[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Rules and Regulations]
[Pages 18190-18210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06576]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2013-0099; FXES11130900000-145-FF09E42000]
RIN 1018-AY44


Endangered and Threatened Wildlife and Plants; Removing the 
Island Night Lizard From the Federal List of Endangered and Threatened 
Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: Under the authority of the Endangered Species Act of 1973, as 
amended (Act), we, the U.S. Fish and Wildlife Service (Service), remove 
the island night lizard (Xantusia riversiana) from the Federal List of 
Endangered and Threatened Wildlife. This determination is based on a 
thorough review of the best available scientific and commercial 
information, which indicates that the threats to this species have been 
eliminated or reduced to the point that the species has recovered and 
no longer meets the definition of an endangered species or threatened 
species under the Act.

DATES: This rule becomes effective on May 1, 2014.

ADDRESSES: This final rule and post-delisting monitoring plan are 
available on the Internet at http://www.regulations.gov at Docket 
Number [FWS-R8-ES-2013-0099]. Comments and materials received, as well 
as supporting documentation used in the preparation of this rule, will 
be available for public inspection, by appointment, during normal 
business hours at: U.S. Fish and Wildlife Service, Carlsbad Fish and 
Wildlife Office, 2177 Salk Avenue Suite 250, Carlsbad, CA 92008.

FOR FURTHER INFORMATION CONTACT: Scott Sobiech, Deputy Field 
Supervisor, Carlsbad Fish and Wildlife Office, (see ADDRESSES); by 
telephone 760-431-9440; or by facsimile (fax) 760-431-5901. If you use 
a telecommunications device for the deaf (TDD), please call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    This document contains: (1) A final rule to remove the island night 
lizard from the Federal List of Endangered and Threatened Wildlife; and 
(2) a notice of availability of a final post-delisting monitoring plan.
    Species addressed. The island night lizard (Xantusia riversiana) is 
endemic to three federally owned Channel Islands (San Clemente, San 
Nicolas, and Santa Barbara) located off the southern California coast 
and a small islet (Sutil Island) located just southwest of Santa 
Barbara Island. San Clemente and San Nicolas islands are both owned and 
managed by the U.S. Navy (Navy) and Santa Barbara Island is owned and 
managed by the National Park Service (NPS). Habitat restoration and 
reduced adverse human-related impacts since listing have resulted in 
significant improvements to habitat quality and quantity. As a result, 
threats to the island night lizard have been largely ameliorated. 
Though population densities were not known at the time of listing, the 
island night lizard populations are currently estimated at 21.3 million 
lizards on San Clemente Island, 15,300 lizards on San Nicolas Island, 
and 17,600 lizards on Santa Barbara Island (including Sutil Island).
    Purpose of the Regulatory Action. Under the Endangered Species Act 
of 1973, we may be petitioned to list, delist, or reclassify a species. 
In 2004, we received a petition from the Navy asserting that each of 
the three occurrences of island night lizard qualify for recognition as 
a distinct population segment (DPS) under the DPS Policy (61 FR 4722; 
February 7, 1996) and requesting that we delist the San Clemente and 
San Nicolas Island DPSs (Navy 2004, p. 12). In 2006, we published a 90-
day finding (71 FR 48900, August 22, 2006) concluding that the Navy's 
petition provided substantial information supporting that delisting may 
be warranted and we thus announced the initiation of a status review 
for this species. On February 4, 2013, we published a 12-month finding 
in response to the Navy's petition and proposed removing the island 
night lizard from the Federal List of Endangered and Threatened 
Wildlife (78 FR 7908). Threats to this species have been largely 
ameliorated and all remaining potential threats are currently managed 
by the Navy and NPS, with the exception of climate change, which is 
difficult to predict. Therefore, we have determined in this final rule 
that the island night lizard no longer meets the definitions of 
threatened or endangered under the Act. This final rule removes the 
island night lizard from the Federal List of Endangered and Threatened 
Wildlife.
    Basis for the Regulatory Action. Under the Act, a species may be 
determined to be an endangered species 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 must consider the same factors in 
delisting a species. We may delist a species if the best scientific and 
commercial data indicate the species is neither threatened nor 
endangered for one or more of the following reasons: (1) The species is 
extinct; (2) the species has recovered and is no longer threatened or 
endangered; or (3) the original scientific data used at the time the 
species was classified were in error.
    Threats to the island night lizard at the time of listing included 
destruction of habitat by feral goats and pigs, predation, and the 
introduction of nonnatives throughout the species' range. We reviewed 
all available scientific and commercial information pertaining to the 
five threat factors in our status review of the island night lizard. 
The results of our status review are summarized below.
     We consider the island night lizard to be ``recovered'' 
because all substantial threats to the lizard have been ameliorated.
     All remaining potential threats to the species and its 
habitat, with the exception of climate change, are currently managed 
through implementation of management plans.
     While we recognize that results from climate change such 
as rising air temperatures, lower rainfall amounts, and rising sea 
level are important issues with potential effects to the island night 
lizard and its habitat, the best available information does not 
indicate that potential changes in temperature, precipitation patterns, 
and rising sea levels would significantly impact the island night 
lizard or its habitat nor rise to the magnitude or severity such that 
the species would be likely to become an endangered species within the 
foreseeable future. We expect that the lizard's susceptibility to 
climate change is somewhat reduced by its ability to use varying 
habitat types and by its broad generalist diet; therefore, we do not 
consider climate change to be a substantial threat to the species at 
this time.
     We find that delisting the island night lizard is 
warranted and are removing this taxon from the Federal

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List of Endangered and Threatened Wildlife.
     We have also prepared a final post-delisting monitoring 
plan to monitor the island night lizard after delisting to verify that 
the species remains secure.

Acronyms Used

    We use several acronyms throughout the preamble to this rule. To 
assist the reader, we set them forth here:

BMP = best management practices
DPS = Distinct Population Segment
FMP = Fire Management Plan
INLMA = Island Night Lizard Management Area
INRMP = Integrated Natural Resources Management Plan
MSRP = Montrose Settlements Restoration Program
Navy = United States Department of the Navy
NEPA = National Environmental Policy Act (Federal)
NPS = National Park Service
OMB = Office of Management and Budget
PDM = post-delisting monitoring
PRBO = Point Reyes Bird Observatory
Service = United States Fish and Wildlife Service

Background

    This is a final rule to remove the island night lizard from the 
Federal List of Endangered and Threatened Wildlife. It is our intent to 
discuss in this final rule only those topics directly relevant to the 
removal of the island night lizard from the Federal List of Endangered 
and Threatened Wildlife.

Previous Federal Actions

    Please refer to the proposed rule to delist the island night lizard 
(78 FR 7908; February 4, 2013) for a detailed description of previous 
Federal actions concerning this species. This document is our final 
rule to remove the island night lizard from the Federal List of 
Endangered and Threatened Wildlife.

Changes From Proposed Rule

    (1) We inadvertently labeled a header in Table 1 as ``Estimated 
Population (million).'' We corrected Table 1 (see below) to reflect the 
populations on San Nicolas and Santa Barbara islands numbering in the 
thousands and not millions.

             Table 1--Island Size, Amount of Habitat, and Population Size of the Island Night Lizard
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                                                             Amount of high-quality
               Island                         Size                  habitat*             Estimated population
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San Clemente.......................  37,200 ac.............  19,640 ac.............  21.3 million.
                                     (15,054 ha)...........  (7,948 ha)............
San Nicolas**......................  14,230 ac.............  11.8 ac...............  15,300.
                                     (5,698 ha)............  (4.8 ha)..............
Santa Barbara......................  640 ac................  25.9 ac...............  17,599.
                                     (259 ha)..............  (10.5 ha).............
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* High-quality habitat (Lycium californicum and Opuntia spp.).
** Amount of habitat includes cobble and driftwood habitat unique to San Nicolas Island.

    (2) In the proposed rule (78 FR 7908, 7914), we stated that it was 
unknown whether the mixed-shrub habitat on San Nicolas Island supported 
a self-sustaining population of lizards. Through comments received by 
peer reviewers, we correct that statement to reflect that the mixed-
shrub habitat on San Nicolas Island does support a self-sustaining 
population of island night lizards.
    (3) In the proposed rule (78 FR 7908, 7911), we stated that in 
October 2006 following a very rainy winter on San Clemente Island (9.65 
in (245 mm) of rainfall), surveys revealed 45 of the 127 lizards 
captured (35 percent) were yearlings (in the first year of life). This 
information is incorrect. First, the survey took place in February 2006 
after a very rainy July and August, and 15 of the 84 lizards captured 
(17.9 percent) were neonates (in the first year of life). Second, 
lizards identified as yearlings are in the second year of life. These 
corrections are represented below (see Biology and Life History section 
below).
    (4) We inadvertently left the following three references off the 
List of References Cited in the proposed rule: Dunkle 1950, Schwartz 
1994, and USGS 2001. These are incorporated into this final rule's List 
of References Cited.

Species Information

    The following ``Biology and Life History'' and ``Distribution and 
Habitat'' sections contain information updated from that presented in 
the proposed rule to remove the island night lizard from the Federal 
List of Endangered and Threatened Wildlife, which published in the 
Federal Register on February 4, 2013 (78 FR 7908). A thorough 
discussion on the species description, population density, and 
abundance is also found in the proposed rule (78 FR 7908).
Biology and Life History
    The island night lizard is a slow-growing, late-maturing, and long-
lived lizard (Goldberg and Bezy 1974, pp. 355-358; Fellers and Drost 
1991, pp. 36-42). Island night lizards can live 10 years or more, with 
some individuals estimated to be 30 years of age (Fellers and Drost 
1991, p. 38; Mautz 1993, p. 420; Fellers et al. 1998, p. 25).
    Members of the genus Xantusia are primarily active during the day 
(Bezy 1988, p. 8); however, they are highly sedentary and tend to 
remain under shelter such as dense vegetation or rocks (Fellers and 
Drost 1991, pp. 50, 55; Mautz 1993, p. 419). Sheltered areas provide 
suitable cover to protect the species from predation and allow 
sufficient amounts of sunlight to penetrate to the ground, providing a 
range of temperatures for thermal regulation (regulation of body 
temperature) (Mautz 2001a, pp. 9-12).
    Island night lizards are viviparous (bear live young) and reach 
sexual maturity at approximately 3 to 4 years of age (Goldberg and Bezy 
1974, p. 355; Fellers and Drost 1991, p. 40). Breeding begins around 
March or April, and single broods of young are born around September 
(Goldberg and Bezy 1974, p. 353). Females demonstrate irregular 
intervals between reproductive cycles, but appear to approach a 
biennial cycle (approximately half of sexually mature females reproduce 
in any given year) (Goldberg and Bezy 1974, p. 358). The island night 
lizard is unique within the genus Xantusia for having a brood size 
greater than two (Fellers and Drost 1991, p. 59); however, brood size 
differs among each of the islands where the species occurs, with 
females on San Nicolas Island averaging 5.3 young per brood, and 
females on both San Clemente and Santa Barbara Islands averaging 3.9 
young per brood (Fellers and Drost 1991, p. 60).
    Based on multiple years of surveys on San Clemente Island, neonate 
(young of the year) island night lizards on average comprise about 25 
percent of the

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population (Mautz 1993, p. 422); however, this percentage may be an 
overestimate as adult lizards are largely inactive in the fall and 
winter months and neonates are more active during these months (Fellers 
and Drost 1991, p. 48). Additionally, this percentage may be lower 
during periods of drought. Between August 2003 and July 2004, only 1.65 
in (42 mm) of rain fell on San Clemente Island (Mautz 2005, p. 5). 
Surveys conducted in 2004 during the first part of the birthing season 
(early September) revealed neonate lizards comprised only 14 of the 199 
lizards captured (approximately 7 percent) (Mautz 2005, p. 5). In 
contrast, surveys conducted in February 2006 following a very rainy 
August and July on San Clemente Island (9.65 in (245 mm) of rainfall) 
revealed 15 of the 84 lizards (17.9 percent of those captured) were 
neonates (Mautz 2007, pp. 29-30). The increase in the percentage of 
neonates between dry and wet years may be representative of the 
species' reproductive response to annual variations in rainfall and 
food abundance.
    Island night lizards are omnivorous, with a diet primarily 
consisting of insects and plant matter (Knowlton 1949, p. 45; 
Brattstrom 1952, pp. 168-171; Mautz 1993, p. 417). Analyses of stomach 
and digestive tract contents of 24 lizards collected from San Clemente 
Island in 1948 revealed an omnivorous diet consisting of insects 
(including species of Hemiptera, Coleoptera, Lepidoptera, Diptera, and 
Hymenoptera); grass, sedge, seeds, and fruits; lizard skin; and the 
remains of what appeared to be juvenile mice (Knowlton 1949, p. 45). In 
15 of the 24 specimens, plant material constituted at least 50 percent 
of the total food identified in the stomach contents (Knowlton 1949, p. 
46). A more detailed analysis of numerous species of Xantusia, 
including specimens of the island night lizard from San Clemente, San 
Nicolas, and Santa Barbara Islands, was conducted by Brattstrom (1952, 
p. 3). Based on samples of the stomach and intestinal contents, 
Brattstrom (1952, p. 172) determined that the island night lizard eats 
the widest variety of foods of any of the species of the Genus Xantusia 
included in the research. Although all age groups will eat both plant 
and animal material, younger lizards consume a greater amount of animal 
prey in their diet than older lizards (Fellers and Drost 1991, p. 56). 
Plant material found in the stomach or fecal samples of island night 
lizards included Mesembryanthemum crystallinum (crystalline iceplant); 
the fruits, flowers, and leaves of Lycium californicum (California 
boxthorn); and the fruits of Atriplex semibaccata (Australian saltbush) 
(Fellers and Drost 1991, pp. 55-56).
Distribution and Habitat
    The island night lizard is endemic to three Channel Islands (San 
Clemente, San Nicolas, and Santa Barbara) located off the southern 
California coast (Goldberg and Bezy 1974, pp. 355-358; Fellers and 
Drost 1991, p. 28) and a small islet (Sutil Island) located just 
southwest of Santa Barbara Island (Bezy et al. 1980, p. 579). San 
Clemente, San Nicolas, and Santa Barbara Islands vary in size, and the 
amount of suitable habitat available for the island night lizard (see 
Table 1 above under Changes from Proposed Rule section above, which 
highlights the lizard's estimated population size for each island in 
relation to each island's size and the available habitat present).
    Different surveys and descriptions of the vegetation types on San 
Clemente, San Nicolas, and Santa Barbara Islands have referred to the 
habitat supporting island night lizards under various names and 
descriptions. Although referred to by numerous names and descriptions, 
two vegetation types identified by Sawyer et al. (2009) support most of 
the known dominant plant taxa associated with the lizard. The two 
vegetation types are Coast prickly pear scrub and Lycium californicum 
Provisional Shrubland Alliance. In Coast prickly pear scrub, cacti such 
as Opuntia littoralis (coastal prickly pear), Opuntia oricola 
(chaparral prickly pear), and Cylindropuntia prolifera (coast cholla) 
are dominant or codominant among the shrub canopy (Sawyer et al. 2009, 
pp. 599-601).
    Cylindropuntia prolifera is referred to by its older Latin name, 
Opuntia prolifera, in numerous references cited in this document (for 
example, Fellers and Drost 1991, pp. 34, 68; Mautz 2001a, p. 17; Navy 
2002, p. 3.54). While we recognize that C. prolifera is the currently 
accepted name of this species and is used in discussions that reference 
current literature in this document (for example, Sawyer et al. 2009 
and NPS in litt. 2011b), we will use the older name of O. prolifera 
only when referencing previous literature. Lycium californicum 
Provisional Shrubland Alliance is characterized by the prevalence of L. 
californicum (Sawyer et al. 2009, p. 588). To eliminate any confusion, 
we will refer to the vegetation types that comprise high-quality 
habitat and support high island night lizard densities as L. 
californicum and Opuntia spp. habitats.
    Surveys conducted on the islands occupied by the island night 
lizard indicate strong habitat preferences for Lycium californicum and 
Opuntia spp. habitats (Fellers and Drost 1991, p. 34; Schwemm 1996, pp. 
3-4; Mautz 2001a, p. 23; Mautz 2004, p. 18). These habitats are 
considered high-quality because they offer suitable cover to protect 
the species from predation and allow sufficient amounts of sunlight to 
penetrate to the ground, which provides a thermal mosaic for thermal 
regulation (Mautz 2001a, pp. 9-11, 17-18). Island night lizards are 
also known to occupy grasslands, Coreopsis gigantea stands, mixed-shrub 
communities, and rocky outcrops across all islands, as well as a unique 
cobble and driftwood habitat found only on San Nicolas Island (Fellers 
and Drost 1991, p. 34; Schwemm 1996, pp. 3-4; Fellers et al. 1998, p. 
9; Mautz 2001a, p. 23; Mautz 2004, p. 18). Loose rocks or crevices in 
clay soils are also important habitat components within island night 
lizard habitat (Fellers and Drost 1991, p. 53; Mautz 2001a, p. 17).
    Mautz (2001a, pp. 17-18) suggested that vegetation community 
characteristics, such as habitat structure, may be as important to 
island night lizard habitat as plant species composition. This 
assertion is corroborated by Fellers et al. (1998, p. 16), who 
concluded that plywood debris, which serves as cover in grasslands with 
scattered Haplopappus (haplopappus) (now known as Isocoma menziesii 
(Menzies goldenbush)), and few to no other shrub species, was a factor 
that contributed to high densities of lizards at sampling sites on San 
Nicolas Island.
    In addition to natural cover, artificial cover created by human 
presence on San Clemente, San Nicolas, and Santa Barbara Islands is 
also utilized by island night lizards, thereby enabling them to persist 
in areas of otherwise unsuitable habitat. During surveys for the 
species on San Clemente and San Nicolas Islands, lizards were routinely 
found under pieces of plywood discarded by Navy personnel (Fellers et 
al. 1998, p. 18). The presence of these boards, some of which may have 
been in place for a decade or more, provided an opportunity for 
researchers to assess longevity of the species because some specific 
lizards were recorded (captured and recaptured) over long intervals of 
time (Fellers et al. 1998, p. 7). Underlying soils may also indicate 
whether an area supports lizards. Extensive trapping conducted on San 
Nicolas Island determined that loose sand substrates are unsuitable for 
the species (Fellers et al. 1998, pp. 11-17).

