Endangered and Threatened Wildlife and Plants; Removing Bradshaw's Lomatium (Bradshaw's lomatium) From the Federal List of Endangered and Threatened Plants, 65067-65080 [2019-25545]
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Proposed Rules
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 13, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019–25584 Filed 11–25–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2019–0013;
FSES1130900000006–189–FF09E42000]
RIN 1018–BD59
Endangered and Threatened Wildlife
and Plants; Removing Bradshaw’s
Lomatium (Bradshaw’s lomatium)
From the Federal List of Endangered
and Threatened Plants
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
remove Bradshaw’s lomatium
(Bradshaw’s lomatium, also known as
Bradshaw’s desert parsley), a plant
found in western Oregon and
southwestern Washington, from the
Federal List of Endangered and
Threatened Plants due to recovery. Our
review of the best available scientific
and commercial data indicates that the
threats to Bradshaw’s lomatium have
been eliminated or reduced to the point
that the species no longer meets the
definition of an endangered or
threatened species under the
Endangered Species Act of 1973, as
amended (Act). We request information
and comments from the public
regarding this proposed rule and the
draft post-delisting monitoring plan for
Bradshaw’s lomatium.
DATES: We will accept comments
received or postmarked on or before
January 27, 2020. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
Eastern Time on the closing date. We
must receive requests for public
hearings, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by January 10, 2020.
ADDRESSES: Written comments: You may
submit comments by one of the
following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
SUMMARY:
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www.regulations.gov. In the Search box,
enter FWS–R1–ES–2019–0013, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rule box to locate this
document. You may submit a comment
by clicking on ‘‘Comment Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: Docket No. FWS–R1–
ES–2019–0013; U.S. Fish and Wildlife
Service, MS: BPHC, 5275 Leesburg Pike,
Falls Church, VA 22041–3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
Document availability: This proposed
rule and the draft post-delisting
monitoring plan are available on https://
www.regulations.gov under Docket No.
FWS–R1–ES–2019–0013. In addition,
the supporting file for this proposed
rule will be available for public
inspection, by appointment, during
normal business hours, at the Oregon
Fish and Wildlife Office, 2600 SE 98th
Avenue, Suite 100, Portland, OR 97266;
telephone: 503–231–6179.
FOR FURTHER INFORMATION CONTACT: Paul
Henson, State Supervisor, U.S. Fish and
Wildlife Service, Oregon Fish and
Wildlife Office, 2600 SE 98th Avenue,
Suite 100, Portland, OR 97266;
telephone 503–231–6179. If you use a
telecommunications device for the deaf
(TDD), please call the Federal Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: This
document consists of: (1) A summary of
the most recent review of the status of
Bradshaw’s lomatium, resulting in a
recommendation that the species be
removed from the Federal List of
Endangered and Threatened Plants
(List); and (2) a proposal to remove
Bradshaw’s lomatium from the Federal
List of Endangered and Threatened
Plants.
Information Requested
Public Comments
Any final action resulting from this
proposed rule will be based on the best
scientific and commercial data available
and be as accurate as possible.
Therefore, we request comments or
information from other concerned
governmental agencies, Tribes, the
scientific community, industry, or other
interested parties concerning this
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proposed rule. The comments that will
be most useful and likely to influence
our decisions are those supported by
data or peer-reviewed studies and those
that include citations to, and analyses
of, applicable laws and regulations.
Please make your comments as specific
as possible and explain the basis for
them. In addition, please include
sufficient information (such as scientific
journal articles or other publications)
with your comments to allow us to
authenticate any scientific or
commercial data you reference or
provide. In particular, we seek
comments concerning the following:
(1) Reasons why we should or should
not remove Bradshaw’s lomatium from
the Federal List of Endangered and
Threatened Plants (i.e., ‘‘delist’’ the
species under the Act, 16 U.S.C. 1531 et
seq.).
(2) New biological or other relevant
data concerning any threat (or lack
thereof) to Bradshaw’s lomatium and
any existing regulations that may be
addressing these or any of the stressors
to the species discussed here.
(3) New information concerning the
population size or trends of Bradshaw’s
lomatium.
(4) New information on the current or
planned activities within the range of
Bradshaw’s lomatium that may either
adversely affect or benefit the plant.
(5) New information or data on the
projected and reasonably likely impacts
to Bradshaw’s lomatium or its habitat
associated with climate change or any
other factors that may affect the species
in the future.
(6) Information pertaining to the
requirements for post-delisting
monitoring of Bradshaw’s lomatium.
Please note that submissions merely
stating support for or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination. Section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is an endangered or threatened
species must be made ‘‘solely on the
basis of the best scientific and
commercial data available.’’
Prior to issuing a final rule on this
proposed action, we will take into
consideration all comments and any
additional information we receive. Such
information may lead to a final rule that
differs from this proposal. All comments
and recommendations, including names
and addresses, will become part of the
administrative record.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
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comments only by the methods
described in ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the website. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Comments and materials we receive,
as well as supporting documentation we
used in preparing this proposed rule,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Oregon Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
Public Hearing
Section 4(b)(5) of the Act provides for
a public hearing on this proposal, if
requested. Requests must be received
within 45 days after the date of
publication of this proposed rule in the
Federal Register (see DATES, above).
Such requests must be sent to the
address shown in FOR FURTHER
INFORMATION CONTACT. We will schedule
a public hearing on this proposal, if
requested, and announce the date, time,
and place of the hearing, as well as how
to obtain reasonable accommodations,
in the Federal Register and local
newspapers at least 15 days before the
hearing.
Peer Review
In accordance with our joint policy on
peer review published in the Federal
Register on July 1, 1994 (59 FR 34270),
we sought the expert opinions of four
appropriate and independent specialists
with knowledge of the biology and
ecology of Bradshaw’s lomatium
regarding the species status assessment
report (Service 2018; see Status
Assessment for Bradshaw’s lomatium,
below) that forms the basis for our 5year review and this proposed rule. The
purpose of peer review is to ensure that
our determination regarding the status
of the species under the Act is based on
scientifically sound data, assumptions,
and analyses. We received feedback
from three of the four peer reviewers
contacted; their comments and
corrections have been incorporated into
the species status assessment report, as
appropriate.
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Background
Status Assessment for Bradshaw’s
Lomatium
A thorough review of the taxonomy,
life history, and ecology of Bradshaw’s
lomatium is presented in the document
‘‘Species Status Assessment Report for
Bradshaw’s lomatium (Lomatium
bradshawii (Rose ex. Math.) Mathias &
Constance) Version 1.0’’ (hereafter
‘‘species status report’’; Service 2018),
which is available at https://
www.regulations.gov in Docket No.
FWS–R1–ES–2019–0013, under
Supporting Documents. The species
status report documents the results of
our comprehensive biological status
review for Bradshaw’s lomatium, and
has undergone peer review. The species
status report does not represent any
decision by the Service regarding the
status of Bradshaw’s lomatium under
the Act. It does, however, provide the
scientific basis that informed our most
recent 5-year review, which resulted in
a recommendation that the species
should be removed from the List. The
species status report also serves as one
of the bases for this proposed rule and
our regulatory decision, which involves
the further application of standards
within the Act and its implementing
regulations and policies.
In this proposed rule, we present only
a summary of the key results and
conclusions from the species status
report; the full report is available at
https://www.regulations.gov, as
referenced above.
Summary of the Biology of the Species
Bradshaw’s lomatium is a perennial
herb in the carrot or parsley family
(Apiaceae) that is endemic to wet prairie
habitats in western Oregon’s Willamette
Valley and adjacent southwestern
Washington. These seasonally wet
habitats may be flooded in the spring, or
have soils saturated at or near the
surface due to factors such as heavy
precipitation in winter and spring,
flooding, and poor drainage. A high
light environment is important for
Bradshaw’s lomatium to complete its
life cycle and reproduce, as reduced
sunlight is associated with lower flower
and seed production (Alverson 1993,
unpublished data). This species is often
associated with tufted hairgrass
(Deschampsia cespitosa), and frequently
occurs on and around the small mounds
created by senescent tufted hairgrass
plants. In wetter areas, Bradshaw’s
lomatium occurs on the edges of tufted
hairgrass or sedges in patches of bare or
open soil. In drier areas, it is found in
low areas, such as small depressions,
trails, or seasonal channels, with open,
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exposed soils. Self-fertilization is rare in
Bradshaw’s lomatium (Kaye and
Kirkland 1994, p. 8), indicating that
pollinator-mediated outcrossing is
required for reproduction. Over 30
species of solitary bees, flies, wasps, and
beetles have been observed visiting the
flowers (Kaye 1992, p. 3; Kaye and
Kirkland 1994, p. 9; Jackson 1996, pp.
72–76). Bradshaw’s lomatium does not
reproduce asexually and depends
exclusively on seeds for reproduction
(Kaye 1992, p. 2), but does not maintain
a persistent seed bank in the soil.
Although some fruit survives in the soil
for 1 year, the seeds are not viable (Kaye
et al. 2001, p. 1376). Further
information on the basic biology and
ecology of Bradshaw’s lomatium is
summarized in the species status report
(Service 2018, entire).
Previous Federal Actions
Section 12 of the Act directed the
Secretary of the Smithsonian Institution
to prepare a report on those plants
considered to be endangered,
threatened, or extinct. This report,
designated as House Document No. 94–
51, was presented to Congress on
January 9, 1975. On July 1, 1975, the
Service published a notice in the
Federal Register (40 FR 27823) of its
acceptance of the report of the
Smithsonian Institution as a petition
within the context of former section
4(c)(2) of the Act (petition acceptance is
now governed by section 4(b)(3) of the
Act), and of its intention to review the
status of the plant taxa named within.
On June 16, 1976, the Service published
a proposed rule in the Federal Register
(41 FR 24523) to determine
approximately 1,700 vascular plant
species to be endangered species
pursuant to section 4 of the Act. This
list of 1,700 plant taxa was assembled
on the basis of comments and data
received by the Smithsonian Institution
and the Service in response to House
Document No. 94–51 and the July 1,
1975, Federal Register publication.
Bradshaw’s lomatium was included in
the July 1, 1975, notice of review and in
the June 16, 1976, proposal.
The Amendments of 1978 to the Act
(Pub L. 95–632, November 10, 1978)
required that all proposals over 2 years
old be withdrawn. A 1-year grace period
was established for proposals already
over 2 years old. On December 10, 1979,
the Service published a document in the
Federal Register (44 FR 70796)
withdrawing the still-pending portion of
the June 16, 1976, proposal, along with
four other proposals that had expired.
The withdrawal of the proposal to list
Bradshaw’s lomatium was not based on
biological considerations, but instead
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was the result of the administrative
requirements of the Act prior to the
1982 Amendments.
An updated notice of review,
published on December 15, 1980 (45 FR
82480), listed Bradshaw’s lomatium in
Category 1, which comprised taxa for
which sufficient information was
available to support the proposal of
listing as endangered or threatened. On
February 15, 1983, the Service
published notice (48 FR 6752) of its
finding that the petitioned listing of
Bradshaw’s lomatium may be
warranted, in accordance with section
4(b)(3)(A) of the Act, as amended in
1982. On October 13, 1983, October 12,
1984, and again on October 11, 1985,
the petition finding was made that
listing of this taxon was warranted, but
precluded by other pending listing
actions, in accordance with section
4(b)(3)(B)(iii) of the Act (see 51 FR
42117; November 21, 1986). Such a
finding requires that the petition be
treated as a petition that is resubmitted,
pursuant to section 4(b)(3)(C)(i) of the
Act. Therefore, a new finding was made;
the Service found that the petitioned
action was warranted, and on November
21, 1986, published a proposal to list
the species as endangered (51 FR
42116). Bradshaw’s lomatium was
added to the Federal List of Endangered
and Threatened Plants (50 CFR 17.12) as
an endangered species with the
publication of a final rule in the Federal
Register on September 30, 1988 (53 FR
38448)
A recovery plan for Bradshaw’s
lomatium (Service 1993, entire) was first
made available to the public on April 8,
1993 (58 FR 18139, pp. 18225–18226).
Subsequently, a new recovery plan was
developed for Bradshaw’s lomatium in
conjunction with several other plant
and animal species found in prairie
ecosystems of western Oregon and
southwestern Washington. The
Recovery Plan for the Prairie Species of
Western Oregon and Southwest
Washington, hereafter referred to as ‘‘the
recovery plan,’’ constitutes the revised
recovery plan for Bradshaw’s lomatium,
and was made available to the public on
June 29, 2010 (75 FR 37460).
On July 6, 2005, we published a
notice (70 FR 38972) announcing that
we were conducting a 5-year review of
the status of Bradshaw’s lomatium
under section 4(c)(2)(A) of the Act. The
5-year review, completed on September
24, 2009 (Service 2009, entire), resulted
in a recommendation that Bradshaw’s
lomatium remain listed as an
endangered species.
On February 13, 2015, we published
a notice (80 FR 8100) announcing that
we were conducting a new 5-year
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review of the status of Bradshaw’s
lomatium, and requested that the public
provide us any new information
concerning this species. We developed
the species status report for the
purposes of conducting this 5-year
review. This most recent assessment of
the status of the species led us to
recommend that Bradshaw’s lomatium
be removed from the List, because the
species is considered to be recovered.
Because it is our conclusion that
Bradshaw’s lomatium does not now
meet the definition of either an
endangered or a threatened species, as
summarized here, we are proposing to
remove Bradshaw’s lomatium from the
Federal List of Endangered and
Threatened Plants (50 CFR 17.12).
