Endangered and Threatened Wildlife and Plants; Removing Trichostema austromontanum, 1296-1307 [2016-31581]
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Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Proposed Rules
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[FR Doc. 2016–31856 Filed 1–4–17; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0468; FRL–9957–51–
Region 4]
Air Plan Approval; Georgia:
Procedures for Testing and Monitoring
Sources of Air Pollutants
Environmental Protection
Agency.
ACTION: Proposed rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
portions of State Implementation Plan
(SIP) revisions submitted by the State of
Georgia, through the Georgia
Department of Natural Resources’
Environmental Protection Division (GA
EPD), on April 11, 2003, November 29,
2010, July 25, 2014, November 23, 2015,
SUMMARY:
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and November 29, 2016. The SIP
submittals include changes to GA EPD’s
air quality rules that modify definitions.
The portions of the SIP revisions that
EPA is proposing to approve are
consistent with the requirements of the
Clean Air Act (CAA or Act).
DATES: Written comments must be
received on or before February 6, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0468 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
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consider to be Confidential Business
Information (CBI) or other information
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Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached by phone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules section of this Federal
Register, EPA is approving the State’s
implementation plan revision as a direct
final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
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second comment period on this
document. Any parties interested in
commenting on this document should
do so at this time.
Dated: December 15, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016–31754 Filed 1–4–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2016–0127;
FXES11130900000 167 FF09E42000]
RIN 1018–BB39
Endangered and Threatened Wildlife
and Plants; Removing Trichostema
austromontanum ssp. compactum
(Hidden Lake Bluecurls) From the
Federal List of Endangered and
Threatened Plants
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; availability of a
draft post-delisting monitoring plan.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
remove the plant Trichostema
austromontanum ssp. compactum
(Hidden Lake bluecurls) from the
Federal List of Endangered and
Threatened Plants on the basis of
recovery. This determination is based
on a review of the best available
scientific and commercial information,
which indicates that the threats to T. a.
ssp. compactum have been eliminated
or reduced to the point where it no
longer meets the definition of an
endangered species or a threatened
species under the Endangered Species
Act of 1973, as amended (Act). We are
seeking information and comments from
the public regarding this proposed rule
and the draft post-delisting monitoring
(PDM) plan for T. a. ssp. compactum.
DATES: We will accept comments
received or postmarked on or before
March 6, 2017. We must receive
requests for public hearings, in writing,
at the address shown in FOR FURTHER
INFORMATION CONTACT by February 21,
2017.
SUMMARY:
Comment submission: You
may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2016–0127, which is
ADDRESSES:
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the docket number for this rulemaking.
Then click on the Search button. On the
resulting page, 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-deliver to: Public Comments
Processing, Attn: Docket No. FWS–R8–
ES–2016–0127, U.S. Fish and Wildlife
Service, MS: BPHC; 5275 Leesburg Pike,
Falls Church, VA 22041–3803.
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
Information Requested, below, for more
information).
Document availability: A copy of the
draft PDM plan referenced throughout
this document can be viewed at https://
ecos.fws.gov/ecp0/profile/
speciesProfile?sId=1285, at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2016–0127, or at the
Carlsbad Fish and Wildlife Office’s Web
site at https://www.fws.gov/Carlsbad/.
FOR FURTHER INFORMATION CONTACT: G.
Mendel Stewart, Field Supervisor,
Carlsbad Fish and Wildlife Office, 2177
Salk Avenue, Suite 250, Carlsbad, CA
92008; telephone 760–431–9440;
facsimile (fax) 760–431–5901. 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 remove Trichostema
austromontanum ssp. compactum from
the List of Endangered and Threatened
Plants (i.e., ‘‘delist’’ the subspecies)
under the Act;
(2) New biological or other relevant
data concerning any threat (or lack
thereof) to this subspecies (for example,
those associated with climate change);
(3) New information on any efforts by
the State or other entities to protect or
otherwise conserve the subspecies;
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(4) New information concerning the
range, distribution, and population size
or trends of this subspecies;
(5) New information on the current or
planned activities in the habitat or range
that may adversely affect or benefit the
subspecies; and
(6) Information pertaining to the
requirements for post-delisting
monitoring of Trichostema
austromontanum ssp. compactum.
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, may not meet the
standard of information required by
section 4(b)(1)(A) of the Act (16 U.S.C.
1531 et seq.), which 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
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES. 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, Carlsbad 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 by the date specified above
in DATES. 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,
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times, and places of those hearings, as
well as how to obtain reasonable
accommodation, in the Federal Register
and local newspapers at least 15 days
before the hearing.
Previous Federal Actions
On September 14, 1998, we published
a final rule (63 FR 49006) to list
Trichostema austromontanum ssp.
compactum as a threatened species. At
that time, we determined that the
designation of critical habitat was not
prudent because it would likely increase
the number of visitors to the geographic
location of the single known occurrence
and because it would undermine
ongoing efforts by the California
Department of Parks and Recreation
(CDPR to protect this occurrence. As a
consequence of a settlement agreement,
we withdrew our previous not-prudent
determination, and agreed to reevaluate
the prudency of designating critical
habitat. However, based on our review
and evaluation of the best scientific and
commercial information available, we
determined that designation of critical
habitat continued to be not prudent for
T. a. ssp. compactum (72 FR 54377;
September 25, 2007).
Subspecies Information
It is our intent to discuss only those
topics directly related to the delisting in
this proposed rule. For more
information on the description, biology,
ecology, and habitat of Trichostema
austromontanum ssp. compactum,
please refer to the listing final rule
published in the Federal Register on
September 14, 1998 (63 FR 49006); the
critical habitat prudency determination
published in the Federal Register on
September 25, 2007 (72 FR 54377); the
most recent 5-year review for T. a. ssp.
compactum completed on May 6, 2013
(Service 2013, entire); and the
Conservation Strategy for T. a. ssp.
compactum, completed in 2009 (Fraga
and Kietzer 2009, pp. 1–29). These
documents will be available as
supporting materials at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2016–0127.
Subspecies Description
Trichostema austromontanum ssp.
compactum, a member of the Lamiaceae
(mint family), was described by F.
Harlan Lewis (1945) based on
specimens collected in 1941, by M.L.
Hilend at Hidden Lake in the San
Jacinto Mountains of Riverside County,
California. Trichostema a. ssp.
compactum is a compact, soft-villous
(with long, shaggy hairs), annual plant,
approximately 4 inches (in) (10
centimeters (cm)) tall, with short
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internodes (stem segments between
leaves), elliptic leaves, and blue flowers
with a five-lobed corolla (Lewis 1945,
pp. 280–281, 284–285; Lewis 1993, p.
732). Its fruit consists of four smooth,
basally-joined nutlets. Many taxa of
Trichostema have volatile secondary
plant compounds that produce a strong
odor and taste. The common name
vinegar weed is attributed to many
different species of Trichostema.
Subspecies Biology
Trichostema austromontanum ssp.
compactum is only found on the
margins of Hidden Lake, a small
montane vernal pool, in the San Jacinto
Mountains, Riverside County,
California. At an elevation of 8,700 feet
(ft) (2,650 meters (m)), Hidden Lake is
Riverside County’s only high-elevation
vernal pool (Bauder 1999, pp. 3–4), and
is owned and managed by Mount San
Jacinto State Park (Park). Hidden Lake is
located within a California State Park
Natural Preserve (The Hidden Lake
Divide Natural Preserve) and is
surrounded by the Mount San Jacinto
State Wilderness Area (CDPR 2002, pp.
62–63). The single pool that supports
the entire range of T. a. ssp. compactum
encompasses an area of approximately 2
acres (ac) (1 hectare (ha)) and is about
4 ft (1.3 m) deep during the period of
maximum inundation (November to
April) (Bauder 1999, p. 13; CDPR 2002,
pp. 62–63). The pool shrinks in size as
the seasons progress, sometimes
remaining wet in the center and other
times drying out completely.
Additionally, a small population (36
individuals) of Trichostema
austromontanum ssp. compactum was
once observed less than 300 ft (100 m)
outside of the Hidden Lake area of
inundation (Fraga and Wall 2007, p. 10).
This area is within the vernal pool’s
watershed, and is within the
aforementioned Natural Preserve and
State Wilderness.
Several studies have examined the
breeding system, habitat parameters,
and micro-distribution of Trichostema
austromontanum ssp. compactum and
its relatives (Lewis 1945, pp. 276–303;
Lewis 1960, pp. 93–97; Spira 1980, pp.
278–284; Bauder 1999, pp. 1–41). Seeds
of T. a. ssp. compactum typically
germinate in early July, and plants
complete their life cycle as the
temperature begins to drop to freezing
(October to November) (Fraga and Wall
2007, pp. 2–5). Plants generally flower
between July and September, but
flowering has been documented as late
as November (Bauder 1999, p. 1; Fraga
and Wall 2007, pp. 4–5). Fruits and
seeds begin to develop in early August
and continue to develop until November
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(Fraga and Wall 2007, pp. 2–5).
Trichostema austromontanum ssp.
compactum has no documented
pollinators and is self-compatible
(flowers are able to be fertilized by
pollen from of the same plant) (89.1
percent seed set with the exclusion of
pollinators) (Spira 1980, p. 282). Spira
(1980, p. 280) also found that insects
visiting the other subspecies of T.
austromontanum lacked pollen grains
on their dorsal surface (which is needed
for the transfer of pollen to stigma) and,
therefore, were not acting as effective
pollinators. This suggests that flowers of
both subspecies of this species are not
commonly pollinated by insects and are
likely self-fertilized (Spira 1980, pp.
280–283).
Trichostema austromontanum ssp.
compactum produces seeds that exhibit
characteristics that relate to its
adaptation to variable environmental
conditions. In nature, plants occur
around the margins of Hidden Lake in
open soil that is exposed during the
summer after the water recedes (Bauder
1999, p. 37). A germination study of T.
a. ssp. compactum was conducted by
Bauder (1999) using controlled light and
temperature growing chambers. Results
from the study indicated that daily
temperature maxima must be in the
range of 77 to 86 degrees Fahrenheit (°F)
(25 to 30 degrees Celsius (°C)) for
germination to occur (Bauder 1999, p.
37). This study also showed that seeds
require a period of cold stratification
and a cycle of wet and dry conditions
to break their dormancy (Bauder 1999,
pp. 28–30, 37). A large portion of the
seeds produced by T. a. ssp. compactum
did not germinate in this study and a
subsequent germination study
conducted by staff at Rancho Santa Ana
Botanic Garden (RSABG). The authors
of both reports suggested that seeds that
do not germinate remain in the soil as
a seed bank over multiple seasons until
specific environmental and
physiological conditions are met
(Bauder 1999, p. 37; RSABG 2009, p. 5;
see also Baskin and Baskin 1989, pp.
54–66).
The soil seed bank provides a
buffering mechanism for this taxon
against the variability of its habitat
conditions and periodic drought years.
For example, there may be a year when
Hidden Lake dries atypically fast or is
subject to a seasonal inundation (e.g.,
from a late-summer thunderstorm),
which may lead to a catastrophic loss of
a standing population prior to seed set.
Thus, a soil seed bank offsets the loss of
seeds in poor years. This strategy helps
Trichostema austromontanum ssp.
compactum to persist in a variable
environment, similar to other species
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adapted to vernal pool habitat or desert
environments (Philippi 1993, pp. 481–
484; Simovich and Hathaway 1997, pp.
41–43). Due to the complex nature of
this strategy to persist through varied
conditions, we will recommend as part
of the PDM plan to conduct research on
seed viability, seed longevity, and
reproductive potential of standing
plants to better understand the longterm health of this subspecies and the
likelihood that the small occurrence can
persist.
Range, Distribution, Abundance, and
Habitat
Surveys have shown that the
population size of Trichostema
austromontanum ssp. compactum
differs greatly from year to year. This
fluctuation may be due to the amount of
precipitation, the extent of suitable
habitat along the margins of the lake, or
a combination of factors. The
population has been documented to be
as large as 243,000 individuals in 2012,
to as few as 75 individuals in 2000
(Fraga and Wall 2010, p. 6; CNDDB
2011, p. 1; Fraga 2016, pers. comm.).
Despite the annual differences in
population size, the population is
considered stable because the variation
in population size is primarily due to
natural factors and because similar
variations are seen over a multi-year
period.
Trichostema austromontanum ssp.
compactum seeds germinate around the
margin of Hidden Lake as the ponded
water evaporates (Bauder 1999, pp. 20–
23). Though the highest density of
plants has been observed in different
portions of the vernal pool margin,
observations of T. a. ssp. compactum
were most abundant on the northern
margin of the vernal pool (Fraga and
Wall 2007, p. 4). This area likely
receives more sunlight due to the lack
of trees just to the south where the pool
is located. A small subpopulation is
located in a swale (a low area where
runoff collects) approximately 300 ft (91
m) away to the northeast from the vernal
pool between the Desert View Overlook
and Hidden Lake.
Pre-Listing Threats
From the 1920s to the 1980s, Hidden
Lake was a popular destination in the
Park for hikers and equestrians. In 1964,
a tram was constructed that greatly
increased the number of visitors to the
Park. In the 1970s and 1980s, a movie
was shown to tram-riders that included
images of people swimming at Hidden
Lake (Hamilton 1983, p. 96). The high
number of visitors to Hidden Lake,
combined with the lack of regulations
on the use of Hidden Lake, threatened
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the rare and unique community of
plants and animals found at this high
montane vernal pool. There was special
concern for the continued existence of
Trichostema austromontanum ssp.
compactum because Hidden Lake was
the only location where this subspecies
occurred. Researchers found that in
cases of heavy trampling, the number of
T. a. ssp. compactum plants that
survived to produce flower was greatly
reduced (Hamilton 1991, p. 22). The
Service and others were concerned that
without the protections and
implementation of proper management
actions, T. a. ssp. compactum could
become endangered and possibly
extinct. Trichostema austromontanum
ssp. compactum was subsequently
listed as a threatened species due to
vulnerabilities associated with
trampling and due to its limited
numbers (63 FR 49006).
Recovery Implementation
A formal recovery plan for
Trichostema austromontanum ssp.
compactum has not been prepared, and,
therefore, specific delisting criteria have
not been developed for the subspecies.
However, the Service reviewed the
status of the subspecies in the 2006 and
2013 5-year reviews (Service 2006;
2013). In those reviews, the Service
identified remaining threats to the taxon
and actions that could be taken to make
progress in addressing those threats and
ensuring long-term management. These
included demonstrating that: (1)
Management by CDPR has been
effective; (2) stochastic threats are not
significant; and (3) sufficient seed is
banked for reintroduction after an
adverse stochastic event (Service 2013,
pp. 14–15). We identified in the 2009
Spotlight Species Action Plan (Service
2009, pp. 2–4, 6) specific actions that
would ameliorate threats and ensure
long-term management:
(1) Continue work with CDPR as
partners to monitor visitor use at
Hidden Lake;
(2) Monitor population and habitat of
Trichostema austromontanum ssp.
compactum;
(3) Complete collections for seed
banking;
(4) Devise long-term protocol for seed
banking and use of seeds in recovery;
and
(5) Finalize the Conservation Strategy
and a long-term management plan for
the subspecies, and a long-term
agreement with CDPR that will include
established monitoring and the
implementation of an adaptive
management plan.
Existing conservation efforts for each
of these actions are discussed below.
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(1) Continue Work With CDPR as
Partners To Monitor Visitor Use at
Hidden Lake
Monitoring of visitor use at Hidden
Lake was conducted by CDPR from 2007
to 2015 (Kietzer 2011a, pp. 4–5).
Although unauthorized access to the
area appears to have been minimized
(Fraga and Wall 2010, p. 5; Kietzer
2011a, pp. 4–5), CDPR will continue to
monitor visitor use as described in the
draft PDM plan. This action has been
fully implemented, and we expect
implementation to continue as part of
the PDM plan and Conservation
Strategy.
