[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Proposed Rules]
[Pages 63454-63466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22167]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2016-0078; 4500030113]
RIN 1018-BB64
Endangered and Threatened Wildlife and Plants; Threatened Species
Status for Chorizanthe parryi var. fernandina (San Fernando Valley
Spineflower)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
list Chorizanthe parryi var. fernandina (San Fernando Valley
spineflower), a plant species from southern California, as a threatened
species under the Endangered Species Act of 1973, as amended (Act). If
we finalize this rule as proposed, it would extend the Act's
protections to this species. This document also serves as the 90-day
and 12-month findings on two petitions to list C. parryi var.
fernandina as an endangered species.
DATES: We will accept comments received or postmarked on or before
November 14, 2016. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59
p.m. Eastern Time on the closing date. We must receive requests for
public hearings, in writing, at the address shown in FOR FURTHER
INFORMATION CONTACT by October 31, 2016.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2016-0078,
which is the docket number for this rulemaking. Then click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, click on the
Proposed Rules link to locate this document. You may submit a comment
by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R8-ES-2016-0078, U.S. Fish and Wildlife
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor,
U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493
Portola Road, Suite B, Ventura, CA 93001; telephone 805-644-1766;
facsimile 805-644-3958. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at
800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other concerned governmental agencies,
Native American tribes, the scientific community, industry, or any
other interested parties concerning this proposed rule. We particularly
seek comments concerning:
(1) Chorizanthe parryi var. fernandina's biology, range, and
population trends, including:
(a) Biological or ecological requirements of the plant
(b) Genetics and taxonomy;
(c) Historical and current range, including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the plant, its
habitat, or both.
(2) Factors that may affect the continued existence of the plant,
which may include habitat modification or destruction, overutilization,
disease, predation, the inadequacy of existing regulatory mechanisms,
or other natural or manmade factors.
(3) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this plant and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status, range, distribution, and population size of Chorizanthe parryi
var. fernandina, including the locations of any additional populations
of this plant.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include. Please
note that submissions merely stating support for or opposition to the
action under consideration without providing supporting information,
although noted, will not be considered in making a determination, as
section 4(b)(1)(A) of the Act (16 U.S.C. 1531 et seq.) 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.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described above in ADDRESSES. If you
submit information via http://www.regulations.gov, your entire
submission--including any personal identifying information--will be
posted on the Web site. If your submission is made via a hardcopy that
includes personal identifying information, you may request at the top
of your document that we withhold this information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy submissions on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Ventura Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Public Hearing
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. Requests must be received by the date
specified above in DATES. Such requests must be sent to the address
shown above in FOR FURTHER INFORMATION CONTACT. We will schedule public
hearings on this proposal, if any are requested, and announce the
dates, times, and places of those hearings, as well as how to obtain
reasonable accommodations, in the Federal
[[Page 63455]]
Register and local newspapers at least 15 days before the hearing.
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), we are seeking the
expert opinions of six appropriate and independent specialists
regarding this proposed rule. A thorough review of information that we
relied on in making this determination--including information on
taxonomy, life history, ecology, population distribution and abundance,
and potential threats--is presented in the San Fernando Valley
Spineflower (Chorizanthe parryi var. fernandina) Species Report
(Species Report) available at http://regulations.gov under Docket No.
FWS-R8-ES-2016-0078. A summary of this analysis is found in this
proposed rule. The purpose of peer review is to ensure that our listing
determination is based on scientifically sound data, assumptions, and
analyses. The peer reviewers have expertise in C. parryi var.
fernandina's biology, habitat, physical or biological factors, or
threats, and their review of the Species Report will inform our final
determination. We invite comment from the peer reviewers during this
public comment period.
Previous Federal Action
We designated Chorizanthe parryi var. fernandina as a candidate
species for listing in the October 25, 1999, candidate notice of review
(CNOR) (64 FR 57534) based on its discovery along the southern rim of
Laskey Mesa and within the footprint of the proposed Ahmanson Ranch
project site in southeastern Ventura County, California (Glenn Lukos
and Associates (GLA) 2000, p. 1). Prior to its rediscovery in 1999, C.
parryi var. fernandina was not seen for a period of 70 years (1929-
1999); it was last collected in 1929, near Castaic in Los Angeles
County (Reveal and Hardham 1989, p. 149) and was presumed extinct by
the botanical community. We gave C. parryi var. fernandina a listing
priority number (LPN) of 3, which denotes a subspecies or variety
facing an imminent threat of high magnitude and low recovery potential.