Recovery Planning and Recovery
Criteria
Section 4(f) of the Act directs us to
develop and implement recovery plans
for the conservation and survival of
endangered and threatened species
unless we determine that such a plan
will not promote the conservation of the
species. Under section 4(f)(1)(B)(ii),
recovery plans must, to the maximum
extent practicable, include objective,
measurable criteria which, when met,
would result in a determination, in
accordance with the provisions of
section 4 of the Act, that the species be
removed from the List. However,
revisions to the List (adding, removing,
or reclassifying a species) must reflect
determinations made in accordance
with sections 4(a)(1) and 4(b) of the Act.
Section 4(a)(1) requires that the
Secretary determine whether a species
is endangered or threatened (or not)
because of one or more of five threat
factors. Section 4(b) of the Act requires
that the determination be made ‘‘solely
on the basis of the best scientific and
commercial data available.’’
While recovery plans provide
important guidance to the Service,
States, and other partners on methods of
minimizing threats to listed species and
measurable objectives against which to
measure progress towards recovery, they
are not regulatory documents and
cannot substitute for the determinations
and promulgation of regulations
required under section 4(a)(1) of the
Act. A decision to revise the status of a
species or remove a species from the
Federal List of Endangered and
Threatened Plants (50 CFR 17.12) is
ultimately based on an analysis of the
best scientific and commercial data then
available to determine whether a species
is no longer an endangered species or a
threatened species, regardless of
whether that information differs from
the recovery plan.
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Recovery plans may be revised to
address continuing or new threats to the
species as new substantive information
becomes available. The recovery plan
recommends site-specific management
actions that will help recover the
species, identifies measurable criteria
that set a trigger for eventual review of
the species’ listing status (e.g., under a
5-year review conducted by the
Service), and methods for monitoring
recovery progress. Recovery plans are
intended to establish goals for long-term
conservation of listed species and define
criteria that are designed to indicate
when the threats facing a species have
been removed or reduced to such an
extent that the species may no longer
need the protections of the Act.
There are many paths to
accomplishing recovery of a species,
and recovery may be achieved without
all criteria being fully met. For example,
one or more criteria may be exceeded
while other criteria may not yet be met.
In that instance, we may determine that
the threats are minimized sufficiently to
delist. In other cases, recovery
opportunities may be discovered that
were not known when the recovery plan
was finalized. These opportunities may
be used instead of methods identified in
the recovery plan. Likewise, information
on the species may be learned that was
not known at the time the recovery plan
was finalized. The new information may
change the extent that criteria need to be
met for recognizing recovery of the
species. Recovery of a species is a
dynamic process requiring adaptive
management that may, or may not, fully
follow the guidance provided in a
recovery plan.
In 2010, we finalized the revised
recovery plan for Bradshaw’s lomatium
(Service 2010). The recovery plan states
that Bradshaw’s lomatium could be
considered for downlisting to
threatened status when there are 12
populations and 60,000 plants
distributed in such a way as to reflect
the species’ historical geographic
distribution, when the number of
individuals in the populations have
been stable or increasing over a period
of 10 years, when sites are managed to
meet established habitat quality
guidelines, when a substantial portion
of the species’ habitat is protected for
conservation, and when populations are
managed to ensure maintenance of
habitat and to control threats. To
achieve desired habitat quality, the
recovery plan provides guidelines for a
variety of prairie habitat metrics. These
metrics include:
(1) Sites with populations of target
species should have 50 percent or more
relative cover of native vegetation;
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(2) Woody vegetation should make up
no more than 15 percent of the absolute
vegetative cover, and woody species of
concern should make up no more than
5 percent;
(3) Native prairie species richness
should exceed 10 species, with at least
7 forbs and 1 bunchgrass; and
(4) No single nonnative should have
more than 50 percent cover, and
nonnative species of particular concern
should have no greater than 5 percent
cover.
The recovery plan states that
Bradshaw’s lomatium could be
considered for delisting when there are
20 populations and 100,000 plants
properly distributed, in addition to the
criteria described above. To reflect the
historical distribution of Bradshaw’s
lomatium, the species’ range was
divided into eight recovery zones
(called Southwest Washington,
Portland, Salem West, Salem East,
Corvallis West, Corvallis East, Eugene
West, and Eugene East), and targets for
number of populations and number of
plants for each zone were established
based on historical presence (Service
2010, pp. IV–1–IV–6, IV–31–IV–34).
Two of the recovery zones (Portland
and Salem West) are within the range of
Bradshaw’s lomatium, but do not have
population targets for the species based
on a lack of historical occurrence data.
These recovery zones were nonetheless
retained because if any populations of
Bradshaw’s lomatium were to be
discovered or introduced within these
zones, they could be considered as
contributing to the recovery criteria for
the species (under the category
‘‘additional populations’’).
The expression of recovery criteria in
terms of population abundance,
numbers of populations, and
distribution across recovery zones
reflects a foundational principle of
conservation biology: That there is a
positive relationship between the
relative viability of a species over time
and the resiliency, redundancy, and
representation of its constituent
populations (Shaffer and Stein 2000, pp.
307–310; Wolf et al. 2015, entire). To
look at it another way, extinction risk is
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generally reduced as a function of
increased population abundance
(resiliency), numbers of populations
(redundancy), and distribution or
geographic or genetic diversity
(representation). The recovery criteria
laid out in the recovery plan for
Bradshaw’s lomatium were, therefore,
informative for our review of the status
of the species, as that analysis leans
upon these measures of viability to
assess the current and future status of
the species (Service 2018, pp. 1–2).
The downlisting criteria for number
and distribution of populations and
numbers of plants were intended to help
identify the point at which imminent
threats to the plant had been
ameliorated so that the populations
were no longer in immediate risk of
extirpation; the delisting criteria for
number and distribution of populations
and numbers of plants were intended to
identify the point at which the species
was unlikely to become in danger of
extinction. The estimated abundance of
individuals in all populations has
increased over time, from approximately
25,000 to 30,000 individuals in 11
populations at listing in 1988, to an
estimated 11,277,614 individuals in at
least 24 known populations at present
(Service 2018, p. 39, updated based on
Wilderman 2018, entire). These 24
populations occur on 71 distinct sites
that are owned by a mix of Federal,
State, and local governments;
nongovernmental organizations (NGOs);
and private citizens. Multiple sites are
considered to be part of the same
population when those sites are within
a defined pollinator flight distance of 3
kilometers (km) (2 miles (mi)) of each
other. The current population estimate
is the combined count data from all
sites; for some sites the plant count was
the result of a full census (54 sites),
while for others it was derived by visual
estimate or calculated from count
subsamples that were then extrapolated
over the total area of the site (17 sites).
The increase in known populations and
number of plants over time is due to a
combination of population
augmentation and introductions,
improved habitat management, and
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increased survey effort across the range
of the species. Bradshaw’s lomatium has
been the focus of concentrated recovery
efforts since it was listed in 1988. We
now believe there are likely more than
the recent grand total count of an
estimated 11,277,614 individuals across
the range of Bradshaw’s lomatium
because not all areas of suitable habitat
within the range of the species have
been surveyed, and recent visits to
previously unsurveyed areas have
resulted in the identification of formerly
unknown populations (e.g., Service
2018, p. 10).
In our species status report, we
evaluated and ranked the resiliency of
each population of Bradshaw’s
lomatium using the following criteria:
(1) Population size, (2) current habitat
conditions, (3) protection of the site
from development, and (4) site
management to restore and maintain
appropriate habitat condition. Using
these criteria, each population was
given a rank of high, moderate, or low
condition (Service 2018, pp. 26–30).
The resiliency score for each population
incorporates the degree to which the
primary threats to the species have been
addressed at each site as well as
recovery criteria (population size and
habitat quality), site protection
(addressing habitat loss), and site
management (addressing woody
encroachment and invasive species). For
details on evaluation and ranking of
population condition, see the species
status report (Service 2018, pp. 26–43).
The table below summarizes our
current knowledge of the abundance
and distribution of Bradshaw’s
lomatium relative to the downlisting
and delisting criteria presented in the
recovery plan for the species (from
Service 2018, p. 39, updated based on
Wilderman 2018, entire). Because the
table below summarizes only the
abundance and distribution data for the
species, the information in the table
must be considered in conjunction with
the five-factor analysis of threats to
arrive at the status determination for
Bradshaw’s lomatium.
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populations are distributed from
southeast of Salem, Oregon south to
Creswell, Oregon, both east and west of
the Willamette River. The greatest
density of populations occurs in the
southern portion of the Willamette
Valley near Eugene, Oregon.
Therefore, the most recent counts of
Bradshaw’s lomatium identify nearly
500,000 individuals in 23 known
populations distributed across the
historical range of the species in
Oregon, and distributed among 69
known sites under various types of land
ownership. We considered the
abundance and distribution of
Bradshaw’s lomatium without the
roughly 10.8 million individuals
concentrated in a single population
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(made up of 2 sites) in southwestern
Washington to ensure our evaluation
considered the abundance and
distribution of the species across its
entire range and to ensure our
evaluation was not unduly influenced
by the single large population in
southwestern Washington. Of the 71
known sites, 51 are in public
ownership, are within a public right-ofway, or are owned by a conservationoriented NGO. Of the 20 remaining
sites, 9 are under conservation easement
or are enrolled in the Service’s Partners
for Fish and Wildlife Program (Service
2018, pp. 30–35, 36, 38, Appendix A).
The remaining 11 sites are on private
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Based on the most recent count, the
grand total number of known plants is
11,277,614 (this total includes plants
from populations with fewer than 200
individuals, which we did not count as
contributing toward recovery). Of this
total, an estimated 10,790,658 occur in
a single population in southwestern
Washington. The other approximately
486,956 plants are within 23
populations in Oregon. Considering
only the populations in moderate or
high condition, and with more than 200
plants (i.e., those we are counting
toward recovery and presented in the
table above), we estimate there are
485,595 plants within the 23
populations in Oregon. These
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lands and are not currently under any
formal protection agreements.
The figure below shows the results of
this assessment across the range of the
species. Of the 24 known populations,
4 are in low condition, 9 are in
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moderate condition, 10 are in high
condition, and 1 is in unknown
condition due to the lack of data
(Service 2018, pp. 36–39). Populations
occur in all recovery zones that have
population goals. As noted above, the
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Portland and Salem West Recovery
Zones contain no known current
populations, were not assigned specific
targets by the Recovery Team, and have
no documented historical occurrences
of the species within them.
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Based on this information, we
conclude Bradshaw’s lomatium is much
more numerous than at the time of
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listing and is distributed throughout its
known historical range. Across the 23
populations in Oregon, greater than 99
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percent of known Bradshaw’s lomatium
plants are found on sites receiving some
degree of protection from development
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such as public lands, conservancy
lands, or private lands with
conservation easements (Service 2018,
Appendix A). The single largest
population of the species occurs in
southwestern Washington, and is
composed of individuals from two sites.
The vast majority of plants in the
southwestern Washington population
occur on private property that is not
under some type of protection, but the
site is consistently managed in a manner
conducive to supporting Bradshaw’s
lomatium. The other portion of the
population in southwestern Washington
contains approximately 658 plants, and
this site is owned by the Washington
Department of Natural Resources
(WDNR). The WDNR has been actively
protecting, managing, and augmenting
this smaller portion of the southwestern
Washington population, and they are
currently working to further expand
protection at this site. Furthermore,
WDNR is working to conserve the
sizeable Bradshaw’s lomatium site that
is on private land.
Due to ongoing threats from woody
encroachment and the spread of
nonnative invasive plants, sites
containing Bradshaw’s lomatium
require regular management to maintain
the open prairie conditions that support
robust populations. Management
activities may include, but are not
limited to, herbicide application,
mowing, and prescribed fire. Although
guarantee of management into
perpetuity exceeds the requirements of
the Act in evaluating whether a species
meets the statutory definition of
endangered or threatened, it is
necessary to evaluate whether current
and expected future management is
sufficient to maintain resilient
populations of Bradshaw’s lomatium
into the foreseeable future. Across the
range of Bradshaw’s lomatium, 53 of 71
sites (75 percent) receive some form of
management as described above,
accounting for greater than 99 percent of
known Bradshaw’s lomatium plants. Of
the sites with some form of
management, 41 sites (58 percent of
total sites) have a management plan
with goals for the conservation of
Bradshaw’s lomatium, or with goals for
maintenance of the wet prairie habitat
upon which this species depends. Sites
with management plans include those
owned by the U.S. Army Corps of
Engineers, Bureau of Land Management,
U.S. Fish and Wildlife Service, The
Nature Conservancy, and privately
owned sites covered by the Natural
Resources Conservation Service’s
Wetland Reserve Program (Service 2018,
pp. 30–35, Appendix A).
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These and other data that we analyzed
indicate that most threats identified at
listing and in the recovery plan are
reduced in areas occupied by
Bradshaw’s lomatium. The status of the
species has improved primarily due to:
(1) Discovery of previously unknown
populations; (2) reestablishment and
augmentation of populations over the 30
years since the species was listed; (3)
improvement in habitat management;
and (4) an increase in protection from
development.
Summary of Factors Affecting
Bradshaw’s Lomatium
Section 4 of the Act and its
implementing regulations (50 CFR part
424) set forth the procedures for listing
species, reclassifying species, or
removing species from listed status. The
term ‘‘species’’ includes ‘‘any
subspecies of fish or wildlife or plants,
and any distinct population segment
[DPS] of any species of vertebrate fish or
wildlife which interbreeds when
mature’’ (16 U.S.C. 1532(16)). As
previously stated, 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.
We may consider listing a species due
to one or more of the following: (A) The
present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
predation; (D) the inadequacy of
existing regulatory mechanisms; or (E)
other natural or manmade factors
affecting its continued existence. We
must consider these same five factors in
delisting (removal from the Federal Lists
of Endangered and Threatened Wildlife
and Plants) or downlisting
(reclassification from endangered to
threatened) a species.
