Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to Downlist Hesperocyparis abramsiana (=Cupressus abramsiana), and Proposed Rule to Reclassify H. abramsiana as Threatened, 54221-54231 [2013-21313]
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Proposed Rules
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coverage of a comprehensive, regional,
or local conservation program under the
4(d) special rule being considered, the
program must provide a conservation
benefit to Mazama pocket gophers.
Conservation, as defined in section 3(3)
of the Act, means ‘‘to use and the use
of all methods and procedures which
are necessary to bring any endangered
species or threatened species to the
point at which the measures provided
pursuant to the Act are no longer
necessary.’’ The program may also be
periodically reviewed by the Service to
determine that it continues to provide
the intended conservation benefit to the
Mazama pocket gophers. As a result of
this provision, the Service expects that
conservation actions will be
implemented with a high level of
certainty that the program will lead to
the long-term conservation of the four
subspecies of Mazama pocket gopher.
Agricultural and Ranching Activities
The Service is considering exempting
take of Mazama pocket gopher on nonFederal lands when those lands are
managed following technical guidelines
that have been developed in
coordination with a State or Federal
agency or agencies responsible for the
management and conservation of fish
and wildlife, or their agent(s), and that
has been determined by the Service to
provide a conservation benefit to
Mazama pocket gophers. Individual
non-Federal landowners following these
specific technical guidelines may be
exempted from take prohibitions.
Guidelines should incorporate
procedures, practice standards, and
conservation measures that promote the
continued existence of the four
subspecies of Mazama pocket gopher.
Ideally, appropriate guidelines would
be associated with a program that would
provide financial and technical
assistance to participating landowners
to implement specific conservation
measures beneficial to the Mazama
pocket gophers that also contribute to
the sustainability of landowners’
agricultural or ranching operations.
Conservation measures encompassed by
such a program should be consistent
with management or restoration of
prairie habitats for Mazama pocket
gophers and include brush management,
prescribed grazing, range planting,
prescribed burning, and set asides for
conservation areas.
We believe including such a provision
in a 4(d) special rule for agricultural and
ranching activities will promote
conservation of the species by
encouraging agricultural landowners
and ranchers with Mazama pocket
gophers to continue managing the
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remaining landscape in ways that meet
the needs of their operations while
simultaneously supporting suitable
habitat for the gophers as well as other
prairie-dependent species.
We will consider all comments and
information received during our
preparation of a final determination on
the status of the four subspecies and the
4(d) special rule, and, if appropriate, a
final designation of critical habitat.
Accordingly, the final decision may
differ from our original proposal.
If you previously submitted
comments or information on the
proposed rule during the two previously
open comment periods, please do not
resubmit them. We have incorporated
them into the public record, and we will
fully consider them in the preparation
of our final determination. Our final
determination concerning the proposed
listing and proposed designation of
critical habitat will take into
consideration all written comments and
any additional information we received.
You may submit your comments and
materials concerning the proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the Web site. We will post all
hardcopy comments on https://
www.regulations.gov as well. If you
submit a hardcopy comment that
includes personal identifying
information, you may request at the top
of your document that we withhold this
information from public review.
However, we cannot guarantee that we
will be able to do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on https://www.regulations.gov at Docket
No. FWS–R1–ES–2012–0088 and FWS–
R1–ES–2013–0021, or by appointment,
during normal business hours, at the
U.S. Fish and Wildlife Service,
Washington Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
You may obtain copies of the proposed
rule on the Internet at https://
www.regulations.gov at Docket No.
FWS–R1–ES–2012–0088, or by mail
from the Washington Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this notice are
the staff members of the Washington
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54221
Fish and Wildlife Office, Pacific Region,
U.S. Fish and Wildlife Service.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: August 21, 2013.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2013–21376 Filed 8–30–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2013–0092;
4500030113]
RIN 1018–AY77
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition to Downlist Hesperocyparis
abramsiana (=Cupressus abramsiana),
and Proposed Rule to Reclassify H.
abramsiana as Threatened
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule and 12-month
petition finding.
AGENCY:
We, the U.S. Fish and
Wildlife Service, announce a 12-month
finding on a petition to reclassify
Hesperocyparis abramsiana
(=Cupressus abramsiana) (Santa Cruz
cypress) as threatened under the
Endangered Species Act of 1973, as
amended (Act). After review of all
available scientific and commercial
information, we find that reclassifying
Santa Cruz cypress as threatened is
warranted, and therefore, we propose to
reclassify Santa Cruz cypress as
threatened under the Act. We also
propose to correct the scientific name of
Santa Cruz cypress on the List of
Endangered and Threatened Plants. We
are seeking information and comments
from the public regarding this proposed
rule and 12-month finding.
DATES: We will accept comments
received or postmarked on or before
November 4, 2013. We must receive
requests for public hearings, in writing,
at the address shown in the FOR FURTHER
INFORMATION CONTACT section by October
18, 2013.
ADDRESSES: Comment submission: You
may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
SUMMARY:
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Proposed Rules
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2013–0092, which is
the docket number for this rulemaking.
Then, in the Search panel on the left
side of the screen, under the Document
Type heading, click on the Proposed
Rules link to locate this document. You
may submit a comment by clicking on
‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R8–ES–2013–
0092; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Information Requested section below for
more information).
Document availability: A copy of the
Species Report referenced throughout
this document can be viewed at https://
ecos.fws.gov/speciesProfile/profile/
speciesProfile.action?spcode=R005, at
https://www.regulations.gov under
Docket No. FWS–R8–ES–2013–0092, or
at the Ventura Fish and Wildlife Office’s
Web site at https://www.fws.gov/ventura/
.
FOR FURTHER INFORMATION CONTACT:
Stephen P. Henry, Deputy Field
Supervisor, U.S. Fish and Wildlife
Service, Ventura Fish and Wildlife
Office, 2493 Portola Road, Suite B,
Ventura, CA 93003; telephone 805–644–
1766; facsimile 805–644–3958. If you
use a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
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Information Requested
We intend any final action resulting
from this proposal will be based on the
best scientific and commercial data
available, and be as accurate and as
effective as possible. Therefore, we
request comments or information from
other governmental agencies, tribes, the
scientific community, industry, or other
interested parties concerning this
proposed rule. We particularly seek
comments concerning:
(1) Reasons why we should or should
not reclassify Santa Cruz cypress under
the Act (16 U.S.C. 1531 et seq.).
(2) New biological or other relevant
data concerning any threat (or lack
thereof) to this species.
(3) New information concerning the
population size or trends of this species.
(4) New information on how Santa
Cruz cypress responds to fire, especially
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as it pertains to prescribed fire and
alternatives to prescribed fire (e.g.,
mechanical disturbance) that would
support increased recruitment for this
species.
(5) New information on the current or
planned activities within the range of
the species that may adversely affect or
benefit the species.
(6) New information or data on the
projected and reasonably likely impacts
to Santa Cruz cypress or its habitat
associated with climate change.
Please include sufficient information
with your submission (such as scientific
journal articles or other publications) to
allow us to verify any scientific or
commercial information you include.
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is an endangered or threatened
species must be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in the
ADDRESSES section. We request that you
send comments only by the methods
described in the ADDRESSES section. If
you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Ventura Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT).
Public Hearings
Section 4(b)(5) of the Act provides for
one or more public hearings on this
proposal, if requested. We must receive
your request within 45 days after the
date of this Federal Register
publication. Send your request to the
address shown in FOR FURTHER
INFORMATION CONTACT. We will schedule
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public hearings on this proposal, if any
are requested, and announce the dates,
times, and places of those hearings, as
well as how to obtain reasonable
accommodations, in the Federal
Register and local newspapers at least
15 days before the hearing.
Peer Review
In accordance with our joint policy on
peer review published in the Federal
Register on July 1, 1994 (50 FR 34270),
we will seek the expert opinions of at
least three appropriate and independent
specialists regarding this proposed rule.
A thorough review of information that
we relied on in preparing this proposed
rule—including information on
taxonomy, life-history, ecology,
population distribution and abundance,
and potential threats—is presented in
the Santa Cruz Cypress Species Report
(Service 2013) available at
www.regulations.gov (Docket Number
FWS–R8–ES–2013–0092). The purpose
of peer review is to ensure that
decisions are based on scientifically
sound data, assumptions, and analyses.
A peer review panel will conduct an
assessment of the proposed rule, and the
specific assumptions and conclusions
regarding the proposed downlisting.
This assessment will be completed
during the public comment period.
We will consider all comments and
information we receive during the
comment period on this proposed rule
as we prepare the final determination.
Accordingly, the final decision may
differ from this proposal.
Previous Federal Action
We proposed to list Santa Cruz
cypress (as Cupressus abramsiana) as an
endangered species under the Act on
September 12, 1985 (50 FR 37249),
based on threats from residential
development, agricultural conversion,
logging, oil and gas drilling, and the
alteration of the natural fire regime that
maintains the stands. We published a
final rule listing Santa Cruz cypress as
an endangered species (which included
an additional threat, genetic
introgression, not listed in the proposed
rule) in the Federal Register on January
8, 1987 (52 FR 675). We finalized a
recovery plan for Santa Cruz cypress
(Recovery Plan) in September 1998
(Service 1998).
Under the Act, we maintain the Lists
of Endangered and Threatened Wildlife
and Plants at 50 CFR 17.11 (for animals)
and 17.12 (for plants) (Lists). We amend
the Lists by publishing final rules in the
Federal Register. Section 4(c)(2)(A) of
the Act requires that we conduct a
review of listed species at least once
every 5 years. Section 4(c)(2)(B) requires
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that we determine: (1) Whether a
species no longer meets the definition of
endangered or threatened and should be
removed from the Lists (delisted), (2)
whether a species listed as endangered
more properly meets the definition of
threatened and should be reclassified to
threatened (downlisted), or (3) whether
a species listed as threatened more
properly meets the definition of
endangered and should be reclassified
to endangered (uplisted). In accordance
with 50 CFR 424.11(d), using the best
scientific and commercial data
available, we will consider a species for
delisting only if the data substantiate
that the species is neither endangered
nor threatened for one or more of the
following reasons: (1) The species is
considered extinct; (2) the species is
considered recovered; or (3) the original
data available when the species was
listed, or the interpretation of such data,
were in error.
We published a notice announcing
active review and requested public
comments concerning the status of
Santa Cruz cypress under section 4(c)(2)
of the Act on February 14, 2007 (72 FR
7064). We notified the public of
completion of the 5-year review on May
21, 2010 (75 FR 28636). The 5-year
review, completed on August 17, 2009
(Service 2009), resulted in a
recommendation to change the status of
the species from endangered to
threatened. A copy of the 2009 5-year
review for Santa Cruz cypress is
available on the Service’s
Environmental Conservation Online
System (https://ecos.fws.gov/docs/five_
year_review/doc2551.pdf).
On December 21, 2011, we received a
petition dated December 19, 2011, from
the Pacific Legal Foundation, requesting
the Service to delist the Inyo California
towhee (Pipilo crissalis eremophilus),
and to reclassify from endangered to
threatened the arroyo toad (Anaxyrus
californicus), Modoc sucker
(Catostomus microps), Eriodictyon
altissimum (Indian Knob
mountainbalm), Astragalus jaegerianus
(Lane Mountain milk-vetch), and Santa
Cruz cypress. The petition was based on
the analysis and recommendations
contained in the most recent 5-year
reviews for these taxa. On June 4, 2012
(77 FR 32922), we published in the
Federal Register a 90-day finding for the
2011 petition to reclassify these six taxa.
In our 90-day finding, we determined
the 2011 petition provided substantial
information indicating the petitioned
actions may be warranted, and we
initiated status reviews for each species.
This proposed downlisting rule
constitutes the 12-month finding and
our 5-year status review for Santa Cruz
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cypress; 12-month findings for the other
petitioned species will be addressed
separately and published in the Federal
Register in the future.
Background
A scientific analysis was completed
and presented in detail within the Santa
Cruz Cypress Species Report (Service
2013, entire), which is available at
https://www.regulations.gov at Docket
Number FWS–R8–ES–2013–0092. The
Species Report was prepared by Service
biologists to provide thorough
discussion of the species ecology,
biological needs, and analysis of the
threats that may be impacting the
species. The Species Report includes
discussion of the following: species
description, taxonomy, life history,
habitat, distribution, abundance,
population descriptions, age and size
class distribution, threats analysis,
progress towards recovery, and research
needs. This detailed information is
summarized in the following paragraphs
of this Background section and the
Summary of Factors Affecting the
Species section.
Santa Cruz cypress is a small-statured
tree in the cypress family
(Cupressaceae), with mature trees
averaging 20 to 33 feet (6 to 10 meters)
in height (Bartel 2012, p. 138).
Reproductive maturity is reached at an
average age of 11 years, although some
individuals produce cones earlier
(Kuhlmann 1986, p. 8). The potential
lifespan of the Santa Cruz cypress is
approximately 100 years or longer
(Service 2013, p. 9).
The taxonomy of and relationships
among members of the cypress family
(Cupressaceae) have undergone many
revisions, as described in greater detail
in the Species Report (Service 2013, pp.
8–9). Most recently, a new genus,
Hesperocyparis Bartel and Price, was
described to recognize that the western
hemisphere Cupressus taxa, including
Santa Cruz cypress, comprise a group
quite separate from the eastern
hemisphere taxa (Adams et al. 2009, p.
180). This taxonomic revision,
published since listing, changed the
name of the listed entity from Cupressus
abramsiana to Hesperocyparis
abramsiana, but did not alter the
definition, distribution, or range of the
species from what it was at the time of
listing. Based on this revision, we
include in this document a proposed
correction to this taxon’s scientific
name, to list it as Hesperocyparis
abramsiana on the List of Endangered
and Threatened Plants at 50 CFR
17.12(h).
