8408 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations

State Name of non-regulatory SIP Applicable geographic area submittal EPA approval date Additional explanation revision date

******* Interstate Pollution Transport Statewide ...... 6/6/14 2/19/16 [Insert Federal Reg- This action addresses the in- Requirements for the 2010 ister citation]. frastructure element of CAA NO2 NAAQS. section 110(a)(2)(D)(i)(I), or the good neighbor provi- sion, for the 2010 NO2 NAAQS.

[FR Doc. 2016–03394 Filed 2–18–16; 8:45 am] appointment, during normal business the entry for abramsiana BILLING CODE 6560–50–P hours at: U.S. Fish and Wildlife Service, from 50 CFR 17.12(h) with an entry for Ventura Fish and Wildlife Office, 2493 abramsiana. Portola Road, Suite B, Ventura, DEPARTMENT OF THE INTERIOR California 93003; telephone 805–644– Summary of Biological Status and 1766; facsimile 805–644–3958. Factors Affecting the Species Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: This section introduces and Stephen P. Henry, Field Supervisor, 50 CFR Part 17 summarizes the biological status and U.S. Fish and Wildlife Service, Ventura factors affecting Santa Cruz cypress [Docket No. FWS–R8–ES–2013–0092; Fish and Wildlife Office, 2493 Portola identified at each period of the species’ 4500030113] Road, Suite B, Ventura, CA 93003; review history. We have described the RIN 1018–AY77 telephone 805–644–1766; facsimile level of threats using a scale of low, 805–644–3958. Persons who use a moderate, and high (as discussed in Endangered and Threatened Wildlife telecommunications device for the deaf Appendix 1 of the Species Report). A and ; Reclassifying (TDD) may call the Federal Information low-level threat indicates a threat that Hesperocyparis abramsiana Relay Service (FIRS) at 800–877–8339. has the potential to occur at any time, (=) as SUPPLEMENTARY INFORMATION: Threatened although the possibility is unlikely that Previous Federal Action this threat will affect the species across AGENCY: Fish and Wildlife Service, On September 3, 2013, we proposed its range or interrupt the species’ Interior. to reclassify the Santa Cruz cypress from persistence into the future. A moderate- ACTION: Final rule. an to a threatened level threat indicates a threat that is currently affecting the long-term SUMMARY: We, the U.S. Fish and species (78 FR 54221) on the List of persistence of the species in a particular Wildlife Service (Service), determine Endangered and Threatened Plants in population or across its range, but does status under the part 17 of title 50 of the Code of Federal Endangered Species Act of 1973 (Act), Regulations (CFR). Please refer to the not pose an imminent threat to the as amended, for Hesperocyparis proposed reclassification rule for the persistence of the species. A high-level abramsiana (=Cupressus abramsiana) Santa Cruz cypress (78 FR 54221; threat indicates a well-documented, (Santa Cruz cypress), a species September 3, 2013) for a detailed imminent threat to a large number of found in Santa Cruz and San Mateo description of the previous Federal individuals that has the potential to Counties in west-central California. We actions concerning this species. This disrupt the long-term persistence of the also finalize the correction to the final rule constitutes our final action species in a particular population or scientific name of Santa Cruz cypress on regarding the petition to reclassify the across its range. the List of Endangered and Threatened Santa Cruz cypress from endangered to At the time of listing, the primary Plants. The effect of this regulation will threatened (Pacific Legal Foundation threats to Santa Cruz cypress were be to change the listing status of Santa 2011, pp. 1–11). residential development, agricultural Cruz cypress from an endangered Background conversion, logging, oil and gas drilling, species to a threatened species on the For a detailed discussion of Santa genetic introgression, and alteration of List of Endangered and Threatened Cruz cypress’s description, taxonomy, the natural frequency of fires that Plants. life history, habitat, soils, distribution, threatened to destroy portions of each DATES: This rule becomes effective abundance, age and size distribution, population (52 FR 675; January 8, 1987). March 21, 2016. and role of fire in regeneration, please Other (secondary) threats in 1987 ADDRESSES: This final rule is available see the Santa Cruz Cypress included vandalism, disease, and on the internet at http:// Hesperocyparis [Cupressus] abramsiana inadequate regulatory mechanisms (52 www.regulations.gov under Docket No. Species Report (Service 2015, pp. 1–57) FR 675). Of the primary threats in 1987, FWS–R8–ES–2013–0092 and at http:// (Species Report), which is available for residential development, agricultural www.fws.gov/ventura/. Comments and review under Docket No. FWS–R8–ES– conversion, and logging threatened materials we received, as well as 2013–0092 at http:// individual Santa Cruz cypress trees and supporting documentation we used in www.regulations.gov. Please refer to the stands with imminent destruction. preparing this rule, are available for proposed reclassification rule for the Other threats identified in the Recovery public inspection at http:// Santa Cruz cypress (78 FR 54221; Plan for the Santa Cruz Cypress (Service www.regulations.gov. All of the September 3, 2013) (Service 2013b) for 1998) also included oil and gas comments, materials, and a summary of information about the development, reproductive isolation, documentation that we considered in species and the proposed change in introgression, and competition from this rulemaking are available by taxonomy: In this final rule, we replace nonnative species.

VerDate Sep<11>2014 18:06 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations 8409

