Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To Reclassify Astragalus Jaegerianus, 25084-25092 [2014-10052]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Proposed Rules]
[Pages 25084-25092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10052]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2014-0011; 4500030113]


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To Reclassify Astragalus Jaegerianus as a Threatened 
Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on a petition to reclassify Astragalus jaegerianus 
(Lane Mountain milk-vetch) as a threatened species under the Endangered 
Species Act of 1973, as amended (Act). After review of the best 
available scientific and commercial information, we find that 
reclassification of Astragalus jaegerianus is not warranted at this 
time. However, we ask the public to submit to us any new information 
that becomes available concerning the threats to the species or its 
habitat at any time.

DATES: The finding announced in this document was made on May 2, 2014.

ADDRESSES: This finding is available on the Internet at https://www.regulations.gov at Docket Number FWS-R8-ES-2014-0011. Supporting 
documentation we used in preparing this finding is included in the 
docket at https://www.regulations.gov and available for public 
inspection, by appointment, during normal business hours at the U.S. 
Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 
Portola Road Suite B, Ventura, CA 93003. Please submit any new 
information, materials, comments, or questions concerning this finding 
to the above street address.

FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Acting Field 
Supervisor, 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), please call 
the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. On June 4, 2012, we published in the 
Federal Register a 90-day finding, which determined that the petition 
to reclassify Lane Mountain milk-vetch from endangered to threatened 
contained substantial scientific or commercial information and that the 
petitioned action may be warranted. Section 4(b)(3)(B) of the Act (16 
U.S.C. 1531 et seq.) requires that, for any petition to revise the 
Federal Lists of Endangered and Threatened Wildlife and Plants, we make 
a finding within 12 months of the date of receipt of the petition. We 
must publish these 12-month findings in the Federal Register.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered species or threatened species based on whether 
we find that it is in danger of extinction throughout all or a 
significant portion of its range now (endangered) or likely to become 
endangered in the foreseeable future (threatened). As part of our 
analysis, we consider whether it is endangered or threatened because of 
the factors outlined in section 4(a)(1) of the Act. We consider the 
same factors in delisting or downlisting a species.
    Finding. This document constitutes our 12-month finding that the 
petitioned action to reclassify Lane Mountain milk-vetch from 
endangered to threatened is not warranted based on the review of the 
best available scientific and commercial information. It further 
constitutes our review pursuant to section 4(c)(2) of the Act.

Previous Federal Actions

    Lane Mountain milk-vetch was listed as endangered in 1998, and a 
critical habitat rulemaking was completed in 2005 (63 FR 53596; October 
6, 1998 and 70 FR 18220; April 8, 2005). In 2011, we revised the 
critical habitat rulemaking by designating approximately 14,069 acres 
(ac) (5,693 hectares (ha)) of land in 2 units located in the Mojave 
Desert in San Bernardino County, California (76 FR 29108; May 19, 
2011). No recovery plan has been completed for Lane Mountain milk-
vetch. A notice initiating a 5-year review was published for the 
species in 2006 (71 FR 14538; March 22, 2006), and a 5-year review was 
completed in 2008 (Service 2008, pp. 1-20; 74 FR 12878; March 25, 
2009).
    On December 21, 2011, we received a petition dated December 19, 
2011, from the Pacific Legal Foundation (PLF), requesting that we 
reclassify the Lane Mountain milk-vetch from endangered to threatened 
under the Act based on the analysis and recommendations contained in 
the 5-year review for Lane Mountain milk-vetch (Service 2008, pp. 1-20; 
PLF 2011, pp. 1-11). On June 4, 2012, we published in the Federal 
Register a 90-day finding on the petition to reclassify Lane Mountain 
milk-vetch as threatened or endangered, and determined that the 
petition presented substantial scientific or commercial information 
indicating that the petitioned action may be warranted and initiated a 
status review of the species under sections 4(b)(3)(A) and 4(c)(2)(A) 
of the Act (77 FR 32922). On April 24, 2013, the Pacific Legal 
Foundation filed a complaint for failure to complete a 12-month finding 
with the District Court of the Eastern District of California 
(California Cattlemen's Association, et al. v. Sally Jewell, et al., 
No. 2:13-cv-00800-GEB-AC (E.D. Cal.)). This challenge was resolved by 
an August 7, 2013, Stipulated Settlement Agreement, in which the 
Service agreed to submit a 12-month finding on Lane Mountain milk-vetch 
to the Federal Register on or before February 28, 2014. On November 27, 
2013, the Court granted an extension to April 30, 2014, due to the 
Federal Government shutdown and furlough in October of 2013, and to 
allow full incorporation of new survey information. This document 
constitutes our 12-month finding on the petition to reclassify the Lane 
Mountain milk-vetch and our review pursuant to section 4(c)(2) of the 
Act.

Background

    This finding is based on the Species Report for Lane Mountain milk-
vetch (Species Report) (Service 2014, entire), a scientific analysis of 
available information prepared by a team of Service biologists from the 
Service's Ventura Fish and Wildlife Office, the Pacific Southwest 
Regional Office (Region 8), and the National Headquarters Office 
(Arlington, VA). The purpose of the Species Report is to provide the 
best available scientific and commercial information about the species 
so that we can evaluate whether or not the species warrants protection 
under the Act and if so at what level of protection.
    In the Species Report, we compiled the best scientific and 
commercial data available concerning the status of Lane Mountain milk-
vetch, including the past, present, and future threats to this species. 
The Species Report evaluates the biological status of the species and 
the threats affecting its continued existence. As such, the Species 
Report provides the scientific basis that informs

[[Page 25085]]

our regulatory decision in this document, which involves the further 
application of standards within the Act (16 U.S.C. 1533) and its 
implementing regulations (50 CFR part 424) and policies. The Species 
Report (including a references cited list) and other materials relating 
to this finding can be found on the Ventura Fish and Wildlife Office 
Web site at: https://www.fws.gov/ventura and at https://www.regulations.gov at Docket No. FWS-R8-ES-2014-0011.
    The reader is directed to the Species Report for Lane Mountain 
milk-vetch for a more detailed discussion of the biology, taxonomy, 
life history, distribution, current conditions, and factors affecting 
Lane Mountain milk-vetch (Service 2014, entire). A summary of the 
information included in the Species Report is provided below. The 
information below references the original sources of information cited 
in the Species Report (Service 2014, entire).