On December 6, 1999, and January 27, 2000, we received petitions
from the City of Calabasas and from the Santa Monica Mountains
Conservancy (SMMC), respectively, to list the plant under the Act as an
endangered species. In 2000, Chorizanthe parryi var. fernandina was
discovered near Santa Clarita in Los Angeles County, California, on
land owned by the Newhall Land and Farming Company (Newhall Land
Company) within the footprint of the proposed Newhall Ranch development
project. Because C. parryi var. fernandina was already a candidate, we
did not conduct either a 90-day or 12-month finding for the species
following receipt of the petitions. This document constitutes our
proposed rule to list C. parryi var. fernandina as a threatened
species, as well as both our 90-day and 12-month findings on the
petitions to list C. parryi var. fernandina.
In the May 4, 2004, CNOR (69 FR 24876), we changed the LPN for
Chorizanthe parryi var. fernandina from 3 to 6 because we determined
that impacts associated with habitat destruction or modification at
Laskey Mesa had decreased. The proposed development of Ahmanson Ranch
at the Laskey Mesa site did not move forward as previously proposed.
This site was purchased by the State of California in 2003, and became
part of the Upper Las Virgenes Canyon Open Space Preserve. An LPN of 6
denotes a subspecies or variety facing a nonimminent threat of high
magnitude and low recovery potential. C. parryi var. fernandina has
been included, with an LPN of 6, in all subsequent CNORs (70 FR 24870,
May 11, 2005; 71 FR 53756, September 12, 2006; 72 FR 69034, December 6,
2007; 73 FR 75176, December 10, 2008; 74 FR 57804, November 9, 2009; 75
FR 69222, November 10, 2010; 76 FR 66370, October 26, 2011; 77 FR
69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79 FR 72450,
December 5, 2014; 80 FR 80584, December 24, 2015).
Chorizanthe parryi var. fernandina was one of many taxa included in
our May 10, 2011, multiyear work plan filed as part of a proposed
settlement agreement with Wild Earth Guardians and others in a
consolidated case in the U.S. District Court for the District of
Columbia challenging our failure to make listing determinations for
candidate species (Endangered Species Act Section 4 Deadline
Litigation, No. 10-377 (EGS), MDL Docket No. 2165 (``MDL Litigation''),
Document 31-1 (D. DC May 10, 2011) (``MDL Settlement Agreement'')). On
September 9, 2011, the court accepted our agreement with plaintiffs on
a schedule to publish proposed rules or not-warranted findings for the
251 species designated as candidates in 2010 (including C. parryi var.
fernandina) no later than September 30, 2016.
Background
A thorough review of the taxonomy, life history, ecology,
population distribution and abundance, and land ownership of
Chorizanthe parryi var. fernandina is presented in the Species Report
(Service 2016, pp. 7-20), available on the Internet at http://www.regulations.gov under Docket No. FWS-R8-ES-2016-0078; a summary of
this information is presented below. We used data specific to C. parryi
var. fernandina when available.
Physical and Biological Characteristics
Chorizanthe parryi var. fernandina is a low-growing herbaceous
annual plant in the Polygonaceae (buckwheat) family and is typical of
many winter-spring native annuals that occur in the Mediterranean
climate of California. Historical records show that C. parryi var.
fernandina was found in washes and sandy areas, in the hills and on
mesas, generally around the foothills of the San Gabriel Mountains and
near Santa Ana in Orange County (Reveal 1989, p. 402; CDFG 2002, p.
12). The probable vegetation in these areas is a type of alluvial scrub
called Riversidean alluvial fan sage scrub (Holland, 1986, p. 11;
Sawyer et al. 2009, pp. 389-391). Currently, C. parryi var. fernandina
is a plant of open habitats, predominately found within openings of
sparsely vegetated scrub communities and grasslands, and in the
transition zone between these two communities (Dudek 2010a, p. 21;
Sapphos 2001, p. 5-13). C. parryi var. fernandina occurs primarily in
areas of poorly developed soils, mostly in loam or silty clay loam with
a much lower level of occurrence on sandy loams, and with shallow depth
to bedrock and compacted soils. The conditions under which C. parryi
var. fernandina persists are most likely due to decreased competition
from native and nonnative plants, as it occurs in areas where other
plants cannot become established (Sapphos 2001, p. 5-13; GLA 2000, p.