Recent taxonomic evaluations of
Hesperocyparis abramsiana have
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54223
identified two varieties of the species:
H. a. var. abramsiana and H. a. var.
butanoensis (San Mateo cypress)
(Adams and Bartel 2009). The listed
entity includes all members of this
species (i.e., both varieties currently
have the same protections under the
Act), which are represented by one
population in San Mateo County,
California (H. a. var. butanoensis;
known as the Butano Ridge population),
and four populations in Santa Cruz
County, California (H. a. var.
abramsiana; known as the Eagle Rock,
Bracken Brae, Bonny Doon, and Majors
Creek populations). These five
populations comprise eight distinct
stands (trees with similar species
composition, age, and condition
considered to be a homogeneous unit).
Hesperocyparis abramsiana var.
butanoensis is distinguished from H. a.
var. abramsiana by its longer seed cones
(Bartel 2012, p. 138). Both varieties are
collectively referred to as Santa Cruz
cypress for the remainder of this
document unless otherwise noted.
At the time of listing, population
estimates for Santa Cruz cypress were
based on field reconnaissance rather
than systematic observations of stand
area and density. These estimates did
not differ greatly from the estimates
used in the 1998 Recovery Plan (Service
1998), which used numbers from a
demographic report (Lyons 1988) of the
species from 1988. In 2007, we funded
a directed study of three populations
(Butano Ridge, Majors Creek, and Eagle
Rock) to obtain more accurate estimates
on population numbers and area
(McGraw 2007, entire), and we derived
updated estimates for the remaining two
populations from McGraw (2007) and
Taylor (in litt. 2005).
McGraw (2007) and Taylor (in litt.
2005) represent the best currently
available scientific and commercial
information regarding number of
individual trees, coverage area (acreage)
for all populations, reproduction, and
recruitment. Survey data indicate the
estimated number of individual trees for
all 5 populations ranges from
approximately 2,786 individuals in the
Butano Ridge population to
approximately 10,000 to 20,000
individuals in the Bracken Brae
population (Table 2 in Service 2013, p.
13). The five populations range in size
from approximately 8 to 128 acres (ac)
(3 to 52 hectares (ha)) (Table 2 in
Service 2013, p. 13). McGraw’s (2007, p.
20) study at the Butano Ridge, Eagle
Rock, and Majors Creek populations
showed high levels of new cone
formation (also expected to be similar at
the Bonny Doon and Bracken Brae
populations), which is an indicator of
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reproductive vigor. Santa Cruz cypress,
like most cypress species, are obligate
seeders; the trees do not resprout after
a disturbance event such as a fire, and
are thus totally dependent on seed
establishment for post-disturbance
regeneration (Bartel and Knudsen 1983,
p. 3). While seed production appears to
be strong, recruitment—which depends
more on the availability of habitat—is
more variable between stands (Service
2013, p. 45).
For a detailed discussion of Santa
Cruz cypress’s description, taxonomy,
life history, habitat, soils, distribution,
abundance, age and size distribution,
and role of fire in regeneration, please
see the Species Report available for
review at https://www.regulations.gov
under Docket No. FWS–R8–ES–2013–
0092.
Recovery and Recovery Plan
Implementation
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. Under section 4(f)(1)(B)(ii),
recovery plans must, to the maximum
extent practicable, include: ‘‘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.’’ However,
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. Section 4(b) of the Act requires
that the determination be made ‘‘solely
on the basis of the best scientific and
commercial data available.’’ Therefore,
recovery criteria should indicate when a
species is no longer an endangered
species or threatened species because of
any of the five statutory factors.
Thus, while recovery plans provide
important guidance to the Service,
States, and other partners on methods of
minimizing threats to listed species and
measurable objectives against which to
measure progress towards recovery, they
are not regulatory documents and
cannot substitute for the determinations
and promulgation of regulations
required under section 4(a)(1) of the
Act. A decision to revise the status of or
remove a species from the Federal List
of Endangered and Threatened Plants
(50 CFR 17.12) is ultimately based on an
analysis of the best scientific and
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commercial data then available to
determine whether a species is no
longer an endangered species or a
threatened species, regardless of
whether that information differs from
the recovery plan.
In 1998, we finalized a recovery plan
for Santa Cruz cypress (Recovery Plan;
Service 1998). The Recovery Plan states
that Santa Cruz cypress can be
reclassified to threatened status when
protection is secured for all five
populations and their habitat from the
primary threats of logging, agricultural
conversion, and development (Service
1998, p. 30). This criterion was intended
to address the point at which imminent
threats to the species had been
ameliorated so that the populations
were no longer in immediate risk of
extirpation. Because of its limited range
and distribution, we determined that
essentially all of the known habitat is
necessary to conserve the species. At the
time the Recovery Plan was prepared,
we estimated that areal extent totaled
356 ac (144 ha). After more accurate
mapping (McGraw 2007, entire), we
now estimate that areal extent totals
approximately 188 ac (76 ha) (Service
2013, p. 43). Additionally, estimated
abundance of individuals in all
populations has changed over time,
from approximately 2,300 individuals at
the time of listing in 1987, to a current
range of 33,000 to 44,000 individuals
(although the latter estimate is variable
due to mortality and regeneration
following the 2008 Martin Fire that
burned 520 ac (210 ha) of land and a
portion of the Bonny Doon population)
(see Table 1 and the Bonny Doon
population discussion under the
‘‘Population Descriptions’’ section of the
Species Report (Service 2013, pp. 6, 15–
17)). It is important to note that the
updated estimates for species
abundance and areal extent do not
illustrate trends but rather improved
information about the species over time.
As explained in more detail in the
Species Report (Service 2013, p. 43),
three of five populations occur
primarily or entirely on lands that are
being managed for conservation
purposes, including the Butano Ridge
population at Pescadero Creek County
Park, the Bonny Doon population at
Bonny Doon Ecological Reserve
managed by the California Department
of Fish and Wildlife (CDFW), and the
Eagle Rock population at Big Basin State
Park managed the California Department
of Parks and Recreation (CDPR). A
fourth population (Majors Creek) is
primarily on lands at Gray Whale Ranch
State Park, with a small portion on
privately owned land. The fifth
population (Bracken Brae) is entirely on
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private lands owned by a conservationoriented landowner. This land is also
designated by the County of Santa Cruz
as environmentally sensitive habitat,
which places restrictions on most
development. Because four of the five
populations, either wholly or primarily,
occur on park or reserve lands, most of
the individuals in the Bonny Doon,
Butano Ridge, Majors Creek, and Eagle
Rock populations are protected against
the threats identified as imminent
(logging, agricultural conversion, and
development) at the time of listing and
in the Recovery Plan. Because the
Bracken Brae population is being
managed by a conservation-oriented
landowner and county restrictions are
in place that would restrict most
development, development-related
threats to this population appear
negligible compared to other active
threats. Therefore, we conclude that the
downlisting criterion has been
substantially met.
The Recovery Plan also states that
Santa Cruz cypress can be delisted
when all five populations are assured of
long-term reproductive success, with
insurance against failure provided by
the availability of banked seed (Service
1998, p. 45). This criterion was intended
to address the point at which long-term
threats to the species’ persistence had
been addressed and its persistence
ensured. As explained in more detail in
the Species Report (Service 2013, pp.
18–20), Santa Cruz cypress requires fire
or other disturbance for germination of
seeds and recruitment of new
individuals into the populations. As
detailed below in the Summary of
Factors Affecting the Species section
and in the Species Report (Service 2013,
pp. 23–25), alteration of fire regime and
lack of management are likely to
significantly impact the long-term
persistence of the species. Additionally,
only seed for the Bonny Doon, Majors
Creek, and Bracken Brae populations is
stored in a conservation bank; no seed
has been banked for the Eagle Rock or
Butano Ridge populations. Therefore,
based on our analysis of the best
available information, we conclude that
the delisting criterion for the species has
not been met.
In addition to the significant
protections now afforded to Santa Cruz
cypress as outlined above, various
studies have occurred since
development of the Recovery Plan that
aid in our understanding of the status of
Santa Cruz cypress. For example:
• Recent surveys indicate that four of
the five stands of Santa Cruz cypress
contain a larger number of individuals
than was estimated at the time of listing
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and in the Recovery Plan (Service 2013,
p. 43).
• Although data indicate the majority
of trees are reproductive, many trees (as
indicated by surveys conducted
specifically at Butano Ridge and Majors
Creek populations) are even-aged (occur
in stands or populations with
individuals all of approximately the
same age). Even-aged stands indicate
that vigorous recruitment (survival of
seedlings to reproductive age and into
the adult population) is not evident
(McGraw 2011, p. 26). In contrast,
vigorous recruitment would be
indicated by stands or populations
including individuals of multiple sizes
or age classes representing various life
stages of the species.
• While seed production appears to
be strong at each of the sampled
populations, recruitment, which
depends more on extrinsic factors such
as the availability of appropriate habitat
for seedling survival, is more variable
among stands even within a population.
These and other data that we have
analyzed indicate that most threats
identified at listing and during the
development of the Recovery Plan are
reduced in areas occupied by Santa
Cruz cypress and that the status of Santa
Cruz cypress has improved, primarily
due to the habitat protection provided
by CDFW, CDPR, the County of San
Mateo, and the County of Santa Cruz.
However, threats associated with
alteration of fire regime and lack of
habitat management continue to impede
the species’ ability to recover.
Additional information on recovery
and recovery plan implementation are
described in the ‘‘Progress Toward
Recovery’’ section of the Species Report
(Service 2013, pp. 39–43).
Summary of Factors Affecting the
Species
Section 4 of the Act and its
implementing regulations (50 CFR part
424) set forth the procedures for listing
species, reclassifying species, or
removing species from listed status.
‘‘Species’’ is defined by the Act as
including any species or subspecies of
fish or wildlife or plants, and any
distinct population segment of any
species of vertebrate fish or wildlife
which interbreeds when mature (16
U.S.C. 1532(16)). A species may be
determined to be an endangered or
threatened species because of any one or
a combination of the five factors
described in section 4(a)(1) of the Act:
(A) The present or threatened
destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
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purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; or (E) other natural or
human made factors affecting its
continued existence. A species may be
reclassified on the same basis.
Determining whether the status of a
species has improved to the point that
it can be downlisted requires
consideration of whether the species is
endangered or threatened because of the
same five categories of threats specified
in section 4(a)(1) of the Act. For species
that are already listed as endangered or
threatened, this 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
and the removal or reduction of the
Act’s protections.
A species is an ‘‘endangered species’’
for purposes of the Act if it is in danger
of extinction throughout all or a
significant portion of its range and is a
‘‘threatened species’’ if it is likely to
become an endangered species within
the foreseeable future throughout all or
a significant portion of its range. The
word ‘‘range’’ in the significant portion
of its range phrase refers to the range in
which the species currently exists. For
the purposes of this analysis, we first
evaluate the status of the species
throughout all its range, then consider
whether the species is in danger of
extinction or likely to become so in any
significant portion of its range.
At the time of listing, the primary
threats to Santa Cruz cypress were
residential development, agricultural
conversion, logging, oil and gas drilling,
genetic introgression, and alteration of
the natural frequency of fires that
threatened to destroy portions of each
population (52 FR 675; January 8, 1987).
Other (secondary) threats in 1987
included vandalism, disease, and
inadequate regulatory mechanisms (52
FR 675). Of the primary threats in 1987,
residential development, agricultural
conversion, and logging threatened
individual Santa Cruz cypress trees and
stands with imminent destruction.
By the time the Recovery Plan was
developed in 1998 (Service 1998, p.1),
threats to Santa Cruz cypress from
residential development, agricultural
conversion, oil and gas drilling, and
logging were still a concern but had
already substantially decreased. The
other (secondary) threats identified at
the time of listing had not been
ameliorated by the time the Recovery
Plan was developed, particularly
alteration of the natural fire frequency
because fire exclusion activities still
occurred on nearby properties (Service
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1998, pp. 20–25). Additionally, the
Recovery Plan included a discussion of
threats to Santa Cruz cypress posed by
nonnative species, reproductive
isolation, and predation (Service 1998,
pp. 22, 23). Subsequently, we conducted
a 5-year status review (which included
an analysis of threats that affect the
species) in 2009 (Service 2009, pp. 7–
11). By this point in time, much of the
existing habitat for Santa Cruz cypress
had been acquired by the State of
California; thus, many impacts
previously considered significant to the
species were of a lesser concern, with
the exception of residential
development and agricultural
conversion at portions of populations
that were not yet conserved. Our review
concluded that the impacts from
alteration of the fire regime, disease or
predation, reproductive isolation,
genetic introgression, and competition
with nonnative species remained at the
same level as identified in the Recovery
Plan.
A thorough analysis and discussion of
the current status review initiated with
our 2012 90-day finding (77 FR 32922)
is detailed in the Species Report
(Service 2013, entire). In the Species
Report, we identified levels of threats
using a scale of low, moderate, or high
(see Service 2013, Appendix 1, for a
description of the methodology). As
used in this Species Report, a low-level
threat has the potential to occur at any
time, but is unlikely to affect the species
across its entire range or preclude its
persistence into the future; a moderatelevel threat is currently affecting the
long-term persistence of a particular
population or across the species’ range,
but does not pose an imminent threat to
the persistence of the species; and a
high-level threat is a well-documented
imminent threat to a large number of
individuals that has the potential to
disrupt the long-term persistence of the
species in a particular population or
across its entire range. Current or
potential future threats to Santa Cruz
cypress include alteration of the fire
regime (Factors A and E; high-level
threat), competition with nonnative
species (Factors A and E; moderate-level
threat), climate change (Factor A;
moderate-level threat), genetic
introgression (Factor E; low-level
threat), and vandalism and
unauthorized recreational activities
(Factors A and E; low-level threat). The
existing regulatory mechanisms are
inadequate to protect the species from
these threats (Factor D; low-level threat).
Other potential impacts evaluated and
found to either be of no concern,
insignificant concern, or negligible at
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this time include residential
development, agricultural conversion,
logging, and oil and gas drilling (Factor
A); overutilization (Factor B); disease or
predation (Factor C); and reproductive
isolation (Factor E). Please see Table 1,
Table 4, and the ‘‘Discussion of Threats
to the Species’’ section of the Species
Report for a thorough discussion of all
potential and current threats (Service
2013, pp. 3, 22–40).