Species Biology

    Lane Mountain milk-vetch is a herbaceous perennial member of the 
pea family (Fabaceae) (Wojciechowski and Spellenberg 2012, pp. 729-
752). It is a slender, diffuse plant, 12 to 27.5 inches (in) (30 to 70 
centimeters (cm)) tall, with straggling, freely branched stems that 
arise from a buried root-crown, or caudex with a long tap root (Barneby 
1964, p. 485). The leaves have 7 to 15 silvery linear leaflets and are 
light-gray or greenish in color. The flowers are cream to purple with 
veins of a deeper color. Fruits are pencil-shaped pods, 0.6 to 1 in (16 
to 25 cm) long and hold 2 to 14 seeds (see Service 2014, Species 
Description).

Distribution

    Lane Mountain milk-vetch is restricted in distribution to a small 
portion of the central Mojave Desert north of Barstow in San Bernardino 
County, California at elevations of 3,000-3,800 feet (ft) (900-1,200 
meters (m)) (Wojciechowski and Spellenberg 2012, p. 742). Four disjunct 
population areas of Lane Mountain milk-vetch have been identified prior 
to and since listing (Goldstone, Montana-Brinkman, Paradise Valley, and 
the Coolgardie Mesa populations). Based on extensive surveys of the 
suitable habitat within the area, no other populations of Lane Mountain 
milk-vetch are expected to exist outside the four identified population 
areas (Charis 2002, pp. 45-50; Charlton 2007, pp. 29-30).

Habitat Characteristics

    Lane Mountain milk-vetch occurs mostly on gentle slopes and low 
ridges comprised of shallow, coarse granitic substrates where the 
parent rock material is close to the surface or exposed (Bagley 1999, 
p. 3; Charis 2002, p. 40; Rundel et al. 2005, p. 34). Habitats with 
these characteristics are patchily distributed across the range where 
Lane Mountain milk-vetch occurs. The vegetation community at Lane 
Mountain milk-vetch sites is typically a diverse mix of woody shrub 
species with a higher percent cover and density than adjacent 
vegetation communities (Prigge et al. 2000, p. 10; Prigge et al. 2011, 
p. 185). These sites tend to have a low density of creosote bush 
(Larrea tridentata) and a high degree of shrubs compatible with Lane 
Mountain milk-vetch (Huggins et al. 2012b, pp. 4-5). The distribution 
of Lane mountain milk-vetch and the other shrubs are indirectly 
controlled by the soils and soil characteristics within this plant 
community (second order edaphic endemism) (Prigge et al. 2011, p. 185; 
Huggins et al. 2012b, p. 4).
    Lane Mountain milk-vetch has a unique relationship with the shrubs 
within the mixed desert scrub community where it is found. This 
relationship is often known as a nurse-prot[eacute]g[eacute] 
interaction (Gibson et al. 1998, p. 81; Flores and Jerado 2009, p. 911; 
McCalley and Sparks 2009, p. 837) and appears to provide benefits to 
both the Lane Mountain milk-vetch and the nurse shrubs (see Service 
2014, Nurse shrubs and influence on microclimate and microhabitat of 
Lane Mountain milk-vetch).

Information Regarding the Species at the Time of Listing to the 2008 5-
Year Review

    The primary threats to the known populations of Lane Mountain milk-
vetch at the time of listing were habitat loss that was likely to occur 
from recreational off-highway vehicle (OHV) use, mining, and changes in 
fire frequency and associated fire suppression activities; stochastic 
events; small population size; and the inadequacy of regulatory 
mechanisms (63 FR 53604-53609; October 6, 1998). Another threat 
identified at the time of listing was military training activities 
planned at Fort Irwin (63 FR 53605, and 53613-53614; October 6, 1998).
    On July 10, 2008, the 5-year review was completed for Lane Mountain 
milk-vetch and recommended that the species be reclassified from 
endangered to threatened. This recommendation was based on the 
discovery of additional occurrences of Lane Mountain milk-vetch since 
listing and partly on the future implementation of management and 
conservation actions identified in recently approved land management 
plans (Service 2008, pp. 1-20). A recovery plan for the Lane Mountain 
milk-vetch has not been completed, so measurable recovery criteria have 
not been developed for the species.
    Two major changes in land ownership/land use designation occurred 
between listing and the 5-year review. The first occurred in 2002, when 
lands containing one of the four known populations of Lane Mountain 
milk-vetch (Montana-Brinkman population) and a majority of lands for a 
second population (Paradise Valley population) were transferred from 
the Bureau of Land Management (BLM) to the Department of Defense as 
part of the Fort Irwin Military Land Withdrawal Act of 2001 (Public L. 
107-107, title 29, section 2901, et seq., 115 Stat. 1335). This 
legislation withdrew approximately 118,674 ac (48,026 ha) of land, 
previously owned by the BLM, from appropriation and transferred 
jurisdiction and interests in those lands to the Secretary of the Army 
for military use. On March 15, 2004, the Service completed a biological 
opinion on the proposed addition of training lands at Fort Irwin 
(Service 2004 (1-8-03-F-48), pp. 1-73). To limit the military training 
effects on Lane Mountain milk-vetch, the Army committed to place the 
Goldstone population (1,283 ac (519 ha)) and a portion of the Paradise 
Valley population (3,634 ac (1,471 ha)) off-limits to all military 
training activities. The remainder of Lane Mountain milk-vetch 
population lands on Fort Irwin would be subject to some level of 
disturbance through military training activities (approximately 6,619 
ac (2,679 ha)) from complete habitat loss to moderate or low levels of 
disturbance. The second land ownership/land use designation occurred in 
2005, with the completion of the West Mojave Plan process by the BLM, 
which designated two areas containing the species as Areas of Critical 
Environmental Concern (ACEC) on BLM land (the entire Coolgardie Mesa 
population and approximately 10 percent of the Paradise Valley 
population) (BLM (West Mojave Plan) 2005, p. 2-108).
    During our 5-year review process, we became aware of additional 
threats to those previously identified at the time of listing. These 
included the effects of infrequent recruitment, predation, dust, 
genetic isolation, competition with nonnative species, habitat 
fragmentation, and the potential for

[[Page 25086]]

energy development. We also reconfirmed our concerns related to 
military training activities and upgraded our concerns related to 
increased OHV and mining activities and the effects of changes in the 
fire regime for the species. Although our review heightened awareness 
of additional concerns and, in some cases, highlighted the severity of 
the threats, we recommended reclassification for Lane Mountain milk-
vetch to threatened based partly on the establishment of conservation 
areas by the Army and BLM and the future management of these areas by 
the two agencies (Service 2008, pp. 14-15).