(2) Monitor Population and Habitat of
Trichostema austromontanum ssp.
compactum
In coordination with the Service,
CDPR and RSABG developed a
monitoring protocol for Trichostema
austromontanum ssp. compactum
resulting from several years of
investigation (2006 to 2009), which
included mapping the area of
occupancy of T. a. ssp. compactum
around Hidden Lake and conducting
census counts to estimate population
size (Fraga and Wall 2010, pp. 4–6;
Fraga and Kietzer 2012, p. X).
Additionally, equipment for monitoring
Hidden Lake’s microclimate and its
effects on the lake level was installed by
CDPR in 2010 (Kietzer 2011a, pp. 2–3;
Kietzer 2011b, p. 4). Over the past few
years, CDPR and RSABG have worked
together to develop and implement a
more robust statistical sampling
method. Initial results suggest that plant
numbers were previously
underestimated in annual surveys
(Kietzer 2016, pers. comm.). Monitoring
of this taxon and its habitat will
continue as described in the draft PDM
plan and Conservation Strategy.
(3) Complete Collections for Seed
Banking
Collection of Trichostema
austromontanum ssp. compactum seeds
and establishment of an ex situ (off-site)
conservation seed bank at RSABG
occurred over 3 years (2006, 2008, and
2009). For security purposes, back-up
samples from each year’s collections
will be stored at the U.S. Department of
Agriculture’s National Center for
Genetic Resource Preservation in Fort
Collins, Colorado (Fraga and Wall 2010,
p. 7). This provides insurance against
the subspecies going extinct if the
natural occurrence were extirpated due
to an adverse stochastic event or other
circumstances (such as disease or
prolonged drought).
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(4) Devise Long-Term Protocol for Seed
Banking and Use of Seeds in Recovery
Trichostema austromontanum ssp.
compactum seeds collected at Hidden
Lake are being stored at RSABG.
Germination trials will be conducted at
regular intervals to determine a longterm protocol for seed banking and use
of seeds in recovery. This project is
ongoing and is discussed in further
detail in the draft PDM plan.
(5) Finalize the Conservation Strategy
and a Long-Term Management Plan for
the Subspecies, and a Long-Term
Agreement With CDPR That Will
Include Established Monitoring and the
Implementation of an Adaptive
Management Plan
A Conservation Strategy was
developed that outlined additional
conservation actions for this taxon
(Fraga and Kietzer 2009, pp. 1–29),
which was used as the foundation for
the draft PDM plan. Methods for longterm monitoring of this taxon are
discussed further in the draft PDM plan
(see ADDRESSES for information on
viewing the draft PDM plan).
Summary of Factors Affecting
Trichostema austromontanum ssp.
compactum
Section 4 of the Act and its
implementing regulations (50 CFR part
424) set forth the procedures for listing
species on, reclassifying species on, or
removing species from the Lists of
Endangered and Threatened Wildlife
and Plants. ‘‘Species’’ is defined by the
Act as including any species or
subspecies of fish or wildlife or plants,
and any distinct 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 species
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. A species may be reclassified
on the same basis.
A recovered species is one that no
longer meets the Act’s definition of
endangered species or threatened
species. Determining whether a species
is recovered requires consideration of
whether the species is still an
endangered species or threatened
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species because of any of the five
categories of threats specified in section
4(a)(1) of the Act. For species that are
already listed as endangered or
threatened species, this analysis of
threats is an evaluation of both the
threats currently facing the species and
those that are reasonably likely to affect
the species in the foreseeable future
following the delisting or downlisting
(i.e., reclassifying a species from an
endangered species to a threatened
species) 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
Act does not define the term
‘‘foreseeable future.’’ For this proposed
delisting rule, our forecast of future
impacts is based on a review of the
period of available data for each stressor
and, when possible, a projection of the
situation at least for a similar time
period into the future. For example:
• The effect of trampling on
Trichostema austromontanum ssp.
compactum can be addressed through
management of hikers and equestrians,
which CDPR does through
implementing regulatory mechanisms.
CDPR started addressing the impacts
about the time the subspecies was
listed, in particular with the Mount San
Jacinto State Park general plan update in
2002. This plan serves as a ‘‘long-range
management tool’’ by providing
‘‘conceptual parameters for future
management actions’’ (CDPR 2002, p. 3).
To assess the timeframe of this
regulatory mechanism, we note that it
does not include an ‘‘expiration date’’ or
equivalent. Further, we note that in
2010, CDPR changed its approach to the
duration of a given Park’s general plan,
stating in its Planning Handbook (CDPR
2010, p. 17) that CDPR previously
considered general plans to have a 15to 20-year planning horizon or lifespan.
Under the current planning structure of
broad, goal-oriented general plans and
subordinate, more focused management
plans, general plans are no longer
thought of as having expiration dates or
a finite life span when they would be
considered invalid. General plans are
reconsidered for amendments or
revisions when circumstances and
needs dictate, such as additional land
acquisitions and/or substantial
development considerations that were
not addressed in the general plan or
evaluated during the general plan
process.
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Thus, for trampling, we have about a
15-year record of management actions to
benefit Trichostema austromontanum
ssp. compactum that are linked to the
general plan’s implementation, and
because the general plan is a long-term
document (more than 15 to 20 years),
we expect that management will
continue into the future for at least 20
years. At the future point when the
general plan is updated, the public—
including the Service—will have the
opportunity to review and comment on
the new general plan under the State’s
California Environmental Quality Act
(CEQA) process (independent of the
subspecies’ listing status).
• The timeline for the effects of small
populations is inherently difficult to
assess, and the effects are inherently
difficult to address. This is especially
true for a population that is naturally
small, which is the case for Trichostema
austromontanum ssp. compactum.
Population trend data can help with that
assessment. As detailed in the draft
PDM plan, we have at least rough
estimates of population size going back
to 1979, though with a gap between
1993 and 2006, when more formalized
monitoring began. Thus, we have a
general idea about the population’s size
over a span of about 40 years.
• Although information exists
regarding potential impacts from
climate change beyond a 50-year
timeframe, the projections depend on an
increasing number of assumptions, and
thus become more uncertain with
increasingly large timeframes.
Therefore, a timeframe of 50 years is
used to provide the best balance of
scope of impacts considered, versus
certainty of those impacts.
A. The Present or Threatened
Destruction, Modification, or
Curtailment of Its Habitat or Range
No threats to the habitat of
Trichostema austromontanum ssp.
compactum were identified in the final
listing rule (63 FR 49006). Present or
threatened destruction, modification, or
curtailment of T. a. ssp. compactum’s
habitat or range is not now a threat, nor
do we expect it to be in the future. The
land where T. a. ssp. compactum occurs
is owned and managed by the Mount
San Jacinto State Park and is located
within a California State Park Natural
Preserve, which is surrounded by the
San Jacinto State Wilderness Area
(CDPR 2002, pp. 62–63). Because the
only known occurrence of this
subspecies is on State-owned land
designated as State Wilderness inside a
State Park, and the Hidden Lake area
has been designated as the Hidden Lake
Divide Natural Preserve, the subspecies
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and its habitat are protected from any
development or other modification of
habitat. Some habitat disturbance from
recreational activities has occurred in
the past. As discussed below, surveys
have been conducted at Hidden Lake in
recent years and observers found that
habitat disturbances have been
minimized (Fraga and Wall 2010, p. 5).
We anticipate that these conditions will
remain essentially the same in the
future because of the CDPR’s
implementation of the Park’s general
plan.
B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
In the 1998 final listing rule, no
threats to Trichostema austromontanum
ssp. compactum were attributed to
Factor B (63 FR 49006). Since listing, we
are only aware of the collections of seed
and plant material by Serviceauthorized permittees for the purpose of
creating a conservation seed bank for
this taxon at RSABG (USFWS permit
#TE00918–3). These permitted
collections were conducted by trained
individuals, following Service
guidelines to minimize effect on the
population of T. a. ssp. compactum. If
the subspecies is delisted, no Service
permit would be required. However, the
Park would continue to manage access
and special use permits as required by
the Park, and any future collection
would be consistent with conservation
management for the subspecies, such as
for continued monitoring or research. In
conclusion, we find that there are no
threats now nor are there likely to be
any threats in the future to T. a. ssp.
compactum, throughout its range,
related to overutilization for
commercial, recreational, scientific, or
educational purposes.
C. Disease or Predation
No threats to Trichostema
austromontanum ssp. compactum were
attributed to Factor C in the 1998 listing
rule (63 FR 49006). We have no data to
suggest that herbivory or disease are
affecting T. a. ssp. compactum, nor do
we have data that suggest impacts will
become a threat in the future. Therefore,
we find that there are no threats now
nor are there likely to be any threats in
the future to T. a. ssp. compactum,
throughout its range, related to disease
or predation.
D. The Inadequacy of Existing
Regulatory Mechanisms
In our discussion under Factors A, B,
C, and E, we evaluate the significance of
threats as mitigated by any conservation
efforts and existing regulatory
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mechanisms. Where threats exist, we
analyze the extent to which
conservation measures and existing
regulatory mechanisms address the
specific threats to the species.
Regulatory mechanisms, if they exist,
may reduce or eliminate the impacts
from one or more identified threats.
Although inadequacy of existing
regulatory mechanisms was not
specifically identified as a threat to
Trichostema austromontanum ssp.
compactum at the time of listing, we did
discuss the very limited number of
protections that existed for the
subspecies (63 FR 49006). Specifically,
we discussed conservation provisions
under section 404 of the Federal Clean
Water Act (CWA; 33 U.S.C. 1251 et seq.)
and land management of CDPR at the
Park.
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Section 404 of the Federal Clean Water
Act (CWA)
Under section 404 of the Federal
CWA, the U.S. Army Corps of Engineers
(Corps) regulates the discharge of fill
material into waters of the United
States, which include navigable and
isolated waters, headwaters, and
adjacent wetlands (33 U.S.C. 1344). Any
action with the potential to impact
waters of the United States must be
reviewed under the Federal CWA,
National Environmental Policy Act (42
U.S.C. 4321 et seq.), and (when listed
species may also be impacted) the Act.
However, because the only known
occurrence of this subspecies was on
State-owned land designated as a State
Wilderness inside a State Park, we
believed at the time the subspecies was
listed that it was unlikely that fill
materials will be discharged and thus
protections associated with section 404
of the Federal CWA would not be
relevant. Now, Hidden Lake is within an
area designated by the State as Natural
Preserve, which itself is within State
Wilderness. As such, we continue to
believe that it is unlikely that an action
will occur that would trigger section 404
of the Federal CWA.
California Department of Parks and
Recreation (CDPR)
As discussed above, the entire known
distribution of Trichostema
austromontanum ssp. compactum
occurs at a single vernal pool known as
Hidden Lake, owned by the State of
California and managed by CDPR.
Under existing regulatory mechanisms
enacted by the State of California, CDPR
manages specifically for the
conservation of the subspecies. While
discussion of CDPR’s management of
many aspects of the conservation needs
of the subspecies might also be
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appropriately discussed under other
factors (e.g., eliminating trails to
maintain natural drainage could also be
discussed under factor A; efforts to
reduce and manage impacts from
recreational activities could also be
discussed under factor E), it is included
here for ease of discussion since CDPR’s
authority to provide for the continued
conservation of the species flows from
regulatory protections provided by state
regulations, designations, and the park’s
general plan. Such management was
being implemented before listing and is
being implemented today. Prior to
listing, the protections included actions
to reduce impacts from visitors by
removing references to Hidden Lake
from trail maps and signs. Since listing,
the CDPR installed barriers in 2000, to
exclude equestrian use of the area
surrounding Hidden Lake (Guaracha,
CDPR, 2006, pers. comm.), thereby
reducing the threat of trampling to the
subspecies (see Factor E discussion,
below).
As a part of the 2002 general plan for
Mount San Jacinto State Park, CDPR
designated Hidden Lake and its
associated watershed area as the Hidden
Divide Natural Preserve (Preserve)
(CDPR 2002, pp. 62–63). As a Preserve,
the 255-acre (103-ha) area is afforded
regulatory protection under California
Public Resources Code section 5019.71,
which states, ‘‘[t]he purpose of natural
preserves shall be to preserve such
features as rare or endangered plant and
animal species and their supporting
ecosystems.’’ This allows CDPR to
manage Hidden Lake specifically for the
conservation of Trichostema
austromontanum ssp. compactum and
other sensitive resources found in the
area, as opposed to pre-designation
when recreational use was part of
management considerations. We
summarize below the management
actions CDPR has taken for the
conservation of the subspecies
associated with management under the
natural preserve designation.
With funding from the Service’s
Showing Success Grant Program (a
Service initiative, discontinued in 2012,
that provided funding for final actions
needed to bring a species to the point
it could be downlisted or delisted),
CDPR conducted a survey of the
Preserve boundary and erected signs
along the official trail informing visitors
that off-trail hiking is prohibited in the
Preserve. Additionally, these funds were
used to install an automated weather
station, conduct monitoring of
unauthorized visitors, and establish
monitoring protocols for Trichostema
austromontanum ssp. compactum in
coordination with RSABG and the
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Service, which will allow for future
management of the area and visitors’
activity based on the regulatory
mechanisms now available.
Additionally, CDPR has recently
constructed the Hidden Divide Trail to
minimize impacts to Trichostema
austromontanum ssp. compactum from
now-unauthorized access, while
facilitating future authorized but
restricted visits to the Preserve. This
process involved eliminating an existing
unauthorized trail and moving it
approximately 20 to 40 ft (6 to 12 m)
upslope and away from the margin of
Hidden Lake where the largest portion
of T. a. ssp. compactum occurs. The
trail bed is incorporated into the
existing slope where it should be easier,
compared to the unauthorized trial, to
maintain natural drainage patterns in
the Hidden Lake’s watershed.
Inspections of the completed trail will
take place by trained CDPR staff during
peak seasons, and maintenance will
occur as needed to prevent alteration of
natural hydrology. The new Hidden
Divide Trail will not directly connect to
other Park trails and will remain off
maps and unadvertised by Park staff.
Once completed, CDPR will allow
access to the trail through a limited
permit system or guided tour only for
those visitors who inquire about the
site. Horses will not be allowed. The
trail will provide some viewing areas
with interpretive signs to educate
visitors about the unique ecosystem
supporting Trichostema
austromontanum ssp. compactum.
Fencing has been erected along the trail
to restrict physical access to Hidden
Lake; signs will also help minimize offtrail use.
Based on the regulatory mechanisms
now available, CDPR will increase
visitor monitoring and begin a zerotolerance program, issuing citations to
off-trail visitors within the Preserve
(Fraga and Kietzer 2009, pp. 16–17).
Finally, adaptive management
techniques will be applied. For
example, CDPR will monitor
Trichostema austromontanum ssp.
compactum populations and visitor use
of the Hidden Lake area; the combined
information will allow CDPR to control
visitation, minimizing impact to the
subspecies and its habitat (Fraga and
Kietzer 2009, p. 22).
Additionally, Hidden Lake and the
Hidden Divide Natural Preserve are
within an area designated as State
Wilderness. California Public Resources
Code section 5019.68 recognizes such
areas, ‘‘as areas where the earth and its
community of life are untrammeled by
man and where man himself is a visitor
who does not remain.’’ California Public
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Resources Code sections 5093.30–
5093.40, the California Wilderness Act,
also states that wilderness areas,
including Mount San Jacinto State
Wilderness, ‘‘shall be administered for
the use and enjoyment of the people in
such manner as will leave them
unimpaired for future use and
enjoyment as wilderness, provide for
the protection of such areas, [and]
preserve their wilderness character.’’ As
the Conservation Strategy for the
subspecies notes, ‘‘Being within a
Natural Preserve and a State Wilderness
Area provides [Trichostema
austromontanum] ssp. compactum the
highest level of protection for natural
resources that the State Park System has
to offer’’ (Fraga and Kietzer 2009, p. 19).
