Endangered and Threatened Wildlife and Plants; Removing Bradshaw's Lomatium (Lomatium bradshawii) From the Federal List of Endangered and Threatened Plants, 13200-13215 [2021-04693]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Rules and Regulations]
[Pages 13200-13215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04693]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2019-0013; FF09E22000 FXES11130900000 212]
RIN 1018-BD59


Endangered and Threatened Wildlife and Plants; Removing 
Bradshaw's Lomatium (Lomatium bradshawii) From the Federal List of 
Endangered and Threatened Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), remove 
Bradshaw's lomatium (Lomatium bradshawii, 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. 
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).

DATES: This rule is effective April 7, 2021.

ADDRESSES: This final rule is available on the internet at https://www.regulations.gov under Docket No. FWS-R1-ES-2019-0013. Comments and 
materials we received, as well as supporting documentation we used in 
preparing this rule, are available for public inspection at https://www.regulations.gov under FWS-R1-ES-2019-0013.

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:

Previous Federal Actions

    On November 26, 2019, we published in the Federal Register (84 FR 
65067) a proposed rule to remove Bradshaw's lomatium from the List of 
Endangered and Threatened Plants (i.e., to ``delist'' the species). 
Please refer to that proposed rule for a detailed description of the 
Federal actions concerning this species that occurred prior to November 
26, 2019.

Summary of Changes From the Proposed Rule

    In response to public comments and in the process of developing 
this final rule, we have made the following changes from our November 
26, 2019, proposed rule (84 FR 65067):
     We added language in the final post-delisting monitoring 
plan to indicate that additional Bradshaw's lomatium populations may be 
visited upon occasion, as time and resources allow, to provide for a 
``spot check'' on the status of additional populations that are outside 
of the 18 priority sites identified for regular visits during the post-
delisting monitoring period. These abbreviated field visits may collect 
information through assessment of population abundance, photo points, 
and/or evaluation of management practices and habitat condition.
     We incorporated into the preamble to this final rule 
mention of the recently developed MOU among the U.S. Army Core of 
Engineers, the Bureau of Land Management, the Natural Resource 
Conservation Service and the Service, to provide for the long-term 
conservation of Bradshaw's lomatium, regardless of listing status.
     We made minor editorial changes in the preamble of this 
final rule, including revising our description of how we develop and 
implement recovery plans, adding additional discussion about which 
recovery criteria were met, inserting an updated description of our 
regulatory and analytical frameworks, updating our description of how 
we determine species status throughout all or a portion of the species' 
range, and making minor textual updates to our assessment of Bradshaw's 
lomatium's status throughout a portion of its range.

I. Final Delisting Determination

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'' (SSA report) (Service 
2018), which is available at https://www.regulations.gov in Docket No. 
FWS-R1-ES-2019-0013, under Supporting Documents. The SSA report 
documents the results of our comprehensive biological status review for 
Bradshaw's lomatium, and has undergone peer review. The SSA report does 
not represent any decision by the Service regarding the status of 
Bradshaw's lomatium under the Act (16 U.S.C. 1531 et seq.). It does, 
however, provide the scientific basis that informed our most recent 5-
year status review, which resulted in a recommendation that the species 
should be removed from the List. The SSA report also served as one of 
the bases for this final rule and our regulatory decision, which 
involves the further application of standards within the Act and its 
implementing regulations and policies.
    In this final rule, we present only a summary of the key results 
and conclusions from the SSA 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

[[Page 13201]]

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 SSA report (Service 2018, entire).

