# Endangered and Threatened Wildlife and Plants; Reclassification of Acmispon dendroideus var. traskiae (=Lotus d. subsp. traskiae) and Castilleja grisea as Threatened Throughout Their Ranges

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A2013-17089

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** July 26, 2013
- **Citation:** 78 FR 45406

## Text

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2012-0007; FXES11130900000C5-123-FF09E32000]
RIN 1018-AY04

Endangered and Threatened Wildlife and Plants; Reclassification of
Acmispon dendroideus
var.
traskiae
(=
Lotus d.
subsp.
traskiae
) and
Castilleja grisea
as Threatened Throughout Their Ranges

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), are reclassifying
Acmispon dendroideus
var.
traskiae
(San Clemente Island lotus) and
Castilleja grisea
(San Clemente Island paintbrush) from endangered to threatened. The endangered designation no longer correctly reflects the status of these plants due to substantial improvement in their status. This action is based on a review of the best available scientific and commercial data, which indicate that the ongoing threats are not of sufficient imminence, intensity, or magnitude to indicate that
A. d.
var.
traskiae
and
C. grisea
are presently in danger of extinction across their ranges. While both taxa will continue to be impacted by military training activities and land use, erosion, nonnative plants, and fire, the significant increase in abundance (number of occurrences) of both taxa reduces the severity and magnitude of threats and the likelihood that any one event would affect all occurrences of either taxon. Additionally, the Department of the Navy (Navy) is implementing conservation actions through their Integrated Natural Resources Management Plan and has successfully reduced threats impacting both taxa and their habitat.

DATES:

This rule becomes effective on August 26, 2013.

ADDRESSES:

This final rule is available on the Internet at
http://www.regulations.gov
at Docket Number [FWS-R8-ES-2012-0007]. Comments and materials received, as well as supporting documentation used in the preparation of this rule, will be available for public inspection, by appointment, during normal business hours at: U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, CA 92008.

FOR FURTHER INFORMATION CONTACT:

Jim Bartel, Field Supervisor, Carlsbad Fish and Wildlife Office (see
ADDRESSES
); by telephone at 760-431-9440; or by facsimile (fax) at 760-431-9624. If you use a telecommunications device for the deaf (TDD), please call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

This is a final rule to reclassify
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
as threatened under the Act.

Species addressed. Acmispon
(previously listed as
Lotus
)
dendroideus
var.
traskiae
(previously San Clemente Island broom and currently known as San Clemente Island lotus), and
Castilleja grisea
(San Clemente Island paintbrush) are endemic to San Clemente Island, which is located 64 miles (mi) (103 kilometers (km)) west of San Diego, California. Current habitat conditions for
A. d.
var.
traskiae
and
C. grisea
on San Clemente Island are the result of present and historical land use practices. San Clemente Island is owned by the U.S. Department of the Navy and, with its associated offshore range complex, is the primary maritime training area for the Navy Pacific Fleet and Navy Sea, Air and Land teams (SEALs). The island also supports training by the U.S. Marine Corps, the U.S. Air Force, and other military organizations.

Purpose of the Regulatory Action.
Under the Endangered Species Act, we may be petitioned to list, delist, or reclassify a species. On May 18, 2010, we received a petition dated May 13, 2010, from the Pacific Legal Foundation, requesting, among other actions, that we reclassify
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
from endangered to threatened under the Act, based on the analysis and recommendations contained in the 2007 5-year reviews for these taxa. In 2011, we published a 90-day finding, which concluded that the petition contained substantial information indicating reclassification of the two San Clemente Island plants may be warranted. In 2012, we published a 12-month finding and proposed rule, and found that the petitioned action to downlist
A. d.
var.
traskiae
and
C. grisea
was warranted. Threats to these taxa, though ongoing, have been reduced since listing and are being managed by the Navy through implementation of their Integrated Natural Resources Management Plan. Occurrences of both taxa have increased in number as a result. Therefore, we have determined in this final rule that
A. d.
var.
traskiae
and
C. grisea
no longer meet the definition of endangered under the Endangered Species Act. Instead, both taxa will be reclassified from endangered to threatened to afford continued protection from ongoing threats.

This rule changes the listing of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
from endangered to threatened.

Basis for the Regulatory Action.
The increase in the number of occurrences of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
throughout the current range of each taxon demonstrates the success of the Navy's continued management activities on San Clemente Island. As a result, both taxa have increased their distribution and threats have been sufficiently reduced such that they are no longer in danger of extinction throughout all or a significant portion of their range. Therefore, these taxa no longer meet the definition of endangered under the Endangered Species Act. However, impacts due to military training activities, erosion, nonnatives, and fire are ongoing and the best available information indicates these taxa are likely to become endangered within the foreseeable future throughout all or a significant portion of their ranges. Therefore, we are reclassifying
A. d.
var.
traskiae
and
C. grisea
from endangered to threatened.
All comments we received support this action.

Acronyms Used

We use several acronyms throughout the preamble to this proposed rule. To assist the reader, we set them forth here:

AFP = Artillery Firing Point

AVMA = Assault Vehicle Maneuver Area

BMP = Best Management Practices

CESA = California Endangered Species Act (State of California)

CDFW = California Department of Fish and Wildlife (formerly CDFG, California Department of Fish and Game)

CNDDB = California Natural Diversity Database

DPS = Distinct Population Segment

EO = California Natural Diversity Database element occurrence

GIS = Geographic Information System

INRMP = Integrated Natural Resources Management Plan

IOA = Infantry Operations Areas

IPCC = Intergovernmental Panel on Climate Change

MOFMP = Military Operations and Fire Management Plan

Navy = United States Department of the Navy

NEPA = National Environmental Policy Act (Federal)

NPPA = Native Plant Protection Act (State of California)

OMB = Office of Management and Budget

PL = Point Location

SEALs = Navy Sea, Air, and Land teams

SERG = San Diego State University Soil Ecology and Restoration Group

SHOBA = Shore Bombardment Area

SPR = Significant Portion of the Range

SWAT = Special Warfare Training Areas

TAR = Training Area Ranges

USFWS; Service = United States Fish and Wildlife Service

Background

This is a final rule to reclassify
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
as threatened under the Act. It is our intent to discuss in this final rule only those topics directly relevant to the reclassification of
A. d.
var.
traskiae
and
C. grisea
under the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531
et seq.
). For more information on the biology and ecology of these taxa, refer to the 12-month finding and proposed rule to reclassify
A. d.
var.
traskiae
and
C. grisea
from endangered to threatened, which published in the
Federal Register
on May 16, 2012 (77 FR 29078).

Previous Federal Actions

Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
were listed as endangered under the Act on August 11, 1977 (42 FR 40682). Subsequently, a Recovery Plan for Channel Island species, including
A. d.
var.
traskiae
and
C. grisea,
was finalized in 1984 (USFWS 1984, pp. 1-165), and 5-year status reviews were completed for each of these taxa in 2007 (USFWS 2007a, pp. 1-22; USFWS 2007b, pp. 1-19) and 2012 (USFWS 2012a, pp. 1-11; USFWS 2012b, pp. 1-9). These status reviews recommended reclassification of
A. d.
var.
traskiae
and
C. grisea
from endangered to threatened status.

On May 18, 2010, we received a petition dated May 13, 2010, from the Pacific Legal Foundation requesting that the Service delist
Oenothera californica
(
avita
) subsp.
eurekensis
(Eureka Valley evening-primrose) and
Swallenia alexandrae
(Eureka Valley dunegrass), and downlist tidewater goby (
Eucyclogobius newberryi
),
Malacothamnus clementinus
(San Clemente Island bush mallow),
Acmispon dendroideus
(
Lotus scoparius
subsp.) var.
traskiae,
and
Castilleja grisea
from endangered to threatened under the Act. The petition was based on the analysis and recommendations contained in the 2007 5-year reviews for these taxa. In a letter to the petitioner dated September 10, 2010, we acknowledged receipt of the petition and initiated a review of the petition under a provision of section 4 of the Act. We stated that we anticipated making an initial 90-day finding in Fiscal Year 2011 (based on available staffing and funding) as to whether or not the petition presented substantial information indicating that the requested action may be warranted.

On January 19, 2011, we published a 90-day finding (76 FR 3069). In the 90-day finding, we concluded that the petition and information in our files provided substantial information that indicated the delisting of
Oenothera californica
(
avita
) subsp.
eurekensis
and
Swallenia alexandrae,
and downlisting of tidewater goby,
Malacothamnus clementinus, Acmispon dendroideus
(
Lotus scoparius
subsp.) var.
traskiae,
and
Castilleja grisea
may be warranted, and announced that we were initiating status reviews for these species. On May 16, 2012, we announced the completion of our status review of the three San Clemente Island plant taxa, and issued a proposed rule to reclassify
A. d.
var.
traskiae
and
C. grisea
from endangered to threatened (we found reclassification of
M. clementinus
was not warranted) (77 FR 29078, USFWS 2012, p. 29078). This document is our final rule to reclassify
A. d.
var.
traskiae
and
C. grisea
from endangered to threatened (the 12-month findings for
O. c. (avita)
subsp. e
urekensis, S. alexandrae,
and tidewater goby will be addressed in separate documents).

Taxonomic Correction

Acmispon dendroideus
var.
traskiae
has undergone taxonomic realignments since it was listed in 1977 (42 FR 40682; August 11, 1977). In our proposed rule to reclassify this taxon as a threatened species, we accepted the change of scientific name to
Acmispon dendroideus
(Greene) Brouillet var.
traskiae
(Noddin) Brouillet from
Lotus dendroideus
subsp.
traskiae.
This change was supported by morphological and molecular data (Allan and Porter 2000, p. 1876; Sokoloff 2000, p. 128; Brouillet 2008, p. 389). Please see the Species Description and Taxonomy—
Acmispon dendroideus
var.
traskiae
section of the proposed rule for a detailed explanation of this taxonomic correction.

Changes From Proposed Rule

(1) In the proposed rule to reclassify
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea,
we defined occurrences of the two taxa by mapping smaller groupings of plants (point locations) and combining point locations that fall within 0.25 mi (402 m) of one another with any corresponding California Natural Diversity Database (CNDDB) polygons representing elemental occurrences. Since publication of the proposed rule, most of the point locations have been assigned elemental occurrence numbers in CNDDB, and many elemental occurrences in CNDDB have been combined.

(2) The Navy informed us that the West Cove occurrence of
Castilleja grisea
was an error. Therefore, we removed the West Cove occurrence from our records and revised discussions of the taxon in this rule. This change has no effect on our finding regarding the reclassification of the taxon; although we recognize one less occurrence of the species, more individual
C. grisea
plants have been identified since the publication of the proposed rule, indicating that the plant's abundance is continuing to increase in response to the Navy's recovery efforts.

Current information for each occurrence of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
is presented in table 1 and in figures 1 and 2. Groups of plants were described in the past using many different terms including: Point localities, populations, occurrences, and element occurrences. Unless referring to a specific author's research and language, we refer to identifiable and separable groups of plants as “occurrences” in this final rule. We defined these occurrences by mapping smaller groupings of plants (point locations) and combining point locations that fall within 0.25 mi (402 m) of one another with any corresponding California Natural Diversity Database (CNDDB) polygons. These combined points meet the broader California Department of Fish and Wildlife (CDFW) definition of an element occurrence, which is a record of an observation or series of observations. Information for each occurrence of these two taxa is described in table 1.

Table 1—Distribution and Status of Occurrences of
Acmispon dendroideus

var.

traskiae
(San Clemente Island Lotus) and
Castilleja grisea
(San Clemente Island Paintbrush)

Location description
(occurrences)

Element
occurrence (EO) No. and point

location (PL)
1

Status
2
at listing; year of first record

Current status
(reference)

Current threats
3

Military use
4

Acmispon dendroideus
var.
traskiae

Eagle Canyon
EO 1, 21; 9 PLs
extant; 1980 CNDDB
extant (Junak 2006, SERG 2008, CNDDB 2013)
A: land use, erosion, nonnatives, fire; E: movement, fire, climate
low military value; area recently closed.

Bryce Canyon
EO 1; 14 PLs
unknown
Extant (SERG 2009, CNDDB 2013)
A: nonnatives, fire; E: fire, climate
low military value; area recently closed.

North Mosquito Cove
EO 1; 14 PLs
extant; 1939 herbarium record
Extant (SERG 2010)
A: land use, erosion, nonnatives, fire; E: movement, fire, climate
low military value; area recently closed.

Canchalagua Canyon (including south Mosquito Cove)
EO 4, 23; 21 PLs
unknown
extant (SERG 2011)
A: land use, erosion, nonnatives, fire; E: movement, fire, climate
low military value; area recently closed.

