Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for the Santa Ana Speckled Dace, 65816-65835 [2024-17237]
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2024–0018;
FXES1111090FEDR–245–FF09E21000]
RIN 1018–BH39
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
With Section 4(d) Rule for the Santa
Ana Speckled Dace
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
list the Santa Ana speckled dace
(Rhinichthys gabrielino), a fish species
native to California, as a threatened
species under the Endangered Species
Act of 1973, as amended (Act). This
determination also serves as our 12month finding on a petition to list the
Santa Ana speckled dace. After a review
of the best available scientific and
commercial information, we find that
listing the species is warranted.
Accordingly, we propose to list the
Santa Ana speckled dace as a threatened
species with protective regulations
issued under section 4(d) of the Act
(‘‘4(d) rule’’). If we finalize this rule as
proposed, it would add this species to
the List of Endangered and Threatened
Wildlife and extend the Act’s
protections to the species. Due to the
current lack of data sufficient to perform
required analyses, we conclude that the
designation of critical habitat for the
species is not determinable at this time.
DATES: We will accept comments
received or postmarked on or before
October 15, 2024. 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 a public
hearing, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by September 27, 2024.
ADDRESSES: You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2024–0018, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the panel on the left
side of the screen, under the Document
Type heading, check the Proposed Rule
box to locate this document. You may
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SUMMARY:
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submit a comment by clicking on
‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R8–ES–2024–0018, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Availability of supporting materials:
Supporting materials, such as the
species status assessment report, are
available at https://www.regulations.gov
under Docket No. FWS–R8–ES–2024–
0018.
FOR FURTHER INFORMATION CONTACT:
Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office, U.S.
Fish and Wildlife Service, 2177 Salk
Avenue, Carlsbad CA 92008; telephone
760–431–9440. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States. Please see
Docket No. FWS–R8–ES–2024–0018 on
https://www.regulations.gov for a
document that summarizes this
proposed rule.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under
the Act (16 U.S.C. 1531 et seq.), a
species warrants listing if it meets the
definition of an endangered species (in
danger of extinction throughout all or a
significant portion of its range) or a
threatened species (likely to become an
endangered species within the
foreseeable future throughout all or a
significant portion of its range). If we
determine that a species warrants
listing, we must list the species
promptly and designate the species’
critical habitat to the maximum extent
prudent and determinable. We have
determined that the Santa Ana speckled
dace meets the Act’s definition of a
threatened species; therefore, we are
proposing to list it as such. Listing a
species as an endangered or threatened
species can be completed only by
issuing a rule through the
Administrative Procedure Act
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rulemaking process (5 U.S.C. 551 et
seq.).
What this document does. We
propose to list the Santa Ana speckled
dace as a threatened species with
protective regulations issued under
section 4(d) of the Act.
The basis for our action. Under the
Act, we may determine that a species is
an endangered or threatened species
because of any of five factors: (A) The
present or threatened destruction,
modification, or curtailment of its
habitat or range; (B) overutilization for
commercial, recreational, scientific, or
educational purposes; (C) disease or
predation; (D) the inadequacy of
existing regulatory mechanisms; or (E)
other natural or manmade factors
affecting its continued existence. We
have determined that the Santa Ana
speckled dace is threatened due to the
following threats: habitat loss (due to
urban development), habitat
degradation (roadways, recreational
activities, mining activities, and
hydrological modifications and
diversions), habitat fragmentation,
increased fire frequency and intensity,
climate change effects (e.g., warmer air
temperatures, more intense
precipitation events including drought
and flooding), nonnative species
(invasive aquatic species predation and
competition), and small population
effects (e.g., inbreeding depression and
loss of genetic diversity).
Section 4(a)(3) of the Act requires the
Secretary of the Interior (Secretary), to
the maximum extent prudent and
determinable, concurrently with listing
designate critical habitat for the species.
We have not yet been able to obtain the
necessary economic information needed
to develop a proposed critical habitat
designation for the Santa Ana speckled
dace, although we are in the process of
obtaining this information. At this time,
we find that designation of critical
habitat for the Santa Ana speckled dace
is not determinable. When critical
habitat is not determinable, the Act
allows the Service an additional year to
publish a critical habitat designation (16
U.S.C. 1533(b)(6)(C)(ii)).
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific and
commercial data available and be as
accurate and as effective as possible.
Therefore, we request comments or
information from other governmental
agencies, Native American Tribes, the
scientific community, industry, or any
other interested parties concerning this
proposed rule. We particularly seek
comments concerning:
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(1) The species’ biology, range, and
population trends, including:
(a) Biological or ecological
requirements of the species, including
habitat requirements for feeding,
breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range,
including distribution patterns and the
locations of any additional populations
of this species;
(d) Historical and current population
levels, and current and projected trends;
and
(e) Past and ongoing conservation
measures for the species, its habitat, or
both.
(2) Threats and conservation actions
affecting the species, including:
(a) Factors that may be affecting the
continued existence of the species,
which may include habitat modification
or destruction, overutilization, disease,
predation, the inadequacy of existing
regulatory mechanisms, or other natural
or manmade factors;
(b) Biological, commercial trade, or
other relevant data concerning any
threats (or lack thereof) to this species;
and
(c) Existing regulations or
conservation actions that may be
addressing threats to this species.
(3) Additional information concerning
the historical and current status of this
species.
(4) Information to assist with applying
or issuing protective regulations under
section 4(d) of the Act that may be
necessary and advisable to provide for
the conservation of the Santa Ana
speckled dace. In particular, we seek
information concerning the extent to
which we should include any of the
section 9 prohibitions in the 4(d) rule or
whether we should consider any
additional exceptions from the
prohibitions in the 4(d) rule.
Please include sufficient information
with your submission (such as scientific
journal articles or other publications) to
allow us to verify any scientific or
commercial information you include.
Please note that submissions merely
stating support for, or opposition to, the
action under consideration without
providing supporting information,
although noted, do not provide
substantial information necessary to
support a determination. Section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is an endangered or a threatened
species must be made solely on the
basis of the best scientific and
commercial data available.
You may submit your comments and
materials concerning this proposed rule
by one of the methods listed in
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ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the 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.
Our final determination may differ
from this proposal because we will
consider all comments we receive
during the comment period as well as
any information that may become
available after this proposal. Based on
the new information we receive (and, if
relevant, any comments on that new
information), we may conclude that the
species is endangered instead of
threatened, or we may conclude that the
species does not warrant listing as either
an endangered species or a threatened
species. In addition, we may change the
parameters of the prohibitions or the
exceptions to those prohibitions in the
protective regulations under section 4(d)
of the Act if we conclude it is
appropriate in light of comments and
new information received. For example,
we may expand the prohibitions if we
conclude that the protective regulation
as a whole, including those additional
prohibitions, is necessary and advisable
to provide for the conservation of the
species. Conversely, we may establish
additional exceptions to the
prohibitions in the final rule if we
conclude that the activities would
facilitate or are compatible with the
conservation and recovery of the
species. In our final rule, we will clearly
explain our rationale and the basis for
our final decision, including why we
made changes, if any, that differ from
this proposal.
Public Hearing
Section 4(b)(5) of the Act provides for
a public hearing on this proposal, if
requested. Requests must be received by
the date specified in DATES. 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
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reasonable accommodations, in the
Federal Register and local newspapers
at least 15 days before the hearing. We
may hold the public hearing in person
or virtually via webinar. We will
announce any public hearing on our
website, in addition to the Federal
Register. The use of virtual public
hearings is consistent with our
regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
On May 11, 2020, we received a
petition from the Center for Biological
Diversity requesting that the Santa Ana
speckled dace be listed as an
endangered or threatened species and
critical habitat be designated for this
species under the Act. The petition
clearly identified itself as such and
included the requisite identification
information for the petitioner, required
at 50 CFR 424.14(c). On June 17, 2021,
we published in the Federal Register
(86 FR 32241) a 90-day finding that the
petition presented substantial scientific
or commercial information indicating
the petitioned action may be warranted.
Peer Review
A species status assessment (SSA)
team prepared an SSA report for the
Santa Ana speckled dace (Service
2023a, entire). The SSA team was
composed of Service biologists, in
consultation with other species experts.
The SSA report represents a
compilation of the best scientific and
commercial data available concerning
the status of the species, including the
impacts of past, present, and future
factors (both negative and beneficial)
affecting the species.
In accordance with our joint policy on
peer review published in the Federal
Register on July 1, 1994 (59 FR 34270),
and our August 22, 2016, memorandum
updating and clarifying the role of peer
review in listing and recovery actions
under the Act, we solicited independent
scientific review of the information
contained in the Santa Ana speckled
dace SSA report. We sent the SSA
report to five independent peer
reviewers and received one response.
Results of this structured peer review
process can be found at https://
www.regulations.gov. In preparing this
proposed rule, we incorporated the
results of these reviews, as appropriate,
into the SSA report, which is the
foundation for this proposed rule.
Summary of Peer Reviewer Comments
As discussed above in Peer Review,
we received comments from one peer
reviewer. We reviewed all comments for
substantive issues and new information
regarding the material contained in the
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SSA report. The reviewer generally
provided additional references,
clarifications, and suggestions for the
SSA report. We updated the SSA report
based on the information we received
and worked with researchers to update
the current and future condition
analyses. The substantive peer reviewer
comment is addressed in the following
summary, and the information provided
was incorporated into the SSA report as
appropriate (Service 2023a, entire).
Comment 1: The reviewer commented
on debris flows and provided clarifying
language when describing the cause,
stating debris flows are caused by
intense rainfall, not by existing surface
water already flowing in a channel. The
reviewer also clarified how fire
increases the magnitude of debris flows,
indirectly impacting dace. They also
noted that while debris flows are more
common in the winter, summertime
debris flows have been documented in
the Santa Ana Mountains.
Our Response: We clarified language
in the SSA report to reflect more
accurately the cause of debris flows and
the indirect impact fire has on daces
with regard to debris flows. Flooding
events are not necessarily the cause of
debris flows. Instead, intense
precipitation events cause debris flows
that may also result in flooding.
Language in the SSA report was also
revised to reflect the possibility of
debris flows occurring outside of winter
when larger rainfall events are expected.
We recognize that while wildfires do
not cause debris flows, they increase the
likelihood of a debris flow.
I. Proposed Listing Determination
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Background
A thorough review of the taxonomy,
life history, and ecology of the Santa
Ana speckled dace is presented in the
SSA report (Service 2023a, pp. 6–8).
The Santa Ana speckled dace is a
small freshwater fish that occupies cool
headwaters of perennial streams and
rivers in the mountains north and east
of Los Angeles, California. The species
was historically found throughout river
systems at the bases of the San Gabriel,
San Bernardino, and San Jacinto
Mountain ranges in Los Angeles, San
Bernardino, and Riverside Counties,
California. For a map of the species’
range, see Docket No. FWS–R8–ES–
2024–0018 on https://
www.regulations.gov.
Several speckled dace species occur
throughout California. At the time of our
petition finding, we stated that a formal
taxonomic description at the species
rank or subspecies rank had not been
prepared and had not passed scientific
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peer review, either as part of acceptance
for publication or through some other
equivalent review. We therefore
determined that the Santa Ana speckled
dace was not listable as a taxonomically
described species. The Santa Ana
speckled dace has since been described
as genetically distinguishable from other
speckled dace species (Su et al. 2022,
entire, Moyle et al. (2023, entire).
Therefore, in this proposed rule we are
analyzing the Santa Ana speckled dace
at the species rank.
The Santa Ana speckled dace has an
olive to darkish yellow body, with the
stomach area paler in color. During the
breeding season, both males and females
have orange- or red-tipped fins, with
males also having red snouts and lips.
This small-scaled fish has a small
downfacing mouth and a pointed snout
with a small barbel on each end of the
maxilla. A small patch of skin connects
the snout to the upper lip. The speckled
dace’s subterminal mouth and tooth
structure are ideal for consuming the
small aquatic invertebrates most
common in riffles (hydropsychid
caddisflies, baetid mayflies, and
chironomid and simuliid midges),
which generally make up the bulk of the
speckled dace’s diet (Moyle et al. 2015,
p. 2). The speckled dace also consumes
filamentous algae (Moyle et al. 2015, p.
2).
The Santa Ana speckled dace’s
lifespan is coarsely correlated with
maximum size, with dace under 80
millimeters (mm) fork length (FL) (the
typical size of a Santa Ana speckled
dace) living for roughly 3 years. Dace in
the upper reaches of the San Gabriel
River drainage commonly reach more
than 110 mm (4.3 inches (in)) standard
length (SL); in other locations, dace this
large can live up to 6 years (Moyle et al.
2015, p. 3). Daces grow to 20 to 30 mm
(0.79 to 1.2 in) SL by the end of their
first summer and grow each subsequent
year by an average of 10 to 15 mm (0.4
to 0.6 in) SL. Typically females grow
faster than males. Under stressful
environmental conditions, limited food,
or high population densities, growth
rates can decrease. Santa Ana speckled
daces reach sexual maturity by the end
of the second summer; based on size
and location, females generate between
190 and 800 eggs (Moyle et al. 2015, p.
3). High flow events and/or rising water
temperatures are normally correlated
with dace spawning, making March
through May the presumed spawning
period for the Santa Ana speckled dace.
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Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533)
and the implementing regulations in
title 50 of the Code of Federal
Regulations set forth the procedures for
determining whether a species is an
endangered species or a threatened
species, issuing protective regulations
for threatened species, and designating
critical habitat for endangered and
threatened species. On April 5, 2024,
jointly with the National Marine
Fisheries Service, we issued a final rule
that revised the regulations in 50 CFR
part 424 regarding how we add, remove,
and reclassify endangered and
threatened species and what criteria we
apply when designating listed species’
critical habitat (89 FR 24300). On the
same day, we published a final rule
revising our protections for endangered
species and threatened species at 50
CFR 17 (89 FR 23919). These final rules
are now in effect and are incorporated
into the current regulations.
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 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
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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.
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, which is
further described in the 2009
Memorandum Opinion on the
foreseeable future from the Department
of the Interior, Office of the Solicitor
(M–37021, January 16, 2009; ‘‘MOpinion,’’ available online at https://
www.doi.gov/sites/
doi.opengov.ibmcloud.com/files/
uploads/M-37021.pdf). The foreseeable
future extends as far into the future as
the U.S. Fish and Wildlife Service and
National Marine Fisheries Service
(hereafter, the Services) can make
reasonably reliable predictions about
the threats to the species and the
species’ responses to those threats. We
need not identify the foreseeable future
in terms of a specific period of time. We
will describe the foreseeable future on a
case-by-case basis, using the best
available data and taking into account
considerations such as the species’ lifehistory characteristics, threat projection
timeframes, and environmental
variability. In other words, the
foreseeable future is the period of time
over which we can make reasonably
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reliable predictions. ‘‘Reliable’’ does not
mean ‘‘certain’’; it means sufficient to
provide a reasonable degree of
confidence in the prediction, in light of
the conservation purposes of the Act.
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 proposed
for listing as an endangered or
threatened species under the Act.
However, it does 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.
To assess the Santa Ana speckled
dace’s viability, we used the three
conservation biology principles of
resiliency, redundancy, and
representation (Shaffer and Stein 2000,
pp. 306–310). Briefly, resiliency is the
ability of the species to withstand
environmental and demographic
stochasticity (for example, wet or dry,
warm or cold years); redundancy is the
ability of the species to withstand
catastrophic events (for example,
droughts, large pollution events); and
representation is the ability of the
species to adapt to both near-term and
long-term changes in its physical and
biological environment (for example,
climate conditions, pathogens). In
general, species viability will increase
with increases in resiliency,
redundancy, and representation (Smith
et al. 2017, p. 306). 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
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time which we then used to inform our
regulatory decision.
The following is a summary of the key
results and conclusions from the SSA
report; the full SSA report can be found
at Docket No. FWS–R8–ES–2024–0018
on https://www.regulations.gov.
Summary of Biological Status and
Threats
In this discussion, we review the
biological condition of the species 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 analyze these factors both
individually and cumulatively to
determine the current condition of the
species and project the future condition
of the species under both plausible
future scenarios at mid- and latecentury.
Species Needs
In order for the Santa Ana speckled
dace to have high viability, the species
needs to maintain its representation
(adaptive capacity) by having multiple,
sufficiently resilient populations
(redundancy) in different watersheds.
The amount of available habitat for the
Santa Ana speckled dace is mainly
driven by cold, flowing water in the
streams throughout the watersheds that
the species occupies. Having reaches of
flowing water (as opposed to dry creek
beds) that individuals can occupy and
use to disperse to new areas in the
watershed is important for population
resiliency. The species inhabits a
relatively small area, making adequate
amounts of suitable habitat important
for the resiliency of the species.
Individual needs for the Santa Ana
speckled dace revolve around having
consistent clean, cool water (estimated
temperatures that stay below 28 degrees
Celsius (°C) (82 degrees Fahrenheit (°F))
in the summer months) with access to
aquatic invertebrates as a food source.
Fertilized eggs and larvae utilize gravel
substrate during development, and,
later, larvae use rocks and emergent
vegetation for cover. Adult Santa Ana
speckled daces inhabit a variety of
stream habitats, with a preference for
moving water. Populations need
abundant individuals within habitat
patches of adequate area and quality to
maintain survival and reproduction in
spite of disturbance. For the Santa Ana
speckled dace, this revolves around
having adequate flows of cold water that
connect the populations within each
watershed. Having enough water in
ephemeral creeks and limited fish
barriers are important to allow dace
within the population to disperse
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throughout connected habitat and not
become isolated. Santa Ana speckled
dace population size varies greatly
based on the annual conditions of the
habitat, and populations will rebound
when conditions are conducive to the
species’ needs. The amount of water is
strongly correlated with the annual
fluctuation in habitat conditions, with
droughts correlated to lower dace
numbers. Without enough cold water
throughout the year to maintain
connectivity, populations are more
likely to become isolated and less
resilient to the presence of ongoing
threats.
Connectivity allows individuals to
move among reaches in a watershed, for
example, upstream and downstream
without barriers impeding movement.
Connectivity allows for movement of
individuals in response to stressors such
as high flow events or fire and allows
for dispersal and gene flow among Santa
Ana speckled dace occurrences, which
maintains genetic diversity and
increases population resiliency.
Connectivity within a watershed
becomes increasingly important as
localized threats increase, forcing
individuals to find more suitable habitat
to survive.
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Factors Influencing Species Viability
The following discussion provides a
summary of the primary factors that
affect or may affect the current and
future conditions of the Santa Ana
speckled dace. For our analysis, we
evaluated impacts from the following
threats to the species: (1) habitat loss
(due to urban development); (2) habitat
degradation (due to recreational
activities, mining, roadways, and
hydrological activities and diversions);
(3) habitat fragmentation; (4) increased
risk of wildfire (probability of fire and
contributions to debris flows); (5)
changing climate trends (e.g., increased
debris flows from high wintertime
precipitation events, increased
temperatures, and longer, more frequent
drought periods); (6) nonnative species
(increased competition and predation);
and (7) small population effects.
Habitat Loss
The lower portions of the San Gabriel,
Santa Ana, and Los Angeles rivers that
were part of the Santa Ana speckled
dace’s historical range no longer support
the species because of habitat loss from
extensive urbanization. The middle and
lower reaches of these rivers have been
channelized and impounded for flood
control, and riparian corridors have
been replaced with concrete-lined
canals. Water quality has also been
degraded and become unsuitable for
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currently degrading habitat quality in
some areas within the species’ range,
and changes in restrictions that would
increase the rangewide extent of mining
activities could result in a substantial
increase in impact on the Santa Ana
speckled dace in the future.
Roadways—Roadways that run along
or cross occupied Santa Ana speckled
dace habitat create a variety of impacts
that degrade habitat and impact water
quality. Roads are sources of nonpoint
pollution (chemical and trash) and
Habitat Degradation
sediment inputs and can also constrict
Recreational Activities—Much of the
the natural morphology of the waterway
remaining habitat occupied by the Santa (straighten out a naturally braided
Ana speckled dace is located in the
stream), restricting dispersal capacity
Angeles and San Bernardino National
for individuals. Roads can also
Forests, which are some of the most
negatively impact or eliminate
heavily visited National Forests in the
vegetation near riverbanks, degrading
country. Impacts from recreation are an
water quality and overall habitat
increasing threat for daces, particularly
quality. Unpaved roads increase the
in the small waterways they inhabit.
potential for erosion and sediment
Recreational activities that directly
inputs, especially in mountainous
impact daces and their habitat include
terrain, where most of the remaining
swimming, off-highway vehicle (OHV)
Santa Ana speckled dace habitat is
use, dam building, littering, camping,
found. Where roads facilitate
and recreational mining. These
recreational access and activities, the
activities stress and displace fish. The
associated negative effects are
artificial impoundments erected to
moderately impacting the majority of
create swimming and bathing areas
Santa Ana speckled dace analytical
impact water quality (including
units.
temperature and sedimentation) and
Hydrological Activities and
fragment the habitat by limiting
Diversions—Water flow in Big Tujunga
dispersal. OHV use directly disturbs
Creek and in the West Fork of the San
waterways and nearby vegetation and
Gabriel River is regulated by large
soils, as well as increases nonpoint
permanent dams that impact habitat
sources of pollution (including trash)
quality, stream flow, water temperature,
and sedimentation. Based on current
sediment transport, stream morphology,
levels, recreational activities are a
and dispersal. Unregulated flows are
moderate and rangewide threat to the
available to maintain habitat for the
Santa Ana speckled dace.
Mining—Suction dredging is currently Santa Ana speckled dace in the East and
North Forks of the San Gabriel River
banned in California, although it was
used in the past in the San Gabriel River and their associated tributaries. Several
unregulated tributaries also flow into
and in the Cajon Wash and Lytle Creek.
Big Tujunga Creek.
Recreational mining for gold has
Dams and regulated flows reduce the
increased in these same areas in recent
delivery of coarse substrates (for
years with the increase in gold prices.
example, cobble and gravel) to occupied
This activity lowers water quality,
downstream reaches, reducing breeding
destroys sensitive habitat, and disturbs
and forage habitat. Above dams, the
Santa Ana speckled daces in the
accumulation of sediments converts
surrounding areas. In the San Gabriel
actively flowing stream channels to stillRiver watershed, gold mining activities
water marshes. Marsh habitat favors
are impacting daces in the East Fork of
nonnative species, such as largemouth
the San Gabriel River and Cattle Creek.
bass (Micropterus salmoides) and other
Habitat in Fish Canyon has also been
centrarchids that are predators on Santa
impacted by a rock quarry, although, as
of 2015, the mining company was in the Ana speckled dace (USACE 2001, p. 4–
process of restoring habitat for the Santa 28). Slow or standing water also allows
fine materials to settle out, resulting in
Ana speckled dace (Moyle et al. 2015,
a substrate that does not support
p. 8). Any mining activities that affect
breeding and foraging habitat for the
the water channel can also directly kill
Santa Ana speckled dace. In periods of
or injure individual fish. Overall,
extreme drought, releases from dams
mining activities occur in a few areas
have helped provide sufficient flows to
and appear to be less extensive than
move sediment to improve habitat for
other recreational activities. While
the Santa Ana speckled dace
mining is not currently considered a
substantial threat, recreational mining is downstream.
daces due to urbanization. For example,
the lower reaches of the San Gabriel,
Santa Ana, and Los Angeles rivers have
highly unsuitable levels of pH,
ammonia, lead, coliform, trash, scum
algae, total dissolved solids, heavy
metals, pathogens, bacteria, and
nutrients (Moyle et al. 2015, p. 8).
Habitat that is currently suitable for the
Santa Ana speckled dace is restricted to
headwater habitats that are not
impacted by urbanization.
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Levees and other methods of
channelizing streams limit and often
prevent the natural meandering process
of rivers, limiting them to more linear
paths. As such, levees confine available
habitats to a narrower geographical area
and, under most conditions, a shorter
linear length. Additionally, during flood
events, water confined within levees
flows faster, and areas that serve as
refugia/sheltering habitat become
scarce. In summary, hydrological
modifications—dams and stream
channelization activities—have
significantly altered and degraded Santa
Ana speckled dace habitat throughout
the dace’s historical range, reducing its
current habitat conditions compared to
its historical habitat conditions, and
represent a moderate to high threat to
the species.
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Habitat Fragmentation From
Hydrological Modifications
Hydrological modifications also limit
or sever habitat connectivity, which
affects the dispersal of the Santa Ana
speckled dace. Such modifications
include flood control dams, drop
structures, recreational dams, road
crossings (for example, culverts), and
levees. Large dams, such as Cogswell
Dam, severely limit connectivity
between Santa Ana speckled dace
populations, only allowing limited,
unidirectional migration downstream.
