Vol. 78 Monday, No. 23 February 4, 2013

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Removing the Island Night Lizard From the Federal List of Endangered and Threatened Wildlife; Proposed Rule

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DEPARTMENT OF THE INTERIOR comments as a separate document, our Purpose of the Regulatory Action. preferred file format is Microsoft Word. Under the Endangered Species Act of Fish and Wildlife Service If you attach multiple comments (such 1973, we may be petitioned to list, as form letters), our preferred format is delist, or reclassify a species. In 2004, 50 CFR Part 17 a spreadsheet in Microsoft Excel. we received a petition from the Navy [Docket No. FWS–R8–ES–2012–0099; (2) By hard copy: Submit by U.S. mail asserting that each of the three island FXES11130900000–134–FF09E32000] or hand-delivery to: Public Comments occurrences of island night lizard Processing, Attn: FWS–R8–ES–2012– qualifies for recognition as a DPS under RIN 1018–AY44 0099; Division of Policy and Directives the DPS Policy (61 FR 4722; February 7, 1996) and requesting that we delist the Endangered and Threatened Wildlife Management; U.S. Fish and Wildlife San Clemente and San Nicolas Island and Plants; Removing the Island Night Service; 4401 N. Fairfax Drive, MS 2042–PDM; Arlington, VA 22203. DPSs (Navy 2004, p. 12). In 2006, we Lizard From the Federal List of published a 90-day finding (71 FR Endangered and Threatened Wildlife We request that you send comments only by the methods described above. 48900) concluding that the Navy’s AGENCY: Fish and Wildlife Service, We will post all comments on http:// petition provided substantial Interior. www.regulations.gov. This generally information supporting that delisting ACTION: Proposed rule; 12-month means that we will post any personal may be warranted and we thus petition finding; notice of document information you provide us (see Public announced the initiation of a status availability. Comments below for more information). review for this species, which is summarized in this document. Document availability: A copy of the SUMMARY: We, the U.S. Fish and Basis for the Regulatory Action. draft post-delisting monitoring plan can Wildlife Service (Service), propose to Under the Act, a species may be be viewed at http://ecos.fws.gov/ remove the island night lizard (Xantusia determined to be an endangered species speciesProfile/profile/ riversiana) from the Federal List of or threatened species based on any of speciesProfile.action?spcode=C01M. Endangered and Threatened Wildlife. five factors: (A) The present or This action is based on a review of the FOR FURTHER INFORMATION CONTACT: Jim threatened destruction, modification, or best available scientific and commercial Bartel, Field Supervisor, Carlsbad Fish curtailment of its habitat or range; (B) information, which indicates that the and Wildlife Office, 6010 Hidden Valley overutilization for commercial, species no longer meets the definition of Road, Suite 101, Carlsbad, CA 92011; recreational, scientific, or educational endangered species or threatened telephone 760–431–9440; facsimile (fax) purposes; (C) disease or predation; (D) species under the Endangered Species 760–431–5901. If you use a the inadequacy of existing regulatory Act of 1973, as amended (Act). This telecommunications device for the deaf mechanisms; or (E) other natural or proposed rule, if made final, would (TDD), call the Federal Information manmade factors affecting its continued remove the island night lizard as a Relay Service (FIRS) at 800–877–8339. existence. We must consider the same factors in delisting a species. We may threatened species from the List of SUPPLEMENTARY INFORMATION: Endangered and Threatened Wildlife. delist a species if the best scientific and This document also constitutes our 12- Executive Summary commercial data indicate the species is neither threatened nor endangered for month finding on a petition to remove This document contains: (1) A 12- the island night lizard from the Federal one or more of the following reasons: (1) month finding in response to a petition The species is extinct; (2) the species List of Endangered and Threatened to delist the San Clemente and San Wildlife. has recovered and is no longer Nicolas Island distinct population threatened or endangered; or (3) the DATES: We will accept comments segments (DPSs); (2) a proposed rule to original scientific data used at the time received or postmarked on or before remove the island night lizard from the the species was classified were in error. April 5, 2013. We must receive requests Federal List of Endangered and Threats to the island night lizard at for public hearings, in writing, at the Threatened Wildlife; and (3) a notice of the time of listing included destruction address shown in the FOR FURTHER availability of a draft post-delisting of habitat by feral goats and pigs, INFORMATION CONTACT section by March monitoring plan. predation, and the introduction of 21, 2013. Species addressed. The island night nonnatives throughout the species ADDRESSES: You may submit comments lizard (Xantusia riversiana) is endemic range. We reviewed all available by one of the following methods: to three Channel Islands (San Clemente, scientific and commercial information (1) Electronically: Go to the Federal San Nicolas, and Santa Barbara) located pertaining to the five threat factors in eRulemaking Portal: http:// off the southern California coast and a our status review of the island night www.regulations.gov. In the Enter small islet (Sutil Island) located just lizard. The results of our status review Keyword or ID box, enter FWS–R8–ES– southwest of Santa Barbara Island. are summarized below. 2012–0099, which is the docket number Habitat restoration and reduced adverse • We consider the island night lizard for this rulemaking. On the search human-related impacts since listing to be ‘‘recovered’’ because all results page, under the Comment Period have resulted in significant substantial threats to the lizard have heading in the menu on the left side of improvements to habitat quality and been ameliorated. your screen, check the box next to quantity. As a result, threats to the • All remaining potential threats to ‘‘Open’’ to locate this document. Please island night lizard have been largely the species and its habitat, with the ensure you have found the correct ameliorated. Though population exception of climate change, are document before submitting your densities were not known at the time of currently managed through comments. If your comments will fit in listing, the island night lizard implementation of management plans. the provided comment box, please use populations are currently estimated at • While we recognize that results this feature of http:// 21.3 million lizards on San Clemente from climate change such as rising air www.regulations.gov, as it is most Island, 15,300 lizards on San Nicolas temperatures, lower rainfall amounts, compatible with our comment review Island, and 17,600 lizards on Santa and rising sea level are important issues procedures. If you attach your Barbara Island (including Sutil Island). with potential effects to the island night

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lizard and its habitat, the best available (3) New information concerning the date of this Federal Register information does not indicate that population size or trends of this species. publication. Send your request to the potential changes in temperature, (4) New information on the address shown in FOR FURTHER precipitation patterns, and rising sea restoration of Lycium californicum INFORMATION CONTACT. We will schedule levels would significantly impact the (California boxthorn), which contain the public hearings on this proposal, if any island night lizard or its habitat. We highest recorded densities of island are requested, and announce the dates, expect that the lizard’s susceptibility to night lizards throughout their range. times, and places of those hearings, as climate change is somewhat reduced by (5) New information on the current or well as how to obtain reasonable its ability to use varying habitat types planned activities in the subject areas accommodations, in the Federal and by its broad generalist diet; that may adversely affect or benefit the Register and local newspapers at least therefore, we do not consider climate species. 15 days before the hearing. (6) New information and data on the change to be a substantial threat to the Peer Review species at this time. projected and reasonably likely impacts • We find that delisting the island to island night lizard or its habitat In accordance with our joint policy on night lizard is warranted and we associated with climate change. peer review published in the Federal (7) Information regarding how best to propose to remove this taxon from the Register on July 1, 1994 (50 FR 34270), conduct post-delisting monitoring Federal List of Endangered and we will seek the expert opinions of at (PDM), should the proposed delisting Threatened Wildlife. least three appropriate and independent lead to a final delisting rule (see Post- specialists regarding this proposed rule • We have also prepared a draft post- Delisting Monitoring Plan Overview and the draft PDM Plan. The purpose of delisting monitoring plan to monitor the section below, which briefly outlines peer review is to ensure that decisions island night lizard after delisting to the goals of the draft PDM Plan that is are based on scientifically sound data, verify that the species remains secure. available for public comment assumptions, and analyses. A peer Acronyms Used concurrent with publication of this review panel will conduct an proposed rule). Such information might We use several acronyms throughout assessment of the proposed rule and include suggestions regarding the draft draft PDM Plan, and the specific the preamble to this proposed rule. To objectives, and monitoring procedures assist the reader, we set them forth here: assumptions and conclusions regarding for establishing population and habitat the proposed delisting. This assessment BMP = best management practices baselines, or for detecting variations will be completed during the public CHIS = Channel Islands National Park from those baselines over the course of comment period. DPS = Distinct Population Segment at least 9 years. We will consider all comments and FMP = Fire Management Plan You may submit your comments and information we receive during the GHG = greenhouse gas materials concerning this proposed rule INLMA = Island Night Lizard Management comment period on this proposed rule Area (and associated draft PDM Plan) by one as we prepare the final determination. INRMP = Integrated Natural Resources of the methods listed in ADDRESSES. We Accordingly, the final decision may Management Plan will not accept comments sent by email differ from this proposal. IPCC = Intergovernmental Panel on Climate or fax or to an address not listed in Change ADDRESSES. If you submit a comment via Background MSRP = Montrose Settlements Restoration http://www.regulations.gov, we will Section 4(b)(3)(B) of the Endangered Program post your entire comment—including Species Act of 1973, as amended (Act; Navy = United States Department of the Navy your personal identifying information— 16 U.S.C. 1531 et seq.), requires that, for NEPA = National Environmental Policy Act on http://www.regulations.gov. If your any petition to revise the Federal Lists NHRP = Native Habitat Restoration Program NPS = National Park Service written comments provide personal of Endangered and Threatened Wildlife OMB = Office of Management and Budget identifying information, you may and Plants that contains substantial PDM = post-delisting monitoring request at the top of your document that scientific or commercial information PRBO = Point Reyes Bird Observatory we withhold this information from that listing or reclassifying the species Service = United States Fish and Wildlife public review. However, we cannot may be warranted, we make a finding Service guarantee that we will be able to do so. within 12 months of the date of receipt SHOBA = Shore Bombardment Area We will post all hardcopy comments on of the petition. In this finding, we will SPR = Significant Portion of the Range http://www.regulations.gov. Please determine whether the petitioned action Public Comments include sufficient information with your is: (a) Not warranted, (b) warranted, or comment to allow us to verify any (c) warranted, but the immediate We intend any final action resulting scientific or commercial data you proposal of a regulation implementing from this proposal to be based on the submit. the petitioned action is precluded by best scientific and commercial data Comments and materials we receive, other pending proposals to determine available, and be as accurate and as as well as supporting documentation we whether species are endangered or effective as possible. Therefore, we used in preparing this proposed rule, threatened, and expeditious progress is request comments or information from will be available for public inspection being made to add or remove qualified other governmental agencies, tribes, the on http://www.regulations.gov, or by species from the Federal Lists of scientific community, industry, or other appointment during normal business Endangered and Threatened Wildlife interested parties concerning this hours at the Carlsbad Fish and Wildlife and Plants. We must publish these 12- proposed rule. We particularly seek Office (see FOR FURTHER INFORMATION month findings in the Federal Register. comments concerning: CONTACT section). (1) Reasons why we should or should Previous Federal Actions not delist the island night lizard under Public Hearings The island night lizard was proposed the Act. Section 4(b)(5) of the Act provides for as a threatened species under the Act on (2) New biological or other relevant one or more public hearings on this June 1, 1976 (41 FR 22073) based on data concerning any threat (or lack proposal, if requested. We must receive threats from habitat degradation from thereof) to this species. your request within 45 days after the grazing by introduced animals on all

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three islands and from ‘‘habitat 2006 (71 FR 48900), we published in the current management of potential threats alterations caused by farming, fire, Federal Register a 90-day finding for to the species and its habitat (Service grazing by introduced animals, and both the 1997 and 2004 petitions to 2012a, p. 44). As we are adopting this invasion by exotic plants’’ on San delist the island night lizard. In our 90- recommendation in this finding, we do Nicolas and Santa Barbara Islands. A day finding, we determined the 1997 not further address here the DPS status final rule listing the island night lizard petition from the National Wilderness of the three island populations. as a threatened species was published in Institute did not provide substantial Species Information the Federal Register on August 11, 1977 information indicating that delisting the (42 FR 40682). We finalized a Recovery island night lizard due to data error was The island night lizard occurs on Plan for the Endangered and Threatened warranted, which concluded our review three of the Channel Islands off the Species of the California Channel of that petition. However, we coast of California: San Clemente Island, Islands (Recovery Plan) in January 1984, determined the 2004 petition from the San Nicolas Island, and Santa Barbara which addressed the island night lizard Navy provided substantial information Island. It also occurs on a small islet, and six other federally listed species indicating the petitioned actions of Sutil Island, just southwest of Santa occurring on San Clemente, San delisting the San Clemente and San Barbara Island. The majority of Nicolas, and Santa Barbara Islands Nicolas Island populations may be information on island night lizard (including Sutil Island) off the coast of warranted and initiated a 12-month biology and life history comes from southern California (Service 1984). status review, which is represented by studies conducted on San Clemente Subsequently, we initiated notice of this proposed delisting rule. Island, with some additional studies reviews and requested public comments In September 2006, we completed a 5- and information from San Nicolas and concerning the status of the island night year review of the island night lizard Santa Barbara islands. The information lizard under 4(c)(2) of the Act on (Service 2006, pp. 24–26). In that on island night lizards on Sutil Island September 27, 1982 (47 FR 42387), July review, we conducted a preliminary is limited to the two occasions it was 7, 1987 (52 FR 25523), and November 6, DPS analysis of the island night lizard documented there. 1991 (56 FR 56882). None of those populations on San Clemente, San Description reviews resulted in a recommendation Nicolas, and Santa Barbara Islands and to change the status of the species; no concluded that the lizards on each Island night lizard adults average 2.6 summaries were published. island may qualify as DPSs under the to 4.3 inches (in) (65 to 109 millimeters In 1997, the National Wilderness Service’s policy because they may each (mm)) in length from snout to vent Institute submitted a petition to delist meet the discreteness and significance (Goldberg and Bezy 1974, p. 356; Fellers the island night lizard on the basis of criteria. Additionally, the 2006 5-year and Drost 1991, p. 28; Mautz 1993, p. data error (National Wilderness Institute review recommended revising the 422). Dorsal coloration ranges from pale 1997). In a letter to the National listing of the island night lizard by ash gray and beige to shades of brown Wilderness Institute dated June 29, 1998 designating each island as a DPS. That and shades of black with varying (Service 1998), we indicated that due to review also recommended classifying uniform, mottled, and striped patterns the low priority assigned to delisting the San Nicolas and Santa Barbara (Bezy et al. 1980, p. 575; Fellers and activities in our 1997 Fiscal Year Listing Island DPSs as threatened. Lastly, the 5- Drost 1991, pp. 42–44). Both coloration Priority Guidance, we were not able to year review concluded that the San and patterning are highly variable act on the petition at that time. Clemente Island DPS had recovered due among lizards on all islands throughout In 2004, the Navy submitted a petition to the amelioration of threats and their range (Bezy et al. 1980, p. 575; asserting that the island night lizard recommended delisting of this DPS Fellers and Drost 1991, pp. 43–44). populations on San Clemente, San (Service 2006, p. 26). However, we Biology and Life History Nicolas, and Santa Barbara Islands each stated that we would continue to seek qualify as DPSs (Navy 2004). The additional information and refine our The island night lizard is a slow- petition stated that the island night preliminary DPS analysis in the context growing, late-maturing, and long-lived lizard populations meet the discreteness of the 12-month finding on the Navy’s lizard (Goldberg and Bezy 1974, pp. and significance criteria of the Service’s petition to delist the San Clemente and 355–358; Fellers and Drost 1991, pp. and National Marine Fisheries Service’s San Nicolas populations of the island 36–42). Island night lizards can live on Joint Policy Regarding the Recognition night lizard (Service 2006, p. 5). We average 11 to 13 years, with some of Distinct Vertebrate Population published a notice in the Federal individuals estimated to be 30 years of Segments under the Act (DPS Policy) Register on February 14, 2007 (72 FR age (Fellers and Drost 1991, p. 38; (61 FR 4722, February 7, 1996). The 7064), announcing the availability of Mautz 1993, p. 420; Fellers et al. 1998, petition sought the delisting of the San completed 5-year reviews, including the p. 25). Clemente and San Nicolas Island island night lizard 5-year review. A Members of the genus Xantusia are distinct population segments of island copy of the 2006 5-year review for the primarily active during the day (Bezy night lizard. island night lizard is available on the 1988, p. 8); however, they are highly On July 7, 2005 (70 FR 39327), we Service’s Environmental Conservation sedentary and tend to remain under announced the initiation of a 5-year Online System [http://ecos.fws.gov/ shelter such as dense vegetation or rocks review of the island night lizard and docs/five_year_review/doc776.pdf]. (Fellers and Drost 1991, pp. 50, 55; requested that interested parties submit Most recently, we published a notice Mautz 1993, p. 419). Sheltered areas information regarding the species’ of initiation of 5-year reviews in the provide suitable cover to protect the status. We published a second notice in Federal Register on May 21, 2010 (75 species from predation and allow the Federal Register on November 3, FR 28636), initiating a further status sufficient amounts of sunlight to 2005 (70 FR 66842), extending the review for the island night lizard. We penetrate to the ground, providing a request for information concerning the completed this review for the lizard on range of temperatures for thermal island night lizard. No information October 5, 2012. The 2012 review regulation (regulation of body regarding the status of the island night recommended delisting the lizard temperature) (Mautz 2001a, pp. 9–12). lizard was received in response to either throughout its entire range due to the Island night lizards are viviparous information request. On August 22, amelioration of substantial threats and (bear live young) and reach sexual

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maturity at approximately 3 to 4 years specimens, plant material constituted at km) northwest of San Clemente Island of age (Goldberg and Bezy 1974, p. 355; least 50 percent of the total food (Fellers et al. 1998, p. 5). Santa Barbara Fellers and Drost 1991, p. 40). Breeding identified in the stomach contents Island is the smallest and northernmost begins around March or April and single (Knowlton 1949, p. 46). A more detailed island inhabited by the lizard, broods of young are born around analysis of numerous species of consisting of approximately 640 ac (259 September (Goldberg and Bezy 1974, p. Xantusia, including specimens of the ha), and is located approximately 38 mi 353). Females demonstrate irregular island night lizard from San Clemente, (61 km) from the mainland of southern intervals between reproductive cycles, San Nicolas, and Santa Barbara Islands, California (Fellers and Drost 1991, pp. 5, but appear to approach a biennial cycle was conducted by Brattstrom (1952, p. 29) and 28 mi (45 km) northeast of San (approximately half of sexually mature 3). Based on samples of the stomach and Nicolas Island. females reproduce in any given year) intestinal contents, Brattstrom (1952, p. Sutil Island is an islet located (Goldberg and Bezy 1974, p. 358). The 172) determined that the island night approximately 0.4 mi (0.65 km) island night lizard is unique within the lizard eats the widest variety of foods of southwest of Santa Barbara Island and genus Xantusia for having a brood size any of the species of the Genus Xantusia consisting of approximately 13.7 ac (5.5 greater than two (Fellers and Drost 1991, included in the research. Although all ha). At the time of listing (42 FR 40682), p. 59); however, brood size differs age groups will eat both plant and island night lizards were not known to among each of the islands where the animal material, younger lizards occur on Sutil Island. Since listing, we species occurs, with females on San consume a greater amount of animal are aware of only two occasions where Nicolas Island averaging 5.3 young per prey in their diet than older lizards island night lizards were documented brood and females on both San (Fellers and Drost 1991, p. 56). Plant on Sutil Island and, currently, little Clemente and Santa Barbara Islands material found in the stomach or fecal information concerning the species on averaging 3.9 young per brood (Fellers samples of island night lizards included Sutil Island exists. and Drost 1991, p. 60). Mesembryanthemum crystallinum Different surveys and descriptions of Based on multiple years of surveys on (crystalline iceplant); the fruits, flowers, the vegetation types on San Clemente, San Clemente Island, neonate (young of and leaves of Lycium californicum San Nicolas, and Santa Barbara Islands the year) island night lizards on average (California boxthorn); and the fruits of have referred to the habitat supporting comprise about 25 percent of the Atriplex semibaccata (Australian island night lizards under various population (Mautz 1993, p. 422), but saltbush) (Fellers and Drost 1991, pp. names and descriptions. Two vegetation this percentage may be lower during 55–56). types identified by Sawyer et al. (2009) periods of drought. Between August support most of the known dominant 2003 and July 2004, only 1.65 in (42 Distribution and Habitat plant taxa associated with the lizard. mm) of rain fell on San Clemente Island The island night lizard is endemic to The two vegetation types are Coast (Mautz 2005, p. 5). Surveys conducted three Channel Islands (San Clemente, prickly pear scrub and Lycium in 2004 during the first part of the San Nicolas, and Santa Barbara) located californicum Provisional Shrubland birthing season (early September) off the southern California coast Alliance. In Coast prickly pear scrub, revealed neonate lizards comprised only (Goldberg and Bezy 1974, pp. 355–358; cacti such as Opuntia littoralis (coastal 14 of the 199 lizards captured Fellers and Drost 1991, p. 28) and a prickly pear), Opuntia oricola (chaparral (approximately 7 percent) (Mautz 2005, small islet (Sutil Island) located just prickly pear), and Cylindropuntia p. 5). In contrast, surveys conducted in southwest of Santa Barbara Island (Bezy prolifera (coast cholla) are dominant or October 2006 following a very rainy et al. 1980, p. 579). San Clemente Island codominant among the shrub canopy winter on San Clemente Island (9.65 in and San Nicolas Island are managed by (Sawyer et al. 2009, pp. 599–601). (245 mm) of rainfall) revealed 45 of the the Navy, while Santa Barbara Island Lycium californicum Provisional 127 lizards (35 percent of those and Sutil Island are owned and Shrubland Alliance is characterized by captured) were yearlings (in the first managed by the National Park Service. the prevalence of L. californicum year of life) (Mautz 2007, p. 4). Had the San Clemente, San Nicolas, and Santa (Sawyer et al. 2009, p. 588). 2006 survey taken place in early Barbara Islands vary in size and the Cylindropuntia prolifera is referred to September, the yearlings would have amount of suitable habitat available for by its older Latin name, Opuntia been counted as neonates. The the island night lizard (see Table 1 prolifera, in numerous references cited significant difference in the percentage below at the end of the ‘‘Population in this document (for example, Fellers of neonates or yearlings between dry Density and Abundance’’ section, which and Drost 1991, pp. 34, 68; Mautz and wet years may be representative of highlights the lizard’s estimated 2001a, p. 17; Navy 2002, p. 3.54). While the species’ reproductive response to population size for each island in the Service recognizes that C. prolifera annual variations in rainfall and food relation to each island’s size and the is the currently accepted name of this abundance. available habitat present). San Clemente species and is used in discussions that Island night lizards are omnivorous, Island is the largest and southernmost of reference current literature in this with a diet primarily consisting of the Channel Islands occupied by the document (for example, Sawyer et al. insects and plant matter (Knowlton lizard, consisting of approximately 2009 and NPS in litt. 2011b), we will 1949, p. 45; Brattstrom 1952, pp. 168– 37,200 acres (ac) (15,054 hectares (ha)), use the older name of O. prolifera only 171; Mautz 1993, p. 417). Analyses of and is located approximately 68 miles when referencing previous literature. stomach and digestive tract contents of (mi) (109 kilometers (km)) west of San Vegetation now classified as Coast 24 lizards collected from San Clemente Diego, California, and 55 mi (89 km) prickly pear scrub includes Island in 1948 revealed an omnivorous south of Long Beach, California (Navy communities variously referred to as diet consisting of insects (including 2002, p. 1.1). San Nicolas Island is the Maritime Succulent Scrub and Maritime species of Hemiptera, Coleoptera, second largest and westernmost of the Desert Scrub in several references cited Lepidoptera, Diptera, and three Channel Islands inhabited by the within this document (Fellers and Drost Hymenoptera); grass, sedge, seeds, and lizard, consisting of approximately 1991, pp. 34, 68; Mautz 2001a, p. 17; fruits; lizard skin; and the remains of 14,230 ac (5,698 ha), and is located Navy 2002, p. 3.54). Lycium what appeared to be juvenile mice approximately 28 mi (45 km) southwest californicum Provisional Shrubland (Knowlton 1949, p. 45). In 15 of the 24 of Santa Barbara Island and 50 mi (80 Alliance (Sawyer et al. 2009, p. 588) is

