonnative plants Clemente Island in 1992, as recognized Navy has consulted and coordinated as outlined in the INRMP (Navy 2002, in our 2007 status review (USFWS with us regarding the effects of various pp. 3–114–3–116; USFWS 2008, pp. 1– 2007a, p. 16). Currently, no other activities on Malacothamnus 237). The fire management plan within predators or diseases on San Clemente clementinus, Acmispon dendroideus the MOFMP has been used to inform Island are known to pose a significant var. traskiae, and Castilleja grisea. In strategic decisions for training using live threat to M. clementinus, nor are they November 2008, we completed a fire or incendiary devices. Three expected to in the future. biological opinion describing the impact occurrences within the Impact Areas are of the Navy’s military training program now closed to natural resource Factor D. Inadequacy of Existing proposed in the MOFMP on 11 federally monitoring and management, and Regulatory Mechanisms listed species that occur on San currently their status is unknown; a The Act requires us to examine the Clemente Island (USFWS 2008, pp. 1– fourth occurrence (Lemon Tank) is also adequacy of existing regulatory 237). We considered the status and closed but is not within the Impact mechanisms with respect to those distribution of M. clementinus, the Areas. existing and foreseeable threats that may various management strategies, and the Per our 2008 biological opinion, the affect Malacothamnus clementinus. The avoidance and minimization measures Navy has postponed major troop and inadequacy of existing regulatory in place and those the Navy will assault vehicle maneuvers across the mechanisms was not indicated as a implement with the new plan (as well island until it completes and threat to M. clementinus at listing (42 as A. d. var. traskiae and C. grisea). implements an erosion control plan FR 40682; August 11, 1977). Since it Additionally, the Service made (USFWS 2008, pp. 62, 87). Natural was listed as endangered, the Act has conservation recommendations within resource managers have been successful been and continues to be the primary the biological opinion, including: (1) at decreasing the prevalence of Federal law that affords protection to M. Considering recommended actions from particularly destructive nonnatives, clementinus, Acmispon dendroideus the 5-year review in the upcoming such as Foeniculum vulgare. var. traskiae, and Castilleja grisea. The revision of the INRMP, and (2) Management actions directed at Service’s responsibilities in propagation and outplanting of conservation of Malacothamnus administering the Act include sections narrowly distributed, listed plant clementinus may not be fully 7, 9, and 10. species. We concluded that ongoing and implemented at 4 of the 11 known Section 7(a)(1) of the Act requires all likely impacts from the proposed occurrences (Lower China Canyon, Federal agencies, including the Navy, to increases in military training activities Upper China Canyon, Horse Beach utilize their authorities in furtherance of would not jeopardize the continued Canyon, and Lemon Tank Canyon) the purposes of the Act by carrying out existence of M. clementinus, A. d. var. currently closed to natural resource programs for the conservation of traskiae, and C. grisea (USFWS 2008, access. This will reduce and fragment endangered and threatened species. pp. 1–237).

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29106 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Thus, listing Malacothamnus Sikes Act Improvement Act (Sikes Act) clementinus management: removal of clementinus provided a variety of The Sikes Act (16 U.S.C. 670) nonnatives, restoration of native plant protections, including the prohibitions authorizes the Secretary of Defense to communities, monitoring of the species, against removing or destroying plants develop cooperative plans with the studies of the species’ response to fire, within areas under Federal jurisdiction Secretaries of Agriculture and the and studies and inventory of insect and the conservation mandates of Interior for natural resources on public pollinators (Navy 2002, pp. D–20, D– section 7 for all Federal agencies. If M. lands. The Sikes Act Improvement Act 21). Other INRMP strategies that target clementinus were not listed, these of 1997 requires Department of Defense the plant communities within which the protections would not be provided. installations to prepare Integrated three species occur include: controlling erosion, with priority given to locations Thus, we must evaluate whether other Natural Resources Management Plans where erosion may be affecting listed regulatory mechanisms would provide (INRMPs) that provide for the species; producing a new vegetation adequate protections absent the conservation and rehabilitation of map; reducing nonnative plant cover protections of the Act. natural resources on military lands from 1992–1993 baseline levels; consistent with the use of military Other Federal Protections managing the size and intervals of fires; installations to ensure the readiness of experimenting with fire management to National Environmental Policy Act the Armed Forces. An INRMP is a plan improve native plant dominance while (NEPA) intended ‘‘* * * to guide installation protecting sensitive plant occurrences; commanders in managing their natural All Federal agencies are required to and conducting genetic and biological resources in a manner that is consistent studies of M. clementinus, Acmispon adhere to the National Environmental with the sustainability of those Policy Act (NEPA) of 1970 (42 U.S.C. dendroideus var. traskiae, and Castilleja resources while ensuring continued grisea across the island. 4321 et seq.) for projects they fund, support of the military mission’’ (Navy authorize, or carry out. The Council on To date, multiple INRMP management 2002, p. 1–1). INRMPs are developed in strategies, or aspects of them, have been Environmental Quality’s regulations for coordination with the State and the implemented. The Navy has implementing NEPA (40 CFR parts Service, and are generally updated every implemented rare plant surveys and has 1500–1518) state that agencies shall 5 years. Although an INRMP is documented new occurrences of include a discussion on the technically not a regulatory mechanism Malacothamnus clementinus, Acmispon environmental impacts of the various because its implementation is subject to dendroideus var. traskiae, and Castilleja project alternatives (including the funding availability, it is an important grisea on the island. Genetic research proposed action), any adverse guiding document that helps to integrate and natural history studies have also environmental effects that cannot be natural resource protection with been performed. Concerted efforts have avoided, and any irreversible or military readiness and training. been made to control escape of fire from irretrievable commitments of resources San Clemente Island Integrated Natural military training activities, and the Navy involved (40 CFR part 1502). The NEPA Resources Management Plan (INRMP) has annually implemented nonnative is a disclosure law, and does not require plant species control activities, with a subsequent minimization or mitigation Pursuant to the Sikes Act, the Navy focus on species that have the potential measures by the Federal agency adopted an INRMP for San Clemente to compete with listed species. Overall, involved. Although Federal agencies Island that targets multiple objectives considerable progress has been made may include conservation measures for towards protection of Malacothamnus toward the identified INRMP goals to Malacothamnus clementinus as a result clementinus and its habitat, and helps to maintain sustainable occurrences and of the NEPA process, any such measures reduce threats to this taxon (Navy 2002). implement strategies that help reduce are typically voluntary in nature and are The INRMP includes provisions to threats to M. clementinus, A. d. var. not required by the statute. NEPA does comply with the Endangered Species traskiae, and C. grisea. not itself regulate activities that might Act, the Comprehensive Environmental The INRMP is an important guiding affect M. clementinus, but it does Response, Compensation, and Liability document that helps to integrate the require full evaluation and disclosure of Act (42 U.S.C. 9601), the Resources military’s mission with natural resource information regarding the effects of Conservation and Recovery Act (42 protection on San Clemente Island. contemplated Federal actions on U.S.C. 6901), the Federal Noxious Weed Although the INRMP includes sensitive species and their habitats. Act of 1974 (7 U.S.C. 2801), and the Soil objectives targeted toward habitat Conservation Act (16 U.S.C 3B). Goals protection of optimal Malacothamnus On San Clemente Island, the Navy and objectives in the INRMP for Clementinus, Acmispon dendroideus must meet the NEPA requirements for specified management units on the var. traskiae, and Castilleja grisea actions significantly affecting the island are identified based on each habitat, Navy operational needs may quality of the human environment. unit’s ranking for both military and diverge from INRMP natural resource Typically, the Navy prepares natural resource value. Natural resource goals. For example, control measures for Environmental Assessments and management objectives for the erosion, fire, and nonnatives described Environmental Impact Statements on management units are stepped down in the INRMP may not be implemented operation plans and new or expanding from broader natural resource objectives effectively or consistently in those areas training actions. Absent the listing of M. identified for species and habitats. Of that are operationally closed due to the clementinus, we would expect the Navy relevance to the protection of M. presence of unexploded ordnance. The to continue to meet the procedural clementinus, the INRMP includes an MOFMP, Erosion Control Plan, and requirements of NEPA for its actions, objective to: ‘‘Protect, monitor, and nonnative plant species control including evaluating the environmental restore plants and cryptograms in order conducted on the island are discussed impacts to rare plant species and other to manage for their long-term above under Factor A. The Present or natural resources. However, as sustainability on the island’’ (Navy Threatened Destruction, Modification, explained above, NEPA does not itself 2002, p. 4–39). or Curtailment of Its Habitat or Range. regulate activities that might affect M. The INRMP specifically includes the Absent listing under the Act, the Navy clementinus. following objectives for Malacothamnus would still be required to develop and

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29107

implement INRMPs under the Sikes Act. Factor E. Other Natural or Manmade beach (USFWS 2008, pp. 30, 41). These However, as noted under the other Factors Affecting Its Continued operations could affect the Horse Beach factors, while the INRMP helps to Existence Canyon and Lower China Canyon ameliorate threats and provides some The 1977 listing rule identified occurrences (USFWS 2008, pp. 85–86). The implementation of conservation protection for M. clementinus nonnatives as a threat to measures and the status of the plants at occurrences, those occurrences within Malacothamnus clementinus under Horse Beach Canyon, Upper and Lower Impact Areas or operationally closed Factor E: competition from nonnative China Canyon, and Lemon Tank Canyon areas may not benefit from the plants (42 FR 40682; August 11, 1977). are currently unknown because they are conservation measures. While the In this 5-factor analysis, impacts from closed to natural resource personnel INRMP has reduced the severity of nonnative plants are discussed above threats and contributed to conservation (USFWS 2008, p. 50). Four of 11 under Factor A as a threat to habitat. of the species, it still allows for land use occurrences (36 percent; Lower China Other Factor E threats identified since consistent with military readiness and Canyon, Upper China Canyon, Horse listing that currently impact M. training. Thus, Navy activities will Beach Canyon, and Lemon Tank clementinus plants include: (1) continue to impact M. clementinus as Canyon) are partially or wholly within Movement of vehicles and troops, (2) described under Factor A. the boundaries of a training area (Impact fire, (3) climate change, and (4) genetic Area or SWAT) and are likely to sustain State Protections diversity. Factor E addresses threats to some losses due to trampling associated Since the time of listing, individuals of the species, rather than with the proposed increases in troop Malacothamnus clementinus has the habitat modification threats that are and vehicle movements. With the lack benefited from additional State discussed in Factor A. Therefore, while of access to all four occurrences, the protections under the Native Plant some threats are discussed in both management of this threat and the Protection Act (NPPA) and California sections, in this section we are focusing ability to assess the plant’s condition is Endangered Species Act (CESA; listed on the direct impacts to individuals of compromised, and the full effects of 1982). However, the range of M. M. clementinus. trampling on the species are unknown. clementinus is restricted to a Federal Movement of Vehicles and Troops Therefore, the movement of troops and military installation, so listing under vehicles is still considered a threat to M. NPPA and CESA may only afford Military training activities within clementinus. protection to this species in rare SWAT, TAR, and the IOA often entail instances when the lead agency is a the movement of vehicles and troops Fire non-Federal agency or when proposed over the landscape with the potential of Although not specifically mentioned activities fall under other State laws. trampling or crushing individual plants in the listing rule, intense or frequent of all three species. SWATs are large fires impact plants at 6 of the 11 Summary of Factor D areas that typically support the occurrences (54 percent) of In continuance of a long history of movement of small groups to reach an Malacothamnus clementinus. In the cooperative conservation efforts, the objective or destination. The dispersed Factor A discussion above, we Navy has implemented several movement of troops through these areas addressed impacts of fire on the habitat. conservation actions that benefit this is likely to result in occasional This section includes discussion on the taxon. The Navy has a MOFMP to trampling of plants, with minor or discrete threat to individuals of M. reduce the risk of fire on the island and temporary impacts at the occurrence clementinus. As discussed in the a nonnative plant species control level. TARs are generally smaller areas Background section, it is unknown if M. program. Following review of the designated to accommodate intensive clementinus is adapted to fire, though it Navy’s MOFMP, we issued a non- use and bombardment. Plants located is likely that this species is resilient to jeopardy biological opinion, which within TARs are therefore more occasional fires (USFWS 1984. p. 48; included measures that the Navy has vulnerable to being trampled by vehicle Navy 2002, D–20; USFWS 2007a, p. 3). implemented to manage fires and avoid and troop movements, particularly as No direct studies have been done on the and minimize the impacts of military the level of military training increases in effects of fire on M. clementinus; activities on listed plants. The these areas. however, its continued presence in provisions included in the San Use of the IOA, at its highest areas that have burned (such as in Clemente Island INRMP provide intensity, involves the movement of SHOBA), and its ability to vegetatively protection to accessible Malacothamnus battalion-sized landings of troops (1,500 reproduce, suggest it is at least tolerant clementinus occurrences, and adaptive individuals) from the northern to of periodic fire. The species’ adaptation management of their habitat, to help southern end of the island several times to fire frequency is unknown. In areas address threats from military activities a year. During such operations, it is that burn on a more frequent basis, the and nonnative plants. However, as anticipated that about half of the troops seed bank may become depleted if indicated in the discussion under Factor will travel on roads in vehicles, while individuals burn before they produce A, not all of the management tools the other half will proceed on foot. seeds. Additionally, M. clementinus was described in the INRMP are in place, Based on the distribution of observed to have low numbers of seeds and conservation measures may not be Malacothamnus clementinus in natural populations (Junak and implemented at several of the closed occurrences and type of troop Wilken 1998, p. 291). Frequent burns occurrences of the species. movements likely to occur, impacts due might exhaust the already small seed Malacothamnus clementinus to trampling and crushing are likely to bank, and inhibit reproduction in M. occurrences are afforded some occur within the IOA, along roads and clementinus. protection through Federal and military in the Impact Areas. Specifically, major Malacothamnus clementinus occurs mechanisms. However, in the absence of troop movements and vehicle landings in some areas of the island that may the Act, the existing regulatory are planned through Horse Beach and experience elevated fire frequency, such mechanisms are not currently adequate the Horse Beach Canyon occurrence, as in SHOBA and especially within the to provide for the long-term with troops and assault vehicles moving Impact Areas (Lower China Canyon, conservation of M. clementinus. north along Horse Beach Road from the Upper China Canyon, and Horse Beach

