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FOR FURTHER INFORMATION CONTACT: 63454), to list Chorizanthe parryi var. specialists to ensure that our analysis Jessica Campbell, phone: 202–418–3609, fernandina as a threatened species was based on scientifically sound data, [email protected]. under the Act, is withdrawn on March assumptions, and analyses. We invited SUPPLEMENTARY INFORMATION: 15, 2018. these peer reviewers to comment on the ADDRESSES: information we relied upon in making Correction This document, comments on our proposed rule, and our listing proposal, including the In the Federal Register of March 2, supplementary documents are available Species Report for the San Fernando 2018, in FR Doc. 2018–04359, on page on the internet at http:// Valley Spineflower (Chorizanthe parryi 8962, in the third column, correct the www.regulations.gov at Docket No. var. fernandina) (Service 2016). We also DATES section to read: FWS–R8–ES–2016–0078. Comments considered all comments and DATES: Oppositions to the Petitions and materials received, as well as information we received during the must be filed on or before March 19, supporting documentation used in the comment periods. 2018. Replies to an opposition must be preparation of this withdrawal, are also Previous Federal Actions filed on or before March 29, 2018. available for public inspection, by Federal Communications Commission. appointment, during normal business On September 15, 2016, we published Marlene H. Dortch, hours at: U.S. Fish and Wildlife Service, a proposed rule (81 FR 63454) to list Secretary, Office of the Secretary. Ventura Fish and Wildlife Office, 2493 Chorizanthe parryi var. fernandina as a threatened species under the Act (16 [FR Doc. 2018–05202 Filed 3–14–18; 8:45 am] Portola Road, Suite B, Ventura, CA 93001; telephone 805–644–1766. U.S.C. 1531 et seq.). Please refer to this BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: proposed rule for information on Stephen P. Henry, Field Supervisor, Federal actions prior to September 15, 2016. DEPARTMENT OF THE INTERIOR U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Under section 4(b)(6) of the Act, the Fish and Wildlife Service Road, Suite B, Ventura, CA 93003; Service is required to make a final telephone 805–644–1766. Persons who listing determination within 1 year from 50 CFR Part 17 use a telecommunications device for the the publication of the proposed rule, by deaf (TDD) may call the Federal Relay publishing either a final listing rule or [Docket No. FWS–R8–ES–2016–0078; a withdrawal of the proposed rule, or 4500030113] Service at 800–877–8339. SUPPLEMENTARY INFORMATION: extending the final determination by not RIN 1018–BB64 more than 6 months under certain Executive Summary circumstances specified in the Act. On Endangered and Threatened Wildlife Why we need to publish this July 19, 2017, the Service published a 6- and Plants; Withdrawal of the document. Under the Endangered month extension of the final Proposed Rule To List Chorizanthe Species Act, a species may warrant determination on the proposed parryi var. fernandina (San Fernando protection through listing if it is threatened status for C. parryi var. Valley Spineflower) endangered or threatened throughout all fernandina and reopened the comment AGENCY: Fish and Wildlife Service, or a significant portion of its range. period on the proposal for an additional Interior. Listing a species as an endangered or 30 days (82 FR 33035). After publication of the proposed rule ACTION: Proposed rule; withdrawal. threatened species can only be completed by issuing a rule. We issued in the Federal Register, the Service and SUMMARY: We, the U.S. Fish and a proposed rule to list Chorizanthe the Newhall Land and Farming Wildlife Service (Service), withdraw our parryi var. fernandina in 2016. This Company (Newhall Land) developed a September 15, 2016, proposed rule to document withdraws that proposed rule candidate conservation agreement (2017 list Chorizanthe parryi var. fernandina because, based on our evaluation of the CCA) for C. parryi var. fernandina to (San Fernando Valley spineflower), a best scientific and commercial implement conservation measures to plant from southern California, as a information available at this time, we improve the status of the plant. On threatened species under the have determined that threats have been November 13, 2017 (82 FR 52262), the Endangered Species Act of 1973, as reduced such that listing is no longer Service reopened the comment period amended (Act). This withdrawal is necessary for this plant. on the proposed rule to list C. parryi based on our conclusion that the threats The basis for our action. Under the var. fernandina as a threatened species to this plant, as identified in the Endangered Species Act, we can for an additional 30 days so that proposed rule, are no longer as determine that a species is an interested parties and the public could significant as we believed them to be endangered or threatened species based review and comment on the additional when we issued the proposed rule. We on any of five factors: (A) The present conservation measures provided by the base this conclusion on our analysis of or threatened destruction, modification, 2017 CCA. current and future threats and or curtailment of its habitat or range; (B) During all three comment periods on conservation efforts. We find the best overutilization for commercial, the September 15, 2016, proposed rule, scientific and commercial data available recreational, scientific, or educational the Service requested additional indicate that the threats to C. parryi var. purposes; (C) disease or predation; (D) information on the status of C. parryi fernandina and its habitat have been the inadequacy of existing regulatory var. fernandina or its habitat so that we reduced below the level where this mechanisms; or (E) other natural or could analyze this additional plant would meet the statutory manmade factors affecting its continued information as part of the final listing definition of threatened or endangered. existence. We have determined that process. As part of our analysis, we also Therefore, we are withdrawing our threats have been reduced such that evaluated the certainty of effectiveness proposal to list C. parryi var. fernandina listing is no longer necessary for this and certainty of implementation of the as a threatened species. plant. additional conservation measures that DATES: The proposed rule that Peer review and public comment. We the 2017 CCA signatories have published on September 15, 2016 (81 FR sought comments from independent committed to implement.

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Background land ownership, and potential threats— 0078. A summary of this analysis is is presented in the Species Report for included in the September 15, 2016, A thorough review of information that the San Fernando Valley Spineflower proposed rule (81 FR 63454) and we relied on in making this (Chorizanthe parryi var. fernandina) appears below. We used data specific to determination—including information (Species Report; Service 2016), available C. parryi var. fernandina when on taxonomy, life history, ecology, on the internet at http://regulations.gov available. population distribution and abundance, under Docket No. FWS–R8–ES–2016–

Current Abundance and Distribution occupies approximately 15–20 ac (6.1– magnitude, ranging from hundreds to Chorizanthe parryi var. fernandina 8.1 ha) (GLA 2000, p. 6; Sapphos 2001, millions of individuals. Therefore, currently occupies up to a total of 35– p. 5–2; Sapphos 2003a, p. 3; Cooper occupied area or distribution of the 40 acres (ac) (14–16 hectares (ha)) from 2015, pp. 8–10); the Santa Clarita populations is an appropriate surrogate two populations in Southern California population currently has a cumulative measure for plant population size. The that are 17 miles (mi) (27 kilometers occupied area of approximately 20 ac Santa Clarita population has roughly the (km)) apart (see Figure 1, above). The (8.2 ha) (Dudek 2010, p. 63). same occupied acreage as Laskey Mesa Laskey Mesa population is in Ventura Comparing annual numbers of C. but is more widely distributed across County, California, within the Upper parryi var. fernandina individuals over the landscape, scattered over a range of Las Virgenes Canyon Open Space time is complicated because: (1) 4 mi (6.4 km) from east to west, and 4 Preserve on land owned by the Santa Different methodologies and levels of mi (6.4 km) north to south. Monica Mountains Conservancy effort have been used to estimate Summary of Basis for Withdrawal (SMMC) and the Mountains Recreation population numbers across both extant Conservation Authority (MRCA) (SMMC populations during survey efforts since Based upon our review of the public 2015). The Santa Clarita population is in 1999; and (2) as is typical of many comments, comments from other Los Angeles County on land owned by annual plants, C. parryi var. fernandina Federal and State and County agencies, Newhall Land (Dudek 2010, pp. 16–17). shows inter-annual variation in partner and peer review comments (see The Laskey Mesa population currently abundance by several orders of Summary of Comments and

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Recommendations, below) and any new cumulative occupied spineflower Laskey Mesa); (4) proliferation of relevant information that may have habitat on Newhall Land property, Argentine ants (Linepithema humile) become available since the September totaling approximately 15 ac (6 ha). (Santa Clarita); (5) the potential effects 15, 2016, publication of the proposed Newhall Land has granted conservation of climate change (Santa Clarita and rule, we reevaluated our proposal. That easements to the CDFW over all of the Laskey Mesa); and (6) synergistic effects reevaluation is reflected in this SCP spineflower preserves. The SCP of the individual factors listed above document as follows: conservation measures include habitat (Santa Clarita and Laskey Mesa) (81 FR (1) Based on our analyses, the Service enhancement and creation for 63454; September 15, 2016). has determined that Chorizanthe parryi spineflower, and experimental The 2017 CCA outlines several new var. fernandina should not be listed as introduction of spineflower in areas conservation actions that will be a threatened species. This document outside of existing occupied habitat. enacted to address the current and withdraws the proposed rule published The SCP also includes management future threats that we identified in our on September 15, 2016 (81 FR 63454). actions within the preserves to reduce September 15, 2016, proposed rule (81 (2) This document summarizes and indirect effects of the proposed FR 63454). Additional conservation evaluates the 2017 CCA and provides an development (including those from measures of the 2017 CCA are discussed analysis using the Service’s Policy for nonnative, invasive grasses and below. We have also formally evaluated Evaluation of Conservation Efforts Argentine ants). Newhall Land is all 2017 CCA conservation measures When Making Listing Decisions (PECE) implementing an adaptive management pursuant to PECE, thereby taking all (68 FR 15100; March 28, 2003). See program for impacts under the SCP formalized conservation measures into Ongoing and Future Conservation (Dudek 2010a, p. 141) and the Argentine consideration before making our final Efforts, below. Ant Control Plan (Dudek 2014c, p. 22). determination of the status of the plant. (3) This document summarizes and Permanent conservation easements for The Service’s detailed PECE analysis, as evaluates the effects of the December 5, the preserves have been established. well as the 2017 CCA and exhibits, are 2017, Rye Fire to Chorizanthe parryi Newhall Land has already provided available for review at http:// var. fernandina at Newhall Ranch endowments to fund management and www.regulations.gov at Docket No. (Santa Clarita population). See monitoring of the SCP spineflower FWS–R8–ES–2016–0078. Summary of Biological Status and preserves, and will provide more The 2017 CCA provides for Newhall Factors Affecting the Species, below. funding in SCP endowments as required Land to voluntarily implement additional conservation measures Ongoing and Future Conservation by the ITP. The SCP is available at described in the introduction plan with Efforts http://www.regulations.gov under Docket No. FWS–R8–ES–2016–0078. the goal of enhancing the status of C. Below, we summarize conservation Newhall Land has also deposited parryi var. fernandina. The introduction efforts that provide benefits to C. parryi funds with the National Fish and plan provides for Newhall Land to var. fernandina that are already Wildlife Foundation for management of voluntarily establish new, protected C. occurring or are expected to occur in the C. parryi var. fernandina at the Laskey parryi var. fernandina occurrences future. We have also completed an Mesa population. The August 2014 PAR within the plant’s historical range that analysis of the newly initiated efforts in and September 2014 memorandum are expected to increase the resiliency of the 2017 CCA pursuant to PECE. The prepared by Dudek identify the the existing populations and expand the full PECE analysis can be found at management activities for C. parryi var. redundancy and representation of the http://www.regulations.gov at Docket fernandina at Laskey Mesa as part of the spineflower. Newhall Land will No. FWS–R8–ES–2016–0078. SCP (Newhall Land and Dudek 2014, voluntarily conserve an additional 1,498 Planned Conservation Measures entire). The funding is to be used for on- ac (606 ha) of its property for the benefit the-ground management activities that of C. parryi var. fernandina and carry For the Santa Clarita population, the include research studies, fencing, out additional conservation activities for California Department of Fish and weeding, surveys, annual reporting, and the plant within portions of those 1,498 Wildlife (CDFW) approved the 2010 other activities. When this funding ac (606 ha) and within an approximately Newhall Ranch Spineflower becomes accessible, we anticipate that 7-ac (2.8-ha) portion of the existing Conservation Plan (SCP) and issued an the MRCA will implement the identified CDFW Petersen Ranch Mitigation Bank incidental take permit (permit no. 2081– management activities. (see Figure 2, below) collectively called 2008–012–05, the ITP) under the The rest of the SCP, including the additional conservation areas California Endangered Species Act, construction monitoring, habitat associated with the CCA. C. parryi var. California Fish and Game Code section restoration, fencing and signing, and fernandina introduction will occur on a 2050–2085 (CESA) in 2010, for the SCP water control at the Santa Clarita total of at least 10 ac (4 ha) within the and proposed Newhall Land population, has not yet been additional conservation areas. development within the SCP area that implemented. The implementation will The additional conservation areas in would result in the partial removal of C. occur in phases associated with the the introduction plan are intended to parryi var. fernandina. The SCP serves Newall Ranch development project. further increase the distribution of C. as the mitigation and conservation plan Even with the conservation measures parryi var. fernandina within its historic for the purposes of the State ITP (CDFG in the SCP, the proposed rule identified range and include approximately 1,505 2010, p. 2). Through the SCP, the CDFW several threats that were still negatively ac (609 ha), as follows: (1) Three has required Newhall Land to provide acting on C. parryi var. fernandina and additional conservation areas totaling for the perpetual conservation and its habitat. Threats identified in the approximately 825 ac (334 ha) are management of seven spineflower proposed rule included: (1) Historical contiguous with or adjacent to the preserves within the Santa Clarita and future loss of habitat and existing San Martinez Grande and population, totaling 228 ac (92 ha), individuals from development (Santa Potrero preserves established under the located within the SCP enrolled lands Clarita); (2) having small, isolated SCP (all of which would be considered on Newhall Land property. The SCP populations (Santa Clarita and Laskey part of the Santa Clarita population, spineflower preserves contain Mesa); (3) presence of invasive, Areas 1–3 in Figure 2, below); (2) an approximately three-quarters of the nonnative plants (Santa Clarita and additional conservation area of 357 ac

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(144 ha) is located in the Simi Valley Mesa area in northern Los Angeles known extirpated population location watershed on the southern boundary of County, near a known extirpated (Area 6 in Figure 2). C. parryi var. Newhall Land property in Ventura population location (Area 4 in Figure 2); fernandina introduction will occur on a County (Area 5 in Figure 2); (3) an and (4) an additional conservation area total of at least 10 ac (4 ha) within the additional conservation area of is located in a 7-ac (2.8-ha) portion of additional conservation areas. approximately 316 ac (128 ha) is located the Petersen Ranch Mitigation Bank on Newhall Land property in the Castaic adjacent to Elizabeth Lake, also near a

