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that this action is one of a category of website’s instructions. Additionally, if DEPARTMENT OF THE INTERIOR actions that do not individually or you go to the online docket and sign up cumulatively have a significant effect on for email alerts, you will be notified Fish and Wildlife Service the human environment. This proposed when comments are posted or a final rule promulgates the operating rule is published. 50 CFR Part 17 regulations or procedures for List of Subjects in 33 CFR Part 117 [Docket No. FWS–R8–ES–2020–0074; drawbridges. Normally such actions are FF09E22000 FXES11130900000 201] categorically excluded from further Bridges. review, under paragraph L49, of Chapter RIN 1018–BE73 3, Table 3–1 of the U.S. Coast Guard For the reasons discussed in the Endangered and Threatened Wildlife Environmental Planning preamble, the Coast Guard proposes to and Plants; Removing Five Species Implementation Procedures. amend 33 CFR part 117 as follows: Neither a Record of Environmental From San Clemente Island From the Federal Lists of Endangered and Consideration nor a Memorandum for PART 117—DRAWBRIDGE Threatened Wildlife and Plants the Record are required for this rule. We OPERATION REGULATIONS seek any comments or information that AGENCY: Fish and Wildlife Service, may lead to the discovery of a ■ 1. The authority citation for part 117 Interior. significant environmental impact from continues to read as follows: ACTION: Proposed rule. this proposed rule. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; SUMMARY: G. Protest Activities We, the U.S. Fish and DHS Delegation No. 0170.1. Wildlife Service (Service or USFWS), The Coast Guard respects the First ■ 2. Revise § 117.664 to read as follows: propose to remove the San Clemente Amendment rights of protesters. Bell’s sparrow (Artemisiospiza belli Protesters are asked to contact the § 117.664 Rainy River, Rainy Lake and clementeae) (formerly known as the San person listed in the FOR FURTHER their tributaries. Clemente sage sparrow, Amphispiza INFORMATION CONTACT section to belli clementeae), San Clemente Island The draw of the Canadian National coordinate protest activities so that your bush-mallow (Malacothamnus Bridge, mile 85.0, at Rainer, may operate message can be received without clementinus), San Clemente Island jeopardizing the safety or security of remotely, and shall open on signal; paintbrush (Castilleja grisea), San people, places or vessels. except that, from October 16 to April 30, Clemente Island lotus (Acmispon the draw shall open on signal if at least dendroideus var. traskiae), and San V. Public Participation and Request for 12-hours advance notice is provided. Comments Clemente Island larkspur (Delphinium The commercial phone number to variegatum ssp. kinkiense) from the We view public participation as provide advance notice shall be posted Federal Lists of Endangered and essential to effective rulemaking, and on the bridge so that it is plainly visible Threatened Wildlife and Plants (Lists). will consider all comments and material to vessel operators approaching the up The bird species and four plant species received during the comment period. or downstream side of the bridge. The occur only on San Clemente Island, one Your comment can help shape the owners of the bridge shall provide and of the Channel Islands off the southern outcome of this rulemaking. If you keep in good legible condition two coast of California. The proposed submit a comment, please include the board gauges painted white with black delistings are based on our evaluation of docket number for this rulemaking, figures to indicate the vertical clearance the best available scientific and indicate the specific section of this under the closed draw at all water commercial information, which document to which each comment indicates that the species’ statuses have applies, and provide a reason for each levels. The gauges shall be so placed on the bridge that they are plainly visible improved and threats to the species suggestion or recommendation. have been eliminated or reduced to the We encourage you to submit to operators of vessels approaching the point that the species have recovered comments through the Federal bridge either up or downstream. The and no longer meet the definitions of eRulemaking Portal at https:// bridge shall operate and maintain a either endangered or threatened species www.regulations.gov. If your material VHF–FM Marine Radio. under the Endangered Species Act of cannot be submitted using https:// Dated: April 2, 2021. 1973, as amended (Act). If this proposal www.regulations.gov, contact the person D.L. Cottrell, is finalized, these species will be in the FOR FURTHER INFORMATION Rear Admiral, U.S. Coast Guard, Commander, removed from the Lists. CONTACT section of this document for Ninth Coast Guard District. alternate instructions. DATES: We will accept comments We accept anonymous comments. All [FR Doc. 2021–09003 Filed 5–4–21; 8:45 am] received or postmarked on or before July comments received will be posted BILLING CODE 9110–04–P 6, 2021. We must receive requests for without change to https:// public hearings, electronically, using www.regulations.gov and will include the Federal eRulemaking Portal (see any personal information you have ADDRESSES, below) by June 21, 2021. provided. For more about privacy and ADDRESSES: You may submit comments submissions in response to this by one of the following methods: document, see DHS’s eRulemaking (1) Electronically: Go to the Federal System of Records notice (85 FR 14226, eRulemaking Portal: http:// March 11, 2020). www.regulations.gov. In the Search box, Documents mentioned in this NPRM enter FWS–R8–ES–2020–0074, which is as being available in this docket and all the docket number for this rulemaking. public comments, will be in our online Then, click on the Search button. On the docket at https://www.regulations.gov resulting page, in the Search panel on and can be viewed by following that the left side of the screen, under the
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Document Type heading, check the modification, or curtailment of its protections of the Act (16 U.S.C. 1531 et Proposed Rule box to locate this habitat or range; (B) overutilization for seq.) are removed. document. You may submit a comment commercial, recreational, scientific, or (6) Current or planned activities by clicking on ‘‘Comment Now!’’ educational purposes; (C) disease or within the geographic range of these Comments submitted electronically predation; (D) the inadequacy of species that may have adverse or must be received by 11:59 p.m. Eastern existing regulatory mechanisms; or (E) beneficial impacts on the species. Time on the closing date. other natural or manmade factors (7) Any planned change in military (2) By hard copy: Submit by U.S. mail affecting its continued existence. We training, infrastructure needs, or land to: Public Comments Processing, Attn: have determined that the threats to each use on San Clemente Island that may FWS–R8–ES–2020–0074, U.S. Fish and of these species have been reduced or affect the species. Wildlife Service, MS: PRB/3W, 5275 eliminated so that the species are no (8) Considerations for post-delisting Leesburg Pike, Falls Church, VA 22041– longer in danger of extinction now or in monitoring, including monitoring 3803. the foreseeable future and, therefore, do protocols and length of time monitoring We request that you send comments not meet the definitions of endangered is needed, as well as triggers for only by the methods described above. species or threatened species under the reevaluation. We will post all comments on http:// Act. Please include sufficient information with your submission (such as scientific www.regulations.gov. This generally These species occur only on San journal articles or other publications) to means that we will post any personal Clemente Island, one of the Channel allow us to verify any scientific or information you provide us (see Public Islands off the southern coast of Comments, below, for more commercial information you include. California. The entire island is owned Please note that submissions merely information). and managed by the U.S. Department of stating support for, or opposition to, the Document availability: This proposed the Navy (Navy). Historically, nonnative action under consideration without rule and supporting documents, herbivores (goats, sheep, pigs, cattle, providing supporting information, including the recovery plan, draft post- mule deer) severely degraded habitat on although noted, do not provide delisting monitoring plan, and species San Clemente Island, leading to the substantial information necessary to status assessment (SSA) reports, are decline of endemic species. Since support a determination. Section available at https://ecos.fws.gov/ecp/ removal of these nonnative herbivores, 4(b)(1)(A) of the Act directs that and at http://www.regulations.gov under the plant communities on San Clemente determinations as to whether any Docket No. FWS–R8–ES–2020–0074. Island have been recovering. Removal of species is an endangered species or a FOR FURTHER INFORMATION CONTACT: nonnative herbivores, along with threatened species must be made Scott Sobiech, Field Supervisor, restoration and management actions by ‘‘solely on the basis of the best scientific Carlsbad Fish and Wildlife Office, 2177 the Navy, have led to the recovery of and commercial data available.’’ Salk Avenue, Suite 250, Carlsbad, CA these five species to the point that they Because we will consider all 92008; telephone 760–431–9440. no longer require protections under the comments and information we receive Persons who use a telecommunications Act. during the comment period, our final device for the deaf (TDD) may call the Information Requested determinations may differ from this Federal Relay Service at 800–877–8339. proposal. Based on the new information SUPPLEMENTARY INFORMATION: We intend that any final action we receive (and any comments on that resulting from this proposed rule will be new information), we may conclude that Executive Summary based on the best scientific and one or more of the species should Why we need to publish a rule. Under commercial data available and be as remain listed as endangered or the Act, a species may warrant removal accurate and as effective as possible. threatened instead of being removed from the Federal Lists of Endangered Therefore, we request comments or from the Lists, we may conclude that and Threatened Wildlife and Plants (i.e., information from other concerned one or more of the species should be ‘‘delisting’’) if it no longer meets the governmental agencies, Native reclassified from an endangered species definition of an endangered species or a American tribes, the scientific to a threatened species, or we may threatened species. Delisting a species community, industry, or any other conclude that one or more of the species can only be completed by issuing a rule. interested parties concerning this should be reclassified from a threatened What this document does. We proposed rule. to an endangered species. propose to remove San Clemente Bell’s We particularly seek comments You may submit your comments and sparrow (Artemisiospiza belli concerning: materials concerning this proposed rule clementeae) (formerly known as the San (1) Reasons we should or should not by one of the methods listed in Clemente sage sparrow, Amphispiza remove (delist) any of these species ADDRESSES. We request that you send belli clementeae), San Clemente Island from the Lists. comments only by the methods bush-mallow (Malacothamnus (2) New information on the historical described in ADDRESSES. clementinus), San Clemente Island and current status, genetics, range, If you submit information via http:// paintbrush (Castilleja grisea), San distribution, and population size of www.regulations.gov, your entire Clemente Island lotus (Acmispon these species. submission—including any personal dendroideus var. traskiae), and San (3) New information on the known identifying information—will be posted Clemente Island larkspur (Delphinium and potential threats to the species, on the website. If your submission is variegatum ssp. kinkiense) from the including fire and changes in made via a hardcopy that includes Federal Lists of Endangered and precipitation. personal identifying information, you Threatened Wildlife and Plants (Lists). (4) New information regarding the life may request at the top of your document The basis for our action. Under the history, ecology, and habitat use of the that we withhold this information from Act, we may determine that a species is species. public review. However, we cannot an endangered or threatened species (5) The extent of protection and guarantee that we will be able to do so. because of any of five factors: (A) The management that would be provided by We will post all hardcopy submissions present or threatened destruction, the Navy to the five species if the on http://www.regulations.gov.
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Comments and materials we receive, in addition to the Federal Register. The Quality Bulletin for Peer Review as well as supporting documentation we use of virtual public hearings is (revised June 2012), we solicited used in preparing this proposed rule, consistent with our regulations at 50 independent scientific reviews of the will be available for public inspection CFR 424.16(c)(3). information contained in each of the on http://www.regulations.gov. Supporting Documents SSA reports. Table 1, below, indicates the number of independent peer Public Hearing Species status assessment (SSA) reviewers we sent each SSA report to Section 4(b)(5) of the Act provides for reports for the five species were and the number of responses we a public hearing on this proposal, if prepared by Texas A&M Natural requested. Requests must be received by Resources Institute, in cooperation with received. You may view the peer review the date specified in DATES. Such the Service’s San Clemente Island SSA responses we received at http:// requests must be sent electronically, team and the Navy. The SSA reports www.regulations.gov under Docket No. using the Federal eRulemaking Portal represent a compilation of the best FWS–R8–ES–2020–0074. The SSA (see ADDRESSES, above). We will scientific and commercial data available reports were also submitted to our schedule a public hearing on this concerning the status of these species, Federal and State partners for scientific proposal, if requested, and announce including the impacts of past, present, review, but we did not receive any the date, time, and place of the hearing, and future factors (both negative and comments. The Navy helped with as well as how to obtain reasonable beneficial) affecting the species. development of the SSAs and, therefore, accommodations, in the Federal In accordance with our July 1, 1994, did not comment on the drafts. We Register and local newspapers at least peer review policy (59 FR 34270; July 1, incorporated the results of the peer 15 days before the hearing. For the 1994), our August 22, 2016, Director’s reviews in the final SSA reports, as immediate future, we will provide Memo on the Peer Review Process, and appropriate, which are the foundation public hearings using webinars that will the Office of Management and Budget’s for this proposed rule. be announced on the Service’s website, December 16, 2004, Final Information
TABLE 1—NUMBER OF PEER REVIEWS REQUESTED AND RESPONSES
Number peer Number peer review Species reviews responses requested received
San Clemente Bell’s sparrow ...... 5 4 San Clemente Island paintbrush ...... 3 2 San Clemente Island lotus ...... 3 1 San Clemente Island larkspur ...... 4 2 San Clemente Island bush-mallow ...... 5 3
Previous Federal Actions distribution, or range of any of these On May 18, 2010, we received a All five species were originally listed species from what it was at the time of petition from the Pacific Legal under the Act on August 11, 1977 (42 listing. In the remainder of this Foundation requesting that the Service FR 40682). The four plant species were proposed rule, we will refer to the delist or downlist six species, including listed as endangered species, while the species by their currently accepted San Clemente Island paintbrush, San sparrow was listed as a threatened common names. Clemente Island lotus, and San species. No critical habitat has been The Recovery Plan for Endangered Clemente Island bush-mallow. The designated for any of the five species. and Threatened Species of the subsequent status reviews resulted in The taxonomies of the species have California Channel Island, which downlisting the San Clemente Island undergone revisions since the species included the five species that are the paintbrush and San Clemente Island were first listed, so that some are now subject of this proposed rule, was lotus from endangered to threatened (78 referred to by different scientific and finalized in 1984 (USFWS 1984, pp. 1– FR 45406; July 26, 2013) as indicated common names. Table 2, below, 165). Five-year status reviews were below in Table 2. San Clemente Island indicates the scientific and common completed for each of these taxa and bush-mallow was not reclassified at the names under which the species were recommended reclassification from time because of uncertainty regarding originally listed as well as their endangered to threatened species for all the status of several occurrences that four of the plant taxa (USFWS 2007a, currently accepted scientific names. made up a large proportion of its range USFWS 2007b, USFWS 2007c, USFWS These taxonomic and nomenclatural (77 FR 29078; May 16, 2012). revisions have not altered the definition, 2008).
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We published notices of initiation of July 26, 2019; 85 FR 4692, January 27, details can be found using the Service’s periodic status reviews for the five 2020); this document serves as Environmental Conservation Online species required under section 4(c)(2) of completion of those status reviews. The System (ECOS): https://ecos.fws.gov/. the Act in 2019 and 2020 (84 FR 36116, referenced documents and additional
TABLE 2—SUMMARY OF PREVIOUS FEDERAL ACTIONS [An * indicates the common and scientific names of these taxa as they currently appear on the Lists at 50 CFR 17.11 and 17.12.]
Species
Common and scientific names San Clemente sage San Clemente Is- San Clemente San Clemente Is- San Clemente Is- at time of listing (1977). sparrow. land indian paint- broom. land larkspur. land bushmallow (Amphispiza belli brush. (Lotus scoparius (Delphinium (Malacothamnus clementae)*. (Castilleja grisea) ... ssp. traskiae). kinkiense). clementinus) Original listing status ...... T ...... E ...... E ...... E ...... E 5-Year status review date and August 13, 2009; September 24, September 24, March 31, 2008; September 28, recommendation. No change. 2007; downlist to 2007; downlist to downlist to threat- 2007; downlist to threatened. threatened. ened. threatened 12-month findings and reclassi- ...... Final downlisting: Final downlisting: ...... 12-month finding, fications. July 26, 2013 (78 July 26, 2013 (78 not warranted for FR 45406). FR 45406). reclassification: May 16, 2012 (77 FR 29078) Currently accepted common San Clemente Bell’s San Clemente Is- San Clemente Is- San Clemente Is- San Clemente Is- and scientific names. sparrow. land paintbrush. land lotus. land larkspur. land bush-mallow (Artemisiospiza belli (Castilleja grisea)* (Acmispon (Delphinium (Malacothamnus clementeae). dendroideus var. variegatum ssp. clementinus)* traskiae)*. kinkiense)*. Current listing status ...... T ...... T ...... T ...... E ...... E
Proposed Delisting Determinations (Navy 2013a, p. 3.11). Average monthly complete white eye rings, and Background relative humidity varies from 54 to 86 distinctive white and black malar percent depending on location and time stripes. It is approximately 5.1–5.9 in Overview of San Clemente Island of year, and the island experiences (13–15 cm) long, and weighs, on The five species addressed in this dramatic fluctuations in annual rainfall, average, 0.59 ounces (16.8 grams) proposed rule are endemic to San averaging 6.6 inches (in) (16.8 (Martin and Carlson 1998, p. 2; Turner Clemente Island, the southernmost centimeters (cm)) (Navy 2013a, pp. 3.11, et al. 2005, p. 27). island of the California Channel Islands, 3.13). Precipitation is received mainly The San Clemente (SC) Bell’s sparrow located 64 miles (mi) (103 kilometers from November through April, with has been close to extinction, with a low (km)) west of San Diego, California. The little from May through October. In of 38 individual adults reported in 1984 island is approximately 56 square mi addition to precipitation, fog drip (Hyde 1985, p. 30). The population was (145 square km, 36,073 acres (ac), or during the typical dry season is a vital estimated to be 316 in 1981, 38 in 1984, 14,598 hectares (ha)) (Junak and Wilken source of moisture to the San Clemente and 294 in 1997 (Beaudry et al. 2003, 1998, p. 2) and is long and narrow: 21 Island (SCI) ecosystem (Navy 2013a, pp. pp. 1–2). Some of this population mi (34 km) long by 1.5 mi (2.4 km) wide 3.9, 3.13). The central plateau is fluctuation may be related to differences at the north end, and 4 mi (6.4 km) wide characterized mainly by native and in survey methods and areas surveyed at the south end (USFWS 1984, p. 5). nonnative grassland communities. (Kaiser et al. 2008, pp. 31–33). In order The island consists of a relatively broad Marine terraces on the western side of to more accurately estimate distribution open plateau that slopes gently to the the island support maritime desert scrub and population size, SC Bell’s sparrow west. Conspicuous marine terraces line communities, and the steep eastern breeding season surveys were the western slope of the island, while escarpment supports grassland and redesigned in 2012 (Meiman et al. 2019, steep escarpments drop precipitously to sagebrush communities. Deep canyons pp. 3–4) and implemented island-wide the rocky coastline on the eastern side that incise both the east and the west in 2013, resulting in an island-wide along the southern 75 percent of its sides of the island support limited estimate of 4,534 adult sparrows (2,267 coastline. Many canyons, some of which canyon woodland communities. pairs). The population estimates have are up to 500 feet (ft) (152 meters (m)) consistently been over 4,000 adults San Clemente Bell’s Sparrow deep, dissect the southern part of the since 2013 (4,194–7,656) (USFWS island. Mount Thirst, the highest point A thorough review of the taxonomy, 2020a, p. 25). on the island, rises to approximately life history, and ecology of the San At listing, the SC Bell’s sparrow was 1,965 ft (599 m) (Navy 2013a, p. 1.4). Clemente Bell’s sparrow is presented in primarily distributed within the lower San Clemente Island is located in a the SSA report (USFWS 2020a). The San marine terraces along the northwestern Mediterranean climatic regime with a Clemente Bell’s sparrow portion of SCI, in the maritime desert significant maritime influence. Average (Artemisiospiza belli clementeae; scrub plant communities, mostly monthly temperatures range from 58 Chesser et al. 2012), formerly called the dominated by boxthorn (Willey 1997, p. degrees Fahrenheit (°F) (14 degrees San Clemente sage sparrow, is a non- 219). However, the SC Bell’s sparrow Celsius (°C)) to 66 °F (19 °C), with a migratory subspecies of Bell’s sparrow has more recently been found widely monthly maximum temperature of 72 °F endemic to San Clemente Island, across the island, bringing recent (27 °C) in August and a monthly California. It is a grayish-brown colored estimates of potential available habitat minimum of 51 °F (10 °C) in December sparrow with a small dark breast spot, from approximately 4,196 ha (10,369
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acres) in 2009 (USFWS 2009, p. 8) to (Meiman et al. 2019, pp. 2–4). It is likely types. While sparrows may be found in approximately 13,132 ha (32,449 acres, that sparrows used boxthorn as a refuge some habitat strata mapped as almost 90 percent of the island) and started using other substrates before grasslands, many grassland areas do not (Meiman et al. 2018, p. 5). As the native we recognized them as nesting habitat. support SC Bell’s sparrow, likely due in habitats recovered following the While the SC Bell’s sparrow is now part to the lack of shrub cover. removal of the nonnative grazing and distributed widely across the island (see BILLING CODE 4333–15–P browsing animals, the distribution of SC Figure 1, below), its density varies Bell’s sparrow expanded on SCI greatly spatially and among vegetation
Bird Rock Nerti) Head I Northwest Whale Point
Pyramid Head
China Canyon Chanetll Canyon
San Clemente Bell'a Sparrow {Artem/slosplra bel/f clementeae) 2019 Breeding Season Survey Strata Density Eatimates 0.04 • 0.05 lerritory/ha • O.l-.0.191erritorylha • 0.3 lerritory/ha
• 0.37 territory/ha U.S. FiihandW!lrlti» SOl'llieic C$mbi!ldFishendWl:1dUfiJ)Officc ~t Shore Bombardment Area Boundary Mnp Dal$: JWG2, 2020 !:Mia Sourte: U$f-W$, USN, TultllsA$,M S:\stem\eh1ilJe1flltl,l:$\SCl8ehSJ)IITOW FRmxd
Figure 1. Map showing distribution of San Clemente Bell's sparrow.