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29108 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Canyon) (see Factor A above). The in greenhouse gas concentrations in the that the species is in danger of Navy’s fire management practices are atmosphere as a result of human extinction, or likely to become so, expected to minimize ignitions as well activities, particularly emissions of throughout all or a significant portion of as the spread of fires (see Factor A). carbon dioxide from fossil fuel use its range. If a species is listed as However, fires ignited within the (IPCC 2007a, p. 5 and Figure SPM.3; threatened or endangered, knowledge boundaries of the Impact Areas will not Solomon et al. 2007, pp. 21–35). regarding the species’ vulnerability to, be suppressed due to closures and safety Therefore, to project future changes in and impacts from, climate-associated restrictions within these areas. This temperature and other climate changes in environmental conditions would affect the three occurrences of M. conditions, scientists use a variety of can be used to help devise appropriate clementinus found within these areas. climate models (which include strategies for its recovery. The Navy conducts annual reviews of consideration of natural processes and While projections from global climate fire management and fire occurrences to variability) in conjunction with various model simulations are informative and allow for adaptive management. These scenarios of potential levels and timing in some cases are the only or the best measures should minimize the of greenhouse gas emissions (e.g., Meehl scientific information available, various frequency and spread of fires that could et al. 2007 entire; Ganguly et al. 2009, downscaling methods are being used to result in the loss of M. clementinus pp. 11555, 15558; Prinn et al. 2011, pp. provide higher-resolution projections individuals or occurrences. The Navy’s 527, 529). that are more relevant to the spatial ongoing implementation of the MOFMP The projected magnitude of average scales used to assess impacts to a given will limit the frequency with which global warming for this century is very species (see Glick et al, 2011, pp. 58– fires escape Impact Areas and TAR, and similar under all combinations of 61). With regard to the area of analysis that, through the annual review process, models and emissions scenarios until for the San Clemente Island and the Navy will identify mechanisms to about 2030. Thereafter, the projections specifically for the three species at issue reduce fire return intervals in areas not show greater divergence across here, downscaled projections are designated for incendiary use (USFWS scenarios. Despite these differences in available at least with respect to 2008, pp. 76–91). projected magnitude, however, the southern California. Although the Navy has planned and overall trajectory is one of increased San Clemente Island is located within implemented fire management, fire still warming throughout this century under a Mediterranean climatic regime, but affects six occurrences of all scenarios, including those which with a significant maritime influence. Malacothamnus clementinus. Three of assume a reduction of greenhouse gas these occurrences fall within areas that emissions (Meehl et al. 2007, pp. 760– Climate change models indicate a 1.8 to are closed to natural resources 764; Ganguly et al. 2009, pp. 15555– 5.4 degrees Fahrenheit (1 to 3 degrees management and prone to fire due to 15558; Prinn et al. 2011, pp. 527, 529). Celsius) increase in average temperature bombing of the area. Therefore, fires (For examples of other global climate for southern California by the year 2070 within these areas are allowed to burn, projections, see IPCC 2007b, p. 8). (Field et al. 1999, p. 5; Cayan et al. affecting the individuals and Various types of changes in climate 2008, p. S26; PRBO 2011, p. 40). Over occurrences. Due to these conditions can have direct or indirect effects on the same time span, a 10 to 37 percent and the continued impacts of fire within species and these may be positive or decrease in annual precipitation is SHOBA, fire remains a Factor E threat negative depending on the species and predicted (PRBO 2011, p. 40), though to the existence of M. clementinus both other relevant considerations, including other models predict little to no change currently and in the future. interacting effects with existing habitat in annual precipitation (Field et al. fragmentation or other non-climate 1999, pp. 8–9; Cayan et al. 2008, p. S26). Climate Change variables. There are three main Although the island has a short rainy Consideration of climate change is a components of vulnerability to climate season, the presence of fog during the component of our analyses under the change: Exposure to changes in climate, summer months helps to reduce drought Endangered Species Act, and applies in sensitivity to such changes, and stress for many plant species (Halvorson this finding to our analysis of all three adaptive capacity (IPCC 2007, p. 89; et al. 1988, p. 111; Fischer et al. 2009, taxa. In general terms, ‘‘climate change’’ Glick et al 2011, pp. 19–22). Because p. 783). However, fog projections remain refers to a change in the state of the aspects of these components can vary by uncertain (Field et al. 1999, pp. 21–22). climate (whether due to natural species and situation, as can There is also substantial uncertainty in variability, human activity, or both) that interactions among climatic and non precipitation projections, and relatively can be identified by changes in the climatic conditions, there is no single little consensus concerning mean or variability of its properties, and way to conduct our analyses. We use the precipitation patterns and projections that persists for an extended period— best scientific and commercial data for southwestern California (PRBO 2011, typically decades or longer available to identify potential impacts p. 40). San Clemente Island typically (Intergovernmental Panel on Climate and responses by species that may arise gets less rainfall than the neighboring Change (IPCC) 2007a, p. 78). in association with different mainland areas (Tierra Data 2005, p. 4). Changes in climate are occurring. components of climate change, Therefore, the models may Examples include warming of the global including interactions with non climatic underestimate the effects of climate system over recent decades, and conditions. precipitation changes on island substantial increases in precipitation in As is the case with all potential vegetation. Additionally, some regions of the world and decreases threats, if a species is currently affected Malacothamnus clementinus typically in other regions (for these and other or is expected to be affected in a occurs on the western side of the island, examples see IPCC 2007a, p. 30; negative way by one or more climate- which is a less productive and drier Solomon et al. 2007, pp. 35–54, 82–85). related impacts, this does not climate (Tierra Data 2005, p. 7). Less Most of the observed increase in necessarily mean the species meets the rainfall and warmer air temperatures global average temperature since the definition of a threatened or endangered could limit the range of M. clementinus, mid-20th century cannot be explained species as defined under the Act. The although there is no direct research on by natural variability in climate, and is impacts of climate change and other the effects of climate change on the very likely due to the observed increase conditions would need to be to the level species.

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29109

The impacts of predicted future Malacothamnus clementinus M. clementinus may be threatened by climate change to Malacothamnus occurrences have low seed production, low genetic diversity and small clementinus remain unclear. The best suggesting the existence of a self- population size. The threats described available information does not provide incompatibility mechanism (Helenurm here affect all of the occurrences of M. sufficient certainty on how and when 1997, p. 50; Junak and Wilken 1998, p. clementinus both now and in the future; climate change will affect the species, 291; Helenurm 1999, p. 39). Low seed therefore, these threats also affect its the extent of average temperature production may also be the result of low recovery. pollinator visitation and, in increases in California, or potential Combination of Factors— combination with low genetic diversity, changes to the level of threat posed by Malacothamnus clementinus fire on San Clemente Island. The most could contribute to observed low recent literature on climate change recruitment in populations (Huenneke A species may be affected by more includes predictions of hydrological 1991, pp. 37–40; Junak and Wilken than one threat in combination. Within changes, higher temperatures, and 1998, p. 291; Helenurm 1999, pp. 39– the preceding review of the five listing expansion of drought areas (IPCC 2007a, 40). Although studies show that patches factors, we have identified multiple pp. 1–18). While we recognize that of plants are not made up of a single threats that may have interrelated climate change is an important issue clonal individual (clump of genetically impacts on Malacothamnus clementinus with potential effects to listed species identical stems resulting from vegetative (these interrelated impacts also occur and their habitats, the best available reproduction), it is still possible that for Acmispon dendroideus var. traskiae information does not inform accurate patches comprise closely related and Castilleja grisea). For example, fires predictions regarding its impacts to M. individuals that share alleles controlling (Factor A and E) may be more intense Clementinus at this time. their ability to successfully reproduce or frequent in the habitat if there are with each other (Helenurm 1999, pp. greater amounts of nonnative grass Genetic Diversity 39–40). Although this species has (Factor A) present in the vegetative community. Similarly, fires (Factor A As discussed in the Background apparently expanded its range from that and E) also may become more frequent section, Malacothamnus clementinus known at the time of listing and if the climate changes (Factor E) into a has low genetic variability when persisted through habitat disturbance, it drier, hotter environment. The compared with other island endemic may still remain susceptible to movement of troops and vehicles plant species (Helenurm 1999, p. 40). extirpation from low genetic variation (Factor E) and land use (Factor A) can This lack of diversity could hinder the and genetic drift. A reduction in also create more disturbance and species’ ability to persist through a occurrence size through years of grazing erosion (Factor A) in M. clementinus’ fluctuating environment or stochastic could have substantially lowered habitat (as well as A. d. var. traskiae and event. Although the number of known genetic variation (Helenurm 2005, p. C. grisea habitat). The historical past on occurrences of M. clementinus has 1221), which could decrease genetic fitness and compromise the species’ San Clemente is an illustration of increased from 3 to 11 since its listing, interacting threats: Nonnative there appears to be little gene flow ability to adapt to stochastic events (Huenneke 1991, p. 40). The apparent herbivores (Factor C) ate and killed among occurrences, and each comprises much of the vegetation, causing greater a relatively small number of genetically loss of genetic diversity resulting in current low genetic variation and low impacts of erosion (Factor A) on the distinct individuals (Junak and Wilken island. Thus, the species’ productivity 1998, p. 290; Helenurm 1999, p. 39). recruitment constitute a species and rangewide threat to M. clementinus. may be reduced because of these threats, Genetic fitness typically decreases with either singularly or in combination. decreasing genetic variation and Summary of Factor E However, it is not necessarily easy to population size (Leimu et al. 2006, p. Threats associated with trampling determine (nor is it necessarily 942). Specifically, small population size from military activities, fire, climate determinable) whether a particular and low levels of genetic interchange change, and low genetic diversity threat is the primary threat having the make M. clementinus occurrences continue to impact Malacothamnus greatest effect on the viability of the particularly vulnerable to inbreeding clementinus at all of the 11 occurrences species, or whether it is exacerbated by depression and loss of genetic on San Clemente Island. Trampling and or working in combination with other variability due to genetic drift (the crushing of individual plants are likely threats to have cumulative or synergistic change in the frequency of appearance to increase at four occurrences (36 effects on the species. While the of a gene in a population of organisms percent) in association with increased combination of factors is a threat to the due to chance or random events) training levels on the island. However, existence of M. clementinus, we are (Ellstrand and Elam 1993, p. 217). this taxon has expanded its distribution unable to determine the magnitude or Genetic analysis suggests that M. on the island and the Navy is extent of cumulative or synergistic clementinus has very low genetic implementing conservation measures effects of the combination of factors on variation at both the species and that will improve conditions for M. the viability of the species at this time. population levels (Helenurm 1997, p. clementinus. Military training activities 50; Helenurm 1999, p. 39), even far have the potential to ignite fires within Acmispon dendroideus var. traskiae below average when compared to other occurrences or that spread to habitat (San Clemente Island lotus) endemic plant species (Helernurm 1999, supporting this species. In preparation In the 2007 status review, we p. 39). Low genetic variation may affect for these training efforts, the Navy acknowledged that the predominant the ability of occurrences to adjust to implemented a MOFMP to limit the threat at listing (grazing and rooting novel or fluctuating environments, frequency of fires escaping from the from feral herbivores) was ameliorated survive stochastic events, or maintain Impact Areas, although suppression with the removal of goats and pigs from high levels of reproductive performance likely will not occur within the the island in 1992 (USFWS 2007b, pp. (Huenneke 1991, p. 40). This constitutes boundaries of the Impact Areas. Climate 1–22). Threats to Acmispon a species and rangewide threat for change may also likely influence M. dendroideus var. traskiae identified in which there is no immediate solution or clementinus, though the effects are the 2007 status review include: (1) amelioration. largely unknown. The genetic fitness of Erosion, (2) nonnative species, (3) fire,

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29110 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

(4) land use, (5) access to SHOBA, and training impacts. Large-scale troop outside of heavily impacted training (6) hybridization. Impacts from erosion, movements are less likely in this area, areas. Though five occurrences (17 nonnatives, fire, and land use are because of the extreme slope of the percent; Wilson Cove, Canchalagua discussed below under Factor A, and escarpment. Training impacts may Canyon, Middle Island Plateau, North hybridization is discussed under Factor become difficult to assess and manage Mosquito Cove, and Eagle Canyon) are E below. As discussed above, access to with the recent closure of the eastern partially or wholly within the SHOBA is not considered a threat, escarpment due to unexploded boundaries of an IOA or TAR, many of though it limits our ability to assess all ordnance. the impacts to these occurrences would occurrences of the taxon reviewed here. Four of 29 of A. d. var. traskiae be diffuse, and are unlikely to have a occurrences (14 percent; Canchalagua high impact on the species’ habitat. Factor A. The Present or Threatened Canyon, Middle Island Plateau, North Although land use is likely to impact A. Destruction, Modification, or Mosquito Cove, and Eagle Canyon) are d. var. traskiae habitat, the Navy has Curtailment of Its Habitat or Range within or partially within the IOA and demonstrated its commitment to help The final listing rule (42 FR 40682; may experience direct impacts, while conserve and manage listed species on August 11, 1977) identified the nine occurrences (31 percent; Upper the island. Land use appears to pose a following threats to Acmispon Middle Ranch Canyon, Warren Canyon, high-magnitude threat to the habitat of dendroideus var. traskiae: Habitat Horton Canyon, Upper Wallrock a small percentage of the occurrences of alteration and destruction, competition Canyon, Tota Canyon, Lemon Tank A. d. var. traskiae on San Clemente from nonnative species, and direct Canyon, Larkspur Canyon, Chamish Island. predation caused by nonnative Canyon, and North Island Terraces) are herbivores (goats and pigs). The within 1,000 ft (305 m) of the IOA, and Erosion vegetation on San Clemente Island has could experience diffuse or accidental Erosion and associated soil loss rebounded, and the status of many rare impacts associated with troop caused by browsing of feral goats and plant occurrences, including A. d. var. movement. These areas near the IOA are rooting of feral pigs likely modified the traskiae, has improved with the final at less risk of disturbance than the island’s habitat (Navy 2002, p. 1–14). removal of herbivores in 1992 (Junak occurrences within the IOA, and would Defoliation from overgrazing increased and Wilken 1998, p. 18; Junak 2006a, only be likely to sustain diffuse or erosion over much of San Clemente pers. comm.). Although the principle accidental impacts to the habitat. While Island. In the INRMP, erosion was threat to A. d. var. traskiae identified in the increase in military training could identified as a threat to the canyon the final listing rule has been affect the species, the Navy through woodland habitat and maritime desert eliminated, erosion as a result of implementation of the INRMP will scrub where Acmispon dendroideus var. overgrazing and invasive nonnative avoid and minimize impacts to traskiae occurs (Navy 2002, p. 4–3). plants remain ongoing threats to habitat individuals or occurrences of A. d. var. Gullying and other processes may of A. d. var. traskiae. Habitat alteration traskiae (as a rare plant species), to the concentrate surface runoff to unnatural and disturbance from the Navy’s use of extent practicable while meeting levels, leading to accelerated erosion in the island for military operation and operational needs (Navy 2002, p. 1–2) the canyons below (Tierra Data Inc. training were identified as additional (see above discussion on Land Use 2007, p. 6). Acmispon dendroideus var. threats to the habitats occupied by A. d. under Malacothamnus clementine— traskiae occurs within steep canyon var. traskiae in the Recovery Plan and Factor A). areas where such concentration of flows the 2007 status review (USFWS 1984, Because of the taxon’s close proximity may be a threat to its habitat or range. pp. 58–63; USFWS 2007b, pp. 11, 12). to Navy facilities, military activities Although more vegetative cover is Additional threats recognized since have the potential to impact habitat at now present than at the time of listing, listing include land use by military one of the largest known occurrences of erosion is still a threat to the recovery training activities, and fire. As outlined Acmispon dendroideus var. traskiae, of Acmispon dendroideus var. traskiae, below, we discuss impacts of the near Wilson Cove. All construction, especially in areas where it grows in following threats that affect the habitat maintenance, and training activities in close proximity to roads. The Navy or range of A. d. var. traskiae: (1) Land the Wilson Cove area go through a site studied the potential for erosion from use, (2) erosion, (3) nonnative plants, approval request process. Through this several proposed military activities and (4) fire. process, the areas are assessed to see if (Tierra Data Inc. 2007, pp. 1–45, the activities will potentially impact any Appendices). Increased military Land Use listed species, including A. d. var. activities, especially where the taxon is Eight of 29 Acmispon dendroideus traskiae. Part of this occurrence is located within training area boundaries var. traskiae occurrences (28 percent; within a TAR where tactical training (IOA), are expected to cause erosion Eagle Canyon, Bryce Canyon, North and movement are projected to occur, through soil compaction or other soil Mosquito Cove, Canchalagua Canyon, possibly causing habitat damage disturbances in occupied habitat areas Thirst Canyon, Cave Canyon, Horse through troop traffic (USFWS 2008, pp. associated with roadways or vehicle Canyon, and Pyramid Head) occur 119–120). Work was done recently at maneuver areas (Tierra Data Inc. 2007, within SHOBA, where impacts are more Wilson Cove that affected A. d. var. p. 12). Four of 29 A. d. var. traskiae likely. Most of the land area of the traskiae, and the Navy assessed the occurrences (14 percent; Middle Island SHOBA serves as a buffer from the impact to be a loss of habitat occupied Plateau, Canchalagua Canyon, North Impact Areas, although military training by 50 plants. The Navy worked to Mosquito Cove, and Eagle Canyon) are in parts of SHOBA could result in salvage plant material and outplant back within or partially within the IOA, and habitat alteration due to OHV and large- to the site. Thus far, this outplanting has are likely to be further impacted by scale troop movements through the been successful, the habitat has erosion (Table 1). Three of these military impact and training areas (IOA rebounded, and more plants are present occurrences (Canchalagua Canyon, and AVMA). Most of the occurrences in the area than before the work was North Mosquito Cove, and Eagle within SHOBA are located along the done (Munson 2011a, pers. comm.). Canyon) are along the eastern eastern escarpment, which should Twenty-four of 29 occurrences (83 escarpment, which has recently been provide a level of protection from percent) of A. d. var. traskiae are located closed to biological monitoring due to