Thirst Canyon (including Vista Canyon)
EO 20, 8 PLs
unknown
Extant (SERG 2009, CNDDB 2013)
A: nonnatives, fire; E: fire, climate
medium military value.

Cave Canyon
EO 22, 42, 43; 3 PLs
unknown
presumed extant (Junak 1997, CNDDB 2013)
A: nonnatives, fire; E: fire, climate
medium military value.

Horse Canyon
EO 41; 2 PLs
unknown
presumed extant (Junak 1997, CNDDB 2013)
A: nonnatives, fire; E: fire, climate
medium military value.

Pyramid Head
EO 5; 1 PL
extant; 1979 CNDDB
presumed extant (Junak 1997)
A: nonnatives, fire; E: fire, climate
high military value; area closed.

SHOBA Boundary (north to Twin Dams Canyon)
EO 17, 18, 19, 33; 8 PLs
unknown
presumed extant (Junak 1996, CNDDB 2013)
A: nonnatives; E: climate
medium military value.

Twin Dams Canyon
EO 32; 2 PLs
unknown
Extant (Junak 2006, CNDDB 2013)
A: nonnatives; E: climate
medium military value.

Horton Canyon (including Stone, Burn's, and Horton Canyons)
EO 13; 27 PLs
unknown
Extant (SERG 2010)
A: erosion, nonnatives; E: climate
medium military value.

Tota Canyon
EO 13; 7 PLs
unknown
presumed extant (SERG 2010, CNDDB 2013)
A: erosion, nonnatives; E: climate
low military value.

Lemon Tank Canyon (including Nanny Canyon)
EO 16, 25; 19 PLs
unknown
extant (Junak 2004, CNDDB 2013)
A: erosion, nonnatives; E: movement, climate
low military value; area partially closed.

Larkspur Canyon
EO 24; 2 PLs
unknown
extant (SERG 2011, CNDDB 2013)
A: erosion, nonnatives, fire; E: movement, fire, climate
low military value.

Chamish Canyon
EO 3; 1 PL
extant; 1980 CNDDB
presumed extant (Junak 1997)
A: erosion, nonnatives, fire; E: movement, fire, climate
low military value.

Box Canyon
EO 40; 2 PLs
unknown
presumed extant (Junak 1997, CNDDB 2013)
A: nonnatives; E: climate
low military value.

Norton Canyon
EO 36, 38, 39; 1 PL
unknown
extant (Junak 2004, CNDDB 2013)
A: nonnatives; E: climate, hybridization
low military value.

Upper Middle Ranch Canyon
EO 10, 5 PLs
unknown
extant (Junak 2004)
A: erosion, nonnatives; E: climate
low military value.

Lower Middle Ranch Canyon
EO 37; 3 PLs
unknown
extant (SERG 2008, CNDDB 2013)
A: nonnatives; E: climate
low military value.

Waymuck Canyon
EO 34; 4 PLs
unknown
extant (SERG 2011, CNDDB 2013)
A: nonnatives; E: climate
high military value.

Warren Canyon
EO 35, 12; 20 PLs
unknown
extant (SERG 2011, CNDDB 2013)
A: erosion, nonnatives; E: movement, climate
high military value.

Middle Wallrock Canyon
EO 29, 31; 10 PLs
unknown
extant (Junak 2004, CNDDB 2013)
A: nonnatives; E: movement, climate
high military value.

Upper Wallrock Canyon
EO 30; 3 PLs
unknown
extant (Junak 2006, CNDDB 2013)
A: erosion, nonnatives; E: climate
high military value.

Seal Cove Terraces
EO 14, 27, 28; 3 PLs
unknown
extant (Junak 2004, CNDDB 2013)
A: erosion, nonnatives, fire; E: movement, fire, climate
high military value.

Eel Cove Canyon (including terraces)
EO 26; 6 PLs
unknown
extant (SERG 2010, CNDDB 2013)
A: erosion, nonnatives, fire; E: movement, fire, climate
high military value.

Middle Island Plateau
EO 7; 6 PLs
unknown
extant (Tierra Data 2007)
A: land use, erosion, nonnatives, fire; E: movement, fire, climate
high military value.

Wilson Cove
EO 11; 52 PLs
extant; 1981 CNDDB
extant (SERG 2010)
A: land use, erosion, nonnatives, fire; E: movement, fire, climate, hybridization
high military value.

North Wilson Cove
EO 9; no PLs
extant; 1959 herbarium record
Unknown
A: erosion, nonnatives; E: climate
high military value.

North Island Terraces
EO 15; no PLs
unknown
presumed extant (CNDDB 1996)
A: erosion, nonnatives; E: movement, climate
medium military value.

Castilleja grisea

Thirst Canyon (including Vista Canyon)
EO 3; 21 PLs
extant; 1980 CNDDB
extant (SERG 2010)
A: nonnatives, fire; E: climate
medium military value.

Eagle Canyon (including Grove Canyon)
EO 3; 50 PLs
extant; 1979 herbarium record
extant (Tierra Data 2006)
A: land use, erosion, nonnatives, fire; E: movement, climate
low military value; area recently closed.

Bryce Canyon
EO 3, 50; 43 PLs
extant; 1979 GIS data
extant (SERG 2010, CNDDB 2013)
A: land use, erosion, nonnatives, fire; E: movement, climate
low military value; area recently closed.

Canchalagua Canyon (including south Mosquito Cove and Matriarch Canyon)
EO 3, 29; 56 PLs
extant; 1963 herbarium record
extant (SERG 2011, CNDDB 2013)
A: land use, erosion, nonnatives, fire, fire management; E: movement, climate
low military value; area recently closed.

Knob Canyon
EO 2; 21 PLs
extant; 1979 CNDDB
extant (Tierra Data 2006, SERG 2008)
A: land use, erosion, nonnatives, fire, fire management; E: movement, climate
low military value; area recently closed.

Pyramid Head
EO 1; 25 PLs
extant; 1965 herbarium record
extant (SERG 2011)
A: land use, erosion, nonnatives, fire; E: movement, climate
high military value; partially recently closed.

Snake Canyon (including Sun Point)
EO 1; 4 PLs
extant; 1939 CNDDB
presumed extant (Junak 1997)
A: nonnatives, fire; E: fire, climate
high military value; area closed.

Upper Chenetti Canyon
EO 34, 53; 1 PL
unknown
extant (Junak 2004, CNDDB 2013)
A: nonnatives, erosion, fire, fire management; E: fire, climate
high military value; area closed.

Horse Beach Canyon
EO 25; 49 PLs
extant; 1939 herbarium record
presumed extant (Junak 2006)
A: land use, erosion, nonnatives, fire, fire management; E: movement, fire, climate
high military value; area closed.

China Canyon
EO 25, 28, 50; 6 PLs
extant; 1939 herbarium record
presumed extant (Junak 1997; SERG 2009, CNDDB 2013)
A: land use, erosion, nonnatives, fire, fire management; E: movement, fire, climate
high military value; area closed.

Red Canyon
EO 36; no PLs
extant; 1975 herbarium record
presumed extant (CNDDB 1986)
A: land use, erosion, nonnatives, fire, fire management; E: movement, fire, climate
high military value; area closed.

Kinkipar Canyon
EO 52; 2 PLs
unknown
extant (SERG 2006, CNDDB 2013)
A: nonnatives, fire; E: climate
medium military value.

Cave Canyon
EO 17, 38; 9 PLs
extant; 1980 CNDDB
extant (SERG 2009, CNDDB 2013)
A: nonnatives, fire; E: climate
medium military value.

Horse Canyon
EO 26, 67; 6 PLs
unknown
extant (SERG 2010, CNDDB 2013)
A: nonnatives, fire; E: climate
medium military value.

Upper Horse Canyon
EO 19; 1 PL
extant; 1979 CNDDB
extant (Junak 2004)
A: erosion, nonnatives, fire; E: climate
medium military value.

SHOBA Boundary (north to and including Twin Dams Canyon)
EO 3; 55 PLs
extant; 1965 CNDDB
extant (Junak 2006, SERG 2011)
A: nonnatives; E: climate
medium military value.

Horton Canyon (including Stone and Burn's Canyons)
EO 3; 24 PLs
extant; 1981 CNDDB
extant (Junak 2006, SERG 2010)
A: erosion, nonnatives; E: climate
medium military value.

Lemon Tank Canyon (including Tota Canyon)
EO 3; 14 PLs
unknown
extant (SERG 2010)
A: land use, erosion, nonnatives, fire; E: movement, fire, climate
low military value; area closed.

Nanny Canyon
EO 13, 60; 3 PLs
extant; 1979 CNDDB
extant (Junak 2004, CNDDB 2013)
A: nonnatives; E: movement, climate
low military value; area partially closed.

Larkspur Canyon (including Chamish Canyon)
EO 14, 68; 15 PLs
extant; 1981 CNDDB
extant (SERG 2006-2011, CNDDB 2013)
A: land use, erosion, nonnatives, fire; E: movement, fire, climate
low military value.

Box Canyon
EO 20, 66; 22 PLs
extant; 1979 CNDDB
extant (SERG 2011, CNDDB 2013)
A: nonnatives; E: fire, climate
low military value.

Upper Norton Canyon
EO 20; 6 PLs
extant; 1979 CNDDB
extant (SERG 2011)
A: nonnatives; E: fire, climate
low military value.

Middle Ranch Canyon
EO 24, 65; 8 PLs
extant; 1981 CNDDB
extant (SERG 2008, CNDDB 2013)
A: nonnatives; E: climate
low military value.

Waymuck Canyon
EO 22; 1 PL
unknown
extant (Junak 2004)
A: nonnatives; E: climate
high military value.

Plain northeast of Warren Canyon
EO 63, 64; 4 PLs
unknown
extant (Tierra Data 2007, CNDDB 2013)
A: land use, erosion, nonnatives; E: movement, climate
medium military value.

Seal Cove Terraces
EO 62; 2 PLs
unknown
extant (CNDDB 1985, SERG 2010, CNDDB 2013)
A: erosion, nonnatives, fire; E: movement, fire, climate
high military value.

Eel Cove Canyon (including terraces)
EO 61; 3 PLs
unknown
extant (Junak 2004, CNDDB 2013)
A: nonnatives, fire; E: movement, fire, climate
high military value.

Terrace Canyon (south to terraces around Spray)
EO 55, 56, 57, 58, 59, 69; 6 PLs
unknown
presumed extant (SERG 2004, CNDDB 2013)
A: erosion, nonnatives; E: movement, climate
high military value.

1
EO: element occurrence, as defined and described according to the California Natural Diversity Database. PL: point locations of plants.

2
Threats identified in the listing rule for these two taxa include: Factor A: habitat modification by feral animals; Factor C: grazing by animals; Factor E: nonnative plants.

3
Current threats: Nonnatives = Nonnative Plants; Movement = Movement of Vehicles and Troops; Climate = Climate Change; Genetic = Genetic Diversity.

4
Military value as defined in the Navy's 2002 INRMP. Values defined according to the management emphasis, with high-value areas designated for maximum military use and low-value areas retaining the greatest flexibility for maintaining natural resource values.

BILLING CODE 4310-55-P

ER26JY13.015

ER26JY13.016

BILLING CODE 4310-55-C

(3) In the proposed rule, we discussed a study by Liston
et al.
(1990), who performed genetic analysis on 38 plants (6
Acmispon argophyllus
var.
argenteus
and 32
Acmispon dendroideus
var.
traskiae
) in the vicinity of Wilson Cove to determine the extent of hybridization between the two taxa (Liston
et al.
1990, pp. 239-244). Liston
et al.
(1990, p. 240) detected 4 hybrids out of the 38 plants examined (11 percent). Since publication of the proposed rule, we received information from a peer reviewer regarding a more recent study. Dr. Mitchell McGlaughlin (University of Northern Colorado, 2012, pers. comm.) in collaboration with Dr. Kaius Helenurm analyzed 219
A. d.
var.

traskiae
and
A. argophyllus
var.
argenteus
plants and found evidence of hybridization in 12 plants (approximately 5 percent). The hybrid plants were found at Wilson Cove, Pyramid Head, Bryce Canyon, Eagle Canyon, Waymuck Canyon (between 1 and 4 hybrids were documented at each site out of an average of 20 plants sampled per site) (McGlaughlin 2012, pers. comm). McGlaughlin (2012, pers. comm.) concludes that the data indicate hybridization between these taxa is relatively rare and may not represent a significant threat to
A. d.
var.
traskiae.
Further details of this study are discussed below in the Five-Factor Analysis for
A. d.
var.
traskiae.