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Boxthorn habitat is still considered 1998, p. 9; Kaiser et al. 2008, p. 36). SC of the island and two additional high-quality habitat, although moderate Bell’s sparrows express site fidelity each locations of two to three small plants in to high population densities are also nesting season, and juveniles disperse China Canyon on the southern end of found in sagebrush and shrub habitat from the natal area during their first the island were known (42 FR 40682, near canyons and along the steep winter. August 11, 1977, p. 40683; USFWS eastern slope. SC Bell’s sparrows are Amounts and distribution of rainfall 1984, p. 48). Since listing, new locations present in significantly lower densities affect the timing and extent of of SCI bush-mallow have been in mixed shrub, cactus, and grassland vegetation growth and flowering. During discovered among the generally (grass/herb) habitats along the central drought years, SC Bell’s sparrows may southwesterly facing coastal terraces plateau (Meiman et al. 2018, p. 18). The not reproduce at all or a subset of the and their associated escarpments in the west shore boxthorn habitat, where the population may suppress breeding southern and middle regions of SCI species was originally described, (Kaiser et al. 2007, p. iv; Stahl et al. (Junak and Wilken 1998, pp. 1–416, remains densely occupied and is thus 2010, p. 48; Meiman et al. 2019, p. 35), Geographic Information System (GIS) which can, but does not always, result important to the species. data; Junak 2006, pp. 1–176, GIS data; SC Bell’s sparrows inhabit most plant in depressed populations following Tierra Data Inc. 2008, pp. 1–24, communities on SCI, including drought years. SC Bell’s sparrows appendices and GIS data; San Diego Maritime Desert Scrub in Lycium appear to respond to favorable (boxthorn) phase, Opuntia (prickly pear) precipitation patterns and resulting State University Soil Ecology and phase, and Cylindropuntia (cholla) conditions by producing multiple Restoration Group (SERG) 2010a and phase; Maritime sage scrub; canyon clutches, which typically drive 2010b, GIS data). Most of the known shrubland/woodland; and grasslands population numbers up in years that locations occur throughout the (USFWS 2020a, pp. 20–21). Within follow ‘‘good’’ precipitation years southwestern region of the island. The these plant communities, SC Bell’s (Kaiser et al. 2007, p. iv; Stahl et al. main southern distribution of SCI bush- sparrows show an affinity for areas 2010, p. 50). However, while there is a mallow is disconnected from the Lemon dominated by shrubs and cacti (Opuntia relationship between reproductive Tank Canyon locality by approximately spp.). SC Bell’s sparrows demonstrate a output and rainfall, the impacts of 4 mi (6.4 km). Many of these new positive association with structural droughts of varying duration and locations have been documented since shrub cover (Meiman et al. 2015a, p. severity on the population are unclear, feral mammals were removed, 33), as they typically use shrubs for and the mechanisms driving these suggesting that plants may have nesting substrate and use the gaps relationships are unknown (USFWS reemerged from underground stems that between and area underneath shrubs for 2020a, pp. 58–63). survived grazing by feral herbivores foraging. The abundance of shrubs, (Junak 2006, pers. comm. in 77 FR San Clemente Island Bush-Mallow including boxthorn, has been positively 29078, May 16, 2012, p. 29086), correlated with sparrow density (Turner A thorough review of the taxonomy, although experts doubt that rhizomes 2009, pp. 53–54). High grass cover has life history, and ecology of the San would be able to store enough energy to been correlated with lower sparrow Clemente Island bush-mallow is sprout after a long period of dormancy densities and larger territory sizes, presented in the SSA report (USFWS without sending up shoots in the which may indicate that grasses are not 2020b). San Clemente Island bush- interim (Munson 2019, pers. comm.; likely important resources during the mallow (Malacothamnus clementinus) Rebman 2019, pers. comm.; Morse 2020, nesting season (Turner 2009, pp. 53–54). is a rounded shrub in the Malvaceae pers. comm.). The SC Bell’s sparrow is a ground (mallow family) (Slotta 2012; 77 FR gleaner and eats available insects and 29078, May 16, 2012, p. 29080). Plants The current abundance and spiders, and also seeds taken from the are generally 2.3 to 3.3 ft (0.7 to 1 m) distribution of SCI bush-mallow is ground and low vegetation. During the tall with numerous hairy branched estimated to total approximately 5,611 winter, SC Bell’s sparrows feed on stems arising from the base of the plant individuals at 222 locations occupying prickly pear and cholla cactus fruit and (Munz and Johnston 1924, p. 296; Munz 15 watersheds (see Figure 2, below) on moths (Hyde 1985, p. 24). The 1959, pp. 122–125; Bates 1993, p. 752). (USFWS 2020b, pp. 29–31). Because initiation of breeding activity and the Flowers are clustered in the uppermost distinguishing genetically distinct length of the nesting season appear to be leaf axils, forming interrupted spikes 3.9 individuals among groups of stems is tied to precipitation patterns (Kaiser et to 7.9 in (10 to 20 cm) long (Munz 1959, difficult, counts or estimates of al. 2007, pp. 48–49; Meiman et al. 2018, p. 125). Flowers are bisexual and individuals have most often been used p. 36). Breeding activity usually peaks variously described as having pink or collectively to refer to both genetically in March and April, and lasts through white and fading lavender petals (Munz distinct individuals (genets) and clones late June or July. Clutch size ranges from and Johnston 1924, p. 296; Bates 1993, (ramets) (USFWS 2020b, p. 26). In the 1 to 5 eggs, with asynchronous hatching p. 752). current estimate, individuals refer to after 12 to 13 days of incubation The historical range and distribution individual plants and not necessarily to conducted mostly by the female (Martin of SCI bush-mallow on SCI is unknown genetically distinct individuals. Because and Carlson 1998, p. 9). SC Bell’s because botanical studies were not of access restrictions due to risk of sparrows are able to breed their first conducted on the island prior to the unexploded ordnances, occurrences year, and multiple clutches per year introduction of ungulates beginning in within areas subject to bombardment have been recorded, with most pairs the 1800s (Kellogg and Kellogg 1994, p. have not been assessed recently enough producing multiple successful broods in 4). At the time of listing, one site at to be included in this estimate, but are favorable years (Martin and Carlson Lemon Tank Canyon on the eastern side likely still extant.
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Point
Pyramid Rod Caiiyon· / / Head Cove Point 1/ I China Cove China Point Chenet!i canyon
San Clemente Island bt1$h-mallow {Ma/acothamnus cfemellfinus} Individuals per location • 1-9 ~
Figure 2. Map showing distribution of San Clemente Island bush-mallow.
SCI bush-mallow occurs in a variety base of escarpments between coastal of canyon walls and escarpments may of habitats on SCI. Historically, it was terraces on the western side of the provide favorable conditions for this observed on rocky canyon walls and island within maritime cactus scrub species (Junak 2006, pers. comm. in 77 ridges, presumably because foraging (Navy 2002, pp. D–19, D–20), and it can FR 29078, May 16, 2012, p. 29094). goats did not browse those areas. Since also occur on low canyon benches and Based on its habitat range on the island removal of nonnative feral ungulates, in rocky grasslands. Moisture that and the ease of cultivating the plant, SCI SCI bush-mallow has been found at the collects in rock crevices and at the base bush-mallow appears to tolerate a broad
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range of soil types (USFWS 1984, p. 50). number of genets, consistent with other that fire may also have a positive effect It is often associated with maritime plant species exhibiting strong clonal on SCI bush-mallow. Because of its cactus scrub vegetation on coastal flats growth. Although growth and spread of ability to resprout from rhizomes and at the southwestern end of the island the population has been thought to be the adaptation of other species in the (Junak and Wilken 1998, p. 256). mostly clonal (Muller and Junak 2011, genus to fire, it is thought that SCI bush- SCI bush-mallow flowers in the spring p. 50), seedlings have on occasion been mallow is likely resistant to fire and that and summer, typically from March to identified in the field by the presence of its seeds may even respond positively to August (Kearney 1951, p. 115; California cotyledons (embryonic leaf in seed- fire (USFWS 2008b, p. 77). Native Plant Society 2011). It is bearing plants) (Munson 2019, pers. generally thought that SCI bush-mallow comm.). While the distribution of SCI San Clemente Island Paintbrush is pollinated by insects; potential bush-mallow is much greater than was A thorough review of the taxonomy, pollinators incidentally observed in the known at the time of listing, difficulty life history, and ecology of the San wild include wasps and butterflies and confusion with discerning between Clemente Island paintbrush is presented (USFWS 2007, p. 9). Although no ramets and genets and low reproductive in the SSA report (USFWS 2020e). specific pollinator for this species is output create uncertainty about whether San Clemente Island paintbrush known, the shape of the flowers suggest it is reproducing sexually or only (Castilleja grisea) is a highly branched that it is not limited to a specific clonally. pollinator and instead can be pollinated Two different studies of population perennial subshrub in the broomrape by different pollinators (Muller and genetics have been conducted family (Orobanchaceae) endemic to SCI Junak 2011, p. 33). (Helenurm 1997; Helenurm 1999). (Chuang and Heckard 1993, p. 1021) While each plant is capable of making These genetic assessments along with and is the only representative of the large numbers of seeds, recorded seed field observations indicate that overall genus Castilleja found on the island production in natural occurrences of genetic diversity is low, but there is (Helenurm et al. 2005, p. 1222). SCI SCI bush-mallow has been very low some genetic diversity within and paintbrush is typically 11.5 to 31.5 in (Helenurm 1997, p. 51; Helenurm 1999, among patches of SCI bush-mallow (i.e., (29 to 80 cm) in height and covered with p. 39; Junak and Wilken 1998, p. 291). based on these studies, not all dense white, wooly hairs. Most Germination rates in seed trials are also individuals are clones in each area). Castilleja species have bisexual flowers low, only 4 to 35 percent (Evans and However, due to the limitations of disposed in terminal spikes. The flowers Bohn 1987, p. 538; Junak and Wilken techniques, neither study is conclusive. of SCI paintbrush are yellow. 1998, p. 291). Hypotheses for low seed Genetic diversity is presumed to have SCI paintbrush is thought to have set and germination rates include low declined since the introduction of feral been relatively common on SCI in the pollinator visitation rates, reduced browsers and grazers, but we do not 1930s, and subsequently declined as a pollinator diversity, partial self- know historical or current levels of result of unchecked grazing by incompatibility (i.e., plants need to be genetic diversity or normal rates of introduced feral herbivores (Helenurm pollinated by a non-closely related sexual versus asexual reproduction, so et al. 2005, p. 1222). The complete individual), limited survey efforts, and no comparisons can be made. Overall, historical range of SCI paintbrush on that seed germination may be stimulated genetic diversity within SCI bush- SCI is unknown because botanical by fire (USFWS 2020b, pp. 22–23). mallow is still very low compared with studies were not completed before the However, it is difficult to determine the other island endemic plant taxa plant’s decline. Herbarium records cause of the apparent low reproductive (Helenurm 1999, p. 40). documented the species on the south output noted, whether low reproductive This species may be subject to and east sides of the island before the output is still an issue currently, and drought stress to some extent (from 25 time of listing (California Consortium of whether fire assists germination. to 89 percent of individuals sampled), Herbaria 2019, records for C. grisea). By SCI bush-mallow can reproduce which may reduce flowering (Muller 1963, SCI paintbrush was reported as vegetatively, or clonally, by sprouting and Junak 2011, p. 58). This species rare or occasional (Raven 1963, p. 337). from rhizomes (Evans and Bohn 1987, p. may be drought deciduous as is a Since the complete removal of feral 538), as well as sexually by seeds, closely related species of bush-mallow, ungulates from SCI by 1992, SCI although sexual recruitment is likely Malacothamnus fasciculatus, but there paintbrush has been detected across the low. The ability to spread vegetatively are no physiological studies to support southern two-thirds of the island by underground rhizomes results in this conjecture; the similar phenology of (Keegan et al. 1994, p. 58; Junak and patches of spatially separate but SCI bush-mallow and its habitat Wilken 1998, pp. 1–416, GIS data; Junak genetically identical individuals (Evans attributes support the suggestion 2006, pp. 1–176, GIS data; Tierra Data and Bohn 1987, p. 538). Occurrences are (Muller and Junak 2011, p. 32). Inc. 2008, pp. 1–24, appendices and GIS likely a mix of both genetically unique Although there is no information data; SERG 2010a and 2010b, GIS data). individuals (genets) and clonal regarding the fire tolerance of SCI bush- The current abundance and distribution individuals (ramets) that are connected mallow, other species in the same genus of SCI paintbrush is estimated to be underground. Although difficult to are fire-tolerant and able to adapt comprised of 601 locations totaling discern between ramets and genets in (Rundel 1982, p. 86). Seed germination 48,181 individuals occupying 87 the field, most groups of plants are in other species in the genus is watersheds (see Figure 3, below) comprised of ramets from an unknown stimulated by fire, and there is evidence (USFWS 2020e, pp. 27–29).