These and other barriers reduce fish
passage, in turn reducing gene flow and
limiting or preventing population
replenishment. Drop structures also
impede or prevent upstream movement.
Recreational dams, constructed out of
rocks, vegetation, or other debris to
create pools for recreational waterplay,
create barriers during low-flow
conditions but may be passable during
higher flow conditions. Although
recreational dams are typically
destroyed by high winter flows,
recreationalists subsequently rebuild
new dams. Trash and debris can also
build up during high flows and create
barriers. Culverts and other road
crossings may prevent access into
tributaries or limit connectivity within
the main river channel. Additionally,
prolonged periods of low flows as a
result of reduced water input (such as
through flood control measures, storage,
or diversion, or through drought
conditions) can allow native and
nonnative vegetation to accumulate,
which can sometimes serve as barriers
to fish passage (see OCWD 2012, entire).
Barriers are currently present
rangewide, causing a moderately high
impact on the Santa Ana speckled dace.
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Debris Flows and Increased Risk of
Wildfire
Debris flows are fast-moving
landslides that generally occur during
periods of intense rainfall or rapid
snowmelt and usually start on hillsides
or mountains. Heavy precipitation in
steep areas can cause debris flows,
which negatively impact Santa Ana
speckled dace occupancy and can
extirpate small, isolated occurrences, as
likely historically occurred within Fish
Canyon Creek. Currently, debris flows
are a disproportionate threat because all
remaining dace habitat now occurs in
small, steep waterways due to the loss
of less steep downstream habitat to
development and human activities.
Debris flows can result from an excess
overland flow from intense precipitation
in steep mountain catchments with
available sediment. In southern
California mountains, debris flows are
driven by precipitation and occur in
both burned and unburned terrain.
However, wildfires greatly increase the
likelihood of debris flows within the
burned area by removing vegetation and
temporarily elevating soil
hydrophobicity (Staley et al. 2017,
entire), where hydrophobic layers are
created in the soil profile from the heat.
When debris flows occur, they can
cause significant erosion to hillslopes
and channels, resulting in large amounts
of sediment being carried downstream.
This excessive sediment can fill in
pools, causing profound negative
impacts on local wildlife, including fish
such as the Santa Ana speckled dace.
Wildfire has the potential to impact
Santa Ana speckled dace habitat
throughout all of the occupied and
unoccupied reaches of all watersheds
within the range of the species. Wildfire
also eliminates vegetation that shades
the water and moderates water
temperature and may further impact
water transport, sediment transport,
water quality, and flow regime. Fires
followed by debris flows have the
potential to extirpate occurrences
(particularly small, isolated
occurrences), especially when fire
frequency increases. Burned uplands in
the watersheds affect Santa Ana
speckled dace habitat by producing siltand-ash-laden runoff that can fill in
pools and significantly increase
turbidity of rivers. Large wildfires have
caused local extirpations in isolated
dace occurrences (Expert Working
Group 2023, p. 23). Wildfire will impact
the Santa Ana speckled dace throughout
its remaining range, although the
location, frequency, and size of these
events cannot be precisely predicted.
An expected increase in wildfire
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frequency and severity is currently a
substantial threat to Santa Ana speckled
dace habitat. Changing climate
conditions are a primary driver for this,
as described below.
Changing Climate
Climate change forecasts for the
Northern Hemisphere predict warmer
air temperatures, more intense
precipitation events (both drought and
flooding), and increased summer
continental drying by the year 2100
(Cayan et al. 2005, p. 6). The Santa Ana
speckled dace requires cooler water,
with temperatures that stay below 28 °C
(82 °F). The species is capable of
withstanding elevated water
temperatures (Moyle et al. 2015, p. 11),
but the lethal upper temperature limit is
unknown. Fish are generally more
stressed at the upper extremes of their
temperature range, and although they
may be able to survive, elevated
temperature is an example of a stressor
that may affect them through reduced
disease resistance (Moyle et al. 2015, p.
11). Drought negatively impacts dace by
reducing connectivity within currently
occupied watersheds, further isolating
dace, limiting available habitat, and
degrading remaining habitat. Currently,
impacts from climate change are
considered moderate, but they are
projected to increase in the future.
Although average annual precipitation
is predicted to increase, summer and
fall flows are predicted be stable to
slight decreases, which will reduce
connectivity within currently occupied
watersheds, further isolating dace,
limiting available habitat, and degrading
remaining habitat. Increases in
precipitation from wintertime storms
could have both beneficial impacts to
the streams (mitigating impacts from
drought including flushing systems,
reconnecting isolated reaches).
However, increases in wintertime
precipitation in southern California due
to climate change would most likely
lead to more frequent intense storms
that can initiate debris flows, both in
burned and unburned settings.
Additionally, increasing summer air
temperatures and decreasing
precipitation will likely impact the
availability of suitable cooler-water
habitat during the summer and fall
months, when the Santa Ana speckled
dace is already most vulnerable to low
flows and high water temperatures.
Regionally, the American Southwest
has the hottest and driest climate in the
United States. The current drought in
the western United States is one of the
worst in the last 1,200 years and is
exacerbated by climate warming
(Williams et al. 2020, p. 317). Climate
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warming will make droughts longer,
more severe, and more widespread in
the future. Prolonged droughts can
cause effects to Santa Ana speckled dace
habitat (e.g., stream flows and the
frequency and severity of wildfire) in
detrimental ways.
Climate change is also predicted to
increase fire probability. Although the
fire footprint is not likely to change—
because most of the area within the
range of the Santa Ana speckled dace
has already burned—there is an
increased probability of fires in the
future.
Increases in wintertime precipitation
in southern California due to climate
change would most likely lead to more
frequent intense storms that can initiate
debris flows, both in burned and
unburned settings. The combination of
elevated water temperatures with
increased risks from drought (in
summer), increased rainfall (in winter),
and fire throughout the remaining range
of the Santa Ana speckled dace suggests
a higher threat from climate change in
the future.
Nonnative Species
Aquatic habitat may be modified by
the presence of nonnative vegetation in
a variety of ways. For the Santa Ana
speckled dace, the giant reed (Arundo
donax), an invasive, bamboo-like,
perennial grass (Poaceae), poses a host
of problems that degrade remaining
habitats. Giant reed is commonly found
growing along lakes, streams, and other
wetted areas, and once established it
can survive long periods of drought.
Where dominant, giant reed is
correlated with increased levels of pH
and ammonia and decreased levels of
dissolved oxygen (Moyle et al. 2015, p.
9). Compared to other riparian
vegetation, it uses large amounts of
water to support exceptionally high
growth rates (Bell 1997, p. 104). This
species is considered a primary threat to
riparian corridors, and thus Santa Ana
speckled dace habitat, because of its
ease of establishment and spread and its
ability to alter the hydrology of riparian
systems (CDFW 2015, p. F–11).
There are numerous nonnative fish
species that are common in all four of
the river systems where Santa Ana
speckled daces are found. These species
are concentrated in the reservoirs and
degraded streams within these
watersheds. Brown trout (Salmo trutta),
hatchery-stocked rainbow trout
(Oncorhynchus mykiss), and red shiners
(Cyprinella lutrensis) can either directly
compete with or predate on dace (Moyle
et al. 2015, p. 9). The American bullfrog
(Lithobates catesbeiana), another
potential predator, has also been
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observed in Big Tujunga Creek, and may
predate on varying life stages of the dace
(Haines Creek) (ECORP Consulting Inc.
2013, pp. 29–31). Additionally, the red
swamp crayfish (Procambarus clarkii),
predates upon the Santa Ana speckled
dace, is known from Big Tujunga Creek
(O’Brien 2015, entire) and may also be
more widespread. Dams and
impoundments (such as engineered
flood control dams, recreational dams,
drop structures, and groundwater
recharge basins) and pools created as
the result of changes in hydrology from
the giant reed can improve habitat for
nonnative predators, allowing their
populations to increase. Impacts from
nonnative predators are rangewide and
can be severe at the population scale.
The conditions that promote exposure
to predation are highly variable across
locations and over time. Therefore, the
threat of nonnatives to the Santa Ana
speckled dace is considered a low to
moderate threat.
Small Population Effects
The Santa Ana speckled dace occurs
mostly in small, isolated populations
throughout its range. These small,
isolated populations are vulnerable to a
number of deleterious effects including:
(1) demographic fluctuation due to
random variation in birth and death
rates and sex ratio; (2) environmental
fluctuation in resource or habitat
availability, predation, competitive
interactions, and catastrophes; (3)
reduction in cooperative interactions
and subsequent decline in fertility and
survival (i.e., Allee effects); (4)
inbreeding depression reducing
reproductive fitness; and (5) loss of
genetic diversity reducing the ability to
evolve and cope with environmental
change (Traill et al. 2010, p. 29). In
particular, small populations of Santa
Ana speckled dace are more vulnerable
to extirpation during catastrophic or
stochastic events, such as flood events
(that can physically wash dace away),
debris flows (which are much more
likely after fire and reduce habitat
quality and population size), or
sustained drought (that can result in the
loss or reduction of surface flows and
concomitant increases in water
temperature). Isolation means that any
remnant populations following these
events are unlikely to benefit from
demographic or genetic rescue, further
elevating the risks of inbreeding
depression, loss of genetic diversity, and
reductions in evolutionary potential that
can contribute to population
extirpation. These small population
effects interact with other factors to pose
a low to moderate threat across the
species’ current range.
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Cumulative and Synergistic Effects
We note that, by using the SSA
framework to guide our analysis of the
scientific information documented in
the SSA report, we have analyzed the
cumulative effects of identified threats
and conservation actions on the species.
To assess the current and future
condition of the species, we evaluate the
effects of all the relevant 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.
Conservation Efforts and Regulatory
Mechanisms
Several mechanisms provide a
conservation benefit to the Federallylisted Santa Ana sucker (Catostomus
santaanae), which also provide a benefit
to Santa Ana speckled dace where the
species co-occur. A native fish facility is
operated by the Riverside-Corona
Resource Conservation District that
rears native fish including Santa Ana
sucker and Santa Ana speckled dace for
multiple conservation efforts including
research, temporary holding, breeding
for augmentations and reintroductions,
and educational purposes. The draft
Upper Santa Ana River Habitat
Conservation Plan (HCP) has a
conservation strategy with objectives
and actions that help benefit Santa Ana
speckled dace in the Santa Ana River
AU including long term monitoring,
threats analysis, removing barriers and
installing fishway passages to increase
connectivity, nonnative species control,
and salvage operations to relocate
individuals after floods. The Santa Ana
speckled dace is also a covered species
under the Big Tujunga Dam Low-Effect
HCP where Santa Ana speckled dace in
the LA River AU benefit from multiple
conservation measures. Avoidance and
minimization measures are
implemented to limit impacts on Santa
Ana speckled dace and Santa Ana
sucker, including the timing of dam
releases, storing and releasing
supplemental water during the dry
season to improve habitat quality,
habitat monitoring, dace monitoring,
and potential habitat enhancement
measures. Other regulatory mechanisms
thought to have some potential to
protect Santa Ana speckled dace
include: (1) California Endangered
Species Act (where the Santa Ana
speckled dace co-occurs with State-
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listed species), (2) California
Environmental Quality Act, (3) National
Environmental Policy Act, (4) the Clean
Water Act, (5) the Endangered Species
Act (where Santa Ana speckled dace cooccurs with other federally-listed
species), and (6) land management or
conservation measures by Federal, State,
or local agencies or by private groups
and organizations. Each of these
regulatory mechanisms provide some
level of support to help protect Santa
Ana speckled dace throughout its range.
Several State and Federal mechanisms
currently provide a conservation benefit
to the Federal- and State-listed Santa
Ana sucker, which will also provide a
benefit to Santa Ana speckled dace
where the species co-occur.
Current Condition
The historical distribution of the
Santa Ana speckled dace once extended
across the upland and middle reaches of
the Los Angeles, San Gabriel, Santa
Ana, and San Jacinto rivers. These
systems were historically connected in
the alluvial plain during flood events,
allowing for connectivity among
watersheds. Additionally, these areas
provided suitable habitat as well as
refuge for populations during stochastic
and catastrophic events such as fire,
drought, and debris flows. The
historical viability afforded to daces by
this diversity and extent of available
habitats has been lost to development
and other human impacts in the lower
reaches of these watersheds. For the
Santa Ana speckled dace, the impacts of
these changes from historical to current
conditions include reductions in
currently available habitat, reduced
quality of remaining available habitat,
minimal to no connectivity among
occupied river occurrences within and
among watersheds, and presumed small
population sizes based on declining
detections over time and/or small
numbers of observed fish. This
historical context for the current status
of the Santa Ana speckled dace sets the
stage for the species’ overall capacity to
withstand environmental and
demographic stochasticity and
disturbances (resiliency), catastrophic
events (redundancy), and novel changes
in its biological and physical
environment (representation).
When determining population
resiliency for the Santa Ana speckled
dace, we examined the four currently
occupied river systems as separate
populations or analysis units: San
Gabriel, Los Angeles, Santa Ana, and
San Jacinto analysis units. We used four
metrics representing habitat and
demographic needs to evaluate
resiliency at the analysis unit scale:
amount of habitat, quality of habitat,
connectivity, and population size. We
determined the overall resiliency
condition for each analysis unit by
narratively integrating two habitat needs
(habitat quality and amount of habitat)
and two demographic needs (size of
population and connectivity), with the
size of population (i.e., abundance of
individuals within a population)
accounting for relatively more of the
overall resiliency condition. We
evaluated representation by examining
available data on the breadth of genetic,
phenotypic, and ecological diversity
across the Santa Ana speckled dace’s
range from historical to current
conditions, as well as the species’
ability to disperse and colonize new
areas. We evaluated redundancy by
analyzing the number and distribution
of populations from historical to current
conditions relative to the magnitude of
anticipated catastrophic events, such as
floods and wildfires.
Resiliency
The current condition of Santa Ana
speckled dace populations varies among
65823
the four analysis units, with the San
Gabriel analysis unit retaining the most
high-quality and intact habitat across
the range, and moderate resiliency.
Relative to the other analysis units, this
unit is more connected, although
dispersal is limited among some
occurrences due to permanent barriers.
Santa Ana speckled dace populations
appear to have low but stable
abundance in this analysis unit;
however, population size of the unit is
considered moderate due to the number
and quality of occupied river miles. In
contrast, the Los Angeles analysis unit
has less habitat available with degraded
habitat quality and limited connectivity.
Overall, this system has low resiliency;
however, the Santa Ana speckled dace
appears to be consistently present in
low, though still relatively stable,
numbers. The Santa Ana analysis unit
has the most known occurrences and
most occupied river miles, and low to
moderate resiliency. Occupied
occurrences are currently disconnected
and remain largely isolated by the
overall low flows. Abundance in the
Santa Ana analysis unit is low but
considered stable. Finally, the San
Jacinto analysis unit is less impacted by
human disturbance relative to the other
analysis units, though available habitat
is limited and only one small
population is thought to remain extant,
resulting in low resiliency. Overall, the
two larger analysis units have moderate
(San Gabriel) and low to moderate
(Santa Ana) resiliency, contain the
majority of occupied areas, and are
likely to withstand stochastic events.
The other two analysis units are smaller,
have low resiliency, and are more at risk
of extirpation from stochastic events.
Table 1 shows the current condition of
habitat and demographic needs and
overall resiliency for each of the
analysis units.
TABLE 1—OVERALL CURRENT RESILIENCY CONDITIONS FOR EACH ANALYSIS UNIT
Population
Amount of
habitat
Quality of
habitat
Dispersal
Size of
population *
Los Angeles River .....
San Gabriel River ......
Santa Ana River ........
San Jacinto River ......
Low .............................
Moderate ....................
Moderate ....................
Low .............................
Low/Moderate ...........
Moderate ...................
Moderate ...................
Low/Moderate ...........
Low/Moderate ...........
Moderate ...................
Low ...........................
Low/Moderate ...........
Low ...........................
Moderate ...................
Low/Moderate ...........
Low ...........................
Resiliency *
Low.
Moderate.
Low/Moderate.
Low.
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* Resiliency is largely influenced by the size of population score, as this parameter is the most important in determining resiliency. Specifically,
the resiliency score cannot be higher than the size of population score.
Representation
Representation, or adaptive capacity,
is maximized in a species with healthy
populations distributed across the
breadth of its evolutionary lineages and
ecological niches that is capable of
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moving to new, suitable environments
or capable of altering their physical or
behavioral traits (phenotypes) to match
changing environmental conditions
through either plasticity or genetic
change (Nicotra et al. 2015, p. 1270;
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Beever et al. 2016, p. 132). By this
definition, the adaptive capacity of the
Santa Ana speckled dace from historical
to current conditions has diminished
due to the loss of historically occupied
habitats across the range and isolation of
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small remnant populations in headwater
habitats. This has reduced
representation of evolutionary lineages
in each watershed and the diversity of
occupied ecological niches (i.e., due to
population extirpations and complete
loss of lower watershed habitats).
Remnant populations are relatively
small and isolated, both within and
across the four remaining analysis units.
In spite of this, the number of miles of
occupied streams is still relatively high,
and it is unlikely that all populations
will be impacted by threats evenly or in
a significant way that would cause
widespread extirpation.
Disrupted connectivity and restriction
to headwaters means that populations
have limited capacity to colonize new
habitats or shift their distribution to
avoid or mitigate threats. Disrupted
connectivity also reduces or eliminates
gene flow, increasing the impacts of
genetic drift and inbreeding, and
reducing evolutionary potential that
could allow populations to adapt to
changing environmental conditions,
such as warming stream temperatures.
While other populations of speckled
daces have shown plasticity in feeding
behavior that facilitates responses to
fluctuating resource availability, feeding
plasticity is reduced in
anthropogenically impacted populations
(Behn and Baxter 2019, pp. 17–19) such
as the Santa Ana speckled dace.
Additionally, relative to other native
fish, other species in the Santa Ana
speckled dace complex have limited
plasticity (i.e., acclimation capacity) in
their upper thermal tolerance, reducing
tolerance for increasing water
temperatures (Carveth et al. 2006, pp.
1436–1438).
Overall, these constraints on dispersal
capacity, evolutionary potential, and
plasticity, in combination with low to
moderate resiliency of Santa Ana
speckled dace populations, point to
limited representation (adaptive
capacity) within populations and across
the species’ range.
Redundancy
As with representation, redundancy
from historical to current conditions for
the Santa Ana speckled dace has been
diminished due to permanent loss of
historically occupied habitats. In
particular, loss of the lower reaches of
the currently occupied watersheds has
eliminated access to refugial habitats
that historically protected fish from
extirpation during stochastic and
catastrophic events including fire,
drought, and debris flows. These
habitats also allowed for recolonization
of upper headwaters once conditions
improved. These habitat losses have
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placed all remaining remnant
populations at a much higher risk of
extirpation due to catastrophic and even
less severe stochastic events. This is
illustrated by fish salvage efforts (e.g., in
the San Gabriel River analysis unit) that
were needed after the 2020 Bobcat Fire
to protect populations from debris
flows; historical access to lowerelevation habitats would likely have
allowed populations to persist and
recolonize naturally (i.e., without
human intervention) in response to fire
and debris flow events.
Currently, the Santa Ana speckled
dace occupies 17 occurrences across
four analysis units. This relatively broad
distribution provides some level of
redundancy and helps ensure that
multiple populations contribute to
species viability since all occurrences
are unlikely to be impacted
simultaneously by any single
catastrophic event. Two of the analysis
units with low resiliency (Los Angeles
River and San Jacinto River) are more at
risk of stochastic and catastrophic
events, and the loss of either of these
would reduce redundancy. However,
the other two analysis units are
significantly larger and less likely to
become extirpated from stochastic or
catastrophic events. Overall,
redundancy has been reduced compared
to historical conditions. The fact that
Santa Ana speckled daces have been
able to naturally recolonize areas shortly
after a catastrophic event suggests that
there is recovery potential where risks
can be mitigated via human
intervention, which could help to
maintain redundancy in the future.
Summary of Current Condition
The Santa Ana speckled dace occurs
in the San Gabriel, San Bernardino, and
San Jacinto Mountain ranges in Los
Angeles, San Bernardino and Riverside
Counties, California. The majority of
occupied habitat is on Federal lands,
and the species occurs in 17 extant
occurrences across four analysis units.
Fish are largely restricted to the
headwaters with a low to moderate
quantity of habitat with moderate
quality habitat readily available. There
is limited connectivity within some of
the populations, particularly in the
Santa Ana River and San Jacinto River
analysis units. Populations are generally
stable currently, although smaller
populations will be less able to
withstand environmental and
demographic stochasticity in the
foreseeable future. The low to moderate
resiliency across the four extant units,
in addition to losses across the
historical range, contributes to an
overall reduced adaptive capacity for
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Santa Ana speckled dace populations,
which may limit their ability to respond
to novel changes in the environment.
However, the species as a whole is
generally resilient to periodic
disturbances, and the species is
consistently detected across the analysis
units. Small population sizes not only
increase risks from demographic and
environmental stochasticity but also
reduce the genetic and trait diversity
that supports evolutionarily adaptive
and plastic responses to change. Lack of
connectivity and limited habitat
availability also reduce the ability of
populations to disperse in response to
changing future conditions.
Overall viability of the Santa Ana
speckled dace is reduced relative to
historical conditions, however there are
currently 17 extant populations across
the range. We anticipate that while
these populations are currently
relatively stable, diminished viability
over time may result in a low to
moderate ability to sustain populations
in the wild into the future. These are the
baselines that we used when projecting
the species’ future condition.
Future Condition
To analyze future conditions, we
developed two plausible scenarios to
assess how the species’ needs, threats,
and habitat conditions may change at
both mid-century and late century. We
considered what the Santa Ana speckled
dace needs for species viability, and we
evaluated the past, current, and future
influences that are affecting habitat and
demographic needs. Habitat loss, habitat
degradation, habitat fragmentation,
increased risk of wildfire, nonnative
species, climate change, and small
population sizes are the threats
evaluated in the future scenarios, as
they are projected to influence the
viability of the Santa Ana speckled dace
into the future. None of the threats we
identified were insignificant enough to
exclude from our future condition
evaluation. We applied our future
forecasts to the concepts of resiliency,
representation, and redundancy to
describe the future viability of the Santa
Ana speckled dace.
After evaluating the current threats
described above, we determined that the
Santa Ana speckled dace will likely
continue to be impacted by all current
identified threats. Because future
changes in the global climate have the
potential to affect a number of current
threats, we developed two plausible
future scenarios based on the
recommended lower and upper bounds
for climate change emissions scenarios,
representative concentration pathway
(RCP) 4.5 and RCP 8.5 at mid-century
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(2030–2059) and late-century (2070–
2099) timepoints (Service 2023b, p. 10).
We forecast the future scenarios at two
timepoints (mid-century and late
century) because these time periods are
within the range of the available climate
change model projections that we used
to project changes in stream
temperature, stream flow, and fire, and
these model projections are considered
the best available science (Service
2023a, pp. 15–16). Table 2, below,
describes the change in parameters for
each of the scenarios compared to the
modeled baseline.
These future scenarios examine the
same threats identified above under
Current Condition, including habitat
loss, habitat degradation, habitat
fragmentation, increased risk of
wildfire, nonnative species, small
population effects, and climate change
(extreme precipitation metrics (10-year
flood events), stream flows, and stream
temperatures). For area burned, we used
the Cal-Adapt boundary selection tool to
upload AU shapefiles to aggregate
annual hectares burned in each AU
(where data were available) for each
RCP model. Current threats are
predicted to be ongoing based on
analysis including climate change
models, discussions with species
experts and land managers, and review
of reports and other literature. Impacts
from recreation and other humanrelated impacts (including maintaining
current dams that fragment the habitat)
are expected to continue in the future,
while all climate models predict the
main impacts of climate change will
continue through the century. Since
invasive species are hard to eradicate,
we predict plausible impacts from these
species will continue in the future,
although management decisions will
influence the level of impact to some
degree.
For each scenario, we describe the
threats that would occur in each
analysis unit. We examined resiliency,
representation, and redundancy under
each of these two plausible scenarios. In
this analysis, population resiliency
depends on demographic conditions
(including distribution size, population
size, and connectivity) and the overall
amount and quality of habitat that is
available. Debris flows caused by heavy
precipitation events (primarily
wintertime storms that result in flood
events), with or without the aggravating
impact of wildfire burn scars, are a
primary threat that influences resiliency
for each analysis unit.
TABLE 2—FUTURE SCENARIO COMPARISON TABLE: CHANGE IN PARAMETERS FROM MODELED BASELINE
Scenario 1: RCP4.5
Scenario 2: RCP8.5
Parameter
Fire Probability ...................
Fire: Area Burned ..............