18; Dudek 2010a, p. 23).
Chorizanthe parryi var. fernandina adapted a generalist pollination
strategy. The presence of smaller pollinator species (i.e., native
ants) and larger, more mobile pollinators (i.e., honeybees (Apis
mellifera)) facilitates overall reproductive success (Jones et al.
2009, p. 39). Seeds of C. parryi var. fernandina are small, possess no
morphological modifications for wind or animal dispersal, and remain in
the involucre even after the plant disarticulates (Sapphos 2001, p. 3-
5). Small mammals, along with native ants (e.g., harvester ants
(Pogonomyrmex or Messor spp.)), may play a role in seed dispersal (CBI
2000, p. 3). In addition, bioturbation (reworking of soils and
sediments by animals or plants) and bare soil patches related to rodent
activity have been associated with C.
[[Page 63456]]
parryi var. fernandina (GLA 2000, p. 18; CBI 2000, p. 7).
The genetic characteristics of Chorizanthe parryi var. fernandina
have not been investigated; however, Dr. Deborah Rodgers is currently
conducting research of the plant's genetic structure (Dudek 2015, p. 2;
Dudek 2016c, p. 9). As of January 2016, all field collection is
complete and the study is ongoing (D. Rodgers 2016, pers. comm.).
Historical Abundance and Distribution
Historically, Chorizanthe parryi var. fernandina was known from no
fewer than 10 locations in Los Angeles and Orange Counties (CDFG 2002,
p. 14) (see Figure 1, below). The species was last collected in 1929,
was not seen for 70 years (1929-1999), and was presumed extinct by the
botanical community because C. parryi var. fernandina was extirpated
from all of the areas where it was originally collected (Reveal and
Hardham 1989, p. 149). The majority of the historical collections of C.
parryi var. fernandina from the greater Los Angeles metropolitan area
were made in areas where urban, agricultural, and industrial
development have replaced native habitats. Numerous field botanists
have tried to rediscover it, but all efforts have been unsuccessful
(Reveal and Hardham 1989, p. 149).
In 1999, Chorizanthe parryi var. fernandina was discovered along
the southern rim of Laskey Mesa within the footprint of the proposed
Ahmanson Ranch development project in southeastern Ventura County,
California (GLA 2000, p. 1); this was the only known extant population
of this plant. The area occupied by C. parryi var. fernandina in 1999
was estimated to be approximately 6 acres (ac) (2.4 hectares (ha)),
comprised of approximately 23,000 plants (GLA 2000, pp. 6-9). The
potential threats to the C. parryi var. fernandina population at this
site were reduced in 2003, when the Ahmanson Ranch project did not
occur as planned and the State of California purchased the property.
However, due to historical land uses at this site, the population has
been impacted by loss of habitat and invasive, nonnative grasses.
In 2000, Chorizanthe parryi var. fernandina was discovered near
Santa Clarita in Los Angeles County, California, on land owned by
Newhall Land Company. The 2000 survey data did not include population
estimates. This population is within the footprint of the proposed
Newhall Ranch development project.
[GRAPHIC] [TIFF OMITTED] TP15SE16.000
Current Abundance and Distribution
Chorizanthe parryi var. fernandina currently occupies up to a total
of 35 to 40 ac (14 to 16 ha) from two populations in Southern
California that are 17 miles (mi) (27 kilometers (km)) apart (see
Figure 1, above). The Laskey Mesa population is in Ventura County,
California, within the Upper Las Virgenes Canyon Open Space Preserve on
land owned by the SMMC and the Mountains Recreation Conservation
[[Page 63457]]
Authority (MRCA) (L.A. Mountains 2015; Newhall Land Company 2015, p. 8;
MRCA 2015; SMMC 2015). The Santa Clarita population is in Los Angeles
County on land owned by Newhall Land Company (Dudek 2010a, pp. 16-17).
The Laskey Mesa population currently occupies approximately 15-20 ac
(6.1-8.1 ha) (GLA 2000, p. 6; Sapphos 2001, p. 5-2; Sapphos 2003a, p.