Recovery

Section 4(f) of the Act directs us to develop and implement recovery plans for the conservation and survival of endangered and threatened species unless we determine that such a plan will not promote the conservation of the species. The Act directs that, to the maximum extent practicable, we incorporate into each plan:

(1) Site-specific management actions that may be necessary to achieve the plan's goals for conservation and survival of the species;

(2) Objective, measurable criteria, which when met would result in a determination, in accordance with the provisions of section 4 of the Act, that the species be removed from the list; and

(3) Estimates of the time required and cost to carry out the plan.

Revisions to the list (adding, removing, or reclassifying a species) must reflect determinations made in accordance with sections 4(a)(1) and 4(b) of the Act. Section 4(a)(1) requires that the Secretary determine whether a species is endangered or threatened (or not) because of one or more of five threat factors. Objective, measurable criteria, or recovery criteria contained in recovery plans, help indicate when we would anticipate an analysis of the five threat factors under section 4(a)(1) would result in a determination that a species is no longer endangered or threatened. Section 4(b) of the Act requires that the determination be made “solely on the basis of the best scientific and commercial data available.”

While recovery plans are intended to provide guidance to the Service, States, and other partners on methods of minimizing threats to listed species and on criteria that may be used to determine when recovery is achieved, they are not regulatory documents and cannot substitute for the determinations and promulgation of regulations required under section 4(a)(1) of the Act. Determinations to remove a species from the list made under section 4(a)(1) of the Act must be based on the best scientific and commercial data available at the time of the determination, regardless of whether that information differs from the recovery plan.

In the course of implementing conservation actions for a species, new information is often gained that requires recovery efforts to be modified accordingly. There are many paths to accomplishing recovery of a species, and recovery may be achieved without all criteria being fully met. For example, one or more recovery criteria may have been exceeded while other criteria may not have been accomplished, yet the Service may judge that, overall, the threats have been minimized sufficiently, and the species is robust enough, that the Service may reclassify the species from endangered to threatened or perhaps delist the species. In other cases, recovery opportunities may have been recognized that were not known at the time the recovery plan was finalized. These opportunities may be used instead of methods identified in the recovery plan.

Likewise, information on the species may be learned that was not known at the time the recovery plan was finalized. The new information may change the extent that criteria need to be met for recognizing recovery of the species. Overall, recovery of species is a dynamic process requiring adaptive management, planning, implementing, and evaluating the degree of recovery of a species that may, or may not, fully follow the guidance provided in a recovery plan.

Thus, while the recovery plan provides important guidance on the direction and strategy for recovery, and indicates when a rulemaking process may be initiated, the determination to remove a species from the Federal List of Endangered and Threatened Plants (50 CFR 17.12) is ultimately based on an analysis of whether a species is no longer endangered or threatened. The following discussion provides a brief review of recovery planning for
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea,
as well as an analysis of the recovery criteria and goals as they relate to evaluating the status of the taxa.

In 1984, we published the California Channel Islands Species Recovery Plan (Recovery Plan) that addresses seven listed taxa (including
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
) and three candidate taxa distributed among three of the Channel Islands (USFWS 1984). Recovery plans are intended to guide actions to recover listed species and to provide measurable objectives against which to measure progress towards recovery. Following guidance in effect at that time, the Recovery Plan was not focused on criteria that specifically addressed the point at which threats identified for each species in the listing rule would be removed or sufficiently ameliorated. Given the threats in common to the species addressed, the Recovery Plan is broad in scope and focuses on restoration of habitats and ecosystem function. Instead of specific criteria, it included six general objectives covering all of the plant and animal species:

Objective 1: Identify present adverse impacts to biological resources and strive to eliminate them.

Objective 2: Protect known resources from further degradation by: (a) Removal of feral herbivores, carnivores, and selected exotic plant species; (b) control of erosion in sensitive locations; and (c) direct military operations and adverse recreational uses away from biologically sensitive areas.

Objective 3: Restore habitats by revegetation of disturbed areas using native species.

Objective 4: Identify areas of San Clemente Island where habitat restoration and population increase of certain addressed taxa may be achieved through a careful survey of the island and research on habitat requirements of each taxon.

Objective 5: Delist or upgrade the listing status of those taxa that achieve vigorous, self-sustaining population levels as the result of habitat stabilization, restoration, and preventing or minimizing adverse human-related impacts.

Objective 6: Monitor effectiveness of recovery effort by undertaking baseline quantitative studies and subsequent followup work (USFWS 1984, pp. 106-107).

Progress has been made toward achieving these objectives. Our review of the Recovery Plan focuses on the actions identified that promote the recovery of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea.
The Recovery Plan adopts a generalized strategy of eliminating or controlling selected nonnative species and restoring habitat conditions on the Channel Islands to support viable, self-sustaining occurrences of each of the addressed taxa. The Recovery Plan states that “[o]nce the threats to these taxa have been removed or minimized and the habitats are restored, adequately protected, and properly managed, reclassification for some taxa may be considered” (USFWS 1984, p. 108).

Actions specified in the Recovery Plan that are pertinent to recovery of the endangered San Clemente Island plant taxa include:

(1) Removing feral animals;

(2) Removing or controlling selected nonnative plants;

(3) Controlling erosion;

(4) Revegetating eroded and disturbed areas;

(5) Reintroducing and reestablishing listed plant species populations;

(6) Modifying existing management plans to minimize habitat disturbance and incorporate recovery actions into natural resource management plans;

(7) Protecting habitat by minimizing habitat loss and disturbance and by preventing the introduction of additional nonnative organisms;

(8) Determining the habitat and other ecological requirements of the listed plant taxa (such as reproductive biology and fire tolerance);

(9) Evaluating the success of management actions;

(10) Increasing public support for recovery efforts; and

(11) Using existing laws and regulations to protect each taxon.

Recovery Plan Implementation

The primary objective of the Recovery Plan is to restore endangered and threatened species to nonlisted status. Though the specific sizes and numbers of occurrences needed for self-sustaining populations for each species were not identified, habitat restoration and protection that would result in achieving self-sustaining populations were discussed (see Objective 5). The Recovery Plan stated that reclassification of these taxa may be considered after threats have been removed or sufficiently minimized and the habitat is restored. Specific criteria for determining when threats have been removed or sufficiently minimized were not identified in the Recovery Plan, but six objectives were described in general to achieve recovery of the Channel Island species. This section provides a summary of actions and activities that have been implemented according to the 1984 Recovery Plan (USFWS 1984, pp. 106-107) and contribute to achievement of these objectives.

Objective 1: Identify present adverse impacts to biological resources and strive to eliminate them.

The Navy has taken significant steps to eliminate incidental impacts to
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
by educating Navy personnel stationed on San Clemente Island. The Navy also created the position of Island Operations Manager to increase support for recovery efforts on the island. This individual's role is to act as a liaison between the Navy's natural resource branch and other island users (Larson 2009, pers. comm.). The Island Operations Manager educates users of the island to the uniqueness and fragility of the island's ecosystem, and briefs new operational groups as they come onto the island (Larson 2009, pers. comm.). These briefings inform operational groups of the Navy's natural resource management responsibilities under the law, and may include additional information about threats to, and locations of, listed taxa.

The Recovery Plan recommends that existing laws and regulations be used to protect
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
from threats on San Clemente Island. Based on the occurrence of these taxa on federally owned land, the primary laws with potential to protect them include the National Environmental Policy Act (NEPA) and the Act. NEPA requires Federal action agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. The Navy has implemented NEPA since its enactment in 1970. Likewise, the Navy has a history of consultation and coordination with us under the Act regarding the effects of various San Clemente Island activities on federally listed species since taxa on the island were first listed in 1977. Finally, pursuant to the Sikes Act Improvement Act (Sikes Act), the Navy adopted an Integrated Natural Resources Management Plan (INRMP) for San Clemente Island in 2002 that helps guide the management and protection of these taxa (Navy 2002, pp. 1.1-8.12).

The Sikes Act (16 U.S.C. 670) authorizes the Secretary of Defense to develop cooperative plans with the Secretaries of Agriculture and the Interior for natural resources on public lands (see
Sikes Act Improvement Act
section under
Factor D. Inadequacy of Existing Regulatory Mechanisms
below for further discussion). An INRMP is a plan that is intended “. . . to guide installation commanders in managing their natural resources in a manner that is consistent with the sustainability of those resources while ensuring continued support of the military mission” (Navy 2002, p. 1-1). To achieve this, the INRMP identifies goals and objectives for specified management units and their natural resources. The following objectives have been incorporated as part of the INRMP to address the Recovery Plan task of incorporating recovery actions into existing management plans (Navy 2002, pp. 4-38-4-40):

(1) Protect, monitor, and restore plants and cryptograms (soil crusts composed of living cyanobacteria, algae, fungi, or moss) in order to manage for their long-term sustainability on the island;

(2) Conduct status surveys for listed plants;

(3) Ensure that Management Focus Plants have a network of suitable sites;

(4) Perform studies to determine the pollinators of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea;
and

(5) Continue to apply genetic research and management approaches to rare plant management.

Through these mechanisms, the Navy is required to identify and address all threats to these species during the INRMP planning process. If possible, threats are ameliorated, eliminated, or mitigated through this procedure. The Navy has strived to fulfill this objective through both internal planning (INRMP) and through compliance with Federal law (consultations with us under the Act and preparing environmental review documents under NEPA). As discussed below under the five factors, the actions taken by the Navy under the INRMP have not completely eliminated all adverse impacts, but their efforts have greatly reduced many of the current threats impacting these taxa. These contributions to the elimination of adverse impacts partially fulfill, but do not fully achieve, the objective for the two species.

Objective 2: Protect known resources from further degradation by: (a) removal of feral herbivores, carnivores, and selected exotic plant species; (b) control of unnatural erosion in sensitive locations; and (c) directing military operations and adverse recreational uses away from biologically sensitive areas.

In 1992, the Navy fulfilled a major part of this objective by removing the last of the feral goats and pigs from San Clemente Island. Nonnative plants have also been targeted for removal from San Clemente Island, and efforts to control nonnatives have been implemented on an annual basis since approximately 1993 (O'Connor 2009a, pers. comm.; Munson 2013, pers. comm.). The specific nonnative plants targeted and amount of money allocated to this program are adjusted on an annual basis (O'Connor 2009b, pers. comm.; Munson 2013, pers. comm.). The effectiveness of this program was improved by providing authorization to apply herbicides (O'Connor 2009b, pers.

comm.; Munson 2013, pers. comm.). Priorities in the nonnative plant program are currently focused on new nonnatives to the island and particularly destructive nonnative species.

The Navy is also taking steps to minimize the effects of erosion on the island. Erosion control measures are being incorporated into project designs to minimize the potential to exacerbate existing erosion (O'Connor 2009c, pers. comm.; Munson 2013, pers. comm.). With the expansion of military operational areas, the Navy committed to prepare and implement an erosion control plan that will minimize soil erosion within and adjoining the operational areas (Navy 2008b, pp. 5-30; USFWS 2008 p. 62). The Navy is nearing finalization of the erosion control plan, and has agreed not to conduct training activities that may lead to impacts from erosion until the plan is successfully implemented (Munson 2013, pers. comm.). The Navy is using best management practices (BMPs) when creating and approving projects that might contribute to erosion on the island (Munson 2013, pers. comm.). It is, however, unclear whether erosion control measures will be implemented consistently in areas that are closed to monitoring and access due to unexploded ordnance. The proposed erosion control plan includes development and application of BMPs such as: establishing setbacks and buffers from steep slopes, drainages, and sensitive resources; constructing site-specific erosion control structures; conducting revegetation and routine maintenance; and monitoring and adjusting the BMPs as appropriate. The Navy has taken steps to reduce the threat of erosion on the island and contribute to the achievement of this objective.

The Navy is taking precautions to avoid plants when possible to minimize direct impacts to
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
resulting from military activities. For example, in the Military Operations and Fire Management Plan (MOFMP), the Navy proposed to develop a Training Area Range (TAR) that contained
A. d.
var.
traskiae
within its boundaries. After consultation with the Service, the Navy revised these boundaries to avoid most of the
A. d.
var.
traskiae
and minimize the impact of training on the species (USFWS 2008, p. 118).

This objective has been largely met for
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea.
Feral herbivores have been removed, erosion control measures are being implemented, and military activities are avoiding direct impacts to plants whenever possible. The Navy is also developing an erosion control plan for military activities.

Objective 3: Restore habitats by revegetation of disturbed areas using native species.