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a vegetative community in which L. which may have been in place for a amount of high-quality habitat on San californicum is a dominant or decade or more, provided an Nicolas Island has varied over time. codominant species and taxa such as opportunity for researchers to assess Based on these various surveys and Coreopsis gigantea (giant coreopsis), longevity of the species because some methodologies, little high-quality Bergerocactus emoryi (golden-spined specific lizards were recorded (captured habitat is known to exist on San Nicolas cereus), and C. prolifera are present. and recaptured) over long intervals of Island. Site specific vegetation transects This is also referred to as Maritime time (Fellers et al. 1998, p. 7). completed in 1996 failed to locate Succulent Scrub, Maritime Desert Underlying soils may also indicate Lycium californicum and only once Scrub, or boxthorn habitat by numerous whether an area supports lizards. located Opuntia spp. (Chess et al. 1996, references included within this Extensive trapping conducted on San pp. 19–46). Fellers et al. (1998, p. 46) document (for example, Fellers and Nicolas Island determined that loose conducted an island-wide analysis of Drost 1991, pp. 34, 68; Mautz 2001a, p. sand substrates are unsuitable for the the vegetation, utilizing aerial photos 17; Navy 2002, p. 3.54). To eliminate species (Fellers et al. 1998, pp. 11–17). and on the ground surveys, and any confusion, we will refer to the Very little information exists concerning estimated 1.9 ac (0.8 ha) of high-quality vegetation types that comprise high- the vegetative communities on Sutil island night lizard habitat and about 161 quality habitat and supports high island Island. ac (65 ha) of lower-quality mixed shrub night lizard densities as L. californicum habitat occur on San Nicolas Island. In San Clemente Island and Opuntia spp. habitats. 2003, Junak (2003, p. 7) also conducted Surveys conducted on the islands San Clemente Island supports an island-wide survey of the vegetation occupied by the island night lizard approximately 19,640 acres (ac) (7,948 utilizing helicopter flyovers, on the indicate strong habitat preferences for hectares (ha)) of high-quality island ground surveys, and Global Positioning Lycium californicum and Opuntia spp. night lizard habitat distributed System receivers and estimated that habitats (Fellers and Drost 1991, p. 34; primarily along the western marine approximately 11.2 ac (4.6 ha) of high- Schwemm 1996, pp. 3–4; Mautz 2001a, terraces (Navy 2002, p. 3.54). There are quality habitats were available on the p. 23; Mautz 2004, p. 18). These habitats approximately 13,791 ac (5,581 ha) of island. That high-quality habitat occurs are considered high quality because Opuntia spp. habitat and 5,849 ac (2,367 primarily on the eastern half of the they offer suitable cover to protect the ha) of Lycium californicum habitat island and is patchily distributed with species from predation and allow (Service 1997, p. 6; Navy 2002, p. 3.54). lower-quality habitat (Fellers et al. 1998, sufficient amounts of sunlight to From 1992 to 2008, a long-term trend pp. 13–14). The lower-quality habitat is penetrate to the ground, which provides analysis was conducted, which a mixed shrub community comprising a thermal mosaic for thermal regulation indicated no clear trend in habitats Haplopappus spp., Calystegia (Mautz 2001a, pp. 9–11, 17–18). Island dominated by Opuntia spp. or L. macrostegia (island morning-glory), night lizards are also known to occupy californicum on San Clemente Island, Coreopsis gigantea, Atriplex grasslands, Coreopsis gigantea stands, but there was an approximate 6 percent semibaccata, Deinandra clementina, mixed shrub communities, rocky reduction of L. californicum and 10 Lupinus albifrons (silver lupine), outcrops, and cobble and driftwood percent reduction of Opuntia spp. in the Baccharis pilularis (coyote brush), and habitats (Fellers and Drost 1991, p. 34; cover of those habitats on the island Artemisia spp. (Fellers et al. 1998, pp. Schwemm 1996, pp. 3–4; Mautz 2001a, (Tierra Data Inc. 2010, pp. 48–67). This 16–17). Island night lizards generally do p. 23; Mautz 2004, p. 18). Loose rocks observed decrease was likely due to not inhabit the western half of San or crevices in clay soils are also high rainfall experienced in the baseline Nicolas Island due to a lack of suitable important habitat components within years from 1991 to 1993, in comparison vegetative or rock cover. One exception island night lizard habitat (Fellers and to subsequent rainfall (Tierra Data Inc. is a 0.6-ac (0.2-ha) area of cobble and Drost 1991, p. 53; Mautz 2001a, p. 17). 2010, p. 125). driftwood habitat at Redeye Beach that Mautz (2001a, pp. 17–18) suggested Low- to moderate-quality island night is just above the intertidal zone on the that vegetation community lizard habitat consisting of Artemisia northwestern side of the island (Fellers characteristics may be as important to spp. (sagebrush), Eriogonum spp. et al. 1998, p. 11). Occupancy within island night lizard habitat as species (buckwheat), Deinandra clementina (as this habitat, which supports the highest composition. This assertion is Hemizonia clementina) (Catalina density of lizards on the island, is corroborated by Fellers et al. (1998, p. tarweed), as well as Lycium unique to San Nicolas Island (Fellers et 16), who concluded that plywood californicum and Opuntia spp., al. 1998, p. 11). debris, which serves as cover in occupies approximately 386 ac (156 ha) grasslands with scattered Haplopappus of the northeastern escarpment of San Santa Barbara Island (haplopappus) and few to no other Clemente Island (Navy 2002, p. 3.65). Habitat on Santa Barbara Island is shrub species, was a factor that Low-quality grassland habitat occupies limited due to the small size of the contributed to high densities of lizards approximately 11,831 ac (4,788 ha) on island and the extensive habitat damage at sampling sites on San Nicolas Island. the central plateau and eastern scarp of that occurred historically when goats In addition to natural cover, artificial the island (Navy 2002, p. 3.54). Lizards (Capra spp.), sheep (Ovis spp.), and cover created by human presence on on San Clemente Island have not been European rabbits (Oryctolagus San Clemente, San Nicolas, and Santa found in closed-canopy canyon or cuniculus) were present (Service 1984, Barbara Islands may also be utilized by woodland habitats, which do not allow pp. 45–46; Fellers and Drost 1991, p. island night lizards, thereby enabling sufficient amounts of sunlight to 70). Using aerial photographs of the them to persist in areas of otherwise penetrate the canopy cover for thermal island from 1983 and ground surveys, unsuitable habitat. During surveys for regulation, or active sand dunes that do Fellers and Drost (1991, p. 68) identified the species on San Clemente and San not offer sufficient cover for the species approximately 14.8 ac (6 ha) of high- Nicolas Islands, lizards were routinely (Mautz 2001a, pp. 4, 9, 18). quality habitat on Santa Barbara Island found under pieces of plywood that included Lycium californicum, discarded by U.S. Navy (Navy) San Nicolas Island Opuntia spp., and rock outcrops. Low- personnel (Fellers et al. 1998, p. 18). Due to differing survey methodologies to moderate-quality habitat on Santa The presence of these boards, some of and precision of mapping efforts, the Barbara Island also contains some

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Lycium californicum and Opuntia spp., relative to their home range size, Regression Indexes. This calculation but is dominated by Coreopsis gigantea, indicate that standardized trapping resulted in an estimate of 21.3 million Eriogonum giganteum var. compactum provides a good estimate of local lizards on the island. Evaluation of the (Santa Barbara Island buckwheat), and densities (White 1982, p. 130). habitat type where the data was Eriophyllum nevinii (silver-lace) (Fellers Therefore, trapping in suitable cover on collected was used to estimate lizard and Drost 1991, p. 70); these native San Clemente, San Nicolas, and Santa densities in high-quality habitat: 1,934 shrub communities are patchily Barbara Islands can be a good indicator lizards per 2.47 ac (1 ha) in Lycium distributed in grasslands across a of lizard density and overall abundance californicum habitat, 2,558 lizards per majority of the island (Halvorson et al. (Mautz 2001a, p. 17). 2.47 ac (1 ha) in Opuntia littoralis and 1988, p. 111). O. oricola habitat, and 1,423 lizards per San Clemente Island The National Park Service (NPS) is 2.47 ac (1 ha) in O. prolifera habitat preparing a new preliminary vegetative Surveys conducted over a 7-year (Mautz 2001a, p. 23). These high-quality analysis of Santa Barbara Island, but it period indicate that San Clemente habitats occur on the lower marine has not been finalized (NPS 2011b, in Island contains the largest population of terraces of the west side of the island litt.). Preliminary results from surveys island night lizards. From 1991 to 1998, and support approximately half of the conducted in 2010 (in a report not yet researchers calculated population estimated population (10.4 million) of finalized) by the NPS indicate an densities using data from pitfall traps, lizards (Mautz 2001a, p. 29). In the increase in high-quality habitat, where cover boards, and rock turn surveys in lower-quality habitat areas, island night Lycium californicum and Opuntia spp. high-quality island night lizard habitat lizards were estimated at 1,142 lizards are dominant or codominant among the (Mautz 2001a, pp. 17–23, 43–54). The per 2.47 ac (1 ha) in upland plateau vegetation (NPS 2011b, in litt.). Results Navy conducted similar surveys in 2009 grasslands and 926 lizards per 2.47 ac indicate that there are approximately and 2010; as of 2011 (Mautz 2011, pers. (1 ha) in scarp grassland and coastal 16.6 ac (6.7 ha) of L. californicum and comm.), those results were not yet sage (Mautz 2001a, p. 23). No lizards 9.3 ac (3.8 ha) of Opuntia oricola habitat analyzed and are not currently were found in canyon woodland and where these taxa account for greater available. active sand dunes on the island (Mautz than 39 percent of the vegetative cover Density estimates were assessed by 2001a, p. 23). Because there has not (Rodriguez 2012, pers. obs.). A analyzing capture rates and mark- been a new population estimate or preliminary analysis concerning recapture data, based on the 1991 to much change in the quantity of habitat, Cylindropuntia prolifera, another 1998 surveys, using three the Service and Navy continue to use documented habitat for the lizard, is not methodologies: (1) A minimum estimate the estimate of 21.3 million lizards. yet available. measure of the number of animals intercepted in a single sample; (2) a San Nicolas Island Sutil Island Lincoln Index; and (3) a Regression Estimates of the number of island Little is known about the habitat on Index (Mautz 2001a, pp. 21–23). The night lizards on San Nicolas Island have Sutil Island. Sutil Island consists of minimum estimate measure resulted in been assessed from a number of data approximately 13.7 ac (5.5 ha) (Rudolph a population of 8.18 million on San collection efforts. The primary study 2011, pers. obs.), much of it unbroken Clemente Island; however, Mautz conducted surveys from 1992 to 1995 bedrock, with some vegetation (2001a, pp. 20–22) indicated that this using pitfall traps, coverboards, and identified as island night lizard habitat, number represents an underestimate Sherman small mammal traps arranged such as low shrubs, Lycium because most of the lizard population is in transects through suitable habitat and californicum, and rocks and fissures, inaccessible in dense vegetation or on the edges of impenetrable habitats but these are sparsely distributed (Drost underground, and pitfall traps intercept (Fellers et al. 1998, p. 7). That study also 2011, pers. obs.). only animals active in the immediate utilized data from surveys conducted by vicinity of the trap. The Lincoln Index Tom Murphey from 1984 to 1985 Population Density and Abundance estimated that 16.71 million lizards (Fellers et al. 1998, p. 5). Lastly, Fellers At listing (42 FR 40682), island night occurred on San Clemente Island; et al. (1998, p. 71) also used grid arrays lizard population densities were not however, Mautz (2001, pp. 43–44) again conducted from 1992 to 1995, from known on any of the inhabited Channel cautioned that this method could some of the areas initially surveyed by Islands. Island night lizards appear to underestimate the number of lizards Tom Murphey. show preference for several habitat because inadequate mixing of those Fellers et al. (1998, p. 46) estimated types (Fellers and Drost 1991, p. 68; captured lizards back into the the number of lizards on San Nicolas Mautz 2001a, pp. 17–19); however, population could result in a higher island and density of lizards in different determining an overall population proportion of recaptures. The habitat types by comparing survey data estimate is difficult due to the sedentary Regression Index estimated that 25.89 from populations on Santa Barbara and reclusive behavior of the species. million lizards occurred on San Island with aerial photograph estimates The highest lizard population densities Clemente Island; however, Mautz (2001, of the habitat on San Nicolas Island. are observed in Lycium californicum p. 51) cautioned that this method could Overall, lizard abundance on San and Opuntia spp. habitats (Fellers and overestimate the number of lizards Nicolas Island was estimated at 15,300 Drost 1991, pp. 34, 68; Mautz 2001a, p. because the index requires a closed individuals (Fellers et al. 1998, p. 20). 17). Lizards are found in lower densities sampling population and the extended Island night lizard densities were throughout shrub communities, rocky period of time of sampling from 1991– estimated at 3,200 lizards per 2.47 ac (1 outcrops, grasslands, and in stands of 1998 may accommodate an increased ha) in Lycium californicum habitat, Coreopsis gigantea (Service 1984, p. 93; amount of immigration and emigration 2,500 lizards per 2.47 ac (1 ha) in Fellers and Drost 1991, p. 35; Mautz on the study plots. Opuntia spp. habitat, and 200 lizards 2001a, pp. 17–22). Mautz (2004, p. 8) Mautz (2001a, pp. 21–23) suggested per 2.47 ac (1 ha) in mixed-shrub habitat reported that a large number of lizards that a reasonable estimate of island (Fellers et al. 1998, p. 46). Island night are repeatedly recaptured in survey night lizard density on San Clemente lizards are found primarily on the traps. High recapture rates, in Island could be calculated from the eastern half of San Nicolas Island; conjunction with large survey grids average between the Lincoln and however, the island does support an

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exceptionally high density of lizards approximately 15,000 lizards density estimates as the most recent (4,000 per 2.47 ac (1 ha)) in cobble and established by Fellers et al. (1998, p. 20) estimate. The Service and NPS continue driftwood habitat found on Redeye as the current population estimate to use this estimate, because there has Beach at the northwestern end of the (Navy 2010, p. 3–43). been little change in the quantity of island (Fellers et al. 1998, pp. 11, 20). Santa Barbara Island habitat available and no additional The mixed-shrub habitat is only utilized population estimates have been by the island night lizard on San Surveys to assess island night lizard conducted. Nicholas Island and it is unknown population status were conducted on whether it supports a self-sustaining Santa Barbara Island from 1981 to 1988 Sutil Island lizard population. Through examination using pitfall traps and Sherman small Sutil Island was not known to be of aerial photographs and ground mammal traps in transects and grid occupied at the time the island night surveying efforts, Fellers et al. (1998, p. arrays depending on the island’s lizard was listed. In 1978, a survey of 46) estimated approximately 0.13 ac topography (Fellers and Drost 1991, p. (0.05 ha) of L. californicum and 1.17 ac 30). Island night lizard densities were Sutil Island was conducted and 12 (0.47 ha) of Opuntia spp. existed on San estimated at 3,213 lizards per 2.47 ac (1 lizards were identified (Wilson 1979, as Nicolas Island. ha) in Lycium californicum habitat, cited in Power 1979, p. 8.5). In 1991, Subsequent to Fellers et al. (1998), 2,476 lizards per 2.47 ac (1 ha) in Drost (2011, pers. obs.) visited the Junak (2003, p. 7) revised the estimated Opuntia spp. habitat, and 1,665 lizards island and though there was little amount of Opuntia spp. and Lycium per 2.47 ac (1 ha) in rock habitat (Fellers habitat that could be turned or searched, californicum habitats on San Nicolas and Drost 1991, p. 68). All other habitat he observed one lizard in a rock crevice. Island, and concluded there were 11.2 types or vegetative communities on the He noted that though vegetative cover ac (4.6 ha) of these habitats available on island displayed a density of zero on the island was sparse, there were the island, compared to 1.3 ac (0.52 ha) (Fellers and Drost 1991, p. 68). Based on surface cracks, fissures, and boulder previously. A new population estimates of available habitat types and cover that could provide cover. We have assessment of island night lizards on extrapolation of lizard densities within no surveys for the island night lizard on San Nicolas Island has not been those habitat types, a total of Sutil Island since 1978. Because Sutil conducted, though we anticipate that approximately 17,600 lizards were Island is within close proximity to Santa the number of lizards has increased due estimated to occur on Santa Barbara Barbara Island, has very few to no to the increase in high-quality habitat. Island in 1991 (Fellers and Drost 1991, visitors annually, and like Santa Barbara Currently, the Navy’s 2010 Integrated p. 68). A new preliminary vegetative Island is managed by the NPS, we will Natural Resources Management Plan analysis of Santa Barbara Island is being incorporate Sutil Island in the (INRMP) for San Nicolas Island drafted and until it is finalized, we will discussion of Santa Barbara Island for continues to use the population size of use Fellers and Drost (1991, p. 68) the remainder of this document.

TABLE 1—ISLAND SIZE, AMOUNT OF HABITAT, AND POPULATION SIZE OF THE ISLAND NIGHT LIZARD

Estimated Island Size Amount of high-quality habitat* population (million)

San Clemente ...... 37,200 ac (15,054 ha) ...... 19,640 ac (7,948 ha) ...... 21.3 San Nicolas** ...... 14,230 ac (5,698 ha) ...... 11.8 ac (4.8 ha) ...... 15,300 Santa Barbara ...... 640 ac (259 ha) ...... 25.9 ac (10.5 ha) ...... 17,599 * High-quality habitat (Lycium californicum and Opuntia spp.). ** Amount of habitat includes cobble and driftwood habitat unique to San Nicolas Island.

