Endangered and Threatened Wildlife and Plants; Removing Trichostema austromontanum ssp. compactum (Hidden Lake Bluecurls) From the Federal List of Endangered and Threatened Plants, 25392-25404 [2018-11786]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Rules and Regulations]
[Pages 25392-25404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11786]


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

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: Final rule; document availability.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, are removing the plant 
Trichostema austromontanum ssp. compactum (Hidden Lake bluecurls) from 
the Federal List of Endangered and Threatened Plants on the basis of 
recovery. This action 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. This rule also announces the availability of a post-delisting 
monitoring plan for T. a. ssp. compactum.

DATES: This rule becomes effective July 2, 2018.

ADDRESSES: This final rule and the post-delisting monitoring plan are 
available on the internet at https://www.regulations.gov in Docket No. 
FWS-R8-ES-2016-0127 or https://ecos.fws.gov. Comments and materials we 
received, as well as supporting documentation we used in preparing this 
rule, are available for public inspection at https://www.regulations.gov. Comments, materials, and documentation that we 
considered in this rulemaking will be available by appointment, during 
normal business hours at: U.S. Fish and Wildlife Service, Carlsbad Fish 
and Wildlife Office, 2177 Salk Avenue, Suite 250, Carlsbad, CA 92008; 
telephone 760-431-9440; facsimile (fax) 760-431-5901.

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, call the 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Previous Federal Action

    In carrying out our responsibility to enforce the Endangered 
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), we, the 
U.S. Fish and Wildlife Service (Service), maintain the Lists of 
Endangered and Threatened Wildlife and Plants in title 50 of the Code 
of Federal Regulations (CFR). We added Trichostema austromontanum ssp. 
compactum to the List of Endangered and Threatened Plants in 1998 (63 
FR 49006, September 14, 1998). On January 5, 2017, we proposed to 
remove this subspecies from the List.
    Please refer to the proposed delisting rule for Trichostema 
austromontanum

[[Page 25393]]

ssp. compactum (82 FR 1296, January 5, 2017) for a detailed description 
of previous Federal actions concerning this subspecies.

Subspecies Information

    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 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). For a detailed discussion and species 
description of Trichostema austromontanum ssp. compactum, please see 
our proposed delisting rule (82 FR 1296, January 5, 2017).
    Trichostema austromontanum ssp. compactum is found only 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.
    A small portion of the population (36 individuals) of Trichostema 
austromontanum ssp. compactum was once observed less than 300 ft (91 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. We do not 
consider this small group of individuals to be biologically separate 
from the rest of the population within the margins of Hidden Lake 
because the areas are in such close proximity to each other and are 
connected through the watershed.
    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 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. More 
research is needed to investigate the importance of pollinators for 
reproduction and seed set of T. a. ssp. compactum.
    Trichostema austromontanum ssp. compactum produces seeds that 
contribute to a viable seed bank, which provides adaptability 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 remain viable 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 be 
maintained through varied conditions, we recommend as part of the post-
delisting monitoring (PDM) plan to conduct research on seed bank 
density, 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 will remain 
viable.

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) and the eastern portion

[[Page 25394]]

of the vernal pool (Fraga 2017, p. 3). These areas likely receive more 
sunlight due to the lack of trees just to the south where the pool is 
located. A small portion of the population 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

    Prior to listing, the Service and others were concerned that, 
without the protections and implementation of proper management 
actions, Trichostema austromontanum ssp. compactum could become in 
danger of extinction and possibly go 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, September 14, 1998). For a detailed 
discussion of pre-listing threats of Trichostema austromontanum ssp. 
compactum, please see our proposed delisting rule (82 FR 1296, January 
5, 2017).