Information Regarding the Species Since the 2008 5-Year Review

    In review and development of the information regarding the threats 
facing Lane Mountain milk-vetch as described in the Species Report and 
in conducting our status review for this 12-month finding, we have 
raised our level of concern regarding some threats and identified 
additional threats facing Lane Mountain milk-vetch. We have raised our 
level of concern regarding the effects of increased OHV activities on 
those populations of Lane Mountain milk-vetch on BLM lands, private 
lands, or lands recently acquired by the Department of Defense outside 
the National Training Center at Fort Irwin. We have also identified the 
effects of climate change and drought on the species and its habitat as 
a major concern and threat to the species or its habitat.
    In addition to threats information, we also received additional 
population status and trend data and information on recruitment and 
survival (see Service 2014, Demography and Population Trends). These 
threats and population status and trend data are discussed in detail in 
the Species Report (Service 2014, pp. 39-111) and are summarized below 
in our statutory analysis.

Statutory Analysis and Application of Section 4 of the Act

    Section 4 of the Act (16 U.S.C. 1533) and implementing regulations 
(50 CFR part 424) set forth procedures for listing species, 
reclassifying species, or removing species from listed status. 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 manmade factors 
affecting its continued existence.
    Determining whether the status of a species has improved to the 
point that it can be downlisted or delisted 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 at the time of the status review. 
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.
    The Act requires that the Secretary determine whether a species is 
endangered or threatened because of any of the five factors enumerated 
in 16 U.S.C. 1533(a)(1). Our discussion of the threats is contained in 
the Species Report (see Service 2014, Overview of Factors Affecting the 
Species). In the Species Report, we present detailed discussions of the 
current and future potential threats to the Lane Mountain milk-vetch, 
discussions which are summarized in this document. Here, we now 
consider how those threats are categorized under each of the five 
factors affecting the species and determine whether it is an endangered 
or threatened species.
    Below, we summarize the information in the Species Report of the 
potential current and future threats to Lane Mountain milk-vetch and 
categorize them by each factor. The threats categorized by factor 
include: Military Training Activities (Factors A and E); OHV Activities 
(Factors A and E); Effects of Climate Change (Factors A and E); 
Competition with Nonnative Plants and Fire (Factors A and E); Mining 
Activities (Factors A and E); Predation (Factor C); Inadequacy of 
Existing Regulatory Mechanisms (Factor D); Dust (Factor E); Genetic 
Isolation (Factor E); and Small Population Size (Factor E). The full 
description of these threats is documented in the Species Report (see 
Service 2014, Overview of Factors Affecting the Species).
A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range
Military Training Activities
    The same potential military training activities that affect Lane 
Mountain milk-vetch habitat can also affect Lane Mountain milk-vetch 
individual plants. While these impacts to the species fit under Factor 
E (Other Natural or Manmade Factors Affecting its Continued Existence), 
they are included here in the Factor A discussion for ease of analysis.
    Three of the four populations of Lane Mountain milk-vetch occur 
entirely or almost entirely on Fort Irwin. Military training and 
operations activities (see Service 2014, Military Training and 
Operations Activities) planned for Fort Irwin's Western Expansion Area 
may result in the loss of a substantial number of Lane Mountain milk-
vetch plants and areas of habitat from both direct and indirect impacts 
(BLM et al. 2005, Chapter 4, p. 73; Army 2003, Chapter 5, pp. 22-27). 
More than 6,660 ac (2,695 ha) of habitat containing Lane Mountain milk-
vetch plants out the 11,567 ac (4,681 ha) that occur on Fort Irwin 
would be directly affected by military training and operations 
activities (Army 2003, Chapter 5, p. 25); this represents 31.2 percent 
of populations and habitat for the species, and 57 percent of the 
populations and habitat within the Fort Irwin boundary (Service 2014, 
Military Training and Operations Activities). Moreover, the Army 
reports that, in high use areas, frequent and intense training 
activities could ultimately impact, and cause the loss of, up to 100 
percent of the habitat and individuals of Lane Mountain milk-vetch of 
the Brinkman Wash-Montana Mine population (Id.). The Army has completed 
an Integrated Natural Resources Management Plan and consulted with the 
Service on future training activities (Fort Irwin INRMP 2005). As part 
of the Army's conservation measures for Lane Mountain milk-vetch, the 
Goldstone population and a portion of the Paradise Valley population 
are in designated conservation areas. These conservation measures have 
placed 20.5 percent of the known Lane Mountain milk-vetch plants and 
habitat into Conservation Areas that are off-limits to the direct 
impacts of military training and

[[Page 25087]]