Thus, these regulatory mechanisms will
help minimize likelihood of future
threats to T. a. ssp. compactum and its
habitat at Hidden Lake.
These protections enacted by the
CDPR associated with the Preserve are
expected to remain should this
subspecies be delisted, and we believe
these protections are adequate to reduce
or eliminate existing or potential future
threats to Trichostema austromontanum
ssp. compactum now and in the future.
Summary of Factor D
We believe that, in absence of the
protections afforded by the Act, the
other existing regulatory mechanisms
will continue to provide adequate
protections to ensure that threats to
Trichostema austromontanum ssp.
compactum are controlled through
management and monitoring programs
established by CDPR. Listing under the
Act provided support for the Service
and CDPR to establish management and
monitoring programs to provide for the
conservation of T. a. ssp. compactum. If
this subspecies is removed from the
Federal List of Endangered and
Threatened Plants, the primary
protections for T. a. ssp. compactum
will be provided by CDPR through
conservation actions to benefit the
subspecies in the Preserve. These
protections are applied in connection
with the Park’s existing general plan,
and we expect that they will remain
unchanged at least until a new plan is
adopted, which would not occur until
circumstances or needs dictate and,
moreover, would not occur without the
opportunity of review and comment by
the Service and public. This, in turn,
would likely mean that any changes to
the protections provided by the new
general plan would not result in
substantial impacts to T. a. ssp.
compactum. In conclusion, we find that
the currently existing regulatory
mechanisms described above are
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adequate, and they will remain adequate
to protect T. a. ssp. compactum and its
habitat across its range now and in the
future.
E. Other Natural or Manmade Factors
Affecting Its Continued Existence
In the 1998 final listing rule, we
stated that Trichostema
austromontanum ssp. compactum was
particularly vulnerable to trampling by
recreational visitors and that the
subspecies’ low numbers and extremely
localized range further made it more
susceptible to disturbance, which
included trampling during the flowering
season (63 FR 49006, pp. 49016–49017).
In our 2013 5-year review (Service 2013,
pp. 13–14), we also identified effects
associated with global climate change as
potential threats, which were not
considered at the time of listing.
Trampling, low numbers of individuals,
and climate change are discussed below.
Trampling
At the time of listing, the trampling
threat to Trichostema austromontanum
ssp. compactum was due to its
extremely narrow endemic habitat and
easy accessibility to Hidden Lake from
the trail, just over a mile from the
tramway (63 FR 49006). This site
became increasingly popular with the
development of the Palm Springs Aerial
Tramway in 1964, and the Desert Divide
Trail in 1979. Measures such as
removing references to Hidden Lake
from State Park interpretive materials
and eliminating existing trails helped to
ameliorate impacts from visitors, but
did not prevent all trampling impacts.
The 1998 listing rule (63 FR 49006)
indicated the subspecies continued to
experience ongoing impacts from
trampling by hikers and horses at that
time.
Since listing, CDPR, in cooperation
with RSABG staff, finalized the
Conservation Strategy for Trichostema
austromontanum ssp. compactum
(Hidden Lake bluecurls; Lamiaceae)
(Fraga and Kietzer 2009, entire), and
CDPR has completed several actions to
minimize the threat of trampling to the
subspecies (Fraga and Kietzer 2009, pp.
25–26). CDPR reduced the likelihood of
visitation to the area (by both humans
and horses) by removing references to
Hidden Lake from trails, maps, and
signs in the Park, and physically
obscuring trails to the lake (72 FR
54377; see also Fraga and Kietzer 2009,
p. 16). Additionally, CDPR installed a
wooden barrier fence at historical access
points to exclude equestrian use (Fraga
and Kietzer 2009, p. 16). CDPR also
designated Hidden Lake and its
associated watershed area as a Natural
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Preserve as part of their 2002 general
plan revision (CDPR 2002, pp. 62–63),
as discussed under Factor D, above.
Although a low number of hikers
currently access the Hidden Lake area
despite efforts to exclude visitors from
the area, impacts from trampling appear
to have been minimized (Fraga and Wall
2010, p. 5; Kietzer 2011a, pp. 4–5).
Furthermore, there is no evidence that
horses have had access to the area
around Hidden Lake since the
exclusionary fences were installed in
2000 (Fraga and Kietzer 2009, p. 13;
Fraga and Wall 2010, p. 5).
We expect that most of these
measures to benefit Trichostema
austromontanum ssp. compactum will
remain in place for at least the next few
decades while the 2002 general plan is
active. Further, we expect future general
plans to continue to prevent impacts to
T. a. ssp. compactum because,
compared to the time of listing, CDPR is
more aware of how certain recreational
uses of Hidden Lake are incompatible
with the conservation of the subspecies
and have taken measures to minimize
future impacts. This is illustrated by
CDPR’s formal designation of the
Preserve. Thus, trampling of T. a. ssp.
compactum by hikers and horses has
largely been eliminated, and there is
little likelihood that trampling will be a
threat to the subspecies in the future.
Low Numbers of Individuals
In the final listing rule (63 FR 49006),
we described the vulnerabilities
associated with low numbers, stating
that the limited numbers and extremely
localized range of Trichostema
austromontanum ssp. compactum make
this taxon more susceptible to single
disturbance events such as trampling
during the flowering season or alteration
of the local water table from soil
compression. However, the 1998 final
rule did not provide details explaining
why we concluded that the subspecies
was more susceptible to disturbance.
We provide additional explanation in
our 2013 5-year review (Service 2013, p.
12), in which we note that conservation
biology literature (such as Shaffer 1981,
pp. 131–134; 1987, pp. 69–86; Primack
1998, pp. 301–308; Leppig and White
2006, pp. 264–274) commonly notes the
increased vulnerability of taxa known
from only one or very few locations and
when only small populations exist. We
then explained that the threat associated
with low numbers of individuals was
based on the idea that in years when
there were fewer than 100 individual
plants, very little seed was produced,
resulting in a species that may not
persist on its own.
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Based on new information since the
time of listing, we now know that it is
likely that Trichostema
austromontanum ssp. compactum is
able to survive years with poor
conditions and very few flowering
plants because of the existing, naturally
occurring, on-site seed bank in the soil
(Bauder 1999, p. 37). The majority of
seeds of T. a. ssp. compactum produced
each year are likely deposited in the
soils of the basin of Hidden Lake
because there are no known means of
seed dispersal. We have also found
through germination experiments that
only a small percentage of seeds
germinate, even when conditions are
appropriate (Bauder 1999, p. 28; Fraga
and Wall 2009, p. 5). This suggests that
some proportion T. a. ssp. compactum
seeds likely remain dormant in the soil
and survive through years lacking
adequate environmental conditions for
plants to reach maturity and reproduce.
In the draft PDM plan, we recommend
monitoring reproductive success of the
taxon, because it may be cause for
concern if the reproductive potential
decreases. Data collected since 1980 on
this taxon show that the standing
population size fluctuates from fewer
than 100 to greater than 10,000 plants,
but the presence of a persistent soil seed
bank has allowed the subspecies to
persist. The differences in standing
population size of T. a. ssp. compactum,
especially absent evidence of trampling,
may still be best characterized as natural
variation or fluctuation tied to the
annual water level of Hidden Lake
(Bauder and McMillan 1998, pp. 63–66;
Bauder 1999, pp. 13–17). In this
manner, we believe that the low
numbers of individuals in some years is
a temporary phenomenon and does not
pose a long-term threat to this plant.
Nevertheless, an ex situ seed bank (an
off-site, artificial collection of seeds
held in special climate-controlled
conditions for long-term storage) has
been established and is discussed
further in the draft PDM plan.
As noted in the 2013 5-year review
(Service 2013, pp. 12–13), species
known from only one or a few
populations, or that exist in populations
with low numbers of individuals, are
more vulnerable to stochastic (random)
events. For example, a fire, flood, or
drought is likely to be more devastating
to a small, localized population than to
a large, widespread population. The
effects of small populations
experiencing increased vulnerability to
stochastic events have not been
documented for Trichostema
austromontanum ssp. compactum in the
past, nor were specific concerns
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discussed in detail in the final listing
rule (63 FR 49006). While it is possible
that stochastic events could impact this
subspecies in the future, we have no
evidence that any potential catastrophic
events have a reasonable likelihood of
occurring. In addition, we do not
believe that this potential threat alone is
significant enough to cause long-term
population declines because the natural
persistent seed bank in the soil would
likely survive such events. However,
collection of Trichostema
austromontanum ssp. compactum seeds
and establishment of an ex situ (off-site)
conservation seed bank at RSABG
occurred over 3 years (2006, 2008, and
2009). This provides insurance against
the subspecies going extinct if the
natural occurrence were extirpated due
to an adverse stochastic event or other
circumstances (such as disease or
prolonged drought).
Climate Change
Here, we consider observed or likely
environmental changes resulting from
ongoing and projected changes in
climate. The 1998 listing rule did not
discuss the potential impacts of climate
change on Trichostema
austromontanum ssp. compactum or its
habitat (63 FR 49006). As defined by the
Intergovernmental Panel on Climate
Change (IPCC), the term ‘‘climate’’ refers
to the mean and variability of different
types of weather conditions over time,
with 30 years being a typical period for
such measurements, although shorter or
longer periods also may be used (IPCC
2013a, p. 1,450). The term ‘‘climate
change’’ thus refers to a change in the
mean or the variability of relevant
properties, which persists for an
extended period, typically decades or
longer, due to natural conditions (e.g.,
solar cycles) or human-caused changes
in the composition of atmosphere or in
land use (IPCC 2013a, p. 1,450).
Scientific measurements spanning
several decades demonstrate that
changes in climate are occurring. In
particular, warming of the climate
system is unequivocal, and many of the
observed changes in the last 60 years are
unprecedented over decades to
millennia (IPCC 2013b, p. 4). The
current rate of climate change may be as
fast as any extended warming period
over the past 65 million years and is
projected to accelerate in the next 30 to
80 years (National Research Council
2013, p. 5). Thus, rapid climate change
is adding to other sources of extinction
pressures, such as land use and invasive
species, which will likely place
extinction rates in this era among just a
handful of the severe biodiversity crises
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1303
observed in Earth’s geological record
(AAAS 2014, p. 17).
Examples of various other observed
and projected changes in climate and
associated effects and risks, and the
bases for them, are provided for global
and regional scales in recent reports
issued by the IPCC (2013c, 2014), and
similar types of information for the
United States and regions within it can
be found in the National Climate
Assessment (Melillo et al. 2014, entire).
Results of scientific analyses
presented by the IPCC show that most
of the observed increase in global
average temperature since the mid-20th
century cannot be explained by natural
variability in climate and is ‘‘extremely
likely’’ (defined by the IPCC as 95 to 100
percent likelihood) due to the observed
increase in greenhouse gas (GHG)
concentrations in the atmosphere as a
result of human activities, particularly
carbon dioxide emissions from fossil
fuel use (IPCC 2013b, p. 17 and related
citations).
Scientists use a variety of climate
models, which include consideration of
natural processes and variability, as
well as various scenarios of potential
levels and timing of GHG emissions, to
evaluate the causes of changes already
observed and to project future changes
in temperature and other climate
conditions. Model results yield very
similar projections of average global
warming until about 2030, and
thereafter the magnitude and rate of
warming vary through the end of the
century depending on the assumptions
about population levels, emissions of
GHGs, and other factors that influence
climate change. Thus, absent extremely
rapid stabilization of GHGs at a global
level, there is strong scientific support
for projections that warming will
continue through the 21st century, and
that the magnitude and rate of change
will be influenced substantially by
human actions regarding GHG
emissions (IPCC 2013b, 2014; entire).
Global climate projections are
informative, and in some cases, the only
or the best scientific information
available for us to use. However,
projected changes in climate and related
impacts can vary substantially across
and within different regions of the
world (e.g., IPCC 2013c, 2014; entire)
and within the United States (Melillo et
al. 2014, entire). Therefore, we use
‘‘downscaled’’ projections when they
are available and have been developed
through appropriate scientific
procedures, because such projections
provide higher resolution information
that is more relevant to spatial scales
used for analyses of a given species (see
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Glick et al. 2011, pp. 58–61, for a
discussion of downscaling).
Various changes in climate may have
direct or indirect effects on species.
These may be positive, neutral, or
negative, and they may change over
time, depending on the species and
other relevant considerations, such as
interactions of climate with other
variables like habitat fragmentation (for
examples, see Franco et al. 2006;
Forister et al. 2010; Galbraith et al.
2010; Chen et al. 2011; Bertelsmeier et
al. 2013, entire). In addition to
considering individual species,
scientists are evaluating potential
climate change-related impacts to, and
responses of, ecological systems, habitat
conditions, and groups of species (e.g.,
Deutsch et al. 2008; Berg et al. 2010;
Euskirchen et al. 2009; McKechnie and
Wolf 2010; Sinervo et al. 2010;
Beaumont et al. 2011; McKelvey et al.
2011; Rogers and Schindler 2011;
Bellard et al. 2012).
Regional temperature observations are
often used as an indicator of how
climate is changing. The Western
Regional Climate Center (WRCC) has
defined 11 climate regions for
evaluating various climate trends in
California (Abatzoglou et al. 2009, p.
1535). The relevant WRCC climate
region for the distribution of
Trichostema austromontanum ssp.
compactum within the San Jacinto
Mountains is the Southern Interior
Region.
Two indicators of temperature, the
increase in mean temperature and the
increase in maximum temperature, are
important for evaluating trends in
climate change in California. For the
Southern Interior climate region, linear
trends (evaluated over a 100-year time
period) indicate an increase in mean
temperatures (January through
December) of approximately 1.71 °F (±
0.47 °F per 100 years) (0.95 ± 0.26 °C per
100 years) since 1895, and 3.11 °F (±
1.16 °F per 100 years) (1.73 ± 0.64 °C per
100 years) since 1949 (WRCC 2016).
Similarly, the maximum temperature
100-year trend for the Southern Interior
Region shows an increase of about 1.48
°F (± 0.57 °F per 100 years) (0.82 ± 0.32
°C per 100 years) since 1895, and 2.54
°F (± 1.38 °F per 100 years) (1.41 ± 0.77
°C per 100 years) since 1949 (WRCC
2016). It is logical to assume the rate of
temperature increase for this region is
higher for the second time period (i.e.,
since 1949) than for the first time period
(i.e., since 1895) due to the increased
use of fossil fuels in the 20th century.
Climate models provide climate
projections into the future, which help
inform our evaluations of potential
future impacts, but these projections
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become more uncertain with
increasingly large timeframes. Pierce et
al. (2013, entire) presented both
Statewide and regional probabilistic
estimates of temperature and
precipitation changes for California (by
the 2060s) using downscaled data from
16 global circulation models and 3
nested regional climate models. The
study looked at a historical (1985–1994)
and a future (2060–2069) time period
using the IPCC Special Report on
Emission Scenarios A2 (Pierce et al.
2013, p. 841), which is an IPCC-defined
scenario used for the IPCC’s Third and
Fourth Assessment reports, and is based
on a global population growth scenario
and economic conditions that result in
a relatively high level of atmospheric
GHGs by 2100 (IPCC 2000, pp. 4–5; see
Stocker et al. 2013, pp. 60–68, and
Walsh et al. 2014, pp. 25–28, for
discussions and comparisons of the
prior and current IPCC approaches and
outcomes). Importantly, the projections
by Pierce et al. (2013, pp. 852–853)
include daily distributions and natural
internal climate variability.
Simulations using these downscaling
methods project an increase in yearly
temperature for the Southern California
Mountains region ranging from 3.78 °F
to 5.22 °F (2.1 °C to 2.9 °C) by the 2060s
time period, compared to 1985–1994
(Pierce et al. 2013, p. 844). Averaging
across all models and downscaling
techniques, the simulations project a
yearly averaged warming of 4.32 °F (2.4
°C) by the 2060s (Pierce et al. 2013, p.