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Very little information exists concerning the vegetative communities on 
Sutil Island.
San Clemente Island
    San Clemente Island supports approximately 19,640 acres (ac) (7,948 
hectares (ha)) of high-quality island night lizard habitat distributed 
primarily along the western marine terraces (Navy 2002, p. 3.54). There 
are approximately 13,791 ac (5,581 ha) of Opuntia spp. habitat and 
5,849 ac (2,367 ha) of Lycium californicum habitat (Service 1997, p. 6; 
Navy 2002, p. 3.54). From 1992 to 2008, a long-term trend analysis was 
conducted, which indicated no clear trend in habitats dominated by 
Opuntia spp. or L. californicum on San Clemente Island (Tierra Data 
Inc. 2010, pp. 48-67). However, there was an approximate 6 percent 
reduction in percent cover of L. californicum and 10 percent reduction 
in percent cover of Opuntia spp. on the island over this timeframe 
(Tierra Data Inc. 2010, pp. 48-67). This observed decrease in percent 
cover was likely due to high rainfall amounts experienced in the 
baseline years from 1991 to 1993, in comparison to lower rainfall 
amounts in subsequent years (Tierra Data Inc. 2010, p. 125).
    Low- to moderate-quality island night lizard habitat consisting of 
Artemisia spp. (sagebrush), Eriogonum spp. (buckwheat), Deinandra 
clementina (as Hemizonia clementina) (Catalina tarweed), as well as 
Lycium californicum and Opuntia spp., occupies approximately 386 ac 
(156 ha) of the northeastern escarpment of San Clemente Island (Navy 
2002, p. 3.65). Low-quality grassland habitat occupies approximately 
11,831 ac (4,788 ha) on the central plateau and eastern scarp of the 
island (Navy 2002, p. 3.54). Lizards on San Clemente Island have not 
been found in closed-canopy canyon or woodland habitats, which do not 
allow sufficient amounts of sunlight to penetrate the canopy cover for 
thermal regulation, or active sand dunes that do not offer sufficient 
cover for the species (Mautz 2001a, pp. 4, 9, 18).
San Nicolas Island
    Due to differing surveying techniques, methodologies, and precision 
of mapping efforts, the amount of high-quality habitat reported on San 
Nicolas Island has varied over time. Based on these various surveys, 
little high-quality habitat is known to exist on San Nicolas Island. 
Site-specific vegetation transects completed in 1996 failed to locate 
Lycium californicum and only once located Opuntia spp. (Chess et al. 
1996, pp. 19-46). Fellers et al. (1998, p. 46) conducted an island-wide 
analysis of the vegetation on San Nicolas Island, utilizing aerial 
photos and limited on-the-ground surveys, and estimated 1.9 ac (0.8 ha) 
of high-quality island night lizard habitat and approximately 161 ac 
(65 ha) of lower quality mixed-shrub habitat occur on San Nicolas 
Island. In 2003, Junak (2003, p. 7) also conducted an island-wide 
survey of the vegetation utilizing helicopter flyovers, extensive on-
the-ground surveys, and Global Positioning System receivers and 
estimated that approximately 11.2 ac (4.6 ha) of high-quality habitats 
were available on the island.
    Differences in the amount of high-quality habitat reported may be 
attributed to varying surveying methodologies and techniques (e.g., 
comparing acreages of only L. californicum and Opuntia spp. to acreages 
of vegetation communities where L. californicum and Opuntia spp. are 
dominant among a vegetative community). However, this habitat is 
stable, and active restoration efforts (see discussion of Nonnative 
Animals under Factor A: The Present or Threatened Destruction, 
Modification, or Curtailment of its Habitat or Range below) continue to 
improve habitat conditions for the island night lizard on San Nicolas 
Island.
    High-quality habitat occurs primarily on the eastern half of the 
island and is patchily distributed among lower quality habitat (Fellers 
et al. 1998, pp. 13-14). The lower-quality habitat is a mixed-shrub 
community comprised of Isocoma menziesii, Calystegia macrostegia 
(island morning-glory), Coreopsis gigantea, Atriplex semibaccata, 
Deinandra clementina, Lupinus albifrons (silver lupine), Baccharis 
pilularis (coyote brush), and Artemisia spp. (Fellers et al. 1998, pp. 
16-17). Island night lizards generally do not inhabit the western half 
of San Nicolas Island due to a lack of suitable vegetative or rock 
cover. One exception is a 0.6-ac (0.2-ha) area of cobble and driftwood 
habitat at Redeye Beach that is just above the intertidal zone on the 
northwestern side of the island (Fellers et al. 1998, p. 11). Occupancy 
within this small area of cobble and driftwood habitat, which supports 
the highest density of lizards on the island, is unique to San Nicolas 
Island (Fellers et al. 1998, p. 11).
Santa Barbara Island
    Habitat on Santa Barbara Island is limited due to the small size of 
the island and the extensive habitat damage that occurred historically 
when goats (Capra spp.), sheep (Ovis spp.), and European rabbits 
(Oryctolagus cuniculus) were present (Service 1984, pp. 45-46; Fellers 
and Drost 1991, p. 70). Similar to San Nicolas Island, the amount of 
high-quality habitat reported on Santa Barbara Island has varied over 
time due to differing survey methodologies and precision of mapping 
efforts. However, this habitat is stable, and active restoration 
efforts continue to improve habitat conditions for the island night 
lizard on Santa Barbara Island.
    Using aerial photographs of the island from 1983 and ground 
surveys, Fellers and Drost (1991, p. 68) identified approximately 14.8 
ac (6 ha) of high-quality habitat on Santa Barbara Island consisting 
only of Lycium californicum, Opuntia spp., or rock outcrops. Low- to 
moderate-quality habitat on Santa Barbara Island also contains some 
Lycium californicum and Opuntia spp., but is dominated by Coreopsis 
gigantea, Eriogonum giganteum var. compactum (Santa Barbara Island 
buckwheat), and Constancea nevinii (formerly Eriophyllum nevinii) 
(silver-lace) (Fellers and Drost 1991, p. 70); these native shrub 
communities are patchily distributed in grasslands across a majority of 
the island (Halvorson et al. 1988, p. 111).
    The NPS is preparing a new preliminary vegetative analysis of Santa 
Barbara Island, but it has not been finalized (Rodriguez 2013a, pers. 
comm.). Preliminary results from surveys conducted in 2010 by the NPS 
indicate an increase in high-quality habitat from the estimate 
determined by Fellers and Drost (1991, p. 68), where Lycium 
californicum and Opuntia spp. are dominant or codominant among the 
vegetation (NPS 2011b, in litt.). Though the report has not been 
finalized, results indicate that there are approximately 16.6 ac (6.7 
ha) of L. californicum and 9.3 ac (3.8 ha) of Opuntia oricola habitat 
where these taxa account for greater than 39 percent of the vegetative 
cover (Rodriguez 2012, pers. obs.). A preliminary analysis concerning 
Cylindropuntia prolifera, another documented vegetation component of 
high-quality island night lizard habitat, is not yet available.
Sutil Island
    Little is known about the habitat on Sutil Island. Sutil Island 
consists of approximately 13.7 ac (5.5 ha) (Rudolph 2011, pers. obs.), 
much of it unbroken bedrock, with some vegetation identified as island 
night lizard habitat, such as low shrubs, Lycium californicum, and 
rocks and fissures, but these are sparsely distributed (Drost 2011, 
pers. obs.). Sutil Island was not known to be occupied at the time the

[[Page 18194]]

island night lizard was listed. In 1978, a survey of Sutil Island was 
conducted, and 12 lizards were identified (Wilson 1979, as cited in 
Power 1979, p. 8.5). In 1991, Drost (2011, pers. obs.) visited the 
island and though there was little habitat that could be turned or 
searched, he observed one lizard in a rock crevice. He noted that 
though vegetative cover on the island was sparse, there were surface 
cracks, fissures, and boulder cover that could provide cover. We have 
no surveys for the island night lizard on Sutil Island since 1978. 
Because Sutil Island is within close proximity to Santa Barbara Island 
(0.4 miles (0.65 kilometers)), has very few to no visitors annually, 
and like Santa Barbara Island is managed by the NPS, we will 
incorporate Sutil Island in the discussion of Santa Barbara Island for 
the remainder of this document.

Recovery and Recovery Plan Implementation

    Section 4(f) of the Act directs us to develop and implement 
recovery plans for the conservation and survival of endangered and 
threatened species unless we determine that such a plan will not 
promote the conservation of the species. Under section 4(f)(1)(B)(ii), 
recovery plans must, to the maximum extent practicable, include: 
``Objective, measurable criteria which, when met, would result in a 
determination, in accordance with the provisions of [section 4 of the 
Act], that the species be removed from the list.'' However, revisions 
to the list (adding, removing, or reclassifying a species) must reflect 
determinations made in accordance with sections 4(a)(1) and 4(b) of the 
Act. Section 4(a)(1) requires that the Secretary determine whether a 
species is endangered or threatened (or not) because of one or more of 
five threat factors. Section 4(b) of the Act requires that the 
determination be made ``solely on the basis of the best scientific and 
commercial data available.'' Therefore, recovery criteria should help 
indicate when we would anticipate an analysis of the five threat 
factors under section 4(a)(1) would result in a determination that the 
species is no longer an endangered species or threatened species 
because of any of the five statutory factors.
    Thus, while recovery plans provide important guidance to the 
Service, States, and other partners on methods of minimizing threats to 
listed species and measurable objectives against which to measure 
progress towards recovery, they are not regulatory documents and cannot 
substitute for the determinations and promulgation of regulations 
required under section 4(a)(1) of the Act. A decision to revise the 
status of or remove a species from the Federal List of Endangered and 
Threatened Plants (50 CFR 17.12) is ultimately based on an analysis of 
the best scientific and commercial data then available to determine 
whether a species is no longer an endangered species or a threatened 
species, regardless of whether that information differs from the 
recovery plan.
    In 1984, we finalized a recovery plan for the island night lizard 
and nine other island species (Endangered and Threatened Species of the 
California Channel Islands (Recovery Plan); Service 1984). Given the 
threats in common to the 10 species addressed, the Recovery Plan is 
broad in scope and focuses on restoration of habitats and ecosystem 
function. The Recovery Plan included 6 general objectives for all 10 
species:
    (1) Identify present adverse impacts to biological resources and 
strive to eliminate them.
    (2) Protect known resources from further degradation by: (a) 
Removing feral herbivores, carnivores, and selected exotic plant 
species; (b) controlling unnatural erosion in sensitive locations; and 
(c) directing military operations and adverse recreational uses away 
from biologically sensitive areas.
    (3) Restore habitats by revegetating disturbed areas using native 
species.
    (4) Identify areas of San Clemente Island where habitat restoration 
and population increase of certain addressed taxa may be achieved 
through a careful survey of the island and research on habitat 
requirements of each taxon.
    (5) Delist or upgrade the listing status of those taxa that achieve 
vigorous, self-sustaining population levels as the result of habitat 
stabilization, restoration, and preventing or minimizing adverse human-
related impacts.
    (6) Monitor effectiveness of recovery effort by undertaking 
baseline quantitative studies and subsequent followup work (Service 
1984, pp. 106-107).
    Specific criteria for determining when threats have been removed or 
sufficiently minimized for the island night lizard are not identified 
in the Recovery Plan (although various actions are identified in the 
Recovery Plan that promote the recovery of island night lizard and 
described further in the Recovery section of the proposed rule). 
Following are a summary of actions and activities that have been 
implemented according to the Recovery Plan (Service 1984, pp. 106-107) 
and that contribute to achieving the six recovery objectives.