Recovery and Recovery Plan Implementation

    Section 4(f) of the Act directs us to develop and implement 
recovery plans for the conservation and survival of endangered and 
threatened species unless we determine that such a plan will not 
promote the conservation of the species. 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.
    Recovery plans provide a roadmap for us and our partners on methods 
of enhancing conservation and minimizing threats to listed species, as 
well as measurable criteria against which to evaluate progress towards 
recovery and assess the species' likely future condition. However, they 
are not regulatory documents and do not 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 to 
delist a species, is ultimately based on an analysis of the best 
scientific and commercial data 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.
    There are many paths to accomplishing recovery of a species, and 
recovery may be achieved without all of the criteria in a recovery plan 
being fully met. For example, one or more criteria may be exceeded 
while other criteria may not yet be accomplished. In that instance, we 
may determine that the threats are minimized sufficiently and that the 
species is robust enough that it no longer meets the definition of an 
endangered species or a threatened species. In other cases, we may 
discover new recovery opportunities after having finalized the recovery 
plan. Parties seeking to conserve the species may use these 
opportunities instead of methods identified in the recovery plan. 
Likewise, we may learn new information about the species after we 
finalize the recovery plan. The new information may change the extent 
to which existing criteria are appropriate for identifying recovery of 
the species. The recovery of a species is a dynamic process requiring 
adaptive management that may, or may not, follow all of 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.
    The recovery plan states that, in addition to the criteria 
described above, Bradshaw's lomatium could be considered for delisting 
when there are 20 populations and 100,000 plants properly distributed, 
genetic material is stored in a facility approved by the Center for 
Plant Conservation, and post-delisting monitoring plans and monitoring 
agreements are in place. Given our current understanding of this 
species, the criteria addressing abundance, distribution, and site 
management and protection are the most important in assessing recovery. 
Accordingly, these criteria are the basis of our analysis of 
resiliency, redundancy, and representation, and the focus of the 
discussion that follows. The remaining two criteria have also been met; 
genetic material is preserved at the Institute of Applied Ecology seed 
bank, and post-delisting monitoring plans and agreements are in place 
(see Post-Delisting Monitoring).
    To reflect the historical distribution of Bradshaw's lomatium, the 
species' range was divided into eight recovery zones (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, to the extent known (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 Bradshaw's lomatium 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. In our 
analysis, only populations with moderate to high overall condition and 
with more than 200 plants were considered to have met the recovery 
criteria, as populations with lower overall condition or abundance were 
considered too high risk to be counted toward recovery. An estimated 
11,276,253 plants in 17 populations meet this standard (Service 2018, 
p. 39, updated based on Wilderman 2018, entire), an increase from 
approximately 25,000 to 30,000 individuals in 11 populations at listing 
in 1988. An additional 1,361 plants, distributed among 7 populations, 
comprise the grand total number of known Bradshaw's lomatium plants. In 
total, 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

[[Page 13202]]

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 estimate there are 
likely more plants across the range of Bradshaw's lomatium than we have 
accounted for 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 SSA 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 SSA 
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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    Based on the most recent count, the number of plants counted 
towards recovery is 11,276,253, with an additional 1,361 plants 
occurring in populations with fewer than 200 individuals, which we did 
not count

[[Page 13205]]

toward recovery. Of the total number of known plants, 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. 
If we consider 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), we estimate there are 485,595 plants 
within Oregon populations. 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 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 including 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 also to ensure our overall evaluation was 
not unduly influenced by this single extremely large population. 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 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 a 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.
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    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 13207]]

such as public lands, conservancy lands, or private lands with 
conservation easements (Service 2018, Appendix A). Two sites in 
southwestern Washington collectively comprise the single largest 
population of the species with millions of plants. The vast majority of 
plants in the southwestern Washington population occur on private 
property that is not under formal protection, but over the years the 
site has been consistently managed in a manner conducive to supporting 
the largest population of Bradshaw's lomatium known. The other portion 
of the population in southwestern Washington, owned by the Washington 
Department of Natural Resources (WDNR), contains approximately 658 
plants. 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, the 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, 75 percent 
of sites receive some form of management as described above, accounting 
for greater than 99 percent of known Bradshaw's lomatium plants. Sites 
receiving management span all ownership types. Rangewide, 58 percent of 
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, the 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).
    Although not considered as a basis for this delisting, a memorandum 
of understanding (MOU) among the Bureau of Land Management, the Natural 
Resources Conservation Service, the U.S. Army Corps of Engineers, and 
the Service has been developed with the express purpose of providing 
for the long-term conservation and sustained recovery of Bradshaw's 
lomatium (Service et al. 2020, entire). Together these agencies own or 
manage at least 35 of the 71 known Bradshaw's lomatium sites. The MOU 
describes the ongoing commitment of the cooperating management agencies 
to maintain wet prairie habitats containing Bradshaw's lomatium 
populations at a sufficient quality to support the resilience of those 
populations, to the best of their abilities, irrespective of any change 
in the species' legal status and its standing under the Act. This MOU 
did not enter into our consideration of the delisting of Bradshaw's 
lomatium. However, it is added evidence of the strength of the ongoing 
collaborative efforts of conservation partners dedicated to the 
recovery of the native prairie species and ecosystems of the Willamette 
Valley.
    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.