On May 21, 2010, we notified the (Factor A), genetic introgression (Factor magnitude threat overall for the public in the Federal Register of the E), and vandalism and unauthorized population and the species as a whole. availability of the 5-year review for recreational activities (Factors A and E). The following sections provide a Santa Cruz cypress (75 FR 28636). The The acquisition of lands for summary of the current threats 5-year review was completed on August conservation by State agencies and impacting the Santa Cruz cypress. As 17, 2009 (Service 2009, entire), and designation of lands as sensitive areas identified above, these threats include resulted in a recommendation to change by Santa Cruz County have resulted in alteration of the fire regime (Factors A the status of the species from an protection of all or large portions of and E), competition with nonnative endangered species to a threatened each population, but currently do not species (Factors A and E), climate species. At the time of the 2009 5-year provide protections from the threats change (Factor A), genetic introgression review, we reported that the threats to listed above (Factor D). Other potential (Factor E), vandalism and unauthorized Santa Cruz cypress from residential impacts evaluated and found either to recreational activities (Factors A and E), development, agricultural conversion, be of no concern, insignificant concern, and the inadequacy of existing regulatory mechanisms (Factor D). As and logging had decreased since the or negligible at this time include identified above some of the same time of listing. This decrease was residential development, agricultural potential activities that affect the habitat achieved primarily through the conversion, logging, and oil and gas acquisition of lands for conservation by (Factor A) of Santa Cruz cypress can drilling (Factor A); overutilization the California Department of Pesticide also affect individuals (Factor E). Where (Factor B); disease or predation (Factor Regulation (CDPR) and the California appropriate, we discuss impacts to both C); and reproductive isolation (Factor Department of Fish and Wildlife the habitat and to individuals of Santa (CDFW) and through other private land E). Please see Table 1, Table 4, and the Cruz cypress together for ease of transfers. No evidence existed that oil ‘‘Discussion of Threats to the Species’’ discussion and analysis. section of the Species Report for a and gas drilling was a threat to the Alteration of Fire Regime species. The 5-year review also found thorough discussion of all potential and information that the population size current threats (Service 2015, pp. 3, 22– The long-term persistence of Santa (number of individuals at each site) of 40). Cruz cypress populations can be the species was greater than known at We note, however, that, although the affected by the disruption of the natural the time of listing. The threats from threats of residential development and fire frequency because Santa Cruz alteration of fire frequencies, disease or agricultural conversion to Santa Cruz cypress requires fire (or potentially predation, reproductive isolation, cypress have been ameliorated mechanical disturbance in lieu of, or in genetic introgression, vandalism, and considerably compared to the time of combination with, fire) to reproduce. competition with nonnative species listing (to the point that we consider Most Santa Cruz cypress populations remained at the same level as identified them insignificant at this time), they are located close to residential areas, during the development of the Recovery may still occur at two of the populations where natural fires from surrounding wildland areas are excluded by the Plan (Service 1998). (i.e., the Bracken Brae and Bonny Doon creation of fire breaks and fuels The 5-year review identified low populations), although the likelihood is reduction projects. Both fire exclusion levels of regeneration (new recruitment less than previously identified in the and fire suppression lengthen the of seedlings and young plants) and the Recovery Plan. Specifically, while these interval between fires, thus altering the effects of climate change as concerns for lands are not in permanent conservation natural fire regime and increasing the the long-term persistence of the Santa ownership, the likelihood of potential Cruz cypress (Service 2009, pp. 9–13). risk of extirpation from senescence residential development is reduced at (growth phase from full maturity to Climate change was classified as a the Bracken Brae population because moderate-level threat because death). Conversely, human ignitions the land is owned by a conservation- contribute to fire intervals that are too projections indicated that the regional oriented landowner (Service 2015, p. Santa Cruz climate will become warmer short, which in turn can inhibit Santa 45) and Santa Cruz County designation and drier, which would directly affect Cruz cypress from reaching its of these lands as a sensitive area places Santa Cruz cypress across its range over reproductive potential if stands burn a restriction on certain kinds of the next century (Service 2009, pp. 10– prior to trees reaching reproductive age. development. We do not expect this 11). With prevalent fire exclusion on lands In accordance with section 4(a)(1) of county designation as a sensitive area to surrounding Santa Cruz cypress the Act, our assessment of the current change in the future, even when the occurring, other techniques such as status of a species is based on whether species is reclassified to threatened or if mechanical disturbance of the ground, a species is in danger of extinction or it is eventually delisted. Additionally, removal of litter and nonnative invasive likely to become so because of any of potential impacts of agricultural species, and clearing the canopy to five factors: (A) The present or conversion is currently reduced (to an allow sunlight to reach the ground may threatened destruction, modification, or insignificant level) at the Bonny Doon need to be utilized to achieve curtailment of its habitat or range; (B) population as a result of a large regeneration of the species. Currently, overutilization for commercial, proportion of the population (i.e., mechanical disturbance and litter recreational, scientific, or educational approximately 70 percent) now removal at the Bonny Doon Ecological purposes; (C) disease or predation; (D) occurring on lands designated as a Reserve are being implemented on a the inadequacy of existing regulatory reserve (Service 2015, pp. 15, 16, 45). limited basis following the Draft mechanisms; or (E) other natural or The portion that is not part of the Management Plan developed for the manmade factors affecting its continued reserve (i.e., approximately 30 percent) Bonny Doon Ecological Reserve (Service existence. is still subject to potential agricultural 2015, pp. 37, 41, 42). Additionally in Current or potential future threats to conversion, although potential loss of 2005, CAL FIRE developed a vegetation Santa Cruz cypress include alteration of this area outside the reserve is relatively management plan for the Bonny Doon the fire regime (Factors A and E), unlikely due to the county’s designation Ecological Reserve that included competition with nonnative species of these lands as a sensitive area, thus enhancing sensitive habitat for listed (Factors A and E), climate change agricultural conversion is a low- species and improving forest health

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES 8410 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations

(CAL FIRE 2005, p. 3). This plan has not recruitment rates observed in the Majors have only been one or two recorded been fully implemented and is currently Creek, Eagle Rock, and Butano Ridge fires over the past 100 years within the delayed (Service 2015, p. 42). populations appear to be insufficient to areas occupied by the species, and we The altered fire regime presents a maintain the populations in the absence do not expect the fire conditions, high-level threat to the long-term of fire (Service 2015, p. 22). frequency, or management to change persistence of all of the Santa Cruz Additionally, active management to significantly in the near future. As a cypress populations and their habitat. address this concern is not occurring at result, we do not currently consider the Santa Cruz cypress depends on fire to this time. The altered fire regime fire interval to be adequate to maintain maintain appropriate habitat conditions presents a threat to the long-term populations of the species over the long and to release many of the seeds stored persistence of all of the Santa Cruz term and consider the extended fire in cones in the canopy. As adult trees cypress populations, and we consider interval to be a threat that is likely to senesce and die, seed production altered fire regime to be a high-level put the species at risk of extinction in decreases, such that there is insufficient threat to the species (Service 2015 p. the future. seed available to regenerate the stand 24). See additional discussion in the Competition With Nonnative Species (McGraw 2007, p. 24; Service 2015, p. ‘‘Alteration of Fire Regime’’ section of 25). In the absence of fire, recruitment the Species Report (Service 2015, pp. The presence of nonnative, invasive still occurs, but at a low level that is 23–25). species impacts the long-term likely not sufficient for stand Most stands of Santa Cruz cypress persistence of Santa Cruz cypress and replacement (McGraw 2011, p. 2; contain reproductive individuals, so its habitat both currently and in the Service 2015, p. 25). To germinate in most stands are currently facing a future through competition and habitat large numbers, the species requires open senescence risk from the absence of fire. modification. Many nonnative species ground and canopy conditions created Recruitment in at least four populations have been introduced into Santa Cruz by fires intense enough to kill the parent (the portion of Bonny Doon population cypress habitat through a variety of past tree. In the absence of fire the species is that burned in the 2008 Martin Fire, and impacts (e.g., development, only able to germinate opportunistically the Eagle Rock, Butano Ridge, and infrastructure). Significant impacts in rock outcroppings or small areas that Majors Creek populations) is evident; result from (silver have been disturbed. Without however, the current level of wattle) and appropriate disturbance from fire, the recruitment is not sufficient to maintain (French broom). Silver wattle and stands could eventually senesce, the populations in the absence of fire French broom are currently impacting resulting in minimal reproduction in (Service 2015, p. 26). This is likely also two populations (i.e., Majors Creek and small rock outcrops that may be the case with the Bracken Brae Bonny Doon) and are likely to impact, inadequate to maintain population population and the portion of the Bonny at minimum, two additional viability. Doon population that did not burn. populations (i.e., Eagle Rock and Within the range of the Santa Cruz Under these conditions most trees Bracken Brae) due to the cypress’s cypress, recent and past fires have been would become senescent (post- proximity to residential areas where documented at the Bonny Doon (2008) reproductive) prior to a return fire, ground disturbance activities promote and Eagle Rock populations (Service resulting in lower stand vitality, nonnative plant invasions. 2015, pp. 23–24), although even-aged reduced cone production, and reduced Silver wattle is significantly stands at the Butano Ridge, Bracken seedling establishment. The risk of impacting the Majors Creek population Brae, and Majors Creek populations extirpation exists if cypresses senesce and its habitat by creating dense suggest that past fires have occurred in and their seeds are no longer viable by canopies, which can inhibit germination these areas as well. We estimate that the time fire returns to a stand. This and growth of seedlings by blocking approximately 50 percent (1,500 Santa may occur if the fire interval is longer sunlight needed for cypress growth Cruz cypress individuals) of the Bonny than the lifespan of trees (Ne’eman et al. (McGraw 2007, p. 23; Service 2015, pp. Doon population was killed within the 1999, p. 240). For the purposes of this 31–32). French broom is one of the most severely burned areas (Service 2012, discussion, we estimate the potential prevalent in Santa Cruz unpubl. data). This is based on visual lifespan of individual Santa Cruz County, distributed at elevations where inspection of the burn intensity map cypress trees to be about 100 years all but a portion of one Santa Cruz and our knowledge of the distribution of based on Lyons’ (1988, pp. 2–39) cypress population occurs (Moore 2002, this population. In 1905, a severe fire estimate (see the ‘‘Life History’’ p. 6; Service 2015, p. 32). French broom also destroyed a large portion of the discussion in the Species Report is impacting the Bonny Doon Eagle Rock population (Wolf and (Service 2015, pp. 8–9) for additional population and its habitat by inhibiting Wagener 1948, p. 218). Prior to the fire, discussion). Santa Cruz cypress seedling there was a ‘‘considerable stand’’ of As discussed above, without fire or establishment through competition for Santa Cruz cypresses, which were used other appropriate disturbance, we open, recently disturbed soils that have by the landowner for timber to build expect low recruitment and decreasing access to abundant sunlight. barns and other buildings (Wolf and reproduction as existing trees become Additionally, but to a lesser degree, Wagener 1948, p. 218). According to senescent. This scenario would most European annual grasses (present at all Lyons (1988, pp. 19–20), another fire likely result in population declines as a populations) are known to impact Santa burned through a majority of the Eagle result of mortality of currently existing Cruz cypress by precluding the Rock population in 1942, killing most of trees, and lack of replacement due to establishment of seedlings. These the cypresses. Lyons (1988, p. 19) noted low recruitment and declining nonnative shrubs and annual grasses are that some larger individuals at the Eagle reproduction. The frequency, location, impacting most of the populations of Rock site, estimated to be 40–60 years and intensity of fire in an area is Santa Cruz cypress and are expected to old, appeared to have survived the fire. variable and difficult to predict, and continue to do so over the long term. We Despite fire occurring within the depends on many factors including consider competition with nonnative known range of Santa Cruz cypress, environmental and human-caused species to be a moderate-level threat to McGraw (2011, p. 2) states that the factors, management, and suppression the Santa Cruz cypress. See additional current demographics and natural efforts. For the Santa Cruz cypress there discussion in the ‘‘Competition With