Objective 1: Identify Present Adverse Impacts to Biological Resources 
and Strive To Eliminate Them

    Actions taken by the Navy and NPS supporting the achievement of 
this objective include: Education and outreach; development and 
implementation of management plans to identify, minimize, and address 
threats; management, control, and elimination of nonnative predators, 
herbivores, and invasive plants; consultation and coordination with the 
Service; and control of erosion. These actions are discussed briefly 
below and in greater detail in the five-factor analysis.
    The Navy has taken steps to eliminate incidental impacts to the 
island night lizard by educating all Navy personnel stationed on San 
Clemente and San Nicolas Islands. All Navy personnel receive handouts, 
pamphlets, or posters presenting information on the distribution, 
threats, and management responsibilities of sensitive resources, such 
as federally threatened and endangered species, including the island 
night lizard. The NPS has also taken steps to eliminate incidental 
impacts to the lizard by educating all visitors to Santa Barbara Island 
(including Sutil Island). Brochures discussing the island's unique 
wildlife, including the island night lizard, as well as maps of 
designated trails that all visitors must use to decrease disturbance to 
wildlife and lessen damage to resources, are available to all visitors 
of the island at the visitors' center or online at the Channel Islands 
National Park's Web site (http://www.nps.gov/chis/index.htm).
    The Recovery Plan also recommends that existing laws and 
regulations be used to protect candidate, threatened, and endangered 
species, including the island night lizard. Based on the occurrences of 
this species on federally owned land, the primary laws with potential 
to protect the island night lizard include the National Environmental 
Policy Act (NEPA), the Sikes Act Improvement Act, the NPS Organic Act, 
the Federal Noxious Weed Act, and the Soil Conservation and Domestic 
Allotment Act, in addition to the Act. Since listing of the island 
night lizard under the Act in 1977, the Navy and NPS have had a history 
of consultation and coordination with the Service regarding the effects 
of various activities on the island night lizard on San Clemente, San 
Nicolas, and Santa Barbara Islands.
    NEPA requires Federal action agencies to integrate environmental 
values into their decisionmaking processes by considering the

[[Page 18195]]

environmental impacts of their proposed actions and reasonable 
alternatives to those actions. Since its enactment in 1970, the Navy 
has implemented NEPA for actions on San Clemente and San Nicolas 
Islands, and the NPS has implemented NEPA for actions on Santa Barbara 
Island (including Sutil Island).
    The Sikes Act (16 U.S.C. 670) authorizes the Secretary of Defense 
to develop cooperative plans with the Secretaries of Agriculture and 
the Interior for natural resources on public lands (see Sikes Act 
Improvement Act section under Factor D. Inadequacy of Existing 
Regulatory Mechanisms below for further discussion). Pursuant to the 
Sikes Act Improvement Act of 1997, the Navy developed integrated 
natural resources management plans (INRMPs) for San Clemente Island in 
2002 and San Nicolas Island in 2010 that help guide the management and 
protection of each island's natural resources (Navy 2002; Navy 2010).
    INRMPs incorporate, to the maximum extent practicable, ecosystem 
management principles and provide the landscape necessary to sustain 
military land uses. Each INRMP includes specific management actions and 
objectives to address the Recovery Plan task of incorporating recovery 
actions into existing management plans (see Factor D below). Through 
these mechanisms, the Navy is required to identify and address all 
threats to federally listed species during the INRMP planning process. 
If possible, threats are ameliorated, eliminated, or mitigated through 
this procedure. The Navy strives to fulfill this objective through both 
internal planning (INRMP) and compliance with Federal law 
(consultations with the Service under the Act and preparing 
environmental review documents under NEPA). The actions taken by the 
Navy under the INRMPs have not completely eliminated all adverse 
impacts, but many threats to island night lizards have been greatly 
reduced. These contributions to the elimination of adverse impacts 
fulfill a majority of this Recovery Plan objective with respect to the 
island night lizard.

Objective 2: Protect Known Resources From Further Degradation by: (a) 
Removing Feral Herbivores, Carnivores, and Selected Exotic Plant 
Species; (b) Controlling Unnatural Erosion in Sensitive Locations; and 
(c) Directing Military Operations and Adverse Recreational Uses Away 
From Biologically Sensitive Areas

    In 1992, the Navy fulfilled a major part of this objective by 
removing the last of the feral goats and pigs from San Clemente Island. 
Currently, the Navy has an ongoing predator control program to trap and 
remove feral cats and rats from San Clemente Island. From 2009 to 2010, 
projects funded by the Montrose Settlements Restoration Program (MSRP) 
and conducted by the Navy removed all feral cats from San Nicolas 
Island. In 1981, the last of the European rabbits (a nonnative 
herbivore) were removed from Santa Barbara Island. These actions to 
remove predators and nonnative herbivores, or develop removal programs 
for potential predators, have fulfilled this component of objective 2 
in the Recovery Plan to remove feral and nonnative animals. 
Additionally, the Navy on both San Clemente and San Nicolas Islands, in 
accordance with the Federal Noxious Weed Act and through implementation 
of the Navy's INRMPs, conducts actions to reduce or eliminate all 
transport of nonnative plants to each island, and has facilitated 
programs to remove nonnative taxa that currently occur on the islands. 
On Santa Barbara Island, the NPS implements policies and management 
activities (in accordance with the Organic Act) that restrict all 
nonnative plant species from the island. Additionally, in partnership 
with the MSRP, nonnative plant removal is currently occurring on Santa 
Barbara Island. The NPS has also developed a Draft General Management 
Plan emphasizing the eradication of all nonnative plants from Santa 
Barbara Island (NPS 2013, pp. 50, 83). These actions to control 
nonnative plants on all islands occupied by the island night lizard 
have fulfilled most of this component of objective 2 in the Recovery 
Plan to remove exotic plant species.
    The Navy is also taking steps to minimize the effects of erosion on 
San Clemente Island. Erosion control measures are being incorporated 
into project designs to minimize the potential to exacerbate existing 
erosion (O'Connor 2009, pers. comm.). Along with the Navy's planned 
expansion of its military operational areas, the Navy developed an 
erosion control plan that minimizes impacts of soil erosion and 
sedimentation on threatened and endangered species and their habitat 
(Navy 2013b pp. 5-6). The Erosion Control Plan includes development and 
application of best management practices (BMPs) to minimize impacts to 
sensitive resources, including the island night lizard and its habitat; 
addresses military operations and site-specific erosion control 
recommendations for areas potentially affected by military operations; 
provides guidelines for restriction of vehicle maneuvering when soils 
are wet, operator education, vegetation management, fire management, 
and methods for gully prevention and restoration; and includes an 
adaptive management and monitoring plan to assess the BMPs to minimize 
and prevent soil erosion (Navy 2013b, pp. 35-54, 113-122). On San 
Nicolas Island the Navy incorporates BMPs for erosion and sedimentation 
controls during construction and maintenance activities as well as to 
protect natural resources (Navy 2010, pp. 4.6-4.12). These actions 
taken by the Navy to reduce the threat of erosion on the island 
contribute to the achievement of this objective.
    Through implementation of INRMPs on San Clemente and San Nicolas 
Islands, the Navy conducts measures to avoid areas with highly erodible 
soils. Additionally, San Clemente has a nursery to grow native island 
plants, which are then used to assist in erosion control of disturbed 
sites. San Nicolas Island has developed a nursery for similar erosion 
control measures. On Santa Barbara Island, NPS requires the active 
preservation of soil resources and the avoidance or minimization of 
impacts to soil. These actions to prevent erosion fulfill this 
component of objective 2 of the Recovery Plan.
    As recommended through consultation with the Service (Service 
1997), the Navy established the Island Night Lizard Management Area 
(INLMA), which is avoided to the maximum extent practicable, to assist 
with the recovery of the island night lizard and its habitat. 
Additionally, through implementation of INRMPs on both San Clemente and 
San Nicolas Islands, the Navy defines and marks work areas to prevent 
lizard mortality. The NPS has designated trails on Santa Barbara Island 
to allow visitors to view the island's ecosystems without being 
obtrusive or destructive to the natural resources, including island 
night lizard habitat. These actions to avoid biologically sensitive 
areas fulfill Recovery Plan Objective 2 with respect to the island 
night lizard.

Objective 3: Restore Habitats by Revegetating Disturbed Areas Using 
Native Species

    To restore the structure and function of native island ecosystems, 
the Navy, through implementation of its INRMP on San Clemente Island, 
has developed the Native Habitat Restoration Program and constructed a 
native plant nursery where plants, including species that provide a 
benefit to island night lizard habitat, are grown from seed and stem 
and root cuttings, and outplanted

[[Page 18196]]

annually. In 2012, the Navy on San Nicolas Island completed development 
of a nursery and to date has outplanted approximately 1,300 plants to 
the island, some of which provide a benefit to the island night lizard. 
Additionally, projects funded by the MSRP currently grow native plant 
species in a nursery on Santa Barbara Island to support island night 
lizard restoration projects. To date, approximately 19,500 native 
plants, some providing a benefit to the island night lizard, have been 
restored to Santa Barbara Island. The NPS has also developed a Draft 
General Management Plan to clearly define and direct resource 
preservation, including restoration of natural ecosystems, their native 
habitat, and processes on Santa Barbara Island. These actions to 
restore habitat by revegetation fulfill the objective as stated in the 
Recovery Plan.

Objective 4: Identify Areas of San Clemente Island Where Habitat 
Restoration and Population Increase of Certain Addressed Taxa May Be 
Achieved Through a Careful Survey of the Island and Research on Habitat 
Requirements of Each Taxon

    Since listing, research on the life history and biology of the 
island night lizard has been ongoing on San Clemente Island. Research 
has determined the island night lizard's distribution and density in 
various habitats on San Clemente Island (Mautz 1993; Mautz 2001a). 
Additionally, the Navy through consultation with the Service developed 
the INLMA to conserve the largest area of high-quality habitat with the 
highest densities of island night lizards. The Navy currently avoids 
and minimizes impacts to the lizard for any projects or training 
activities proposed in this area through consultation with the Service. 
Thus, these actions completely fulfill the objective as stated in the 
Recovery Plan.

Objective 5: Delist or Upgrade the Listing Status of Those Taxa That 
Achieve Vigorous, Self-Sustaining Population Levels as the Result of 
Habitat Stabilization, Restoration, and Preventing or Minimizing 
Adverse Human-Related Impacts

    Since listing, threats to the island night lizard have been largely 
ameliorated, including removal of all nonnative herbivores from San 
Clemente and Santa Barbara Islands and removal of feral cats from San 
Nicolas Island. Given that habitat types that are strongly associated 
with island night lizards appear to be increasing slowly through 
natural recovery and restoration projects, as well as the amelioration 
of all substantial threats to the island night lizard, the populations 
on the three islands appear to be stable. Remaining threats, such as 
nonnative plants, land use and development, fire, and erosion, are 
potentially of concern, but are actively managed through implementation 
of management plans and measures described in the Navy's INRMPs and 
NPS's management policies and active management plans. We consider the 
populations of the island night lizard to be stable and improving. 
Thus, the objective to improve the status of the island night lizard to 
the point it can be delisted has been fully met.

Objective 6: Monitor Effectiveness of Recovery Effort by Undertaking 
Baseline Quantitative Studies and Subsequent Followup Work.

    Since listing and publication of the Recovery Plan, island night 
lizard monitoring has been conducted on San Clemente Island, with one 
assessment of the population estimated at approximately 21.3 million 
island night lizards in 2001. High densities of island night lizards 
were determined to be strongly corresponded to certain habitats. 
Although no subsequent population assessments have occurred since 2001, 
ongoing monitoring to assess individual body condition and neonate-to-
juvenile ratios indicates the density of island night lizards still 
strongly corresponds to certain habitats. Assessments of the extent and 
quality of those habitats have been conducted more recently, as 
discussed below in more detail.
    San Clemente Island supports the largest amount of high-quality 
island night lizard habitat. Monitoring from 1992 to 2008 has shown 
fluctuating short-term trends, but no clear long-term trend, in Opuntia 
spp. or Lycium californicum habitats on San Clemente Island (Tierra 
Data Inc. 2010, pp. 48-67). There was an approximate 6 percent 
reduction in percent cover of L. californicum and 10 percent reduction 
in percent cover of Opuntia spp. habitats on the island (Tierra Data 
Inc. 2010, pp. 48-67). However, this decreasing trend in percent cover 
may be explained by changing rainfall patterns measured during this 
time interval. Higher rainfall amounts occurred from 1991 to 1993, when 
baseline data for percent cover was first collected. However, in 
subsequent years, lower rainfall amounts were reported and may 
therefore be responsible for the decrease in percent cover that was 
reported during this period (Tierra Data Inc. 2010, p. 125).
    While research has not indicated how this reduction in cover 
affects the island night lizard population, monitoring of the island 
night lizard population indicates the species remains abundant in 
suitable habitat. We expect continued monitoring on San Clemente 
Island, including that associated with ongoing and proposed habitat 
restoration projects, to show island night lizard populations remaining 
stable or increasing on the island. These monitoring efforts fulfill 
the objective as stated in the Recovery Plan.
    On San Nicolas Island, researchers conducted one assessment of the 
island night lizard's population in 1998, resulting in an estimated 
15,300 lizards, and two assessments of the vegetation associated with 
high densities of island night lizards. The first vegetation assessment 
was conducted in 1998 by Fellers et al. (1998). A second vegetation 
assessment was conducted in 2003 by Junak (2003, p. 7), which indicated 
an increase in high-quality Opuntia spp. and L. californicum habitats 
from 1.9 ac (0.8 ha) in 1998 to 11.2 ac (4.6 ha). This increase was 
probably due to more current data and better mapping technology. 
Monitoring of lizards on San Nicolas Island will be conducted every 5 
years by the U.S. Geological Survey in connection with proposed habitat 
restoration projects (Navy 2010, p. 4.55). We expect island night 
lizard populations to remain stable or increase in number on the island 
because this species' population is strongly correlated with abundance 
of habitat, and current information indicates that the habitat is 
stable and possibly increasing. Additionally, the Navy is restoring 
native habitat that can support island night lizards. These monitoring 
efforts fulfill the objective as stated in the Recovery Plan.
    On Santa Barbara Island, there has been one assessment of the 
island night lizard population in 1991, resulting in an estimated 
17,599 lizards, and two assessments of the amount of high-quality 
habitat consisting of Opuntia spp. and Lycium californicum. The first 
habitat assessment was conducted from an examination of aerial 
photographs from 1983 and indicated a total of 14.8 ac (6.0 ha) of L. 
californicum and Opuntia spp. habitats in which these species comprised 
100 percent of the vegetation (Fellers and Drost 1991, p. 31). A more 
recent preliminary draft assessment indicates that approximately 16.6 
ac (6.7 ha) of L. californicum and 9.3 ac (3.8 ha) of O. oricola 
habitats exist in which these species are dominant and comprise greater 
than 39 percent of the vegetative cover (Rodriguez 2012, pers. obs.). 
However, this more recent draft assessment has yet to be finalized 
(Rodriguez 2013a, pers. obs.).

[[Page 18197]]

Additionally, pursuant to the MSRP, the NPS continues to restore native 
habitat on Santa Barbara Island, including species that provide 
moderate-quality habitat for the island night lizard. Therefore, we 
expect the island night lizard population to remain stable or increase 
on Santa Barbara Island. These monitoring actions fulfill this 
objective as stated in the Recovery Plan.

Summary of Recovery Plan Implementation

    In summary, while the Recovery Plan does not include taxon-specific 
downlisting or delisting criteria for the island night lizard, many of 
the actions identified in the Recovery Plan have been implemented to 
benefit the lizard. With the exception of a few recommended recovery 
actions that are still ongoing, nearly all recovery objectives have 
been fulfilled through research and monitoring efforts on all occupied 
islands and implementation of the Navy's INRMPs on San Clemente and San 
Nicolas Islands and NPS's management policies on Santa Barbara Island. 
Most significantly, the Navy removed feral goats and pigs from San 
Clemente Island in 1992. There are currently a number of programs in 
place to improve habitat suitability, prevent introduction of nonnative 
species, guide and track management efforts, and protect occurrences of 
the island night lizard. We investigated other potential threats (see 
Summary of Factors Affecting the Species below for further information 
on other potential threats) to the lizard and concluded that they do 
not pose significant impacts. As a result of the management actions 
conducted by the Navy and NPS, substantial threats have been 
ameliorated throughout the species' range, and the majority of 
objectives discussed in the Recovery Plan are fulfilled.
    Based on our review of the Recovery Plan, we conclude that the 
status of the island night lizard has improved due to past and current 
activities being implemented by the Navy and NPS, and the objectives of 
the Recovery Plan have been met. The effects of these activities on the 
status of island night lizard are discussed in further detail below.

Summary of Comments and Recommendations

    In the proposed rule published on February 4, 2013 (78 FR 7908), we 
requested that all interested parties submit written comments on the 
proposal by April 5, 2013. We also contacted appropriate Federal and 
State agencies, scientific experts and organizations, and other 
interested parties and invited them to comment on the proposal. 
Newspaper notices inviting general public comment were published in the 
Ventura County Star on February 11, 2013. We did not receive any 
requests for a public hearing.
    During the comment period for the proposed rule, we received six 
comment letters (two from the public and four from peer reviewers) 
directly addressing the proposed removal of the island night lizard 
from the Federal List of Endangered and Threatened Wildlife. All 
substantive information provided during the comment period has either 
been incorporated directly into this final determination or addressed 
below.