In carrying out the additional fernandina introduction activities Conservation Areas. Newhall Land will conservation measures described in the within the additional conservation continue to conduct seeding trials introduction plan, Newhall Land will areas, and will fund one or more within each of the additional introduce C. parryi var. fernandina endowments to provide perpetual conservation areas in accordance with within portions of the additional management and monitoring within the the introduction plan. conservation areas with the goal of additional conservation areas, based on The first step for each introduction establishing at least two new self- a PAR. site is the establishment of seeding sustaining, persistent C. parryi var. Newhall Land began implementation trials. A series of initial seeding trials fernandina occurrences, at least one of of the introduction plan in 2016, by will be implemented at the proposed which will be in a different ecoregion commencing site investigations to introduction areas prior to widespread from the existing populations. Newhall identify the additional conservation introductions. The seeding trials are Land will put each of the additional areas and suitable C. parryi var. expected to take a minimum of 2 years conservation areas into permanent fernandina introduction sites within the to implement and obtain meaningful conservation to ensure that habitat additional conservation areas, and by results. The seeding trials will be values of the spineflower are commencing seeding trials within the followed by more widespread maintained. Newhall Land has funded San Martinez Grande Preserve introductions. The locations for an endowment for all initial habitat Expansion—Los Angeles County and widespread introductions will be based enhancement and C. parryi var. Potrero Preserve Expansion Additional on where seeding trials demonstrate a

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reasonable probability of success and actively growing and in bloom/seed. amount of information necessary to will occur on a minimum of 10 ac (4 ha) Additional monitoring at the sites will satisfy these criteria. within the additional conservation occur periodically throughout the year To consider that a formalized areas. Following the initial 10-year to determine the need for maintenance conservation effort contributes to implementation period for an additional measures related to protecting the forming a basis for not listing a species, conservation area under the introduction sites from weed invasion or listing a species as threatened rather introduction plan, and a determination or other disturbances. Reference sites than endangered, we must find that the made in consultation with the will be established within both the conservation effort is sufficiently certain Spineflower Adaptive Management Santa Clarita population and Laskey to be (1) implemented, and (2) effective, Working Group that newly occupied C. Mesa population to ensure that the so as to have contributed to the parryi var. fernandina habitat within the reference sites encompass the range of elimination or adequate reduction of additional conservation area contains conditions currently supporting C. one or more threats to the species one or more self-sustaining occurrences, parryi var. fernandina. A sufficient identified through the section 4(a)(1) Newhall Land or its designee will number of sampling plots will be conduct long-term management established to capture site variability so analysis. The elimination or adequate (including adaptive management), that, collectively, the reference sites are reduction of section 4(a)(1) threats may monitoring, and annual reporting of the representative of the range of conditions lead to a determination that the species newly occupied habitat within the of occupied habitat. Annual monitoring does not meet the definition of additional conservation areas in of the introduction sites will include at endangered or threatened, or is perpetuity. least three quantitative biological threatened rather than endangered. Enhancement activities in areas assessments each year, to be timed with An agreement or plan may contain surrounding introduction sites will be the peak of the growing season before numerous conservation efforts, not all of implemented prior to or concurrently plants have begun to desiccate, during which are sufficiently certain to be with C. parryi var. fernandina the flowering period of C. parryi var. implemented and effective. Those introduction. Anticipated enhancement fernandina, and during seed set conservation efforts that are not activities include passive and active (approximately February, May, and sufficiently certain to be implemented revegetation of native vegetation June). The quantitative monitoring and effective cannot contribute to a communities, including weed control to methods are established for the purpose determination that listing is ameliorate the threat of invasive, of collecting adequate data to be able to unnecessary, or a determination to list nonnative grasses. Enhancement analyze the relative success or failure of as threatened rather than endangered. activities will occur with an adaptive the introduction program in terms of Regardless of the adoption of a management approach that will achieving the project goals. Quantitative conservation agreement or plan, continue beyond the 10-year monitoring will begin in the first year maintenance and monitoring period and however, if the best available scientific after establishing seeding trials and will and commercial data indicate that the into the long-term management period. include monitoring of density, seed Targeted areas for habitat enhancement species meets the definition of production, seed viability, population ‘‘endangered species’’ or ‘‘threatened correspond to the sites identified for size, recruitment, and aerial extent. The introduction and an approximately species’’ on the day of the listing monitoring period will commence upon decision, then we must proceed with 50-ft (15-meter (m)) area surrounding initiation of seeding trials and continue introduction sites. appropriate rulemaking activity under for a period of 10 years. All C. parryi var. fernandina section 4 of the Act. Further, it is introduction sites will be closed to Summary of PECE Analysis important to note that a conservation public access. Existing dirt access roads plan is not required to have absolute and utility easement access roads within The purpose of PECE is to ensure certainty of implementation and the additional conservation areas will consistent and adequate evaluation of effectiveness in order to contribute to a function as the intended access points recently formalized conservation efforts listing determination. Rather, we need to the introduction sites for the project when making listing decisions. The to be certain that the conservation biologist, landscape contractor, utility policy provides guidance on how to efforts will be implemented and personnel, and emergency services evaluate conservation efforts that have effective such that the threats to the vehicles (e.g., police, fire, and medical). not yet been implemented or have not species are reduced or eliminated. Signs identifying restricted land and yet demonstrated effectiveness. The Using the criteria in PECE (68 FR discouraging unauthorized access/entry evaluation focuses on the certainty that 15100, March 28, 2003), we evaluated into the introduction sites will be the conservation efforts will be the certainty of implementation (for posted on all gates providing access to implemented and effective. The policy introduction sites, adjacent to any roads presents nine criteria for evaluating the those measures not already that border introduction sites, and along certainty of implementation and six implemented) and effectiveness of any introduction site fencing. The signs criteria for evaluating the certainty of conservation measures pertaining to will indicate that enhancement effectiveness for conservation efforts. Chorizanthe parryi var. fernandina. The activities are in progress and that the These criteria are not considered Service’s detailed PECE analysis is areas are to be protected. comprehensive evaluation criteria. The available at http://www.regulations.gov The introduction plan describes in certainty of implementation and the at Docket No. FWS–R8–ES–2016–0078. detail the biological monitoring of the effectiveness of a formalized As summarized below, we have introduction sites that will be conservation effort may also depend on determined that there is sufficient conducted to determine the status of species-specific, habitat-specific, certainty that the conservation efforts introduced C. parryi var. fernandina location-specific, and effort-specific outlined in the 2017 CCA will be through monitoring and collection of factors. We consider all appropriate implemented and effective, and qualitative and quantitative data. factors in evaluating formalized significantly reduce the identified Monitoring will occur in the winter and conservation efforts. The specific threats and their impacts to C. parryi spring of each year while the plants are circumstances will also determine the var. fernandina and its habitat.

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Summary: Certainty That Conservation management program of the information and assumptions used for Efforts Will Be Implemented conservation efforts. listing determination is scientifically In conclusion, we have a high level of sound. In accordance with our peer We have certainty that the certainty that the conservation measures review policy published on July 1, 1994 conservation efforts will be in the 2017 CCA will be implemented (59 FR 34270), we solicited expert implemented because the (for those measures not already begun) opinion from six independent implementation of the 2017 CCA has and effective, and thus they can be specialists with scientific expertise in already begun and funding has been considered as part of the basis for our the biology of Chorizanthe parryi var. secured, providing certainty that final listing determination for fernandina biology, habitat, physical or funding will continue to be available to Chorizanthe parryi var. fernandina. biological factors, or threats. We implement the conservation efforts. The Summary of Comments and received responses from all six peer seeding trails began in 2016, restrictive Recommendations reviewers. We reviewed the comments covenants have been placed over the we received from the peer reviewers for CCA additional conservation areas on In the proposed rule published on substantive issues and new information Newhall Property, consent has been September 15, 2016 (81 FR 63454), we regarding the listing of C. parryi var. obtained to perform C. parryi var. requested that all interested parties fernandina. Peer reviewer comments are fernandina introduction within the submit written comments on the addressed in the following summary Peterson Mitigation Bank, and the proposal by November 14, 2016. We and incorporated into this withdrawal endowment for the initial phases of also contacted appropriate Federal and document as appropriate. implementing the CCA has been State agencies, Tribes, scientific experts Comment (1): Three peer reviewers established. In addition, the parties to and organizations, and other interested stated that Argentine ants are likely to the CCA have the legal and regulatory parties and invited them to comment on impact C. parryi var. fernandina authority to implement the agreement, the proposal. On July 19, 2017, we pollinators at Newhall Ranch, which which includes an implementation published a 6-month extension of the could result in a species-level threat to schedule (including incremental final determination on the proposed the reproductive potential of the plant. completion dates) for the conservation threatened status for C. parryi var. Given potential ant control methods in efforts. fernandina (82 FR 33035) and reopened existence, the peer reviewers the comment period on the proposal for recommended that qualified pest Summary: Certainty That Conservation an additional 30 days, ending August control professionals and conservation Efforts Will Be Effective 18, 2017. On November 13, 2017, we managers be allowed to review and published a document (82 FR 52262) approve any control or mitigation plan. We have certainty that the that again reopened the comment period They stated that, for such a plan to be conservation efforts will be effective on the September 15, 2016, proposed effective, it will require constant because the nature and extent of threats rule for an additional 30 days, ending vigilance and a substantial financial is adequately addressed in the 2017 December 13, 2017, so that interested investment. CCA, including improving resiliency of parties and the public could review and Response: In our proposed rule (81 FR the Santa Clarita population, increasing comment on the additional conservation 63454; September 15, 2016), we the number of ecoregions in which the measures provided by the 2017 CCA. determined that loss of habitat and plant is represented, and adding to the During all three comment periods, individuals and the associated edge overall redundancy of the species. In which totaled 120 days, the Service effects (i.e., proliferation of Argentine addition, the combined factors of requested any additional information on ants) at the Santa Clarita population are documented success with other the status of C. parryi var. fernandina or likely to decrease habitat quality, Chorizanthe introductions, the its habitat so that we could analyze this reducing resiliency at this population. introduction site selection based on additional information as part of the The additional conservation areas that scientific analysis of occupied sites, final listing process. We did not receive will be established as part of the CCA, positive results of 2016 spineflower any requests for a public hearing. including the three additional seeding trials, and the accompanying During the three comment periods on conservation areas totaling enhancement program to aid the proposed rule, we received six peer- approximately 825 ac (334 ha) that are establishment and persistence provide review comment letters and four public contiguous with or adjacent to the the rationale and optimism for comment letters on the proposed rule, existing San Martinez Grande and effectiveness of the introduction one public comment letter on the 6- Potrero spineflower preserves program. Further, explicit objectives for month extension, and five public established under the SCP (all of which the conservation efforts are defined and comment letters on the reopening of the would be considered part of the Santa the associated dates for achieving them comment period for the 2017 CCA Clarita population), are intended to are stated. Quantifiable, scientifically directly addressing the proposed listing buffer the Santa Clarita population from valid parameters are identified that will of Chorizanthe parryi var. fernandina. detrimental effects of loss of habitat and help demonstrate achievement of the Submitted comments were both for and individuals and the associated edge objectives. Finally, Newhall Land has against listing the species. We also effects, including Argentine ant funded an endowment for the initial received comments that were not related invasion. implementation of the 2017 CCA. For to the proposed listing of Chorizanthe As of February 2016, Argentine ants ongoing (in-perpetuity) management parryi var. fernandina. All substantive were present within two preserves at the and monitoring associated with the information provided during the Santa Clarita population, Entrada and CCA, Newhall Land has committed to comment periods has either been Potrero (Dudek 2016, pp. 17, 20). fund additional endowments. Input incorporated directly into this Therefore, the additional conservation from the Spineflower Adaptive withdrawal or is addressed below. area adjacent to the existing Potrero Management Working Group, which is preserve is at risk of invasion by already in place, will be sought to guide Peer Review Argentine ants. However, the two the management, monitoring, and The purpose of peer review is to additional conservation areas adjacent planning activities of the adaptive ensure that our analysis of the to the existing San Martinez Grande

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preserve are farther from existing or seeds produced by self-pollination stated in the Species Report that seed proposed development (see Figure 2, suffer inbreeding depression compared germination of a related taxa, Parry’s below). None of the adjacent land uses to seeds produced by out-crossing, and spineflower (C. parryi var. parryi), near San Martinez Grande poses a (d) how much nectar or other rewards appears to be inhibited by fire (Ellstrand heightened threat of Argentine ant the flowers offer to pollinators. 1994 and Ogden 1999, in CBI 2000, pp. invasion (Dudek 2016, p. 6); therefore, Response: A wide range of arthropods 4, 13), but despite the inhibitory effect these additional conservation areas are have been observed visiting flowers in of direct scorching, fire may prove not expected to be at risk of invasion of the vicinity of C. parryi var. fernandina beneficial to C. parryi var. fernandina Argentine ants and should contribute to plants in the field. Jones et al. (2009) by creating openings in ground cover C. parryi var. fernandina numbers and conducted a series of dawn-to-dusk and temporarily reducing competition recruitment at the Santa Clarita surveys at Laskey Mesa in 2001, and at (CBI 2000, p. 13). We agree that population. Santa Clarita in 2004. During these additional research on the C. parryi var. The 2017 CCA requires that annual surveys, more visits were made to plants fernandina seed bank would be useful Argentine ant monitoring be conducted by the pyramid ant (Dorymyrmex to inform future efforts to expand as part of the ongoing habitat insanus) than any other ant taxon; the existing populations and reintroduce maintenance and describes appropriate southern fire ant (Solenopsis xyloni) plants to historical sites. control measures consistent with the visited in much smaller numbers; and Comment (4): One peer reviewer Argentine Ant Control Plan for Newhall little red ant (Forelius mccooki) was an asked if there is evidence that ants Ranch (Dudek 2014, entire). If Argentine important visitor at the Santa Clarita secrete a substance that causes pollen ants invade, Newhall Land proposes populations (Jones et al. 2010, p. 165). grains to burst. control methods as part of an integrated Jones et al. (2010) examined the Response: Some ants have chemical pest management plan, which will be effects the pyramid ant on spineflower secretions from the metapleural gland both to remove Argentine ants and seed production at Ahmanson Ranch that reduce pollen viability and mitigate for the absence of native with an exclusion study. They found germination (Beattie et al 1984). pollinators within the preserves (Dudek that fruit set was 57 percent higher in However, from data presented by Jones 2014c, pp. 25–42). Qualified pest flowers exposed to ant visitation, et al. (2010), it appears to not be a control professionals and conservation compared to 27 percent in control problem for C. parryi var. fernandina. managers will review and approve any flowers where ants were excluded. Data As noted above, seed production and control or mitigation plan. The indicate that 27 percent of seed set the seed germination rate were much endowment associated with long-term occurred where all potential pollinators higher in the presence of ants, management and monitoring of the were excluded, suggesting that SFVS is indicating that the presence of ant additional conservation areas would not productive at self-pollination (Jones pollinators actually increases the provide the substantial financial et al. 2010, p. 166). This would seem to viability of the seeds. Further, Jones et investment needed to implement this indicate that the viability of seeds al. (2010) suggest that ant pollination plan. produced by self-pollination is much may be more prevalent in drier climates Chorizanthe parryi var. fernandina lower than those produced by the cross- and that ant production of inhibitory introduction sites in the 2017 CCA pollinating actions of ants and other substances may not be a severe outside of the Santa Clarita population insect pollinators, and may reflect limitation to their function as include an additional conservation area inbreeding depression in self-produced pollinators. of 357 ac (114 ha) located in the Simi seeds. Comment (5): One peer reviewer Valley watershed on the southern Comment (3): One peer reviewer asked if there is adequate management boundary of Newhall Land property in stated that C. parryi var. fernandina of the State of California’s conserved Ventura County; an additional seeds are not likely prompted to site (Laskey Mesa), and what specific conservation area of approximately 316 germinate by smoke or other features of management at this site benefits the ac (128 ha) located on Newhall Land fire, but that this needs to be studied spineflower. property in the Castaic Mesa area in more specifically. Also, studies should Response: In 2010, CDFW issued an northern Los Angeles County, near a be done to determine how long seeds ITP under CESA to Newhall Land. The known extirpated population location; last and what proportion of seeds ITP requires Newhall Land to provide and an additional conservation area germinate under various conditions. guaranteed long-term funding for the located in a 7-ac (2.8-ha) portion of the This information is needed to management of the C. parryi var. Petersen Ranch Mitigation Bank successfully introduce or reintroduce C. fernandina population at Laskey Mesa adjacent to Elizabeth Lake, also near a parryi var. fernandina into additional (CESA ITP# 2081–2008–012–05) (CDFG known extirpated population location. sites near existing or historical sites. 2010, p. 17; Newhall Land and Dudek Argentine ants are not considered to be Response: C. parryi var. fernandina is 2014, entire). On September 25, 2014, a significant long-term risk to C. parryi typical of many winter-spring native Newhall Land made the required var. fernandina at these introduction annuals that occur in the Mediterranean deposit for the endowment at Laskey sites because the sites are all well climate of California. Germination Mesa (K. Drewe 2016b, pers. comm.). separated from areas supporting occurs following the onset of sufficient Newhall Land cannot withdraw the potential source populations of late-fall and winter rains and typically funding for this account, and there is Argentine ants, such as urban represents different cohorts from the nothing in the ITP that would allow the development areas. seed bank. Because C. parryi var. funding to be returned to Newhall Land Comment (2): Two peer reviewers fernandina is sensitive to annual levels (K. Drewe 2016a, b, pers. comm.). questioned the available data on C. of rainfall, germination of resident seed The CDFW, SMMC, and National Fish parryi var. fernandina pollinators and banks may be low or nonexistent in and Wildlife Foundation will execute suggested that experiments should be unfavorable years, with little or no the agreement that requires the done to determine: (a) If C. parryi var. visible aboveground expression of the endowment be spent for the fernandina can effectively self-pollinate, plant, but a seedbank would be present. conservation and management of C. (b) if the plants make seeds when The direct effects of fire on C. parryi parryi var. fernandina at Laskey Mesa pollinators are excluded, (c) whether var. fernandina are not known. We (K. Drewe 2016a, b, pers. comm.;