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 
the California Department of Parks and Recreation (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). Additionally, a 
Conservation Strategy was developed that outlined additional 
conservation actions for this taxon (Fraga and Kietzer 2009, entire). 
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 the 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 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 2012, pp. 1-4). 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 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). As a precaution, backup 
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 action will provide 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. Additional germination trials are 
needed to determine a long-term protocol for seed banking and use of 
seeds to sustain recovery. This project is ongoing and is discussed in 
further detail in the 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

    The Conservation Strategy was used as the foundation for the PDM 
plan. Methods for long-term monitoring of this taxon are discussed 
further in the PDM plan (see ADDRESSES for information on viewing the 
PDM plan).

Summary of Changes From the Proposed Rule

    We have considered all comments and information received during the 
comment period for the proposed rule to delist Trichostema 
austromontanum ssp. compactum. In this final rule, we have made only 
minor changes based on comments received during the public comment 
period. We made changes in response to peer reviewer recommendations, 
and included an expanded discussion of stochastic events (such as 
wildfire) that could impact the subspecies and its habitat.

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

[[Page 25395]]

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 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 final delisting rule, our forecast of 
future impacts is based on a review of the period of available data for 
each potential threat 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 lifespan 
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 examining the effects of small 
populations is inherently difficult to assess, especially for an annual 
plant, 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 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, 
September 14, 1998). Habitat loss or alteration associated with land 
use and land management practices 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

    As described in the proposed rule and reaffirmed here, there are no 
threats now nor are there likely to be any threats in the future to 
Trichostema austromontanum ssp. compactum, throughout its range, 
related to overutilization for commercial, recreational, scientific, or 
educational purposes. For a detailed discussion of potential threats 
related to overutilization for commercial, recreational, scientific, or 
educational purposes, please see our proposed delisting rule (82 FR 
1296, January 5, 2017).

C. Disease or Predation

    No threats to Trichostema austromontanum ssp. compactum were 
attributed to Factor C in the 1998 listing rule (63 FR 49006, September 
14, 1998). We have no data to suggest that herbivory or disease are 
affecting T. a.

[[Page 25396]]

ssp. compactum, nor do we have data that suggest impacts from these 
sources will become a threat in the future.

D. The Inadequacy of Existing Regulatory Mechanisms

    In our discussions under Factors A, B, C, and E, we evaluate the 
significance of threats as mitigated by any conservation efforts and 
existing regulatory 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 at that time (63 
FR 49006, September 14, 1998). 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 concluded 
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 a Natural Preserve, which 
itself is within State Wilderness. As such, we continue to conclude 
that it is unlikely that an action will occur that would trigger 
section 404 of the Federal CWA.
California Department of Parks and Recreation
    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 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-ac (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. Due to the remote location, the weather station at Hidden 
Lake has been difficult to maintain, however, CDPR plans to resolve 
these issues in the future in order to obtain useful data from this 
station.
    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 trail, 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 T. a. 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.

[[Page 25397]]

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 
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 the 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 
conclude that 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 conclude 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, September 14, 1998, 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, we concluded that trampling was a threat to 
Trichostema austromontanum ssp. compactum due to its extremely narrow 
endemic habitat and easy accessibility to Hidden Lake from the trail, 
just over a mile from the Palm Springs Aerial Tramway (63 FR 49006, 
September 14, 1998). This site became increasingly popular with the 
development of the 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, September 14, 1998) 
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, September 25, 2007; 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 has taken 
measures to minimize future impacts of certain recreational uses of 
Hidden Lake that are incompatible with the conservation of the 
subspecies. 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, September 14, 1998), 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

[[Page 25398]]

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 concern that in years when 
there were fewer than 100 individual plants, very little seed was 
produced, resulting in a species that may not be self-sustaining.
    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, onsite 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 of 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 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 
demonstrates resiliency and has allowed the subspecies to remain 
viable. 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 conclude 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 
offsite, artificial collection of seeds held in special climate-
controlled conditions for long-term storage) has been established and 
is discussed further in the 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. Though increased vulnerability to 
stochastic events has 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, September 
14, 1998), fire could affect the area in the future. A fire burned near 
Hidden Lake in 2013 (Mountain Fire). Though there were no impacts to T. 
a. ssp. compactum, a large fire could potentially affect the lake, and 
subsequently T. a. ssp. compactum, through increased sedimentation or 
changes to the hydrology.
    While it is possible that stochastic events could impact 
Trichostema austromontanum ssp. compactum in the future, we conclude 
that this threat alone is not significant enough to cause long-term 
population declines because the natural persistent seed bank in the 
soil would likely survive such events, including fire. RSABG collected 
T. a. ssp. compactum seeds over 3 years (2006, 2008, and 2009) and is 
maintaining an ex situ (offsite) conservation seed bank. As indicated 
in the PDM plan, additional research is needed to estimate the size of 
the seed bank, as well as additional collections during years of high 
and low abundance. Maintenance of this seed bank 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, 
September 14, 1998). 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 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