Peer Review

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from five knowledgeable 
individuals with scientific expertise that included familiarity with 
the island night lizard and its habitat, biological needs, recovery 
efforts, and threats. We received responses from four of the peer 
reviewers.
    We reviewed all peer reviewer comments received for substantive 
issues and new information regarding the island night lizard. Comments 
included general technical and grammatical corrections, and specific 
concerns relating to the island night lizard, its habitat, or current 
management efforts. The peer reviewer and public comments are addressed 
in the following summary and incorporated into this final rule as 
appropriate.

Peer Reviewer Comments

    Comment (1): One peer reviewer stated that the island night lizard 
populations from each island should be identified as DPSs based on the 
following: (a) Even though the island night lizard was listed at the 
``species level,'' each of the three populations are geographically 
separated by miles of open sea and do not interbreed when mature, which 
is part of the requirement that defines a species under the Act; (b) 
recent (Common and Current Scientific Names of North American 
Amphibians, Turtles, Reptiles, & Crocodilians, Sixth Edition, 2009) and 
previous literature (Smith 1946, Cope 1883) identify the San Clemente 
and San Nicolas Island lizards as separate subspecies; and (c) evidence 
presented from an allozyme/karyotyping study (Bezy 1980) suggests that 
the three populations are each distinctive and have been separated 
without gene flow for at least 500,000 years, with the greatest 
standing variation in both allelic diversity and color pattern (a 
phenotypic marker) of the three populations being found in the San 
Nicolas population. Additionally, the peer reviewer noted that San 
Nicolas Island specifically should not be delisted due to the lack of 
suitable habitat and small population size in comparison to the size of 
the island, and if there is no option for the Service to designate San 
Nicolas Island as a DPS, then the island night lizard should remain a 
listed species throughout its range.
    Our Response: Section 4 of the Act and its implementing regulations 
(50 CFR part 424) set forth the procedures for listing species, 
reclassifying species, or removing species from listed status. 
``Species'' is defined by the Act as including any species or 
subspecies of fish or wildlife or plants, and any DPS of fish or 
wildlife that interbreeds when mature (16 U.S.C. 1532(16)). The island 
night lizard was federally listed at the ``species'' level (42 FR 
40682, August 11, 1977) throughout its range. As discussed in our 90-
day finding (71 FR 48900, August 22, 2006), the Navy's 2004 petition 
requested that we delist the island night lizard on San Clemente Island 
and San Nicolas Island as distinct population segments. We indicated in 
that finding that we would consider information as to whether island 
night lizard populations qualify as distinct population segments in our 
12-month finding. Both our 2012 5-year review and our 12-month finding 
indicate that further consideration of the DPS status is not addressed 
due to our recommendation that the species be delisted throughout its 
entire range due to the amelioration of substantial threats and current 
management of potential threats to the species and its habitat (Service 
2012a, pp. 5, 44; Service 2013; 78 FR at 7910). Accordingly, we assert 
that the island night lizard be removed from the Federal List of 
Endangered and Threatened Wildlife and not reclassified as three 
separate DPSs. With regard to the peer reviewer's request that the 
island night lizard on San Nicolas Island not be delisted, we have 
reviewed the status of the island night lizard on San Nicolas Island. 
Although the island supports the lowest numbers of lizards and 
percentage of suitable habitat in comparison to the island's size, 
threats have been ameliorated or are currently managed such that the 
species no longer meets the definition of threatened or endangered.
    Comment (2): One peer reviewer noted that the use of habitat as a 
surrogate for a determination of lizard population health is inadequate 
until at least one additional direct population assessment is completed 
for each island

[[Page 18198]]

to test the validity of habitat as a surrogate.
    Our Response: We use the best scientific and commercial information 
available in the decision-making process. In many cases, the biology of 
the listed species makes it difficult to detect or monitor individuals, 
and, in those situations, evaluating a surrogate such as habitat is the 
most reasonable and meaningful measure of assessing listed species. For 
the island night lizard, the best available scientific information 
indicates that it is strongly correlated with vegetation dominated by 
the presence of Lycium californicum and Opuntia subsp. habitats (high-
quality habitats) (see Distribution and Habitat above). Additionally, 
this species is sedentary and reclusive, and it is difficult to survey 
in those high-quality habitats without destroying the habitat. 
Currently, the best scientific information available indicates that 
island night lizards within these high-quality habitats number in the 
millions on San Clemente Island and tens of thousands on San Nicolas 
and Santa Barbara Islands (see Population Density and Abundance in the 
proposed rule (78 FR 7908)). Considering all these factors, we contend 
that the use of high-quality habitat as a surrogate for island night 
lizard population health is appropriate.
    Comment (3): Three peer reviewers pointed out that the header 
``Estimated Population (millions)'' in Table 1 of the proposed rule is 
incorrect as the populations on San Nicolas and Santa Barbara islands 
exist only in the thousands.
    Our Response: We appreciate the peer reviewers' recommendation and 
agree that the table mistakenly represents the populations as 
``millions.'' This table now reflects the correct population numbers 
for each island in Table 1 (see Summary of Changes from Proposed Rule 
above).
    Comment (4): One peer reviewer suggested that to better compare the 
status among the three island populations, a table should be added to 
the final rule that displays density of lizards per island size (number 
of lizards per total island acre), density of lizards in high-quality 
habitat (number of lizards per high-quality habitat acreage), and 
percentage of high-quality habitat in comparison to island size.
    Our Response: We appreciate the peer reviewer's suggestion; 
however, a table is not needed to discuss this information as there is 
detailed discussion of these data in the Population Density and 
Abundance section of the proposed rule (78 FR 7908), as well as 
detailed information identifying the number of acres per island, amount 
of high-quality island night lizard habitat per each island, and 
estimated island night lizard population on each island in Table 1 (see 
Summary of Changes from Proposed Rule above).
    Comment (5): One peer reviewer stated that the major threat to 
island night lizards on San Nicolas Island is the lack of current 
suitable habitat on the island and that this threat has not been 
ameliorated. Additionally, although the Navy plans to create a nursery 
to assist in the restoration of native habitat, the nursery will not be 
a large operation, and, although it will assist in the creation of 
additional habitat for the island night lizard, it will not be able to 
restore habitat on the island to its historical state.
    Our Response: The lack of current suitable habitat is not 
considered a substantial threat to the island night lizard on San 
Nicolas Island. Since listing, mapping precision and differing survey 
methodologies have resulted in different estimates of high-quality 
island night lizard habitat (Fellers et al. 1998, p. 46; Junak 2003, p. 
7). However, the Service has determined that high-quality island night 
lizard habitat is stable and, with habitat restoration, removal of all 
nonnative feral grazers, and management efforts and policies to prevent 
the reintroduction of nonnative feral grazers, is likely increasing on 
San Nicolas Island (Navy 2005, p. 3; Service 2006, p. 12; 78 FR 7908, 
p. 7919). The Navy completed development of a nursery and is 
propagating native plants to restore native habitat and counter the 
negative impacts to the habitat by nonnative feral grazers. These 
efforts include growing and outplanting of native vegetation to assist 
in erosion management and to improve the quality of habitat on the 
island, including that utilized by the island night lizard (Ruane 
2013a, pers. comm.; Vartanian 2013, pers. comm.; Hoyer 2013, pers. 
comm.). Although San Nicolas Island has the least amount of island 
night lizard habitat of the three inhabited islands, the best available 
scientific and commercial information indicates that island night 
lizard high-quality habitat is slowly recovering (Service 2012a). The 
Navy asserts the nursery operation is in its initial stages and, 
although there are no immediate plans to expand the nursery, the Navy 
does intend to expand the nursery to increase production and 
outplanting of native plants, including those plants that comprise low- 
to moderate- and high-quality island night lizard habitat in the future 
(Vartanian 2013, pers. comm.)
    Comment (6): One peer reviewer commented that, throughout the 
proposed rule, we state that there has been no change in the amount of 
island night lizard habitat on San Clemente Island; however, we also 
note a declining trend of approximately 6 percent for L. californicum 
and approximately 10 percent for Opuntia ssp. has occurred. The 
reviewer stated that this decline is cause for concern because if this 
decline in habitat is extrapolated to the island night lizard 
population, it results in a decline of 3.4 million lizards on the 
island. The reviewer also noted that relating this decline in habitat 
to higher rainfall amounts in the baseline year (1992) compared to the 
last year (2008) is speculative.
    Our Response: We note that the decline in L. californicum and 
Opuntia ssp. habitat on San Clemente Island is in percent cover and not 
total acreage, and that these surveys were conducted at only 4 sites 
for L. californicum and 10 sites for Opuntia ssp.; thus, this observed 
trend in percent cover is based on a small sample size that is not 
island-wide. We are aware that the island night lizard population of 
21.3 million lizards was determined through correlating lizard 
densities in these habitats and extrapolating the densities across the 
island, but we do not agree with the peer reviewer that a decline in 
percent cover of these habitats at a few specific locations would lead 
to an overall island-wide loss of 3.4 million lizards because the 
correlation of lizard densities was based on quantity of habitat and 
not percent cover of habitat. Additionally, annual forb cover is 
closely correlated with rainfall, and annual forbs are members of both 
L. californicum and Opuntia ssp. habitats on San Clemente Island. 
Therefore, we find it reasonable that the higher rainfall reported in 
the baseline years (1991-1993) may account for higher percent cover, 
compared to lower percent cover observed after conditions of lower 
rainfall in 2008. Finally, although not mentioned in the proposed rule, 
the long-term assessment also found that there was little to no change 
in overall percent frequency of L. californicum and Opuntia ssp. 
(Tierra Data 2010, pp. 94-97).
    Comment (7): One peer reviewer stated that the Navy should consider 
establishing an INLMA on San Nicolas Island to show long-term 
commitment to the island night lizard's protection as suggested in the 
Recovery Plan.
    Our Response: We agree with the peer reviewer's comment and are 
suggesting in the post-delisting monitoring plan that the Navy 
establish an INLMA on San Nicolas Island in areas containing the 
highest densities of island night

[[Page 18199]]

lizards (as recommended in the Recovery Plan (Service 1984, pp. 111, 
125)).
    Comment (8): Two peer reviewers commented that island night lizards 
on San Nicolas Island are being collected at one sample site, and that 
the entire sampling population at that site has disappeared due to this 
collection and should be identified as a threat to the species.
    Our Response: We appreciate these peer reviewers' comments and have 
incorporated a discussion of this information in this final rule (see 
Factor B: Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes).
    Comment (9): One peer reviewer noted that there appears to be an 
inconsistency in the proposed rule when identifying habitat areas that 
harbor the highest densities of island night lizards. Specifically, the 
proposed rule states that the highest densities of island night lizards 
are found in L. californicum and Opuntia spp. habitats, while the same 
statement is made of the cobble and driftwood habitat found on San 
Nicolas Island.
    Our Response: We modified language in this final rule (see 
Distribution and Habitat above) to clarify that, although the majority 
of highest densities of island night lizards are found in L. 
californicum and Opuntia spp. habitats throughout the species' range, a 
small amount of unique habitat on San Nicolas Island made of cobble and 
driftwood supports the highest density of island night lizards on that 
island.
    Comment (10): One peer reviewer noted that mixed-shrub habitat 
supports a self-sustaining population of island night lizards on San 
Nicolas Island although densities are much lower than in high-quality 
habitat.
    Our Response: We appreciate the peer reviewer's correction of this 
information and have added a statement in this final rule (see Changes 
from the Proposed Rule above) to reflect this change.
    Comment (11): One peer reviewer questioned whether erosion control 
efforts were being implemented on San Nicolas Island.
    Our Response: In response to this comment, we reviewed the Navy's 
soils conservation management strategy. The Navy's INRMP states that 
the Navy's soils conservation management strategy is to ``. . . 
effectively implement best management practices to prevent and control 
soil erosion.'' (Navy 2010, p. 4.10). Additionally, as documented 
through our communications with Navy personnel (Ruane 2013d, pers. 
comm.), they continue to implement best management practices to promote 
soil conservation and prevent and control soil erosion. Based on our 
review, there is no indication that the Navy is not implementing 
actions and best management practices to prevent and control erosion. 
Accordingly, we conclude that erosion control efforts are being 
implemented on San Nicolas Island and such efforts will continue in the 
future.
    Comment (12): One peer reviewer noted that, although the southern 
alligator lizard is not likely a threat to the island night lizard, 
there is no specific research to support the Service's claim that the 
southern alligator lizard is not a threat at this time.
    Our Response: Section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is an endangered or threatened 
species must be made solely on the basis of the best scientific and 
commercial data available. We agree with the peer reviewer that no 
specific research has been conducted to study the potential effects 
that the southern alligator lizard might have on island night lizards. 
However, there is also no information to indicate that southern 
alligator lizards are a threat to the island night lizard or its 
habitat. Therefore, we do not currently consider the southern alligator 
lizard a threat to the island night lizard or its habitat.

Public Comments

    Comment (13): One commenter stated that the island night lizard 
should remain on the Federal List of Endangered and Threatened Wildlife 
because of overwhelming threats to the species, such as climate change 
(including sea level rise and ocean acidification) and land use and 
development.
    Our Response: The Service reviews the best scientific and 
commercial information available when conducting a threats analysis. In 
considering what factors might constitute a threat, we must look beyond 
the mere exposure of the species to the factor to determine whether the 
exposure causes actual impacts to the species. The mere identification 
of factors that could impact a species negatively is not sufficient to 
compel a finding that listing (or maintaining a currently listed 
species on the Federal Lists of Endangered or Threatened Wildlife or 
Plants) is appropriate; we require evidence that these factors are 
operative threats that act on the species to the point that the species 
meets the definition of endangered or threatened under the Act.
    In the proposed rule to delist the island night lizard (78 FR 
7908), we reviewed numerous journal articles that examined models of 
projected sea level rise by the end of the twenty-first century (Cayan 
et al. 2008, p. S62; PRBO 2011, p. 41). Based on this review, available 
data do not indicate that a substantial rise in sea level would affect 
the island night lizard or its habitat (Service 2013, p. 7926). The 
commenter did not provide, nor is there available, information that 
suggests that ocean acidification would be a threat to the terrestrial 
island night lizard. We also reviewed the current land use and 
development practices by the Navy and NPS on all three islands 
inhabited by island night lizards. While land use and development is a 
concern on Santa Clemente and San Nicolas islands due to Navy activity, 
the amount, quality, and distribution of habitat together with 
avoidance measures implemented by the Navy reduce the potential impact 
to the species (Service 2013, pp. 7921-7922), and we expect this trend 
to continue in the future, even with delisting. Land use and 
development on Santa Barbara Island is not of concern. We therefore 
continue to conclude that land use and development are not substantial 
threats to the species.
    Comment (14): One commenter noted that although climate change, and 
specifically long-lasting droughts, could cause a decline in birth 
rates of the island night lizard, the commenter was still in favor of 
delisting because of future post-delisting monitoring efforts.
    Our Response: The Service appreciates the commenter's concern and 
understands the cyclical nature of birth rates depending on annual 
rainfall (as described in in the Life History and Biology section of 
the proposed rule) (78 FR 7908, 7911). Through post-delisting 
monitoring efforts to monitor recruitment, we will be monitoring this 
concern and have identified triggers in the post-delisting monitoring 
plan to indicate when a decline in birth rates may warrant additional 
management efforts to address the concern.
    Comment (15): One commenter noted that, although the Navy 
petitioned the Service to delist the island night lizard and conducted 
most of the studies that have helped support delisting, the studies 
were likely unbiased and provided legitimate information for removing 
the species from the List.
    Our Response: We appreciate the commenter's acknowledgement of the 
Navy's work and commitments to island night lizard conservation. The 
Navy has worked cooperatively with us to reduce threats (see Summary of 
Factors Affecting the Species in the proposed rule (78 FR 7908)) to the 
island night lizard on San Clemente and San Nicolas

[[Page 18200]]

islands, and we expect to continue coordinating with them throughout 
the post-delisting monitoring process to conduct monitoring efforts as 
identified in the Final Post-delisting Monitoring Plan and through 
implementation of their INRMPs.