Since 2001, the Navy has contracted with the San Diego State University Soil Ecology and Restoration Group (SERG) to propagate and outplant (transplant individuals from the greenhouse to vegetative communities) native species on the island (Howe 2009, pers. comm.; Munson 2013, pers. comm.). The SERG has outplanted about 4,000 native plants in the past 5 years, and thousands of native plants were outplanted by SERG before that time (Munson 2013, pers. comm.). There have been about 4,000 recruits documented at outplanting sites (Munson 2013, pers. comm.). This program has not included propagation and outplanting of listed plant taxa, except in one instance to replace
Acmispon dendroideus
var.
traskiae
plants that were extirpated during a scrap metal removal project (Munson 2011, pers. comm.). The outplanting of native species is primarily focused on restoring sensitive habitats on the island and improving habitat conditions for endangered animal taxa (such as the San Clemente loggerhead shrike (
Lanius ludovicianus mearnsi
)), with some revegetation of eroded and disturbed areas (O'Connor 2009b, pers. comm.; Munson 2013, pers. comm.). Although only one of the restoration efforts was specifically designed for the benefit of one of the plant taxa addressed in this rule, restoration of the island's vegetation communities should help improve habitat suitability for both taxa by reducing the spread of invasive nonnative plants and restoring ecological processes. Although progress has been made toward restoring disturbed areas, areas still exist (e.g., especially within SHOBA) that need further restoration of native species. Therefore, while restoration is occurring, the objective has not been fully met at this time for
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea.

Objective 4: Identify areas of San Clemente Island where habitat restoration and population increase of certain addressed taxa may be achieved through a careful survey of the island and research on habitat requirements of each taxon.

A number of studies have addressed the ecology, taxonomy, and genetics of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
since they were listed. Evans and Bohn (1987, pp. 537-545) observed insects on plants, collected seeds, and studied the germination of
A. d.
var.
traskiae
and
C. grisea.
Junak and Wilken (1998, pp. 1-426) studied flowering and fruiting in natural populations and performed germination trials with collected seeds from both taxa. Allan (1999, pp. 46-105) observed pollinators and germinated seeds collected from
A. d.
var.
traskiae.
Liston
et al.
(1990) confirmed suspected hybridization between
A. d.
var.
traskiae
and
A. argophyllus
var.
argenteus
using genetic techniques. Additionally, Allan (1999, pp. 46-105) surveyed the genetics of a number of taxa within the genus
Lotus,
including a group that includes
A. d.
var.
traskiae,
to compare genetic divergence between California mainland and island taxa. Helenurm
et al.
(2005, pp. 1221-1227) studied patterns of genetic variation among occurrences of
C. grisea.
These studies have helped to elucidate potential plant pollinators and mating systems, develop plant propagation techniques, and design management strategies that take into consideration genetic factors. There is a growing body of knowledge on the habitat requirements and life history of listed species on the island. This research, encouraged and supported by the Navy, will continue to contribute to achieving Objective 4 and to planning successful restoration of habitat and recovery of both taxa. Additional surveys and research necessary to identify appropriate restoration, management, and recovery actions include: research on the degree of hybridization in
A. d.
var.
traskiae
and study of the host plants of
C. grisea.
Thus, this objective has not been fully achieved at this time for these taxa.

Objective 5: Delist or upgrade the listing status of those taxa that achieve vigorous, self-sustaining population levels as the result of habitat stabilization, restoration, and preventing or minimizing adverse human-related impacts.

The distributions of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
have increased substantially over much of the island since listing. There are now vigorous, self-sustaining occurrences of
A. d.
var.
traskiae
and
C. grisea
on San Clemente Island, as described above. Threats to these taxa have also been reduced due to management actions carried out by the Navy (USFWS 2007a, pp. 1-22; USFWS 2007b, pp. 1-19). Although the goal of delisting has not yet been met, the objective to improve the status of
A. d.
var.
traskiae
and
C. grisea
to the point they can be reclassified has been met.

Objective 6: Monitor effectiveness of recovery efforts by undertaking baseline quantitative studies and subsequent followup work.

To evaluate the success of management actions undertaken to benefit listed plant taxa, the Navy implemented a long-term vegetation monitoring study (Tierra Data Inc. 2005, pp. i-96 and Appendices) and commissioned sensitive plant surveys (Junak and Wilken 1998, pp. 1-416; Junak 2006, pp. 1-176). Overall, vegetation trend monitoring reveals that the cover of both native and nonnative plant species has changed since the removal of feral goats and pigs, but the response of individual species and vegetative communities has varied, with some species and communities exhibiting greater changes than others. Discerning long-term vegetative community trends is difficult because the vegetative community study was preceded by a wet year that likely had a strong influence on the data collected (Tierra Data Inc. 2005, p. 29). Within the few monitoring plots that included
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea,
occurrence counts varied among years and did not provide a clear indication of trend (Tierra Data Inc. 2005, pp. 79-80). The clearest indication of the success of feral animal removals for listed taxa was obtained from rare plant survey data (Junak and Wilken 1998, pp. 1-416, GIS data; Junak 2006, pp. 1-176, GIS data; Tierra Data Inc. 2008, pp. 1-24, appendices and GIS data; SERG 2009-2011, GIS data). These surveys have added substantially to the number of documented occurrences of each taxon.

Rare plant surveys and island flora studies have documented many more locations occupied by
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
than were known at the time of listing. Since listing, 23 additional occurrences of
A. d.
var.
traskiae,
and 10 additional occurrences of
C. grisea
have been documented (Table 1). It is unknown whether the higher number of occurrences represents detections due to increased survey efforts, recruitment from the seed bank, or recolonization by the plants as a result of management actions implemented by the Navy to conserve listed species on the island. However, this improvement in the documented status of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
suggests that feral goats and pigs were a significant threat to each. Thus, their improved status may largely be due to the implementation of a single action identified in the Recovery Plan. Because portions of the island remain closed, monitoring effectiveness of recovery efforts is not being fully implemented. Occurrences for each species, as described in the proposed rule, are closed to access for monitoring or any recovery efforts. Thus, Objective 6 cannot be fully met for the two taxa under current operational closure directives.

Summary of Recovery Plan Implementation

In summary, while the Recovery Plan does not include taxon-specific downlisting or delisting criteria for measuring the recovery of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea,
many of the actions identified in the Recovery Plan have been implemented to benefit these taxa. Most significantly, the Navy removed feral goats and pigs from San Clemente Island in 1992. The improvement in the documented status of each of these listed plant taxa suggests that the removal of these animals was integral to establishing vigorous, self-sustaining occurrences.

Threats are reduced in areas occupied by
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea,
and many of the objectives have been met in part or full for these two taxa. Additionally, the ecology and genetics of each of these taxa have been studied, and a number of programs are now in place to improve habitat suitability, prevent introductions of nonnative species, guide and track management efforts, and protect occurrences of these plant taxa. We investigated other potential threats for these taxa and concluded that they do not pose significant impacts at all occurrences. Based on our review of the Recovery Plan, we conclude that the status of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
has improved due to activities being implemented by the Navy on San Clemente Island. The effects of these activities on the status of both taxa are discussed in further detail below.

Summary of Comments and Recommendations

In the proposed rule published on May 16, 2012 (77 FR 29078), we requested that all interested parties submit written comments on the proposal by July 16, 2012. We also contacted appropriate Federal and State agencies, scientific experts and organizations, and other interested parties and invited them to comment on the proposal. Newspaper notices inviting general public comment were published in the San Diego Union-Tribune. We did not receive any requests for a public hearing.

During the comment period for the proposed rule, we received two comment letters (one from a peer reviewer and one from the Navy) directly addressing the proposed reclassification of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
with threatened status. All substantive information provided during the comment period has either been incorporated directly into this final determination or addressed below.

Peer Review

In accordance with our peer review policy published on July 1, 1994 (59 FR 34270), we solicited expert opinion from four knowledgeable individuals with scientific expertise that included familiarity with the two plant taxa and their habitat, biological needs, recovery efforts, and threats. We received a response from one of the peer reviewers.

We reviewed all comments received from the peer reviewer for substantive issues and new information regarding the listing of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea.
In general, the peer reviewer expressed support for reclassifying the two taxa as threatened, and supported our finding that downlisting of
Malacothamnus clementinus
is not warranted at this time. The peer reviewer also provided additional information about
A. d.
var.
traskiae,
and provided general technical and grammatical corrections. The peer reviewer expressed four comments that are addressed in the following summary and incorporated into the final rule as appropriate.

Peer Reviewer Comments

(1)
Comment:
The peer reviewer expressed agreement with our finding regarding
Malacothamnus clementinus
(downlisting not warranted), but was concerned that portions of the island are closed to biological resource managers and the effects of these closures may greatly impact the management and survival of the species. The reviewer indicated that being able to access the closed sites will be important to future determinations regarding the status of the species. The peer reviewer also expressed concern with other aspects of our discussion of
M. clementinus,
its biology, and threats.

Our Response:
We agree that access to all sites supporting
Malacothamnus clementinus
occurrences for monitoring and management of the species and its habitat is a consideration for future determinations regarding the status of the plant. We will continue to work with the Navy to find ways to monitor and manage occurrences in areas that are closed to resource managers.

Because we found downlisting of
Malacothamnus clementinus
not warranted in our 2012 finding (77 FR 29078), it is not addressed in this document. However, we appreciate the peer reviewer's comments and suggestions, and will consider them when evaluating the species' status in the future.

(2)
Comment:
The peer reviewer expressed agreement with our finding regarding
Acmispon dendroideus
var.
traskiae
(downlisting is warranted). The reviewer also provided summaries of unpublished conservation genetics data for the taxon, suggesting that: (a) Hybridization is occurring between
A. d.
var.
traskiae
and
A. argophyllus
var.
argenteus,
but at a lower level than suggested in previous work by Liston
et al.
(1990); and (b) the occurrence at Wilson Cove has been modified over time by translocation of
A. d.
var.
traskiae
plants from throughout the island to that location.

Our Response:
We have incorporated these data into this final downlisting rule where appropriate.

(3)
Comment:
The peer reviewer expressed agreement with our finding regarding
Castilleja grisea
(downlisting is warranted) and our proposal to downlist the species.

Our Response:
We appreciate the peer reviewer's review of our finding and proposal to downlist
Castilleja grisea.

(4)
Comment:
The peer reviewer identified technical and grammatical errors in the preamble of our finding and proposed downlisting rule.

Our Response:
We thank the reviewer for these observations and we made corrections in this final downlisting rule where appropriate.

Comments From U.S. Navy

(5)
Comment:
The Navy expressed appreciation for our recommendation to downlist
Castilleja grisea
and
Acmispon dendroideus
var.
traskiae,
and encouraged us to move forward with a final downlisting rule. However, the Navy did not agree with our finding regarding
Malacothamnus clementinus
(downlisting not warranted) and explained why they believe this species should also be downlisted. They also provided additional information regarding the current status and ongoing management of
M. clementinus.

Our Response:
We thank the Navy for their review. This final rule reclassifies
Castilleja grisea
and
Acmispon dendroideus
var.
traskiae
from endangered to threatened.

On May 16, 2012, in response to a petition seeking its downlisting, the Service made a finding that downlisting was not warranted for
Malacothamnus clementinus
(77 FR 29078). The 2012 finding was finalized based upon the best available information, and it constitutes our final determination on the subject petition for that species, in accordance with section 4(b)(3)(B)(i) of the Act.
Malacothamnus clementinus
will therefore not be evaluated in this document. However, we thank the Navy for the additional information they provided, which will be considered when we evaluate the status of
M. clementinus
in the future. While not addressed in this document, we will through separate correspondence respond to the Navy's comments regarding
Malacothamnus clementinus.

Summary of Changes From Proposed Rule

We have not made any substantive changes in this final rule, based on the comments that were received during the comment period. The two commenters were in favor of downlisting
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
(see Summary of Comments and Recommendations section above). The range of both taxa has expanded since listing, and the threats continue to be reduced through conservation actions implemented by the Navy. Therefore, as proposed, we are reclassifying
A. d.
var.
traskiae
and
C. grisea
from endangered to threatened.

Summary of Factors Affecting the Taxa

Section 4 of the Act and its implementing regulations (50 CFR 424) set forth procedures for listing species, reclassifying species, or removing species from the Federal Lists of Endangered and Threatened Wildlife and Plants. “Species” is defined by the Act as including any species or subspecies of fish or wildlife or plants, and any distinct vertebrate population segment of fish or wildlife that interbreeds when mature (16 U.S.C. 1532(16)). Once the “species” is determined, we then evaluate whether that species may be endangered or threatened because of one or more of the five factors described in section 4(a)(1) of the Act. Those factors are:

(A) The present or threatened destruction, modification, or curtailment of its habitat or range;

(B) Overutilization for commercial, recreational, scientific, or educational purposes;

(C) Disease or predation;

(D) The inadequacy of existing regulatory mechanisms; or

(E) Other natural or manmade factors affecting its continued existence.

We must consider these same five factors in reclassifying or delisting a species. Listing, reclassifying, or delisting may be warranted based on any of the above threat factors, either singly or in combination. For species that are already listed as threatened or endangered, an analysis of threats is an evaluation of both the threats currently facing the species and the threats that are reasonably likely to affect the species in the foreseeable future following the delisting or downlisting.