842).
While we do not have information to
suggest warmer temperatures will
directly impact Trichostema
austromontanum ssp. compactum, there
can be indirect effects. For example,
Williams et al. (2015, p. 6826) found,
‘‘anthropogenic warming has intensified
the recent drought [in California] as part
of a chronic drying trend that is
becoming increasingly detectable,’’ but
they also noted that it was, ‘‘small
relative to the range of natural climate
variability.’’ Shukla et al. (2015, p.
4392) also found that temperature was
an important factor in exacerbating
drought conditions in California in
2014, although they noted that the low
level of precipitation was the primary
driver. Thus, the anticipated increasing
temperatures (driven by global climate
change) are likely to contribute to
increased severity of droughts when
they occur. However, because the
natural climate of California is so
variable, it is not clear whether
increased drought severity will have
substantial impact on T. a. ssp.
compactum, which can take advantage
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of wetter years, when they occur, to
replenish its natural seed bank.
Higher temperatures can also be
expected to result in increased
evaporation, which suggests that
Hidden Lake will likely dry more
quickly over a season. However, the
effects of increased evaporation to
habitat occupied by Trichostema
austromontanum ssp. compactum or to
the plant’s life history are uncertain. For
example, faster evaporation of Hidden
Lake might provide an increased
growing season (more time at the
beginning) because more habitat may be
available earlier in the season (the plant
primarily grows in the dry portions of
the lakebed), or it could result in a
shorter growing season (less time at the
end) because the area dries out too
much and the plants may desiccate
before producing seed, or the two
processes could happen together and
produce a shift in the growing season
(same overall amount of growth time,
just starting earlier in the year).
Observed increases in temperature over
the past 100 years do not appear to have
currently adversely affected the
subspecies. Based on the best available
regional data, current and future trends
do not lead us to conclude that change
in ambient temperature is currently a
threat to T. a. ssp. compactum or likely
to become one in the future.
Precipitation patterns can also be
used as an indicator of how climate is
changing. We obtained yearly
precipitation data for the Idyllwild
region of the San Jacinto Mountains
from the National Oceanic and
Atmospheric Administration’s National
Centers for Environmental Information
(https://www.ncdc.noaa.gov/). We then
conducted a nonparametric correlation
test, the Mann-Kendall statistical test
(Hipel and McLeod 1994, pp. 63–64,
856–858), which is commonly used for
analyzing climatic time series (e.g.,
Ahmad et al. 2015, entire), to evaluate
trends in precipitation over time. This
analysis was conducted using the R and
R Studio software programs (R
Development Core Team 2014) with the
‘‘Kendall’’ package, version 2.2 (McLeod
2011). We found no significant trend in
precipitation over time (increasing or
decreasing) from 1944–2015 (Grizzle
2016, pers. comm.). There is no
information currently available that
would lead us to conclude that potential
changes in the amount of precipitation
are a threat now or likely to be in the
future. However, changes in the timing
and type (rain or snow) of precipitation
could alter the unique environment of
Hidden Lake and potentially impact
habitat where this taxon occurs in the
future. To address this concern, we have
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included monitoring in the draft PDM
plan (see Post-Delisting Monitoring,
below) to provide baseline data on
climatic conditions as well as the
duration and depth of ponding that
occurs at Hidden Lake. Additionally,
the maintenance of the ex situ seed bank
provides some flexibility to respond to
stochastic events including those
associated with a changing climate.
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Summary of Factor E
Management actions implemented at
Hidden Lake by CDPR in recent years
have reduced the threat of trampling to
a minimal level. At the time of listing,
we were concerned that low numbers of
individuals in some years threatened
the existence of Trichostema
austromontanum ssp. compactum.
Since listing, we collected data
suggesting this subspecies has a soil
seed bank and germination mechanisms
that have allowed the taxon to persist
over time, even in years when very few
plants flower and set seed. Low
numbers of individuals in certain years
followed by years with high numbers of
individuals suggests this is a natural
phenomenon for this taxon. We do not
consider stochastic events to be a
substantial threat to T. a. ssp.
compactum or its habitat at this time
because the subspecies’ soil seed bank
will likely persist, allowing future
growth. Climate change was also
identified as a potential threat since
listing, but we do not consider it to be
a substantial threat at this time, and
ongoing management and monitoring is
designed to detect future changes. In
conclusion, we find that other natural or
manmade factors do not represent a
substantial threat to T. a. ssp.
compactum now or in the future.
Finding
No threats attributable to Factors A, B,
or C were identified at the time
Trichostema austromontanum ssp.
compactum was listed in 1998. Threats
identified at the time of listing included
impacts associated with human and
horse trampling (Factor E), the limited
numbers and an extremely localized
range of T. a. ssp. compactum (Factor
E), and the limited protections afforded
by the CDPR to reduce or eliminate
those threats (Factor D). Since listing,
conditions associated with climate
change (Factor E) have been identified
as a potential rangewide threat to the
subspecies.
We now have sufficient data to show
that management enacted by CDPR to
benefit Trichostema austromontanum
ssp. compactum and its habitat at
Hidden Lake has been effective and will
continue to be in the foreseeable future.
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CDPR, as the operative land manager,
has demonstrated a long-term
commitment to provide for the
conservation of Trichostema
austromontanum ssp. compactum.
Their staff, in cooperation with RSABG
staff, finalized the Conservation Strategy
for Trichostema austromontanum ssp.
compactum (Hidden Lake bluecurls;
Lamiaceae) (Fraga and Kietzer 2009,
entire), which outlined immediate
conservation actions, goals, and
conservation measures for the recovery
and long-term management of the
subspecies. In subsequent years, both
entities have continued to monitor the
area and have developed an improved
survey methodology for T. a. ssp.
compactum. Because T. a. ssp.
compactum is entirely within Mount
San Jacinto State Park, is within the
Mount San Jacinto State Wilderness
Area, and is within the recently
established Preserve, CDPR is able to
manage Hidden Lake specifically for the
conservation of T. a. ssp. compactum
and its habitat, along with other
sensitive resources found in the area.
Trampling by humans has been
minimized, and no visible impacts to
Trichostema austromontanum ssp.
compactum have been observed from
trampling by horses since 2000 because
of CDPR’s management. Therefore, we
no longer consider T. a. ssp. compactum
to be threatened by trampling. The low
numbers of standing plants in some
years appears to be a natural
phenomenon for this subspecies with a
soil seed bank and, therefore, is not
considered a threat at this time. The ex
situ seed banking program at RSABG
also provides insurance for this
subspecies by assuring propagation
potential should future stochastic events
or climate change adversely impact the
endemic population. Actions taken by
CDPR and RSABG have reduced the
threats associated with trampling, small
population size, and stochastic events to
a manageable level.
Since listing, we have become aware
of the potential for anthropogenic
climate change to affect all biota,
including Trichostema
austromontanum ssp. compactum.
While available information indicates
that temperatures are increasing, there is
no clear signal as to the potential
impacts to T. a. ssp. compactum at this
time. Additionally, the lack of a
significant declining trend in the
amount of precipitation suggests that
there is no immediate cause for concern,
but potential impacts to T. a. ssp.
compactum from changes in the timing
and type of precipitation should be
monitored in the future.
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1305
Having considered the individual and
cumulative impact of threats on this
subspecies, we find that Trichostema
austromontanum ssp. compactum is not
in danger of extinction throughout all of
its range, nor is it likely to become so
in the foreseeable future.
Significant Portion of the Range
Analysis
Having determined that Trichostema
austromontanum ssp. compactum is not
in danger of extinction, or likely to
become so, throughout all of its range,
we next consider whether there are any
significant portions of its range in which
T. a. ssp. compactum is in danger of
extinction or likely to become so. Under
the Act and our implementing
regulations, a species may warrant
listing if it is an endangered species or
a threatened species. The Act defines
‘‘endangered species’’ as any species
which is ‘‘in danger of extinction
throughout all or a significant portion of
its range,’’ and ‘‘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.’’ The
term ‘‘species’’ includes ‘‘any
subspecies of fish or wildlife or plants,
and any distinct population segment
[DPS] of any species of vertebrate fish or
wildlife which interbreeds when
mature.’’ On July 1, 2014, we published
a final policy interpreting the phrase
‘‘significant portion of its range’’ (SPR)
(79 FR 37578). The final policy states
that (1) if a species is found to be
endangered or threatened throughout a
significant portion of its range, the
entire species is listed as an endangered
species or a threatened species,
respectively, and the Act’s protections
apply to all individuals of the species
wherever found; (2) a portion of the
range of a species is ‘‘significant’’ if the
species is not currently endangered or
threatened throughout all of its range,
but the portion’s contribution to the
viability of the species is so important
that, without the members in that
portion, the species would be in danger
of extinction, or likely to become so in
the foreseeable future, throughout all of
its range; (3) the range of a species is
considered to be the general
geographical area within which that
species can be found at the time the
Service or the National Marine Fisheries
Service makes any particular status
determination; and (4) if a vertebrate
species is endangered or threatened
throughout an SPR, and the population
in that significant portion is a valid
DPS, we will list the DPS rather than the
entire taxonomic species or subspecies.
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The SPR policy is applied to all status
determinations, including analyses for
the purposes of making listing,
delisting, and reclassification
determinations. The procedure for
analyzing whether any portion is an
SPR is similar, regardless of the type of
status determination we are making.
The first step in our analysis of the
status of a species is to determine its
status throughout all of its range. If we
determine that the species is in danger
of extinction, or likely to become so in
the foreseeable future, throughout all of
its range, we list the species as an
endangered (or threatened) species and
no SPR analysis will be required. If the
species is neither endangered nor
threatened throughout all of its range,
we determine whether the species is
endangered or threatened throughout a
significant portion of its range. If it is,
we list the species as an endangered
species or a threatened species,
respectively; if it is not, we conclude
that the species is neither an
endangered species nor a threatened
species.
When we conduct an SPR analysis,
we first identify any portions of the
species’ range that warrant further
consideration. The range of a species
can theoretically be divided into
portions in an infinite number of ways.
However, there is no purpose to
analyzing portions of the range that are
not reasonably likely to be significant
and either 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 in those portions or
likely to become so within the
foreseeable future. We emphasize that
answering these questions in the
affirmative is not a determination that
the species is endangered or threatened
throughout a significant portion of its
range—rather, it is a step in determining
whether a more detailed analysis of the
issue is required. In practice, a key part
of this analysis is whether the threats
are geographically concentrated in some
way. If the threats to the species are
affecting it uniformly throughout its
range, no portion is likely to warrant
further consideration. Moreover, if any
concentration of threats apply only to
portions of the range that clearly do not
meet the biologically based definition of
‘‘significant’’ (i.e., the loss of that
portion clearly would not be expected to
increase the vulnerability to extinction
of the entire species), those portions
will not warrant further consideration.
If we identify any portions that may
be both (1) significant and (2)
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endangered or threatened, we engage in
a more detailed analysis. As discussed
above, to determine whether a portion
of the range of a species is significant,
we consider whether, under a
hypothetical scenario, the portion’s
contribution to the viability of the
species is so important that, without the
members in that portion, the species
would be in danger of extinction or
likely to become so in the foreseeable
future throughout all of its range. This
analysis considers the contribution of
that portion to the viability of the
species based on the conservation
biology principles of redundancy,
resiliency, and representation. (These
concepts can similarly be expressed in
terms of abundance, spatial distribution,
productivity, and diversity.) The
identification of an SPR does not create
a presumption, prejudgment, or other
determination as to whether the species
in that identified SPR is in danger of
extinction or likely to become so. We
must go through a separate analysis to
determine whether the species is in
danger of extinction or likely to become
so in the SPR. To determine whether a
species is endangered or threatened
throughout an SPR, we will use the
same standards and methodology that
we use to determine if a species is
endangered or threatened throughout its
range.
Depending on the biology of the
species, its range, and the threats it
faces, it may be more efficient to address
either 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.’’
Trichostema austromontanum ssp.
compactum is a narrow endemic plant
subspecies, found only in and around
Hidden Lake in Mount San Jacinto State
Park. Its entire range is about 2 ac (1 ha)
in size. Additionally, a small population
(36 individuals) was once observed
outside of the Hidden Lake pool area
(Fraga and Wall 2007, p. 10). This
location is less than 300 ft (100 m) away
from Hidden Lake and is within the
lake’s watershed. Trichostema
austromontanum ssp. compactum is an
annual plant, which means it completes
its life cycle in less than 1 year. As
previously noted, it has a natural seed
bank in the soil, with seeds that persist
for extended periods of time. Although
the number and distribution of standing
(growing) plants varies from year to
year, the distribution of the seeds in soil
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is likely fairly ubiquitous within the
lake’s perimeter. Within this 2-ac (1-ha)
area, there is no natural division that
would not arbitrarily separate one
portion of the range from another. Even
the small population that could
potentially be considered geographically
separate is probably not biologically
separate, given that it is very close to the
lake and still within the watershed for
the lake. However, if we were to
consider that population separate, it is
small—small in numbers observed and
small in area occupied—compared to
the portion of the range in the area of
Hidden Lake proper. As such, this
portion of the range, which could
potentially be considered separate, is
not likely to substantially contribute to
the redundancy, resiliency, and
representation of the subspecies, and
thus we do not consider it ‘‘significant’’
for the purposes of this SPR analysis.
Additionally, because of the limited
geographic area the subspecies
occupies, the entire population
experiences similar conditions and
management by CDPR such that no
portion of the subspecies’ range is likely
to experience a different or elevated
level of threats. We conclude that there
are no portions of the subspecies’ range
that are likely to be both significant and
threatened or endangered. Therefore, no
portion warrants further consideration
to determine whether the subspecies is
in danger of extinction or likely to
become so in a significant portion of its
range.
Therefore, we find that T. a. ssp.
compactum no longer requires the
protection of the Act, and we propose to
remove the subspecies from the List of
Endangered and Threatened Plants.
Effects of This Rule
The Act sets forth a series of general
prohibitions and exceptions that apply
to all endangered plants. The Act’s
implementing regulations extend most
of the prohibitions provided under
section 9(a)(2) of the Act to threatened
plants (see 50 CFR 17.61 and 17.71). It
is illegal for any person subject to the
jurisdiction of the United States to
import or export, transport in interstate
or foreign commerce in the course of a
commercial activity, sell or offer for sale
in interstate or foreign commerce, or
remove and reduce Trichostema
austromontanum ssp. compactum to
possession from areas under Federal
jurisdiction. Section 7 of the Act
requires that Federal agencies consult
with us to ensure that any action
authorized, funded, or carried out by
them is not likely to jeopardize the
species’ continued existence. If this
proposed rule is made final, it would
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revise 50 CFR 17.12 to remove T. a. ssp.
compactum from the Federal List of
Endangered and Threatened Plants, and
these prohibitions would no longer
apply. Because critical habitat has not
been designated for this taxon, this rule,
if made final, would not affect 50 CFR
17.96.
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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.
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 delisting. 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.
Post-delisting Monitoring
Section 4(g)(1) of the Act requires us,
in cooperation with the States, to
implement a system to monitor
effectively, for not less than 5 years, all
species that have been recovered and
delisted. The purpose of this postdelisting monitoring is to verify that a
species remains secure from risk of
extinction after it has been removed
from the protections of the Act. The
monitoring is designed to detect the
failure of any delisted species to sustain
itself without the protective measures
provided by the Act. If, at any time
during the monitoring period, data
indicate that protective status under the
Act should be reinstated, we can initiate
listing procedures, including, if
appropriate, emergency listing under
section 4(b)(7) of the Act. Section 4(g) of
the Act explicitly requires us to
cooperate with the States in
development and implementation of
post-delisting monitoring programs, but
we remain responsible for compliance
with section 4(g) of the Act and,
therefore, must remain actively engaged
in all phases of post-delisting
monitoring. We also seek active
participation of other entities that are
expected to assume responsibilities for
the species’ conservation post-delisting.