Mean Summer Stream
Flows.
Mean Winter Stream Flows
10-year Flood Events ........
August Stream Temperatures.
Mid-century
Late century
Mid-century
Slight increase: 1–6% increase.
Current rate .......................
Stable to Slight decline .....
Slight increase: 2–9% increase.
Current rate .......................
Stable to Slight decline .....
Increase: 8–13% increase
Slight increase ..................
Stable to Slight decline .....
Significant increase: 12–
22% increase.
Slight increase.
Stable to Slight decline.
Increase: 1.4–1.7 times
higher.
Increase: 1.1–1.9 times
higher.
1 °C increase; Highest
temp 24 °C.
Increase: 1.1–1.4 times
higher.
Slight increase: 1.0–1.5
times higher.
1.5 °C increase; Highest
temp 24.5 °C.
Significant increase: 1.6–
2.2 times higher.
Increase: 1.1–2.5 times
higher.
1.4 °C increase; Highest
temp 24.4 °C.
Significant increase: 1.8–
3.2 times higher.
Significant increase: 1.2–
3.6 times higher.
3.4 °C increase; Highest
temp 26.4 °C.
Scenario 1
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Resiliency—Under Scenario 1, a lowmoderate emission scenario (RCP4.5)
was used to predict impacts from threats
related to climate change (including fire,
stream flows, winter precipitation, and
stream temperatures; see section 8.1 in
the SSA report for more detail) at midcentury and late century. In this
scenario, habitat loss, habitat
degradation (human recreation
activities, mining, roadways, and
hydrological modifications and
diversions), habitat fragmentation,
nonnative species effects, and small
population effects continue at the same
rate. Impacts from a changing climate
are already influencing Santa Ana
speckled dace habitat in all analysis
units and are projected to increase in
the future under RCP4.5, albeit less than
under RCP8.5. Based on the climate
change projections, impacts from fire
(area burned and fire frequency) and
precipitation (primarily heavy winter
precipitation and 10-year flood events)
are predicted to vary based on the
analysis unit, but in general the
probability of fire and the magnitude of
10-year flood events will increase.
Within the Santa Ana River analysis
unit, resiliency is projected to slightly
increase to moderate by mid-century in
both emission scenarios due to a very
slight increase (1% increase by midcentury and no change by late century)
in fire risk, and the potentially
beneficial impacts of higher flows in the
absence of fire. As described above,
Late century
modeled changes in wintertime base
flows and the magnitude of 10-year
flood events are proxies for changes in
extreme precipitation/wintertime
storms. Heavy precipitation events, with
or without the aggravating impact of
wildfire burn scars, have an outsized
influence over future debris flows,
which are widely acknowledged to
lower resiliency of dace by reducing
population size and degrading habitat.
Resiliency is projected to be similar to
current conditions at mid-century but is
projected to decrease by late century.
The future condition for the four
analysis units under Scenario 1 is
shown below in tables 3 and 4 for midcentury and late century projections,
respectively.
TABLE 3—FUTURE SCENARIO 1 (RCP4.5) MID-CENTURY CONDITION TABLE
Analysis unit
Amount of habitat
Quality of habitat
Dispersal
Size of population
Los Angeles River .....
San Gabriel River ......
Santa Anta River .......
Low ............................
Moderate ...................
Moderate ...................
Low/Moderate ...........
Low/Moderate ...........
Moderate ...................
Low/Moderate ...........
Moderate ...................
Low/Moderate ...........
Low ............................
Low/Moderate ...........
Moderate ...................
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I
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Resiliency
Low.
Low/Moderate.
Moderate.
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TABLE 3—FUTURE SCENARIO 1 (RCP4.5) MID-CENTURY CONDITION TABLE—Continued
Analysis unit
Amount of habitat
Quality of habitat
Dispersal
Size of population
San Jacinto River ......
Low ............................
Low/Moderate ...........
Low/Moderate ...........
Low ............................
Resiliency
Low.
TABLE 4—FUTURE SCENARIO 1 (RCP4.5) LATE CENTURY CONDITION TABLE
Analysis unit
Amount of habitat
Quality of habitat
Dispersal
Size of population
Los Angeles River .....
San Gabriel River ......
Santa Anta River .......
San Jacinto River ......
Low ............................
Moderate ...................
Moderate ...................
Low ............................
Low ............................
Low ............................
Moderate ...................
Low/Moderate ...........
Low/Moderate ...........
Moderate ...................
Low/Moderate ...........
Low/Moderate ...........
Low ............................
Low ............................
Moderate ...................
Low ............................
Representation—In this scenario,
adaptive capacity is further reduced
from historical levels with impacts to
the four analysis units that represent the
last remnants of the species’ historical
range (the headwaters of four river
systems). The San Gabriel River analysis
unit is projected to become more
degraded by the increased risk of fire
and high rainfall events, reducing
dispersal capacity and evolutionary
potential within the current stronghold
analysis unit. The Santa Ana River
analysis unit has the best chance of
maintaining current habitat and
population sizes as there is less risk of
fire. The least resilient analysis units,
the San Jacinto River and Los Angeles
River, are likely to remain small due to
increased fire risk. In summary, ongoing
reductions in habitat quantity, habitat
quality, connectivity, and population
sizes will continue degrading
representation rangewide, contributing
to reduced ability to adapt to changing
conditions in the future under this
scenario.
Redundancy—In this scenario, all
four analysis units are projected to
remain extant, although reduced
resiliency and representation at late
century put dace populations at higher
risk of extirpation from catastrophic
events. Although the distribution is
projected to remain spread over four
river systems, dace generally occur in
the upper tributaries where there is a
limited capacity to recover from high
consequence events, such as fires,
droughts, and debris flows. Two of the
analysis units with low resiliency are
more at risk of stochastic and
catastrophic events, and the loss of
either of these would reduce
redundancy. The remaining two
analysis units are significantly larger
and less likely to become extirpated
from stochastic or catastrophic events.
The magnitude (i.e., flow levels) of 10year flood events, representing
potentially catastrophic events that
could extirpate dace occurrences, are
1.1 to 1.9 times higher than baseline 10year flood events by mid-century (see
Service 2023a, appendix D, table D–5, p.
86). In particular, Cajon Creek and the
Santa Ana River Mainstem in the Santa
Ana River analysis unit are projected to
see flooding at 1.5 and 1.9 times
baseline flood levels, respectively,
placing these occurrences at higher risk
of extirpation. By late century, reduced
emissions under RCP4.5 lower the
magnitude of 10-year flood events to
1.0–1.5 times baseline flood levels,
slightly reducing the risk of extirpation
due to debris flows caused by storms.
Overall, it is unlikely that catastrophic
events such as floods and subsequent
debris flows would extirpate all current
occurrences within an analysis unit,
though some are at higher risk than
others.
Scenario 2
Resiliency—Under Scenario 2, a high
emission scenario (RCP8.5) was used to
evaluate impacts from threats related to
increased risk of wildfire and climate
change (stream flows, winter
Resiliency
Low.
Low.
Moderate.
Low.
precipitation, and stream temperatures;
see section 8.1 of the SSA report for
more detail) at mid-century and late
century. In this scenario, habitat loss,
habitat degradation (human recreation
activities, mining, roadways, and
hydrological modifications and
diversions), habitat fragmentation,
nonnative species effects, and small
population effects continue at the same
rate. Impacts from a changing climate
are already influencing Santa Ana
speckled dace in all analysis units, and
the future impacts under RCP8.5 will
continue to increase. Climate change
projections predict increases in the
probability of fire and the magnitude of
10-year flood events. As described
above, modeled changes in wintertime
base flows and the magnitude of 10-year
flood events are proxies for changes in
extreme precipitation/wintertime
storms. Heavy precipitation events, with
or without the aggravating impact of
wildfire burn scars, have an outsized
influence over future debris flows,
which are widely acknowledged to
lower resiliency of dace by reducing
population size and degrading habitat.
Under Scenario 2, at mid-century, all
populations are projected to be at low
resiliency and are more at risk of
stochastic events; by late century, two of
the analysis units will also be at risk of
extirpation. The future conditions for
the four analysis units projected under
Scenario 2 for mid-century and late
century are shown in tables 5 and 6,
respectively.
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TABLE 5—FUTURE SCENARIO 2 (RCP8.5) MID-CENTURY CONDITION TABLE
Analysis unit
Amount of
habitat
Quality of
habitat
Los Angeles River .....
San Gabriel River ......
Santa Anta River .......
San Jacinto River ......
Low ............................
Moderate ...................
Moderate ...................
Low ............................
Low ............................
Low ............................
Low/Moderate ...........
Low ............................
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Size of
population
Dispersal
Low/Moderate
Low/Moderate
Low/Moderate
Low/Moderate
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...........
...........
...........
...........
Low
Low
Low
Low
............................
............................
............................
............................
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Resiliency
Low.
Low.
Low.
Low.
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TABLE 6—FUTURE SCENARIO 2 (RCP8.5) LATE CENTURY CONDITION TABLE
Analysis unit
Amount of
habitat
Quality of
habitat
Los Angeles River .....
San Gabriel River ......
Santa Anta River .......
San Jacinto River ......
Low ............................
Low/Moderate ...........
Low/Moderate ...........
Low ............................
Representation—In this scenario, due
to the heightened threats described in
Scenario 2 the trajectory for projected
loss of representation relative to
historical and current conditions is
more severe when compared to Scenario
1. This is driven by the potential
extirpation of two of the four AUs,
which represent the most southern and
most western populations. These
extirpations would represent complete
loss of evolutionary lineages and
occupancy of potentially unique
habitats across the species’ range. These
decreases in the species’ range would
limit recovery potential as genetic and
phenotypic diversity and the
corresponding adaptive capacity in
these AUs would be permanently lost.
Representation—In this scenario, the
extirpation of two AUs by late century
and low condition for all AUs at midcentury points to a sharp drop in
redundancy across the species’ range. In
addition to reductions in resiliency, all
AUs face elevated risks from high
magnitude 10-year flood events at both
mid and late-century, which correlates
to higher risk of debris flows. In
particular, all eight current occurrences
within the Santa Ana AU will see 10-
Low
Low
Low
Low
............................
............................
............................
............................
Dispersal
Size of
population
Low/Moderate ...........
Low ............................
Low ............................
Low/Moderate ...........
Extirpated ..................
Low ............................
Low ............................
Extirpated ..................
year flood events that are 1.4–2.5 times
baseline flood levels at mid-century,
placing the entire AU at risk from
catastrophic debris flow events from
extreme precipitation events. By late
century, the magnitude of 10-year flood
events is 1.2–3.6 times baseline flood
flows rangewide, with almost all
occurrences facing significantly higher
10-year flood levels, elevating AU-wide
extirpation risks. Combined with
reduced resiliency, these increases in
potentially catastrophic flood events
(and resulting debris flows from storms)
indicate that at least two AUs are likely
to be extirpated under Scenario 2 by
late-century.
Summary of Future Condition
Future scenarios for the Santa Ana
speckled dace point to conditions that
will further degrade the viability of the
species. Under a low to moderate
emissions climate change scenario
(Scenario 1, RCP4.5), one of the four
analysis units (Santa Ana River) will
have moderate resiliency given
stochastic environmental and
demographic disturbances through late
century. Low resiliency across the
remainder of the range will contribute to
Resiliency
Extirpated.
Low.
Low.
Extirpated.
ongoing reductions in adaptive capacity
and place populations at high risk of
extirpation from catastrophic events due
to limited capacity to respond and
recover from high consequence events,
including increased fire and debris
flows. Under a higher emissions climate
change scenario (Scenario 2, RCP8.5),
two analysis units are projected to be
extirpated by late century, with the
remaining two units in low condition.
All units will face elevated risks of
extirpation from high-magnitude flood
events. Losses of redundancy and
representation rangewide, including the
extirpation of two analysis units, will
dramatically reduce overall species
viability. Overall, future species
resiliency is projected to be low,
representation will become limited, and
reduced redundancy will place the
species at high risk from catastrophic
events. Thus, the Santa Ana speckled
dace will have less capacity to sustain
populations in the wild in the future,
reducing viability and elevating
extinction risk. Table 7, below,
describes the comparison between
current condition and future condition
for the species.
TABLE 7—CURRENT AND FUTURE CONDITION CATEGORY COMPARISON TABLE
Analysis unit
Current
Mid-century
future scenario 1
Los Angeles River .....
San Gabriel River ......
Santa Anta River .......
San Jacinto River ......
Low ............................
Moderate ...................
Low/Moderate ...........
Low ............................
Low ............................
Low/Moderate ...........
Moderate ...................
Low ............................
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Determination of Santa Ana Speckled
Dace’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 an endangered species
or a threatened species. The Act defines
an ‘‘endangered species’’ as a species in
danger of extinction throughout all or a
significant portion of its range, and a
‘‘threatened species’’ as a species likely
to become an endangered species within
the foreseeable future throughout all or
a significant portion of its range. The
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Mid-century
future scenario 2
Low
Low
Low
Low
............................
............................
............................
............................
Act requires that we determine whether
a species meets the definition of 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.
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Late century
future scenario 1
Low ............................
Low ............................
Moderate ...................
Low ............................
Late century
future scenario 2
Extirpated.
Low.
Low.
Extirpated.
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 habitat
loss, habitat degradation, and habitat
fragmentation (all Factor A) are the most
substantial threats to the species’
viability. Within the foreseeable future,
we anticipate that heavier debris flows
pose the greatest future threat to the
Santa Ana speckled dace’s viability.
Increased debris flows, driven by an
increase in heavy rainfall and wildfire,
are projected to impact habitat quality
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and lead to future loss of habitat,
particularly by late century. Effects from
climate change are also projected to
increase the probability of fire and affect
habitat quality by raising water
temperatures in summer and winter. We
also considered the effects of nonnative
species and the effects of small
population size for their cumulative
effects.
Given the presence of 17 populations
across the four AUs that comprise the
range of the Santa Ana speckled dace,
and their general stability in terms of
occurrence (detectability) and
reproduction, the species is able to
maintain its current resiliency.
Historical constraints on dispersal
capacity, evolutionary potential, and
plasticity have reduced representation
for the Santa Ana speckled dace.
However, despite historical losses
across the range, the species is currently
extant among 17 occurrences, occupying
76 stream miles across four river
systems. Having multiple populations
provides redundancy against large
catastrophic events, and it is unlikely
that a single event would cause
extinction across the species’ range.
When connectivity is still intact,
populations have shown the ability to
naturally recolonize areas affected by
catastrophic events, which indicates
that there is still some level of
redundancy within populations
(including the 2020 Bobcat Fire which
impacted both the West Fork San
Gabriel River and Bear Creek). Salvage
efforts are also utilized to boost
resiliency after flooding.
Santa Ana speckled dace populations
are currently stable and reproducing,
albeit at relatively low numbers. Small,
isolated populations with reduced
genetic diversity may magnify risk from
demographic and environmental
stochasticity. Lack of connectivity and
limited habitat availability also reduce
the ability of populations to shift in
space in response to environmental
change. However, the species shows
resiliency in response to periodic
disturbance, and fish are consistently
found in the river systems they occupy.
In addition, survey data indicate that in
spite of multi-decadal threats and
impacts, the species still occupies
populations across its range.
Furthermore, with four analysis units
that have low to moderate resiliency, it
is likely that the species will withstand
stochastic events under current
conditions. Given the current levels of
resiliency, representation, and
redundancy of the Santa Ana speckled
dace across its range, and the relative
stability the species maintains within
each analysis unit, we conclude that the
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species is not currently in danger of
extinction throughout all of its range.
We next considered whether the
Santa Ana speckled dace is likely to
become in danger of extinction within
the foreseeable future throughout all of
its range. In considering the foreseeable
future for the species, we analyzed
expected changes in habitat availability,
habitat degradation, habitat
fragmentation, increased risk of
wildfire, presence of nonnative species,
climate change, and small population
sizes to mid-century (2030–2059) and
late-century (2070–2099) timepoints
(Service 2023a, pp. 35–46). We
determined that these timeframes
represent periods for which we can
make reasonably reliable predictions
about both the threats to the species and
the species’ response to those threats.
Under a low to moderate emissions
climate change scenario (Scenario 1,
RCP4.5), resiliency at mid-century will
be similar to current conditions,
remaining low to moderate across the
four analysis units. Representation and
redundancy will also be comparable to
current conditions. Because of similar
conditions in Scenario 1, the Santa Ana
speckled dace’s viability at mid-century
is not expected to change from its
current level. However, there is still
uncertainty about the level of impact
that debris flows and a generally
increased risk of wildfire might have on
habitat quality amid changing climate
conditions. Under a higher emissions
climate change scenario (Scenario 2,
RCP8.5), all four analysis units are
projected to have low resiliency by midcentury, putting them all at risk of
extirpation from stochastic events.
Representation is also projected to be
diminished, making it harder for the
Santa Ana speckled dace to adapt and
recover from adverse conditions.
Redundancy is also reduced from
current condition, increasing the
likelihood of extirpation. Overall, the
Santa Ana speckled dace will
experience ongoing declines due to
primary threats, and a reduced overall
capacity to sustain populations in the
wild into the future, substantially
reducing viability and elevating
extinction risk. Secondary threats, while
not influencing viability in significant
ways currently, could have more
pronounced adverse effects given
continuous declines in future condition.
Thus, after assessing the best available
information, we conclude that the Santa
Ana speckled dace is not currently in
danger of extinction but is likely to
become in danger of extinction within
the foreseeable future throughout all of
its range.
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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 within the
foreseeable future throughout all or a
significant portion of its range. The
court in Center for Biological Diversity
v. Everson, 435 F. Supp. 3d 69 (D.D.C.
2020) (Everson), vacated the provision
of the Final Policy on Interpretation of
the Phrase ‘‘Significant Portion of Its
Range’’ in the Endangered Species Act’s
Definitions of ‘‘Endangered Species’’
and ‘‘Threatened Species’’ (hereafter
‘‘Final Policy’’; 79 FR 37578, July 1,
2014) that provided if the Service
determines that a species is threatened
throughout all of its range, the Service
will not analyze whether the species is
endangered in a significant portion of its
range.
Therefore, we proceed to evaluating
whether the species is endangered 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 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.
Following the court’s holding in
Everson, we now consider whether the
species is in danger of extinction in a
significant portion of its range. In
undertaking this analysis for the Santa
Ana speckled dace, we choose to
address the status question first.
We evaluated the range of the Santa
Ana speckled dace to determine if the
species is currently in danger of
extinction in any portion of its range.
The range of a species can theoretically
be divided into portions in an infinite
number of ways. We focused our
analysis on portions of the species’
range that may meet the Act’s definition
of an endangered species. For the Santa
Ana speckled dace, we considered
whether the threats or their effects on
the species are greater in any
biologically meaningful portion of the
species’ range than in other portions
such that the species is currently in
danger of extinction in that portion. For
our analysis, we examined the following
threats: habitat loss, habitat degradation,
habitat fragmentation, increased risk of
wildfire, changing climate trends,
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nonnative species, and small population
effects.
While threats that may impact the
Santa Ana speckled dace are not
concentrated in any geographic areas
within the range, our analysis indicated
that two analysis units within the range
may be more vulnerable to extirpation
than the other two. The Los Angeles
River analysis unit is a smaller unit with
two occupied Santa Ana speckled dace
occurrences. While these occurrences
are connected, the analysis unit has
limited available habitat, degraded
habitat quality, and consistently low
abundance estimates. The amount of
available habitat within this unit, with
15 miles of occupied habitat, was rated
as low because there are less than 20
stream miles of occupied habitat that
does not require some form of
management to maintain. Habitat
quality within the analysis unit was
rated as low to moderate because some
of the essential features, including
habitat free of nonnative species,
adequate flows, appropriate water
quality, and proper substrate, are
degraded.
The San Jacinto River analysis unit is
the smallest and least surveyed of the
analysis units, occurring mostly within
Tribal lands. Occurrences within this
analysis unit are not influenced by high
levels of human impact (e.g.,
urbanization). Instead, impacts from
drought, fire, and debris flows are the
main threats affecting resiliency in this
analysis unit. Nonnative species are
present in the North and South Forks of
the San Jacinto River, which may have
contributed to the possible extirpation
of Santa Ana speckled dace from these
sites. The analysis unit has 2.8 miles of
occupied habitat, which again rates as
low because there are less than 20
stream miles of occupied habitat, with
one known occupied occurrence. Other
occurrences were reported as extant in
the recent past but are now possibly
extirpated even though these areas are
still considered suitable. Habitat quality
within the analysis unit was rated as
low to moderate because some of the
essential features, including habitat free
of nonnative species and adequate
flows, are degraded. Connectivity is
considered low to moderate because the
one extant occurrence is connected to
historically occupied habitat that could
become occupied again in the future,
making dispersal possible between these
areas. Size of population was rated as
low due to only one known extant
occurrence with flows becoming very
small during dry conditions, limiting
dace abundance within the analysis
unit.
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Because of the current condition due
to the threats described above, we
determined these portions may have a
different status than the rest of the range
and then considered whether these
portions may be significant.
Collectively, the Los Angeles River
analysis unit and the San Jacinto River
analysis unit account for 3 of 17 (17.6
percent) of occurrences, and account for
23.5 percent of occupied river miles
within the range of the Santa Ana
speckled dace. Therefore, together these
portions collectively comprise only
about 18 percent of overall Santa Ana
speckled dace occurrences and account
for less than 25 percent of total river
miles within the species’ range. The San
Jacinto River analysis unit is spatially
disjunct and may have unique genetic
alleles within the range of the species,
because of its location mostly within
Tribal lands that do not experience the
effects of human activities such as
urbanization or recreation. However,
both analysis units have relatively lower
habitat quality compared to the other
two analysis units. Thus, the Los
Angeles River analysis unit and the San
Jacinto River analysis unit do not
constitute a large geographic area
relative to the other two analysis units,
nor do we find them to be individually
or collectively significant. We found no
other biologically meaningful portions
of the Santa Ana speckled dace’s range
where the biological condition of the
species may differ from its condition
elsewhere in its range such that the
status of the species in that portion may
differ from any other portion of the
species’ range.
Therefore, no portion of the species’
range provides a basis for determining
that the species is currently in danger of
extinction in a significant portion of its
range, and we determine that the
species is likely to become in danger of
extinction within the foreseeable future
throughout all of its range. This does not
conflict with the courts’ holdings in
Desert Survivors v. U.S. Department of
the Interior, 321 F. Supp. 3d 1011,
1070–74 (N.D. Cal. 2018) and Center for
Biological Diversity v. Jewell, 248 F.
Supp. 3d 946, 959 (D. Ariz. 2017)
because, in reaching this conclusion, we
did not apply the aspects of the Final
Policy, including the definition of
‘‘significant’’ that those court decisions
held to be invalid.
Determination of Status
Our review of the best available
scientific and commercial information
indicates that the Santa Ana speckled
dace meets the Act’s definition of a
threatened species. Therefore, we
propose to list the Santa Ana speckled
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dace as a threatened species in
accordance with sections 3(20) and
4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to
species listed as endangered or
threatened species under the Act
include recognition as a listed species,
planning and implementation of
recovery actions, requirements for
Federal protection, and prohibitions
against certain practices. Recognition
through listing results in public
awareness, and conservation by Federal,
State, Tribal, and local agencies, foreign
governments, private organizations, and
individuals. The Act encourages
cooperation with the States and other
countries and calls for recovery actions
to be carried out for listed species. The
protection required by Federal agencies,
including the Service, and the
prohibitions against certain activities
are discussed, in part, below.
The primary purpose of the Act is the
conservation of endangered and
threatened species and the ecosystems
upon which they depend. The ultimate
goal of such conservation efforts is the
recovery of these listed species, so that
they no longer need the protective
measures of the Act. Section 4(f) of the
Act calls for the Service to develop and
implement recovery plans for the
conservation of endangered and
threatened species. The goal of this
process is to restore listed species to a
point where they are secure, selfsustaining, and functioning components
of their ecosystems.
The recovery planning process begins
with development of a recovery outline
made available to the public soon after
a final listing determination. The
recovery outline guides the immediate
implementation of urgent recovery
actions while a recovery plan is being
developed. Recovery teams (composed
of species experts, Federal and State
agencies, nongovernmental
organizations, and stakeholders) may be
established to develop and implement
recovery plans. The recovery planning
process involves the identification of
actions that are necessary to halt and
reverse the species’ decline by
addressing the threats to its survival and
recovery. The recovery plan identifies
recovery criteria for review of when a
species may be ready for reclassification
from endangered to threatened
(‘‘downlisting’’) or removal from
protected status (‘‘delisting’’), and
methods for monitoring recovery
progress. Recovery plans also establish
a framework for agencies to coordinate
their recovery efforts and provide
estimates of the cost of implementing
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recovery tasks. Revisions of the plan
may be done to address continuing or
new threats to the species, as new
substantive information becomes
available. The recovery outline, draft
recovery plan, final recovery plan, and
any revisions will be available on our
website as they are completed (https://
www.fws.gov/program/endangeredspecies), or from our Carlsbad Fish and
Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Implementation of recovery actions
generally requires the participation of a
broad range of partners, including other
Federal agencies, States, Tribes,
nongovernmental organizations,
businesses, and private landowners.