[[Page 25399]]

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 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 0.47[emsp14][deg]F per 100 years (0.95 
 0.26 [deg]C per 100 years) since 1895, and 3.11 1.16[emsp14][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  0.57[emsp14][deg]F per 100 years 
(0.82  0.32 [deg]C per 100 years) since 1895, and 2.54 
 1.38[emsp14][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 2007, pp. 44-
45; 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[emsp14][deg]F to 5.22[emsp14][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[emsp14][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

[[Page 25400]]

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), 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 included monitoring in the 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, data suggest this subspecies has a soil seed 
bank and germination mechanisms that have allowed the taxon to remain 
viable 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. Though stochastic events, such as wildfire, could 
affect the subspecies in the future, the soil seedbank will likely be 
maintained, facilitating 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.

Summary of Comments and Recommendations

    In the proposed rule published on January 5, 2017 (82 FR 1296), we 
requested that all interested parties submit written comments on the 
proposal by March 6, 2017. We also contacted appropriate Federal and 
State agencies, scientific experts and organizations, and other 
interested parties and invited them to comment on the proposal. We did 
not receive any requests for a public hearing. Another comment period 
was opened on November 1, 2017, for 30 days in order to publish a legal 
notice and to give all interested parties further opportunity to 
comment on the proposed rule to delist Trichostema austromontanum 
subsp. compactum (82 FR 50606). Newspaper notices inviting general 
public comment were published in The Desert Sun.
    During the comment periods for the proposed rule, we received a 
total of 17 comment letters or statements directly addressing the 
proposed action. These included 4 comments from peer reviewers and 13 
comments during open comment periods (1 from the State and 12 from the 
general public) that are posted on Federal docket no. FWS-R8-ES-2016-
0127. Three of the public comments (including comments from the State) 
supported the proposed action to delist Trichostema austromontanum ssp. 
compactum. A fourth commenter provided no relevant information related 
to T. a. ssp. compactum. The remaining nine public commenters objected 
to the action to delist the subspecies; however, of these, only one 
provided substantive information regarding the proposed delisting rule.
    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from seven knowledgeable 
individuals with scientific expertise that included familiarity with 
Trichostema austromontanum ssp. compactum and its habitat, biological 
needs, and threats, as well as familiarity with conservation biology, 
plant systematics, rare species, and plant phylogeography. We received 
responses from four of the peer reviewers. The reviewers generally 
supported the proposed delisting rule and commented that the current 
status of T. a. ssp. compactum is accurately presented.
    We reviewed all comments received from the peer reviewers and the 
public for substantive issues and new information regarding the 
delisting of Trichostema austromontanum ssp. compactum. Substantive 
comments received during the comment period are addressed below and, 
where appropriate, incorporated directly into this final rule and the 
post-delisting monitoring plan.