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Bird Rock North -Head J Northwest Whale Poinf
Pyramid Red C.nyon. / / H San Clemente Island Paintbrush {Castilleja gr/sea) lrulivit!uals per location • 1-9 • 10-99 '" rno-499 @ >=500 Warersheds U!:.FWt,•M.Wt!noi:.■ o-.A1ti111t-..1t Figure 3. Map showing distribution of San Clemente Island paintbrush. Over time, the range of SCI paintbrush maritime desert scrub (which species is found almost exclusively on has expanded, and it now occupies a encompasses approximately 6,228 ac non-clay soils and rocky outcrops broad range of habitats across the island. (2,520 ha)). Aspect varies widely, but (Vanderplank et al. 2019, p. 5). SCI SCI paintbrush is often associated with generally plants are found on flats and paintbrush can colonize disturbed areas, two major vegetation types: Canyon steep rocky slopes from 0–70 degrees and the species likely has the potential woodland (which encompasses (CNDDB 2019; Navy 2017, pp. 11–24; for further range expansion on SCI approximately 696 ac (282 ha)), and Vanderplank et al. 2019, p. 5), and the VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 EP05MY21.002 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23891 (Navy 2008a, p. 3.11–3.20; Vanderplank groups of plants may depend upon details were available (42 FR 40682, et al. 2019, p. 5). frequent production of seed (Dunwidde August 11, 1977, p. 40683). In the 1984 All members of the genus Castilleja et al. 2001, p. 161) as no evidence of recovery plan, SCI lotus was considered are considered hemiparasitic, meaning clonal growth has been found (Muller to be restricted to six ‘‘populations’’ that its roots are capable of forming and Junak 2010, p. 42). Population associated with rocky areas, with the parasitic connections to roots of other growth is primarily by recruitment from largest number of plants growing in the plants (Heckard 1962, p. 27). Plants existing populations from plants that Wilson Cove area (USFWS 1984, p. 59). within the genus are capable of emerged from the soil seed-bank Only a few herbarium specimens of SCI photosynthesis and can exist without a following removal of feral herbivores or lotus exist, making historical host, but they are able to derive water, from plants that survived those impacts distribution and condition difficult to nutrients, and photosynthates from a (Muller and Junak 2010, p. 42). assess. Based on herbarium records, host plant if present (Heckard 1962, p. However, the increase in SCI California Natural Diversity Database 25). Members of the genus Castilleja paintbrush’s range, along with the (CNDDB) records, and the recovery appear to form parasitic connections discovery of new individuals along plan, the historical range includes with a wide range of host plant species trails or near buildings that people occurrences in the northern part of the from a wide range of families (Heckard frequent (O’Connor 2019, pers. comm.), island (Wilson Cove) down to the suggests that the establishment of new 1962, p. 28; Atsatt and Strong 1970, p. southern point (Pyramid Head). Since population centers may be relatively 280; Marvier 1996, p. 1399; Adler 2002, the final removal of all feral herbivores common. The degree of fire tolerance of p. 2704; Adler 2003, p. 2086; Muller by 1992, the distribution of this taxon SCI paintbrush is unknown. It is not 2005, p. 4). Although studies to verify has steadily increased (77 FR 29078, specifically adapted to fire, but it is host-connections have not been done, May 16, 2012, p. 29110). By 1997, likely resilient to occasional fires and numerous plant species are associated roughly 50 percent of documented with SCI paintbrush (Junak and Wilken has been seen to persist in areas after fires, although severe fires can kill occurrences of these plants were found 1998, p. 82; R. N. Muller 2009, pers. in the vicinity of Wilson Cove and by comm., in 77 FR 29078, May 16, 2012, plants and reduce numbers of individuals in a location (Muller and 2004, 75 percent of the distribution of p. 29096). The generalist host-selection this taxon was found beyond this area of C. grisea likely aided recovery of this Junak 2011, p. 16; US Navy 1996, pp. 5– 2; Tierra Data Inc. 2005, p. 80; and extended to the southern-most part species as the vegetation recovered of the island (USFWS 2007, pp. 4–5). following the removal of feral browsers Vanderplank et al. 2019, p. 13). The most recent survey data show the and grazers (Muller and Junak 2012, pp. San Clemente Island Lotus (Acmispon distribution of SCI lotus spans the entire 16–17). dendroideus var. traskiae) SCI paintbrush typically flowers length of the island from Wilson Cove A thorough review of the taxonomy, between February and May, producing to the southern tip east of Pyramid life history, and ecology of the San Cove, a distance of approximately 19 mi yellow bisexual flowers (Chuang and Clemente Island lotus is presented in Heckard 1993, pp. 1016–1024; Navy (31 km) (Junak and Wilken 1998, p. 261; the SSA report (USFWS 2020d). Junak 2006, Map A–C; Vanderplank et 2013a, pp. 3–203). SCI paintbrush is San Clemente Island lotus (Acmispon likely self-incompatible (unable to al. 2019, p. 27). The majority of dendroideus var. traskiae) is a semi- locations tend to be clustered on north- produce viable seed through self- woody, flowering subshrub in the fertilization), as observed in other facing slopes on the eastern side of the legume or pea family (Fabaceae). It is island (Vanderplank et al. 2019, p. 7). species of the genus (Carpenter 1983, p. endemic to SCI (Isely 1993, p. 619) and SCI lotus tends to occur in small groups 218; Junak and Wilken 1998, p. 84). is one of five taxa in the genus of 10 to 50 individuals (Allan 1999, p. Results of a population genetic study Acmispon found on the island (Tierra 84). The status of a number of historical were consistent with an outcrossing Data Inc. 2005, p. C–8; Brouillet 2008, locations are unknown because they breeding system (Helenurm et al. 2005, pp. 388–392). p. 1225). SCI paintbrush is most closely SCI lotus is typically less than 4 ft (1.2 occur in areas with restricted access, related to, and shares floral traits with, m) tall with slender erect green such as due to unexploded ordnances. other species in the genus primarily branches (Munz 1974, pp. 449–450; Without repeated survey data in some of adapted for bee pollination (Chuang and USFWS 1984, p. 59; Allan 1999, p. 82). those locations, it is unknown whether Heckard 1991, p. 658), but both insect Each leaf has three to five leaflets, each individuals observed 40 years ago still and hummingbird pollination of approximately 0.2 to 0.3 in (5 to 9 persist, so for purposes of estimating Castilleja have been reported (Grant millimeters (mm)) long (USFWS 1984, current distribution and abundance, 15 1994, p. 10409; Junak and Wilken 1998, p. 59; Allan 1999, p. 82). SCI lotus has historically occupied watersheds are no p. 84). small yellow flowers that are bisexual longer considered occupied (USFWS Although the lifespan of SCI and arranged in one to five flowered 2020d, p. 26). However, despite paintbrush is unknown, its larger stature clusters on stalks that arise from axils inconsistencies in the survey data, the and woodier habit (general appearance between the stem and leaf of terminal data indicate that the number of or growth form) suggest it may be longer shoots (Junak and Wilken 1998, p. 256). individuals and the range of SCI lotus lived, which would be consistent with Pistils are initially yellow, turning have increased over time, and SCI an estimated lifespan of 5–15 years orange then red as the fruit matures lotus’s current distribution is estimated based on observations made during (USFWS 1984, p. 59). to be 249 locations within 58 repeat visits to occupied sites (Munson The 1977 listing rule mentioned that watersheds totaling 21,251 individuals 2019, pers. comm.). Based on life- SCI lotus occurred at Wilson Cove on (see Figure 4, below) (USFWS 2020d, history, the persistence of interbreeding the north end of the island, but no other pp. 24–27). VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23892 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules Bird Rock North Head j Northwest Whale P-oint canyon Pyramid H<>ad Chern>t!i (4;1:nyon San Clemente Island lotus (A1:l11ispon dendToideus var. trasklae) lndivi Figure 4. Map showing distribution of San Clemente Island lotus. SCI lotus establishes on north- and around rock outcrops and among large pipelines (Navy 2013b, p. 3–201). It east-facing slopes and ridges at boulders situated in grassland areas and occurs on well-drained soils where elevations ranging from 25 to 1,400 ft along the interface between grassland adequate soil moisture is available to (7.6 to 463 m) and is found in canyon and maritime sage scrub (Allan 1999, p. the plant (Junak and Wilken 1998, p. bottoms or along ridgelines (Junak 2006, 84; Navy 2002, p. D–9); SCI lotus also 256; Navy 2002, p. D–9) and occurs p. 125). It appears to preferentially readily occupies disturbed sites and mostly on clay to rocky soils establish and grow somewhat colonially locations close to buildings, roads, and (Vanderplank et al. 2019, p. 7). SCI lotus VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 EP05MY21.003 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23893 is generally associated with two habitat among, rather than within, occurrences (i.e., darker), slightly larger flowers than types on the island: canyon woodland (Allan 1999, p. 61). However, more the SCI larkspur, which generally has supported on approximately 696 ac (282 recent genetic work (McGlauglin et al. white flowers, consistent with ha), and maritime desert scrub along the 2018, p. 754) has shown moderate levels distinctions noted in earlier works northeastern escarpment supported on of genetic diversity in the species, with (Dodd and Helenurm 2000, p. 125; approximately 6,228 ac (2,520 ha) (Navy gene flow between neighbor Koontz and Warnock 2012). SCI 2002, pp. 3.57, 3.58). populations. The genetic diversity of larkspur occurs mostly in the northern SCI lotus is short-lived, with a SCI lotus is equal to or higher than that portion of the island, and Thorne’s reported lifespan of less than 5 years of the mainland variety of the same larkspur occurs in the southern portion (USFWS 2008, p. 113); however, species, Acmispon dendroideus var. of the island. However, in the middle of individuals near Wilson Cove have been dendroideus, and SCI lotus also the island (and on the far southern end), observed to live longer than 6 years contains unique and highly divergent the two flower colors coexist in many (Emily Howe 2017, pers. comm. in genotypes (Wallace et al. 2017, pp. 747– locations, with varying proportions of Vanderplank et al. 2019, p. 6). Like 748). SCI lotus has hybridized with A. each color, and flower colors ranging other legumes, the roots of plants in the argophyllus var. argenteus in disturbed genus Acmispon to which SCI lotus areas in Wilson Cove (Liston et al. 1990, from pure white to dark purple. While belongs are able to fix atmospheric pp. 239–240; Allan 1999, p. 86). Based ambiguity of the subspecies nitrogen, making it available to plants in on intermediate characteristics, the classifications, mostly within the central the form of ammonia, enriching the soil hybrid plants appear to be first areas of the island, has caused some and making members of the genus generation (F1 generation) plants from a confusion regarding true range and Acmispon important post-fire colonizers cross between the two varieties. It is not distribution, the currently accepted (S VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23894 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules Bird Rock PO'int Pyramid Head Chenelti Canyon San Clemente Island larkspur (Delphinium variegatum ssp. lrinlriense) lmf111iduals per locauon • 1-9 • 10 c99 100-499 @ >=500 Watersheds Occupied walersheds. M Shore Bombardmen!Area Boundary Figure 5. Map showing distribution of San Clemente Island larkspur. BILLING CODE 4333–15–C encompasses approximately 2,213.5 ac to high-elevation grasslands on the east SCI larkspur was once associated with (895 ha), or 6.3 percent, of the island) side of the northern and central portions two main vegetation types: California (Navy 2013). The species is now found of the island where it occurs in clay, Broadleaf woodlands and forests (which in a broad range of habitats within the loam, and rocky soils with soil depths encompasses approximately 43.5 ac (17 same general vegetation types and is ranging from shallow to deep; however, ha), or 0.12 percent, of the island), and widespread across the island. SCI it is more often associated with non-clay California perennial grassland (which larkspur is generally found within mid- soils (Vanderplank et al., in prep.). VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 EP05MY21.004 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23895 Reported habitats have included coastal upon quite localized weather whether a species is no longer an grasslands (Koontz and Warnock 2012), conditions, exact numbers of endangered species or a threatened as well as grassy slopes and benches, individuals are difficult to locate and species, regardless of whether that open grassy terraces, and chaparral and count. information differs from the recovery oak woods (Warnock 1993 in USFWS In comparison with other endemic plan. 2008a). Currently, SCI larkspur occurs plant species, Delphinium variegatum There are many paths to primarily on the east side of the island appears to be typical in its pattern of accomplishing recovery of a species, on gentle slopes with northern, genetic diversity relative to its and recovery may be achieved without northwestern, and eastern exposures. geographic range at both the population all of the criteria in a recovery plan The higher-elevation plateau supports and taxon levels (Dodd and Helenurm being fully met. For example, one or grasslands dominated by the native 2002, p. 619). However, in comparison more criteria may be exceeded while perennial bunch-grasses interspersed with other Delphinium, the genetic other criteria may not yet be with annual forbs while the mid- and variation observed for the insular taxa of accomplished. In that instance, we may lower-elevation grasslands tend to be D. variegatum appears to be low. The determine that the threats are less floristically diverse and dominated data suggest that there is a higher level minimized sufficiently and that the by introduced annual grasses. They are of gene flow among adjacent species is robust enough that it no primarily found within vegetation populations. If estimates of historical longer meets the definition of an communities dominated by Artemisia gene flow are indicative of current endangered species or a threatened californica, nonnative grasslands, and patterns, then gene flow among the 24 species under the Act. In other cases, we Baccharis pilularis (Vanderplank et al., island populations studied appears to be may discover new recovery in prep.). high enough to prevent genetic opportunities after having finalized the Flower production in Delphinium can differentiation among them. This is recovery plan. Parties seeking to be highly variable and may be consistent with the general low level of conserve the species may use these dependent upon quite localized weather genetic differentiation found among opportunities instead of methods conditions (Lewis and Epling 1959, p. populations of other species in the identified in the recovery plan. 512) and soil moisture (Inouye et al. genus Delphinium (Dodd and Helenurm Likewise, we may learn new 2002, pp. 545, 549). Plants may not 2002, pp. 619–620). information about the species after we flower until reaching 2 to 3 years of age Little is known regarding the fire finalize the recovery plan. The new (e.g., Waser and Price 1985, p. 1727 in tolerance of SCI larkspur. However, its information may change the extent to reference to D. nelsonii). dormancy period (roughly May or June which existing criteria are appropriate SCI larkspur generally flowers from through November) and the fire season for identifying recovery of the species. March to April (California Native Plant generally coincide (O’Connor 2019, The recovery of a species is a dynamic Society 2001, in USFWS 2008a), but has pers. comm.; Navy 2009, p. 4.22). The process requiring adaptive management been documented flowering from possible benefits of fire to SCI larkspur that may, or may not, follow all of the January to April (Koontz and Warnock include reduction in competitive guidance provided in a recovery plan. 2012). Blue and white flowered shading and/or nutrient uptake, which In 1984, we published the Recovery Delphinium species are largely would likely increase flowering and Plan for the Endangered and Threatened pollinated by bumblebees (Waser and possibly visibility to pollinators. Species of the California Channel Price 1983, p. 343; Waddington 1981, p. Islands (recovery plan) that addresses Recovery Criteria 154). Several different species of the five species addressed in this pollinators have been observed visiting Section 4(f) of the Act directs us to proposed rule, plus some additional SCI larkspur (USFWS 2020c, p. 28; develop and implement recovery plans species (USFWS 1984). The recovery Junak and Wilken 1998, p. 120; Munson for the conservation and survival of plan preceded the 1988 amendments to 2019, pers. comm.; SERG 2015b, p. 13). endangered and threatened species the Act outlining required elements of Given the spur-length of San Clemente unless we determine that such a plan recovery plans. As such, the recovery Island larkspur, bumblebees or will not promote the conservation of the plan does not include recovery criteria, hummingbirds may be the primary species. Recovery plans must, to the but followed guidance in effect at the pollinators (Jabbour et al. 2009, p. 814). maximum extent practicable, include time it was finalized. Rather than Successful outcrossing within island objective, measurable criteria which, including specific criteria for populations indicates that pollination is when met, would result in a determining when threats have been effective; therefore, populations of determination, in accordance with the removed or sufficiently minimized, the pollinators are likely to be ample. provisions of section 4 of the Act, that recovery plan identifies six objectives to Like most other California larkspurs, the species be removed from the Lists. achieve recovery of the Channel Island SCI larkspur can survive below ground Recovery plans provide a roadmap for species. Given the threats in common to when conditions are unfavorable and us and our partners on methods of the species addressed, the recovery plan may remain dormant and not appear enhancing conservation and minimizing is broad in scope and focuses on above-ground for one or more years. The threats to listed species, as well as restoration of habitats and ecosystem species begins to go dormant shortly measurable criteria against which to function. The six objectives identified in after flowering, remaining dormant until evaluate progress towards recovery and the recovery plan are: early in the rainy season. Although we assess the species’ likely future • Objective 1: Identify present have no information on the lifespan of condition. However, they are not adverse impacts to biological resources SCI larkspur, based on information regulatory documents and do not and strive to eliminate them. regarding other species of larkspurs, it is substitute for the determinations and • Objective 2: Protect known likely that the subspecies is relatively promulgation of regulations required resources from further degradation by: long-lived (USFWS 2020c, p. 28). under section 4(a)(1) of the Act. A (a) Removing feral herbivores, Because of the species’ ability to go decision to revise the status of a species, carnivores, and selected exotic plant dormant, and additionally because or to delist a species, is ultimately based species; (b) controlling erosion in flower production in Delphinium can be on an analysis of the best scientific and sensitive locations; and (c) directing highly variable and may be dependent commercial data available to determine military operations and adverse VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23896 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules recreational uses away from biologically fires. For example, in 2017, after a large threatened species (July 26, 2013; 78 FR sensitive areas. fire that burned part of the eastern 45406). We also recommended in our • Objective 3: Restore habitats by escarpment had seemingly gone out, the 2007 5-year review for SCI bush-mallow revegetation of disturbed areas using fire restarted the next day and response and 2008 5-year review for SCI larkspur native species. was therefore delayed. This prompted a that they be reclassified as threatened • Objective 4: Identify areas of San change in how the Navy monitors fires (USFWS 2007c; USFWS 2008). Clemente Island where habitat that are thought to be out (O’Connor While the recovery plan did not restoration and population increase of 2019, pers. comm.). include specific metrics, the plan’s certain addressed taxa may be achieved • Addressing training-related erosion objectives have largely been achieved through a careful survey of the island through development of an erosion for these five species through removal of and research on habitat requirements of control plan (Navy 2013b, entire). The nonnative herbivores and subsequent each taxon. Navy incorporates erosion control recovery of native plant communities, • Objective 5: Delist or downlist those measures into all site feasibility studies and through restoration and taxa that achieve vigorous, self- to minimize impacts from erosion and management actions implemented by sustaining population levels as the avoid impacts to listed species. the Navy to improve habitat and control result of habitat stabilization, habitat Contributions to meeting the recovery threats related to erosion, invasive restoration, and prevention or objectives include adoption and species, fire, and land use. As a result minimization of adverse human-related implementation of the SCI Integrated of these actions, habitat has been impacts. Natural Resources Management Plan sufficiently restored and managed on • Objective 6: Monitor effectiveness (INRMP). The Navy adopted the SCI the island and supports self-sustaining of recovery effort by undertaking INRMP in 2002 (Navy 2002, entire) and populations for each of these five taxa. baseline quantitative studies and updated it again in 2013 (Navy 2013a, subsequent follow-up work (USFWS entire). An INRMP is intended to guide Regulatory and Analytical Framework 1984, pp. 106–107). installation commanders in managing Regulatory Framework The Navy has taken a variety of their natural resources in a manner that recovery actions to achieve the recovery is consistent with the sustainability of Section 4 of the Act (16 U.S.C. 1533) plan’s objectives. These include: those resources, while ensuring and its implementing regulations (50 • Removal of all feral herbivores, continued support of the military CFR part 424) set forth the procedures which was achieved in 1992. mission (Navy 2002, p. 1–1). The for determining whether a species is an • Monitoring and control of the INRMP identifies goals and objectives ‘‘endangered species’’ or a ‘‘threatened expansion of highly invasive, nonnative for specified management units and species.’’ The Act defines an plant species on an ongoing basis since their natural resources, including endangered species as a species that is the 1990s (O’Connor 2019, pers. measures to protect, monitor, restore, ‘‘in danger of extinction throughout all comm.). and manage special status species and or a significant portion of its range,’’ and • Implementing a nonnative wildlife their habitats. The Navy identifies and a threatened species as a species that is program, which focuses on island-wide addresses threats to special status ‘‘likely to become an endangered nonnative predator management, species during the INRMP planning species within the foreseeable future initiated by the Navy in 1992 (USFWS process. If possible, threats are throughout all or a significant portion of 2008, p. 172). ameliorated, eliminated, or mitigated its range.’’ The Act requires that we • Conducting and funding surveys, through this procedure. determine whether any species is an research, and monitoring to better The SCI INRMP outlines management ‘‘endangered species’’ or a ‘‘threatened understand the ecology and habitat actions for invasive species control species’’ because of any of the following requirements of sensitive species, and island-wide, including near listed factors: monitor their status and the species; biosecurity protocols; (A) The present or threatened effectiveness of recovery efforts. restoration of sites that support sensitive destruction, modification, or • Conducting long-term vegetation plants; habitat enhancement for curtailment of its habitat or range; monitoring studies. sensitive and listed species; fuel break (B) Overutilization for commercial, • Conducting propagation and installation to minimize fire spread; and recreational, scientific, or educational outplanting (transplant individuals from fire suppression to protect endangered, purposes; the greenhouse to vegetative threatened, and other priority species. (C) Disease or predation; communities) of native species through The Navy also developed and (D) The inadequacy of existing a contract with the San Diego State implements specific plans for some regulatory mechanisms; or University Soil Ecology and Restoration management issues, including: SCI (E) Other natural or manmade factors Group (SERG) since 2001 (Howe 2009, Wildland Fire Management Plan; affecting its continued existence. pers. comm.; Munson 2013, pers. Erosion Control Plan; and the Naval These factors represent broad comm.). Although most of the Auxiliary Landing Field San Clemente categories of natural or human-caused restoration efforts were not specifically Island Biosecurity Plan. For additional actions or conditions that could have an designed for the benefit of the species details on the Navy’s implementation of effect on a species’ continued existence. addressed in this proposed rule, recovery efforts, see ‘‘Conservation In evaluating these actions and restoration of the island’s vegetation Actions and Regulatory Mechanisms,’’ conditions, we look for those that may communities has helped to improve below. have a negative effect on individuals of habitat suitability for the subject species Interim progress on achieving the the species, as well as other actions or by reducing the spread of invasive, recovery objectives resulted in conditions that may ameliorate any nonnative plants and restoring improvements in the status of SCI negative effects or may have positive ecological processes. paintbrush and SCI lotus such that our effects. We consider these same five • Conducting annual reviews of fire 2007 5-year reviews recommended factors in reclassifying a species from an management and fire occurrences, reclassification (USFWS 2007a, b), and endangered species to a threatened allowing for adaptive management to both species were subsequently species or removing a species from the minimize the frequency and spread of reclassified from endangered species to Lists (50 CFR 424.11(c) through (e)). VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23897 We use the term ‘‘threat’’ to refer in and should consider the timeframes under changing environmental general to actions or conditions that are applicable to the relevant threats and to conditions. Using these principles, we known to or are reasonably likely to the species’ likely responses to those identified the species’ ecological negatively affect individuals of a threats in view of its life-history requirements for survival and species. The term ‘‘threat’’ includes characteristics. Data that are typically reproduction at the individual, actions or conditions that have a direct relevant to assessing the species’ population, and species levels, and impact on individuals (direct impacts), biological response include species- described the beneficial and risk factors as well as those that affect individuals specific factors such as lifespan, influencing the species’ viability. through alteration of their habitat or reproductive rates or productivity, The SSA process can be categorized required resources (stressors). The term certain behaviors, and other into three sequential stages. During the ‘‘threat’’ may encompass—either demographic factors. In our analyses first stage, we evaluated individual together or separately—the source of the presented below, we expect the Navy’s species’ life-history needs. The next action or condition or the action or current level of training as well as its stage involved an assessment of the condition itself. management of natural resources on SCI historical and current condition of the However, the mere identification of to continue well into the future, species’ demographics and habitat any threat(s) does not necessarily mean including management of threats, such characteristics, including an that the species meets the statutory as minimizing impacts of training, and explanation of how the species arrived definition of an ‘‘endangered species’’ or managing erosion, invasive species, and at its current condition. The final stage a ‘‘threatened species.’’ In determining wildland fire. However, as described of the SSA involved making predictions whether a species meets either below (see Climate Change), uncertainty about the species’ responses to positive definition, we must evaluate all regarding effects of a changing climate and negative environmental and identified threats by considering the increases after 20–30 years, making anthropogenic influences. Throughout species’ expected response and the reliable predictions after this time all of these stages, we used the best effects of the threats—in light of those period difficult. We used this 20–30 available information to characterize actions and conditions that will year timeframe in developing our viability as the ability of a species to ameliorate the threats—on an projections of future conditions in each sustain populations in the wild over individual, population, and species of the species status assessments for the time. We use this information to inform level. We evaluate each threat and its five species. our regulatory decisions. expected effects on the species, then Summary of Biological Status and analyze the cumulative effect of all of Analytical Framework Threats the threats on the species as a whole. The SSA reports document the results We also consider the cumulative effect of our comprehensive biological review Below, we review the biological of the threats in light of those actions of the best scientific and commercial condition of the species and their and conditions that will have positive data regarding the status of the species, resources, and the threats that influence effects on the species—such as any including assessments of the potential the species’ current and future existing regulatory mechanisms or threats to the species. The SSA reports condition, in order to assess the species’ conservation efforts. The Secretary do not represent our decisions on overall viability and the risks to that determines whether the species meets whether any of the species should be viability. the definition of an ‘‘endangered delisted or reclassified under the Act. Each of the five SCI species occurs as species’’ or a ‘‘threatened species’’ only They do, however, provide the scientific a single population with no natural after conducting this cumulative basis that informs our regulatory division in their ranges. However, for analysis and describing the expected decisions, which involve the further assessing species resilience and for effect on the species now and in the application of standards within the Act monitoring and tracking the plant foreseeable future. and its implementing regulations and species in the future, we divided the The Act does not define the term policies. The following is a summary of species’ ranges into watershed units to ‘‘foreseeable future,’’ which appears in the key results and conclusions from the quantify threats across the range. the statutory definition of ‘‘threatened SSA reports; the full SSA reports can be Watersheds were suggested for use in species.’’ Our implementing regulations found at Docket No. FWS–R8–ES–2020– delineation for monitoring purposes by at 50 CFR 424.11(d) set forth a 0074 on http://www.regulations.gov. the Navy (Vanderplank et al. 2019, pp. framework for evaluating the foreseeable To assess species viability, we used 6–7), as every point on the island can be future on a case-by-case basis. The term the three conservation biology easily assigned to a watershed, and foreseeable future extends only so far principles of resiliency, redundancy, watershed boundaries on SCI are not into the future as we can reasonably and representation (Shaffer and Stein expected to change significantly during determine that both the future threats 2000, pp. 306–310). Briefly, resiliency the 20- to 30-year time frame of this and the species’ responses to those supports the ability of the species to analysis. These units are not meant to threats are likely. In other words, the withstand environmental and represent ‘‘populations’’ in a biological foreseeable future is the period of time demographic stochasticity (for example, sense; rather, these units were designed in which we can make reliable wet or dry, warm or cold years); to subdivide the species’ ranges in a predictions. ‘‘Reliable’’ does not mean redundancy supports the ability of the way that facilitates assessing and ‘‘certain’’; it means sufficient to provide species to withstand catastrophic events reporting the variation in current and a reasonable degree of confidence in the (for example, droughts, large pollution future resilience across the range. In the prediction. Thus, a prediction is reliable events); and representation supports the SSAs for the plant species, we assessed if it is reasonable to depend on it when ability of the species to adapt over time the species’ ability to withstand making decisions. to long-term changes in the environment stochastic events in each watershed, and It is not always possible or necessary (for example, climate changes). In how these occupied watersheds to define foreseeable future as a general, the more resilient and contribute to the viability of the entire particular number of years. Analysis of redundant a species is and the more island population (the species). Note the foreseeable future uses the best representation it has, the more likely it that this way of delineating analysis scientific and commercial data available is to sustain populations over time, even units within which to measure VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23898 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules resiliency does not follow the methods those factors in detail that could changes in the cover of native and used in the July 26, 2013, rule meaningfully impact the status of the nonnative plants on the island, further reclassifying SCI paintbrush and SCI species. Those risks that are not known evidenced by the increases in lotus (78 FR 45406), and it is therefore or unlikely to have effects on the status endangered and threatened taxa since not directly comparable. However, the of the SCI species, such as disease or the feral animals were removed (Junak watersheds that are represented seed predation, are not discussed here, 2006a, pers. comm.; Uyeda et al. 2019, correspond to the extant occurrences but are evaluated in the SSA reports. pp. 6, 22, 30). While nonnative described in the July 26, 2013, Many of the threats and risk factors are herbivores have been successfully reclassification rule (USFWS 2020d, pp. the same or similar for each of the removed and are no longer directly 82–85; USFWS 2020e, pp. 89–92). species. Where the effects are expected affecting native plant communities, In assessing species resilience for SC to be similar, we present one discussion continuing impacts include areas Bell’s sparrow, we followed the that applies to all species. Where the vulnerable to erosion that have not fully approach for surveys of annual sparrow effects may be unique or different to one recovered, the presence of invasive densities. Those annual surveys divide species, we address that species species, and the interaction of nonnative the island into eight vegetation strata. specifically. Many of the risk factors grasses with fire. The past and Because densities vary greatly among affect both habitat (quantity and quality) continuing effects of erosion, invasive these strata each year, and because these and individuals of the species species, and fire are discussed further strata are used for annual monitoring, (disturbance, injury, or mortality). The below. we assess the resiliency of the primary risk factors (i.e., threats) Overview of Current Land Use subspecies within each of these strata in affecting all the SCI species are: (1) Past terms of the estimated population size, and current land use, including military SCI is owned by the Navy, and is the but then scale up from these strata to the training activities (Factors A and E from primary maritime training area for the resiliency of the subspecies. These the Act); (2) erosion (Factor A); (3) Pacific Fleet and Sea Air and Land vegetation strata are not meant to invasive species (Factors A and E); (4) Teams (77 FR 29078, May 16, 2012). represent ‘‘populations’’ in a biological fire and fire management (Factors A and The island also supports training by the sense; as with the plant species, these E); and (5) climate change (Factors A Marine Corps, the Air Force, the Army, units were designed to subdivide the and E). Additional risk factors for some and other military organizations. As the species’ range in a way that facilitates of the species include predation (Factor westernmost training range in the assessing and reporting the variation in C), drought (Factors A and E), small eastern Pacific Basin, where training current and future resilience across the population size (Factor E), and reduced operations are performed prior to troop range. genetic diversity (Factor E). Finally, we deployments, portions of the island receive intensive use by the military Species Needs also reviewed the conservation efforts being undertaken for the species. (Navy 2008a, p. 2.2). Our SSA framework generally Infrastructure, including runways, includes identifying the species’ Past Land Use buildings, and associated development, ecological requirements for survival and The current habitat conditions for is concentrated at the northern end of reproduction at the individual, listed species on SCI are partly the the island. The remainder of the island population, and species levels. result of historical land use practices. is largely devoid of infrastructure, However, population-level and species- SCI was used legally and illegally for except for the ridge road running along level needs, such as number of sheep ranching, cattle ranching, goat the spine of the island. In addition to individuals or reproductive success grazing, and pig farming (77 FR 29078, existing infrastructure, various training necessary to maintain an occurrence, May 16, 2012, p. 29093; Navy 2013a, p. activities occur within training areas on level of gene flow or dispersal, etc., are 2–3). Goats and sheep were introduced the island, and have the potential to not well understood for any of the five early by the Europeans, and cattle, pigs, affect the SCI species (see Table 3, species. Where information is lacking or and mule deer were introduced in the below). Altogether, 34.8 percent of the incomplete, we make certain scientific 1950s and 1960s (Navy 2013a, p. 3– island’s area is located in one of these assumptions based on principles of 185). These nonnative herbivores greatly training areas, although training does conservation biology in order to conduct changed the vegetation of SCI and were not occur uniformly within each area. our analyses. In each of the plant SSAs, the main cause of the SCI species’ Military training activities within some we make the assumption that, for the decline (42 FR 40682, August 11, 1977, of these training areas can involve the plant species, numbers of individuals p. 40683). Persistent grazing and movement of vehicles and troops over within a watershed correlates with browsing defoliated large areas of the the landscape and can include live greater resilience and, conversely, island, and the animals caused munitions fire, incendiary devices, watersheds with fewer individuals or trampling and trail proliferation, which demolitions, and bombardment. with only one location within the exacerbated erosion, altering plant The Shore Bombardment Area watershed have lower resiliency. communities on SCI and leading to (SHOBA) occupies roughly the southern Similarly, for SC Bell’s sparrow, our severe habitat degradation and loss of third of the island and encompasses models in the SSA assume that density suitable habitat that likely curtailed the approximately 13,824 ac (5,594 ha) correlates with greater resilience, and range of endemic plants and animals on (Navy 2008a, p. 2–7, Navy 2009, p. 2– that vegetative strata with greater the island. Grazing and ranching on the 4). Areas of intensive use within densities have greater resilience. island also facilitated the introduction SHOBA include two Impact Areas and and spread of nonnative plants (Navy three Training Areas and Ranges Risk Factors for the San Clemente 2002, p. 3–31). (TARs). Impact Areas support naval gun Island Species All nonnative ungulates were firing, artillery firing, and air-to-ground We reviewed the potential risk factors removed by 1992 (Keegan et al. 1994, p. bombing (Navy 2008a, p. 2–7; Navy (i.e., threats, stressors) that could be 58; 77 FR 29078, May 16, 2012, p. 2013a, p. 2–8). Much of the remainder affecting the five SCI species now and 29093). Since then, the vegetation on of SHOBA serves as a buffer around in the foreseeable future. In this SCI has rebounded, and habitat Impact Areas; thus, 59 percent of proposed rule, we will discuss only conditions have improved, leading to SHOBA is not within intensive training VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23899 areas subject to direct training activities. Training and other land use activities and vegetation, spread of nonnative Some areas, particularly the escarpment have multiple potential impacts, plant species, creation of road ruts and along the eastern coast, have limited including trampling or crushing trails, compaction of soils, and fires training value because precipitous individuals or groups of plants; (USFWS 2008b, pp. 96–99). Erosion, terrain hinders ground access. disturbance of nesting birds or injury or nonnative species, and fire are Due to these various military training mortality of nestlings; and habitat discussed separately from military activities, land use has been considered impacts including disturbances to soil training in this proposed rule. a threat to listed species on SCI. TABLE 3—SUMMARY OF TRAINING AREAS, THEIR SIZE, USE, AND THE THREATS WITHIN EACH Percent of Training area Size (acres) island * Use Threat/stressor Assault Vehicle Maneuver 1,060.5 2.9 Vehicular maneuvering.... Soil erosion, trampling, devegetation (habitat re- Areas (AVMAs) (3). moval); disturbance, injury, or mortality of individ- uals. Infantry Operations Area ... 8,827.6 24.5 Dispersed foot traffic ...... Trampling, soil erosion; disturbance, injury, or mor- tality of individuals. Training Areas and 1,968.2 5.5 Varies by TAR: demoli- Varies by TAR, but limited to trampling, localized Ranges (TARs) (20). tion, small arms, com- ground disturbance; disturbance, injury, or mor- bat, etc. tality of individuals. Impact Areas (2) ...... 3,399.7 9.4 Bombing, live fire ...... Devegetation (habitat removal), fires; disturbance, injury, or mortality of individuals. * Because several training areas overlap, percentages total more than the 34.8 percent of the island’s area located in training areas. Land Use for Military Training destruction of habitat, injury or of the land within each training area is Plants—Military training activities mortality of individual plants, and fires. used for training, and frequency and within training areas (primarily the Where the distributions of the plant taxa intensity of training vary among areas Infantry Operations Area, TARs, and overlap with training areas, there is and uses, such that only a subset of AVMAs) can entail the movement of potential for impacts to individuals and individuals within any training area is vehicles and troops over the landscape to habitat. Table 4, below, details the likely to be affected. Additionally, some and thus include the potential of number of locations, individuals, and effects are minor, such as trampled trampling or crushing individuals or percent of population of each of the leaves or broken branches (i.e., injury groups of plants, or removal of habitat. plant taxa that occur within training but not mortality), and frequency of Naval gun firing, artillery firing, and air- areas. Percent of populations within training impacts may allow sufficient to-ground bombing occurs within the training areas range from less than 1 time for individuals and habitats to Impact Areas, and can result in the percent to 13 percent. However, not all recover. TABLE 4—THE NUMBERS OF LOCATIONS AND TOTAL INDIVIDUALS OF PLANT TAXA THAT OCCUR WITHIN TRAINING AREAS [USFWS 2020b, p. 45; USFWS 2020c, p. 52; USFWS 2020d, p. 36; USFWS 2020e, p. 37] Percent of Species Locations Watersheds Individuals population SCI paintbrush ...... 74 19 2,089 4.34 SCI lotus ...... 4 4 22 0.11 SCI larkspur ...... 10 4 1,847 9.74 SCI bush-mallow ...... 