Regulatory and Analytical Framework

Regulatory Framework

    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 is an ``endangered species'' or a ``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 any species is an endangered species or a 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.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects. We 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 (see 50 CFR 424.11(c) through (e)).
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the species' expected response and 
the effects of the threats--in light of those actions and conditions 
that will ameliorate the threats--on an individual, population, and 
species level. We evaluate each threat and its expected effects on the 
species, then analyze the cumulative effect of all of the threats on 
the species as a whole. We also consider the cumulative effect of the 
threats in light of those actions and conditions that will have 
positive effects on the species--such as any existing regulatory 
mechanisms or conservation efforts. The Secretary determines whether 
the species meets the definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species now and in the 
foreseeable future.

[[Page 13208]]

    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis. The term 
foreseeable future extends only so far into the future as we can 
reasonably determine that both the future threats and the species' 
responses to those threats are likely. In other words, the foreseeable 
future is the period of time in which we can make reliable predictions. 
``Reliable'' does not mean ``certain''; it means sufficient to provide 
a reasonable degree of confidence in the prediction. Thus, a prediction 
is reliable if it is reasonable to depend on it when making decisions.
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes applicable to the relevant threats and to the 
species' likely responses to those threats in view of its life-history 
characteristics. Data that are typically relevant to assessing the 
species' biological response include species-specific factors such as 
lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors.

Analytical Framework

    The SSA report documents the results of our comprehensive 
biological review of the best scientific and commercial data regarding 
the status of the species, including an assessment of the potential 
threats to the species. The SSA report does not represent our decision 
on whether the species should be downlisted or delisted under the Act. 
It does, however, provide the scientific basis that informs our 
regulatory decisions, which involve the further application of 
standards within the Act and its implementing regulations and policies. 
The following is a summary of the key results and conclusions from the 
SSA report; the full SSA report can be found at Docket FWS-R1-ES-2019-
0013 on https://www.regulations.gov.
    To assess the viability of Bradshaw's lomatium, we used the three 
conservation biology principles of resiliency, redundancy, and 
representation (Shaffer and Stein 2000, pp. 306-310). Briefly, 
resiliency supports the ability of the species to withstand 
environmental and demographic stochasticity (for example, wet or dry, 
warm or cold years); redundancy supports the ability of the species to 
withstand catastrophic events (for example, droughts, large pollution 
events); and representation supports the ability of the species to 
adapt over time to long-term changes in the environment (for example, 
climate changes). In general, the more resilient and redundant a 
species is and the more representation it has, the more likely it is to 
sustain populations over time, even under changing environmental 
conditions. Using these principles, we identified the species' 
ecological requirements for survival and reproduction at the 
individual, population, and species levels, and described the 
beneficial and risk factors influencing the species' viability.
    The SSA process can be categorized into three sequential stages. 
During the first stage, we evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical 
and current condition of the species' demographics and habitat 
characteristics, including an explanation of how the species arrived at 
its current condition. The final stage of the SSA involved making 
predictions about the species' responses to positive and negative 
environmental and anthropogenic influences. Throughout all of these 
stages, we used the best available information to characterize 
viability as the ability of a species to sustain populations in the 
wild over time. We use this information to inform our regulatory 
decision.

Summary of Biological Status and Threats

    In this discussion, we review the biological condition of 
Bradshaw's lomatium and its resources, and the threats that influence 
the species' current and future condition, in order to assess the 
species' overall viability and the risks to that viability.
    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, based on its life history 
characteristics, and captures the terms of many of the management plans 
that are in effect at Bradshaw's lomatium sites; it is also the length 
of time over which we conclude we can make reliable prediction about 
the anticipated 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.
    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 (53 FR 38449-38450; September 30, 1988). The listing rule 
did not find that overutilization for commercial, recreational, 
scientific, or educational purposes posed a threat to Bradshaw's 
lomatium. The listing rule noted 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) 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. The rule noted that 
further study was required to determine the significance of any such 
threats. 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 (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 either not known or 
considered at the time of listing: (1) Competition from nonnative, 
invasive plant species; (2) potential impacts resulting from the 
effects of climate change; and (3) predation by voles (Microtus spp.), 
which has been observed within Bradshaw's lomatium sites. Subsequently, 
we conducted a 5-year status review based on the SSA 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 SSA report, the threat of habitat loss 
from land conversion for agriculture and urbanization 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). 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