Comments From Peer Reviewers

    Comment (1): Multiple reviewers commented on the natural seed bank. 
One peer reviewer expressed concern with the density of the seed bank 
and said it would be useful to know more about the mean seed set in 
order to be better able to predict size of the seed bank and stability 
of the population. Another peer reviewer recommended identifying 
specific targets for number of plants/seeds stored and stated that 
different genotypes may be represented in different years, so ex situ 
collections should target multiple years including those with large and 
small numbers of plants.
    Our Response: We appreciate the suggestions from peer reviewers and 
identified additional research that is needed to inform implementation 
of the PDM plan.
    Comment (2): One peer reviewer asked whether the proposed 13-year 
monitoring will result in the appropriate data to assess if the species 
remains recovered and whether monitoring every 3 years provides enough 
information to assess trends. They recommended monitoring more 
regularly, perhaps in paired years.
    Our Response: Though more regular surveys will likely occur (State 
Parks and RSABG have conducted annual surveys for the past several 
years), this PDM plan describes at a minimum the 5 years of post-
delisting monitoring that will occur following removal from the Federal 
List of Endangered and Threatened Plants. These 5 years of monitoring 
have been expanded over a 13-year period to enable us to look for and 
detect changes in the population following delisting. The PDM plan 
further indicates that at the end of each survey year and at the end of 
the planned 13-year monitoring period, PDM data will be assessed to 
determine whether the survey protocols are functioning as anticipated 
and whether any changes in species protection are needed. If monitoring 
indicates that the species may be less secure than anticipated, the 
duration of the PDM period may be extended. Additional parameters or 
increased monitoring frequency could also be considered to increase the 
probability of detecting any future declines.
    Comment (3): Peer reviewers made several additional recommendations 
for the final PDM plan, including: (1) Clarifying the trigger for re-
listing and how it will be confirmed from monitoring; (2) monitoring of 
visitation

[[Page 25401]]

rates to Hidden Lake bluecurls; (3) monitoring potential dispersal 
rates of nonnative plant species; (4) clarifying triggers for how the 
ex-situ seed bank would be used should it be needed, and how seeds 
would be used for reintroduction; and (5) clarifying genetic diversity, 
seed viability, and seed collection standards for seeds stored in the 
ex-situ seed bank.
    Our Response: We appreciate the suggestions from the peer 
reviewers, and have adjusted the PDM plan to incorporate these 
recommendations.
    Comment (4): One peer reviewer indicated that they have concerns 
regarding the sampling approach between the two methods described in 
the PDM plan. The reviewer indicated that an entire population census 
approach would be best to monitor population trends for this annual 
plant rather than restricted random sampling in years when large 
numbers of plants occur.
    Our Response: We appreciate the information from peer reviewers. 
Annual surveys were conducted using this refined monitoring plan for 
the past 5 years. We will continue to work with our partners to 
evaluate methods for detecting trends.
    Comment (5): One peer reviewer suggested that it is premature to 
suggest that Trichostema austromontanum ssp. compactum is not commonly 
pollinated by insects.
    Our Response: We have made revisions to the final rule to reflect 
that additional research is needed to investigate the importance of 
pollinators for reproduction and seed set of Trichostema austromontanum 
ssp. compactum.
    Comment (6): One peer reviewer thought that we had underestimated 
the potential threat from wildfire, given recent drought and resulting 
increases in dead or stressed trees in the San Jacinto Mountains and a 
fire in close proximity to Hidden Lake in 2013. The reviewer noted 
that, despite the species' long-lived seed bank, a wildfire could 
result in altered hydrology and increased sedimentation into Hidden 
Lake.
    Our Response: We have added a short discussion of fire and 
stochastic events to the discussion of threats above. While we 
acknowledge that there is a chance that fire could impact the species, 
the natural and ex situ seed banks provide the ability to respond to 
this type of stochastic event, should it occur.