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Newhall Land and Dudek 2014, entire). plant was known from no fewer than 10 restoration plans at the Santa Clarita The August 2014 PAR and September additional locations in Los Angeles and population. 2014 memorandum completed by Orange Counties. However, the scope of Response: Nonnative, invasive plants Dudek (Newhall Land and Dudek 2014, our stressor analysis was only the two are abundant at Laskey Mesa and Santa entire) contains the management extant populations because there is Clarita, and reduce available habitat. activities for C. parryi var. fernandina at limited value in evaluating the potential They compete with C. parryi var. Laskey Mesa (CDFW, in litt. 2016). The for stressors in areas where the species fernandina for light, water, and soil endowment is to be used for on-the- is no longer considered extant. We nutrients; increase potential for wildfire; ground activities that include research presented our analysis of threats to the and alter pollinator communities. The studies, fencing, weeding, surveys, existing populations in our Species August 2014 PAR and September 2014 annual reports, and other activities that Report. Currently, there is no threat of memorandum outline the management will benefit the plant. The agreement development and there will be no activities to be undertaken at Laskey between CDFW and SMMC that would development in the future at Laskey Mesa for C. parryi var. fernandina. The allow SMMC access to the endowment Mesa because the property is owned and funding for these actions is set aside in funds is currently undergoing internal managed by the SMMC and the MRCA. the form of a non-wasting endowment. review within CDFW. Development was considered a future The endowment will fund on-the- Comment (6): One peer reviewer threat to the Santa Clarita population. ground activities, such as weeding and pointed out that while the SCP provides However, the additional conservation other methods to control the impacts of for a number of preserves to be areas proposed in the CCA are intended nonnative invasive plants. We established, some of the preserves do to further increase the number and anticipate that MRCA will address the not afford great protection for the extent of C. parryi var. fernandina abundance of nonnative vegetation at spineflower. For example, the proposed within its historical range, which will Laskey Mesa once they implement the preserve area at Entrada shows that a reduce the threat of development at this management activities for C. parryi var. large portion of the spineflower patches population. We considered whether fernandina at that site. are located within a utility easement. there are any known threats or potential At the Santa Clarita site, development Plants could easily be destroyed by large stressors to the spineflower on these of Newhall Ranch would remove ground equipment activity in the easement. additional conservation areas, and coverage of nonnative plants. However, Response: The Entrada preserve is determined them to be suitable for C. part of this development will create connected to open space via an existing parryi var. fernandina. All of these will urban edges that would border some of and frequently-maintained utility be in permanent conservation where the preserves. Nonnative weedy species corridor. There may be risk to these development will be precluded. are often edge species and become more plants from large equipment. This is one Comment (8): One peer reviewer prevalent or increase in abundance to reason why it is important to establish stated that the open structure of the the detriment of native species. additional C. parryi var. fernandina vegetation in which C. parryi var. Therefore, Newhall Land has proposed occurrences at the Santa Clarita fernandina occurs suggests that external to restore C. parryi var. fernandina population, including three additional effects are likely to penetrate deeply habitat and implement measures as part conservation areas totaling into patches. The very small stature of of the development of Newhall Ranch to approximately 825 ac (334 ha) that are C. parryi var. fernandina plants makes reduce the abundance and impact of contiguous with or adjacent to the them likely to be especially vulnerable nonnative vegetation at this site. existing San Martinez Grande and to disturbances such as trampling and Overall, nonnative, invasive plants Potrero preserves. These areas are erosion. Therefore, it seems likely that currently act as a moderate-level intended to expand the area of protected recreational impacts on the species will stressor to C. parryi var. fernandina and conservation land for C. parryi var. increase, particularly in Santa Clarita, its habitat. The management activities at fernandina and increase the extent of where the proximity to high densities of Laskey Mesa and the conservation protected occurrence locations within humans will increase in the proposed measures at Santa Clarita are likely to the Santa Clarita population. developments. reduce the direct impact of nonnative, Comment (7): One peer reviewer Response: We recognize edge effects invasive plants to a low-level stressor. suggested that we might have conducted of increased trampling and soil The enhancement areas surrounding the our assessment of the current impact compaction from recreation. Recreation 2017 CCA introduction sites are level of development on C. parryi var. has minimal direct effects on C. parryi intended to help minimize invasion of fernandina over a wider geographic var. fernandina habitat because nonnative plant species, which could area, to encompass its former geographic recreation does not occur in the same degrade the quality of the habitat for C. range. The peer reviewer emphasized areas where C. parryi var. fernandina parryi var. fernandina occupation in the that it is clear that habitat loss and other occurs. Even though the plant is small additional conservation areas. factors associated with development in stature and may grow in open areas, Comment (10): One peer reviewer (agricultural and urban) are the reasons such as old roads, making it vulnerable questioned our prediction that future C. parryi var. fernandina now occurs in to trampling, there are currently no fire effects will be low. The proposed just two localities at the edge of the Los trails that overlap the plant’s plan for development in Santa Clarita Angeles metropolitan area. Moreover, occurrences, and we do not expect trails will put Chorizanthe parryi var. all of the stressors discussed in the to overlap the plant’s occurrences in the fernandina within the urban-wildland proposed listing document have strong future. Additionally, all additional interface and thereby should increase links to development. conservation areas provided for in the the potential for fire to affect population Response: C. parryi var. fernandina is 2017 CCA will be closed to the public. patches. currently known from only two Comment (9): One peer reviewer Response: We anticipate that wildfire populations in southern California that questioned our assessment that the will occur in the future, based on the are 17 mi (27 km) apart, one in Ventura impact of invasive, nonnative plants on historical fires that have occurred in County (Laskey Mesa population) and C. parryi var. fernandina will decrease these areas and because wildfire is a one in Los Angeles County (Santa with time from moderate today to low natural phenomenon in southern Clarita population). Historically, the in the future, as a result of ecological California. Additionally, both

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populations are surrounded by native annuals like C. parryi var. reviewer did not believe any of these residential and commercial fernandina. restoration and management activities developments, and fire frequency tends Monitoring conducted under the SCP have been initiated. to increase at the urban-wildland will continue to evaluate the Response: There was a 2003 interface (Dudek 2010a, p. 136). performance of C. parryi var. fernandina settlement agreement executed between Furthermore, due to climate change, within the SCP preserves, and if the Newhall Land and CDFW following an drier conditions may result (PRBO monitoring shows that management is onsite investigation that occurred in Conservation Science 2011, pp. 41–42). needed to address direct or indirect 2002. This resulted in establishing two However, because the fire intervals at effects of the fire, such as an increase in permanent conservation easements, one these two populations have been nonnative, invasive grasses, measures at Airport Mesa and one at Grapevine relatively short in recent history, we do will be incorporated into annual work Mesa, totaling approximately 64 ac (26 not anticipate an increased fire plans as required by the SCP and ha). The settlement agreement required frequency at Laskey Mesa or Santa reviewed by the Spineflower Adaptive that a management plan for the plant be Clarita. Management Working Group. The prepared, funded, and implemented in At Santa Clarita, proposed primary management activities we those two areas as mitigation for development in the area will break up anticipate to occur post-fire in the SCP impacts affiliated with that large expanses of potential fuels and preserves involves monitoring and investigation. may reduce the risk of wildfire, but controlling weeds that may invade Comment (14): One peer reviewer human-caused ignition may increase burned areas following a fire event, stated that creating small rare plant with increasing human presence and specifically if weeds exceed 30 percent preserves under the SCP has the potential to reduce long-term success to traffic. However, fire protection in the relative cover (Dudek 2017, p. 7). Comment (11): One peer reviewer maintain a viable population into the surrounding areas is also expected to noted that because the historical range future, as this eliminates connectivity to increase because of the need to avoid of C. parryi var. fernandina has been adjacent habitats to which populations loss of life and property; therefore, it is reduced, and now the plant has only might have migrated, beyond the anticipated that any fires in the SCP two isolated populations, the plant’s borders of the preserve boundaries. preserves will be lighter rather than heterozygosity (having a varied genetic Response: The 2017 CCA establishes heavier in intensity (Dudek 2010a, p. makeup) may be considerably reduced. additional C. parryi var. fernandina 136). In addition, if fire-control lines or Response: While we agree that C. occurrences at the Santa Clarita other forms of bulldozer damage occur parryi var. fernandina likely has population, including three additional within the preserves, Newhall Land reduced heterozygosity due to a reduced conservation areas totaling proposed to repair and revegetate these range as compared to the historical approximately 825 ac (334 ha) that are areas to pre-burn conditions (Dudek distribution, the genetic characteristics contiguous with or adjacent to the 2010a, pp. 135–137). In our assessment have not been investigated. Dr. Deborah existing San Martinez Grande and of climate change, we analyze that drier Rodgers is currently conducting Potrero preserves established under the conditions in the future may result in research into genetic structure of C. SCP. This will allow C. parryi var. increased fire frequency, making the parryi var. fernandina and potential fernandina populations to expand into ecosystems in which a species currently degree of inbreeding depression (Dudek the area of protected conservation land, grows more vulnerable to threats of 2015, p. 2; Dudek 2016c, p. 9). and increase the extent of protected nonnative plant invasion. Comment (12): One peer reviewer spineflower occurrence locations within The December 2017 Rye Fire burned pointed out that nitrogen deposition the Santa Clarita population. four out of seven of the SCP preserves associated with fossil fuel combustion is Comment (15): One peer reviewer on Newhall Ranch. The intensity of the a potential stressor to C. parryi var. stated that there are six other species in fire was diagnosed as being light fernandina, and this was not discussed the genus Chorizanthe in California that (Watershed Emergency Response Team in the Species Report. Several recent have been listed under the Act as 2018, pp. 18–20). Numerous previous studies have shown that nitrogen can endangered species, all of which have wildfire events have occurred on have important consequences to native larger populations than C. parryi var. Newhall Ranch since 1913, including at and nonnative plant species in southern fernandina. The Service’s listing of least 12 since 1983 (excluding the 2017 California although there is no these other plants as endangered has Rye Fire), and several of these fires have information available about how established a precedent for endangered affected extensive areas of habitat nitrogen deposition has affected C. plants of this genus. occupied by the spineflower (Dudek parryi var. fernandina and its Response: The Service evaluates each 2017, p. 10). Chorizanthe parryi var. ecosystem. species individually, using the best fernandina monitoring began on Response: Because there is no available scientific and commercial Newhall Ranch in 2002. Two fires have information available about how information on that species, in making affected the Santa Clarita population nitrogen deposition has affected C. a listing determination. There are many since then. The 2003 Verdale Fire parryi var. fernandina and the factors and reasons why a determination burned the Homestead North Project ecosystem it occupies, we did not for one species may be different than Site, including almost the entire San analyze it in our stressor analysis. that for another species. The fact that a Martinez Grande preserve. The 2007 Comment (13): One peer reviewer species has been determined to be Magic Fire burned portions of the stated that Newhall Land may have endangered under the Act does not Grapevine Mesa and Entrada preserves. destroyed C. parryi var. fernandina mean that other species within the same Both the 2003 Verdale Fire and the 2007 subpopulations on Newhall Ranch lands genus also automatically meet the Act’s Magic Fire occurred in October, after in the past, and investigations were definition of endangered. spineflower surveys had been purported to be initiated by CDFW into Comment (16): One peer reviewer conducted for that year. The biggest possible violation. This resulted in an stated that the introduction plan concern is that fire may promote the agreement by Newhall to actively provided for by the 2017 CCA is more invasion and spread of nonnative, manage and restore C. parryi var. appropriately addressed under a C. invasive grasses that outcompete small fernandina habitat. However, the parryi var. fernandina recovery plan