3; Cooper 2015, pp. 8-10); the Santa Clarita population currently
occupies approximately 20 ac (8.2 ha) (Dudek 2010a, p. 63).
Comparing annual numbers of Chorizanthe parryi var. fernandina
individuals over time is complicated because: (1) Different
methodologies and levels of effort have been used to estimate
population numbers across both extant populations during survey efforts
since 1999; and (2) as is typical of many annual plants, C. parryi var.
fernandina shows inter-annual variation in abundance by several orders
of magnitude, ranging from hundreds to millions of individuals.
Therefore, occupied area or distribution of the populations is an
appropriate surrogate measure for plant population size.
Because of the fluctuation in occupied area and population numbers
and the different methodologies used to conduct surveys, we are not
able to determine if the population is stable or increasing or
decreasing at this time. The area occupied by Chorizanthe parryi var.
fernandina at Laskey Mesa when it was discovered in 1999 was
approximately 6 ac (2.4 ha), was up to 19 ac (7.7 ha) in 2003, and was
estimated to be approximately 14 ac (5.7 ha) in 2015. The occupied area
that was mapped in 2003 appears to have declined overall, though there
were areas of expansion (GLA 2000, p. 6; Sapphos 2001, p. 5-2; Sapphos
2003a, p. 3; Cooper 2015, p. 10). The Laskey Mesa population occurs
over an area approximately 1 mi (1.6 km) from east to west, and 0.5 mi
(0.8 km) from north to south. At the Santa Clarita population, total
area occupied per year has ranged from 0.5-16.5 ac (0.2-6.7 ha) between
2002 and 2007. The most recent data from 2011 to 2014 show the
cumulative acreage across years ranged from 17.8-20.7 ac (7.2-8.4 ha).
There are no population estimates from 2011 through 2014. The Santa
Clarita population has roughly the same occupied acreage as Laskey Mesa
but is more widely distributed across the landscape, scattered over a
range of 4 mi (6.4 km) from east to west, and 4 mi (6.4 km) north to
south.
Planned Conservation Measures
At the Laskey Mesa population, there is currently no on-the-ground
management of Chorizanthe parryi var. fernandina; however, the site is
conserved as permanent parkland as part of the Upper Las Virgenes
Canyon Open Space Preserve. At the Santa Clarita population, the
California Department of Fish and Game (CDFG) (referred to as the
California Department of Fish and Wildlife (CDFW) as of 2014) issued a
California Endangered Species Act section 2081 incidental take permit
(ITP) to Newhall Land Company for the partial removal of C. parryi var.
fernandina due to the proposed Newhall Ranch development project.
Newhall Land Company developed the Spineflower Conservation Plan (SCP),
which was finalized in 2010 (Dudek 2010a) (available at http://www.regulations.gov). The SCP serves as the mitigation and conservation
plan for the purposes of the ITP (CDFG 2010, p. 2).
As part of the SCP, Newhall Land Company has created a set of seven
preserves that include 76 percent of the Chorizanthe parryi var.
fernandina occurrences and occupied habitat at the Santa Clarita site,
the majority of which would be adjacent to and bordered by the proposed
Newhall Ranch development project. The SCP also includes management
actions within the preserves to reduce indirect effects of the proposed
development (including those from nonnative, invasive grasses and
Argentine ants (Linepithema humile)). Newhall Land Company proposes to
implement an adaptive management program for impacts under the SCP
(Dudek 2010a, p. 141) and the Argentine Ant Control Plan (AACP) (Dudek
2014c, p. 22). Easements and a management endowment for the preserves
and monitoring have been established. The rest of the SCP has not yet
been implemented.