operations activities. These areas would not be directly affected by 
military training and operations, but plants and their habitat could be 
adversely affected by indirect impacts of military activities. A third 
area within a portion of the Brinkman Wash-Montana Mine population 
would be subject to restricted use. Direct and indirect impacts include 
the crushing or uprooting of Lane Mountain milk-vetch plants and nurse 
shrubs; crushing and burying milk-vetch seeds; disturbing soils; 
altering surface hydrology; promoting aeolian (wind) erosion and/or 
deposition of sand and dust; and degrading or disrupting ecological 
relationships with predators, seed dispersers, pollinators, and 
competitors (invasive nonnative species). Cumulatively, these 
activities can result in long-term adverse impacts to Lane Mountain 
milk-vetch populations through increases in fire frequency, size, and 
intensity; changes in vegetation types including loss of nurse shrubs; 
fragmentation and reduction/loss of connectivity between populations; 
reduced gene exchange or genetic isolation, and reduced population 
persistence or greater vulnerability to random events (Army 2003, 
Chapter 5, p. 26).
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that military training and 
operations activities are ongoing and currently threaten the habitat or 
range of Lane Mountain milk-vetch through destruction, modification, or 
curtailment.
Mining Activities
    The same potential mining activities that affect Lane Mountain 
milk-vetch habitat can also affect Lane Mountain milk-vetch individual 
plants. While these impacts to the species fit under Factor E (Other 
Natural or Manmade Factors Affecting its Continued Existence), they are 
included here in the Factor A discussion for ease of analysis.
    Portions of BLM lands adjacent to Fort Irwin are designated as the 
Coolgardie Mining District and are currently subject to ongoing mining 
activities. Most of the Coolgardie Mesa population and a small portion 
of the Paradise Valley population of Lane Mountain milk-vetch occur on 
BLM lands. The impacts to Lane Mountain milk-vetch (see Service 2014, 
Mining Activities) and its habitat from past and current mining 
activities include the establishment of mining camps or staging areas. 
The effects to Lane Mountain milk-vetch plants and habitat include 
habitat fragmentation, soil surface disturbance from placement and use 
of mining equipment, direct uprooting of Lane Mountain milk-vetch 
plants and nurse shrubs or burial from side casting, and soil 
compaction and disturbance resulting in a disruption of soil microbial 
activity and nutrient cycling from repeated foot and vehicle traffic in 
confined areas. Additional impacts from mining activities to ecological 
processes include altered surface hydrology, increased wind erosion of 
soil and dust deposition, disruption of pollination systems, and the 
spread of invasive nonnative plant species. These impacts contribute to 
changes in vegetation type; increases in fire frequency, size and 
intensity; fragmentation and reduction/loss of connectivity; reduced 
gene exchange; and reduced population persistence.
    Due to historical mining activities, the Coolgardie Mesa area has 
been laced with exploratory mine pits and mining activities both large 
and small. These activities have resulted in disturbance of the soil 
surface and structure. Soil crusts that form on soil surfaces in 
southwestern deserts, including the Mojave Desert, are assemblages of 
symbiotic algae, cyanobacteria, bacteria, lichens, and mosses. These 
soil crusts are highly susceptible to degradation from the frequent and 
large-scale disturbance activities, and recovery of the soil's complex 
structure and function will likely take centuries rather than decades. 
Restoration of the area to suitable conditions for the Lane Mountain 
milk-vetch and nurse shrubs will take even longer. Because of the 
nature of the impacts (e.g., destruction of soil structure and 
disruption of soil function), it is unlikely that the Lane Mountain 
milk-vetch or its nurse shrubs will become established at casual use 
mining sites in the future. Prior to transfer of lands containing a 
portion of Brinkman-Montana Wash and all of the Paradise Valley 
population from BLM to the Department of Defense, these areas were also 
subject to mining activities and may still be available for mineral 
rights exploration and development (Service 2014, Mining Activities; 
Service 2013c, attachment).
    Current mining activities include ``casual use'' mining activities 
conducted by individuals and mining clubs on BLM lands. Under BLM 
regulations (43 CFR part 3809), ``casual use'' mining is defined by the 
excavation of mining pits and soil surface disturbance that are limited 
to the use of non-mechanized tools and encompass an area of less than 5 
ac (2 ha). In addition, the West Mojave Plan states that dry wash 
sluicing is considered ``casual use'' and a plan of operations is not 
required unless operators drive off existing routes, dig up perennial 
plants, or use mechanized earth-moving equipment. Casual use mining 
also cannot result in the direct destruction of perennial woody 
vegetation (BLM et al. 2005, chapter 4, p. 278).
    The Coolgardie Mesa population and the portion of the Paradise 
Valley population on BLM lands are classified as Areas of Critical 
Environmental Concern (ACECs). To reduce threats to and help manage for 
the Lane Mountain milk-vetch and its habitat outside Fort Irwin, the 
Army purchased most of the private land within the boundaries of BLM's 
West Paradise and Coolgardie Mesa Conservation Areas. While BLM 
identified specific land management prescriptions for mining activities 
in these areas, casual use mining is not a discretionary action and is 
not subject to permits or authorizations. BLM requires no permit and 
does not conduct direct management oversight for casual use mining 
activities, and as a result, there is no mechanism for monitoring and 
reporting the location and extent of compliance with the BLM's 
regulations, or monitoring the direct and indirect impacts to Lane 
Mountain milk-vetch and its habitat. Under casual use, the excavation 
of mining pits and soil surface disturbance degrade Lane Mountain milk-
vetch habitat and impact Lane Mountain milk-vetch plants and seeds and 
nurse shrubs directly and indirectly. Other management prescriptions 
that would reduce the threats from mining and surface disturbance that 
have not yet been implemented include withdrawal of lands within the 
ACECs from mineral entry and acquiring private lands from willing 
sellers within the ACECs.
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that mining activities are 
ongoing and currently threaten the habitat or range of Lane Mountain 
milk-vetch through destruction, modification, or curtailment.
Off-Highway Vehicle (OHV) Activities
    The same potential OHV activities that affect Lane Mountain milk-
vetch habitat can also affect Lane Mountain milk-vetch individual 
plants. While these impacts to the species fit under Factor E (Other 
Natural or Manmade Factors Affecting its Continued Existence), they are 
included here in the Factor A discussion for ease of analysis.
    OHV activity is present throughout the range of Lane Mountain milk-
vetch outside the National Training Center at Fort Irwin (see Service 
2014, Off-