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29111

unexploded ordnance. The threat of will address military operations wet years (see Factor A—Fire section erosion to this area will be difficult to associated with the IOA, AVMA, and below). assess if the closure remains into the AFP; however, since the plan is not yet Although previous invasions of future. Nine of 29 occurrences (31 finalized, it does not currently nonnatives probably occurred through percent; Upper Middle Ranch Canyon, ameliorate the noted threats from introductions in grazing fodder, current Warren Canyon, Horton Canyon, Upper erosion. nonnative species invasions are Wallrock Canyon, Tota Canyon, Lemon The processes and results of erosion typically introduced by military Tank Canyon, Larkspur Canyon, are threats to the habitat of Acmispon activities and training on the island. Chamish Canyon, and Northern Island dendroideus var. traskiae, particularly Nonnative plants constitute a rangewide Terraces) are near the IOA (within 1,000 to 17 of 29 occurrences (59 percent; threat to the habitat of all native plants ft (305 m)), and could experience Middle Island Plateau, Canchalagua on San Clemente Island, including all erosion from nearby training activities. Canyon, North Mosquito Cove, Eagle Roads can concentrate water flow occurrences of Acmispon dendroideus Canyon, Upper Middle Ranch Canyon, var. traskiae. Nine of 29 occurrences (31 causing incised channels and erosion of Warren Canyon, Horton Canyon, Upper slopes (Forman and Alexander 1998, pp. percent; Eel Cove Canyon, Seal Cove Wallrock Canyon, Tota Canyon, Lemon Terraces, Lemon Tank Canyon, Wilson’s 216–217). This increased erosion Tank Canyon, Larkspur Canyon, around roads can degrade habitat, Cove, North Wilson’s Cove, Upper Chamish Canyon, North Island Terraces, Middle Ranch Canyon, Eagle Canyon, especially along the steep canyons Eel Cove Canyon, Seal Cove Terraces, associated with the eastern escarpment North Mosquito Cove, and Canchalagua Wilson Cove, and North Wilson Cove) Canyon) are within 500 ft (152 m) of of the island. Nine of 29 Acmispon that are within an IOA, within 1,000 ft dendroideus var. traskiae occurrences roads on the island, and may be subject (305 m) of an IOA, or within 500 ft (152 to diffuse disturbance and road effects (31 percent; Eel Cove Canyon, Seal Cove m) of a road. Erosion may lead to overall Terraces, Lemon Tank Canyon, Wilson’s that degrade habitat quality along the habitat degradation and the loss of road (Forman and Alexander 1998, p. Cove, North Wilson’s Cove, Upper individuals or groupings of plants in a Middle Ranch Canyon, Eagle Canyon, 217). Roadsides tend to provide given area. However, this taxon has North Mosquito Cove, and Canchalagua conditions (high disturbance, seed persisted despite current levels of Canyon) are within 500 ft (152 m) of a dispersal from vehicles, ample light and erosion. The processes and results of road on the island (Forman and water) preferable to nonnative species erosion are island-wide threats to the Alexander 1998, p. 217). These (Forman and Alexander 1998, p. 210). habitat or range of A. d. var. traskiae, occurrences could be subject to diffuse particularly to the 17 occurrences in or Potential impacts from nonnative disturbance and road effects that adjacent to military training areas or plants are minimized through annual degrade habitat quality. The largest roads. Therefore, erosion is still implementation of the Navy’s island- known occurrence of A. d. var. traskiae, considered a threat to the existence of wide nonnative plant control program Wilson Cove, occurs on gradual or steep A. d. var. traskiae. (O’Connor 2009b, pers. comm.; Munson slopes where erosion is evident (USFWS 2011a, pers. comm.). The focus of the 2008, p. 117). Military activities in this Nonnative Species nonnative plant species program is to area have the potential to adversely control plants on the island with the affect the species habitat due to the One of the threats to Acmispon dendroideus var. traskiae identified in potential to adversely impact habitat of species’ proximity to Navy facilities and federally listed species (see above the level of human activity and traffic in the final listing rule is the spread of nonnative plants into its habitat (42 FR discussion on Nonnative Species under the area. Factor A—M. clementinus). Although The Navy incorporates erosion control 40682). Nonnative plants can diminish the abundance or survival of native nonnative plants will continue to pose measures into all site feasibility studies a risk to the habitat or range of and project planning, design, and species by altering natural ecosystem processes such as fire regimes, nutrient Acmispon dendroideus var. traskiae, the construction to minimize the potential Navy has taken steps to curtail habitat to exacerbate existing erosion and avoid cycling, hydrology, and energy budgets, and plant community alteration from impacts to listed species (Munson and competing with them for water, nonnative plants. To reduce the 2011a, pers. comm.). The INRMP space, light, and nutrients (Zink et al. potential for transport of nonnative requires that all projects include erosion 1995, p. 307; Brooks 1999, pp. 16–17; plants to the island, military and conservation work and associated Mack et al. 2000, p. 689). Nonnative nonmilitary personnel inspect tactical funding (Navy 2002, p. 4–89). These species of particular concern include ground vehicles and remove any visible conservation actions include best Avena barbata (slender oat), Bromus plant material, dirt, or mud prior to management practices for construction spp., Foeniculum vulgare, and Brassica going on San Clemente Island (USFWS and engineering, choosing sites that are tournefortii, which have already 2008, p. 63). This precaution helps to capable of sustaining disturbance with invaded the habitat of most A. d. var. minimum soil erosion, and stabilizing traskiae occurrences. Another nonnative control the movement of nonnative disturbed sites with native plants (Navy species, Carpobrotus edulis (iceplant), plants to the island, but once on the 2002, pp. 4–89—4–91). Additionally, also appears to be hindering the island, nonnative plants easily spread large-scale island-wide maneuvers with recovery of A. d. var. traskiae (Allan through the movement of vehicles from assault vehicles have been postponed 1999, p. 92). This nonnative species one area to another. until an erosion control plan is drafted occupies large areas of Wilson Cove Acmispon dendroideus var. traskiae and implemented. The erosion control where it may alter the habitat (Allan has persisted on the island and, despite plan for San Clemente Island is being 1999, p. 92) by changing vegetation the continued risk of encroachment to developed to reduce the impacts of structure and creating an environment habitat by nonnatives, the range of this erosion to Acmispon dendroideus var. less hospitable to A. d. var. traskiae. taxon has expanded from 6 to 29 traskiae habitat in areas likely to Annual grasses vary in abundance with occurrences since listing. Impacts from experience increased and expanded rainfall, potentially changing the nonnative plants may be a persistent, military operations (Munson 2011a, vegetative community from shrubs to but low-level, threat to A. d. var. pers. comm.). This erosion control plan grasses and increasing the fuel load in traskiae habitat.

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29112 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Fire occurrences (48 percent) (Wilson’s until an erosion control plan is Fire was not considered a threat to Cove, Middle Island Plateau, Eagle completed. Natural resource managers habitat occupied by Acmispon Canyon, Bryce Canyon, North Mosquito have been successful in decreasing the dendroideus var. traskiae at the time of Cove, Canchalagua Canyon, Thirst prevalence of particularly destructive listing (42 FR 40682; August 11, 1977). Canyon, Cave Canyon, Horse Canyon, nonnatives, such as Foeniculum Since that time, however, over 50 Pyramid Head, Eel Cove Canyon, Seal vulgare. Though increased impacts percent of the island has experienced at Cove Terraces, Larkspur Canyon, and associated with military training could least one wildfire (Navy 2002, Map 3– Chamish Canyon) of Acmispon threaten the species, 24 of 29 3, p. 3–32), and some habitat has burned dendroideus var. traskiae fall within occurrences (83 percent) of A. d. var. multiple times with very short intervals areas that may be subject to recurrent traskiae fall outside of training areas between fires (Navy 2002, Map 3–4, p. fire associated with military training (IOA or TAR) where the most intensive 3–33). The majority of fires are (Table 1). This includes locations that habitat disturbances are likely to occur. fall within 1,000 ft (305 m) of TAR While it is anticipated that military concentrated in SHOBA, potentially where the Navy conducts live fire and training activities, erosion, nonnatives, impacting habitat of 8 of 29 occurrences demolition training, and occurrences and fire will have ongoing impacts to (28 percent; Eagle Canyon, Bryce within SHOBA (SHOBA serves as a the taxon’s habitat, based on its Canyon, North Mosquito Cove, buffer for Impact Areas I and II). Fires distribution and current and anticipated Canchalagua Canyon, Thirst Canyon, that escape designated training areas conservation efforts, impacts from these Cave Canyon, Horse Canyon, and may threaten habitat on other parts of threats are reduced and minimized for Pyramid Head) where military training the island, though, because of the broad A. d. var. traskiae. Therefore, the threats exercises within Impact Areas I and II distribution of the species, it is unlikely to the habitat of A. d. var. traskiae will employ live ordnance and incendiary that one fire could spread throughout not likely impact most of the known devices. However, fires are occasionally the entire range. The Navy’s occurrences both now and into the ignited by activities north of SHOBA, implementation of the MOFMP will future. such as training activities near Eel Point limit the frequency with which fires Factor B. Overutilization for (possibly impacting Seal Cove Terraces escape impact areas and TAR. Through Commercial, Recreational, Scientific, or and Eel Cove Canyon occurrences) the annual review process, the Navy Educational Purposes (Navy 2002, Map 3–4, p. 3–33). identifies mechanisms to reduce fire Increased fire frequency resulting return intervals within areas where this In the listing rule (42 FR 40682; from intensified military uses could taxon is concentrated (USFWS 2008, pp. August 11, 1977), the Service did not lead to localized changes in vegetation 91–122). The Navy’s implementation of identify any threats from on San Clemente Island. The Navy an MOFMP will help to reduce the risk overutilization, and there is no new recently approved a significant of habitat conversion by fire, although information to indicate that expansion in the number of locations the habitat of A. d. var. traskiae could overutilization is a threat to Acmispon where live fire and demolition training be altered by increased fire frequency dendroideus var. traskiae. Although will take place (Navy 2008a, pp. 2–3— and spread of nonnative grass. Although voucher herbarium specimens of A. d. 2–38), including TAR north of SHOBA the threat is ameliorated through the var. traskiae and seeds have been (TAR 17—Eel Cove Canyon and Seal MOFMP, fire remains an island-wide collected for research and seed banking, Cove Terraces, and TAR 14 and 15— threat to A. d. var. traskiae, particularly overutilization of A. d. var. traskiae for Larkspur and Chamish Canyon). These to the 14 occurrences that fall within any purpose is not currently considered higher levels of training have not areas that may be subject to recurrent a threat nor is expected to be in the occurred in recent history, and will fire associated with military training. future. likely expand from current levels. In addition to demolitions, certain Summary of Factor A Factor C. Disease or Predation proposed munitions exercises involve San Clemente Island was used for Grazing of feral goats and rooting of the use of incendiary devices, such as sheep ranching, cattle ranching, goat feral pigs were considered a direct illumination rounds, white grazing, and pig farming from 1850 until threat to Acmispon dendroideus var. phosphorous, and tracer rounds, which 1934 (Navy 2002, pp. 3–4). The effects traskiae in the final listing rule (42 FR pose a high risk of fire ignition. of these grazers, which were not 40682; August 11, 1977). As stated Additionally, smoke, flares, and completely removed from the island above, however, nonnative mammalian pyrotechnics are proposed for use until 1992, on the habitat and plants herbivores were removed from San within TAR 11 (Wilson’s Cove) towards were one of the original reasons for Clemente Island in 1992, and this threat the eastern shore, and expanded live fire classifying Acmispon dendroideus var. was ameliorated, as recognized in our and demolition training is proposed traskiae as endangered in the 1977 2007 status review (USFWS 2007b, p. within TAR 16 (Middle Island Plateau) listing rule (42 FR 40682). Currently, the 13). Currently, no other predators or towards the center of the island. It is habitat of A. d. var. traskiae is diseases on San Clemente Island are likely that the fire pattern on the island threatened by destruction and known to pose a significant threat to A. will change in response to this increase modification caused by land use, d. var. traskiae both now and in the in ignition sources, with fires becoming erosion, nonnative plants, and fire. To future. more common within and adjoining the help ameliorate these threats, the Navy training areas north of SHOBA. is implementing an MOFMP, an INRMP, Factor D. Inadequacy of Existing At the time of listing, fire was not and an island-wide nonnative species Regulatory Mechanisms identified as a habitat threat because of control program (Navy 2002, pp. 1–1–8– The Act requires us to examine the lack of fire history and the low intensity 12; USFWS 2008, pp. 1–237). The adequacy of existing regulatory of military training on the island. Since MOFMP has been helpful in informing mechanisms with respect to those that time, military training has strategic decisions for training using live existing and foreseeable threats that may significantly increased, and we have fire or incendiary devices. The Navy has affect Acmispon dendroideus var. better records of the fire frequency on postponed major troop and assault traskiae. The inadequacy of existing the island. Approximately 14 of the 29 vehicle maneuvers across the island regulatory mechanisms was not

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29113

considered a threat to A. d. var. traskiae Navy prepares Environmental protection of A. d. var. traskiae in the at listing (42 FR 40682; August 11, Assessments and Environmental Impact INRMP include: ‘‘Protect, monitor, and 1977). Since it was listed as endangered, Statements on operation plans and new restore plants and cryptograms in order the Act has been and continues to be the or expanding training actions. Absent to manage for their long-term primary Federal law that affords the listing of A. d. var. traskiae, we sustainability on the island’’ (Navy protection to A. d. var. traskiae. The would expect the Navy to continue to 2002, p. 4–39). The INRMP specifically Service’s responsibilities in meet the procedural requirements of includes the following objectives for A. administering the Act include sections NEPA for its actions, including d. var. traskiae management: removal of 7, 9, and 10 (see above discussion in the evaluating the environmental impacts to nonnatives, restoration of native grasses Malacothamnus clementinus—Factor D rare plant species and other natural and scrub species, monitoring of the section for more information on the resources. However, as explained above, species, studies of response to fire, and Service’s responsibilities for all three NEPA does not itself regulate activities studies and inventory of insect species that are the subject of this that might affect A. d. var. traskiae. pollinators (Navy 2002, p. D–11). To Finding). Critical habitat has not been Sikes Act Improvement Act (Sikes Act) date, multiple INRMP management designated or proposed for this taxon. strategies have been implemented for Listing A. d. var. traskiae provided a The Sikes Act (16 U.S.C. 670) the conservation of A. d. var. traskiae. variety of protections, including the authorizes the Secretary of Defense to Other INRMP strategies that target the prohibitions against removing or develop cooperative plans with the plant communities within which this destroying plants within areas under Secretaries of Agriculture and the species occurs include: Controlling Federal jurisdiction and the Interior for natural resources on public erosion, with priority given to locations conservation mandates of section 7 for lands. The Sikes Act Improvement Act where erosion may be affecting listed all Federal agencies. If A. d. var. traskiae of 1997 requires Department of Defense species; producing a new vegetation were not listed, these protections would installations to prepare INRMPs that map; reducing nonnative plant cover not be provided. Thus, we must provide for the conservation and from 1992–1993 baseline levels; evaluate whether other regulatory rehabilitation of natural resources on managing the size and intervals of fires; mechanisms would provide adequate military lands consistent with the use of experimenting with fire management to protections absent the protections of the military installations to ensure the improve native plant dominance while Act. readiness of the Armed Forces. An protecting sensitive plant occurrences; INRMP is a plan intended ‘‘* * * to and conducting genetic and biological Other Federal Protections guide installation commanders in studies of A. d. var. traskiae. managing their natural resources in a National Environmental Policy Act The MOFMP, Erosion Control Plan, (NEPA) manner that is consistent with the sustainability of those resources while and nonnative plant species control All Federal agencies are required to ensuring continued support of the conducted on the island are discussed adhere to the National Environmental military mission’’ (Navy 2002, p. 1–1). above under Acmispon dendroideus var. Policy Act (NEPA) of 1970 (42 U.S.C. INRMPs are developed in coordination traskiae—Factor A. The Present or 4321 et seq.) for projects they fund, with the State and the Service, and are Threatened Destruction, Modification, authorize, or carry out. The Council on generally updated every 5 years. or Curtailment of Its Habitat or Range. Environmental Quality’s regulations for Although an INRMP is technically not a Absent listing under the Act, the Navy implementing NEPA (40 CFR parts regulatory mechanism because its would still be required to develop and 1500–1518) state that agencies shall implementation is subject to funding implement INRMPs under the Sikes Act. include a discussion on the availability, it is an important guiding However, as noted under the other environmental impacts of the various document that helps to integrate natural factors, while the INRMP helps to project alternatives (including the resource protection with military ameliorate threats and provides some proposed action), any adverse readiness and training. protection for A. d. var. traskiae environmental effects that cannot be occurrences, those occurrences within avoided, and any irreversible or San Clemente Island Integrated Natural Impact Areas or operationally closed irretrievable commitments of resources Resources Management Plan (INRMP) areas may not benefit from the involved (40 CFR part 1502). The NEPA Pursuant to the Sikes Act, the Navy conservation measures. While the itself is a disclosure law, and does not adopted an INRMP for San Clemente INRMP has reduced the severity of require subsequent minimization or Island that identifies multiple objectives threats and contributed to conservation mitigation measures by the Federal for protecting Acmispon dendroideus of the species, it still allows for land use agency involved. Although Federal var. traskiae and its habitat to help to consistent with military readiness and agencies may include conservation reduce threats to this taxon (Navy 2002). training. Thus, Navy activities will measures for Acmispon dendroideus The INRMP discloses actions through continue to impact A. d. var. traskiae as var. traskiae as a result of the NEPA the NEPA process and to comply with described under Factor A. process, any such measures are typically such legislation and regulations as the State Protections voluntary in nature and are not required Endangered Species Act, Federal by the statute. NEPA does not itself Noxious Weed Act of Act of 1974 (7 Since the time of listing, Acmispon regulate activities that might affect A. d. U.S.C. 2801), the Comprehensive dendroideus var. traskiae has benefited var. traskiae, but it does require full Environmental Response, from additional State protections under evaluation and disclosure of Compensation, and Liability Act (42 the Native Plant Protection Act (NPPA) information regarding the effects of U.S.C. 9601), the Resources and California Endangered Species Act contemplated Federal actions on Conservation and Recovery Act (42 (CESA; listed 1982). However, the range sensitive species and their habitats. On U.S.C. 6901), and Soil Conservation Act of A. d. var. traskiae is restricted to a San Clemente Island, the Navy must (16 U.S.C. 3B) (see above discussion on Federal military installation, so listing meet the NEPA requirements for actions INRMPs under Malacothamnus under NPPA and CESA may only afford significantly affecting the quality of the clementinus—Factor D). Natural protection to this species in rare human environment. Typically, the resource objectives of relevance to the instances when the lead agency is a