We note, however, that, although the
threats of residential development and
agricultural conversion to Santa Cruz
cypress have been ameliorated
considerably compared to the time of
listing (to the point that we consider
them insignificant at this time), they
remain a concern at two of the
populations (i.e., the Bracken Brae and
Bonny Doon populations) to a lesser
degree than previously identified in the
Recovery Plan. Specifically, while the
land is not in permanent conservation
ownership, the likelihood of potential
residential development is reduced at
the Bracken Brae population because
the land is owned by a conservationoriented landowner (Service 2013, p.
45) and county designation of these
lands as a sensitive area places a
restriction on certain kinds of
development. We do not expect this
county designation as a sensitive area to
change in the future, even if the species
is reclassified to threatened or
eventually delisted. Additionally,
agricultural conversion is currently
reduced (to an insignificant level) at the
Bonny Doon population as a result of a
large proportion of the population (i.e.,
approximately 70 percent) now
occurring on lands designated as a
reserve (Service 2013, pp. 15, 16, 45).
The portion that is not part of the
reserve (i.e., approximately 30 percent)
is still subject to potential agricultural
conversion, although potential loss of
even this area outside the reserve is
relatively unlikely due to the county’s
designation of these lands as a sensitive
area (thus a low magnitude threat
overall for the population and the
species as a whole). The increased level
of conservation afforded to these two
populations as compared to the time of
listing has been achieved primarily
through the acquisition of lands for
conservation by CDPR and CDFW.
The following sections provide a
summary of the current threats
impacting the Santa Cruz cypress. As
identified above, these threats include
alteration of the fire regime (Factors A
and E), competition with nonnative
species (Factors A and E), climate
change (Factor A), genetic introgression
(Factor E), vandalism and unauthorized
recreational activities (Factors A and E),
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and the inadequacy of existing
regulatory mechanisms (Factor D).
Alteration of Fire Regime
The long-term persistence of Santa
Cruz cypress populations can be
affected by the disruption of the natural
fire frequency because Santa Cruz
cypress requires fire (or potentially
mechanical disturbance in lieu of, or in
combination with, fire) to reproduce.
Most Santa Cruz cypress populations
are located close to residential areas,
where natural fires are excluded from
surrounding wildland areas by the
creation of fire breaks and fuels
reduction projects. Both fire exclusion
and fire suppression lengthen the
interval between fires, thus altering the
natural fire regime and increasing the
risk of extirpation from senescence
(growth phase from full maturity to
death). Conversely, human ignitions
contribute to fire intervals that are too
short, which in turn can inhibit Santa
Cruz cypress from reaching its
reproductive potential if stands burn
prior to trees reaching reproductive age.
The altered fire regime presents a
high-level threat to the long-term
persistence of all of the Santa Cruz
cypress populations and their habitat.
Santa Cruz cypress depends on fire to
maintain appropriate habitat conditions
and to release many of the seeds stored
in cones in the canopy. As adult trees
senesce and die, seed production
decreases, such that there is insufficient
seed available to regenerate the stand
(McGraw 2007, p. 24). In the absence of
fire, recruitment still occurs, but at a
low level that is likely not sufficient for
stand replacement (McGraw 2011, p. 2).
To germinate in large numbers, the
species requires open soil and canopy
conditions created by fires intense
enough to kill the parent tree; in the
absence of fire the species is only able
to germinate opportunistically in rock
outcroppings or small disturbance areas.
Without appropriate disturbance from
fire, the stands could eventually
senesce, resulting in minimal
reproduction in small rock outcrops that
may be inadequate to maintain
population viability.
Within the range of the Santa Cruz
cypress, fire has been documented at the
Bonny Doon and Eagle Rock
populations, although even-aged stands
at the Butano Ridge, Bracken Brae, and
Majors Creek populations suggest that
past fires have occurred. However,
McGraw (2011, p. 2) states that the
current demographics and natural
recruitment rates observed in the Majors
Creek, Eagle Rock, and Butano Ridge
populations appear to be insufficient to
maintain the populations in the absence
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of fire. Additionally, active management
to address this concern is not occurring
at this time. See additional discussion
in the ‘‘Alteration of Fire Regime’’
section of the Species Report (Service
2013, pp. 23–25).
Competition With Nonnative Species
The presence of nonnative, invasive
species impacts the long-term
persistence of Santa Cruz cypress and
its habitat both currently and in the
future through competition and habitat
modification. Many nonnative species
have been introduced into Santa Cruz
cypress habitat through a variety of past
impacts (e.g., development,
infrastructure). Significant impacts
result from Acacia dealbata (silver
wattle) and Genista monspessulana
(French broom). Silver wattle is
significantly impacting the Majors Creek
population and its habitat by creating
dense canopies, which can inhibit
seedlings by blocking sunlight needed
for cypress growth (McGraw 2007, p.
23). French broom is one of the most
prevalent invasive species in Santa Cruz
County, located at elevations where all
but a portion of one Santa Cruz cypress
population occurs (Moore 2002, p. 6).
French broom is significantly impacting
the Bonny Doon population and its
habitat by inhibiting Santa Cruz cypress
seedling establishment through
competition for open, recently disturbed
soils that have access to abundant
sunlight. Additionally, European annual
grasses (present at all populations) are
known to impact Santa Cruz cypress by
precluding the establishment of
seedlings, but these grasses do not
impact Santa Cruz cypress as
significantly as silver wattle or French
broom, which are currently impacting
two populations (i.e., Majors Creek and
Bonny Doon) and likely to impact, at
minimum, two additional populations
(i.e., Eagle Rock and Bracken Brae) due
to the cypress’s proximity to residential
areas where ground disturbance
activities promote nonnative plant
invasions. We consider competition
with nonnative species to be a
moderate-level threat to the Santa Cruz
cypress. See additional discussion in
the ‘‘Competition With Nonnative Plant
Species’’ section of the Species Report
(Service 2013, pp. 31–33).
Climate Change
The term ‘‘climate change’’ refers to a
change in the mean or variability of one
or more measures of climate (e.g.,
temperature or precipitation) that
persists for an extended period, usually
decades or longer, whether the change
is due to natural variability, human
activity, or both (IPCC 2007, p. 78).
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Various types of changes in climate can
have direct or indirect effects on
species, including Santa Cruz cypress.
Scientific measurements spanning
several decades demonstrate that
changes in climate are occurring, and
the rate of change has increased since
the 1950s (e.g., IPCC 2007, p. 30;
Solomon et al. 2007, pp. 35–54, 82–85).
Within central-western California (i.e.,
California coastal counties from San
Francisco south to Santa Barbara,
including the range of the Santa Cruz
cypress), predictions indicate warmer
winter temperatures, earlier warming in
the spring, and increased summer
temperatures (PRBO Conservation
Science 2011, p. 35), all of which will
likely result in shifts in vegetation
types. This can, for example, result in
increased competition between species
like Santa Cruz cypress and other native
and nonnative species (Loarie et al.
2008), or result in habitat changes
resulting from altered fire frequency and
water availability (Service 2013, p. 28–
29). We consider climate change to be
a moderate-level threat to the Santa
Cruz cypress. See additional discussion
in the ‘‘Climate Change’’ section of the
Species Report (Service 2013, pp. 26–
29).
Genetic Introgression
If individuals of different cypress
species are planted in close proximity,
they can exchange pollen and may
produce fertile hybrid offspring, as has
been documented in a number of plant
species (Rhymer and Simberloff 1996,
pp. 98–99). By this means, genes from
one species can infiltrate into another,
which is a process called genetic
introgression. Santa Cruz cypress may
be affected by introgression from
residential plantings of Hesperocyparis
macrocarpa (Monterey cypress) near the
Bonny Doon population (Haley 1993,
pers. obs.), plantings of Cupressus
glabra (Arizona cypress) near the Eagle
Rock population, and potentially
plantings near other populations due to
their close proximity to residential areas
where plantings of other cypress species
could occur. Because considerable
genetic variation exists among Santa
Cruz cypress populations (Miller and
Westfall 1992, p. 350), it is probable
that, in the absence of geographical
barriers, hybridization may occur among
the different populations of Santa Cruz
cypress as well as between Santa Cruz
cypress and the neighboring species. We
consider genetic introgression to be a
low-level threat to the Santa Cruz
cypress. See additional discussion in
the ‘‘Genetic Introgression’’ section of
the Species Report (Service 2013, pp.
30–31).
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Vandalism and Unauthorized
Recreational Activities
Vandalism and unauthorized
recreational activities have been
documented to impact multiple Santa
Cruz cypress populations and their
habitat. These activities result in
construction of unauthorized trails
(such as those within the Majors Creek
population at Wilder Creek State Park)
(CDPR 2000; Barry 2012, pers. obs.),
which in turn result in erosion (McGraw
2007, p. 22) and potentially prevention
of seedling establishment. Additionally,
trails wear away substrate from the base
of mature cypress trees. Although
vandalism and unauthorized
recreational activities are not considered
to significantly impact the populations
at this time (considered a low-level
threat), they remain a concern due to the
likelihood of increased inhabitants in
the urban-wildland interface where
Santa Cruz cypress occurs. See
additional discussion in the ‘‘Vandalism
and Unauthorized Recreational
Activities’’ section of the Species Report
(Service 2013, p. 33).
Existing Regulatory Mechanisms
Reclassifying Santa Cruz cypress from
endangered to threatened would not
significantly change the protections
afforded to this species under the Act.
Santa Cruz cypress conservation has
been addressed in some local, State, and
Federal plans, laws, regulations, and
policies. Now that most of the trees
reside in fully protected areas on State
or County park lands, the inadequacy of
existing regulatory mechanisms is
considered a low-level threat to Santa
Cruz cypress. However, the main
concern currently and into the future is
the lack of ongoing management to
prevent senescence and ensure
population persistence. While we
recognize the benefits of management
flexibility, we also recognize that such
flexibility with regard to
implementation of land use plans can
result in land use decisions that
negatively affect Santa Cruz cypress or
its habitat. See additional discussion in
the ‘‘Legal Protection’’ section of the
Species Report (Service 2013, pp. 34–
37).
Combination of Threats
The threat to the long-term
persistence of Santa Cruz cypress is
compounded by multiple interacting
factors, specifically: (1) The alteration of
fire regimes and lack of species
management; and (2) human activities,
nonnative species, and fire. With the
prevalence of fire exclusion and
suppression near residential
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communities within the range of the
species, the opportunity for Santa Cruz
cypress to regenerate in large pulses
following fire is reduced. This fire
suppression coupled with the lack of
species-specific management is
resulting in minimal regeneration for
the species as a whole, which could be
exacerbated if this continues into the
future. The ability of land managers to
adequately maintain cypress
populations on public lands is subject to
constraints and physical barriers.
Additionally, human intrusion into
previously undisturbed areas
contributes to colonization of nonnative
plant species in the remote areas of
Santa Cruz cypress forests (see the
‘‘Competition with Nonnative Plant
Species’’ section of the Species Report
(Service 2013, pp. 31–33)). This activity
exacerbates the likelihood for the
creation of open conditions (e.g., bike
trails, road cuts, firebreaks), allowing
nonnative plants to proliferate and
compete with the cypress for soil,
nutrients, and light. If a wildfire is then
introduced into these new (open)
conditions, nonnative species that
compete with Santa Cruz cypress could
then easily spread. The presence or
increase in nonnative species can
inhibit cypress seedlings by blocking
the sunlight they need to grow (McGraw
2007, p. 23). See ‘‘Compounding
Threats’’ section of the Species Report
(Service 2013, pp. 37–38).
Overall Summary of Factors Affecting
Santa Cruz Cypress
Impacts to the long-term persistence
of Santa Cruz cypress populations from
alteration of the fire regime (Factors A
and E) remains a significant concern
currently and in the future (i.e., at least
approximately 100 years, based on the
potential lifespan of individual Santa
Cruz cypress trees per Lyons (1988)
estimate). Because the germination and
establishment of new seedlings depends
on either fire or a managed substitute
(e.g., controlled burns or mechanical
disturbance), appropriate fire or
disturbance regimes are needed to
manage the demographic profile of the
five populations. Lack of fire or other
disturbance to promote germination and
seedling establishment poses a
senescence risk to the stands and
populations of Santa Cruz cypress
(Service 2013, p. 30). Without
recruitment of new individuals, trees in
the current even-aged stands may
become senescent (or no longer
reproductive) and no longer produce
cones and seeds necessary for long-term
reproductive success and persistence of
the populations (which has been
observed in Santa Cruz cypress
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populations by McGraw (2007, pp. 20–
21)). While most of the populations
have been protected through acquisition
of lands for conservation, no active
management is currently occurring to
manage the demographic profile of the
populations. Research on suitable
management methods has only begun
recently at Bonny Doon Ecological
Reserve (McGraw 2011); future
management of this population is
expected to provide additional
understanding of conditions that would
promote regeneration, thus providing
beneficial management
recommendations that could be applied
to all populations.
Although the fire regime is identified
as a significant impact to Santa Cruz
cypress at this time, the level of impact
does not currently place the species in
danger of extinction because of the
expected continued presence of the
populations into the future, the
recruitment (albeit minimal overall) that
has been observed to date, and probable
additional recruitment that can be
expected once effective management
(potentially canopy thinning combined
with vegetation clearance) is
implemented (see ‘‘Research Needs’’
section of the Species Report (Service
2013, p. 46)).
In addition to altered fire regime,
other impacts to Santa Cruz cypress and
its habitat are currently occurring or
potentially occurring in the future, but
to a lesser degree than the overall
impact from an altered fire regime.
These include competition with
nonnative, invasive species (Factors A
and E); climate change (Factor A);
genetic introgression (Factor E); and
vandalism or unauthorized recreational
activities (Factors A and E). Nonnative
plants are competing with Santa Cruz
cypress by invading open areas where
cypress seedlings could become
established, thus competing for soil,
nutrients, and light (Service 2013, pp.