Recovery Planning and Implementation Revisions to the list (adding, on criteria that may be used to removing, or reclassifying a species) determine when recovery is achieved, Section 4(f) of the Act directs us to must reflect determinations made in they are not regulatory documents and develop and implement recovery plans accordance with sections 4(a)(1) and cannot substitute for the determinations for the conservation and survival of 4(b) of the Act. Section 4(a)(1) requires and promulgation of regulations endangered and threatened species that the Secretary determine whether a required under section 4(a)(1) of the unless we determine that such a plan species is endangered or threatened (or Act. Determinations to remove a species will not promote the conservation of the not) because of one or more of five from the List made under section 4(a)(1) species. The Act directs that, to the threat factors. Objective, measurable of the Act must be based on the best maximum extent practicable, we criteria, or recovery criteria contained in scientific and commercial data available incorporate into each plan: recovery plans, must indicate when we at the time of the determination, (1) Site-specific management actions would anticipate an analysis of the five regardless of whether that information that may be necessary to achieve the threat factors under section 4(a)(1) differs from the recovery plan. plan’s goals for conservation and would result in a determination that a In the course of implementing survival of the species; species is no longer endangered or conservation actions for a species, new (2) Objective, measurable criteria, threatened. Section 4(b) of the Act information is often gained that requires which when met would result in a requires the determination be made recovery efforts to be modified determination, in accordance with the ‘‘solely on the basis of the best scientific accordingly. There are many paths to provisions of section 4 of the Act, that and commercial data available.’’ accomplishing recovery of a species, the species be removed from the list; While recovery plans are intended to and recovery may be achieved without and provide guidance to the Service, States, all criteria being fully met. For example, (3) Estimates of the time and cost and other partners on methods of one or more recovery criteria may have required to carry out the plan. minimizing threats to listed species and been exceeded while other criteria may

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not have been accomplished, yet the recreational uses away from biologically (10) Maintain restriction of Service may judge that, overall, the sensitive areas. recreational use of Santa Barbara Island threats have been minimized (3) Restore habitats by revegetating to existing designated trails. sufficiently, and the species is robust disturbed areas using native species. (11) Establish an ecological reserve for enough, that the Service may reclassify (4) Identify areas of San Clemente regions of high density of island night the species from endangered to Island where habitat restoration and lizards on San Clemente and San threatened or perhaps delist the species. population increase of certain addressed Nicolas Islands. In other cases, recovery opportunities taxa may be achieved through a careful (12) Determine island night lizard may have been recognized that were not survey of the island and research on essential habitat, habitat requirements known at the time the recovery plan was habitat requirements of each taxon. and preferences, population size, distribution, and effects of nonnative finalized. These opportunities may be (5) Delist or upgrade the listing status plants on the species and utilize data for used instead of methods identified in of those taxa that achieve vigorous, self- development of habitat the recovery plan. sustaining population levels as the recommendations and habitat Likewise, information on the species result of habitat stabilization, may be learned that was not known at restoration. restoration, and preventing or (13) Evaluate the success of the time the recovery plan was minimizing adverse human-related finalized. The new information may management actions. impacts. (14) Increase public support for change the extent that recovery criteria (6) Monitor effectiveness of recovery need to be met for recognizing recovery recovery efforts. effort by undertaking baseline (15) Use existing laws and regulations of the species. Overall, recovery of quantitative studies and subsequent to protect the island night lizard. species is a dynamic process requiring follow-up work (Service 1984, pp. 106– Specific criteria for determining when adaptive management, planning, 107). threats have been removed or implementing, and evaluating the Our review of the Recovery Plan sufficiently minimized for the island degree of recovery of a species that may, focuses on the actions identified that night lizard are not identified in the or may not, fully follow the guidance promote the recovery of the island night Recovery Plan. However, six objectives provided in a recovery plan. lizard. The Recovery Plan adopts a are described in general to achieve Thus, while a recovery plan provides generalized strategy to eliminate or recovery of the Channel Island species. important guidance on the direction and control selected threats associated with Following are a summary of actions and strategy for recovery, and indicates nonnative species, erosion, and habitat activities that have been implemented when a rulemaking process may be disturbance. Elimination of these threats according to the 1984 Recovery Plan initiated, the determination to remove a and restoration of degraded habitat on (Service 1984, pp. 106–107), and that species from the Federal List of the Channel Islands are necessary for contribute to achieve these recovery Endangered and Threatened Wildlife is recovery of the island night lizard. The objectives. ultimately based on an analysis of Recovery Plan states that ‘‘[o]nce the Objective 1: Identify Present Adverse whether a species is no longer threats to these taxa have been removed Impacts to Biological Resources and endangered or threatened. The or minimized and the habitats are Strive To Eliminate Them following discussion provides a brief restored, adequately protected, and review of recovery planning for the properly managed, reclassification for Actions taken by the Navy and NPS island night lizard, as well as an some taxa may be considered’’ (Service to contribute to achieving this objective analysis of the recovery criteria and 1984, p. 108). Actions specified in the include: education and outreach; goals as they relate to evaluating the Recovery Plan that are pertinent to development and implementation of status of the species. recovery of the threatened island night management plans to identify, In 1984, the Service published the lizard include: minimize, and address threats; Recovery Plan for the Endangered and (1) Eliminate selected nonnative management, control, and elimination Threatened Species of the California species from San Clemente, San Nicolas, of nonnative predators, herbivores, and Channel Islands (Recovery Plan) that and Santa Barbara Islands. invasive plants; consultation and addressed three candidate species and (2) Conduct a soil survey of San coordination with the Service; and seven federally threatened or Clemente Island. control of erosion. These actions are endangered plants and animals, discussed briefly below and in greater including the island night lizard, (3) Construct check-dams to control erosion on San Clemente Island. detail in the five-factor analysis. distributed among three of the Channel The Navy has taken steps to eliminate Islands (Service 1984). Given the threats (4) Revegetate eroded and disturbed incidental impacts to the island night in common to the 10 species addressed, areas on San Clemente Island. lizard by educating all Navy personnel the Recovery Plan is broad in scope and (5) Conduct specific programs for the stationed on San Clemente and San focuses on restoration of habitats and island night lizard once management Nicolas Islands. All Navy personnel ecosystem function. The Recovery Plan recommendations are formulated to receive handouts, pamphlets, or posters included six general objectives covering enhance populations. presenting information on the all 10 of the plant and animal species: (6) Provide good-quality habitat for distribution, threats, and management (1) Identify present adverse impacts to endangered or threatened birds responsibilities of sensitive resources, biological resources and strive to (includes expanding Lycium such as federally threatened and eliminate them. californicum, which is high-quality endangered species, including the (2) Protect known resources from island night lizard habitat). island night lizard. The NPS has also further degradation by: (a) Removing (7) Modify existing management plans taken steps to eliminate incidental feral herbivores, carnivores, and to minimize habitat disturbance. impacts to the lizard by educating all selected exotic plant species; (b) (8) Implement policies to minimize visitors to Santa Barbara Island controlling unnatural erosion in habitat disturbance or loss. (including Sutil Island). Brochures sensitive locations; and (c) directing (9) Prevent the introduction of discussing the island’s unique wildlife, military operations and adverse additional nonnative taxa. including the island night lizard, as well

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as maps of designated trails that all elimination of adverse impacts fulfill a project designs to minimize the visitors must use to decrease majority of this objective with respect to potential to exacerbate existing erosion disturbance to wildlife and lessen island night lizard as stated in the (O’Connor 2009, pers. comm.). Along damage to resources, are available to all Recovery Plan. with the Navy’s planned expansion of visitors of the island at the visitors’ Since listing of the Island night lizard its military operational areas, the Navy center or online at the Channel Islands under the Act in 1977, the Navy and is developing an erosion control plan National Park’s Web site (http:// NPS have had a history of consultation that will minimize soil erosion within www.nps.gov/chis/index.htm). and coordination with the Service and adjoining the operational areas The Recovery Plan also recommends regarding the effects of various activities (Navy 2008b, pp. 5–30; Service 2008 p. that existing laws and regulations be on the island night lizard on San 62). The proposed erosion control plan used to protect candidate, threatened, Clemente, San Nicolas, and Santa and endangered species, including the Barbara Islands. includes development and application island night lizard. Based on the of best management practices (BMPs) Objective 2: Protect Known Resources occurrences of this species on federally such as: establishing setbacks and From Further Degradation by: (a) owned land, the primary laws with buffers from steep slopes, drainages, and Removing Feral Herbivores, Carnivores, potential to protect the island night sensitive resources; constructing site- and Selected Exotic Plant Species; (b) lizard include the National specific erosion control structures; Controlling Unnatural Erosion in Environmental Policy Act (NEPA), the conducting revegetation and routine Sensitive Locations; and (c) Directing Sikes Act Improvement Act, NPS maintenance; and monitoring and Military Operations and Adverse Organic Act, Federal Noxious Weed Act, adjusting the BMPs as appropriate. Recreational Uses Away From Soil Conservation and Domestic While the erosion control plan is being Biologically Sensitive Areas Allotment Act, and the Act. prepared, the Navy has postponed all NEPA requires Federal action In 1992, the Navy fulfilled a major major battalion movements and training, agencies to integrate environmental part of this objective by removing the and is using BMPs to minimize erosion values into their decision-making last of the feral goats and pigs from San when creating and approving projects Clemente Island. Currently, the Navy processes by considering the that might contribute to erosion on the has an ongoing predator control environmental impacts of their island. The Navy has taken steps to proposed actions and reasonable program to trap and remove feral cats reduce the threat of erosion on the alternatives to those actions. Since its and rats from San Clemente Island. island and contribute to the enactment in 1970, the Navy has From 2009 to 2010, the Montrose implemented NEPA for actions on San Settlements Restoration Program achievement of this objective. Clemente and San Nicolas Islands, and (MSRP) assisted the Navy by removing Through implementation of INRMPs the NPS has implemented NEPA for all feral cats from San Nicolas Island. In on San Clemente and San Nicolas actions on Santa Barbara Island 1981, the last of the European rabbits (a Islands, the Navy conducts measures to (including Sutil Island). nonnative herbivore) were removed avoid areas with highly erodible soils. Pursuant to the Sikes Act from Santa Barbara Island. These Additionally, San Clemente has a Improvement Act of 1997, the Navy actions to remove predators and nursery to grow native island plants, adopted INRMPs for San Clemente nonnative herbivores, or develop which are then used to assist in erosion Island in 2002 and San Nicolas Island removal programs for potential control of disturbed sites. San Nicolas in 2010 that help guide the management predators, have fulfilled this component Island has developed a nursery for of objective 2 in the Recovery Plan to and protection of each island’s natural similar erosion control measures. On resources (Navy 2002; Navy 2010). remove feral and nonnative animals. Santa Barbara Island, NPS requires the INRMPs incorporate to the maximum Additionally, the Navy on both San active preservation of soil resources and extent practicable, ecosystem Clemente and San Nicolas Islands, in management principles and provide the accordance with the Federal Noxious the avoidance or minimization of landscape necessary to sustain military Weed Act and through implementation impacts to soil. These actions to prevent land uses. Each INRMP includes of the Navy’s INRMPs, conducts actions erosion fulfill this component of specific management actions and to reduce or eliminate all transport of objective 2 of the Recovery Plan. objectives to address the Recovery Plan nonnative plants to each island, and has As recommended by the INRMP, the task of incorporating recovery actions facilitated programs to remove Navy established the Island Night into existing management plans (see nonnative taxa that currently occur on Lizard Management Area (INLMA), Factor D below). Through these the islands. On Santa Barbara Island, the which is avoided to the maximum mechanisms, the Navy is required to NPS implements policies and extent practicable to assist with the identify and address all threats to management activities (in accordance recovery of the island night lizard and federally listed species during the with the Organic Act) that restrict all its habitat. Additionally, through INRMP planning process. If possible, nonnative plant species from the island. implementation of INRMPs on both San threats are ameliorated, eliminated, or Additionally, in partnership with the Clemente and San Nicolas Islands, the mitigated through this procedure. The MSRP, nonnative plant removal is Navy defines and marks work areas to Navy strives to fulfill this objective currently occurring on Santa Barbara prevent lizard mortality. The NPS has through both internal planning (INRMP) Island. These actions to control designated trails on Santa Barbara and compliance with Federal law nonnative plants on all islands occupied (consultations with the Service under by the island night lizard have fulfilled Island to allow visitors to view the the Act and preparing environmental most of this component of objective 2 in island’s ecosystems without being review documents under NEPA). The the Recovery Plan to remove exotic obtrusive or destructive to the natural actions taken by the Navy under the plant species. resources. These actions to avoid INRMPs have not completely eliminated The Navy is also taking steps to biologically sensitive areas fulfill all adverse impacts, but many threats to minimize the effects of erosion on San objective 2 with respect to island night island night lizards have been greatly Clemente Island. Erosion control lizard as stated in the Recovery Plan. reduced. These contributions to the measures are being incorporated into

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Objective 3: Restore Habitats by through natural recovery and restoration monitoring efforts fulfill the objective as Revegetating Disturbed Areas Using projects, as well as the amelioration of stated in the Recovery Plan. Native Species all substantial threats to the island night On San Nicolas Island, there has been one assessment of the island night To restore the structure and function lizard, the populations on the three lizard’s population in 1998 and two of native island ecosystems, the Navy, islands appear to be stable. Remaining assessments of the vegetation associated through implementation of its INRMP threats, such as nonnative plants, land with high densities of island night on San Clemente Island, has developed use and development, fire, and erosion, are potentially of concern, but are lizards. The first vegetation assessment the Native Habitat Restoration Program was conducted in 1998 by Fellers et al. and constructed a native plant nursery actively managed through implementation of management plans (1998). A second vegetation assessment where plants, including species that was conducted in 2003 by Junak (2003, provide a benefit to island night lizard and measures described in the Navy’s INRMPs and NPS’s management p. 7), which indicated an increase in habitat, are grown from seed, and stem high-quality Opuntia spp. and L. and root cuttings, and outplanted policies and active management plans. Thus, the objective to improve the status californicum habitats from 1.9 ac (0.8 annually. Additionally, the MSRP ha) in 1998 to 11.2 ac (4.6 ha). This currently grows native plant species in of the island night lizard to the point it can be delisted has been fully met. increase was probably due to more a nursery on Santa Barbara Island to current data and better mapping support island night lizard restoration Objective 6: Monitor Effectiveness of technology. Monitoring of lizards on projects. To date, approximately 15,000 Recovery Effort by Undertaking Baseline San Nicolas Island will be conducted native plants, some providing a benefit Quantitative Studies and Subsequent every 5 years by the U.S. Geological to the island night lizard, have been Follow-Up Work Survey in connection with proposed restored to Santa Barbara Island. These habitat restoration projects (Navy 2010, actions to restore habitat by revegetation Since listing and publication of the Recovery Plan, island night lizard p. 4.55). Because this species population fulfill the objective as stated in the is strongly correlated with abundance of Recovery Plan. monitoring has been conducted on San Clemente Island, with one assessment of habitat, and we have seen an increase in Objective 4: Identify Areas of San the population estimated at available habitat, we expect island night Clemente Island Where Habitat approximately 21.3 million island night lizard populations to remain stable or Restoration and Population Increase of lizards. Although no subsequent increase in number on the island. These Certain Addressed Taxa May Be population assessments have occurred monitoring efforts fulfill the objective as Achieved Through a Careful Survey of since 2001, ongoing monitoring of stated in the Recovery Plan. On Santa Barbara Island, there has the Island and Research on Habitat individual body condition and neonate- been one assessment of the island night Requirements of Each Taxon to-juvenile ratios indicates the density lizard population and two assessments of island night lizards still strongly Since listing, research on the life of the amount of high-quality habitat corresponds to certain vegetation types. history and biology of the island night consisting of Opuntia spp. and Lycium Assessments of the extent and quality of lizard has been ongoing on San californicum. The first habitat Clemente Island. Research has those habitats have been conducted assessment was conducted from an determined the island night lizard’s more recently, as discussed below in examination of aerial photographs from distribution and density in various more detail. 1983 and indicated a total of 14.8 ac (6.0 habitats on San Clemente Island (Mautz San Clemente Island supports the ha) of L. californicum and Opuntia spp. 1993; Mautz 2001a). Additionally, the largest amount of high-quality island habitats (Fellers and Drost 1991, p. 31). Navy developed the INLMA (as part of night lizard habitat. Monitoring from However, a new preliminary draft the 2002 INRMP) to conserve the largest 1992 to 2008 has shown fluctuating assessment indicates that approximately area of high-quality habitat with the short-term trends, but no clear long-term 16.6 ac (6.7 ha) of L. californicum and highest densities of island night lizards. trend, in Opuntia spp. or Lycium 9.3 ac (3.8 ha) of O. oricola habitats exist The Navy currently avoids and californicum habitats on San Clemente in which these species comprise greater minimizes impacts to the lizard for any Island (Tierra Data Inc. 2010, pp. 48– than 39 percent of the vegetative cover projects or training activities proposed 67). However, there was an approximate (Rodriguez 2012, pers. obs.). in this area through consultation with 6 percent reduction of L. californicum Additionally, the MSRP continues to the Service. Thus, these actions and 10 percent reduction of Opuntia restore native habitat on Santa Barbara completely fulfill the objective as stated spp. in percent cover of those habitats Island, including species that provide in the Recovery Plan. on the island (Tierra Data Inc. 2010, pp. moderate-quality habitat for the island 48–67). This reduction was likely due to Objective 5: Delist or Upgrade the night lizard. Therefore, we expect the high rainfall experienced in the baseline island night lizard population to remain Listing Status of Those Taxa That years from 1991 to 1993, in comparison Achieve Vigorous, Self-Sustaining stable or increase on Santa Barbara to subsequent rainfall (Tierra Data Inc. Island. These monitoring actions fulfill Population Levels as the Result of 2010, p. 125). While research has not Habitat Stabilization, Restoration, and this objective as stated in the Recovery indicated how this reduction in cover Plan. Preventing or Minimizing Adverse affects island night lizard populations, Human-Related Impacts monitoring surveys and estimates of Summary of Recovery Plan Since listing, threats to the island island night lizard populations indicate Implementation night lizard have been largely the species remains abundant in In summary, while the Recovery Plan ameliorated, including removal of all suitable habitat. We expect continued does not include taxon-specific nonnative herbivores from San monitoring on San Clemente Island, downlisting or delisting criteria for the Clemente and Santa Barbara Islands and including that associated with ongoing island night lizard, many of the actions removal of feral cats from San Nicolas and proposed habitat restoration identified in the Recovery Plan have Island. Given that habitat types that are projects, to show island night lizard been implemented to benefit the lizard. strongly associated with island night populations remaining stable or With the exception of a few lizards appear to be increasing slowly increasing on the island. These recommended recovery actions that are

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still ongoing, nearly all recovery The five factors listed under section continuing negative effects of objectives have been fulfilled through 4(a)(1) of the Act and their analyses in overgrazing on the native vegetation, research and monitoring efforts on all relation to the island night lizard are including those plants identified as occupied islands, implementation of the presented below. This analysis of island night lizard habitat (42 FR 40682, Navy’s INRMPs on San Clemente and threats requires an evaluation of both pp. 40683–40684). The introduction of San Nicolas Islands, and NPS’s the threats currently facing the nonnative plant species was also management policies on Santa Barbara subspecies and the threats that could discussed in the listing rule (42 FR Island. Most significantly, the Navy potentially affect it in the foreseeable 40682, p. 40684), although under the removed feral goats and pigs from San future, following the delisting and the Factor E section. Since listing, and as Clemente Island in 1992. There are removal of the Act’s protections. identified in the 2006 5-year review of currently a number of programs in place The Act defines an endangered the island night lizard (Service 2006, to improve habitat suitability, prevent species as a species that is in danger of pp. 10–24), threats from nonnative introduction of nonnative species, guide extinction throughout all or a significant plants, land use or development, and and track management efforts, and portion of its range (16 U.S.C. 1532(6)). fire also were considered potential protect occurrences of the island night A threatened species is one that is likely threats to island night lizard habitat and lizard. We investigated other potential to become an endangered species in the are discussed under Factor A. The 2012 threats to the lizard and concluded that foreseeable future throughout all or a 5-year review addressed the potential they do not pose significant impacts. As significant portion of its range (16 threat of erosion to island night lizard a result of the management actions U.S.C. 1532(20)). The word ‘‘range’’ habitat or range under Factor A (Service conducted by the Navy and NPS, refers to the range in which the species 2012a, pp. 26–27), and thus it is also substantial threats have been currently exists, and the word included in this discussion. And finally, ameliorated throughout the species’ ‘‘significant’’ refers to the value of that we include discussion on potential range and the majority of objectives portion of the range being considered to impacts of climate change to habitat discussed in the Recovery Plan are the conservation of the species. The under Factor A (as well as Factor E as fulfilled. ‘‘foreseeable future’’ is the period of it relates to impacts to individuals of the Based on our review of the Recovery time over which events or effects species itself). Plan, we conclude that the status of the reasonably can or should be anticipated, island night lizard has improved due to or trends extrapolated. Nonnative Animals past and current activities being In considering what factors might At listing we determined that implemented by the Navy and NPS, and constitute threats, we must look beyond overgrazing by introduced nonnative the objectives of the Recovery Plan have the exposure of the species to a herbivores was a threat to the island been met. The effects of these activities particular factor to evaluate whether the night lizard on all occupied islands on the status of island night lizard are species may respond to the factor in a throughout the species’ range (42 FR discussed in further detail below. way that causes actual impacts to the 40682, pp. 40683–40684). Nonnative species. If there is exposure to a factor herbivores were introduced to San Summary of Factors Affecting the and the species responds negatively, the Clemente, San Nicolas, and Santa Species factor may be a threat, and during the Barbara Islands during the mid-1800s to Section 4 of the Act (16 U.S.C. 1533) status review, we attempt to determine the mid-1900s, resulting in the and its implementing regulations (50 how significant a threat it is. The threat degradation of lizard habitat (42 FR CFR part 424) set forth the procedures is significant if it drives or contributes 40682, pp. 40682–40683; Navy 2002, for adding species to, reclassifying to the risk of extinction of the species, pp. 3.34–3.35; Navy 2005, p. 7). In both species on, or removing species from the such that the species warrants listing as the 2006 and 2012 5-year reviews, the Federal List of Endangered and endangered or threatened as those terms Service reported that all nonnative Threatened Wildlife (List). We may are defined by the Act. However, the herbivores had been removed from these determine a species to be an endangered identification of factors that could islands and concluded that habitat or threatened species due to one or more impact a species negatively may not be destruction or modification from the of the five factors described in section sufficient to compel a finding that the introduction of nonnative herbivores 4(a)(1) of the Act. The five listing factors species warrants listing. The was no longer a threat to the species are: (A) The present or threatened information must include evidence now or in the future (Service 2006, pp. destruction, modification, or sufficient to suggest that the potential 11–12; Service 2012a, p. 19). curtailment of its habitat or range; (B) threat is likely to materialize and that it San Clemente Island overutilization for commercial, has the capacity (i.e., it should be of recreational, scientific, or educational sufficient magnitude and extent) to Introduced nonnative herbivores and purposes; (C) disease or predation; (D) affect the species’ status such that it omnivores have historically and the inadequacy of existing regulatory meets the definition of endangered or adversely impacted the quantity and mechanisms; and (E) other natural or threatened under the Act. quality of habitat and food sources for manmade factors affecting its continued the island night lizard on San Clemente existence. We must consider these same Factor A: The Present or Threatened Island. The last of the nonnative grazing five factors in delisting a species. We Destruction, Modification, or animals was removed from San may delist a species according to 50 Curtailment of its Habitat or Range Clemente Island by 1992; however, the CFR 424.11(d), if the best available At the time of listing (42 FR 40682), effects of overgrazing, such as depletion scientific and commercial data indicate the present or threatened destruction, of native plants, remain prominent on that the species is neither endangered modification, or curtailment of habitat the central plateau and terraces between nor threatened for the following reasons: or range was identified as a factor canyons on the southern portion of the (1) The species is extinct; (2) the species affecting the island night lizards on San island. To monitor the response of has recovered and is no longer Clemente, San Nicolas, and Santa vegetation to the removal of these endangered or threatened; or (3) the Barbara Islands. Threats attributed to nonnative grazers, the Navy original scientific data used at the time this factor included the introduction of implemented a long-term monitoring the species was classified were in error. nonnative herbivores and the program from 1992 to 2008 (Tierra Data