The proposed development of Newhall Ranch would remove 24 percent
of the occurrences of Chorizanthe parryi var. fernandina and its
habitat, and would separate occurrences more than current conditions by
removing C. parryi var. fernandina that connect, or are intermittent
between, the larger concentrations of C. parryi var. fernandina within
the designated preserves. Newhall Land Company has proposed to reduce
the impacts of this habitat fragmentation by integrating corridors (in
particular the Santa Clara River riparian corridor) into their
development plans, along with potential C. parryi var. fernandina
outplanting within the preserves (Dudek 2010a, pp. 146-148). Six of the
seven preserves are directly connected to adjacent natural or human-
created open space via the river corridor, and the seventh, Entrada, is
connected to open space via an existing and frequently-maintained
utility corridor (CDFW in litt. 2016, p. 3). The open space areas
within the proposed Newhall Ranch project as a whole, to which the
preserves are connected, are intended to maintain landscape-level
ecological functions and processes (CDFW in litt. 2016, p. 2-3). Open
space varies in size and habitat quality, and according to the proposed
development plan, human development would be adjacent to or border the
majority of the preserves and the corridors. The SCP stresses
maintaining natural hydrological conditions during construction of
Newhall Ranch to prevent invasion of Argentine ants. However, even
though construction has not yet begun, Argentine ants have been
identified in two of the preserves and in adjacent corridors. Newhall
Land Company proposes to implement control measures for Argentine ants
using an integrated pest management strategy (Dudek 2014c, entire).
Newhall Land Company has also deposited funds with the National
Fish and Wildlife Foundation for management of Chorizanthe parryi var.
fernandina at the Laskey Mesa site. The August 2014 property analysis
record and September 2014 memorandum prepared by Dudek identify the
management activities for C. parryi var. fernandina at Laskey Mesa
(Newhall Land Company and Dudek 2014, entire). The funding is to be
used for on-the-ground management activities that include research
studies, fencing, weeding, surveys, annual reporting, and other
activities. When this funding becomes accessible, we anticipate that
the MRCA will implement the identified management activities.
In addition, Newhall Land Company recently developed a draft ``San
Fernando Valley Spineflower Enhancement and Introduction Plan,'' which
outlines a proposal to experimentally introduce Chorizanthe parryi var.
fernandina to areas at the Santa Clarita site that have never been
known to be occupied and are outside of the development footprint
(Newhall Land Company 2016, entire). We anticipate continuing to work
with Newhall Land Company and CDFW on additional conservation for C.
parryi var. fernandina at the Santa Clarita population. The intervening
time between a proposed and possible final rule to list this species
provides the opportunity to develop measures to improve the future
status of C. parryi var. fernandina at this site.
In our Species Report (Service 2016), we completed an initial
evaluation of
[[Page 63458]]
the potential effectiveness of the conservation measures in the 2010
SCP, but because Newhall Land Company is supplementing their
conservation strategy, we do not consider this evaluation finalized. We
will continue to work with Newhall Land Company and CDFW in the
development of an expanded and supplemented conservation strategy, and
will formally evaluate all measures included in the supplemental
conservation strategy using the Service's Policy for Evaluation of
Conservation Efforts When Making Listing Decisions (PECE) (68 FR 15100;
March 28, 2003), thereby taking all formalized conservation measures
into consideration before making our final determination of the status
of the plant.
Summary of Biological Status and Threats
The Act directs us to determine whether any species is an
endangered species or a threatened species because of any factors
affecting its continued existence. We completed a comprehensive
assessment of Chorizanthe parryi var. fernandina (Service 2016,
entire), which is summarized in this document and available on the
Internet at http://www.regulations.gov under Docket No. FWS-R8-ES-2016-
0078. All potential threats of which we are aware that may be acting
upon C. parryi var. fernandina currently or in the future (and
consistent with the five listing factors identified in section 4(a)(1)
of the Act) are evaluated and addressed in the Species Report (Service
2016, entire).
Stressors that currently act, or may act, on Chorizanthe parryi
var. fernandina in the foreseeable future include development;
nonnative, invasive plants; Argentine ants; grazing and agriculture;
utility line easements and maintenance; miscellaneous land use;
recreation; wildfire; and climate change. The effects of these
stressors are magnified by virtue of the plant having small population
sizes. For the purposes of this analysis, we define the ``foreseeable
future'' time period to be 25 years. This timeframe takes into account
the potential impacts of the completion of the proposed development of
Newhall Ranch, variation in climate, and planned conservation measures
for the Laskey Mesa and Santa Clarita populations. All of these
potential stressors are evaluated and presented in our 2016 Species
Report (Service 2016, pp. 20-78). The best available data indicate that
grazing and agriculture, utility line easements and maintenance,
miscellaneous land use, recreation, and wildfire are not resulting in
population or rangewide impacts currently or in the future such that
they rise to the level of threats. We conclude this because these
activities have been or will be removed from most areas that overlap C.
parryi var. fernandina, with the exception of wildfire, for which
current impacts at Laskey Mesa and Santa Clarita will remain
approximately the same into the future. The remaining stressors--
development; nonnative, invasive plants; Argentine ants; and
potentially climate change--acting on the small isolated populations
are described below because we have determined that population or
rangewide impacts may contribute to, or are likely to contribute to,
considerable loss of individuals or habitat currently or in the future.