Summary of Factors Affecting the Species

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth procedures for listing species, reclassifying species, 
or removing species from listed status. ``Species'' is defined by the 
Act as including any species or subspecies of fish or wildlife or 
plants, and any distinct vertebrate population segment of any species 
of vertebrate fish or wildlife which interbreeds when mature (16 U.S.C. 
1532(16)). A species may be determined to be an endangered or 
threatened species because of any one or a combination of the five 
factors described in section 4(a)(1) of the Act: (A) The present or 
threatened destruction, modification, or curtailment of its habitat or 
range; (B) overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or human-made 
factors affecting its continued existence. A species may be 
reclassified on the same basis.
    Determining whether the status of a species has improved to the 
point that it can be delisted or downlisted requires consideration of 
whether the species is endangered or threatened because of the same 
five categories of threats specified in section 4(a)(1) of the Act. For 
species that are already listed as endangered or threatened, this 
analysis of threats is an evaluation of both the threats currently 
facing the species and the threats that are reasonably likely to affect 
the species in the foreseeable future following the delisting or 
downlisting and the removal or reduction of the Act's protections.
    A species is an ``endangered species'' for the purposes of the Act 
if it is in danger of extinction throughout all or a significant 
portion of its range, and is a ``threatened species'' if it is likely 
to become endangered in the foreseeable future throughout all or a 
significant portion of its range. The word ``range'' in the significant 
portion of its range phrase refers to the range in which the species 
currently exists at the time of this status review. For the purposes of 
this analysis, we first evaluate the status of the species throughout 
all its range, then consider whether the species is in danger of 
extinction or likely to become so in any significant portion of its 
range.

Factor A: The Present or Threatened Destruction, Modification, or 
Curtailment of its Habitat or Range

    At the time of listing (42 FR 40682, August 11, 1977), the present 
or threatened destruction, modification, or curtailment of habitat or 
range was identified as a factor affecting island night lizards on San 
Clemente, San Nicolas, and Santa Barbara Islands. Threats attributed to 
this factor included the introduction of nonnative herbivores and the 
continuing negative effects of overgrazing on the native vegetation, 
including those plants identified as island night lizard habitat (42 FR 
at 40683-40684). The introduction of nonnative plant species was also 
discussed in the listing rule (42 FR at 40684), although under Factor 
E. Since listing, and as identified in the 2006 5-year review of the 
island night lizard (Service 2006, pp. 10-24), threats from nonnative 
plants, land use or development, and fire also were considered 
potential threats to island night lizard habitat and are discussed 
under Factor A. The 2012 5-year review and the proposed delisting rule 
addressed the potential threat of erosion to island night lizard 
habitat or range under Factor A (Service 2012a, pp. 26-27; 78 FR 7908, 
7918-7927), and thus it is also included in this discussion. 
Additionally, we include discussion on potential impacts of climate 
change to habitat under Factor A (as well as Factor E as it relates to 
impacts to individuals of the species itself).
Nonnative Animals
    At listing, we determined that overgrazing by introduced, nonnative 
herbivores was a threat to island night lizard habitat on all occupied 
islands throughout the species' range (42 FR 40682, 40683-40684). 
Nonnative herbivores were introduced to San Clemente, San Nicolas, and 
Santa Barbara Islands during the mid-1800s to the mid-1900s, resulting 
in the degradation of island night lizard habitat (42 FR at 40682-
40683; Navy 2002, pp. 3.34-3.35; Navy 2005, p. 7). In both the 2006 and 
2012 5-year reviews, as well as the proposed delisting rule, we 
reported that all nonnative herbivores had been removed from these 
islands (Service 2006, pp. 11-12; Service 2012a, p. 19; 78 FR 7908, 
7919). We also concluded in those documents that habitat destruction or 
modification from the introduction of nonnative herbivores was no 
longer a threat to the species now or likely to become a threat in the 
future, due to ongoing management efforts conducted by the Navy on San 
Clemente and San Nicolas Islands, and by the NPS on Santa Barbara 
Island (Service 2006, pp. 11-12; Service 2012a, p. 19; 78 FR at 7919).
    No new information indicates that there has been a reintroduction 
of nonnative animals to San Clemente, San Nicolas, or Santa Barbara 
Islands, or that nonnative animals have become a threat to island night 
lizard habitat on the islands since publication of the proposed 
delisting rule. See the proposed rule to delist the island night lizard 
for a detailed discussion of the historical land use by nonnative 
animals on all three islands, ongoing actions to prevent the 
reintroduction of nonnative animals to the three islands, and ongoing 
revegetation efforts to restore native habitat on all three islands (78 
FR 7908, 7918-7919).
San Clemente Island
    The Navy continues to implement management policies to eliminate 
the possible reintroduction of nonnative animals to San Clemente 
Island. Additionally, the Navy continues to restore native vegetation, 
including plant species identified as island night lizard habitat to 
San Clemente Island. In 2012, the Navy placed 1,124 native plants at 
three different locations on San Clemente Island (Navy 2013a, p. 17). 
Of the 1,124 native plants outplanted, 104 consisted of Artemisia spp., 
37 consisted of Constancea nevinii, and 15 consisted of Eriogonum 
giganteum, which provide low- to moderate-quality habitat for the 
island night lizard (Navy 2013a, pp. 12-13). Therefore, due to ongoing 
management and restoration efforts conducted by the Navy, we continue 
to conclude that habitat destruction or modification from the 
introduction of nonnative herbivores is no longer a threat to island 
night lizard habitat on San Clemente Island, nor is it likely to become 
a threat in the future.
San Nicolas Island
    The Navy continues to implement management policies to eliminate 
the possible reintroduction of nonnative animals to San Nicolas Island. 
Additionally, in 2012, the Navy completed development of a nursery on 
the island to grow and outplant native plants to restore native habitat 
and assist in erosion control (Ruane 2013a, pers. comm.). To date, the 
Navy has placed approximately 1,300 plants on the western side of San 
Nicolas Island (Vartanian 2013, pers. comm.) where island night lizard 
habitat is limited. Of the 1,300 native plants species outplanted, 
there were 780 Atriplex californica, 32 Calystegia macrostegia,

[[Page 18201]]

and 332 Isocoma menziesii that provide low- to moderate-quality for the 
island night lizard (Vartanian 2013, pers. comm.; Navy 2013a, p. 13). 
Additionally, the Navy has begun to outplant Opuntia spp. on San 
Nicolas Island, which provides high-quality habitat for the island 
night lizard (Ruane 2013a, pers. comm.). Therefore, due to ongoing 
management and restoration efforts conducted by the Navy, we continue 
to conclude that habitat destruction or modification from the 
introduction of nonnative herbivores is no longer a threat to island 
night lizard habitat on San Nicolas Island, nor is it likely to become 
a threat in the future.
Santa Barbara Island and Sutil Island
    Since 2007, the MSRP has conducted native plant restoration 
projects on Santa Barbara Island (Harvey and Barnes 2009, pp. 15-22) to 
benefit Xantus's Murrelet (Synthiliboramphus hypoleucus) and Cassin's 
Auklet (Ptychoramphus aleuticus) (Harvey and Barnes 2009, p. 4). Many 
of the native plants used in these restoration projects also provide 
island night lizard habitat, including low- to moderate-quality habitat 
(Coreopsis gigantea, Eriogonum giganteum var. compactum, Deinandra 
clementina, Constancea nevinii, Artemisia nesiotica (sage), and 
Baccharis pilularis) and high-quality habitat (Lycium californicum) 
(Fellers and Drost 1991, p. 34; Fellers et al. 1998, pp. 11-12; Harvey 
and Barnes 2009, p. 7; Mautz 2001a, p. 23; Navy 2005, p. 30). Since 
2007, the MSRP has restored approximately 5 ac (2 ha) of native habitat 
on Santa Barbara Island, consisting of 19,560 native plants (Harvey 
2013, pers. comm.).
    We expect the amount and distribution of habitat to remain 
relatively stable in the future, because the major threat to habitat 
(nonnative herbivores) has been eliminated and the NPS has an active 
habitat management and restoration program. The NPS also continues to 
implement management policies to eliminate the possible reintroduction 
of nonnative animals to Santa Barbara Island. Therefore, we continue to 
conclude that habitat destruction or modification from the introduction 
of nonnative herbivores is no longer a threat to island night lizard 
habitat on Santa Barbara Island, nor is it likely to become a threat in 
the future.
Nonnative Plants
    At listing, the introduction of nonnative plants was noted as 
having adversely impacted all California Channel Islands (42 FR 40682, 
40684, August 11, 1977). While the introduction of nonnative herbivores 
impacted much of the native vegetation, nonnative plants introduced to 
the islands have also modified habitat for the island night lizard. In 
the 2006 5-year review, we noted that nonnative plant species may alter 
ecosystem dynamics by changing soil nitrogen cycling, and may compete 
with native plants for space or other resources such as light, water, 
and nutrients (Service 2006, p. 12). Nonnative plant species can also 
alter ecological processes such as fire frequency that could otherwise 
affect the persistence of the island night lizard (Navy 2002, p. 
3.114). Low densities of island night lizards observed in some of the 
nonnative plant communities suggest that modification of the native 
plant communities can reduce the available resources for this taxon. 
The 2006 and 2012 5-year reviews and the proposed delisting rule for 
the island night lizard found that habitat destruction or modification 
from the introduction of nonnative plants is of potential concern, but 
due to current management and preventative actions implemented on all 
occupied islands, is not a substantial threat to the species throughout 
its range now and in the future (Service 2006, p. 13; Service 2012a, 
pp. 20-22; 78 FR 7908, 7919-7921).
    No new information indicates that nonnative plants have become a 
threat to island night lizard habitat on San Clemente, San Nicolas, or 
Santa Barbara Islands. Although nonnative plants will continue to pose 
a risk to island night lizard habitat, the Navy and NPS have taken 
steps to curtail the introduction and spread of nonnative plants, and 
such steps are expected to continue into the future. See the proposed 
delisting rule for a detailed discussion on nonnative plants and 
ongoing management actions implemented by the Navy on San Clemente and 
San Nicolas Islands, and NPS on Santa Barbara Island to prevent the 
further introduction of nonnative plants (78 FR 7908, 7919-7921).
San Clemente Island
    The Navy continues to implement management policies to eliminate 
the possible reintroduction of nonnative plants and actively manages 
existing nonnative plant species on San Clemente Island. For example, 
in 2012, the Navy treated 14,597 nonnative plants (consisting of 13 
different nonnative species) throughout the range of the island night 
lizard on San Clemente Island (Navy 2013a, pp. 22-25). Therefore, we 
continue to conclude that, given the current and anticipated levels of 
management, habitat destruction or modification from the introduction 
of nonnative plants is no longer a threat to island night lizard 
habitat on San Clemente Island, nor is it likely to become a threat in 
the future.
San Nicolas Island
    The Navy continues to implement management policies to eliminate 
the possible reintroduction of nonnative plants and actively manages 
existing nonnative plant species on San Nicolas Island. Since 2012, the 
Navy has continued the annual treatment and monitoring of select 
nonnative species on San Nicolas Island, such as Brassica tournefortii 
(Saharan mustard) (Ruane 2013b, pers. comm.). From 2012 to 2013, the 
Navy conducted reconnaissance efforts to identify B. tournefortii on 
approximately 86 ac (34.8 ha) of San Nicolas Island (Navy 2013a, p. 5), 
and applied herbicide treatments accordingly. Per our coordination 
efforts with the Navy, we anticipate they will continue nonnative plant 
removal treatments into the future. Therefore, we continue to conclude 
that habitat destruction or modification from the introduction of 
nonnative plants is not a threat to island night lizard habitat on San 
Nicolas Island, nor is it likely to become a threat in the future.
Santa Barbara Island and Sutil Island
    The NPS continues to propagate native species at their greenhouse, 
including those found within low- to moderate-quality island night 
lizard habitat (such as Coreopsis gigantea, Eriogonum giganteum var. 
compactum, Deinandra clementina, Constancea nevinii, Artemisia 
nesiotica, Baccharis pilularis), and high-quality habitat (such as 
Lycium californicum) (Fellers and Drost 1991, p. 34; Fellers et al. 
1998, pp. 11-12; Mautz 2001a, p. 23, Navy 2005, p. 30). From 2007 to 
2012, NPS planted 19,560 native plants on Santa Barbara Island, some of 
which as discussed above provide habitat for island night lizards 
(Harvey 2013, pers. comm.; Little 2011, pers. obs.). To date, 
approximately 5 ac (2 ha) of native habitat have been restored to 
benefit seabirds, including some which also benefit the island night 
lizard, on Santa Barbara Island (Little 2011, pers. obs.; Harvey 2013, 
pers. comm.). Additionally, from 2007 to 2011, the NPS in coordination 
with the MSRP conducted nonnative plant species removal from Santa 
Barbara Island on 4.5 ac (1.8 ha) (Harvey 2012, pers. comm.).
    The NPS also drafted a General Management Plan for the Channel 
Islands, which addresses the continuing effort to monitor and restore 
native vegetation on Santa Barbara Island (NPS 2013, entire). This 
draft General

[[Page 18202]]