31–33). Climate change may cause
vegetation shifts and promote more and
larger wildfires (Service 2013, pp. 26–
29). Genetic introgression of Santa Cruz
cypress with at least two different
cypress species could result in
hybridization and result in the loss of
Santa Cruz cypress’s competitive
advantage in its preferred habitat
(Service 2013, pp. 31–31). Vandalism
and unauthorized recreational activities
may inhibit seedling establishment and
increase erosion (Service 2013 p. 33).
Additionally, although substantial
mechanisms are currently in place to
protect Santa Cruz cypress and its
habitat, the existing regulatory
mechanisms are inadequate to fully
protect the species from these threats
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(Factor D). Based on our current
analysis and the current level of
management being implemented, the
remaining impacts are expected to
influence Santa Cruz cypress’s habitat
suitability and its ability to reproduce
and survive in the future.
In summary, impacts from
development, agricultural conversion,
logging, and oil and gas development,
which were considered imminent at the
time of listing, have been substantially
reduced or ameliorated. Other impacts
identified at or since listing (i.e.,
alteration of fire regime; competition
with nonnative, invasive species;
climate change; genetic introgression;
and vandalism (including unauthorized
recreational activities)) continue to
impact Santa Cruz cypress or are
expected to impact the species in the
future. Although individually these
impacts (with the exception of altered
fire regime) are of low or moderate
concern to the species, their cumulative
impact can promote and accelerate
unnatural conditions (Service 2013, pp.
37–38). For example, human intrusion
into previously undisturbed areas
contributes to colonization of nonnative
plant species in the remote areas of
Santa Cruz cypress forests, which in
turn may result in increased wildfires
and potentially increased community
concern for wildfire suppression
activities. These types of interactions
could become a greater concern to Santa
Cruz cypress in the future if restricted
management leads to increased human
activity in cypress forests.
The high-level impact to Santa Cruz
cypress and its habitat that is of greatest
concern at this time is an altered fire
regime. The long-term persistence of
Santa Cruz cypress posed by this highlevel impact is exacerbated by the lack
of species management, resulting in
continued affects to the age structure
and demographic profile of the species.
Although operating on the species
currently, the impacts from an altered
fire regime, either alone or in
combination with the other impacts
identified above, do not place the
species at immediate risk of extinction.
Reproduction and recruitment is
evident (although not at a level
sufficient for long-term persistence)
based on recent data in at least four
populations (i.e., the portion of the
Bonny Doon population that burned in
the 2008 Martin Fire, and at the Eagle
Rock, Butano Ridge, and Majors Creek
populations) (Service 2013, p. 46);
insufficient recruitment is also likely
the case at the Bracken Brae population
and the portion of the Bonny Doon
population that did not burn in the 2008
Martin fire, although these data are
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unavailable. However, if fire or other
disturbance in the future does not occur
to promote germination and seedling
establishment (whether through a
natural fire event or active
management), population effects that
may result from senescence are likely to
place the species in danger of
extinction.
Distinguishing Threats for Both Cypress
Varieties
As described above in the Background
section, recent taxonomic evaluations of
Hesperocyparis abramsiana identified
two varieties: H. a. var. butanoensis
(Butano Ridge population) and H. a. var.
abramsiana (Eagle Rock, Bracken Brae,
Bonny Doon, and Majors Creek
populations) (Adams and Bartel 2009).
Therefore, the threats analysis provided
in the Species Report (Service 2013,
entire) and summarized in this
document includes a separate
evaluation for each of the five
populations, in part to distinguish the
level of impact the current threats have
on the two separate varieties. The
information summarized below is
evaluated and described in detail in the
‘‘Discussion of Threats to the Two
Separate Varieties’’ section of the
Species Report (Service 2013, pp. 38–
40).
The Butano Ridge population
(Hesperocyparis abramsiana var.
butanoensis) is primarily threatened by
changes in the historical fire regime
(Factors A and E). The population is
located away from developed areas, but
because it is near a lumber operation,
there likely are fire exclusion and
suppression activities in the vicinity
that alter the fire regime. Other impacts
identified at the time of listing are no
longer impacting this population or are
no longer considered significant (e.g.,
logging, oil and gas drilling), in large
part due to this population now being
fully protected and managed within the
boundaries of Pescadero Creek County
Park. Although this variety is not
considered a separate species, its status
as a separate variety indicates its
divergence from other populations of
the species. Further divergence, and
potentially the process of speciation,
may continue through sustained
reproductive isolation from other Santa
Cruz cypress populations. Additionally,
this is the only location for this variety,
and it is composed of a single stand,
thus making it vulnerable to an impact
such as disease if exposed. However, at
this time it is highly unlikely that
potential impacts such as development,
disease, predation, and others (as
described in the Species Report (Service
2013, pp. 23–40)) would occur at the
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Butano Ridge population. An altered
fire regime is the main concern present
at this population, with potential
concerns currently or in the future
related to competition with nonnative
species (Factors A and E) and climate
change (Factor A).
Similar to the Butano Ridge
population described above, the primary
impact to the Eagle Rock, Bracken Brae,
Bonny Doon, and Majors Creek
populations (Hesperocyparis
abramsiana var. abramsiana) is the
alteration of the fire regime (Factors A
and E), which was identified at the time
of listing. This impact remains present
at all populations of the Santa Cruz
cypress, although management actions
at the Bonny Doon Ecological Reserve
have included some mechanical
vegetation removal in an attempt to
reduce this impact (Service 2013, pp.
39–40). Impacts from competition with
nonnative species (Factors A and E) and
climate change (Factor A) also threaten
the long-term persistence of both
varieties of Santa Cruz cypress (in
addition to vandalism and unauthorized
recreational activities (Factors A and E),
and genetic introgression (Factor E)
potentially impacting the H. a. var.
abramsiana populations), and there are
no management actions proposed to
address these concerns. The existing
regulatory mechanisms are inadequate
to fully protect the species from these
impacts (Factor D). Please see the
‘‘Current Threats’’ and ‘‘Discussion of
Threats to the Two Separate Varieties’’
sections of the Species Report for
additional discussion related to current
or potential threats to these Santa Cruz
cypress populations (Service 2013, pp.
23–40).
Finding
An assessment of the need for a
species’ protection under the Act is
based on whether a species is in danger
of extinction or likely to become so
because of any of five factors: (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. As
required by section 4(a)(1) of the Act,
we conducted a review of the status of
this plant and assessed the five factors
to evaluate whether Santa Cruz cypress
is endangered or threatened throughout
all of its range. We examined the best
scientific and commercial information
available regarding the past, present,
and future threats faced by the species.
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We reviewed information presented in
the 2011 petition, information available
in our files and gathered through our 90day finding in response to this petition,
and other available published and
unpublished information. We also
consulted with species experts and land
management staff with CDFW, CDPR,
the County of San Mateo, and the
County of Santa Cruz, who are actively
managing for the conservation of Santa
Cruz cypress. For the purposes of this
discussion, we define foreseeable future
as at least approximately 100 years
based on the potential lifespan of
individual Santa Cruz cypress trees per
Lyons’ (1988) estimate (see the ‘‘Life
History’’ discussion in the Species
Report (Service 2013, pp. 8–9) for
additional discussion).
In considering what factors might
constitute threats, we must look beyond
the mere exposure of the species to the
factor to determine whether the
exposure causes actual impacts to the
species. If there is exposure to a factor,
but no response, or only a positive
response, that factor is not a threat. If
there is exposure and the species
responds negatively, the factor may be
a threat and we then attempt to
determine how significant the threat is.
If the threat is significant, it may drive,
or contribute to, the risk of extinction of
the species such that the species
warrants listing as endangered or
threatened as those terms are defined by
the Act. This does not necessarily
require empirical proof of a threat. The
combination of exposure and some
corroborating evidence of how the
species is likely impacted could suffice.
The mere identification of factors that
could impact a species negatively is not
sufficient to compel a finding that
listing is appropriate; we require
evidence that these factors are operative
threats that act on the species to the
point that the species meets the
definition of endangered or threatened
under the Act.
As a result of recent information, we
know that there are a significantly larger
number of Santa Cruz cypress
individuals than were known at the
time of listing (Service 2013, p. 45) and
that there is significant conservation of
lands that support the populations.
Significant impacts at the time of listing
that could have resulted in the
extirpation of all or parts of populations
have been eliminated or reduced since
listing. We conclude that the previously
recognized impacts to Santa Cruz
cypress from present or threatened
destruction, modification, or
curtailment of its habitat or range
(specifically, residential development,
agricultural conversion, logging, and oil
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54229
and gas drilling) (Factor A);
overutilization for commercial,
recreational, scientific, or educations
purposes (Factor B); disease or
predation (Factor C); and other natural
or human made factors affecting its
continued existence (specifically,
reproductive isolation) (Factor E) do not
rise to a level of significance, either
individually or in combination, such
that the species is in danger of
extinction now or in the foreseeable
future.
However, alteration of the fire regime
(Factors A and E) has the potential to
disrupt the long-term persistence of the
species across its entire range (resulting
in the species potentially facing a
senescence risk in the future) if fire
continues to be excluded or suppressed
near these populations. Current
recruitment in at least four populations
(the portion of Bonny Doon population
that burned in the 2008 Martin Fire, and
the Eagle Rock, Butano Ridge, and
Majors Creek populations) is evident;
however, the current level of
recruitment is not sufficient to maintain
the populations in the absence of fire
(Service 2013, p. 26). This is likely also
the case with the Bracken Brae
population and the portion of the Bonny
Doon population that did not burn.
Santa Cruz cypress will continue to be
impacted by competition with
nonnative, invasive species (Factors A
and E); genetic introgression (Factor E);
vandalism and unauthorized
recreational activities (Factors A and E);
and potentially climate change (Factor
A). Additionally, the existing regulatory
mechanisms are inadequate to fully
protect the species from these threats
(Factor D). However, the severity and
magnitude of threats, both individually
and in combination, and the likelihood
that any one event would affect all
populations is significantly reduced as a
result of the removal of multiple threats,
the reduced impact of most remaining
threats, and the extensive amount of
conservation occurring throughout the
range of the species (including, but not
limited to, extensive preservation of
occupied lands in perpetuity and
development of management plans to
enhance habitat).
In conclusion, we have carefully
assessed the best scientific and
commercial information available
regarding the past, present, and future
threats faced by this species. After
review of the information pertaining to
the five statutory factors, we find that
the ongoing threats are not of sufficient
imminence, intensity, or magnitude to
indicate that Santa Cruz cypress is
presently in danger of extinction
throughout all its range. Although
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threats to Santa Cruz cypress still exist
and will continue into the foreseeable
future, CDFW, CDPR, the County of San
Mateo, and the County of Santa Cruz are
implementing conservation measures or
regulatory actions to reduce the level of
impact on Santa Cruz cypress. We
therefore find that Santa Cruz cypress
now meets the definition of a threatened
species (i.e., is likely to become in
danger of extinction in the foreseeable
future throughout all of its range).
Significant Portion of the Range
Having examined the status of Santa
Cruz cypress throughout all its range,
we next examine whether the species is
in danger of extinction in a significant
portion of its range. The range of a
species can theoretically be divided into
portions in an infinite number of ways.
However, there is no purpose in
analyzing portions of the range that
have no reasonable potential to be
significant or in analyzing portions of
the range in which there is no
reasonable potential for the species to be
endangered or threatened. To identify
only those portions that warrant further
consideration, we determine whether
there is substantial information
indicating that: (1) The portions may be
‘‘significant’’ and (2) the species may be
in danger of extinction there or likely to
become so within the foreseeable future.
Depending on the biology of the species,
its range, and the threats it faces, it
might be more efficient for us to address
the significance question first or the
status question first. Thus, if we
determine that a portion of the range is
not ‘‘significant,’’ we do not need to
determine whether the species is
endangered or threatened there; if we
determine that the species is not
endangered or threatened in a portion of
its range, we do not need to determine
if that portion is ‘‘significant.’’ In
practice, a key part of the determination
that a species is in danger of extinction
in a significant portion of its range is
whether the threats are geographically
concentrated in some way. If the threats
to the species are essentially uniform
throughout its range, no portion is likely
to warrant further consideration.
Moreover, if any concentration of
threats to the species occurs only in
portions of the species’ range that
clearly would not meet the biologically
based definition of ‘‘significant,’’ such
portions will not warrant further
consideration.
We consider the ‘‘range’’ of Santa
Cruz cypress to include five populations
(Butano Ridge, Bracken Brae, Eagle
Rock, Bonny Doon, and Majors Creek)
that span a distance of 15 miles (24
kilometers) from north to south within
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the Santa Cruz Mountains in San Mateo
and Santa Cruz Counties, California.
These five populations are all believed
to be relictual islands containing
representatives of what was once a
widespread flora during glacial periods
(Libby 1979, p. 15); historical
distribution of Santa Cruz cypress
beyond the five currently recognized
populations is unknown. In other
words, the current distribution is the
only known distribution, which has
remained the same throughout recorded
history.
We considered whether the threats
facing Santa Cruz cypress might be
different at any of the populations and
specifically between the Butano Ridge
population (Hesperocyparis abramsiana
var. butanoensis) and the other four
populations (H. a. var. abramsiana). The
Butano Ridge population is similar to
the other four populations in that it is
primarily threatened by changes in the
historical fire regime, as was identified
as a concern for all five populations at
the time of listing. Additionally, threats
from competition with nonnative
species and climate change exist for all
populations. Current threats known
only to impact the populations
comprised of H. a. var. abramsiana
include genetic introgression,
vandalism, and unauthorized
recreational use. Our evaluation of the
best available information indicates that
the overall level of threats is not
significantly different at any of these
populations (Service 2013, pp. 24–41),
with the primary current threat to all
populations being alteration of fire
regime. Additionally, there are no
threats specific to the Butano Ridge
population; the threats that are
impacting or have the potential to
impact the Butano Ridge population are
widespread across the species’ range
(Service 2013, pp. 39–40). It is our
conclusion, based on our evaluation of
the current potential threats to Santa
Cruz cypress at each of the populations
in San Mateo and Santa Cruz Counties
(see Summary of Factors Affecting the
Species section of this proposed rule
and the ‘‘Discussion of Threats to the
Species’’ section of the Species Report
(Service 2013, pp. 22–40)), that threats
are neither sufficiently concentrated nor
of sufficient magnitude to indicate that
the species is in danger of extinction at
any of the areas that support
populations.