42 1 731 13 San Clemente Bell’s sparrow—SC activities in each area vary widely and (Meiman et al. 2019, pp. 9, 20–23, 38– Bell’s sparrows may be adversely SC Bell’s sparrow density also varies, 39), indicating that impacts are limited affected in habitat within and potential impacts vary by area. Because or temporary. surrounding training areas. Adverse not all of the land within each training Summary—While military training effects include modification and area is used for training, and frequency activities have the potential to impact degradation of habitat, as well as the and intensity of training vary among all five SCI species, the majority of disturbance, injury, or death of areas and uses, only a subset of locations and habitats occur outside individual SC Bell’s sparrows (more individuals within any training area is intensive training areas. Within training likely nestlings and fledglings), and loss likely to be affected. Additionally, many areas that overlap with the species’ of active SC Bell’s sparrow nests, such effects are expected to be infrequent, distributions, many effects are expected as from trampling of nests or nestlings temporary, or minor, such as flushing of to be infrequent, minor, or temporary. (USFWS 2008, p. 174). Currently, 4,788 birds. Monitoring from 2015 to 2018 of Additionally, the Navy’s INRMP (Navy ha (11,831 ac) of potential SC Bell’s two TARs located within high-density 2013a) outlines measures for managing sparrow habitat falls within a training SC Bell’s sparrow habitat within land and water resources on the island, area. Based on the 2018 territory density boxthorn do not indicate major impacts including listed and sensitive species. estimates, this represents 25 percent of to SC Bell’s sparrow densities due to The INRMP includes measures to avoid the total island population (USFWS training in these TARs, and SC Bell’s and minimize impacts, as well as to 20202a, p. 49). Because training sparrows continue to inhabit these areas restore and manage habitat. Military VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23900 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules training activities are expected to recorded nest predators (Meiman et al. although they have been present for continue into the future. Generally, 2017, pp. 35–36; Meiman et al. 2018, p. many decades. training is expected to continue within 26). Despite the persistence of and SCI larkspur occurs within grasslands the current footprint, but intensity of current inability to eradicate black rats, that have experienced a proliferation of training could increase in the future. the SC Bell’s sparrow population nonnative plant species, especially However, changes to training have and expanded over the past two decades, annual grasses. Surveys conducted will be subject to environmental review increasing in abundance and between 2011 and 2017 found 13 of 74 under applicable laws and regulations, distribution. locations of SCI larkspur in and impacts to federally listed and Nonnative plants—Contemporaneous communities dominated by invasive sensitive species will be evaluated with and likely aided by feral grazing grasses (Navy, unpublished data; (O’Connor 2019, pers. comm.). Projects animals, a large number of invasive, Vanderplank et al., in prep). and changes in training areas are subject nonnative plant species have become While nonnative plant species, to the Navy’s Site Approval and Review naturalized on SCI and are now including nonnative annual grasses, are Process, which includes identifying widespread (USFWS 2020b, pp. 47–49; extensively distributed across SCI both avoidance and minimization measures USFWS 2020c, pp. 57–58; USFWS as a result of post-grazing colonization for plant communities and sensitive 2020d, pp. 40–41; USFWS 2020e, p. 43). of weedy species in highly disturbed species, including measures that are Nonnative plants can alter habitat habitat and accidental introduction of recommended in the SCI INRMP (Navy structure and ecological processes such new weeds through human activities, 2013a, pp. 4–23, 4–28). Coupled with as fire regimes, nutrient cycling, they do not seem to be impeding ongoing management of related threats hydrology, and energy budgets, and they recovery. Since the removal of feral (including wildland fire, soil erosion, can directly compete with native plants grazers, all vegetation communities have been recovering, and naturalized invasive species) under the SCI INRMP, for water, space, light, and nutrients (77 grasslands (the most fire-prone of it is highly unlikely that future changes FR 29078, May 16, 2012, p. 29117). In nonnative vegetation communities) in military training on SCI will impede addition to altering habitat, potential constitute a small proportion of the or reverse advances in the recovery of impacts of nonnative plants on the four island at this time, approximately 10.6 these five species (O’Conner 2019, pers. SCI plant species include precluding percent of the island area (US Navy comm.). germination (i.e., competitive exclusion) 2013a, p. 3.59). In addition, the island and reducing or preventing pollination Invasive and Nonnative Species now has more intact habitats, reduced (e.g., by growing densely around plants Along with the introduction of feral, erosion, and a stronger suite of native and thereby making them less obvious nonnative herbivores, many other competitor species, making the nonnative species have been introduced or less accessible to pollinators). The conditions less favorable to invasion. to the island. While nonnative, feral invasion of nonnative annual grasses on The Navy makes significant efforts to grazers have been completely removed the island may have caused the greatest control highly invasive, nonnative from SCI, other nonnative species have structural changes to habitat, especially perennial grasses and nonnative forbs to become established and have the on the coastal terraces and in swales preclude their expansion into habitat potential to negatively affect species and (USFWS 2007, pp. 4–5). Annual grasses areas and areas in which weed control their habitats. These include feral cats vary in abundance with rainfall, would be difficult due to terrain and (Felis catus), black rats (Rattus rattus), potentially changing the vegetation access challenges, and the Navy has and many species of nonnative plants, types from shrublands to grasslands and monitored and controlled the expansion especially nonnative annual grasses. increasing the fuel load in wet years and of highly invasive, nonnative plant Feral cats and black rats can prey on interacting with fire (Battlori et al. 2013, species on an ongoing basis since the eggs, chicks, and adult SC Bell’s p. 1119). The effects of fire are 1990s (O’Connor 2019, pers. comm.). sparrows. Nonnative plant species may discussed separately below. Many conservation measures to limit alter ecological processes and habitats, While nonnative plants, especially the introduction and spread of while also directly competing with nonnative annual grasses, have the nonnative plants are included in the native plant species. potential to adversely affect the listed INRMP (Navy 2013a, pp. 3.289–3.290). Predation by black rats and feral plant species, nonnative grasses are The recently completed Biosecurity cats—Since listing, predation on SC present but not a dominant component Plan (Navy 2016, entire) will also more Bell’s sparrow by introduced black rats of the plant communities at the majority effectively control the arrival of and feral cats, and by native predators, of occurrences of the four SCI plant potentially invasive propagules. The has been documented (USFWS 2020a, p. species. SCI paintbrush and SCI lotus plan contains actions recommended to 57). While total population sizes of feral are often associated with vegetation avoid introduction of new invasive cats and black rats on the island are types where nonnative grasses are species and works to prevent and unknown and have not been estimated, present but not a dominant component respond to new introductions of the Navy conducts management of the plant community (Tierra Data Inc. nonnative species and bio-invasion activities for both on the island. 2005, pp. 29–42; Junak and Wilken vectors. Despite the existence of Nonnative wildlife management 1998, p. 261; USFWS 2007, pp. 6–7; nonnative plants on SCI, the four SCI implemented through the INRMP Vanderplank et al. 2019, p. 12). Surveys plant species have expanded in focuses on control of feral cats conducted in 2011 and 2012 found just distribution and abundance since listing throughout the island and rodent four occurrences (170 individuals) of (42 FR 40682; August 11, 1977). control near San Clemente loggerhead SCI paintbrush in communities shrike (Lanius ludovicianus mearnsi) dominated by invasive grasses and no Erosion nest sites (Meiman et al. 2013, p. 2). SCI lotus in communities dominated by Degradation of the vegetation due to This program, while unlikely to nonnative grasses (Vanderplank et al. the browsing of feral goats and rooting completely eradicate feral cats and black 2019, p. 12). Nonnative grasses do not of feral pigs modified the island’s rats, affords some protection to the SC occur densely within canyons, where habitat significantly and resulted in Bell’s sparrow, primarily through cat SCI bush-mallow occurs, and it does not increased erosion and soil loss over removal. Black rats remain commonly appear as if grasses are expanding, much of the island, especially on steep VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23901 slopes where denuded soils could be their proximity to activities that can a road, and all of the rest have fewer quickly washed away during storm cause or exacerbate erosion. The SSAs than 20 percent of the individuals or events (Johnson 1980, p. 107; Tierra used a 30-m (100-ft) buffer around roads locations in areas considered in this Data Inc. 2007, pp. 6–7; Navy 2013a, pp. as an appropriate distance over which assessment to be at risk of road impacts 3.32–3.33). Since the feral animals were negative impacts to habitat could be (USFWS 2020d, p. 39). removed, much of the vegetation has perceptible and should be evaluated. SCI larkspur—Less than 10 percent of recovered, and natural erosion on the Previously, we considered individuals the current population of SCI larkspur island has decreased significantly (Navy that occur within 152 m (500 ft) of a lies within training areas, and none of 2013a, p. 3–33, Vanderplank et al. 2019, paved or unpaved road vulnerable to these plants are located in AVMAs, p. 15). Erosion problems currently are habitat degradation (Forman and which are the training areas where limited to localized areas, and because Alexander 1998, p. 217; 77 FR 29078, potential for erosion is of greatest of topography and soil characteristics, 29102, May 16, 2012). However, based concern. Of the distribution considered there always will be the potential for on expert opinion and observations on current, only 1 location comprising 70 localized erosion to occur at sites across SCI since 2012, increased erosion individuals is located within 30 m (100 the island. Periods of heavy rainfall can associated with roads does not extend as ft) of a road. Island-wide, this represents cause localized erosion, but these areas far from the road network as previously 1 percent of the total locations and 0.3 are difficult to predict. thought (O’Connor 2019, pers. comm.). percent of the total individuals. This In addition to erosion caused by past Based on these observations, the buffer location that could see road impacts is land uses, military training activities size was revised for our analysis. just one of five in the watershed, and the existing road network could SCI paintbrush—SCI paintbrush is comprising 11 percent of the total lead to erosion that could impact found mostly on non-clay soils that are individuals in the watershed (USFWS species and their habitats. Erosion is a not prone to piping (formation of 2020c, p. 56). primary concern associated with use of underground water channels), and no SCI bush-mallow—Approximately 13 the Assault Vehicle Maneuver Corridor piping or soil erosion channels have percent of the current population of SCI (AVMC). To address this concern, the been observed in SCI paintbrush bush-mallow lies within training areas, Navy is implementing the San Clemente locations (Vanderplank et al. 2019, p. but none of these plants are located in Island Erosion Control Plan (Navy 16). Only 2 percent of individuals AVMAs, which are the training areas 2013b, entire), which includes best detected in the 2011 and 2012 surveys with the greatest potential for erosion. management practices to prevent, were located in areas mapped as clay No current locations of SCI bush- minimize, and restore impacts to soils (Vanderplank et al. 2019, p. 16). mallow occur within 30 m (100 ft) of a sensitive resources within the AVMC. Along the eastern escarpment, SCI road. Implementation of this plan has resulted paintbrush is found in steep canyons in SC Bell’s sparrow—While some in prioritization of low-erosion areas proximity to Ridge Road, the primary habitat for SC Bell’s sparrow may be within the AVMAs for assault vehicle road that traverses most of the island affected by erosion, erosion is generally use, and establishment of routes within from northwest to southeast. Roadside localized (i.e., not widespread and the AVMAs, to reduce loss of vegetation occurrences of SCI paintbrush may limited in size) and is unlikely to affect cover and allow for better control of experience runoff during storm events individuals of the sparrow. erosion (Vanderplank et al. 2019, p. 16). (Navy 2008a, pp. G.4, G.8). Of the SCI The Navy monitors and evaluates soil The existing road network on SCI paintbrush current distribution, 144 erosion on SCI to assess priorities for includes Ridge Road and approximately individuals in 6 watersheds are located remediation (SERG 2006, entire; SERG 188 linear miles of dirt and paved within 30 m (100 ft) of a road or the 2015, entire), and efforts are made roadways. These roads can concentrate Artillery Vehicle Maneuver Road through revegetation and outplanting to water flow, causing incised channels (AVMR) (USFWS 2020e, p. 41). Island- restore areas where erosion occurs and erosion of slopes (Forman and wide, this represents 7 percent of the (SERG 2016, p. 2). The INRMP requires Alexander 1998, pp. 216–217). total occupied watersheds and 0.2 that all projects with potential erosion Increased erosion near roads could percent of the total individuals. impacts include soil conservation potentially degrade habitat, especially SCI lotus—Less than 1 percent of the measures for best management along the steep canyons and ridges. On current population of SCI lotus occurs practices, choosing sites that are capable occasion after particularly heavy rainfall within training areas where there is an of sustaining disturbance with events, localized areas of high erosion increased potential for erosion caused minimum soil erosion, and stabilizing stemming from roadways have been by military activities. The occurrence of disturbed sites (Navy 2013a, pp. 3.33– noted; however, regular road SCI lotus in Wilson Cove is in proximity 3.37). In addition, the Erosion Control maintenance and repair of associated to Navy facilities where erosion is Plan includes specific guidelines for the damage minimizes the potential for caused by construction of buildings and development and application of best such problems to spread. The SCI parking lots (USFWS 2008, p. 117). No management practices to minimize soil INRMP includes a management strategy individuals have been documented to be erosion within these training areas, that addresses island-wide erosion. affected by erosion in this area (SERG minimize offsite impacts, and prevent Implementation of the SCI INRMP as 2015, p. 40). Within the current soil erosion from adversely affecting well as the Erosion Control Plan (Navy distribution, 434 individuals in 6 federally listed or proposed species or 2013b, entire), which include best watersheds are located within 30 m (100 their habitats and other sensitive management practices to prevent, ft) of a road (USFWS 2020d, p. 39). resources (Navy 2013b, entire). minimize, and restore impacts to Island-wide, this represents 2 percent of Despite existing levels of soil erosion sensitive resources, is expected to the total locations and 2 percent of the on the island, the distributions of all prevent erosion from adversely affecting total individuals. Locations that could five species have increased since listing the SCI species and their habitats. be affected by road impacts (including (42 FR 40682; August 11, 1977). Current Potential for erosion to affect species trampling, erosion, and increased erosion issues are localized, and erosion depends on whether the species and invasive species) exist within 5 is generally decreasing on the island as their habitats occur on soils or watersheds. Only one of these has 100 the vegetation continues to recover. topography prone to erosion, and on percent of their individuals located near Only a small percentage of individuals VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23902 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules and localities of these species occur levels, fires have little effect on shrubs, individual species depend on the within training areas or within which resprout and recover easily (Navy species’ fire tolerance and on the proximity to roads where activities can 2009, pp. 4–52). Typically, due to the overlap of its distribution with areas cause or exacerbate erosion. Although patchy nature of fires, not all areas where fires are likely to occur. the erosional processes must be within a fire footprint are burned Fires can impact plants on San considered at an island-wide scale, uniformly; that is, not all plants in a Clemente, but have been generally impacts from erosion are not rangewide. burn polygon are necessarily burned or localized, infrequent, and of low Instead, impacts are localized (i.e., not burned at the same severity (SERG 2012, severity, and have burned mostly in widespread and limited in extent) and p. 39). Although fire ignition points are regions where these taxa are not managed, so potential for loss of concentrated in the military training documented (USFWS 2020b, pp. 52, 56; individuals due to erosion is limited or areas, fires that escape these areas could USFWS 2020c, pp. 61, 66; USFWS unlikely. potentially spread to other areas of the 2020d, pp. 44, 50; USFWS 2020e, pp. island. However, due to vegetation and Fire and Fire Management 46, 52). In addition, rhizomes and seed topography, fires have generally been banks can help these plants survive and Fire is a natural component for confined to the same areas (Munson persist post-fire. Though severe fires regeneration and maintenance of many 2019, pers. comm.). may kill SCI lotus, some plants are habitats; however, maritime desert scrub Future increased fire frequency from communities on SCI are not found to intensified military use could lead to likely to survive and resprout after low have been fire-dependent due to localized changes in vegetation. The intensity fires (USFWS 2020d, pp. 20). maritime-related humidity, limited Navy significantly expanded the Severe fires may also kill individual SCI natural ignition sources, and number of locations where live fire and paintbrush plants, but plants are likely adaptations of specific indigenous demolition training can take place in to survive and may benefit from low- plants. The history of fire on the island 2008 (USFWS 2008, pp. 21–37). intensity fires (UWFSW 2020e, pp. 23– prior to 1979 is largely unknown, but However, while the number of acres that 24). SCI larkspur does not appear to be fires were set intermittently during burn annually varies greatly, the significantly affected by fire, likely due ranching to increase the cover of forbs frequency and extent of fire has to its dormant period coinciding with and grasses (Navy 2009, p. 3–2; Navy decreased since the Navy began actively periods when fires are more likely 2013a, p. 3.47). After the island was managing fire and implementing the (USFWS 2020c, pp. 30–31). SCI bush- purchased by the Navy in 1934, fire Wildland Fire Management Plan (Navy mallow may be tolerant of fire. Its became a more common occurrence 2009, entire; USFWS 2020a, p. 56; continued presence in areas that have throughout much of the island. Since USFWS 2020b, pp. 53–54; USFWS burned and documentation of 1979, over 50 percent of the island has 2020c, pp. 64–65; USFWS 2020d, pp. resprouting and recovering after fires experienced at least one wildfire with 45–47; USFWS 2020e, p. 48). The indicate it is at least somewhat tolerant smaller areas on the island having biggest fire years between the time of of fires (USFWS 2020b, p. 25). All four burned up to 10 times between 1979 listing and now, in 1985 and 1994, plant species appear to have increased and 2018 (Navy 2013a, p. 3–47; Navy, burned more than twice the acreage in distribution and population size unpub. data). than the two biggest fire years in the last under the current fire pattern and fire The number and extent of fires (acres 15 years (2012 and 2017) and since management. burned) varies annually, as does fire implementation of the Wildland Fire While fires have the potential to burn severity. Currently, most fires on the Management Plan (Navy 2009, entire; most places on the island, land use, island are a result of military training USFWS 2020a, p. 56; USFWS 2020b, p. vegetation, and historical patterns and activities. Most large fires are 53–54; USFWS 2020c, pp. 64–65; indicate that fires are most likely to ignited in the Impact Areas, with the USFWS 2020d, pp. 45–46; USFWS burn in the same areas they have majority of acreage burned concentrated 2020e, p. 48). historically. Table 5 indicates the in SHOBA (Navy 2013a, pp. 3–45). Fire Severe fires can kill shrubs and number of locations of each of the plant severity data (2007 to present) indicate woody vegetation and alter the species that have burned (USFWS that most fires are classified as low vegetation community, while frequent 2020b, pp. 51–53; USFWS 2020c, pp. severity, with vegetation considered fires may not allow individuals and 61–65; USFWS 2020d, pp. 45–49; lightly burned or scorched. However, habitat to recover between fire events USFWS 2020e, pp. 47–51). The majority 15.6 percent of the acreage burned has and have the potential to exceed a of habitat that support these four plant been of a severity class that has plant’s capacity to sustain populations taxa has not burned and less than 10 detrimental effects on shrubs, by depleting seed banks and reducing percent of the occupied locations have considered moderately severe to reproductive output (Zedler et al. 1983, burned more than once in the past 20 completely burned. At low severity pp. 811–815). However, effects to years (Table 5). TABLE 5—NUMBER OF LOCATIONS AND INDIVIDUALS AFFECTED BY FIRE WITHIN THE LAST 20 YEARS Number of Percent of Number of locations locations Species Total number locations burned two burned two or Number of Watersheds of locations burned or more times more times in individuals in 20 years 20 years SCI lotus ...... 