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations 8411

Nonnative Plant Species’’ section of the Species Report (Service 2015, pp. 26– (such as those within the Majors Creek Species Report (Service 2015, pp. 31– 29). population at Wilder Creek State Park) 33). (CDPR 2000; K. Barry, Service, 2012, Genetic Introgression pers. obs.), which in turn result in Climate Change If individuals of different cypress erosion (McGraw 2007, p. 22) and Our analyses under the Act include species are planted in close proximity, potentially prevention of seedling consideration of ongoing and projected they can exchange pollen and may establishment. Additionally, trails wear changes in climate. The terms ‘‘climate’’ produce fertile hybrid offspring, as has away substrate from the base of mature and ‘‘climate change’’ are defined by the been documented in a number of plant cypress trees. Although vandalism and Intergovernmental Panel on Climate species (Rhymer and Simberloff 1996, unauthorized recreational activities are Change (IPCC). The term ‘‘climate’’ pp. 98–99). By this means, genes from not considered to impact the refers to the mean and variability of one species can infiltrate into another, populations significantly at this time different types of weather conditions a process called genetic introgression. (considered a low-level threat because over time, with 30 years being a typical Santa Cruz cypress may be affected by only a small proportion of trees and period for such measurements (IPCC introgression from residential plantings habitat across the species’ range are 2013, p. 1450). The term ‘‘climate of Hesperocyparis macrocarpa affected by these activities), they remain change’’ thus refers to a change in the (Monterey cypress) near the Bonny a concern due to the likelihood of mean or variability of one or more Doon population (V. Haley 1993, pers. increased inhabitants in the urban- measures of climate (e.g., temperature or obs.), plantings of Cupressus glabra wildland interface where Santa Cruz precipitation) that persists for an (Arizona cypress) near the Eagle Rock cypress occurs. See additional extended period, whether the change is population, and potentially by plantings discussion in the ‘‘Vandalism and due to natural variability or human near other populations due to their close Unauthorized Recreational Activities’’ activity (IPCC 2013, p. 1450). Various proximity to residential areas where section of the Species Report (Service changes in climate may have direct or plantings of other cypress species could 2015, p. 33). indirect effects on species. These effects occur. Examination of genetic variation may be positive, neutral, or negative, among Santa Cruz cypress populations Existing Regulatory Mechanisms and they may change over time, and between Santa Cruz cypress and Reclassifying Santa Cruz cypress from depending on the species and other neighboring species (Millar and Westfall endangered to threatened would not relevant considerations, such as threats 1992, p. 350) indicates the potential that significantly change the protections in combination and interactions of hybridization may occur between Santa afforded to this species under the Act. climate with other variables (for Cruz cypress and the neighboring Santa Cruz cypress conservation has example, habitat fragmentation) (IPCC species. The main harmful genetic effect been addressed in some local, State, and 2014, pp. 4–11). Within central-western of such hybridization on native species Federal plans, laws, regulations, and California (i.e., California coastal is the loss of both genetic diversity and policies. Now that most of the trees counties from San Francisco south to the ability of native populations to reside in fully protected areas on State Santa Barbara, including the range of continue to persist due to potential loss or County park lands, the inadequacy of the Santa Cruz cypress), predictions of locally adapted characteristics. The existing regulatory mechanisms is indicate warmer winter temperatures, resulting hybrid taxa can also reduce the considered a low-level threat to Santa earlier warming in the spring, and growth of, or replace, native species and Cruz cypress. The threat of habitat increased summer temperatures (Point compete for resources otherwise alteration has been substantially Reyes Bird Observatory (PRBO) available (Vila et al. 2000, pp. 207–217). reduced, and, therefore, the concern Conservation Science 2011, p. 35), all of We consider genetic introgression to regarding inadequate legal protections which will likely result in shifts in be a low-level threat to the Santa Cruz on the landscape scale has been vegetation types. This can, for example, cypress because it is probably a concern reduced. Although existing regulations result in increased competition between for only two populations. Genetic have resulted in conservation of Santa species like Santa Cruz cypress and introgression has not been documented Cruz cypress habitat, inadequacy of other native and nonnative species for Santa Cruz cypress, but is a potential existing regulatory mechanisms is still (Loarie et al. 2008, pp. 1–10), or result threat given the proximity of non-native considered a low-level threat because in habitat changes resulting from altered cypress and the ease with which cypress the potential remains for destruction or fire frequency and water availability species hybridize. However, alteration of Santa Cruz cypresses and (Service 2015, pp. 28–29). Drier introgression is a long-term process in their habitat on private lands. However, conditions and increased fire frequency itself, generally taking many generations the main concern currently and into the that may result from climate change for significant population-level impacts future is the lack of ongoing could also make conditions somewhat to occur. Given the long generation time management to prevent senescence and more favorable for Santa Cruz cypress. of the species, genetic introgression is ensure population persistence. If current However, we anticipate continuing fire currently considered a potential threat Santa Cruz cypress habitat becomes suppression and fire exclusion practices rather than an imminent threat. See unfavorable to the species due to lack of would outweigh any potential favorable additional discussion in the ‘‘Genetic adequate management, Santa Cruz effects. Thus, while impacts of climate Introgression’’ section of the Species cypress may not persist even if the land change could potentially have either Report (Service 2015, pp. 30–31). is sufficiently conserved. See additional positive or negative effects to Santa Cruz discussion in the ‘‘Legal Protection’’ Vandalism and Unauthorized cypress, the altered fire regime as a section of the Species Report (Service Recreational Activities result of fire exclusion and fire 2015, pp. 34–37). suppression practices remains a primary Vandalism and unauthorized threat to the species. We therefore recreational activities have been Combination of Threats consider climate change to be a documented to impact multiple Santa The threat to the long-term moderate-level threat to the Santa Cruz Cruz cypress populations and their persistence of Santa Cruz cypress is cypress. See additional discussion in habitat. These activities result in compounded by multiple interacting the ‘‘Climate Change’’ section of the construction of unauthorized trails factors, specifically: (1) The alteration of