Therefore, while no populations of
Santa Cruz cypress are at imminent risk
of extirpation, ongoing threats continue
to affect the likelihood of long-term
persistence of the populations and the
species such that the Santa Cruz cypress
meets the definition of a threatened
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species under the Act. Therefore, we
find that the petitioned action is
warranted, and we propose to reclassify
Santa Cruz cypress from endangered to
threatened status.
Effects of This Rule
If this proposed rule is made final, it
would revise 50 CFR 17.12(h) to
reclassify Santa Cruz cypress from
endangered to threatened on the List of
Endangered and Threatened Plants.
However, this reclassification does not
significantly change the protections
afforded this species under the Act.
Pursuant to section 7 of the Act, all
Federal agencies must ensure that any
actions they authorize, fund, or carry
out are not likely to jeopardize the
continued existence of Santa Cruz
cypress. Whenever a species is listed as
threatened, the Act allows promulgation
of special rules under section 4(d) that
modify the standard protections for
threatened species found under section
9 of the Act and Service regulations at
50 CFR 17.31 (for wildlife) and 17.71
(for plants), when it is deemed
necessary and advisable to provide for
the conservation of the species. There
are no 4(d) rules in place or proposed
for Santa Cruz cypress, because there is
currently no conservation need to do so
for this species.
Recovery actions directed at Santa
Cruz cypress will continue to be
implemented as outlined in the
Recovery Plan for this species (Service
1998, entire).
Required Determinations
Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the names of the sections
or paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
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National Environmental Policy Act
We determined we do not need to
prepare an Environmental Assessment
or an Environmental Impact Statement,
as defined under the authority of the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), in
connection with regulations adopted
pursuant to section 4(a) of the Act. We
published a notice outlining our reasons
for this determination in the Federal
Register on October 25, 1983 (48 FR
49244).
Supervisor, Ventura Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT section).
50 of the Code of Federal Regulations,
as set forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
Author
The primary author of this proposed
rule is the Pacific Southwest Regional
Office in Sacramento, California, in
coordination with the Ventura Fish and
Wildlife Office in Ventura, California
(see FOR FURTHER INFORMATION CONTACT).
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; 4201–4245, unless otherwise noted.
References Cited
A complete list of all references cited
in this proposed rule is available on the
Internet at https://www.regulations.gov
under Docket No. FWS–R8–ES–2013–
0092 or upon request from the Field
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
2. Amend § 17.12(h) as follows:
a. By removing the entry for
‘‘Cupressus abramsiana’’ under
CONIFERS, and
■ b. By adding an entry for
‘‘Hesperocyparis abramsiana’’ under
CONIFERS to read as follows:
Proposed Regulation Promulgation
§ 17.12
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
*
List of Subjects in 50 CFR Part 17
■
■
Endangered and threatened plants.
*
*
(h) * * *
*
Species
Status
When listed
Critical
habitat
Special
rules
*
.................................
*
*
....................
....................
*
....................
*
Cupressaceae ........
*
T
*
252
NA
*
*
Historic range
Family
*
.................................
*
.................................
*
Santa Cruz cypress
*
U.S.A. (CA) .............
Scientific name
Common name
*
CONIFERS
*
Hesperocyparis
abramsiana.
*
*
*
*
Dated: August 13, 2013.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2013–21313 Filed 8–30–13; 8:45 am]
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Agencies
[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Proposed Rules]
[Pages 54221-54231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21313]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2013-0092; 4500030113]
RIN 1018-AY77
Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition to Downlist Hesperocyparis abramsiana (=Cupressus
abramsiana), and Proposed Rule to Reclassify H. abramsiana as
Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule and 12-month petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 12-month
finding on a petition to reclassify Hesperocyparis abramsiana
(=Cupressus abramsiana) (Santa Cruz cypress) as threatened under the
Endangered Species Act of 1973, as amended (Act). After review of all
available scientific and commercial information, we find that
reclassifying Santa Cruz cypress as threatened is warranted, and
therefore, we propose to reclassify Santa Cruz cypress as threatened
under the Act. We also propose to correct the scientific name of Santa
Cruz cypress on the List of Endangered and Threatened Plants. We are
seeking information and comments from the public regarding this
proposed rule and 12-month finding.
DATES: We will accept comments received or postmarked on or before
November 4, 2013. We must receive requests for public hearings, in
writing, at the address shown in the FOR FURTHER INFORMATION CONTACT
section by October 18, 2013.
ADDRESSES: Comment submission: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://
[[Page 54222]]
www.regulations.gov. In the Search box, enter FWS-R8-ES-2013-0092,
which is the docket number for this rulemaking. Then, in the Search
panel on the left side of the screen, under the Document Type heading,
click on the Proposed Rules link to locate this document. You may
submit a comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R8-ES-2013-0092; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Information Requested section below for more information).
Document availability: A copy of the Species Report referenced
throughout this document can be viewed at https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=R005, at https://www.regulations.gov under Docket No. FWS-R8-ES-2013-0092, or at the
Ventura Fish and Wildlife Office's Web site at https://www.fws.gov/ventura/.
FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Deputy Field
Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and Wildlife
Office, 2493 Portola Road, Suite B, Ventura, CA 93003; telephone 805-
644-1766; facsimile 805-644-3958. If you use a telecommunications
device for the deaf (TDD), call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend any final action resulting from this proposal will be
based on the best scientific and commercial data available, and be as
accurate and as effective as possible. Therefore, we request comments
or information from other governmental agencies, tribes, the scientific
community, industry, or other interested parties concerning this
proposed rule. We particularly seek comments concerning:
(1) Reasons why we should or should not reclassify Santa Cruz
cypress under the Act (16 U.S.C. 1531 et seq.).
(2) New biological or other relevant data concerning any threat (or
lack thereof) to this species.
(3) New information concerning the population size or trends of
this species.
(4) New information on how Santa Cruz cypress responds to fire,
especially as it pertains to prescribed fire and alternatives to
prescribed fire (e.g., mechanical disturbance) that would support
increased recruitment for this species.
(5) New information on the current or planned activities within the
range of the species that may adversely affect or benefit the species.
(6) New information or data on the projected and reasonably likely
impacts to Santa Cruz cypress or its habitat associated with climate
change.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include. Please
note that submissions merely stating support for or opposition to the
action under consideration without providing supporting information,
although noted, will not be considered in making a determination, as
section 4(b)(1)(A) of the Act directs that determinations as to whether
any species is an endangered or threatened species must be made
``solely on the basis of the best scientific and commercial data
available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We request
that you send comments only by the methods described in the ADDRESSES
section. If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Ventura Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Public Hearings
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. We must receive your request within 45
days after the date of this Federal Register publication. Send your
request to the address shown in FOR FURTHER INFORMATION CONTACT. We
will schedule public hearings on this proposal, if any are requested,
and announce the dates, times, and places of those hearings, as well as
how to obtain reasonable accommodations, in the Federal Register and
local newspapers at least 15 days before the hearing.
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (50 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. A thorough review of information that we
relied on in preparing this proposed rule--including information on
taxonomy, life-history, ecology, population distribution and abundance,
and potential threats--is presented in the Santa Cruz Cypress Species
Report (Service 2013) available at www.regulations.gov (Docket Number
FWS-R8-ES-2013-0092). The purpose of peer review is to ensure that
decisions are based on scientifically sound data, assumptions, and
analyses. A peer review panel will conduct an assessment of the
proposed rule, and the specific assumptions and conclusions regarding
the proposed downlisting. This assessment will be completed during the
public comment period.
We will consider all comments and information we receive during the
comment period on this proposed rule as we prepare the final
determination. Accordingly, the final decision may differ from this
proposal.
Previous Federal Action
We proposed to list Santa Cruz cypress (as Cupressus abramsiana) as
an endangered species under the Act on September 12, 1985 (50 FR
37249), based on threats from residential development, agricultural
conversion, logging, oil and gas drilling, and the alteration of the
natural fire regime that maintains the stands. We published a final
rule listing Santa Cruz cypress as an endangered species (which
included an additional threat, genetic introgression, not listed in the
proposed rule) in the Federal Register on January 8, 1987 (52 FR 675).
We finalized a recovery plan for Santa Cruz cypress (Recovery Plan) in
September 1998 (Service 1998).
Under the Act, we maintain the Lists of Endangered and Threatened
Wildlife and Plants at 50 CFR 17.11 (for animals) and 17.12 (for
plants) (Lists). We amend the Lists by publishing final rules in the
Federal Register. Section 4(c)(2)(A) of the Act requires that we
conduct a review of listed species at least once every 5 years. Section
4(c)(2)(B) requires
[[Page 54223]]
that we determine: (1) Whether a species no longer meets the definition
of endangered or threatened and should be removed from the Lists
(delisted), (2) whether a species listed as endangered more properly
meets the definition of threatened and should be reclassified to
threatened (downlisted), or (3) whether a species listed as threatened
more properly meets the definition of endangered and should be
reclassified to endangered (uplisted). In accordance with 50 CFR
424.11(d), using the best scientific and commercial data available, we
will consider a species for delisting only if the data substantiate
that the species is neither endangered nor threatened for one or more
of the following reasons: (1) The species is considered extinct; (2)
the species is considered recovered; or (3) the original data available
when the species was listed, or the interpretation of such data, were
in error.
We published a notice announcing active review and requested public
comments concerning the status of Santa Cruz cypress under section
4(c)(2) of the Act on February 14, 2007 (72 FR 7064). We notified the
public of completion of the 5-year review on May 21, 2010 (75 FR
28636). The 5-year review, completed on August 17, 2009 (Service 2009),
resulted in a recommendation to change the status of the species from
endangered to threatened. A copy of the 2009 5-year review for Santa
Cruz cypress is available on the Service's Environmental Conservation
Online System (https://ecos.fws.gov/docs/five_year_review/doc2551.pdf).
On December 21, 2011, we received a petition dated December 19,
2011, from the Pacific Legal Foundation, requesting the Service to
delist the Inyo California towhee (Pipilo crissalis eremophilus), and
to reclassify from endangered to threatened the arroyo toad (Anaxyrus
californicus), Modoc sucker (Catostomus microps), Eriodictyon
altissimum (Indian Knob mountainbalm), Astragalus jaegerianus (Lane
Mountain milk-vetch), and Santa Cruz cypress. The petition was based on
the analysis and recommendations contained in the most recent 5-year
reviews for these taxa. On June 4, 2012 (77 FR 32922), we published in
the Federal Register a 90-day finding for the 2011 petition to
reclassify these six taxa. In our 90-day finding, we determined the
2011 petition provided substantial information indicating the
petitioned actions may be warranted, and we initiated status reviews
for each species. This proposed downlisting rule constitutes the 12-
month finding and our 5-year status review for Santa Cruz cypress; 12-
month findings for the other petitioned species will be addressed
separately and published in the Federal Register in the future.
Background
A scientific analysis was completed and presented in detail within
the Santa Cruz Cypress Species Report (Service 2013, entire), which is
available at https://www.regulations.gov at Docket Number FWS-R8-ES-
2013-0092. The Species Report was prepared by Service biologists to
provide thorough discussion of the species ecology, biological needs,
and analysis of the threats that may be impacting the species. The
Species Report includes discussion of the following: species
description, taxonomy, life history, habitat, distribution, abundance,
population descriptions, age and size class distribution, threats
analysis, progress towards recovery, and research needs. This detailed
information is summarized in the following paragraphs of this
Background section and the Summary of Factors Affecting the Species
section.
Santa Cruz cypress is a small-statured tree in the cypress family
(Cupressaceae), with mature trees averaging 20 to 33 feet (6 to 10
meters) in height (Bartel 2012, p. 138). Reproductive maturity is
reached at an average age of 11 years, although some individuals
produce cones earlier (Kuhlmann 1986, p. 8). The potential lifespan of
the Santa Cruz cypress is approximately 100 years or longer (Service
2013, p. 9).
The taxonomy of and relationships among members of the cypress
family (Cupressaceae) have undergone many revisions, as described in
greater detail in the Species Report (Service 2013, pp. 8-9). Most
recently, a new genus, Hesperocyparis Bartel and Price, was described
to recognize that the western hemisphere Cupressus taxa, including
Santa Cruz cypress, comprise a group quite separate from the eastern
hemisphere taxa (Adams et al. 2009, p. 180). This taxonomic revision,
published since listing, changed the name of the listed entity from
Cupressus abramsiana to Hesperocyparis abramsiana, but did not alter
the definition, distribution, or range of the species from what it was
at the time of listing. Based on this revision, we include in this
document a proposed correction to this taxon's scientific name, to list
it as Hesperocyparis abramsiana on the List of Endangered and
Threatened Plants at 50 CFR 17.12(h).
Recent taxonomic evaluations of Hesperocyparis abramsiana have
identified two varieties of the species: H. a. var. abramsiana and H.
a. var. butanoensis (San Mateo cypress) (Adams and Bartel 2009). The
listed entity includes all members of this species (i.e., both
varieties currently have the same protections under the Act), which are
represented by one population in San Mateo County, California (H. a.
var. butanoensis; known as the Butano Ridge population), and four
populations in Santa Cruz County, California (H. a. var. abramsiana;
known as the Eagle Rock, Bracken Brae, Bonny Doon, and Majors Creek
populations). These five populations comprise eight distinct stands
(trees with similar species composition, age, and condition considered
to be a homogeneous unit). Hesperocyparis abramsiana var. butanoensis
is distinguished from H. a. var. abramsiana by its longer seed cones
(Bartel 2012, p. 138). Both varieties are collectively referred to as
Santa Cruz cypress for the remainder of this document unless otherwise
noted.