Post-delisting Monitoring Plan Overview
We have prepared a draft PDM plan
for Trichostema austromontanum ssp.
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compactum. The draft plan discusses
the current status of the taxon and
describes the methods proposed for
monitoring if the taxon is removed from
the Federal List of Endangered and
Threatened Plants. The draft plan:
(1) Summarizes the status of
Trichostema austromontanum ssp.
compactum at the time of proposed
delisting;
(2) Describes frequency and duration
of monitoring;
(3) Discusses monitoring methods and
potential sampling regimes;
(4) Defines what potential triggers will
be evaluated for additional monitoring;
(5) Outlines reporting requirements
and procedures; and
(6) Proposes a schedule for
implementing the PDM plan and defines
responsibilities.
It is our intent to work with our
partners towards maintaining the
recovered status of Trichostema
austromontanum ssp. compactum. We
will seek public and peer reviewer
comments on the draft PDM plan,
including its objectives and procedures
(see Information Requested, above),
with publication of this proposed rule.
Required Determinations
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–2016–
0127, or upon request from the Field
Supervisor, Carlsbad Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT).
Author
The primary author of this proposed
rule is the Carlsbad Fish and Wildlife
Office in Carlsbad, California, in
coordination with the Pacific Southwest
Regional Office in Sacramento,
California.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Proposed Regulation Promulgation
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 ADDRESSES. 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.
National Environmental Policy Act
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
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.
§ 17.12
[Amended]
2. Amend § 17.12(h) by removing the
entry for ‘‘Trichostema
austromontanum ssp. compactum’’
under FLOWERING PLANTS from the
List of Endangered and Threatened
Plants.
■
Dated: December 13, 2016.
Martin J. Kodis,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2016–31581 Filed 1–4–17; 8:45 am]
BILLING CODE 4333–15–P
We determined that 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
PO 00000
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05JAP1
Agencies
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Proposed Rules]
[Pages 1296-1307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31581]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2016-0127; FXES11130900000 167 FF09E42000]
RIN 1018-BB39
Endangered and Threatened Wildlife and Plants; Removing
Trichostema austromontanum ssp. compactum (Hidden Lake Bluecurls) From
the Federal List of Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; availability of a draft post-delisting
monitoring plan.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
remove the plant Trichostema austromontanum ssp. compactum (Hidden Lake
bluecurls) from the Federal List of Endangered and Threatened Plants on
the basis of recovery. This determination is based on a review of the
best available scientific and commercial information, which indicates
that the threats to T. a. ssp. compactum have been eliminated or
reduced to the point where it no longer meets the definition of an
endangered species or a threatened species under the Endangered Species
Act of 1973, as amended (Act). We are seeking information and comments
from the public regarding this proposed rule and the draft post-
delisting monitoring (PDM) plan for T. a. ssp. compactum.
DATES: We will accept comments received or postmarked on or before
March 6, 2017. We must receive requests for public hearings, in
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by
February 21, 2017.
ADDRESSES: Comment submission: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2016-0127,
which is
[[Page 1297]]
the docket number for this rulemaking. Then click on the Search button.
On the resulting page, 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-deliver to: Public
Comments Processing, Attn: Docket No. FWS-R8-ES-2016-0127, U.S. Fish
and Wildlife Service, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA
22041-3803.
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 Information Requested, below, for more information).
Document availability: A copy of the draft PDM plan referenced
throughout this document can be viewed at https://ecos.fws.gov/ecp0/profile/speciesProfile?sId=1285, at https://www.regulations.gov under
Docket No. FWS-R8-ES-2016-0127, or at the Carlsbad Fish and Wildlife
Office's Web site at https://www.fws.gov/Carlsbad/.
FOR FURTHER INFORMATION CONTACT: G. Mendel Stewart, Field Supervisor,
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250,
Carlsbad, CA 92008; telephone 760-431-9440; facsimile (fax) 760-431-
5901. 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 remove Trichostema
austromontanum ssp. compactum from the List of Endangered and
Threatened Plants (i.e., ``delist'' the subspecies) under the Act;
(2) New biological or other relevant data concerning any threat (or
lack thereof) to this subspecies (for example, those associated with
climate change);
(3) New information on any efforts by the State or other entities
to protect or otherwise conserve the subspecies;
(4) New information concerning the range, distribution, and
population size or trends of this subspecies;
(5) New information on the current or planned activities in the
habitat or range that may adversely affect or benefit the subspecies;
and
(6) Information pertaining to the requirements for post-delisting
monitoring of Trichostema austromontanum ssp. compactum.
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, may not meet the standard of information required by
section 4(b)(1)(A) of the Act (16 U.S.C. 1531 et seq.), which 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 ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES. 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, Carlsbad 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 by the
date specified above in DATES. 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
accommodation, in the Federal Register and local newspapers at least 15
days before the hearing.
Previous Federal Actions
On September 14, 1998, we published a final rule (63 FR 49006) to
list Trichostema austromontanum ssp. compactum as a threatened species.
At that time, we determined that the designation of critical habitat
was not prudent because it would likely increase the number of visitors
to the geographic location of the single known occurrence and because
it would undermine ongoing efforts by the California Department of
Parks and Recreation (CDPR to protect this occurrence. As a consequence
of a settlement agreement, we withdrew our previous not-prudent
determination, and agreed to reevaluate the prudency of designating
critical habitat. However, based on our review and evaluation of the
best scientific and commercial information available, we determined
that designation of critical habitat continued to be not prudent for T.
a. ssp. compactum (72 FR 54377; September 25, 2007).
Subspecies Information
It is our intent to discuss only those topics directly related to
the delisting in this proposed rule. For more information on the
description, biology, ecology, and habitat of Trichostema
austromontanum ssp. compactum, please refer to the listing final rule
published in the Federal Register on September 14, 1998 (63 FR 49006);
the critical habitat prudency determination published in the Federal
Register on September 25, 2007 (72 FR 54377); the most recent 5-year
review for T. a. ssp. compactum completed on May 6, 2013 (Service 2013,
entire); and the Conservation Strategy for T. a. ssp. compactum,
completed in 2009 (Fraga and Kietzer 2009, pp. 1-29). These documents
will be available as supporting materials at https://www.regulations.gov
under Docket No. FWS-R8-ES-2016-0127.
Subspecies Description
Trichostema austromontanum ssp. compactum, a member of the
Lamiaceae (mint family), was described by F. Harlan Lewis (1945) based
on specimens collected in 1941, by M.L. Hilend at Hidden Lake in the
San Jacinto Mountains of Riverside County, California. Trichostema a.
ssp. compactum is a compact, soft-villous (with long, shaggy hairs),
annual plant, approximately 4 inches (in) (10 centimeters (cm)) tall,
with short
[[Page 1298]]
internodes (stem segments between leaves), elliptic leaves, and blue
flowers with a five-lobed corolla (Lewis 1945, pp. 280-281, 284-285;
Lewis 1993, p. 732). Its fruit consists of four smooth, basally-joined
nutlets. Many taxa of Trichostema have volatile secondary plant
compounds that produce a strong odor and taste. The common name vinegar
weed is attributed to many different species of Trichostema.
Subspecies Biology
Trichostema austromontanum ssp. compactum is only found on the
margins of Hidden Lake, a small montane vernal pool, in the San Jacinto
Mountains, Riverside County, California. At an elevation of 8,700 feet
(ft) (2,650 meters (m)), Hidden Lake is Riverside County's only high-
elevation vernal pool (Bauder 1999, pp. 3-4), and is owned and managed
by Mount San Jacinto State Park (Park). Hidden Lake is located within a
California State Park Natural Preserve (The Hidden Lake Divide Natural
Preserve) and is surrounded by the Mount San Jacinto State Wilderness
Area (CDPR 2002, pp. 62-63). The single pool that supports the entire
range of T. a. ssp. compactum encompasses an area of approximately 2
acres (ac) (1 hectare (ha)) and is about 4 ft (1.3 m) deep during the
period of maximum inundation (November to April) (Bauder 1999, p. 13;
CDPR 2002, pp. 62-63). The pool shrinks in size as the seasons
progress, sometimes remaining wet in the center and other times drying
out completely.
Additionally, a small population (36 individuals) of Trichostema
austromontanum ssp. compactum was once observed less than 300 ft (100
m) outside of the Hidden Lake area of inundation (Fraga and Wall 2007,
p. 10). This area is within the vernal pool's watershed, and is within
the aforementioned Natural Preserve and State Wilderness.
Several studies have examined the breeding system, habitat
parameters, and micro-distribution of Trichostema austromontanum ssp.
compactum and its relatives (Lewis 1945, pp. 276-303; Lewis 1960, pp.
93-97; Spira 1980, pp. 278-284; Bauder 1999, pp. 1-41). Seeds of T. a.
ssp. compactum typically germinate in early July, and plants complete
their life cycle as the temperature begins to drop to freezing (October
to November) (Fraga and Wall 2007, pp. 2-5). Plants generally flower
between July and September, but flowering has been documented as late
as November (Bauder 1999, p. 1; Fraga and Wall 2007, pp. 4-5). Fruits
and seeds begin to develop in early August and continue to develop
until November (Fraga and Wall 2007, pp. 2-5). Trichostema
austromontanum ssp. compactum has no documented pollinators and is
self-compatible (flowers are able to be fertilized by pollen from of
the same plant) (89.1 percent seed set with the exclusion of
pollinators) (Spira 1980, p. 282). Spira (1980, p. 280) also found that
insects visiting the other subspecies of T. austromontanum lacked
pollen grains on their dorsal surface (which is needed for the transfer
of pollen to stigma) and, therefore, were not acting as effective
pollinators. This suggests that flowers of both subspecies of this
species are not commonly pollinated by insects and are likely self-
fertilized (Spira 1980, pp. 280-283).
Trichostema austromontanum ssp. compactum produces seeds that
exhibit characteristics that relate to its adaptation to variable
environmental conditions. In nature, plants occur around the margins of
Hidden Lake in open soil that is exposed during the summer after the
water recedes (Bauder 1999, p. 37). A germination study of T. a. ssp.
compactum was conducted by Bauder (1999) using controlled light and
temperature growing chambers. Results from the study indicated that
daily temperature maxima must be in the range of 77 to 86 degrees
Fahrenheit ([deg]F) (25 to 30 degrees Celsius ([deg]C)) for germination
to occur (Bauder 1999, p. 37). This study also showed that seeds
require a period of cold stratification and a cycle of wet and dry
conditions to break their dormancy (Bauder 1999, pp. 28-30, 37). A
large portion of the seeds produced by T. a. ssp. compactum did not
germinate in this study and a subsequent germination study conducted by
staff at Rancho Santa Ana Botanic Garden (RSABG). The authors of both
reports suggested that seeds that do not germinate remain in the soil
as a seed bank over multiple seasons until specific environmental and
physiological conditions are met (Bauder 1999, p. 37; RSABG 2009, p. 5;
see also Baskin and Baskin 1989, pp. 54-66).
The soil seed bank provides a buffering mechanism for this taxon
against the variability of its habitat conditions and periodic drought
years. For example, there may be a year when Hidden Lake dries
atypically fast or is subject to a seasonal inundation (e.g., from a
late-summer thunderstorm), which may lead to a catastrophic loss of a
standing population prior to seed set. Thus, a soil seed bank offsets
the loss of seeds in poor years. This strategy helps Trichostema
austromontanum ssp. compactum to persist in a variable environment,
similar to other species adapted to vernal pool habitat or desert
environments (Philippi 1993, pp. 481-484; Simovich and Hathaway 1997,
pp. 41-43). Due to the complex nature of this strategy to persist
through varied conditions, we will recommend as part of the PDM plan to
conduct research on seed viability, seed longevity, and reproductive
potential of standing plants to better understand the long-term health
of this subspecies and the likelihood that the small occurrence can
persist.
Range, Distribution, Abundance, and Habitat
Surveys have shown that the population size of Trichostema
austromontanum ssp. compactum differs greatly from year to year. This
fluctuation may be due to the amount of precipitation, the extent of
suitable habitat along the margins of the lake, or a combination of
factors. The population has been documented to be as large as 243,000
individuals in 2012, to as few as 75 individuals in 2000 (Fraga and
Wall 2010, p. 6; CNDDB 2011, p. 1; Fraga 2016, pers. comm.). Despite
the annual differences in population size, the population is considered
stable because the variation in population size is primarily due to
natural factors and because similar variations are seen over a multi-
year period.
Trichostema austromontanum ssp. compactum seeds germinate around
the margin of Hidden Lake as the ponded water evaporates (Bauder 1999,
pp. 20-23). Though the highest density of plants has been observed in
different portions of the vernal pool margin, observations of T. a.
ssp. compactum were most abundant on the northern margin of the vernal
pool (Fraga and Wall 2007, p. 4). This area likely receives more
sunlight due to the lack of trees just to the south where the pool is
located. A small subpopulation is located in a swale (a low area where
runoff collects) approximately 300 ft (91 m) away to the northeast from
the vernal pool between the Desert View Overlook and Hidden Lake.
Pre-Listing Threats
From the 1920s to the 1980s, Hidden Lake was a popular destination
in the Park for hikers and equestrians. In 1964, a tram was constructed
that greatly increased the number of visitors to the Park. In the 1970s
and 1980s, a movie was shown to tram-riders that included images of
people swimming at Hidden Lake (Hamilton 1983, p. 96). The high number
of visitors to Hidden Lake, combined with the lack of regulations on
the use of Hidden Lake, threatened
[[Page 1299]]
the rare and unique community of plants and animals found at this high
montane vernal pool. There was special concern for the continued
existence of Trichostema austromontanum ssp. compactum because Hidden
Lake was the only location where this subspecies occurred. Researchers
found that in cases of heavy trampling, the number of T. a. ssp.
compactum plants that survived to produce flower was greatly reduced
(Hamilton 1991, p. 22). The Service and others were concerned that
without the protections and implementation of proper management
actions, T. a. ssp. compactum could become endangered and possibly
extinct. Trichostema austromontanum ssp. compactum was subsequently
listed as a threatened species due to vulnerabilities associated with
trampling and due to its limited numbers (63 FR 49006).
Recovery Implementation
A formal recovery plan for Trichostema austromontanum ssp.
compactum has not been prepared, and, therefore, specific delisting
criteria have not been developed for the subspecies. However, the
Service reviewed the status of the subspecies in the 2006 and 2013 5-
year reviews (Service 2006; 2013). In those reviews, the Service
identified remaining threats to the taxon and actions that could be
taken to make progress in addressing those threats and ensuring long-
term management. These included demonstrating that: (1) Management by
CDPR has been effective; (2) stochastic threats are not significant;
and (3) sufficient seed is banked for reintroduction after an adverse
stochastic event (Service 2013, pp. 14-15). We identified in the 2009
Spotlight Species Action Plan (Service 2009, pp. 2-4, 6) specific
actions that would ameliorate threats and ensure long-term management:
(1) Continue work with CDPR as partners to monitor visitor use at
Hidden Lake;
(2) Monitor population and habitat of Trichostema austromontanum
ssp. compactum;
(3) Complete collections for seed banking;
(4) Devise long-term protocol for seed banking and use of seeds in
recovery; and
(5) Finalize the Conservation Strategy and a long-term management
plan for the subspecies, and a long-term agreement with CDPR that will
include established monitoring and the implementation of an adaptive
management plan.
Existing conservation efforts for each of these actions are
discussed below.
(1) Continue Work With CDPR as Partners To Monitor Visitor Use at
Hidden Lake
Monitoring of visitor use at Hidden Lake was conducted by CDPR from
2007 to 2015 (Kietzer 2011a, pp. 4-5). Although unauthorized access to
the area appears to have been minimized (Fraga and Wall 2010, p. 5;
Kietzer 2011a, pp. 4-5), CDPR will continue to monitor visitor use as
described in the draft PDM plan. This action has been fully
implemented, and we expect implementation to continue as part of the
PDM plan and Conservation Strategy.