Examples of recovery actions include
habitat restoration (e.g., restoration of
native vegetation), research, captive
propagation and reintroduction, and
outreach and education. The recovery of
many listed species cannot be
accomplished solely on Federal lands
because their range may occur primarily
or solely on non-Federal lands. To
achieve recovery of these species
requires cooperative conservation efforts
on private, State, and Tribal lands.
If this species is listed, funding for
recovery actions will be available from
a variety of sources, including Federal
budgets, State programs, and cost-share
grants for non-Federal landowners, the
academic community, and
nongovernmental organizations. In
addition, pursuant to section 6 of the
Act, the State of California would be
eligible for Federal funds to implement
management actions that promote the
protection or recovery of the Santa Ana
speckled dace. Information on our grant
programs that are available to aid
species recovery can be found at:
https://www.fws.gov/service/financialassistance.
Although the Santa Ana speckled
dace is only proposed for listing under
the Act at this time, please let us know
if you are interested in participating in
recovery efforts for this species.
Additionally, we invite you to submit
any new information on this species
whenever it becomes available and any
information you may have for recovery
planning purposes (see FOR FURTHER
INFORMATION CONTACT).
Section 7 of the Act is titled
Interagency Cooperation and mandates
all Federal action agencies to use their
existing authorities to further the
conservation purposes of the Act and to
ensure that their actions are not likely
to jeopardize the continued existence of
listed species or adversely modify
critical habitat. Regulations
implementing section 7 are codified at
50 CFR part 402.
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Section 7(a)(2) states that each Federal
action agency shall, in consultation with
the Secretary, ensure that any action
they authorize, fund, or carry out is not
likely to jeopardize the continued
existence of a listed species or result in
the destruction or adverse modification
of designated critical habitat. Each
Federal agency shall review its action at
the earliest possible time to determine
whether it may affect listed species or
critical habitat. If a determination is
made that the action may affect listed
species or critical habitat, formal
consultation is required (50 CFR
402.14(a)), unless the Service concurs in
writing that the action is not likely to
adversely affect listed species or critical
habitat. At the end of a formal
consultation, the Service issues a
biological opinion, containing its
determination of whether the Federal
action is likely to result in jeopardy or
adverse modification.
In contrast, section 7(a)(4) of the Act
requires Federal agencies to confer with
the Service on any action which is
likely to jeopardize the continued
existence of any species proposed to be
listed under the Act or result in the
destruction or adverse modification of
critical habitat proposed to be
designated for such species. Although
the conference procedures are required
only when an action is likely to result
in jeopardy or adverse modification,
action agencies may voluntarily confer
with the Service on actions that may
affect species proposed for listing or
critical habitat proposed to be
designated. In the event that the subject
species is listed or the relevant critical
habitat is designated, a conference
opinion may be adopted as a biological
opinion and serve as compliance with
section 7(a)(2) of the Act.
Examples of discretionary actions for
the Santa Ana speckled dace that may
be subject to conference and
consultation procedures under section 7
are land management or other
landscape-altering activities on Federal
lands administered by the U.S. Forest
Service and the U.S. Army Corps of
Engineers, as well as actions on State,
Tribal, local, or private lands that
require a Federal permit (such as a
permit from the U.S. Army Corps of
Engineers under section 404 of the
Clean Water Act (33 U.S.C. 1251 et seq.)
or a permit from the Service under
section 10 of the Act) or that involve
some other Federal action (such as
funding from the Federal Highway
Administration, Federal Aviation
Administration, or the Federal
Emergency Management Agency).
Federal actions not affecting listed
species or critical habitat—and actions
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on State, Tribal, local, or private lands
that are not federally funded,
authorized, or carried out by a Federal
agency—do not require section 7
consultation. Federal agencies should
coordinate with the local Service Field
Office (see FOR FURTHER INFORMATION
CONTACT, above) with any specific
questions on section 7 consultation and
conference requirements.
II. Protective Regulations Under
Section 4(d) of the Act for the Santa
Ana Speckled Dace
Background
Section 4(d) of the Act contains two
sentences. The first sentence states that
the Secretary shall issue such
regulations as she deems necessary and
advisable to provide for the
conservation of species listed as
threatened species. Conservation is
defined in the Act to mean the use of
all methods and procedures which are
necessary to bring any endangered
species or threatened species to the
point at which the measures provided
pursuant to the Act are no longer
necessary. Additionally, the second
sentence of section 4(d) of the Act states
that the Secretary may by regulation
prohibit with respect to any threatened
species any act prohibited under section
9(a)(1), in the case of fish or wildlife, or
section 9(a)(2), in the case of plants.
With these two sentences in section
4(d), Congress delegated broad authority
to the Secretary to determine what
protections would be necessary and
advisable to provide for the
conservation of threatened species, and
even broader authority to put in place
any of the section 9 prohibitions for a
given species.
The courts have recognized the extent
of the Secretary’s discretion under this
standard to develop rules that are
appropriate for the conservation of a
species. For example, courts have
upheld, as a valid exercise of agency
authority, rules developed under section
4(d) that included limited prohibitions
against takings (see Alsea Valley
Alliance v. Lautenbacher, 2007 WL
2344927 (D. Or. 2007); Washington
Environmental Council v. National
Marine Fisheries Service, 2002 WL
511479 (W.D. Wash. 2002)). Courts have
also upheld 4(d) rules that do not
address all of the threats a species faces
(see State of Louisiana v. Verity, 853
F.2d 322 (5th Cir. 1988)). As noted in
the legislative history when the Act was
initially enacted, ‘‘once an animal is on
the threatened list, the Secretary has an
almost infinite number of options
available to [her] with regard to the
permitted activities for those species.
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[She] may, for example, permit taking,
but not importation of such species, or
[she] may choose to forbid both taking
and importation but allow the
transportation of such species’’ (H.R.
Rep. No. 412, 93rd Cong., 1st Sess.
1973).
The provisions of this species’
proposed protective regulations under
section 4(d) of the Act are one of many
tools that we would use to promote the
conservation of the Santa Ana speckled
dace. The proposed protective
regulations would apply only if and
when we make final the listing of the
Santa Ana speckled dace as a threatened
species. Nothing in 4(d) rules change in
any way the recovery planning
provisions of section 4(f) of the Act, the
consultation requirements under section
7 of the Act, or the ability of the Service
to enter into partnerships for the
management and protection of the Santa
Ana speckled dace. As mentioned
previously in Available Conservation
Measures, section 7(a)(2) of the Act
requires Federal agencies, including the
Service, to ensure that any action they
authorize, fund, or carry out is not likely
to jeopardize the continued existence of
any endangered species or threatened
species or result in the destruction or
adverse modification of designated
critical habitat of such species. In
addition, even before the listing of any
species or the designation of its critical
habitat is finalized, section 7(a)(4) of the
Act requires Federal agencies to confer
with the Service on any agency action
which is likely to jeopardize the
continued existence of any species
proposed to be listed under the Act or
result in the destruction or adverse
modification of critical habitat proposed
to be designated for such species. These
requirements are the same for a
threatened species regardless of what is
included in its 4(d) rule.
Section 7 consultation is required for
Federal actions that ‘‘may affect’’ a
listed species regardless of whether take
caused by the activity is prohibited or
excepted by a 4(d) rule (‘‘blanket rule’’
or species-specific 4(d) rule). A 4(d) rule
does not change the process and criteria
for informal or formal consultations and
does not alter the analytical process
used for biological opinions or
concurrence letters. For example, as
with an endangered species, if a Federal
agency determines that an action is ‘‘not
likely to adversely affect’’ a threatened
species, this will require the Service’s
written concurrence (50 CFR 402.13(c)).
Similarly, if a Federal agency
determinates that an action is ‘‘likely to
adversely affect’’ a threatened species,
the action will require formal
consultation with the Service and the
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formulation of a biological opinion (50
CFR 402.14(a)). Because consultation
obligations and processes are unaffected
by 4(d) rules, we may consider
developing tools to streamline future
intra-Service and inter-Agency
consultations for actions that result in
forms of take that are not prohibited by
the 4(d) rule (but that still require
consultation). These tools may include
consultation guidance, Information for
Planning and Consultation effects
determination keys, template language
for biological opinions, or programmatic
consultations.
Provisions of the Proposed 4(d) Rule for
the Santa Ana Speckled Dace
Exercising the Secretary’s authority
under section 4(d) of the Act, we have
developed a proposed rule that is
designed to address the Santa Ana
speckled dace’s conservation needs. As
discussed above under Summary of
Biological Status and Threats, we have
concluded that the Santa Ana speckled
dace is likely to become in danger of
extinction within the foreseeable future
primarily due to impacts to habitat,
wildfire, climate change, nonnative
species, and effects of small population
size. Section 4(d) requires the Secretary
to issue such regulations as she deems
necessary and advisable to provide for
the conservation of each threatened
species and authorizes the Secretary to
include among those protective
regulations any of the prohibitions that
section 9(a)(1) of the Act prescribes for
endangered species. We are not required
to make a ‘‘necessary and advisable’’
determination when we apply or do not
apply specific section 9 prohibitions to
a threatened species (In re: Polar Bear
Endangered Species Act Listing and 4(d)
Rule Litigation, 818 F. Supp. 2d 214,
228 (D.D.C. 2011) (citing Sweet Home
Chapter of Cmtys. for a Great Or. v.
Babbitt, 1 F.3d 1, 8 (D.C. Cir. 1993),
rev’d on other grounds, 515 U.S. 687
(1995))). Nevertheless, even though we
are not required to make such a
determination, we have chosen to be as
transparent as possible and explain
below why we find that, if finalized, the
protections, prohibitions, and
exceptions in this proposed rule as a
whole satisfy the requirement in section
4(d) of the Act to issue regulations
deemed necessary and advisable to
provide for the conservation of the
Santa Ana speckled dace.
The protective regulations we are
proposing for the Santa Ana speckled
dace incorporate prohibitions from
section 9(a)(1) of the Act to address the
threats to the species. The prohibitions
of section 9(a)(1) of the Act, and
implementing regulations codified at 50
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CFR 17.21, make it illegal for any person
subject to the jurisdiction of the United
States to commit, to attempt to commit,
to solicit another to commit or to cause
to be committed any of the following
acts with regard to any endangered
wildlife: (1) import into, or export from,
the United States; (2) take (which
includes harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or
collect) within the United States, within
the territorial sea of the United States,
or on the high seas; (3) possess, sell,
deliver, carry, transport, or ship, by any
means whatsoever, any such wildlife
that has been taken illegally; (4) deliver,
receive, carry, transport, or ship in
interstate or foreign commerce, by any
means whatsoever and in the course of
commercial activity; or (5) sell or offer
for sale in interstate or foreign
commerce. This proposed protective
regulation includes all of these
prohibitions because the Santa Ana
speckled dace is at risk of extinction
within the foreseeable future and
putting these prohibitions in place will
help to prevent further declines,
preserve the species’ remaining
populations, slow its rate of decline,
and decrease synergistic, negative
effects from other ongoing or future
threats.
In particular, this proposed 4(d) rule
would provide for the conservation of
the Santa Ana speckled dace by
prohibiting the following activities,
unless they fall within specific
exceptions or are otherwise authorized
or permitted: importing or exporting;
take; possession and other acts with
unlawfully taken specimens; delivering,
receiving, carrying, transporting, or
shipping in interstate or foreign
commerce in the course of commercial
activity; or selling or offering for sale in
interstate or foreign commerce.
Under the Act, ‘‘take’’ means to
harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct. Some of these provisions have
been further defined in regulations at 50
CFR 17.3. Take can result knowingly or
otherwise, by direct and indirect
impacts, intentionally or incidentally.
Regulating take would help preserve the
species’ remaining populations, slow
their rate of decline, and decrease
cumulative effects from other ongoing or
future threats. Therefore, we propose to
prohibit take of the Santa Ana speckled
dace, except for take resulting from
those actions and activities specifically
excepted by the 4(d) rule.
Exceptions to the prohibition on take
would include all the general
exceptions to the prohibition on take of
endangered wildlife, as set forth in 50
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CFR 17.21, and additional exceptions,
as described below.
Despite these prohibitions regarding
threatened species, we may under
certain circumstances issue permits to
carry out one or more otherwiseprohibited activities, including those
described above. The regulations that
govern permits for threatened wildlife
state that the Director may issue a
permit authorizing any activity
otherwise prohibited with regard to
threatened species. These include
permits issued for the following
purposes: for scientific purposes, to
enhance propagation or survival, for
economic hardship, for zoological
exhibition, for educational purposes, for
incidental taking, or for special
purposes consistent with the purposes
of the Act (50 CFR 17.32). The statute
also contains certain exemptions from
the prohibitions, which are found in
sections 9 and 10 of the Act.
In addition, to further the
conservation of the species, any
employee or agent of the Service, any
other Federal land management agency,
the National Marine Fisheries Service, a
State conservation agency, or a federally
recognized Tribe, who is designated by
their agency or Tribe for such purposes,
may, when acting in the course of their
official duties, take threatened wildlife
without a permit if such action is
necessary to: (i) Aid a sick, injured, or
orphaned specimen; or (ii) Dispose of a
dead specimen; or (iii) Salvage a dead
specimen that may be useful for
scientific study; or (iv) Remove
specimens that constitute a
demonstrable but nonimmediate threat
to human safety, provided that the
taking is done in a humane manner; the
taking may involve killing or injuring
only if it has not been reasonably
possible to eliminate such threat by live
capturing and releasing the specimen
unharmed, in an appropriate area.
We recognize the special and unique
relationship that we have with our State
natural resource agency partners in
contributing to conservation of listed
species. State agencies often possess
scientific data and valuable expertise on
the status and distribution of
endangered, threatened, and candidate
species of wildlife and plants. State
agencies, because of their authorities
and their close working relationships
with local governments and
landowners, are in a unique position to
assist us in implementing all aspects of
the Act. In this regard, section 6 of the
Act provides that we must cooperate to
the maximum extent practicable with
the States in carrying out programs
authorized by the Act. Therefore, any
qualified employee or agent of a State
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conservation agency that is a party to a
cooperative agreement with us in
accordance with section 6(c) of the Act,
who is designated by his or her agency
for such purposes, would be able to
conduct activities designed to conserve
the Santa Ana speckled dace that may
result in otherwise prohibited take
without additional authorization.
The proposed 4(d) rule would also
provide for the conservation of the
species by allowing exceptions that
incentivize conservation actions or that,
while they may have some minimal
level of take of the Santa Ana speckled
dace, are not expected to rise to the
level that would have a negative impact
(i.e., would have only de minimis
impacts) on the species’ conservation.
The proposed exceptions to the 4(d)
rule’s prohibitions include incidental
take caused by: (1) forest or wildland
management activities that are intended
to minimize negative impacts from
forest management rangewide,
including activities conducted to
maintain the minimum clearance
(defensible space) requirement from
structures to reduce wildfire risks
consistent with State fire codes or local
fire codes or ordinances; (2) habitat
restoration and enhancement activities
conducted as part of nonpermitted
Federal or State habitat restoration plans
that are for the benefit of the Santa Ana
speckled dace or its habitat; and (3)
removal of nonnative species (including
removal of invasive, nonnative plants
and aquatic predators) for the benefit of
the Santa Ana speckled dace and its
habitat. These proposed exceptions, as
discussed below, are expected to have
negligible or beneficial impacts to the
Santa Ana speckled dace and its habitat.
Proposed Species-Specific Incidental
Take Exceptions
We propose to except from the take
prohibitions in the 4(d) rule those forest
or wildland management activities that
are intended to minimize negative
impacts from forest management
rangewide. Since the listing of the Santa
Ana sucker (Catostomus santaanae; see
65 FR 19686, April 12, 2000), a cooccurring species with the Santa Ana
speckled dace, the U.S. Forest Service
has adopted additional guidance and
proposals to protect the Santa Ana
sucker, and effects of management plans
are expected to also result in beneficial
conservation effects for the Santa Ana
speckled dace. These excepted activities
would include activities specifically
conducted to maintain the defensible
space requirement from structures; are
intended to reduce wildfire risk, which
would protect Santa Ana speckled dace
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habitat; and would provide enhanced
public safety against fires.
We also propose to except from the
take prohibitions in the 4(d) rule those
habitat restoration and enhancement
activities that include, but are not
limited to, trash removal, removal of
recreational dams, restoration of
waterways from recreational mining,
and dam operations that are beneficial
to the Santa Ana speckled dace as
outlined in a Service-approved plan
(e.g., a conservation plan developed in
coordination with the Service where
take has not been covered but where
activities would lead to net conservation
benefits for the Santa Ana speckled
dace). Such measures would be
implemented to minimize impacts to
the Santa Ana speckled dace and its
habitat, and are expected to result in the
restoration and enhancement of habitat
quality features such as natural stream
flow, sediment transport, stream
morphology, and water quality within
the species’ range.
In addition, we propose to except
from the take prohibitions in the 4(d)
rule the removal of nonnative species,
including noxious weed control and
other vegetation reduction in the course
of habitat management and restoration
to benefit the Santa Ana speckled dace.
Activities may include mechanical and
chemical control, provided these
activities are conducted in a manner
consistent with Federal and applicable
State laws. Activities may also include
removal or eradication of nonnative
animal species, including, but not
limited to, catfish, bass, crayfish, and
bullfrogs. The use of electrofishing for
eradication of predators would have to
be approved by the Service prior to
being implemented.
III. Critical Habitat
Background
Critical habitat is defined in section 3
of the Act as: The specific areas within
the geographical area occupied by the
species, at the time it is listed in
accordance with the Act, on which are
found those physical or biological
features essential to the conservation of
the species and which may require
special management considerations or
protection; and specific areas outside
the geographical area occupied by the
species at the time it is listed, upon a
determination that such areas are
essential for the conservation of the
species.
Our regulations at 50 CFR 424.02
define the geographical area occupied
by the species as an area that may
generally be delineated around species’
occurrences, as determined by the
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Secretary (i.e., range). Such areas may
include those areas used throughout all
or part of the species’ life cycle, even if
not used on a regular basis (e.g.,
migratory corridors, seasonal habitats,
and habitats used periodically, but not
solely by vagrant individuals).
Conservation, as defined under
section 3 of the Act, means to use and
the use of all methods and procedures
that are necessary to bring an
endangered or threatened species to the
point at which the measures provided
pursuant to the Act are no longer
necessary. Such methods and
procedures include, but are not limited
to, all activities associated with
scientific resources management such as
research, census, law enforcement,
habitat acquisition and maintenance,
propagation, live trapping, and
transplantation, and, in the
extraordinary case where population
pressures within a given ecosystem
cannot be otherwise relieved, may
include regulated taking.
Critical habitat receives protection
under section 7 of the Act through the
requirement that each Federal action
agency ensure, in consultation with the
Service, that any action they authorize,
fund, or carry out is not likely to result
in the destruction or adverse
modification of designated critical
habitat. The designation of critical
habitat does not affect land ownership
or establish a refuge, wilderness,
reserve, preserve, or other conservation
area. Such designation also does not
allow the government or public to
access private lands. Such designation
does not require implementation of
restoration, recovery, or enhancement
measures by non-Federal landowners.
Rather, designation requires that, where
a landowner requests Federal agency
funding or authorization for an action
that may affect an area designated as
critical habitat, the Federal agency
consult with the Service under section
7(a)(2) of the Act. If the action may
affect the listed species itself (such as
for occupied critical habitat), the
Federal agency would have already been
required to consult with the Service
even absent the designation because of
the requirement to ensure that the
action is not likely to jeopardize the
continued existence of the species. Even
if the Service were to conclude after
consultation that the proposed activity
is likely to result in destruction or
adverse modification of the critical
habitat, the Federal action agency and
the landowner are not required to
abandon the proposed activity, or to
restore or recover the species; instead,
they must implement ‘‘reasonable and
prudent alternatives’’ to avoid
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destruction or adverse modification of
critical habitat.
Under the first prong of the Act’s
definition of critical habitat, areas
within the geographical area occupied
by the species at the time it was listed
are included in a critical habitat
designation if they contain physical or
biological features (1) which are
essential to the conservation of the
species and (2) which may require
special management considerations or
protection. For these areas, critical
habitat designations identify, to the
extent known using the best scientific
data available, those physical or
biological features that are essential to
the conservation of the species (such as
space, food, cover, and protected
habitat).
Under the second prong of the Act’s
definition of critical habitat, we can
designate critical habitat in areas
outside the geographical area occupied
by the species at the time it is listed,
upon a determination that such areas
are essential for the conservation of the
species.
Section 4 of the Act requires that we
designate critical habitat on the basis of
the best scientific data available.
Further, our Policy on Information
Standards Under the Endangered
Species Act (published in the Federal
Register on July 1, 1994 (59 FR 34271)),
the Information Quality Act (section 515
of the Treasury and General
Government Appropriations Act for
Fiscal Year 2001 (Pub. L. 106–554; H.R.
5658)), and our associated Information
Quality Guidelines provide criteria,
establish procedures, and provide
guidance to ensure that our decisions
are based on the best scientific data
available. They require our biologists, to
the extent consistent with the Act and
with the use of the best scientific data
available, to use primary and original
sources of information as the basis for
recommendations to designate critical
habitat.
When we are determining which areas
should be designated as critical habitat,
our primary source of information is
generally the information from the SSA
report and information developed
during the listing process for the
species. Additional information sources
may include any generalized
conservation strategy, criteria, or outline
that may have been developed for the
species; the recovery plan for the
species; articles in peer-reviewed
journals; conservation plans developed
by States and counties; scientific status
surveys and studies; biological
assessments; other unpublished
materials; or experts’ opinions or
personal knowledge.
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65833
Habitat is dynamic, and species may
move from one area to another over
time. We recognize that critical habitat
designated at a particular point in time
may not include all of the habitat areas
that we may later determine are
necessary for the recovery of the
species. For these reasons, a critical
habitat designation does not signal that
habitat outside the designated area is
unimportant or may not be needed for
recovery of the species. Areas that are
important to the conservation of the
species, both inside and outside the
critical habitat designation, will
continue to be subject to: (1)
Conservation actions implemented
under section 7(a)(1) of the Act; (2)
regulatory protections afforded by the
requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their
actions are not likely to jeopardize the
continued existence of any endangered
or threatened species; and (3) the
prohibitions set forth in the 4(d) rule.
Federally funded or permitted projects
affecting listed species outside their
designated critical habitat areas may
still result in jeopardy findings in some
cases. These protections and
conservation tools will continue to
contribute to recovery of the species.
Similarly, critical habitat designations
made on the basis of the best available
information at the time of designation
will not control the direction and
substance of future recovery plans,
habitat conservation plans, or other
species conservation planning efforts if
new information available at the time of
those planning efforts calls for a
different outcome.
Critical Habitat Determinability
Our regulations at 50 CFR 424.12(a)(2)
state that critical habitat is not
determinable when one or both of the
following situations exist:
(i) Data sufficient to perform required
analyses are lacking, or
(ii) The biological needs of the species
are not sufficiently well known to
identify any area that meets the
definition of ‘‘critical habitat.’’
We reviewed the available
information pertaining to the biological
needs of the Santa Ana speckled dace
and habitat characteristics where this
species is located. A careful assessment
of the economic impacts that may occur
due to a critical habitat designation is
still ongoing, and we are in the process
of acquiring the complex information
needed to perform that assessment.
Therefore, due to the current lack of
data sufficient to perform required
analyses, we conclude that the
designation of critical habitat for the
Santa Ana speckled dace is not
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specific protective regulations
promulgated concurrently with a
decision to list or reclassify a species as
threatened. The courts have upheld this
position (e.g., Douglas County v.
Babbitt, 48 F.3d 1495 (9th Cir. 1995)
(critical habitat); Center for Biological
Diversity v. U.S. Fish and Wildlife
Service, 2005 WL 2000928 (N.D. Cal.
Aug. 19, 2005) (concurrent 4(d) rule)).
determinable at this time. The Act
allows the Service an additional year to
publish a critical habitat designation
that is not determinable at the time of
listing (16 U.S.C. 1533(b)(6)(C)(ii)).