For species that are already listed as
endangered or threatened, this analysis
of threats is an evaluation of both the
threats currently facing the species and
the threats that are reasonably likely to
affect the species in the foreseeable
future following the delisting or
downlisting and the removal of the
Act’s protections. A recovered species is
one that no longer meets the Act’s
definition of endangered or threatened.
A species is ‘‘endangered’’ for purposes
of the Act if it is in danger of extinction
throughout all or a ‘‘significant portion
of its range’’ and is ‘‘threatened’’ if it is
likely to become an endangered species
within the foreseeable future throughout
all or a ‘‘significant portion of its range.’’
The word ‘‘range’’ in the ‘‘significant
portion of its range’’ phrase refers to the
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range in which the species currently
exists. For the purposes of this analysis,
we first evaluate the status of
Bradshaw’s lomatium throughout all of
its range, then consider whether this
plant is in danger of extinction or likely
to become so in any significant portion
of its range within the foreseeable
future.
The Act does not define the term
‘‘foreseeable future.’’ Our implementing
regulations at 50 CFR 424.11(d) set forth
a framework within which we evaluate
the foreseeable future on a case-by-case
basis. The term foreseeable future
extends only so far into the future as the
Service can reasonably determine that
both the future threats and the species’
responses to those threats are likely. We
consider 25 to 50 years to be a
reasonable period of time within which
reliable predictions can be made for
potential stressors and responses for
Bradshaw’s lomatium. This period of
time is sufficient to observe population
trends for the species and captures the
terms of many of the management plans
that are in effect at Bradshaw’s
lomatium sites; it also provides a
reasonable timeframe for the assessment
of the effects of climate change.
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 long timeframes. We,
therefore, use a maximum timeframe of
50 years to provide the best balance of
scope of impacts considered versus the
certainty of those impacts being
realized.
In considering what factors might
constitute threats, we must look beyond
the exposure of the species to a
particular factor to evaluate whether the
species may respond to the factor in a
way that causes actual impacts to the
species. If there is exposure to a factor
and the species responds negatively, the
factor may be a threat, and during the
status review, we attempt to determine
the significance of a threat. The threat
is significant if it drives or contributes
to the risk of extinction of the species,
such that the species warrants listing as
endangered or threatened as those terms
are defined by the Act. However, the
identification of factors that could
impact a species negatively may not be
sufficient to compel a finding that the
species warrants listing. The
information must include evidence
sufficient to suggest that the potential
threat is likely to materialize and that it
has the capacity (i.e., it should be of
sufficient magnitude and extent) to
affect the species’ status such that it
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meets the definition of endangered or
threatened under the Act.
At the time of listing, the primary
threats to Bradshaw’s lomatium were
habitat loss due to land use conversion
for agriculture or urbanization and the
invasion of prairie vegetation by various
woody plant species (Factor A) (53 FR
38449–38450; September 30, 1988). The
listing rule did not find that
overutilization for commercial,
recreational, scientific, or educational
purposes (Factor B) posed a threat to
Bradshaw’s lomatium. The listing rule
did note that several parasitic organisms
(a fungus, spittle bug, and two aphids)
could potentially have negative effects
on smaller, stressed populations of the
plant (but not the species as a whole;
Factor C) and questioned whether
inbreeding depression might pose a
threat to the species since the
populations known at the time appeared
to be small and isolated from one
another (Factor E). The rule noted that
further study was required to determine
the significance of these putative threat
factors. Finally, the listing rule noted
that State and Federal regulations
existing at the time did not adequately
protect the plant from habitat loss or
other potential threats (Factor D) (53 FR
38450; September 30, 1988). By the time
the recovery plan was developed in
1993, these same threats were still
considered relevant (Service 1993, p.
12). There are three potential threats
that were not known or considered at
the time of listing: (1) Competition from
nonnative, invasive plant species
(Factor A); (2) potential impacts
resulting from the effects of climate
change (Factor E); and (3) predation by
voles (Microtus spp.) (Factor C), which
has been observed within Bradshaw’s
lomatium sites. Subsequently, we have
conducted a 5-year status review based
on the species status report for
Bradshaw’s lomatium that includes an
analysis of all factors known to affect
the viability of the species (Service
2018, entire).
As discussed in our 2018 species
status report, the threat of habitat loss
from land conversion for agriculture and
urbanization (Factor A) has decreased
since the time of listing due to land
protection efforts. Although a few
privately owned sites are still at risk,
land use conversion is no longer
considered a significant threat to the
viability of Bradshaw’s lomatium due to
the number of sites now receiving some
degree of protection from development
(Service 2018, pp. 36–39, Appendix A).
As described above, in Oregon, which
supports 23 of the 24 known
populations of the species, greater than
99 percent of known Bradshaw’s
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lomatium plants occur on sites
protected through public or NGO
ownership, through designation as a
right-of-way, or by conservation
easements on private lands. In
Washington, one of two sites that
support Bradshaw’s lomatium is owned
by WDNR, and the State is actively
working toward the conservation of the
very large adjacent site that supports the
majority of known individuals of the
species. As the threat posed to
Bradshaw’s lomatium from habitat loss
is no longer considered significant, we
additionally no longer consider State or
Federal protections to be inadequate to
address this threat (Factor D).
The present threat to Bradshaw’s
lomatium from modification of habitat
due to invasion of prairies by nonnative,
invasive plants and by woody species
(Factor A) has been reduced in many
populations due to active habitat
management using herbicides, mowing,
and prescribed fire, but ongoing habitat
management is required to maintain
these improvements. As noted above,
across the range of Bradshaw’s
lomatium, 75 percent of the known sites
receive active management that benefits
the species, and 58 percent of total sites
have a management plan in place with
goals for the conservation of Bradshaw’s
lomatium, or for maintenance of the wet
prairie habitat upon which it depends
(Service 2018, pp. 36–39, Appendix A).
Based on the high proportion of sites
protected or managed, the history of
positive management observed to date,
and ongoing efforts to further restore
and protect wet prairie habitats, we
have confidence that management of
Bradshaw’s lomatium sites will
continue to provide adequate protection
to the species in the long term. We
found no evidence that negative impacts
due to parasitic organisms (Factor C)
constitute a threat to the viability of the
Bradshaw’s lomatium. Predation by
voles (Factor C) appears to vary year to
year, and can substantially reduce
aboveground biomass and reproduction
in years when vole abundance is high.
However, the effect on populations is
believed to be minimal over time as long
as there is sufficient time for Bradshaw’s
lomatium to regenerate taproot reserves
between vole outbreaks (Drew 2000, pp.
54–55), and no consistent long-term
declines attributable to vole predation
have been reported (Service 2018, p.
20).
Concerns over the possibility of
inbreeding depression (Factor E)
expressed at the time of listing are now
reduced due to a subsequent study
indicating that overall genetic diversity
in Bradshaw’s lomatium is relatively
high for a rare species (Gitzendanner
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65075
and Soltis 2001, pp. 352–353), and is
greater than that found in other rare
Lomatium species (Gitzendanner and
Soltis 2000, p. 787), though the most
disjunct population in southwestern
Washington showed relatively lower
genetic diversity than less
geographically isolated populations
(Gitzendanner and Soltis 2001, p. 353).
The threat of inbreeding depression is
further considered reduced since we
now understand Bradshaw’s lomatium
to be primarily an outcrossing species
(which promotes increased genetic
diversity), rather than an obligate selfpollinating species as was believed at
the time of listing (Service 2018, pp. 7,
20).
The potential threat posed to
Bradshaw’s lomatium from the effects of
climate change (Factor E) is difficult to
predict. The primary threat to the
species from the effects of climate
change is likely reduced moisture
availability due to warmer temperatures
and alterations to precipitation patterns
resulting in increased
evapotranspiration. The vulnerability of
Bradshaw’s lomatium to the effects of
climate change, assessed over a range of
potential future emissions scenarios, has
been ranked as anywhere from low to
moderate (Steel et al. 2011, pp. 25, 89)
to highly vulnerable (Kaye et al. 2013,
p. 20). Possible effects of climate change
on Bradshaw’s lomatium include a shift
toward life cycle completion earlier in
the growing season in response to
warmer temperatures and earlier drying,
and reduced population sizes due to
some portions of habitat drying too
much to support Bradshaw’s lomatium
populations. We assessed the potential
impacts of climate change on
Bradshaw’s lomatium projected out over
a period up to 50 years in the future.
Published assessments provide only
qualitative appraisals of the potential
response of Bradshaw’s lomatium to the
effects of climate change; therefore, to
be conservative in our analysis, we
evaluated a ‘‘worst case’’ future scenario
in which all populations would be
reduced in size by 50 percent. Even in
the face of such a severe population
reduction, the species is anticipated to
remain viable as indicated by
appreciable levels of resiliency,
redundancy, and representation. We
estimated that populations currently in
low condition or with very low
abundance may be extirpated due to the
combined effects of climate change
impacts and stochastic events; this
translated to an estimated loss of up to
five small populations, with other
populations reduced in size. However,
even with a presumed 50 percent
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reduction in abundance, at least 14 to 16
populations of Bradshaw’s lomatium in
moderate or high condition are expected
to persist on the landscape with ongoing
management. We do not anticipate any
significant effect on representation, that
is, the ability of the species to adapt to
changing environmental conditions over
time (Service 2018, pp. 42–46).
Cumulative Impacts
When multiple stressors co-occur, one
may exacerbate the effects of the other,
leading to effects not accounted for
when each stressor is analyzed
individually. The full impact of these
synergistic effects may be observed
within a short period of time, or may
take many years before they are
noticeable. For example, high levels of
predation on Bradshaw’s lomatium
during vole outbreaks can cause large
temporary population declines, but are
not generally considered a significant
threat to long-term viability;
populations that are relatively large and
well distributed should be able to
withstand such naturally occurring
events. However, the relative impact of
predation by voles may be intensified
when outbreaks occur in conjunction
with other factors that may lessen the
resiliency of Bradshaw’s lomatium
populations, such as prolonged woody
species encroachment; extensive
nonnative, invasive plant infestations;
or possible hydrological alterations
resulting from the effects of climate
change.
Although the types, magnitude, or
extent of potential cumulative impacts
are difficult to predict, we are not aware
of any combination of factors that are
likely to co-occur with significant
negative consequences for the species.
We anticipate that any negative
consequence of co-occurring threats will
be successfully addressed through the
same active management actions that
have contributed to the ongoing
recovery of Bradshaw’s lomatium and
that are expected to continue into the
future. The best scientific and
commercial data available indicate that
Bradshaw’s lomatium is composed of
multiple populations, primarily in
moderate to high condition, which are
sufficiently resilient, well distributed,
protected, and managed such that they
will be robust to any potential
cumulative effects to which they may be
exposed.
Overall, we conclude that under
current conditions, most populations of
Bradshaw’s lomatium are resilient,
because they have abundant numbers of
individuals. There are redundant
populations of Bradshaw’s lomatium,
meaning that multiple populations
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occur in most recovery zones, indicating
that the species has the ability to
minimize potential loss from
catastrophic events. The concern at the
time of listing about a possible genetic
bottleneck has been alleviated by
genetic studies demonstrating that
Bradshaw’s lomatium has relatively
high genetic diversity for a rare species.
Also, with populations distributed
across the known historical range of the
species (Service 2018, p. 40),
Bradshaw’s lomatium has likely
retained much of its adaptive capacity
(i.e., representation). We also
considered the potential future
conditions of Bradshaw’s lomatium,
taking into account the current
condition and additional stressors not
considered at the time of recovery plan
development (e.g., the effects of climate
change). Projecting 25 to 50 years into
the future, under a conservative
estimate that conditions could
potentially worsen such that all existing
populations are reduced by half, the
species would retain its resiliency and
redundancy. With an estimated 14 to 16
populations in moderate or high
condition expected to persist on the
landscape with ongoing management;
representation was not anticipated to be
affected (Service 2018, p. 44). As noted
earlier, the degree to which threats to
the species have been successfully
addressed is incorporated into the
evaluation of population resiliency at
each site (i.e., site protection and
management actions were considered in
the scoring of each population’s current
condition; Service 2018, p. 28). The
continuation of these conservation
measures was an assumption of our
projection.
See the species status report (Service
2018, entire) for a more detailed
discussion of our evaluation of the
biological status of the Bradshaw’s
lomatium and the influences that may
affect its continued existence. Our
conclusions are based upon the best
available scientific and commercial data
and the expert opinions of the species
status assessment team members.
Determination of Bradshaw’s Lomatium
Species Status
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
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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.
Status Throughout All of Its Range
After evaluating threats to the species
under the section 4(a)(1) factors, we
found that the known range of
Bradshaw’s lomatium was considered
dramatically reduced when we listed it
as an endangered species in 1988, and
we estimated that there were 11 small
populations that included a total of
roughly 25,000 to 30,000 individuals. In
addition, the species faced threats from
habitat loss due to land conversion for
agriculture and urbanization, as well as
natural succession to woody species
dominance due to loss of historical
disturbance regimes. As such, it was
perceived to be upon the brink of
extinction. Bradshaw’s lomatium has
been the subject of intensive recovery
efforts since it was listed under the Act
30 years ago, and the discovery of new,
previously unknown populations;
success in augmentation and habitat
restoration and management efforts; and
the protection of Bradshaw’s lomatium
populations and habitats on public
lands and on private lands through
conservation easements and
management agreements with NGOs and
other parties have led to a significant
reduction in threats and improvement
in the status of the species since that
time.