[[Page 13209]]

right-of-way, or by conservation easements on private lands. In 
Washington, one of two sites that support Bradshaw's lomatium is owned 
by the 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.
    The present threat to Bradshaw's lomatium from modification of 
habitat due to invasion of prairies by nonnative, invasive plants and 
by woody species 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. This confidence is affirmed by the MOU committing to long-term 
conservation of Bradshaw's lomatium on Federal lands regardless of its 
listing status. We found no evidence that negative impacts due to 
parasitic organisms constitute a threat to the viability of Bradshaw's 
lomatium. Predation by voles 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 estimated 
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 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 
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 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 
(Bachelet et al. 2011, p. 414; Steel et al. 2011, pp. 43; Kaye et al. 
2013, p. 18. 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 
increased reproduction after increased early precipitation, temporal 
shifts in life cycle completion to earlier in spring (earlier 
germination and seed set), increased mortality, and decreased 
recruitment (USFWS 2018, p. 43). 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, we characterized a ``worst case'' 
future scenario in terms we could use in our analysis of future 
condition. In consultation with species experts and conservation 
partners, we defined the worst case scenario as one where increased 
mortality and decreased recruitment culminate in a 50 percent reduction 
of all populations. We considered this to be a conservative approach, 
in that the actual effects on populations size are likely to be more 
moderate. 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 reduction in abundance, at least 14 to 
16 populations of Bradshaw's lomatium in moderate or high condition are 
expected to remain 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 is 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

[[Page 13210]]

will be robust in the face of 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 remain 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.
    We note that, by using the SSA framework to guide our analysis of 
the scientific information documented in the SSA report, we have not 
only analyzed individual effects on the species, but we have also 
analyzed their potential cumulative effects. We incorporate the 
cumulative effects into our SSA analysis when we characterize the 
current and future condition of the species. Our assessment of the 
current and future conditions encompasses and incorporates the threats 
individually and cumulatively. Our current and future condition 
assessment is iterative because it accumulates and evaluates the 
effects of all the factors that may be influencing the species, 
including threats and conservation efforts. Because the SSA framework 
considers not just the presence of the factors, but to what degree they 
collectively influence risk to the entire species, our assessment 
integrates the cumulative effects of the factors and replaces a 
standalone cumulative effects analysis.
    See the SSA report (Service 2018, entire) for a more detailed 
discussion of our evaluation of the biological status of 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.

Summary of Comments and Recommendations

    In the proposed rule published in the Federal Register on November 
26, 2019 (84 FR 65067), we requested that all interested parties submit 
written comments on our proposal to delist Bradshaw's lomatium by 
January 27, 2020. We also contacted appropriate Federal and State 
agencies, scientific experts and organizations, and other interested 
parties and invited them to comment on the proposal. Newspaper notices 
inviting general public comment were published in The Oregonian. We did 
not receive any requests for a public hearing. All substantive 
information provided during the comment period has either been 
incorporated directly into this final rule or is addressed below.