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29114 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

non-Federal agency or when proposed potential of trampling or crushing replenished regularly for the species to activities fall under other State laws. individual plants (for discussion of persist (Junak and Wilken 1998, p. 257). SWAT, TAR, and IOA, see above under Acmispon dendroideus var. traskiae Summary of Factor D Malacothamnus clementinus—Factor occurs in some areas of the island that The regulatory mechanisms outlined E). Based on the distribution of may experience elevated fire frequency, above provide for adequate conservation Acmispon dendroideus var. traskiae such as in SHOBA and surrounding Eel of Acmispon dendroideus var. traskiae. occurrences, and type of troop Point (Eagle Canyon, Bryce Canyon, In continuance of a long history of movements likely to occur, impacts due North Mosquito Cove, Canchalagua cooperative conservation efforts, the to trampling and crushing are Canyon, Thirst Canyon, Cave Canyon, Navy also implements several considered a low-level threat to its long- Horse Canyon, Pyramid Head, Seal Cove conservation actions that benefit this term persistence, and are most likely to Terraces, and Eel Cove Canyon) plant taxon. The Navy has implemented occur occasionally within the IOA and (discussed in A. d. var. traskiae—Factor a MOFMP to reduce the risk of fire on TAR. Approximately 13 of 29 A). Increased fire frequency from the island and a nonnative plant species occurrences (45 percent; Wilson Cove, intensified military use could also lead control program. In response to the Canchalagua Canyon, Middle Island to localized changes in vegetation, conservation actions proposed and the Plateau, North Mosquito Cove, Eagle resulting in indirect adverse effects on current status of the listed taxon, we Canyon, Larkspur Canyon, Chamish A. d. var. traskiae. The potential for issued a non-jeopardy biological Canyon, Lemon Tank Canyon, Seal Cove frequent fire at many of the occurrences opinion on the Navy’s MOFMP. The Terraces, Eel Cove Canyon, Middle within SHOBA is reduced by their provisions included in the San Wallrock Canyon, Warren Canyon, and location on the eastern escarpment of Clemente Island INRMP provide North Island Terraces) of A. d. var. the island, away from Impact Areas I protection of A. d. var. traskiae traskiae are partially or wholly within and II. This threat may become difficult occurrences and adaptive management the boundaries of a training area (IOA, to assess with the recent closure of the of its habitat in order to help address TAR, or SWAT). Many of these eastern escarpment area due to threats to the plant from military occurrences are in areas that are not unexploded ordnance. The Navy’s fire activities and nonnative plants, readily accessible to vehicles and management practices are anticipated to although implementation may not be troops. Loss of individual plants from minimize frequency of ignitions as well extended to occurrences in proposed increases in troop and vehicle as the spread of fires (as described above operationally closed areas. A. d. var. movements within SWAT, TAR, and the in Factor A). traskiae occurrences are afforded IOA is likely to increase, though this The Navy conducts annual reviews of protection through Federal and military will not significantly impact the fire management and fire occurrence mechanisms, and thus the inadequacy survival and recovery of this taxon that allow for adaptive management. of existing regulatory mechanisms is not because of the diffuse nature of this These measures should minimize loss of considered a current threat to the threat and the location of much of the individuals or occurrences of A. d. var. species. However, in the absence of the species along the eastern escarpment, traskiae due to fire. At the present time, Act, the existing regulatory mechanisms away from military training activities fire management does not pose a threat are not adequate to conserve A. d. var. (USFWS 2008, pp. 113–122). as fuelbreak locations have not been traskiae throughout its range both now proposed in the vicinity of this taxon. Fire and in the future. Although the Navy has planned and Although not specifically mentioned implemented fire management, fire Factor E. Other Natural or Manmade in the listing rule, intense or frequent threatens 14 occurrences of Acmispon Factors Affecting Its Continued fires threaten individuals at 14 of 29 (48 dendroideus var. traskiae. Due to the Existence percent) of Acmispon dendroideus var. continued impacts of fire within The 1977 listing rule identified traskiae occurrences. In the Factor A SHOBA, fire remains a Factor E threat nonnatives as a threat to Acmispon discussion above, we addressed impacts to the existence of A. d. var. traskiae. dendroideus var. traskiae under Factor of fire on the habitat. This section Climate Change E (42 FR at 40684; August 11, 1977). In covers the discrete threat to individuals this 5-factor analysis, impacts from or occurrences of A. d. var. traskiae. As For general information regarding nonnative plants are discussed above discussed in the Background section, it climate change impacts, see the climate under Factor A as a threat to habitat. is unknown if A. d. var. traskiae is change discussion under Other threats attributable to Factor E adapted to periodic fires, though it is Malacothamnus clementinus—Factor E that have been identified since listing likely that this taxon is resilient to above. Since listing of Acmispon include: (1) Movement of vehicles and occasional fires (Navy 2002, p. D–10; dendroideus var. traskiae, the potential troops, (2) fire, (3) climate change, and Tierra Data Inc. 2005, p. 80). Adult impact of ongoing, accelerated climate (4) hybridization. Factor E addresses plants have been lost in fires, but change has become a recognized threat threats to individuals of the species, subsequent recruitment from the seed to the flora and fauna of the United rather than the habitat modification bank resulted in replacement numbers States (IPCC 2007a, pp. 1–52; PRBO threats that are discussed in Factor A. of juvenile plants (Tierra Data Inc. 2005, 2011, pp. 1–68). San Clemente is located Therefore, while some threats are p. 80). Aside from this observation, the in a Mediterranean climatic regime, but discussed in both sections, in this relationship between fire and the life with a significant maritime influence. section we are focusing on the direct history of A. d. var. traskiae has not Climate change models indicate an impacts to individuals of A. d. var. been adequately studied. Additionally, increase in average temperature for traskiae. the species’ tolerance to fire frequency southern California (see above is unknown. In areas that burn more discussion on climate change under Movement of Vehicles and Troops frequently, the seed bank may become Malacothamnus clementinus—Factor Military training activities within depleted if individuals burn before they E). San Clemente Island typically SWAT, TAR, and the IOA often entail produce seeds. Although an individual receives less rainfall than neighboring the movement of vehicles and troops plant has the ability to produce vast mainland areas (Tierra Data Inc. 2005, p. over the landscape, which has the amounts of seed, the seed bank must be 4). Therefore, the models may

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29115

understate the effects to vegetation on the loss of genetic variation and lower investigation. However, the extent and the island. Less rainfall and warmer air fitness of A. d. var. traskiae. Finally, the prevalence of this threat is unknown, temperatures could limit the range of A. limited number of hybrid plants (four) and only confirmed in one of 29 d. var. traskiae, although there is no might be an artifact of the genetic testing occurrences. Overall, the threats direct research on the effects of climate method used by the study. described under Factor E are either of change on the species. Additionally, Liston et al. (1990, p. 243) suggested low magnitude, low likelihood, or changes in sea level and temperature that there be further investigation of adequately managed, while the potential may be more acute on small islands, due these hypotheses before management overall threat of climate change remains to their high vulnerability (surrounded recommendations are made to the Navy. unknown across this taxon’s range. by ocean) and low adaptive capacity Allan (1999, p. 91) stated that A. d. var. Although these threats could directly (from limited size) (IPCC 2007b, p. 1). traskiae should be ‘‘closely monitored.’’ impact individuals of this taxon, we are The impacts of future climate change to Although the species has expanded its of the view that they will not impede A. d. var. traskiae remain unclear. The range and numbers, hybridization with the recovery of A. d. var. traskiae now most recent literature on climate change A. a. var. argenteus remains a concern or in the future. predicts hydrological changes, higher at the largest of the 29 occurrences Combination of Factors—Acmispon temperatures, and expansion of drought (Wilson’s Cove), although unconfirmed dendroideus var. traskiae areas (IPCC 2007a, pp. 1–18). While we hybrids have been observed in other recognize that climate change is an areas of the island (e.g., Norton Canyon). A species may be affected by more important issue with potential effects to Hybridization may threaten, and could than one threat in combination. Within listed species and their habitats, the best diminish, the genetic diversity of the the preceding review of the five listing available information does not facilitate species, especially in the already factors, we have identified multiple accurate predictions regarding the disturbed occurrence of Wilson Cove threats that may have interrelated effects to A. d. var. traskiae at this time. (Allan 1999, pp. 91–92). Additional impacts on the species (see also above study is needed to determine the extent discussion on combination of factors— Hybridization and magnitude of this threat to A. d. var. Malacothamnus clementinus). The As discussed above in the Background traskiae. species’ productivity may be reduced section, Acmispon dendroideus var. because of these threats, either traskiae is known to hybridize with Summary of Factor E singularly or in combination. However, Acmispon argophyllus var. argenteus. In Threats associated with military it is not necessarily easy to determine 1990, Liston et al. (p. 240) confirmed activities, fire, climate change, and (nor is it necessarily determinable) hybridization between co-occurring hybridization continue to impact whether a particular threat is the populations of A. d. var. traskiae and A. Acmispon dendroideus var. traskiae at primary threat having the greatest effect argophyllus var. argenteus in Wilson 18 of 29 occurrences (62 percent; on the viability of the species, or Cove. At that time, they detected only Wilson Cove, Canchalagua Canyon, whether it is exacerbated by or working four hybrid individuals out of 38 Middle Island Plateau, North Mosquito in combination with other potential individuals tested, and failed to detect Cove, Eagle Canyon, Larkspur Canyon, threats to have cumulative or synergistic hybridization in another area of co- Chamish Canyon, Lemon Tank Canyon, effects on the species. While the occurrence at the southern end of the Seal Cove Terraces, Eel Cove Canyon, combination of factors is a threat to the island. Although hybrid individuals Middle Wallrock Canyon, Warren existence of Acmispon dendroideus var. seem to be restricted to Wilson Cove Canyon, North Island Terraces, Bryce traskiae, we are unable to determine the (Liston 1990, p. 240; Allan 1999, p. 91), Canyon, Thirst Canyon, Cave Canyon, magnitude or extent of cumulative or other unconfirmed hybrids (no genetic Horse Canyon, and Pyramid Head) on synergistic effects of the combination of testing done) have been observed San Clemente Island. Trampling and factors on the viability of the species at elsewhere on the island (Howe 2009b, crushing of individual plants are this time. pers. comm.; Braswell 2011, pers. obs.). probably incidental, but are likely to Liston et al. (1990, pp. 240–243) increase with increases in training Castilleja grisea (San Clemente Island offered three hypotheses for the scarcity levels on the island. However, the Navy Paintbrush) of confirmed hybrid individuals. First, is implementing conservation measures In the 2007 status review, we stated hybrids may have reduced fitness and that will improve conditions for A. d. that the predominant threat at listing be selected against, or be sterile and var. traskiae, which has expanded its (nonnative herbivores) was removed thus unable to produce viable seed even distribution on the island. Military from San Clemente Island in 1992 if backcrossed to the parent taxa. In this training activities have the potential to (USFWS 2007c, pp. 1–19). Additional situation, hybridization would not be a ignite fires that can spread to habitat threats to Castilleja grisea identified in threat to the genetic integrity of A. supporting this species, though the 2007 include: (1) Erosion, (2) nonnative dendroideus var. traskiae. Second and majority of the occurrences are outside species, (3) fire, (4) land use, and (5) conversely, if the fertile hybrids are of the areas designated for live fire and access to SHOBA. The first four of these recent in origin (within the last 20 demolition. In preparation for these threats are discussed below under years), and because both parental taxon training efforts, the Navy implemented Factor A. As discussed previously, are long-lived, woody perennials, few a fire management plan within the access to SHOBA is not considered a hybrid individuals would be expected MOFMP that will limit the frequency of threat, though it limits our ability to due to the slower development and fires escaping the Impact Areas. assess all occurrences of the taxon lifespan of the species. If this is correct, Climate change may also likely reviewed here. the genetic integrity of the largest- impact Acmispon dendroideus var. known occurrence of A. d. var. traskiae traskiae, though the magnitude of this Factor A. The Present or Threatened in Wilson Cove might be at risk of threat is largely unknown. The genetic Destruction, Modification, or introgressive hybridization integrity of A. d. var. traskiae may be Curtailment of Their Habitat or Range (introduction of genes from one species threatened by hybridization with A. Under this listing factor in the final to another resulting in fertile hybrids). adsurgens var. argenteus at one of the listing rule, we identified habitat Introgressive hybridization could lead to largest occurrences and requires further modification by browsing feral goats

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29116 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

and rooting feral pigs as threats to The southern portion of Castilleja Clemente Island resulted in increased Castilleja grisea and other island taxa grisea’s distribution extends through erosion over much of the island, (42 FR 40682). As discussed above, the SHOBA where impacts to the habitat are especially on steep slopes where Navy removed the last of the remaining likely. Certain munitions exercises denuded soils can be quickly washed feral goats and pigs from San Clemente involve the use of incendiary devices, away during storm events (Johnson Island in 1992 (Kellogg and Kellogg such as illumination rounds, white 1980, p. 107; Navy 2002, pp. 1–14, 3– 1994, p. 5), which resulted in improved phosphorous, and tracer rounds, which 9; Tierra Data Inc. 2007, pp. 6–7). There habitat conditions, and led to changes in pose a high risk of fire ignition (USFWS may be residual impacts from historical the cover of native and nonnative plants 2008, p. 11–13). Because of the elevated grazing, and vegetation may be slow to on the island (Tierra Data Inc. 2005, pp. risk of fire associated with training recover and hold soil. In the INRMP, i–96; Kellogg 2006, pers. comm.). The activities, live and inert munitions fire erosion was identified as a threat to the Recovery Plan identified habitat are targeted towards Impact Areas I and canyon woodland habitat and maritime alteration and disturbance from the II within SHOBA where bombardments desert scrub, which is habitat for Navy’s use of the island for military and land demolition are concentrated. Castilleja grisea (Navy 2002, pp. 4–3, 4– operational and training needs as Four of 29 occurrences (14 percent; 12). The process of soil erosion can lead additional threats to the habitats China Canyon, Red Canyon, Upper to destruction of terraces, steep slopes, occupied by C. grisea (USFWS 1984, pp. Chenetti Canyon and Horse Beach and canyons that support the growth 58–63). Additional threats identified Canyon) are within or partially within and reproduction of C. grisea. Castilleja since listing include alteration of San Impact Areas. Currently, the Impact grisea plants occur within steep canyon Clemente Island habitats by military Areas are closed to nonmilitary areas where such concentration of water training activities, fire, and fire personnel, so the plant’s status at these flows may be a threat (Navy 2002, p. D– management. As outlined below, we four occurrences is unknown, as well as 23). discuss the impacts of the following the status of any conservation action Increased military activities where threats that affect the habitat or range of that would otherwise be expected to be Castilleja grisea occurs within training C. grisea: (1) Land use, (2) erosion, (3) implemented in these areas (USFWS area boundaries are expected to increase nonnative plants, (4) fire, and (5) fire 2008, p. 50). erosion associated with roadways, management. Also within SHOBA, an occurrence of through soil compaction and other soil C. grisea is located in lower Horse Beach disturbances. The impacts from erosion Land Use Canyon, above Horse Beach. Horse are anticipated along the ridgeline of the Beach (TAR 21) is used for special eastern escarpment, affecting eight The distribution of Castilleja grisea warfare training activities that include occurrences (Pyramid Head, Knob includes a single occurrence in the the use of live fire, illumination rounds, Canyon, Canchalagua Canyon, Bryce north of the island at West Cove, with and tracers. Training activities within Canyon, Eagle Canyon, Thirst Canyon, the remaining 28 occurrences parts of SHOBA pose a direct threat to SHOBA Boundary occurrence, and distributed across the southern 15.5 mi habitat due to associated ground Horton Canyon) (Tierra Data Inc 2007, (25 km) of the island, particularly along disturbance and land demolition. pp.12–18; Navy 2008a, p. G–8). Closure the eastern escarpment. Training Sixteen of 29 C. grisea occurrences (55 of the eastern escarpment within activities approved in the MOFMP percent) are located outside of heavily SHOBA due to unexploded ordnance would include substantial increases in impacted training areas, and 13 could make assessing this threat and vehicle and foot traffic in the IOA, occurrences (45 percent; West Cove, implementing conservation measures in leading to habitat modification. Ten of Plain northeast of Warren Canyon, these eight occurrences difficult in the the 29 occurrences (34 percent; plain Larkspur Canyon, Lemon Tank Canyon, future. northeast of Warren Canyon, Larkspur Eagle Canyon, Bryce Canyon, China The Navy studied the potential for Canyon, Lemon Tank Canyon, Eagle Canyon, Knob Canyon, Canchalagua erosion from several proposed military Canyon, Bryce Canyon, Horse Beach Canyon, Pyramid Head, Red Canyon, activities (Tierra Data Inc. 2007, pp. 1– Canyon, China Canyon, Knob Canyon, Upper Chenetti Canyon and Horse 45, Appendices). Approximately 13 of Canchalagua Canyon, and Pyramid Beach Canyon) are at least partially 29 Castilleja grisea occurrences (45 Head) are within or partially within the within the boundaries of a training area percent; West Cove, Plain northeast of IOA and experience direct habitat (IOA, TAR, AVMA, or Impact Area). Warren Canyon, Larkspur Canyon, impacts, while three of 29 occurrences Although, within training areas, many Lemon Tank Canyon, Eagle Canyon, (10 percent; Thirst Canyon, SHOBA of the impacts to these 13 occurrences Bryce Canyon, China Canyon, Knob Boundary Occurrence, and Upper Horse would be diffuse and are unlikely to Canyon, Canchalagua Canyon, Pyramid Canyon) are near the IOA (within 1,000 have a high impact on the species. The Head, Red Canyon, Upper Chenetti ft (305 m)) and could experience diffuse Navy has demonstrated their efforts to Canyon, and Horse Beach Canyon) fall or accidental impacts to C. grisea help conserve and manage listed species partially or wholly within the habitat. Recent area closures due to on the island through amelioration of boundaries of a designated training area unexploded ordnance could make habitat impacts by military activities (IOA, TAR, AVMA, or Impact Area), and habitat impacts from training difficult to through implementation of the MOFMP are likely to be impacted by erosion. assess for several occurrences (34 and INRMP. Land use appears to pose Fifteen occurrences of C. grisea are at percent; Nanny Canyon, Lemon Tank a high-magnitude threat to the habitat of least partially within 500 ft (152 m) of Canyon, Eel Point, Eagle Canyon, Bryce a small number of occurrences of C. a road (paved or unpaved) (China Canyon, Horse Beach Canyon, China grisea on San Clemente Island. Canyon, Horse Beach Canyon, Pyramid Canyon, Knob Canyon, Canchalagua Head, Knob Canyon, Canchalagua Canyon, and Pyramid Head) in the Erosion Canyon, Bryce Canyon, Eagle Canyon, future. Additionally, one occurrence Erosion and associated soil loss Upper Horse Canyon, Plain northeast of (West Cove) is within an Assault caused by browsing of feral goats and Warren Canyon, Horton Canyon, Seal Vehicle Maneuver Area (AVMA) and rooting of feral pigs likely modified the Cove Terraces, Lemon Tank Canyon, could be subject to habitat disturbance island’s habitat (Navy 2002, p. 1–14). Larkspur Canyon, Terrace Canyon, and from vehicles. Defoliation from overgrazing on San West Cove) (Forman and Alexander