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than as part of the proposed listing rule. directly remove 25 percent of the C. totaling approximately 825 ac (334 ha) The success or failure of the proposed parryi var. fernandina population at that are contiguous with or adjacent to plan will likely require decades to Santa Clarita, and the vast majority of the existing San Martinez Grande and determine. The use of positive outcomes the remaining 75 percent of this Potrero preserves established under the can only occur after a measured success. population would be surrounded and SCP. These expansion areas will aid Since the effectiveness of proposed bordered by residential and commercial connectivity of populations, as well as conservation measures cannot be development. While the data may not establish new populations. evaluated for many years, it is show a trend over the survey period, Comment (19): Future habitat premature to rely on potential future reducing the population by 25 percent conditions in C. parryi var. fernandina success of these measures when and fragmenting the remaining preserves will generally be resistant to determining the vulnerability of C. populations introduces new stressors permanent Argentine ant invasions. parryi var. fernandina. into the population that will affect the Consequently, there is little risk of long- Response: We stated in the proposed persistence of the plant over the next 25 term infestation by Argentine ants in rule (81 FR 63454, September 15, 2016, years at this population. numbers sufficient to permanently see p. 63458) that we will formally The 2017 CCA establishes additional displace arthropods that provide evaluate all measures included in C. parryi var. fernandina occurrences at pollinator and seed dispersal services. Newhall Land’s conservation strategy the Santa Clarita population, including Response: Our analyses in the Species using PECE before making our final three additional conservation areas Report indicate that if Argentine ants determination of the status of the plant. totaling approximately 825 ac (334 ha) invade an area, they are likely to In determining whether a formalized that are contiguous with or adjacent to permanently displace arthropods that conservation effort contributes to the existing San Martinez Grande and provide pollinator and seed dispersal forming a basis for not listing a species, Potrero preserves established under the services (Service 2016, pp. 44–62). or for listing a species as threatened SCP. These areas are intended to expand Argentine ants are present on Newhall rather than endangered, we must the area of protected conservation land Ranch in at least two SCP preserves evaluate whether proposed conservation for C. parryi var. fernandina and (Entrada and Potrero), and within the efforts improve the status of the species increase the extent of protected open space that acts as a corridor under the Act. Two factors are key in occurrence locations within the Santa between the SCP preserves, the Santa that evaluation: (1) For those efforts yet Clarita population to buffer it from the Clara River (Dudek 2016b, pp. 17, 20). to be implemented, the certainty that detrimental effects of loss of habitat and It is therefore reasonable to assume that the conservation effort will be individuals and the associated edge conditions are currently suitable for implemented; and (2) for those efforts effects, which should increase Argentine ants within at least two that have not yet demonstrated persistence of the plant over the next 25 preserves. Argentine ants are assumed effectiveness, the certainty that the years at this population. to be present throughout the conservation effort will be effective. In Comment (18): One commenter stated development and are expected to be our PECE analysis of the 2017 CCA for that the Species Report overstates the the spineflower, we found that there is extent to which habitat fragmentation present in the open areas adjacent to the a high degree of certainty that the will affect C. parryi var. fernandina. The preserves in the future post- conservation measures under the plan commenter stated that C. parryi var. development (Dudek 2010a, p. 130). will be implemented, and a high degree fernandina preserves and large, Also, Dudek (2016b, pp. 5–18) states of certainty that the conservation connected open spaces within and that five out of the seven SCP preserves measures will be effective. Please see around the Newhall Land property (82 percent of the total preserve area) the full PECE analysis at http:// development areas will preserve have a ‘‘high potential for serious www.regulations.gov at Docket No. connectivity for mobile pollinators such encroachment or invasion of Argentine FWS–R8–ES–2016–0078. as honeybees and potential seed ants’’ given current and proposed dispersers, maintaining opportunities adjacent land uses. Public Comments for genetic exchange between preserves. The 2017 CCA states that annual Comment (17): One commenter stated C. parryi var. fernandina preserve Argentine ant monitoring will be that McGraw (2012) found a strong management, including habitat conducted as part of the ongoing habitat positive correlation between percentage restoration and enhancement, will maintenance, and appropriate control of the mapped cumulative footprint maintain and enhance floral and other measures consistent with the Argentine supporting C. parryi var. fernandina in habitat resources in the preserves for Ant Control Plan for Newhall Ranch a given year and total annual rainfall. pollinators and seed dispersers. (Dudek 2014, entire) will be However, the data of acres occupied Response: Development of Newhall implemented in the event that invasion annually by C. parryi var. fernandina Ranch will remove some occurrences occurs. If Argentine ants invade, demonstrate that there is no apparent that connect, or are intermittent Newhall Land proposes control methods overall increase or decreasing trend over between, the larger concentrations of C. as part of an integrated pest the last 17 years; therefore, there is no parryi var. fernandina in the designated management plan to remove Argentine reason to expect a trend change in the preserves. Removing some of the ants and mitigate for the absence of next 25 years based on the best available smaller scattered populations outside native pollinators within the preserves information. the preserves will likely make the (Dudek 2014c, pp. 25–42). Qualified Response: Interannual variability in distances between remaining pest control professionals and total annual rainfall is a major driver of concentrations of C. parryi var. conservation managers will review and the variability in C. parryi var. fernandina larger and make the habitat approve any control or mitigation plan. fernandina’s distribution, but additional that supports the plant more isolated. Argentine ants are not considered to be factors, including temperature, timing of However, the implementation of the a significant long-term risk to C. parryi precipitation in fall or winter, and 2017 CCA will establish additional C. var. fernandina at the introduction sites drought, may also play a role (McGraw parryi var. fernandina occurrences at outside the Santa Clarita population 2012, p. A–6). The proposed the Santa Clarita population, including because they are all well separated from development of Newhall Ranch would three additional conservation areas areas supporting potential source

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populations, such as urban development populations; this can be related to the presence of specific soil types and areas. distribution of populations within the geomorphological conditions (including Comment (20): One commenter stated variation in a species’ ecological specific substrate, elevation, and that in the proposed rule (81 FR 63454; settings. Historically, there were no aspect); (e) minimal environmental September 15, 2016), the Service’s fewer than 10 C. parryi var. fernandina threats; and (f) availability of arthropods conclusion that there may not be populations across southern California, that can facilitate pollination to ensure sufficient redundancy to sustain C. representing at least five ecoregions of higher achene (seed head) set and parryi var. fernandina over the long the conterminous United States. ensure genetic diversity. term is overstated, because evidence Ecoregions denote areas of general Response: The 2017 CCA includes a indicates the long-term threats to similarity in ecosystems through commitment to significant planning, redundancy can be effectively managed analysis of patterns of biotic and abiotic resources, ongoing scientific observation through habitat restoration in the phenomena, including geology, and study, adaptive management, and preserves, management of Argentine physiography, vegetation, climate, soils, incorporation of most current plant and ants, and introduction of C. parryi var. land use, wildlife, and hydrology. environmental science. Newhall Land fernandina into non-preserve areas. Currently, there are only two C. parryi will cause permanent conservation Response: Redundancy does not just var. fernandina populations, 17 mi (27 instruments to be recorded over each of refer to the population at Santa Clarita km) apart, representing only one the additional conservation areas in but refers to the ability of a species to ecoregion. which C. parryi var. fernandina is compensate for fluctuations in or loss of The goal of the 2017 CCA is to established to ensure that the habitat populations across the species’ range establish at least two new self- values for the species are maintained, such that the loss of a single population sustaining, persistent C. parryi var. minimizing environmental threats. has little or no lasting effect on the fernandina occurrences, at least one of Newhall Land will fund all initial structure and functioning of the species which will be in a different ecoregion habitat enhancement and C. parryi var. as a whole. Multiple interacting from the existing populations to fernandina introduction activities populations across a broad geographic increase the number of ecoregions in within the additional conservation area provide insurance against the risk which the plant is represented. The two areas, and will fund one or more of extinction caused by catastrophic existing C. parryi var. fernandina endowments to provide perpetual events. Because historically there were populations are located in the Venturan- management and monitoring within the no fewer than 10 additional populations Angeleno Coastal Hills ecoregion. The additional conservation areas. across Los Angeles and Orange Counties additional conservation area in the To address availability of seed source, in Southern California, and currently Castaic Mesa area in northern Los it is anticipated that there will be there are 2 populations, redundancy is Angeles County, near a known opportunities for topsoil salvage from C. decreased for C. parryi var. fernandina. extirpated population location, is within parryi var. fernandina occupied areas If either of the two extant populations the Southern California Lower Montane within the proposed developments on were permanently lost, the redundancy Shrubland Woodland ecoregion. The Newhall Land property at the Santa would be further lowered, thereby additional conservation area located in Clarita population. In addition, a phased decreasing the plant’s chance of survival the Petersen Ranch Mitigation Bank approach will provide lead time to in the face of potential environmental or adjacent to Elizabeth Lake near a known conduct wild seed collections (and to demographic stochastic factors and extirpated population location is within grow these seeds in a controlled nursery catastrophic events (e.g., wildfire, the Arid Montane Slopes ecoregion. setting to bulk seed, if necessary) to extreme drought). Establishing at least two new self- acquire the necessary seed resources to The additional conservation areas sustaining, persistent C. parryi var. implement C. parryi var. fernandina proposed in the 2017 CCA are intended fernandina occurrences where at least introduction in the various areas. to increase the number and extent of C. one is in a different ecoregion from the To address the need for appropriate parryi var. fernandina populations existing populations may improve the climatic and hydrologic conditions and within its historical range and increase ability of the plant to adapt to changing the presence of specific soil types and redundancy. The CCA provides for environmental conditions into the geomorphological conditions, the Newhall Land to introduce C. parryi var. future. additional conservation areas were fernandina within portions of the Comment (22): One commenter stated selected based on proximity to extant C. additional conservation areas with the that long-term establishment of C. parryi parryi var. fernandina populations, goal of establishing at least two new var. fernandina is feasible. Efforts to do proximity to extirpated historical self-sustaining, persistent occurrences to so will require a commitment to locations, availability of undeveloped increase the redundancy of the species. significant planning, resources, ongoing open space, surrounding land uses, and Comment (21): One commenter stated scientific observation and study, land ownership. Some other areas were that the seven C. parryi var. fernandina adaptive management, and considered, but rejected due to lack of preserves will help maintain the incorporation of most current plant and conserved open space, unsuitable existing representation of the plant on environmental science. Constraints to conditions, or untenable land Newhall property. Likewise, the establishment of new populations of C. ownership situations. Once potential endowment for management of the parryi var. fernandina include: (a) sites were identified, the sites that best Laskey Mesa population will also Availability of seed source due to met the identified parameters that contribute to continued representation physical and morphological reasons; (b) appear to favor occupation by C. parryi of that population. availability of land in the historical var. fernandina were chosen. Site Response: Representation refers to a range of the plant that is not already selection relied heavily on the results of species’ ability to adapt to changing developed or threatened by a habitat characterization study, which environmental conditions, which is a encroachment of nonnative and invasive compared occupied and unoccupied species’ adaptive capacity. species; (c) presence of appropriate areas within coastal scrub and annual Representation is characterized by the climatic and hydrologic conditions (hot grassland, to identify characteristics of breadth of genetic and environmental and dry with seasonal drought occupied C. parryi var. fernandina diversity within and among conditions and no irrigation); (d) habitat. In addition to selecting what

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appeared to be the most suitable sites, The commenter urged a delay and of new populations and reduce or the approach in the 2017 CCA is to extension of the comment period so that eliminate threats to C. parryi var. assist C. parryi var. fernandina during the effect of this fire on C. parryi var. fernandina. The commenter states that the early establishment period in order fernandina could be investigated. the plan will attempt to establish to help the introduced population Response: The December 2017 Rye populations and hopefully provide develop a foothold through habitat Fire burned four out of seven of the SCP protective measures, but that the enhancement, ultimately resulting in at preserves on Newhall Ranch. Based on proposed conservation efforts cannot be least two new self-sustaining, persistent prior research, we expect relatively considered as guarantees. The populations. minor effects from the Rye Fire on commenter concluded that the 2017 Comment (23): One commenter stated arthropods that could be spineflower CCA should not be used to determine that Newhall Land appears to have pollinators. Jones et al. (2004) the current status of C. parryi var. begun vegetation clearing on the project conducted pollinator studies on fernandina. site where Chorizanthe parryi var. spineflower populations on Newhall Response: PECE (68 FR 15100, March fernandina is located. The commenter Ranch and Ahmanson Ranch, and found 28, 2003) ensures consistent and does not believe that such actions that one of the dominant floral visitors adequate evaluation of recently comply with the rules and regulations of on Newhall Ranch was little red ant and formalized, but not yet implemented the Act. the dominant floral visitors at the conservation efforts when making Response: Section 7 of the Act Ahmanson Ranch were two species of listing decisions. The policy provides provides a mechanism for identifying ants: The pyramid ant and the southern guidance on how to evaluate and resolving potential conflicts fire ant. Matsuda et al. (2011, entire) conservation efforts that have not yet between a proposed action and a species investigated the effect of broad-scale been implemented or have not yet proposed for listing at an early planning wildfire on ground foraging ants within demonstrated effectiveness. The stage. While consultations for listed southern California. They found a net evaluation focuses on the certainty that species are required when the proposed negative effect of fire on the overall the conservation actions will be action may affect listed species, a diversity of ground foraging ants likely implemented and effective. conference is required only when the because of changes in community Using the criteria specified in PECE, proposed action is likely to jeopardize structure rather than the loss of species we evaluated the certainty of future the continued existence of a species richness. Although they found a implementation and certainty of proposed for listing. negative effect of fire on ant diversity, effectiveness of the 2017 CCA. Based on The Final Environmental Impact the increases in overall species diversity our evaluation, we have a high level of Statement (EIS)/Environmental Impact in both the fire-impacted and reference certainty that the conservation actions Report (EIR) for the Newhall Ranch plots suggest that ground-foraging ants will be effectively implemented and, Resource Management and may be relatively resilient to fire therefore, should be considered as part Development Project included detailed because only about 2 percent of an ant of the basis for our final listing analysis of the direct, indirect, and colony is active on the surface, thus determination for C. parryi var. cumulative impacts of the proposed limiting direct mortality. They also fernandina. Please see the full PECE discharges of fill material in waters of suggest that unburned patches within a analysis at http://www.regulations.gov the United States and associated upland burn area can provide refuge for ants at Docket No. FWS–R8–ES–2016–0078. development activities on C. parryi var. and source populations for Comment (26): One commenter noted fernandina and included mitigation recolonization of burned areas. that after the proposed rule was measures to avoid, minimize, and The intensity of the Rye Fire on published, an activity occurred at the compensate for impacts to the plant. Newhall Ranch was diagnosed as light Laskey Mesa population that threatens Subsequent to the Final EIS/EIR, (Watershed Emergency Response Team the continued existence of C. parryi var. Newhall Land agreed to implement 2018, pp. 18–20). Based on field testing, fernandina. This activity was permitted additional measures to further the California Geological Survey found by the managing agency. compensate for unavoidable impacts to that within the mapped fire perimeter, Response: We assume that the recent C. parryi var. fernandina as documented 64 percent of the area was classified as activity to which the commenter refers in the 2017 CCA. In consideration of the very low/unburned, 34 percent as low, is a fashion show that occurred on May additional conservation areas and C. and 2 percent as moderate; no area was 11, 2017. Our understanding is that parryi var. fernandina introduction sites classified as high (Watershed MRCA permitted approximately 2.5 ac required as part of the CCA, the U.S. Emergency Response Team 2018, pp. (1 ha) at Laskey Mesa be utilized for the Army Corps of Engineers made a final 18–20). The severity of the Rye Fire was show, but resulting impacts were about determination that permit no. SPL– similar to or generally less than the most 1 ac (.4 ha) larger than planned, and that 2003–01264 would not jeopardize the recent fires on Newhall Ranch in C. several aspects of the event were not continued existence of C. parryi var. parryi var. fernandina habitat, the 2003 covered under the permitted activities. fernandina and is not required to Verdale Fire and 2007 Magic Fire. The MRCA permit required that there be complete a conference opinion to Severity in burn areas was generally low no disturbance of terrain or indigenous comply with the requirements of the in the Magic Fire and very low to plants. As a result, CDFW sent a letter Act. moderate in the Verdale Fire (Dudek to the State Wildlife Conservation Board Comment (24): One commenter stated 2017, p. 10). We were able to investigate expressing concern over consistency that the Rye Fire in Santa Clarita, which the effect of the fire on the plant and its between the funding provided for the began on December 5, 2017, has pollinators within the allotted purchase of Laskey Mesa and the apparently burned at least five of the timeframe, and therefore we do not need intended conservation purpose of that proposed seven conservation areas for to extend the comment period on the funding. There was a follow-up meeting C. parryi var. fernandina and possibly proposal. with representatives of CDFW, the State all those located on the Mission Village Comment (25): One commenter stated Wildlife Conservation Board, MRCA, project. The commenter stated that it is that throughout the 2017 CCA there are and SMMC, in which the same concerns important to determine whether native definitive statements that the proposed were shared. As a result of the meeting, pollinator arthropods survived the fire. actions will result in the establishment the State Wildlife Conservation Board,