[[Page 25088]]

highway Vehicle (OHV) Activities). This includes all of the Coolgardie 
Mesa population and the portion of the Paradise Valley population that 
occurs on BLM lands, including those areas within the ACECs. OHV 
activity and roads cause habitat loss, fragmentation, and degradation. 
In the West Mojave Plan, the BLM identified minimizing vehicle routes 
of travel, fencing, education, and enforcement as conservation measures 
to help the Lane Mountain milk-vetch and its habitat. However, 
activities such as fencing, signing, and closing areas have had limited 
success in managing access or controlling new unauthorized routes. In 
addition, BLM is also obligated to provide access to mining claims and 
mines (BLM could revisit route designations if withdrawal of lands 
within the ACECs from mineral entry is completed). Our review of BLM 
data identified an increase in OHV routes in the Coolgardie Mesa area 
from over 67 miles (mi) (108 kilometers (km)) in 2005 to 134 mi (216 
km) in 2012. OHV activities include not only development of roads but 
also establishment of camping and staging areas in previously 
undisturbed areas. OHV use in undisturbed areas not only destroys Lane 
Mountain milk-vetch plants or their nurse shrubs directly, it also 
disturbs the soil surface leading to reduced moisture-holding 
capabilities and provides a means for nonnative invasive plant species, 
such as annual grasses (e.g. Bromus sp.), Marrubium vulgare 
(horehound), and Brassica sp. (mustard) to invade otherwise remote, 
intact habitats. These impacts contribute to changes in vegetation 
type; increases in fire frequency, size, and intensity; fragmentation 
and reduction/loss of connectivity; reduced gene exchange; and reduced 
population persistence. With ongoing reports of increases in OHV 
activity and creation of new roads, this increased use would continue 
to expand the area of impact to Lane Mountain milk-vetch plants and 
habitat in the Coolgardie Mesa and West Paradise Conservation Areas.
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that OHV use is ongoing 
and has increased from past levels. The impacts of OHV use currently 
threaten the destruction, modification, or curtailment of the habitat 
or range of Lane Mountain milk-vetch.
The Effects of Climate Change
    The impact of climate change is affecting both Lane Mountain milk-
vetch habitat (Factor A) and individual plants (Factor E). Effects of 
climate change on population trends is discussed under Factor E. 
Discussion of both of these impacts is included here in the Factor A 
discussion for ease of analysis.
    Changes in climate can have a variety of direct and indirect 
impacts on species, and can exacerbate the effects of other threats. 
Rather than assessing the effects of ``climate change'' as a single 
threat in and of itself, we examine the potential consequences to 
species and their habitats that arise from changes in environmental 
conditions associated with various aspects of climate change. Recent 
climate data available for the southwestern United States show that the 
area is already experiencing the effects of climate change (see Service 
2014, Drought, Precipitation Patterns, and Climate Change). The average 
daily temperatures for the 2001-2010 decade were the highest in the 
southwestern United States from 1901 through 2010 (Overpeck et al. 
2012, p. 2) with temperatures almost 2.0 [deg]Fahrenheit ([deg]F) (1.1 
[deg]Celsius ([deg]C)) higher than historic averages, with fewer cold 
snaps and more heat waves (Hoerling et al. 2012, pp. 74-92; Overpeck et 
al. 2012, pp. 4-5). Climate change models for the southwestern United 
States for the 21st century predict seasonal air and surface 
temperatures in all seasons will increase (Overpeck et al. 2012, p. 5), 
with greater warming in summer and fall than winter and spring. 
Droughts in parts of the southwestern United States are projected to 
become more frequent (Overpeck et al. 2012, p. 7) with a precipitation 
decrease westward through the Sonoran and Mojave Deserts.
    Huggins et al. (2012b, p. 11) found that there is a strong positive 
relationship between Lane Mountain milk-vetch population changes and 
seasonal precipitation, and that these changes (population 
fluctuations) are controlled by the variation in the timing and amount 
of precipitation within and between years. In addition, nurse shrubs 
will also be impacted by prolonged drought conditions and die-offs of 
nurse shrubs have already been documented in the range of Lane Mountain 
milk-vetch (Huggins et al. 2010c, p. 1). If the models for the 
Southwest and Mojave Desert are correct and drought periods become 
longer and more frequent, we would anticipate that future climatic 
conditions will reduce reproduction and recruitment and elevate 
mortality of the Lane Mountain milk-vetch populations, favor the 
further spread of nonnative invasive plants and increase the frequency, 
spatial extent, and severity of wildfires. Additional factors 
exacerbated by the effects of climate change would include increases in 
soil loss and dust, and the reduction of microbial activity and 
nutrient cycling.
    Nurse Shrubs. Nurse shrubs are also likely to be impacted by the 
effects of climate change. Changes in vegetative land cover (including 
loss of woody vegetation) will be substantial with vegetation 
composition, diversity, and growth likely altered (Archer and Predick 
2008, p. 25). Increases in temperature and decreases in precipitation 
as a result of climate change will lead to an increase in death of 
nurse shrub plants in some areas of the Southwest (Overpeck et al. 
2012, p. 8). The loss of nurse shrubs will also likely increase as a 
result of climate change. Nurse shrubs benefit Lane Mountain milk-vetch 
in the form of structural support, attenuation from weather extremes, 
and in providing some protection from predators, and appear to be 
important to the survival and persistence of the species (Sharifi et 
al. 2010, pp. 5-6, 12, 321; Prigge et al. 2011, pp. 178, 181; Huggins 
et al. 2012a, p. 35). There is a substantial decrease in survival of 
Lane Mountain milk-vetch plants among nurse shrubs with canopies 
reduced by drought (Huggins et al. 2010a, pp. 120-128; Huggins et al. 
2010b, pp. 1-29; Huggins et al. 2012c, p. 98). When canopy cover of 
nurse shrubs was reduced by 60 percent or more, Lane Mountain milk-
vetch plants died (Huggins et al. 2010a, p. 125).
    Nonnative Plants and Fire. Nonnative invasive plants and the 
associated potential for increase in wildfires affect both habitat and 
range of Lane Mountain milk-vetch (Factor A) as well as individual 
plants (Factor E). These impacts are discussed here, under the umbrella 
discussion of climate change, because climate change may exacerbate 
their effects to habitat and to individual plants. Discussion of both 
of these impacts is included here in the Factor A discussion for ease 
of analysis.
    Nonnative invasive plant species such as Bromus madritensis (red 
brome), Bromus tectorum (cheatgrass), and Schismus arabicus and S. 
barbatus (Mediterranean grass) have increased in distribution and 
abundance in the Mojave Desert (see Service 2014, Nonnative Species Are 
Likely to Increase in Abundance). Although the factors relating to the 
invasion of nonnative plant species are independent of climate change, 
the effects of climate change are likely to lead to an increase in 
abundance and spread of nonnative species (Archer and Predick 2008, p. 
26). Nonnative species can compete with desert perennials, including 
Lane Mountain milk-vetch and their nurse