Required Determinations
Clarity of the Proposed Rule
We are required by E.O.s 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:
(1) Be logically organized;
(2) Use the active voice to address
readers directly;
(3) Use clear language rather than
jargon;
(4) Be divided into short sections and
sentences; and
(5) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in ADDRESSES. To
better help us revise this rulemaking,
your comments should be as specific as
possible. For example, you should tell
us the numbers 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.
Government-to-Government
Relationship With Tribes
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
Regulations adopted pursuant to
section 4(a) of the Act are exempt from
the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.) and do
not require an environmental analysis
under NEPA. We published a notice
outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244). This
includes listing, delisting, and
reclassification rules, as well as critical
habitat designations and speciesCommon
name
*
In accordance with the President’s
memorandum of April 29, 1994
(Government-to-Government Relations
with Native American Tribal
Governments; 59 FR 22951, May 4,
1994), E.O. 13175 (Consultation and
Coordination with Indian Tribal
Governments), the President’s
memorandum of November 30, 2022
(Uniform Standards for Tribal
Consultation; 87 FR 74479, December 5,
2022), and the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
federally recognized Tribes and Alaska
Native Corporations (ANCs) on a
government-to-government basis. In
accordance with Secretary’s 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 will continue to work with Tribal
entities during the development of
recovery actions for the Santa Ana
speckled dace.
Scientific
name
*
References Cited
A complete list of references cited in
this rulemaking is available on the
internet at https://www.regulations.gov
and upon request from the Carlsbad
Fish and Wildlife Office (see FOR
FURTHER INFORMATION CONTACT).
Authors
The primary authors of this proposed
rule are the staff members of the Fish
and Wildlife Service’s Species
Assessment Team and the Carlsbad Fish
and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Plants, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
Proposed Regulation Promulgation
Accordingly, FWS proposes 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; and 4201–4245, unless otherwise
noted.
2. In § 17.11, amend the table in
paragraph (h) by adding an entry for
‘‘Dace, Santa Ana speckled’’ to the List
of Endangered and Threatened Wildlife
in alphabetical order under FISHES to
read as follows:
■
§ 17.11 Endangered and threatened
wildlife.
*
Where listed
*
*
*
*
(h) * * *
*
Listing citations and
applicable rules
Status
*
*
*
*
FISHES
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*
*
Dace, Santa Ana speckled ........
*
*
Rhinichthys gabrielino ..............
*
*
3. Further amend § 17.44, as proposed
to be amended at 88 FR 88338
(December 21, 2023), by adding and
■
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*
*
Wherever found .......................
*
*
reserving paragraphs (jj) and (kk), and
adding paragraph (ll) to read as follows:
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T ...........
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*
*
[Federal Register citation
when published as a final
rule];
50 CFR 17.44(ll).4d
*
§ 17.44
*
Special rules—fishes.
*
*
*
*
(jj)–(kk) [Reserved]
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(ll) Santa Ana speckled dace
(Rhinichthys gabrielino).
(1) Prohibitions. The following
prohibitions that apply to endangered
wildlife also apply to the Santa Ana
speckled dace. Except as provided
under paragraph (ll)(2) of this section
and §§ 17.4 and 17.5, it is unlawful for
any person subject to the jurisdiction of
the United States to commit, to attempt
to commit, to solicit another to commit,
or cause to be committed, any of the
following acts in regard to this species:
(i) Import or export, as set forth at
§ 17.21(b) for endangered wildlife.
(ii) Take, as set forth at § 17.21(c)(1)
for endangered wildlife.
(iii) Possession and other acts with
unlawfully taken specimens, as set forth
at § 17.21(d)(1) for endangered wildlife.
(iv) Interstate or foreign commerce in
the course of commercial activity, as set
forth at § 17.21(e) for endangered
wildlife.
(v) Sale or offer for sale, as set forth
at § 17.21(f) for endangered wildlife.
(2) Exceptions from prohibitions. In
regard to this species, you may:
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(i) Conduct activities as authorized by
a permit under § 17.32.
(ii) Take, as set forth at § 17.21(c)(3)
and (4) for endangered wildlife.
(iii) Take, as set forth at § 17.31(b).
(iv) Possess and engage in other acts
with unlawfully taken wildlife, as set
forth at § 17.21(d)(2) for endangered
wildlife.
(v) Take incidental to an otherwise
lawful activity caused by:
(A) Forest or wildland management
activities that are intended to minimize
negative impacts from forest
management rangewide, including
activities specifically conducted to
maintain the defensible space
requirement from structures.
(B) Habitat restoration and
enhancement activities, including, but
not limited to, trash removal, removal of
recreational dams, restoration of
waterways from recreational mining,
and dam operations that are beneficial
to the Santa Ana speckled dace. Such
measures must be implemented in
accordance with a conservation plan
developed in coordination with the
Service; must minimize impacts to the
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65835
Santa Ana speckled dace and its habitat;
and should result in the restoration and
enhancement of habitat features such as
natural stream flow, sediment transport,
stream morphology, and water quality
within the species’ range.
(C) Removal of nonnative species,
including noxious weed control and
other vegetation reduction, in the course
of habitat management and restoration
to benefit the Santa Ana speckled dace.
Activities may include mechanical and
chemical control, provided these
activities are conducted in a manner
consistent with Federal and applicable
State laws. Activities may also include
removal or eradication of nonnative
animal species, including, but not
limited to, catfish, bass, crayfish, and
bullfrogs; however, the Service must
approve the use of electrofishing for
eradication of predators prior to
implementation.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024–17237 Filed 8–12–24; 8:45 am]
BILLING CODE 4333–15–P
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Proposed Rules]
[Pages 65816-65835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17237]
[[Page 65816]]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2024-0018; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BH39
Endangered and Threatened Wildlife and Plants; Threatened Species
Status With Section 4(d) Rule for the Santa Ana Speckled Dace
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list the Santa Ana speckled dace (Rhinichthys gabrielino), a fish
species native to California, as a threatened species under the
Endangered Species Act of 1973, as amended (Act). This determination
also serves as our 12-month finding on a petition to list the Santa Ana
speckled dace. After a review of the best available scientific and
commercial information, we find that listing the species is warranted.
Accordingly, we propose to list the Santa Ana speckled dace as a
threatened species with protective regulations issued under section
4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed,
it would add this species to the List of Endangered and Threatened
Wildlife and extend the Act's protections to the species. Due to the
current lack of data sufficient to perform required analyses, we
conclude that the designation of critical habitat for the species is
not determinable at this time.
DATES: We will accept comments received or postmarked on or before
October 15, 2024. 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 a
public hearing, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by September 27, 2024.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2024-0018,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R8-ES-2024-0018, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: Supporting materials, such as
the species status assessment report, are available at https://www.regulations.gov under Docket No. FWS-R8-ES-2024-0018.
FOR FURTHER INFORMATION CONTACT: Scott Sobiech, Field Supervisor,
Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2177
Salk Avenue, Carlsbad CA 92008; telephone 760-431-9440. Individuals in
the United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
Please see Docket No. FWS-R8-ES-2024-0018 on https://www.regulations.gov for a document that summarizes this proposed rule.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act (16 U.S.C. 1531 et
seq.), a species warrants listing if it meets the definition of an
endangered species (in danger of extinction throughout all or a
significant portion of its range) or a threatened species (likely to
become an endangered species within the foreseeable future throughout
all or a significant portion of its range). If we determine that a
species warrants listing, we must list the species promptly and
designate the species' critical habitat to the maximum extent prudent
and determinable. We have determined that the Santa Ana speckled dace
meets the Act's definition of a threatened species; therefore, we are
proposing to list it as such. Listing a species as an endangered or
threatened species can be completed only by issuing a rule through the
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
What this document does. We propose to list the Santa Ana speckled
dace as a threatened species with protective regulations issued under
section 4(d) of the Act.
The basis for our action. Under the Act, we may determine that a
species is an endangered or threatened species because of any of five
factors: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence. We have determined that the Santa Ana speckled
dace is threatened due to the following threats: habitat loss (due to
urban development), habitat degradation (roadways, recreational
activities, mining activities, and hydrological modifications and
diversions), habitat fragmentation, increased fire frequency and
intensity, climate change effects (e.g., warmer air temperatures, more
intense precipitation events including drought and flooding), nonnative
species (invasive aquatic species predation and competition), and small
population effects (e.g., inbreeding depression and loss of genetic
diversity).
Section 4(a)(3) of the Act requires the Secretary of the Interior
(Secretary), to the maximum extent prudent and determinable,
concurrently with listing designate critical habitat for the species.
We have not yet been able to obtain the necessary economic information
needed to develop a proposed critical habitat designation for the Santa
Ana speckled dace, although we are in the process of obtaining this
information. At this time, we find that designation of critical habitat
for the Santa Ana speckled dace is not determinable. When critical
habitat is not determinable, the Act allows the Service an additional
year to publish a critical habitat designation (16 U.S.C.
1533(b)(6)(C)(ii)).
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other governmental agencies, Native
American Tribes, the scientific community, industry, or any other
interested parties concerning this proposed rule. We particularly seek
comments concerning:
[[Page 65817]]
(1) The species' biology, range, and population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns
and the locations of any additional populations of this species;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Threats and conservation actions affecting the species,
including:
(a) Factors that may be affecting the continued existence of the
species, which may include habitat modification or destruction,
overutilization, disease, predation, the inadequacy of existing
regulatory mechanisms, or other natural or manmade factors;
(b) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species; and
(c) Existing regulations or conservation actions that may be
addressing threats to this species.
(3) Additional information concerning the historical and current
status of this species.
(4) Information to assist with applying or issuing protective
regulations under section 4(d) of the Act that may be necessary and
advisable to provide for the conservation of the Santa Ana speckled
dace. In particular, we seek information concerning the extent to which
we should include any of the section 9 prohibitions in the 4(d) rule or
whether we should consider any additional exceptions from the
prohibitions in the 4(d) rule.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination. Section 4(b)(1)(A) of
the Act directs that determinations as to whether any species is an
endangered or a threatened species must be made solely on the basis of
the best scientific and commercial data available.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the 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.
Our final determination may differ from this proposal because we
will consider all comments we receive during the comment period as well
as any information that may become available after this proposal. Based
on the new information we receive (and, if relevant, any comments on
that new information), we may conclude that the species is endangered
instead of threatened, or we may conclude that the species does not
warrant listing as either an endangered species or a threatened
species. In addition, we may change the parameters of the prohibitions
or the exceptions to those prohibitions in the protective regulations
under section 4(d) of the Act if we conclude it is appropriate in light
of comments and new information received. For example, we may expand
the prohibitions if we conclude that the protective regulation as a
whole, including those additional prohibitions, is necessary and
advisable to provide for the conservation of the species. Conversely,
we may establish additional exceptions to the prohibitions in the final
rule if we conclude that the activities would facilitate or are
compatible with the conservation and recovery of the species. In our
final rule, we will clearly explain our rationale and the basis for our
final decision, including why we made changes, if any, that differ from
this proposal.
Public Hearing
Section 4(b)(5) of the Act provides for a public hearing on this
proposal, if requested. Requests must be received by the date specified
in DATES. 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. We may hold the public hearing in person or virtually via
webinar. We will announce any public hearing on our website, in
addition to the Federal Register. The use of virtual public hearings is
consistent with our regulations at 50 CFR 424.16(c)(3).
Previous Federal Actions
On May 11, 2020, we received a petition from the Center for
Biological Diversity requesting that the Santa Ana speckled dace be
listed as an endangered or threatened species and critical habitat be
designated for this species under the Act. The petition clearly
identified itself as such and included the requisite identification
information for the petitioner, required at 50 CFR 424.14(c). On June
17, 2021, we published in the Federal Register (86 FR 32241) a 90-day
finding that the petition presented substantial scientific or
commercial information indicating the petitioned action may be
warranted.
Peer Review
A species status assessment (SSA) team prepared an SSA report for
the Santa Ana speckled dace (Service 2023a, entire). The SSA team was
composed of Service biologists, in consultation with other species
experts. The SSA report represents a compilation of the best scientific
and commercial data available concerning the status of the species,
including the impacts of past, present, and future factors (both
negative and beneficial) affecting the species.
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), and our August 22,
2016, memorandum updating and clarifying the role of peer review in
listing and recovery actions under the Act, we solicited independent
scientific review of the information contained in the Santa Ana
speckled dace SSA report. We sent the SSA report to five independent
peer reviewers and received one response. Results of this structured
peer review process can be found at https://www.regulations.gov. In
preparing this proposed rule, we incorporated the results of these
reviews, as appropriate, into the SSA report, which is the foundation
for this proposed rule.
Summary of Peer Reviewer Comments
As discussed above in Peer Review, we received comments from one
peer reviewer. We reviewed all comments for substantive issues and new
information regarding the material contained in the
[[Page 65818]]
SSA report. The reviewer generally provided additional references,
clarifications, and suggestions for the SSA report. We updated the SSA
report based on the information we received and worked with researchers
to update the current and future condition analyses. The substantive
peer reviewer comment is addressed in the following summary, and the
information provided was incorporated into the SSA report as
appropriate (Service 2023a, entire).
Comment 1: The reviewer commented on debris flows and provided
clarifying language when describing the cause, stating debris flows are
caused by intense rainfall, not by existing surface water already
flowing in a channel. The reviewer also clarified how fire increases
the magnitude of debris flows, indirectly impacting dace. They also
noted that while debris flows are more common in the winter, summertime
debris flows have been documented in the Santa Ana Mountains.
Our Response: We clarified language in the SSA report to reflect
more accurately the cause of debris flows and the indirect impact fire
has on daces with regard to debris flows. Flooding events are not
necessarily the cause of debris flows. Instead, intense precipitation
events cause debris flows that may also result in flooding. Language in
the SSA report was also revised to reflect the possibility of debris
flows occurring outside of winter when larger rainfall events are
expected. We recognize that while wildfires do not cause debris flows,
they increase the likelihood of a debris flow.
I. Proposed Listing Determination
Background
A thorough review of the taxonomy, life history, and ecology of the
Santa Ana speckled dace is presented in the SSA report (Service 2023a,
pp. 6-8).
The Santa Ana speckled dace is a small freshwater fish that
occupies cool headwaters of perennial streams and rivers in the
mountains north and east of Los Angeles, California. The species was
historically found throughout river systems at the bases of the San
Gabriel, San Bernardino, and San Jacinto Mountain ranges in Los
Angeles, San Bernardino, and Riverside Counties, California. For a map
of the species' range, see Docket No. FWS-R8-ES-2024-0018 on https://www.regulations.gov.
Several speckled dace species occur throughout California. At the
time of our petition finding, we stated that a formal taxonomic
description at the species rank or subspecies rank had not been
prepared and had not passed scientific peer review, either as part of
acceptance for publication or through some other equivalent review. We
therefore determined that the Santa Ana speckled dace was not listable
as a taxonomically described species. The Santa Ana speckled dace has
since been described as genetically distinguishable from other speckled
dace species (Su et al. 2022, entire, Moyle et al. (2023, entire).
Therefore, in this proposed rule we are analyzing the Santa Ana
speckled dace at the species rank.
The Santa Ana speckled dace has an olive to darkish yellow body,
with the stomach area paler in color. During the breeding season, both
males and females have orange- or red-tipped fins, with males also
having red snouts and lips. This small-scaled fish has a small
downfacing mouth and a pointed snout with a small barbel on each end of
the maxilla. A small patch of skin connects the snout to the upper lip.
The speckled dace's subterminal mouth and tooth structure are ideal for
consuming the small aquatic invertebrates most common in riffles
(hydropsychid caddisflies, baetid mayflies, and chironomid and simuliid
midges), which generally make up the bulk of the speckled dace's diet
(Moyle et al. 2015, p. 2). The speckled dace also consumes filamentous
algae (Moyle et al. 2015, p. 2).
The Santa Ana speckled dace's lifespan is coarsely correlated with
maximum size, with dace under 80 millimeters (mm) fork length (FL) (the
typical size of a Santa Ana speckled dace) living for roughly 3 years.
Dace in the upper reaches of the San Gabriel River drainage commonly
reach more than 110 mm (4.3 inches (in)) standard length (SL); in other
locations, dace this large can live up to 6 years (Moyle et al. 2015,
p. 3). Daces grow to 20 to 30 mm (0.79 to 1.2 in) SL by the end of
their first summer and grow each subsequent year by an average of 10 to
15 mm (0.4 to 0.6 in) SL. Typically females grow faster than males.
Under stressful environmental conditions, limited food, or high
population densities, growth rates can decrease. Santa Ana speckled
daces reach sexual maturity by the end of the second summer; based on
size and location, females generate between 190 and 800 eggs (Moyle et
al. 2015, p. 3). High flow events and/or rising water temperatures are
normally correlated with dace spawning, making March through May the
presumed spawning period for the Santa Ana speckled dace.
Regulatory and Analytical Framework
Regulatory Framework
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations in title 50 of the Code of Federal Regulations set forth
the procedures for determining whether a species is an endangered
species or a threatened species, issuing protective regulations for
threatened species, and designating critical habitat for endangered and
threatened species. On April 5, 2024, jointly with the National Marine
Fisheries Service, we issued a final rule that revised the regulations
in 50 CFR part 424 regarding how we add, remove, and reclassify
endangered and threatened species and what criteria we apply when
designating listed species' critical habitat (89 FR 24300). On the same
day, we published a final rule revising our protections for endangered
species and threatened species at 50 CFR 17 (89 FR 23919). These final
rules are now in effect and are incorporated into the current
regulations.
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 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
[[Page 65819]]
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.
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, which is
further described in the 2009 Memorandum Opinion on the foreseeable
future from the Department of the Interior, Office of the Solicitor (M-
37021, January 16, 2009; ``M-Opinion,'' available online at https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf).
The foreseeable future extends as far into the future as the U.S. Fish
and Wildlife Service and National Marine Fisheries Service (hereafter,
the Services) can make reasonably reliable predictions about the
threats to the species and the species' responses to those threats. We
need not identify the foreseeable future in terms of a specific period
of time. We will describe the foreseeable future on a case-by-case
basis, using the best available data and taking into account
considerations such as the species' life-history characteristics,
threat projection timeframes, and environmental variability. In other
words, the foreseeable future is the period of time over which we can
make reasonably reliable predictions. ``Reliable'' does not mean
``certain''; it means sufficient to provide a reasonable degree of
confidence in the prediction, in light of the conservation purposes of
the Act.
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 proposed for listing as an endangered
or threatened species under the Act. However, it does 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.
To assess the Santa Ana speckled dace's viability, we used the
three conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency is the ability of the species to withstand environmental and
demographic stochasticity (for example, wet or dry, warm or cold
years); redundancy is the ability of the species to withstand
catastrophic events (for example, droughts, large pollution events);
and representation is the ability of the species to adapt to both near-
term and long-term changes in its physical and biological environment
(for example, climate conditions, pathogens). In general, species
viability will increase with increases in resiliency, redundancy, and
representation (Smith et al. 2017, p. 306). 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 which we then used to inform our regulatory decision.
The following is a summary of the key results and conclusions from
the SSA report; the full SSA report can be found at Docket No. FWS-R8-
ES-2024-0018 on https://www.regulations.gov.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of the
species 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 analyze these factors
both individually and cumulatively to determine the current condition
of the species and project the future condition of the species under
both plausible future scenarios at mid- and late-century.
Species Needs
In order for the Santa Ana speckled dace to have high viability,
the species needs to maintain its representation (adaptive capacity) by
having multiple, sufficiently resilient populations (redundancy) in
different watersheds. The amount of available habitat for the Santa Ana
speckled dace is mainly driven by cold, flowing water in the streams
throughout the watersheds that the species occupies. Having reaches of
flowing water (as opposed to dry creek beds) that individuals can
occupy and use to disperse to new areas in the watershed is important
for population resiliency. The species inhabits a relatively small
area, making adequate amounts of suitable habitat important for the
resiliency of the species.
Individual needs for the Santa Ana speckled dace revolve around
having consistent clean, cool water (estimated temperatures that stay
below 28 degrees Celsius ([deg]C) (82 degrees Fahrenheit ([deg]F)) in
the summer months) with access to aquatic invertebrates as a food
source. Fertilized eggs and larvae utilize gravel substrate during
development, and, later, larvae use rocks and emergent vegetation for
cover. Adult Santa Ana speckled daces inhabit a variety of stream
habitats, with a preference for moving water. Populations need abundant
individuals within habitat patches of adequate area and quality to
maintain survival and reproduction in spite of disturbance. For the
Santa Ana speckled dace, this revolves around having adequate flows of
cold water that connect the populations within each watershed. Having
enough water in ephemeral creeks and limited fish barriers are
important to allow dace within the population to disperse
[[Page 65820]]
throughout connected habitat and not become isolated. Santa Ana
speckled dace population size varies greatly based on the annual
conditions of the habitat, and populations will rebound when conditions
are conducive to the species' needs. The amount of water is strongly
correlated with the annual fluctuation in habitat conditions, with
droughts correlated to lower dace numbers. Without enough cold water
throughout the year to maintain connectivity, populations are more
likely to become isolated and less resilient to the presence of ongoing
threats.
Connectivity allows individuals to move among reaches in a
watershed, for example, upstream and downstream without barriers
impeding movement. Connectivity allows for movement of individuals in
response to stressors such as high flow events or fire and allows for
dispersal and gene flow among Santa Ana speckled dace occurrences,
which maintains genetic diversity and increases population resiliency.
Connectivity within a watershed becomes increasingly important as
localized threats increase, forcing individuals to find more suitable
habitat to survive.
Factors Influencing Species Viability
The following discussion provides a summary of the primary factors
that affect or may affect the current and future conditions of the
Santa Ana speckled dace. For our analysis, we evaluated impacts from
the following threats to the species: (1) habitat loss (due to urban
development); (2) habitat degradation (due to recreational activities,
mining, roadways, and hydrological activities and diversions); (3)
habitat fragmentation; (4) increased risk of wildfire (probability of
fire and contributions to debris flows); (5) changing climate trends
(e.g., increased debris flows from high wintertime precipitation
events, increased temperatures, and longer, more frequent drought
periods); (6) nonnative species (increased competition and predation);
and (7) small population effects.
Habitat Loss
The lower portions of the San Gabriel, Santa Ana, and Los Angeles
rivers that were part of the Santa Ana speckled dace's historical range
no longer support the species because of habitat loss from extensive
urbanization. The middle and lower reaches of these rivers have been
channelized and impounded for flood control, and riparian corridors
have been replaced with concrete-lined canals. Water quality has also
been degraded and become unsuitable for daces due to urbanization. For
example, the lower reaches of the San Gabriel, Santa Ana, and Los
Angeles rivers have highly unsuitable levels of pH, ammonia, lead,
coliform, trash, scum algae, total dissolved solids, heavy metals,
pathogens, bacteria, and nutrients (Moyle et al. 2015, p. 8). Habitat
that is currently suitable for the Santa Ana speckled dace is
restricted to headwater habitats that are not impacted by urbanization.
Habitat Degradation
Recreational Activities--Much of the remaining habitat occupied by
the Santa Ana speckled dace is located in the Angeles and San
Bernardino National Forests, which are some of the most heavily visited
National Forests in the country. Impacts from recreation are an
increasing threat for daces, particularly in the small waterways they
inhabit. Recreational activities that directly impact daces and their
habitat include swimming, off-highway vehicle (OHV) use, dam building,
littering, camping, and recreational mining. These activities stress
and displace fish. The artificial impoundments erected to create
swimming and bathing areas impact water quality (including temperature
and sedimentation) and fragment the habitat by limiting dispersal. OHV
use directly disturbs waterways and nearby vegetation and soils, as
well as increases nonpoint sources of pollution (including trash) and
sedimentation. Based on current levels, recreational activities are a
moderate and rangewide threat to the Santa Ana speckled dace.
Mining--Suction dredging is currently banned in California,
although it was used in the past in the San Gabriel River and in the
Cajon Wash and Lytle Creek. Recreational mining for gold has increased
in these same areas in recent years with the increase in gold prices.
This activity lowers water quality, destroys sensitive habitat, and
disturbs Santa Ana speckled daces in the surrounding areas. In the San
Gabriel River watershed, gold mining activities are impacting daces in
the East Fork of the San Gabriel River and Cattle Creek. Habitat in
Fish Canyon has also been impacted by a rock quarry, although, as of
2015, the mining company was in the process of restoring habitat for
the Santa Ana speckled dace (Moyle et al. 2015, p. 8). Any mining
activities that affect the water channel can also directly kill or
injure individual fish. Overall, mining activities occur in a few areas
and appear to be less extensive than other recreational activities.
While mining is not currently considered a substantial threat,
recreational mining is currently degrading habitat quality in some
areas within the species' range, and changes in restrictions that would
increase the rangewide extent of mining activities could result in a
substantial increase in impact on the Santa Ana speckled dace in the
future.