Under section 3 of the Act, a species is “endangered” if it is in danger of extinction throughout all or a significant portion of its range, and is “threatened” if it is likely to become endangered in the foreseeable future throughout all or a significant portion of its range. The word “range” refers to the range in which the species currently exists, and the word “significant” refers to the value of that portion of the range being considered to the conservation of the species. The “foreseeable future” is the period of time over which events or effects reasonably can or should be anticipated, or trends extrapolated. Based on currently available data and this analysis, the period over which we can anticipate or extrapolate trends is approximately 40 years. This determination is based on the following: We listed
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
36 years ago. Since then, recovery has been slow, but the status of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
has improved in response to the complete removal of goats and pigs in 1992. Additionally, the Navy has worked to develop and implement management plans to reduce threats for the conservation of listed plants and their habitat on the island. As a result, we have observed an increase in the distribution and abundance of both taxa over the past 20 years. However, we anticipate military land use and other threats will continue to affect both species throughout their ranges into the future. While threats remain on the island, management plans are in place, and we now have a better understanding of how the status of these taxa and habitats may continue to recover on the island. We expect that it will take an equivalent number of years of additional monitoring to determine the effectiveness of current and planned management in reducing and ameliorating those threats and determine the species' response to those efforts. Therefore, based on currently available data and for the purposes of this analysis, we acknowledge the foreseeable future, the period over which we can anticipate effects or extrapolate trends, is approximately 40 years.

We considered and evaluated the best available scientific and commercial information for this analysis. Information pertaining to
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
in relation to the five factors provided in section 4(a)(1) of the Act is discussed below. For the purposes of this analysis, we will first evaluate whether the currently listed species should be considered threatened or endangered throughout all their ranges. If we determine that the species are threatened, then we will consider whether there are any significant portions of their ranges where they are in danger of extinction or likely to become endangered within the foreseeable future. The five factors listed under section 4(a)(1) of the Act and their applications to
A. d.
var.
traskiae
and
C. grisea
are presented below.

Acmispon dendroideus var. traskiae (San Clemente Island lotus)

In the 2007 status review, we acknowledged that the predominant threat at listing (grazing and rooting from feral herbivores) was ameliorated with the removal of goats and pigs from the island in 1992 (USFWS 2007a, pp. 1-22). Threats to
Acmispon dendroideus
var.
traskiae
identified in the 2007 status review include: (1) Erosion, (2) invasive nonnative species, (3) fire, (4) land use, (5) lack of access to SHOBA, and (6) hybridization. Impacts to habitat from erosion, nonnatives, fire, and land use are discussed below under
Factor A,
and hybridization is discussed under
Factor E
below. In 2007, lack of access to SHOBA was described as a threat because it “can undermine the effectiveness of invasive species control programs that often rely on treatments during a particular time in an organism's life cycle” (USFWS 2007a, p. 16). While lack of access to portions of the island still limits our ability to fully assess the status of the taxon, lack of access to SHOBA is not considered a threat. Rather, the lack of access contributes to uncertainty in assessing threats and the taxon's response to those threats and to actions taken to ameliorate threats. In this finding, we focus on threats responsible for impacting the listed entity or habitat where it occurs, not our inability to access these areas.

Factor A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range

The final listing rule (42 FR 40682; August 11, 1977) identified the following threats to
Acmispon dendroideus
var.
traskiae:
habitat alteration and destruction, competition from nonnative species, and direct predation caused by nonnative herbivores (goats and pigs). With the final removal of these herbivores in 1992, the vegetation on San Clemente Island has rebounded, and the status of many rare plant occurrences, including
A. d.
var.
traskiae,
has improved (Junak and Wilken 1998, p. 18; Junak 2006a, pers. comm.). Although the principle threat to
A. d.
var.
traskiae
identified in the final listing rule has been eliminated, erosion as a result of overgrazing and invasive nonnative plants are ongoing threats to habitat of
A. d.
var.
traskiae.
We also identified habitat alteration and disturbance from the Navy's use of the island for military operations and training as threats to the habitats occupied by
A. d.
var.
traskiae
in the Recovery Plan and the 2007 status review (USFWS 1984, pp. 58-63; USFWS 2007a, pp. 11, 12). Fire is an additional threat to habitat recognized since listing. Below, we discuss impacts of the following threats that affect the habitat or range of
A. d.
var.
traskiae:
(1) Land use, (2) erosion, (3) nonnative plants, and (4) fire.

Land Use

In this section we describe threats considered likely based on land use designations. At the time of listing, the Navy had acquired the island, although military operations were not intense and feral grazers were still on the island. Since listing, training activities and land use by the Navy have increased significantly. Since it was first listed in 1977, the Navy has consulted and coordinated with us regarding the effects of various activities on
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
(USFWS 2002, pp. 1-21; USFWS 2003, p. 1; USFWS 2004, pp. 1-2; USFWS 2008, pp. 1-237). These consultations have addressed numerous activities including training, fire management, the installation of wind turbines, missile tests, maintenance and construction of Ridge Road and the assault vehicle maneuver route, construction of berthing buildings, and development and use of training areas.

Most recently, training activities approved in the Military Operations and Fire Management Plan (MOFMP) include substantial increases in vehicle and foot traffic in the Infantry Operations Areas (IOA) (Navy 2008b, pp. 2-1 to 2-52). Examples of projected increases in training levels relative to a representative year of training prior to 2008 include: 11 percent increase in naval fire support exercises, 23 percent increase in land bombing exercises, 150 percent increase in explosive ordnance disposal, 60 percent increase in artillery operations, 90 percent increase in land demolitions, 19 percent increase in land navigation exercises, and 96 percent increase in SEAL platoon operations (USFWS 2008, p. 11).

We considered the status and distribution of
Acmispon dendroideus
var.
traskiae,
and the various management, avoidance, and minimization measures in place, including those the Navy will implement with the new MOFMP, in our 2008 biological opinion (we also considered impacts to
Castilleja grisea
). We concluded that ongoing and likely impacts from the proposed increases in military training activities would not jeopardize the continued existence of
A. d.
var.
traskiae
and
C. grisea
(USFWS 2008, p. 90).

Eight of 29
Acmispon dendroideus
var.
traskiae
occurrences (28 percent) occur within SHOBA, which supports a variety of training operations involving both live and inert munitions fire (Eagle Canyon, Bryce Canyon, North Mosquito Cove, Canchalagua Canyon, Thirst Canyon, Cave Canyon, Horse Canyon, and Pyramid Head). Most of the land area of the SHOBA serves as a buffer from the Impact Areas, although military training in parts of SHOBA could result in habitat alteration due to off-highway vehicle and large-scale troop movements through the military impact and training areas (IOA and AVMA). Most of the occurrences within SHOBA are located along the eastern escarpment, which should provide a level of protection from training impacts. Large-scale troop movements are less likely in this area, because of the extreme slope of the escarpment. Training impacts may become difficult to assess and manage with the recent closure of the eastern escarpment due to unexploded ordnance.

Four of 29
Acmispon dendroideus
var.
traskiae
occurrences (14 percent) are within or partially within the IOA and may experience direct impacts (Canchalagua Canyon, Middle Island Plateau, North Mosquito Cove, and Eagle Canyon). Nine occurrences (31 percent) are within 1,000 ft (305 m) of the IOA, and could experience diffuse or accidental impacts associated with troop movement (Upper Middle Ranch Canyon, Warren Canyon, Horton Canyon, Upper Wallrock Canyon, Tota Canyon, Lemon Tank Canyon, Larkspur Canyon, Chamish Canyon, and North Island Terraces). These areas near the IOA are at less risk of disturbance than the occurrences within the IOA, and would only be likely to sustain diffuse or accidental impacts to the habitat. While the increase in military training

could affect the taxon, the Navy through implementation of the INRMP will avoid and minimize impacts to individuals or occurrences of
A. d.
var.
traskiae
(as a rare plant taxon), to the extent practicable while meeting operational needs (Navy 2002, p. 1-2).

Because of the taxon's close proximity to Navy facilities, military activities have the potential to impact habitat at one of the largest known occurrences of
Acmispon dendroideus
var.
traskiae,
near Wilson Cove. All construction, maintenance, and training activities in the Wilson Cove area go through a site approval request process. Through this process, the areas are assessed to see if the activities will potentially impact any listed species, including
A. d.
var.
traskiae.
Part of this occurrence is within a TAR where tactical training and movement are projected to occur, possibly causing habitat damage through troop traffic (USFWS 2008, pp. 119-120). The Navy recently did work at Wilson Cove that affected
A. d.
var.
traskiae;
they assessed the impact to be a loss of habitat occupied by 50 plants. The Navy worked to salvage plant material and outplant back to the site. Thus far, this outplanting has been successful, the habitat has rebounded, and more plants are present in the area than before the work was done (Munson 2013, pers. comm.).

The majority of
Acmispon dendroideus
var.
traskiae
occurrences (24 of 29 occurrences, 83 percent) are located outside of heavily impacted training areas. Though five occurrences (17 percent; Wilson Cove, Canchalagua Canyon, Middle Island Plateau, North Mosquito Cove, and Eagle Canyon) are partially or wholly within the boundaries of an IOA or TAR, many of the impacts to these occurrences would be diffuse, and are unlikely to have a high impact on the species' habitat. Although land use is likely to impact
A. d.
var.
traskiae
habitat, the Navy has demonstrated its commitment to help conserve and manage listed species on the island. Land use appears to pose a high-magnitude threat to the habitat of a small percentage of the occurrences of
A. d.
var.
traskiae
on San Clemente Island.

Erosion

Erosion and associated soil loss caused by browsing of feral goats and rooting of feral pigs likely modified the island's habitat (Navy 2002, p. 1-14). Defoliation from overgrazing on San Clemente Island increased erosion over much of the island, especially on steep slopes where denuded soils can quickly wash away during storm events (Johnson 1980, p. 107; Navy 2002, pp. 1-14, 3-9; Tierra Data Inc. 2007, pp. 6-7). Erosion was identified in the INRMP as a threat to the canyon woodland habitat and maritime desert scrub where
Acmispon dendroideus
var.
traskiae
occurs (Navy 2002, p. 4-3). Gullying and other processes may concentrate surface runoff to unnatural levels, leading to accelerated erosion in the canyons below (Tierra Data Inc. 2007, p. 6).
Acmispon dendroideus
var.
traskiae
occurs within steep canyon areas where such concentration of flows may be a threat to its habitat or range.

Although more vegetative cover is now present than at the time of listing, erosion is still a threat to the recovery of
Acmispon dendroideus
var.
traskiae,
especially in areas where it grows in close proximity to roads. The Navy studied the potential for erosion from several proposed military activities (Tierra Data Inc. 2007, pp. 1-45, Appendices). Increased military activities are expected to cause erosion through soil compaction or other soil disturbances in occupied habitat areas associated with roadways or vehicle maneuver areas, especially where the taxon is located within training area boundaries (IOA) (Tierra Data Inc. 2007, p. 12). The four
A. d.
var.
traskiae
occurrences within or partially within the IOA are likely to be further impacted by erosion (Table 1). Three of these occurrences (Canchalagua Canyon, North Mosquito Cove, and Eagle Canyon) are along the eastern escarpment, which has recently been closed to biological monitoring due to unexploded ordnance. The threat of erosion to this area will be difficult to assess if the closure remains into the future. The nine occurrences near the IOA (within 1,000 ft (305 m)) could experience erosion from nearby training activities.

Roads can concentrate water flow causing incised channels and erosion of slopes (Forman and Alexander 1998, pp. 216-217). This increased erosion around roads can degrade habitat, especially along the steep canyons associated with the eastern escarpment of the island. Nine of 29
Acmispon dendroideus
var.
traskiae
occurrences (31 percent) are within 500 ft (152 m) of a road on the island (Eel Cove Canyon, Seal Cove Terraces, Lemon Tank Canyon, Wilson's Cove, North Wilson's Cove, Upper Middle Ranch Canyon, Eagle Canyon, North Mosquito Cove, and Canchalagua Canyon) (Forman and Alexander 1998, p. 217). These occurrences could be subject to diffuse disturbance and road effects that degrade habitat quality. The largest known occurrence of
A. d.
var.
traskiae,
Wilson Cove, occurs on gradual or steep slopes where erosion is evident (USFWS 2008, p. 117). Military activities in this area have the potential to adversely affect the taxon's habitat due to its proximity to Navy facilities and the level of human activity and traffic in the area.