[[Page 25089]]

shrubs, for scarce resources (i.e., water, nutrients) (Brooks 2000, pp. 
103-105; Booth et al. 2003, pp. 36-48; DeFalco et al. 2007, pp. 302-
305). Increases in abundance of nonnative species threatens Lane 
Mountain milk-vetch through competition for resources, resulting in 
reduced germination, recruitment, reproduction, and survival of the 
species.
    The introduction and spread of nonnative annuals has also resulted 
in an increase in the frequency, spatial extent, and severity of 
wildfires in the range of Lane Mountain milk-vetch because of the 
increase in fine fuels they produce (Army 2003, Chapter 4, p. 14; 
Chapter 5, p. 7; Brooks and Matchett, 2006; p. 149). The invasion and 
spread of nonnative annual species provide fuel that carries fire 
across previously open interspaces in the desert landscape (Brooks 
1999, pp. 16-17) and allow fires to burn larger areas than documented 
historically. Once established, nonnative invasive plant species can 
promote and accelerate the fire cycle in a self-reinforcing manner. 
Areas disturbed by fire are often quickly colonized by nonnative annual 
species that provide additional fuel for future fire events. The slow 
growth and episodic nature of recruitment of many native desert plant 
species constrains recovery from frequent fires that accompany the 
establishment of nonnative invasive grasses (Archer and Predick 2008, 
p. 26; Chambers and Pellant 2008, pp. 29-33). Fire in the range of the 
Lane Mountain milk-vetch would result in the loss of individual plants 
and the loss of nurse shrubs associated with and vital to the continued 
existence of the species. Habitats where Lane Mountain milk-vetch 
occurs would become more fragmented as a result of the more frequent 
fire events. Because there are currently no feasible means for 
controlling the spread of nonnative invasive plant species, we expect 
that wildfires will be an increasing threat to Lane Mountain milk-vetch 
populations and their habitat.
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that the effects of 
climate change on the species and its habitat through a reduction in 
recruitment and plant survival, loss of individual plants and habitat 
including loss of nurse shrubs through increase in nonnative species, 
droughts, and fire, are currently ongoing and threaten the habitat or 
range of Lane Mountain milk-vetch through destruction, modification, or 
curtailment.
B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    This factor was not identified at the time of listing as a threat 
(63 FR at 53606), nor was it considered a threat in the 5-year review 
(Service, 2008, p. 11). We have no information indicating that 
overutilization is affecting the species. We conclude that 
overutilization for commercial, recreational, scientific, or 
educational purposes is not a short-term or long-term threat to the 
continued existence of Lane Mountain milk-vetch.
C. Disease or Predation
    At the time of listing, disease and predation were not considered 
threats to Lane Mountain milk-vetch (63 FR 53606-53607). The 5-year 
review reported several instances of predation and noted that predation 
of leaves, stems, seeds, and roots are now known to occur (Service 
2008, pp. 11-12). Our review for this determination indicates that 
while some predation of Lane Mountain milk-vetch seeds, vegetative 
tissue, and roots is likely occurring on an ongoing but variable basis, 
there is no evidence that individual plants have been killed from this 
activity. Because Lane Mountain milk-vetch has evolved within this 
habitat, the species has adapted to some level of predation (Service 
2014, Predation). We have not identified any diseases affecting Lane 
Mountain milk-vetch.
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that disease is not a 
significant threat and predation is not a significant threat in and of 
itself but may contribute to being a threat when considered in 
combination with other threats to Lane Mountain milk-vetch. See 
``Combination of Threats'' section below for additional information.
D. Regulatory Protections
    Although regulatory mechanisms (Factor D) are in place that provide 
some protection to Lane Mountain milk-vetch and its habitat, some of 
these mechanisms have not been implemented to their fullest extent and 
as a result do not completely alleviate all of the direct threats 
currently acting on the species. For example, available population 
trend information has shown a continued population decline for all 
populations despite portions of the species range having been 
designated as ACECs regulated by BLM or managed by the Army as part of 
a conservation area. In addition, the existing regulatory mechanisms 
are not directed toward nor are they capable of limiting the effects of 
invasive nonnative species, altered fire regimes, or the effects of 
climate change on the species. As a result, we have determined that the 
existing regulatory mechanisms are: (1) Inadequate because they have 
not been fully implemented; and (2) are not adequate to alleviate the 
major threats to the species (see Service 2014, Summary of Analysis of 
Existing Regulatory Mechanisms).
E. Other Natural or Human-Caused Factors Affecting Their Continued 
Existence
Military Training, Off-Highway Vehicle (OHV), and Mining Activities
    For ease of discussion, the impacts to individuals from military 
training, off-highway vehicle (OHV) use, and mining activities 
associated with this factor are discussed above in Factor A. For a 
complete discussion of potential impacts to both habitat and individual 
plants from these activities, see Factor A discussion above.
    Based on the best available information, including the discussion 
contained in the Species Report and our discussion above regarding 
Factor A, we conclude that the effects of military training, OHV use, 
and mining activities are factors affecting the continued existence of 
Lane Mountain milk-vetch under Factor E.
Effects of Climate Change on Demographic and Population Trends
    For ease of discussion, the impacts from climate change on the 
species and its habitat are discussed above in Factor A (including the 
effects of nonnative invasive species and fire). For a complete 
discussion of potential impacts to both habitat and individual plants 
from these activities, see Factor A discussion above. Additional 
effects from climate change on the species and its population trends 
are discussed below (see Service 2014, Drought, Precipitation Patterns, 
and Climate Change). The results from the long-term studies on the Lane 
Mountain milk-vetch indicate that the overall population size has 
substantially decreased since 1999, despite 2 years of high 
precipitation in 2005 and 2011, which saw increases in seedling 
recruitment (Rundel et al. 2005, entire; Huggins et al. 2010a, entire; 
Huggins et al. 2012b, entire). These studies determined that Lane 
Mountain milk-vetch does not reproduce vegetatively but depends on 
seeds to recruit new individuals into the population. Because of the 
harsh environmental conditions of the habitat, most seedlings do not 
survive and successful