Recovery goals for delisting
Bradshaw’s lomatium were set at a
minimum of 20 populations with a total
of 100,000 individual plants distributed
across its historical range. Under current
conditions, there are 24 known
populations of Bradshaw’s lomatium
distributed throughout the species’
historical range; if we consider only
those populations in high or moderate
condition and containing at least 200
individuals as contributing to recovery,
there are 17 such populations
throughout the range of the species (see
table above). Considering only those 17
populations in high or moderate
condition and with greater than 200
plants, the most recent counts
demonstrate there are an estimated
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486,253 individuals known distributed
throughout the historical range of the
species (our evaluation does not include
the southwestern Washington
population to ensure our evaluation
considered the abundance and
distribution of the species across its
entire range and that it was not unduly
influenced by this single large
population). Our analysis of current
population condition on the basis of
plant abundance, habitat quality,
management, and protection from
development resulted in rankings of 10
populations in high condition overall, 9
populations in moderate condition, and
4 populations in low condition.
Therefore, we are significantly less
concerned about small population sizes
or limited distribution of the species
than we were at the time of listing. The
increase in known populations is due in
large part to increased survey efforts and
incidental discovery of more occupied
habitat, leaving open the potential of
finding even more populations of
Bradshaw’s lomatium in the future.
Acquisition by conservation NGOs, or
enrollment into conservation easement
programs, of sites containing
Bradshaw’s lomatium populations has
substantially reduced the risk of habitat
and population losses due to land use
conversion (Factor A). In addition,
population augmentation or
introduction, combined with ongoing
active management of woody
encroachment and of nonnative,
invasive plant infestations, has
ameliorated the threat posed by these
processes (Factor A) and increased the
resilience of many Bradshaw’s
lomatium populations on protected
sites. Other potential threats identified
at the time of listing have either never
materialized (parasitism by other
organisms (Factor C) or negative effects
of inbreeding depression (Factor E)) or
have been addressed through other
means (i.e., habitat protections and
management, addressing Factor D).
Since listing, we have become aware
of the potential for the effects of climate
change (Factor E) to affect organisms
and ecosystems, including potentially
Bradshaw’s lomatium. We considered
the potential consequences of climate
change and evaluated a future scenario
with up to a 50 percent reduction in the
size of all known populations across the
range of the species. Even in the face of
such a severe population reduction, the
species retained appreciable levels of
resiliency, redundancy, and
representation such that we did not
consider the effects of climate change to
pose a significant threat (Service 2018,
pp. 42–46). To be conservative, our
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analysis of future conditions did not
consider that ongoing efforts to improve
population sizes and habitat quality
have the potential to further increase the
number of resilient populations of
Bradshaw’s lomatium. Many stressors to
the species are being addressed through
habitat management and population
augmentation, but ongoing management
is necessary to maintain resilient
populations throughout the species’
range.
In sum, significant impacts at the time
of listing such as habitat loss due to
land use conversion and woody
encroachment that could have resulted
in the extirpation of all or parts of
populations have been either eliminated
or reduced since listing. An assessment
of likely future conditions, including
the status of known stressors,
management trends, and possible
impacts of climate change, finds that
although populations may decline in
abundance, at least 14 to 16 populations
across the range of the species are
expected to maintain high or moderate
resiliency over a timeframe of 25 to 50
years into the future (Service 2018, pp.
42–46). We, therefore, conclude that the
previously recognized impacts to
Bradshaw’s lomatium from present or
threatened destruction, modification, or
curtailment of its habitat or range
(specifically, habitat development for
agriculture or urbanization and invasion
of prairie vegetation by various woody
plant species) (Factor A); disease or
predation (specifically, parasitism by
insects and predation by voles) (Factor
C); the inadequacy of existing regulatory
mechanisms (Factor D); and other
natural or manmade factors affecting its
continued existence (specifically,
genetic isolation, inbreeding depression,
and the effects of climate change)
(Factor E) do not rise to a level of
significance, either individually or in
combination, such that the species is in
danger of extinction now or likely to
become so within the foreseeable future.
Overutilization for commercial,
recreational, scientific, or educational
purposes (Factor B) was not a factor in
listing and based on the best available
information, we conclude that it does
not constitute a threat to the Bradshaw’s
lomatium now or in the foreseeable
future. The Service recognizes that
woody encroachment and nonnative,
invasive plant species are stressors with
ongoing impacts to Bradshaw’s
lomatium, but finds that current and
expected trends in site protection and
habitat management are sufficient to
prevent these stressors from constituting
a threat to the continued existence of
the species. Thus, after assessing the
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65077
best available information, we conclude
that Bradshaw’s lomatium is not in
danger of extinction or likely to become
so within the foreseeable future
throughout all of its range.
Status Throughout a Significant Portion
of Its Range
Under the Act and our implementing
regulations, a species may warrant
listing if it is in danger of extinction or
likely to become so in the foreseeable
future throughout all or a significant
portion of its range (SPR). Where the
best available information allows the
Services to determine a status for the
species rangewide, that determination
should be given conclusive weight
because a rangewide determination of
status more accurately reflects the
species’ degree of imperilment and
better promotes the purposes of the Act.
Under this reading, we should first
consider whether the species warrants
listing ‘‘throughout all’’ of its range and
proceed to conduct a ‘‘significant
portion of its range’’ analysis if, and
only if, a species does not qualify for
listing as either an endangered or a
threatened species according to the
‘‘throughout all’’ language.
Having determined that Bradshaw’s
lomatium is not in danger of extinction
or likely to become so in the foreseeable
future throughout all of its range, we
now consider whether it may be in
danger of extinction or likely to become
so in the foreseeable future in an SPR.
The range of a species can theoretically
be divided into portions in an infinite
number of ways, so we first screen the
potential portions of the species’ range
to determine if there are any portions
that warrant further consideration. To
do the ‘‘screening’’ analysis, we ask
whether there are portions of the
species’ range for which there is
substantial information indicating that:
(1) The portion may be significant; and,
(2) the species may be, in that portion,
either in danger of extinction or likely
to become so in the foreseeable future.
For a particular portion, if we cannot
answer both questions in the
affirmative, then that portion does not
warrant further consideration and the
species does not warrant listing because
of its status in that portion of its range.
We emphasize that answering both of
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.
If we answer these questions in the
affirmative, we then conduct a more
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thorough analysis to determine whether
the portion does indeed meet both of the
SPR prongs: (1) The portion is
significant and (2) the species is, in that
portion, either in danger of extinction or
likely to become so in the foreseeable
future. Confirmation that a portion does
indeed meet one of these prongs does
not create a presumption, prejudgment,
or other determination as to whether the
species is an endangered species or
threatened species. Rather, we must
then undertake a more detailed analysis
of the other prong to make that
determination. Only if the portion does
indeed meet both SPR prongs would the
species warrant listing because of its
status in a significant portion of its
range.
At both stages in this process—the
stage of screening potential portions to
identify any portions that warrant
further consideration and the stage of
undertaking the more detailed analysis
of any portions that do warrant further
consideration—it might be more
efficient for us to address the
‘‘significance’’ question or the ‘‘status’’
question first. Our selection of which
question to address first for a particular
portion depends on the biology of the
species, its range, and the threats it
faces. Regardless of which question we
address first, if we reach a negative
answer with respect to the first question
that we address, we do not need to
evaluate the second question for that
portion of the species’ range.
The Service’s most-recent definition
of ‘‘significant’’ has been invalidated by
the courts (for example, Desert Survivors
v. Dep’t of the Interior, No. 16–cv–
01165–JCS (N.D. Cal. Aug. 24, 2018)).
Therefore, we determined whether the
populations in Oregon and Washington
could be significant under any
reasonable definition of ‘‘significant.’’
To do this, we evaluated whether these
populations taken together may be
biologically important in terms of the
resiliency, redundancy, or
representation of the species.
We identified the population of
Bradshaw’s lomatium in southwestern
Washington as a potential portion of the
range warranting further detailed
consideration due to its potential
contributions to the resiliency,
redundancy, and representation of the
species. This population is the
northernmost known population of the
species (contributing to representation),
and is separated from the majority of the
range by the Columbia River and a large,
historically unoccupied area in northern
Oregon (contributing to redundancy). It
is also the largest known population of
Bradshaw’s lomatium (contributing to
resiliency).
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The southwestern Washington
population of Bradshaw’s lomatium is
composed of individuals occurring at
two separate sites in close proximity to
each other. The smaller of the two sites
contained an estimated 658 Bradshaw’s
lomatium individuals in 2018
(Wilderman 2018, entire), and is owned
and managed by the WDNR. The WDNR
manages this site with an emphasis on
habitat management, population
augmentation, and monitoring to benefit
Bradshaw’s lomatium. The larger site
occurs on the rough of a privately
owned golf course, and contained
approximately 10.8 million Bradshaw’s
lomatium plants at the most recent
survey in 2010 (Service 2018, p. 57).
Although a count was not done, a recent
visit by Service biologists confirmed
that expansive areas of suitable habitat
remain occupied by Bradshaw’s
lomatium, and there was no sign of any
obvious substantial stressors to the
species (Brumbelow 2018, pers. obs.).
Although not managed specifically for
Bradshaw’s lomatium, ongoing
management to maintain open
conditions in the rough area, primarily
through mowing, appears to benefit the
species, which is clearly robust.
Managers of the golf course have
demonstrated interest in the
conservation of Bradshaw’s lomatium
by placing signs, which highlight the
presence of a listed species, along
pathways. Although the southwestern
Washington population of Bradshaw’s
lomatium is the largest known
population of the species, genetic
diversity at the smaller WDNR site is
lower than other sampled sites for this
species (Gitzendanner and Soltis, 2001
p. 353); genetic information is not
available specific to the larger site.
Analysis of Status
Having identified the southwestern
Washington population as a portion of
the range of Bradshaw’s lomatium that
warrants further consideration, we now
analyze whether the species is in danger
of extinction or likely to become so
within the foreseeable future in this
portion.
We determine the status of the species
in a portion of its range the same way
we determine the status of a species
throughout all of its range. We consider
whether threats are reasonably likely to
affect the species in that portion to such
an extent that the species is in danger
of extinction or likely to become so in
the foreseeable future in that portion.
Of the two sites that comprise the sole
population of Bradshaw’s lomatium in
southwestern Washington, one is on the
Lacamas Prairie Natural Area, a preserve
owned and managed by the WDNR. Due
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to this ownership, there is currently no
risk of loss of habitat due to
development, nor is there any reason to
believe this area would be at risk of
such a loss within the foreseeable
future. Habitat quality at the site is
considered high, and the site is
managed specifically for prairie habitat
conditions that support Bradshaw’s
lomatium (Service 2018, pp. 29, 57),
using a combination of manual invasive
species removal, herbicide treatments,
mowing, and prescribed burning
(Abbruzzese 2017, entire). The other site
is located on a privately owned golf
course, and has high-quality habitat.
Current management at the site, as in
past years, supports open wet prairie
conditions (Service 2018, pp. 29, 57),
primarily through mowing. Although no
formal protections are in place that
would prevent future development, we
have no information to indicate that it
is likely the site would be developed or
that habitat management will change in
any way that would substantially
impact Bradshaw’s lomatium. In
addition, the areas occupied by
Bradshaw’s lomatium are within
wetlands, which may have protections
from development under State or
Federal law. Based on the current
protections of the Lacamas Prairie
Natural Area, the lack of any present
threat of destruction or degradation at
the privately owned golf course site, and
ongoing appropriate management at
both sites, we have confidence that
habitat at these sites will continue to
support Bradshaw’s lomatium for the
foreseeable future. Thus the present or
threatened destruction, modification, or
curtailment of habitat (Factor A) is not
a concern for Bradshaw’s lomatium in
this portion of its range, now or within
the foreseeable future.
We have no information to suggest
that overutilization for commercial,
recreational, scientific, or educational
purposes poses a threat to Bradshaw’s
lomatium in any part of its range,
including southwestern Washington,
now or in the foreseeable future (Factor
B).
We found no evidence that negative
impacts due to parasitic organisms
constitute a threat to the viability of
Bradshaw’s lomatium in any part of its
range, including southwestern
Washington, now or in the foreseeable
future. Predation by voles appears to
vary year to year, and can substantially
reduce aboveground biomass and
reproduction of Bradshaw’s lomatium in
years when vole abundance is high.
However, the effect on populations is
believed to be minimal over time, as
long as there is sufficient time for
Bradshaw’s lomatium to regenerate
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taproot reserves between vole outbreaks
(Drew 2000, pp. 54–55), and no
consistent long-term declines
attributable to vole predation have been
reported (Service 2018, p. 20). Predation
by voles has not been previously
reported in either site within the
southwestern Washington population of
Bradshaw’s lomatium. We, therefore,
have no information to indicate that
predation is a threat to Bradshaw’s
lomatium in this portion of its range,
now or within the foreseeable future
(Factor C).
We do not consider State or Federal
protections to be inadequate to address
the loss of Bradshaw’s lomatium habitat
in southwestern Washington, now or
within the foreseeable future (Factor D).
As described above, we do not consider
habitat loss to be a threat to the species
in this portion of its range. Of the two
known sites containing Bradshaw’s
lomatium in this portion of the range,
one is protected through ownership by
the WDNR. Although the second, larger
site lacks formal protection, it faces no
currently known threat of habitat loss or
degradation, either now or within the
foreseeable future. Additionally, the
WDNR continues to make efforts to
provide additional conservation at the
site. Bradshaw’s lomatium remains
listed as endangered by the State of
Washington.