The Navy incorporates erosion control measures into all site-feasibility studies and project planning, design, and construction to minimize the potential to exacerbate existing erosion and avoid impacts to listed species (Munson 2013, pers. comm.). The INRMP requires that all projects include erosion conservation work and associated funding (Navy 2002, p. 4-89). These conservation actions include best management practices for construction and engineering, choosing sites that are capable of sustaining disturbance with minimum soil erosion, and stabilizing disturbed sites with native plants (Navy 2002, pp. 4-89—4-91). Additionally, the Navy has agreed not to conduct training activities that may lead to impacts from erosion until an erosion control plan is successfully implemented. They are developing the erosion control plan for San Clemente Island to reduce the impacts of erosion to
Acmispon dendroideus
var.
traskiae
habitat in areas likely to experience increased and expanded military operations (Munson 2013, pers. comm.). This erosion control plan will address military operations associated with the IOA, Assault Vehicle Maneuver Area (AVMA), and Artillery Firing Point (AFP).

The processes and results of erosion are threats to the habitat of
Acmispon dendroideus
var.
traskiae,
particularly to 17 of 29 occurrences that are within an IOA, within 1,000 ft (305 m) of an IOA, or within 500 ft (152 m) of a road. Erosion may lead to overall habitat degradation and the loss of individuals or groupings of plants in a given area. However, this taxon has persisted despite current levels of erosion. The processes and results of erosion are island-wide threats to the habitat or range of
A. d.
var.
traskiae,
particularly to the 17 occurrences in or adjacent to military training areas or roads. Therefore, erosion is still considered a threat to the habitat of
A. d.
var.
traskiae.

Nonnative Species

Spread of nonnative plants into
Acmispon dendroideus
var.
traskiae
habitat is another threat identified in the final listing rule (42 FR 40682). Nonnative plants can diminish the abundance or survival of native species by altering natural ecosystem processes such as fire regimes, nutrient cycling,

hydrology, and energy budgets, and by competing with native plants for water, space, light, and nutrients (Zink
et al.
1995, p. 307; Brooks 1999, pp. 16-17; Mack
et al.
2000, p. 689). By 1992, researchers had documented 99 nonnative plant species on San Clemente Island (Kellogg and Kellogg 1994, p. 5), and transfer of nonnative species to the island continues to be a problem (Dunn 2006, pers. comm.; Junak 2006b, pers. comm.; Kellogg 2006, pers. comm.; O'Connor 2009c, pers. comm.).

Nonnative species of particular concern include
Avena barbata
(slender oat),
Bromus
spp. (bromes),
Foeniculum vulgare
(sweet fennel), and
Brassica tournefortii
(Sahara mustard), which have already invaded the habitat of most
Acmispon dendroideus
var.
traskiae
occurrences. Another nonnative species,
Carpobrotus edulis
(iceplant), also appears to be hindering the recovery of
A. d.
var.
traskiae
(Allan 1999, p. 92). This nonnative species occupies large areas of Wilson Cove where it may alter the habitat (Allan 1999, p. 92) by changing vegetation structure and creating an environment less hospitable to
A. d.
var.
traskiae.
Since nonnative herbivores were removed from the island, the most significant structural alteration to the habitat has been the proliferation of nonnative annual grasses, such as
Avena
spp. (oats),
Bromus
spp., and
Vulpia myuros
(annual fescue). Annual grasses vary in abundance with rainfall, potentially changing the vegetative community from shrubs to grasses and increasing the fuel load in wet years (see Factor A—Fire section below).

Although previous invasions of nonnatives probably occurred through introductions in grazing fodder, current nonnative species invasions are typically introduced by military activities and training on the island. Nonnative plants constitute a rangewide threat to the habitat of all native plants on San Clemente Island, including all occurrences of
Acmispon dendroideus
var.
traskiae.
Roadsides tend to provide conditions (high disturbance, seed dispersal from vehicles, ample light and water) preferable to nonnative species (Forman and Alexander 1998, p. 210). The nine occurrences within 500 ft (152 m) of roads on the island may be subject to diffuse disturbance and road effects that degrade habitat quality along the road, including impacts caused by nonnative plants species (Forman and Alexander 1998, p. 217).

Potential impacts from nonnative plants to habitats on San Clemente Island are minimized through annual implementation of the Navy's island-wide nonnative plant control program (O'Connor 2009b, pers. comm.; Munson 2013, pers. comm.). The focus of the nonnative plant species program is to control plants on the island with the potential to adversely impact habitat of federally listed species, which includes eradication of isolated occurrences of nonnatives, and early detection and eradication of new nonnative species (Navy 2008b, p. 5-28). This program targets nonnative species for elimination using herbicide and mechanical removal, with priorities currently focused on new invasions and particularly destructive nonnative species. Nonnative species management targets are identified and prioritized annually by Navy natural resource managers (Munson 2013, pers. comm.). These tactics are successful in isolating and limiting some species, such as
Foeniculum vulgare,
to a few locations (Howe 2011, pers. comm.; Munson 2013, pers. comm.). To reduce the potential for transport of nonnative plants to San Clemente Island, military and nonmilitary personnel inspect tactical ground vehicles and remove any visible plant material, dirt, or mud prior to transporting the vehicles to San Clemente Island (USFWS 2008, p. 63). This cleaning helps prevent nonnative plants from reaching the island, but once there, nonnative plants are easily spread from one area to another by the movement of vehicles.

Acmispon dendroideus
var.
traskiae
has persisted on the island and, despite the continued risk of encroachment to habitat by nonnatives, the range of this taxon has expanded from 6 to 29 occurrences since listing. Impacts from nonnative plants may be a persistent, but low-level, threat to
A. d.
var.
traskiae
habitat.

Fire

Fire was not considered a threat to habitat occupied by
Acmispon dendroideus
var.
traskiae
at the time of listing (42 FR 40682; August 11, 1977). Since that time, however, over 50 percent of the island has experienced at least one wildfire (Navy 2002, Map 3-3, p. 3-32), and some habitat has burned multiple times with very short intervals between fires (Navy 2002, Map 3-4, p. 3-33). Between 1990 and 2004, the island experienced 114 wildfires suspected to be from Navy operational sources (Navy 2008a, pp. 5-18, 5-19). The majority of fires are concentrated in SHOBA, potentially impacting habitat occupied by eight occurrences within Impact Areas I and II where military training exercises employ live ordnance and incendiary devices (Eagle Canyon, Bryce Canyon, North Mosquito Cove, Canchalagua Canyon, Thirst Canyon, Cave Canyon, Horse Canyon, and Pyramid Head). Fires are also occasionally ignited by activities north of SHOBA, such as training activities near Eel Point (possibly impacting Seal Cove Terraces and Eel Cove Canyon occurrences) (Navy 2002, Map 3-4, p. 3-33).

Increased fire frequency resulting from intensified military uses could lead to localized changes in vegetation on San Clemente Island, which could be detrimental to
Acmispon dendroideus
var.
traskiae
habitat. The Navy recently approved a significant expansion in the number of locations where live fire and demolition training will take place (Navy 2008a, pp. 2-3—2-38), including TAR north of SHOBA (TAR 17—Eel Cove Canyon and Seal Cove Terraces, and TAR 14 and 15—Larkspur and Chamish Canyon). These higher levels of training have not occurred in recent history, and will likely expand from current levels. In addition to demolitions, certain proposed munitions exercises involve the use of incendiary devices, such as illumination rounds, white phosphorous, and tracer rounds, which pose a high risk of fire ignition. Additionally, smoke, flares, and pyrotechnics are proposed for use within TAR 11 (Wilson's Cove) toward the eastern shore, and expanded live fire and demolition training is proposed within TAR 16 (Middle Island Plateau) toward the center of the island. It is likely that the fire pattern on the island will change in response to this increase in ignition sources, with fires becoming more common within and adjoining the training areas north of SHOBA.

At the time of listing, fire was not identified as a habitat threat because of lack of fire history and the low intensity of military training on the island. Since that time, military training has significantly increased, and we have better records of the fire frequency on the island. Approximately 14 of the 29 occurrences of
Acmispon dendroideus
var.
traskiae
fall within areas that may be subject to recurrent fire associated with military training (Table 1). This includes locations that fall within 1,000 ft (305 m) of TAR, where the Navy conducts live fire and demolition training, and occurrences within SHOBA (SHOBA serves as a buffer for Impact Areas I and II). Fires that escape designated training areas may threaten habitat on other parts of the island, but because of the broad distribution of the species, one fire is unlikely to spread throughout the entire range. The Navy's implementation of the MOFMP will limit the frequency with which fires escape impact areas and TAR. Through

the annual review process, the Navy identifies mechanisms to reduce fire return intervals within areas where this taxon is concentrated (USFWS 2008, pp. 91-122). The Navy's implementation of an MOFMP will help to reduce the risk of habitat conversion by fire, although the habitat of
A. d.
var.
traskiae
could be altered by increased fire frequency and spread of nonnative grass. Although the threat is ameliorated through the MOFMP, fire remains an island-wide threat to
A. d.
var.
traskiae
habitat, particularly to the 14 occurrences that fall within areas that may be subject to recurrent fire associated with military training.

Summary of Factor A

San Clemente Island was used for sheep ranching, cattle ranching, goat grazing, and pig farming from 1850 until 1934 (Navy 2002, pp. 3-4). These grazers were not completely removed from the island until 1992, and their effects on the taxon and its habitat as well as other threats led us to classify
Acmispon dendroideus
var.
traskiae
as endangered in the 1977 listing rule (42 FR 40682). Currently,
A. d.
var.
traskiae
habitat is threatened by destruction and modification caused by land use, erosion, nonnative plants, and fire. To help reduce these threats, the Navy is implementing an MOFMP, an INRMP, and an island-wide nonnative species control program (Navy 2002, pp. 1-1—8-12; USFWS 2008, pp. 1-237). The MOFMP has been helpful in informing strategic decisions for training using live fire or incendiary devices. The Navy has also agreed not to conduct training activities that may lead to impacts from erosion until an erosion control plan is successfully implemented. Natural resource managers have been successful in decreasing the prevalence of particularly destructive nonnatives, such as
Foeniculum vulgare.
Though increased impacts associated with military training could threaten the taxon in the future, 24 of 29 occurrences (83 percent) of
A. d.
var.
traskiae
fall outside of training areas (IOA or TAR) where the most intensive habitat disturbances are likely to occur. Impacts to the habitat from land use, erosion, nonnative plants, and fire are ongoing, and though they have been reduced due to the expanded range of
A. d.
var.
traskiae
and conservation efforts discussed above, we expect these threats will continue to impact
A. d.
var.
traskiae
habitat now and in the future as recovery of the taxon and its habitat continues.

Factor B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes

In the listing rule (42 FR 40682; August 11, 1977), we did not identify any threats from overutilization, and no new information indicates that overutilization is a threat to
Acmispon dendroideus
var.
traskiae.
Although voucher herbarium specimens of
A. d.
var.
traskiae
and seeds have been collected for research and seed banking, overutilization of
A. d.
var.
traskiae
for any purpose is not currently considered a threat nor is expected to be in the future.

Factor C. Disease or Predation

Grazing of feral goats and rooting of feral pigs were considered a direct threat to
Acmispon dendroideus
var.
traskiae
in the final listing rule (42 FR 40682; August 11, 1977). As stated above, however, nonnative mammalian herbivores were removed from San Clemente Island by 1992, and this threat was ameliorated, as recognized in our 2007 status review (USFWS 2007a, p. 13). Currently, no other predators or diseases on San Clemente Island are known to pose a significant threat to
A. d.
var.
traskiae
and none are expected to pose a threat in the future.

Factor D. Inadequacy of Existing Regulatory Mechanisms

The Act requires us to examine the adequacy of existing regulatory mechanisms with respect to those existing and foreseeable threats that may affect
Acmispon dendroideus
var.
traskiae.
The inadequacy of existing regulatory mechanisms was not considered a threat to
A. d.
var.
traskiae
at listing (42 FR 40682; August 11, 1977). Since it was listed as endangered, the Act has been and continues to be the primary Federal law that affords protection to
A. d.
var.
traskiae.
Our responsibilities in administering the Act include sections 7, 9, and 10.

Section 7(a)(1) of the Act requires all Federal agencies, including the Navy, to utilize their authorities in furtherance of the purposes of the Act by carrying out programs for the conservation of endangered and threatened species. Section 7(a)(2) of the Act requires Federal agencies, including the Navy and us, to ensure that actions funded, authorized, or carried out do not “jeopardize” the continued existence of a listed species. Section 7(a)(2) of the Act also requires Federal agencies to ensure that such actions do not result in the destruction or adverse modification of habitat in areas designated as critical habitat; however, we have not designated or proposed critical habitat for this taxon.