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29117

1998, p. 217). These occurrences could Bryce Canyon, China Canyon, Knob Pyramid Head, Knob Canyon, be subject to diffuse disturbance and Canyon, Canchalagua Canyon, Pyramid Canchalagua Canyon, Bryce Canyon, road effects that degrade the habitat Head, Red Canyon, Upper Chenetti Eagle Canyon, Plain northeast of Warren quality. Roads can concentrate water Canyon, Horse Beach Canyon, Upper Canyon, and Lemon Tank Canyon) are flow, causing incised channels and Horse Canyon, Horton Canyon, Seal within 500 ft (152 m) of Ridge Road or erosion of slopes (Forman and Cove Terraces, and Terrace Canyon) of China Point Road, and may be subject Alexander 1998, pp. 216–217). This C. grisea are in areas that could be to diffuse disturbance and road effects increased erosion near roads can subject to, and threatened by, erosion that degrade the habitat quality along degrade habitat, especially along the from training activities or road use. the road (Forman and Alexander 1998, steep canyons and ridges. Occurrences in operationally closed p. 217). Roadsides tend to create Along the eastern escarpment, areas may not be afforded the conditions (high disturbance, seed Castilleja grisea is found in steep conservation measures outlined by the dispersal from vehicles, ample light and canyons in proximity to roads where it Navy. water) preferred by nonnative species may be vulnerable to runoff during Erosion can lead to overall habitat (Forman and Alexander 1998, p. 210). storm events (Navy 2008a, pp. G–4, G– degradation and loss of individuals or Nonnatives, including Foeniculum 8). At the southern end of the species’ groupings of plants. However, despite vulgare and Mesembryanthemum range, one occurrence is downslope existing levels of erosion on the island, crystallinum (crystalline iceplant), have from Horse Beach Canyon Road along a the distribution of Castilleja grisea has been found in the disturbed shoulders poorly maintained dirt road that is increased since listing. The Navy along the road between Ridge Road and proposed to serve as part of the Assault incorporates erosion control measures China Point in SHOBA (Braswell 2011, Vehicle Maneuver Corridor. This into all projects to minimize the pers. obs.). location is likely to have an elevated potential to exacerbate existing erosion Potential impacts from nonnative risk from erosion (USFWS 2008, p. 99). and avoid impacts to habitat and listed plants are expected to be minimized by The Navy incorporates erosion control species. Although the Navy tries to annual implementation of the Navy’s measures into all site feasibility studies ameliorate erosion, management efforts island-wide nonnative plant control and project design to minimize the are not possible in areas that are closed program (O’Connor 2009b, pers. comm.; potential to exacerbate existing erosion to natural resource personnel. The Munson 2011a, pers. comm.; see above and avoid impacts to listed species processes and results of erosion are discussion on Nonnative Species under (Munson 2011a, pers. comm.). The island-wide threats to C. grisea, Malacothamnus clementine—Factor A). INRMP requires that all projects include particularly to the 17 occurrences in or This program targets nonnative species erosion conservation work (Navy 2002, adjacent to military training areas or for elimination using herbicide and p. 4–89). These conservation actions roads. Therefore, erosion is still mechanical removal, prioritizing species include best management practices, considered a threat to the existence of that are new to the island or are choosing sites that are capable of C. grisea. particularly destructive. The program sustaining disturbance with minimum has been successful at isolating and Nonnative Plants soil erosion, and stabilizing disturbed limiting some species, such as sites (Navy 2002, pp. 4–89–4–91). An One of the threats to Castilleja grisea Foeniculum vulgare, to a few locations erosion control plan for San Clemente identified in the final listing rule was (Howe 2011b, pers. comm.). To reduce Island is in the development stage, with the spread of nonnative plants into its the potential for transport of nonnative expectations to reduce impacts of habitat (42 FR 40682, 40684). plants to San Clemente Island, military erosion where Castilleja grisea occurs in Nonnatives can alter habitat structure, and nonmilitary personnel inspect areas with increased and expanded ecological processes such as fire tactical ground vehicles, and remove military operations (Munson 2011a, regimes, nutrient cycling, hydrology, any visible plant material, dirt, or mud pers. comm.). This erosion control plan and energy budgets, and compete for prior to going onto the island (USFWS will address military operations water, space, light, and nutrients (for 2008, p. 63). This precaution helps to associated with the IOA, AVMA and discussion of nonnatives on San control the movement of nonnative AFP; however, since the plan is not yet Clemente Island, see above discussion plants onto the island, but once on the finalized, it does not currently on Nonnative Species under island nonnatives are easily spread by ameliorate the noted threats from Malacothamnus clementine—Factor A). the movement of vehicles from one area erosion. Castilleja grisea is often associated with to another. Although nonnative plants In areas that will not be covered native maritime desert scrub vegetation will continue to pose a rangewide risk under the erosion control plan, erosion types, where nonnative grasses are to C. grisea, it is a threat of low control measures are already being present but not a dominant component intensity, and the Navy has taken steps incorporated into project designs to of the plant community (Tierra Data Inc. to curtail habitat conversion from minimize the potential to exacerbate 2005, pp. 29–42). nonnative plants. existing erosion and avoid impacts to Although previous invasions of Nonnative plant species are an island- listed species (Munson 2011a, pers. nonnative species were probably wide threat to the native vegetative comm.). Additionally, large-scale introduced in grazing fodder, current community. The Navy has taken island-wide maneuvers with assault invasions are typically introduced and preventative and conservation measures vehicles have been postponed until the spread around the island by military through funding and implementing erosion control plan is enacted. The activities and training (see above nonnative plant species control on the processes and results of erosion are discussion on Nonnative Species under island. Management and control of island-wide threats to C. grisea, Malacothamnus clementinus—Factor nonnative plants is not in place at the particularly to the occurrences in or A). Nonnative plants constitute a four occurrences (14 percent; China adjacent to military training areas or rangewide threat to all native plants on Canyon, Red Canyon, Upper Chenetti roads. Seventeen of 29 occurrences (55 San Clemente Island, including all Canyon, and Horse Beach Canyon) that percent; West Cove, Plain northeast of occurrences of Castilleja grisea. A total are closed to natural resource managers. Warren Canyon, Larkspur Canyon, of 9 of 29 occurrences (31 percent; However, outside of these areas, Lemon Tank Canyon, Eagle Canyon, China Canyon, Horse Beach Canyon, Castilleja grisea has persisted on the

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29118 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

island. Despite the continued risk of Cove Terraces, and TAR 14 and 15— concentrated (USFWS 2008, pp. 91– encroachment by nonnatives, Castilleja Larkspur Canyon). In addition to 122). Although the threat is ameliorated grisea remains on the island, and its demolitions, certain proposed through the MOFMP, fire remains an range has continued to expand. Impacts munitions exercises involve the use of island-wide threat to C. grisea, from nonnative plants are a persistent, incendiary devices, such as illumination particularly to the habitat at the 19 but low-level, threat to C. grisea habitat. rounds, white phosphorous, and tracer occurrences that fall within areas that rounds, which pose a high risk of fire may be subject to recurrent fire Fire ignition. Expanded live fire and associated with military training. Fire was not considered a threat to demolition training is also approved Fire Management Castilleja grisea habitat at the time of within TAR 16 (Lemon Tank Canyon) listing (42 FR 40682; August 11, 1977). toward the center of the island. It is A fire management plan within the Since that time, however, over 50 likely that the fire pattern on the island MOFMP was developed by the Navy to percent of the island has experienced at will change due to this increase in provide flexibility for the timing of least one wildfire (Navy 2002, Map 3– ignition sources, with fires becoming military training and to ensure that 3, p. 3–32). The majority of fires are more common within and adjoining the adequate fire suppression resources concentrated in SHOBA, potentially training areas north of SHOBA. were present with an increased level of impacting 15 of 29 occurrences (52 At the time of listing, fire was not training activities (see above discussion percent; Thirst Canyon, Eagle Canyon, identified as a threat because of lack of on Fire Management under Bryce Canyon, Canchalagua Canyon, fire history and the low intensity of Malacothamnus clementinus—Factor Knob Canyon, Pyramid Head, Snake military training on the island. Since A). The Navy constructed fuelbreaks Canyon, Upper Chenetti Canyon, Horse that time, military training has around the Impact Areas for safety Beach Canyon, China Canyon, Red significantly increased, and we have purposes and to manage the spread of Canyon, Kinkipar Canyon, Cave better records of the fire frequency on fire from the Impact Areas. Maintenance Canyon, Horse Canyon, and Upper the island. Approximately 19 of 29 of these fuelbreaks reduces the Horse Canyon). Seven occurrences occurrences (65 percent) of Castilleja likelihood and frequency of fires occur within the eastern escarpment in grisea fall within areas that may be spreading to sensitive areas and SHOBA (Thirst Canyon, Eagle Canyon, subject to recurrent fires associated with habitats, such as those occupied by Bryce Canyon, Canchalagua Canyon, military training. This includes Castilleja grisea. Fuelbreaks on San Knob Canyon, Pyramid Head, and Snake locations that fall within SHOBA that Clemente Island are created using Canyon), where impacts from fire are serve as a buffer for Impact Areas I and herbicides and strip burning, and less likely. Recent closure of this area II, and occurrences near live fire and maintained using herbicides and fire limits the ability to assess the status and demolition training areas. As described retardant (Phos-Chek D75F) (USFWS manage habitat at these occurrences. in the Background section, occurrences 2008, pp. 97–98) (see above discussion Because of the elevated risk of fire of C. grisea have been discovered within on Fire Management (including fire associated with training activities, live and outside of the impact areas in retardant use) under Malacothamnus and inert munitions fire is targeted SHOBA (Junak and Wilken 1998, p. 298; clementinus—Factor A). towards two delineated Impact Areas. Navy 2002, p. D–20), indicating that the Four occurrences (Red Canyon, China The risk of frequent fire is higher in species is tolerant of at least occasional Canyon, Horse Beach Canyon, and Impact Areas I and II, potentially fire. High fire frequency may be a Upper Chenetti Canyon) of C. grisea affecting the habitat at four of 29 potential threat that could limit the have been documented within the occurrences (14 percent; Upper Chenetti distribution of C. grisea by Impact Areas, and are likely exposed to Canyon, Horse Beach Canyon, China overwhelming its tolerance threshold impacts from higher intensity training, Canyon, and Red Canyon). The effects of (Brooks et al. 2004, p. 683; Jacobson et such as bombardment and fire. Some of fire, and the state of plants within the al. 2004, p. 1). Frequent fire may exceed these occurrences are near fuelbreaks Impact Areas, are currently unknown a plant taxon’s capacity to persist by and may be impacted by a change in the due to closure of the area (USFWS 2008, depleting seed banks and reducing vegetation community from fuelbreak p. 50). Fires are occasionally ignited by reproductive output when fire occurs at maintenance, resulting in an increase in activities north of SHOBA, posing a higher than natural frequencies in C. erosion or invasive nonnative plants. low-magnitude threat to the habitat at grisea habitat (Zedler et al. 1983, pp. Additionally, occurrences on the eastern 14 of the 29 occurrences (48 percent; 811–815). escarpment near the firebreaks on Ridge SHOBA Boundary, Horton Canyon, Within the Impact Areas or Road (Canchalagua Canyon, Knob Lemon Tank Canyon, Nanny Canyon, operationally closed zones, fire Canyon) might be impacted by the Larkspur Canyon, Box Canyon, Upper suppression and firefighting are not creation and maintenance of firebreaks Norton Canyon, Middle Ranch Canyon, being implemented because of safety (USFWS 2008, p. 57). The Navy has Waymuck Canyon, Plain northeast of hazards from the presence of committed to studying the effects of Warren Canyon, Seal Cove Terraces, Eel unexploded ordnance. Fires that escape Phos-Chek on San Clemente Island Cove Canyon, Terrace Canyon, and West designated training areas threaten other vegetation, and has avoided application Cove) (Navy 2002, Map 3–4, p. 3–33). parts of the island, though it is unlikely of Phos-Chek within 300 ft (91.4 m) of Increased fire frequency from that one fire is capable of spreading mapped listed species to the extent intensified military use could lead to throughout the entire range of the allowable with fuelbreak installation localized changes in vegetation (see species due to its broad distribution (USFWS 2008, pp. 97–98). In the above discussion on fire frequency across the island. The Navy’s MOFMP, the Navy committed to under Malacothamnus clementinus— implementation of the MOFMP will conducting preseason briefings for Factor A). The Navy has significantly limit the frequency with which fires firefighting personnel on the guidelines expanded the number of locations escape Impact Areas and TAR. Through for fire suppression and limitations where live fire and demolition training the annual review process, the Navy associated with the use of Phos-Chek will take place (USFWS 2008, pp. 21– will identify mechanisms to reduce fire and saltwater drops (USFWS 2008, pp. 37), including TAR north of SHOBA return intervals within areas and 97–98). The impact of saltwater on the (TAR 17—Eel Cove Canyon and Seal habitats where this taxon is habitat of C. grisea has not yet been