Development
Development consists of converting the landscape into residential,
commercial, industrial, and recreational features, with associated
infrastructure such as roads. Historically, Chorizanthe parryi var.
fernandina was known from no fewer than 10 locations in Los Angeles and
Orange Counties (CDFG 2002, p. 14) (see Figure 1, above). After 1929,
the plant was presumed extinct by the botanical community because C.
parryi var. fernandina was extirpated from all of the areas where it
was originally collected. The majority of the historical collections of
C. parryi var. fernandina from the greater Los Angeles metropolitan
area were made in areas where development has replaced native habitats
(Reveal and Hardham 1989, p. 149).
In 1999, Chorizanthe parryi var. fernandina was discovered at
Laskey Mesa within the footprint of the proposed Ahmanson Ranch
development project site. This proposed development did not occur as
planned. The State of California purchased the property for
conservation in 2003. In 2000, C. parryi var. fernandina was discovered
near Santa Clarita on land owned by the Newhall Land Company (Dudek
2010a, pp. 16-17) at the site of the proposed Newhall Ranch
development. Currently, development does not impact C. parryi var.
fernandina at either population. In the future, there will be no
development at the Laskey Mesa site because the property is owned and
managed by the SMMC and MRCA, and preserved as permanent parkland. At
the Santa Clarita site, the population is within the footprint of the
proposed Newhall Ranch development project.
As planned, the future development of the proposed Newhall Ranch
would directly remove 24 percent of the Chorizanthe parryi var.
fernandina population and occupied habitat at the Santa Clarita site,
reducing the population from 20.24 ac (8.2 ha) to 15.4 ac (6.2 ha)
(Dudek 2010a, Table 12, p. 67). The proposed development would also
create indirect effects by fragmenting the habitat between the
occurrences of C. parryi var. fernandina, which would: (1) Create edge
effects around remaining populations, such as increasing the risk of
invasion of nonnative, invasive plants and animals; and (2) separate
occurrences more than current conditions because much of the area
between the remaining occurrences would be residential and commercial
development (Dudek 2010a, pp. 48-117), potentially affecting
pollination and dispersal of the plant (Steffan-Dewenter and Tscharntke
1999, p. 437; Menges 1991, pp. 158-164; Jennerston 1988, pp. 359-366;
Cunningham 2000, pp. 1149-1152). These indirect effects of the proposed
development would remain into the future post-construction.
Under the SCP, Newhall Land Company designated seven spineflower
preserves containing 15.4 ac (6.2 ha) of Chorizanthe parryi var.
fernandina occupied area, which is the remaining 76 percent of the
Santa Clarita population. The SCP also includes several preserve
management actions intended to address indirect effects of the proposed
development. Easements and an endowment to manage and monitor the
preserves have been put in place; additional management actions have
not yet been implemented.
Overall, we conclude that proposed development at one of the two
Chorizanthe parryi var. fernandina populations will result in the loss
of 24 percent of the Santa Clarita population in the future. This
equates to a loss of 12-14 percent of the plant rangewide. In addition,
indirect effects to the remaining 76 percent of the Santa Clarita
population (38-44 percent of the plant rangewide) are expected in the
future as a result of fragmenting the landscape. This fragmentation
would result in edge effects around the remaining occurrences that put
these patches at risk and separate them more than they are under
current conditions. It is possible that future management actions to
ameliorate indirect effects of the development to the 76 percent of the
population that would remain within these preserves after development
could be implemented and may be effective. However, at this time, we
conclude that development is a future population-level threat to the
plant as it would result in loss of habitat and individuals, and
further reduce the range of this plant, which is already vulnerable due
[[Page 63459]]
to its small size and isolated populations (Factors A and E).
Small, Isolated Populations
The effects of having small, isolated populations include increased
risk of extinction from random, naturally occurring events, and
potentially reduced genetic variation, which can affect the ability of
a species to sustain itself into the future in the face of
environmental fluctuations. There are two known populations of
Chorizanthe parryi var. fernandina, one at Laskey Mesa and one at Santa
Clarita, each comprising approximately 15 to 20 ac (6 to 8 ha) of
occupied area. The two populations at Laskey Mesa and Santa Clarita
comprise the current known range of C. parryi var. fernandina; the
populations are approximately 17 mi (27 km) apart from north to south.