The section 7(a)(2) prohibition against jeopardy applies to plants as well as animals, but other protections of the Act are more limited for plant species. Section 9(a)(2) does not prohibit the taking of a protected plant, thus no incidental take statement is prepared in the analysis of effects associated with a project. A non-jeopardy opinion for plants, therefore, would not include reasonable and prudent measures to minimize the impact of incidental take. However, voluntary conservation recommendations may be included, which are discretionary actions the action agency can implement relevant to the proposed action.

Under section 9(a)(2) of the Act, with respect to endangered plant taxa, it is unlawful to remove and reduce to possession (collect) any endangered plants from areas under Federal jurisdiction, or to maliciously damage or destroy endangered plants in any such area. Protections provided plants listed as threatened are the same, except that the Code of Federal Regulations stipulates protections are not extended to seeds of cultivated specimens of threatened plants (50 CFR 17.71). This change in protections would not have an effect on the conservation of
Acmispon dendroideus
var.
traskiae,
because conservation of this taxon does not require protection for seeds of cultivated plants.

The Navy has consulted and coordinated with us regarding the effects of various activities on
Acmispon dendroideus
var.
traskiae
(and
Castilleja grisea
) since they were first listed in 1977. We concluded that ongoing and likely impacts from the proposed increases in military training activities on the island would not jeopardize the continued existence of
A. d.
var.
traskiae
or
C. grisea
(USFWS 2008, pp. 1-237). We continue to coordinate with the Navy to protect these taxa and their habitats.

Listing
Acmispon dendroideus
var.
traskiae
provided a variety of protections, including the prohibitions against removing or destroying plants within areas under Federal jurisdiction and the conservation mandates of section 7 for all Federal agencies. These protections would continue to be afforded to
A. d.
var.
traskiae
if it is downlisted. In the following discussion, we evaluate additional protections provided by other regulatory mechanisms to determine whether they effectively reduce or remove threats to
A. d.
var.
traskiae.

Other Federal Protections

National Environmental Policy Act (NEPA)

All Federal agencies are required to adhere to the National Environmental Policy Act (NEPA) of 1970 (42 U.S.C. 4321
et seq.
) for projects they fund, authorize, or carry out. The Council on Environmental Quality's regulations for implementing NEPA (40 CFR parts 1500-1518) state that agencies shall include a discussion on the environmental impacts of the various project alternatives (including the proposed action), any adverse environmental effects that cannot be avoided, and any irreversible or irretrievable commitments of resources involved (40 CFR part 1502). NEPA itself is a disclosure law, and does not require subsequent minimization or mitigation measures by the Federal agency involved. Although Federal agencies may include conservation measures for
Acmispon dendroideus
var.
traskiae
as a result of the NEPA process, any such measures are typically voluntary in nature and are not required by the statute. NEPA does not itself regulate activities that might affect
A. d.
var.
traskiae,
but it does require full evaluation and disclosure of information regarding the effects of contemplated Federal actions on sensitive species and their habitats. On San Clemente Island, the Navy must meet the NEPA requirements for actions significantly affecting the quality of the human environment. Typically, the Navy prepares Environmental Assessments and Environmental Impact Statements on operational plans and new or expanding training actions. Absent the listing of
A. d.
var.
traskiae,
we would expect the Navy to continue to meet the procedural requirements of NEPA for its actions, including evaluating the environmental impacts to rare plant species and other natural resources. However, as explained above, NEPA does not itself regulate activities that might affect species listed as endangered or threatened under the Act.

Sikes Act Improvement Act (Sikes Act)

The Sikes Act (16 U.S.C. 670) authorizes the Secretary of Defense to develop cooperative plans with the Secretaries of Agriculture and the Interior for natural resources on public lands. The Sikes Act Improvement Act of 1997 requires Department of Defense installations to prepare INRMPs that provide for the conservation and rehabilitation of natural resources on military lands consistent with the use of military installations to ensure the readiness of the Armed Forces. An INRMP is a plan intended “. . . to guide installation commanders in managing their natural resources in a manner that is consistent with the sustainability of those resources while ensuring continued support of the military mission” (Navy 2002, p. 1-1). INRMPs are developed in coordination with the State and the Service, and are generally updated every 5 years. Although an INRMP is technically not a regulatory mechanism because its implementation is subject to funding availability, it is an important guiding document that helps to integrate natural resource protection with military readiness and training.

San Clemente Island Integrated Natural Resources Management Plan (INRMP)

Pursuant to the Sikes Act, the Navy adopted an INRMP for San Clemente Island that identifies multiple objectives for protecting
Acmispon dendroideus
var.
traskiae
and its habitat to help to reduce threats to this taxon (Navy 2002). The INRMP discloses actions through the NEPA process and to comply with such legislation and regulations as the Endangered Species Act, Federal Noxious Weed Act of 1974 (7 U.S.C. 2801), the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601), the Resource Conservation and Recovery Act (42 U.S.C. 6901), and Soil Conservation Act (16 U.S.C. 3B).

Goals and objectives in the INRMP for specified management units on the island are identified based on each unit's ranking for both military and natural resource value. Natural resource management objectives for the management units are stepped down from broader natural resource objectives identified for species and habitats. Natural resource objectives of relevance to the protection of
A. d.
var.
traskiae
in the INRMP include: “Protect, monitor, and restore plants and cryptograms in order to manage for their long-term sustainability on the island” (Navy 2002, p. 4-39).

The INRMP specifically includes the following objectives for
Acmispon dendroideus
var.
traskiae
management: removal of nonnatives, restoration of native grasses and scrub species, monitoring of the taxon, studies of response to fire, and studies and inventory of insect pollinators (Navy 2002, p. D-11). To date, multiple INRMP management strategies have been implemented for the conservation of
A. d.
var.
traskiae.
Other INRMP strategies that target the plant communities within which this taxon occurs include: controlling erosion, with priority given to locations where erosion may be affecting listed species; producing a new vegetation map; reducing nonnative plant cover from 1992-1993 baseline levels; managing the size and intervals of fires; experimenting with fire management to improve native plant dominance while protecting sensitive plant occurrences; and conducting genetic and biological studies of
A. d.
var.
traskiae
and
Castilleja grisea
across the island.

To date, the Navy has implemented multiple INRMP management strategies, or aspects of them that benefit both taxa. They have implemented rare plant surveys and documented new occurrences of
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
on the island. Genetic research and natural history studies have also been performed. The Navy has made concerted efforts to control escape of fire from military training activities, and they have annually implemented nonnative plant species control activities, with a focus on species that have the potential to compete with listed species (O'Connor 2009b, pers. comm.; Munson 2013, pers. comm.). Overall, considerable progress has been made toward the identified INRMP goals to maintain sustainable occurrences and implement strategies that help reduce threats to
A. d.
var.
traskiae
and
C. grisea.

The INRMP is an important guiding document that helps to integrate the military's mission with natural resource protection on San Clemente Island. Although the INRMP includes objectives targeted toward habitat protection of optimal
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
habitat, the Navy's operational needs may diverge from INRMP natural resource goals. For example, control measures for erosion, fire, and nonnatives described in the INRMP may not be implemented effectively or consistently in those areas that are operationally closed due to the presence of unexploded ordnance. The MOFMP, Erosion Control Plan, and nonnative plant species control conducted on the island are discussed above under
Acmispon dendroideus
var.
traskiae
—
Factor A. The Present or Threatened Destruction, Modification, or Curtailment of Its Habitat or Range.
The INRMP provides protection to covered taxa whether they are listed as endangered or threatened under the Act, and additionally covers taxa that are not listed, but require special management. However, as noted under the other factors, while the INRMP helps to ameliorate threats and provides some protection for
A. d.
var.
traskiae
occurrences, those occurrences within Impact Areas or operationally closed

areas may not benefit from the conservation measures. While the INRMP has reduced the severity of threats and contributed to conservation of the species, it still allows for land use consistent with military readiness and training. Thus, Navy activities will continue to impact
A. d.
var.
traskiae
as described under Factor A.

The Navy is currently revising the 2002 INRMP, and future iterations of this plan may differ from the existing INRMP. Pending completion of the new INRMP, the Navy continues to implement the 2002 INRMP. We expect that the revised INRMP will continue to manage for natural resource conservation to the maximum extent practicable based on the Navy's historical commitment to implement beneficial management actions for native flora and fauna, and their continued cooperation with the Service to provide conservation actions that benefit taxa such as
Acmispon dendroideus
var.
traskiae
and
Castilleja grisea
and their habitat.

Federal Noxious Weed Act

The Federal Noxious Weed Act of 1975 (88 Stat. 2148, 7 U.S.C. 2801) established a Federal program that has subsequently been largely superseded by other statutes, including the Plant Protection Act (7 U.S.C. 7701, et seq.), to control the spread of noxious weeds. The 1990 amendment to the Federal Noxious Weed Act (7 U.S.C. 2814), has been retained, and requires each Federal land-managing agency to: designate an office or person adequately trained in managing undesirable plant species to develop and coordinate a program to control such plants on the agency's land; establish and adequately fund this plant management program through the agency's budget process; complete and implement cooperative agreements with the States regarding undesirable plants on agency land; and establish integrated management systems (as defined in the section) to control or contain undesirable plants targeted under the cooperative agreements. In accordance with this direction, the Navy (through implementation of their INRMP) works to control the introduction of nonnative plant species to the island and to control or remove those currently present, which are actions that assist in protecting
Acmispon dendroideus
var.
traskiae
habitat.

Soil Conservation and Domestic Allotment Act

The Soil Conservation and Domestic Allotment Act of 1935 (16 U.S.C. 590(a, b), 49 Stat. 163) recognized that the wastage of soil and moisture resources on farm, grazing, and forest lands of the Nation, resulting from soil erosion, is a menace to the national welfare. The Act further provided for the control and prevention of soil erosion to preserve natural resources, control floods, prevent impairment of reservoirs, and maintain the navigability of rivers and harbors, protect public health and public lands, and relieve unemployment, and authorized the Secretary of Agriculture to coordinate and direct all activities with relation to soil erosion. In order to effectuate this policy, the Secretary of Agriculture authorizes, from time to time, that the following actions may be performed on lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction: Conduct surveys, investigations, and research relating to the character of soil erosion and the preventive measures needed; publish the results of any such surveys, investigations, or research; disseminate information concerning such methods; conduct demonstrational projects in areas subject to erosion by wind or water; and carry out preventative measures, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land. These measures are addressed through various objectives outlined in the Navy's INRMP, and implementation of these measures assist
Acmispon dendroideus
var.
traskiae
by encouraging management actions that prevent and control erosion, thus protecting
Acmispon dendroideus
var.
traskiae
habitat.

State Protections

Since the time of listing,
Acmispon dendroideus
var.
traskiae
has benefited from additional State protections under the Native Plant Protection Act (NPPA) and California Endangered Species Act (CESA; listed 1982). Both the NPPA and CESA include prohibitions forbidding the “take” of State-listed species (California Fish & Game Code, Sections 1908 and 2080). With regard to prohibitions of unauthorized take under NPPA, landowners are exempt from this prohibition for plants to be taken in the process of habitat modification. Where landowners are notified by the State that a rare or endangered plant is growing on their land, the landowners are required to notify CDFW 10 days in advance of changing land use in order to allow salvage of listed plants (California Fish & Game Code, Section 1913). Sections 2081(b) and (c) of CESA allow CDFW to issue incidental take permits for State-listed threatened and endangered species if:

(1) The authorized take is incidental to an otherwise lawful activity;

(2) The impacts of the authorized take are minimized and fully mitigated;

(3) The measures required to minimize and fully mitigate the impacts of the authorized take are roughly proportional in extent to the impact of the taking on the species, maintain the applicant's objectives to the greatest extent possible, and are capable of successful implementation;

(4) Adequate funding is provided to implement the required minimization and mitigation measures and to monitor compliance with and the effectiveness of the measures; and

(5) Issuance of the permit will not jeopardize the continued existence of a State-listed species.

However, the range of
Acmispon dendroideus
var.
traskiae
is restricted to a Federal military installation, so listing under NPPA and CESA may afford protection to this species only in rare instances when the lead agency is a non-Federal agency or when proposed activities fall under other State laws.

Summary of Factor D

The inadequacy of existing regulatory mechanisms was not indicated as a threat to
Acmispon dendroideus
var.
traskiae
at the time of listing or in the recent status review. Because San Clemente Island is under Federal ownership, various laws, regulations, and policies administered by the Federal Government provide protective mechanisms for the species and its habitat. Primary Federal laws that provide some benefit for the species and its habitat include the Act, NEPA, Sikes Act, Federal Noxious Weed Act, and the Soil Conservation and Domestic Allotment Act.