Public Comments

    Comment (7): One public commenter recommended that post-delisting 
monitoring should be extended to a minimum of 25 years in order to 
monitor ongoing changes in climate and that status reviews be completed 
every 5 years and made publicly available.
    Our Response: Section 4(g) of the Act states that the Secretary 
shall implement a system in cooperation with the States to monitor 
effectively for not less than 5 years the status of all species that 
have recovered to the point at which the measures provided pursuant to 
the Act are no longer necessary. As discussed above, the PDM plan for 
Trichostema austromontanum subsp. compactum expands the required 5-year 
period to 13 years. More regular surveys will likely occur as State 
Parks and RSABG have conducted annual surveys for the past several 
years. Furthermore, the PDM plan indicates that at the end of the 13-
year monitoring period the PDM data will be assessed to determine 
whether the data collection protocols are functioning as anticipated 
and whether changes in species protection are needed. We have 
determined that this timeframe is sufficient, and if monitoring 
indicates that the species may be less secure than anticipated, the 
duration of the PDM period may be extended.
    Comment (8): One public commenter stated that the PDM plan needs 
triggers for action if downward trends or impacts are reported from 
monitoring efforts.
    Our Response: If data produced as part of or in conjunction with 
this PDM plan suggest that Trichostema austromontanum subsp. compactum 
are in decline or habitat destruction at Hidden Lake reaches a 
magnitude such that the species is likely to become endangered, it 
would trigger potential commencement of re-listing procedures. The 
justifications for four potential outcomes are described in the PDM 
plan. These actions are based on the status of trends and current 
impacts to the species and lay out the steps needed to determine if 
additional protections are needed.
    Comment (9): One public commenter stated that the main threat to 
Trichostema austromontanum ssp. compactum is trampling by hikers. The 
commenter suggested that the Service and the Department of the Interior 
restrict access from known populations and that research be conducted 
to identify where plants occur so that trails could be rerouted to 
avoid them.
    Our Response: The entire distribution where Trichostema 
austromontanum ssp. compactum occurs is owned by the State of 
California and managed by CDPR. As discussed above, CDPR has conducted 
surveys for this subspecies for the past several years and protections 
enacted in association with the Preserve and Wilderness designation are 
anticipated to remain should this subspecies be delisted. They are 
working to minimize impacts to T. a. ssp. compactum through 
construction of a new trail (Hidden Divide Trail), which will minimize 
unauthorized access and enable access only through a permit system. The 
trail will provide viewing areas and interpretive signs to educate 
visitors about the unique ecosystem, and fencing has been installed to 
restrict physical access.

Determination

Standard for Review

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species meets the definition of ``endangered species'' or 
``threatened species.'' The Act defines an ``endangered species'' as a 
species that is ``in danger of extinction throughout all or a 
significant portion of its range,'' and a ``threatened species'' as a 
species that is ``likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range.'' The Act requires that we determine whether a species meets the 
definition of ``endangered species'' or ``threatened species'' because 
of any of the following factors: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
Overutilization for commercial, recreational, scientific, or 
educational purposes; (C) Disease or predation; (D) The inadequacy of 
existing regulatory mechanisms; or (E) Other natural or manmade factors 
affecting its continued existence. The same factors apply whether we 
are analyzing the species' status throughout all of its range or 
throughout a significant portion of its range.
    On July 1, 2014, we published a final policy interpreting the 
phrase ``significant portion of its range'' (SPR) (79 FR 37578). 
Aspects of that policy were vacated for species that occur in Arizona 
by the United States District Court for the District of Arizona. CBD v. 
Jewell, No. CV-14-02506-TUC-RM (Mar. 29, 2017), clarified by the court, 
Mar. 29, 2017. Since Trichostema austromontanum ssp. compactum does not 
occur in Arizona, for this finding we rely on the SPR Policy, and also 
provide additional explanation and support for our interpretation of 
the SPR phrase. In our policy, we interpret the phrase ``significant 
portion of its range'' in the Act's definitions of ``endangered 
species'' and ``threatened species'' to

[[Page 25402]]