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29119

assessed. However, if salt persists, the 16 of 29 occurrences (55 percent) of C. against removing or destroying plants composition in the plant community grisea fall outside Impact Areas, IOA, within areas under Federal jurisdiction could change to favor more salt-tolerant AVMA, TAR, and fuelbreaks, where the and the conservation mandates of taxa. most intensive habitat disturbances are section 7 for all Federal agencies. If C. It is anticipated that the Navy will likely to take place. While it is grisea were not listed, these protections construct additional fuelbreaks to anticipated that military training would not be provided. Thus, we must minimize the risk of fire spreading from activities will likely increase, based on evaluate whether other regulatory areas proposed for expansion of live fire the current range of C. grisea and mechanisms would provide adequate and demolition training north of conservation efforts, the threats to the protections absent the protections of the SHOBA (USFWS 2008, p. 98). To habitat of C. grisea posed by land use, Act. minimize the potential for effects to erosion, nonnatives, fire and fire listed species, the Navy considers the management are decreasing in Other Federal Protections documented locations of listed species magnitude. National Environmental Policy Act on the island as fuelbreak lines are (NEPA) developed. The majority of Castilleja Factor B. Overutilization for All Federal agencies are required to grisea habitat is not impacted by fire Commercial, Recreational, Scientific, or adhere to the National Environmental management, and only 6 of 29 Educational Purposes Policy Act (NEPA) of 1970 (42 U.S.C. occurrences (21 percent) are associated In the listing rule (42 FR 40682; 4321 et seq.) for projects they fund, with fuelbreaks. Even if expanded in August 11, 1977), the Service did not conjunction with increased levels of identify any threats from authorize, or carry out. The Council on training activities, the benefits of overutilization, and there is no new Environmental Quality’s regulations for fuelbreaks outweigh the detrimental information to indicate that implementing NEPA (40 CFR parts impacts of recurrent fire to C. grisea overutilization is a threat to Castilleja 1500–1518) state that agencies shall habitat. The threat of fire management grisea. Although voucher herbarium include a discussion on the to C. grisea habitat is restricted mainly specimens of C. grisea and seeds have environmental impacts of the various to occurrences within SHOBA, and been collected for research and seed project alternatives (including the particularly to occurrences in the banking, overutilization of C. grisea for proposed action), any adverse Impact Areas. Because of the isolated any purpose is not currently considered environmental effects that cannot be nature of this threat and its role in a threat nor expected to be in the future. avoided, and any irreversible or irretrievable commitments of resources prevention of fire, fire management is a Factor C. Disease or Predation low-magnitude threat to C. grisea in the involved (40 CFR part 1502). The NEPA future. Grazing of feral goats and rooting of itself is a disclosure law, and does not feral pigs were considered a direct require subsequent minimization or Summary of Factor A threat to Castilleja grisea in the final mitigation measures by the Federal The habitat of Castilleja grisea is listing rule (42 FR 40682; August 11, agency involved. Although Federal threatened by destruction and 1977). As stated above, this threat was agencies may include conservation modification of habitat associated with ameliorated by the removal of all goats measures for Castilleja grisea as a result land use, erosion, the spread of and pigs from San Clemente Island in of the NEPA process, any such measures nonnatives, fire, and fire management. 1992, as recognized in our 2007 status are typically voluntary in nature and are To help ameliorate these threats, the review (USFWS 2007c, p. 11). not required by the statute. NEPA does Navy is implementing a MOFMP, an Currently, no other predators or diseases not itself regulate activities that might INRMP, and the island-wide control of on San Clemente Island are known to affect C. grisea, but it does require full nonnative plants. (Navy 2002, pp. 1–1— pose a significant threat to C. grisea, nor evaluation and disclosure of 8–12; USFWS 2008, pp. 1–237). The are they expected to become a threat in information regarding the effects of MOFMP has been helpful in informing the future. contemplated Federal actions on strategic decisions for training using live sensitive species and their habitats. fire or incendiary devices. The Navy has Factor D. Inadequacy of Existing On San Clemente Island, the Navy postponed major troop and assault Regulatory Mechanisms must meet the NEPA requirements for vehicle maneuvers across the island The Act requires us to examine the actions significantly affecting the until an erosion control plan is adequacy of existing regulatory quality of the human environment. completed (Navy 2008b, pp. 5–29, 5–30; mechanisms with respect to those Typically, the Navy prepares USFWS 2008, pp. 62, 87). Natural existing and foreseeable threats that may Environmental Assessments and resource managers have been successful affect Castilleja grisea. The inadequacy Environmental Impact Statement on at decreasing the prevalence of of existing regulatory mechanisms was operational plans and new or expanding particularly destructive nonnatives, not indicated as a threat to C. grisea at training actions. Absent the listing of such as Foeniculum vulgare. In recent listing (42 FR 40682; August 11, 1977). Castilleja grisea, we would expect the years, access to Impact Areas I and II Since it was listed as endangered, the Navy to continue to meet the procedural within SHOBA for biological monitoring Act has been and continues to be the requirements of NEPA for its actions, and conservation actions has been primary Federal law that affords including evaluating the environmental strictly prohibited (USFWS 2008, p. 50), protection to C. grisea. The Service’s impacts to rare plant species and other so the status of four occurrences (Red responsibilities in administering the Act natural resources. However, as Canyon, China Canyon, Horse Beach include sections 7, 9, and 10 (for more explained above, NEPA does not itself Canyon, and Upper Chenetti Canyon) information on the Service’s regulate activities that might affect C. remains unknown. Recently, closures responsibilities, see above discussion grisea. along the eastern escarpment in SHOBA under Malacothamnus clementinus— have also limited the monitoring and Factor D). Critical habitat has not been Sikes Act Improvement Act (Sikes Act) management of four occurrences (Knob designated or proposed for this taxon. The Sikes Act (16 U.S.C. 670) Canyon, Canchalagua Canyon, Bryce Listing C. grisea provided a variety of authorizes the Secretary of Defense to Canyon, and Eagle Canyon). However, protections, including the prohibitions develop cooperative plans with the

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29120 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Secretaries of Agriculture and the INRMP strategies that target the plant MOFMP. The provisions included in the Interior for natural resources on public communities within which this species San Clemente Island INRMP provide lands. The Sikes Act Improvement Act occurs include: Controlling erosion, protection to all C. grisea occurrences of 1997 requires Department of Defense with priority given to locations where and adaptive management of its habitat installations to prepare INRMPs that erosion may be affecting listed species; in order to help address threats to the provide for the conservation and producing a new vegetation map; plant from military activities and rehabilitation of natural resources on reducing nonnative plant cover from nonnative plants. However, as indicated military lands consistent with the use of 1992–1993 baseline levels; managing in the discussion under Factor A, not all military installations to ensure the the size and intervals of fires; management tools described in the readiness of the Armed Forces. An experimenting with fire management to INRMP are in place, and conservation INRMP is a plan intended ‘‘* * * to improve native plant dominance while management may not be implemented at guide installation commanders in protecting sensitive plant occurrences; several of the known occurrences that managing their natural resources in a and conducting genetic and biological have been closed to natural resource manner that is consistent with the studies of C. grisea across the island. managers. Castilleja grisea occurrences sustainability of those resources while The MOFMP, Erosion Control Plan, are afforded protection through Federal ensuring continued support of the and nonnative plant species control and military mechanisms, and thus the military mission’’ (Navy 2002, p. 1–1). conducted on the island are discussed inadequacy of existing regulatory INRMPs are developed in coordination above under Castilleja grisea—Factor A. mechanisms is not considered a threat with the State and the Service, and are The Present or Threatened Destruction, to the species now or in the future. generally updated every 5 years. Modification, or Curtailment of Its However, in the absence of the Act, the Although an INRMP is technically not a Habitat or Range. Absent listing under existing regulatory mechanisms are not regulatory mechanism because its the Act, the Navy would still be adequate to conserve C. grisea implementation is subject to funding required to develop and implement throughout its range both now and in availability, it is an important guiding INRMPs under the Sikes Act. However, the future. document that helps to integrate the as noted under the other factors, while Factor E. Other Natural or Manmade military’s mission with natural resource the INRMP helps to ameliorate threats Factors Affecting Their Continued protection. and provides some protection for C. grisea occurrences, those occurrences Existence San Clemente Island Integrated Natural within Impact Areas or operationally The 1977 listing rule identified Resources Management Plan (INRMP) closed areas may not benefit from the nonnatives as a threat to Castilleja Pursuant to the Sikes Act, the Navy conservation measures. While the grisea under Factor E: competition from adopted an INRMP for San Clemente INRMP has reduced the severity of nonnative plants (42 FR 40682; August Island that identifies multiple objectives threats and contributed to conservation 11, 1977). In this 5-factor analysis, for protecting Castilleja grisea and its of the species, it still allows for land use impacts from nonnative plants are habitat to help reduce threats to this consistent with military readiness and discussed above under Factor A as a taxon (Navy 2002). The INRMP also training. Thus, Navy activities will threat to habitat. Other Factor E threats disclosed actions through the NEPA continue to impact C. grisea as identified since listing that currently process, and to comply with such described under Factor A and E. impact C. grisea plants include: (1) legislation and regulations as the Movement of vehicles and troops, (2) Endangered Species Act, the Federal State Protections fire, and (3) climate change. Factor E Noxious Weed Act of 1974 (7 U.S.C. Since the time of listing, Castilleja addresses threats to individuals of the 2801), the Comprehensive grisea has benefited from additional species, rather than the habitat Environmental Response, State protections under the Native Plant modification threats that are discussed Compensation, and Liability Act (42 Protection Act (NPPA) and California in Factor A. Therefore, while some U.S.C. 9601), the Resources Endangered Species Act (CESA; listed threats are discussed in both sections, in Conservation and Recovery Act (42 1982). However, the range of C. grisea is this section we are focusing on the U.S.C. 6901), and the Soil Conservation restricted to a Federal military direct impacts to individuals of C. Act (16 U.S.C. 3B) (see INRMP section installation, so listing under NPPA and grisea. above under Malacothamnus CESA may only afford protection to this Movement of Vehicles and Troops clementinus—Factor D). Natural species in rare instances when the lead resource objectives of relevance to the agency is a non-Federal agency or when Military training activities within protection of C. grisea in the INRMP proposed activities fall under other training areas often entail the movement include an objective to: ‘‘Protect, State laws. of vehicles and troops over the monitor, and restore plants and landscape with the potential of cryptograms in order to manage for their Summary of Factor D trampling or crushing individual plants long-term sustainability on the island’’ The regulatory mechanisms outlined (for discussion of SWAT, TAR, and IOA, (Navy 2002, p. 4–39). The INRMP above provide for adequate conservation see above discussion for specifically includes the following of Castilleja grisea. In continuance of a Malacothamnus clementinus—Factor objectives for C. grisea management: long history of cooperative conservation E). Based on the distribution of recovery of native shrub communities efforts, the Navy also implemented Castilleja grisea occurrences and type of that are host plants for the species, the several conservation actions that benefit troop movements likely to occur, removal of nonnatives, monitoring of this plant taxon. The Navy has impacts due to trampling and crushing the species, studies of preferred host implemented an MOFMP to reduce the are likely to occur within the IOA or plants, study of plant’s response to fire, risk of fire on the island and a nonnative AVMA, along roads, and in the Impact and studies and inventory of insect plant species control program. In Areas. Specifically, major troop pollinators (Navy 2002, pp. D–20, D– response to the conservation actions movements and vehicle landings are 21). Multiple INRMP management proposed and the current status of the planned through Horse Beach and the strategies have been implemented for listed taxon, we issued a non-jeopardy Horse Beach Canyon occurrence, with the conservation of C. grisea. Other biological opinion on the Navy’s troops and assault vehicles moving

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29121

north along Horse Beach Road from the al. 1983, pp. 811–815). The response of Navy will identify mechanisms to beach (USFWS 2008, pp. 30, 41). These C. grisea to fire may also be governed by reduce fire return intervals in areas not operations could affect the Horse Beach the response of its host species to fire. designated for incendiary use (USFWS Canyon and China Canyon occurrences Castilleja grisea occurs in some areas 2008, pp. 91–122). Therefore, the impact (USFWS 2008, pp. 85–86). The status of of the island that may experience of fire on individual C. grisea plants is these plants is currently unknown elevated fire frequency, such as SHOBA likely a low-level threat to long-term because of closure of the Impact Areas and especially the Impact Areas (Red persistence of this taxon. (USFWS 2008, p. 50). Canyon, China Canyon, Horse Beach Sixteen of 29 occurrences Canyon, Upper Chenetti Canyon) Climate Change (approximately 55 percent; West Cove, (discussed in Factor A above). The For general information regarding Terrace Canyon, Larkspur Canyon, potential for frequent fire at many of the climate change impacts, see above Nanny Canyon, Lemon Tank Canyon, occurrences within SHOBA is reduced discussion on climate change under Seal Cove Canyon, Eel Cove Canyon, by their location on the eastern side of Malacothamnus clementinus—Factor E. Plain northeast of Warren Canyon, Eagle the island, away from Impact Areas I Since listing of Castilleja grisea (USFWS Canyon, Bryce Canyon, Horse Beach and II. In conjunction with its 1977, p. 40684), the potential impacts of Canyon, China Canyon, Red Canyon, expansion of training activities, the ongoing, accelerated climate change Knob Canyon, Canchalagua Canyon, and Navy implemented a fire management have become a recognized threat to the Pyramid Head) are partially or wholly plan within the MOFMP that is focused flora and fauna of the United States within the boundaries of a training area on fire prevention, fuels management, (IPCC 2007a, pp. 1–52; PRBO 2011, pp. (IOA, TAR, AVMA, SWAT, or Impact and fire suppression. These measures 1–68) (for discussion of climate change Area), and may be impacted by should minimize the frequency and scenarios in California, see trampling. Recent documentation of C. spread of fires that could result in loss Malacothamnus clementinus—Factor E grisea within these training areas of C. grisea individuals. above). San Clemente is located within suggests that, while the individual Cu astilleja grisea is likely to a Mediterranean climatic regime, but plants have the potential to be impacted withstand occasional fires, as with a significant maritime influence. by the activities described above, they demonstrated through its stability on Climate change models predict an are able to sustain themselves under the the island since listing. Although fire increase in average temperature for recent levels of traffic from vehicles and ignition points are concentrated in the southern California. There is substantial troops associated with training activities military training areas, fires that escape uncertainty in precipitation projections, (SERG 2009–2011, GIS data). Steep these areas can spread to most other and relatively little consensus slopes along the eastern escarpment areas of the island. However, fires that concerning precipitation patterns and may also afford the eight C. grisea escape from training areas are not likely projections for southwestern California occurrences there some topographic to disturb the entire distribution of C. (PRBO 2011, p. 40). Less rainfall and protection from vehicle and troop grisea at one time because this taxon is warmer air temperatures could limit the movements. The anticipated loss of widely distributed across San Clemente range of C. grisea, although there is no individual plants from proposed Island, and associated with steep direct research on the effects of climate increases in troop and vehicle canyon areas where fires are less likely change on the species. Castilleja grisea movement is likely to increase, though to impact the plant. Nine of 29 C. grisea occurs in great numbers on the eastern this will likely be a low-level impact to occurrences (31 percent; Eel Cove side of the island, where fog contributes the survival and recovery of C. grisea Canyon, Seal Cove Terraces, Red to a wetter climate. This area could because it is diffuse and managed by the Canyon, China Canyon, Horse Beach become drier if fog is less frequent, Navy (USFWS 2008, pp. 91–102). Canyon, Upper Chenetti Canyon, possibly affecting moisture availability Larkspur Canyon, Lemon Tank Canyon, for C. grisea. The impacts of predicted Fire and Snake Canyon) are more vulnerable future climate change to C. grisea Although not specifically mentioned to the spread of fire associated with remain unclear. While we recognize that in the listing rule, intense or frequent military training. These occurrences climate change is an important issue fires could threaten Castilleja grisea. In include locations that fall within 0.5 mi with potential effects to listed species the Factor A discussion above, we (805 m) of TAR, or within Impact Areas and their habitats, information is not addressed impacts of fire on the habitat; where live fire and demolition training available to make accurate predictions this section covers the discrete threats to will be performed. regarding its effects to C. grisea at this individuals of C. grisea. As discussed in The Navy’s fire management practices time. the Background section, it is unknown minimize ignitions as well as the spread if C. grisea is adapted to periodic fires, of fires (as described above in Factor A). Summary of Factor E though it is likely that this taxon is The Navy is conducting annual reviews Castilleja grisea continues to be resilient to occasional fires (Navy 2002, of fire management and fire occurrences impacted by military activities and fire p. D–10; Tierra Data Inc. 2005, p. 80). that will allow for adaptive at 17 of the 29 (59 percent) occurrences Castilleja grisea has recently been management. These measures should on San Clemente Island. Military documented in portions of Horse Beach minimize the frequency and spread of training activities have the potential to Canyon that burned up to three times fires that could result in loss of ignite fires within C. grisea habitat, since 1979, and a large occurrence was individuals of C. grisea. Although, in though the majority of occurrences are discovered in Pyramid Cove the year areas operationally closed to natural outside of the Impact Areas and TAR following a fire (Navy 1996, p. 5–2). The resource managers, conservation actions where the highest impacts are mechanisms and conditions under may not be implemented, and the recognized. The threat from fire is which C. grisea can tolerate fire, and at plant’s status remains unknown. We reduced by implementation of the what frequency, are unknown. At higher anticipate that the Navy’s Navy’s MOFMP, which should limit the than natural fire frequencies, fire has the implementation of the MOFMP will frequency of fires escaping from the potential to exceed a plant’s capacity to limit the frequency with which fires Impact Areas, although suppression will persist by depleting seed banks and escape Impact Areas and TAR and that, not likely occur within the boundaries reducing reproductive output (Zedler et through the annual review process, the of the Impact Areas. Threats from