The regulatory mechanisms outlined above help to reduce threats for the conservation of
Acmispon dendroideus
var.
traskiae.
In continuance of a long history of cooperative conservation efforts, the Navy implements several conservation actions that benefit this plant taxon. The Navy has implemented an MOFMP to reduce the risk of fire on the island and a nonnative plant species control program. In response to the conservation actions proposed and the current status of the listed taxon, we issued a non-jeopardy biological opinion on the Navy's MOFMP. The provisions included in the San Clemente Island INRMP provide for protection of
A. d.
var.
traskiae
occurrences and adaptive management of its habitat in order to help address threats to the plant from military

activities and nonnative plants. Implementation may not be extended to occurrences in operationally closed areas, but only three occurrences of the taxon occur in these areas.
Acmispon dendroideus
var.
traskiae
occurrences are afforded protection through Federal mechanisms, and thus the inadequacy of existing regulatory mechanisms is not considered a current threat to the taxon. However, the Act is the primary law providing protection to this taxon; in the absence of the Act, the existing regulatory mechanisms are not adequate to conserve
A. d.
var.
traskiae
throughout its range.

Factor E. Other Natural or Manmade Factors Affecting Its Continued Existence

The 1977 listing rule identified nonnatives as a threat to
Acmispon dendroideus
var.
traskiae
under Factor E (42 FR at 40684; August 11, 1977). In this 5-factor analysis, impacts from nonnative plants are discussed above under
Factor A
as a threat to habitat. Other threats attributable to Factor E that have been identified since listing include: (1) Movement of vehicles and troops, (2) fire, (3) climate change, and (4) hybridization. Factor E addresses threats to individuals of the species, rather than the habitat modification threats that are discussed in Factor A. Therefore, while some threats are discussed in both sections, in this section we are focusing on the direct impacts to individuals of
A. d.
var.
traskiae.

Movement of Vehicles and Troops

Military training activities within SWAT, TAR, and the IOA often entail the movement of vehicles and troops over the landscape, which has the potential of trampling or crushing individual plants. SWATs are large areas that typically support the movement of small groups to reach an objective or destination. The dispersed movement of troops through these areas is likely to result in occasional trampling of plants, with minor or temporary impacts at the occurrence level. TARs are generally smaller areas designated to accommodate intensive use and bombardment. Plants located within TARs are, therefore, more vulnerable to being trampled by vehicle and troop movements, particularly as the level of military training increases in these areas.

Use of the IOA, at its highest intensity, involves the movement of battalion-sized landings of troops (1,500 individuals) from the northern to southern end of the island several times a year (Navy 2008b, pp. 2-1 to 2-52). During such operations, the Navy anticipates that about half of the troops will travel on roads in vehicles, while the other half will proceed on foot (Navy 2008b, pp. 2-1 to 2-52). Thirteen occurrences of
A. d.
var.
traskiae
are partially or wholly within the boundaries of a training area (IOA, TAR, or SWAT). Loss of individual plants from proposed increases in troop and vehicle movements within SWAT, TAR, and the IOA is likely to increase, though this will not significantly impact the survival and recovery of this taxon because of the diffuse nature of this threat and the location of much of the taxon along the eastern escarpment, away from military training activities (USFWS 2008, pp. 113-122). Based on the distribution of
Acmispon dendroideus
var.
traskiae
occurrences, and type of troop movements likely to occur, impacts due to trampling and crushing are considered a low-level threat to its long-term persistence.

Fire

Although not specifically mentioned in the listing rule, intense or frequent fires threaten individuals at 14 of 29 (48 percent) of
Acmispon dendroideus
var.
traskiae
occurrences. In the
Factor A
discussion above, we addressed impacts of fire on the habitat. This section covers the discrete threat to individuals or occurrences of
A. d.
var.
traskiae.
It is unknown if
A. d.
var.
traskiae
is adapted to periodic fires, though it is likely that this taxon is resilient to occasional fires (Navy 2002, p. D-10; Tierra Data Inc. 2005, p. 80). Adult plants have been lost in fires, but subsequent recruitment from the seed bank resulted in replacement numbers of juvenile plants (Tierra Data Inc. 2005, p. 80). Aside from this observation, the relationship between fire and the life history of
A. d.
var.
traskiae
has not been adequately studied. Additionally, the taxon's tolerance to fire frequency is unknown. The seed bank may become depleted in areas that burn more frequently if individuals burn before they produce seeds. Although an individual plant has the ability to produce vast amounts of seed, the seed bank must be replenished regularly for the taxon to persist (Junak and Wilken 1998, p. 257).

Acmispon dendroideus
var.
traskiae
occurs in some areas of the island that may experience elevated fire frequency, such as in SHOBA and surrounding Eel Point (Eagle Canyon, Bryce Canyon, North Mosquito Cove, Canchalagua Canyon, Thirst Canyon, Cave Canyon, Horse Canyon, Pyramid Head, Seal Cove Terraces, and Eel Cove Canyon) (discussed in
A. d.
var.
traskiae
—
Factor A
). Increased fire frequency from intensified military use could also lead to localized changes in vegetation, resulting in indirect adverse effects on
A. d.
var.
traskiae.
The potential for frequent fire at many of the occurrences within SHOBA is reduced by their location on the eastern escarpment of the island, away from Impact Areas I and II. However, this threat may become difficult to assess with the recent closure of the eastern escarpment area due to unexploded ordnance. The Navy's fire management practices are anticipated to minimize frequency of ignitions as well as the spread of fires (as described above in
Factor A
).

The Navy conducts annual reviews of fire management and fire occurrence that allow for adaptive management. While the threat of fire remains, these measures should minimize loss of individuals or occurrences of
Acmispon dendroideus
var.
traskiae.
At the present time, fire management does not pose a threat as fuelbreak locations have not been proposed in the vicinity of this taxon. Although the Navy has planned and implemented fire management, fire continues to threaten 14 occurrences of
A. d.
var.
traskiae.
Due to the continued impacts of fire within SHOBA, fire remains a Factor E threat to the existence of
A. d.
var.
traskiae.

Climate Change

Consideration of climate change is a component of our analyses under the Endangered Species Act, and applies to our analysis of both taxa. In general terms, “climate change” refers to a change in the state of the climate (whether due to natural variability, human activity, or both) that can be identified by changes in the mean or variability of its properties, and that persists for an extended period—typically decades or longer (Intergovernmental Panel on Climate Change (IPCC) 2007a, p. 78).

Changes in climate are occurring. Examples include warming of the global climate system over recent decades, and substantial increases in precipitation in some regions of the world and decreases in other regions (for these and other examples see IPCC 2007a, p. 30; Solomon
et al.
2007, pp. 35-54, 82-85).

Most of the observed increase in global average temperature since the mid-20th century cannot be explained by natural variability in climate, and is very likely due to the observed increase in greenhouse gas concentrations in the atmosphere as a result of human activities, particularly emissions of carbon dioxide from fossil fuel use (IPCC 2007a, p. 5 and Figure SPM.3; Solomon
et al.
2007, pp. 21-35).

Therefore, to project future changes in temperature and other climate conditions, scientists use a variety of climate models (which include consideration of natural processes and variability) in conjunction with various scenarios of potential levels and timing of greenhouse gas emissions (e.g., Meehl
et al.
2007 entire; Ganguly
et al.
2009, pp. 11555, 15558; Prinn
et al.
2011, pp. 527, 529).

The projected magnitude of average global warming for this century is very similar under all combinations of models and emissions scenarios until about 2030. Thereafter, the projections show greater divergence across scenarios. Despite these differences in projected magnitude, however, the overall trajectory is one of increased warming throughout this century under all scenarios, including those which assume a reduction of greenhouse gas emissions (Meehl
et al.
2007, pp. 760-764; Ganguly
et al.
2009, pp. 15555-15558; Prinn
et al.
2011, pp. 527, 529). (For examples of other global climate projections, see IPCC 2007b, p. 8).

Various types of changes in climate can have direct or indirect effects on species and these may be positive or negative depending on the species and other relevant considerations, including interacting effects with existing habitat fragmentation or other nonclimatic variables. Vulnerability to climate change has three main components: Exposure to changes in climate, sensitivity to such changes, and adaptive capacity (IPCC 2007a, p. 89; Glick
et al
2011, pp. 19-22). Because aspects of these components can vary by species and situation, as can interactions among climatic and nonclimatic conditions, there is no single way to conduct our analyses. We use the best scientific and commercial data available to identify potential impacts and responses by species that may arise in association with different components of climate change, including interactions with nonclimatic conditions.

As is the case with all potential threats, if a species is currently affected or is expected to be affected in a negative way by one or more climate-related impacts, this does not necessarily mean the species meets the definition of a threatened or endangered species as defined under the Act. The impacts of climate change and other conditions would need to be to the level that the species is in danger of extinction, or likely to become so, throughout all or a significant portion of its range. If a species is listed as threatened or endangered, knowledge regarding the species' vulnerability to, and impacts from, climate-associated changes in environmental conditions can be used to help devise appropriate strategies for its recovery.

While projections from global climate model simulations are informative and in some cases are the only or the best scientific information available, various downscaling methods are being used to provide higher-resolution projections that are more relevant to the spatial scales used to assess impacts to a given species (see Glick
et al,
2011, pp. 58-61). With regard to the area of analysis for the San Clemente Island and specifically for the taxa at issue here, downscaled projections are available at least with respect to southern California.

San Clemente Island is located within a Mediterranean climatic regime, but with a significant maritime influence. Climate change models indicate a 1.8 to 5.4 degrees Fahrenheit (1 to 3 degrees Celsius) increase in average temperature for southern California by the year 2070 (Field
et al.
1999, p. 5; Cayan
et al.
2008, p. S26; PRBO 2011, p. 40). Over the same timespan, a 10 to 37 percent decrease in annual precipitation is predicted (PRBO 2011, p. 40), though other models predict little to no change in annual precipitation (Field
et al.
1999, pp. 8-9; Cayan
et al.
2008, p. S26). Although the island has a short rainy season, the presence of fog during the summer months helps to reduce drought stress for many plant species (Halvorson
et al.
1988, p. 111; Fischer
et al.
2009, p. 783). However, fog projections remain uncertain (Field
et al.
1999, pp. 21-22). Researchers also have substantial uncertainty in precipitation projections, and relatively little consensus concerning precipitation patterns and projections for southwestern California (PRBO 2011, p. 40). San Clemente Island typically gets less rainfall than the neighboring mainland areas (Tierra Data 2005, p. 4). Therefore, the models may underestimate the effects of precipitation changes on island vegetation. Additionally, changes in sea level and temperature may be more acute on small islands due to their high vulnerability (surrounded by ocean) and low adaptive capacity (from limited size) (IPCC 2007b, p. 1). Less rainfall and warmer air temperatures could limit the range of
Acmispon dendroideus
var.
traskiae
in the future, although no research has directly explored the effects of climate change on the taxon.

Since listing of
Acmispon dendroideus
var.
traskiae,
the potential impact of ongoing, accelerated climate change has become a recognized threat to the flora and fauna of the United States (IPCC 2007a, pp. 1-52; PRBO 2011, pp. 1-68). However, the impacts of predicted future climate change to
A. d.
var.
traskiae
remain unclear. The best available information does not provide sufficient certainty on how and when climate change will affect the taxon, the extent of average temperature increases in California, or potential changes to the level of threat posed by fire on San Clemente Island. The most recent literature on climate change includes predictions of hydrological changes, higher temperatures, and expansion of drought areas (IPCC 2007a, pp. 1-18). While we recognize that climate change is an important issue with potential effects to listed species and their habitats, the best available information does not inform accurate predictions regarding its impacts to
A. d.
var.
traskiae
at this time.

Hybridization

Acmispon dendroideus
var.
traskiae
is known to hybridize with
Acmispon argophyllus
var.
argenteus.
In 1990, Liston
et al.
(p. 240) confirmed hybridization between co-occurring populations of
A. d.
var.
traskiae
and
A. a.
var.
argenteus
in Wilson Cove. At that time, they detected only 4 hybrid individuals out of 38 individuals tested, and failed to detect hybridization in another area of co-occurrence at the southern end of the island.

Liston
et al.
(1990, pp. 240-243) offered three hypotheses for the scarcity of confirmed hybrid individuals. First, hybrids may have reduced fitness and be selected against, or be sterile and thus unable to produce viable seed even if backcrossed to the parent taxa. In this situation, hybridization would not be a threat to the genetic integrity of
Acmispon dendroideus
var.
traskiae.
Second and conversely, if the fertile hybrids are recent in origin (within the last 20 years), and because both parental taxon are long-lived woody perennials, few hybrid individuals would be expected due to the slower development and lifespan of the taxa. If this assumption is correct, then the genetic integrity of the largest known occurrence of
A. d.
var.
traskiae
in Wilson Cove, and the other occurren

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2013-17089. Public record. Not legal advice.