Concerns over the possibility of
inbreeding depression expressed at the
time of listing are now reduced due to
a subsequent study indicating that
overall genetic diversity in Bradshaw’s
lomatium is relatively high for a rare
species (Gitzendanner and Soltis 2001,
pp. 352–353), and is greater than that
found in other rare Lomatium species
(Gitzendanner and Soltis 2000, p. 787).
Although the most disjunct population
in southwestern Washington showed
relatively lower genetic diversity than
less geographically isolated populations
(Gitzendanner and Soltis 2001, p. 353),
the threat of inbreeding depression is
considered reduced, as we now
understand Bradshaw’s lomatium to be
primarily an outcrossing species (which
promotes increased genetic diversity),
rather than an obligate self-pollinating
species as was believed at the time of
listing (Service 2018, pp. 7, 20).
In our species status report, we
assessed the potential impacts of
climate change on Bradshaw’s lomatium
projected up to 50 years in the future,
and conservatively evaluated a future
scenario in which the potential negative
effects of climate change were such that
all populations were reduced in size by
up to 50 percent. Such an impact would
reduce population numbers at Lacamas
Prairie Natural Area to approximately
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17:02 Nov 25, 2019
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329 individuals. Although substantial,
such losses are not expected to cause
extirpation of the species from this site,
especially as beneficial management
actions targeted specifically at the
preservation of wetland prairie habitat
are anticipated to continue at this
preserve area. At the privately owned
golf course site, a 50 percent reduction
from the most recently estimated
population size would result in
approximately 5.4 million plants at this
site, which would still represent by far
the largest known population of the
species. We, therefore, have no
information to indicate that other
natural or manmade factors pose a
threat to the continued existence of
Bradshaw’s lomatium (Factor E), now or
within the foreseeable future.
Although the types, magnitude, or
extent of potential cumulative impacts
are difficult to predict, we are not aware
of any combination of factors that are
likely to co-occur with significant
negative consequences for the species
within the southwestern Washington
portion of its range. We anticipate that
any negative consequence of cooccurring threats will be successfully
addressed through the same active
management actions that have
contributed to the ongoing recovery of
Bradshaw’s lomatium and that are
expected to continue into the future.
Therefore, we have determined that
Bradshaw’s lomatium is not in danger of
extinction, or likely to become so in the
foreseeable future, within a significant
portion of its range. Our approach to
analyzing SPR in this determination is
consistent with the court’s holding in
Desert Survivors v. Department of the
Interior, No. 16-cv-01165–JCS, 2018 WL
4053447 (N.D. Cal. Aug. 24, 2018).
Determination of Status
Our review of the best available
scientific and commercial information
indicates that Bradshaw’s lomatium is
not in danger of extinction or likely to
become an endangered species within
the foreseeable future throughout all or
a significant portion of its range.
Therefore, we are removing Bradshaw’s
lomatium from the Federal List of
Endangered and Threatened Plants at 50
CFR 17.12(h) due to recovery.
Effects of This Rule
This proposed rule, if made final,
would revise 50 CFR 17.12(h) by
removing Bradshaw’s lomatium from
the Federal List of Endangered and
Threatened Plants. The prohibitions and
conservation measures provided by the
Act, particularly through sections 7 and
9, would no longer apply to this species.
Federal agencies would no longer be
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65079
required to consult with the Service
under section 7 of the Act in the event
that activities they authorize, fund, or
carry out may affect Bradshaw’s
lomatium. There is no critical habitat
designated for this species, so there
would be no effect to 50 CFR 17.96.
Post-Delisting Monitoring
Section 4(g)(1) of the Act requires the
Secretary of the Interior, through the
Service and in cooperation with the
States, to implement a monitoring
program for not less than 5 years for all
species that have been delisted due to
recovery. The purpose of this
requirement is to develop a program
that detects the failure of any delisted
species to sustain itself without the
protections of the Act. If, at any time
during the monitoring period, data
indicate that the protective status under
the Act should be reinstated, we can
initiate listing procedures, including, if
appropriate, emergency listing.
We propose to delist Bradshaw’s
lomatium based on new information
that has become available as well as
recovery actions taken. Because
delisting would be due to recovery, we
have prepared a draft post-delisting
monitoring plan. The draft postdelisting monitoring plan discusses the
current status of the species and
describes the methods proposed for
monitoring if the species is removed
from the Federal List of Endangered and
Threatened Plants. Monitoring would
take place for a minimum of 5 years. It
is our intent to work with our partners
to maintain the recovered status of
Bradshaw’s lomatium. We seek public
and peer review comments on the draft
post-delisting monitoring plan,
including its objectives and procedures
(see Public Comments, above), with the
publication of this proposed rule.
Required Determinations
Clarity of the Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
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better help us revise the rule, your
comments should be as specific as
possible. For example, you should tell
us the names of the sections or
paragraphs that are unclearly written,
which sections or sentences are too
long, the sections where you feel lists or
tables would be useful, etc.
National Environmental Policy Act
We determined 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).
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
Government-to-Government Relations
with Native American Tribal
Governments (59 FR 22951), Executive
Order 13175, and the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
Tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Native American
culture, and to make information
available to Tribes.
We do not believe that any Tribes
would be affected if we adopt this rule
as proposed.
A complete list of all references cited
in this proposed rule is available on the
internet at https://www.regulations.gov
under Docket No. FWS–R1–ES–2019–
0013 or upon request from the State
Supervisor, Oregon Fish and Wildlife
Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this proposed
rule are the staff of the Oregon Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
17:02 Nov 25, 2019
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; 4201–4245, unless otherwise noted.
§ 17.12
[Amended]
2. Amend § 17.12(h) by removing the
entry for ‘‘Lomatium bradshawii’’ under
FLOWERING PLANTS from the List of
Endangered and Threatened Plants.
■
Dated: October 28, 2019.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and
Wildlife Service, Exercising the Authority of
the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019–25545 Filed 11–25–19; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2019–0026;
FXES11130900000C6–156–FF09E30000]
RIN 1018–BD48
Endangered and Threatened Wildlife
and Plants; Reclassification of the
Endangered June Sucker to
Threatened With a Section 4(d) Rule
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
reclassify the June sucker (Chasmistes
liorus) from endangered to threatened
under the Endangered Species Act of
1973, as amended (Act), due to
substantial improvements in the
species’ overall status since its original
listing as endangered in 1986. This
proposed action is based on a thorough
review of the best scientific and
commercial data available, which
indicates that the June sucker no longer
meets the definition of endangered
under the Act. If this proposal is
finalized, the June sucker would remain
SUMMARY:
References Cited
VerDate Sep<11>2014
List of Subjects in 50 CFR Part 17
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protected as a threatened species under
the Act. We also propose a rule under
section 4(d) of the Act that provides for
the conservation of the June sucker.
This document also constitutes our 5year status review for this species.
DATES: We will accept comments
received or postmarked on or before
January 27, 2020. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES
below), must be received by 11:59 p.m.
Eastern Time on the closing date. We
must receive requests for public
hearings, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by January 10, 2020.
ADDRESSES: Comment submission: You
may submit written comments by one of
the following methods:
• Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R6–ES–2019–0026, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the Search panel on
the left side of the screen, under the
Document Type heading, click on the
Proposed Rules link to locate this
document. You may submit a comment
by clicking on the blue ‘‘Comment
Now!’’ box. If your comments will fit in
the provided comment box, please use
this feature of https://
www.regulations.gov, as it is most
compatible with our comment review
procedures. If you attach your
comments as a separate document, our
preferred file format is Microsoft Word.
If you attach multiple comments (such
as form letters), our preferred format is
a spreadsheet in Microsoft Excel.
• By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R6–ES–2019–
0026; U.S. Fish and Wildlife Service;
MS: BPHC; 5275 Leesburg Pike, Falls
Church, VA 22041–3803.
We request that you submit written
comments only by the methods
described above. We will post all
comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below for more details).
Document availability: This proposed
rule and supporting documents are
available on https://www.regulations.gov
at Docket No. FWS–R6–ES–2019–0026.
In addition, the supporting file for this
proposed rule will be available for
public inspection, by appointment,
during normal business hours at the
Utah Ecological Services Field Office;
2369 Orton Circle, Suite 50; West Valley
City, Utah 84119, telephone: 801–975–
E:\FR\FM\26NOP1.SGM
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Agencies
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65067-65080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25545]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2019-0013; FSES1130900000006-189-FF09E42000]
RIN 1018-BD59
Endangered and Threatened Wildlife and Plants; Removing
Bradshaw's Lomatium (Bradshaw's lomatium) From the Federal List of
Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
remove Bradshaw's lomatium (Bradshaw's lomatium, also known as
Bradshaw's desert parsley), a plant found in western Oregon and
southwestern Washington, from the Federal List of Endangered and
Threatened Plants due to recovery. Our review of the best available
scientific and commercial data indicates that the threats to Bradshaw's
lomatium have been eliminated or reduced to the point that the species
no longer meets the definition of an endangered or threatened species
under the Endangered Species Act of 1973, as amended (Act). We request
information and comments from the public regarding this proposed rule
and the draft post-delisting monitoring plan for Bradshaw's lomatium.
DATES: We will accept comments received or postmarked on or before
January 27, 2020. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. We must receive requests for
public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by January 10, 2020.
ADDRESSES: Written comments: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R1-ES-2019-0013,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, click on the
Proposed Rule box to locate this document. You may submit a comment by
clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: Docket No. FWS-R1-ES-2019-0013; U.S. Fish
and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA
22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
Document availability: This proposed rule and the draft post-
delisting monitoring plan are available on https://www.regulations.gov
under Docket No. FWS-R1-ES-2019-0013. In addition, the supporting file
for this proposed rule will be available for public inspection, by
appointment, during normal business hours, at the Oregon Fish and
Wildlife Office, 2600 SE 98th Avenue, Suite 100, Portland, OR 97266;
telephone: 503-231-6179.
FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, U.S.
Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE
98th Avenue, Suite 100, Portland, OR 97266; telephone 503-231-6179. If
you use a telecommunications device for the deaf (TDD), please call the
Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: This document consists of: (1) A summary of
the most recent review of the status of Bradshaw's lomatium, resulting
in a recommendation that the species be removed from the Federal List
of Endangered and Threatened Plants (List); and (2) a proposal to
remove Bradshaw's lomatium from the Federal List of Endangered and
Threatened Plants.
Information Requested
Public Comments
Any final action resulting from this proposed rule will be based on
the best scientific and commercial data available and be as accurate as
possible. Therefore, we request comments or information from other
concerned governmental agencies, Tribes, the scientific community,
industry, or other interested parties concerning this proposed rule.
The comments that will be most useful and likely to influence our
decisions are those supported by data or peer-reviewed studies and
those that include citations to, and analyses of, applicable laws and
regulations. Please make your comments as specific as possible and
explain the basis for them. In addition, please include sufficient
information (such as scientific journal articles or other publications)
with your comments to allow us to authenticate any scientific or
commercial data you reference or provide. In particular, we seek
comments concerning the following:
(1) Reasons why we should or should not remove Bradshaw's lomatium
from the Federal List of Endangered and Threatened Plants (i.e.,
``delist'' the species under the Act, 16 U.S.C. 1531 et seq.).
(2) New biological or other relevant data concerning any threat (or
lack thereof) to Bradshaw's lomatium and any existing regulations that
may be addressing these or any of the stressors to the species
discussed here.
(3) New information concerning the population size or trends of
Bradshaw's lomatium.
(4) New information on the current or planned activities within the
range of Bradshaw's lomatium that may either adversely affect or
benefit the plant.
(5) New information or data on the projected and reasonably likely
impacts to Bradshaw's lomatium or its habitat associated with climate
change or any other factors that may affect the species in the future.
(6) Information pertaining to the requirements for post-delisting
monitoring of Bradshaw's lomatium.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination. Section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or threatened
species must be made ``solely on the basis of the best scientific and
commercial data available.''
Prior to issuing a final rule on this proposed action, we will take
into consideration all comments and any additional information we
receive. Such information may lead to a final rule that differs from
this proposal. All comments and recommendations, including names and
addresses, will become part of the administrative record.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send
[[Page 65068]]
comments only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Oregon Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days after
the date of publication of this proposed rule in the Federal Register
(see DATES, above). Such requests must be sent to the address shown in
FOR FURTHER INFORMATION CONTACT. We will schedule a public hearing on
this proposal, if requested, and announce the date, time, and place of
the hearing, as well as how to obtain reasonable accommodations, in the
Federal Register and local newspapers at least 15 days before the
hearing.
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), we sought the expert
opinions of four appropriate and independent specialists with knowledge
of the biology and ecology of Bradshaw's lomatium regarding the species
status assessment report (Service 2018; see Status Assessment for
Bradshaw's lomatium, below) that forms the basis for our 5-year review
and this proposed rule. The purpose of peer review is to ensure that
our determination regarding the status of the species under the Act is
based on scientifically sound data, assumptions, and analyses. We
received feedback from three of the four peer reviewers contacted;
their comments and corrections have been incorporated into the species
status assessment report, as appropriate.
Background
Status Assessment for Bradshaw's Lomatium
A thorough review of the taxonomy, life history, and ecology of
Bradshaw's lomatium is presented in the document ``Species Status
Assessment Report for Bradshaw's lomatium (Lomatium bradshawii (Rose
ex. Math.) Mathias & Constance) Version 1.0'' (hereafter ``species
status report''; Service 2018), which is available at https://www.regulations.gov in Docket No. FWS-R1-ES-2019-0013, under Supporting
Documents. The species status report documents the results of our
comprehensive biological status review for Bradshaw's lomatium, and has
undergone peer review. The species status report does not represent any
decision by the Service regarding the status of Bradshaw's lomatium
under the Act. It does, however, provide the scientific basis that
informed our most recent 5-year review, which resulted in a
recommendation that the species should be removed from the List. The
species status report also serves as one of the bases for this proposed
rule and our regulatory decision, which involves the further
application of standards within the Act and its implementing
regulations and policies.