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MRCA, and CDFW agreed to develop a continued existence of the species. We p. 437; Menges 1991, pp. 158–164; strategy so that concerns regarding the conclude this because these activities Jennerston 1988, pp. 359–366; conservation of sensitive species are have been or will be removed from most Cunningham 2000, pp. 1149–1152). given a more prominent part in the areas that overlap C. parryi var. These indirect effects of the proposed permitting of activities on Laskey Mesa fernandina. The remaining stressors— development would remain into the (e.g., sensitive species surveys prior to development; nonnative, invasive future post-construction. filming activities). The CDFW is plants; Argentine ants; wildfire; and Under the 2010 SCP, Newhall Land currently working with its partners in potentially climate change—acting on Company designated seven spineflower developing the strategy. This strategy the small isolated populations are preserves containing approximately 15 should be effective in preventing further described below. We address the ac (6 ha) of C. parryi var. fernandina variances from permitted activities that remaining stressors below because we occupied area, which is the remaining might affect C. parryi var. fernandina. determined in our September 15, 2016, 76 percent of the Santa Clarita proposed rule (81 FR 63454) that population. Easements and an Summary of Biological Status and population or rangewide impacts may endowment to manage and monitor the Factors Affecting the Species contribute to, or are likely to contribute preserves have been put in place. In Section 4 of the Act and its to, considerable loss of individuals or addition to the preserves designated implementing regulations (50 CFR 424) habitat currently or in the future. Please under the SCP, the 2017 CCA set forth the procedures for adding refer to the Potential Stressors section in establishes additional C. parryi var. species to the Federal Lists of the Species Report (Service 2016, pp. fernandina occurrences at the Santa Endangered and Threatened Wildlife 20–78) for a more detailed discussion of Clarita population (Areas 1–3 in Figure and Plants. A species may be our evaluation of the biological status of 2, above), reducing the overall threat to determined to be an endangered or the plant and the factors that may affect this population from development. The threatened species due to one or more its continued existence. additional conservation areas at the of the five factors described in section Santa Clarita population total 4(a)(1) of the Act: (A) The present or Development (Factors A and E) approximately 825 ac (334 ha) that are threatened destruction, modification, or Development consists of converting contiguous with or adjacent to the curtailment of its habitat or range; (B) the landscape into residential, existing San Martinez Grande and overutilization for commercial, commercial, industrial, and recreational Potrero preserves established under the recreational, scientific, or educational features, with associated infrastructure SCP. These areas are intended to expand purposes; (C) disease or predation; (D) such as roads. Currently, development the area of protected conservation land the inadequacy of existing regulatory does not impact C. parryi var. for the plant and increase the extent of mechanisms; or (E) other natural or fernandina at either population. In the protected occurrence locations within manmade factors affecting its continued future, no development is anticipated at the Santa Clarita population to buffer it existence. Listing actions may be the Laskey Mesa site because the from detrimental effects of loss of warranted based on any of the above property is owned and managed by the habitat and individuals and the threat factors, singly or in combination. SMMC and MRCA, and preserved as associated edge effects. All of the Stressors that currently act, or may act, permanent parkland. At the Santa conservation areas (i.e., preserves under on C. parryi var. fernandina in the Clarita site, the population is within the the SCP and occurrences under the 2017 foreseeable future include development footprint of the proposed Newhall CCA) will be in permanent conservation (Factors A and E); nonnative, invasive Ranch development project. and will not be directly threatened by plants (Factors A and E); Argentine ants At the time we issued the proposed development. (Factor E); grazing and agriculture rule (81 FR 63454, September 15, 2016), Overall, we projected in our (Factor A); utility line easements and available information indicated that the September 15, 2016, proposed rule that maintenance (Factor A); miscellaneous future development of the proposed development at one of the two C. parryi land use (Factor A); recreation (Factor Newhall Ranch would directly remove var. fernandina populations would E); wildfire (Factor E); and climate 24 percent of the C. parryi var. result in the loss of 24 percent of the change (Factors A and E). The effects of fernandina population and occupied Santa Clarita population in the future these stressors are magnified by virtue habitat at the Santa Clarita site, reducing and that edge effects to the remaining of the plant having small population the population from approximately 20 Santa Clarita population were expected. sizes (Factor E). For the purposes of this ac (8 ha) to 15 ac (6 ha) of cumulative Edge effects around the remaining analysis, we define the ‘‘foreseeable occupied area (Dudek 2010a, Table 12, occurrences put these patches at risk future’’ time period to be 25 years. The p. 67). In addition to habitat removal, and separate them more than they are basis for this timeframe is that it the proposed development would also under current conditions. However, includes cycles of variation in climate, create indirect effects by fragmenting under the 2017 CCA, abundance and the potential impacts of the completion the remaining habitat between the distribution of the plant within the of the proposed development of occurrences of C. parryi var. fernandina. Santa Clarita population will be Newhall Ranch, and planned The impacts of fragmented habitat increased to buffer the population from conservation measures for the Laskey include: (1) Edge effects around detrimental effects of loss of habitat and Mesa and Santa Clarita populations. remaining populations, such as individuals and the associated edge All of these potential stressors are increasing the risk of invasion of effects of the development. When we evaluated and presented in our Species nonnative, invasive plants and animals; issued the proposed rule, we concluded Report (Service 2016, pp. 20–78). The and (2) further separation of occurrences that development was a future best available data indicate that grazing relative to current conditions because population-level threat to the plant, as and agriculture, utility line easements much of the area between the remaining it would result in loss of habitat and and maintenance, miscellaneous land occurrences would be residential and individuals, and further reduce the use, and recreation are not resulting in commercial development (Dudek 2010a, range of the plant, which was already population or rangewide impacts pp. 48–117), potentially affecting vulnerable due to its small size and currently or in the future such that they pollination and dispersal of the plant isolated populations (Factor E). Since rise to the level of threats to the (Steffan-Dewenter and Tscharntke 1999, the publication of the proposed rule, the

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2017 CCA was developed and signed, protected conservation land for C. parryi are abundant at both sites and are and is being implemented. The 2017 var. fernandina and increase the extent efficient at displacing native vegetation. CCA provides support for C. parryi var. of protected occurrence locations within When we issued the proposed rule (81 fernandina by further protecting, the Santa Clarita population to buffer it FR 63454, September 15, 2016), we increasing, and expanding existing and from detrimental effects of loss of determined that this stressor would future populations and habitat. habitat and individuals and the likely affect C. parryi var. fernandina As discussed above, we have associated edge effects, including and its habitat at both sites into the determined that the conservation Argentine ant invasion. future, but at a decreased severity. actions outlined in the 2017 CCA are Introduction sites outside of the Santa Newhall Land provided funding for the sufficiently certain to be implemented Clarita population include an additional management of the Laskey Mesa and effective such that they should be conservation area of 357 ac (144 ha) population, including control of considered in our assessment of status. located in the Simi Valley watershed on nonnative, invasive vegetation. At the These conservation actions significantly the southern boundary of Newhall Land Santa Clarita population, the proposed reduce the identified threats, including property in Ventura County; an development of Newhall Ranch would effects of historical and future loss of additional conservation area of convert areas that currently contain habitat from development (Factor A and approximately 316 ac (128 ha) located nonnative vegetation to urban areas, E), and their impacts to C. parryi var. on Newhall Land property in the Castaic thereby reducing the total acreage of fernandina and its habitat. Thus, the Mesa area in northern Los Angeles nonnative vegetation at this site, but this best scientific and commercial data County, near a known extirpated ground disturbance would also create available indicate that the effects population location; and an additional additional opportunities for nonnative associated with development are not a conservation area located in a 7-ac (2.8- plants to invade urban edges of C. parryi threat to the continued existence of C. ha) portion of the Petersen Ranch var. fernandina preserves and natural parryi var. fernandina now nor will they Mitigation Bank adjacent to Elizabeth open space. In general, nonnative weedy be in the foreseeable future. Lake, also near a known extirpated species are often edge species and become more prevalent or increase in Small, Isolated Populations (Factors E) population location. abundance, while rare and sensitive Introduction of C. parryi var. The effects of small, isolated species and species that were once fernandina at historically occupied but populations include increased risk of widespread tend to decline (Hilty et al. currently extirpated sites and at new extinction from random, naturally 2006, pp. 42–45). occurring events, and potentially sites decreases the risk of having small, The 2017 CCA provides for Newhall reduced genetic variation, which can isolated populations for C. parryi var. Land to voluntarily implement affect the ability of a species to sustain fernandina into the future. When we conservation measures described in the itself into the future in the face of issued the proposed rule, we concluded introduction plan with the goal of environmental fluctuations. There are that having small, isolated populations establishing new, protected C. parryi two known populations of C. parryi var. was a current and future population- var. fernandina occurrences within the fernandina, 17 mi (27 km) apart, one at level threat to the plant (Factor E). Since plant’s historical range. Weed control is Laskey Mesa and one at Santa Clarita, the publication of the proposed rule, the an important component of the each comprising approximately 15 to 20 2017 CCA was developed and is being introduction plan and will be ac (6 to 8 ha) of occupied area. implemented to increase future implemented at all additional Historically, the plant was known from populations and habitats for C. parryi conservation areas. The first year of the no less than 10 additional locations var. fernandina. seeding trials demonstrated successful across southern California (see Figure At this time, under PECE, we have plant establishment from both broadcast 1). determined that the conservation seeding and salvaged topsoil and When we issued the proposed rule (81 actions outlined in the 2017 CCA are documented positive effects from FR 63454, September 15, 2016), we sufficiently certain to be implemented weeding. Confirmation that the weed concluded that having only two small, and effective such that they should be control method used in the seeding isolated populations decreased the considered in our assessment of status. trials is effective in improving ability of C. parryi var. fernandina to These conservation actions significantly performance of the plant has important sustain itself into the future in the face reduce the identified threats, including positive implications both for the of environmental fluctuations and having small, isolated populations introduction plan and for management random, naturally occurring events. At (Factor E), and their impacts to C. parryi of occupied habitat within the SCP that time, we determined that this var. fernandina and its habitat. Thus, preserves. stressor would continue to affect C. the best scientific and commercial data In our September 15, 2016, proposed parryi var. fernandina and its habitat at available indicate that the adverse rule, we concluded that nonnative, both sites into the future. effects of small, isolated populations to invasive plants are abundant at both Since the publication of the proposed the continued existence of C. parryi var. Laskey Mesa and Santa Clarita rule, the 2017 CCA was completed, fernandina is not a threat to the populations, reduce available habitat which provides for additional continued existence of the plant now quality, compete with C. parryi var. conservation areas that are intended to nor will it be in the foreseeable future. fernandina for resources, and increase increase the number and extent of potential for wildfire. We also Nonnative, Invasive Plants (Factors A spineflower occurrences within the concluded that this stressor historically and E) plant’s historic range. The additional affected Laskey Mesa and Santa Clarita conservation areas at the Santa Clarita Nonnative, invasive plants include populations and will continue to affect population, which total approximately nonnative vegetation that occurs within C. parryi var. fernandina and its habitat 825 ac (334 ha), are contiguous with or or adjacent to habitat that supports C. at both sites into the future, but at a adjacent to the existing San Martinez parryi var. fernandina. In particular, we lower level than historically. Grande and Potrero preserves focused on the impacts of nonnative Management actions will reduce the established under the SCP. These areas grasses and other fast-invading, presence and impact of nonnative, are intended to expand the area of nonnative annual plants because they invasive grasses that would be