At the time of listing, population estimates for Santa Cruz cypress
were based on field reconnaissance rather than systematic observations
of stand area and density. These estimates did not differ greatly from
the estimates used in the 1998 Recovery Plan (Service 1998), which used
numbers from a demographic report (Lyons 1988) of the species from
1988. In 2007, we funded a directed study of three populations (Butano
Ridge, Majors Creek, and Eagle Rock) to obtain more accurate estimates
on population numbers and area (McGraw 2007, entire), and we derived
updated estimates for the remaining two populations from McGraw (2007)
and Taylor (in litt. 2005).
McGraw (2007) and Taylor (in litt. 2005) represent the best
currently available scientific and commercial information regarding
number of individual trees, coverage area (acreage) for all
populations, reproduction, and recruitment. Survey data indicate the
estimated number of individual trees for all 5 populations ranges from
approximately 2,786 individuals in the Butano Ridge population to
approximately 10,000 to 20,000 individuals in the Bracken Brae
population (Table 2 in Service 2013, p. 13). The five populations range
in size from approximately 8 to 128 acres (ac) (3 to 52 hectares (ha))
(Table 2 in Service 2013, p. 13). McGraw's (2007, p. 20) study at the
Butano Ridge, Eagle Rock, and Majors Creek populations showed high
levels of new cone formation (also expected to be similar at the Bonny
Doon and Bracken Brae populations), which is an indicator of
[[Page 54224]]
reproductive vigor. Santa Cruz cypress, like most cypress species, are
obligate seeders; the trees do not resprout after a disturbance event
such as a fire, and are thus totally dependent on seed establishment
for post-disturbance regeneration (Bartel and Knudsen 1983, p. 3).
While seed production appears to be strong, recruitment--which depends
more on the availability of habitat--is more variable between stands
(Service 2013, p. 45).
For a detailed discussion of Santa Cruz cypress's description,
taxonomy, life history, habitat, soils, distribution, abundance, age
and size distribution, and role of fire in regeneration, please see the
Species Report available for review at https://www.regulations.gov under
Docket No. FWS-R8-ES-2013-0092.
Recovery and Recovery Plan Implementation
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. Under section 4(f)(1)(B)(ii),
recovery plans must, to the maximum extent practicable, include:
``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.'' However, 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. Section 4(b) of the Act requires that the
determination be made ``solely on the basis of the best scientific and
commercial data available.'' Therefore, recovery criteria should
indicate when a species is no longer an endangered species or
threatened species because of any of the five statutory factors.
Thus, while recovery plans provide important guidance to the
Service, States, and other partners on methods of minimizing threats to
listed species and measurable objectives against which to measure
progress towards recovery, they are not regulatory documents and cannot
substitute for the determinations and promulgation of regulations
required under section 4(a)(1) of the Act. A decision to revise the
status of or remove a species from the Federal List of Endangered and
Threatened Plants (50 CFR 17.12) is ultimately based on an analysis of
the best scientific and commercial data then available to determine
whether a species is no longer an endangered species or a threatened
species, regardless of whether that information differs from the
recovery plan.
In 1998, we finalized a recovery plan for Santa Cruz cypress
(Recovery Plan; Service 1998). The Recovery Plan states that Santa Cruz
cypress can be reclassified to threatened status when protection is
secured for all five populations and their habitat from the primary
threats of logging, agricultural conversion, and development (Service
1998, p. 30). This criterion was intended to address the point at which
imminent threats to the species had been ameliorated so that the
populations were no longer in immediate risk of extirpation. Because of
its limited range and distribution, we determined that essentially all
of the known habitat is necessary to conserve the species. At the time
the Recovery Plan was prepared, we estimated that areal extent totaled
356 ac (144 ha). After more accurate mapping (McGraw 2007, entire), we
now estimate that areal extent totals approximately 188 ac (76 ha)
(Service 2013, p. 43). Additionally, estimated abundance of individuals
in all populations has changed over time, from approximately 2,300
individuals at the time of listing in 1987, to a current range of
33,000 to 44,000 individuals (although the latter estimate is variable
due to mortality and regeneration following the 2008 Martin Fire that
burned 520 ac (210 ha) of land and a portion of the Bonny Doon
population) (see Table 1 and the Bonny Doon population discussion under
the ``Population Descriptions'' section of the Species Report (Service
2013, pp. 6, 15-17)). It is important to note that the updated
estimates for species abundance and areal extent do not illustrate
trends but rather improved information about the species over time.
As explained in more detail in the Species Report (Service 2013, p.
43), three of five populations occur primarily or entirely on lands
that are being managed for conservation purposes, including the Butano
Ridge population at Pescadero Creek County Park, the Bonny Doon
population at Bonny Doon Ecological Reserve managed by the California
Department of Fish and Wildlife (CDFW), and the Eagle Rock population
at Big Basin State Park managed the California Department of Parks and
Recreation (CDPR). A fourth population (Majors Creek) is primarily on
lands at Gray Whale Ranch State Park, with a small portion on privately
owned land. The fifth population (Bracken Brae) is entirely on private
lands owned by a conservation-oriented landowner. This land is also
designated by the County of Santa Cruz as environmentally sensitive
habitat, which places restrictions on most development. Because four of
the five populations, either wholly or primarily, occur on park or
reserve lands, most of the individuals in the Bonny Doon, Butano Ridge,
Majors Creek, and Eagle Rock populations are protected against the
threats identified as imminent (logging, agricultural conversion, and
development) at the time of listing and in the Recovery Plan. Because
the Bracken Brae population is being managed by a conservation-oriented
landowner and county restrictions are in place that would restrict most
development, development-related threats to this population appear
negligible compared to other active threats. Therefore, we conclude
that the downlisting criterion has been substantially met.
The Recovery Plan also states that Santa Cruz cypress can be
delisted when all five populations are assured of long-term
reproductive success, with insurance against failure provided by the
availability of banked seed (Service 1998, p. 45). This criterion was
intended to address the point at which long-term threats to the
species' persistence had been addressed and its persistence ensured. As
explained in more detail in the Species Report (Service 2013, pp. 18-
20), Santa Cruz cypress requires fire or other disturbance for
germination of seeds and recruitment of new individuals into the
populations. As detailed below in the Summary of Factors Affecting the
Species section and in the Species Report (Service 2013, pp. 23-25),
alteration of fire regime and lack of management are likely to
significantly impact the long-term persistence of the species.
Additionally, only seed for the Bonny Doon, Majors Creek, and Bracken
Brae populations is stored in a conservation bank; no seed has been
banked for the Eagle Rock or Butano Ridge populations. Therefore, based
on our analysis of the best available information, we conclude that the
delisting criterion for the species has not been met.
In addition to the significant protections now afforded to Santa
Cruz cypress as outlined above, various studies have occurred since
development of the Recovery Plan that aid in our understanding of the
status of Santa Cruz cypress. For example:
Recent surveys indicate that four of the five stands of
Santa Cruz cypress contain a larger number of individuals than was
estimated at the time of listing
[[Page 54225]]
and in the Recovery Plan (Service 2013, p. 43).
Although data indicate the majority of trees are
reproductive, many trees (as indicated by surveys conducted
specifically at Butano Ridge and Majors Creek populations) are even-
aged (occur in stands or populations with individuals all of
approximately the same age). Even-aged stands indicate that vigorous
recruitment (survival of seedlings to reproductive age and into the
adult population) is not evident (McGraw 2011, p. 26). In contrast,
vigorous recruitment would be indicated by stands or populations
including individuals of multiple sizes or age classes representing
various life stages of the species.
While seed production appears to be strong at each of the
sampled populations, recruitment, which depends more on extrinsic
factors such as the availability of appropriate habitat for seedling
survival, is more variable among stands even within a population.
These and other data that we have analyzed indicate that most
threats identified at listing and during the development of the
Recovery Plan are reduced in areas occupied by Santa Cruz cypress and
that the status of Santa Cruz cypress has improved, primarily due to
the habitat protection provided by CDFW, CDPR, the County of San Mateo,
and the County of Santa Cruz. However, threats associated with
alteration of fire regime and lack of habitat management continue to
impede the species' ability to recover.
Additional information on recovery and recovery plan implementation
are described in the ``Progress Toward Recovery'' section of the
Species Report (Service 2013, pp. 39-43).
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for listing species, reclassifying
species, or removing species from listed status. ``Species'' is defined
by the Act as including any species or subspecies of fish or wildlife
or plants, and any distinct population segment of any species of
vertebrate fish or wildlife which interbreeds when mature (16 U.S.C.
1532(16)). A species may be determined to be an endangered or
threatened species because of any one or a combination of the five
factors described in section 4(a)(1) of the Act: (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 human made
factors affecting its continued existence. A species may be
reclassified on the same basis.
Determining whether the status of a species has improved to the
point that it can be downlisted requires consideration of whether the
species is endangered or threatened because of the same five categories
of threats specified in section 4(a)(1) of the Act. For species that
are already listed as endangered or threatened, this 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 and the removal or reduction of the Act's protections.
A species is an ``endangered species'' for purposes of the Act if
it is in danger of extinction throughout all or a significant portion
of its range and is a ``threatened species'' if it is likely to become
an endangered species within the foreseeable future throughout all or a
significant portion of its range. The word ``range'' in the significant
portion of its range phrase refers to the range in which the species
currently exists. For the purposes of this analysis, we first evaluate
the status of the species throughout all its range, then consider
whether the species is in danger of extinction or likely to become so
in any significant portion of its range.
At the time of listing, the primary threats to Santa Cruz cypress
were residential development, agricultural conversion, logging, oil and
gas drilling, genetic introgression, and alteration of the natural
frequency of fires that threatened to destroy portions of each
population (52 FR 675; January 8, 1987). Other (secondary) threats in
1987 included vandalism, disease, and inadequate regulatory mechanisms
(52 FR 675). Of the primary threats in 1987, residential development,
agricultural conversion, and logging threatened individual Santa Cruz
cypress trees and stands with imminent destruction.
By the time the Recovery Plan was developed in 1998 (Service 1998,
p.1), threats to Santa Cruz cypress from residential development,
agricultural conversion, oil and gas drilling, and logging were still a
concern but had already substantially decreased. The other (secondary)
threats identified at the time of listing had not been ameliorated by
the time the Recovery Plan was developed, particularly alteration of
the natural fire frequency because fire exclusion activities still
occurred on nearby properties (Service 1998, pp. 20-25). Additionally,
the Recovery Plan included a discussion of threats to Santa Cruz
cypress posed by nonnative species, reproductive isolation, and
predation (Service 1998, pp. 22, 23). Subsequently, we conducted a 5-
year status review (which included an analysis of threats that affect
the species) in 2009 (Service 2009, pp. 7-11). By this point in time,
much of the existing habitat for Santa Cruz cypress had been acquired
by the State of California; thus, many impacts previously considered
significant to the species were of a lesser concern, with the exception
of residential development and agricultural conversion at portions of
populations that were not yet conserved. Our review concluded that the
impacts from alteration of the fire regime, disease or predation,
reproductive isolation, genetic introgression, and competition with
nonnative species remained at the same level as identified in the
Recovery Plan.
A thorough analysis and discussion of the current status review
initiated with our 2012 90-day finding (77 FR 32922) is detailed in the
Species Report (Service 2013, entire). In the Species Report, we
identified levels of threats using a scale of low, moderate, or high
(see Service 2013, Appendix 1, for a description of the methodology).
As used in this Species Report, a low-level threat has the potential to
occur at any time, but is unlikely to affect the species across its
entire range or preclude its persistence into the future; a moderate-
level threat is currently affecting the long-term persistence of a
particular population or across the species' range, but does not pose
an imminent threat to the persistence of the species; and a high-level
threat is a well-documented imminent threat to a large number of
individuals that has the potential to disrupt the long-term persistence
of the species in a particular population or across its entire range.
Current or potential future threats to Santa Cruz cypress include
alteration of the fire regime (Factors A and E; high-level threat),
competition with nonnative species (Factors A and E; moderate-level
threat), climate change (Factor A; moderate-level threat), genetic
introgression (Factor E; low-level threat), and vandalism and
unauthorized recreational activities (Factors A and E; low-level
threat). The existing regulatory mechanisms are inadequate to protect
the species from these threats (Factor D; low-level threat). Other
potential impacts evaluated and found to either be of no concern,
insignificant concern, or negligible at
[[Page 54226]]
this time include residential development, agricultural conversion,
logging, and oil and gas drilling (Factor A); overutilization (Factor
B); disease or predation (Factor C); and reproductive isolation (Factor
E). Please see Table 1, Table 4, and the ``Discussion of Threats to the
Species'' section of the Species Report for a thorough discussion of
all potential and current threats (Service 2013, pp. 3, 22-40).
We note, however, that, although the threats of residential
development and agricultural conversion to Santa Cruz cypress have been
ameliorated considerably compared to the time of listing (to the point
that we consider them insignificant at this time), they remain a
concern at two of the populations (i.e., the Bracken Brae and Bonny
Doon populations) to a lesser degree than previously identified in the
Recovery Plan. Specifically, while the land is not in permanent
conservation ownership, the likelihood of potential residential
development is reduced at the Bracken Brae population because the land
is owned by a conservation-oriented landowner (Service 2013, p. 45) and
county designation of these lands as a sensitive area places a
restriction on certain kinds of development. We do not expect this
county designation as a sensitive area to change in the future, even if
the species is reclassified to threatened or eventually delisted.
Additionally, agricultural conversion is currently reduced (to an
insignificant level) at the Bonny Doon population as a result of a
large proportion of the population (i.e., approximately 70 percent) now
occurring on lands designated as a reserve (Service 2013, pp. 15, 16,
45). The portion that is not part of the reserve (i.e., approximately
30 percent) is still subject to potential agricultural conversion,
although potential loss of even this area outside the reserve is
relatively unlikely due to the county's designation of these lands as a
sensitive area (thus a low magnitude threat overall for the population
and the species as a whole). The increased level of conservation
afforded to these two populations as compared to the time of listing
has been achieved primarily through the acquisition of lands for
conservation by CDPR and CDFW.
The following sections provide a summary of the current threats
impacting the Santa Cruz cypress. As identified above, these threats
include alteration of the fire regime (Factors A and E), competition
with nonnative species (Factors A and E), climate change (Factor A),
genetic introgression (Factor E), vandalism and unauthorized
recreational activities (Factors A and E), and the inadequacy of
existing regulatory mechanisms (Factor D).