Roadways--Roadways that run along or cross occupied Santa Ana
speckled dace habitat create a variety of impacts that degrade habitat
and impact water quality. Roads are sources of nonpoint pollution
(chemical and trash) and sediment inputs and can also constrict the
natural morphology of the waterway (straighten out a naturally braided
stream), restricting dispersal capacity for individuals. Roads can also
negatively impact or eliminate vegetation near riverbanks, degrading
water quality and overall habitat quality. Unpaved roads increase the
potential for erosion and sediment inputs, especially in mountainous
terrain, where most of the remaining Santa Ana speckled dace habitat is
found. Where roads facilitate recreational access and activities, the
associated negative effects are moderately impacting the majority of
Santa Ana speckled dace analytical units.
Hydrological Activities and Diversions--Water flow in Big Tujunga
Creek and in the West Fork of the San Gabriel River is regulated by
large permanent dams that impact habitat quality, stream flow, water
temperature, sediment transport, stream morphology, and dispersal.
Unregulated flows are available to maintain habitat for the Santa Ana
speckled dace in the East and North Forks of the San Gabriel River and
their associated tributaries. Several unregulated tributaries also flow
into Big Tujunga Creek.
Dams and regulated flows reduce the delivery of coarse substrates
(for example, cobble and gravel) to occupied downstream reaches,
reducing breeding and forage habitat. Above dams, the accumulation of
sediments converts actively flowing stream channels to still-water
marshes. Marsh habitat favors nonnative species, such as largemouth
bass (Micropterus salmoides) and other centrarchids that are predators
on Santa Ana speckled dace (USACE 2001, p. 4-28). Slow or standing
water also allows fine materials to settle out, resulting in a
substrate that does not support breeding and foraging habitat for the
Santa Ana speckled dace. In periods of extreme drought, releases from
dams have helped provide sufficient flows to move sediment to improve
habitat for the Santa Ana speckled dace downstream.
[[Page 65821]]
Levees and other methods of channelizing streams limit and often
prevent the natural meandering process of rivers, limiting them to more
linear paths. As such, levees confine available habitats to a narrower
geographical area and, under most conditions, a shorter linear length.
Additionally, during flood events, water confined within levees flows
faster, and areas that serve as refugia/sheltering habitat become
scarce. In summary, hydrological modifications--dams and stream
channelization activities--have significantly altered and degraded
Santa Ana speckled dace habitat throughout the dace's historical range,
reducing its current habitat conditions compared to its historical
habitat conditions, and represent a moderate to high threat to the
species.
Habitat Fragmentation From Hydrological Modifications
Hydrological modifications also limit or sever habitat
connectivity, which affects the dispersal of the Santa Ana speckled
dace. Such modifications include flood control dams, drop structures,
recreational dams, road crossings (for example, culverts), and levees.
Large dams, such as Cogswell Dam, severely limit connectivity between
Santa Ana speckled dace populations, only allowing limited,
unidirectional migration downstream. These and other barriers reduce
fish passage, in turn reducing gene flow and limiting or preventing
population replenishment. Drop structures also impede or prevent
upstream movement. Recreational dams, constructed out of rocks,
vegetation, or other debris to create pools for recreational waterplay,
create barriers during low-flow conditions but may be passable during
higher flow conditions. Although recreational dams are typically
destroyed by high winter flows, recreationalists subsequently rebuild
new dams. Trash and debris can also build up during high flows and
create barriers. Culverts and other road crossings may prevent access
into tributaries or limit connectivity within the main river channel.
Additionally, prolonged periods of low flows as a result of reduced
water input (such as through flood control measures, storage, or
diversion, or through drought conditions) can allow native and
nonnative vegetation to accumulate, which can sometimes serve as
barriers to fish passage (see OCWD 2012, entire). Barriers are
currently present rangewide, causing a moderately high impact on the
Santa Ana speckled dace.
Debris Flows and Increased Risk of Wildfire
Debris flows are fast-moving landslides that generally occur during
periods of intense rainfall or rapid snowmelt and usually start on
hillsides or mountains. Heavy precipitation in steep areas can cause
debris flows, which negatively impact Santa Ana speckled dace occupancy
and can extirpate small, isolated occurrences, as likely historically
occurred within Fish Canyon Creek. Currently, debris flows are a
disproportionate threat because all remaining dace habitat now occurs
in small, steep waterways due to the loss of less steep downstream
habitat to development and human activities. Debris flows can result
from an excess overland flow from intense precipitation in steep
mountain catchments with available sediment. In southern California
mountains, debris flows are driven by precipitation and occur in both
burned and unburned terrain. However, wildfires greatly increase the
likelihood of debris flows within the burned area by removing
vegetation and temporarily elevating soil hydrophobicity (Staley et al.
2017, entire), where hydrophobic layers are created in the soil profile
from the heat. When debris flows occur, they can cause significant
erosion to hillslopes and channels, resulting in large amounts of
sediment being carried downstream. This excessive sediment can fill in
pools, causing profound negative impacts on local wildlife, including
fish such as the Santa Ana speckled dace.
Wildfire has the potential to impact Santa Ana speckled dace
habitat throughout all of the occupied and unoccupied reaches of all
watersheds within the range of the species. Wildfire also eliminates
vegetation that shades the water and moderates water temperature and
may further impact water transport, sediment transport, water quality,
and flow regime. Fires followed by debris flows have the potential to
extirpate occurrences (particularly small, isolated occurrences),
especially when fire frequency increases. Burned uplands in the
watersheds affect Santa Ana speckled dace habitat by producing silt-
and-ash-laden runoff that can fill in pools and significantly increase
turbidity of rivers. Large wildfires have caused local extirpations in
isolated dace occurrences (Expert Working Group 2023, p. 23). Wildfire
will impact the Santa Ana speckled dace throughout its remaining range,
although the location, frequency, and size of these events cannot be
precisely predicted. An expected increase in wildfire frequency and
severity is currently a substantial threat to Santa Ana speckled dace
habitat. Changing climate conditions are a primary driver for this, as
described below.
Changing Climate
Climate change forecasts for the Northern Hemisphere predict warmer
air temperatures, more intense precipitation events (both drought and
flooding), and increased summer continental drying by the year 2100
(Cayan et al. 2005, p. 6). The Santa Ana speckled dace requires cooler
water, with temperatures that stay below 28 [deg]C (82 [deg]F). The
species is capable of withstanding elevated water temperatures (Moyle
et al. 2015, p. 11), but the lethal upper temperature limit is unknown.
Fish are generally more stressed at the upper extremes of their
temperature range, and although they may be able to survive, elevated
temperature is an example of a stressor that may affect them through
reduced disease resistance (Moyle et al. 2015, p. 11). Drought
negatively impacts dace by reducing connectivity within currently
occupied watersheds, further isolating dace, limiting available
habitat, and degrading remaining habitat. Currently, impacts from
climate change are considered moderate, but they are projected to
increase in the future. Although average annual precipitation is
predicted to increase, summer and fall flows are predicted be stable to
slight decreases, which will reduce connectivity within currently
occupied watersheds, further isolating dace, limiting available
habitat, and degrading remaining habitat. Increases in precipitation
from wintertime storms could have both beneficial impacts to the
streams (mitigating impacts from drought including flushing systems,
reconnecting isolated reaches). However, increases in wintertime
precipitation in southern California due to climate change would most
likely lead to more frequent intense storms that can initiate debris
flows, both in burned and unburned settings. Additionally, increasing
summer air temperatures and decreasing precipitation will likely impact
the availability of suitable cooler-water habitat during the summer and
fall months, when the Santa Ana speckled dace is already most
vulnerable to low flows and high water temperatures.
Regionally, the American Southwest has the hottest and driest
climate in the United States. The current drought in the western United
States is one of the worst in the last 1,200 years and is exacerbated
by climate warming (Williams et al. 2020, p. 317). Climate
[[Page 65822]]
warming will make droughts longer, more severe, and more widespread in
the future. Prolonged droughts can cause effects to Santa Ana speckled
dace habitat (e.g., stream flows and the frequency and severity of
wildfire) in detrimental ways.
Climate change is also predicted to increase fire probability.
Although the fire footprint is not likely to change--because most of
the area within the range of the Santa Ana speckled dace has already
burned--there is an increased probability of fires in the future.
Increases in wintertime precipitation in southern California due to
climate change would most likely lead to more frequent intense storms
that can initiate debris flows, both in burned and unburned settings.
The combination of elevated water temperatures with increased risks
from drought (in summer), increased rainfall (in winter), and fire
throughout the remaining range of the Santa Ana speckled dace suggests
a higher threat from climate change in the future.
Nonnative Species
Aquatic habitat may be modified by the presence of nonnative
vegetation in a variety of ways. For the Santa Ana speckled dace, the
giant reed (Arundo donax), an invasive, bamboo-like, perennial grass
(Poaceae), poses a host of problems that degrade remaining habitats.
Giant reed is commonly found growing along lakes, streams, and other
wetted areas, and once established it can survive long periods of
drought. Where dominant, giant reed is correlated with increased levels
of pH and ammonia and decreased levels of dissolved oxygen (Moyle et
al. 2015, p. 9). Compared to other riparian vegetation, it uses large
amounts of water to support exceptionally high growth rates (Bell 1997,
p. 104). This species is considered a primary threat to riparian
corridors, and thus Santa Ana speckled dace habitat, because of its
ease of establishment and spread and its ability to alter the hydrology
of riparian systems (CDFW 2015, p. F-11).
There are numerous nonnative fish species that are common in all
four of the river systems where Santa Ana speckled daces are found.
These species are concentrated in the reservoirs and degraded streams
within these watersheds. Brown trout (Salmo trutta), hatchery-stocked
rainbow trout (Oncorhynchus mykiss), and red shiners (Cyprinella
lutrensis) can either directly compete with or predate on dace (Moyle
et al. 2015, p. 9). The American bullfrog (Lithobates catesbeiana),
another potential predator, has also been observed in Big Tujunga
Creek, and may predate on varying life stages of the dace (Haines
Creek) (ECORP Consulting Inc. 2013, pp. 29-31). Additionally, the red
swamp crayfish (Procambarus clarkii), predates upon the Santa Ana
speckled dace, is known from Big Tujunga Creek (O'Brien 2015, entire)
and may also be more widespread. Dams and impoundments (such as
engineered flood control dams, recreational dams, drop structures, and
groundwater recharge basins) and pools created as the result of changes
in hydrology from the giant reed can improve habitat for nonnative
predators, allowing their populations to increase. Impacts from
nonnative predators are rangewide and can be severe at the population
scale. The conditions that promote exposure to predation are highly
variable across locations and over time. Therefore, the threat of
nonnatives to the Santa Ana speckled dace is considered a low to
moderate threat.
Small Population Effects
The Santa Ana speckled dace occurs mostly in small, isolated
populations throughout its range. These small, isolated populations are
vulnerable to a number of deleterious effects including: (1)
demographic fluctuation due to random variation in birth and death
rates and sex ratio; (2) environmental fluctuation in resource or
habitat availability, predation, competitive interactions, and
catastrophes; (3) reduction in cooperative interactions and subsequent
decline in fertility and survival (i.e., Allee effects); (4) inbreeding
depression reducing reproductive fitness; and (5) loss of genetic
diversity reducing the ability to evolve and cope with environmental
change (Traill et al. 2010, p. 29). In particular, small populations of
Santa Ana speckled dace are more vulnerable to extirpation during
catastrophic or stochastic events, such as flood events (that can
physically wash dace away), debris flows (which are much more likely
after fire and reduce habitat quality and population size), or
sustained drought (that can result in the loss or reduction of surface
flows and concomitant increases in water temperature). Isolation means
that any remnant populations following these events are unlikely to
benefit from demographic or genetic rescue, further elevating the risks
of inbreeding depression, loss of genetic diversity, and reductions in
evolutionary potential that can contribute to population extirpation.
These small population effects interact with other factors to pose a
low to moderate threat across the species' current range.
Cumulative and Synergistic Effects
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have
analyzed the cumulative effects of identified threats and conservation
actions on the species. To assess the current and future condition of
the species, we evaluate the effects of all the relevant 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.
Conservation Efforts and Regulatory Mechanisms
Several mechanisms provide a conservation benefit to the Federally-
listed Santa Ana sucker (Catostomus santaanae), which also provide a
benefit to Santa Ana speckled dace where the species co-occur. A native
fish facility is operated by the Riverside-Corona Resource Conservation
District that rears native fish including Santa Ana sucker and Santa
Ana speckled dace for multiple conservation efforts including research,
temporary holding, breeding for augmentations and reintroductions, and
educational purposes. The draft Upper Santa Ana River Habitat
Conservation Plan (HCP) has a conservation strategy with objectives and
actions that help benefit Santa Ana speckled dace in the Santa Ana
River AU including long term monitoring, threats analysis, removing
barriers and installing fishway passages to increase connectivity,
nonnative species control, and salvage operations to relocate
individuals after floods. The Santa Ana speckled dace is also a covered
species under the Big Tujunga Dam Low-Effect HCP where Santa Ana
speckled dace in the LA River AU benefit from multiple conservation
measures. Avoidance and minimization measures are implemented to limit
impacts on Santa Ana speckled dace and Santa Ana sucker, including the
timing of dam releases, storing and releasing supplemental water during
the dry season to improve habitat quality, habitat monitoring, dace
monitoring, and potential habitat enhancement measures. Other
regulatory mechanisms thought to have some potential to protect Santa
Ana speckled dace include: (1) California Endangered Species Act (where
the Santa Ana speckled dace co-occurs with State-
[[Page 65823]]
listed species), (2) California Environmental Quality Act, (3) National
Environmental Policy Act, (4) the Clean Water Act, (5) the Endangered
Species Act (where Santa Ana speckled dace co-occurs with other
federally-listed species), and (6) land management or conservation
measures by Federal, State, or local agencies or by private groups and
organizations. Each of these regulatory mechanisms provide some level
of support to help protect Santa Ana speckled dace throughout its
range. Several State and Federal mechanisms currently provide a
conservation benefit to the Federal- and State-listed Santa Ana sucker,
which will also provide a benefit to Santa Ana speckled dace where the
species co-occur.
Current Condition
The historical distribution of the Santa Ana speckled dace once
extended across the upland and middle reaches of the Los Angeles, San
Gabriel, Santa Ana, and San Jacinto rivers. These systems were
historically connected in the alluvial plain during flood events,
allowing for connectivity among watersheds. Additionally, these areas
provided suitable habitat as well as refuge for populations during
stochastic and catastrophic events such as fire, drought, and debris
flows. The historical viability afforded to daces by this diversity and
extent of available habitats has been lost to development and other
human impacts in the lower reaches of these watersheds. For the Santa
Ana speckled dace, the impacts of these changes from historical to
current conditions include reductions in currently available habitat,
reduced quality of remaining available habitat, minimal to no
connectivity among occupied river occurrences within and among
watersheds, and presumed small population sizes based on declining
detections over time and/or small numbers of observed fish. This
historical context for the current status of the Santa Ana speckled
dace sets the stage for the species' overall capacity to withstand
environmental and demographic stochasticity and disturbances
(resiliency), catastrophic events (redundancy), and novel changes in
its biological and physical environment (representation).
When determining population resiliency for the Santa Ana speckled
dace, we examined the four currently occupied river systems as separate
populations or analysis units: San Gabriel, Los Angeles, Santa Ana, and
San Jacinto analysis units. We used four metrics representing habitat
and demographic needs to evaluate resiliency at the analysis unit
scale: amount of habitat, quality of habitat, connectivity, and
population size. We determined the overall resiliency condition for
each analysis unit by narratively integrating two habitat needs
(habitat quality and amount of habitat) and two demographic needs (size
of population and connectivity), with the size of population (i.e.,
abundance of individuals within a population) accounting for relatively
more of the overall resiliency condition. We evaluated representation
by examining available data on the breadth of genetic, phenotypic, and
ecological diversity across the Santa Ana speckled dace's range from
historical to current conditions, as well as the species' ability to
disperse and colonize new areas. We evaluated redundancy by analyzing
the number and distribution of populations from historical to current
conditions relative to the magnitude of anticipated catastrophic
events, such as floods and wildfires.
Resiliency
The current condition of Santa Ana speckled dace populations varies
among the four analysis units, with the San Gabriel analysis unit
retaining the most high-quality and intact habitat across the range,
and moderate resiliency. Relative to the other analysis units, this
unit is more connected, although dispersal is limited among some
occurrences due to permanent barriers. Santa Ana speckled dace
populations appear to have low but stable abundance in this analysis
unit; however, population size of the unit is considered moderate due
to the number and quality of occupied river miles. In contrast, the Los
Angeles analysis unit has less habitat available with degraded habitat
quality and limited connectivity. Overall, this system has low
resiliency; however, the Santa Ana speckled dace appears to be
consistently present in low, though still relatively stable, numbers.
The Santa Ana analysis unit has the most known occurrences and most
occupied river miles, and low to moderate resiliency. Occupied
occurrences are currently disconnected and remain largely isolated by
the overall low flows. Abundance in the Santa Ana analysis unit is low
but considered stable. Finally, the San Jacinto analysis unit is less
impacted by human disturbance relative to the other analysis units,
though available habitat is limited and only one small population is
thought to remain extant, resulting in low resiliency. Overall, the two
larger analysis units have moderate (San Gabriel) and low to moderate
(Santa Ana) resiliency, contain the majority of occupied areas, and are
likely to withstand stochastic events. The other two analysis units are
smaller, have low resiliency, and are more at risk of extirpation from
stochastic events. Table 1 shows the current condition of habitat and
demographic needs and overall resiliency for each of the analysis
units.
Table 1--Overall Current Resiliency Conditions for Each Analysis Unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Population Amount of habitat Quality of habitat Dispersal Size of population * Resiliency *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River.................. Low................... Low/Moderate.......... Low/Moderate......... Low.................. Low.
San Gabriel River.................. Moderate.............. Moderate.............. Moderate............. Moderate............. Moderate.
Santa Ana River.................... Moderate.............. Moderate.............. Low.................. Low/Moderate......... Low/Moderate.
San Jacinto River.................. Low................... Low/Moderate.......... Low/Moderate......... Low.................. Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Resiliency is largely influenced by the size of population score, as this parameter is the most important in determining resiliency. Specifically, the
resiliency score cannot be higher than the size of population score.
Representation
Representation, or adaptive capacity, is maximized in a species
with healthy populations distributed across the breadth of its
evolutionary lineages and ecological niches that is capable of moving
to new, suitable environments or capable of altering their physical or
behavioral traits (phenotypes) to match changing environmental
conditions through either plasticity or genetic change (Nicotra et al.
2015, p. 1270; Beever et al. 2016, p. 132). By this definition, the
adaptive capacity of the Santa Ana speckled dace from historical to
current conditions has diminished due to the loss of historically
occupied habitats across the range and isolation of
[[Page 65824]]
small remnant populations in headwater habitats. This has reduced
representation of evolutionary lineages in each watershed and the
diversity of occupied ecological niches (i.e., due to population
extirpations and complete loss of lower watershed habitats). Remnant
populations are relatively small and isolated, both within and across
the four remaining analysis units. In spite of this, the number of
miles of occupied streams is still relatively high, and it is unlikely
that all populations will be impacted by threats evenly or in a
significant way that would cause widespread extirpation.
Disrupted connectivity and restriction to headwaters means that
populations have limited capacity to colonize new habitats or shift
their distribution to avoid or mitigate threats. Disrupted connectivity
also reduces or eliminates gene flow, increasing the impacts of genetic
drift and inbreeding, and reducing evolutionary potential that could
allow populations to adapt to changing environmental conditions, such
as warming stream temperatures.
While other populations of speckled daces have shown plasticity in
feeding behavior that facilitates responses to fluctuating resource
availability, feeding plasticity is reduced in anthropogenically
impacted populations (Behn and Baxter 2019, pp. 17-19) such as the
Santa Ana speckled dace. Additionally, relative to other native fish,
other species in the Santa Ana speckled dace complex have limited
plasticity (i.e., acclimation capacity) in their upper thermal
tolerance, reducing tolerance for increasing water temperatures
(Carveth et al. 2006, pp. 1436-1438).
Overall, these constraints on dispersal capacity, evolutionary
potential, and plasticity, in combination with low to moderate
resiliency of Santa Ana speckled dace populations, point to limited
representation (adaptive capacity) within populations and across the
species' range.
Redundancy
As with representation, redundancy from historical to current
conditions for the Santa Ana speckled dace has been diminished due to
permanent loss of historically occupied habitats. In particular, loss
of the lower reaches of the currently occupied watersheds has
eliminated access to refugial habitats that historically protected fish
from extirpation during stochastic and catastrophic events including
fire, drought, and debris flows. These habitats also allowed for
recolonization of upper headwaters once conditions improved. These
habitat losses have placed all remaining remnant populations at a much
higher risk of extirpation due to catastrophic and even less severe
stochastic events. This is illustrated by fish salvage efforts (e.g.,
in the San Gabriel River analysis unit) that were needed after the 2020
Bobcat Fire to protect populations from debris flows; historical access
to lower-elevation habitats would likely have allowed populations to
persist and recolonize naturally (i.e., without human intervention) in
response to fire and debris flow events.
Currently, the Santa Ana speckled dace occupies 17 occurrences
across four analysis units. This relatively broad distribution provides
some level of redundancy and helps ensure that multiple populations
contribute to species viability since all occurrences are unlikely to
be impacted simultaneously by any single catastrophic event. Two of the
analysis units with low resiliency (Los Angeles River and San Jacinto
River) are more at risk of stochastic and catastrophic events, and the
loss of either of these would reduce redundancy. However, the other two
analysis units are significantly larger and less likely to become
extirpated from stochastic or catastrophic events. Overall, redundancy
has been reduced compared to historical conditions. The fact that Santa
Ana speckled daces have been able to naturally recolonize areas shortly
after a catastrophic event suggests that there is recovery potential
where risks can be mitigated via human intervention, which could help
to maintain redundancy in the future.
Summary of Current Condition
The Santa Ana speckled dace occurs in the San Gabriel, San
Bernardino, and San Jacinto Mountain ranges in Los Angeles, San
Bernardino and Riverside Counties, California. The majority of occupied
habitat is on Federal lands, and the species occurs in 17 extant
occurrences across four analysis units. Fish are largely restricted to
the headwaters with a low to moderate quantity of habitat with moderate
quality habitat readily available. There is limited connectivity within
some of the populations, particularly in the Santa Ana River and San
Jacinto River analysis units. Populations are generally stable
currently, although smaller populations will be less able to withstand
environmental and demographic stochasticity in the foreseeable future.
The low to moderate resiliency across the four extant units, in
addition to losses across the historical range, contributes to an
overall reduced adaptive capacity for Santa Ana speckled dace
populations, which may limit their ability to respond to novel changes
in the environment. However, the species as a whole is generally
resilient to periodic disturbances, and the species is consistently
detected across the analysis units. Small population sizes not only
increase risks from demographic and environmental stochasticity but
also reduce the genetic and trait diversity that supports
evolutionarily adaptive and plastic responses to change. Lack of
connectivity and limited habitat availability also reduce the ability
of populations to disperse in response to changing future conditions.
Overall viability of the Santa Ana speckled dace is reduced
relative to historical conditions, however there are currently 17
extant populations across the range. We anticipate that while these
populations are currently relatively stable, diminished viability over
time may result in a low to moderate ability to sustain populations in
the wild into the future. These are the baselines that we used when
projecting the species' future condition.
Future Condition
To analyze future conditions, we developed two plausible scenarios
to assess how the species' needs, threats, and habitat conditions may
change at both mid-century and late century. We considered what the
Santa Ana speckled dace needs for species viability, and we evaluated
the past, current, and future influences that are affecting habitat and
demographic needs. Habitat loss, habitat degradation, habitat
fragmentation, increased risk of wildfire, nonnative species, climate
change, and small population sizes are the threats evaluated in the
future scenarios, as they are projected to influence the viability of
the Santa Ana speckled dace into the future. None of the threats we
identified were insignificant enough to exclude from our future
condition evaluation. We applied our future forecasts to the concepts
of resiliency, representation, and redundancy to describe the future
viability of the Santa Ana speckled dace.
After evaluating the current threats described above, we determined
that the Santa Ana speckled dace will likely continue to be impacted by
all current identified threats. Because future changes in the global
climate have the potential to affect a number of current threats, we
developed two plausible future scenarios based on the recommended lower
and upper bounds for climate change emissions scenarios, representative
concentration pathway (RCP) 4.5 and RCP 8.5 at mid-century
[[Page 65825]]
(2030-2059) and late-century (2070-2099) timepoints (Service 2023b, p.