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implemented in the near future and In our September 15, 2016, proposed When we issued the proposed rule, would be effective in reducing this rule, we determined that loss of habitat we concluded that Argentine ants are a stressor. When we issued the proposed and individuals and the associated edge current and future population-level rule, we concluded that nonnative, effects including proliferation of threat to C. parryi var. fernandina (loss invasive plants are a population-level Argentine ants at the Santa Clarita of individuals) (Factor E). Since the threat to C. parryi var. fernandina (loss population are likely to decrease habitat publication of the proposed rule, the of individuals) and its habitat (Factors A quality, reducing resiliency at this 2017 CCA was developed and signed, and E). Since the publication of the population. The 2017 CCA includes which will expand the area of protected proposed rule, the 2017 CCA was establishing additional C. parryi var. conservation land for C. parryi var. developed and signed that now provides fernandina occurrences at the Santa fernandina and increase the extent of additional protected habitat for C. parryi Clarita population, including three protected occurrences within the Santa var. fernandina by increasing future additional conservation areas totaling Clarita population to buffer it from populations and habitats where weeds approximately 825 ac (334 ha) that are detrimental effects of Argentine ant will be controlled. At this time, under contiguous with or adjacent to the invasion. Argentine ants may still affect PECE, we have determined that the existing San Martinez Grande and some portion of the Santa Clarita conservation actions outlined in the Potrero preserves established under the population, but by increasing the overall 2017 CCA are sufficiently certain to be SCP. These additional conservation resiliency of the population to those implemented and effective such that areas are intended to increase the extent effects by increasing numbers and area they should be considered in our of protected C. parryi var. fernandina for the spineflower, the effects of assessment of the status. These occurrences within the Santa Clarita Argentine ants, including loss of conservation actions significantly population to buffer it from detrimental pollinators and seed dispersers, are not reduce the identified threats, including effects of loss of habitat and individuals expected to result in meaningful historical and future loss of habitat from and the associated edge effects, impacts at the population scale. At this nonnative, invasive plants (Factors A including Argentine ant invasion. time, under PECE, we have determined and E), and their impacts to C. parryi The additional conservation area that the conservation actions outlined in var. fernandina and its habitat. Thus, adjacent to the existing Potrero preserve the 2017 CCA are sufficiently certain to the best scientific and commercial data is at risk of invasion by Argentine ants. be implemented and effective such that available indicate that the stressor of The two additional conservation areas they should be considered in our invasive, nonnative plants is not a threat adjacent to the existing San Martinez assessment of status. These conservation to the continued existence of C. parryi Grande preserve are farther from actions significantly reduce the var. fernandina now nor will it be in the existing or proposed development (see identified threats, including Argentine foreseeable future. Figure 2, above). None of the adjacent ants (Factor E), and their impacts to C. parryi var. fernandina and its habitat. Argentine Ants (Factor E) land uses near San Martinez Grande Thus, the best scientific and commercial Argentine ants may impact poses a heightened threat of Argentine ant invasion (Dudek 2016, p. 6). These data available indicate that Argentine pollination and seed dispersal vectors of ants are not a threat to the continued additional conservation areas are not C. parryi var. fernandina. Based on the existence of C. parryi var. fernandina expected to be at risk of invasion from best available information, Argentine now nor will they be in the foreseeable Argentine ants and should contribute to ants have not historically impacted the future. Laskey Mesa or Santa Clarita C. parryi var. fernandina numbers and populations of C. parryi var. fernandina. recruitment at the Santa Clarita Climate Change (Factors A and E) Currently, at Laskey Mesa, Argentine population. Pollination and seed The term ‘‘climate’’ refers to the mean ants are present in close proximity, but dispersal vectors are therefore expected and variability of different types of they were not encountered in areas to remain healthy at these sites. weather conditions over time, with 30 occupied by C. parryi var. fernandina Argentine ants are not considered to be years being a typical period for such because, presumably, the conditions are a significant long-term risk to C. parryi measurements, although shorter or too dry and thus unsuitable (Sapphos var. fernandina at the introduction sites longer periods also may be used (IPCC 2000, pp. 6–8). At Santa Clarita, as of outside of the Santa Clarita population 2014, p. 119). The term ‘‘climate February 2016, Argentine ants were because they are all well separated from change’’ thus refers to a change in the present within two SCP preserves, areas supporting potential source mean or variability of one or more Entrada and Potrero (Dudek, 2016b, pp. populations of Argentine ants, such as measures of climate (for example, 17, 20), in the Santa Clara River corridor urban development areas. temperature or precipitation) that (Dudek 2016b, entire), at Middle The 2017 CCA describes that annual persists for an extended period, Canyon Spring (Dudek 2010a, p. 130), Argentine ant monitoring will be typically decades or longer, whether the and in the existing utility corridor that conducted as part of the ongoing habitat change is due to natural variability, runs along the southern portion of the maintenance and appropriate control human activity, or both (IPCC 2014, p. property and through the Entrada measures consistent with the Argentine 120). A recent synthesis report of Preserve (Dudek 2016b, p. 17). Ant Control Plan for Newhall Ranch climate change and its effects is At Laskey Mesa, we do not expect (Dudek 2014, entire) in the event that available from the Intergovernmental Argentine ants will impact C. parryi var. invasion occurs. If Argentine ants Panel on Climate Change (IPCC) (IPCC fernandina in the future as there is no invade, Newhall Land proposes control 2014, entire). anticipated change in land use. At Santa methods as part of an integrated pest There is no way to measure past Clarita, Argentine ants already occur, management plan to remove Argentine impacts at either population associated and we would expect them to occur ants and mitigate for the absence of with climate change. Compared to within development areas and open native pollinators within the preserves historical or baseline temperature and areas adjacent to the preserves in the (Dudek 2014c, pp. 25–42). Qualified precipitation measurements, projections future after development of the pest control professionals and of climate change in the south coast proposed Newhall Ranch (Dudek 2010a, conservation managers will review and region of California indicate that p. 130; Dudek 2016b, pp. 4–20). approve any control or mitigation plan. precipitation will decrease slightly and

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temperature will increase slightly by represented. Increasing the number of moving) (McGraw 2017, p. 4). Seed mid-century. The response of C. parryi ecoregions in which the plant is germination of related taxa, Parry’s var. fernandina may be similar to other represented is intended to improve the spineflower, appears to be inhibited by plant species with a similar life history. ability of the plant to adapt to changing fire (Ellstrand 1994 and Ogden 1999, in A growing body of literature discusses environmental conditions into the CBI 2000, pp. 4, 13). A study on the the specific mechanisms by which future. Ecoregions denote areas of effects of fire on Ben Lomond climate change could affect the general similarity in ecosystems through spineflower (Chorizanthe pungens var. abundance, distribution, and long-term analysis of patterns of biotic and abiotic hartwegiana) found that fire directly viability of plant species, as well as phenomena, including geology, reduced seed germination during the current habitat configuration over time, physiography, vegetation, climate, soils, first year after the fire (McGraw 2017, p. including, but not limited to, Root et al. land use, wildlife, and hydrology; level 5). (2003), Parmesan and Yohe (2003), and IV is the finest ecoregion level Despite the effect of direct scorching, Visser and Both (2005). Some of the developed by the Environmental fire may prove beneficial to C. parryi responses by plants to climate change Protection Agency (Environmental var. fernandina by creating openings in presented by these studies and others Protection Agency 2016). Currently, ground cover and temporarily reducing include the following: there are only two C. parryi var. competition (CBI 2000, p. 13). The Ben 1. Drier conditions may result in less fernandina populations, 17 mi (27 km) Lomond spineflower study found that suitable habitat, or a lower germination apart, representing only one level IV fire indirectly facilitated Ben Lomond success and smaller population sizes; ecoregion. Increasing the number of spineflower by removing accumulative 2. Higher temperatures may inhibit ecoregions in which the species occurs leaf litter and creating openings for germination, dry out soil, or affect may increase the ability of the plant to seedlings (McGraw 2017, p. 5). pollinator services; adapt to a changing environment, which However, by creating such open areas, 3. The timing of pollinator life cycles may decrease the risk of future wildfire expands the footprint of may become out-of-sync with timing of extirpation of the plant under climate invasive annual plants that are more flowering; change. The two existing C. parryi var. likely to ignite and carry fire than much 4. A shift in the timing and nature of fernandina populations are located in of the native flora, thereby creating a annual precipitation may favor the Venturan-Angeleno Coastal Hills feedback mechanism. expansion in abundance and ecoregion. The additional conservation The Rye Fire on Newhall Ranch began distribution of nonnative species; and area in the Castaic Mesa area in on December 5, 2017, and burned 5. Drier conditions may result in northern Los Angeles County, near a approximately 2,845 ac (1,150 ha) of increased fire frequency, making the known extirpated population location, land within the boundaries of the SCP ecosystems in which a species currently is within the Southern California Lower area. Of the seven SCP preserves, four grows more vulnerable to threats of Montane Shrubland Woodland were burned (Grapevine Mesa, Airport nonnative plant invasion. ecoregion. The additional conservation Mesa, Spring, and Potrero). The Overall, although many climate area located in the Petersen Ranch westernmost portion of the Airport models generally agree about potential Mitigation Bank adjacent to Elizabeth Mesa preserve burned while the entirety future changes in temperature and Lake near a known extirpated of the Spring, Grapevine, and Potrero precipitation, their consequent effects population location is within the Arid preserves burned. Of the 20-ac (8-ha) on vegetation are more uncertain, as is Montane Slopes ecoregion. cumulative C. parryi var. fernandina the rate at which any such changes In our September 15, 2016, proposed occupied area within the SCP, might be realized. It is not clear how or rule, based on the analysis in the approximately 13 ac (5 ha) were affected when changes in vegetation type or Species Report (Service 2016, pp. 73– by the Rye Fire (approximately 66 plant species composition will affect the 78), we determined that we did not have percent of total cumulative occupied distribution of C. parryi var. fernandina. reliable information to indicate that area since 2002), including 4 ac (1.6 ha) Therefore, uncertainty exists when climate change is a threat to C. parryi in the Grapevine Mesa preserve, 5 ac (2 determining the level of impact climate var. fernandina or its habitat now or in ha) in Airport Mesa preserve, less than change may have on C. parryi var. the future (Factors A and E). 1 ac (0.4 ha) in the Spring preserve, and fernandina or its habitat. At the time of Uncertainty about the effects of climate 1 ac (0.4 ha) in the Potrero preserve the proposed listing, based on the change on the plant remains. Therefore, (Dudek 2017, pp. 14–15). analysis in the Species Report (Service we do not have reliable information to Approximately 3 ac (1.2 ha) of C. parryi 2016, pp. 73–78) and summarized indicate that climate change is a threat var. fernandina habitat outside the SCP above, the best available information to C. parryi var. fernandina habitat now preserves were affected by the fire; of did not allow us to reliably project or in the future (Factors A and E). that area, approximately 1 ac (0.4 ha) responses of C. parryi var. fernandina to was no longer occupied at the time of indicate that climate change is a threat Wildfire (Factor E) the fire, because this area lies within the to the continued existence of the plant In our Species Report, we concluded Mission Village Project Site, and or its habitat now or in the future, that wildfire directly impacts C. parryi Newhall Land had previously although we continue to seek additional var. fernandina where they co-occur, conducted soil salvage in the C. parryi information concerning how climate but that this impact is temporary until var. fernandina occupied area as an SCP change may affect the plant and its vegetation reestablishes post fire conservation measure (Dudek 2017, pp. habitat (Factors A and E). (Service 2016, pp.73–76). The extent of 14–15). This soil was stored off site at Since the publication of the proposed direct impacts may depend on the the time of the fire and was not burned. rule, the 2017 CCA was developed and severity of the fire, which is a function The intensity of the Rye Fire on signed. The actions in the 2017 CCA of its intensity (heat output) and Newhall Ranch was characterized as will result in at least two new self- duration. A high-intensity (i.e., hotter) light (Watershed Emergency Response sustaining, persistent C. parryi var. and/or long duration fire would be more Team 2018, pp. 18–20). Based on field fernandina occurrences and will likely to incinerate seeds than a fire that testing, the California Geological Survey increase the number of ecoregions in is lower intensity (i.e., cooler) and/or found that within the mapped fire which C. parryi var. fernandina is has a shorter duration (i.e., is faster perimeter, 64 percent of the area was

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classified as very low/unburned, 34 discern pre- and post-burn trends in C. of nonnative grasses (Avery 2001, pp. percent as low, and 2 percent as parryi var. fernandina. As an annual 17–18). During the Rye Fire, Airport moderate; no area was classified as high plant that exhibits large fluctuations in Mesa was the only SCP preserve where (Watershed Emergency Response Team aboveground population size, Phos-Chek (i.e., aerial applied fire 2018, pp. 18–20). The severity of the abundance appears to track to annual retardant) was dropped. It covered Rye Fire was similar to or generally less climatic variability, particularly amount approximately 5 ac (2 ha) of the than the most recent fires on Newhall of rainfall (Dudek 2010a, pp. 18–20; preserve and less than 1 ac (0.4 ha) of Ranch in C. parryi var. fernandina Dudek 2012, p. 12; McGraw 2012, the cumulative spineflower area in that habitat, the 2003 Verdale Fire and 2007 entire). Surveys conducted following preserve. Also in the Airport Mesa Magic Fire. Severity in burn areas was the fires that occurred on Newhall Preserve, an existing road and a portion generally low in the Magic Fire and very Ranch in 2003 and 2007 show that year- of undisturbed lands were used by low to moderate in the Verdale Fire to-year fluctuations in C. parryi var. vehicles during the fire (Dudek 2017, p. (Dudek 2017, p. 10). At the Laskey Mesa fernandina occupied area and 15). population, the Devonshire-Parker Fire population numbers within burned In 2011, the Service issued a (1967) burned a portion of the C. parryi areas have generally been consistent biological and conference opinion based var. fernandina; the Clampett Fire with fluctuations in unburned areas on our review of the continued aerial (1970) burned most of the plants; and (Dudek 2017, p. 11). In addition, no application of fire retardants, including the Dayton Fire (1982) and Topanga Fire significant patterns relating historical Phos-Chek, on National Forest System (2005) burned all C. parryi var. fire frequency to C. parryi var. Lands and its effects on 75 species listed fernandina plants onsite. These fires fernandina cover, density, survival to as endangered or threatened, or had relatively short intervals between flower, or size were observed in 2014 proposed for listing, and on designated burn events, between 2 and 18 years. (McGraw 2017, p. 3). However, C. parryi critical habitat in accordance with If the Rye Fire promotes the invasion var. fernandina cover, density, and size section 7 of the Act (Service 2011, and spread of exotic plants, it will were all generally negatively correlated entire). This opinion did not directly degrade habitat for C. parryi var. with the cover of shrubs, which address effects to C. parryi var. fernandina. In the 2016 Species Report, increases with time after fire, suggesting fernandina. However, it addressed we found that small native annuals like that C. parryi var. fernandina may do effects to the slender-horned C. parryi var. fernandina cannot better in terms of density and size in spineflower (Dodecahema leptoceras) compete with fast-growing nonnative more recently burned areas (McGraw (Service 2011, pp. 411–414). Our plants (i.e., grasses) for light, water, and 2017, p. 3). analyses found that fire retardant soil nutrients (Service 2016, pp. 39–44). We expect relatively minor effects applications could impact the plant via Chorizanthe parryi var. fernandina’s from the Rye Fire on arthropods that short-term (1 to 2 growing seasons) size, density, and biomass were all could be C. parryi var. fernandina phytotoxic effects, including leaf found to be negatively correlated with pollinators. Jones et al. (2004) burning, shoot die-back, a decrease in exotic plant cover during the conducted pollinator studies on C. germination, and plant death. However, observational studies conducted as part parryi var. fernandina populations on the more likely effects to the species of habitat characterization (McGraw Newhall Ranch and Ahmanson Ranch, would be that nonnative plants could be 2017, p. 20). In addition, by and found that one of the dominant enhanced by fire retardant application manipulating the cover of exotic plants floral visitors on Newhall Ranch was and impact population. Fire retardants through weed whacking, the 2016 little red ant and the dominant floral contain nitrogen and phosphorus that seeding trials demonstrated that exotic visitors at the Ahmanson Ranch were could act as nutrients. While fire plants reduce population growth rate by two species of ants: The pyramid ant retardant could enhance nonnative significantly reducing C. parryi var. and the southern fire ant. Matsuda et al. plants, it could also enhance slender- fernandina seedling establishment, (2011, entire) investigated the effect of horned spineflower growth. survivorship, flower production, and broad-scale wildfire on ground foraging The effects of Phos-Check were also seed set through competition (McGraw ants within southern California. They examined as part of the Ben Lomond and Thomson 2017, p. 14). found a net negative effect of fire on the spineflower study (McGraw 2017, pp. Numerous previous wildfire events overall diversity of ground foraging ants 5–6). There were no biologically have occurred on Newhall Ranch since likely because of changes in community meaningful increases in the cover or 1913, including at least 12 since 1983 structure rather than the loss of species richness of exotic plants within the (excluding the 2017 Rye Fire), and richness. Although they found a Phos-Chek treated areas. This may several of these fires have affected negative effect of fire on ant diversity, reflect the dense shrub and tree cover in extensive areas of spineflower-occupied the increases in overall species diversity these areas, which limits the ability of habitat (Dudek 2017, p. 10). Chorizanthe in both the fire-impacted and reference light-limited exotic plants to establish, parryi var. fernandina monitoring began plots suggest that ground-foraging ants or the Phos-Chek nutrients might have on Newhall Ranch in 2002. Two fires may be relatively resilient to fire been readily taken up by native plants, have affected the Santa Clarita because only about 2 percent of an ant or readily flushed from the sandy-soil population since then. The 2003 colony is active on the surface, thus system. Verdale Fire burned almost the entire limiting direct mortality. They also Monitoring of C. parryi var. San Martinez Grande preserve area. The suggest that unburned patches within a fernandina on Newhall Ranch within 2007 Magic Fire burned portions of the burn area can provide refuge for ants the SCP preserves will continue to Grapevine Mesa and Entrada preserve and source populations for evaluate the performance of the Santa areas. Both the 2003 Verdale Fire and recolonization of burned areas. Clarita population post-Rye Fire. If the the 2007 Magic Fire occurred in Fire suppression activities may monitoring shows that management is October, after C. parryi var. fernandina impact C. parryi var. fernandina and its needed to address direct or indirect surveys had been conducted for that habitat, including clearing vegetation for effects of the fire, measures will be year. fire and fuel breaks or spreading incorporated into annual work plans as Large year-to-year fluctuations in retardant. Fire retardant is known to act required by the SCP and reviewed by population numbers make it difficult to as a fertilizer that enhances the growth the Spineflower Adaptive Management