Alteration of Fire Regime
The long-term persistence of Santa Cruz cypress populations can be
affected by the disruption of the natural fire frequency because Santa
Cruz cypress requires fire (or potentially mechanical disturbance in
lieu of, or in combination with, fire) to reproduce. Most Santa Cruz
cypress populations are located close to residential areas, where
natural fires are excluded from surrounding wildland areas by the
creation of fire breaks and fuels reduction projects. Both fire
exclusion and fire suppression lengthen the interval between fires,
thus altering the natural fire regime and increasing the risk of
extirpation from senescence (growth phase from full maturity to death).
Conversely, human ignitions contribute to fire intervals that are too
short, which in turn can inhibit Santa Cruz cypress from reaching its
reproductive potential if stands burn prior to trees reaching
reproductive age.
The altered fire regime presents a high-level threat to the long-
term persistence of all of the Santa Cruz cypress populations and their
habitat. Santa Cruz cypress depends on fire to maintain appropriate
habitat conditions and to release many of the seeds stored in cones in
the canopy. As adult trees senesce and die, seed production decreases,
such that there is insufficient seed available to regenerate the stand
(McGraw 2007, p. 24). In the absence of fire, recruitment still occurs,
but at a low level that is likely not sufficient for stand replacement
(McGraw 2011, p. 2). To germinate in large numbers, the species
requires open soil and canopy conditions created by fires intense
enough to kill the parent tree; in the absence of fire the species is
only able to germinate opportunistically in rock outcroppings or small
disturbance areas. Without appropriate disturbance from fire, the
stands could eventually senesce, resulting in minimal reproduction in
small rock outcrops that may be inadequate to maintain population
viability.
Within the range of the Santa Cruz cypress, fire has been
documented at the Bonny Doon and Eagle Rock populations, although even-
aged stands at the Butano Ridge, Bracken Brae, and Majors Creek
populations suggest that past fires have occurred. However, McGraw
(2011, p. 2) states that the current demographics and natural
recruitment rates observed in the Majors Creek, Eagle Rock, and Butano
Ridge populations appear to be insufficient to maintain the populations
in the absence of fire. Additionally, active management to address this
concern is not occurring at this time. See additional discussion in the
``Alteration of Fire Regime'' section of the Species Report (Service
2013, pp. 23-25).
Competition With Nonnative Species
The presence of nonnative, invasive species impacts the long-term
persistence of Santa Cruz cypress and its habitat both currently and in
the future through competition and habitat modification. Many nonnative
species have been introduced into Santa Cruz cypress habitat through a
variety of past impacts (e.g., development, infrastructure).
Significant impacts result from Acacia dealbata (silver wattle) and
Genista monspessulana (French broom). Silver wattle is significantly
impacting the Majors Creek population and its habitat by creating dense
canopies, which can inhibit seedlings by blocking sunlight needed for
cypress growth (McGraw 2007, p. 23). French broom is one of the most
prevalent invasive species in Santa Cruz County, located at elevations
where all but a portion of one Santa Cruz cypress population occurs
(Moore 2002, p. 6). French broom is significantly impacting the Bonny
Doon population and its habitat by inhibiting Santa Cruz cypress
seedling establishment through competition for open, recently disturbed
soils that have access to abundant sunlight. Additionally, European
annual grasses (present at all populations) are known to impact Santa
Cruz cypress by precluding the establishment of seedlings, but these
grasses do not impact Santa Cruz cypress as significantly as silver
wattle or French broom, which are currently impacting two populations
(i.e., Majors Creek and Bonny Doon) and likely to impact, at minimum,
two additional populations (i.e., Eagle Rock and Bracken Brae) due to
the cypress's proximity to residential areas where ground disturbance
activities promote nonnative plant invasions. We consider competition
with nonnative species to be a moderate-level threat to the Santa Cruz
cypress. See additional discussion in the ``Competition With Nonnative
Plant Species'' section of the Species Report (Service 2013, pp. 31-
33).
Climate Change
The term ``climate change'' refers to a change in the mean or
variability of one or more measures of climate (e.g., temperature or
precipitation) that persists for an extended period, usually decades or
longer, whether the change is due to natural variability, human
activity, or both (IPCC 2007, p. 78).
[[Page 54227]]
Various types of changes in climate can have direct or indirect effects
on species, including Santa Cruz cypress. Scientific measurements
spanning several decades demonstrate that changes in climate are
occurring, and the rate of change has increased since the 1950s (e.g.,
IPCC 2007, p. 30; Solomon et al. 2007, pp. 35-54, 82-85). Within
central-western California (i.e., California coastal counties from San
Francisco south to Santa Barbara, including the range of the Santa Cruz
cypress), predictions indicate warmer winter temperatures, earlier
warming in the spring, and increased summer temperatures (PRBO
Conservation Science 2011, p. 35), all of which will likely result in
shifts in vegetation types. This can, for example, result in increased
competition between species like Santa Cruz cypress and other native
and nonnative species (Loarie et al. 2008), or result in habitat
changes resulting from altered fire frequency and water availability
(Service 2013, p. 28-29). We consider climate change to be a moderate-
level threat to the Santa Cruz cypress. See additional discussion in
the ``Climate Change'' section of the Species Report (Service 2013, pp.
26-29).
Genetic Introgression
If individuals of different cypress species are planted in close
proximity, they can exchange pollen and may produce fertile hybrid
offspring, as has been documented in a number of plant species (Rhymer
and Simberloff 1996, pp. 98-99). By this means, genes from one species
can infiltrate into another, which is a process called genetic
introgression. Santa Cruz cypress may be affected by introgression from
residential plantings of Hesperocyparis macrocarpa (Monterey cypress)
near the Bonny Doon population (Haley 1993, pers. obs.), plantings of
Cupressus glabra (Arizona cypress) near the Eagle Rock population, and
potentially plantings near other populations due to their close
proximity to residential areas where plantings of other cypress species
could occur. Because considerable genetic variation exists among Santa
Cruz cypress populations (Miller and Westfall 1992, p. 350), it is
probable that, in the absence of geographical barriers, hybridization
may occur among the different populations of Santa Cruz cypress as well
as between Santa Cruz cypress and the neighboring species. We consider
genetic introgression to be a low-level threat to the Santa Cruz
cypress. See additional discussion in the ``Genetic Introgression''
section of the Species Report (Service 2013, pp. 30-31).
Vandalism and Unauthorized Recreational Activities
Vandalism and unauthorized recreational activities have been
documented to impact multiple Santa Cruz cypress populations and their
habitat. These activities result in construction of unauthorized trails
(such as those within the Majors Creek population at Wilder Creek State
Park) (CDPR 2000; Barry 2012, pers. obs.), which in turn result in
erosion (McGraw 2007, p. 22) and potentially prevention of seedling
establishment. Additionally, trails wear away substrate from the base
of mature cypress trees. Although vandalism and unauthorized
recreational activities are not considered to significantly impact the
populations at this time (considered a low-level threat), they remain a
concern due to the likelihood of increased inhabitants in the urban-
wildland interface where Santa Cruz cypress occurs. See additional
discussion in the ``Vandalism and Unauthorized Recreational
Activities'' section of the Species Report (Service 2013, p. 33).
Existing Regulatory Mechanisms
Reclassifying Santa Cruz cypress from endangered to threatened
would not significantly change the protections afforded to this species
under the Act. Santa Cruz cypress conservation has been addressed in
some local, State, and Federal plans, laws, regulations, and policies.
Now that most of the trees reside in fully protected areas on State or
County park lands, the inadequacy of existing regulatory mechanisms is
considered a low-level threat to Santa Cruz cypress. However, the main
concern currently and into the future is the lack of ongoing management
to prevent senescence and ensure population persistence. While we
recognize the benefits of management flexibility, we also recognize
that such flexibility with regard to implementation of land use plans
can result in land use decisions that negatively affect Santa Cruz
cypress or its habitat. See additional discussion in the ``Legal
Protection'' section of the Species Report (Service 2013, pp. 34-37).
Combination of Threats
The threat to the long-term persistence of Santa Cruz cypress is
compounded by multiple interacting factors, specifically: (1) The
alteration of fire regimes and lack of species management; and (2)
human activities, nonnative species, and fire. With the prevalence of
fire exclusion and suppression near residential communities within the
range of the species, the opportunity for Santa Cruz cypress to
regenerate in large pulses following fire is reduced. This fire
suppression coupled with the lack of species-specific management is
resulting in minimal regeneration for the species as a whole, which
could be exacerbated if this continues into the future. The ability of
land managers to adequately maintain cypress populations on public
lands is subject to constraints and physical barriers. Additionally,
human intrusion into previously undisturbed areas contributes to
colonization of nonnative plant species in the remote areas of Santa
Cruz cypress forests (see the ``Competition with Nonnative Plant
Species'' section of the Species Report (Service 2013, pp. 31-33)).
This activity exacerbates the likelihood for the creation of open
conditions (e.g., bike trails, road cuts, firebreaks), allowing
nonnative plants to proliferate and compete with the cypress for soil,
nutrients, and light. If a wildfire is then introduced into these new
(open) conditions, nonnative species that compete with Santa Cruz
cypress could then easily spread. The presence or increase in nonnative
species can inhibit cypress seedlings by blocking the sunlight they
need to grow (McGraw 2007, p. 23). See ``Compounding Threats'' section
of the Species Report (Service 2013, pp. 37-38).
Overall Summary of Factors Affecting Santa Cruz Cypress
Impacts to the long-term persistence of Santa Cruz cypress
populations from alteration of the fire regime (Factors A and E)
remains a significant concern currently and in the future (i.e., at
least approximately 100 years, based on the potential lifespan of
individual Santa Cruz cypress trees per Lyons (1988) estimate). Because
the germination and establishment of new seedlings depends on either
fire or a managed substitute (e.g., controlled burns or mechanical
disturbance), appropriate fire or disturbance regimes are needed to
manage the demographic profile of the five populations. Lack of fire or
other disturbance to promote germination and seedling establishment
poses a senescence risk to the stands and populations of Santa Cruz
cypress (Service 2013, p. 30). Without recruitment of new individuals,
trees in the current even-aged stands may become senescent (or no
longer reproductive) and no longer produce cones and seeds necessary
for long-term reproductive success and persistence of the populations
(which has been observed in Santa Cruz cypress
[[Page 54228]]
populations by McGraw (2007, pp. 20-21)). While most of the populations
have been protected through acquisition of lands for conservation, no
active management is currently occurring to manage the demographic
profile of the populations. Research on suitable management methods has
only begun recently at Bonny Doon Ecological Reserve (McGraw 2011);
future management of this population is expected to provide additional
understanding of conditions that would promote regeneration, thus
providing beneficial management recommendations that could be applied
to all populations.
Although the fire regime is identified as a significant impact to
Santa Cruz cypress at this time, the level of impact does not currently
place the species in danger of extinction because of the expected
continued presence of the populations into the future, the recruitment
(albeit minimal overall) that has been observed to date, and probable
additional recruitment that can be expected once effective management
(potentially canopy thinning combined with vegetation clearance) is
implemented (see ``Research Needs'' section of the Species Report
(Service 2013, p. 46)).
In addition to altered fire regime, other impacts to Santa Cruz
cypress and its habitat are currently occurring or potentially
occurring in the future, but to a lesser degree than the overall impact
from an altered fire regime. These include competition with nonnative,
invasive species (Factors A and E); climate change (Factor A); genetic
introgression (Factor E); and vandalism or unauthorized recreational
activities (Factors A and E). Nonnative plants are competing with Santa
Cruz cypress by invading open areas where cypress seedlings could
become established, thus competing for soil, nutrients, and light
(Service 2013, pp. 31-33). Climate change may cause vegetation shifts
and promote more and larger wildfires (Service 2013, pp. 26-29).
Genetic introgression of Santa Cruz cypress with at least two different
cypress species could result in hybridization and result in the loss of
Santa Cruz cypress's competitive advantage in its preferred habitat
(Service 2013, pp. 31-31). Vandalism and unauthorized recreational
activities may inhibit seedling establishment and increase erosion
(Service 2013 p. 33). Additionally, although substantial mechanisms are
currently in place to protect Santa Cruz cypress and its habitat, the
existing regulatory mechanisms are inadequate to fully protect the
species from these threats (Factor D). Based on our current analysis
and the current level of management being implemented, the remaining
impacts are expected to influence Santa Cruz cypress's habitat
suitability and its ability to reproduce and survive in the future.
In summary, impacts from development, agricultural conversion,
logging, and oil and gas development, which were considered imminent at
the time of listing, have been substantially reduced or ameliorated.
Other impacts identified at or since listing (i.e., alteration of fire
regime; competition with nonnative, invasive species; climate change;
genetic introgression; and vandalism (including unauthorized
recreational activities)) continue to impact Santa Cruz cypress or are
expected to impact the species in the future. Although individually
these impacts (with the exception of altered fire regime) are of low or
moderate concern to the species, their cumulative impact can promote
and accelerate unnatural conditions (Service 2013, pp. 37-38). For
example, human intrusion into previously undisturbed areas contributes
to colonization of nonnative plant species in the remote areas of Santa
Cruz cypress forests, which in turn may result in increased wildfires
and potentially increased community concern for wildfire suppression
activities. These types of interactions could become a greater concern
to Santa Cruz cypress in the future if restricted management leads to
increased human activity in cypress forests.
The high-level impact to Santa Cruz cypress and its habitat that is
of greatest concern at this time is an altered fire regime. The long-
term persistence of Santa Cruz cypress posed by this high-level impact
is exacerbated by the lack of species management, resulting in
continued affects to the age structure and demographic profile of the
species. Although operating on the species currently, the impacts from
an altered fire regime, either alone or in combination with the other
impacts identified above, do not place the species at immediate risk of
extinction. Reproduction and recruitment is evident (although not at a
level sufficient for long-term persistence) based on recent data in at
least four populations (i.e., the portion of the Bonny Doon population
that burned in the 2008 Martin Fire, and at the Eagle Rock, Butano
Ridge, and Majors Creek populations) (Service 2013, p. 46);
insufficient recruitment is also likely the case at the Bracken Brae
population and the portion of the Bonny Doon population that did not
burn in the 2008 Martin fire, although these data are unavailable.