249 26 12 4.8% 855 10 SCI paintbrush ...... 601 133 47 7.8 8596 29 SCI larkspur ...... 74 5 0 0 458 2 SCI bush-mallow ...... 222 68 11 5.0 2076 4 VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23903 Given the historical patterns, most sparrow. Fires are generally of low it is unknown at this time if the same fires have burned outside locations severity and burn limited areas due to climate predictions for coastal where the four SCI plants species occur. the application of firebreaks and fire California (a warmer trend with Where plant locations have burned, suppression. To date, no fires have localized drying, higher precipitation most of those locations have burned broken out and burned the high-density events, and/or more frequent El Nin˜ o or infrequently over the last 20 years, boxthorn habitat (USFWS 2020a, p. 57). La Nin˜ a events) equally apply to the during which period the four SCI plant The Navy is expected to continue Channel Islands (Pierce 2004, p. 31). species have increased in distribution implementing its SCI Wildland Fire Low-level temperature inversions are and abundance. If fires become more Management Plan (Navy 2009), and we common along the California coast and frequent outside of the current fire expect that fires will continue to occur Channel Islands, and these inversions footprint or more severe in the future, in similar areas and at similar frequency form low cloud cover (fog), otherwise the species could be adversely affected and intensity to that observed between known as the marine layer, which has in areas that burn. However, the Navy 2010 and 2020, and affect a limited a strong influence on coastal ecosystems is expected to continue implementing number of individuals and locations of and SCI (Navy 2013a, pp. 3.13, 3.26). its SCI Wildland Fire Management Plan SC Bell’s sparrow. Although the island has a short rainy (Navy 2009), and we expect that fires season, the presence of fog during the Climate Change will continue to occur in similar areas summer months helps to reduce drought and affect a limited number of Since listing (42 FR 40682; August 11, stress for many plant species through individuals and locations of the four SCI 1977), the potential impacts of ongoing, shading and fog drip, and many species plant species. That said, we are not accelerated climate change have become are restricted to this fog belt (Halvorson concerned that fire is a threat to the a recognized threat to the flora and et al. 1988, p. 111; Fischer et al. 2009, listed plants, since they have expanded fauna of the United States p. 783). Thus, fog could help buffer their ranges significantly with the (Intergovernmental Panel on Climate species from effects of climatic change. removal of nonnative herbivores. Change (IPCC) 2007, pp. 1–52; Point However, coastal fog has been SC Bell’s sparrow—Fire can result in Reyes Bird Observatory (PRBO) decreasing in southern California in habitat loss and the direct mortality of Conservation Science 2011, pp. 1–68). recent decades, possibly due to adult SC Bell’s sparrows and nestlings Climate change is likely to result in urbanization (which would not affect (Navy 2018, p. 20). While any fire warmer and drier conditions with high SCI) or climate change (Williams et al. severity can destroy nests and nestlings, overall declines in mean seasonal 2015, p. 1527; Johnstone and Dawson low-severity fires are unlikely to precipitation but with high variability 2010, p. 4537; LaDochy and Witiw 2012, eliminate habitat altogether, as shrubs from year to year (IPCC 2007, pp. 1–18; p. 1157). Coastal cloud cover and fog are used as nesting and foraging habitat are Cayan et al. 2012, p. ii; Kalansky et al. poorly addressed in climate change typically not impacted or are able to 2018, p. 10). SCI is located in a models (Qu et al. 2014, pp. 2603–2605). recover or resprout. Most fires on SCI Mediterranean climatic regime with a Warming projections in California, have been classified as low severity, significant maritime influence. Current particularly the possibility that the which may singe or stress shrubs but models suggest that southern California interior will experience greater warming not kill or destroy them (USFWS 2020a, will likely be adversely affected by than the coast (Cayan et al. 2012, p. 7), pp. 51–57). A burned area, unless global climate change through suggest that the fate of coastal fog is experiencing a particularly severe fire, prolonged seasonal droughts and uncertain (Field et al. 1999, pp. 21–22; would still provide nesting substrate through rainfall coming at unusual Lebassi-Habtezion et al. 2011, pp. 8–11). once the shrubs have recovered. Any periods and in different amounts (Pierce One study found an increasing trend in fire can have a short-term negative 2004, p. 1–33, Cayan et al. 2005, p. 3– the strength of low-level temperature impact on SC Bell’s sparrows locally. 7, Campo Environmental Protection inversions, which suggests that the Frequent, widespread, or high-severity Agency (CEPA) 2006, p. 33; Jennings et marine layer is likely to persist and may fires could have a longer term negative al. 2018, p. iii; Kalansky et al. 2018, p. even increase (Iacobellis et al. 2010, p. impact depending on where and how 10); however, the Channel Islands are 129). Recent work examining projected they burn. A fire return-interval of 3 not well addressed in these models. changes in solar radiation and cloud years or less has been shown to Climate change models indicate an albedo (portion of solar radiation negatively impact woody shrubs on SCI increase in average temperature by 2 to reflected back to space by clouds) show (Keeley and Brennan 2015, p. 3). For 3 degrees Celsius (°C) (4 to 6 degrees projected increases in cloud albedo instance, a fire that burns a substantial Fahrenheit (°F)) (Representative during the dry season (July–September) portion of the boxthorn habitat or sage Concentration Pathway (RCP) 4.5) to 4 and decreases during the wet season brush habitat, areas with the highest to 5 °C (7 to 9 °F) (RCP 8.5) for the San (November and December, and March densities of SC Bell’s sparrow, could Diego Area of southern California by the and April) (Clemesha 2020, entire). impact a substantial portion of the SC end of the century (Jennings et al. 2018, Such a scenario could moderate the Bell’s sparrow population. The northern p. 9), with inland changes higher than effects of climate change on the Channel boxthorn strata supports almost 35 the coast (Cayan et al. 2012, p. 7). By Islands and would be expected to percent of the population (USFWS 2070, a 10 to 37 percent decrease in reduce its potential threat to island 2020a, p. 38). annual precipitation is predicted (PRBO plants, especially on the western shore’s Based on current knowledge of habitat 2011, p. 40; Jennings et al. 2018, p. iii), lower terraces, where the marine layer use, with the expansion of SC Bell’s although other models predict little to is common. Dry season low clouds and sparrows into a broader range of no change in annual precipitation (Field fog are particularly important to plant habitats, more of the subspecies’ et al. 1999, pp. 8–9; Cayan et al. 2008, growth, survival, and population distribution is within areas we expect p. S26). SCI typically receives less dynamics in arid systems through both could be impacted by fire. However, the rainfall than neighboring mainland a reduction in evapotranspiration current fire patterns and severity areas (Tierra Data Inc. 2005, p. 4). demand and potentially water indicate most fires typically start in the However, predictions of short-term and deposition (Corbin et al. 2005, p. 511; Impact Areas in SHOBA, away from the long-term climatic conditions for the Johnstone and Dawson 2010, p. 4533; highest density areas for SC Bell’s Channel Islands remain uncertain, and Oladi et al. 2017, p. 94). VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23904 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules Current trends based on term changes in climate, the (SERG 2013, pp. 61–64) and the meteorological information suggest relationship between reproductive observation of cotyledons in the field climate change is already affecting output and rainfall and the impacts of provide anecdotal evidence that the southern California through sea level droughts of varying duration and species may be reproducing more often rise, warming, and extreme events like severity on the population are unclear, by sexual recombination. As the number large storms associated with El Nin˜ o and the mechanisms driving these of individuals (stems) increases, we events (Sievanen et al. 2018, p. 7). relationships are unknown (USFWS would expect by probability alone more Climate projections, suggest more severe 2020a, pp. 58–63). Changes in genetically distinct individuals over droughts or extended dry periods on temperature or rainfall patterns have the time because as the numbers of stems coastal California via lessened low potential to affect biotic interactions, increase, the probability of cross- stratus cloud regime and hydrologic such as decoupling the timing of plant pollination is increased (Rebman 2019, effects of reduced fog delivery (Fischer phenology versus insect activity. The pers. comm.). However, we do not know et al. 2009, pp. 783–799; NOAA 2009; likely persistence of the marine layer whether and how often new genets are Sievanen et al. 2018, p. 7). While long- would be expected to help moderate the produced in the population. term effects of climate change are effects of climate change on the Channel Patches of SCI bush-mallow on SCI typically projected to have major effects Islands and would be expected to contain many clones of individuals but in the latter half of this century (Cayan reduce its potential effects to island also contain distinct genetic et al. 2012, p. 24; Clemesha 2020, entire; plants, including nesting and cover individuals, and there is at least some Kalansky et al. 2018, pp. 19–21), there substrates for SC Bell’s sparrows. increase in distribution through is increasing uncertainty with longer While we recognize that climate seedling recruitment (Munson 2019, timeframes. Although climate change is change is an important issue with pers. comm.). However, it is still likely affecting coastal and inland habitat in potential effects to listed species and that many patches, especially the small the United States (Karl et al. 2009, pp. their habitats, information is not or more isolated ones, are comprised of 13–152), the site-specific effects of available to make accurate predictions only closely related individuals that climate change on SCI are uncertain. regarding its effects to the SCI species share alleles, impeding the likelihood of We, therefore, focused on a 20- to 30- addressed in this proposed rule. successful sexual reproduction year window to evaluate changes in However, given the timeframe presented (Helenurm 1999, pp. 39–40). The climate (precipitation and temperature) in climate change studies, major apparent historical loss of genetic in the species status assessments for impacts from climate change are diversity resulting in current low these four taxa. During this time period, unlikely to occur in the next 20 to 30 genetic variation is a potential threat for we do not expect major effects of years, the period for which we are able which there is no immediate solution or climate change. Models indicate an to make reliable predictions based on amelioration. However, currently, low increase in average temperature by 1 to the available climate change data. genetic diversity does not seem to preclude the ability of the species to 2 degrees Celsius (°C) (2 to 3 degrees Reduced Genetic Diversity ° ° sustain populations over time on the Fahrenheit ( F)) (RCP 4.5) to 2 to 3 C Genetic analysis suggests that SCI (3 to 4 °F) (RCP 8.5) by 2040 for the San island; historical diversity is unknown, bush-mallow has very low genetic and it may have always been low for Diego Area of southern California variation at both the species and (Jennings et al. 2018, p. 15), with inland this species. This species has increased population levels (Helenurm 1997, p. in numbers and distribution from that changes higher than the coast (Cayan et 50; Helenurm 1999, p. 39), and has been known at the time of listing (42 FR al. 2012, p. 7). However, in the 20- to observed to have low seed production 40682; August 11, 1977) and has 30-year window, climate change may (Helenurm 1997, p. 50; Junak and sustained populations through current result in more frequent or severe fires, Wilken 1998, p. 291; Helenurm 1999, p. levels of habitat disturbance, and we heavy periods of rainfall that could lead 39). Low seed production, in expect genetic variants within and to major erosion events, or periods of combination with low genetic diversity, among patches are increasing, however drought (Kalansky et al. 2018, p. 10). As can contribute to observed low slowly. discussed in the species status recruitment in populations (Huenneke assessments, predicting impacts due to 1991, pp. 37–40; Junak and Wilken Conservation Actions and Regulatory climate change are further complicated 1998, p. 291; Helenurm 1999, pp. 39– Mechanisms by uncertainty regarding the timing of 40). A reduction in occurrence size Pursuant to the Sikes Act (16 U.S.C. increased or decreased rainfall; wetter through years of grazing may have 670 et seq.), as amended, the Navy conditions in the winter and early substantially lowered genetic variation manages land and water resources on spring can lead to more growth early in (Helenurm 2005, p. 1221), which could the island under the San Clemente the season, which can provide more fuel decrease genetic fitness and Island INRMP (Navy 2013a). The goal of for fire later. However, wetter summers compromise the species’ ability to the INRMP is to maintain long-term and falls can prevent the fuel from adjust to novel or fluctuating ecosystem health and minimize impacts drying out enough to burn (Lawson environments, survive disease or other to natural resources consistent with the 2019, pers. comm.). Therefore, making pathogens, survive stochastic events, or operational requirements of the Navy’s predictions about future fire patterns as maintain high levels of reproductive training and testing mission (Navy affected by climate change is difficult. performance (Huenneke 1991, p. 40). 2013a, p. 1–9). Specifically, the INRMP Less rainfall and warmer air However, data on the genetic variation identifies key components that: (1) temperatures could limit the range of that existed historically are lacking. Facilitate sustainable military readiness plant species, and affect habitat and In recent years, the detected numbers and foreclose no options for future prey or forage for SC Bell’s sparrow, of SCI bush-mallow have increased in requirements of the Pacific Fleet; (2) although there is no direct research on abundance, although it is unknown how Protect, maintain, and restore priority the effects of climate change on any of much of this growth can be attributed to native species to reach self-sustaining the species. While SC Bell’s sparrow’s clonal growth versus sexual levels through improved conditions of reproductive success is influenced by reproduction and new genets. terrestrial, coastal, and nearshore rainfall, and could be affected by longer Successful seed collection in 2013 ecosystems; (3) Promote ecosystem VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23905 sustainability against testing and and facilitates planning to avoid and invasive species introductions (such as training impacts; (4) Maintain the full minimize impacts of Navy training and graded areas, soil stockpiles, and suite of native species, emphasizing infrastructure projects. mowed areas) also are focal areas for endemic species. Erosion—The Navy monitors and control. High-priority invasive plants The SCI INRMP outlines appropriate evaluates soil erosion on SCI and uses are treated at locations across the island. management actions necessary to multi-year data to assess priorities for This control strategy has minimized the conserve and enhance land and water remediation (SERG 2006, entire; SERG need to treat invasive plant species resources, including: Invasive species 2015a, entire). The INRMP includes a within areas occupied by federally control island-wide including near management objective to ‘‘Conserve soil listed plants. listed and sensitive species; biosecurity resources, especially erodible soils near While many conservation measures to protocols; public outreach to promote the heads of canyons, knickpoints of limit the introduction and spread of compliance; restoration of sites that gullies, and areas threatening the nonnative plants are included in the support sensitive plants; habitat uninterrupted continuation of the INRMP (Navy 2013a, pp. 3.289–3.290), enhancement for sensitive and listed military mission or special status the recently completed Biosecurity Plan species. In addition, the Fire species, to provide drainage stability, (Navy 2016, entire) will help more Management Plan (Navy 2009) outlines native vegetation cover, and soil water effectively control the arrival of a strategy to reduce the impacts from holding capacity and protect site potentially invasive propagules. The fires, including fuel break installation to productivity, native plant cover, plan works to prevent and respond to minimize fire spread; and fire receiving waters, and access for the new introductions of nonnative species suppression inside and outside of military mission’’ (Navy 2013a, p. 3–35). and bio-invasion vectors. The Navy is SHOBA to protect endangered, Efforts are made to restore areas where currently working on an instruction that threatened, and other priority species erosion occurs, through revegetation will contain feasible, enforceable (Navy 2013a, p. 3.45; Vanderplank et al. efforts and the installation of erosion measures from the plan. Through 2019, pp. 15, 18–19; Munson 2019, pers. control materials (SERG 2016, p. 2). The implementation of this plan and the comm.). The INRMP outlines Navy incorporates erosion control ongoing island-wide nonnative plant management strategies for plant measures into all site feasibility studies control program, potential impacts from communities and sensitive species, and project design to minimize the nonnative plants are expected to be including recommended avoidance and potential to exacerbate existing erosion minimized (O’Connor 2019, pers. minimization measures that the Navy and avoid impacts to listed species. The comm.; Munson 2019, pers. comm.) may consider during the Site Approval INRMP requires that all projects include Nonnative predators—The current and Project Review Process (Navy erosion control work (Navy 2013a, p. 3– nonnative wildlife program focuses on 2013a, pp. 4–23, 4–28). The SCI INRMP 33). These conservation actions include island-wide nonnative predator also provides the mechanism for best management practices, choosing management, which was initiated by the compliance with other federal laws and sites that are capable of sustaining Navy in 1992 (USFWS 2008, p. 172). regulations such as the Federal Noxious disturbance with minimum soil erosion, Complete eradication of feral cats, black Weed Act of Act of 1974 (7 U.S.C. 2801), and stabilizing disturbed sites (Navy rats, and house mice on SCI is currently the Comprehensive Environmental 2013a, pp. 3.33–3.37). infeasible. Nonnative wildlife Response, Compensation, and Liability Nonnative species—The Navy has management focuses on control of feral Act (42 U.S.C. 9601), the Resources monitored and controlled the expansion cats throughout the island and rodent Conservation and Recovery Act (42 of highly invasive, nonnative plant control near San Clemente loggerhead U.S.C. 6901), and Soil Conservation Act species on an ongoing basis since the shrike nest sites (Meiman et al. 2013, p. (16 U.S.C. 3B). The INRMP and other 1990s (O’Connor 2019, pers. comm.), 2). This program affords some conservation measures are expected to and primary target species have protection to the SC Bell’s sparrow, remain in effect and afford protection to included Brassica tournefortii (Saharan primarily through cat removal. Rodent these five species regardless of the mustard), B. nigra (black mustard), control is conducted using traps and listing status. Measures specific to Foeniculum vulgare (fennel), bait stations around loggerhead shrike species or threats that are the subject of Asphodelus fistulosus (aspohodel), nest sites using Terad (active ingredient this proposed rule are discussed below. Stipa miliacea (smilo grass), Ehrharta cholecalciferol). The Navy has removed Migratory birds—The INRMP outlines calycina (African veldt grass), Plantago numerous cats, on average 211 annually steps to ensure compliance with coronopus (buckhorn plantain), (2001–2016; Burlingame et al. 2018, p. Executive Order (E.O.) 13186 Tragopogon porrifolius (salsify), and 29), and rodenticide was calculated to (‘‘Responsibilities of Federal Agencies Carpobrotus edulis (iceplant); additional have impacted 26,473 rodents in 2000 to Protect Migratory Birds’’; see 66 FR priority species may also be controlled (Navy 2002, pp. 4–66). The results of cat 3853, January 17, 2001) and the 2014 as they are located (e.g., SERG 2016, pp. and rat control efforts vary according to memorandum of understanding (MOU) 45–46). In general, the Navy treats over predator population cycles. between the Department of Defense 100,000 individuals of these various Fire—The Navy implements the SCI (DoD) and the Service to promote the species annually. Control of these Wildland Fire Management Plan (Navy conservation of migratory birds, which invasive plants benefits the ecosystem 2009, entire), which is focused on fire stipulates responsibilities for DoD. The on SCI by reducing their distribution prevention, fuels management, and fire MOU outlines a collaborative approach and minimizing the potential that they suppression. Implementation of the fire to promote the conservation of bird will invade habitat occupied by listed management plan provides planning populations, and the INRMP is required and at-risk taxa. Because invasive guidelines to reduce the potential for to address migratory bird conservation species introductions are more likely to ignitions during the drier times of the regardless of status under the Act. As occur along roadsides and because roads year, ensures that adequate fire part of the program outlined under the function as corridors for the spread of suppression resources are present to INRMP, the Navy supports the SC Bell’s invasive species propagules, much of protect resources, and provides sparrow population monitoring the invasive species treatment on the flexibility for the timing of military program. Population monitoring island focuses on roadsides; however, training and to ensure that adequate fire provides a robust population estimate other areas highly susceptible to suppression resources are present with VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23906 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules an increased level of training activities sparrow and its habitat under the including land use, erosion, the spread (Navy 2009, entire). These measures existing training regime. Completion of of nonnatives, fire and fire management, minimize the frequency and spread of a SC Bell’s sparrow management plan and climate change. While full impacts fires that could result in impacts to will highlight important management of invasive species on the four plant habitat and to individuals of the five areas to conserve and monitor to ensure species are unknown, the effects are species. the continued conservation of this taxon likely minimal or localized, given the SC Bell’s sparrow—Current and in the future. expansion of the species on the island ongoing conservation measures Summary of conservation actions and despite the presence of invasive species. described above minimize impacts of regulatory mechanisms—The Sikes Act Climate change may influence the plant threats to SC Bell’s sparrow. requires DoD installations to prepare species by affecting germination or Additionally, the SCI INRMP is and implement INRMPs that provide for viability of adult plants if drought or currently being updated to include the conservation and rehabilitation of increasing temperatures result in prioritization of conservation and natural resources, including non-listed significant changes in vegetation management within four core SC Bell’s species. Consequently, due to this communities on SCI. The magnitude of sparrow habitat areas (approximately requirement, the conservation actions this rangewide threat and how it may 2,604 ha; O’Connor 2019, pers. comm.). outlined in the INRMP are expected to affect the plant taxa is unknown at this These areas were selected to assure continue into the future, regardless of time, but significant impacts from representation (e.g., multiple plant the listing status of the five species. climate change are unlikely to occur in communities) and redundancy (e.g., While changes to military training are the next 20 to 30 years (USFWS 2020b, multiple areas). They include high- possible, it is expected that the training p. 57; USFWS 2020c, pp. 66–67; density SC Bell’s sparrow habitat, footprint would be similar to the USFWS 2020d, p. 51; USFWS 2020e, p. assumed source populations, refugia baseline training footprint, and that 53). spread geographically, and areas of conservation measures would continue to be implemented to meet the goals of For all four plant species, we elevation and topographic importance to considered major threats to be impacts SC Bell’s sparrow. The intent of priority the INRMP. Additionally, changes to training have and will be subject to of military training and fire. For SCI conservation areas is to facilitate future environmental review under applicable paintbrush, SCI lotus, and SCI larkspur, planning in a manner that avoids laws and regulations, including the we also considered erosion as a result of impacts to important SC Bell’s sparrow National Environmental Policy Act training or proximity to roads to be a habitat, and to protect the population (NEPA) and the Navy’s Site Approval major threat; SCI bush-mallow does not against stochastic catastrophic events and Review Process, which includes occur in areas near roads or in training (USFWS 2020a, p. 66). identifying avoidance and minimization areas where potential erosion is a Final delineation of areas and measures for plant communities and concern. We ranked the levels of these management strategies will be identified sensitive species, including measures threats in each watershed to evaluate within an SC Bell’s sparrow recommended in the SCI INRMP (Navy the extent to which the species are management plan, which is currently 2013a, pp. 4–23, 4–28). If these five exposed to and potentially affected by being prepared in coordination with the species are delisted, they would these threats (USFWS 2020b, pp. 59–60; Service (USFWS 2020a, p. 66). Although continue to be considered sensitive USFWS 2020c, pp. 69–70; USFWS the management plan is not finalized, species and any impacts would be 2020d, pp. 54–55; USFWS 2020e, pp. we anticipate completion by fall/winter evaluated through these processes 56–57). Level of threats were 2020/2021. With the identification of (O’Connor 2019, pers. comm.). categorized as none, low, or moderate. core habitat areas in the INRMP, and A low level of threats is defined as management of these areas consistent Summary of Factors Influencing threats that could potentially affect less with the management plan, we Viability than 50 percent of the locations, anticipate that the Navy will: (1) At the time of listing (42 FR 40682; individuals, or area within the Preclude significant development August 11, 1977), the biggest threat to watershed. A moderate level of threat is within these areas, to the extent feasible; the SCI species was habitat destruction defined as threats that could potentially (2) prioritize these four areas for and modification due to feral grazers. affect 50 percent or more of the protection under fire management Since the removal of the last feral locations, individuals, or area within plans; and (3) prioritize these four areas herbivores, vegetation is recovering, and the watershed. Table 6, below, indicates for invasive species control, as needed habitat conditions have improved the percentages and numbers of (USFWS 2020a, p. 66) to help manage substantially. Currently, all five species watersheds, and the estimated for the SC Bell’s sparrow. While we are now more widely distributed on the individuals in those watersheds that expect that incorporation of SC Bell’s island with greater estimated numbers were categorized as having no identified sparrow core habitat areas into the of individuals than were previously or low threats, or moderate threats. The INRMP will improve coordination of known. majority of watersheds where plant taxa conservation measures for the SC Bell’s occur are in areas with no or low sparrow, the Navy’s current and ongoing Plants exposure to threats affecting less than management described above minimizes For the plant species, we assessed half of the locations, individuals, or area the impacts of threats to SC Bell’s threats to individuals and habitat occupied. VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23907 TABLE 6—NUMBERS AND PERCENTAGES OF WATERSHEDS AND INDIVIDUALS ASSESSED TO HAVE VARYING LEVELS OF THREATS [USFWS 2020b, pp. 59–60; USFWS 2020c, pp. 69–70; USFWS 2020d, pp. 54–55; USFWS 2020e, pp. 56–57] No or low Moderate Moderate threats No or low threats threats threats Species % watersheds % individuals % watersheds % individuals (n) (n) (n) (n) SCI lotus ...... 78 (45) 90 (18,640) 22 (13) 10 (2,013) SCI paintbrush ...... 75 (65) 85 (35,702) 25 (22) 15 (6,402) SCI larkspur ...... 100 (22) 100 (18,956) 0 (0) 0 (0) SCI bush-mallow ...... 73 (11) 60 (3,345) 27 (4) 40 (2,266) SC Bell’s Sparrow of the island, and those areas that are population trends, which indicate the We assessed remaining threats to SC intensively used are currently either ability of the species to withstand and Bell’s sparrow individuals and habitat, unoccupied or already support low recover from stochastic events. including predation, drought, climate densities of SC Bell’s sparrows. The Resiliency was considered higher change, military training, and fire. largest potential known threat to the SC within watersheds supporting a greater Ongoing predator control programs are Bell’s sparrow is fire. The Navy actively number of individuals over time; implemented to control nonnative implements fire prevention and however, if all of the individuals within predator species on the island, and the containment measures as part of the fire a watershed were in just one location, population of SC Bell’s sparrow has management plan. Thus, although fire we assumed that they are less resilient grown despite ongoing impacts. Drought currently impacts SC Bell’s sparrows than a watershed with the same number could potentially affect SC Bell’s and their habitat, current fire patterns of individuals that are spread out across sparrow, as reduced nesting success has do not appear to pose a threat to SC multiple locations, as plants will be been reported in drier years, especially Bell’s sparrow population viability. more likely to sustain populations if droughts become more frequent or Species Condition through stochastic events if one severe. While the effects of drought on localized event is unable to affect all the Here, we discuss the current productivity of the island-wide plants in the entire watershed. population are not fully understood, condition of each species, taking into and additional data are needed to clarify account the risks to those populations Because few comprehensive surveys this relationship, the population has that are currently occurring, as well as have been conducted for plant species rebounded quickly from past droughts management actions that are currently on SCI, data from 2011 and 2012, which and is expected to retain its ability to do occurring to address those risks. represent the most recent comprehensive surveys, were so in the future. Likewise, climate Plants change may influence or affect supplemented with prior and vegetation and thus nesting and foraging In our evaluation of current subsequent data, following a rule set to habitat (USFWS 2020a, p. 63). The conditions, for each plant species and exclude and buffer data that might magnitude of this rangewide threat and watershed, we developed and assigned result in double counting, and to how it may affect the SC Bell’s sparrow condition categories. To assess the exclude occurrence data more than 15 is unknown at this time, but significant resiliency of plant species, we assessed years old. Because of lack of pre- and impacts from climate change are the overall condition of the population post-fire surveys, numbers of unlikely to occur in the next 20 to 30 by evaluating occupancy, locations, and individuals of SCI lotus and SCI years (USFWS 2020a, pp. 63–64). individuals within each watershed. We paintbrush (the two species most likely Future military training impacts are categorized our assessed resiliency to be negatively affected by severe fires) expected to occur in the existing scores by watershed based on number of in watersheds that burned were adjusted training footprint, and have the individuals: ‘‘very high’’ means to assume some mortality from two potential to impact a small percentage of populations with 500 or more severe fires in the last 15 years (USFWS the SC Bell’s sparrow population, based individuals; ‘‘high’’ means populations 2020d, pp. 56–57; USFWS 2020e, pp. on the estimated number of SC Bell’s with 100–499 individuals; ‘‘moderate’’ 58–60). Adjusted numbers of locations sparrows that inhabit the training means populations with 10–99 and individuals were then used to footprint. Training within the current individuals; and ‘‘low’’ means categorize resiliency in each watershed footprint that could have high-intensity populations with fewer than 10 as low, moderate, high, or very high (see impacts occurs on less than 20 percent individuals. We also examined Table 7, below). TABLE 7—NUMBER OF WATERSHEDS WITH HIGH OR VERY HIGH RESILIENCE Number of watersheds Percent of individuals with ‘‘very high’’ and that occur in watersheds Species ‘‘high’’ resilience rated with ‘‘very high’’ (occupied watersheds) and ‘‘high’’ resilience SCI paintbrush ...... 48 (87) 96 SCI lotus ...... 22 (58) 92 SCI larkspur ...... 14 (22) 93 SCI bush-mallow ...... 9 (15) 96 VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23908 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules The majority of individuals of each of conditions, and considered different any point in time and did not include the plant species occur in watersheds future scenarios for impacts of military recruitment in the modeling to avoid with high or very high resilience, which training and fire: status quo (baseline overestimating growth (i.e., apparent suggests that the majority of watersheds impacts), and moderate or high changes in abundance or distribution are likely to be able to withstand increases in fire severity and training could be accounted for by individuals stochastic events. While all four plant within the existing frequent fire and breaking dormancy rather than through species are considered to consist of one training footprint. We also considered recruitment of new individuals). As population, their distributions across these scenarios assuming moderate and noted above under Species Condition, multiple watersheds with a variety of low recruitment for the plant species, for purposes of modeling current and habitat types, elevations, and slopes also and high and low densities for SC Bell’s future conditions, the current baseline make it unlikely that the entire sparrow. While specific effects of numbers of individuals of SCI lotus and population of any of the species would climate change are uncertain and were SCI paintbrush (the two species most be affected by a catastrophic event. not modeled, increases in fire severity, likely to be negatively affected by severe Genetic variation in SCI bush-mallow is which could result from either fires) were adjusted to assume some considered to be low for an island increased training or from effects of mortality from two severe fires in the endemic, which, coupled with its clonal climate change, and low recruitment/ last 15 years (USFWS 2020d, pp. 56–57; nature, could potentially make the density serve as proxies for potential USFWS 2020e, pp. 58–60), so numbers species less able to adapt to changing effects. We used a 20- to 30-year presented here differ slightly from environmental conditions. However, timeframe for modeling future estimated current distribution and low genetic diversity does not seem to conditions because beyond this abundance. be precluding the species from timeframe, the impacts of climate To model fire severity, which could sustaining itself on the island. change on SCI, specifically the result from increased training or effects persistence of the fog belt and the of climate change, we used the frequent SC Bell’s Sparrow timing and patterns of fog and rainfall, fire footprint (burned 2 or more times) The current population (2018) is are uncertain, making predictions from the past 20 years to project where estimated at 2,676 territories (5,284 unreliable. future fires are likely to occur. To model individuals) island-wide. Overall, the increases in fire severity, we assumed Plants population of SC Bell’s sparrows on SCI greater numbers of individuals would be has increased since listing and, for at As recovery of plant communities on affected by fire and removed from the least the past 5 years, has withstood SCI continues, the number of population. Because SCI larkspur does current stochastic effects. Given these individuals within watersheds and not appear to be significantly affected by trends and the relatively large number of occupied watersheds are fire, likely due to its dormant period population size, we consider this expected to continue to increase. While coinciding with periods when fires are population to currently be highly existing data indicate that numbers and more likely, we only included increased resilient to stochastic factors. While we distribution of the plant species are training in our modeling of future consider SC Bell’s sparrow to consist of greater than in the past, the rates at conditions for that plant. a single population, its distribution which groups of plants expand over To model effects of land use and across the island and ability to use a time are unknown. Therefore, we training, we used the current footprint range of elevations and habitats indicate modeled recruitment at moderate and of training areas. Using the percent of the species’ adaptability and that it is low levels for SCI paintbrush and SCI individuals that occur either within a unlikely that the entire population of lotus. Because SCI bush-mallow training area or near a road, we the species would be affected by a single currently appears to be reproducing calculated the total number of catastrophic event. primarily clonally rather than through individuals that could be affected by sexual reproduction and exhibits low increased training in that watershed. We Future Conditions seed production, we modeled low and assumed an increasing number of To assess current threats and future no recruitment to account for this locations and individuals would be conditions, we evaluated the proportion condition. Because of SCI larkspur’s affected by increased training intensity. of each population exposed to long dormancy periods, we do not know The results are presented below in Table anthropogenic stressors under baseline how many individuals are present at 8. TABLE 8—NUMBER OF WATERSHEDS WITH HIGH AND VERY HIGH RESILIENCE, TOTAL OCCUPIED WATERSHEDS, AND NUMBER OF INDIVIDUALS UNDER CURRENT AND FUTURE SCENARIOS Total number Number of of occupied Individuals watersheds watersheds (ranges with high or (with low and represent low very high moderate and moderate resilience recruitment) recruitment) SCI paintbrush: Current ...... 48 87 42,104 Status quo ...... 48 87 (92–97) 43,489–51,773 Increased fire/training ...... 42 84 (89–94) 40,435–48,137 Extreme fire/training ...... 41 80 (85–90) 38,078–45,330 SCI lotus: Current ...... 22 57 20,743 Status quo ...... 23 57 (62–67) 21,595–25,708 Increased fire/training ...... 21 57 (62–67) 20,627–24,556 Extreme fire/training ...... 19 57 (62–67) 19,706–23,460 VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23909 TABLE 8—NUMBER OF WATERSHEDS WITH HIGH AND VERY HIGH RESILIENCE, TOTAL OCCUPIED WATERSHEDS, AND NUMBER OF INDIVIDUALS UNDER CURRENT AND FUTURE SCENARIOS—Continued Total number Number of of occupied Individuals watersheds watersheds (ranges with high or (with low and represent low very high moderate and moderate resilience recruitment) recruitment) SCI larkspur: Current ...... 14 22 18,956 Status quo ...... 14 22 18,956 Increased fire/training ...... 13 22 18,749 Extreme fire/training ...... 13 20 18,542 SCI bush-mallow: Current ...... 9 15 5,611 Status quo ...... 9 15 5,611–5,892 Increased fire/training ...... 9 15 5,200–5,461 Extreme fire/training ...... 9 15 4,131–4,337 SC Bell’s Sparrow calculated the estimated number of second scenario, we report the number territories for each stratum under two of SC Bell’s sparrows that would be We modeled the future condition of potential future scenarios: (1) A ‘‘status supported outside these areas where SC Bell’s sparrow over a 20- to 30-year quo’’ scenario in which conditions there may be increased impacts to the time frame given two different scenarios remain similar to those observed subspecies’ habitat. This provided an of future impacts from military training between 2013 and 2018 (i.e., no changes estimate of the minimum number of and fire, the two most significant in training intensity, or fire pattern or territories that could be supported current and future threats. Using both a frequency), and (2) an ‘‘increased outside of projected fires and training low and high density estimate impacts’’ scenario in which increased area impacts within each stratum. We (calculated by manipulating the lowest impacts from training and fire reduce summed the territories in each stratum and highest density estimates for each the suitability of habitat within existing for an island-wide estimate, giving a habitat stratum measured between 2013 training areas and frequent fire range from low to high densities (see and 2018 by one standard error), we footprints to some extent. For the Table 9, below). TABLE 9—NUMBER OF TERRITORIES AND NUMBER OF ADULTS OF SC BELL’S SPARROW UNDER CURRENT AND FUTURE SCENARIOS ‘‘Status Quo’’: No further Increased SC Bell’s sparrow Current impacts impacts (current (minimum habitat) habitat) Territories ...... 1,494–3,859 1,449–4,650 1,113–3,413 Number of adults ...... 