In this proposed rule, we present only a summary of the key results
and conclusions from the species status report; the full report is
available at https://www.regulations.gov, as referenced above.
Summary of the Biology of the Species
Bradshaw's lomatium is a perennial herb in the carrot or parsley
family (Apiaceae) that is endemic to wet prairie habitats in western
Oregon's Willamette Valley and adjacent southwestern Washington. These
seasonally wet habitats may be flooded in the spring, or have soils
saturated at or near the surface due to factors such as heavy
precipitation in winter and spring, flooding, and poor drainage. A high
light environment is important for Bradshaw's lomatium to complete its
life cycle and reproduce, as reduced sunlight is associated with lower
flower and seed production (Alverson 1993, unpublished data). This
species is often associated with tufted hairgrass (Deschampsia
cespitosa), and frequently occurs on and around the small mounds
created by senescent tufted hairgrass plants. In wetter areas,
Bradshaw's lomatium occurs on the edges of tufted hairgrass or sedges
in patches of bare or open soil. In drier areas, it is found in low
areas, such as small depressions, trails, or seasonal channels, with
open, exposed soils. Self-fertilization is rare in Bradshaw's lomatium
(Kaye and Kirkland 1994, p. 8), indicating that pollinator-mediated
outcrossing is required for reproduction. Over 30 species of solitary
bees, flies, wasps, and beetles have been observed visiting the flowers
(Kaye 1992, p. 3; Kaye and Kirkland 1994, p. 9; Jackson 1996, pp. 72-
76). Bradshaw's lomatium does not reproduce asexually and depends
exclusively on seeds for reproduction (Kaye 1992, p. 2), but does not
maintain a persistent seed bank in the soil. Although some fruit
survives in the soil for 1 year, the seeds are not viable (Kaye et al.
2001, p. 1376). Further information on the basic biology and ecology of
Bradshaw's lomatium is summarized in the species status report (Service
2018, entire).
Previous Federal Actions
Section 12 of the Act directed the Secretary of the Smithsonian
Institution to prepare a report on those plants considered to be
endangered, threatened, or extinct. This report, designated as House
Document No. 94-51, was presented to Congress on January 9, 1975. On
July 1, 1975, the Service published a notice in the Federal Register
(40 FR 27823) of its acceptance of the report of the Smithsonian
Institution as a petition within the context of former section 4(c)(2)
of the Act (petition acceptance is now governed by section 4(b)(3) of
the Act), and of its intention to review the status of the plant taxa
named within. On June 16, 1976, the Service published a proposed rule
in the Federal Register (41 FR 24523) to determine approximately 1,700
vascular plant species to be endangered species pursuant to section 4
of the Act. This list of 1,700 plant taxa was assembled on the basis of
comments and data received by the Smithsonian Institution and the
Service in response to House Document No. 94-51 and the July 1, 1975,
Federal Register publication. Bradshaw's lomatium was included in the
July 1, 1975, notice of review and in the June 16, 1976, proposal.
The Amendments of 1978 to the Act (Pub L. 95-632, November 10,
1978) required that all proposals over 2 years old be withdrawn. A 1-
year grace period was established for proposals already over 2 years
old. On December 10, 1979, the Service published a document in the
Federal Register (44 FR 70796) withdrawing the still-pending portion of
the June 16, 1976, proposal, along with four other proposals that had
expired. The withdrawal of the proposal to list Bradshaw's lomatium was
not based on biological considerations, but instead
[[Page 65069]]
was the result of the administrative requirements of the Act prior to
the 1982 Amendments.
An updated notice of review, published on December 15, 1980 (45 FR
82480), listed Bradshaw's lomatium in Category 1, which comprised taxa
for which sufficient information was available to support the proposal
of listing as endangered or threatened. On February 15, 1983, the
Service published notice (48 FR 6752) of its finding that the
petitioned listing of Bradshaw's lomatium may be warranted, in
accordance with section 4(b)(3)(A) of the Act, as amended in 1982. On
October 13, 1983, October 12, 1984, and again on October 11, 1985, the
petition finding was made that listing of this taxon was warranted, but
precluded by other pending listing actions, in accordance with section
4(b)(3)(B)(iii) of the Act (see 51 FR 42117; November 21, 1986). Such a
finding requires that the petition be treated as a petition that is
resubmitted, pursuant to section 4(b)(3)(C)(i) of the Act. Therefore, a
new finding was made; the Service found that the petitioned action was
warranted, and on November 21, 1986, published a proposal to list the
species as endangered (51 FR 42116). Bradshaw's lomatium was added to
the Federal List of Endangered and Threatened Plants (50 CFR 17.12) as
an endangered species with the publication of a final rule in the
Federal Register on September 30, 1988 (53 FR 38448)
A recovery plan for Bradshaw's lomatium (Service 1993, entire) was
first made available to the public on April 8, 1993 (58 FR 18139, pp.
18225-18226). Subsequently, a new recovery plan was developed for
Bradshaw's lomatium in conjunction with several other plant and animal
species found in prairie ecosystems of western Oregon and southwestern
Washington. The Recovery Plan for the Prairie Species of Western Oregon
and Southwest Washington, hereafter referred to as ``the recovery
plan,'' constitutes the revised recovery plan for Bradshaw's lomatium,
and was made available to the public on June 29, 2010 (75 FR 37460).
On July 6, 2005, we published a notice (70 FR 38972) announcing
that we were conducting a 5-year review of the status of Bradshaw's
lomatium under section 4(c)(2)(A) of the Act. The 5-year review,
completed on September 24, 2009 (Service 2009, entire), resulted in a
recommendation that Bradshaw's lomatium remain listed as an endangered
species.
On February 13, 2015, we published a notice (80 FR 8100) announcing
that we were conducting a new 5-year review of the status of Bradshaw's
lomatium, and requested that the public provide us any new information
concerning this species. We developed the species status report for the
purposes of conducting this 5-year review. This most recent assessment
of the status of the species led us to recommend that Bradshaw's
lomatium be removed from the List, because the species is considered to
be recovered. Because it is our conclusion that Bradshaw's lomatium
does not now meet the definition of either an endangered or a
threatened species, as summarized here, we are proposing to remove
Bradshaw's lomatium from the Federal List of Endangered and Threatened
Plants (50 CFR 17.12).
Recovery Planning and Recovery Criteria
Section 4(f) of the Act directs us to develop and implement
recovery plans for the conservation and survival of endangered and
threatened species unless we determine that such a plan will not
promote the conservation of the species. Under section 4(f)(1)(B)(ii),
recovery plans must, to the maximum extent practicable, include
objective, measurable criteria which, when met, would result in a
determination, in accordance with the provisions of section 4 of the
Act, that the species be removed from the List. However, revisions to
the List (adding, removing, or reclassifying a species) must reflect
determinations made in accordance with sections 4(a)(1) and 4(b) of the
Act. Section 4(a)(1) requires that the Secretary determine whether a
species is endangered or threatened (or not) because of one or more of
five threat factors. Section 4(b) of the Act requires that the
determination be made ``solely on the basis of the best scientific and
commercial data available.''
While recovery plans provide important guidance to the Service,
States, and other partners on methods of minimizing threats to listed
species and measurable objectives against which to measure progress
towards recovery, they are not regulatory documents and cannot
substitute for the determinations and promulgation of regulations
required under section 4(a)(1) of the Act. A decision to revise the
status of a species or remove a species from the Federal List of
Endangered and Threatened Plants (50 CFR 17.12) is ultimately based on
an analysis of the best scientific and commercial data then available
to determine whether a species is no longer an endangered species or a
threatened species, regardless of whether that information differs from
the recovery plan.
Recovery plans may be revised to address continuing or new threats
to the species as new substantive information becomes available. The
recovery plan recommends site-specific management actions that will
help recover the species, identifies measurable criteria that set a
trigger for eventual review of the species' listing status (e.g., under
a 5-year review conducted by the Service), and methods for monitoring
recovery progress. Recovery plans are intended to establish goals for
long-term conservation of listed species and define criteria that are
designed to indicate when the threats facing a species have been
removed or reduced to such an extent that the species may no longer
need the protections of the Act.
There are many paths to accomplishing recovery of a species, and
recovery may be achieved without all criteria being fully met. For
example, one or more criteria may be exceeded while other criteria may
not yet be met. In that instance, we may determine that the threats are
minimized sufficiently to delist. In other cases, recovery
opportunities may be discovered that were not known when the recovery
plan was finalized. These opportunities may be used instead of methods
identified in the recovery plan. Likewise, information on the species
may be learned that was not known at the time the recovery plan was
finalized. The new information may change the extent that criteria need
to be met for recognizing recovery of the species. Recovery of a
species is a dynamic process requiring adaptive management that may, or
may not, fully follow the guidance provided in a recovery plan.
In 2010, we finalized the revised recovery plan for Bradshaw's
lomatium (Service 2010). The recovery plan states that Bradshaw's
lomatium could be considered for downlisting to threatened status when
there are 12 populations and 60,000 plants distributed in such a way as
to reflect the species' historical geographic distribution, when the
number of individuals in the populations have been stable or increasing
over a period of 10 years, when sites are managed to meet established
habitat quality guidelines, when a substantial portion of the species'
habitat is protected for conservation, and when populations are managed
to ensure maintenance of habitat and to control threats. To achieve
desired habitat quality, the recovery plan provides guidelines for a
variety of prairie habitat metrics. These metrics include:
(1) Sites with populations of target species should have 50 percent
or more relative cover of native vegetation;
[[Page 65070]]
(2) Woody vegetation should make up no more than 15 percent of the
absolute vegetative cover, and woody species of concern should make up
no more than 5 percent;
(3) Native prairie species richness should exceed 10 species, with
at least 7 forbs and 1 bunchgrass; and
(4) No single nonnative should have more than 50 percent cover, and
nonnative species of particular concern should have no greater than 5
percent cover.
The recovery plan states that Bradshaw's lomatium could be
considered for delisting when there are 20 populations and 100,000
plants properly distributed, in addition to the criteria described
above. To reflect the historical distribution of Bradshaw's lomatium,
the species' range was divided into eight recovery zones (called
Southwest Washington, Portland, Salem West, Salem East, Corvallis West,
Corvallis East, Eugene West, and Eugene East), and targets for number
of populations and number of plants for each zone were established
based on historical presence (Service 2010, pp. IV-1-IV-6, IV-31-IV-
34).
Two of the recovery zones (Portland and Salem West) are within the
range of Bradshaw's lomatium, but do not have population targets for
the species based on a lack of historical occurrence data. These
recovery zones were nonetheless retained because if any populations of
Bradshaw's lomatium were to be discovered or introduced within these
zones, they could be considered as contributing to the recovery
criteria for the species (under the category ``additional
populations'').
The expression of recovery criteria in terms of population
abundance, numbers of populations, and distribution across recovery
zones reflects a foundational principle of conservation biology: That
there is a positive relationship between the relative viability of a
species over time and the resiliency, redundancy, and representation of
its constituent populations (Shaffer and Stein 2000, pp. 307-310; Wolf
et al. 2015, entire). To look at it another way, extinction risk is
generally reduced as a function of increased population abundance
(resiliency), numbers of populations (redundancy), and distribution or
geographic or genetic diversity (representation). The recovery criteria
laid out in the recovery plan for Bradshaw's lomatium were, therefore,
informative for our review of the status of the species, as that
analysis leans upon these measures of viability to assess the current
and future status of the species (Service 2018, pp. 1-2).
The downlisting criteria for number and distribution of populations
and numbers of plants were intended to help identify the point at which
imminent threats to the plant had been ameliorated so that the
populations were no longer in immediate risk of extirpation; the
delisting criteria for number and distribution of populations and
numbers of plants were intended to identify the point at which the
species was unlikely to become in danger of extinction. The estimated
abundance of individuals in all populations has increased over time,
from approximately 25,000 to 30,000 individuals in 11 populations at
listing in 1988, to an estimated 11,277,614 individuals in at least 24
known populations at present (Service 2018, p. 39, updated based on
Wilderman 2018, entire). These 24 populations occur on 71 distinct
sites that are owned by a mix of Federal, State, and local governments;
nongovernmental organizations (NGOs); and private citizens. Multiple
sites are considered to be part of the same population when those sites
are within a defined pollinator flight distance of 3 kilometers (km) (2
miles (mi)) of each other. The current population estimate is the
combined count data from all sites; for some sites the plant count was
the result of a full census (54 sites), while for others it was derived
by visual estimate or calculated from count subsamples that were then
extrapolated over the total area of the site (17 sites). The increase
in known populations and number of plants over time is due to a
combination of population augmentation and introductions, improved
habitat management, and increased survey effort across the range of the
species. Bradshaw's lomatium has been the focus of concentrated
recovery efforts since it was listed in 1988. We now believe there are
likely more than the recent grand total count of an estimated
11,277,614 individuals across the range of Bradshaw's lomatium because
not all areas of suitable habitat within the range of the species have
been surveyed, and recent visits to previously unsurveyed areas have
resulted in the identification of formerly unknown populations (e.g.,
Service 2018, p. 10).
In our species status report, we evaluated and ranked the
resiliency of each population of Bradshaw's lomatium using the
following criteria: (1) Population size, (2) current habitat
conditions, (3) protection of the site from development, and (4) site
management to restore and maintain appropriate habitat condition. Using
these criteria, each population was given a rank of high, moderate, or
low condition (Service 2018, pp. 26-30). The resiliency score for each
population incorporates the degree to which the primary threats to the
species have been addressed at each site as well as recovery criteria
(population size and habitat quality), site protection (addressing
habitat loss), and site management (addressing woody encroachment and
invasive species). For details on evaluation and ranking of population
condition, see the species status report (Service 2018, pp. 26-43).