10). We forecast the future scenarios at two timepoints (mid-century
and late century) because these time periods are within the range of
the available climate change model projections that we used to project
changes in stream temperature, stream flow, and fire, and these model
projections are considered the best available science (Service 2023a,
pp. 15-16). Table 2, below, describes the change in parameters for each
of the scenarios compared to the modeled baseline.
These future scenarios examine the same threats identified above
under Current Condition, including habitat loss, habitat degradation,
habitat fragmentation, increased risk of wildfire, nonnative species,
small population effects, and climate change (extreme precipitation
metrics (10-year flood events), stream flows, and stream temperatures).
For area burned, we used the Cal-Adapt boundary selection tool to
upload AU shapefiles to aggregate annual hectares burned in each AU
(where data were available) for each RCP model. Current threats are
predicted to be ongoing based on analysis including climate change
models, discussions with species experts and land managers, and review
of reports and other literature. Impacts from recreation and other
human-related impacts (including maintaining current dams that fragment
the habitat) are expected to continue in the future, while all climate
models predict the main impacts of climate change will continue through
the century. Since invasive species are hard to eradicate, we predict
plausible impacts from these species will continue in the future,
although management decisions will influence the level of impact to
some degree.
For each scenario, we describe the threats that would occur in each
analysis unit. We examined resiliency, representation, and redundancy
under each of these two plausible scenarios. In this analysis,
population resiliency depends on demographic conditions (including
distribution size, population size, and connectivity) and the overall
amount and quality of habitat that is available. Debris flows caused by
heavy precipitation events (primarily wintertime storms that result in
flood events), with or without the aggravating impact of wildfire burn
scars, are a primary threat that influences resiliency for each
analysis unit.
Table 2--Future Scenario Comparison Table: Change in Parameters From Modeled Baseline
----------------------------------------------------------------------------------------------------------------
Scenario 1: RCP4.5 Scenario 2: RCP8.5
Parameter -------------------------------------------------------------------------------
Mid-century Late century Mid-century Late century
----------------------------------------------------------------------------------------------------------------
Fire Probability................ Slight increase: 1- Slight increase: 2- Increase: 8-13% Significant
6% increase. 9% increase. increase. increase: 12-22%
increase.
Fire: Area Burned............... Current rate...... Current rate...... Slight increase... Slight increase.
Mean Summer Stream Flows........ Stable to Slight Stable to Slight Stable to Slight Stable to Slight
decline. decline. decline. decline.
Mean Winter Stream Flows........ Increase: 1.4-1.7 Increase: 1.1-1.4 Significant Significant
times higher. times higher. increase: 1.6-2.2 increase: 1.8-3.2
times higher. times higher.
10-year Flood Events............ Increase: 1.1-1.9 Slight increase: Increase: 1.1-2.5 Significant
times higher. 1.0-1.5 times times higher. increase: 1.2-3.6
higher. times higher.
August Stream Temperatures...... 1 [deg]C increase; 1.5 [deg]C 1.4 [deg]C 3.4 [deg]C
Highest temp 24 increase; Highest increase; Highest increase; Highest
[deg]C. temp 24.5 [deg]C. temp 24.4 [deg]C. temp 26.4 [deg]C.
----------------------------------------------------------------------------------------------------------------
Scenario 1
Resiliency--Under Scenario 1, a low-moderate emission scenario
(RCP4.5) was used to predict impacts from threats related to climate
change (including fire, stream flows, winter precipitation, and stream
temperatures; see section 8.1 in the SSA report for more detail) at
mid-century and late century. In this scenario, habitat loss, habitat
degradation (human recreation activities, mining, roadways, and
hydrological modifications and diversions), habitat fragmentation,
nonnative species effects, and small population effects continue at the
same rate. Impacts from a changing climate are already influencing
Santa Ana speckled dace habitat in all analysis units and are projected
to increase in the future under RCP4.5, albeit less than under RCP8.5.
Based on the climate change projections, impacts from fire (area burned
and fire frequency) and precipitation (primarily heavy winter
precipitation and 10-year flood events) are predicted to vary based on
the analysis unit, but in general the probability of fire and the
magnitude of 10-year flood events will increase. Within the Santa Ana
River analysis unit, resiliency is projected to slightly increase to
moderate by mid-century in both emission scenarios due to a very slight
increase (1% increase by mid-century and no change by late century) in
fire risk, and the potentially beneficial impacts of higher flows in
the absence of fire. As described above, modeled changes in wintertime
base flows and the magnitude of 10-year flood events are proxies for
changes in extreme precipitation/wintertime storms. Heavy precipitation
events, with or without the aggravating impact of wildfire burn scars,
have an outsized influence over future debris flows, which are widely
acknowledged to lower resiliency of dace by reducing population size
and degrading habitat. Resiliency is projected to be similar to current
conditions at mid-century but is projected to decrease by late century.
The future condition for the four analysis units under Scenario 1 is
shown below in tables 3 and 4 for mid-century and late century
projections, respectively.
Table 3--Future Scenario 1 (RCP4.5) Mid-Century Condition Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Analysis unit Amount of habitat Quality of habitat Dispersal Size of population Resiliency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River.................. Low................... Low/Moderate.......... Low/Moderate......... Low.................. Low.
San Gabriel River.................. Moderate.............. Low/Moderate.......... Moderate............. Low/Moderate......... Low/Moderate.
Santa Anta River................... Moderate.............. Moderate.............. Low/Moderate......... Moderate............. Moderate.
[[Page 65826]]
San Jacinto River.................. Low................... Low/Moderate.......... Low/Moderate......... Low.................. Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Future Scenario 1 (RCP4.5) Late Century Condition Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Analysis unit Amount of habitat Quality of habitat Dispersal Size of population Resiliency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River.................. Low................... Low................... Low/Moderate......... Low.................. Low.
San Gabriel River.................. Moderate.............. Low................... Moderate............. Low.................. Low.
Santa Anta River................... Moderate.............. Moderate.............. Low/Moderate......... Moderate............. Moderate.
San Jacinto River.................. Low................... Low/Moderate.......... Low/Moderate......... Low.................. Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Representation--In this scenario, adaptive capacity is further
reduced from historical levels with impacts to the four analysis units
that represent the last remnants of the species' historical range (the
headwaters of four river systems). The San Gabriel River analysis unit
is projected to become more degraded by the increased risk of fire and
high rainfall events, reducing dispersal capacity and evolutionary
potential within the current stronghold analysis unit. The Santa Ana
River analysis unit has the best chance of maintaining current habitat
and population sizes as there is less risk of fire. The least resilient
analysis units, the San Jacinto River and Los Angeles River, are likely
to remain small due to increased fire risk. In summary, ongoing
reductions in habitat quantity, habitat quality, connectivity, and
population sizes will continue degrading representation rangewide,
contributing to reduced ability to adapt to changing conditions in the
future under this scenario.
Redundancy--In this scenario, all four analysis units are projected
to remain extant, although reduced resiliency and representation at
late century put dace populations at higher risk of extirpation from
catastrophic events. Although the distribution is projected to remain
spread over four river systems, dace generally occur in the upper
tributaries where there is a limited capacity to recover from high
consequence events, such as fires, droughts, and debris flows. Two of
the analysis units with low resiliency are more at risk of stochastic
and catastrophic events, and the loss of either of these would reduce
redundancy. The remaining two analysis units are significantly larger
and less likely to become extirpated from stochastic or catastrophic
events. The magnitude (i.e., flow levels) of 10-year flood events,
representing potentially catastrophic events that could extirpate dace
occurrences, are 1.1 to 1.9 times higher than baseline 10-year flood
events by mid-century (see Service 2023a, appendix D, table D-5, p.
86). In particular, Cajon Creek and the Santa Ana River Mainstem in the
Santa Ana River analysis unit are projected to see flooding at 1.5 and
1.9 times baseline flood levels, respectively, placing these
occurrences at higher risk of extirpation. By late century, reduced
emissions under RCP4.5 lower the magnitude of 10-year flood events to
1.0-1.5 times baseline flood levels, slightly reducing the risk of
extirpation due to debris flows caused by storms. Overall, it is
unlikely that catastrophic events such as floods and subsequent debris
flows would extirpate all current occurrences within an analysis unit,
though some are at higher risk than others.
Scenario 2
Resiliency--Under Scenario 2, a high emission scenario (RCP8.5) was
used to evaluate impacts from threats related to increased risk of
wildfire and climate change (stream flows, winter precipitation, and
stream temperatures; see section 8.1 of the SSA report for more detail)
at mid-century and late century. In this scenario, habitat loss,
habitat degradation (human recreation activities, mining, roadways, and
hydrological modifications and diversions), habitat fragmentation,
nonnative species effects, and small population effects continue at the
same rate. Impacts from a changing climate are already influencing
Santa Ana speckled dace in all analysis units, and the future impacts
under RCP8.5 will continue to increase. Climate change projections
predict increases in the probability of fire and the magnitude of 10-
year flood events. As described above, modeled changes in wintertime
base flows and the magnitude of 10-year flood events are proxies for
changes in extreme precipitation/wintertime storms. Heavy precipitation
events, with or without the aggravating impact of wildfire burn scars,
have an outsized influence over future debris flows, which are widely
acknowledged to lower resiliency of dace by reducing population size
and degrading habitat. Under Scenario 2, at mid-century, all
populations are projected to be at low resiliency and are more at risk
of stochastic events; by late century, two of the analysis units will
also be at risk of extirpation. The future conditions for the four
analysis units projected under Scenario 2 for mid-century and late
century are shown in tables 5 and 6, respectively.
Table 5--Future Scenario 2 (RCP8.5) Mid-Century Condition Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Analysis unit Amount of habitat Quality of habitat Dispersal Size of population Resiliency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River.................. Low................... Low................... Low/Moderate......... Low.................. Low.
San Gabriel River.................. Moderate.............. Low................... Low/Moderate......... Low.................. Low.
Santa Anta River................... Moderate.............. Low/Moderate.......... Low/Moderate......... Low.................. Low.
San Jacinto River.................. Low................... Low................... Low/Moderate......... Low.................. Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 65827]]
Table 6--Future Scenario 2 (RCP8.5) Late Century Condition Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Analysis unit Amount of habitat Quality of habitat Dispersal Size of population Resiliency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River.................. Low................... Low................... Low/Moderate......... Extirpated........... Extirpated.
San Gabriel River.................. Low/Moderate.......... Low................... Low.................. Low.................. Low.
Santa Anta River................... Low/Moderate.......... Low................... Low.................. Low.................. Low.
San Jacinto River.................. Low................... Low................... Low/Moderate......... Extirpated........... Extirpated.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Representation--In this scenario, due to the heightened threats
described in Scenario 2 the trajectory for projected loss of
representation relative to historical and current conditions is more
severe when compared to Scenario 1. This is driven by the potential
extirpation of two of the four AUs, which represent the most southern
and most western populations. These extirpations would represent
complete loss of evolutionary lineages and occupancy of potentially
unique habitats across the species' range. These decreases in the
species' range would limit recovery potential as genetic and phenotypic
diversity and the corresponding adaptive capacity in these AUs would be
permanently lost.
Representation--In this scenario, the extirpation of two AUs by
late century and low condition for all AUs at mid-century points to a
sharp drop in redundancy across the species' range. In addition to
reductions in resiliency, all AUs face elevated risks from high
magnitude 10-year flood events at both mid and late-century, which
correlates to higher risk of debris flows. In particular, all eight
current occurrences within the Santa Ana AU will see 10-year flood
events that are 1.4-2.5 times baseline flood levels at mid-century,
placing the entire AU at risk from catastrophic debris flow events from
extreme precipitation events. By late century, the magnitude of 10-year
flood events is 1.2-3.6 times baseline flood flows rangewide, with
almost all occurrences facing significantly higher 10-year flood
levels, elevating AU-wide extirpation risks. Combined with reduced
resiliency, these increases in potentially catastrophic flood events
(and resulting debris flows from storms) indicate that at least two AUs
are likely to be extirpated under Scenario 2 by late-century.
Summary of Future Condition
Future scenarios for the Santa Ana speckled dace point to
conditions that will further degrade the viability of the species.
Under a low to moderate emissions climate change scenario (Scenario 1,
RCP4.5), one of the four analysis units (Santa Ana River) will have
moderate resiliency given stochastic environmental and demographic
disturbances through late century. Low resiliency across the remainder
of the range will contribute to ongoing reductions in adaptive capacity
and place populations at high risk of extirpation from catastrophic
events due to limited capacity to respond and recover from high
consequence events, including increased fire and debris flows. Under a
higher emissions climate change scenario (Scenario 2, RCP8.5), two
analysis units are projected to be extirpated by late century, with the
remaining two units in low condition. All units will face elevated
risks of extirpation from high-magnitude flood events. Losses of
redundancy and representation rangewide, including the extirpation of
two analysis units, will dramatically reduce overall species viability.
Overall, future species resiliency is projected to be low,
representation will become limited, and reduced redundancy will place
the species at high risk from catastrophic events. Thus, the Santa Ana
speckled dace will have less capacity to sustain populations in the
wild in the future, reducing viability and elevating extinction risk.
Table 7, below, describes the comparison between current condition and
future condition for the species.
Table 7--Current and Future Condition Category Comparison Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mid-century future Mid-century future Late century future Late century future
Analysis unit Current scenario 1 scenario 2 scenario 1 scenario 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River.................. Low................... Low................... Low.................. Low.................. Extirpated.
San Gabriel River.................. Moderate.............. Low/Moderate.......... Low.................. Low.................. Low.
Santa Anta River................... Low/Moderate.......... Moderate.............. Low.................. Moderate............. Low.
San Jacinto River.................. Low................... Low................... Low.................. Low.................. Extirpated.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Determination of Santa Ana Speckled Dace'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 an endangered species or a
threatened species. The Act defines an ``endangered species'' as a
species in danger of extinction throughout all or a significant portion
of its range, and a ``threatened species'' as a species 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 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.
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 habitat loss, habitat degradation, and habitat
fragmentation (all Factor A) are the most substantial threats to the
species' viability. Within the foreseeable future, we anticipate that
heavier debris flows pose the greatest future threat to the Santa Ana
speckled dace's viability. Increased debris flows, driven by an
increase in heavy rainfall and wildfire, are projected to impact
habitat quality
[[Page 65828]]
and lead to future loss of habitat, particularly by late century.
Effects from climate change are also projected to increase the
probability of fire and affect habitat quality by raising water
temperatures in summer and winter. We also considered the effects of
nonnative species and the effects of small population size for their
cumulative effects.
Given the presence of 17 populations across the four AUs that
comprise the range of the Santa Ana speckled dace, and their general
stability in terms of occurrence (detectability) and reproduction, the
species is able to maintain its current resiliency. Historical
constraints on dispersal capacity, evolutionary potential, and
plasticity have reduced representation for the Santa Ana speckled dace.
However, despite historical losses across the range, the species is
currently extant among 17 occurrences, occupying 76 stream miles across
four river systems. Having multiple populations provides redundancy
against large catastrophic events, and it is unlikely that a single
event would cause extinction across the species' range. When
connectivity is still intact, populations have shown the ability to
naturally recolonize areas affected by catastrophic events, which
indicates that there is still some level of redundancy within
populations (including the 2020 Bobcat Fire which impacted both the
West Fork San Gabriel River and Bear Creek). Salvage efforts are also
utilized to boost resiliency after flooding.
Santa Ana speckled dace populations are currently stable and
reproducing, albeit at relatively low numbers. Small, isolated
populations with reduced genetic diversity may magnify risk from
demographic and environmental stochasticity. Lack of connectivity and
limited habitat availability also reduce the ability of populations to
shift in space in response to environmental change. However, the
species shows resiliency in response to periodic disturbance, and fish
are consistently found in the river systems they occupy. In addition,
survey data indicate that in spite of multi-decadal threats and
impacts, the species still occupies populations across its range.
Furthermore, with four analysis units that have low to moderate
resiliency, it is likely that the species will withstand stochastic
events under current conditions. Given the current levels of
resiliency, representation, and redundancy of the Santa Ana speckled
dace across its range, and the relative stability the species maintains
within each analysis unit, we conclude that the species is not
currently in danger of extinction throughout all of its range.
We next considered whether the Santa Ana speckled dace is likely to
become in danger of extinction within the foreseeable future throughout
all of its range. In considering the foreseeable future for the
species, we analyzed expected changes in habitat availability, habitat
degradation, habitat fragmentation, increased risk of wildfire,
presence of nonnative species, climate change, and small population
sizes to mid-century (2030-2059) and late-century (2070-2099)
timepoints (Service 2023a, pp. 35-46). We determined that these
timeframes represent periods for which we can make reasonably reliable
predictions about both the threats to the species and the species'
response to those threats.
Under a low to moderate emissions climate change scenario (Scenario
1, RCP4.5), resiliency at mid-century will be similar to current
conditions, remaining low to moderate across the four analysis units.
Representation and redundancy will also be comparable to current
conditions. Because of similar conditions in Scenario 1, the Santa Ana
speckled dace's viability at mid-century is not expected to change from
its current level. However, there is still uncertainty about the level
of impact that debris flows and a generally increased risk of wildfire
might have on habitat quality amid changing climate conditions. Under a
higher emissions climate change scenario (Scenario 2, RCP8.5), all four
analysis units are projected to have low resiliency by mid-century,
putting them all at risk of extirpation from stochastic events.
Representation is also projected to be diminished, making it harder for
the Santa Ana speckled dace to adapt and recover from adverse
conditions. Redundancy is also reduced from current condition,
increasing the likelihood of extirpation. Overall, the Santa Ana
speckled dace will experience ongoing declines due to primary threats,
and a reduced overall capacity to sustain populations in the wild into
the future, substantially reducing viability and elevating extinction
risk. Secondary threats, while not influencing viability in significant
ways currently, could have more pronounced adverse effects given
continuous declines in future condition. Thus, after assessing the best
available information, we conclude that the Santa Ana speckled dace is
not currently in danger of extinction but is likely to become in danger
of extinction 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
within the foreseeable future throughout all or a significant portion
of its range. The court in Center for Biological Diversity v. Everson,
435 F. Supp. 3d 69 (D.D.C. 2020) (Everson), vacated the provision of
the Final Policy on Interpretation of the Phrase ``Significant Portion
of Its Range'' in the Endangered Species Act's Definitions of
``Endangered Species'' and ``Threatened Species'' (hereafter ``Final
Policy''; 79 FR 37578, July 1, 2014) that provided if the Service
determines that a species is threatened throughout all of its range,
the Service will not analyze whether the species is endangered in a
significant portion of its range.
Therefore, we proceed to evaluating whether the species is
endangered 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
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.
Following the court's holding in Everson, we now consider whether
the species is in danger of extinction in a significant portion of its
range. In undertaking this analysis for the Santa Ana speckled dace, we
choose to address the status question first.
We evaluated the range of the Santa Ana speckled dace to determine
if the species is currently in danger of extinction in any portion of
its range. The range of a species can theoretically be divided into
portions in an infinite number of ways. We focused our analysis on
portions of the species' range that may meet the Act's definition of an
endangered species. For the Santa Ana speckled dace, we considered
whether the threats or their effects on the species are greater in any
biologically meaningful portion of the species' range than in other
portions such that the species is currently in danger of extinction in
that portion. For our analysis, we examined the following threats:
habitat loss, habitat degradation, habitat fragmentation, increased
risk of wildfire, changing climate trends,
[[Page 65829]]
nonnative species, and small population effects.
While threats that may impact the Santa Ana speckled dace are not
concentrated in any geographic areas within the range, our analysis
indicated that two analysis units within the range may be more
vulnerable to extirpation than the other two. The Los Angeles River
analysis unit is a smaller unit with two occupied Santa Ana speckled
dace occurrences. While these occurrences are connected, the analysis
unit has limited available habitat, degraded habitat quality, and
consistently low abundance estimates. The amount of available habitat
within this unit, with 15 miles of occupied habitat, was rated as low
because there are less than 20 stream miles of occupied habitat that
does not require some form of management to maintain. Habitat quality
within the analysis unit was rated as low to moderate because some of
the essential features, including habitat free of nonnative species,
adequate flows, appropriate water quality, and proper substrate, are
degraded.
The San Jacinto River analysis unit is the smallest and least
surveyed of the analysis units, occurring mostly within Tribal lands.
Occurrences within this analysis unit are not influenced by high levels
of human impact (e.g., urbanization). Instead, impacts from drought,
fire, and debris flows are the main threats affecting resiliency in
this analysis unit. Nonnative species are present in the North and
South Forks of the San Jacinto River, which may have contributed to the
possible extirpation of Santa Ana speckled dace from these sites. The
analysis unit has 2.8 miles of occupied habitat, which again rates as
low because there are less than 20 stream miles of occupied habitat,
with one known occupied occurrence. Other occurrences were reported as
extant in the recent past but are now possibly extirpated even though
these areas are still considered suitable. Habitat quality within the
analysis unit was rated as low to moderate because some of the
essential features, including habitat free of nonnative species and
adequate flows, are degraded. Connectivity is considered low to
moderate because the one extant occurrence is connected to historically
occupied habitat that could become occupied again in the future, making
dispersal possible between these areas. Size of population was rated as
low due to only one known extant occurrence with flows becoming very
small during dry conditions, limiting dace abundance within the
analysis unit.
Because of the current condition due to the threats described
above, we determined these portions may have a different status than
the rest of the range and then considered whether these portions may be
significant. Collectively, the Los Angeles River analysis unit and the
San Jacinto River analysis unit account for 3 of 17 (17.6 percent) of
occurrences, and account for 23.5 percent of occupied river miles
within the range of the Santa Ana speckled dace. Therefore, together
these portions collectively comprise only about 18 percent of overall
Santa Ana speckled dace occurrences and account for less than 25
percent of total river miles within the species' range. The San Jacinto
River analysis unit is spatially disjunct and may have unique genetic
alleles within the range of the species, because of its location mostly
within Tribal lands that do not experience the effects of human
activities such as urbanization or recreation. However, both analysis
units have relatively lower habitat quality compared to the other two
analysis units. Thus, the Los Angeles River analysis unit and the San
Jacinto River analysis unit do not constitute a large geographic area
relative to the other two analysis units, nor do we find them to be
individually or collectively significant. We found no other
biologically meaningful portions of the Santa Ana speckled dace's range
where the biological condition of the species may differ from its
condition elsewhere in its range such that the status of the species in
that portion may differ from any other portion of the species' range.
Therefore, no portion of the species' range provides a basis for
determining that the species is currently in danger of extinction in a
significant portion of its range, and we determine that the species is
likely to become in danger of extinction within the foreseeable future
throughout all of its range. This does not conflict with the courts'
holdings in Desert Survivors v. U.S. Department of the Interior, 321 F.
Supp. 3d 1011, 1070-74 (N.D. Cal. 2018) and Center for Biological
Diversity v. Jewell, 248 F. Supp. 3d 946, 959 (D. Ariz. 2017) because,
in reaching this conclusion, we did not apply the aspects of the Final
Policy, including the definition of ``significant'' that those court
decisions held to be invalid.
Determination of Status
Our review of the best available scientific and commercial
information indicates that the Santa Ana speckled dace meets the Act's
definition of a threatened species. Therefore, we propose to list the
Santa Ana speckled dace as a threatened species in accordance with
sections 3(20) and 4(a)(1) of the Act.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition as a listed
species, planning and implementation of recovery actions, requirements
for Federal protection, and prohibitions against certain practices.
Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies, foreign
governments, private organizations, and individuals. The Act encourages
cooperation with the States and other countries and calls for recovery
actions to be carried out for listed species. The protection required
by Federal agencies, including the Service, and the prohibitions
against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Section 4(f) of the Act calls for the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The goal of this process is to restore listed
species to a point where they are secure, self-sustaining, and
functioning components of their ecosystems.
The recovery planning process begins with development of a recovery
outline made available to the public soon after a final listing
determination. The recovery outline guides the immediate implementation
of urgent recovery actions while a recovery plan is being developed.
Recovery teams (composed of species experts, Federal and State
agencies, nongovernmental organizations, and stakeholders) may be
established to develop and implement recovery plans. The recovery
planning process involves the identification of actions that are
necessary to halt and reverse the species' decline by addressing the
threats to its survival and recovery. The recovery plan identifies
recovery criteria for review of when a species may be ready for
reclassification from endangered to threatened (``downlisting'') or
removal from protected status (``delisting''), and methods for
monitoring recovery progress. Recovery plans also establish a framework
for agencies to coordinate their recovery efforts and provide estimates
of the cost of implementing
[[Page 65830]]
recovery tasks. Revisions of the plan may be done to address continuing
or new threats to the species, as new substantive information becomes
available. The recovery outline, draft recovery plan, final recovery
plan, and any revisions will be available on our website as they are
completed (https://www.fws.gov/program/endangered-species), or from our
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
If this species is listed, funding for recovery actions will be
available from a variety of sources, including Federal budgets, State
programs, and cost-share grants for non-Federal landowners, the
academic community, and nongovernmental organizations. In addition,
pursuant to section 6 of the Act, the State of California would be
eligible for Federal funds to implement management actions that promote
the protection or recovery of the Santa Ana speckled dace. Information
on our grant programs that are available to aid species recovery can be
found at: https://www.fws.gov/service/financial-assistance.