Management Plan continues to emphasize the eradication of all nonnative 
floras from the island (NPS 2013, pp. 50, 83). Although this plan has 
yet to be finalized, due to current and future management efforts 
described above, we continue to conclude that habitat destruction or 
modification from the introduction of nonnative herbivores is no longer 
a threat to island night lizard habitat on Santa Barbara and Sutil 
Islands, nor is it likely to become a threat in the future.
Land Use and Development
    At listing (42 FR 40682, August 11, 1977), the destruction or 
modification of habitat from land use and development was not 
identified as a threat to the island night lizard. While development 
activities can reduce available habitat for island night lizards, 
potentially resulting in the direct loss of individuals, the 2006 and 
2012 island night lizard 5-year reviews and the proposed delisting rule 
concluded that land use and development is not a substantial threat to 
the species or its habitat throughout the species' range (Service 2006, 
p. 18; Service 2012a, pp. 22-24; 78 FR 7908, 7921-7922).
    No new information indicates that land use and development has 
become a threat to the island night lizard or its habitat on San 
Clemente, San Nicolas, or Santa Barbara Islands. See the proposed 
delisting rule for a detailed discussion on the historical and current 
land use and development practices by the Navy on San Clemente and San 
Nicolas Islands, and NPS on Santa Barbara Island (78 FR 7908, 7921-
7922).
San Clemente Island
    While island night lizard habitat loss and disturbance occur on San 
Clemente Island as a result of military land use and development 
projects (such as training and testing activities), the Navy continues 
to conduct adequate management efforts, such as nonnative species 
removal, native plant growth and outplantings, and erosion control 
(Navy 2002, pp. 3.115-3.1156; Navy 2013b, pp. 35-54, 113-122; Munson 
2013, pers. comm.) to minimize or avoid the effects on the island night 
lizard and its habitat, and we expect these efforts to continue even 
with delisting. Therefore, we continue to conclude that habitat 
destruction or modification from land use and development is not a 
substantial threat to the island night lizard or its habitat on San 
Clemente Island, nor is it likely to become a threat in the future.
San Nicolas Island
    Like San Clemente Island, island night lizard habitat loss and 
disturbance occur on San Nicolas Island as a result of military land 
use and development projects (such as training and testing activities). 
However, the Navy continues to conduct adequate management efforts to 
minimize the effects on the island night lizard and its habitat. For 
example, the Navy has developed a plant nursery on San Nicolas Island 
and is currently cultivating Opuntia littoralis and is in the process 
of cultivating Lycium californicum to outplant surrounding areas 
affected by the creation of a wind energy project (Ruane 2013a, pers. 
comm.; Vartanian 2013, pers. comm.). We expect these efforts to 
continue even with delisting. In addition, high-quality habitat on San 
Nicolas Island is distributed in areas that are currently not developed 
or proposed for use or development (Navy 2010, p. D-27; Ruane 2013e, 
pers. comm.). Therefore, we continue to conclude that land use and 
development is not a substantial threat to the island night lizard or 
its habitat on San Nicolas Island, nor is it likely to become a threat 
in the future.
Santa Barbara Island and Sutil Island
    The current status of Santa Barbara Island as a unit of the 
National Park System protects the island night lizard and its habitat 
from impacts related to future land use or development. Currently, 
other than recreational camping, land is little used on Santa Barbara 
Island, and this land use pattern is not expected to change. As such, 
we continue to conclude that land use and development are not a 
substantial threat to the island night lizard or its habitat on Santa 
Barbara and Sutil Islands, nor are likely to become so in the future.
Fire
    At listing (42 FR 40682, August 11, 1977), fire was not identified 
as a threat to the island night lizard or its habitat. Fire would 
normally be a rare occurrence on San Clemente, San Nicolas, and Santa 
Barbara Islands, but human use and occupancy of the islands have 
increased the incidence of wildfires on all three islands to varying 
degrees. Where fires do occur, they may destroy island night lizard 
habitat, which reduces cover that assists with thermoregulation, 
increases exposure to predators, creates a short-term reduction in prey 
availability, and potentially harms individuals (Mautz 2001, p. 27; 
Service 2006, p. 13; 78 FR 7908, 7922).
    San Clemente and San Nicolas Islands have an increased potential 
for fire due to military activities and the presence of nonnative, 
annual grasses, which increase the amount of flammable fuels (Service 
2006, pp. 13-15; Service 2012a, pp. 23-26; 78 FR 7908, 7927). Based on 
historical records and current land use, high fire frequency on Santa 
Barbara Island is an unlikely occurrence that would be limited to 
ignitions caused by human negligence. Although fire is a potential 
threat on all three islands, ongoing fire management policies, plans, 
and actions being implemented through the Navy's INRMPs, fire 
management plans, and NPS's general management policies have helped to 
avoid or minimize the potential risk of fire. See the proposed 
delisting rule for a detailed discussion on the historical effects of 
fire and current fire management practices by the Navy on San Clemente 
and San Nicolas Islands, and NPS on Santa Barbara Island (78 FR at 
7922-7923). No new information indicates that fire has become a threat 
to the island night lizard or its habitat on San Clemente, San Nicolas, 
and Santa Barbara Islands since publication of the proposed delisting 
rule.
San Clemente Island
    As mentioned above, fires do occur on San Clemente Island due to 
military related activities. In 2012, 15 fires burned approximately 
3,500 ac (1,416 ha) of land on San Clemente Island (Navy 2012, pp. 27-
35). Of these 15 fires, 9 of them burned a total of 1.8 ac (0.7 ha) of 
moderate- to high-quality island night lizard habitat on the northern 
end of the island outside of the INLMA (Navy 2012, pp. 27-29). All of 
the nine fires burned with light to moderate intensity, which indicates 
that the effects of the fires on the shrubs composing moderate- to 
high-quality island night lizard habitat were classified as burned to 
singed, with some to many of these shrubs resprouting and recovering 
(Navy 2012, pp. 26, 28-29). Five fires burned 1,253 ac (507 ha) of low- 
to moderate-quality island night lizard habitat outside of the INLMA in 
the southern portion of the island classified as the Shore Bombardment 
Area where live-fire training (e.g., artillery and mortars) occurs 
(Navy 2002, p. 2.4; Navy 2012, pp. 27, 31-35). Four of these five fires 
burned 1,222 ac (495 ha) lightly to moderately, including both low- and 
moderate-quality island night lizard grassland habitat, while one fire 
only singed approximately 31 ac (13 ha) of high-quality island night 
lizard habitat (Navy 2012, pp. 26-27, 31-35). Effects on shrubs within 
these five fires varied (from not affected, to singed, to burned) with 
some to many of these shrubs

[[Page 18203]]

resprouting and recovering (Navy 2012, pp. 26-27, 31-35). Effects on 
herbs and grasses were also noted; within these five fires herbs and 
grasses were burned to ash with some resprouting (Navy 2012, pp. 26-27, 
31-35). The largest fire lightly burned 2,146 ac (869 ha) of low-
quality island night lizard grassland habitat outside of the INLMA 
(Navy 2012, pp. 27, 29).
    Although these fires did burn some moderate- to high-quality island 
night lizard habitat, all of the fires occurred outside of the INLMA 
where the majority of high-density island night lizard habitat occurs 
on San Clemente Island. Additionally, none of the moderate- to high-
quality habitat burned to ash, and nearly all had signs of resprouting 
(Navy 2012, pp. 26-35). Therefore, we continue to conclude that fire is 
not a substantial threat to the island night lizard or its habitat, nor 
is it likely to become a threat in the future due to current fire 
management practices implemented through the Navy's INRMP, the amount 
of moderate- to high-quality island night lizard habitat, and large 
population of island night lizards on San Clemente Island.
San Nicolas Island
    No fires occurred on San Nicolas Island in 2012 (Ruane 2013c, pers. 
comm.). Due to continued fire management efforts implemented through 
the Navy's INRMP on San Nicolas Island, we continue to conclude that 
fire is not a substantial threat to the island night lizard or its 
habitat on San Nicolas Island, nor is it likely to become a threat in 
the future.
Santa Barbara Island and Sutil Island
    No fires occurred on Santa Barbara Island in 2012 other than 
permitted campfires (Rodriguez 2013b, pers. comm.), and no fires 
occurred on Sutil Island. Due to limited human use on the island and 
fire management efforts implemented through the Channel Islands 
National Park Fire Management Plan (NPS 2006b) (as described in the 
proposed delisting rule, 78 FR 7908, 7924), we continue to conclude 
that fire is not a substantial threat to the island night lizard or its 
habitat on Santa Barbara and Sutil Islands, nor is it likely to become 
a threat in the future.
Erosion
    Although erosion was not identified as a threat to the island night 
lizard or its habitat at listing (42 FR 40682, August 11, 1977), the 
impact from erosion has since been identified as a general threat to 
the habitats on the Channel Islands, including San Clemente, San 
Nicolas, and Santa Barbara Islands (Navy 2002, pp. 3.58-3.68; NPS 2006, 
p. 62; Navy 2010, pp. 3.52-3.54). However, the 2006 and 2012 5-year 
reviews and the proposed delisting rule concluded that erosion is not a 
substantial threat to island night lizard habitat on any of the 
occupied islands (Service 2006, pp. 12, 16; Service 2012a, pp. 28-29; 
78 FR 7908, 7924-7925).
    No new information indicates that erosion has become a threat to 
island night lizard habitat on San Clemente, San Nicolas, and Santa 
Barbara Islands since publication of the proposed delisting rule. 
Erosion caused by ongoing military activities on San Clemente and San 
Nicolas Islands currently affects island night lizard habitat; however, 
impacts are primarily a consequence of the historical introduction of 
nonnative herbivores (which no longer inhabit any of the islands) and 
land use operations. Ongoing management efforts are currently 
implemented by the Navy to minimize, reduce, and restore areas where 
erosion has occurred through implementation of best management 
practices and erosion control plans. On Santa Barbara Island, erosion 
from wind, wave action, and the effects of overgrazing are evident and 
continue to contribute to alteration of habitat; however, new sources 
of human-caused erosion on the island, which could exacerbate current 
conditions, are minimal given the limited amount of human use on the 
island. See the proposed delisting rule for a more detailed discussion 
on the historical effects of erosion and current erosion management 
practices by the Navy on San Clemente and San Nicolas Islands, and NPS 
on Santa Barbara Island (78 FR 7908, 7924-7925).
San Clemente Island
    Since publication of the proposed rule to remove the island night 
lizard from the List, the Navy finalized an Erosion Control Plan for 
San Clemente Island (Navy 2013b). Goals of the Erosion Control Plan are 
to minimize impacts of soil erosion within maneuver areas and to 
minimize offsite impacts; prevent erosion from adversely affecting 
sensitive resources such as federally listed or proposed species or 
their habitats, including the island night lizard; and prevent erosion 
from significantly impacting other sensitive resources including 
sensitive plant and wildlife species and their habitat (Navy 2013b, pp. 
3, 5). The Erosion Control Plan addresses military operations 
associated with the Infantry Operation Area, Assault Vehicle Maneuver 
Areas, Artillery Maneuver Points, and Artillery Firing Points, and 
provides site-specific erosion control recommendations for these areas 
encompassing 1,123 (ac) (454 ha), all of which are occupied by the 
island night lizard (Navy 2013b, pp. 55-112). Erosion management within 
these areas addresses and includes guidelines for restriction of 
vehicle maneuvering when soils are wet, operator education, vegetation 
management, fire management, and methods for gully prevention and 
restoration (Navy 2013b, pp. 35-54).
    Additionally, the Erosion Control Plan includes an adaptive 
management and monitoring plan, which provides specific measureable 
objectives for soil movement and plant cover within the maneuver areas; 
specific methods to monitor these objectives; specific targets to 
assess success or failure of best management practices to minimize and 
prevent soil erosion; and a list of potential actions to be taken if 
these targets are not met (Navy 2013b, pp. 113-122). Methods utilized 
to monitor these objectives include visual inspections, sediment 
monitoring, vegetation transects, soil moisture and trafficability, 
erosion feature mapping, and photopoints (Navy 2013b, pp. 113-120). 
Therefore, we continue to conclude that erosion is not a substantial 
threat to island night lizard habitat on San Clemente Island, nor is it 
likely to become a threat in the future.
San Nicolas Island
    The Navy has continued to implement measures to restore areas that 
have been affected by erosion. In 2012, the Navy completed development 
of a nursery on the island to grow and outplant native plants to 
restore native habitat and assist in erosion control on San Nicolas 
Island (Ruane 2013a, pers. comm.). To date, approximately 1,300 plants 
have been planted on the western side of San Nicolas Island (Vartanian 
2013, pers. comm.). These plants include Abronia ssp., Acmispon 
argophyllus var. argenteus, Distichlis spicata, and other plants that 
provide low- to moderate-quality habitat conditions for the island 
night lizard, such as Atriplex californica, Calystegia macrostegia, and 
Isocoma menziesii (Vartanian 2013, pers. comm.). Additionally, the Navy 
continues to implement BMPs to prevent and minimize erosion on San 
Nicolas Island. Therefore, based on the best available information, we 
continue to conclude that erosion is not a substantial threat to island 
night lizard habitat on San Nicolas Island, nor is it likely to become 
a substantial threat in the future.

[[Page 18204]]

Santa Barbara Island and Sutil Island
    Currently, NPS management policies dictate that the NPS will 
actively preserve soil resources, prevent unnatural erosion, and 
prevent or minimize potentially irreversible impacts on soil (NPS 
2006a, p. 56). Therefore, based on the best available information about 
current erosion levels and NPS efforts to preserve soil resources, we 
continue to conclude that erosion is not a substantial threat to island 
night lizard habitat on Santa Barbara and Sutil Islands, nor is it 
likely to become a threat in the future.
Climate Change
    At the time of listing (42 FR 40682, August 11, 1977), we did not 
find climate change to be a threat to the island night lizard or its 
habitat. The 2006 and 2012 5-year reviews and the proposed delisting 
rule concluded that generally, climate change is predicted to result in 
warmer air temperatures, lower rainfall amounts, and rising sea levels; 
however, it is currently unknown how climate change will specifically 
affect island night lizard habitat on San Clemente, San Nicolas, and 
Santa Barbara Islands (Service 2006, p. 24; Service 2012a, pp. 38-39; 
78 FR 7908, 7925-7926). The island night lizard may be more susceptible 
to natural catastrophes on San Nicolas and Santa Barbara Islands 
because of its restricted distribution on those islands, while its 
greater numbers and distribution on San Clemente Island may indicate 
the island night lizard is less susceptible to stochastic events on 
that island. Regardless, we expect that the island night lizard's 
susceptibility to climate change is somewhat reduced by its ability to 
use varying habitat types and by its broad generalist diet. See the 
proposed delisting rule for a more detailed discussion on climate 
change (78 FR at 7925-7926).
    Since publication of the proposed delisting rule (78 FR 7908), no 
new information indicates that climate change has become a substantial 
threat to island night lizard habitat on San Clemente, San Nicolas, or 
Santa Barbara Islands, or that it will become a substantial threat to 
habitat in the future. Therefore, we continue to conclude that climate 
change is not a substantial threat to island night lizard habitat 
throughout the species' range, nor is it likely to become a threat in 
the future.
Factor A Summary
    Since publication of the proposed delisting rule (78 FR 7908), no 
new information indicates that loss and modification of island night 
lizard habitat by nonnative herbivores, nonnative plants, land use and 
development, fire, erosion, and climate change have become a 
substantial threat to the island night lizard or its habitat on San 
Clemente, San Nicolas, and Santa Barbara Islands. The Navy on San 
Clemente and San Nicolas Islands continues to monitor for these 
concerns and conduct management efforts through implementation of 
INRMPs and management plans on the two islands to ensure that these 
concerns do not threaten the island night lizard or its habitat now or 
in the future, and we expect these efforts to continue in the future. 
Additionally, the NPS on Santa Barbara Island (and adjacent Sutil 
Island) continues to monitor for these concerns and conducts management 
efforts through implementation of the Organic Act and management plans 
that avoid or minimize these threats to the island night lizard or its 
habitat now or in the future.
    Therefore, we continue to conclude that habitat destruction or 
modification from introduction of nonnative taxa, land use and 
development, fire, erosion, and climate change do not pose a 
substantial threat to the island night lizard or its habitat on San 
Clemente, San Nicolas, and Santa Barbara Islands (including Sutil 
Island) now, nor are they likely to become threats in the future.

Factor B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Overutilization for commercial, recreational, scientific, or 
educational purposes was not identified as a threat to the island night 
lizard at listing (42 FR 40682, August 11, 1977). The 2006 and 2012 5-
year reviews and the proposed delisting rule did not identify 
overutilization for commercial, recreational, scientific, or 
educational purposes as a threat to the island night lizard (Service 
2006, p. 18; Service 2012a, p. 28; 78 FR 7908, 7927). Currently, island 
night lizards on San Clemente and San Nicolas Islands are only captured 
for scientific purposes or for relocation efforts due to Navy projects 
in accordance with permitted activities covered by a section 
10(a)(1)(A) permit under the Act. However, at the Eucalyptus sampling 
site on San Nicolas Island, all island night lizards have disappeared, 
and researchers believe their disappearance is due to unpermitted 
collection of the species (Fellers 2013, pers. comm.; Drost 2013, pers. 
comm. 2013). While we lack specific evidence indicating these lizards 
were collected by other persons, the loss of these individuals is of 
concern and should be further monitored; however, this situation is not 
a substantial threat to the population as a whole on San Nicolas 
Island.
    Currently, we have issued four active section 10(a)(1)(A) permits 
for the island night lizard. Research activities may result in impacts 
to some individuals (use of pitfall traps and toe-clipping); however, 
they do not constitute a significant threat to the species (Service 
2012a, p. 31). The Navy has been notified that collection of the island 
night lizard might be occurring at one site on San Nicolas Island 
(Fellers 2013, pers. comm.). Aside from this, capture of island night 
lizards for commercial or other nonpermitted activities is unlikely to 
occur on San Clemente or San Nicolas Islands because access to these 
islands is strictly limited by the Department of Defense. No available 
information indicates that visitors to Santa Barbara Island are 
actively collecting island night lizards. Although it is possible that 
someone visiting or working on any of the islands could collect island 
night lizards, based on the best available information, we have no 
indication that such activities are occurring.
    Therefore, based on the limited number of active section 
10(a)(1)(A) permits and lack of evidence that collection is occurring 
on either San Clemente or Santa Barbara Island, we find that 
overutilization for commercial, recreational, scientific, or 
educational purposes is not currently a substantial threat, nor is it 
likely to become a substantial threat to the species on San Clemente 
and Santa Barbara Islands in the future. Additionally, although some 
lizards appear to have been collected from one site on San Nicolas 
Island, this is not a substantial threat to the island-wide population, 
which numbers at approximately 15,300 lizards (Service 2012,a p. 31), 
and the Navy has been notified of potential unauthorized activity.