Because there are only two populations of Chorizanthe parryi var.
fernandina, naturally occurring events and other stressors increase the
risk of extirpation. Small, highly fragmented populations have a high
extinction risk due to isolation (no other populations to ``rescue'' a
declining or extirpated one) and small total population sizes
(MacArthur and Wilson 1967, entire), both of which make them more
vulnerable, especially to random, naturally occurring events, such as
drought and wildfire (Kohlman et al. 2005, entire; Soule et al. 1992,
p. 44).
In addition, lower and reduced genetic variation may make a
population less adapted to existing pressures and incapable of
adaptation to new stressors (Frankham 1995, entire). Thus, small
populations and low genetic diversity can have synergistic effects with
respect to population decline, decreasing a species' ability to persist
within a changing environment. In all but extreme cases, genetic losses
due to drift and inbreeding within populations can be limited by
keeping population sizes large relative to their historical sizes (Neel
et al. 2008, p. 939). In addition, levels of diversity can be enhanced
by high rates of gene flow among populations because such gene flow
increases effective population size and facilitates exchange of alleles
(Neel et al. 2008, p. 950). The genetic characteristics of Chorizanthe
parryi var. fernandina have not been investigated; however, Dr. Deborah
Rodgers is currently conducting research of C. parryi var. fernandina's
genetic structure and the degree of inbreeding depression (Dudek 2015,
p. 2; Dudek 2016c, p. 9). As of January 2016, all field collection is
complete and the study is ongoing (D. Rodgers 2016, pers. comm.).
Overall, we conclude that having only two small, isolated
populations decreases the ability of Chorizanthe parryi var. fernandina
to sustain itself into the future in the face of environmental
fluctuations and random, naturally occurring events. Historically, the
plant was known from no less than 10 additional locations across
southern California. This stressor will continue to affect C. parryi
var. fernandina and its habitat at both sites into the future. It is
possible that additional populations at historically occupied but
currently extirpated sites would decrease the risk of having small,
isolated populations for C. parryi var. fernandina into the future.
However, at this time, we conclude that having small, isolated
populations is a current and future population-level threat to the
plant (Factor E).
Nonnative, Invasive Plants
Nonnative, invasive plants include nonnative vegetation that occurs
within or adjacent to habitat that supports Chorizanthe parryi var.
fernandina. In particular, we focused on the impacts of nonnative
grasses and other fast-invading, nonnative annual plants because they
are abundant at both sites and are efficient at displacing native
vegetation. Nonnative, invasive grasses historically affected the
Laskey Mesa and Santa Clarita populations (GLA 2000, p. 5; Dudek 2010a,
pp. 48-51). Past activities (e.g., grazing and other human-induced
disturbances) have historically occurred over most of the Upper Las
Virgenes Canyon Open Space Preserve area including Laskey Mesa; it is
not known whether Laskey Mesa was formerly native grassland, coastal
scrub, or a mix of both prior to European contact (Dudek 2010a, p. 21).
Historical and existing grazing activities, and other historical land
uses, have affected much of the natural habitat at the Santa Clarita
site, displacing scrub habitats with annual grasslands (Dudek 2010a,
pp. 48-51). Currently, nonnative, invasive grasses are abundant at both
the Laskey Mesa and Santa Clarita sites and reduce available habitat;
compete with C. parryi var. fernandina for light, water, and soil
nutrients; increase the potential for wildfire; and alter pollinator
communities. As of 2015, the vegetation at Laskey Mesa was largely
comprised of nonnative grasses, primarily ripgut brome (Bromus
diandrus), but also several other native and nonnative grasses (notably
purple needlegrass (Nassella pulchra)) (Cooper 2015, p. 5). At the
Santa Clarita site, currently 29 percent of the total species are
nonnative within the spineflower preserves (Dudek 2013, p. 13); 11
nonnative species in the grass family (Poaceae) were present (Appendix
B of Dudek 2013).