Public Comments

    We received three comments from the public on our November 26, 
2019, proposed rule. One of these generally opposed the delisting of 
Bradshaw's lomatium but did not provide substantive comments to respond 
to or address. The remaining two provided substantive comments on the 
proposed rule or the draft post-delisting monitoring plan, and are 
addressed below.
    Comment (1): One commenter expressed concerns that Federal 
delisting of Bradshaw's lomatium would likely result in a petition for 
State delisting as well, resulting in a potential threat from the 
inadequacy of regulatory mechanisms to require habitat maintenance for 
the species (Factor D). The commenter states that habitat management 
benefitting this conservation-reliant species may not necessarily 
continue after delisting, which would again expose populations of 
Bradshaw's lomatium to the threat of habitat degradation through 
encroachment of woody vegetation and nonnative plants. In particular, 
the commenter argued that if only 58 percent of total sites have a 
management plan with conservation goals for Bradshaw's lomatium or wet 
prairie habitat, a ``worst case'' future scenario could leave the 
remaining 42 percent of sites unmanaged, or under-managed, in terms of 
habitat maintenance. Overall, the commenter suggested that more 
measures are needed to formalize the commitment of landowners to 
continue Bradshaw's lomatium habitat management efforts to ensure 
habitat for the species remains protected from degradation following 
delisting, with particular emphasis on non-Federal public sites and the 
large population in Washington.
    Our Response: Our evaluation of the level of protection and active 
management provided to populations of Bradshaw's lomatium, required to 
effectively ameliorate the threat of habitat degradation now and into 
the future, was one of our primary considerations in determining the 
appropriate status of the species. As described in the November 26, 
2019, proposed rule (84 FR 65067) and in Appendix A of the SSA report, 
our information indicates that in Oregon, where 69 of the 71 sites of 
Bradshaw's lomatium are found, nearly 99 percent of Bradshaw's lomatium 
individuals now receive protection from further habitat loss and 
fragmentation due to land ownership by Federal, State, or other public 
entities, or by NGOs, or due to protections through management 
agreements or conservation easements on private lands. Nearly all of 
these management commitments are long-term or perpetual (61), and the 
short-term management agreements (8) are renewable. Of the 71 total 
known sites, 51 are in public ownership and 9 have either a 
conservation easement or Partners for Fish and Wildlife agreement in 
place. There are only 11 sites on privately owned lands without a 
formal agreement in place, but even without formal protections, several 
of these are managed such that they provide habitat for Bradshaw's 
lomatium, and they support relatively few plants overall. The 58 
percent of sites with a management plan mentioned by the commenter 
refers only to those sites that have a plan specific to Bradshaw's 
lomatium or the maintenance of wet prairie habitat; even without such a 
plan, many of these sites do have management plans, and the majority of 
sites experience some degree of habitat

[[Page 13211]]