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES 8412 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations

fire regimes and lack of species germination and seedling establishment cypress with at least two different management; and (2) human activities, poses a senescence risk to the stands cypress species could result in nonnative species, and fire. With the and populations of Santa Cruz cypress hybridization and result in the loss of prevalence of fire exclusion and (Service 2015, p. 30). Without Santa Cruz cypress’s competitive suppression near residential recruitment of new individuals, trees in advantage in its preferred habitat communities within the range of the the current even-aged stands may (Service 2015, pp. 31–32). Vandalism species, the opportunity for Santa Cruz become senescent (or no longer and unauthorized recreational activities cypress to regenerate in large pulses reproductive) and no longer produce may inhibit seedling establishment and following fire is reduced. This fire cones and seeds necessary for long-term increase erosion (Service 2015, p. 33). suppression coupled with the lack of reproductive success and persistence of Additionally, although substantial species-specific management is the populations (which has been mechanisms are currently in place to resulting in minimal regeneration for observed in Santa Cruz cypress protect Santa Cruz cypress and its the species as a whole, which could be populations by McGraw (2007, pp. 20– habitat, the existing regulatory exacerbated if this situation continues 21)). While most of the populations mechanisms are inadequate to fully into the future. The ability of land have been protected through acquisition protect the species from the threats managers to adequately maintain of lands for conservation, no active described above (Factor D). Based on cypress populations on public lands is management is currently occurring to our current analysis and the current subject to constraints and physical manage the demographic profile of the level of management being barriers, such as the difficulty or populations. Research on suitable implemented, the remaining impacts are inability of using fire as a management management methods has only begun expected to influence Santa Cruz tool due to proximity to development or recently at Bonny Doon Ecological cypress’s habitat suitability and its because of air quality standards. Reserve (McGraw 2011, entire); future ability to reproduce and survive in the Additionally, human intrusion into management of this population is future. previously undisturbed areas expected to provide additional In summary, impacts from contributes to colonization of nonnative understanding of conditions that would development, agricultural conversion, plant species in the remote areas of promote regeneration, thus providing logging, and oil and gas development, Santa Cruz cypress forests (see the beneficial management which were considered imminent at the ‘‘Competition with Nonnative Plant recommendations that could be applied time of listing, have been substantially Species’’ section of the Species Report to all populations. reduced or ameliorated. Other impacts (Service 2015, pp. 31–33)). This activity Although the altered fire regime is identified at or since listing (i.e., exacerbates the likelihood for the identified as a high-level impact to alteration of fire regime; competition creation of open conditions (e.g., bike Santa Cruz cypress at this time, the level with nonnative, invasive species; trails, road cuts, and firebreaks), of impact does not currently place the climate change; genetic introgression; allowing nonnative plants to proliferate species in danger of extinction because and vandalism, including unauthorized and compete with the cypress for soil, of the expected continued presence of recreational activities) continue to nutrients, and light. If a is then the populations into the future based on impact Santa Cruz cypress or are introduced into these new (open) the lifespan of individuals and the expected to impact the species in the conditions, nonnative species that current age structure, and the future. Although individually these compete with Santa Cruz cypress could recruitment (albeit minimal overall) that impacts (with the exception of altered then easily spread. The presence or has been observed to date. Because the fire regime) are of low or moderate increase in nonnative species can majority of individuals in the concern to the species, their cumulative inhibit cypress seedlings by blocking populations are reproductive, additional impact can promote and accelerate the sunlight they need to grow (McGraw recruitment can be expected, although it unnatural conditions (Service 2015, pp. 2007, p. 23). See ‘‘Compounding likely will not be at a level sufficient to 37–38). For example, human intrusion Threats’’ section of the Species Report sustain the populations over the long into previously undisturbed areas (Service 2015, pp. 37–38). term. contributes to colonization of nonnative In addition to altered fire regime, plant species in the remote areas of Overall Summary of Factors Affecting other impacts to Santa Cruz cypress and Santa Cruz cypress forests, which in Santa Cruz Cypress its habitat are currently occurring or turn may result in increased Impacts to the long-term persistence potentially occurring in the future, but and potentially increased community of Santa Cruz cypress populations from to a lesser degree than the overall concern for wildfire suppression alteration of the fire regime (Factors A impact from an altered fire regime. activities. These types of interactions and E) remains a significant concern These include competition with could become a greater concern to Santa currently and in the future (i.e., at least nonnative, invasive species (Factors A Cruz cypress in the future if there is approximately 100 years, based on the and E); climate change (Factor A); increased human activity in cypress potential lifespan of individual Santa genetic introgression (Factor E); and forests. Cruz cypress trees per Lyons’ (1988, pp. vandalism or unauthorized recreational The high-level impact of an altered 2–39) estimate and based on past fire activities (Factors A and E). Nonnative fire regime to Santa Cruz cypress and its interval (two to three documented fires plants are competing with Santa Cruz habitat is of greatest concern at this in two populations over the past 110 cypress by invading open areas where time. The threat to long-term persistence years)). Because the germination and cypress seedlings could become of Santa Cruz cypress posed by this establishment of new seedlings depends established, thus competing for soil, high-level impact is exacerbated by the either on natural fire or a managed nutrients, and light (Service 2015, pp. lack of species management, resulting in substitute (e.g., controlled burns or 31–33). Climate change may cause continued effects to the age structure mechanical disturbance), appropriate vegetation shifts and promote more and demographic profile of the species. fire or disturbance regimes are needed frequent and larger stand removal Although operating on the species to manage the demographic profile of wildfires under which the species has currently, the impacts from an altered the five populations. Lack of fire or not evolved (Service 2015, pp. 26–29). fire regime, either alone or in other disturbance to promote Genetic introgression of Santa Cruz combination with the other impacts