The table below summarizes our current knowledge of the abundance
and distribution of Bradshaw's lomatium relative to the downlisting and
delisting criteria presented in the recovery plan for the species (from
Service 2018, p. 39, updated based on Wilderman 2018, entire). Because
the table below summarizes only the abundance and distribution data for
the species, the information in the table must be considered in
conjunction with the five-factor analysis of threats to arrive at the
status determination for Bradshaw's lomatium.
[[Page 65071]]
[GRAPHIC] [TIFF OMITTED] TP26NO19.002
Based on the most recent count, the grand total number of known
plants is 11,277,614 (this total includes plants from populations with
fewer than 200 individuals, which we did not count as contributing
toward recovery). Of this total, an estimated 10,790,658 occur in a
single population in southwestern Washington. The other approximately
486,956 plants are within 23 populations in Oregon. Considering only
the populations in moderate or high condition, and with more than 200
plants (i.e., those we are counting toward recovery and presented in
the table above), we estimate there are 485,595 plants within the 23
populations in Oregon. These populations are distributed from southeast
of Salem, Oregon south to Creswell, Oregon, both east and west of the
Willamette River. The greatest density of populations occurs in the
southern portion of the Willamette Valley near Eugene, Oregon.
Therefore, the most recent counts of Bradshaw's lomatium identify
nearly 500,000 individuals in 23 known populations distributed across
the historical range of the species in Oregon, and distributed among 69
known sites under various types of land ownership. We considered the
abundance and distribution of Bradshaw's lomatium without the roughly
10.8 million individuals concentrated in a single population (made up
of 2 sites) in southwestern Washington to ensure our evaluation
considered the abundance and distribution of the species across its
entire range and to ensure our evaluation was not unduly influenced by
the single large population in southwestern Washington. Of the 71 known
sites, 51 are in public ownership, are within a public right-of-way, or
are owned by a conservation-oriented NGO. Of the 20 remaining sites, 9
are under conservation easement or are enrolled in the Service's
Partners for Fish and Wildlife Program (Service 2018, pp. 30-35, 36,
38, Appendix A). The remaining 11 sites are on private
[[Page 65072]]
lands and are not currently under any formal protection agreements.
The figure below shows the results of this assessment across the
range of the species. Of the 24 known populations, 4 are in low
condition, 9 are in moderate condition, 10 are in high condition, and 1
is in unknown condition due to the lack of data (Service 2018, pp. 36-
39). Populations occur in all recovery zones that have population
goals. As noted above, the Portland and Salem West Recovery Zones
contain no known current populations, were not assigned specific
targets by the Recovery Team, and have no documented historical
occurrences of the species within them.
[[Page 65073]]
[GRAPHIC] [TIFF OMITTED] TP26NO19.001
Based on this information, we conclude Bradshaw's lomatium is much
more numerous than at the time of listing and is distributed throughout
its known historical range. Across the 23 populations in Oregon,
greater than 99 percent of known Bradshaw's lomatium plants are found
on sites receiving some degree of protection from development
[[Page 65074]]
such as public lands, conservancy lands, or private lands with
conservation easements (Service 2018, Appendix A). The single largest
population of the species occurs in southwestern Washington, and is
composed of individuals from two sites. The vast majority of plants in
the southwestern Washington population occur on private property that
is not under some type of protection, but the site is consistently
managed in a manner conducive to supporting Bradshaw's lomatium. The
other portion of the population in southwestern Washington contains
approximately 658 plants, and this site is owned by the Washington
Department of Natural Resources (WDNR). The WDNR has been actively
protecting, managing, and augmenting this smaller portion of the
southwestern Washington population, and they are currently working to
further expand protection at this site. Furthermore, WDNR is working to
conserve the sizeable Bradshaw's lomatium site that is on private land.
Due to ongoing threats from woody encroachment and the spread of
nonnative invasive plants, sites containing Bradshaw's lomatium require
regular management to maintain the open prairie conditions that support
robust populations. Management activities may include, but are not
limited to, herbicide application, mowing, and prescribed fire.
Although guarantee of management into perpetuity exceeds the
requirements of the Act in evaluating whether a species meets the
statutory definition of endangered or threatened, it is necessary to
evaluate whether current and expected future management is sufficient
to maintain resilient populations of Bradshaw's lomatium into the
foreseeable future. Across the range of Bradshaw's lomatium, 53 of 71
sites (75 percent) receive some form of management as described above,
accounting for greater than 99 percent of known Bradshaw's lomatium
plants. Of the sites with some form of management, 41 sites (58 percent
of total sites) have a management plan with goals for the conservation
of Bradshaw's lomatium, or with goals for maintenance of the wet
prairie habitat upon which this species depends. Sites with management
plans include those owned by the U.S. Army Corps of Engineers, Bureau
of Land Management, U.S. Fish and Wildlife Service, The Nature
Conservancy, and privately owned sites covered by the Natural Resources
Conservation Service's Wetland Reserve Program (Service 2018, pp. 30-
35, Appendix A).
These and other data that we analyzed indicate that most threats
identified at listing and in the recovery plan are reduced in areas
occupied by Bradshaw's lomatium. The status of the species has improved
primarily due to: (1) Discovery of previously unknown populations; (2)
reestablishment and augmentation of populations over the 30 years since
the species was listed; (3) improvement in habitat management; and (4)
an increase in protection from development.
Summary of Factors Affecting Bradshaw's Lomatium
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for listing species, reclassifying
species, or removing species from listed status. The term ``species''
includes ``any subspecies of fish or wildlife or plants, and any
distinct population segment [DPS] of any species of vertebrate fish or
wildlife which interbreeds when mature'' (16 U.S.C. 1532(16)). As
previously stated, 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. We may
consider listing a species due to one or more of the following: (A) The
present or threatened destruction, modification, or curtailment of its
habitat or range; (B) overutilization for commercial, recreational,
scientific, or educational purposes; (C) disease or predation; (D) the
inadequacy of existing regulatory mechanisms; or (E) other natural or
manmade factors affecting its continued existence. We must consider
these same five factors in delisting (removal from the Federal Lists of
Endangered and Threatened Wildlife and Plants) or downlisting
(reclassification from endangered to threatened) a species.
For species that are already listed as endangered or threatened,
this analysis of threats is an evaluation of both the threats currently
facing the species and the threats that are reasonably likely to affect
the species in the foreseeable future following the delisting or
downlisting and the removal of the Act's protections. A recovered
species is one that no longer meets the Act's definition of endangered
or threatened. A species is ``endangered'' for purposes of the Act if
it is in danger of extinction throughout all or a ``significant portion
of its range'' and is ``threatened'' if it is likely to become an
endangered species within the foreseeable future throughout all or a
``significant portion of its range.'' The word ``range'' in the
``significant portion of its range'' phrase refers to the range in
which the species currently exists. For the purposes of this analysis,
we first evaluate the status of Bradshaw's lomatium throughout all of
its range, then consider whether this plant is in danger of extinction
or likely to become so in any significant portion of its range within
the foreseeable future.
The Act does not define the term ``foreseeable future.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework
within which we evaluate the foreseeable future on a case-by-case
basis. The term foreseeable future extends only so far into the future
as the Service can reasonably determine that both the future threats
and the species' responses to those threats are likely. We consider 25
to 50 years to be a reasonable period of time within which reliable
predictions can be made for potential stressors and responses for
Bradshaw's lomatium. This period of time is sufficient to observe
population trends for the species and captures the terms of many of the
management plans that are in effect at Bradshaw's lomatium sites; it
also provides a reasonable timeframe for the assessment of the effects
of climate change. 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 long timeframes. We, therefore, use a
maximum timeframe of 50 years to provide the best balance of scope of
impacts considered versus the certainty of those impacts being
realized.
In considering what factors might constitute threats, we must look
beyond the exposure of the species to a particular factor to evaluate
whether the species may respond to the factor in a way that causes
actual impacts to the species. If there is exposure to a factor and the
species responds negatively, the factor may be a threat, and during the
status review, we attempt to determine the significance of a threat.
The threat is significant if it drives or contributes to the risk of
extinction of the species, such that the species warrants listing as
endangered or threatened as those terms are defined by the Act.
However, the identification of factors that could impact a species
negatively may not be sufficient to compel a finding that the species
warrants listing. The information must include evidence sufficient to
suggest that the potential threat is likely to materialize and that it
has the capacity (i.e., it should be of sufficient magnitude and
extent) to affect the species' status such that it
[[Page 65075]]
meets the definition of endangered or threatened under the Act.
At the time of listing, the primary threats to Bradshaw's lomatium
were habitat loss due to land use conversion for agriculture or
urbanization and the invasion of prairie vegetation by various woody
plant species (Factor A) (53 FR 38449-38450; September 30, 1988). The
listing rule did not find that overutilization for commercial,
recreational, scientific, or educational purposes (Factor B) posed a
threat to Bradshaw's lomatium. The listing rule did note that several
parasitic organisms (a fungus, spittle bug, and two aphids) could
potentially have negative effects on smaller, stressed populations of
the plant (but not the species as a whole; Factor C) and questioned
whether inbreeding depression might pose a threat to the species since
the populations known at the time appeared to be small and isolated
from one another (Factor E). The rule noted that further study was
required to determine the significance of these putative threat
factors. Finally, the listing rule noted that State and Federal
regulations existing at the time did not adequately protect the plant
from habitat loss or other potential threats (Factor D) (53 FR 38450;
September 30, 1988). By the time the recovery plan was developed in
1993, these same threats were still considered relevant (Service 1993,
p. 12). There are three potential threats that were not known or
considered at the time of listing: (1) Competition from nonnative,
invasive plant species (Factor A); (2) potential impacts resulting from
the effects of climate change (Factor E); and (3) predation by voles
(Microtus spp.) (Factor C), which has been observed within Bradshaw's
lomatium sites. Subsequently, we have conducted a 5-year status review
based on the species status report for Bradshaw's lomatium that
includes an analysis of all factors known to affect the viability of
the species (Service 2018, entire).
As discussed in our 2018 species status report, the threat of
habitat loss from land conversion for agriculture and urbanization
(Factor A) has decreased since the time of listing due to land
protection efforts. Although a few privately owned sites are still at
risk, land use conversion is no longer considered a significant threat
to the viability of Bradshaw's lomatium due to the number of sites now
receiving some degree of protection from development (Service 2018, pp.
36-39, Appendix A). As described above, in Oregon, which supports 23 of
the 24 known populations of the species, greater than 99 percent of
known Bradshaw's lomatium plants occur on sites protected through
public or NGO ownership, through designation as a right-of-way, or by
conservation easements on private lands. In Washington, one of two
sites that support Bradshaw's lomatium is owned by WDNR, and the State
is actively working toward the conservation of the very large adjacent
site that supports the majority of known individuals of the species. As
the threat posed to Bradshaw's lomatium from habitat loss is no longer
considered significant, we additionally no longer consider State or
Federal protections to be inadequate to address this threat (Factor D).
The present threat to Bradshaw's lomatium from modification of
habitat due to invasion of prairies by nonnative, invasive plants and
by woody species (Factor A) has been reduced in many populations due to
active habitat management using herbicides, mowing, and prescribed
fire, but ongoing habitat management is required to maintain these
improvements. As noted above, across the range of Bradshaw's lomatium,
75 percent of the known sites receive active management that benefits
the species, and 58 percent of total sites have a management plan in
place with goals for the conservation of Bradshaw's lomatium, or for
maintenance of the wet prairie habitat upon which it depends (Service
2018, pp. 36-39, Appendix A). Based on the high proportion of sites
protected or managed, the history of positive management observed to
date, and ongoing efforts to further restore and protect wet prairie
habitats, we have confidence that management of Bradshaw's lomatium
sites will continue to provide adequate protection to the species in
the long term. We found no evidence that negative impacts due to
parasitic organisms (Factor C) constitute a threat to the viability of
the Bradshaw's lomatium. Predation by voles (Factor C) appears to vary
year to year, and can substantially reduce aboveground biomass and
reproduction in years when vole abundance is high. However, the effect
on populations is believed to be minimal over time as long as there is
sufficient time for Bradshaw's lomatium to regenerate taproot reserves
between vole outbreaks (Drew 2000, pp. 54-55), and no consistent long-
term declines attributable to vole predation have been reported
(Service 2018, p. 20).
Concerns over the possibility of inbreeding depression (Factor E)
expressed at the time of listing are now reduced due to a subsequent
study indicating that overall genetic diversity in Bradshaw's lomatium
is relatively high for a rare species (Gitzendanner and Soltis 2001,
pp. 352-353), and is greater than that found in other rare Lomatium
species (Gitzendanner and Soltis 2000, p. 787), though the most
disjunct population in southwestern Washington showed relatively lower
genetic diversity than less geographically isolated populations
(Gitzendanner and Soltis 2001, p. 353). The threat of inbreeding
depression is further considered reduced since we now understand
Bradshaw's lomatium to be primarily an outcrossing species (which
promotes increased genetic diversity), rather than an obligate self-
pollinating species as was believed at the time of listing (Service
2018, pp. 7, 20).