protection and management that benefits the species, even if that 
benefit is incidental to, and not focused specifically on, Bradshaw's 
lomatium. Based on all of these considerations, we do not foresee a 
future in which it is likely that up to 42 percent of sites would be 
unmanaged or under-managed, as the commenter suggests.
    The largest single population of Bradshaw's lomatium plants, 
located in southwestern Washington, is privately owned, and WDNR 
continues to actively pursue avenues for the perpetual conservation and 
management of this site. However, as noted above and as described 
earlier in this document, even without formal protections, the regular 
mowing that occurs at this site on a consistent basis year after year 
has provided for the most vast and robust population of the species 
known, the owners have voluntarily placed signs to alert the public to 
the presence of the plant, and the site faces no known threats.
    The fact that the majority of Bradshaw's lomatium sites are in some 
form of public or NGO ownership, or under conservation easement or 
other agreement, gives us confidence that appropriate habitat 
management is likely to continue into the foreseeable future. The MOU 
committing to long-term conservation of Bradshaw's lomatium on Federal 
lands regardless of its listing status, recently developed by the U.S. 
Army Corps of Engineers, Bureau of Land Management, Natural Resources 
Conservation Service, and the Service, which collectively own or manage 
at least 35 of the 71 known Bradshaw's lomatium sites, further adds to 
this confidence (Service et al. 2020, entire). As noted above, this MOU 
did not enter into our consideration of the potential delisting of 
Bradshaw's lomatium. However, it offers further support for our 
confidence in the strength of the established conservation alliances 
for the preservation of prairie species and ecosystems in the 
Willamette Valley, and the likelihood that these efforts are likely to 
continue. Monitoring under the post-delisting monitoring plan (see our 
response to Comment (2), below) is designed to confirm that appropriate 
management continues and that degradation of habitat for the species 
does not follow delisting.
    Details about the State of Oregon's criteria for delisting plants 
from the State Endangered Species List can be found in Oregon 
Administrative Rule (OAR) 603-073-0030. Under this OAR, when a plant is 
removed from the Federal list, it is not automatically removed from the 
State list, but must undergo review if delisting is initiated. This 
review process can take years. Removal from the State list is, 
therefore, not necessarily imminent. In addition, the habitat 
protections afforded listed plants by both Federal and State laws are 
limited. Under the provisions of both the Act and Oregon State law (see 
OAR 603-073-0090 and Oregon Revised Statute (ORS) 564.120), listed 
plants are protected by prohibitions from certain activities (for 
example, cutting, digging, damaging, destroying; transport and sale) 
but nothing in either law requires the maintenance of habitat for 
listed plants. We, therefore, would not expect State delisting of 
Bradshaw's lomatium to have much practical effect on the maintenance of 
habitat for the species or protection from habitat degradation.
    After the protections of the Act no longer apply, we are planning 
for a 6-year post-delisting monitoring period to ensure Bradshaw's 
lomatium's status does not deteriorate. If a substantial decline in the 
species (numbers of individuals or populations) or an increase in 
threats is detected during that period, we will implement measures to 
halt the species' decline so that re-proposing it as an endangered or 
threatened species is not needed. The objective of the post-delisting 
monitoring plan is to verify that Bradshaw's lomatium remains secure 
from the risk of extinction after the protections of the Act have been 
removed. The plan is specifically designed to detect any significant 
declines in Bradshaw's lomatium populations, should any occur, with 
reasonable certainty and precision (see also our response to Comment 
(2), below).
    Comment (2): One commenter expressed concerns that the draft post-
delisting monitoring plan prioritizes monitoring of only 18 sites, or 
about 25 percent of all known sites, which could leave the status of 
most sites unknown and possibly allow a serious decline in critical 
populations to be missed. The commenter recommended including more 
sites, and choosing those sites based on their recovery value; 
including smaller, more vulnerable populations that play an important 
role in terms of species viability (redundancy or representation) as a 
priority for monitoring; and prioritizing sites for monitoring that 
lack management plans or are otherwise at high risk of being threatened 
following delisting. With regard to some of the smaller populations 
that are contributing to recovery, the commenter suggested that 
population trend information be presented in addition to measures of 
plant abundance.
    In addition, this commenter suggested expedited site visits to 
additional lower priority sites after delisting. These visits could 
include collection of data that is informative but less time-consuming 
to collect, such as identifying whether management is continuing, 
identifying whether flowering plants are present, photo monitoring, and 
estimating population size-class.
    Our Response: Monitoring a representative subsample of sites as 
outlined in the draft post-delisting monitoring plan will give us an 
early indication if declines are occurring or if threats such as 
habitat degradation are resurgent. Limited resources preclude our 
ability to completely survey all of the known Bradshaw's lomatium sites 
each year; thus, we endeavored to craft a post-delisting monitoring 
plan that would effectively capture trends in population size, habitat 
quality, and management direction across a representative sample of 
sites.
    The 18 priority sites for post-delisting monitoring have been 
selected to represent the full geographic range of the species, a 
variety of ownerships (informative regarding habitat management; see 
below), and a range of population sizes. We specifically designed post-
delisting monitoring to address whether, and what type of, management 
has occurred on the site in the previous year, as well as the ownership 
status of the site, precisely because Bradshaw's lomatium is a 
conservation-reliant species and is so dependent on appropriate habitat 
management. Conservation programs offered through the Service's 
Partners for Fish and Wildlife Program and various Farm Bill programs 
administered through the Natural Resources Conservation Service will 
continue to be available to private landowners for the long-term 
maintenance and protection of important Bradshaw's lomatium populations 
on private lands after the species is delisted. As described in the 
post-delisting monitoring plan, a 6-year post-delisting monitoring 
period will provide time for sites to undergo two to three management 
cycles, allowing monitoring efforts to identify potential deficiencies 
in management outcomes.
    The sites chosen for monitoring include representation from all of 
the recovery zones across the range of the species, different land 
ownerships, and different population sizes (ranging from as few as 83 
individuals to nearly 75,000). The monitoring history of sites was an 
important consideration in their selection for post-delisting 
monitoring; to the extent possible we chose sites that have already 
been monitored for long

[[Page 13212]]