Factor C. Disease or Predation

Disease
    Disease was not identified as a threat to the island night lizard 
at listing (42 FR 40682, August 11, 1977), in the 2006 or 2012 5-year 
reviews, or in the proposed delisting rule (Service 2006, p. 19; 
Service 2012a, p. 29; 78 FR 7908, 7927). Additionally, no new 
information indicates that disease has become a threat on San Clemente, 
San Nicolas, or Santa Barbara Islands. Therefore, we continue to 
conclude that disease is not a threat to the island night lizard on any

[[Page 18205]]

of the islands, nor is it likely to become a threat in the future.
Predation
    At the time of listing (42 FR 40682, August 11, 1977), we 
identified predation of island night lizards as a threat to the species 
due to the introduction of nonnative feral cats and pigs to San 
Clemente Island (42 FR at 40683). The listing rule (42 FR at 40684) 
also indicated that the introduction of the nonnative southern 
alligator lizard to San Nicolas Island might pose a threat to the 
island night lizard through depredation or increased competition (42 FR 
at 40684). Currently, each island has native predators, such as foxes 
and raptors, but the best commercial and scientific available 
information does not indicate these predators are a substantial threat 
to the island night lizard now or in the future.
    No new information indicates current native and nonnative predators 
on San Clemente Island, San Nicolas, and Santa Barbara Islands have 
become a substantial threat to the island night lizard. See the 
proposed delisting rule for a detailed discussion of predation and 
management efforts and policies implemented by the Navy on San Clemente 
Island and San Nicolas Island, and NPS on Santa Barbara Island, to 
monitor and eliminate the future introduction of nonnative predators 
(78 FR 7908, 7927-7928).
San Clemente Island
    Since listing, nonnative predators have been identified on San 
Clemente Island, including feral cats, black rats, and a single gopher 
snake (Pituophis catenifer). The 2006 and 2012 5-year reviews and the 
proposed delisting rule concluded that predation by feral cats was not 
a substantial threat due to predator management actions implemented 
through the Navy's INRMP and the large lizard population on the island 
(Service 2006, p. 19; Service 2012, p. 32; 78 FR 7908, 7928). 
Additionally, since the removal of the single gopher snake, no other 
snakes have been identified on San Clemente Island (Service 2012, p. 
32). Despite our review of the best scientific and commercial 
information available, the information does not indicate whether or how 
often black rats prey upon island night lizards. Therefore, due to 
current predator management efforts implemented by the Navy on San 
Clemente Island that we expect to continue in the future, we continue 
to conclude that predation is not a substantial threat to the island 
night lizard, nor is it likely to become a threat in the future.
San Nicolas Island
    The 2006 5-year review indicated that the introduction of two 
nonnative lizards (southern alligator lizard and side-blotched lizard) 
may impact island night lizards on San Nicolas Island (Service 2006, p. 
20). Although the distribution of the southern alligator lizard and 
island night lizard on San Nicolas Island does overlap, Fellers et al. 
(2009, p. 18) noted that southern alligator lizards primarily occur in 
different habitats and there is no indication of negative impacts to 
the island night lizard. The 2012 5-year review and proposed delisting 
rule concluded that the two nonnative lizards were not a predation 
threat to the island night lizard (Service 2012a, p. 32; 78 FR 7908, 
7928).
    In the 2006 5-year review, we concluded that feral cat predation 
threatened the island night lizard due to the small lizard population 
and the large feral cat population on San Nicolas Island (Service 2006, 
p. 20). However, in 2009, the Navy began implementing a feral cat 
removal program and announced the successful completion of this project 
in February 2012 (Little 2012, pers. comm.). Based on the successful 
feral cat eradication efforts, we subsequently concluded in the 2012 5-
year review and proposed delisting rule that feral cats were no longer 
a threat to the island night lizard on San Nicolas Island (Service 
2012a, p. 30; 78 FR 7908, 7928). Therefore, due to current management 
efforts implemented by the Navy on San Nicolas Island that we expect to 
continue in the future, we continue to conclude that predation is not a 
substantial threat to the island night lizard on that island, nor is it 
likely to become a threat in the future.
Santa Barbara and Sutil Island
    The 2006 and 2012 5-year reviews and the proposed delisting rule 
for the island night lizard concluded that Santa Barbara Island does 
not support any nonnative predators, but does support populations of 
native predators of the island night lizard, including burrowing owl 
(Athene cunicularia), American kestrel (Falco sparverius), and barn owl 
(Tyto alba) (Service 2006, p. 19; Service 2012a, p. 33; 78 FR 7908, 
7928). While natural predators may pose a threat to individual island 
night lizards (Service 2012a, p. 33; 78 FR at 7928), they do not pose a 
substantial threat to the continued existence of the species on Santa 
Barbara Island due to the current number of lizards on the island, 
highly sedentary nature of the lizard, and tendency to remain under 
shelter such as dense vegetation or rock, which limits their exposure 
to aerial predators (Service 2006, p. 19; Service 2012a, p. 33; 78 FR 
at 7928). To prevent future introductions of nonnative predators to 
Santa Barbara Island, the NPS restricts bringing any animal onto the 
island (NPS 2012). Therefore, due to current management efforts 
implemented by the NPS on Santa Barbara Island that we expect to 
continue in the future, we continue to conclude that predation is not a 
substantial threat to the island night lizard, nor is it likely to 
become a threat in the future.
Factor C Summary
    At the time of listing (42 FR 40682, August 11, 1977), disease was 
not considered a threat to the island night lizard and, as discussed in 
further detail in the 2006 and 2012 5-year reviews as well as the 
proposed delisting rule (Service 2006, p. 19; Service 2012a, p. 29; 78 
FR 7908, 7927), no new information indicates that disease is a threat 
to the island night lizard. Therefore, we continue to conclude that 
disease is not a threat to the island night lizard on any of the 
islands, nor is it likely to become a threat in the future.
    At the time of listing (42 FR 40682, August 11, 1977), predation by 
feral cats and southern alligator lizards was considered a threat, but 
their impacts were not fully understood. Since listing, we have 
identified predation by nonnative lizards, feral cats, and black rats 
as a threat to the species. Recent research indicates that neither the 
southern alligator lizard nor the more recently introduced nonnative 
side-blotched lizard negatively impact the island night lizard on San 
Nicolas Island. Additionally, in 2010, the Navy successfully completed 
a feral cat removal program on San Nicolas Island. The Navy has also 
implemented efforts to control black rats and feral cats on San 
Clemente Island as part of the recovery efforts for the San Clemente 
loggerhead shrike and San Clemente Island sage sparrow. Though black 
rats and feral cats may affect individual island night lizards, they do 
not currently pose a substantial threat to the species on San Clemente 
Island. Since the identification and removal of a single gopher snake 
from San Clemente, no other snakes have been identified on any of the 
occupied islands. No nonnative predators of the island night lizard 
exist on Santa Barbara Island, and native predators on Santa Barbara 
Island do not currently pose a threat to the species existence. Also, 
both the Navy and NPS have policies in place to control the 
introduction of potential predators, and such efforts are expected

[[Page 18206]]

to continue in the future. Therefore, as no new information indicates 
the predation has become a threat to the island night lizard on any of 
the islands, we continue to conclude that predation is not a 
substantial threat to the island night lizard, nor is it likely to 
become a threat in the future.

Factor D. Inadequacy of Existing Regulatory Mechanisms

    The inadequacy of existing regulatory mechanisms was not identified 
as a threat to the island night lizard at the time of listing, in the 
2006 and 2012 5-year reviews, or in the proposed delisting rule. 
Because all islands are under Federal ownership, there are various 
laws, regulations, and policies administered by the Federal agencies 
that provide protective mechanisms for the island night lizard and its 
habitat that will continue after the species' delisting. Primary 
Federal laws that provide some benefit for the species and its habitat 
absent the Act include NEPA, the Sikes Act, the Federal Noxious Weed 
Act, the Soil Conservation and Domestic Allotment Act, and the NPS 
Organic Act. Additionally, INRMPs, management plans, and policies 
implemented by the Navy on San Clemente and San Nicolas Island are 
important guiding documents that help to integrate the military's 
mission with natural resource protection. See the proposed delisting 
rule for a more detailed discussion of the existing regulatory 
mechanisms absent the Act conducted and implemented by the Navy and NPS 
that benefit the island night lizard and its habitat (78 FR 7908, 7929-
7931).
    No new information indicates that inadequacy of existing regulatory 
mechanisms is a threat to the island night lizard or its habitat on San 
Clemente, San Nicolas, and Santa Barbara Islands. Therefore, we 
continue to conclude that existing regulatory mechanisms provide 
adequate protection to the island night lizard and its habitat on all 
of the islands now and will continue to provide adequate protection in 
the future, even with the removal of the protections of the Act.

Factor E. Other Natural or Manmade Factors Affecting the Continued 
Existence of the Species

    The listing rule (42 FR 40682, August 11, 1977) states that island-
adapted taxa are often detrimentally affected by accidental or 
intentional introduction of nonnative species. This threat was the only 
one attributed to Factor E for any of the seven taxa included in that 
rule. Because the primary effect of most nonnative taxa was related to 
habitat or predation, the discussion of introduced, nonnative taxa is 
now included under Factor A as it relates to habitat and Factor C as it 
relates to predation.
    The restricted distribution of the island night lizard on San 
Nicolas and Santa Barbara Islands makes these populations susceptible 
to natural catastrophes such as fires, landslides, or prolonged 
droughts (Service 2006, p. 24). Potential impacts and management 
efforts to reduce or control effects of fire and erosion to habitat are 
discussed under Factor A. The 2012 5-year review and proposed delisting 
rule discuss the potential threat of climate change and its effects on 
precipitation, drought, and sea level rise as it relates to the island 
night lizard (Service 2012a, pp. 39-41; 78 FR 7908, 7925-7926). See the 
proposed delisting rule for a more detailed discussion of climate 
change and its effects on the continued existence of island night 
lizards (78 FR at 7932).
Climate Change
    As discussed under Factor A--Climate Change above, climate change 
poses a potential impact to island night lizards and their habitat 
based on modeling and climate change projections for southern 
California from various sources (Intergovernmental Panel on Climate 
Change 2007, PRBO 2011). Because the best available information for the 
region that encompasses San Clemente, San Nicolas, and Santa Barbara 
Islands refers only to the marine environment and not the terrestrial 
environment occupied by island night lizards (PRBO 2011, p. 4), we are 
utilizing projections made for the Southwestern California ecoregion in 
this threat analysis (see Factor A--Climate Change section above for 
additional discussion on available data, climate model predictions for 
temperature and precipitation, and potential impacts related to island 
night lizard habitat).
    Currently, climate modeling projections for fog (Field et al. 1999, 
pp. 21-22) and precipitation are the subject of uncertainty, with 
relatively little consensus concerning projections for the Southwestern 
California ecoregion (PRBO 2011, p. 40). Additionally and as noted 
above, no specific information is available related to precipitation 
and temperature projections specific to the terrestrial environment of 
the California Channel Islands. The best available data indicate that, 
when daily temperatures increase, lizard species spend more time in 
burrows or refuges and less time foraging (Sinervo et al. 2010, p. 
894). This reduced foraging time could possibly impact growth and 
survival of this already highly sedentary lizard. Drought conditions 
also reduce the arthropod populations in the spring, reducing a food 
source and compounding the effects of climate change (Knowlton 1949, p. 
45; Schwenkmeyer 1949, pp. 37-40; Bolger et al. 2000, p. 1242). 
Therefore, in the event of a prolonged period of warmer air temperature 
and lower rainfall, the island night lizard's habitat and food supply 
could also potentially be reduced. However, island night lizards use a 
variety of habitat types and have a broad generalist diet, which likely 
reduces the species' susceptibility to changing climate. Additionally, 
Sinervo et al. (2010, p. 898) investigated climate change impacts on 
Xantusidae and, though his work focused on the effects of temperature 
change rather than changes in rainfall, he predicted that the species' 
extinction risk for this family is zero through 2080. Therefore, we do 
not consider climate change to be a substantial threat to the island 
night lizard now or in the future.
Factor E Summary
    Although climate change may affect the island night lizard and its 
habitat on all three islands, we expect that the lizard's 
susceptibility to climate change is somewhat reduced by its ability to 
use varying habitat types and by its broad generalist diet. However, 
the best available information does not allow us to make accurate 
predictions regarding the effects of climate change on the island night 
lizard at this time. Therefore, based on the best available 
information, we continue to conclude that climate change is not a 
substantial threat to the island night lizard on San Clemente, San 
Nicolas, and Santa Barbara Islands, nor is it likely to become a threat 
in the future.
Cumulative Effects
    A species may be affected by a combination of threats. Within the 
preceding review of the five listing factors, we identified multiple 
threats that may have interrelated impacts on the island night lizard 
or its habitat. Fire (Factor A) may increase in intensity and frequency 
on all occupied islands if there is an abundance of nonnative plants 
(grasses) (Factor A). Similarly, across all islands occupied by the 
island night lizard, fire (Factor A) may become more frequent if 
climate change results in hotter and drier environmental conditions 
(Factors A and E). An increase in the frequency of fires (Factor A) may 
potentially lead to an increased risk of predation (Factor C) due to 
loss of vegetative cover for the island night lizard in burned areas. 
On San Clemente

[[Page 18207]]

and San Nicolas Islands, land use and development activities (Factor A) 
conducted by the Navy can prompt an increase in erosion (Factor A) and 
the potential for fire (Factor A) in island night lizard habitat. 
Additionally, effects from climate change, such as rising sea level in 
conjunction with increased storm frequency and high-tide wave action 
(Factor A), could potentially impact island night lizard habitat by 
accelerating erosion (Factor A) on all islands. Although island night 
lizard productivity may be reduced because of these threats, either 
alone or in combination, it is not easy to determine whether a specific 
threat is the primary threat having the greatest impact on the 
viability of the species, or whether it is exacerbated by, or 
functioning in combination with, other threats to result in cumulative 
or synergistic effects on the species. The Navy and NPS are actively 
managing for the potential threats described above to minimize impacts 
to the island night lizard and its habitat. It is anticipated that 
their continued management of these potential threats will maintain any 
potential impacts at a level where synergistic effects are not likely 
to result in a substantial impact to the island night lizard or its 
habitat. Therefore, we do not consider the cumulative impact of these 
potential threats to be substantial at this time or in the future.