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Working Group. The primary Therefore, the best scientific and At the Laskey Mesa site, we anticipate anticipated post-fire preserve commercial data available indicate that that management actions will be management activity involves the stressor of wildlife is not a threat to undertaken to manage the proliferation monitoring and controlling weeds that the continued existence of C. parryi var. of nonnative, invasive grasses. At the may invade burned areas following the fernandina now nor will it likely be in Santa Clarita site, the 2017 CCA fire event, particularly if they exceed 30 the foreseeable future. conservation efforts will expand the percent relative cover (Dudek 2017, p. area of protected conservation land for Synergistic Effects 7). the plant and will increase the extent of Additional information about the When stressors occur together, one protected locations within the Santa effects of the fire on C. parryi var. stressor may exacerbate the effects of Clarita population to buffer it from fernandina will be obtained through the another stressor, causing effects not detrimental effects. Argentine ants may second year of monitoring of the 2016 accounted for when stressors are still affect some portion of the Santa seeding trial study plots. The Rye Fire analyzed individually. Synergistic Clarita population, but by increasing the burned 7 of the 10 experimental blocks effects may be observed in a short overall resiliency of the population to (groups of treatment plots) into which amount of time or may not be noticeable those effects by increasing numbers and spineflower seed was sown and topsoil for years into the future, and could area for the spineflower, the effects of was placed to evaluate the effects of affect the long-term viability of C. parryi Argentine ants, including some loss of seeding methods and habitat treatment var. fernandina. Stressors that could act pollinators and seed dispersers, is not (weeding, irrigation, and soil synergistically on C. parryi var. expected to have significant impacts at compaction) on spineflower fernandina include development; the population scale. Weeding will establishment (McGraw 2017, pp. 7–8). having small, isolated populations; decrease the impacts of nonnative, During monitoring of the plots in the nonnative, invasive plants; Argentine invasive plants. Additional conservation 2018 growing season, rates of seedling ants; wildfire; and potentially climate areas associated with the 2017 CCA establishment, survivorship, growth, change. At the Laskey Mesa site, the outside the Santa Clarita population are and reproduction can be compared presence of nonnative, invasive grasses not at risk from Argentine ant invasion; across plots that burned and those that increases the frequency of wildfire, weeding will also take place. Increasing did not burn. which in turn creates more open area for the overall redundancy of C. parryi var. Given the large C. parryi var. nonnative, invasive plants to grow that fernandina with additional populations fernandina occupied area and are more likely to ignite and carry fire and distributing those populations potentially suitable habitat affected by than native vegetation (Keeley et al. across different ecoregions improves the the Rye Fire (approximately 13 ac (5 ha) 2005, p. 2123). At the Santa Clarita site, ability of the plant to withstand small- or 66 percent of the cumulative the future development of Newhall scale stressors, as well as catastrophic occupied area of the Santa Clarita Ranch would directly remove 24 events. At this time, under PECE, we population), the fire has the potential to percent of the C. parryi var. fernandina have determined that the conservation affect the distribution and performance population, fragmenting the habitat actions outlined in the 2017 CCA are of the population both directly and between the occurrences of C. parryi sufficiently certain to be implemented indirectly, with these effects having the var. fernandina, which will create edge and effective such that the actions will potential to result in positive or negative effects around remaining occurrences significantly reduce the identified outcomes. Overall, the Rye Fire falls within C. parryi var. fernandina threats, including their synergistic within the historical range of fires on preserves, and increase the risk of effects, to C. parryi var. fernandina and Newhall Ranch in terms of size and invasion of Argentine ants and its habitat. Thus, the best scientific and severity (i.e., generally light burning and nonnative, invasive plants. When we commercial data available indicate that little evidence of deep soil charring), issued our September 15, 2016, synergistic effects acting on C. parryi and we expect that the plant will be proposed rule, we determined that var. fernandina or its habitat are not a affected by this fire similarly to past when considered together, the impact of threat to the continued existence of the fires, where year-to-year fluctuations in these stressors has the potential to be plant now nor will they be in the C. parryi var. fernandina occupied area high. Even though the impact of each of foreseeable future. and population numbers within burned these stressors may be low to moderate areas were generally consistent with under current conditions, the proposed Resiliency, Redundancy, and fluctuations in unburned areas (Dudek development of Newhall Ranch, which Representation 2017, p. 11). The biggest concern is that would occur over the next 25 years, will We use the principles of resiliency, fire may promote the invasion and likely exacerbate the impact of the redundancy, and representation as a spread of nonnative, invasive grasses stressors while confining the C. parryi lens to evaluate current and future that out-compete small native annuals var. fernandina population at this site to effects to C. parryi var. fernandina. like C. parryi var. fernandina. The small patches of suitable habitat Resiliency describes the ability of a effects of the Rye Fire on C. parryi var. adjacent to and bordered by urban species to withstand stochastic fernandina may depend on the climate development. At the time of the disturbance. Resiliency is positively in the ensuing years. Monitoring proposed listing, we also determined related to population size and growth conducted under the SCP will continue that long-term future impacts may rate, and may be influenced by to evaluate the performance of the increase synergistic effects, and it is connectivity among populations. population, in terms of cover, density, unknown if C. parryi var. fernandina Generally speaking, populations need and size of plants, within the SCP will be able to adapt to the potential abundant individuals within habitat preserves, and if the monitoring shows synergistic effect of stressors. Since the patches of adequate area and quality to that management is needed to address publication of the proposed rule, the maintain survival and reproduction in direct or indirect effects of the fire, such 2017 CCA was developed and signed, spite of disturbance. as an increase in nonnative, invasive and is being implemented; the 2017 Redundancy describes the ability of a grasses, measures will be incorporated CCA now provides additional species to withstand catastrophic into annual work plans and populations and protected habitat for C. events. It is about spreading risk among implemented (Dudek 2017, p. 7). parryi var. fernandina. multiple populations to minimize the

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potential loss of the species from overall maintenance program described nonnative plants and Argentine ants, catastrophic events. Redundancy is in the introduction plan, which will and should contribute to C. parryi var. characterized by having multiple, occur throughout the duration of the 10- fernandina numbers and recruitment at resilient populations distributed within year maintenance and monitoring the Santa Clarita population in the event the species’ ecological settings and period, directs enhancement efforts in that the additional conservation area across the species’ range. It can be the additional conservation areas to adjacent to the Potrero preserve measured by population number, focus on: (1) Reducing annual becomes invaded by Argentine ants and resiliency, special extent, and degree of nonnative/exotic plant species cover control measures are unsuccessful. connectivity. and competition to help facilitate C. The introduction sites outside of the Representation describes the ability of parryi var. fernandina establishment, Santa Clarita population include an a species to adapt to changing persistence, and recruitment; (2) additional conservation area of 357 ac environmental conditions overtime. It is increasing native species cover and (144 ha) located in the Simi Valley characterized by the breadth of genetic diversity in disturbed areas, particularly watershed on the southern boundary of and environmental diversity within and in areas surrounding introduction sites Newhall Land property in Ventura among populations. Measures may that function as a buffer; and (3) County (Area 5 in Figure 2, above); an include the number of varied niches providing regulation and protection of additional conservation area of occupied, the gene diversity, and the preserve boundaries from approximately 316 ac (128 ha) located heterozygosity of alleles per locus. unauthorized human activity and on Newhall Land property in the Castaic In our September 15, 2016, proposed intrusion. Mesa area in northern Los Angeles rule (81 FR 63454) to list Chorizanthe As of February 2016, Argentine ants County, near a known extirpated parryi var. fernandina as a threatened were present within two SCP preserves population location (Area 4 in Figure 2); species, we concluded that, overall, at the Santa Clarita population, Entrada and an additional conservation area redundancy and representation are and Potrero (Dudek, 2016, pp. 17, 20). located in a 7-ac (2.8-ha) portion of the currently reduced and resiliency is Therefore, the additional conservation Petersen Ranch Mitigation Bank likely to decrease in the future, bringing area adjacent to the existing Potrero adjacent to Elizabeth Lake, also near a into question whether C. parryi var. preserve is at risk of invasion by known extirpated population location fernandina can sustain itself in the face Argentine ants. The two additional (Area 6 in Figure 2). Argentine ants are of environmental fluctuations and conservation areas adjacent to the not considered to be a significant long- random, naturally occurring events. existing San Martinez Grande preserve term risk to C. parryi var. fernandina at Resiliency are farther from existing or proposed these introduction sites because they are development (see Figure 2, above). None all well separated from areas supporting In our proposed rule, we determined of the adjacent land uses near San potential source populations, such as that loss of habitat and individuals and Martinez Grande poses a heightened urban development areas. Supplemental the associated edge effects (i.e., threat of Argentine ant invasion (Dudek watering will be delivered through a proliferation of invasive, nonnative 2016, p. 6); therefore, these additional water truck rather than a permanent plants and Argentine ants) at the Santa conservation areas are not expected to point of connection to a live water line Clarita population are likely to decrease be at risk of invasion Argentine ants and to minimize the potential for the habitat quality, reducing resiliency at should contribute to C. parryi var. introduction of Argentine ants. The this population and increasing the fernandina numbers and recruitment at enhancement areas surrounding overall risk to the plant from random, the Santa Clarita population. Section 2.4 introduction sites are intended to help naturally occurring events. The portions of the introduction plan describes that minimize invasion of nonnative plant of the 2017 CCA that intend to establish annual Argentine ant monitoring will be species, which could threaten the additional C. parryi var. fernandina conducted as part of the ongoing habitat quality of the habitat for C. parryi var. occurrences at the Santa Clarita maintenance and appropriate control fernandina occupation. population (Areas 1–3 in Figure 2, measures consistent with the Argentine Redundancy above) include three additional Ant Control Plan for Newhall Ranch conservation areas totaling (Dudek 2014, entire) will be In our proposed rule, we determined approximately 825 ac (334 ha) that are implemented in the event that invasion that with only two extant populations, contiguous with or adjacent to the occurs. If Argentine ants invade, there may not be sufficient redundancy existing San Martinez Grande and Newhall Land proposes control methods to sustain C. parryi var. fernandina over Potrero preserves established under the as part of an integrated pest the long term, given current and future SCP. These areas are intended to expand management plan to remove Argentine stressors acting upon the populations. the area of protected conservation land ants and mitigate for the absence of The additional conservation areas for C. parryi var. fernandina and native pollinators within the preserves proposed in the introduction plan are increase the extent of protected (Dudek 2014c, pp. 25–42). Qualified intended to further increase the number occurrences within the Santa Clarita pest control professionals and and extent of C. parryi var. fernandina population to buffer it from detrimental conservation managers will review and within its historic range. The 2017 CCA effects of loss of habitat and individuals approve any control or mitigation plan. provides for Newhall Land to introduce and the associated edge effects. Overall, increasing the number and C. parryi var. fernandina within Given that invasion by invasive, health of the plants at the Santa Clarita portions of the additional conservation nonnative plants and Argentine ants population with introduction and areas with the goal of establishing at could occur, all additional conservation enhancement is expected to increase the least two new self-sustaining, persistent areas will be monitored and managed overall resiliency of the population to occurrences to at least double the for these stressors. The enhancement potential proliferation of invasive, redundancy of the spineflower. C. parryi areas surrounding introduction sites nonnative plants and the effects of var. fernandina introduction will occur will help minimize invasion of Argentine ant invasion. The two on a total of at least 10 ac (4 ha) within nonnative plant species, which could additional conservation areas adjacent the additional conservation areas: (1) threaten the quality of the habitat for C. to the San Martinez Grande preserve are Three additional conservation areas parryi var. fernandina occupation. The at low risk of invasion by invasive, totaling approximately 825 ac (334 ha)