(2) Monitor Population and Habitat of Trichostema austromontanum ssp.
compactum
In coordination with the Service, CDPR and RSABG developed a
monitoring protocol for Trichostema austromontanum ssp. compactum
resulting from several years of investigation (2006 to 2009), which
included mapping the area of occupancy of T. a. ssp. compactum around
Hidden Lake and conducting census counts to estimate population size
(Fraga and Wall 2010, pp. 4-6; Fraga and Kietzer 2012, p. X).
Additionally, equipment for monitoring Hidden Lake's microclimate and
its effects on the lake level was installed by CDPR in 2010 (Kietzer
2011a, pp. 2-3; Kietzer 2011b, p. 4). Over the past few years, CDPR and
RSABG have worked together to develop and implement a more robust
statistical sampling method. Initial results suggest that plant numbers
were previously underestimated in annual surveys (Kietzer 2016, pers.
comm.). Monitoring of this taxon and its habitat will continue as
described in the draft PDM plan and Conservation Strategy.
(3) Complete Collections for Seed Banking
Collection of Trichostema austromontanum ssp. compactum seeds and
establishment of an ex situ (off-site) conservation seed bank at RSABG
occurred over 3 years (2006, 2008, and 2009). For security purposes,
back-up samples from each year's collections will be stored at the U.S.
Department of Agriculture's National Center for Genetic Resource
Preservation in Fort Collins, Colorado (Fraga and Wall 2010, p. 7).
This provides insurance against the subspecies going extinct if the
natural occurrence were extirpated due to an adverse stochastic event
or other circumstances (such as disease or prolonged drought).
(4) Devise Long-Term Protocol for Seed Banking and Use of Seeds in
Recovery
Trichostema austromontanum ssp. compactum seeds collected at Hidden
Lake are being stored at RSABG. Germination trials will be conducted at
regular intervals to determine a long-term protocol for seed banking
and use of seeds in recovery. This project is ongoing and is discussed
in further detail in the draft PDM plan.
(5) Finalize the Conservation Strategy and a Long-Term Management Plan
for the Subspecies, and a Long-Term Agreement With CDPR That Will
Include Established Monitoring and the Implementation of an Adaptive
Management Plan
A Conservation Strategy was developed that outlined additional
conservation actions for this taxon (Fraga and Kietzer 2009, pp. 1-29),
which was used as the foundation for the draft PDM plan. Methods for
long-term monitoring of this taxon are discussed further in the draft
PDM plan (see ADDRESSES for information on viewing the draft PDM plan).
Summary of Factors Affecting Trichostema austromontanum ssp. compactum
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for listing species on, reclassifying
species on, or removing species from the Lists of Endangered and
Threatened Wildlife and Plants. ``Species'' is defined by the Act as
including any species or subspecies of fish or wildlife or plants, and
any distinct 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 species 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. A species may be reclassified on the
same basis.
A recovered species is one that no longer meets the Act's
definition of endangered species or threatened species. Determining
whether a species is recovered requires consideration of whether the
species is still an endangered species or threatened
[[Page 1300]]
species because of any of the five categories of threats specified in
section 4(a)(1) of the Act. For species that are already listed as
endangered or threatened species, this analysis of threats is an
evaluation of both the threats currently facing the species and those
that are reasonably likely to affect the species in the foreseeable
future following the delisting or downlisting (i.e., reclassifying a
species from an endangered species to a threatened species) 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 Act does not define the term
``foreseeable future.'' For this proposed delisting rule, our forecast
of future impacts is based on a review of the period of available data
for each stressor and, when possible, a projection of the situation at
least for a similar time period into the future. For example:
The effect of trampling on Trichostema austromontanum ssp.
compactum can be addressed through management of hikers and
equestrians, which CDPR does through implementing regulatory
mechanisms. CDPR started addressing the impacts about the time the
subspecies was listed, in particular with the Mount San Jacinto State
Park general plan update in 2002. This plan serves as a ``long-range
management tool'' by providing ``conceptual parameters for future
management actions'' (CDPR 2002, p. 3). To assess the timeframe of this
regulatory mechanism, we note that it does not include an ``expiration
date'' or equivalent. Further, we note that in 2010, CDPR changed its
approach to the duration of a given Park's general plan, stating in its
Planning Handbook (CDPR 2010, p. 17) that CDPR previously considered
general plans to have a 15- to 20-year planning horizon or lifespan.
Under the current planning structure of broad, goal-oriented general
plans and subordinate, more focused management plans, general plans are
no longer thought of as having expiration dates or a finite life span
when they would be considered invalid. General plans are reconsidered
for amendments or revisions when circumstances and needs dictate, such
as additional land acquisitions and/or substantial development
considerations that were not addressed in the general plan or evaluated
during the general plan process.
Thus, for trampling, we have about a 15-year record of management
actions to benefit Trichostema austromontanum ssp. compactum that are
linked to the general plan's implementation, and because the general
plan is a long-term document (more than 15 to 20 years), we expect that
management will continue into the future for at least 20 years. At the
future point when the general plan is updated, the public--including
the Service--will have the opportunity to review and comment on the new
general plan under the State's California Environmental Quality Act
(CEQA) process (independent of the subspecies' listing status).
The timeline for the effects of small populations is
inherently difficult to assess, and the effects are inherently
difficult to address. This is especially true for a population that is
naturally small, which is the case for Trichostema austromontanum ssp.
compactum. Population trend data can help with that assessment. As
detailed in the draft PDM plan, we have at least rough estimates of
population size going back to 1979, though with a gap between 1993 and
2006, when more formalized monitoring began. Thus, we have a general
idea about the population's size over a span of about 40 years.
Although information exists regarding potential impacts
from climate change beyond a 50-year timeframe, the projections depend
on an increasing number of assumptions, and thus become more uncertain
with increasingly large timeframes. Therefore, a timeframe of 50 years
is used to provide the best balance of scope of impacts considered,
versus certainty of those impacts.
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
No threats to the habitat of Trichostema austromontanum ssp.
compactum were identified in the final listing rule (63 FR 49006).
Present or threatened destruction, modification, or curtailment of T.
a. ssp. compactum's habitat or range is not now a threat, nor do we
expect it to be in the future. The land where T. a. ssp. compactum
occurs is owned and managed by the Mount San Jacinto State Park and is
located within a California State Park Natural Preserve, which is
surrounded by the San Jacinto State Wilderness Area (CDPR 2002, pp. 62-
63). Because the only known occurrence of this subspecies is on State-
owned land designated as State Wilderness inside a State Park, and the
Hidden Lake area has been designated as the Hidden Lake Divide Natural
Preserve, the subspecies and its habitat are protected from any
development or other modification of habitat. Some habitat disturbance
from recreational activities has occurred in the past. As discussed
below, surveys have been conducted at Hidden Lake in recent years and
observers found that habitat disturbances have been minimized (Fraga
and Wall 2010, p. 5). We anticipate that these conditions will remain
essentially the same in the future because of the CDPR's implementation
of the Park's general plan.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
In the 1998 final listing rule, no threats to Trichostema
austromontanum ssp. compactum were attributed to Factor B (63 FR
49006). Since listing, we are only aware of the collections of seed and
plant material by Service-authorized permittees for the purpose of
creating a conservation seed bank for this taxon at RSABG (USFWS permit
#TE00918-3). These permitted collections were conducted by trained
individuals, following Service guidelines to minimize effect on the
population of T. a. ssp. compactum. If the subspecies is delisted, no
Service permit would be required. However, the Park would continue to
manage access and special use permits as required by the Park, and any
future collection would be consistent with conservation management for
the subspecies, such as for continued monitoring or research. In
conclusion, we find that there are no threats now nor are there likely
to be any threats in the future to T. a. ssp. compactum, throughout its
range, related to overutilization for commercial, recreational,
scientific, or educational purposes.
C. Disease or Predation
No threats to Trichostema austromontanum ssp. compactum were
attributed to Factor C in the 1998 listing rule (63 FR 49006). We have
no data to suggest that herbivory or disease are affecting T. a. ssp.
compactum, nor do we have data that suggest impacts will become a
threat in the future. Therefore, we find that there are no threats now
nor are there likely to be any threats in the future to T. a. ssp.
compactum, throughout its range, related to disease or predation.
D. The Inadequacy of Existing Regulatory Mechanisms
In our discussion under Factors A, B, C, and E, we evaluate the
significance of threats as mitigated by any conservation efforts and
existing regulatory
[[Page 1301]]
mechanisms. Where threats exist, we analyze the extent to which
conservation measures and existing regulatory mechanisms address the
specific threats to the species. Regulatory mechanisms, if they exist,
may reduce or eliminate the impacts from one or more identified
threats.
Although inadequacy of existing regulatory mechanisms was not
specifically identified as a threat to Trichostema austromontanum ssp.
compactum at the time of listing, we did discuss the very limited
number of protections that existed for the subspecies (63 FR 49006).
Specifically, we discussed conservation provisions under section 404 of
the Federal Clean Water Act (CWA; 33 U.S.C. 1251 et seq.) and land
management of CDPR at the Park.
Section 404 of the Federal Clean Water Act (CWA)
Under section 404 of the Federal CWA, the U.S. Army Corps of
Engineers (Corps) regulates the discharge of fill material into waters
of the United States, which include navigable and isolated waters,
headwaters, and adjacent wetlands (33 U.S.C. 1344). Any action with the
potential to impact waters of the United States must be reviewed under
the Federal CWA, National Environmental Policy Act (42 U.S.C. 4321 et
seq.), and (when listed species may also be impacted) the Act. However,
because the only known occurrence of this subspecies was on State-owned
land designated as a State Wilderness inside a State Park, we believed
at the time the subspecies was listed that it was unlikely that fill
materials will be discharged and thus protections associated with
section 404 of the Federal CWA would not be relevant. Now, Hidden Lake
is within an area designated by the State as Natural Preserve, which
itself is within State Wilderness. As such, we continue to believe that
it is unlikely that an action will occur that would trigger section 404
of the Federal CWA.
California Department of Parks and Recreation (CDPR)
As discussed above, the entire known distribution of Trichostema
austromontanum ssp. compactum occurs at a single vernal pool known as
Hidden Lake, owned by the State of California and managed by CDPR.
Under existing regulatory mechanisms enacted by the State of
California, CDPR manages specifically for the conservation of the
subspecies. While discussion of CDPR's management of many aspects of
the conservation needs of the subspecies might also be appropriately
discussed under other factors (e.g., eliminating trails to maintain
natural drainage could also be discussed under factor A; efforts to
reduce and manage impacts from recreational activities could also be
discussed under factor E), it is included here for ease of discussion
since CDPR's authority to provide for the continued conservation of the
species flows from regulatory protections provided by state
regulations, designations, and the park's general plan. Such management
was being implemented before listing and is being implemented today.
Prior to listing, the protections included actions to reduce impacts
from visitors by removing references to Hidden Lake from trail maps and
signs. Since listing, the CDPR installed barriers in 2000, to exclude
equestrian use of the area surrounding Hidden Lake (Guaracha, CDPR,
2006, pers. comm.), thereby reducing the threat of trampling to the
subspecies (see Factor E discussion, below).
As a part of the 2002 general plan for Mount San Jacinto State
Park, CDPR designated Hidden Lake and its associated watershed area as
the Hidden Divide Natural Preserve (Preserve) (CDPR 2002, pp. 62-63).
As a Preserve, the 255-acre (103-ha) area is afforded regulatory
protection under California Public Resources Code section 5019.71,
which states, ``[t]he purpose of natural preserves shall be to preserve
such features as rare or endangered plant and animal species and their
supporting ecosystems.'' This allows CDPR to manage Hidden Lake
specifically for the conservation of Trichostema austromontanum ssp.
compactum and other sensitive resources found in the area, as opposed
to pre-designation when recreational use was part of management
considerations. We summarize below the management actions CDPR has
taken for the conservation of the subspecies associated with management
under the natural preserve designation.
With funding from the Service's Showing Success Grant Program (a
Service initiative, discontinued in 2012, that provided funding for
final actions needed to bring a species to the point it could be
downlisted or delisted), CDPR conducted a survey of the Preserve
boundary and erected signs along the official trail informing visitors
that off-trail hiking is prohibited in the Preserve. Additionally,
these funds were used to install an automated weather station, conduct
monitoring of unauthorized visitors, and establish monitoring protocols
for Trichostema austromontanum ssp. compactum in coordination with
RSABG and the Service, which will allow for future management of the
area and visitors' activity based on the regulatory mechanisms now
available.
Additionally, CDPR has recently constructed the Hidden Divide Trail
to minimize impacts to Trichostema austromontanum ssp. compactum from
now-unauthorized access, while facilitating future authorized but
restricted visits to the Preserve. This process involved eliminating an
existing unauthorized trail and moving it approximately 20 to 40 ft (6
to 12 m) upslope and away from the margin of Hidden Lake where the
largest portion of T. a. ssp. compactum occurs. The trail bed is
incorporated into the existing slope where it should be easier,
compared to the unauthorized trial, to maintain natural drainage
patterns in the Hidden Lake's watershed. Inspections of the completed
trail will take place by trained CDPR staff during peak seasons, and
maintenance will occur as needed to prevent alteration of natural
hydrology. The new Hidden Divide Trail will not directly connect to
other Park trails and will remain off maps and unadvertised by Park
staff. Once completed, CDPR will allow access to the trail through a
limited permit system or guided tour only for those visitors who
inquire about the site. Horses will not be allowed. The trail will
provide some viewing areas with interpretive signs to educate visitors
about the unique ecosystem supporting Trichostema austromontanum ssp.
compactum. Fencing has been erected along the trail to restrict
physical access to Hidden Lake; signs will also help minimize off-trail
use.
Based on the regulatory mechanisms now available, CDPR will
increase visitor monitoring and begin a zero-tolerance program, issuing
citations to off-trail visitors within the Preserve (Fraga and Kietzer
2009, pp. 16-17). Finally, adaptive management techniques will be
applied. For example, CDPR will monitor Trichostema austromontanum ssp.
compactum populations and visitor use of the Hidden Lake area; the
combined information will allow CDPR to control visitation, minimizing
impact to the subspecies and its habitat (Fraga and Kietzer 2009, p.
22).
Additionally, Hidden Lake and the Hidden Divide Natural Preserve
are within an area designated as State Wilderness. California Public
Resources Code section 5019.68 recognizes such areas, ``as areas where
the earth and its community of life are untrammeled by man and where
man himself is a visitor who does not remain.'' California Public
[[Page 1302]]
Resources Code sections 5093.30-5093.40, the California Wilderness Act,
also states that wilderness areas, including Mount San Jacinto State
Wilderness, ``shall be administered for the use and enjoyment of the
people in such manner as will leave them unimpaired for future use and
enjoyment as wilderness, provide for the protection of such areas,
[and] preserve their wilderness character.'' As the Conservation
Strategy for the subspecies notes, ``Being within a Natural Preserve
and a State Wilderness Area provides [Trichostema austromontanum] ssp.
compactum the highest level of protection for natural resources that
the State Park System has to offer'' (Fraga and Kietzer 2009, p. 19).
Thus, these regulatory mechanisms will help minimize likelihood of
future threats to T. a. ssp. compactum and its habitat at Hidden Lake.
These protections enacted by the CDPR associated with the Preserve
are expected to remain should this subspecies be delisted, and we
believe these protections are adequate to reduce or eliminate existing
or potential future threats to Trichostema austromontanum ssp.
compactum now and in the future.