provide an independent basis for listing a species in its entirety; 
thus there are two situations (or factual bases) under which a species 
would qualify for listing: A species may be in danger of extinction or 
likely to become so in the foreseeable future throughout all of its 
range; or a species may be in danger of extinction or likely to become 
so throughout a significant portion of its range. If a species is in 
danger of extinction throughout an SPR, it, the species, is an 
``endangered species.'' The same analysis applies to ``threatened 
species.''
    Our final policy addresses the consequences of finding a species is 
in danger of extinction in an SPR, and what would constitute an SPR. 
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 distinct population segment (DPS), we 
will list the DPS rather than the entire taxonomic species or 
subspecies.
    The SPR policy applies to analyses for all status determinations, 
including listing, delisting, and reclassification determinations. As 
described in the first element of our policy, once the Service 
determines that a ``species''--which can include a species, subspecies, 
or DPS--meets the definition of ``endangered species'' or ``threatened 
species,'' the species must be listed in its entirety and the Act's 
protections applied consistently to all individuals of the species 
wherever found (subject to modification of protections through special 
rules under sections 4(d) and 10(j) of the Act).
    For the second element, the policy sets out the procedure for 
analyzing whether any portion is an SPR; the procedure is similar, 
regardless of the type of status determination we are making. The first 
step in our assessment of the status of a species is to determine its 
status throughout all of its range. We subsequently examine whether, in 
light of the species' status throughout all of its range, it is 
necessary to determine its status throughout a significant portion 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 is required. The policy explains in detail the bases 
for this conclusion--including that this process ensures that the SPR 
language provides an independent basis for listing; maximizes the 
flexibility of the Service to provide protections for the species; and 
eliminates the potential confusion if a species could meet the 
definitions of both ``endangered species'' and ``threatened species'' 
based on its statuses throughout its range and in a significant portion 
of its range. See, e.g., SPR Policy, 79 FR 37580-81, July 1, 2014.

Hidden Lake Bluecurls Determination of Status Throughout All of Its 
Range

    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 
T. a. 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. CDPR 
indicated that the Hidden Divide Trail will be a pedestrian trail and 
equestrian use will not be authorized. 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. The species' soil seed bank provides resiliency that 
allows the species to remain viable through years with poor conditions, 
and, therefore, low numbers in some years 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.
    Ongoing management by CDPR and protections provided by designation 
as a State Wilderness Area as well as designation as the Hidden Lake 
Divide Natural Preserve work to protect this area from development or 
other habitat disturbance. Management by State Parks has successfully 
ameliorated threats to the species and the species' adaptations,

[[Page 25403]]

including the soil seedbank, provide sufficient resilience to withstand 
its variable environment. 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.