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are contiguous with or adjacent to the fragmentation and associated edge (Factor E); wildfire (Factor E); and existing San Martinez Grande and effects (i.e., proliferation of Argentine potentially climate change (Factors A Potrero preserves established under the ants) at the Santa Clarita population, and E) acting on the small, isolated SCP (all of which would be considered reduced redundancy with only two populations (Factor E) of C. parryi var. part of the Santa Clarita population); (2) extant populations, and reduced fernandina. Our analysis of this an additional conservation area of 357 representation down to one ecoregion information indicates that these ac (144 ha) is located in the Simi Valley from five historically across the range of stressors are not of sufficient watershed on the southern boundary of C. parryi var. fernandina. The 2017 CCA imminence, intensity, or magnitude to Newhall Land property in Ventura and associated introduction plan have indicate that C. parryi var. fernandina is County; (3) an additional conservation identified the types of threats to the in danger of extinction or likely to area of approximately 316 ac (128 ha) is plant and include actions to address become an endangered species within located on Newhall Land property in these threats, including the the foreseeable future throughout all of the Castaic Mesa area in northern Los establishment of at least two new self- its range. Angeles County, near a known sustaining, persistent C. parryi var. Since the publication of the extirpated population location; and (4) fernandina occurrences, at least one of September 15, 2016, proposed rule, the an additional conservation area which will be in a different ecoregion 2017 CCA was developed and signed, containing introduction sites is located from the existing populations on a total and is being implemented; the 2017 in a 7-ac (2.8-ha) portion of the Petersen of at least 10 ac (4 ha) within the CCA provides for additional Ranch Mitigation Bank adjacent to additional conservation areas. populations and protected habitat for C. Elizabeth Lake, also near a known Permanent conservation instruments parryi var. fernandina. The additional extirpated population location. will be recorded over each of the conservation areas proposed in the C. Representation additional conservation areas to ensure parryi var. fernandina introduction plan that the habitat values are maintained are intended to further increase the In our proposed rule, we determined and that all initial habitat enhancement number and extent of the spineflower that the two C. parryi var. fernandina and introduction activities and within its historic range. The actions in populations represent only one level IV perpetual management and monitoring the 2017 CCA will result in at least two ecoregion (EPA 2016), down from five will be funded. new self-sustaining, persistent C. parryi historically, which theoretically may var. fernandina occurrences and will decrease the ability of the plant to adapt Determination of Species Status increase the number of ecoregions in to changing environmental conditions Section 4 of the Act (16 U.S.C. 1533) into the future. The goal of the 2017 which the plant is represented. This and its implementing regulations (50 effort is expected to double the number CCA is to establish at least two new self- CFR part 424) set forth the procedures sustaining, persistent C. parryi var. of extant C. parryi var. fernandina for determining whether a species meets occurrences. At the Santa Clarita fernandina occurrences, at least one of the definition of ‘‘endangered species’’ which will be in a different ecoregion population, the extent of protected or ‘‘threatened species.’’ The Act defines occurrences will be increased to buffer from the existing populations to an ‘‘endangered species’’ as a species increase the number of ecoregions in the population from edge effects, such that is ‘‘in danger of extinction as Argentine ant invasion. At both Santa which the species is represented (see throughout all or a significant portion of Figure 2, above). The two existing Clarita and the Laskey Mesa its range,’’ and a ‘‘threatened species’’ as populations, we anticipate that populations are located in the Venturan- a species that is ‘‘likely to become an Angeleno Coastal Hills ecoregion. The management actions will be undertaken endangered species within the to manage the proliferation of additional conservation area in the foreseeable future throughout all or a Castaic Mesa area in northern Los nonnative, invasive grasses. Increasing significant portion of its range.’’ The Act the overall redundancy of C. parryi var. Angeles County, near a known requires that we determine whether a extirpated population location, is within fernandina with additional populations species meets the definition of and distributing those populations the Southern California Lower Montane ‘‘endangered species’’ or ‘‘threatened Shrubland Woodland ecoregion. The across different ecoregions improves the species’’ because of any of the following ability of the plant to withstand small- additional conservation area located in factors: the Petersen Ranch Mitigation Bank scale stressors, as well as catastrophic (A) The present or threatened events. Increasing the number of adjacent to Elizabeth Lake near a known destruction, modification, or extirpated population location is within ecoregions in which the spineflower is curtailment of its habitat or range; represented is intended to improve the the Arid Montane Slopes ecoregion. (B) Overutilization for commercial, ability of the plant to adapt to changing Establishing at least two new self- recreational, scientific, or educational environmental conditions into the sustaining, persistent spineflower purposes; future. Thus, after assessing the best occurrences where at least one is in a (C) Disease or predation; different ecoregion from the existing (D) The inadequacy of existing available information, we conclude that populations should improve the ability regulatory mechanisms; or C. parryi var. fernandina is not in of the plant to adapt to changing (E) Other natural or manmade factors danger of extinction throughout all of its environmental conditions into the affecting its continued existence. range nor is it likely to become so in the future. foreseeable future. In conclusion, based on our high Determination of Status Throughout All Because we determined that C. parryi certainty that these efforts will be of Its Range var. fernandina is not in danger of implemented and be effective, we We have carefully assessed the best extinction or likely to become so in the conclude that the nature and extent of scientific and commercial information foreseeable future throughout all of its threats identified in our September 15, available regarding the past, present, range, we will consider whether there 2016, proposed rule (81 FR 63454) are and future threats to C. parryi var. are any significant portions of its range adequately addressed. The threats fernandina including development in which C. parryi var. fernandina is in identified in the proposed rule include (Factors A and E); nonnative, invasive danger of extinction or likely to become reduced resiliency due to habitat plants (Factors A and E), Argentine ants so in the foreseeable future.

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Determination of Status Throughout a endangered (or threatened) species and the same standards and methodology Significant Portion of Its Range no SPR analysis will be required. If the that we use to determine if a species is Under the Act and our implementing species is neither an endangered nor a an endangered or a threatened species regulations, a species may warrant threatened species throughout all of its throughout its range. listing if it is an endangered species or range, we determine whether the Depending on the biology of the a threatened species throughout all or a species is an endangered or a threatened species, its range, and the threats it significant portion of its range. The Act species throughout a significant portion faces, it may be more efficient to address defines ‘‘endangered species’’ as any of its range. If it is, we list the species the ‘‘significant’’ question first, or the species that is ‘‘in danger of extinction as an endangered or a threatened status question first. Thus, if we throughout all or a significant portion of species, respectively; if it is not, we determine that a portion of the range is not ‘‘significant,’’ we do not need to its range,’’ and ‘‘threatened species’’ as conclude that listing the species is not determine whether the species is an any species that is ‘‘likely to become an warranted. When we conduct an SPR analysis, endangered or a threatened species endangered species within the we first identify any portions of the there; if we determine that the species foreseeable future throughout all or a species’ range that warrant further is not an endangered or a threatened significant portion of its range.’’ The consideration. The range of a species species in a portion of its range, we do term ‘‘species’’ includes ‘‘any can theoretically be divided into not need to determine if that portion is subspecies of fish or wildlife or plants, portions in an infinite number of ways. ‘‘significant.’’ and any distinct population segment However, there is no purpose to Applying the process described above [DPS] of any species of vertebrate fish or analyzing portions of the range that are to identify whether any portions wildlife which interbreeds when not reasonably likely to be significant warrant further consideration, we mature.’’ We published a final policy and either an endangered or a determine whether there are any interpreting the phrase ‘‘significant threatened species. To identify only particular portions where (1) the portion of its range’’ (SPR) (79 FR those portions that warrant further portions may be significant and (2) the 37578, July 1, 2014). The final policy consideration, we determine whether species may be in danger of extinction states that (1) if a species is found to be there is substantial information or likely to become so within the an endangered or a threatened species indicating that (1) the portions may be foreseeable future. To identify portions throughout a significant portion of its significant and (2) the species may be in that may be significant, we consider range, the entire species is listed as an danger of extinction in those portions or whether any natural divisions within endangered or a threatened species, likely to become so within the the range might be of biological or respectively, and the Act’s protections foreseeable future. We emphasize that conservation importance. To identify apply to all individuals of the species answering these questions in the portions where the species may be in wherever found; (2) a portion of the affirmative is not a determination that danger of extinction or likely to become range of a species is ‘‘significant’’ if the the species is an endangered or a so in the foreseeable future, we consider species is not currently an endangered threatened species throughout a whether the threats are geographically species or a threatened species significant portion of its range—rather; concentrated in any portion of the throughout all of its range, but the it is a step in determining whether a species’ range. portion’s contribution to the viability of more detailed analysis of the issue is We evaluated the range of the species is so important that, without required. In practice, a key part of this Chorizanthe parryi var. fernandina to the members in that portion, the species analysis is whether the threats are determine if any area may be a would be in danger of extinction, or geographically concentrated in some significant portion of the range. We likely to become so in the foreseeable way. If the threats to the species are determine whether a portion is future, throughout all of its range; (3) affecting it uniformly throughout its significant by considering the the range of a species is considered to range, no portion is likely to warrant importance of the members in that be the general geographical area within further consideration. Moreover, if any portion to the conservation of the which that species can be found at the concentration of threats apply only to species. To be significant, a portion time the Service makes any particular portions of the range that clearly do not must be of such importance to the status determination; and (4) if a meet the biologically based definition of species that the hypothetical loss of the vertebrate species is an endangered ‘‘significant’’ (i.e., the loss of that members in that portion would cause species or a threatened species portion clearly would not be expected to the entire species to be in danger of throughout an SPR, and the population increase the vulnerability to extinction extinction or likely to become so in the in that significant portion is a valid of the entire species); those portions foreseeable future throughout the DPS, we will list the DPS rather than the will not warrant further consideration. remainder of its range. In this entire taxonomic species or subspecies. If we identify any portions that may determination, we are not forecasting The SPR policy is applied to all status be both (1) significant and (2) the outcome of our evaluation of the determinations, including analyses for endangered or threatened, we engage in portion’s status; rather, we are only the purposes of making listing, a more detailed analysis to determine hypothesizing what the status of the delisting, and reclassification whether these standards are indeed met. species would be if the members of the determinations. The procedure for The identification of an SPR does not species in that portion were to be analyzing whether any portion is an create a presumption, prejudgment, or extirpated. SPR is similar, regardless of the type of other determination as to whether the Because there are only two extant status determination we are making. species in that identified SPR is an Chorizanthe parryi var. fernandina The first step in our analysis of the endangered or a threatened species. We populations (Santa Clarita population status of a species is to determine its must go through a separate analysis to and Laskey Mesa population) 17 mi (27 status throughout all of its range. If we determine whether the species is an km) apart, we determined that either the determine that the species is in danger endangered or a threatened species in Santa Clarita population portion or the of extinction, or likely to become so in the SPR. To determine whether a Laskey Mesa population portion of the the foreseeable future, throughout all of species is an endangered or a threatened range may be considered significant. At its range, we list the species as an species throughout an SPR, we will use the same time, we also examined

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whether either portion, the Santa Clarita future C. parryi var. fernandina fernandina does not meet the definition population or the Laskey Mesa population will be one of only two of an endangered species or threatened population, might be endangered or small, isolated populations (Factor E). species. As a consequence of this threatened as a result of a geographic For the Santa Clarita population, determination, we are withdrawing our concentration of threats. We determine increasing the extent of protected C. proposed rule to list C. parryi var. the status of the species in a portion of parryi var. fernandina occurrences fernandina as a threatened species. its range the same way we determine the within that population will help buffer status of a species throughout all of its it from detrimental effects of loss of References Cited range. We consider whether threats are habitat and individuals and the A complete list of references cited in reasonably likely to affect the species in associated edge effects, such as invasion this document is available on http:// that portion to such an extent that the of nonnative plants (Factors A and E) www.regulations.gov under Docket No. species is in danger of extinction or and Argentine ants (Factor E), such that FWS–R8–ES–2016–0078 and upon likely to become so in the foreseeable these stressors are not having significant request from the Ventura Fish and future in that portion. impacts in this portion of the range Wildlife Office (see FOR FURTHER When we issued our September 15, currently or into the future. For the INFORMATION CONTACT). 2016, proposed rule (81 FR 63454), we Laskey Mesa population, with Authors determined that the Laskey Mesa additional funding and management population was currently affected by forthcoming and no future land use The primary authors of this document nonnative, invasive grasses; effects of changes anticipated, we conclude that are the staff members of the Ventura small, isolated populations; and stressors affecting this population, such Fish and Wildlife Office. potentially climate change. We also as invasion of nonnative plants (Factors Authority determined at the time we issued that A and E), are not having significant proposed rule that the Santa Clarita impacts in this portion of the range. The authority for this action is the population was affected by nonnative, We have identified portions (both Endangered Species Act of 1973, as invasive grasses; Argentine ants; effects Santa Clarita and Laskey Mesa) of C. amended (16 U.S.C. 1531 et seq.). of small, isolated populations; and parryi var. fernandina’s range that may Dated: January 26, 2018 potentially climate change. The Santa be significant. We also identified a James W. Kurth, Clarita population would also be portion (Santa Clarita population) where Deputy Director, U.S. Fish and Wildlife affected in the future by the proposed the species may be in danger of Service, Exercising the Authority of the Newhall Ranch development project, extinction or likely to become so in the Director, U.S. Fish and Wildlife Service. which would result in removal of 24 foreseeable future, as a result of a greater [FR Doc. 2018–05081 Filed 3–14–18; 8:45 am] percent of the C. parryi var. fernandina concentration of threats. However, the population at this site. Therefore, the best information available does not BILLING CODE 4333–15–P Santa Clarita population portion of the support a conclusion that the species C. parryi var. fernandina’s range would may be in danger of extinction or likely be affected by a greater concentration of to become so in the foreseeable future in DEPARTMENT OF COMMERCE stressors than the Laskey Mesa the Santa Clarita portion of the range National Oceanic and Atmospheric population portion. At the time of the given the conservation efforts in the Administration proposed listing, this greater 2017 CCA. Also, while the Laskey Mesa portion of the range may be significant, concentration of the stressors at the 50 CFR Part 648 Santa Clarita population was considered there is no concentration of threats in to be significant, so this population may that portion that would lead us to [Docket No.: 180202111–8111–01] have met the definition of threatened or conclude that the species may be in RIN 0648–BH56 endangered in that portion of the range. danger of extinction or likely to become However, in considering whether the so in the foreseeable future. Therefore, Fisheries of the Northeastern United geographic concentration of threats in neither portion of C. parryi var. States; Framework Adjustment 29 to the Santa Clarita portion of the range are fernandina’s range warrants a detailed the Atlantic Sea Scallop Fishery such that the species may be threatened SPR analysis. Management Plan or endangered there, we now consider how the implementation of the 2017 Determination of Status AGENCY: National Marine Fisheries CCA have and will continue to We have carefully assessed the best Service (NMFS), National Oceanic and ameliorate these threats. With the scientific and commercial data available Atmospheric Administration (NOAA), implementation of the 2017 CCA, as regarding the past, present, and future Commerce. discussed above, we have determined threats to Chorizanthe parryi var. ACTION: Proposed rule; request for that the Santa Clarita portion of C. fernandina. We have determined that comments. parryi var. fernandina’s range currently the conservation efforts have sufficient does not meet the definition of a certainty of implementation and SUMMARY: NMFS proposes to approve threatened or endangered species. effectiveness such that they can be and implement the measures the portion As summarized under Ongoing and relied upon in this final listing of Framework Adjustment 29 Future Conservation Efforts and determination. Further, we conclude (Framework 29) to the Atlantic Sea Summary of PECE Analysis above, we that conservation efforts have reduced Scallop Fishery Management Plan that have a high degree of certainty that the or eliminated current and future threats establishes scallop specifications and 2017 CCA will continue to be to C. parryi var. fernandina to the point other measures for fishing years 2018 implemented and will be effective. The that it is not in danger of extinction now and 2019. The measures discussed in CCA provides for Newhall Land to throughout all or significant portions of this proposed rule are in addition to the voluntarily implement conservation its range, nor is it likely to become so Northern Gulf of Maine (NGOM) measures with the goal of establishing within the foreseeable future throughout management measures of Framework 29 new, protected spineflower occurrences all or any significant portion of its that were published in a separate within its historical range, such that no range; therefore, C. parryi var. proposed rule on February 20, 2018.

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