2,988–7,718 2,899–9,300 2,225–6,826 Limitations and Uncertainties taxa continued to be present and that habitat within the existing fire and the four plant taxa are extant at those training footprint under the most Our models project numbers of locations last reported in 2004. We also extreme scenarios considered, all watersheds and individuals for plants generally assumed that military training species are expected to remain resilient. and numbers of territories and adults for and fire would affect the same areas Each species would continue to occupy SC Bell’s sparrow under a range of they have historically, and we made a broad distribution on the island across possible future conditions. However, several assumptions about extent of a variety of habitats under status quo there are several limitations and future impacts within the same and increased threat scenarios, so uncertainties associated with our geographic footprint. We also concluded representation and redundancy are not projections (USFWS 2020a, pp. 77–78; that the Navy will continue to manage expected to decrease significantly. USFWS 2020b, pp. 68–69; USFWS and protect habitat where these five taxa We note that, by using the SSA 2020c, pp. 77–78; USFWS 2020d, pp. occur on SCI. While there are a number framework to guide our analyses of the 69–70; USFWS 2020e, pp. 72–73). These of uncertainties and assumptions, our scientific information documented in include differences in survey projections represent the best available the SSA reports, we have not only methodologies over time and lack of scientific and commercial information analyzed individual effects on the information regarding demographic and and are useful predictions of the current species, but we have also analyzed their life-history characteristics of the and future viability of the species. potential cumulative effects. We species, which required us to make Summary of Future Conditions incorporated the cumulative effects into several assumptions in our estimates our SSA analyses when we and projections. We presumed that While all five species might characterized the current and future where surveys were not conducted since experience reductions in numbers of condition of the species. To assess the 2004, individuals from the four plant individuals or occupied watersheds or current and future conditions of the VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23910 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules species, we undertook an iterative manmade factors affecting its continued current levels of resiliency, redundancy, analysis that encompassed and existence. and representation. incorporated the threats individually In addition to threats in common to Status Throughout All of Its Range and then accumulated and evaluated the all five SCI species, small population effects of all the factors that may be After evaluating threats to the species size (Factor E) was formerly considered influencing the species, including and assessing the cumulative effect of a threat to SC Bell’s sparrow, with a low threats and conservation efforts. the threats under the section 4(a)(1) of 38 individuals reported in 1984. Because the SSA framework considers factors, we found that the primary However, the species is now more not just the presence of the factors, but threats to SC Bell’s sparrow, SCI widely distributed on the island, and to what degree they collectively paintbrush, SCI lotus, SCI larkspur, and population estimates have been influence risk to the entire species, our SCI bush-mallow identified at the time consistently over 4,000 adults since SSA assessment integrated the of and since listing have been 2013. Predation by black rats and feral cumulative effects of the factors and eliminated or reduced. At the time of cats (Factor C) was also considered a replaces a standalone cumulative effects listing (42 FR 40682; August 11, 1977), threat to SC Bell’s sparrow at the time analysis. We lack specific information habitat destruction and modification of listing. While predation on SC Bell’s on how various threats may interact, but caused by nonnative herbivores (Factor sparrow still occurs, the Navy potential cumulative effects include A) was considered to be the primary implements predator control on SCI, interactions of military training, fire, cause of decline for all five species. and predation on SC Bell’s sparrow does not appear to be limiting the population. invasive species, and climate change. Since removal of all nonnative The species is currently considered to For example, effects of climate change herbivores was completed in 1992, plant be resilient and is expected to maintain could increase the frequency or severity communities on the island are close to current levels of resiliency, of fire. Although we lack specific recovering, and habitat conditions are redundancy, and representation under a information on effects of climate improving for all species. The current range of projected future conditions. change, we assumed in our modeling of sizes and distributions of each of the Thus, after assessing the best available future conditions that increased fire species are greater than were previously information, we determine that San could result from either increased known. Currently and in the future, Clemente Bell’s sparrow is not in danger training or from climate change, or a individuals and habitat of each of the combination. We also modeled a range of extinction now or likely to become so five species may be affected by military in the foreseeable future throughout all of increased impacts of training and/or training activities (Factors A and E), fire, as well as low and moderate of its range. erosion (Factor A), invasive species No additional threats beyond those recruitment or densities, and used (Factors A and E), and fire and fire common to all five SCI species have conservative approaches to estimate management (Factors A and E). These been identified for SCI paintbrush. With resulting populations to account for the remaining threats to the species, removal of nonnative herbivores, and possibility of cumulative effects. We including fire, erosion, and invasive conservation efforts implemented by the found in our evaluation of current and species, are managed by the Navy Navy, numbers and distribution of SCI future conditions that all five species through implementation of the SCI paintbrush have increased. The SCI are likely to continue to maintain close INRMP, Fire Management Plan, Erosion paintbrush population numbered to current levels of resiliency, Control Plan for SCI, and other approximately 1,000 individuals in redundancy, and representation, despite associated management plans. 1984. The current island-wide the potential for cumulative effects. Implementation of avoidance and population is estimated at 42,104 Determinations of Species Status minimization measures and programs individuals across 87 watersheds. The outlined in these plans is expected to majority of these individuals currently Section 4 of the Act (16 U.S.C. 1533) continue regardless of the listing status occur in watersheds with high or very and its implementing regulations (50 of the five species. In addition, the Navy high resiliency. Additionally, the CFR part 424) set forth the procedures will continue to consider these five species is expected to maintain close to for determining whether a species meets species and incorporate avoidance and current levels of resiliency, redundancy, the definition of an ‘‘endangered minimization measures for land use and representation under a range of species’’ or a ‘‘threatened species.’’ The activities, including infrastructure projected future conditions. Thus, after Act defines an endangered species as a projects and military training proposals assessing the best available information, species that is ‘‘in danger of extinction as part of the Site Approval and Project we determine that San Clemente Island throughout all or a significant portion of Review process. Thus, existing paintbrush is not in danger of extinction its range,’’ and a threatened species as conservation programs and regulatory now or likely to become so in the a species that is ‘‘likely to become an mechanisms, such as the INRMP, are foreseeable future throughout all of its endangered species within the expected to continue to provide range. foreseeable future throughout all or a protections to these species, regardless No additional threats beyond those significant portion of its range.’’ The Act of listing status. Because the Channel common to all five SCI species have requires that we determine whether a Islands are not well addressed in been identified for SCI lotus. With species meets the definition of an current climate models and there is removal of nonnative herbivores, and ‘‘endangered species’’ or a ‘‘threatened uncertainty regarding how climate conservation efforts implemented by the species’’ because of any of the following change may affect habitats and species Navy, numbers and distribution of SCI factors: (A) The present or threatened on SCI, we were not able to assess its lotus have increased. While the destruction, modification, or long-term effects, but because of historical range and distribution of SCI curtailment of its habitat or range; (B) moderating effects of maritime influence lotus is not known, its distribution has overutilization for commercial, on SCI, we do not expect major impacts increased from the 6 locations noted in recreational, scientific, or educational over the next 20 to 30 years. Our 1984 (USFWS 1984, pp. 17, 35). The purposes; (C) disease or predation; (D) evaluation of current and future current island-wide population is the inadequacy of existing regulatory conditions indicates all five species are estimated at 21,251 individuals across mechanisms; or (E) other natural or likely to continue to maintain close to 58 watersheds. The majority of these VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23911 individuals currently occur in Clemente Island bush-mallow is not in management plans, there is no watersheds with high or very high danger of extinction now or likely to biologically meaningful way to break resiliency. Additionally, the species is become so in the foreseeable future the limited ranges of these species into expected to maintain close to current throughout all of its range. portions, and the threats that the species levels of resiliency, redundancy, and face affect the species throughout their Status Throughout a Significant Portion representation under a range of entire ranges. This means that no of Its Range projected future conditions. Thus, after portions of the species’ ranges have a assessing the best available information, Under the Act and our implementing different status from their rangewide we determine that San Clemente Island regulations, a species may warrant status. Therefore, no portion of the lotus is not in danger of extinction now listing if it is in danger of extinction or species’ ranges can provide a basis for or likely to become so in the foreseeable likely to become so in the foreseeable determining that the species are in future throughout all of its range. future throughout all or a significant danger of extinction now or likely to No additional threats beyond those portion of its range. Having determined become so in the foreseeable future in common to all five SCI species have that the SC Bell’s sparrow, SCI a significant portion of their ranges, and been identified for SCI larkspur. While paintbrush, SCI lotus, SCI larkspur, and we find that San Clemente Bell’s the historical range and distribution of SCI bush-mallow are not in danger of sparrow, San Clemente Island SCI larkspur is not known, its extinction or likely to become so in the paintbrush, San Clemente Island lotus, distribution has increased from the 6 to foreseeable future throughout all of their San Clemente Island larkspur, and San 7 locations noted in 1984 (USFWS 1984, ranges, we now consider whether any of Clemente Island bush-mallow are not in pp. 17, 35). The current island-wide these species may be in danger of danger of extinction now or likely to population is estimated at 18,956 extinction or likely to become so in the become so in the foreseeable future in individuals within 22 watersheds. The foreseeable future in a significant any significant portion of their ranges. majority of these individuals currently portion of its range—that is, whether This is consistent with the courts’ occur in watersheds with high or very there is any portion of the species’ range holdings in Desert Survivors v. high resiliency. Additionally, the for which it is true that both (1) the Department of the Interior, No. 16–cv– species is expected to maintain close to portion is significant, and (2) the species 01165–JCS, 2018 WL 4053447 (N.D. Cal. current levels of resiliency, redundancy, is in danger of extinction now or likely Aug. 24, 2018), and Center for Biological and representation under a range of to become so in the foreseeable future in Diversity v. Jewell, 248 F. Supp. 3d, 946, projected future conditions. Fire that portion. Depending on the case, it 959 (D. Ariz. 2017). (Factors A and E) is thought to currently might be more efficient for us to address not significantly affect SCI larkspur, but the ‘‘significance’’ question or the Determination of Status changes in timing, frequency, or severity ‘‘status’’ question first. We can choose to Our review of the best available of fire could potentially negatively affect address either question first. Regardless scientific and commercial information the species. However, the Navy’s of which question we address first, if we indicates that the San Clemente Bell’s implementation of fire management is reach a negative answer with respect to sparrow, San Clemente Island expected to continue to minimize the the first question that we address, we do paintbrush, San Clemente Island lotus, risk of fire to SCI larkspur. Thus, after not need to evaluate the other question San Clemente Island larkspur, and San assessing the best available information, for that portion of the species’ range. Clemente Island bush-mallow do not we determine that San Clemente Island In undertaking this analysis for SC meet the definition of an endangered larkspur is not in danger of extinction Bell’s sparrow, SCI paintbrush, SCI species or a threatened species in now or likely to become so in the lotus, SCI larkspur, and SCI bush- accordance with sections 3(6), 3(20), foreseeable future throughout all of its mallow, we choose to address the status and 4(a)(1) of the Act. Therefore, we range. question first—we consider information propose to delist (remove) the San In addition to threats common to all pertaining to the geographic distribution Clemente Bell’s sparrow, San Clemente five SCI species, reduced genetic of both the species and the threats that Island paintbrush, San Clemente Island diversity (Factor E) has been identified the species faces to identify any lotus, San Clemente Island larkspur, and as a potential threat for SCI bush- portions of the range where the species San Clemente Island bush-mallow from mallow. However, currently, low is endangered or threatened. the Lists of Endangered and Threatened genetic diversity does not seem to be The SC Bell’s sparrow, SCI Wildlife and Plants. precluding the species’ ability to sustain paintbrush, SCI lotus, SCI larkspur, and Effects of This Proposed Rule itself on the island. With removal of SCI bush-mallow are found solely on nonnative herbivores, and conservation San Clemente Island, an area of This proposal, if made final, would efforts implemented by the Navy, approximately 56 square mi (145 square revise 50 CFR 17.11(h) to remove San numbers and distribution of SCI bush- km, 36,073 acres (ac), or 14,598 hectares Clemente Bell’s sparrow mallow have increased. At the time of (ha)). Each of these species is a narrow (Artemisiospiza belli clementeae), listing, SCI bush-mallow was only endemic that functions as a single, which is listed as San Clemente sage known from three locations (42 FR contiguous population. While we sparrow (Amphispiza belli clementeae), 40682; August 11, 1977). The current divided each of the species’ ranges into from the Federal List of Endangered and island-wide population is estimated at analysis units in order to quantify Threatened Wildlife, and would revise 5,611 individuals across 15 watersheds. threats and analyze resiliency, these 50 CFR 17.12(h) to remove San The majority of these individuals units are not meant to represent Clemente Island bush-mallow currently occur in watersheds with high ‘‘populations’’ in a biological sense; (Malacothamnus clementinus), San or very high resiliency. Additionally, rather, these units were designed to Clemente Island paintbrush (Castilleja the species is expected to maintain close facilitate assessing and reporting current grisea), San Clemente Island lotus, to current levels of resiliency, and future resilience. Given the species’ (Acmispon dendroideus var. traskiae), redundancy, and representation under a small ranges, and the Navy’s and San Clemente Island larkspur range of projected future conditions. management to eliminate or reduce (Delphinium variegatum ssp. kinkiense) Thus, after assessing the best available threats through implementation of the from the Federal List of Endangered and information, we determine that San SCI INRMP and other associated Threatened Plants. The prohibitions and VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 23912 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules conservation measures provided by the numbers, distribution, and threats (4) Be divided into short sections and Act, particularly through sections 7 and status, as well as ongoing management sentences; and 9, would no longer apply to these and conservation efforts that have (5) Use lists and tables wherever species. Federal agencies would no improved the status of the species since possible. longer be required to consult with the listing. The PDM plan identifies, to the If you feel that we have not met these Service under section 7 of the Act in the extent practicable and in accordance requirements, send us comments by one event that activities they authorize, with our current understanding of the of the methods listed in ADDRESSES. To fund, or carry out may affect these species’ life history, measurable better help us revise the rule, your species. There is no critical habitat thresholds and responses for detecting comments should be as specific as designated for any of these species. and reacting to significant changes in possible. For example, you should tell Post-Delisting Monitoring the species’ populations, distribution, us the numbers of the sections or and viability. If declines are detected paragraphs that are unclearly written, Section 4(g)(1) of the Act requires us equaling or exceeding these thresholds, which sections or sentences are too to monitor for not less than 5 years the the Service, in combination with the long, the sections where you feel lists or status of all species that are delisted due Navy, will investigate causes of these tables would be useful, etc. to recovery. Post-delisting monitoring declines, including considerations of refers to activities undertaken to verify habitat changes, anthropogenic impacts, National Environmental Policy Act (42 that a species delisted due to recovery stochastic events, or any other U.S.C. 4321 et seq.) remains secure from the risk of significant evidence. The result of the extinction after the protections of the We have determined that we do not investigation will be to determine if any need to prepare an environmental Act no longer apply. The primary goal of the species warrant expanded of post-delisting monitoring is to assessment or environmental impact monitoring, additional research, statement, as defined in the National monitor the species to ensure that its additional habitat protection, or status does not deteriorate, and if a Environmental Policy Act (42 U.S.C. resumption of Federal protection under 4321 et seq.), in connection with decline is detected, to take measures to the Act. halt the decline so that proposing it as determining a species’ listing status We currently appreciate any under the Endangered Species Act. We an endangered or threatened species is information on what should be included not again needed. If at any time during published a notice outlining our reasons in post-delisting monitoring strategies for this determination in the Federal the monitoring period data indicate that for these species (see Information protective status under the Act should Register on October 25, 1983 (48 FR Requested, above). Given the Navy’s 49244). be reinstated, we can initiate listing past and current stewardship efforts, procedures, including, if appropriate, management for the species has been Government-to-Government emergency listing. At the conclusion of effective to date, and it is reasonable to Relationship With Tribes the monitoring period, we will review expect that management will continue all available information to determine if In accordance with the President’s to be effective for the species and their relisting, the continuation of memorandum of April 29, 1994 habitats beyond a post-delisting monitoring, or the termination of (Government-to-Government Relations monitoring period, and well into the monitoring is appropriate. with Native American Tribal Section 4(g) of the Act explicitly future. In addition to post-delisting Governments; 59 FR 22951), Executive requires that we cooperate with the monitoring activities that would occur if Order 13175 (Consultation and States in development and this proposed rule becomes final, the Coordination with Indian Tribal implementation of post-delisting Navy anticipates continued Governments), and the Department of monitoring programs. However, we management of the species in the Interior’s manual at 512 DM 2, we remain ultimately responsible for accordance with the SCI INRMP and readily acknowledge our responsibility compliance with section 4(g) and, other management plans. Additional to communicate meaningfully with therefore, must remain actively engaged monitoring or research (beyond post- recognized Federal Tribes on a in all phases of monitoring. We also delisting monitoring requirements) may government-to-government basis. In seek active participation of other occur in the future for these and other accordance with Secretarial Order 3206 entities that are expected to assume rare endemics on SCI based on available of June 5, 1997 (American Indian Tribal responsibilities for the species’ resource levels. We will work closely Rights, Federal-Tribal Trust conservation after delisting, in this case, with the Navy to ensure post-delisting Responsibilities, and the Endangered the Navy, an integral partner and the monitoring is conducted if these species Species Act), we readily acknowledge sole owner and manager of San are delisted and to ensure future our responsibilities to work directly Clemente Island. management strategies are implemented with Tribes in developing programs for We are currently coordinating with (as warranted) to benefit these species. healthy ecosystems, to acknowledge that the Navy to develop and implement Required Determinations Tribal lands are not subject to the same effective post-delisting monitoring controls as Federal public lands, to (PDM) for the SC Bell’s sparrow, SCI Clarity of the Rule remain sensitive to Indian culture, and lotus, SCI paintbrush, SCI larkspur, and We are required by Executive Orders to make information available to Tribes. SCI bush-mallow. The Draft Post- 12866 and 12988 and by the There are no Tribal lands associated Delisting Monitoring Plan for Five San Presidential Memorandum of June 1, with this proposed rule. Clemente Island Species (USFWS 2020f, 1998, to write all rules in plain References Cited entire) is available at http:// language. This means that each rule we www.regulations.gov under Docket No. publish must: A complete list of references cited in FWS–R8–ES–2020–0074. The PDM plan (1) Be logically organized; this rulemaking is available on the builds upon current monitoring (2) Use the active voice to address internet at http://www.regulations.gov techniques and research, as well as readers directly; and upon request from the Carlsbad emerging technology and techniques. (3) Use clear language rather than Fish and Wildlife Office (see FOR Monitoring will assess the species’ jargon; FURTHER INFORMATION CONTACT). VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\05MYP1.SGM 05MYP1 Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Proposed Rules 23913 Authors 50 of the Code of Federal Regulations, § 17.12 [Amended] as set forth below: The primary authors of this proposed ■ 3. Amend § 17.12(h) by removing the rule are the staff members of the Fish PART 17—ENDANGERED AND entries for ‘‘Acmispon dendroideus var. and Wildlife Service’s Species THREATENED WILDLIFE AND PLANTS traskiae’’, ‘‘Castilleja grisea’’, Assessment Team and the Carlsbad Fish ‘‘Delphinium variegatum ssp. and Wildlife Office. ■ 1. The authority citation for part 17 kinkiense’’, and ‘‘Malacothamnus clementinus’’ under FLOWERING List of Subjects in 50 CFR Part 17 continues to read as follows: Authority: 16 U.S.C. 1361–1407; 1531– PLANTS from the List of Endangered Endangered and threatened species, 1544; and 4201–4245, unless otherwise and Threatened Plants. Exports, Imports, Reporting and noted. recordkeeping requirements, Martha Williams, Transportation. § 17.11 [Amended] Principal Deputy Director, Exercising the ■ 2. Amend § 17.11(h) by removing the Delegated Authority of the Director, U.S. Fish Proposed Regulation Promulgation entry for ‘‘Sparrow, San Clemente sage’’ and Wildlife Service. Accordingly, we propose to amend under BIRDS from the List of [FR Doc. 2021–08581 Filed 5–4–21; 8:45 am] part 17, subchapter B of chapter I, title Endangered and Threatened Wildlife. BILLING CODE 4333–15–P VerDate Sep<11>2014 16:56 May 04, 2021 Jkt 253001 PO 00000 Frm 00039 Fmt 4702 Sfmt 9990 E:\FR\FM\05MYP1.SGM 05MYP1