Summary of Factor D
We believe that, in absence of the protections afforded by the Act,
the other existing regulatory mechanisms will continue to provide
adequate protections to ensure that threats to Trichostema
austromontanum ssp. compactum are controlled through management and
monitoring programs established by CDPR. Listing under the Act provided
support for the Service and CDPR to establish management and monitoring
programs to provide for the conservation of T. a. ssp. compactum. If
this subspecies is removed from the Federal List of Endangered and
Threatened Plants, the primary protections for T. a. ssp. compactum
will be provided by CDPR through conservation actions to benefit the
subspecies in the Preserve. These protections are applied in connection
with the Park's existing general plan, and we expect that they will
remain unchanged at least until a new plan is adopted, which would not
occur until circumstances or needs dictate and, moreover, would not
occur without the opportunity of review and comment by the Service and
public. This, in turn, would likely mean that any changes to the
protections provided by the new general plan would not result in
substantial impacts to T. a. ssp. compactum. In conclusion, we find
that the currently existing regulatory mechanisms described above are
adequate, and they will remain adequate to protect T. a. ssp. compactum
and its habitat across its range now and in the future.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
In the 1998 final listing rule, we stated that Trichostema
austromontanum ssp. compactum was particularly vulnerable to trampling
by recreational visitors and that the subspecies' low numbers and
extremely localized range further made it more susceptible to
disturbance, which included trampling during the flowering season (63
FR 49006, pp. 49016-49017). In our 2013 5-year review (Service 2013,
pp. 13-14), we also identified effects associated with global climate
change as potential threats, which were not considered at the time of
listing. Trampling, low numbers of individuals, and climate change are
discussed below.
Trampling
At the time of listing, the trampling threat to Trichostema
austromontanum ssp. compactum was due to its extremely narrow endemic
habitat and easy accessibility to Hidden Lake from the trail, just over
a mile from the tramway (63 FR 49006). This site became increasingly
popular with the development of the Palm Springs Aerial Tramway in
1964, and the Desert Divide Trail in 1979. Measures such as removing
references to Hidden Lake from State Park interpretive materials and
eliminating existing trails helped to ameliorate impacts from visitors,
but did not prevent all trampling impacts. The 1998 listing rule (63 FR
49006) indicated the subspecies continued to experience ongoing impacts
from trampling by hikers and horses at that time.
Since listing, CDPR, in cooperation with RSABG staff, finalized the
Conservation Strategy for Trichostema austromontanum ssp. compactum
(Hidden Lake bluecurls; Lamiaceae) (Fraga and Kietzer 2009, entire),
and CDPR has completed several actions to minimize the threat of
trampling to the subspecies (Fraga and Kietzer 2009, pp. 25-26). CDPR
reduced the likelihood of visitation to the area (by both humans and
horses) by removing references to Hidden Lake from trails, maps, and
signs in the Park, and physically obscuring trails to the lake (72 FR
54377; see also Fraga and Kietzer 2009, p. 16). Additionally, CDPR
installed a wooden barrier fence at historical access points to exclude
equestrian use (Fraga and Kietzer 2009, p. 16). CDPR also designated
Hidden Lake and its associated watershed area as a Natural Preserve as
part of their 2002 general plan revision (CDPR 2002, pp. 62-63), as
discussed under Factor D, above. Although a low number of hikers
currently access the Hidden Lake area despite efforts to exclude
visitors from the area, impacts from trampling appear to have been
minimized (Fraga and Wall 2010, p. 5; Kietzer 2011a, pp. 4-5).
Furthermore, there is no evidence that horses have had access to the
area around Hidden Lake since the exclusionary fences were installed in
2000 (Fraga and Kietzer 2009, p. 13; Fraga and Wall 2010, p. 5).
We expect that most of these measures to benefit Trichostema
austromontanum ssp. compactum will remain in place for at least the
next few decades while the 2002 general plan is active. Further, we
expect future general plans to continue to prevent impacts to T. a.
ssp. compactum because, compared to the time of listing, CDPR is more
aware of how certain recreational uses of Hidden Lake are incompatible
with the conservation of the subspecies and have taken measures to
minimize future impacts. This is illustrated by CDPR's formal
designation of the Preserve. Thus, trampling of T. a. ssp. compactum by
hikers and horses has largely been eliminated, and there is little
likelihood that trampling will be a threat to the subspecies in the
future.
Low Numbers of Individuals
In the final listing rule (63 FR 49006), we described the
vulnerabilities associated with low numbers, stating that the limited
numbers and extremely localized range of Trichostema austromontanum
ssp. compactum make this taxon more susceptible to single disturbance
events such as trampling during the flowering season or alteration of
the local water table from soil compression. However, the 1998 final
rule did not provide details explaining why we concluded that the
subspecies was more susceptible to disturbance. We provide additional
explanation in our 2013 5-year review (Service 2013, p. 12), in which
we note that conservation biology literature (such as Shaffer 1981, pp.
131-134; 1987, pp. 69-86; Primack 1998, pp. 301-308; Leppig and White
2006, pp. 264-274) commonly notes the increased vulnerability of taxa
known from only one or very few locations and when only small
populations exist. We then explained that the threat associated with
low numbers of individuals was based on the idea that in years when
there were fewer than 100 individual plants, very little seed was
produced, resulting in a species that may not persist on its own.
[[Page 1303]]
Based on new information since the time of listing, we now know
that it is likely that Trichostema austromontanum ssp. compactum is
able to survive years with poor conditions and very few flowering
plants because of the existing, naturally occurring, on-site seed bank
in the soil (Bauder 1999, p. 37). The majority of seeds of T. a. ssp.
compactum produced each year are likely deposited in the soils of the
basin of Hidden Lake because there are no known means of seed
dispersal. We have also found through germination experiments that only
a small percentage of seeds germinate, even when conditions are
appropriate (Bauder 1999, p. 28; Fraga and Wall 2009, p. 5). This
suggests that some proportion T. a. ssp. compactum seeds likely remain
dormant in the soil and survive through years lacking adequate
environmental conditions for plants to reach maturity and reproduce. In
the draft PDM plan, we recommend monitoring reproductive success of the
taxon, because it may be cause for concern if the reproductive
potential decreases. Data collected since 1980 on this taxon show that
the standing population size fluctuates from fewer than 100 to greater
than 10,000 plants, but the presence of a persistent soil seed bank has
allowed the subspecies to persist. The differences in standing
population size of T. a. ssp. compactum, especially absent evidence of
trampling, may still be best characterized as natural variation or
fluctuation tied to the annual water level of Hidden Lake (Bauder and
McMillan 1998, pp. 63-66; Bauder 1999, pp. 13-17). In this manner, we
believe that the low numbers of individuals in some years is a
temporary phenomenon and does not pose a long-term threat to this
plant. Nevertheless, an ex situ seed bank (an off-site, artificial
collection of seeds held in special climate-controlled conditions for
long-term storage) has been established and is discussed further in the
draft PDM plan.
As noted in the 2013 5-year review (Service 2013, pp. 12-13),
species known from only one or a few populations, or that exist in
populations with low numbers of individuals, are more vulnerable to
stochastic (random) events. For example, a fire, flood, or drought is
likely to be more devastating to a small, localized population than to
a large, widespread population. The effects of small populations
experiencing increased vulnerability to stochastic events have not been
documented for Trichostema austromontanum ssp. compactum in the past,
nor were specific concerns discussed in detail in the final listing
rule (63 FR 49006). While it is possible that stochastic events could
impact this subspecies in the future, we have no evidence that any
potential catastrophic events have a reasonable likelihood of
occurring. In addition, we do not believe that this potential threat
alone is significant enough to cause long-term population declines
because the natural persistent seed bank in the soil would likely
survive such events. However, collection of Trichostema austromontanum
ssp. compactum seeds and establishment of an ex situ (off-site)
conservation seed bank at RSABG occurred over 3 years (2006, 2008, and
2009). This provides insurance against the subspecies going extinct if
the natural occurrence were extirpated due to an adverse stochastic
event or other circumstances (such as disease or prolonged drought).
Climate Change
Here, we consider observed or likely environmental changes
resulting from ongoing and projected changes in climate. The 1998
listing rule did not discuss the potential impacts of climate change on
Trichostema austromontanum ssp. compactum or its habitat (63 FR 49006).
As defined by the Intergovernmental Panel on Climate Change (IPCC), the
term ``climate'' refers to the mean and variability of different types
of weather conditions over time, with 30 years being a typical period
for such measurements, although shorter or longer periods also may be
used (IPCC 2013a, p. 1,450). The term ``climate change'' thus refers to
a change in the mean or the variability of relevant properties, which
persists for an extended period, typically decades or longer, due to
natural conditions (e.g., solar cycles) or human-caused changes in the
composition of atmosphere or in land use (IPCC 2013a, p. 1,450).
Scientific measurements spanning several decades demonstrate that
changes in climate are occurring. In particular, warming of the climate
system is unequivocal, and many of the observed changes in the last 60
years are unprecedented over decades to millennia (IPCC 2013b, p. 4).
The current rate of climate change may be as fast as any extended
warming period over the past 65 million years and is projected to
accelerate in the next 30 to 80 years (National Research Council 2013,
p. 5). Thus, rapid climate change is adding to other sources of
extinction pressures, such as land use and invasive species, which will
likely place extinction rates in this era among just a handful of the
severe biodiversity crises observed in Earth's geological record (AAAS
2014, p. 17).
Examples of various other observed and projected changes in climate
and associated effects and risks, and the bases for them, are provided
for global and regional scales in recent reports issued by the IPCC
(2013c, 2014), and similar types of information for the United States
and regions within it can be found in the National Climate Assessment
(Melillo et al. 2014, entire).
Results of scientific analyses presented by the IPCC show that most
of the observed increase in global average temperature since the mid-
20th century cannot be explained by natural variability in climate and
is ``extremely likely'' (defined by the IPCC as 95 to 100 percent
likelihood) due to the observed increase in greenhouse gas (GHG)
concentrations in the atmosphere as a result of human activities,
particularly carbon dioxide emissions from fossil fuel use (IPCC 2013b,
p. 17 and related citations).
Scientists use a variety of climate models, which include
consideration of natural processes and variability, as well as various
scenarios of potential levels and timing of GHG emissions, to evaluate
the causes of changes already observed and to project future changes in
temperature and other climate conditions. Model results yield very
similar projections of average global warming until about 2030, and
thereafter the magnitude and rate of warming vary through the end of
the century depending on the assumptions about population levels,
emissions of GHGs, and other factors that influence climate change.
Thus, absent extremely rapid stabilization of GHGs at a global level,
there is strong scientific support for projections that warming will
continue through the 21st century, and that the magnitude and rate of
change will be influenced substantially by human actions regarding GHG
emissions (IPCC 2013b, 2014; entire).
Global climate projections are informative, and in some cases, the
only or the best scientific information available for us to use.
However, projected changes in climate and related impacts can vary
substantially across and within different regions of the world (e.g.,
IPCC 2013c, 2014; entire) and within the United States (Melillo et al.
2014, entire). Therefore, we use ``downscaled'' projections when they
are available and have been developed through appropriate scientific
procedures, because such projections provide higher resolution
information that is more relevant to spatial scales used for analyses
of a given species (see
[[Page 1304]]
Glick et al. 2011, pp. 58-61, for a discussion of downscaling).
Various changes in climate may have direct or indirect effects on
species. These may be positive, neutral, or negative, and they may
change over time, depending on the species and other relevant
considerations, such as interactions of climate with other variables
like habitat fragmentation (for examples, see Franco et al. 2006;
Forister et al. 2010; Galbraith et al. 2010; Chen et al. 2011;
Bertelsmeier et al. 2013, entire). In addition to considering
individual species, scientists are evaluating potential climate change-
related impacts to, and responses of, ecological systems, habitat
conditions, and groups of species (e.g., Deutsch et al. 2008; Berg et
al. 2010; Euskirchen et al. 2009; McKechnie and Wolf 2010; Sinervo et
al. 2010; Beaumont et al. 2011; McKelvey et al. 2011; Rogers and
Schindler 2011; Bellard et al. 2012).
Regional temperature observations are often used as an indicator of
how climate is changing. The Western Regional Climate Center (WRCC) has
defined 11 climate regions for evaluating various climate trends in
California (Abatzoglou et al. 2009, p. 1535). The relevant WRCC climate
region for the distribution of Trichostema austromontanum ssp.
compactum within the San Jacinto Mountains is the Southern Interior
Region.
Two indicators of temperature, the increase in mean temperature and
the increase in maximum temperature, are important for evaluating
trends in climate change in California. For the Southern Interior
climate region, linear trends (evaluated over a 100-year time period)
indicate an increase in mean temperatures (January through December) of
approximately 1.71 [deg]F ( 0.47 [deg]F per 100 years)
(0.95 0.26 [deg]C per 100 years) since 1895, and 3.11
[deg]F ( 1.16 [deg]F per 100 years) (1.73 0.64
[deg]C per 100 years) since 1949 (WRCC 2016). Similarly, the maximum
temperature 100-year trend for the Southern Interior Region shows an
increase of about 1.48 [deg]F ( 0.57 [deg]F per 100 years)
(0.82 0.32 [deg]C per 100 years) since 1895, and 2.54
[deg]F ( 1.38 [deg]F per 100 years) (1.41 0.77
[deg]C per 100 years) since 1949 (WRCC 2016). It is logical to assume
the rate of temperature increase for this region is higher for the
second time period (i.e., since 1949) than for the first time period
(i.e., since 1895) due to the increased use of fossil fuels in the 20th
century.
Climate models provide climate projections into the future, which
help inform our evaluations of potential future impacts, but these
projections become more uncertain with increasingly large timeframes.
Pierce et al. (2013, entire) presented both Statewide and regional
probabilistic estimates of temperature and precipitation changes for
California (by the 2060s) using downscaled data from 16 global
circulation models and 3 nested regional climate models. The study
looked at a historical (1985-1994) and a future (2060-2069) time period
using the IPCC Special Report on Emission Scenarios A2 (Pierce et al.
2013, p. 841), which is an IPCC-defined scenario used for the IPCC's
Third and Fourth Assessment reports, and is based on a global
population growth scenario and economic conditions that result in a
relatively high level of atmospheric GHGs by 2100 (IPCC 2000, pp. 4-5;
see Stocker et al. 2013, pp. 60-68, and Walsh et al. 2014, pp. 25-28,
for discussions and comparisons of the prior and current IPCC
approaches and outcomes). Importantly, the projections by Pierce et al.
(2013, pp. 852-853) include daily distributions and natural internal
climate variability.
Simulations using these downscaling methods project an increase in
yearly temperature for the Southern California Mountains region ranging
from 3.78 [deg]F to 5.22 [deg]F (2.1 [deg]C to 2.9 [deg]C) by the 2060s
time period, compared to 1985-1994 (Pierce et al. 2013, p. 844).
Averaging across all models and downscaling techniques, the simulations
project a yearly averaged warming of 4.32 [deg]F (2.4 [deg]C) by the
2060s (Pierce et al. 2013, p. 842).
While we do not have information to suggest warmer temperatures
will directly impact Trichostema austromontanum ssp. compactum, there
can be indirect effects. For example, Williams et al. (2015, p. 6826)
found, ``anthropogenic warming has intensified the recent drought [in
California] as part of a chronic drying trend that is becoming
increasingly detectable,'' but they also noted that it was, ``small
relative to the range of natural climate variability.'' Shukla et al.
(2015, p. 4392) also found that temperature was an important factor in
exacerbating drought conditions in California in 2014, although they
noted that the low level of precipitation was the primary driver. Thus,
the anticipated increasing temperatures (driven by global climate
change) are likely to contribute to increased severity of droughts when
they occur. However, because the natural climate of California is so
variable, it is not clear whether increased drought severity will have
substantial impact on T. a. ssp. compactum, which can take advantage of
wetter years, when they occur, to replenish its natural seed bank.