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Inc. 2010). The analysis from the native plant communities. The 2002 showed an increase in native monitoring program indicated a slight compounding effects of overgrazing and island night lizard plant communities of reduction in the percent cover of wind erosion allowed for the emergence Opuntia littoralis and Eriogonum Lycium californicum and Opuntia spp. of sand dunes on San Nicolas Island, giganteum, but a decline in O. prolifera habitats on San Clemente Island. This which do not provide habitat for island (Corry 2006, pp. 51–53). apparent decline is likely due to an night lizards (Dunkle 1950, p. 262; Since 2007, the MSRP has conducted overestimate in the baseline years from Schwartz 1994, p. 173). More recently, native plant restoration projects on 1991 to 1993 resulting from higher in 2011, the Navy completed a Santa Barbara Island (Harvey and rainfall, compared to a reduction in Biosecurity Plan for San Nicolas Island Barnes 2009, pp. 15–22) to benefit rainfall in subsequent years (Tierra Data to prevent the transport and Xantus’s Murrelet (Synthiliboramphus Inc. 2010, pp. 48–67). This slight establishment of nonnative vertebrate hypoleucus) and Cassin’s Auklet reduction in percent cover is not a cause species on the island (Navy 2011, p. 1) (Ptychoramphus aleuticus) (Harvey and for concern because this habitat remains (See discussion under Factor C: Disease Barnes 2009, p. 4). Many of the native well-distributed across the western or Predation below). The goal is to plants used in these restoration projects terraces of the island where there was protect the existing biodiversity on the also provide island night lizard habitat, less grazing impact and where the Navy island by preventing further degradation such as low- to moderate-quality habitat has established the INLMA. The Navy of habitat on the island from grazing (Coreopsis gigantea, Eriogonum has no intention of reintroducing large activities now and in the future. giganteum var. compactum, Deinandra nonnative herbivores to San Clemente Additionally, the Navy is in the process clementine, Eriophyllum nevinii, Island and has a ‘‘no pets policy’’ to of developing a habitat management and Artemisia nesiotica (sage), and control the introduction of any restoration program to improve the Baccharis pilularis) and high-quality nonnative species (Navy 2002, p. 3.119). abundance of native plant species on habitat (Lycium californicum) (Fellers Because the major threat to habitat the island. To assist in habitat and Drost 1991, p. 34; Fellers et al. (nonnative herbivores) has been restoration activities on San Nicolas 1998, pp. 11–12; Harvey and Barnes eliminated and the Navy has an active Island (see Land Use and Development 2009, p. 7; Mautz 2001a, p. 23; Navy habitat management and restoration section below), the Navy has created a 2005, p. 30). Since 2007, the MSRP has program, as described below, we expect plant nursery that will yield plants, restored approximately 5 ac (2 ha) of the amount and distribution of habitat including species identified as native habitat on Santa Barbara Island, to remain relatively stable in the future, components of island night lizard consisting of approximately 15,000 although some fluctuation is expected habitat for future restoration projects on native plants (Little 2011, pers. obs.). related to variable rainfall. San Nicolas Island (Ruane 2013, pers. Because the major threat to habitat To restore the structure and function comm.). (nonnative herbivores) has been of native island ecosystems impacted by We anticipate no future impacts to eliminated and the NPS has an active nonnative herbivores, the Navy island night lizard habitat as a result of habitat management and restoration implements a Native Habitat Restoration nonnative herbivores, and we expect the program, we expect the amount and Program (NHRP) on San Clemente amount and distribution of habitat to distribution of habitat to remain Island (Navy 2002, p. 3.51). As part of remain relatively stable in the future relatively stable in the future. that program, the Navy operates a native (although some fluctuation is expected Nonnative Plants plant nursery that supports habitat related to variable rainfall) because: (1) restoration projects for native species The major threat to habitat (nonnative At listing, the introduction of such as the San Clemente Island herbivores) was eliminated from San nonnative plants was noted as having loggerhead shrike (Lanius ludovicianus Nicolas Island, thus preventing further adversely impacted all California mearnsi) and island night lizard. Plants reduction of lizard habitat from this Channel Islands (42 FR 40682, p. propagated at the nursery include threat; and (2) the Navy is in the process 40684). While the introduction of species that benefit the island night of developing a habitat management and nonnative herbivores impacted much of lizard, such as Lycium californicum, restoration program. the native vegetation, nonnative plants Artemisia californica, and Coreopsis introduced to the islands have also Santa Barbara Island and Sutil Island gigantea (Navy 2002, p. 3.51). The Navy modified habitat for the island night outplants at several locations each year Island night lizard habitat on Santa lizard. In the 2006 5-year review, we to promote native species (Munson Barbara Island was modified due to the noted that nonnative plant species may 2011, pers. obs.). The Navy has also introduction of nonnative herbivores alter ecosystem dynamics by changing planted L. californicum at Wilson Cove such as European rabbits, which heavily soil nitrogen cycling, and may compete on the northeastern side of San impacted the quantity and quality of with native plants for space or other Clemente Island for restoration of areas habitat for the island night lizard. resources such as light, water, and disturbed by military activities (Munson European rabbits were removed from nutrients (Service 2006, p. 12). 2011, pers. obs.). These restoration Santa Barbara Island by 1981 (Sumner Nonnative plant species can also alter efforts implemented by the Navy have 1959, p. 5; Fellers and Drost 1991, p. 70, ecological processes such as fire improved the abundance of native p. 354; Knowlton et al. 2007, p. 535). frequency that otherwise could affect habitat on San Clemente Island and The NPS currently has a nonnative the persistence of the island night lizard have provided a benefit to multiple species prevention policy that restricts (Navy 2002, p. 3.114). Low densities of species, including the island night bringing any animal onto the island lizards observed in some of the lizard. (NPS 2012). Since the removal of nonnative plant communities suggest nonnative herbivores, Santa Barbara that modification of the native plant San Nicolas Island Island native plant communities, such communities can reduce the available Although nonnative herbivores were as Artemisia spp., Lycium californicum, resources for this taxon. The 2006 and not present on San Nicolas Island at the and others, have shown resurgence and 2012 5-year reviews of the island night time of listing (42 FR 40682), the island are increasing in extent (Fellers and lizard found that habitat destruction or has a history of grazing activities prior Drost 1991, p. 70). Research conducted modification from the introduction of to listing that resulted in impacts on on Santa Barbara Island from 1982 to nonnative plants is of potential concern,

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but due to current management and introduction of nonnative plants to San highest proportion (approximately 51 preventative actions implemented on all Clemente Island are many, including percent) of nonnative plant taxa of any occupied islands, is not a substantial human activities and seeds deposited by of the eight Channel Islands (Junak threat to the species throughout its birds. Due to the continued risk of 2008, p. 67). range now and in the future (Service nonnative plant species, the Navy Many potential pathways exist for the 2006, p. 13; Service 2012a, pp. 20–22). monitors for new introductions and introduction of nonnative plants to San when found, treats them appropriately Nicolas Island, including human San Clemente Island (Service 2008, pp. 58–59). In accordance activities and seeds deposited by birds. Nonnative plants were introduced to with the Federal Noxious Weed Act and Due to the continued risk of nonnative San Clemente Island approximately 200 as implemented through objectives set plant species being introduced to the years ago and, in combination with forth within the Navy’s INRMP, the island, the Navy monitors for nonnative periods of extended drought and Navy continues to reduce the risk of plant introductions and when found, overgrazing in the late-1800s, have introducing additional nonnative plants treats them appropriately (Service 2008, changed the composition and structure to San Clemente Island and manage the pp. 58–59). of the vegetative communities on the removal of nonnative plant taxa already In accordance with the Federal island (Navy 2002, p. 3.31). The occurring on the island (Navy 2002, p. Noxious Weed Act, and as implemented introduction of nonnative plant species 3.116). The Navy’s objectives on San through objectives set forth within the to the island has resulted in the loss of Clemente Island are as follows: Navy’s INRMP, the Navy continues to adequate shrub cover and proliferation (1) Use of only native species in reduce the risk of introducing additional of annual grasses on parts of San landscaping (Navy 2002, p. 3.116); and nonnative plants to San Nicolas Island Clemente Island (Service 1997, p. 7). (2) Wash all vehicles and equipment and manage the removal of nonnative The most noticeable changes have used in construction or training plant taxa already occurring on the occurred in the northern grasslands and activities prior to coming onto the island (Navy 2010, p. 4.75–4.76). The dune systems (Navy 2002, p. 3.31). island, including high-pressure spraying Navy’s objectives on San Nicolas Island Nonnative plant introduction can to the underside and wheel wells to are as follows: occur on San Clemente Island as a result remove mud and weed seed (Navy 2002, (1) Require vehicles and equipment to of equipment and materials transported p. 3.116). be cleaned prior to shipment to the to the island from the mainland (Service Additional nonnative plant island and between uses at different 1997, p. 7) and potentially seeds management techniques described island construction sites, document that deposited by birds. Seeds and within the INRMP include: Controlled all gravel and fill materials brought to propagules of nonnative plants adhere burns, mechanical removal, and the island are certified weed free, and to vehicles in mud or soil, and can also herbicide treatment (Navy 2002, pp. prohibit the use of nonnative plants for be brought onto the island in gravel 3.115–3.116). Although nonnative landscaping unless specifically used for road maintenance (Service plants will continue to pose a risk to approved by the Environmental 1997, p. 7). The predominant nonnative island night lizard habitat, the Navy has Division (Navy 2010, p. 4.75). plant species on San Clemente Island taken steps to curtail habitat and plant (2) Require that native plant species include Foeniculum vulagare (fennel), community alteration by nonnative be used for landscaping unless Carpobrotus spp. (iceplant), Salsola spp. plants and such steps are expected to specifically approved (Navy 2010, p. (Russian thistle), and several abundant continue into the future. 4.76). nonnative annual grasses (Service 1997, The Navy has implemented an NHRP (3) Inspect barge and aircraft before p. 7). on San Clemente Island to restore the they leave the mainland or for transport Research evaluating the percent cover structure and function of native island arriving directly from other ports or of nonnative plant species in plot ecosystems (Navy 2002, p. 3.51). To airports, inspect prior to disembarking transects on San Clemente Island was assist the NHRP, the Navy has on San Nicolas Island (Navy 20010, p. conducted from 1992 to 1996, 2000, constructed a native plant nursery 4.76). 2002, 2003, 2006, and 2008 (Tierra Data where plants are currently grown from Additionally, the Navy treats and Inc. 2010, p. 26). Although likely seed or stem and root cuttings (see monitors select nonnative species attributed to higher rainfall totals from discussion above in the Nonnative annually on San Nicolas Island, such as 1991 to 1993 compared with drought Animals section). Impacts to island Brassica tournefortii (Saharan mustard) conditions from 2002 to 2003 and in night lizard habitat from nonnative and Foeniculum vulgare (fennel) (Ruane 2006, results indicate an approximately plants may be a persistent low-level 2011, pers. obs.). We anticipate that 20 percent decrease in percent cover threat, but due to implementation of the implementation and continued efforts in among nonnative plant species, from Navy’s INRMP, current nonnative the future of the measures described baseline data collected during the 1992 species management, and native species above will remove existing nonnative to 1993 field season (Tierra Data Inc. restoration, nonnative species are not plants and reduce the rate of 2010, p. 125). currently, nor do we see them becoming introduction of these nonnatives on San Habitat destruction or modification in the future, a substantial threat to the Nicolas Island. Therefore, we do not from nonnative plants is a potential lizard on San Clemente Island. consider nonnative species to be a concern, but not currently a substantial substantial threat to the lizard now or in San Nicolas Island threat to the island night lizard due to the future. current management efforts on San The introduction of nonnative plants, Clemente Island. Although previous combined with the effect of nonnative Santa Barbara Island and Sutil Island invasions of nonnative plants probably herbivores on San Nicolas Island, has Historically, Santa Barbara Island occurred through introduction of plants limited the quantity of high-quality consisted of a native shrubland that preferred for livestock grazing, current island night lizard habitat. The most provided habitat for the island night nonnative species invasions are recent information indicates that just lizard; however, the introduction of typically introduced by equipment used over half of the 278 plant taxa on San nonnative herbivores and nonnative during military activities on the island. Nicolas Island are nonnative species, plants to the island has modified the The potential pathways for the and that San Nicolas Island has the native habitat to a more herbaceous-

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dominated habitat that is not as readily removal from Santa Barbara Island on Island (Service 2008, p. 11). Many of the used by the lizard (Halvorson et al. 4.5 ac (1.8 ha) (Harvey 2012, pers. proposed activities covered by the 1988, p. 109). The native scrub cover comm.). The NPS began drafting a consultation occur in areas already that once dominated Santa Barbara General Management Plan for the receiving sustained use by the military Island is currently inundated by a Channel Islands that will address the (Service 2008, p. 10). We estimated that nonnative annual grassland community continuing effort to monitor and restore from 2009 to 2014, approximately 2.5 throughout half of the eastern terrace of native vegetation on Santa Barbara percent of the island night lizard the island (Halvorson et al. 1988, p. Island (Faulkner 2011, pers. comm.); population on San Clemente Island 113). Transect data collected on Santa this plan is not yet completed. Due to could incidentally be harmed or killed Barbara Island from 1984 to 2002 current and future management efforts through modification of habitat indicated a reduction in percent cover described above, we do not consider resulting from these proposed activities. of some native plants (Hemizonia nonnative species a substantial threat to These adverse impacts were associated clementina and Opuntia prolifera) that the lizard on Santa Barbara Island now with increased fires, off-road assault provide low- to moderate-quality habitat or in the future. vehicle use, construction of buildings, and other military-related activities for the island night lizard (Corry and Land Use and Development McEachern 2009, p. 208). However, data (Service 2008, pp. 10, 206). However, indicate an increase in average At listing (42 FR 40682), the we concluded that this potential loss combined and percent cover for many destruction or modification of habitat would not jeopardize the continued other native plant species on the island from land use and development was not existence of the species or appreciably that provide habitat for the island night identified as a threat to the island night reduce its recovery (Service 2008, pp. lizard (Coreopsis gigantea, Baccharis lizard. The 2006 and 2012 island night 205, 209). pilularis, Eriogonum giganteum v. lizard 5-year reviews concluded that While island night lizard habitat loss compactum, Opuntia littoralis, and land use and development is not a and disturbance occur on San Clemente Lycium californicum) (U.S. Geological substantial threat to the species or its Island as a result of military land use Survey (USGS) 2001, p. 6, Appendix A; habitat on any of the three occupied and development projects such as Corry and McEachern 2009, pp. 206– islands (Service 2006, p. 18; Service training and testing activities, the 208). Recovery of low- to moderate- 2012a, pp. 22–24). impacts of these activities are of minor quality island night lizard habitat is San Clemente Island consequence given the size of the expected to occur through the natural island, the amount of suitable habitat San Clemente Island is owned and that remains for the species, the expansion of native shrub habitat into administered by the Navy and provides nonnative grasslands (USGS 2001, p. 6). distribution of the island night lizard operating facilities and support services population across the island, the size of The NPS recognizes the potential for the U.S. Pacific Fleet. Activities on the species’ population on the island, threat of nonnative plant species and is and around the island include aviation and the avoidance of areas designated taking steps to reduce the risk of new training, undersea warfare, amphibious for island night lizard management. introductions. Current NPS management warfare, special warfare, and Joint Task Therefore, we do not consider land use policy, in accordance with the NPS Force exercises (Navy 2002, pp. 2.1– and development a substantial threat to Organic Act, dictates that the NPS will 2.2). There are more than 300 buildings the island night lizard or its habitat on control detrimental nonnative species and structures on the island, including San Clemente Island now or in the for the protection of native species’ an airstrip on the far northern part of the future. habitats (NPS 2006b, p. 45). In 2007, the island. Several quarries and borrow pits MSRP began propagating a native stock are used to provide materials for road San Nicolas Island of seeds (which were previously construction and maintenance. Since 1944, San Nicolas Island has collected on Santa Barbara Island) at the Intensive training, foot traffic, and been part of the Naval Air Warfare Channel Islands National Park construction activities impact island Center Weapons Division Sea Range, greenhouse (Harvey and Barnes 2009, p. night lizards in the areas where such managed by the Naval Air Weapons 7). Species propagated at the greenhouse activities occur. However, most of the Station at China Lake, California. The included those found within low- to buildings and structures are located on island currently houses approximately moderate-quality island night lizard the far northern and far southern parts 200 Navy personnel that occasionally habitat, such as Coreopsis gigantea, of San Clemente Island, while most of conduct small-scale training exercises. Eriogonum giganteum var. compactum, the high-quality Lycium californicum The island also serves as a launch Deinandra clementina, Eriophyllum and Opuntia spp. habitats are found on platform for missile testing (Navy 2002, nevinii, Artemisia nesiotica, Baccharis the western portion of the island (Navy p. 10). Facilities on the island are used pilularis, and high-quality habitat, such 2002, pp. 2–14). The western portion of to conduct radar tracking and control, as Lycium californicum (Fellers and the island receives little training use range surveillance, telemetry, and Drost 1991, p. 34; Fellers et al. 1998, pp. because it is recognized by the Navy to communications for weapons testing 11–12; Mautz 2001a, p. 23, Navy 2005, contain high-quality lizard habitat (Navy 2005, pp. 6, 10). There are p. 30). To date, the MSRP has restored (Navy 2002, p. 3.82). The INLMA was approximately 156 buildings and approximately 5 ac (2 ha) of native created on this portion of the island to structures on San Nicolas Island, along habitat for seabirds on Santa Barbara provide a focus area for island night with 47 mi (76 km) of paved and Island (Little 2011, pers. obs.). This lizard management activities (see Factor unpaved roads (Navy 2005, p. 6.) restoration effort has outplanted D), including habitat restoration, to Additionally, a 10,000-foot (ft) (3,048- approximately 15,000 native plants to offset the effects of surface-disturbing meter (m)) concrete and asphalt runway the island, some of which as discussed construction projects (Service 2008, p. occupies a mesa on the eastern part of above, provide habitat for island night 200). the island and, in 1989, a missile testing lizards (Little 2011, pers. obs.). In 2008, the Navy initiated and pilot training impact area was Additionally, from 2007 to 2011 the consultation with the Service, pursuant established (Navy 2005, pp. 6, 19). NPS in coordination with the MSRP to section 7 of the Act, for proposed new Since listing, some permanent loss of conducted nonnative plant species training activities for San Clemente island night lizard habitat has occurred