Determination of Status Throughout a Significant Portion of Its Range

    Consistent with our interpretation that there are two independent 
bases for listing species as described above, after examining the 
status of Hidden Lake bluecurls throughout all of its range, we now 
examine whether it is necessary to determine its status throughout a 
significant portion of its range. Per our final SPR policy, we must 
give operational effect to both the ``throughout all'' of its range 
language and the SPR phrase in the definitions of ``endangered 
species'' and ``threatened species.'' We have concluded that to give 
operational effect to both the ``throughout all'' language and the SPR 
phrase, the Service should conduct an SPR analysis if (and only if) a 
species does not warrant listing according to the ``throughout all'' 
language.
    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. To undertake 
this 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 in analyzing portions of the range that 
have no reasonable potential to be significant or in analyzing portions 
of the range in which there is no reasonable potential for the species 
to be endangered or threatened. To identify only those portions that 
warrant further consideration, we determine whether there is 
substantial information indicating that there are any portions of the 
species' range: (1) That may be ``significant'' and (2) where the 
species may be in danger of extinction 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 in danger of 
extinction or likely to become so in the foreseeable future 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, one key part of identifying portions for further 
analysis may be whether the threats or effects of threats are 
geographically concentrated in some way. If a species is not in danger 
of extinction or likely to become so in the foreseeable future 
throughout all of its range and the threats to the species are 
essentially uniform throughout its range, then the species is not 
likely to be in danger of extinction or likely to become so in the 
foreseeable future in any portion of its range and no portion is likely 
to warrant further consideration. Moreover, if any concentration of 
threats applies only to portions of the species' range that are not 
``significant,'' such portions will not warrant further consideration.
    We evaluate the significance of the portion of the range based on 
its biological contribution to the conservation of the species. For 
this reason, we describe the threshold for ``significant'' in terms of 
an increase in the risk of extinction for the species. We conclude in 
our policy that such a biologically based definition of ``significant'' 
best conforms to the purposes of the Act, is consistent with judicial 
interpretations, and best ensures species' conservation. We determine 
if a portion's biological contribution is so important that the portion 
qualifies as ``significant'' by asking whether, without that portion, 
the status of the species would be so impaired that the species would 
be in danger of extinction or likely to become so in the foreseeable 
future (i.e., would be an ``endangered species'' or a ``threatened 
species''). Conversely, we would not consider the portion of the range 
at issue to be ``significant'' if there is sufficient viability 
elsewhere in the species' range that the species would not be in danger 
of extinction or likely to become so throughout its range even if the 
population in that portion of the range in question became extirpated 
(extinct locally).
    If we identify any portions (1) that may be significant and (2) 
where the species may be in danger of extinction or likely to become so 
in the foreseeable future, we engage in a more-detailed analysis to 
determine whether these standards are indeed met. The identification of 
an SPR does not create a presumption, prejudgment, or other 
determination as to whether the species is in danger of extinction or 
likely to become so in the foreseeable future in that identified SPR. 
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 make 
that determination, we will use the same standards and methodology that 
we use to determine if a species is in danger of extinction or likely 
to become so in the foreseeable future throughout all of its range.
    If we have identified portions of the species' range for further 
analysis, we conduct a detailed analysis of the significance of the 
portion and the status of the species in that portion. Depending on the 
biology of the species, its range, and the threats it faces, it might 
be more efficient for us to address the significance question first or 
the status question first. If we address significance first and 
determine that a portion of the range is not ``significant,'' we do not 
need to determine whether the species is in danger of extinction or 
likely to become so in the foreseeable future there; if we address the 
status of the species in portions of its range first and determine that 
the species is not in danger of extinction or likely to become so in a 
portion of its range, we do not need to determine if that portion is 
``significant.''
    Applying the process described above, to identify whether any 
portions warrant further consideration for Trichostema austromontanum 
ssp. compactum, we determine whether there is substantial information 
indicating that (1) particular 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.
    First, we will consider whether there is substantial information to 
indicate that Trichostema austromontanum ssp. compactum faces any 
threats or effects of threats that are geographically concentrated in 
any portion of the subspecies' range.
    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. It 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 area occupied by the subspecies. Within this 2-ac (1-ha) 
area, there is no natural division that would arbitrarily separate one 
portion of the range from another. Because of the limited geographic 
area the subspecies occupies, the entire subspecies 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.

[[Page 25404]]

    We conclude that there are no portions of the subspecies' range 
that are likely to be both significant and be in danger of extinction 
or likely to become so in the foreseeable future. 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.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to Trichostema austromontanum ssp. compactum. Because the species is 
neither in danger of extinction now nor likely to become so in the 
foreseeable future throughout all or any significant portion of its 
range, the species does not meet the definition of an endangered 
species or threatened species. Therefore, we find that T. a. ssp. 
compactum no longer requires the protection of the Act, and we are 
removing 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 subspecies' continued existence. This 
final rule revises 50 CFR 17.12 to remove T. a. ssp. compactum from the 
Federal List of Endangered and Threatened Plants, and these 
prohibitions no longer apply. Because critical habitat has not been 
designated for this taxon, this rule does not affect 50 CFR 17.96.

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 prepared a PDM plan for Trichostema austromontanum ssp. 
compactum. The plan discusses the current status of the taxon and 
describes the methods proposed for monitoring after the taxon is 
removed from the Federal List of Endangered and Threatened Plants 
(https://ecos.fws.gov). The PDM plan:
    (1) Summarizes the status of Trichostema austromontanum ssp. 
compactum at the time the final delisting rule published;
    (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;
    (6) Indicates what additional research is needed to implement the 
PDM plan; and
    (7) 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.

Required Determinations

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 final 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 final 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.

Regulation Promulgation

    Accordingly, we 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; and 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: May 1, 2018.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-11786 Filed 5-31-18; 8:45 am]
 BILLING CODE P