Higher temperatures can also be expected to result in increased
evaporation, which suggests that Hidden Lake will likely dry more
quickly over a season. However, the effects of increased evaporation to
habitat occupied by Trichostema austromontanum ssp. compactum or to the
plant's life history are uncertain. For example, faster evaporation of
Hidden Lake might provide an increased growing season (more time at the
beginning) because more habitat may be available earlier in the season
(the plant primarily grows in the dry portions of the lakebed), or it
could result in a shorter growing season (less time at the end) because
the area dries out too much and the plants may desiccate before
producing seed, or the two processes could happen together and produce
a shift in the growing season (same overall amount of growth time, just
starting earlier in the year). Observed increases in temperature over
the past 100 years do not appear to have currently adversely affected
the subspecies. Based on the best available regional data, current and
future trends do not lead us to conclude that change in ambient
temperature is currently a threat to T. a. ssp. compactum or likely to
become one in the future.
Precipitation patterns can also be used as an indicator of how
climate is changing. We obtained yearly precipitation data for the
Idyllwild region of the San Jacinto Mountains from the National Oceanic
and Atmospheric Administration's National Centers for Environmental
Information (https://www.ncdc.noaa.gov/). We then conducted a
nonparametric correlation test, the Mann-Kendall statistical test
(Hipel and McLeod 1994, pp. 63-64, 856-858), which is commonly used for
analyzing climatic time series (e.g., Ahmad et al. 2015, entire), to
evaluate trends in precipitation over time. This analysis was conducted
using the R and R Studio software programs (R Development Core Team
2014) with the ``Kendall'' package, version 2.2 (McLeod 2011). We found
no significant trend in precipitation over time (increasing or
decreasing) from 1944-2015 (Grizzle 2016, pers. comm.). There is no
information currently available that would lead us to conclude that
potential changes in the amount of precipitation are a threat now or
likely to be in the future. However, changes in the timing and type
(rain or snow) of precipitation could alter the unique environment of
Hidden Lake and potentially impact habitat where this taxon occurs in
the future. To address this concern, we have
[[Page 1305]]
included monitoring in the draft PDM plan (see Post-Delisting
Monitoring, below) to provide baseline data on climatic conditions as
well as the duration and depth of ponding that occurs at Hidden Lake.
Additionally, the maintenance of the ex situ seed bank provides some
flexibility to respond to stochastic events including those associated
with a changing climate.
Summary of Factor E
Management actions implemented at Hidden Lake by CDPR in recent
years have reduced the threat of trampling to a minimal level. At the
time of listing, we were concerned that low numbers of individuals in
some years threatened the existence of Trichostema austromontanum ssp.
compactum. Since listing, we collected data suggesting this subspecies
has a soil seed bank and germination mechanisms that have allowed the
taxon to persist over time, even in years when very few plants flower
and set seed. Low numbers of individuals in certain years followed by
years with high numbers of individuals suggests this is a natural
phenomenon for this taxon. We do not consider stochastic events to be a
substantial threat to T. a. ssp. compactum or its habitat at this time
because the subspecies' soil seed bank will likely persist, allowing
future growth. Climate change was also identified as a potential threat
since listing, but we do not consider it to be a substantial threat at
this time, and ongoing management and monitoring is designed to detect
future changes. In conclusion, we find that other natural or manmade
factors do not represent a substantial threat to T. a. ssp. compactum
now or in the future.
Finding
No threats attributable to Factors A, B, or C were identified at
the time Trichostema austromontanum ssp. compactum was listed in 1998.
Threats identified at the time of listing included impacts associated
with human and horse trampling (Factor E), the limited numbers and an
extremely localized range of T. a. ssp. compactum (Factor E), and the
limited protections afforded by the CDPR to reduce or eliminate those
threats (Factor D). Since listing, conditions associated with climate
change (Factor E) have been identified as a potential rangewide threat
to the subspecies.
We now have sufficient data to show that management enacted by CDPR
to benefit Trichostema austromontanum ssp. compactum and its habitat at
Hidden Lake has been effective and will continue to be in the
foreseeable future. CDPR, as the operative land manager, has
demonstrated a long-term commitment to provide for the conservation of
Trichostema austromontanum ssp. compactum. Their staff, in cooperation
with RSABG staff, finalized the Conservation Strategy for Trichostema
austromontanum ssp. compactum (Hidden Lake bluecurls; Lamiaceae) (Fraga
and Kietzer 2009, entire), which outlined immediate conservation
actions, goals, and conservation measures for the recovery and long-
term management of the subspecies. In subsequent years, both entities
have continued to monitor the area and have developed an improved
survey methodology for T. a. ssp. compactum. Because T. a. ssp.
compactum is entirely within Mount San Jacinto State Park, is within
the Mount San Jacinto State Wilderness Area, and is within the recently
established Preserve, CDPR is able to manage Hidden Lake specifically
for the conservation of T. a. ssp. compactum and its habitat, along
with other sensitive resources found in the area.
Trampling by humans has been minimized, and no visible impacts to
Trichostema austromontanum ssp. compactum have been observed from
trampling by horses since 2000 because of CDPR's management. Therefore,
we no longer consider T. a. ssp. compactum to be threatened by
trampling. The low numbers of standing plants in some years appears to
be a natural phenomenon for this subspecies with a soil seed bank and,
therefore, is not considered a threat at this time. The ex situ seed
banking program at RSABG also provides insurance for this subspecies by
assuring propagation potential should future stochastic events or
climate change adversely impact the endemic population. Actions taken
by CDPR and RSABG have reduced the threats associated with trampling,
small population size, and stochastic events to a manageable level.
Since listing, we have become aware of the potential for
anthropogenic climate change to affect all biota, including Trichostema
austromontanum ssp. compactum. While available information indicates
that temperatures are increasing, there is no clear signal as to the
potential impacts to T. a. ssp. compactum at this time. Additionally,
the lack of a significant declining trend in the amount of
precipitation suggests that there is no immediate cause for concern,
but potential impacts to T. a. ssp. compactum from changes in the
timing and type of precipitation should be monitored in the future.
Having considered the individual and cumulative impact of threats
on this subspecies, we find that Trichostema austromontanum ssp.
compactum is not in danger of extinction throughout all of its range,
nor is it likely to become so in the foreseeable future.
Significant Portion of the Range Analysis
Having determined that Trichostema austromontanum ssp. compactum is
not in danger of extinction, or likely to become so, throughout all of
its range, we next consider whether there are any significant portions
of its range in which T. a. ssp. compactum is in danger of extinction
or likely to become so. Under the Act and our implementing regulations,
a species may warrant listing if it is an endangered species or a
threatened species. The Act defines ``endangered species'' as any
species which is ``in danger of extinction throughout all or a
significant portion of its range,'' and ``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.'' The term ``species'' includes ``any subspecies of fish or
wildlife or plants, and any distinct population segment [DPS] of any
species of vertebrate fish or wildlife which interbreeds when mature.''
On July 1, 2014, we published a final policy interpreting the phrase
``significant portion of its range'' (SPR) (79 FR 37578). The final
policy states that (1) if a species is found to be endangered or
threatened throughout a significant portion of its range, the entire
species is listed as an endangered species or a threatened species,
respectively, and the Act's protections apply to all individuals of the
species wherever found; (2) a portion of the range of a species is
``significant'' if the species is not currently endangered or
threatened throughout all of its range, but the portion's contribution
to the viability of the species is so important that, without the
members in that portion, the species would be in danger of extinction,
or likely to become so in the foreseeable future, throughout all of its
range; (3) the range of a species is considered to be the general
geographical area within which that species can be found at the time
the Service or the National Marine Fisheries Service makes any
particular status determination; and (4) if a vertebrate species is
endangered or threatened throughout an SPR, and the population in that
significant portion is a valid DPS, we will list the DPS rather than
the entire taxonomic species or subspecies.
[[Page 1306]]
The SPR policy is applied to all status determinations, including
analyses for the purposes of making listing, delisting, and
reclassification determinations. The procedure for analyzing whether
any portion is an SPR is similar, regardless of the type of status
determination we are making. The first step in our analysis of the
status of a species is to determine its status throughout all of its
range. If we determine that the species is in danger of extinction, or
likely to become so in the foreseeable future, throughout all of its
range, we list the species as an endangered (or threatened) species and
no SPR analysis will be required. If the species is neither endangered
nor threatened throughout all of its range, we determine whether the
species is endangered or threatened throughout a significant portion of
its range. If it is, we list the species as an endangered species or a
threatened species, respectively; if it is not, we conclude that the
species is neither an endangered species nor a threatened species.
When we conduct an SPR analysis, we first identify any portions of
the species' range that warrant further consideration. The range of a
species can theoretically be divided into portions in an infinite
number of ways. However, there is no purpose to analyzing portions of
the range that are not reasonably likely to be significant and either
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 in those portions or likely
to become so within the foreseeable future. We emphasize that answering
these questions in the affirmative is not a determination that the
species is endangered or threatened throughout a significant portion of
its range--rather, it is a step in determining whether a more detailed
analysis of the issue is required. In practice, a key part of this
analysis is whether the threats are geographically concentrated in some
way. If the threats to the species are affecting it uniformly
throughout its range, no portion is likely to warrant further
consideration. Moreover, if any concentration of threats apply only to
portions of the range that clearly do not meet the biologically based
definition of ``significant'' (i.e., the loss of that portion clearly
would not be expected to increase the vulnerability to extinction of
the entire species), those portions will not warrant further
consideration.
If we identify any portions that may be both (1) significant and
(2) endangered or threatened, we engage in a more detailed analysis. As
discussed above, to determine whether a portion of the range of a
species is significant, we consider whether, under a hypothetical
scenario, the portion's contribution to the viability of the species is
so important that, without the members in that portion, the species
would be in danger of extinction or likely to become so in the
foreseeable future throughout all of its range. This analysis considers
the contribution of that portion to the viability of the species based
on the conservation biology principles of redundancy, resiliency, and
representation. (These concepts can similarly be expressed in terms of
abundance, spatial distribution, productivity, and diversity.) The
identification of an SPR does not create a presumption, prejudgment, or
other determination as to whether the species in that identified SPR is
in danger of extinction or likely to become so. We must go through a
separate analysis to determine whether the species is in danger of
extinction or likely to become so in the SPR. To determine whether a
species is endangered or threatened throughout an SPR, we will use the
same standards and methodology that we use to determine if a species is
endangered or threatened throughout its range.
Depending on the biology of the species, its range, and the threats
it faces, it may be more efficient to address either 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.''
Trichostema austromontanum ssp. compactum is a narrow endemic plant
subspecies, found only in and around Hidden Lake in Mount San Jacinto
State Park. Its entire range is about 2 ac (1 ha) in size.
Additionally, a small population (36 individuals) was once observed
outside of the Hidden Lake pool area (Fraga and Wall 2007, p. 10). This
location is less than 300 ft (100 m) away from Hidden Lake and is
within the lake's watershed. Trichostema austromontanum ssp. compactum
is an annual plant, which means it completes its life cycle in less
than 1 year. As previously noted, it has a natural seed bank in the
soil, with seeds that persist for extended periods of time. Although
the number and distribution of standing (growing) plants varies from
year to year, the distribution of the seeds in soil is likely fairly
ubiquitous within the lake's perimeter. Within this 2-ac (1-ha) area,
there is no natural division that would not arbitrarily separate one
portion of the range from another. Even the small population that could
potentially be considered geographically separate is probably not
biologically separate, given that it is very close to the lake and
still within the watershed for the lake. However, if we were to
consider that population separate, it is small--small in numbers
observed and small in area occupied--compared to the portion of the
range in the area of Hidden Lake proper. As such, this portion of the
range, which could potentially be considered separate, is not likely to
substantially contribute to the redundancy, resiliency, and
representation of the subspecies, and thus we do not consider it
``significant'' for the purposes of this SPR analysis. Additionally,
because of the limited geographic area the subspecies occupies, the
entire population experiences similar conditions and management by CDPR
such that no portion of the subspecies' range is likely to experience a
different or elevated level of threats. We conclude that there are no
portions of the subspecies' range that are likely to be both
significant and threatened or endangered. Therefore, no portion
warrants further consideration to determine whether the subspecies is
in danger of extinction or likely to become so in a significant portion
of its range.
Therefore, we find that T. a. ssp. compactum no longer requires the
protection of the Act, and we propose to remove the subspecies from the
List of Endangered and Threatened Plants.
Effects of This Rule
The Act sets forth a series of general prohibitions and exceptions
that apply to all endangered plants. The Act's implementing regulations
extend most of the prohibitions provided under section 9(a)(2) of the
Act to threatened plants (see 50 CFR 17.61 and 17.71). It is illegal
for any person subject to the jurisdiction of the United States to
import or export, transport in interstate or foreign commerce in the
course of a commercial activity, sell or offer for sale in interstate
or foreign commerce, or remove and reduce Trichostema austromontanum
ssp. compactum to possession from areas under Federal jurisdiction.
Section 7 of the Act requires that Federal agencies consult with us to
ensure that any action authorized, funded, or carried out by them is
not likely to jeopardize the species' continued existence. If this
proposed rule is made final, it would
[[Page 1307]]
revise 50 CFR 17.12 to remove T. a. ssp. compactum from the Federal
List of Endangered and Threatened Plants, and these prohibitions would
no longer apply. Because critical habitat has not been designated for
this taxon, this rule, if made final, would not affect 50 CFR 17.96.
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. 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 delisting. 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.
Post-delisting Monitoring
Section 4(g)(1) of the Act requires us, in cooperation with the
States, to implement a system to monitor effectively, for not less than
5 years, all species that have been recovered and delisted. The purpose
of this post-delisting monitoring is to verify that a species remains
secure from risk of extinction after it has been removed from the
protections of the Act. The monitoring is designed to detect the
failure of any delisted species to sustain itself without the
protective measures provided by the Act. If, at any time during the
monitoring period, data indicate that protective status under the Act
should be reinstated, we can initiate listing procedures, including, if
appropriate, emergency listing under section 4(b)(7) of the Act.
Section 4(g) of the Act explicitly requires us to cooperate with the
States in development and implementation of post-delisting monitoring
programs, but we remain responsible for compliance with section 4(g) of
the Act and, therefore, must remain actively engaged in all phases of
post-delisting monitoring. We also seek active participation of other
entities that are expected to assume responsibilities for the species'
conservation post-delisting.
Post-delisting Monitoring Plan Overview
We have prepared a draft PDM plan for Trichostema austromontanum
ssp. compactum. The draft plan discusses the current status of the
taxon and describes the methods proposed for monitoring if the taxon is
removed from the Federal List of Endangered and Threatened Plants. The
draft plan:
(1) Summarizes the status of Trichostema austromontanum ssp.
compactum at the time of proposed delisting;
(2) Describes frequency and duration of monitoring;
(3) Discusses monitoring methods and potential sampling regimes;
(4) Defines what potential triggers will be evaluated for
additional monitoring;
(5) Outlines reporting requirements and procedures; and
(6) Proposes a schedule for implementing the PDM plan and defines
responsibilities.
It is our intent to work with our partners towards maintaining the
recovered status of Trichostema austromontanum ssp. compactum. We will
seek public and peer reviewer comments on the draft PDM plan, including
its objectives and procedures (see Information Requested, above), with
publication of this proposed rule.
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 ADDRESSES. 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.
National Environmental Policy Act
We determined that 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-2016-0127, or upon request from the Field Supervisor,
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Author
The primary author of this proposed rule is the Carlsbad Fish and
Wildlife Office in Carlsbad, California, in coordination with the
Pacific Southwest Regional Office in Sacramento, California.
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.
Sec. 17.12 [Amended]
0
2. Amend Sec. 17.12(h) by removing the entry for ``Trichostema
austromontanum ssp. compactum'' under FLOWERING PLANTS from the List of
Endangered and Threatened Plants.
Dated: December 13, 2016.
Martin J. Kodis,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-31581 Filed 1-4-17; 8:45 am]
BILLING CODE 4333-15-P