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from the development of structures and concluded in that biological opinion Since the time of listing, we have mission-essential activities. Island night that we do not expect the effects of the identified fire as a potential impact to lizards and their habitats do not proposed project to jeopardize the island night lizard. On San Clemente generally occur in launching areas and continued existence of the island night and San Nicolas Islands, this potential thus are not likely to be affected by the lizard (Service 2011, p. 8). threat is associated with military activities that occur there (Service 2001, While island night lizard habitat loss activities and the introduction of p. 19). Of the 11 patches of high-quality and disturbance occurs on San Nicolas nonnative annual grasses, which habitat identified by Fellers et al. (1998, Island as a result of military land use increase the availability of readily p. 61), 1 is in close proximity to the and development, the impacts of these flammable fuels (Service 2006, p. 13; airstrip and 3 others are in the activities are minimal and the Navy Service 2012a, pp. 25–27). Vegetative proximity of existing structures (Navy conducts adequate management efforts communities including Lycium 2005, p. 8). On average, less than five to minimize the effects on the island californicum, Opuntia prolifera, and projects per year have potential to night lizard. Therefore, we do not Coreopsis gigantea, which support impact lizards, such that relocation of consider land use and development a moderate to high island night lizard individuals may be required into substantial threat to the island night densities, are intolerant of and not well adjacent habitat. Most of those projects lizard or its habitat on San Nicolas adapted to fire (Navy 2002, pp. 3.59– are generally small—approximately 0.01 Island now or in the future. 3.61; Sawyer et al. 2009, pp. 483, 588, ac (0.004 ha) (Smith 2009, pers. comm.). Santa Barbara Island and Sutil Island 600). However, Opuntia littoralis may Habitat is re-created in these be more tolerant of fire, though it is not circumstances by piling cut Opuntia Minimal land use activities have fire-dependent for germination (Navy spp. pads on top of boards and placing occurred on Santa Barbara Island. 2002, pp. 3.60–3.61). Where fires do Farming occurred on Santa Barbara them into the adjacent area (Smith 2009, occur, they may destroy lizard habitat Island from the mid-1800s to early pers. comm.). The wooden boards which reduces cover that assists with 1900s when portions of the east and provide temporary habitat for the lizards thermoregulation, increases exposure to west terraces were cleared for while the Opuntia spp. cuttings take predators, creates a short-term reduction agriculture; however, the farming effort root. Island night lizards have not been in prey availability, and potentially was largely unsuccessful and it appears monitored after relocations; thus, there harms individuals (Mautz 2001, p. 27; that all farming practices ceased by 1926 is no information available to determine Service 2006, p. 13). Although the (Corry 2006, p. 19). Santa Barbara Island the success of these actions. Although potential for fire exists on San is now managed as a unit of the NPS, high-quality Opuntia spp. and Lycium Clemente, San Nicolas, and Santa with land management focused on the californicum habitats are limited on San Barbara Islands, it is not considered a preservation of natural, archaeological, substantial threat. The potential for Nicolas Island, overall land use on the and aesthetic resources (NPS 2006b, pp. island is not intensive and measures are human-caused ignition on San Nicolas 44–62). A visitor center and camping Island and Santa Barbara Island is implemented consistent with the area is located in proximity to a cove INRMP to try to safely relocate island considered low due to the limited area that serves as a landing spot for amount of human activities that might night lizards that may be impacted by visitors to the island (NPS 2011a). projects. initiate a fire. In addition, all islands Public use of the island is limited to currently implement fire management As part of a consultation with the primitive camping, hiking, wildlife policies, as discussed below under each Service on the effects of a new wind observation, and other nonconsumptive island description (Service 2006, pp. energy project on San Nicolas Island, a uses (NPS 20011b). With the exception 13–15; Service 2012a, pp. 25–27). biological opinion (8–8–10–F–35) was of potential fire caused by human- completed on August 26, 2010, and related activities (see Fire discussion San Clemente Island subsequently amended (814402011–F– below), land use is not a substantial The use of San Clemente Island for 0060) on April 22, 2011. During a 4- to threat to the island night lizard or its military training and testing has led to 5-year span beginning in 2010, the Navy habitat on Santa Barbara Island due to a higher number of fires on the island will install up to 11 wind-powered active management efforts, existing than would otherwise be expected to turbines and an energy storage facility regulatory mechanisms (see discussion occur naturally as a result of lightning. on San Nicolas Island (Service 2010, p. of the Organic Act below under Factor Military activities contribute to fires that 3). The Service expects this wind energy D), and current management policies, may adversely affect listed plants and project to adversely affect the island which are expected to continue in the wildlife on San Clemente Island night lizard by increasing indirect future. (Service 2008, p. 3). The southern effects of predation by American kestrel portion of the island has the greatest (Falco sparverius) and barn owls (Tyto Fire risk due to the ship-to-shore alba), causing injury or death of At listing (42 FR 40682), fire was not bombardment that occurs in the area individual lizards by foot traffic and identified as a threat to the island night (Service 2008, pp. 56–57). Additionally, construction, and habitat loss and loss lizard or its habitat. Historically, the presence of combustible nonnative of habitat connectivity (Service 2011, ranching operations were conducted on grasses in combination with military pp. 5–7). However, the Navy will San Clemente and San Nicolas Islands, activities could increase fire frequency implement numerous measures in with vegetation periodically burned to on San Clemente Island (Navy 2002, p. accordance with management practices facilitate planting of feed crops for 3.31). stated in the INRMP to reduce the nonnative herbivores (Navy 2002, p. While fire does not appear to affect project’s effects on the island night 3.28; Navy 2005, p. 7). Fire would island night lizard habitat in the short lizard: avoidance and minimization normally be a rare occurrence on San term, an increase in fire frequency or measures (including capture and Clemente, San Nicolas, and Santa size could negatively affect lizard relocation); species monitoring; Barbara Islands, but human use and abundance over time (Mautz 2001a, pp. management of nonnative plant species; occupancy of the islands have increased 27–28). The highest-quality habitat and erosion control; and contaminant the incidence of wildfires on all three highest density of lizards occur in areas cleanup (Service 2011, p. 5). We islands to varying degrees. where fire has not occurred, or has

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occurred rarely, and the fires are small 203–204). Additionally, we concluded fact that launch sites are located outside in size (Service 1997, p. 60; Navy 2002, that the fuelbreak and suppression of high-quality island night lizard p. 3.32). This trend suggests that lizard measures outlined within the FMP habitat on the northern and western habitat and abundances are reduced would prevent a significant increase in portion of San Nicolas Island (Navy when fires occur more frequently. fire frequency where high-quality 2005, p. 8, 30). Additionally, a fire Since 1997, the Navy has habitat occurs (Service 2008, p. 204). station is located on the eastern side of implemented a number of management If intervals between fires are too short, San Nicolas Island (Navy 2005, p. 6), measures to reduce the frequency of fire can negatively impact Lycium near high-quality Lycium californicum wildfires on San Clemente Island: californicum and there is a risk of type and Opuntia spp. habitat. Few fires have prevention measures, such as conversion of the habitat or long-term occurred on San Nicolas Island (Navy scheduling operations with high loss of the shrub community (Navy 2010, p. 4.12). We have no information ignition potential outside the fire season 2009, p. 4.7). However, prescribed fires to indicate that fire has occurred, or is and electrical system improvements; may be a useful management tool to likely to occur, in the intertidal zone of containment measures, such as control nonnative grasses that degrade the unique cobble and driftwood habitat vegetation management and use of native vegetative community values inhabited by island night lizards at prophylactic fire retardants; and (Navy 2009, pp. 4.7–4.8), specifically in Redeye Beach. suppression measures, such as staging L. californicum moderate- and low- The objective of the current fire and use of suppression resources density habitat. Because a potential management strategy on San Nicolas (Service 2008, p. 51). Currently, the benefit could result from less severe Island, as implemented through the portions of the island at greatest risk of fires in L. californicum habitat, fires of Navy’s INRMP, is to protect people, fire are the impact areas associated with moderate-severity will be managed to infrastructure, and natural and cultural the ship-to-shore bombardment located less than 5 ac (2 ha) in high-density L. resources from the harmful impacts of at the southern end of the island, and californicum habitat (Navy 2009, p. 4.8). wildfire on the island (Navy 2010, p. areas containing unexploded ordnance In moderate-density L. californicum 4.14). Strategies to achieve this objective in which access for fire prevention has habitat, prescribed burns will be include: preventing wildfire ignitions; been closed (Service 2008, pp. 56–57). managed to less than 20 ac (8 ha); and providing, maintaining, and upgrading In 2008, the Navy proposed a new in low-density L. californicum habitat, fire management cooperative training expansion on San Clemente prescribed burns will be managed to agreements, memoranda of Island that could potentially increase less than 40 ac (16 ha) (Navy 2009, p. understanding, and reciprocal the occurrence of fire (Service 2008, p. 4.8). agreements to provide maximum 5). As part of the consultation with the We note that the results of this threat protection to cultural resources, natural Service on the effects of the new analysis remain consistent with our resources, and the island’s training and testing activities (Service analysis described in the 2006 and 2012 infrastructure; developing a fire 2008, pp. 2–3), the Navy completed a 5-year reviews of the island night lizard, management plan; and developing a comprehensive Fire Management Plan such that the potential of fire posing a database to track all fires, acres burned, (FMP) for San Clemente Island (Navy threat to island night lizards and their suppression tactics, and individuals 2009). The Navy’s fire management habitat on San Clemente Island exists involved in the suppression tactics focuses on military training and other (Service 2006, pp. 15; Service 2012a, p. (Navy 2010, pp. 4.14–4.15). human-related activities and facilities, 25). However, fire is not currently a In summary, few fires are known to as these activities represent the primary substantial threat to the species or its have occurred on San Nicolas Island. source of ignition on the island (Service habitat on the island nor do we think it While some wildfire risk is associated 2008, p. 3). The Navy modifies range will become so in the future due to with vegetative conditions and military and training activities in an effort to historical and current fire patterns, the activities, fire management activities prevent fire ignition, containment, and existence of an FMP for the island, the appear to be sufficiently managing those suppression (Service 2008, pp. 3–4). abundance and distribution of high- risks and are expected to do so into the The FMP implements fuel management quality island night lizard habitat, and future. Therefore, fire is not a strategies consisting of high-intensity high abundance of the species on the substantial threat to the island night fuel management buffer zones; island. lizard or its habitat now or in the future. defensible space around structures; and San Nicolas Island Santa Barbara Island and Sutil Island low-intensity landscape modification with prescribed fire that meets fuels The potential impacts of fire are a Wildfire risk on Santa Barbara Island management, resource protection, and greater concern on San Nicolas Island is less than the other two islands and is habitat restoration objectives (Navy than San Clemente Island due to the primarily related to recreational 2009, p. ES–3). The FMP concludes that limited amount of island night lizard activities. The National Park Service fire does not greatly affect island night habitat. Historical grazing from the manages visitation to Santa Barbara lizards on San Clemente Island due to introduction of nonnative herbivores Island to ensure the biological and their high numbers and wide has resulted in disturbed vegetative archaeological values of the island are distribution across the island, unless the communities that favor nonnative not diminished. Human visitation to frequency or size of the fire is so high plants, specifically nonnative grasses, Santa Barbara Island is minimal, with that it removes the necessary thermal and increase the vulnerability of these only 3,286 on-shore visitors recorded cover for long periods of time and over vegetative communities to wildfire from 2007 to 2010; of these, 2,159 large areas (Navy 2009, pp. 2.26, 2.32). (Navy 2010, p. 4.13). Missile launch and visitors stayed overnight on the island Through our consultation, we termination areas are the most likely in the primitive campground (NPS concluded that although these activities sources of potential wildfire ignitions 2011a). Although smoking is limited to may adversely affect island night lizard on San Nicolas Island (Service 2006, p. the cement area adjacent to the visitor individuals, fires are not expected to 15). Despite these conditions, few fires center and campfires are not permitted have a significant effect on the island- have occurred on San Nicolas Island on the island, historical occurrences and wide population due to the number of (Navy 2010, p. 4.12). The risk of wildfire potential sources of wildfire on Santa lizards on the island (Service 2008, pp. to island night lizards is reduced by the Barbara Island are most likely human-

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caused, such as campfires, fireworks, or through the Navy’s INRMP for San et al. (1996, p. 25) noted that the north mechanical equipment. Currently, Clemente Island, is required to prevent and south slope of San Nicolas Island Channel Islands National Park has a Fire and control erosion through surveys and may need active restoration for the Management Plan (CHIS FMP) in place implementation of conservation recovery of native plants due to soil that covers all units of the Park. The measures (Navy 2002, p. 3.22). Erosion erosion. Fellers (2009, pers. obs.) CHIS FMP calls for the suppression of control measures include locating commented that not much high-quality all wildfires within the Park and ground-disturbing activities on island night lizard habitat will be lost to utilization of Minimum Impact previously disturbed sites when unnatural erosion on San Nicolas Suppression Tactics where feasible to possible and assuring that all project Island; however, he also found that reduce impacts to natural and cultural work areas and transit routes are clearly unnaturally eroded areas on the south resources (NPS 2006a, p. 12). Although identified and marked, and by slope are lost and cannot be revegetated. no resources are available on Santa restricting vehicular activities within The Navy has incorporated erosion Barbara Island to suppress wildfires, the those areas (Navy 2002, p. 3.23). control measures into San Nicolas U.S Forest Service’s Los Padres National Additionally, as part of its consultation Island construction projects since 2000 Forest provides firefighting support, with the Service on increased training (Navy 2005, p. 42). The Navy will also including air and ground resources, and testing activities, the Navy is continue repairing roads to address and incident command, communications, developing an erosion control plan and reduce erosion (Ruane 2011, pers. and ordering (NPS 2006a, p. 10). will implement measures to prevent comm.). The objective of the current While the potential for fire exists on significant impacts to native habitat, soils conservation management strategy Santa Barbara Island, it is currently not including high-quality island night on San Nicolas Island, as implemented a substantial threat to island night lizard lizard habitat (Service 2008, p. 62). The through the Navy’s INRMP, is to habitat due to limited human presence Navy coordinated with the Service conserve soil productivity, nutrient on the island, prohibition of fire at during development of a plan, and functioning, vegetation, wildlife habitat, campgrounds, and the current CHIS submitted a draft version to the Service and water quality through effective FMP (Service 2006, p. 15; Service for review in 2012. The plan has not yet implementation of best management 2012a, p. 27), nor is it expected to be a been finalized. practices to prevent and control erosion threat in the future. Impacts from erosion on San (Navy 2010, p. 4.10). Clemente Island resulting from Erosion on San Nicolas Island was Erosion historical introduction and overgrazing exacerbated by historical land use Although erosion was not identified by nonnative herbivores have been practices and the introduction of as a threat to the island night lizard at intensified with current land use nonnative herbivores (Service 2006, p. listing (42 FR 40682), the impact from operations by the Navy. However, we do 12; Service 2012a, p. 29); residual erosion has since been identified as a not consider erosion to be a substantial effects continue to be a potential general threat to the habitats on the threat to the island night lizard or its concern due to the limited amount of, Channel Islands. Erosion caused by habitat on the island due to current and time required to reestablish, high- ongoing military activities on San management practices, including: (1) quality lizard habitat. Currently, Clemente and San Nicolas Islands Coordination with the Service to avoid moderate and high-quality island night currently affects lizard habitat; however, impacts to island night lizard habitat; lizard habitat occurs in areas considered impacts are primarily a consequence of (2) the Navy’s compliance with the Soil by the Navy to have a moderate- to high- the historical introduction of nonnative Conservation and Domestic Allotment soil erodibility. However, steps are herbivores and land use operations. Due Act of 1935 to prevent and control being taken by the Navy to reduce and to ongoing management efforts, erosion; and (3) the Navy’s INRMP that manage current impacts from erosion on described below, by the Navy and NPS, requires all projects to incorporate San Nicolas Island and such efforts are the 2006 and 2012 5-year reviews erosion control measures into their expected to continue in the future. concluded that erosion is not a projects (training maneuvers excluded). Therefore, we do not consider erosion to substantial threat to the lizard or its The Navy’s efforts under the latter two currently be a substantial threat to the habitat on any of the occupied islands items above are expected to continue in island night lizard or its habitat on San (Service 2006, pp. 12, 16; Service 2012a, the future should the island night lizard Nicolas Island now or in the future. pp. 28–29). be delisted. Santa Barbara Island and Sutil Island San Clemente Island San Nicolas Island Erosion from wind, wave action, and Historical impacts and natural land Similar to San Clemente Island, the effects of overgrazing are evident on processes have resulted in landslides erosion is also a concern for island night Santa Barbara Island and continue to and erosion on San Clemente Island lizard habitat on San Nicolas Island. contribute to alteration of habitat. which require active management by the Almost all of the high-quality island However, new sources of human-caused Navy to minimize threats to island night night lizard habitat consisting of Lycium erosion on the island, which could lizard habitat. Landslides occur where californicum and Opuntia spp., and exacerbate current conditions, are steep slopes have been denuded by moderate-quality habitat consisting of minimal given the limited amount of grazing nonnative animals. The shrub communities, occur in areas human use there. Any new erosion landslides are exacerbated by naturally where a moderate to high probability of resulting from direct human use would occurring processes such as wind and soil erodibility exists (Navy 2005, pp. likely be related to erosion along water wearing away land surface, posing 30, 44). Most erosion on San Nicolas existing trails. Currently, NPS a concern for species’ habitat and Island is due to high winds, effects to management policies dictate that the affecting other ecological processes on vegetation from past sheep grazing, and NPS will actively preserve soil San Clemente Island (Navy 2002, p. the island’s arid climate (Navy 2005, p. resources and prevent the unnatural 3.22). The Navy, in accordance with the 42). Additional erosion was likely erosion and prevent or minimize Soil Conservation and Domestic caused by military activities that did not potentially irreversible impacts on soil Allotment Act of 1935, as amended (16 include sufficient erosion control (NPS 2006b, p. 56). Therefore, based on U.S.C. S.5901), and as implemented measures (Navy 2005, p. 42). Halvorson the best available information about

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current erosion levels and NPS efforts to conditions (e.g., Meehl et al. 2007, also recognize that, for some listed preserve soil resources, we find that entire; Ganguly et al. 2009, pp. 11555, species, the likely effects may be erosion is not a substantial threat to the 15558; Prinn et al. 2011, pp. 527, 529). positive or neutral. In any case, the island night lizard or its habitat on All combinations of models and identification of effective recovery Santa Barbara Island now or in the emissions scenarios yield very similar strategies and actions for recovery plans, future. projections of increases in the most as well as assessment of their results in common measure of climate change, 5-year reviews or proposed Climate Change average global surface temperature reclassification rules such as this Our analyses under the Endangered (commonly known as global warming), document, should include consideration Species Act include consideration of until about 2030. Although projections of climate-related changes and ongoing and projected changes in of the magnitude and rate of warming interactions of climate and other climate. The terms ‘‘climate’’ and differ after about 2030, the overall variables. In the case of this proposed ‘‘climate change’’ are defined by the trajectory of all the projections is one of rule, this analysis contributes to our Intergovernmental Panel on Climate increased global warming through the evaluation of whether the island night Change (IPCC). The term ‘‘climate’’ end of this century, even for the lizard can be delisted. refers to the mean and variability of projections based on scenarios that Global climate projections are different types of weather conditions assume that GHG emissions will informative, and, in some cases, the over time, with 30 years being a typical stabilize or decline. Thus, there is strong only or the best scientific information period for such measurements, although scientific support for projections that available for us to use. However, shorter or longer periods also may be warming will continue through the projected changes in climate and related used (IPCC 2007, p. 78). The term twenty-first century, and that the impacts can vary substantially across ‘‘climate change’’ thus refers to a change magnitude and rate of change will be and within different regions of the in the mean or variability of one or more influenced substantially by the extent of world (e.g., IPCC 2007, pp. 8–12). measures of climate (e.g., temperature or GHG emissions (IPCC 2007, pp. 44–45; Therefore, we use ‘‘downscaled’’ precipitation) that persists for an Meehl et al. 2007, pp. 760–764 and 797– projections when they are available and extended period, typically decades or 811; Ganguly et al. 2009, pp. 15555– have been developed through longer, whether the change is due to 15558; Prinn et al. 2011, pp. 527, 529). appropriate scientific procedures, natural variability, human activity, or (See IPCC 2007b, p. 8, for a summary of because such projections provide higher both (IPCC 2007, p. 78). other global projections of climate- resolution information that is more Scientific measurements spanning related changes, such as frequency of relevant to spatial scales used for several decades demonstrate that heat waves and changes in analyses of a given species (see Glick et changes in climate are occurring, and precipitation. Also see IPCC al. 2011, pp. 58–61, for a discussion of that the rate of change has been faster 2011(entire) for a summary of downscaling). With regard to our since the 1950s. Examples include observations and projections of extreme analysis for the island night lizard, we warming of the global climate system, climate events.) have used the best scientific and and substantial increases in Various changes in climate may have commercial data available as the basis precipitation in some regions of the direct or indirect effects on species. for considering various aspects of world and decreases in other regions These effects may be positive, neutral, climate change, as well as the likely (For these and other examples, see IPCC or negative, and they may change over effects of climate change in conjunction 2007, p. 30; and Solomon et al. 2007, time, depending on the species and with other influences that are relevant pp. 35–54, 82–85). Results of scientific other relevant considerations, such as to the island night lizard. analyses presented by the IPCC show interactions of climate with other Since listing (42 FR 40682, p. 40684), that most of the observed increase in variables (e.g., habitat fragmentation) potential threats have been identified to global average temperature since the (IPCC 2007, pp. 8–14, 18–19). the flora and fauna of the United States mid-20th century cannot be explained Identifying likely effects often involves from ongoing accelerated climate by natural variability in climate, and is aspects of climate change vulnerability change (IPCC 2007, pp. 1–52; Point ‘‘very likely’’ (defined by the IPCC as 90 analysis. Vulnerability refers to the Reyes Bird Observatory (PRBO) 2011, percent or higher probability) due to the degree to which a species (or system) is pp. 1–68). A recent study examined the observed increase in greenhouse gas susceptible to, and unable to cope with, effects of climate change scenarios as (GHG) concentrations in the atmosphere adverse effects of climate change, they pertain specifically to the different as a result of human activities, including climate variability and ecoregions of California (PRBO 2011, particularly carbon dioxide emissions extremes. Vulnerability is a function of pp. 1–68). An ecoregional approach was from use of fossil fuels (IPCC 2007, pp. the type, magnitude, and rate of climate examined because climate change 5–6 and figures SPM.3 and SPM.4; change and variation to which a species effects will vary in different areas of Solomon et al. 2007, pp. 21–35). Further is exposed, its sensitivity, and its California due to the State’s size and confirmation of the role of GHGs comes adaptive capacity (IPCC 2007, p. 89; see diverse topography (PRBO 2011, p. 1). from analyses by Huber and Knutti also Glick et al. 2011, pp. 19–22). There Climate projections for temperature, (2011, p. 4), who concluded it is is no single method for conducting such precipitation, and sea-level rise in these extremely likely that approximately 75 analyses that applies to all situations ecoregions were obtained by analyzing percent of global warming since 1950 (Glick et al. 2011, p. 3). We use our numerous IPCC emission scenarios has been caused by human activities. expert judgment and appropriate (2007, pp. 44–54), the core of most Scientists use a variety of climate analytical approaches to weigh relevant climate projections for atmospheric and models, which include consideration of information, including uncertainty, in oceanic global circulation models natural processes and variability, as our consideration of various aspects of (PRBO 2011, p. 1). well as various scenarios of potential climate change. The Southern Bight ecoregion levels and timing of GHG emissions, to Although many species already listed includes San Clemente, San Nicolas, evaluate the causes of changes already as endangered or threatened may be Santa Barbara, and Sutil Islands (PRBO observed and to project future changes particularly vulnerable to negative 2011, p. 4); however, this ecoregion in temperature and other climate effects related to changes in climate, we refers only to the marine environment