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations 8413

identified above, do not place the divergence, and potentially the process September 1998 (Service 1998, entire). species at immediate risk of extinction. of speciation, may continue through Under section 4(f)(1)(B)(ii), recovery Reproduction and recruitment is sustained reproductive isolation from plans must, to the maximum extent evident (although not at a level other Santa Cruz cypress populations. practicable, include: ‘‘Objective, sufficient for long-term persistence) Additionally, this is the only location measurable criteria which, when met, based on recent data in at least four for this variety, and it is composed of a would result in a determination, in populations (i.e., the portion of the single stand, thus making it vulnerable accordance with the provisions of Bonny Doon population that burned in to an impact such as disease if exposed. [section 4 of the Act], that the species the 2008 Martin Fire, and at the Eagle However, at this time it is highly be removed from the list.’’ However, Rock, Butano Ridge, and Majors Creek unlikely that potential impacts such as revisions to the list (adding, removing, populations) (Service 2015, p. 46). development, disease, predation, and or reclassifying a species) must reflect However, if fire or other disturbance others (as described in the Species determinations made in accordance does not occur in the future to promote Report (Service 2015, pp. 23–40)) would with sections 4(a)(1) and 4(b) of the Act. germination and seedling establishment occur at the Butano Ridge population. Section 4(a)(1) requires that the (whether through a natural fire event or An altered fire regime is the main Secretary determine whether a species active management), senescence could concern present at this population, with is endangered or threatened (or not) result in a downward population trend potential concerns currently or in the because of one or more of five threat that is likely to place the species in future related to competition with factors. Section 4(b) of the Act requires danger of extinction. nonnative species (Factors A and E) and that the determination be made ‘‘solely climate change (Factor A). on the basis of the best scientific and Distinguishing Threats for Both Cypress Similar to the Butano Ridge commercial data available.’’ Therefore, Varieties population described above, the primary recovery criteria should help indicate As described in the proposed rule and impact to the Eagle Rock, Bracken Brae, when we would anticipate an analysis Species Report (78 FR 54223; September Bonny Doon, and Majors Creek of the five threat factors under section 3, 2013; Service 2015, pp. 7–8), recent populations (Hesperocyparis 4(a)(1) to result in a determination that taxonomic evaluations of abramsiana var. abramsiana) is the the species is no longer an endangered Hesperocyparis abramsiana identified alteration of the fire regime (Factors A species or threatened species because of two varieties: H. a. var. butanoensis and E), which was identified at the time any of the five statutory factors. (Butano Ridge population) and H. a. var. of listing. This impact remains present Thus, while recovery plans provide abramsiana (Eagle Rock, Bracken Brae, at all populations of the Santa Cruz important guidance to the Service, Bonny Doon, and Majors Creek cypress, although management actions States, and other partners on methods of populations) (Adams and Bartel 2009, at the Bonny Doon Ecological Reserve minimizing threats to listed species and pp. 287–299). Therefore, the threats have included some mechanical measurable objectives against which to analysis provided in the Species Report vegetation removal in an attempt to measure progress towards recovery, they (Service 2015, entire) and summarized reduce this impact (Service 2015, pp. are not regulatory documents and in this document includes a separate 39–40). Impacts from competition with cannot substitute for the determinations evaluation for each of the five nonnative species (Factors A and E) and and promulgation of regulations populations, in part to distinguish the climate change (Factor A) also threaten required under section 4(a)(1) of the level of impact the current threats have the long-term persistence of both Act. A decision to revise the status of or on the two separate varieties. The varieties of Santa Cruz cypress (in remove a species from the Federal List information summarized below is addition to vandalism and unauthorized of Endangered and Threatened Plants evaluated and described in detail in the recreational activities (Factors A and E), (50 CFR 17.12) is ultimately based on an ‘‘Discussion of Threats to the Two and genetic introgression (Factor E) analysis of the best scientific and Separate Varieties’’ section of the potentially impacting the H. a. var. commercial data then available to Species Report (Service 2015, pp. 38– abramsiana populations), and there are determine whether a species is no 40). no management actions proposed to longer an endangered species or a The Butano Ridge population address these concerns. The existing threatened species, regardless of (Hesperocyparis abramsiana var. regulatory mechanisms protect the whether that information differs from butanoensis) is primarily threatened by species from development activities but the recovery plan. changes in the historical fire regime and are inadequate to fully protect the The Recovery Plan states that Santa the impacts as a result of the changed species from these other impacts (Factor Cruz cypress can be reclassified to fire regime (Factors A and E). The D). Please see the ‘‘Current Threats’’ and threatened status when protection is population is located away from ‘‘Discussion of Threats to the Two secured for all five populations and developed areas, but because it is near Separate Varieties’’ sections of the their habitat from the primary threats of a lumber operation, fire exclusion and Species Report for additional discussion logging, agricultural conversion, and suppression activities that alter the fire related to current or potential threats to development (Service 1998, p. 30). This regime are likely in the vicinity. Other these Santa Cruz cypress populations criterion was intended to address the impacts identified at the time of listing (Service 2015, pp. 23–40). point at which imminent threats to the are no longer impacting this population species had been ameliorated so that the or are no longer considered significant Recovery and Recovery Plan populations were no longer in (e.g., logging, oil and gas drilling), in Implementation immediate risk of extirpation. Because large part due to this population now Section 4(f) of the Act directs us to of its limited range and distribution, we being fully protected and managed develop and implement recovery plans determined that essentially all of the within the boundaries of Pescadero for the conservation and survival of known habitat is necessary to conserve Creek County Park. Although this endangered and threatened species the species. At the time the Recovery variety is not considered a separate unless we determine that such a plan Plan was prepared, we estimated that species, its status as a separate variety will not promote the conservation of the areal extent totaled 356 ac (144 ha). indicates its divergence from other species. A recovery plan for the Santa After more accurate mapping (McGraw populations of the species. Further Cruz cypress was developed in 2007, entire), we now estimate that areal

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES 8414 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations

extent totals approximately 188 ac (76 the availability of banked seed (Service reduced in areas occupied by Santa ha) (Service 2015, p. 43). Additionally, 1998, p. 45). This criterion was intended Cruz cypress and that the status of Santa estimated abundance of individuals in to address the point at which long-term Cruz cypress has improved, primarily all populations has changed over time, threats to the species’ persistence had due to the habitat protection provided from approximately 2,300 individuals at been addressed and its persistence by CDFW, CDPR, the County of San the time of listing in 1987, to a current ensured. As explained in more detail in Mateo, and the County of Santa Cruz. range of 33,000 to 44,000 individuals the Species Report (Service 2015, pp. However, threats associated with a lack (although the latter estimate is variable 18–20), Santa Cruz cypress requires fire of habitat management and alterations due to mortality and regeneration or other disturbance for germination of of the fire regime continue to impede following the 2008 Martin Fire that seeds and recruitment of new the species’ ability to recover. burned 520 ac (210 ha) of land and a individuals into the populations. As Additional information on recovery portion of the Bonny Doon population) detailed above in the Summary of and recovery plan implementation are (see Table 1 and the Bonny Doon Biological Status and Factors Affecting described in the ‘‘Progress Toward population discussion under the the Species section and in the Species Recovery’’ section of the Species Report ‘‘Population Descriptions’’ section of the Report (Service 2015, pp. 23–25), (Service 2015, pp. 39–43). Species Report (Service 2015, pp. 6, 15– alteration of fire regime and lack of Summary of Changes From the 17)). It is important to note that the management are likely to significantly Proposed Rule updated estimates for species impact the long-term persistence of the abundance and areal extent do not species. Additionally, only seed for the In the Species Report, we state illustrate trends but rather improved Bonny Doon, Majors Creek, and Bracken ‘‘Historical distribution of Santa Cruz information about the species over time. Brae populations is stored in a cypress beyond the five currently As explained in more detail in the conservation bank; no seed has been recognized populations is unknown Species Report (Service 2015, p. 43), banked for the Eagle Rock or Butano (Service 2015, p. 11).’’ This should be three of five populations occur Ridge populations. Therefore, based on corrected to say ‘‘Historical distribution primarily or entirely on lands that are our analysis of the best available of Santa Cruz cypress beyond the range being managed for conservation information, we conclude that the of five currently recognized populations purposes, including the Butano Ridge delisting criterion for the species has is unknown.’’ As stated in the Species population at Pescadero Creek County not been met. Report, there are reports of a few Park, the Bonny Doon population at In addition to the significant scattered trees along Empire Grade Road Bonny Doon Ecological Reserve protections now afforded to Santa Cruz (Service 2015, p. 13) that are not managed by the California Department cypress as outlined above, various believed to be interbreeding with any of of Fish and Wildlife (CDFW), and the studies have occurred since the five main populations. In addition to Eagle Rock population at Big Basin State development of the Recovery Plan that this occurrence, there is a California Park managed by the California aid in our understanding of the status of Natural Diversity Database (CNDDB Department of Parks and Recreation Santa Cruz cypress. For example: 2014) record of a historical occurrence (CDPR). A fourth population (Majors • Recent surveys indicate that four of that was found near Mount Hermon in Creek) is primarily on lands at Gray the five stands of Santa Cruz cypress the Santa Cruz Mountains (CNDDB Whale Ranch State Park, with a small contain a larger number of individuals element occurrence index 72235). This portion on privately owned land. The than was estimated at the time of listing record was not included in the previous fifth population (Bracken Brae) is and in the Recovery Plan (Service 2015, report because the exact area of entirely on private lands owned by a p. 43). collection was unspecified, and this conservation-oriented landowner; this • Although data indicate the majority occurrence has never been reaffirmed land is also designated by the County of of trees are reproductive, many trees (as after the initial collection was made in Santa Cruz as environmentally sensitive indicated by surveys conducted 1940. The inclusion of this historical habitat, which places restrictions on specifically at Butano Ridge and Majors occurrence falls within the currently most development. Because four of the Creek populations) are even-aged (occur recognized species range, and does not five populations, either wholly or in stands or populations with change the existing information we have primarily, occur on park or reserve individuals all of approximately the on this species. lands, most of the individuals in the same age). Even-aged stands indicate We have not made any substantive Bonny Doon, Butano Ridge, Majors that vigorous recruitment (survival of changes in this final rule based on the Creek, and Eagle Rock populations are seedlings to reproductive age and into comments that were received during the protected against the threats identified the adult population) is not evident comment period, but have added or as imminent (logging, agricultural (McGraw 2011, p. 26). In contrast, corrected text to clarify the information conversion, and development) at the vigorous recruitment would be that was presented. One peer reviewer time of listing and in the Recovery Plan. indicated by stands or populations provided new information stating that Because the Bracken Brae population is including individuals of multiple sizes Santa Cruz cypress populations are most being managed by a conservation- or age classes representing various life likely experiencing a net reduction in oriented landowner and county stages of the species. fire frequency relative to what they restrictions are in place that would • While seed production appears to experienced prior to Euro-American restrict most development, be strong at each of the sampled settlement, and it is unknown if development-related threats to this populations, recruitment, which regeneration of the populations can be population appear negligible. Therefore, depends more on extrinsic factors such sustained in the absence of human we conclude that the downlisting as the availability of appropriate habitat intervention. This information was criterion has been substantially met. for seedling survival, is more variable incorporated into the Species Report for The Recovery Plan also states that among stands even within a population. the species (Service 2015, pp. 18–20, Santa Cruz cypress can be delisted These and other data that we have 25). when all five populations are assured of analyzed indicate that most threats On July 1, 2014, we published a final long-term reproductive success, with identified at listing and during the policy interpreting the phrase insurance against failure provided by development of the Recovery Plan are ‘‘significant portion of its range’’ (79 FR