[[Page 25090]]

recruitment is dependent on the timing and amount of precipitation from 
year to year. This decrease appears to follow a trend in lower 
precipitation amounts and frequency during this period as compared to 
past trends (Huggins et al. 2012b, entire). The number of mature plants 
were also monitored, and they also saw a decline in numbers (Rundel et 
al. 2005, entire). Huggins et al. (2010a, p. 120) reported about an 88 
percent reduction in population size as measured by aboveground 
individuals in study plots within the Goldman and Brinkman-Wash 
populations that have been monitored since 1999. This loss of plants, 
when applied to the entire range of the species, would mean the number 
of Lane Mountain milk-vetch plants has declined from an estimated 5,723 
plants in 1999 (Army 2002, p. 1) to 686 in 2009 (Huggins et al. 2010a, 
p. 123). Adult Lane Mountain milk-vetch plants have the ability to 
persist during a dry year by reducing or curtailing reproduction, 
limiting vegetative growth (resprouting) or remaining dormant as a 
taproot below ground until the next year. Despite these adaptations, 
population numbers have declined. If in the future dry years continue 
to outnumber wet years as they have since 2000, we expect the 
population size of the Lane Mountain milk-vetch to continue to decline.
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that the effect of climate 
change is a factor affecting the continued existence of Lane Mountain 
milk-vetch under Factor E.
Dust
    Several human activities cause mechanical disturbance to the soil 
and generate dust that affect all four Lane Mountain milk-vetch 
populations (see Service 2014, Effects of Anthropogenic Dust to the 
Lane Mountain Milk-vetch and Its Habitat). Past, current, and planned 
activities that are dust sources include military training and 
operations activities, mining activities, and OHV activities. Dust has 
been shown to increase leaf temperatures and subsequent photosynthetic 
rates during early spring and may require an increased amount of water 
for growth and successful reproduction. If this increased amount of 
water is not available, the Lane Mountain milk-vetch may respond by 
reducing plant vigor and by reducing flower and seed production or 
abandoning reproduction for the year.
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that the effect of dust is 
a factor affecting the continued existence of Lane Mountain milk-vetch 
under Factor E.
Small Population Size
    Currently, each of the four populations of Lane Mountain milk-vetch 
are considered small populations. The impact of threats on small 
populations is further magnified due to their inability to respond to 
those threats. Small populations also face an increased likelihood of 
stochastic (random) extinction due to changes in demography, the 
environment, genetics, or other factors (Gilpin and Soule[acute] 1986, 
pp. 24-34). With their limited number of individuals, little documented 
recruitment in 13 years, and substantial population declines, the Lane 
Mountain milk-vetch populations are vulnerable to extinction due to 
threats associated with small population size, small number of 
populations, or isolation between populations (see Service 2014, Small 
Number of Individuals and Populations).
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that the effect of small 
population size is a factor affecting the continued existence of Lane 
Mountain milk-vetch under Factor E.
Genetic Isolation
    Genetic isolation has been raised as an additional concern for the 
species based on genetic work done by researchers (see Service 2014, 
Genetics section). Two separate genetic studies (Walker and Metcalf 
2008a and 2008b) found that Lane Mountain milk-vetch populations: (1) 
Lacked genetic variation within and between populations; (2) most 
likely have a low effective population size; (3) have undergone a 
recent population contraction or are undergoing a population 
contraction; and (4) have limited gene flow between populations and 
that the migration of genetic material occurs only between adjacent 
populations. These findings indicate that the number of Lane Mountain 
milk-vetch individuals that contribute genes to the next generation 
(e.g., reproduce and have successful recruitment) is small and that the 
entire species is susceptible to genetic drift. Small, isolated 
populations, such as Lane Mountain milk-vetch, that exhibit reduced 
levels of genetic variability have a reduced capacity to adapt and 
respond to environmental changes, thereby lessening the probability of 
long-term persistence (Barrett and Kohn 1991, p. 4; Newman and Pilson 
1997, p. 361).
    Based on the best available information, including the discussion 
contained in the Species Report, we conclude that genetic isolation is 
a factor affecting the continued existence of Lane Mountain milk-vetch 
under Factor E.
Combination of Threats
    Combinations of threats working in concert with one another have 
the ability to negatively impact species to a greater degree than 
individual threats operating alone. Multiple stressors can alter the 
effects of other stressors or act synergistically to affect individuals 
and populations. When conducting our analysis about the potential 
threats affecting Lane Mountain milk-vetch, we also assessed whether 
the species may be affected by a combination of factors.
    In the Species Report (see Service 2014, Overview of Factors 
Affecting the Species and Combination of Factors and Synergistic 
Impacts), we identified multiple threats that may have interrelated 
impacts on the Lane Mountain milk-vetch or its habitat. Habitat 
modification from military training, OHV use, and mining activities can 
lead to soil surface disturbances, which then lead to increased 
susceptibility to wind and water erosion, loss of moisture-holding 
capacity, invasion by nonnative plants, and increased fire threat. 
These activities likewise affect the nurse shrubs on which Lane 
Mountain milk-vetch depends. Predation on the plants, roots, and seeds 
of the species, although not observed to directly kill plants, may 
increase plant stress and reduce the vigor, including reproductive 
output of the species. The effects of climate change also are acting to 
elevate impacts on the species. Under current climate change conditions 
and projections, we anticipate that future climatic conditions will 
favor the further spread of nonnative invasive plants and increase the 
frequency, spatial extent, and severity of wildfires. Alteration of 
temperature and precipitation patterns as a result of climate change 
will also result in decreased survivorship of Lane Mountain milk-vetch 
by causing physiological stress on the plants and reducing reproduction 
or seedling establishment. These changed climatic conditions will also 
impact nurse shrubs associated with the Lane Mountain milk-vetch. 
Therefore, we find that the combination of habitat modification 
activities (and the threats that result from these activities) and the 
effects of climate change will exacerbate the overall degree of impacts 
that threaten the continued survival and recovery of Lane Mountain 
milk-vetch.