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and not the terrestrial environment high-tide wave action and more frequent occurring at a slow pace. However, occupied by island night lizards. severe storms as a result of climate current evidence indicates that native Therefore, this threats analysis will use change, can potentially affect the vegetation, including that favored by the projections made for the Southwestern islands that support the island night lizard, is recovering on all three California ecoregion. This ecoregion is lizard by inundating low-lying portions, occupied islands and is expected to appropriate to use because it contains as well as potentially accelerating continue due to management practices, the same vegetation found on the erosion along coastal areas (PRBO 2011, restoration efforts, and policies islands and used by island night lizard, p. 41). The cobble and driftwood habitat implemented by the Navy and NPS. including Lycium californicum, Opuntia that occurs just above the intertidal zone Therefore, habitat destruction and spp., Coreopsis gigantea, Deinandra at Redeye Beach on San Nicolas Island modification to the island night lizard clementina, Artemisia californica, and and supports approximately 1,000 or its habitat as a result of the Baccharis pilularis (Sawyer et al. 2009, island night lizards (Fellers et al. 1998, introduction of nonnative herbivores pp. 387, 423, 483, 493, 588, 599–600). p. 46) could potentially be altered by a has been ameliorated and is no longer Currently, San Clemente, San Nicolas, rise in sea level. Island night lizard a substantial threat nor is it likely to Santa Barbara, and Sutil Islands are habitat on Santa Barbara Island occurs become one in the future. located within a Mediterranean climatic at sea level and a rise could potentially At the time of listing (42 FR 40682), regime, but with a significant maritime alter this habitat (Fellers 2011, pers. the introduction of nonnative plants influence. Climate change models obs.); however, the USGS’s Coastal was not identified as a threat to the indicate a 1 to 3 degrees Celsius (1.8 to Vulnerability Index for the Channel island night lizard. The 2006 and 2012 5.4 degrees Fahrenheit) increase in Islands National Park indicates Santa 5-year reviews considered the presence average temperature for southern Barbara Island has a low vulnerability of nonnative plants a potential concern California by the year 2070 (Field et al. ranking indicating a very low rate of sea due to the vegetation composition 1999, p. 5; Cayan et al. 2008a, p. S26; level rise (0.002–0.004 m (0.007–0.013 changes that have occurred on the three PRBO 2011, p. 40). As daily ft) over the last 27 years (Pendleton et islands inhabited by the island night temperatures increase, lizard species al. 2005, p. 28). On San Clemente lizard. The Navy and NPS recognize the spend more time in burrows or refuges Island, Mautz (2011 pers. comm.) potential threat of nonnative species and less time foraging (Sinervo et al. indicates that high-quality island night and are implementing management 2010, p. 894). Over the same time span, lizard habitat at its lowest elevation efforts to reduce this risk that will models predict a 10 to 37 percent occurrence is approximately 10 m (32.8 continue in the future. While nonnative decrease in annual precipitation (PRBO ft) above sea level, and that a rise in sea plants are a potential rangewide threat, 2011, p. 40); however, other modeling level, even at an extreme projection of we do not consider the introduction and predictions indicate little to no change 0.72 m (2.4 ft), does not pose a threat to persistence of nonnative plants to be a in annual precipitation (Field et al. the continued existence of the species. substantial threat to the island night 1999, pp. 8–9; Cayan et al. 2008a, p. The island night lizard is an insular lizard or its habitat on any of the S26; PRBO 2011, p. 40). If annual endemic species (unique to specific occupied islands because of the current precipitation decreases, the percent of islands) that is vulnerable to extirpation and ongoing management actions and vegetative cover and amount of from random factors such as policies to remove and control the available food sources for the island environmental stochasticity and natural future introduction of nonnative plants night lizard would also decrease. catastrophes. While climate change to all islands. Although the islands experience a could potentially affect the island night Development activities can reduce short rain season (generally November lizard and its habitat, the best available available habitat for island night lizards, through April), the presence of fog information does not allow us to make resulting in the direct loss of during the summer months helps to a meaningful prediction about how individuals. We have determined that reduce moisture stress for many plant potential changes in temperature, land use impacts on San Clemente species on the islands (Halvorson et al. precipitation patterns, and rising sea could potentially affect the island night 1988, p. 111). Currently, climate levels could impact the island night lizard and its habitat. However, because modeling for fog projections remains a lizard, the islands where it occurs, or its of the limited development impacts, the subject of uncertainty (Field et al. 1999, habitat. However, we expect that the remaining amount of available habitat, pp. 21–22). There is also substantial lizard’s susceptibility to climate change and the large number of island night uncertainty in precipitation projections is somewhat reduced by its ability to lizards (estimated 21 million), we do not and debate about precipitation patterns use varying habitat types and by its consider land use or development a and projections for the Southwestern broad generalist diet. Therefore, we do substantial threat to the species’ habitat California ecoregion (PRBO 2011, p. 40). not consider climate change to be a on that island. Land use impacts on San If the islands experienced a prolonged substantial threat to the island night Nicolas Island could potentially affect period of warmer air temperature and lizard or its habitat at this time or in the the island night lizard due to the limited lower rainfall, the island night lizard’s future. amount of suitable habitat for the habitat could potentially be reduced; species; however, these activities will however, due to the uncertainty about Factor A Summary likely have a minimal impact due to the precipitation projections, it is difficult The loss and modification of habitat current management practices to avoid to predict the likelihood of that for the island night lizard by nonnative the species during project happening. herbivores was identified as a threat to implementation. In addition, high- Rising sea level may also pose a threat the species when it was listed (42 FR quality habitat is distributed in areas to island night lizard habitat on the 40682). In our 2006 and 2012 island that will not be developed. The current inhabited islands. By the end of the night lizard 5-year reviews we noted status of Santa Barbara Island as a unit twenty-first century, various models that, although grazing animals were of the National Park System protects the predict sea level rise 0.11 to 0.72 meters removed from the islands, the residual island night lizard and its habitat from (0.11 to 0.72 ft) globally (Cayan et al. effects remain and so the process for impacts related to future land use or 2008b, S62; PRBO 2011, p. 41). A rise recovery of these habitat types on San development. In summary, while land in sea level, which may accompany Nicolas and Santa Barbara Islands is use and development is a concern on

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two of the islands, the amount, quality, Its greater numbers and distribution on a threat and not likely to become a and distribution of habitat together with San Clemente Island may indicate the threat to the species on any of the avoidance measures reduce the island night lizard is less susceptible to occupied islands. potential impact; therefore, we do not stochastic events on the island. We Factor C. Disease or Predation consider development a substantial recognize that climate change has the threat to the island night lizard or its potential to affect the island night lizard Disease habitat on any of the occupied islands and its habitat; however, at this time, Disease was not identified as a threat now or in the future. the best available scientific and to the island night lizard at listing (42 A potential for fire exists on all three commercial information does not FR 40682, p. 40684), or in the 2006 or islands due to human activity, with an indicate that climate change is a 2012 5-year reviews (Service 2006, p. increased potential on San Clemente substantial threat to the species’ habitat 19; Service 2012a, p. 29). Currently, the and San Nicolas Islands due to military now or in the future. activities and nonnative annual grasses In conclusion, we do not find that best available information does not that increase the amount of flammable habitat destruction or modification from indicate that disease is a threat to the fuels (Service 2006, pp. 13–15; Service introduction of nonnative taxa, land use lizard or likely to be a threat in the 2012a, pp. 23–26). Based on historical and development, fire, erosion, or future. records and current land use, high fire climate change pose a substantial threat Predation frequency on Santa Barbara is an to the island night lizard or its habitat At the time of listing (42 FR 40682, p. unlikely occurrence, limited to human on San Clemente, San Nicolas, and negligence to provide an ignition Santa Barbara Islands currently or in the 40684), we identified predation of source. Although fire is a potential future. island night lizards as a threat to the threat on all islands, we do not consider species due to the introduction of Factor B. Overutilization for fire a substantial threat to the island nonnative feral cats and pigs to San Commercial, Recreational, Scientific, or night lizard or its habitat because of Clemente Island (42 FR 40682, p. Educational Purposes ongoing fire management policies, 40683). The listing rule (42 FR 40682, p. plans, and actions being implemented Overutilization for commercial, 40684) also indicated that the on all occupied islands now and in the recreational, scientific, or educational introduction of the nonnative southern future. purposes was not identified as a threat alligator lizard to San Nicolas Island Historical land use and overgrazing by to the island night lizard at listing (42 might pose a threat to the island night nonnative herbivores exacerbated the FR 40682, p. 40684). The 2006 and 2012 lizard through depredation or increased impacts of erosion on San Clemente, 5-year reviews (Service 2006, p. 18; competition (42 FR 40682, p. 40684). San Nicolas, and Santa Barbara Islands Service 2012a, p. 28) did not identify The listing rule does not discuss native and those impacts are likely to continue overutilization for commercial, predators to the island night lizard, such for many years to come. However, all recreational, scientific, or educational as San Clemente loggerhead shrike and nonnative herbivores have been purposes as a threat to the island night other raptor species. Currently, each removed from the islands, and the slow lizard. To our knowledge, island night island has native predators, such as process of natural recovery is ongoing. lizards are captured only for scientific raptors, but currently available In accordance with the Navy’s INRMPs purposes or for relocation efforts due to information does not indicate these and NPS’s management policies, efforts Navy projects in accordance with predators are a substantial threat to the are underway to control new and permitted activities covered by a section island night lizard. existing sources of erosion on all 10(a)(1)(A) permit under the Act. San Clemente Island occupied islands. Further, the Currently, there are only two active development and implementation of section 10(a)(1)(A) permits issued by the Since listing, nonnative predators erosion control plans will help Service for the island night lizard. have been identified on San Clemente minimize future impacts to the island Although research activities may result Island, including feral cats, black rats, night lizard and its habitat from erosion. in impacts to some individuals (use of and gopher snakes (Pituophis catenifer); We conclude that erosion may affect pitfall traps and toe-clipping), they do however, only feral cats are known to island night lizard and its habitat, but it not constitute a significant threat to the prey upon island night lizards (Mautz is not currently a substantial threat nor species. Capture of island night lizards 2001, p. 9). The 2006 and 2012 5-year is it likely to become one in the future, for commercial or other nonpermitted reviews concluded that feral cats on San due to current management, individual activities is unlikely to occur on San Clemente Island could threaten the island circumstances, and erosion Clemente or San Nicolas Islands island night lizard. However, we control efforts. because access to these islands is concluded that predation by feral cats At the time of listing (42 FR 40682, p. strictly limited by the Department of was not a substantial threat due to 40684), we did not find climate change Defense. No available information predator management actions to be a threat to the island night lizard. indicates that visitors to Santa Barbara implemented through the Navy’s Generally, climate change is predicted Island are actively collecting island INRMP and the large lizard population to result in warmer air temperatures, night lizards. Although it is possible on the island. The Navy continues to lower rainfall amounts, and rising sea that someone visiting or working on any control feral cats on San Clemente levels; however, it is currently unknown of the islands could collect island night Island to benefit the San Clemente how climate change will specifically lizards, based on the best available loggerhead shrike and San Clemente affect island night lizard habitat on San information, there is no indication that Island sage sparrow (Amphispiza belli Clemente, San Nicolas, and Santa such activities are occurring. clementeae). These measures provide an Barbara Islands (Service 2006, p. 24; Based on the limited number of active ancillary benefit to the island night Service 2012a, pp. 38–39). The island section 10(a)(1)(A) permits and lack of lizard (Service 2008, p. 59; Biteman et night lizard may be more susceptible to evidence that collection is otherwise al. 2011, p. 22). natural catastrophes on San Nicolas and occurring, we find that overutilization In 2006, we concluded that predation Santa Barbara Island because of its for commercial, recreational, scientific, by black rats (Rattus rattus) and restricted distribution on those islands. or educational purposes is not currently nonnative snakes could threaten island

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night lizards on San Clemente Island. Island (Service 2006, p. 20). In 2009, the prevent further introduction of Black rats are found throughout San Navy implemented a feral cat removal nonnative predators to the island. Clemente Island, but the total program to protect Federal or State Santa Barbara and Sutil Island population of black rats on the island is listed species, including the island night unknown. Despite an extensive review lizard (Hanson and Bonham 2011, pp. The 2006 and 2012 5-year reviews of of the best scientific and commercial 1–4). In addition, the MSRP prioritized the island night lizard concluded that information available, the information removal of feral cats from San Nicolas Santa Barbara Island does not support does not indicate whether or how often Island to improve nesting success for any nonnative predators, but does black rats prey upon island night the Brandt’s cormorant (Phalacrocorax support populations of native predators lizards. One gopher snake has been penicillatus) and western gull (Larus of the island night lizard, including the located on the island, but since its occidentalis) (MSRP 2005, pp. D3.1– burrowing owl (Athene cunicularia), removal, no others have been reported. D3.2). Several methods were utilized to American kestrel (Falco sparverius), and Despite the continued presence of detect and remove cats from the island, barn owl (Tyto alba) (Service 2006, p. feral cats and black rats on the island, including the installation of camera 19; Service 2012a, p. 33). While natural lizard numbers remain high. traps to detect the location and presence predators may pose a threat to Additionally, the Navy currently of feral cats, the use of modified padded individual island night lizards (Service implements a ‘‘no pet policy’’ to prevent leg-hold live traps, and spotlight 2012a), they do not pose a substantial the introductions of potential predators hunting (Hanson and Bonham 2011, pp. threat to the continued existence of the to native wildlife (Navy 2001, p. 3.119). 2, 4–5). Since June 27, 2010, surveys species on Santa Barbara Island due to Therefore, nonnative predators do not have failed to locate any evidence of the current number of lizards on the currently pose a substantial threat to the feral cats on San Nicolas Island (Hanson island, highly sedentary nature of the species on San Clemente Island due to and Bonham 2011, p. 19). The Navy and lizard, and tendency to remain under the large population size of the island MSRP announced the successful shelter such as dense vegetation or rock, night lizard and current predator control completion of this project in February which limits the exposure to aerial measures being implemented on the 2012 (Little 2012a, pers. comm.). Based predators lizards (Service 2006, p. 19; island, which are expected to continue on these successful feral cat eradication Service 2012a, p. 33). To prevent future in the future (Mautz 2001a, p. 25; efforts, we conclude that feral cats are introductions of the possible predators Service 2006, p. 19). no longer a threat to the island night to Santa Barbara Island, the NPS restricts bringing any animal onto the lizard on San Nicolas Island (Service San Nicolas Island island (NPS 2012). Based on lack of 2012a, p. 30). The 2006 5-year review indicated that nonnative predators, limited predation the introduction of two nonnative In 2011, the Navy completed a by natural predators, and NPS invasive lizards (southern alligator lizard and Biosecurity Plan for San Nicolas Island species management, we conclude that side-blotched lizard) may impact island to protect the biodiversity of San predation is not a substantial threat on night lizards on San Nicolas Island Nicolas Island by preventing the Santa Barbara Island, now or in the (Service 2006, p. 20). Specifically, the transport and establishment of all future. southern alligator lizard may compete nonnative vertebrate species (Navy with or prey on island night lizards 2011, p. 1). Through implementation of Factor C Summary (Service 2006, p. 20). Fellers et al. (2009, this plan, the Navy has established At the time of listing (42 FR 40682, p. pp. 18–19) noted that the ranges of both biosecurity measures for personnel, 40684), disease was not considered a nonnative lizards have expanded on San barge operations, airfield operations, threat to the island night lizard and Nicolas Island and that both the island and implemented monitoring to prevent predation by feral cats and alligator night lizard and side-blotched lizard the introduction of nonnative vertebrate lizards was considered a threat, but have similar distributions on the island. species to San Nicolas Island (Navy their impacts were not fully understood. Fellers et al. (2009, p. 18) also noted that 2011, pp. 7–19). All personnel must be Since then, as described above with southern alligator lizards occur in trained in biosecurity protocols, report respect to affected islands, we have different habitats than island night sightings and suspicions, display and identified predation by nonnative lizards and that there is no indication of distribute information signs and lizards, feral cats, and black rats as a negative impacts to the island night pamphlets, ensure biosecurity language threat to the species. We have no new lizard. is included in all contracts, and review information to indicate that disease is a Despite the presence of these two biosecurity compliance (Navy 2011, p. threat to the island night lizard. Recent nonnative lizards, a review of the best 19). These measures will benefit the research indicates that neither the available information does not indicate island night lizard by reducing the southern alligator lizard nor the more that predation is occurring. No record potential for nonnative vertebrate recently introduced nonnative side- exists of side-blotched lizards preying species to be introduced to San Nicolas blotched lizard negatively impact the upon island night lizards. In addition, Island, which could prey upon the island night lizard on San Nicolas the southern alligator lizard generally island night lizard or outcompete it for Island. Additionally, in 2010, the Navy occupies different habitats than the natural resources. successfully completed a feral cat island night lizard. Therefore, we Based on a review of the best removal program on San Nicolas Island. conclude that the southern alligator available information, we conclude that The Navy has also implemented efforts lizard and side-blotched lizard do not predation is not currently a substantial to control black rats and feral cats on pose a substantial predatory threat to threat to the island night lizard on San San Clemente Island as part of the the island night lizard on San Nicolas Nicolas Island nor is it likely to become recovery efforts for the San Clemente Island (Service 2012a, p. 32). one in the future because nonnative loggerhead shrike and San Clemente In the 2006 5-year review, we lizards on the island occur in different Island sage sparrow. Though black rats concluded that feral cat predation habitats and are not adversely impacting and feral cats may affect individual threatened the island night lizard due to island night lizards; feral cats have been island night lizards, they do not the small lizard population and the successfully eradicated; and the Navy currently pose a substantial threat to the large feral cat population on San Nicolas implemented a Biosecurity Plan to species on San Clemente Island. No

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nonnative predators of the island night modification or degradation which quality of the human environment. lizard exist on Santa Barbara Island and actually kills or injures wildlife by Typically, the Navy prepares native predators on Santa Barbara Island significantly impairing essential Environmental Assessments and do not currently pose a threat to the behavioral patterns, including breeding, Environmental Impact Statements on species existence. Also, both the Navy feeding, or sheltering. ‘‘Harassment’’ is operation plans and new or expanding and NPS have policies in place to defined by the Service as an intentional training actions. On Santa Barbara control the introduction of potential or negligent action that creates the Island and incorporated Sutil Island, predators, and such efforts are expected likelihood of injury to wildlife by NPS must analyze under NEPA any to continue in the future. Therefore, we annoying it to such an extent as to actions significantly affecting the conclude that disease and predation are significantly disrupt normal behavioral quality of the human environment. NPS not substantial threats to the island patterns which include, but are not prepares Environmental Assessments night lizard on any of the occupied limited to, breeding, feeding, or and Environmental Impact Statements islands currently or in the future. sheltering. The Act provides for civil on actions and projects in national and criminal penalties for the unlawful parks. Absent the listing of island night Factor D. Inadequacy of Existing taking of listed species. lizard, we would expect the Navy and Regulatory Mechanisms Listing the island night lizard NPS to continue to meet the procedural The Act requires us to examine the provided a variety of protections within requirements of NEPA for their actions. adequacy of existing regulatory areas under Federal jurisdiction and the However, as explained above, NEPA mechanisms with respect to those conservation mandates of section 7 for does not itself regulate activities that existing and foreseeable threats that may all Federal agencies. Since it was first might affect island night lizards or their affect island night lizard. The listed in 1977, the Navy and NPS have habitat. inadequacy of existing regulatory consulted and coordinated with us mechanisms was not indicated as a regarding the effects of various activities National Park Service (NPS) Organic threat to the island night lizard at the occurring on federally owned San Act time of listing (42 FR 40682, p. 40684). Clemente, San Nicolas, and Santa The NPS Organic Act of 1916, as Since it was listed as threatened, the Act Barbara Islands (see Factor A: Present or amended (39 Stat. 535, 16 U.S.C. 1), has been and continues to be the Threatened Destruction, Modification, states that the NPS ‘‘shall promote and primary Federal law that affords or Curtailment of Habitat or Range regulate the use of the Federal areas protection to island night lizard. The above). If the island night lizard were known as national parks, monuments, Service’s responsibilities in not listed, these protections would not and reservations * * * to conserve the administering the Act include sections be provided. Thus, we must evaluate scenery and the national and historic 7, 9, and 10. whether other regulatory mechanisms objects and the wildlife therein’’ (which Section 7(a)(1) of the Act requires all would provide adequate protections includes listed or non-listed species), Federal agencies to utilize their absent the protections of the Act. ‘‘and to provide for the enjoyment of the authorities in furtherance of the same in such manner and by such purposes of the Act by carrying out National Environmental Policy Act means as will leave them unimpaired programs for the conservation of (NEPA) for the enjoyment of future endangered and threatened species. All Federal agencies must comply generations.’’ The 2006 NPS Section 7(a)(2) of the Act requires with the NEPA of 1970 (42 U.S.C. 4321 Management Policies indicate that the Federal agencies to ensure that actions et seq.) for projects they fund, authorize, Park Service will ‘‘meet its obligations they fund, authorize, or carry out do not or carryout. The Council on under the NPS Organic Act and the ‘‘jeopardize’’ the continued existence of Environmental Quality’s regulations for Endangered Species Act to both pro- a listed species or result in the implementing NEPA (40 CFR parts actively conserve listed species and destruction or adverse modification of 1500–1518) state that agencies shall prevent detrimental effects on these habitat in areas designated by the include a discussion on the species.’’ This includes working with Service to be critical. Critical habitat has environmental impacts of the various the Service and undertaking active not been designated or proposed for the project alternatives (including the management programs to inventory, lizard. A jeopardy determination is proposed action), any adverse monitor, restore, and maintain listed made for a project that is reasonably environmental effects that cannot be and non-listed species habitats, among expected, either directly or indirectly, to avoided, and any irreversible or other actions. appreciably reduce the likelihood of irretrievable commitments of resources both the survival and recovery of a involved (40 CFR part 1502). NEPA does Sikes Act Improvement Act (Sikes Act) listed species in the wild by reducing its not regulate activities that might affect The Sikes Act (16 U.S.C. 670) reproduction, numbers, or distribution the island night lizard, but does require authorizes the Secretary of Defense to (50 CFR 402.02). A non-jeopardy full evaluation and disclosure of develop cooperative plans with the opinion may include reasonable and information regarding the effects of Secretaries of Agriculture and the prudent measures that minimize the contemplated Federal actions on Interior for natural resources on public extent of impacts to listed species sensitive species and their habitats. It lands. The Sikes Act Improvement Act associated with a project. also does not require minimization or of 1997 requires Department of Defense Section 9 of the Act and Federal mitigation measures by the Federal installations to prepare Integrated regulations pursuant to section 4(d) of agency involved. Therefore, Federal Natural Resources Management Plans the Act prohibit the ‘‘take’’ of federally agencies may include conservation that provide for the conservation and listed wildlife. Section 3(18) defines measures for island night lizard as a rehabilitation of natural resources on ‘‘take’’ to mean ‘‘to harass, harm, result of the NEPA process, but such military lands consistent with the use of pursue, hunt, shoot, wound, kill, trap, measures would be voluntary in nature military installations to ensure the capture, or collect, or to attempt to and are not required by the statute. On readiness of the Armed Forces. INRMPs engage in any such conduct.’’ Service San Clemente and San Nicolas Islands, incorporate, to the maximum extent regulations (50 CFR 17.3) define ‘‘harm’’ the Navy must analyze under NEPA any practicable, ecosystem management to include significant habitat actions significantly affecting the principles and provide the landscape