periods of time and have established population trends, which allows us 
to build on this existing data set and provides a more robust analysis 
of trend information post-delisting. The plan calls for post-delisting 
monitoring to follow methods previously used at each site so that 
reliable long-term trends can be determined based on standardized data 
collection.
    Of the 18 sites, 4 are privately owned, and only 2 of those are 
without conservation and management agreements. Fourteen of the 18 
sites are on Federal, State, municipal, or other conservation ownership 
with active management plans. The 18 priority sites are just that: The 
priority sites for monitoring. Additional sites may be monitored as 
resources allow, and the post-delisting monitoring plan specifically 
allows for future modification as needed or appropriate. We have 
incorporated the commenter's recommendation to add expedited site 
visits and abbreviated data collection at additional sites as time and 
opportunity allows, which would provide for an occasional check on the 
status of other Bradshaw's lomatium populations, into our final post-
delisting monitoring plan.
    Through the implementation of the post-delisting monitoring plan, 
the implementation of the aforementioned MOU, and the continued work of 
the various native plant work groups and conservation partnerships 
focused on the recovery of native plants, we conclude that sufficient 
monitoring is in place to detect any significant changes in the 
populations of Bradshaw's lomatium. If data show that the species is 
declining, or if one or more factors that have the potential to cause a 
decline are identified, we may continue monitoring beyond the 6-year 
period and modify the post-delisting monitoring plan based on an 
evaluation of the results, or reinitiate listing if necessary.
    Section 4(g)(2) of the Act directs the Service to make prompt use 
of its emergency listing authorities under section 4(b)(7) of the Act 
to prevent a significant risk to the well-being of any recovered 
species. While not specifically mentioned in section 4(g) of the Act, 
authorities to list species in accordance with the process prescribed 
in sections 4(b)(5) and 4(b)(6) of the Act may also be used to 
reinstate species on the List, if warranted.

Determination of Bradshaw's Lomatium's 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. For a more 
detailed discussion on the factors considered when determining whether 
a species meets the definition of an endangered species or a threatened 
species and our analysis on how we determine the foreseeable future in 
making these decisions, please see Regulatory and Analytical Framework, 
above.

Status Throughout All of Its Range

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the Act's 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; at that time, 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, the species 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 listing.
    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 the species' historical range. Under current 
conditions, 24 populations of Bradshaw's lomatium are 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, 17 such populations occur 
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 an 
estimated 485,595 known individuals are distributed throughout the 
historical range of the species (this count does not include the 
southwestern Washington population to ensure our evaluation was not 
unduly influenced by this single extremely 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), 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 range of 
future scenarios, including one 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 do not consider the effects of climate change to pose a threat 
such that

[[Page 13213]]

it would place the species at risk of extinction in the future (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 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 
species such that it would meet the definition of an endangered species 
or a threatened species. Thus, after assessing the best available 
information, we determine that Bradshaw's lomatium is not in danger of 
extinction now or likely to become so in 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. 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 a significant portion of its range--that is, whether there is any 
portion of the species' range for which both (1) the portion is 
significant, and (2) the species is in danger of extinction now or 
likely to become so in the foreseeable future in that portion. 
Depending on the case, it might be more efficient for us to address the 
``significance'' question or the ``status'' question first. We can 
choose to address either question first. 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 other 
question for that portion of the species' range. In undertaking this 
analysis for Bradshaw's lomatium, we choose to address the status 
question first--we consider information pertaining to the geographic 
distribution of both the species and the threats that the species faces 
to identify any portions of the range where the species is endangered 
or threatened. We considered whether the threats to Bradshaw's lomatium 
are geographically concentrated in any portion of the species' range at 
a biologically meaningful scale. We examined the following threats: 
Habitat loss from land conversion or invasion of prairies by nonnative, 
invasive, and woody species; parasitic organisms; predation by voles; 
inadequate State or Federal protections; inbreeding depression; climate 
change; and the cumulative effects of these threats.
    The threat of habitat loss from land conversion and invasion of 
prairies by nonnative, invasive, and woody species has decreased in all 
portions of the range since the time of listing, due to land protection 
efforts and active habitat management. Of the two sites that comprise 
the sole population of Bradshaw's lomatium in southwestern Washington, 
one is located on a privately owned golf course and contained 
approximately 10.8 million Bradshaw's lomatium plants at the most 
recent survey. This site currently 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 other Washington site, a preserve 
owned and managed by the WDNR, 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. In Oregon, 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. Rangewide, 75 percent of the 
known sites receive active management that benefits the species. Thus, 
we have found no evidence that the present or threatened destruction, 
modification, or curtailment of habitat (Factor A) is concentrated 
within any portion of Bradshaw's lomatium's range, or will be within 
the foreseeable future.
    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, 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 found 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). The best available information does not indicate 
that predation is