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29122 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

trampling and crushing of individual threats faced by the species. We and individuals of these taxa, surveys plants are likely to increase due to reviewed information presented in the indicate that the range of each taxon has increases in training on the island. May 18, 2010, petition, information increased since the time of listing. However, C. grisea has expanded its available in our files, and through our Increased survey efforts and survey distribution on the island, and the Navy 90-day finding in response to this accuracy have also shown that these is implementing conservation measures petition, and other available published taxa occupy significantly more sites that will continue to improve conditions and unpublished information. We also than were known at listing. The extent for this taxon. Finally, climate change consulted with species experts and to which this represents the detection of may likely influence this taxon, though Navy staff, who are actively managing previously unknown occurrences, the magnitude of this rangewide threat for the conservation of M. clementinus, recruitment from the existing seed bank, or how it may affect this taxon is A. d. var. traskiae, and C. grisea on San or recolonization associated with unknown at this time. Given the Clemente Island. dispersal events, or positive response to distribution of the species and the In considering what factors might management and conservation efforts is conservation measures that will be constitute threats, we must look beyond not known. Regardless, the increase of implemented by the Navy, the threats the mere exposure of the species to the both the range and number of described here currently and in the factor to determine whether the occurrences for all species indicates an future are either of limited extent or exposure causes actual impacts to the overall improved status for these species adequately managed to reduce and species. If there is exposure to a factor, since listing. minimize impacts to the species, while but no response, or only a positive The surveys and discoveries of new the potential overall threat of climate response, that factor is not a threat. If occurrences also contribute to the change remains unknown across this there is exposure and the species achievement of objectives in the taxon’s range. responds negatively, the factor may be Recovery Plan (Objective 6; USFWS a threat and we then attempt to 1984, p. 107). The Navy has taken Combination of Factors—Castilleja determine how significant the threat is. measures to locate the heaviest impacts grisea If the threat is significant, it may drive, of military operations away from the A species may be affected by more or contribute to, the risk of extinction of species to the extent feasible while than one threat in combination. Within the species such that the species meeting operational needs, which will the preceding review of the five listing warrants listing as threatened or minimize, but not fully eliminate, the factors, we have identified multiple endangered as those terms are defined damage or destruction of individuals or threats that may have interrelated by the Act. This does not necessarily occurrences of M. clementinus, A. d. impacts on the species (see above require empirical proof of a threat. The var. traskiae, and C. grisea, partially discussion on Combination of Factors combination of exposure and some fulfilling Objective 1 of the Recovery under Malacothamnus clementinus— corroborating evidence of how the Plan (USFWS 1984, p. 107; USFWS Factor E). The species’ productivity may species is likely impacted could suffice. 2008, pp. 90, 101, 121). However, the be reduced because of these threats, The mere identification of factors that largest and most diverse occurrences of either singularly or in combination. could impact a species negatively is not Malacothamnus clementinus are closed However, it is not necessarily easy to sufficient to compel a finding that to natural resource monitoring and determine (nor is it necessarily listing is appropriate; we require management, and their status remains determinable) whether a particular evidence that these factors are operative unknown. threat is the primary threat having the threats that act on the species to the Malacothamnus clementinus greatest effect on the viability of the point that the species meets the species, or whether it is exacerbated by definition of threatened or endangered Since the removal of feral goats and or working in combination with other under the Act. pigs, the distribution of Malacothamnus potential threats to have cumulative or A direct threat identified in the listing clementinus has expanded from 3 to 11 synergistic effects on the species. While rule (42 FR 40682), grazing from feral occurrences on San Clemente Island. the combination of factors is a threat to herbivores, was eliminated by 1992 However, there are still significant the existence of Castilleja grisea, we are through the complete removal of goats threats to the species, including threats unable to determine the magnitude or and pigs from the island (Factors A and to habitat from military training extent of cumulative or synergistic C). This action also fulfilled one of the activities directly related to land use, effects of the combination of factors on primary goals of the Recovery Plan erosion, nonnative plants, fire, and fire the viability of the species at this time. under Objective 2 (USFWS 1984, p. management (see Malacothamnus 107). However, as a result of years of clementinus—Factor A). Habitat impacts Finding grazing, impacts from nonnative plants are caused by the movement of troops An assessment of the need for a and erosion have continued to increase and vehicles over the landscape, as well species’ protection under the Act is on the island. Our review of the status as by the use of live fire, demolitions, based on threats to that species and the of Malacothamnus clementinus, and bombardments. Six of the 11 known regulatory mechanisms in place to Acmispon dendroideus var. traskiae, occurrences of M. clementinus are ameliorate impacts from these threats. and Castilleja grisea determined that within SHOBA, much of which serves As required by section 4(a)(1) of the Act, threats to these species under Factors A, as a buffer from military training we conducted a review of the status of D, and E are present. The Navy’s natural impacts for the rest of the island. Three these taxa and assessed the five factors resource management and INRMP for M. clementinus occurrences are directly in consideration of whether the island have helped to ameliorate within the Impact Areas, where frequent Malacothamnus clementinus, Acmispon many of the threats to these species. The fire, habitat disturbance (bombardment), dendroideus var. traskiae, and Castilleja Navy implements natural resource and troop and vehicle movement occur. grisea are threatened or endangered management through the control of This includes the occurrence at Horse throughout all of their range. We nonnative species, execution of the fire Beach Canyon that comprises the examined the best scientific and management plan, and avoidance of greatest number of point localities and commercial information available federally listed species. Despite current one of the two occurrences with the regarding the past, present, and future impacts from these threats to the habitat greatest genetic variability (Helenurm

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29123

1999, p. 39). Through implementation of activities necessary for military intensity of bombardments in Impact the INRMP, the Navy developed an readiness and training, and the closure Areas I and II and the movement of large MOFMP and a nonnative plant of some areas creates uncertainty as to groups of troops and vehicles through management plan to help minimize or the status of the occurrences within M. clementinus habitat. The threats to ameliorate these threats to the species. those areas and whether those M. clementinus, coupled with low However, the status of M. clementinus at occurrences will benefit from genetic fitness, place this taxon at risk Lemon Tank Canyon and the three conservation measures. of extinction throughout all of its range, occurrences in Impact Areas within As discussed in the Factor Analysis, and reclassification from endangered to SHOBA remains unknown at this time, a species may be affected by more than threatened is not warranted at this time. because these areas are closed to natural one threat in combination. For example, Acmispon dendroideus var. traskiae resource personnel (USFWS 2008, p. fires (Factors A and E) may be more 50). intense or frequent in the habitat if there Since listing and the removal of feral Threats to individual Malacothamnus are greater amounts of nonnative grasses goats and pigs on San Clemente Island, clementinus plants also affect the (Factor A) present in the vegetative the distribution of Acmispon species and include: Movement of community. Additionally, military dendroideus var. traskiae has expanded vehicles and troops, fire, climate activities or erosion may lead to from 6 to 29 occurrences, mainly along change, and low genetic diversity (see increased nonnatives in an area. Thus, the western terraces and eastern Malacothamnus clementinus—Factor the species’ viability may be reduced escarpment. These significant gains E). The steps that the Navy has taken to because of synergistic effects when demonstrate alleviation of threats from minimize impacts and avoid multiple threats are present at one time. feral ungulates and that the species is endangered species to the extent Therefore, the combination of factors is persisting despite existing and practicable have helped ameliorate the a threat to the existence of remaining threats across the landscape. threats caused by training to the Malacothamnus clementinus, but we are The taxon faces impacts from military individual M. clementinus plants. unable to determine the magnitude or training activities and land use, erosion, Climate change may impact M. extent of any synergistic effects of the nonnative plants, and fire (see clementinus, though the effect is largely various factors and their impact at this Acmispon dendroideus var. traskiae— unknown. The genetic makeup of the time. Factor A). Impacts from land use species has been studied (fulfilling In conclusion, we have carefully include movement of troops and Objective 4 of the Recovery Plan), assessed the best scientific and vehicles over the landscape, as well as revealing that genetic variation within commercial information available the use of live fire, demolitions, and the species is low. Combined with a low regarding the past, present, and future bombardments. Much of this activity is seed production rate and vegetative threats faced by this species. Our review concentrated in training areas within reproduction, low genetic diversity puts of the information pertaining to the five the range of A. d. var. traskiae. the species at risk of low genetic fitness threat factors does not support a However, many of these occurrences are and extinction by stochastic events. conclusion that the threats have been along the eastern escarpment that is The Navy implemented an INRMP to sufficiently removed, or that their more protected from fire and military coordinate the management of natural imminence, intensity, or magnitude activity. Additionally, the majority of resources on the island. Providing a have been reduced to the extent that the locations occupied by A. d. var. traskiae framework for military operations, this species no longer requires the (24 of 29 occurrences, or 83 percent) fall plan helps to ameliorate threats to the protections of the Act. Four of the 11 outside of training areas, and thus do endangered species on the island, and known occurrences of the species have not receive intensive habitat provides for long-term conservation been closed to nonmilitary personnel, disturbance. Access to the eastern planning within the scope of military such that we are unable to assess the escarpment, within SHOBA and east of readiness. Provisions included in the impacts of the threats described under Ridge Road, was recently closed for INRMP provide some protection for the five listing factors above, nor are we safety concerns. As a result, the status Malacothamnus clementinus able to document the status of a of 4 of 29 occurrences (14 percent) occurrences (including Acmispon substantial portion of the occurrences of could be difficult to monitor in the dendroideus var. traskiae, and Castilleja Malacothamnus clementinus. This future. grisea), and allows adaptive includes one occurrence with the The Navy implemented a nonnative management of the habitat in order to highest number of point localities and plant management plan and an MOFMP help address threats from military the greatest genetic variability. Under to ameliorate habitat threats to the activities and nonnative plants. provision of section 4(a)(1) of the Act, species. Erosion control measures are Occurrences within Impact Areas or we must assess the status in order to list incorporated into all project designs to operationally closed areas may not or change the status of a species from minimize the potential to exacerbate benefit from the conservation measures endangered to threatened. existing erosion and avoid impacts to associated with the MOFMP due to lack The 2007 status review listed land listed species (Munson 2011a, pers. of access for natural resources use, fire, nonnative species, erosion, comm.). Additionally, large-scale personnel. Existing regulatory natural factors, fire management, and island-wide maneuvers with assault mechanisms, absent the protections of access to SHOBA as threats to the vehicles have been postponed until an the Act, provide insufficient certainty species (USFWS 2007, p. 1–23). erosion control plan is drafted and that efforts needed to address long-term Although we recommended downlisting implemented. While it is anticipated conservation of the species will be in our 2007 status review, at this time that military training activities, erosion, implemented, or that they will be we conclude that Malacothamnus nonnatives, and fire will have ongoing effective in reducing the level of threats clementinus continues to be in danger of impacts to the taxon’s habitat, based on to M. clementinus throughout its range. extinction throughout its range because the current distribution of this taxon Under the INRMP, occurrences of M. of the change in intensity of training and existing conservation efforts, clementinus, including the largest and and associated impacts enacted in the impacts from these threats are reduced most genetically diverse occurrences, 2008 MOFMP. These changes include and minimized for Acmispon will continue to be impacted by military the escalation in frequency and dendroideus var. traskiae.

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29124 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

Under the Sikes Act, the Navy has ongoing threats are not of sufficient escarpment and east of Ridge Road, was implemented an INRMP to organize the imminence, intensity, or magnitude to recently closed for safety concerns. The management of natural resources on the indicate that Acmispon dendroideus status of the four occurrences may be island (also see above discussion in the var. traskiae is presently in danger of difficult to assess in the future, although Finding section for Malacothamnus extinction throughout its range and does these areas may be more protected from clementinus). Existing regulatory not, therefore, meet the definition of an fire and military activity and are likely mechanisms, absent the protections of endangered species. While A. d. var. less impacted by habitat threats. A large the Act, provide insufficient certainty traskiae will continue to be impacted by proportion of C. grisea occurrences fall that efforts needed to address long-term military training activities and land use, outside Impact Areas, TAR, and conservation of the species will be erosion, nonnative plants, and fire, the fuelbreaks, where the most intensive implemented, or that they will be expanded number of occurrences habitat disturbances are likely to take effective in reducing the level of threats reduces the severity and magnitude of place. to Acmispon dendroideus var. traskiae threats and the likelihood that any one Threats impacting individual plants throughout its range. Under the INRMP, event would affect all occurrences of the of Castilleja grisea on the island occurrences of A. d. var. traskiae will species. The extent of hybridization include: movement of vehicles and continue to be impacted by military within the species is also not known troops, fire, and potentially climate activities necessary for military and could affect the genetic integrity of change (see Castilleja grisea—Factor E). readiness and training. the plant. Additionally, the plant occurs The Navy has ameliorated the threats to Individual Acmispon dendroideus in recently closed areas, and these individual plants by taking steps to var. traskiae plants also face threats on occurrences will not be able to be minimize training impacts and the island. Movement of vehicles and accessed or managed in the future with measures to avoid endangered species to troops, fire, climate change, and these closures. the extent practicable. The threats hybridization with related species all Though these threats to Acmispon described under Factor E are either of impact the status of the species (see dendroideus var. traskiae still exist and limited extent or adequately managed Acmispon dendroideus var. traskiae— will continue into the foreseeable and are not likely to impede the Factor E). The steps that the Navy has future, the range of this taxon has recovery of C. grisea. taken to minimize impacts and avoid substantially increased since listing, and Under the Sikes Act, the Navy has endangered species to the extent the Navy is implementing conservation implemented an INRMP to organize the practicable are ameliorating the threat of actions through their INRMP to reduce management of natural resources on the trampling individual A. d. var. traskiae threats impacting A. d. var. traskiae. island (also see above discussion in the plants caused by training. Hybridization Therefore, we find that the petitioned Finding section for Malacothamnus has also been studied (fulfilling action to downlist A. d. var. traskiae to clementinus). Existing regulatory Objective 4 of the Recovery Plan), with threatened is warranted. Please see the mechanisms, absent the protections of confirmed hybrids occurring in Wilson Significant Portion of the Range the Act, provide insufficient certainty Cove (Wilson Cove). The genetic Analysis section below for our that efforts needed to address long-term integrity of A. d. var. traskiae may be evaluation as to whether this species conservation of the species will be threatened by hybridization with A. may or may not be in danger of implemented, or that they will be argophyllus var. argenteus at one of the extinction in a significant portion of its effective in reducing the level of threats largest occurrences, and requires further range. to Castilleja grisea throughout its range. investigation. The threats described here Under the INRMP, occurrences of C. Castilleja grisea (Factor E) are either of limited or grisea will continue to be impacted by undetermined magnitude, or reduced to The known distribution of Castilleja military activities necessary for military the extent that we anticipate they will grisea has expanded from 19 to 29 readiness and training. not impede the recovery of A. d. var. known occurrences since listing, likely As discussed above in the Factor traskiae. due to the removal of feral goats and Analysis, a species may be affected by As discussed above in the Factor pigs from the island in 1992. These more than one threat in combination. Analysis, a species may be affected by significant gains demonstrate some For example, fires (Factors A and E) more than one threat in combination. alleviation of threats from feral may be more intense or frequent in the For example, fires (Factors A and E) ungulates and that the species is habitat if there are greater amounts of may be more intense or frequent in the persisting despite existing and nonnative grasses (Factor A) present in habitat if there are greater amounts of remaining threats across the landscape. the vegetative community. Thus, the nonnative grasses (Factor A) present in Castilleja grisea faces impacts from species’ viability may be reduced the vegetative community. Thus, the military training activities and land use, because of threats in combination. species’ viability may be reduced erosion, nonnative plants, fire, and fire Therefore, the combination of factors is because of threats in combination. management (see Castilleja grisea— a threat to the existence of Castilleja Therefore, the combination of factors is Factor A). The movement of troops and grisea, but we are unable to determine a threat to the existence of Acmispon vehicles over the landscape, as well as the magnitude or extent of any dendroideus var. traskiae, but we are use of live fire, demolitions, and synergistic effects of the various factors unable to determine the magnitude or bombardments, results in destruction and their impact at this time. extent of any synergistic effects of the and degradation of habitat occupied by In conclusion, we have carefully various factors and their impact at this C. grisea. Much of this activity is assessed the best scientific and time. concentrated in SHOBA within training commercial information available In conclusion, we have carefully areas and Impact Areas. Four regarding the past, present, and future assessed the best scientific and occurrences are within the Impact threats faced by this species. After commercial information available Areas, where frequent fire, habitat review of the information pertaining to regarding the past, present, and future disturbance (bombardment), and troop the five threat factors, we find the threats faced by this species. After and vehicle movement take place in the ongoing threats are not of sufficient review of the information pertaining to heavily used ranges. Access to parts of imminence, intensity, or magnitude to the five threat factors, we find that the SHOBA, including the eastern indicate that Castilleja grisea is