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necessary to sustain military land uses. (5) Provide aggressive control of INRMP are listed below (Navy 2010, p. INRMPs are developed in coordination existing nonnative animals in the 4.56): with the State and the Service, and are INLMA. (1) Continue to develop and generally updated every 5 years. (6) Manage fire to protect the integrity implement protocols to resolve any Although an INRMP is technically not a of the management area for island night baseline biological data gaps and to regulatory mechanism, because its lizards. monitor distribution, population size, implementation is subject to funding (7) Develop, in cooperation with the population trends, and habitat usage of availability, it is an important guiding Service, a delisting plan for the island the island night lizard population by document that helps to integrate natural night lizard. conducting site-specific surveys in resource protection with military In addition to these management known or suitable habitat prior to readiness and training. measures, the Navy developed an FMP disturbance activities. San Clemente Island INRMP: for San Clemente Island in 2009 (see (2) Protect and maintain island night Pursuant to the Sikes Act, the Navy Factor A). The FMP implements fuel lizard habitat quality and integrity by: adopted an INRMP for San Clemente management strategies that benefit the (a) Conducting an invasive nonnative Island with multiple objectives for island night lizard through development control, monitoring, and removal protection of the island night lizard and of: high-intensity fuel management program in island night lizard habitat in its habitat that reduce threats to this buffer zones; defensible space around order to reduce impacts upon the taxon (Navy 2002). The INRMP structures; and low-intensity landscape species’ population. complied with NEPA, the Act, the modification with prescribed fire that (b) Defining and clearly marking work Federal Noxious Weed Act (7 U.S.C. meets fuels management, resource areas during road maintenance and 2801), and the Soil Conservation and protection, and habitat restoration other activities to prevent island night Domestic Allotment Act (16 U.S.C 590 objectives (Navy 2009, p. ES–3). lizard mortality in accordance with the a, b). The goal of the San Clemente Additionally, we concluded that the terms and conditions listed in the Island INRMP is to support the military fuelbreak and suppression measures Biological Opinion (Service 2001). requirements of the Pacific Fleet while outlined within the FMP would prevent (c) Excluding areas of high-quality maintaining long-term ecosystem health a significant increase in fire frequency island night lizard habitat from mowing (Navy 2002, p. 1.2). Specifically, this where high-quality habitat occurs regimes. (d) Maintaining a bare ground buffer INRMP will: (Service 2008, p. 204). zone around equipment and storage (1) Facilitate sustainable military Although the INRMP includes areas in high-quality island night lizard readiness and foreclose no options for objectives targeted toward habitat future requirements of the Pacific Fleet. habitat where practicable. protection of high-quality island night (e) Siting staging areas for storage of (2) Protect, maintain, and restore lizard habitat, Navy operational needs priority native species to reach self- equipment and materials in areas with may supersede INRMP goals. The Navy low island night lizard densities, sustaining levels. is currently revising the 2002 INRMP, (3) Ensure ecosystem resilience to whenever feasible. and future iterations of this plan may testing and training impacts. (3) Conduct relocation of island night (4) Maintain the full suite of native differ from the existing INRMP. Pending lizards in accordance with the terms species, emphasizing the endemics. completion of the new INRMP, the Navy and conditions identified in the current In 1997, the Navy established the continues to implement the 2002 Biological Opinion (Service 2001). INLMA (Service 1997, p. 5), an area INRMP. We expect that the revised (4) Support studies to investigate the encompassing 11,051 ac (4,474 ha) of INRMP will continue to manage for effectiveness of island night lizard the western shore of San Clemente natural resource conservation to the management strategies by: Island where the majority of high- maximum extent practicable based on (a) Supporting scientific studies of quality Lycium californicum and the Navy’s historical commitment to competition relationships between Opuntia spp. habitats, and implement beneficial management alligator lizards and island night lizards. approximately half of the island night actions for native flora and fauna, and (b) Supporting genetic studies of lizard population is found (Mautz their continued cooperation with the isolated island night lizard populations 2001a, p. 29). The INRMP states that the Service to provide conservation actions to determine population structure and INLMA will be managed as a that benefit species such as the island size. demonstration project, focusing on the night lizard and its habitat. (5) Educate island personnel on laws integration of military operational needs San Nicolas Island INRMP: Pursuant covering prohibition on taking listed with conservation of species (Navy to the Sikes Act, the Navy adopted an species for pets or for sale in pet trade. 2002, p. 4.43). The INRMP provides a INRMP for San Nicolas Island that (6) Support recovery plan efforts to benefit to the species (Navy 2002, pp. includes measures to protect the island establish stable island night lizard 4.43–4.47) through the following night lizard and its habitat (Navy 2010). populations and eventual delisting by: measures: The INRMP also complied with NEPA, (a) Supporting Channel Islands-wide (1) Designate and implement an the Act, the Federal Noxious Weed Act review of population status of the approximately 11,010 acre (4,457 ha) (7 U.S.C. 2801), and the Soil species. management area. Conservation Act. The purpose of the While the INRMP does not guarantee (2) Establish a ‘‘no net loss’’ habitat San Nicolas INRMP is to provide a funding will be appropriated for condition policy for INLMA. viable and implementable framework implementation, the Navy has (3) Survey for nonnative weeds and for the management of natural resources demonstrated a continued commitment prioritize annual control programs for at Naval Base Ventura County, to the goals of the INRMP. They have the INLMA. California, San Nicolas Island (Navy funded a full-time biologist for the (4) Ensure that no new nonnative 2010, p. 1.1). The INRMP’s objective for island, provided additional funds to animals are introduced to San Clemente island night lizards on San Nicolas hire contractors, or utilized university, Island that could be a predator, Island is to maintain a viable population volunteer, or other agency personnel to competitor, or introduce disease to the (Navy 2010, p. 4.56). The strategies to implement numerous activities as island night lizard. accomplish this objective from the outlined in the INRMP.

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Federal Noxious Weed Act demonstrational projects in areas maintain listed species’ habitats, and The Federal Noxious Weed Act of subject to erosion by wind or water; and requires the NPS to manage all natural 1975 (88 Stat. 2148, 7 U.S.C. 2801) carry out preventative measures, resources regardless of listing status established a Federal program that has including, but not limited to, (such as island night lizard after it is subsequently been largely superseded engineering operations, methods of delisted). Delisting the island night lizard by other statutes, including the Plant cultivation, the growing of vegetation, would eliminate the requirement to Protection Act (7 U.S.C. 7701, et seq.), and changes in use of land. These consult with us for actions carried out, to control the spread of noxious weeds. measures assist island night lizards by funded, or authorized by the Navy and The 1990 amendment to the the Federal encouraging management actions that NPS on San Clemente, San Nicolas, and Noxious Weed Act (7 U.S.C. 2814), has prevent and control erosion, thus protecting island night lizard habitat. Santa Barbara Islands. However, we been retained, and requires each Federal anticipate the Navy will continue to land-managing agency to: Designate an Factor D Summary implement INRMPs for both San office or person adequately trained in The inadequacy of existing regulatory Clemente and San Nicolas Islands that managing undesirable plant species to mechanisms was not indicated as a include management for natural develop and coordinate a program to threat to the island night lizard at the resources, native species, and other control such plants on the agency’s time of listing or in the recent status listed species, which we anticipate will land; establish and adequately fund this reviews. Because all islands are under provide an ancillary benefit to the plant management program through the Federal ownership, various laws, island night lizard. We have no agency’s budget process; complete and regulations, and policies administered information indicating that management implement cooperative agreements with by the Federal Government provide of Santa Barbara Island would be the States regarding undesirable plants protective mechanisms for the species changed or altered in a manner that on agency land; and establish integrated and its habitat. Primary Federal laws would be inconsistent with the management systems (as defined in the that provide some benefit for the species conservation of natural resources and section) to control or contain and its habitat absent the Act include native species, which includes the undesirable plants targeted under the NEPA, Sikes Act, Federal Noxious Weed island night lizard and its habitat. In cooperative agreements. In accordance Act, Soil Conservation and Domestic conclusion, island night lizards are with this direction, the Navy and NPS Allotment Act, and NPS Organic Act. afforded protection through Federal or work to control the introduction of INRMPs are important guiding military mechanisms and, in absence of nonnative plant species to the islands documents that help to integrate the the Act, these existing regulatory and to control or remove those currently military’s mission with natural resource mechanisms are expected to continue to present, which are actions that assist in protection on San Clemente and San a degree adequate to conserve the island protecting island night lizard habitat. Nicolas Island. Although the INRMPs night lizard and its habitat throughout Soil Conservation and Domestic include objectives targeted toward its range both now and in the future. Allotment Act protection of habitat essential to the Therefore, we conclude that the island night lizard and other native inadequacy of existing regulatory The Soil Conservation and Domestic species, Navy operational needs may mechanisms is not a current threat to Allotment Act of 1935 (16 U.S.C. 590(a, diverge from INRMP natural resource the species on any of the occupied b), 49 Stat. 163) recognized that the goals. For example, some control islands, nor is it expected to become a wastage of soil and moisture resources measures may not be implemented threat in the future. on farm, grazing, and forest lands of the effectively or consistently in those areas Nation, resulting from soil erosion, is a that are operationally closed due to the Factor E. Other Natural or Manmade menace to the national welfare and presence of unexploded ordnance. Factors Affecting the Continued declared it to be the policy of Congress However, in most locations, fire Existence of the Species to provide permanently for the control management plans, erosion control in The listing rule (42 FR 40682, p. and prevention of soil erosion and accordance with the Soil Conservation 40684) states that island-adapted taxa thereby to preserve natural resources, and Domestic Allotment Act, and are often detrimentally affected by control floods, prevent impairment of nonnative plant species control in accidental or intentional introduction of reservoirs, and maintain the navigability accordance with the Federal Noxious nonnative species. This was the only of rivers and harbors, protect public Weed Act, afford protections to the threat attributed to Factor E for any of health, public lands and relieve island night lizard on the islands as the seven taxa included in that rule. unemployment, and the Secretary of discussed above under Factor A. The Because the primary effect of most Agriculture shall coordinate and direct Present or Threatened Destruction, nonnative taxa was related to habitat or all activities with relation to soil Modification, or Curtailment of Its predation, the discussion of introduced erosion. In order to effectuate this Habitat or Range. Absent listing under nonnative taxa is now included under policy, the Secretary of Agriculture the Act, the Navy would still be Factor A as it relates to habitat and authorizes, from time to time, that the required to develop and implement Factor C as it relates to predation. following actions may be performed on INRMPs under the Sikes Act. The The restricted distribution of the lands owned or controlled by the United INRMPs will continue to provide a island night lizard on San Nicolas and States or any of its agencies, with the conservation benefit to the island night Santa Barbara Islands makes these cooperation of the agency having lizard through native habitat populations susceptible to natural jurisdiction: Conduct surveys, management efforts, where there is catastrophes such as fires, landslides, or investigations, and research relating to overlap with island night lizard habitat. prolonged droughts (Service 2006, p. the character of soil erosion and the The population of island night lizards 24). Potential impacts and management preventive measures needed; to publish and their habitat on Santa Barbara efforts to reduce or control effects of fire the results of any such surveys, Island and Sutil Island are afforded and erosion are discussed under Factor investigations, or research; to protections by the NPS’s Organic Act, A. The 2012 5-year review of the island disseminate information concerning which provides management programs night lizard discusses the potential such methods; and to conduct to inventory, monitor, restore, and threat of climate change and its effects

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on precipitation, drought, and sea level Factor E Summary and San Nicolas Islands, the land use rise as it relates to the island night At the time of listing (42 FR 40682, p. and development activities (Factor A) lizard (Service 2012a, pp. 39–41), and is 40684), we did not identify climate conducted by the Navy can prompt an further discussed below. change as a threat to the island night increase in erosion (Factor A) and the potential for fire (Factor A) in island Climate Change lizard. The 2006 and 2012 5-year reviews (Service 2006 p. 24; Service pp. night lizard habitat. Additionally, As discussed under Factor A— effects from climate change, such as Climate Change above, climate change 38–39) suggested that, because the island night lizard is an insular endemic rising sea level in conjunction with poses a potential impact to island night increased storm frequency and high-tide lizards and their habitat based on species, it is vulnerable to extirpation from random factors such as wave action (Factor A), could modeling and climate change potentially impact island night lizard environmental stochasticity (lacking projections for southern California from habitat by accelerating erosion (Factor predictability) and natural catastrophes. various sources (IPCC 2007, PRBO A) on all occupied islands. Although However, it is currently unknown how 2011). Because the best available island night lizard productivity may be climate change will affect the island information for the region that reduced because of these threats, either night lizard and its habitat on San encompasses San Clemente, San alone or in combination, it is not easy Clemente, San Nicolas, and Santa Nicolas, Santa Barbara, and Sutil Islands to determine whether a specific threat is Barbara Islands (Service 2006, p. 24; refers only to the marine environment the primary threat having the greatest Service 2012a, pp. 38–39). The island and not the terrestrial environment impact on the viability of the species, or night lizard may be more susceptible to occupied by island night lizards (PRBO whether it is exacerbated by, or 2011, p.4), we are utilizing projections natural catastrophes on San Nicolas and functioning in combination with, other made for the Southwestern California Santa Barbara Island because of its threats to result in cumulative or ecoregion in this threat analysis (see restricted distribution on those islands. synergistic effects on the species. The Factor A—Climate Change section above Its greater numbers and distribution on Navy and NPS are actively managing for for additional discussion on available San Clemente Island may indicate the the threats described above to minimize data, climate model predictions for island night lizard is less susceptible to impacts to the island night lizard. It is temperature and precipitation, and stochastic events on that island. Climate anticipated that their continued potential impacts related to island night change may affect the island night lizard management of these threats will lizard habitat). and its habitat, but the best available maintain the threats at a level where Currently, climate modeling information does not allow us to make synergistic effects are not likely to result projections for fog (Field et al. 1999, pp. accurate predictions regarding the in a substantial impact to the island 21–22) and precipitation are the subject effects of climate change on the island night lizard or its habitat. Therefore, we of uncertainty, with relatively little night lizard at this time. We expect that do not consider the cumulative impact consensus concerning projections for the lizard’s susceptibility to climate of these threats to be substantial at this the Southwestern California ecoregion change is somewhat reduced by its time. (PRBO 2011, p. 40). Additionally and as ability to use varying habitat types and noted above, we have no specific by its broad generalist diet. Continued Finding information related to precipitation and improvement in habitat quality and An assessment of the need for a temperature projections specific to the reduction of threats by the Navy and species’ protection under the Act is terrestrial environment of the California NPS is likely to increase the resilience based on threats to that species and the Channel Islands. Regardless, the best of the lizard and its habitat to changing regulatory mechanisms in place to available data indicate that when daily conditions. Therefore, because of ameliorate impacts from these threats. temperatures increase, lizard species current and expected ongoing As required by the Act, we conducted spend more time in burrows or refuges management, we do not consider a review of the status of the taxon and and less time foraging (Sinervo et al. climate change to be a substantial threat assessed the five factors to determine 2010, p. 894). This reduced foraging to the species at this time or in the whether the island night lizard is time could possibly impact growth and future. threatened or endangered throughout all survival of this already highly sedentary of its range. We examined the best Cumulative Effects lizard. Drought conditions also reduce scientific and commercial information the arthropod populations in the spring, A species may be affected by a available regarding the past, present, reducing a food source and combination of threats. Within the and future threats faced by the lizard. compounding the effects of climate preceding review of the five listing We reviewed petitions received on May change (Knowlton 1949, p. 45; factors, we identified multiple threats 1, 1997, and March 22, 2004; comments Schwenkmeyer 1949, pp. 37–40; Bolger that may have interrelated impacts on and information received after et al. 2000, p. 1242). Therefore, in the the island night lizard or its habitat. Fire publication of our 90-day finding (71 FR event of a prolonged period of warmer (Factor A) may increase in intensity and 48900, August 22, 2006); two 5-year air temperature and lower rainfall, the frequency on all occupied islands if status reviews, information available in island night lizard’s habitat and food there is an abundance of nonnative our files; and other available published supply could also potentially be plants (grasses) (Factor A). Similarly, and unpublished information. We also reduced. However, even with this across all islands occupied by the island consulted with recognized experts on potential reduction in food availability, night lizard, fire (Factor A) may become the island night lizard and its habitat, Sinervo et al. (2010, p. 898) investigated more frequent if climate change results and with other Federal agencies. climate change impacts on Xantusidae in hotter and drier environmental In considering which factors might and predicted that the species conditions (Factor A and E). An constitute threats, we must look beyond extinction risk for this family is zero increase in the frequency of fires (Factor the mere exposure of the species to the through 2080. Therefore, we do not A) may potentially lead to an increased factor to determine whether the species consider climate change to be a risk of predation (Factor C) due to loss responds in a way that causes actual substantial threat to the island night of vegetative cover for the island night impacts to the species. If there is lizard now or in the future. lizard in burned areas. On San Clemente exposure to a factor, but no response or

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only a positive response, that factor is islands by the Navy and NPS. Current may impact the lizard and its habitat, not a threat. If there is exposure and the management efforts on San Clemente we are unable to accurately predict the species responds negatively, the factor and San Nicolas Islands to avoid or effects to the species and its habitat. may be a substantial threat and we then minimize impacts from land use and However, species biology indicates that attempt to determine the significance of development, fire, and erosion due to the lizard may be able to withstand the threat. If the threat is significant, it military activities have resulted in some changes in habitat conditions. may drive or contribute to the risk of reduction of threats to the island night Therefore, we do not consider climate extinction of the species such that the lizard or its habitat on those islands. change to be a substantial threat to the species warrants listing as endangered Land use and development is not species throughout its range now or in or threatened, as those terms are defined considered a threat to the lizard or its the foreseeable future. by the Act. This does not necessarily habitat on Santa Barbara Island. Fire is At the time of listing, the number of require empirical proof of a threat. The also not a substantial threat to the lizard island night lizards on San Clemente, combination of exposure and some or its habitat on Santa Barbara Island San Nicolas, and Santa Barbara Islands corroborating evidence of how the due to limited human presence, current was unknown. Research conducted species is likely impacted could suffice. fire management policy on the island, since then indicates that approximately The mere identification of factors that and an FMP for Channel Islands 21 million island night lizards occur on could potentially impact a species National Park (including Santa Barbara San Clemente Island, 15,300 lizards negatively is not sufficient to compel a Island). Erosion resulting from historical occur on San Nicolas Island, and 17,600 finding that listing is appropriate; we grazing by nonnative herbivores and lizards occur on Santa Barbara Island. require evidence that these factors are historical land use practices is While no new population numbers are operative substantial threats that act on exacerbated by current military available, new habitat assessments the species to the point that the species activities. Efforts to control these indicate that the amount of quality meets the definition of threatened or sources of erosion on San Clemente and habitat supporting the island night endangered under the Act. San Nicolas Islands are currently lizard has increased on each of the The reasons for listing the island ongoing, as outlined in the Navy’s islands. It is likely that the number of night lizard as threatened (42 FR 40682) INRMPs. As a result of management lizards has increased in association with were: Habitat loss or modification efforts by the Navy and NPS, we do not the increase of quality habitat on all through the introduction of nonnative consider any of these habitat threats to three islands. Currently, the Navy herbivores such as feral goats and pigs be substantial to the island night lizard conducts monitoring for management on San Clemente Island; habitat or its habitat on any of the occupied actions that impact threatened or modification through the introduction islands, nor do we expect them to endangered species, including the of nonnative plants throughout the become so in the foreseeable future. island night lizard, as required by its species’ range (San Clemente, San Disease is not a current threat for the INRMP. If the island night lizard is Nicolas, and Santa Barbara Islands); island night lizard on any of the islands removed from the List, the Navy would predation by feral cats on San Clemente where it occurs nor do we anticipate it continue to monitor the lizard and its Island; and competition with the to be in the foreseeable future; however, habitat through post-delisting southern alligator lizard on San Nicolas predation has impacted the species in monitoring efforts to ensure the species Island. The island night lizard was not the past and continues to be a potential is recovering and does not warrant known to occupy Sutil Island at listing impact to individuals on San Clemente relisting in the foreseeable future. The and thus the island was not included in Island. We do not consider predation to NPS conducts monitoring on Santa the threats analysis at the time of listing. be a substantial threat currently or in Barbara Island to assess the impacts of Since listing, the island night lizard has the foreseeable future due to ongoing management actions on threatened and been twice identified on Sutil Island. feral cat removal efforts implemented endangered species, including the Due to the small size of Sutil Island, through the Navy’s INRMP. All feral island night lizard and its habitat. proximity to Santa Barbara Island, and cats have been removed from San Additionally, the NPS monitors all ownership of Sutil and Santa Barbara Nicolas Island, and predation is not a natural resources, including the island Island by the NPS, we included the threat to the lizard on Santa Barbara night lizard, and would also participate population of Sutil Island and Island. Finally, research indicates that in post-delisting monitoring efforts to discussion of threats with the the southern alligator lizard is not a ensure the species does not warrant population of Santa Barbara Island. threat to the island night lizard on San relisting in the foreseeable future. At the time of listing, several threats Nicolas Island. We conclude that, since the time of related to destruction of habitat were The overutilization for commercial, listing, all substantial threats to the identified for the island night lizard on recreational, scientific, or educational island night lizard have been one or more of the Channel Islands. purposes and inadequacy of regulatory ameliorated. Any remaining potential Since listing, these threats have been mechanisms are not threats to the island threats to the species are currently addressed by multiple actions through night lizard on any of the occupied managed to minimize impacts. The one implementation of the Navy’s INRMPs islands, nor do we anticipate them to exception is climate change, for which and the NPS’s management policies. become threats in the foreseeable future. there is not sufficient information to While a variety of threats existed under Climate change has been identified as make accurate predictions about the Factor A, not all threats were present on a potential threat with regards to the timing and degree of potential impacts. all three islands. present or threatened destruction, However, data suggest that the All nonnative herbivores have been modification, or curtailments of its extinction risk for the family Xantusidae removed from San Clemente, San habitat, as well as with regard to other (which includes the Island night lizard) Nicolas, and Santa Barbara Islands, and human and manmade factors. However, is zero through the year 2080 (based on the slow process of natural recovery of we cannot precisely determine how Sinervo et al. (2010) evaluation of native habitat is ongoing. Management climate change will potentially impact Xantusidae (see Climate Change actions to control, remove, or prevent the island night lizard and its habitat on section)). Therefore, using 2080 as our introduction of nonnative plant species San Clemente, San Nicolas, and Santa frame of reference for determining the are also implemented on all three Barbara Islands. While climate change foreseeable future (which is generally