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations 8415

37578). We have revised our discussion and provided no additional comments. species is no longer facing imminent of ‘‘significant portion of its range’’ as it Two other peer reviewers replied with destruction from the threats identified relates to the Santa Cruz cypress in the comments, and generally concurred in the Recovery Plan (i.e., logging, Determination section below to be with our methods, but disagreed about agricultural conversion, and consistent with our new policy. the appropriateness of reclassifying the development). Thus, while the Recovery Although the final policy’s approach for species without meeting the recovery Plan provides important guidance on determining whether a ‘‘significant criteria identified in the Recovery Plan the direction and strategy for recovery, portion of its range’’ analysis is required (Service 1998, p. 30). The two peer and can indicate when a rulemaking is different than that discussed in the reviewers provided additional process may be initiated, the proposed rule (78 FR 54221), applying information, clarifications, and determination to reclassify a species on the policy did not affect the outcome of recommendations on how to manage for the Federal List of Endangered and the final status determination for the the conservation of Santa Cruz cypress Threatened Plants (50 CFR 17.12) is Santa Cruz cypress. and its habitat. All recommendations ultimately based on an analysis of have been acknowledged and will be whether a species meets the definition Summary of Comments and considered during the development of of an endangered species or threatened Recommendations future management and recovery species. Please see the ‘‘Progress In the proposed rule published on strategies. Toward Recovery’’ section of the September 3, 2013 (78 FR 54221), we Species Report (Service 2015, pp. 39– Response to Peer Reviewer Comments requested that all interested parties 43) and the Recovery and Recovery Plan submit written comments on the (1) Comment: Two peer reviewers Implementation section above and in proposal by November 4, 2013. We also stated that Santa Cruz cypress does not the proposed rule (78 FR 54221) for contacted appropriate Federal and State meet the criteria for reclassification more detailed discussions of the agencies, scientific experts and from endangered to threatened found in Recovery Plan criteria. organizations, and other interested the Recovery Plan for the Santa Cruz (2) Comment: One peer reviewer did parties and invited them to comment on Cypress (Service 1998, p. 30). not agree that the threat of land use the proposal. Newspaper notices Specifically, one reviewer commented conversion in the Bracken Brae inviting general public comment were that protection has not been secured for population had been diminished since published in the local Santa Cruz all five populations and their habitat the time of listing to a ‘‘minor concern.’’ Sentinel and San Mateo County Times. from the threat of development, as This peer reviewer specifically stated We did not receive any requests for a stated in the criteria for reclassification that the Bracken Brae population is not public hearing. in the Recovery Plan. This reviewer secured from the threat of development During the comment period, we identified the Bracken Brae population or conversion because legal constraints received four peer review comment as unprotected because it is owned by have not been placed on development of letters and one other comment on the a private landowner. the land. proposed reclassification of Santa Cruz Our Response: In the Recovery and Our Response: The County of Santa cypress. All substantive information Recovery Plan Implementation section Cruz has designated the area where the related to the reclassification of the above and in the ‘‘Progress Toward Bracken Brae population occurs as an species or the taxonomic change for Recovery’’ section of the Species Report environmentally sensitive habitat area Santa Cruz cypress provided during the (Service 2015, pp. 39–43), we which requires that this habitat be comment period was fully considered in acknowledge that all known habitat is preserved through County ordinance as development of this final determination important to the conservation of the part of the County’s General Plan and is addressed in the responses to Santa Cruz cypress, and that the (Chapter 16.32.090(C)(1)(a) and comments, below. All public and peer Bracken Brae population is important (C)(2)(b)) (County of Santa Cruz 2012, review comments are available at for the recovery of the species, and entire). Designated environmentally www.regulations.gov (Docket No. FWS– explain our rationale for why the sensitive habitat, although not R8–ES–2013–0092) and from our recovery criterion has been substantially completely secure from development Ventura Fish and Wildlife Office by met for downlisting. While the Bracken activities, has certain specific request (see FOR FURTHER INFORMATION Brae population is not in conservation development restrictions that are CONTACT). ownership, county restrictions are in intended to protect these areas and place that would restrict development. includes restrictions specifically related Peer Reviewer Comments As discussed above and further in the to protecting Santa Cruz cypress groves. In accordance with our peer review next response, we conclude that In addition to the County restrictions, policy published on July 1, 1994 (59 FR development-related threats appear the species would still remain listed as 34270), we solicited expert opinion negligible for this population. This endangered by the State, and threatened from six knowledgeable individuals situation, along with protection of all or by the Federal Government, both of with scientific expertise that included the majority of the other four which offer protections for the species familiarity with Santa Cruz cypress and populations on State lands, leads us to (when there is a Federal nexus) and its its habitat, the ecology of similar conclude that the criterion to reclassify habitat that are discussed in the ‘‘Legal cypress species, and the role of fire in the species to threatened has been Protection’’ section of the Species cypress ecology and the Santa Cruz substantially met. Report (Service 2015, p. 34). mountains. We received responses from Additionally, since the Recovery Plan Although the Bracken Brae four of the peer reviewers. criteria were developed, we now know population does not have the same level We reviewed all comments received there are more individuals within all of of habitat conservation as other Santa from the peer reviewers for substantive the Santa Cruz cypress populations than Cruz cypress populations, the remaining issues and new information regarding was known at the time of listing. The County, State, and Federal protections the reclassification of Santa Cruz greater number of individuals within will guide the future use of the private cypress. Two peer reviewers supported each population, in combination with land for the continued protection of the our finding that the Santa Cruz cypress the conservation of much of the habitat species. Further, the land is currently warranted reclassification to threatened, on public lands, suggests that this owned by a conservation-oriented