Although the Santa Ana speckled dace is only proposed for listing
under the Act at this time, please let us know if you are interested in
participating in recovery efforts for this species. Additionally, we
invite you to submit any new information on this species whenever it
becomes available and any information you may have for recovery
planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7 of the Act is titled Interagency Cooperation and mandates
all Federal action agencies to use their existing authorities to
further the conservation purposes of the Act and to ensure that their
actions are not likely to jeopardize the continued existence of listed
species or adversely modify critical habitat. Regulations implementing
section 7 are codified at 50 CFR part 402.
Section 7(a)(2) states that each Federal action agency shall, in
consultation with the Secretary, ensure that any action they authorize,
fund, or carry out is not likely to jeopardize the continued existence
of a listed species or result in the destruction or adverse
modification of designated critical habitat. Each Federal agency shall
review its action at the earliest possible time to determine whether it
may affect listed species or critical habitat. If a determination is
made that the action may affect listed species or critical habitat,
formal consultation is required (50 CFR 402.14(a)), unless the Service
concurs in writing that the action is not likely to adversely affect
listed species or critical habitat. At the end of a formal
consultation, the Service issues a biological opinion, containing its
determination of whether the Federal action is likely to result in
jeopardy or adverse modification.
In contrast, section 7(a)(4) of the Act requires Federal agencies
to confer with the Service on any action which is likely to jeopardize
the continued existence of any species proposed to be listed under the
Act or result in the destruction or adverse modification of critical
habitat proposed to be designated for such species. Although the
conference procedures are required only when an action is likely to
result in jeopardy or adverse modification, action agencies may
voluntarily confer with the Service on actions that may affect species
proposed for listing or critical habitat proposed to be designated. In
the event that the subject species is listed or the relevant critical
habitat is designated, a conference opinion may be adopted as a
biological opinion and serve as compliance with section 7(a)(2) of the
Act.
Examples of discretionary actions for the Santa Ana speckled dace
that may be subject to conference and consultation procedures under
section 7 are land management or other landscape-altering activities on
Federal lands administered by the U.S. Forest Service and the U.S. Army
Corps of Engineers, as well as actions on State, Tribal, local, or
private lands that require a Federal permit (such as a permit from the
U.S. Army Corps of Engineers under section 404 of the Clean Water Act
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10
of the Act) or that involve some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat--and actions
on State, Tribal, local, or private lands that are not federally
funded, authorized, or carried out by a Federal agency--do not require
section 7 consultation. Federal agencies should coordinate with the
local Service Field Office (see FOR FURTHER INFORMATION CONTACT, above)
with any specific questions on section 7 consultation and conference
requirements.
II. Protective Regulations Under Section 4(d) of the Act for the Santa
Ana Speckled Dace
Background
Section 4(d) of the Act contains two sentences. The first sentence
states that the Secretary shall issue such regulations as she deems
necessary and advisable to provide for the conservation of species
listed as threatened species. Conservation is defined in the Act to
mean the use of all methods and procedures which are necessary to bring
any endangered species or threatened species to the point at which the
measures provided pursuant to the Act are no longer necessary.
Additionally, the second sentence of section 4(d) of the Act states
that the Secretary may by regulation prohibit with respect to any
threatened species any act prohibited under section 9(a)(1), in the
case of fish or wildlife, or section 9(a)(2), in the case of plants.
With these two sentences in section 4(d), Congress delegated broad
authority to the Secretary to determine what protections would be
necessary and advisable to provide for the conservation of threatened
species, and even broader authority to put in place any of the section
9 prohibitions for a given species.
The courts have recognized the extent of the Secretary's discretion
under this standard to develop rules that are appropriate for the
conservation of a species. For example, courts have upheld, as a valid
exercise of agency authority, rules developed under section 4(d) that
included limited prohibitions against takings (see Alsea Valley
Alliance v. Lautenbacher, 2007 WL 2344927 (D. Or. 2007); Washington
Environmental Council v. National Marine Fisheries Service, 2002 WL
511479 (W.D. Wash. 2002)). Courts have also upheld 4(d) rules that do
not address all of the threats a species faces (see State of Louisiana
v. Verity, 853 F.2d 322 (5th Cir. 1988)). As noted in the legislative
history when the Act was initially enacted, ``once an animal is on the
threatened list, the Secretary has an almost infinite number of options
available to [her] with regard to the permitted activities for those
species.
[[Page 65831]]
[She] may, for example, permit taking, but not importation of such
species, or [she] may choose to forbid both taking and importation but
allow the transportation of such species'' (H.R. Rep. No. 412, 93rd
Cong., 1st Sess. 1973).
The provisions of this species' proposed protective regulations
under section 4(d) of the Act are one of many tools that we would use
to promote the conservation of the Santa Ana speckled dace. The
proposed protective regulations would apply only if and when we make
final the listing of the Santa Ana speckled dace as a threatened
species. Nothing in 4(d) rules change in any way the recovery planning
provisions of section 4(f) of the Act, the consultation requirements
under section 7 of the Act, or the ability of the Service to enter into
partnerships for the management and protection of the Santa Ana
speckled dace. As mentioned previously in Available Conservation
Measures, section 7(a)(2) of the Act requires Federal agencies,
including the Service, to ensure that any action they authorize, fund,
or carry out is not likely to jeopardize the continued existence of any
endangered species or threatened species or result in the destruction
or adverse modification of designated critical habitat of such species.
In addition, even before the listing of any species or the designation
of its critical habitat is finalized, section 7(a)(4) of the Act
requires Federal agencies to confer with the Service on any agency
action which is likely to jeopardize the continued existence of any
species proposed to be listed under the Act or result in the
destruction or adverse modification of critical habitat proposed to be
designated for such species. These requirements are the same for a
threatened species regardless of what is included in its 4(d) rule.
Section 7 consultation is required for Federal actions that ``may
affect'' a listed species regardless of whether take caused by the
activity is prohibited or excepted by a 4(d) rule (``blanket rule'' or
species-specific 4(d) rule). A 4(d) rule does not change the process
and criteria for informal or formal consultations and does not alter
the analytical process used for biological opinions or concurrence
letters. For example, as with an endangered species, if a Federal
agency determines that an action is ``not likely to adversely affect''
a threatened species, this will require the Service's written
concurrence (50 CFR 402.13(c)). Similarly, if a Federal agency
determinates that an action is ``likely to adversely affect'' a
threatened species, the action will require formal consultation with
the Service and the formulation of a biological opinion (50 CFR
402.14(a)). Because consultation obligations and processes are
unaffected by 4(d) rules, we may consider developing tools to
streamline future intra-Service and inter-Agency consultations for
actions that result in forms of take that are not prohibited by the
4(d) rule (but that still require consultation). These tools may
include consultation guidance, Information for Planning and
Consultation effects determination keys, template language for
biological opinions, or programmatic consultations.
Provisions of the Proposed 4(d) Rule for the Santa Ana Speckled Dace
Exercising the Secretary's authority under section 4(d) of the Act,
we have developed a proposed rule that is designed to address the Santa
Ana speckled dace's conservation needs. As discussed above under
Summary of Biological Status and Threats, we have concluded that the
Santa Ana speckled dace is likely to become in danger of extinction
within the foreseeable future primarily due to impacts to habitat,
wildfire, climate change, nonnative species, and effects of small
population size. Section 4(d) requires the Secretary to issue such
regulations as she deems necessary and advisable to provide for the
conservation of each threatened species and authorizes the Secretary to
include among those protective regulations any of the prohibitions that
section 9(a)(1) of the Act prescribes for endangered species. We are
not required to make a ``necessary and advisable'' determination when
we apply or do not apply specific section 9 prohibitions to a
threatened species (In re: Polar Bear Endangered Species Act Listing
and 4(d) Rule Litigation, 818 F. Supp. 2d 214, 228 (D.D.C. 2011)
(citing Sweet Home Chapter of Cmtys. for a Great Or. v. Babbitt, 1 F.3d
1, 8 (D.C. Cir. 1993), rev'd on other grounds, 515 U.S. 687 (1995))).
Nevertheless, even though we are not required to make such a
determination, we have chosen to be as transparent as possible and
explain below why we find that, if finalized, the protections,
prohibitions, and exceptions in this proposed rule as a whole satisfy
the requirement in section 4(d) of the Act to issue regulations deemed
necessary and advisable to provide for the conservation of the Santa
Ana speckled dace.
The protective regulations we are proposing for the Santa Ana
speckled dace incorporate prohibitions from section 9(a)(1) of the Act
to address the threats to the species. The prohibitions of section
9(a)(1) of the Act, and implementing regulations codified at 50 CFR
17.21, make it illegal for any person subject to the jurisdiction of
the United States to commit, to attempt to commit, to solicit another
to commit or to cause to be committed any of the following acts with
regard to any endangered wildlife: (1) import into, or export from, the
United States; (2) take (which includes harass, harm, pursue, hunt,
shoot, wound, kill, trap, capture, or collect) within the United
States, within the territorial sea of the United States, or on the high
seas; (3) possess, sell, deliver, carry, transport, or ship, by any
means whatsoever, any such wildlife that has been taken illegally; (4)
deliver, receive, carry, transport, or ship in interstate or foreign
commerce, by any means whatsoever and in the course of commercial
activity; or (5) sell or offer for sale in interstate or foreign
commerce. This proposed protective regulation includes all of these
prohibitions because the Santa Ana speckled dace is at risk of
extinction within the foreseeable future and putting these prohibitions
in place will help to prevent further declines, preserve the species'
remaining populations, slow its rate of decline, and decrease
synergistic, negative effects from other ongoing or future threats.
In particular, this proposed 4(d) rule would provide for the
conservation of the Santa Ana speckled dace by prohibiting the
following activities, unless they fall within specific exceptions or
are otherwise authorized or permitted: importing or exporting; take;
possession and other acts with unlawfully taken specimens; delivering,
receiving, carrying, transporting, or shipping in interstate or foreign
commerce in the course of commercial activity; or selling or offering
for sale in interstate or foreign commerce.
Under the Act, ``take'' means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. Some of these provisions have been further defined in
regulations at 50 CFR 17.3. Take can result knowingly or otherwise, by
direct and indirect impacts, intentionally or incidentally. Regulating
take would help preserve the species' remaining populations, slow their
rate of decline, and decrease cumulative effects from other ongoing or
future threats. Therefore, we propose to prohibit take of the Santa Ana
speckled dace, except for take resulting from those actions and
activities specifically excepted by the 4(d) rule.
Exceptions to the prohibition on take would include all the general
exceptions to the prohibition on take of endangered wildlife, as set
forth in 50
[[Page 65832]]
CFR 17.21, and additional exceptions, as described below.
Despite these prohibitions regarding threatened species, we may
under certain circumstances issue permits to carry out one or more
otherwise-prohibited activities, including those described above. The
regulations that govern permits for threatened wildlife state that the
Director may issue a permit authorizing any activity otherwise
prohibited with regard to threatened species. These include permits
issued for the following purposes: for scientific purposes, to enhance
propagation or survival, for economic hardship, for zoological
exhibition, for educational purposes, for incidental taking, or for
special purposes consistent with the purposes of the Act (50 CFR
17.32). The statute also contains certain exemptions from the
prohibitions, which are found in sections 9 and 10 of the Act.
In addition, to further the conservation of the species, any
employee or agent of the Service, any other Federal land management
agency, the National Marine Fisheries Service, a State conservation
agency, or a federally recognized Tribe, who is designated by their
agency or Tribe for such purposes, may, when acting in the course of
their official duties, take threatened wildlife without a permit if
such action is necessary to: (i) Aid a sick, injured, or orphaned
specimen; or (ii) Dispose of a dead specimen; or (iii) Salvage a dead
specimen that may be useful for scientific study; or (iv) Remove
specimens that constitute a demonstrable but nonimmediate threat to
human safety, provided that the taking is done in a humane manner; the
taking may involve killing or injuring only if it has not been
reasonably possible to eliminate such threat by live capturing and
releasing the specimen unharmed, in an appropriate area.
We recognize the special and unique relationship that we have with
our State natural resource agency partners in contributing to
conservation of listed species. State agencies often possess scientific
data and valuable expertise on the status and distribution of
endangered, threatened, and candidate species of wildlife and plants.
State agencies, because of their authorities and their close working
relationships with local governments and landowners, are in a unique
position to assist us in implementing all aspects of the Act. In this
regard, section 6 of the Act provides that we must cooperate to the
maximum extent practicable with the States in carrying out programs
authorized by the Act. Therefore, any qualified employee or agent of a
State conservation agency that is a party to a cooperative agreement
with us in accordance with section 6(c) of the Act, who is designated
by his or her agency for such purposes, would be able to conduct
activities designed to conserve the Santa Ana speckled dace that may
result in otherwise prohibited take without additional authorization.
The proposed 4(d) rule would also provide for the conservation of
the species by allowing exceptions that incentivize conservation
actions or that, while they may have some minimal level of take of the
Santa Ana speckled dace, are not expected to rise to the level that
would have a negative impact (i.e., would have only de minimis impacts)
on the species' conservation. The proposed exceptions to the 4(d)
rule's prohibitions include incidental take caused by: (1) forest or
wildland management activities that are intended to minimize negative
impacts from forest management rangewide, including activities
conducted to maintain the minimum clearance (defensible space)
requirement from structures to reduce wildfire risks consistent with
State fire codes or local fire codes or ordinances; (2) habitat
restoration and enhancement activities conducted as part of
nonpermitted Federal or State habitat restoration plans that are for
the benefit of the Santa Ana speckled dace or its habitat; and (3)
removal of nonnative species (including removal of invasive, nonnative
plants and aquatic predators) for the benefit of the Santa Ana speckled
dace and its habitat. These proposed exceptions, as discussed below,
are expected to have negligible or beneficial impacts to the Santa Ana
speckled dace and its habitat.
Proposed Species-Specific Incidental Take Exceptions
We propose to except from the take prohibitions in the 4(d) rule
those forest or wildland management activities that are intended to
minimize negative impacts from forest management rangewide. Since the
listing of the Santa Ana sucker (Catostomus santaanae; see 65 FR 19686,
April 12, 2000), a co-occurring species with the Santa Ana speckled
dace, the U.S. Forest Service has adopted additional guidance and
proposals to protect the Santa Ana sucker, and effects of management
plans are expected to also result in beneficial conservation effects
for the Santa Ana speckled dace. These excepted activities would
include activities specifically conducted to maintain the defensible
space requirement from structures; are intended to reduce wildfire
risk, which would protect Santa Ana speckled dace habitat; and would
provide enhanced public safety against fires.
We also propose to except from the take prohibitions in the 4(d)
rule those habitat restoration and enhancement activities that include,
but are not limited to, trash removal, removal of recreational dams,
restoration of waterways from recreational mining, and dam operations
that are beneficial to the Santa Ana speckled dace as outlined in a
Service-approved plan (e.g., a conservation plan developed in
coordination with the Service where take has not been covered but where
activities would lead to net conservation benefits for the Santa Ana
speckled dace). Such measures would be implemented to minimize impacts
to the Santa Ana speckled dace and its habitat, and are expected to
result in the restoration and enhancement of habitat quality features
such as natural stream flow, sediment transport, stream morphology, and
water quality within the species' range.
In addition, we propose to except from the take prohibitions in the
4(d) rule the removal of nonnative species, including noxious weed
control and other vegetation reduction in the course of habitat
management and restoration to benefit the Santa Ana speckled dace.
Activities may include mechanical and chemical control, provided these
activities are conducted in a manner consistent with Federal and
applicable State laws. Activities may also include removal or
eradication of nonnative animal species, including, but not limited to,
catfish, bass, crayfish, and bullfrogs. The use of electrofishing for
eradication of predators would have to be approved by the Service prior
to being implemented.
III. Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as: The
specific areas within the geographical area occupied by the species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features essential to the conservation of
the species and which may require special management considerations or
protection; and specific areas outside the geographical area occupied
by the species at the time it is listed, upon a determination that such
areas are essential for the conservation of the species.
Our regulations at 50 CFR 424.02 define the geographical area
occupied by the species as an area that may generally be delineated
around species' occurrences, as determined by the
[[Page 65833]]
Secretary (i.e., range). Such areas may include those areas used
throughout all or part of the species' life cycle, even if not used on
a regular basis (e.g., migratory corridors, seasonal habitats, and
habitats used periodically, but not solely by vagrant individuals).
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that each Federal action agency ensure, in
consultation with the Service, that any action they authorize, fund, or
carry out is not likely to result in the destruction or adverse
modification of designated critical habitat. The designation of
critical habitat does not affect land ownership or establish a refuge,
wilderness, reserve, preserve, or other conservation area. Such
designation also does not allow the government or public to access
private lands. Such designation does not require implementation of
restoration, recovery, or enhancement measures by non-Federal
landowners. Rather, designation requires that, where a landowner
requests Federal agency funding or authorization for an action that may
affect an area designated as critical habitat, the Federal agency
consult with the Service under section 7(a)(2) of the Act. If the
action may affect the listed species itself (such as for occupied
critical habitat), the Federal agency would have already been required
to consult with the Service even absent the designation because of the
requirement to ensure that the action is not likely to jeopardize the
continued existence of the species. Even if the Service were to
conclude after consultation that the proposed activity is likely to
result in destruction or adverse modification of the critical habitat,
the Federal action agency and the landowner are not required to abandon
the proposed activity, or to restore or recover the species; instead,
they must implement ``reasonable and prudent alternatives'' to avoid
destruction or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed are included in a critical habitat designation if they
contain physical or biological features (1) which are essential to the
conservation of the species and (2) which may require special
management considerations or protection. For these areas, critical
habitat designations identify, to the extent known using the best
scientific data available, those physical or biological features that
are essential to the conservation of the species (such as space, food,
cover, and protected habitat).
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information from the SSA report and information developed during the
listing process for the species. Additional information sources may
include any generalized conservation strategy, criteria, or outline
that may have been developed for the species; the recovery plan for the
species; articles in peer-reviewed journals; conservation plans
developed by States and counties; scientific status surveys and
studies; biological assessments; other unpublished materials; or
experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act; (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species; and (3) the prohibitions set forth in the 4(d) rule. Federally
funded or permitted projects affecting listed species outside their
designated critical habitat areas may still result in jeopardy findings
in some cases. These protections and conservation tools will continue
to contribute to recovery of the species. Similarly, critical habitat
designations made on the basis of the best available information at the
time of designation will not control the direction and substance of
future recovery plans, habitat conservation plans, or other species
conservation planning efforts if new information available at the time
of those planning efforts calls for a different outcome.
Critical Habitat Determinability
Our regulations at 50 CFR 424.12(a)(2) state that critical habitat
is not determinable when one or both of the following situations exist:
(i) Data sufficient to perform required analyses are lacking, or
(ii) The biological needs of the species are not sufficiently well
known to identify any area that meets the definition of ``critical
habitat.''
We reviewed the available information pertaining to the biological
needs of the Santa Ana speckled dace and habitat characteristics where
this species is located. A careful assessment of the economic impacts
that may occur due to a critical habitat designation is still ongoing,
and we are in the process of acquiring the complex information needed
to perform that assessment. Therefore, due to the current lack of data
sufficient to perform required analyses, we conclude that the
designation of critical habitat for the Santa Ana speckled dace is not
[[Page 65834]]
determinable at this time. The Act allows the Service an additional
year to publish a critical habitat designation that is not determinable
at the time of listing (16 U.S.C. 1533(b)(6)(C)(ii)).
Required Determinations
Clarity of the Proposed Rule
We are required by E.O.s 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:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise this rulemaking, your comments should be as specific as
possible. For example, you should tell us the numbers 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 (42 U.S.C. 4321 et seq.)
Regulations adopted pursuant to section 4(a) of the Act are exempt
from the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et
seq.) and do not require an environmental analysis under NEPA. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244). This includes
listing, delisting, and reclassification rules, as well as critical
habitat designations and species-specific protective regulations
promulgated concurrently with a decision to list or reclassify a
species as threatened. The courts have upheld this position (e.g.,
Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995) (critical
habitat); Center for Biological Diversity v. U.S. Fish and Wildlife
Service, 2005 WL 2000928 (N.D. Cal. Aug. 19, 2005) (concurrent 4(d)
rule)).
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, May 4, 1994), E.O. 13175 (Consultation and
Coordination with Indian Tribal Governments), the President's
memorandum of November 30, 2022 (Uniform Standards for Tribal
Consultation; 87 FR 74479, December 5, 2022), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with federally recognized
Tribes and Alaska Native Corporations (ANCs) on a government-to-
government basis. In accordance with Secretary's 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 will continue to work with Tribal entities during the
development of recovery actions for the Santa Ana speckled dace.
References Cited
A complete list of references cited in this rulemaking is available
on the internet at https://www.regulations.gov and upon request from
the Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Fish and Wildlife Service's Species Assessment Team and the
Carlsbad Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Proposed Regulation Promulgation
Accordingly, FWS proposes to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. In Sec. 17.11, amend the table in paragraph (h) by adding an entry
for ``Dace, Santa Ana speckled'' to the List of Endangered and
Threatened Wildlife in alphabetical order under FISHES to read as
follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations
Common name Scientific name Where listed Status and applicable
rules
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Dace, Santa Ana speckled......... Rhinichthys Wherever found..... T............. [Federal Register
gabrielino. citation when
published as a
final rule];
50 CFR
17.44(ll).\4d\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Further amend Sec. 17.44, as proposed to be amended at 88 FR 88338
(December 21, 2023), by adding and reserving paragraphs (jj) and (kk),
and adding paragraph (ll) to read as follows:
Sec. 17.44 Special rules--fishes.
* * * * *
(jj)-(kk) [Reserved]
[[Page 65835]]
(ll) Santa Ana speckled dace (Rhinichthys gabrielino).
(1) Prohibitions. The following prohibitions that apply to
endangered wildlife also apply to the Santa Ana speckled dace. Except
as provided under paragraph (ll)(2) of this section and Sec. Sec. 17.4
and 17.5, it is unlawful for any person subject to the jurisdiction of
the United States to commit, to attempt to commit, to solicit another
to commit, or cause to be committed, any of the following acts in
regard to this species:
(i) Import or export, as set forth at Sec. 17.21(b) for endangered
wildlife.
(ii) Take, as set forth at Sec. 17.21(c)(1) for endangered
wildlife.
(iii) Possession and other acts with unlawfully taken specimens, as
set forth at Sec. 17.21(d)(1) for endangered wildlife.
(iv) Interstate or foreign commerce in the course of commercial
activity, as set forth at Sec. 17.21(e) for endangered wildlife.
(v) Sale or offer for sale, as set forth at Sec. 17.21(f) for
endangered wildlife.
(2) Exceptions from prohibitions. In regard to this species, you
may:
(i) Conduct activities as authorized by a permit under Sec. 17.32.
(ii) Take, as set forth at Sec. 17.21(c)(3) and (4) for endangered
wildlife.
(iii) Take, as set forth at Sec. 17.31(b).
(iv) Possess and engage in other acts with unlawfully taken
wildlife, as set forth at Sec. 17.21(d)(2) for endangered wildlife.
(v) Take incidental to an otherwise lawful activity caused by:
(A) Forest or wildland management activities that are intended to
minimize negative impacts from forest management rangewide, including
activities specifically conducted to maintain the defensible space
requirement from structures.
(B) Habitat restoration and enhancement activities, including, but
not limited to, trash removal, removal of recreational dams,
restoration of waterways from recreational mining, and dam operations
that are beneficial to the Santa Ana speckled dace. Such measures must
be implemented in accordance with a conservation plan developed in
coordination with the Service; must minimize impacts to the Santa Ana
speckled dace and its habitat; and should result in the restoration and
enhancement of habitat features such as natural stream flow, sediment
transport, stream morphology, and water quality within the species'
range.
(C) Removal of nonnative species, including noxious weed control
and other vegetation reduction, in the course of habitat management and
restoration to benefit the Santa Ana speckled dace. Activities may
include mechanical and chemical control, provided these activities are
conducted in a manner consistent with Federal and applicable State
laws. Activities may also include removal or eradication of nonnative
animal species, including, but not limited to, catfish, bass, crayfish,
and bullfrogs; however, the Service must approve the use of
electrofishing for eradication of predators prior to implementation.
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-17237 Filed 8-12-24; 8:45 am]
BILLING CODE 4333-15-P