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29125

presently in danger of extinction across 12, 2009); and WildEarth Guardians v. that the phrase ‘‘significant portion of its range. While C. grisea will continue Salazar, 2010 U.S. Dist. LEXIS 105253 its range’’ provides an independent to be impacted by military training (D. Ariz. Sept. 30, 2010), concerning the basis for listing and protecting the entire activities and land use, erosion, Service’s 2008 finding on a petition to species, we next turn to the meaning of nonnative plants, and fire, the expanded list the Gunnison’s prairie dog (73 FR ‘‘significant’’ to determine the threshold number of occurrences reduces the 6660, Feb. 5, 2008). The Service had for when such an independent basis for severity and magnitude of threats and asserted in both of these determinations listing exists. the likelihood that any one event would that it had authority, in effect, to protect Although there are potentially many affect all occurrences of the species. only some members of a ‘‘species,’’ as ways to determine whether a portion of Additionally, the plant occurs in defined by the Act (i.e., species, a species’ range is ‘‘significant,’’ we operationally closed areas, such as the subspecies, or DPS), under the Act. Both conclude, for the purposes of this Impact Areas, where threats are courts ruled that the determinations finding, that the significance of the concentrated and occurrences cannot be were arbitrary and capricious on the portion of the range should be accessed or managed with these grounds that this approach violated the determined based on its biological closures. plain and unambiguous language of the contribution to the conservation of the Though threats to Castilleja grisea Act. The courts concluded that reading species. For this reason, we describe the still exist and will continue into the the SPR language to allow protecting threshold for ‘‘significant’’ in terms of foreseeable future, the range of this only a portion of a species’ range is an increase in the risk of extinction for taxon has substantially increased since inconsistent with the Act’s definition of the species. We conclude that a listing, and the Navy is implementing ‘‘species.’’ The courts concluded that biologically based definition of conservation actions through their once a determination is made that a ‘‘significant’’ best conforms to the INRMP to reduce threats impacting C. species (i.e., species, subspecies, or purposes of the Act, is consistent with grisea. Therefore, we find that the DPS) meets the definition of judicial interpretations, and best petitioned action to downlist C. grisea ‘‘endangered species’’ or ‘‘threatened ensures species’ conservation. Thus, for to threatened is warranted at this time. species,’’ it must be placed on the list the purposes of this finding, a portion Please see the Significant Portion of the in its entirety and the Act’s protections of the range of a species is ‘‘significant’’ Range Analysis section below for our applied consistently to all members of if its contribution to the viability of the evaluation as to whether this species that species (subject to modification of species is so important that, without may or may not be in danger of protections through special rules under that portion, the species would be in extinction in a significant portion of its sections 4(d) and 10(j) of the Act). danger of extinction. range. Consistent with that interpretation, We evaluate biological significance and for the purposes of this finding, we based on the principles of conservation Significant Portion of the Range interpret the phrase ‘‘significant portion biology using the concepts of Analysis of its range’’ in the Act’s definitions of redundancy, resiliency, and The Act defines ‘‘endangered species’’ ‘‘endangered species’’ and ‘‘threatened representation. Resiliency describes the as any species which is ‘‘in danger of species’’ to provide an independent characteristics of a species that allow it extinction throughout all or a significant basis for listing; thus there are two to recover from periodic disturbance. portion of its range,’’ and ‘‘threatened situations (or factual bases) under which Redundancy (having multiple species’’ as any species which is ‘‘likely a species would qualify for listing: A populations distributed across the to become an endangered species within species may be endangered or landscape) may be needed to provide a the foreseeable future throughout all or threatened throughout all of its range; or margin of safety for the species to a significant portion of its range.’’ The a species may be endangered or withstand catastrophic events. definition of ‘‘species’’ is also relevant threatened in only a significant portion Representation (the range of variation to this discussion. The Act defines the of its range. If a species is in danger of found in a species) ensures that the term ‘‘species’’ as follows: ‘‘The term extinction throughout an SPR, it, the species’ adaptive capabilities are ‘species’ includes any subspecies of fish species, is an ‘‘endangered species.’’ conserved. Redundancy, resiliency, and or wildlife or plants, and any distinct The same analysis applies to representation are not independent of population segment [DPS] of any ‘‘threatened species.’’ Therefore, the each other, and some characteristic of a species of vertebrate fish or wildlife consequence of finding that a species is species or area may contribute to all which interbreeds when mature.’’ The endangered or threatened in only a three. For example, distribution across a phrase ‘‘significant portion of its range’’ significant portion of its range is that the wide variety of habitats is an indicator (SPR) is not defined by the statute, and entire species shall be listed as of representation, but it may also we have never addressed in our endangered or threatened, respectively, indicate a broad geographic distribution regulations: (1) The consequences of a and the Act’s protections shall be contributing to redundancy (decreasing determination that a species is either applied across the species’ entire range. the chance that any one event affects the endangered or likely to become so We conclude, for the purposes of this entire species), and the likelihood that throughout a significant portion of its finding, that interpreting the SPR phrase some habitat types are less susceptible range, but not throughout all of its as providing an independent basis for to certain threats, contributing to range; or (2) what qualifies a portion of listing is the best interpretation of the resiliency (the ability of the species to a range as ‘‘significant.’’ Act because it is consistent with the recover from disturbance). None of these Two recent district court decisions purposes and the plain meaning of the concepts is intended to be mutually have addressed whether the SPR key definitions of the Act; it does not exclusive, and a portion of a species’ language allows the Service to list or conflict with established past agency range may be determined to be protect less than all members of a practice (i.e., prior to the 2007 ‘‘significant’’ due to its contributions defined ‘‘species’’: Defenders of Wildlife Solicitor’s Opinion), as no consistent, under any one of these concepts. v. Salazar, 729 F. Supp. 2d 1207 (D. long-term agency practice has been For the purposes of this finding, we Mont. 2010), concerning the Service’s established; and it is consistent with the determine if a portion’s biological delisting of the Northern Rocky judicial opinions that have most closely contribution is so important that the Mountain gray wolf (74 FR 15123, Apr. examined this issue. Having concluded portion qualifies as ‘‘significant’’ by

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29126 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

asking whether, without that portion, litigation. Under that interpretation, the clearly would not meet the biologically the representation, redundancy, or portion of the range would have to be based definition of ‘‘significant,’’ such resiliency of the species would be so so important that current imperilment portions will not warrant further impaired that the species would have an there would mean that the species consideration. increased vulnerability to threats to the would be currently imperiled Having determined that Acmispon point that the overall species would be everywhere. Under the definition of dendroideus var. traskiae and Castilleja in danger of extinction (i.e., would be ‘‘significant’’ used in this finding, the grisea are no longer endangered ‘‘endangered’’). Conversely, we would portion of the range need not rise to throughout their ranges as a not consider the portion of the range at such an exceptionally high level of consequence of the threats evaluated issue to be ‘‘significant’’ if there is biological significance. (We recognize under the five factors in the Act, we sufficient resiliency, redundancy, and that if the species is imperiled in a must next consider whether there are representation elsewhere in the species’ portion that rises to that level of any significant portions of these two range that the species would not be in biological significance, then we should species’ ranges where they are currently danger of extinction throughout its conclude that the species is in fact endangered. A portion of a species’ range if the population in that portion imperiled throughout all of its range, range is significant if it is part of the of the range in question became and that we would not need to rely on current range of the species and is extirpated (extinct locally). the SPR language for such a listing.) important to the conservation of the We recognize that this definition of Rather, under this interpretation we ask species as evaluated based upon its ‘‘significant’’ establishes a threshold whether the species would be representation, resiliency, or that is relatively high. On the one hand, endangered everywhere without that redundancy. given that the consequences of finding portion, i.e., if that portion were Acmispon dendroideus var. traskiae a species to be endangered or threatened completely extirpated. In other words, Applying the process described in an SPR would be listing the species the portion of the range need not be so above, we evaluated the range of throughout its entire range, it is important that even being in danger of Acmispon dendroideus var. traskiae to important to use a threshold for extinction in that portion would be determine if any units could be ‘‘significant’’ that is robust. It would not sufficient to cause the remainder of the considered a significant portion of its be meaningful or appropriate to range to be endangered; rather, the range. This taxon is an island endemic establish a very low threshold whereby complete extirpation (in a hypothetical restricted to a single, small island, with a portion of the range can be considered future) of the species in that portion no natural division in its range. Because ‘‘significant’’ even if only a negligible would be required to cause the of its limited range and number of increase in extinction risk would result remainder of the range to be occurrences in close proximity to one from its loss. Because nearly any portion endangered. of a species’ range can be said to another, no portion is likely to have a contribute some increment to a species’ The range of a species can greater contribution to representation, viability, use of such a low threshold theoretically be divided into portions in resiliency, or redundancy than other would require us to impose restrictions an infinite number of ways. However, portions. Furthermore, the existing and and expend conservation resources there is no purpose to analyzing potential primary direct and indirect disproportionately to conservation portions of the range that have no threats from military training activities, benefit: listing would be rangewide, reasonable potential to be significant nonnative plant species, fire, and even if only a portion of the range of and threatened or endangered. To erosion are relatively uniform across minor conservation importance to the identify only those portions that warrant San Clemente Island, indicating that no species is imperiled. On the other hand, further consideration, we determine portions of its range are experiencing a it would be inappropriate to establish a whether there is substantial information greater severity or magnitude of threats. threshold for ‘‘significant’’ that is too indicating that: (1) The portions may be We conclude that there are no portions high. This would be the case if the ‘‘significant,’’ and (2) the species may be that warrant further consideration under standard were, for example, that a in danger of extinction there or likely to this analysis. portion of the range can be considered become so within the foreseeable future. In summary, the primary threats to ‘‘significant’’ only if threats in that Depending on the biology of the species, Acmispon dendroideus var. traskiae are portion result in the entire species’ its range, and the threats it faces, it relatively uniform throughout its range. being currently endangered or might be more efficient for us to address We determined that none of the existing threatened. Such a high bar would not the significance question first or the or potential threats, either alone or in give the SPR phrase independent status question first. Thus, if we combination with others, currently meaning, as the Ninth Circuit held in determine that a portion of the range is place A. d. var. traskiae in danger of Defenders of Wildlife v. Norton, 258 not ‘‘significant,’’ we do not need to extinction throughout all or a significant F.3d 1136 (9th Cir. 2001). determine whether the species is portion of its range. However, without The definition of ‘‘significant’’ used in endangered or threatened there; if we the continued protections of the Act, this finding carefully balances these determine that the species is not this taxon is likely to become concerns. By setting a relatively high endangered or threatened in a portion of endangered throughout its range in the threshold, we minimize the degree to its range, we do not need to determine foreseeable future. Threatened status is which restrictions will be imposed or if that portion is ‘‘significant.’’ In therefore appropriate for A. d. var. resources expended that do not practice, a key part of the portion status traskiae throughout its entire range. contribute substantially to species analysis is whether the threats are conservation. But we have not set the geographically concentrated in some Castilleja grisea threshold so high that the phrase ‘‘in a way. If the threats to the species are Applying the process described significant portion of its range’’ loses essentially uniform throughout its above, we evaluated the range of independent meaning. Specifically, we range, no portion is likely to warrant Castilleja grisea to determine if any have not set the threshold as high as it further consideration. Moreover, if any units could be considered a significant was under the interpretation presented concentration of threats applies only to portion of its range (also see the by the Service in the Defenders portions of the species’ range that Significant Portion of the Range

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules 29127

Analysis section above for Acmispon implemented as outlined in the of the methods listed in the ADDRESSES dendroideus var. traskiae). This island Recovery Plan for the Endangered and section. To better help us revise the endemic is restricted to a single, small Threatened Species of the California rule, your comments should be as island with no natural division in its Channel Islands (USFWS 1984). This specific as possible. For example, you range. Because of its limited range and recovery plan addresses 10 plants should tell us the names of the sections number of occurrences in close (including Malacothamnus clementinus, or paragraphs that are unclearly written, proximity to one another, no portion is A. d. var. traskiae, and C. grisea) and which sections or sentences are too likely to have a greater contribution to animals distributed among three of the long, the sections where you feel lists or its representation, resiliency, or Channel Islands (USFWS 1984). tables would be useful, etc. redundancy than other portions. The Peer Review primary threats to C. grisea, military Executive Order 13211 training activities, nonnative plant In accordance with our joint policy on Executive Order 13211 requires species, fire, and erosion, are relatively peer review published in the Federal agencies to prepare Statements of uniform throughout its range (San Register on July 1, 1994 (59 FR 34270), Energy Effects when undertaking certain Clemente Island), indicating that no we will seek the expert opinions of at actions. This rule is not expected to portion is experiencing a greater least three appropriate and independent significantly affect energy supplies, severity or magnitude of threats. We specialists regarding this proposed rule distribution, or use. Therefore, this conclude that there are no portions that to reclassify Acmispon dendroideus var. action is not a significant energy action warrant further consideration under this traskiae and Castilleja grisea from and no Statement of Energy Effects is analysis. We determined that none of endangered to threatened. The purpose required. the existing or potential threats, either of peer review is to ensure that our alone or in combination with others, proposed rule is based on scientifically Paperwork Reduction Act of 1995 currently place C. grisea in danger of sound data, assumptions, and analyses. Office of Management and Budget extinction throughout all of its range. We have invited these peer reviewers to (OMB) regulations at 5 CFR part 1320, However, without the continued comment during this public comment which implement provisions of the protections of the Act, this taxon is period on our proposed downlisting. Paperwork Reduction Act (44 U.S.C. We will consider all comments and likely to become endangered throughout 3501 et seq.), require that Federal information we receive during this its range in the foreseeable future. agencies obtain approval from OMB comment period on this proposed rule Threatened status is therefore before collecting information from the during our preparation of the final appropriate for C. grisea throughout its public. This rule does not contain any determination. Accordingly, the final entire range. new collections of information that decision may differ from this proposal. Effects of This Rule require approval by OMB under the If this proposed rule is made final, it Public Hearings Paperwork Reduction Act. This rule will would revise 50 CFR 17.12(h) to Section 4(b)(5) of the Act provides for not impose recordkeeping or reporting reclassify Acmispon dendroideus var. one or more public hearings on this requirements on State or local traskiae and Castilleja grisea from proposal, if requested. We must receive governments, individuals, businesses, or endangered to threatened on the List of your request within 45 days after the organizations. An agency may not Endangered and Threatened Plants and date of this Federal Register conduct or sponsor, and a person is not to correct the scientific and common publication. Send your request to the required to respond to, a collection of names for Acmispon dendroideus var. address shown in the FOR FURTHER information unless it displays a traskiae. However, this reclassification INFORMATION CONTACT section. We will currently valid OMB control number. does not significantly change the schedule public hearings on this National Environmental Policy Act protections afforded these species under proposal, if any are requested, and the Act. The regulatory protections of announce the dates, times, and places of We determined we do not need to section 9 and section 7 of the Act (see those hearings, as well as how to obtain prepare an Environmental Assessment Factor D, above) would remain in place. reasonable accommodations, in the or an Environmental Impact Statement, Pursuant to section 7 of the Act, all Federal Register and local newspapers as defined under the authority of the Federal agencies must ensure that any at least 15 days before the hearing. National Environmental Policy Act of actions they authorize, fund, or carry 1969 (42 U.S.C. 4321 et seq.), in Required Determinations out are not likely to jeopardize the connection with regulations adopted continued existence of A. d. var. Clarity of the Rule pursuant to section 4(a) of the Act. We traskiae and C. grisea. Whenever a published a notice outlining our reasons We are required by Executive Orders for this determination in the Federal species is listed as threatened, the Act 12866 and 12988 and by the allows promulgation of special rules Register on October 25, 1983 (48 FR Presidential Memorandum of June 1, 49244). under section 4(d) that modify the 1998, to write all rules in plain standard protections for threatened language. This means that each rule we References Cited species found under section 9 of the Act publish must: and Service regulations at 50 CFR 17.31 (a) Be logically organized; A complete list of references cited in and 17.71, when it is deemed necessary (b) Use the active voice to address this rulemaking is available on the and advisable to provide for the readers directly; Internet at http://www.regulations.gov conservation of the species. There are (c) Use clear language rather than and upon request from the Carlsbad no 4(d) rules in place or proposed for A. jargon; Fish and Wildlife Office (see FOR d. var. traskiae and C. grisea, because (d) Be divided into short sections and FURTHER INFORMATION CONTACT). there is currently no conservation need sentences; and Author(s) to do so for these species. (e) Use lists and tables wherever Recovery actions directed at possible. The primary authors of this package Acmispon dendroideus var. traskiae and If you feel that we have not met these are the staff members of the Carlsbad Castilleja grisea will continue to be requirements, send us comments by one Fish and Wildlife Office.

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 29128 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Proposed Rules

List of Subjects in 50 CFR Part 17 50 of the Code of Federal Regulations, 2. Amend § 17.12(h) under as set forth below: ‘‘Flowering Plants’’ by removing the Endangered and threatened species, entry for ‘‘Lotus dendroideus var. Exports, Imports, Reporting and PART 17—ENDANGERED AND traskiae’’ and adding an entry for recordkeeping requirements, THREATENED WILDLIFE AND PLANTS ‘‘Acmispon dendroideus var. traskiae’’ Transportation. and revising the entry for ‘‘Castilleja 1. The authority citation for part 17 grisea’’ to read as follows: Proposed Regulation Promulgation continues to read as follows: § 17.12 Endangered and threatened plants. Accordingly, we propose to amend Authority: 16 U.S.C. 1361–1407; 16 U.S.C. part 17, subchapter B of chapter I, title 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– * * * * * 625, 100 Stat. 3500; unless otherwise noted. (h) * * *

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

FLOWERING PLANTS

******* Acmispon San Clemente Island U.S.A. (CA) ...... Fabaceae ...... T 26 NA NA dendroideus var. lotus. traskiae.

******* Castilleja grisea ...... San Clemente Island U.S.A. (CA) ...... Orobanchaceae ...... T 26 NA NA Paintbrush.

*******

Authority 1973, as amended (16 U.S.C. 1531 et Dated: May 1, 2012. The authority for this action is section seq.). David L. Cottingham, 4 of the Endangered Species Act of Acting Director, Fish and Wildlife Service. [FR Doc. 2012–11339 Filed 5–15–12; 8:45 am] BILLING CODE 4310–55–P

VerDate Mar<15>2010 20:55 May 15, 2012 Jkt 226001 PO 00000 Frm 00052 Fmt 4701 Sfmt 9990 E:\FR\FM\16MYP2.SGM 16MYP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2