However, if fire or other disturbance in the future does not occur to
promote germination and seedling establishment (whether through a
natural fire event or active management), population effects that may
result from senescence are likely to place the species in danger of
extinction.
Distinguishing Threats for Both Cypress Varieties
As described above in the Background section, recent taxonomic
evaluations of Hesperocyparis abramsiana identified two varieties: H.
a. var. butanoensis (Butano Ridge population) and H. a. var. abramsiana
(Eagle Rock, Bracken Brae, Bonny Doon, and Majors Creek populations)
(Adams and Bartel 2009). Therefore, the threats analysis provided in
the Species Report (Service 2013, entire) and summarized in this
document includes a separate evaluation for each of the five
populations, in part to distinguish the level of impact the current
threats have on the two separate varieties. The information summarized
below is evaluated and described in detail in the ``Discussion of
Threats to the Two Separate Varieties'' section of the Species Report
(Service 2013, pp. 38-40).
The Butano Ridge population (Hesperocyparis abramsiana var.
butanoensis) is primarily threatened by changes in the historical fire
regime (Factors A and E). The population is located away from developed
areas, but because it is near a lumber operation, there likely are fire
exclusion and suppression activities in the vicinity that alter the
fire regime. Other impacts identified at the time of listing are no
longer impacting this population or are no longer considered
significant (e.g., logging, oil and gas drilling), in large part due to
this population now being fully protected and managed within the
boundaries of Pescadero Creek County Park. Although this variety is not
considered a separate species, its status as a separate variety
indicates its divergence from other populations of the species. Further
divergence, and potentially the process of speciation, may continue
through sustained reproductive isolation from other Santa Cruz cypress
populations. Additionally, this is the only location for this variety,
and it is composed of a single stand, thus making it vulnerable to an
impact such as disease if exposed. However, at this time it is highly
unlikely that potential impacts such as development, disease,
predation, and others (as described in the Species Report (Service
2013, pp. 23-40)) would occur at the
[[Page 54229]]
Butano Ridge population. An altered fire regime is the main concern
present at this population, with potential concerns currently or in the
future related to competition with nonnative species (Factors A and E)
and climate change (Factor A).
Similar to the Butano Ridge population described above, the primary
impact to the Eagle Rock, Bracken Brae, Bonny Doon, and Majors Creek
populations (Hesperocyparis abramsiana var. abramsiana) is the
alteration of the fire regime (Factors A and E), which was identified
at the time of listing. This impact remains present at all populations
of the Santa Cruz cypress, although management actions at the Bonny
Doon Ecological Reserve have included some mechanical vegetation
removal in an attempt to reduce this impact (Service 2013, pp. 39-40).
Impacts from competition with nonnative species (Factors A and E) and
climate change (Factor A) also threaten the long-term persistence of
both varieties of Santa Cruz cypress (in addition to vandalism and
unauthorized recreational activities (Factors A and E), and genetic
introgression (Factor E) potentially impacting the H. a. var.
abramsiana populations), and there are no management actions proposed
to address these concerns. The existing regulatory mechanisms are
inadequate to fully protect the species from these impacts (Factor D).
Please see the ``Current Threats'' and ``Discussion of Threats to the
Two Separate Varieties'' sections of the Species Report for additional
discussion related to current or potential threats to these Santa Cruz
cypress populations (Service 2013, pp. 23-40).
Finding
An assessment of the need for a species' protection under the Act
is based on whether a species is in danger of extinction or likely to
become so because of any of five factors: (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. As required by section 4(a)(1) of
the Act, we conducted a review of the status of this plant and assessed
the five factors to evaluate whether Santa Cruz cypress is endangered
or threatened throughout all of its range. We examined the best
scientific and commercial information available regarding the past,
present, and future threats faced by the species. We reviewed
information presented in the 2011 petition, information available in
our files and gathered through our 90-day finding in response to this
petition, and other available published and unpublished information. We
also consulted with species experts and land management staff with
CDFW, CDPR, the County of San Mateo, and the County of Santa Cruz, who
are actively managing for the conservation of Santa Cruz cypress. For
the purposes of this discussion, we define foreseeable future as at
least approximately 100 years based on the potential lifespan of
individual Santa Cruz cypress trees per Lyons' (1988) estimate (see the
``Life History'' discussion in the Species Report (Service 2013, pp. 8-
9) for additional discussion).
In considering what factors might constitute threats, we must look
beyond the mere exposure of the species to the factor to determine
whether the exposure causes actual impacts to the species. If there is
exposure to a factor, but no response, or only a positive response,
that factor is not a threat. If there is exposure and the species
responds negatively, the factor may be a threat and we then attempt to
determine how significant the threat is. If the threat is significant,
it may drive, or contribute to, the risk of extinction of the species
such that the species warrants listing as endangered or threatened as
those terms are defined by the Act. This does not necessarily require
empirical proof of a threat. The combination of exposure and some
corroborating evidence of how the species is likely impacted could
suffice. The mere identification of factors that could impact a species
negatively is not sufficient to compel a finding that listing is
appropriate; we require evidence that these factors are operative
threats that act on the species to the point that the species meets the
definition of endangered or threatened under the Act.
As a result of recent information, we know that there are a
significantly larger number of Santa Cruz cypress individuals than were
known at the time of listing (Service 2013, p. 45) and that there is
significant conservation of lands that support the populations.
Significant impacts at the time of listing that could have resulted in
the extirpation of all or parts of populations have been eliminated or
reduced since listing. We conclude that the previously recognized
impacts to Santa Cruz cypress from present or threatened destruction,
modification, or curtailment of its habitat or range (specifically,
residential development, agricultural conversion, logging, and oil and
gas drilling) (Factor A); overutilization for commercial, recreational,
scientific, or educations purposes (Factor B); disease or predation
(Factor C); and other natural or human made factors affecting its
continued existence (specifically, reproductive isolation) (Factor E)
do not rise to a level of significance, either individually or in
combination, such that the species is in danger of extinction now or in
the foreseeable future.
However, alteration of the fire regime (Factors A and E) has the
potential to disrupt the long-term persistence of the species across
its entire range (resulting in the species potentially facing a
senescence risk in the future) if fire continues to be excluded or
suppressed near these populations. Current recruitment in at least four
populations (the portion of Bonny Doon population that burned in the
2008 Martin Fire, and the Eagle Rock, Butano Ridge, and Majors Creek
populations) is evident; however, the current level of recruitment is
not sufficient to maintain the populations in the absence of fire
(Service 2013, p. 26). This is likely also the case with the Bracken
Brae population and the portion of the Bonny Doon population that did
not burn.
Santa Cruz cypress will continue to be impacted by competition with
nonnative, invasive species (Factors A and E); genetic introgression
(Factor E); vandalism and unauthorized recreational activities (Factors
A and E); and potentially climate change (Factor A). Additionally, the
existing regulatory mechanisms are inadequate to fully protect the
species from these threats (Factor D). However, the severity and
magnitude of threats, both individually and in combination, and the
likelihood that any one event would affect all populations is
significantly reduced as a result of the removal of multiple threats,
the reduced impact of most remaining threats, and the extensive amount
of conservation occurring throughout the range of the species
(including, but not limited to, extensive preservation of occupied
lands in perpetuity and development of management plans to enhance
habitat).
In conclusion, we have carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species. After review of the information
pertaining to the five statutory factors, we find that the ongoing
threats are not of sufficient imminence, intensity, or magnitude to
indicate that Santa Cruz cypress is presently in danger of extinction
throughout all its range. Although
[[Page 54230]]
threats to Santa Cruz cypress still exist and will continue into the
foreseeable future, CDFW, CDPR, the County of San Mateo, and the County
of Santa Cruz are implementing conservation measures or regulatory
actions to reduce the level of impact on Santa Cruz cypress. We
therefore find that Santa Cruz cypress now meets the definition of a
threatened species (i.e., is likely to become in danger of extinction
in the foreseeable future throughout all of its range).
Significant Portion of the Range
Having examined the status of Santa Cruz cypress throughout all its
range, we next examine whether the species is in danger of extinction
in a significant portion of its range. The range of a species can
theoretically be divided into portions in an infinite number of ways.
However, there is no purpose in analyzing portions of the range that
have no reasonable potential to be significant or in analyzing portions
of the range in which there is no reasonable potential for the species
to be endangered or threatened. To identify only those portions that
warrant further consideration, we determine whether there is
substantial information indicating that: (1) The portions may be
``significant'' and (2) the species may be in danger of extinction
there or likely to become so within the foreseeable future. Depending
on the biology of the species, its range, and the threats it faces, it
might be more efficient for us to address the significance question
first or the status question first. Thus, if we determine that a
portion of the range is not ``significant,'' we do not need to
determine whether the species is endangered or threatened there; if we
determine that the species is not endangered or threatened in a portion
of its range, we do not need to determine if that portion is
``significant.'' In practice, a key part of the determination that a
species is in danger of extinction in a significant portion of its
range is whether the threats are geographically concentrated in some
way. If the threats to the species are essentially uniform throughout
its range, no portion is likely to warrant further consideration.
Moreover, if any concentration of threats to the species occurs only in
portions of the species' range that clearly would not meet the
biologically based definition of ``significant,'' such portions will
not warrant further consideration.
We consider the ``range'' of Santa Cruz cypress to include five
populations (Butano Ridge, Bracken Brae, Eagle Rock, Bonny Doon, and
Majors Creek) that span a distance of 15 miles (24 kilometers) from
north to south within the Santa Cruz Mountains in San Mateo and Santa
Cruz Counties, California. These five populations are all believed to
be relictual islands containing representatives of what was once a
widespread flora during glacial periods (Libby 1979, p. 15); historical
distribution of Santa Cruz cypress beyond the five currently recognized
populations is unknown. In other words, the current distribution is the
only known distribution, which has remained the same throughout
recorded history.
We considered whether the threats facing Santa Cruz cypress might
be different at any of the populations and specifically between the
Butano Ridge population (Hesperocyparis abramsiana var. butanoensis)
and the other four populations (H. a. var. abramsiana). The Butano
Ridge population is similar to the other four populations in that it is
primarily threatened by changes in the historical fire regime, as was
identified as a concern for all five populations at the time of
listing. Additionally, threats from competition with nonnative species
and climate change exist for all populations. Current threats known
only to impact the populations comprised of H. a. var. abramsiana
include genetic introgression, vandalism, and unauthorized recreational
use. Our evaluation of the best available information indicates that
the overall level of threats is not significantly different at any of
these populations (Service 2013, pp. 24-41), with the primary current
threat to all populations being alteration of fire regime.
Additionally, there are no threats specific to the Butano Ridge
population; the threats that are impacting or have the potential to
impact the Butano Ridge population are widespread across the species'
range (Service 2013, pp. 39-40). It is our conclusion, based on our
evaluation of the current potential threats to Santa Cruz cypress at
each of the populations in San Mateo and Santa Cruz Counties (see
Summary of Factors Affecting the Species section of this proposed rule
and the ``Discussion of Threats to the Species'' section of the Species
Report (Service 2013, pp. 22-40)), that threats are neither
sufficiently concentrated nor of sufficient magnitude to indicate that
the species is in danger of extinction at any of the areas that support
populations.
Therefore, while no populations of Santa Cruz cypress are at
imminent risk of extirpation, ongoing threats continue to affect the
likelihood of long-term persistence of the populations and the species
such that the Santa Cruz cypress meets the definition of a threatened
species under the Act. Therefore, we find that the petitioned action is
warranted, and we propose to reclassify Santa Cruz cypress from
endangered to threatened status.
Effects of This Rule
If this proposed rule is made final, it would revise 50 CFR
17.12(h) to reclassify Santa Cruz cypress from endangered to threatened
on the List of Endangered and Threatened Plants. However, this
reclassification does not significantly change the protections afforded
this species under the Act. Pursuant to section 7 of the Act, all
Federal agencies must ensure that any actions they authorize, fund, or
carry out are not likely to jeopardize the continued existence of Santa
Cruz cypress. Whenever a species is listed as threatened, the Act
allows promulgation of special rules under section 4(d) that modify the
standard protections for threatened species found under section 9 of
the Act and Service regulations at 50 CFR 17.31 (for wildlife) and
17.71 (for plants), when it is deemed necessary and advisable to
provide for the conservation of the species. There are no 4(d) rules in
place or proposed for Santa Cruz cypress, because there is currently no
conservation need to do so for this species.
Recovery actions directed at Santa Cruz cypress will continue to be
implemented as outlined in the Recovery Plan for this species (Service
1998, entire).
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the names of the sections or
paragraphs that are unclearly written, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
[[Page 54231]]
National Environmental Policy Act
We determined we do not need to prepare an Environmental Assessment
or an Environmental Impact Statement, as defined under the authority of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
in connection with regulations adopted pursuant to section 4(a) of the
Act. We published a notice outlining our reasons for this determination
in the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited in this proposed rule is
available on the Internet at https://www.regulations.gov under Docket
No. FWS-R8-ES-2013-0092 or upon request from the Field Supervisor,
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT
section).
Author
The primary author of this proposed rule is the Pacific Southwest
Regional Office in Sacramento, California, in coordination with the
Ventura Fish and Wildlife Office in Ventura, California (see FOR
FURTHER INFORMATION CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.12(h) as follows:
0
a. By removing the entry for ``Cupressus abramsiana'' under CONIFERS,
and
0
b. By adding an entry for ``Hesperocyparis abramsiana'' under CONIFERS
to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Conifers .................... ................... ................... .............. ........... ........... ...........
* * * * * * *
Hesperocyparis abramsiana........ Santa Cruz cypress.. U.S.A. (CA)........ Cupressaceae....... T 252 NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: August 13, 2013.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2013-21313 Filed 8-30-13; 8:45 am]
BILLING CODE 4310-55-P