Determination

    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the island night lizard and its habitat, including information 
presented in the May 1, 1997, and March 22, 2004, petitions; comments 
and information received after publication of our 90-day finding (71 FR 
48900, August 22, 2006); two 5-year status reviews, information 
available in our files; comments and information received on the 
proposed delisting rule, and other available published and unpublished 
information. We also consulted with recognized experts on the island 
night lizard and its habitat, and with other Federal agencies. Impacts 
to the island night lizard and habitat from past threats have been 
reduced or are being actively managed for by the Navy or NPS.
    A species is an ``endangered species'' for purposes of the Act if 
it is in danger of extinction throughout all or a signification portion 
of its range (section 3(6) of the Act) and is a ``threatened species'' 
if it is likely to become an endangered species within the foreseeable 
future throughout all or a significant portion of its range (section 
3(20) of the Act). The Act does not define the term ``foreseeable 
future.'' For purposes of this determination, we define the 
``foreseeable future'' to be the extent to which, given the amount and 
substance of available data, we can anticipate events or effects or 
reliably extrapolate threat trends, such that reliable predictions can 
be made concerning the future as it relates to the status of the island 
night lizard.
    Specifically for the island night lizard, we consider the 
foreseeable future to extend to 2080, which is generally the latest 
time period that most climate change emission scenario models use 
because they lose confidence beyond this point, for the purposes of the 
discussion below. Additionally, all three occupied islands have been 
under Federal ownership since the mid-1930s. The Navy will continue to 
manage and monitor natural resources, including the island night lizard 
and its habitat after the species is delisted, through implementation 
of INRMPs which are revised every 5 years pursuant to the Sikes Act 
Improvement Act of 1997, and numerous management plans and policies 
that manage for nonnative species, fire, and erosion. We expect future 
revisions to take into account management of island night lizards and 
their habitat. The NPS will also continue to manage and monitor all 
natural resources, including the island night lizard and its habitat 
after the species is delisted, through implementation of management 
plans and policies pursuant to the NPS Organic Act. No available 
information indicates that ownership of any of the three islands will 
change in the future. Therefore, we will use the 2080 timeframe 
established for modelling of climate change effects as the foreseeable 
future for all remaining potential threats.
    The reasons for listing the island night lizard as threatened (42 
FR 40682, August 11, 1977) were: Habitat loss or modification through 
the introduction of nonnative herbivores such as feral goats and pigs 
on San Clemente Island; habitat modification through the introduction 
of nonnative plants throughout the species' range (San Clemente, San 
Nicolas, and Santa Barbara Islands); predation by feral cats on San 
Clemente Island; and competition with the southern alligator lizard on 
San Nicolas Island.
    At the time of listing, several threats related to destruction of 
habitat were identified for the island night lizard on one or more of 
the Channel Islands. Since listing, these threats have been addressed 
by multiple actions through implementation of the Navy's INRMPs and the 
NPS's management policies. While a variety of threats existed under 
Factor A, not all threats were present on all three islands.
    All nonnative herbivores have been removed from San Clemente, San 
Nicolas, and Santa Barbara Islands, and the slow process of natural 
recovery of native habitat is ongoing. Additionally, restoration 
efforts by the Navy on San Clemente and San Nicolas Islands, and NPS on 
Santa Barbara Island to outplant native plant species are aiding in the 
recovery of native habitat and ameliorating impacts from erosion. 
Management actions to control, remove, or prevent introduction of 
nonnative plant species are also implemented on all three islands by 
the Navy and NPS.
    Current management efforts on San Clemente and San Nicolas Islands 
to avoid or minimize impacts from land use and development, fire, and 
erosion due to military activities have resulted in reduction of 
threats to the island night lizard or its habitat on those islands. 
Land use and development is not considered a threat to the lizard or 
its habitat on Santa Barbara Island. Fire is also not a substantial 
threat to the lizard or its habitat on Santa Barbara Island due to 
limited human presence, current fire management policy on the island, 
and a fire management plan (FMP) for Channel Islands National Park 
(including Santa Barbara Island). Erosion resulting from historical 
grazing by nonnative herbivores and historical land use practices is 
exacerbated by current military activities. Efforts to control these 
sources of erosion on San Clemente and San Nicolas Islands are 
currently ongoing, as outlined in the Navy's INRMPs for both islands 
and Erosion Control Plan on San Clemente Island. As a result of 
management efforts by the Navy and NPS, we do not consider any of these 
threats to the island night lizard habitat to be substantial on any of 
the occupied islands, nor do we expect them to become so in the 
foreseeable future.
    Disease is not a current threat for the island night lizard on any 
of the islands where it occurs nor do we anticipate it to be in the 
foreseeable future; however, predation has impacted the species in the 
past and continues to be a potential impact to individuals on San 
Clemente Island. We do not consider predation to be a substantial 
threat currently or in the foreseeable future due to ongoing feral cat 
removal efforts implemented through the Navy's INRMP. All feral cats 
have been removed from San Nicolas Island, and predation is not a 
threat to the lizard on Santa Barbara Island. Finally, research 
indicates that

[[Page 18208]]

the southern alligator lizard is not a threat to the island night 
lizard on San Nicolas Island.
    The overutilization for commercial, recreational, scientific, or 
educational purposes and inadequacy of regulatory mechanisms are not 
threats to the island night lizard on any of the occupied islands, nor 
do we anticipate them to become threats in the foreseeable future.
    Climate change has been identified as a potential threat with 
regard to the present or threatened destruction, modification, or 
curtailments of its habitat, as well as with regard to other human and 
manmade factors. However, we cannot precisely determine how climate 
change will potentially impact the island night lizard and its habitat 
on San Clemente, San Nicolas, and Santa Barbara Islands. The species' 
biology indicates that the lizard may be able to withstand some changes 
in habitat conditions. Therefore, we do not consider climate change to 
be a substantial threat to the species throughout its range now or in 
the foreseeable future.
    At the time of listing, the number of island night lizards on San 
Clemente, San Nicolas, and Santa Barbara Islands was unknown. Research 
conducted since then indicates that approximately 21 million island 
night lizards occur on San Clemente Island, 15,300 lizards occur on San 
Nicolas Island, and 17,600 lizards occur on Santa Barbara Island. While 
no new population numbers are available, new habitat assessments 
indicate that the amount of quality habitat supporting the island night 
lizard has increased on each of the islands. It is likely that the 
number of lizards has increased in association with the increase of 
quality habitat on all three islands. Currently, the Navy conducts 
monitoring for management actions that impact threatened or endangered 
species, including the island night lizard, as required by its INRMP. 
The NPS also conducts monitoring on Santa Barbara Island to assess 
impacts of management actions on listed species, including the island 
night lizard. Once the island night lizard is removed from the Federal 
List of Endangered or Threatened Wildlife, the Navy and NPS will 
continue to monitor the lizard and its habitat through post-delisting 
monitoring efforts to ensure the species is recovering and does not 
warrant relisting. Additionally, the Navy and NPS implement management 
plans and policies to reduce impacts to native biological resources, 
such as the island night lizard and its habitat, that will help ensure 
the species does not warrant relisting in the foreseeable future.
    We conclude that, since the time of listing in 1977, all 
substantial threats to the island night lizard have been ameliorated. 
Any remaining potential threats or nonsubstantial threats to the 
species or its habitat (i.e., the introduction of nonnative plants, 
fire, and erosion; land use and development on San Clemente and San 
Nicolas Islands; and predation on Santa Barbara Island) are currently 
managed to minimize impacts such that they are not of sufficient 
imminence, intensity, or magnitude to rise to the level of a threatened 
species (i.e., likely to become an endangered species within the 
foreseeable future). The one exception is climate change, for which 
sufficient information does not currently exist for us to make accurate 
predictions about the timing and degree of potential impacts. However, 
data suggest that the extinction risk for the family Xantusidae (which 
includes the island night lizard) is zero through the year 2080 (based 
on Sinervo et al. (2010) evaluation of Xantusidae (see Climate Change 
section)). Therefore, using 2080 as our frame of reference for 
determining the foreseeable future for this threat, we concluded that 
climate change is not likely to become a substantial threat now or in 
the foreseeable future. We also note that all six primary objectives of 
the Recovery Plan were, or are in the process of, being fulfilled (see 
Recovery Plan Implementation section). Additionally, since listing, it 
was determined that more than 21 million lizards exist in high-quality 
habitat among the three islands. Based on the current level of threats, 
we would not anticipate future declines in population numbers.
    Therefore, we conclude that the island night lizard is not likely 
to become endangered in the foreseeable future throughout all of its 
range because all substantial threats have been ameliorated, potential 
threats that may cause stress on one or more populations (or portions 
of a population) are currently managed, and Recovery Plan objectives 
have been initiated or fulfilled.

Significant Portion of Its Range Analysis

    Having examined the status of the island night lizard throughout 
all of its range, we next examine whether it could be in danger of 
extinction or likely to become so in a significant portion of its 
range. The range of a species can theoretically be divided into 
portions in an infinite number of ways. However, there is no purpose in 
analyzing portions of the range that have no reasonable potential to be 
significant or in analyzing portions of the range in which there is no 
reasonable potential for the species to be endangered or threatened. To 
identify only those portions that warrant further consideration, we 
determine whether substantial information indicates that: (1) The 
portions may be ``significant'' and (2) the species may be in danger of 
extinction there or likely to become so within the foreseeable future. 
Depending on the biology of the species, its range, and the threats it 
faces, it might be more efficient for us to address the significance 
question first or the status question first. Thus, if we determine that 
a portion of the range is not ``significant,'' we do not need to 
determine whether the species is endangered or threatened there; if we 
determine that the species is not endangered or threatened in a portion 
of its range, we do not need to determine if that portion is 
``significant.'' In practice, a key part of the determination that a 
species is in danger of extinction in a significant portion of its 
range is whether the threats are geographically concentrated in some 
way. If the threats to the species are essentially uniform throughout 
its range, no portion is likely to warrant further consideration. 
Moreover, if any concentration of threats to the species occurs only in 
portions of the species' range that clearly would not meet the 
biologically based definition of ``significant,'' such portions will 
not warrant further consideration.
    We consider the ``range'' of the island night lizard to be San 
Clemente, San Nicolas, and Santa Barbara Islands (including Sutil 
Island) of the California Channel Islands.
    We considered whether the threats facing the island night lizard 
and its habitat might be different on San Clemente Island with 
approximately 99.85 percent of the population compared to San Nicolas 
and Santa Barbara Islands with, combined, approximately 0.15 percent of 
the population (Service 2012b, unpublished data). A detailed spatial 
evaluation of threats showed that the level of threat, and extent of 
protective measures, is different on San Clemente Island and San 
Nicolas Island, compared to Santa Barbara Island due to ownership and 
activities conducted by the Navy (Service 2012b, unpublished data). 
However, all substantial threats have been ameliorated throughout the 
species' range, and the remaining potential threats to the island night 
lizard are actively managed for by the Navy through implementation of

[[Page 18209]]

INRMPs, the Federal Noxious Weed Act, and the Soil Conservation and 
Domestic Allotment Act. On Santa Barbara Island, there are no 
substantial threats, and the remaining potential threats receive 
protections provided through the implementation of NPS's management 
policies and the Channel Islands National Park Wildland FMP in 
accordance with the Organic Act. It is our conclusion, based on our 
evaluation of the current potential threats to the island night lizard 
on San Clemente, San Nicolas, and Santa Barbara Islands (see Summary of 
Factors Affecting the Species section), that potential threats are 
neither sufficiently concentrated nor of sufficient magnitude to 
indicate the species is in danger of extinction or likely to become so 
on any island and thus it is likely to persist throughout its range.

Future Conservation Measures

    Section 4(g)(1) of the Act requires us, in cooperation with the 
States, to implement a monitoring program for not less than 5 years for 
all species that have been recovered and delisted. The purpose of this 
requirement is to develop a program that detects the failure of any 
delisted species to sustain itself without the protective measures 
provided by the Act. If at any time during the monitoring period, data 
indicate that protective status under the Act should be reinstated, we 
can initiate listing procedures, including, if appropriate, emergency 
listing. The management practices of, and commitments by, the 
Department of Defense and NPS under existing laws, regulations, and 
policies should afford adequate protection to the island night lizard 
into the foreseeable future upon delisting, as the entire known range 
of this species occurs within Department of Defense lands on San 
Clemente and San Nicolas Islands, and NPS lands at Channel Islands 
National Park.

Post-Delisting Monitoring Plan Overview

    The Service has developed a final post-delisting monitoring (PDM) 
plan for the island night lizard in cooperation with the Navy and NPS. 
The final PDM plan is designed to verify that the island night lizard 
remains secure from risk of extinction after removal from the Federal 
List of Endangered and Threatened Wildlife by detecting changes in its 
status and habitat throughout its known range.
    The final PDM plan outlines five different sampling surveys that 
will occur over a 9-year period (i.e., years 1, 3, 4, 7, and 9). The 
draft PDM Plan includes the following measures:
    (1) Monitoring the overall health of the island night lizard 
populations on each island through trap capture rates and recruitment 
at previously established sampling sites. This monitoring will occur in 
all habitats for 9 years following delisting. Biologists will conduct 
density assessments using several methodologies including: pitfall 
traps, rock-turn surveys, and coverboards arranged in grid arrays or 
transects. Efforts will be made to sample all sites within each 
sampling period.
    (2) Monitoring high-quality habitat will occur twice throughout 
post-delisting monitoring to assess abundance and distribution of high-
density island night lizard habitats on all islands. Recently completed 
island-wide habitat maps will be utilized as the baseline assessment to 
compare with post-delisting monitoring mapping efforts.
    (3) Identifying thresholds that would trigger an extension of 
monitoring, alteration of management approach, or a status review will 
be established related to island night lizard density, recruitment, and 
habitat.
    Additionally, we are recommending that land managers on each island 
conduct monitoring in previously unsampled areas on each island 
consisting of different habitats at least once during PDM with a focus 
on high-quality habitat. Within these new areas, we recommend using 
already-established protocols to allow for comparison of newly sampled 
island night lizard densities and distribution with previously 
established sites for each island. We also recommend establishing 
identical protocols for each island to allow for comparison among 
islands. Additionally, we are recommending that the Navy on San 
Clemente Island continue to recognize the INLMA and that the Navy on 
San Nicolas Island establish an INLMA to identify biologically 
sensitive areas for the island night lizard. Lastly, we recommend that 
each island continue restoration efforts of high-quality island night 
lizard habitat to increase distribution and connectivity.
    We also expect to monitor the commitments and actions of management 
plans implemented by the Navy and NPS, which manage potential threats 
to the island night lizard and its habitat, including the introduction 
and current persistence of nonnative plants, land use and development, 
erosion, and fire.

Effects of This Rule

    This final rule revises 50 CFR 17.11(h) and removes the island 
night lizard from the Federal List of Endangered and Threatened 
Wildlife. Because no critical habitat was designated for this species, 
this rule would not affect 50 CFR 17.95.
    Because this final rule removes this species from the Federal List 
of Endangered and Threatened Wildlife, the prohibitions and 
conservation measures provided by the Act, particularly through 
sections 7 and 9 of the Act, no longer apply. Removal of the island 
night lizard from the Federal List of Endangered and Threatened 
Wildlife relieves Federal agencies from the need to consult with us to 
ensure that any action they authorize, fund, or carry out is not likely 
to jeopardize the continued existence of this species.

Required Determinations

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by Office of Management and Budget (OMB) under the 
Paperwork Reduction Act. This rule will not impose recordkeeping or 
reporting requirements on State or local governments, individuals, 
businesses, or organizations. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

National Environmental Policy Act

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with removing a species from the Federal List of 
Endangered or Threatened Wildlife. We published a notice outlining our 
reasons for this determination in the Federal Register on October 25, 
1983 (48 FR 49244).

Government-to-Government Relationship With Tribes

    In concurrence with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
tribes on a government-to-government basis. We have determined that 
there are no tribal lands affected by this rule.

References Cited

    A complete list of all references cited in this rule is available 
on the Internet

[[Page 18210]]

at http://www.regulations.gov or upon request from the Field 
Supervisor, Carlsbad Fish and Wildlife Office (see ADDRESSES).

Author

    The primary author of this rule is the Carlsbad Fish and Wildlife 
Office in Carlsbad, California (see ADDRESSES).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

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

PART 17--[AMENDED]

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

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


0
2. Amend Sec.  17.11(h) by removing the entry for ``Lizard, Island 
night'' under ``Reptiles'' in the Federal List of Endangered and 
Threatened Wildlife.

    Dated: March 10, 2014.
Betsy Hildebrandt,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2014-06576 Filed 3-31-14; 8:45 am]
BILLING CODE 4310-55-P