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES 8416 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations

landowner, and development is not and provides additional insight into the Response: In order to ensure the anticipated. Therefore, we have necessary for Santa Cruz quality and credibility of the scientific determined that the threat of land cypress persistence. We consider this information we use to make decisions, conversion for the Bracken Brae complementary biological and we have implemented a formal ‘‘peer population should still be classified as ecological information and have review’’ process for listing and recovery a minor concern compared to other included this information as an documents, as required according to our potential impacts. We also conclude addendum to the Species Report. guidelines for peer review, which that the intent of the recovery criterion Comments from the State and Counties published in the Federal Register on was to preserve the habitat from any July 1, 1994 (59 FR 34270). We consult imminent threats (see Service 1998, pp. Section 4(b)(5)(A)(ii) of the Act states, experts to ensure that our decisions are iii, 1, 29) and has been met. ‘‘the Secretary shall . . . give actual based on sound science. The selection (3) Comment: One peer reviewer notice of the proposed regulation of participants in a peer review is based stated that all of the Santa Cruz cypress (including the complete text of the on expertise, with due consideration populations near developed areas were regulation) to the State agency in each given to independence and potential essentially unprotected because State in which the species is believed to conflicts of interest. The peer reviewers development has an indirect impact on occur, and to each county or equivalent for the Santa Cruz cypress were chosen the ability of the species to persist by jurisdiction in which the species is based on their expertise demonstrated altering the fire regime such that believed to occur, and invite the by published research on western regeneration is no longer possible at comment of such agency, and each such hemisphere cypress taxonomy, levels necessary to sustain populations. jurisdiction, thereon.’’ We submitted the population dynamics, serotiny Our Response: We agree that adjacent proposed regulation to the State of (ecological relationships of cone-bearing developed areas can have indirect California but received no formal plants to fire), California fire regimes, or impacts on the alteration of the fire comments from the State regarding the the ecology of Santa Cruz area flora. regime. In the Species Report (Service proposal. Although formal comments 2015, p. 25), we discuss how either a were not received, we note that Santa Determination longer or shorter fire return interval can Cruz cypress is listed by the State as an Section 4 of the Act (16 U.S.C. 1533), disrupt the ecology of the cypresses and endangered species; therefore, the and its implementing regulations at 50 be detrimental to their long-term reclassification of the species from CFR part 424, set forth the procedures survival, and that fire-return intervals federally endangered to federally for adding species to the Federal Lists are most likely to be disrupted near threatened would likely have little or no of Endangered and Threatened Wildlife areas of residential or commercial effect on existing State protections. We and Plants. An assessment of the need development. While we acknowledge also provided notice to the Counties of for a species’ protection under the Act that the populations near developed San Mateo and Santa Cruz at the time is based on whether a species is in areas are at a higher risk of a disrupted of the proposed rulemaking. We did not danger of extinction or likely to become fire-return interval, we have determined receive any comments from the two so because of any of five factors: (A) The that the habitat is still protected from counties. present or threatened destruction, imminent destruction and that the level modification, or curtailment of its of threat is commensurate to a Public Comments threatened rather than an endangered We received one public comment habitat or range; (B) overutilization for species. letter during the comment period for commercial, recreational, scientific, or (4) Comment: One peer reviewer this rule. educational purposes; (C) disease or commented that Santa Cruz cypress (5) Comment: The commenter stated predation; (D) the inadequacy of populations are most likely that Santa Cruz cypress should remain existing regulatory mechanisms; or (E) experiencing a net reduction in fire at the highest level of protection other natural or manmade factors frequency relative to what they ‘‘because of climate change and habitat affecting its continued existence. As experienced prior to Euro-American loss.’’ The commenter did not include required by section 4(a)(1) of the Act, settlement, and it is unknown if any supporting information or analyses we conducted a review of the status of regeneration of the populations can be regarding Santa Cruz cypress or the this plant and assessed the five factors sustained in the absence of human ecology of the Santa Cruz area. to evaluate whether Santa Cruz cypress intervention. The reviewer provided a Response: We discuss both the effects is in danger of extinction or likely to personal observation of how the absence of climate change and habitat loss on become so in the foreseeable future of stand-replacing fires in a similar Santa Cruz cypress in the Species throughout all of its range. cypress species (MacNab cypress Report (Service 2015, pp. 26–29, 38). We have carefully assessed the best [Hesperocyparis macnabiana]) can lead With respect to both of these impacts, scientific and commercial information to the gradual decline of the population. the commenter did not provide any new available regarding the past, present, Our Response: See our response to or additional supporting information and future threats faced by the Santa comment (3) above for a discussion and that was specific to the effects on Santa Cruz cypress. We reviewed information our evaluation of the impacts of fire Cruz cypress which we have not already presented in the 2011 petition, ecology on Santa Cruz cypress. We evaluated. While we acknowledge that information available in our files and appreciated this new information based the effects of climate change and habitat gathered through our 90-day finding (77 on the peer reviewer’s observation of a loss are still a concern for the species, FR 32922; June 24, 2012) in response to related species. Studies of closely we have determined that the level of this petition, and other available related species with similar life-history threat is commensurate to a threatened published and unpublished characteristics can offer insight into the species rather than an endangered information. We also consulted with ecology of Santa Cruz cypress. Studies species. species experts and land management of similar species (i.e., surrogate (6) Comment: The commenter staff with CDFW, CDPR, the County of species) can bolster our knowledge of expressed concern with the peer review San Mateo, and the County of Santa their life history. This information process, and questioned the bias of the Cruz, who are actively managing for the builds upon our previous knowledge peer review panel. conservation of Santa Cruz cypress.