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the latest time period that most climate list the Gunnison’s prairie dog (73 FR ‘‘significant’’ to determine the threshold change emission scenario models use 6660, Feb. 5, 2008). The Service had for when such an independent basis for because they lose confidence beyond asserted in both of these determinations listing exists. this point), we concluded that this is not that it had authority, in effect, under the Although there are potentially many likely to become a substantial threat Act to protect only some members of a ways to determine whether a portion of now or in the foreseeable future. We ‘‘species,’’ as defined by the Act a species’ range is ‘‘significant,’’ we also note that all six primary objectives (species, subspecies, or DPS). Both conclude, for the purposes of this of the Recovery Plan were, or are in the courts ruled that the determinations finding, that the significance of the process of, being fulfilled (see Recovery were arbitrary and capricious on the portion of the range should be Plan Implementation section). grounds that this approach violated the determined based on its biological Additionally, since listing, it was plain and unambiguous language of the contribution to the conservation of the determined that over 21 million lizards Act. The courts concluded that reading species. For this reason, we describe the exist in high-quality habitat among the the SPR language to allow protecting threshold for ‘‘significant’’ in terms of three islands. Based on the current level only a portion of a species’ range is an increase in the risk of extinction for of threats, we would not anticipate inconsistent with the Act’s definition of the species. We conclude that a future declines in population numbers. ‘‘species.’’ The courts concluded that biologically based definition of Therefore, we conclude that the island once a determination is made that a ‘‘significant’’ best conforms to the night lizard is not likely to become species (species, subspecies, or DPS) purposes of the Act, is consistent with endangered in the foreseeable future meets the definition of ‘‘endangered judicial interpretations, and best throughout all of its range, because all species’’ or ‘‘threatened species,’’ it ensures species’ conservation. Thus, for substantial threats have been must be placed on the list in its entirety the purposes of this finding, and as ameliorated, potential threats are and the Act’s protections applied explained further below, a portion of the currently managed, and Recovery Plan consistently to all members of that range of a species is ‘‘significant’’ if its objectives have been initiated or species (subject to modification of contribution to the viability of the fulfilled. As such, we recommend protections through special rules under species is so important that, without removing the island night lizard from sections 4(d) and 10(j) of the Act). that portion, the species would be in the List of Endangered and Threatened Consistent with that interpretation, danger of extinction. Wildlife. and for the purposes of this finding, we We evaluate biological significance interpret the phrase ‘‘significant portion based on the principles of conservation Significant Portion of Its Range of its range’’ in the Act’s definitions of biology using the concepts of The Act defines ‘‘endangered species’’ ‘‘endangered species’’ and ‘‘threatened redundancy, resiliency, and as any species which is ‘‘in danger of species’’ to provide an independent representation. Resiliency describes the extinction throughout all or a significant basis for listing; thus there are two characteristics of a species and its portion of its range,’’ and ‘‘threatened situations (or factual bases) under which habitat that allow it to recover from species’’ as any species which is ‘‘likely a species would qualify for listing: a periodic disturbance. Redundancy to become an endangered species within species may be endangered or (having multiple populations the foreseeable future throughout all or threatened throughout all of its range or distributed across the landscape) may be a significant portion of its range.’’ The a species may be endangered or needed to provide a margin of safety for definition of ‘‘species’’ is also relevant threatened in only a significant portion the species to withstand catastrophic to this discussion. The Act defines of its range. If a species is in danger of events. Representation (the range of ‘‘species’’ as follows: ‘‘The term extinction throughout an SPR, the variation found in a species) ensures ‘species’ includes any subspecies of fish species is an ‘‘endangered species.’’ The that the species’ adaptive capabilities or wildlife or plants, and any distinct same analysis applies to ‘‘threatened are conserved. Redundancy, resiliency, population segment [DPS] of any species.’’ Based on this interpretation and representation are not independent species of vertebrate fish or wildlife and supported by existing case law, the of each other, and some characteristic of which interbreeds when mature.’’ The consequence of finding that a species is a species or area may contribute to all phrase ‘‘significant portion of its range’’ endangered or threatened in only a three. For example, distribution across a (SPR) is not defined by the statute, and significant portion of its range is that the wide variety of habitat types is an we have never addressed in our entire species shall be listed as indicator of representation, but it may regulations: (1) The consequences of a endangered or threatened, respectively, also indicate a broad geographic determination that a species is either and the Act’s protections shall be distribution contributing to redundancy endangered or likely to become so applied across the species’ entire range. (decreasing the chance that any one throughout a significant portion of its We conclude, for the purposes of this event affects the entire species) and the range, but not throughout all of its finding, that interpreting the SPR phrase likelihood that some habitat types are range; or (2) what qualifies a portion of as providing an independent basis for less susceptible to certain threats, a range as ‘‘significant.’’ listing is the best interpretation of the contributing to resiliency (the ability of Two recent district court decisions Act because it is consistent with the the species to recover from disturbance). have addressed whether the SPR purposes and the plain meaning of the None of these concepts is intended to be language allows the Service to list or key definitions of the Act; it does not mutually exclusive, and a portion of a protect less than all members of a conflict with established past agency species’ range may be determined to be defined ‘‘species’’: Defenders of Wildlife practice, as no consistent, long-term ‘‘significant’’ due to its contributions v. Salazar, 729 F. Supp. 2d 1207 (D. agency practice has been established; under any one or more of these Mont. 2010), concerning the Service’s and it is consistent with the judicial concepts. delisting of the Northern Rocky opinions that have most closely For the purposes of this finding, we Mountain gray wolf (74 FR 15123, Apr. examined this issue. Having concluded determine if a portion’s biological 12, 2009) and WildEarth Guardians v. that the phrase ‘‘significant portion of contribution is so important that the Salazar, 2010 U.S. Dist. LEXIS 105253 its range’’ provides an independent portion qualifies as ‘‘significant’’ by (D. Ariz. Sept. 30, 2010), concerning the basis for listing and protecting the entire asking whether without that portion the Service’s 2008 finding on a petition to species, we next turn to the meaning of representation, redundancy, or

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resiliency of the species would be so have not set the threshold as high as it in a significant portion of its range is impaired that the species would have an was under the interpretation presented whether the threats are geographically increased vulnerability to threats to the by the Service in the Defenders concentrated in some way. If the threats point that the overall species would be litigation. Under that interpretation, the to the species are essentially uniform in danger of extinction (would be portion of the range would have to be throughout its range, no portion is likely ‘‘endangered’’). Conversely, we would so important that current imperilment to warrant further consideration. not consider the portion of the range at there would mean that the species Moreover, if any concentration of issue to be ‘‘significant’’ if there is would be currently imperiled threats to the species occurs only in sufficient resiliency, redundancy, and everywhere. Under the definition of portions of the species’ range that representation elsewhere in the species’ ‘‘significant’’ used in this finding, the clearly would not meet the biologically range that the species would not be in portion of the range need not rise to based definition of ‘‘significant,’’ such danger of extinction throughout its such an exceptionally high level of portions will not warrant further range if the population in that portion biological significance. (We recognize consideration. of the range in question became that if the species is imperiled in a We consider the ‘‘range’’ of the island extirpated (extinct locally). portion that rises to that level of night lizard to be San Clemente, San We recognize that this definition of biological significance, then we should Nicolas, and Santa Barbara Islands ‘‘significant’’ (a portion of the range of conclude that the species is in fact (including Sutil Island) of the California a species is ‘‘significant’’ if its imperiled throughout all of its range, Channel Islands. contribution to the viability of the and that we would not need to rely on We considered whether the threats species is so important that without that the SPR language for such a listing.) facing the island night lizard might be portion the species would be in danger Rather, under this interpretation we ask different on San Clemente Island with of extinction) establishes a threshold whether the species would be approximately 99.85 percent of the that is relatively high. On the one hand, endangered everywhere without that population compared to San Nicolas given that the consequences of finding portion, that is, if that portion were and Santa Barbara Islands with, a species to be endangered or threatened completely extirpated. In other words, combined, approximately 0.15 percent in an SPR would be listing the species the portion of the range need not be so of the population (Service 2012b). A throughout its entire range, it is important that even the species being in detailed spatial evaluation of threats important to use a threshold for danger of extinction in that portion showed that the level of threat, and ‘‘significant’’ that is robust. It would not would be sufficient to cause the species extent of protective measures, is be meaningful or appropriate to in the remainder of the range to be different on San Clemente Island and establish a very low threshold whereby endangered; rather, the complete San Nicolas Island, compared to Santa Barbara Island due to ownership and a portion of the range can be considered extirpation (in a hypothetical future) of activities conducted by the Navy ‘‘significant’’ even if only a negligible the species in that portion would be (Service 2012b, unpublished data). increase in extinction risk would result required to cause the species in the However, all substantial threats have from its loss. Because nearly any portion remainder of the range to be been ameliorated from those islands, of a species’ range can be said to endangered. contribute some increment to a species’ and the remaining potential threats to viability, use of such a low threshold The range of a species can the island night lizard are actively would require us to impose restrictions theoretically be divided into portions in managed for by the Navy through and expend conservation resources an infinite number of ways. However, implementation of INRMPs, Federal disproportionately to conservation there is no purpose in analyzing Noxious Weed Act, and Soil benefit: Listing would be rangewide, portions of the range that have no Conservation and Domestic Allotment even if only a portion of the range of reasonable potential to be significant or Act. On Santa Barbara Island there are minor conservation importance to the in analyzing portions of the range in no substantial threats, and the species is imperiled. On the other hand, which there is no reasonable potential remaining potential threats receive it would be inappropriate to establish a for the species to be endangered or protections provided through the threshold for ‘‘significant’’ that is too threatened. To identify only those implementation of NPS’s management high. This would be the case if the portions that warrant further policies and the Channel Islands standard were, for example, that a consideration, we determine whether National Park Wildland FMP, in portion of the range can be considered there is substantial information accordance with the Organic Act. It is ‘‘significant’’ only if threats in that indicating that: (1) The portions may be our conclusion, based on our evaluation portion result in the entire species being ‘‘significant’’ and (2) the species may be of the current potential threats to the currently endangered or threatened. in danger of extinction there or likely to island night lizard on San Clemente, Such a high bar would not give the SPR become so within the foreseeable future. San Nicolas, and Santa Barbara Islands phrase independent meaning, as the Depending on the biology of the species, (see Summary of Factors Affecting the Ninth Circuit held in Defenders of its range, and the threats it faces, it Species section), that threats are neither Wildlife v. Norton, 258 F.3d 1136 (9th might be more efficient for us to address sufficiently concentrated nor of Cir. 2001). the significance question first or the sufficient magnitude to indicate the The definition of ‘‘significant’’ used in status question first. Thus, if we species is in danger of extinction on any this finding carefully balances these determine that a portion of the range is island and thus it is likely to persist concerns. By setting a relatively high not ‘‘significant,’’ we do not need to throughout its range. threshold, we minimize the degree to determine whether the species is which restrictions will be imposed or endangered or threatened there; if we Summary of Finding resources expended that do not determine that the species is not According to 50 CFR 424.11(d), a contribute substantially to species endangered or threatened in a portion of species may be delisted if the best conservation. But we have not set the its range, we do not need to determine scientific and commercial data available threshold so high that the phrase ‘‘in a if that portion is ‘‘significant.’’ In substantiate that the species is neither significant portion of its range’’ loses practice, a key part of the determination endangered nor threatened because of: independent meaning. Specifically, we that a species is in danger of extinction (1) Extinction, (2) recovery, or (3) error

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in the original data for classification of Post-Delisting Monitoring Plan established sampling sites. This the species. We consider ‘‘recovery’’ to Section 4(g)(1) of the Act requires us, monitoring will occur in all habitats for apply to the island night lizard because, in cooperation with the States, to 9 years following delisting. Biologists since listing, all substantial threats to implement a monitoring program for not will conduct density assessments using the lizard have been ameliorated. All less than 5 years for all species that have several methodologies including: Pitfall remaining potential threats to the been recovered and delisted (50 CFR traps, rock-turn surveys, and species and its habitat, with the 17.11, 17.12). The purpose of this post- coverboards arranged in grid arrays or exception of climate change for which delisting monitoring (PDM) is to verify transects. Efforts will be made to sample there is not information on which to that a species remains secure from risk all sites within each sampling period. make accurate predictions, are currently of extinction after it has been removed Surveys to assess recruitment will be managed through management plans from the protections of the Act. The conducted in October for each sampling (the Navy’s INRMPs on San Clemente PDM is designed to detect the failure of year. and San Nicolas Islands in accordance any delisted species to sustain itself (2) Monitoring high-quality habitat with the Sikes Act, Federal Noxious without the protective measures will occur twice throughout post- Weed Act, and Soil Conservation and provided by the Act. If, at any time delisting monitoring to assess Domestic Allotment Act; and the NPS’s during the monitoring period, data abundance and distribution of habitats management policies in accordance indicate that protective status under the on all islands. Recently completed with the Organic Act on Santa Barbara Act should be reinstated, we can initiate island-wide habitat maps will be Island). Upon completion of this listing procedures, including, if utilized as the baseline assessment to finding, a majority of all six primary compare with post-delisting monitoring objectives of the Recovery Plan have appropriate, emergency listing under section 4(b)(7) of the Act. Section 4(g) of mapping efforts. been fulfilled. Therefore, we find that (3) Identifying thresholds that would the island night lizard no longer the Act explicitly requires us to cooperate with the States in trigger an extension of monitoring, requires the protection of the Act and alteration of management approach, or a we propose removing the species from development and implementation of PDM programs, but we remain status review will be established related the List of Endangered and Threatened to island night lizard density, Wildlife. responsible for compliance with section 4(g) and, therefore, must remain actively recruitment, and habitat. Additionally, we are recommending Effects of This Rule engaged in all phases of PDM. We also that land managers on each island seek active participation of other This rule, if made final, would revise conduct monitoring in previously entities that are expected to assume 50 CFR 17.11(h) to remove the island unsampled areas on each island responsibilities for the species’ night lizard from the List of Endangered consisting of different habitats at least conservation post-delisting. and Threatened Wildlife. Because no once during PDM with a focus on high- critical habitat was designated for this Post-Delisting Monitoring Plan Overview quality habitat. Within these new areas, species, this rule would not affect 50 The Service has developed a draft we recommend using already CFR 17.95. established protocols to allow for If this species is removed from the PDM plan for the island night lizard in comparison of newly sampled island List of Endangered and Threatened cooperation with the Navy and NPS. night lizard densities and distribution Wildlife, the prohibitions and The PDM plan is designed to verify that with previously established sites for conservation measures provided by the the island night lizard remains secure each island. We also recommend Act, particularly through sections 7 and from risk of extinction after removal establishing identical protocols for each 9 of the Act, would no longer apply. from the list of federally threatened or island to allow for comparison among Removal of the island night lizard from endangered species by detecting islands. Lastly, we recommend that each the List of Threatened and Endangered changes in its status and habitat island continue restoration efforts of Wildlife would relieve Federal agencies throughout its known range. With this high-quality island night lizard habitat from the need to consult with us to notice, we are soliciting public to increase distribution and ensure any action they authorize, fund, comments and peer review on the draft connectivity. or carry out is not likely to jeopardize PDM Plan including its objectives and We also expect to monitor the the continued existence of this species. procedures (see Public Comments Solicited). All comments on the draft commitments and actions of Peer Review PDM plan from the public and peer management plans implemented by the In accordance with our joint policy on reviewers will be considered and Navy and NPS, which manage potential peer review published in the Federal incorporated into the final PDM plan as threats to the island night lizard and its Register on July 1, 1994 (50 FR 34270), appropriate. Please see the plan, habitat, including the introduction and we will seek the expert opinions of at available at http://www.fws.gov/ current persistence of nonnative plants, least three appropriate and independent southwest/es/Library/, http:// land use and development, erosion, and specialists regarding this proposed rule ecos.fws.gov/speciesProfile/profile/ fire. and the draft post-delisting monitoring speciesProfile.action?spcode=C01M, or Required Determinations (PDM) plan. The purpose of peer review http://www.regulations.gov for more is to ensure that decisions are based on details. Clarity of the Rule scientifically sound data, assumptions, The draft PDM plan outlines We are required by Executive Orders and analyses. We have invited these monitoring that will take place for 5 12866 and 12988 and by the peer reviewers to comment during this years over a 9-year period (i.e., years 1, Presidential Memorandum of June 1, comment period on this proposed rule 3, 4, 7, and 9). The draft PDM Plan 1998, to write all rules in plain and draft PDM plan, and the specific includes the following measures: language. This means that each rule we assumptions and conclusions regarding (1) Monitoring the overall health of publish must: the proposed delisting. Accordingly, the the island night lizard populations on (a) Be logically organized, final decision may differ from this each island through trap capture rates (b) Use the active voice to address proposal. and recruitment at previously readers directly,

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(c) Use clear language rather than National Environmental Policy Act Author jargon, We determined we do not need to The primary author of this proposed (d) Be divided into short sections and prepare an Environmental Assessment rule is the Carlsbad Fish and Wildlife sentences, and or an Environmental Impact Statement, Office in Carlsbad, California (see FOR (e) Use lists and tables wherever as defined under the authority of the FURTHER INFORMATION CONTACT). possible. National Environmental Policy Act of List of Subjects in 50 CFR Part 17 If you feel that we have not met these 1969 (42 U.S.C. 4321 et seq.), in requirements, send us comments by one connection with regulations adopted Endangered and threatened species, of the methods listed in the ADDRESSES pursuant to section 4(a) of the Act. We Exports, Imports, Reporting and section. To better help us revise the published a notice outlining our reasons recordkeeping requirements, and rule, your comments should be as for this determination in the Federal Transportation. specific as possible. For example, you Register on October 25, 1983 (48 FR Proposed Regulation Promulgation should tell us the names of the sections 49244). or paragraphs that are unclearly written, Accordingly, we propose to amend which sections or sentences are too Government-to-Government part 17, subchapter B of chapter I, title long, the sections where you feel lists or Relationship With Tribes 50 of the Code of Federal Regulations, tables would be useful, etc. In concurrence with the President’s as set forth below: Paperwork Reduction Act of 1995 memorandum of April 29, 1994, ‘‘Government-to-Government Relations PART 17—ENDANGERED AND Office of Management and Budget with Native American Tribal THREATENED WILDLIFE AND PLANTS (OMB) regulations at 5 CFR part 1320, Governments’’ (59 FR 22951), Executive ■ 1. The authority citation for part 17 which implement provisions of the Order 13175, and the Department of the continues to read as follows: Paperwork Reduction Act (44 U.S.C. Interior’s manual at 512 DM 2, we 3501 et seq.), require that Federal readily acknowledge our responsibility Authority: 16 U.S.C. 1361–1407; 16 U.S.C. agencies obtain approval from OMB to communicate meaningfully with 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– before collecting information from the recognized Federal tribes on a 625, 100 Stat. 3500; unless otherwise noted. public. This rule does not contain any government-to-government basis. We § 17.11 [Amended] new collections of information that have determined that there are no tribal ■ 2. Amend § 17.11(h) by removing the require approval by OMB under the lands affected by this proposal. entry for ‘‘Lizard, Island night’’ under Paperwork Reduction Act. This rule will References Cited ‘‘REPTILES’’ in the List of Endangered not impose recordkeeping or reporting and Threatened Wildlife. requirements on State or local A complete list of all references cited governments, individuals, businesses, or in this proposed rule is available on the Dated: January 23, 2013. organizations. An agency may not Internet at http://www.regulations.gov Rowan W. Gould, conduct or sponsor, and a person is not or upon request from the Field Acting Director, U.S. Fish and Wildlife required to respond to, a collection of Supervisor, Carlsbad Fish and Wildlife Service. information unless it displays a Office (see FOR FURTHER INFORMATION [FR Doc. 2013–02020 Filed 2–1–13; 8:45 am] currently valid OMB control number. CONTACT section). BILLING CODE 4310–55–P

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