[[Page 25091]]

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 the Lane Mountain milk-
vetch and assessed the five factors to evaluate whether the species 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 our 2008 5-year review (Service 2008, entire), 
the 2011 petition (PLF 2011, pp. 1-11), information available in our 
files and gathered through our status review in response to this 
petition, and other available published and unpublished information. We 
also consulted with species experts from scholarly institutions and 
land management staff with the Army and BLM who are actively managing 
for the conservation of the Lane Mountain milk-vetch.
    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.
    Due to the restricted range, specialized habitat requirements, and 
limited recruitment and dispersal of Lane Mountain milk-vetch, 
populations of this species are vulnerable to currently ongoing and 
future threats that affect individual plants, the species' nurse 
shrubs, and their habitat. The primary threats to Lane Mountain milk-
vetch are habitat loss and disturbance from military training, OHV use, 
recreational mining, and the effects of climate change. In addition, 
Lane Mountain milk-vetch is also negatively affected by the additive 
and synergistic effects due to nonnative invasive plant species and 
resulting changes in fire frequency and intensity, dust, reduced soil 
microbial activity and nutrient cycling, habitat fragmentation, small 
population size, and genetic isolation.
    Lane Mountain milk-vetch is affected by the present destruction, 
modification, or curtailment of its habitat or range from military 
training activities, OHV use and unauthorized road development, 
recreational mining activities, nonnative invasive plants, modified 
fire regime (increased wildfire), and effects of climate change (Factor 
A); predation (Factor C); inadequate regulatory mechanisms (Factor D); 
and other natural or human-made factors affecting its continued 
existence (specifically, military training activities, OHV use, mining, 
the effects of climate change, nonnative invasive plants and fire, 
dust, genetic isolation, and small population size) (Factor E). Of 
these threats we consider military training, OHV activities, mining 
activities, and climate change to be the greatest threats both to the 
species and its habitat. We also considered the additive and 
synergistic effects of all the ongoing threats in combination and 
conclude that they are a significant concern to the species' current 
survival and existence and have factored them into our analysis.
    In the 2008 5-year review, we recommended reclassification of Lane 
Mountain milk-vetch from endangered to threatened. However, since that 
time, we have received substantial new information about the level of 
threats impacting the species or its habitat and its population status 
and trends. The 2008 5-year review recognized the majority of threats 
that continue to currently affect Lane Mountain milk-vetch, but 
recommended reclassification because of anticipated future 
implementation of management and conservation measures. We anticipated 
the prescribed management actions would be fully implemented and 
significantly abate threats to Lane Mountain milk-vetch However, 
management and conservation measures prescribed for the species on BLM 
lands have not been fully implemented as expected or have not had the 
anticipated effect. For example, in the 2008 5-year review we 
anticipated BLM's actions would result in a decrease in OHV use, but 
our analysis indicates OHV use has actually increased. Other actions, 
such as minerals withdrawal of the ACECs on BLM lands, may take years 
to fully implement and we cannot predict when or to what extent future 
management will be implemented. Currently, we do not expect them to be 
fully implemented in the near future due to management priorities and 
funding. Thus, impacts to the Lane Mountain milk-vetch from 
recreational mining and OHV use have not been substantially abated and 
are ongoing. While the Army has designated some portions of Lane 
Mountain as conservation areas, portions of two populations would be 
directly impacted by military training and operations, and all three 
populations on DOD lands would be indirectly affected. Additionally, 
new information available since the 2008 5-year review on population 
trends has shown a significant decline in the estimated population size 
of the species at all populations despite management and conservation 
measures taken thus far; new information also demonstrates an increase 
in OHV use and increased impacts from the effects of climate change. 
Even if fully implemented, management and conservation measures 
prescribed for the species do not address some of the most substantial 
threats to Lane Mountain milk-vetch and its habitat, especially the 
effects of climate change and small population size. All populations 
are subject to threats from regional drought and climate change, spread 
of nonnative species, genetic isolation, and small population size. 
Based on the analysis above and as fully documented in the Species 
Report, we conclude that the Lane Mountain milk-vetch is in danger of 
extinction throughout all of its range.

Significant Portion of Range Determination

    Section 3 of the Act defines an endangered species as ``any species 
which is in danger of extinction throughout all or a significant 
portion of its range'' and a threatened species as ``any species which 
is likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range.'' By all 
indications, Lane Mountain milk-vetch

[[Page 25092]]

occurs only in limited numbers within a restricted range and faces 
considerable and immediate threats to all its populations, which place 
it at risk of extinction. Aspects of the species' natural history may 
also contribute to and exacerbate threats and increase its 
vulnerability to extinction. Since immediate and ongoing significant 
threats to the Lane Mountain milk-vetch extend throughout its entire 
range, we have determined that the species is currently in danger of 
extinction throughout all of its range. Because threats extend 
throughout the entire range and are not restricted to any particular 
significant portion of that range, it is unnecessary to determine if 
Lane Mountain milk-vetch is in danger of extinction throughout a 
significant portion of its range. Accordingly, our assessment and 
determination applies to the species throughout its entire range, and 
we did not further evaluate a significant portion of the species' 
range.
    Therefore, on the basis of the best available scientific and 
commercial information, we find that Lane Mountain milk-vetch continues 
to meet the definition of an endangered species under the Act. We 
further find that a threatened species status is not appropriate for 
Lane Mountain milk-vetch because of the severity and immediacy of the 
threats, the restricted range of the species, and its small population 
size. Consequently, we are not reclassifying Lane Mountain milk-vetch. 
We will maintain its status as an endangered species in accordance with 
sections 3(6) and 4(a)(1) of the Act.
    We request that you submit any new information concerning the 
status of, or threats to, Lane Mountain milk-vetch to our Ventura Fish 
and Wildlife Office (see ADDRESSES section) whenever it becomes 
available. New information will help us monitor this species and 
encourage its conservation.

References Cited

    A complete list of references cited in this finding is available on 
the Internet at https://www.regulations.gov and upon request from the 
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this finding are the staff members of the 
Ventura Fish and Wildlife Office and Pacific Southwest Regional Office 
(see FOR FURTHER INFORMATION CONTACT).

Authority

    The authority for this section is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: April 17, 2014.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-10052 Filed 5-1-14; 8:45 am]
BILLING CODE 4310-55-P