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations 8417

In considering what factors might or human-made factors affecting its presently in danger of extinction constitute threats, we must look beyond continued existence (specifically, throughout all its range. Although the mere exposure of the species to the reproductive isolation) (Factor E) do not threats to Santa Cruz cypress still exist factor to determine whether the rise to a level of significance, either and will continue into the foreseeable exposure causes actual impacts to the individually or in combination, such future, the implementation of species. If there is exposure to a factor, that the species is currently in danger of conservation measures or regulatory but no response, or only a positive extinction. actions has greatly reduced the response, that factor is not a threat. If However, alteration of the fire regime imminence and severity of threats to the there is exposure and the species (Factors A and E) has the potential to Santa Cruz cypress and its habitat. All responds negatively, the factor may be disrupt the long-term persistence of the five populations are primarily a threat and we then attempt to species across its entire range (resulting threatened by changes in the historical determine how significant the threat is. in the species potentially facing a fire regime. Additionally, threats from If the threat is significant, it may drive, senescence risk in the future) if fire competition with nonnative species and or contribute to, the risk of extinction of continues to be excluded or suppressed climate change exist for all populations. the species such that the species near these populations. At least four Our evaluation of the best available warrants listing as endangered or populations of Santa Cruz cypress information indicates that the overall threatened as those terms are defined by contain some proportion of reproductive level of threats is not significantly the Act. This does not necessarily individuals and also exhibit some level different at any of these populations require empirical proof of a threat. The of recruitment (the portion of Bonny (Service 2015, pp. 24–41), with the combination of exposure and some Doon population that burned in the primary current threat to all populations corroborating evidence of how the 2008 Martin Fire, and the Eagle Rock, being alteration of fire regime. We, species is likely impacted could suffice. Butano Ridge, and Majors Creek therefore, conclude that Santa Cruz The mere identification of factors that populations). However, without fire or cypress is not currently in danger of could impact a species negatively is not other appropriate disturbance to extinction, but is threatened with sufficient to compel a finding that simulate fire, we expect the level of becoming an endangered species within listing is appropriate; we require reproduction and recruitment to the foreseeable future throughout all of evidence that these factors are operative decrease as existing trees become its range. threats that act on the species to the senescent. Given the potential lifespan Because we have determined that point that the species meets the of the Santa Cruz cypress of Santa Cruz cypress is likely to become definition of endangered or threatened approximately 100 years, we would endangered in the foreseeable future under the Act. expect to see population declines over throughout all of its range, no portion of this timeframe as a result of mortality of its range can be ‘‘significant’’ for The Act defines an endangered currently existing trees, and lack of purposes of the definitions of species as any species that is ‘‘in danger replacement due to low recruitment and ‘‘endangered species’’ and ‘‘threatened of extinction throughout all or a declining reproduction, leading species.’’ See the Service’s final policy significant portion of its range’’ and a eventually to the species becoming in interpreting the phrase ‘‘Significant threatened species as any species danger of extinction in the future. Portion of Its Range’’ (79 FR 37578; July ‘‘which is likely to become an Santa Cruz cypress also will continue 1, 2014). Therefore, on the basis of the endangered species within the to be impacted by competition with best available scientific and commercial foreseeable future throughout all or a nonnative, invasive species (Factors A information, we find that the Santa Cruz significant portion of its range.’’ We find and E); genetic introgression (Factor E); cypress now meets the definition of a that the Santa Cruz cypress is not vandalism and unauthorized threatened species (i.e., is likely to presently in danger of extinction recreational activities (Factors A and E); become an endangered species within throughout its entire range based on the and the effects of climate change (Factor the foreseeable future throughout all of severity and immediacy of threats A and E). Additionally, the existing its range) and are reclassifying the Santa currently impacting the species. As a regulatory mechanisms are inadequate Cruz cypress from an endangered result of recent information, we know to fully protect the species from the species to a threatened species in that there are a significantly larger threats listed above (Factor D). However, accordance with sections 3(20) and number of Santa Cruz cypress the severity and magnitude of threats, 4(a)(1) of the Act. individuals than were known at the both individually and in combination, time of listing (Service 2009, p. 13; and the likelihood that any one event Effects of This Rule Service 2015, p. 45) and that there is would affect all populations is This rule will revise 50 CFR 17.12(h) significant conservation of lands that significantly reduced as a result of the to reclassify Santa Cruz cypress from support the populations. Significant removal of multiple threats, the reduced endangered to threatened on the List of impacts at the time of listing that could impact of most remaining threats, and Endangered and Threatened Plants. have resulted in the extirpation of all or the extensive amount of conservation However, this reclassification does not parts of populations have been occurring throughout the range of the significantly change the protections eliminated or reduced since listing. We species (including, but not limited to, afforded this species under the Act. conclude that the previously recognized the extensive preservation of occupied Pursuant to section 7 of the Act, all impacts to Santa Cruz cypress from lands in perpetuity and development of Federal agencies must ensure that any present or threatened destruction, management plans or guidance within actions they authorize, fund, or carry modification, or curtailment of its at least one population (Bonny Doon)). out are not likely to jeopardize the habitat or range (specifically, residential In conclusion, after review of the best continued existence of Santa Cruz development, agricultural conversion, available scientific and commercial cypress. Whenever a species is listed as logging, and oil and gas drilling) (Factor information pertaining to the species threatened, the Act allows promulgation A); overutilization for commercial, and its habitat, we have determined that of special rules under section 4(d) that recreational, scientific, or educational the ongoing threats are not of sufficient modify the standard protections for purposes (Factor B); disease or imminence, intensity, or magnitude to threatened species found under section predation (Factor C); and other natural indicate that Santa Cruz cypress is 9 of the Act and Service regulations at

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES 8418 Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Rules and Regulations

50 CFR 17.31 (for wildlife) and 17.71 with tribes in developing programs for Regional Office in Sacramento, (for plants), when it is deemed healthy ecosystems, to acknowledge that California, in coordination with necessary and advisable to provide for tribal lands are not subject to the same employees of the Ventura Fish and the conservation of the species. No controls as Federal public lands, to Wildlife Office in Ventura, California. special section 4(d) rules are proposed, remain sensitive to Indian culture, and or anticipated to be proposed, for Santa to make information available to tribes. List of Subjects in 50 CFR Part 17 Cruz cypress, because there is currently No tribal lands are within the range of Endangered and threatened species, no conservation need to do so for this the Santa Cruz cypress. Exports, Imports, Reporting and species. Recovery actions directed at National Environmental Policy Act (42 Santa Cruz cypress will continue to be recordkeeping requirements, U.S.C. 4321 et seq.) implemented, as funding allows, as Transportation. outlined in the Recovery Plan for this We determined that environmental Regulation Promulgation species (Service 1998, entire). assessments and environmental impact statements, as defined under the Accordingly, we amend part 17, Required Determinations authority of the National Environmental subchapter B of chapter I, title 50 of the Government-to-Government Policy Act of 1969 (42 U.S.C. 4321 et Code of Federal Regulations, as follows: Relationship With Tribes seq.), need not be prepared in connection with regulations adopted In accordance with the President’s PART 17—[AMENDED] pursuant to Section 4(a) of the memorandum of April 29, 1994 Endangered Species Act. We published (Government-to-Government Relations ■ 1. The authority citation for part 17 a notice outlining our reasons for this with Native American Tribal continues to read as follows: determination in the Federal Register Governments; 59 FR 22951), Executive on October 25, 1983 (48 FR 49244). Authority: 16 U.S.C. 1361–1407; 1531– Order 13175 (Consultation and 1544; 4201–4245; unless otherwise noted. Coordination With Indian Tribal References Cited ■ Governments), and the Department of A complete list of all references cited 2. Amend § 17.12(h) as follows: the Interior’s manual at 512 DM 2, we in this final rule is available on the ■ a. By removing the entry for readily acknowledge our responsibility Internet at http://www.regulations.gov ‘‘Cupressus abramsiana’’ under to communicate meaningfully with under Docket No. FWS–R8–ES–2013– , and recognized Federal Tribes on a 0092 or upon request from the Field ■ government-to-government basis. In b. By adding an entry for Supervisor, Ventura Fish and Wildlife ‘‘Hesperocyparis abramsiana’’ under accordance with Secretarial Order 3206 Office (see FOR FURTHER INFORMATION CONIFERS to read as follows: of June 5, 1997 (American Indian Tribal CONTACT). Rights, Federal-Tribal Trust § 17.12 Endangered and threatened plants. Responsibilities, and the Endangered Authors Species Act), we readily acknowledge The primary authors of this final rule * * * * * our responsibilities to work directly are employees of the Pacific Southwest (h) * * *

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

******* CONIFERS

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

*******

* * * * * DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA), Dated: February 1, 2016. Commerce. National Oceanic and Atmospheric Stephen Guertin, Administration ACTION: Temporary rule. Acting Director, U.S. Fish and Wildlife Service. 50 CFR Part 679 SUMMARY: NMFS is reallocating the [FR Doc. 2016–03296 Filed 2–18–16; 8:45 am] projected unused amounts of the BILLING CODE 4333–15–P [Docket No. 141021887–5172–02] Community Development Quota pollock directed fishing allowance from the RIN 0648–XE450 Aleutian Islands subarea to the Bering Sea subarea. This action is necessary to Fisheries of the Exclusive Economic provide opportunity for harvest of the Zone Off Alaska; Reallocation of 2016 total allowable catch of pollock, Pollock in the Bering Sea and Aleutian consistent with the goals and objectives Islands of the Fishery Management Plan for AGENCY: National Marine Fisheries Groundfish of the Bering Sea and Service (NMFS), National Oceanic and Aleutian Islands Management Area.

VerDate Sep<11>2014 16:19 Feb 18, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\19FER1.SGM 19FER1 asabaliauskas on DSK5VPTVN1PROD with RULES