The potential threat posed to Bradshaw's lomatium from the effects
of climate change (Factor E) is difficult to predict. The primary
threat to the species from the effects of climate change is likely
reduced moisture availability due to warmer temperatures and
alterations to precipitation patterns resulting in increased
evapotranspiration. The vulnerability of Bradshaw's lomatium to the
effects of climate change, assessed over a range of potential future
emissions scenarios, has been ranked as anywhere from low to moderate
(Steel et al. 2011, pp. 25, 89) to highly vulnerable (Kaye et al. 2013,
p. 20). Possible effects of climate change on Bradshaw's lomatium
include a shift toward life cycle completion earlier in the growing
season in response to warmer temperatures and earlier drying, and
reduced population sizes due to some portions of habitat drying too
much to support Bradshaw's lomatium populations. We assessed the
potential impacts of climate change on Bradshaw's lomatium projected
out over a period up to 50 years in the future. Published assessments
provide only qualitative appraisals of the potential response of
Bradshaw's lomatium to the effects of climate change; therefore, to be
conservative in our analysis, we evaluated a ``worst case'' future
scenario in which all populations would be reduced in size by 50
percent. Even in the face of such a severe population reduction, the
species is anticipated to remain viable as indicated by appreciable
levels of resiliency, redundancy, and representation. We estimated that
populations currently in low condition or with very low abundance may
be extirpated due to the combined effects of climate change impacts and
stochastic events; this translated to an estimated loss of up to five
small populations, with other populations reduced in size. However,
even with a presumed 50 percent
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reduction in abundance, at least 14 to 16 populations of Bradshaw's
lomatium in moderate or high condition are expected to persist on the
landscape with ongoing management. We do not anticipate any significant
effect on representation, that is, the ability of the species to adapt
to changing environmental conditions over time (Service 2018, pp. 42-
46).
Cumulative Impacts
When multiple stressors co-occur, one may exacerbate the effects of
the other, leading to effects not accounted for when each stressor is
analyzed individually. The full impact of these synergistic effects may
be observed within a short period of time, or may take many years
before they are noticeable. For example, high levels of predation on
Bradshaw's lomatium during vole outbreaks can cause large temporary
population declines, but are not generally considered a significant
threat to long-term viability; populations that are relatively large
and well distributed should be able to withstand such naturally
occurring events. However, the relative impact of predation by voles
may be intensified when outbreaks occur in conjunction with other
factors that may lessen the resiliency of Bradshaw's lomatium
populations, such as prolonged woody species encroachment; extensive
nonnative, invasive plant infestations; or possible hydrological
alterations resulting from the effects of climate change.
Although the types, magnitude, or extent of potential cumulative
impacts are difficult to predict, we are not aware of any combination
of factors that are likely to co-occur with significant negative
consequences for the species. We anticipate that any negative
consequence of co-occurring threats will be successfully addressed
through the same active management actions that have contributed to the
ongoing recovery of Bradshaw's lomatium and that are expected to
continue into the future. The best scientific and commercial data
available indicate that Bradshaw's lomatium is composed of multiple
populations, primarily in moderate to high condition, which are
sufficiently resilient, well distributed, protected, and managed such
that they will be robust to any potential cumulative effects to which
they may be exposed.
Overall, we conclude that under current conditions, most
populations of Bradshaw's lomatium are resilient, because they have
abundant numbers of individuals. There are redundant populations of
Bradshaw's lomatium, meaning that multiple populations occur in most
recovery zones, indicating that the species has the ability to minimize
potential loss from catastrophic events. The concern at the time of
listing about a possible genetic bottleneck has been alleviated by
genetic studies demonstrating that Bradshaw's lomatium has relatively
high genetic diversity for a rare species. Also, with populations
distributed across the known historical range of the species (Service
2018, p. 40), Bradshaw's lomatium has likely retained much of its
adaptive capacity (i.e., representation). We also considered the
potential future conditions of Bradshaw's lomatium, taking into account
the current condition and additional stressors not considered at the
time of recovery plan development (e.g., the effects of climate
change). Projecting 25 to 50 years into the future, under a
conservative estimate that conditions could potentially worsen such
that all existing populations are reduced by half, the species would
retain its resiliency and redundancy. With an estimated 14 to 16
populations in moderate or high condition expected to persist on the
landscape with ongoing management; representation was not anticipated
to be affected (Service 2018, p. 44). As noted earlier, the degree to
which threats to the species have been successfully addressed is
incorporated into the evaluation of population resiliency at each site
(i.e., site protection and management actions were considered in the
scoring of each population's current condition; Service 2018, p. 28).
The continuation of these conservation measures was an assumption of
our projection.
See the species status report (Service 2018, entire) for a more
detailed discussion of our evaluation of the biological status of the
Bradshaw's lomatium and the influences that may affect its continued
existence. Our conclusions are based upon the best available scientific
and commercial data and the expert opinions of the species status
assessment team members.
Determination of Bradshaw's Lomatium Species Status
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.
Status Throughout All of Its Range
After evaluating threats to the species under the section 4(a)(1)
factors, we found that the known range of Bradshaw's lomatium was
considered dramatically reduced when we listed it as an endangered
species in 1988, and we estimated that there were 11 small populations
that included a total of roughly 25,000 to 30,000 individuals. In
addition, the species faced threats from habitat loss due to land
conversion for agriculture and urbanization, as well as natural
succession to woody species dominance due to loss of historical
disturbance regimes. As such, it was perceived to be upon the brink of
extinction. Bradshaw's lomatium has been the subject of intensive
recovery efforts since it was listed under the Act 30 years ago, and
the discovery of new, previously unknown populations; success in
augmentation and habitat restoration and management efforts; and the
protection of Bradshaw's lomatium populations and habitats on public
lands and on private lands through conservation easements and
management agreements with NGOs and other parties have led to a
significant reduction in threats and improvement in the status of the
species since that time.
Recovery goals for delisting Bradshaw's lomatium were set at a
minimum of 20 populations with a total of 100,000 individual plants
distributed across its historical range. Under current conditions,
there are 24 known populations of Bradshaw's lomatium distributed
throughout the species' historical range; if we consider only those
populations in high or moderate condition and containing at least 200
individuals as contributing to recovery, there are 17 such populations
throughout the range of the species (see table above). Considering only
those 17 populations in high or moderate condition and with greater
than 200 plants, the most recent counts demonstrate there are an
estimated
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486,253 individuals known distributed throughout the historical range
of the species (our evaluation does not include the southwestern
Washington population to ensure our evaluation considered the abundance
and distribution of the species across its entire range and that it was
not unduly influenced by this single large population). Our analysis of
current population condition on the basis of plant abundance, habitat
quality, management, and protection from development resulted in
rankings of 10 populations in high condition overall, 9 populations in
moderate condition, and 4 populations in low condition. Therefore, we
are significantly less concerned about small population sizes or
limited distribution of the species than we were at the time of
listing. The increase in known populations is due in large part to
increased survey efforts and incidental discovery of more occupied
habitat, leaving open the potential of finding even more populations of
Bradshaw's lomatium in the future. Acquisition by conservation NGOs, or
enrollment into conservation easement programs, of sites containing
Bradshaw's lomatium populations has substantially reduced the risk of
habitat and population losses due to land use conversion (Factor A). In
addition, population augmentation or introduction, combined with
ongoing active management of woody encroachment and of nonnative,
invasive plant infestations, has ameliorated the threat posed by these
processes (Factor A) and increased the resilience of many Bradshaw's
lomatium populations on protected sites. Other potential threats
identified at the time of listing have either never materialized
(parasitism by other organisms (Factor C) or negative effects of
inbreeding depression (Factor E)) or have been addressed through other
means (i.e., habitat protections and management, addressing Factor D).
Since listing, we have become aware of the potential for the
effects of climate change (Factor E) to affect organisms and
ecosystems, including potentially Bradshaw's lomatium. We considered
the potential consequences of climate change and evaluated a future
scenario with up to a 50 percent reduction in the size of all known
populations across the range of the species. Even in the face of such a
severe population reduction, the species retained appreciable levels of
resiliency, redundancy, and representation such that we did not
consider the effects of climate change to pose a significant threat
(Service 2018, pp. 42-46). To be conservative, our analysis of future
conditions did not consider that ongoing efforts to improve population
sizes and habitat quality have the potential to further increase the
number of resilient populations of Bradshaw's lomatium. Many stressors
to the species are being addressed through habitat management and
population augmentation, but ongoing management is necessary to
maintain resilient populations throughout the species' range.
In sum, significant impacts at the time of listing such as habitat
loss due to land use conversion and woody encroachment that could have
resulted in the extirpation of all or parts of populations have been
either eliminated or reduced since listing. An assessment of likely
future conditions, including the status of known stressors, management
trends, and possible impacts of climate change, finds that although
populations may decline in abundance, at least 14 to 16 populations
across the range of the species are expected to maintain high or
moderate resiliency over a timeframe of 25 to 50 years into the future
(Service 2018, pp. 42-46). We, therefore, conclude that the previously
recognized impacts to Bradshaw's lomatium from present or threatened
destruction, modification, or curtailment of its habitat or range
(specifically, habitat development for agriculture or urbanization and
invasion of prairie vegetation by various woody plant species) (Factor
A); disease or predation (specifically, parasitism by insects and
predation by voles) (Factor C); the inadequacy of existing regulatory
mechanisms (Factor D); and other natural or manmade factors affecting
its continued existence (specifically, genetic isolation, inbreeding
depression, and the effects of climate change) (Factor E) do not rise
to a level of significance, either individually or in combination, such
that the species is in danger of extinction now or likely to become so
within the foreseeable future. Overutilization for commercial,
recreational, scientific, or educational purposes (Factor B) was not a
factor in listing and based on the best available information, we
conclude that it does not constitute a threat to the Bradshaw's
lomatium now or in the foreseeable future. The Service recognizes that
woody encroachment and nonnative, invasive plant species are stressors
with ongoing impacts to Bradshaw's lomatium, but finds that current and
expected trends in site protection and habitat management are
sufficient to prevent these stressors from constituting a threat to the
continued existence of the species. Thus, after assessing the best
available information, we conclude that Bradshaw's lomatium is not in
danger of extinction or likely to become so within the foreseeable
future throughout all of its range.
Status Throughout a Significant Portion of Its Range
Under the Act and our implementing regulations, a species may
warrant listing if it is in danger of extinction or likely to become so
in the foreseeable future throughout all or a significant portion of
its range (SPR). Where the best available information allows the
Services to determine a status for the species rangewide, that
determination should be given conclusive weight because a rangewide
determination of status more accurately reflects the species' degree of
imperilment and better promotes the purposes of the Act. Under this
reading, we should first consider whether the species warrants listing
``throughout all'' of its range and proceed to conduct a ``significant
portion of its range'' analysis if, and only if, a species does not
qualify for listing as either an endangered or a threatened species
according to the ``throughout all'' language.
Having determined that Bradshaw's lomatium is not in danger of
extinction or likely to become so in the foreseeable future throughout
all of its range, we now consider whether it may be in danger of
extinction or likely to become so in the foreseeable future in an SPR.
The range of a species can theoretically be divided into portions in an
infinite number of ways, so we first screen the potential portions of
the species' range to determine if there are any portions that warrant
further consideration. To do the ``screening'' analysis, we ask whether
there are portions of the species' range for which there is substantial
information indicating that: (1) The portion may be significant; and,
(2) the species may be, in that portion, either in danger of extinction
or likely to become so in the foreseeable future. For a particular
portion, if we cannot answer both questions in the affirmative, then
that portion does not warrant further consideration and the species
does not warrant listing because of its status in that portion of its
range. We emphasize that answering both of 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.
If we answer these questions in the affirmative, we then conduct a
more
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thorough analysis to determine whether the portion does indeed meet
both of the SPR prongs: (1) The portion is significant and (2) the
species is, in that portion, either in danger of extinction or likely
to become so in the foreseeable future. Confirmation that a portion
does indeed meet one of these prongs does not create a presumption,
prejudgment, or other determination as to whether the species is an
endangered species or threatened species. Rather, we must then
undertake a more detailed analysis of the other prong to make that
determination. Only if the portion does indeed meet both SPR prongs
would the species warrant listing because of its status in a
significant portion of its range.
At both stages in this process--the stage of screening potential
portions to identify any portions that warrant further consideration
and the stage of undertaking the more detailed analysis of any portions
that do warrant further consideration--it might be more efficient for
us to address the ``significance'' question or the ``status'' question
first. Our selection of which question to address first for a
particular portion depends on the biology of the species, its range,
and the threats it faces. Regardless of which question we address
first, if we reach a negative answer with respect to the first question
that we address, we do not need to evaluate the second question for
that portion of the species' range.
The Service's most-recent definition of ``significant'' has been
invalidated by the courts (for example, Desert Survivors v. Dep't of
the Interior, No. 16-cv-01165-JCS (N.D. Cal. Aug. 24, 2018)).
Therefore, we determined whether the populations in Oregon and
Washington could be significant under any reasonable definition of
``significant.'' To do this, we evaluated whether these populations
taken together may be biologically important in terms of the
resiliency, redundancy, or representation of the species.
We identified the population of Bradshaw's lomatium in southwestern
Washington as a potential portion of the range warranting further
detailed consideration due to its potential contributions to the
resiliency, redundancy, and representation of the species. This
population is the northernmost known population of the species
(contributing to representation), and is separated from the majority of
the range by the Columbia River and a large, historically unoccupied
area in northern Oregon (contributing to redundancy). It is also the
largest known population of Bradshaw's lomatium (contributing to
resiliency).
The southwestern Washington population of Bradshaw's lomatium is
composed of individuals occurring at two separate sites in close
proximity to each other. The smaller of the two sites contained an
estimated 658 Bradshaw's lomatium individuals in 2018 (Wilderman 2018,
entire), and is owned and managed by the WDNR. The WDNR manages this
site with an emphasis on habitat management, population augmentation,
and monitoring to benefit Bradshaw's lomatium. The larger site occurs
on the rough of a privately owned golf co