[[Page 13214]]

concentrated with any portion of the range of Bradshaw's lomatium, or 
will be within the foreseeable future (Factor C).
    Current State and Federal protections appear adequate to address 
the loss of Bradshaw's lomatium habitat throughout its range, and we do 
not foresee changes to these protections in the foreseeable future 
(Factor D). As described above, we do not consider habitat loss to be 
concentrated within any portion of its range. Of the two known sites 
containing Bradshaw's lomatium in southwestern Washington, 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). We have no 
information indicating that inbreeding depression constitutes a threat 
to the viability of Bradshaw's lomatium in any part of its range, now 
or in the foreseeable future.
    In our SSA 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. Under such a scenario, 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 reduction in abundance, 
at least 14 to 16 populations of Bradshaw's lomatium in moderate or 
high condition are expected to remain throughout the range with ongoing 
management. 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, 
in any portion of the range.
    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 any portion of its range. 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.
    We found no concentration of threats in any portion of Bradshaw's 
lomatium's range at a biologically meaningful scale. Therefore, no 
portion of the species' range can provide a basis for determining that 
the species is in danger of extinction now or likely to become so in 
the foreseeable future in a significant portion of its range, and we 
find the species is not in danger of extinction now or likely to become 
so in the foreseeable future in any significant portion of its range. 
This is consistent with the courts' holdings in Desert Survivors v. 
Department of the Interior, No. 16-cv-01165-JCS, 2018 WL 4053447 (N.D. 
Cal. Aug. 24, 2018), and Center for Biological Diversity v. Jewell, 248 
F. Supp. 3d, 946, 959 (D. Ariz. 2017).

Determination of Status

    Our review of the best available scientific and commercial 
information indicates that Bradshaw's lomatium does not meet the 
definition of an endangered species or a threatened species in 
accordance with sections 3(6) and 3(20) of the Act. Therefore, we are 
removing Bradshaw's lomatium from the List of Endangered and Threatened 
Plants.

Effects of This Rule

    This rule revises 50 CFR 17.12(h) to remove Bradshaw's lomatium 
from the Federal List of Endangered and Threatened Plants. On the 
effective date of this rule (see DATES, above), the prohibitions and 
conservation measures provided by the Act, particularly through 
sections 7 and 9, no longer apply to this species, and Federal agencies 
are no longer 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 will be no change 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 no 
longer meet the definition of endangered or threatened and, therefore, 
have been delisted. The purpose of this post-delisting monitoring is to 
verify that a species remains secure from risk of extinction after the 
protections of the Act have been removed. The monitoring is designed to 
detect the failure of any delisted species to sustain itself without 
the protective measures provided by the Act. If, at any time during the 
monitoring period, data indicate that the protective status under the 
Act should be reinstated, we can initiate listing procedures, 
including, if appropriate, emergency listing under section 4(b)(7) of 
the Act. Section 4(g) of the Act explicitly requires us to cooperate 
with the States in post-delisting monitoring programs, but we remain 
responsible for compliance with section 4(g) of the Act and, therefore, 
must remain actively engaged in all phases of post-delisting 
monitoring. We also seek active participation of other entities that 
are expected to assume responsibilities for the species' conservation 
post-delisting.
    We prepared a post-delisting monitoring plan for Bradshaw's 
lomatium. The plan discusses the current status of the species and 
describes the methods for monitoring the species subsequent to its 
removal from the Federal List of Endangered and Threatened Plants. The 
final post-delisting monitoring plan is available at https://www.regulations.gov under Docket No. FWS-R1-ES-2019-0013. We will work 
closely with our partners to maintain the recovered status of 
Bradshaw's lomatium and ensure post-delisting monitoring is conducted 
and future management strategies are implemented (as necessary) to 
benefit Bradshaw's lomatium.

[[Page 13215]]

Required Determinations

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be 
prepared in connection with regulations 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 (Consultation and 
Coordination with Indian Tribal Governments), 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 Indian culture, and to make 
information available to Tribes. We have determined that no Tribes will 
be affected by this rule because no Tribal lands, sacred sites, or 
resources will be affected by the removal of Bradshaw's lomatium from 
the List of Endangered and Threatened Plants.

References Cited

    A complete list of all references cited in this 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 rule are the staff of the Oregon Fish 
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless 
otherwise noted.


Sec.  17.12  [Amended]

0
2. Amend Sec.  17.12(h) by removing the entry for ``Lomatium 
bradshawii'' under FLOWERING PLANTS from the List of Endangered and 
Threatened Plants.

Martha Williams,
Principal Deputy Director Exercising the Delegated Authority of the 
Director, U.S. Fish and Wildlife Service..
[FR Doc. 2021-04693 Filed 3-5-21; 8:45 am]
BILLING CODE 4333-15-P