This stressor will continue to affect Chorizanthe parryi var.
fernandina and its habitat at both sites into the future. With no
future land use change at the Laskey Mesa population, we do not
anticipate the impact of nonnative, invasive plants will become worse
than current conditions, given that disturbance is a primary factor
that promotes the invasion of nonnative plants (Rejmanek 1996;
D'Antonio and Vitousek 1992; Hobbs and Huenneke 1992; Brooks et al.
2004; Keeley et al. 2005). At the Santa Clarita population, the
proposed development of Newhall Ranch would convert areas that
currently contain nonnative vegetation to urban areas, thereby reducing
the total acreage of nonnative vegetation at this site, but this ground
disturbance would also create additional opportunities for nonnative
plants to invade urban edges of the spineflower preserves and natural
open space. In general, nonnative weedy species are often edge species
and become more prevalent or increase in abundance, while rare and
sensitive species and species that were once widespread tend to decline
(Hilty et al. 2006, pp. 42-45).
There are currently no management actions that are occurring to
reduce direct or indirect impacts from nonnative, invasive plants.
However, we note the following future proposed actions:
(1) We anticipate that the MRCA will address the abundance of
nonnative vegetation at Laskey Mesa once the funding becomes available
for management; however, to date management actions have not been
implemented at this site, and the timeline for management actions is
unknown.
(2) Newhall Land Company has proposed to restore habitat for
Chorizanthe parryi var. fernandina at Santa Clarita and implement
measures as part of the proposed development of Newhall Ranch to reduce
the abundance and impact of nonnative vegetation within the spineflower
preserves.
Overall, we conclude that nonnative, invasive plants are abundant
at both Laskey Mesa and Santa Clarita populations, reduce available
habitat quality, compete with Chorizanthe parryi var. fernandina for
resources, and increase potential for wildfire. This stressor
historically affected Laskey Mesa and Santa Clarita populations and
will continue to affect C. parryi var. fernandina and its habitat at
both sites into the future. It is likely that future management actions
to reduce the presence and impact of nonnative,
[[Page 63460]]
invasive grasses would be implemented in the future and may be
effective. We will further evaluate future conservation measures at
such time that Newhall Land Company finalizes supplementing their
conservation strategy. However, at this time, we conclude that
nonnative, invasive plants are a current and future population-level
threat to C. parryi var. fernandina (loss of individuals) and its
habitat (Factors A and E).
Argentine Ants
Argentine ants may impact pollination and seed dispersal vectors of
Chorizanthe parryi var. fernandina. Based on the best available
information, Argentine ants have not historically impacted the Laskey
Mesa or Santa Clarita populations of C. parryi var. fernandina.
Currently at Laskey Mesa, Argentine ants are present in close proximity
to the ranch house and a nearby eucalyptus (Eucalyptus spp.) tree, but
they were not encountered in areas occupied by C. parryi var.
fernandina because, presumably, the conditions are too dry and thus
unsuitable (Sapphos 2000, pp. 6-8). At Santa Clarita, as of February
2016, Argentine ants are present within two spineflower preserves,
Entrada and Potrero (Dudek, 2016b, pp. 17, 20), in the Santa Clara
River corridor (Dudek 2016b, entire), at Middle Canyon Spring (Dudek
2010a, p. 130), and in the existing utility corridor that runs along
the southern portion of the property and through the Entrada Preserve
(Dudek 2016b, p. 17). We do not have any information regarding the
presence of Argentine ants where C. parryi var. fernandina occurs
outside of the preserves at this site.
At Laskey Mesa, we do not expect Argentine ants will impact
Chorizanthe parryi var. fernandina in the future without a change in
land use. At Santa Clarita, Argentine ants already occur and we would
expect them to occur within development areas and open areas adjacent
to the preserves in the future after development of the proposed
Newhall Ranch (Dudek 2010a, p. 130; Dudek 2016b, pp. 4-20).
Anthropogenic modifications to the physical environment are preeminent
in determining the extent to which Mediterranean scrub communities in
southern California are susceptible to invasion by Argentine ants
(Holway et al. 2002, p. 1617). Invasion of Argentine ants into natural
areas from urban areas is a function of moisture, distance from the
urban edge, season, and vegetation type (Bolger 2007, p. 303; Suarez et
al. 1998, pp. 2047-2054; Erickson 1971, p. 264; Human and Gordon 1996,
p. 408; Holway 1995, p. 1635; Holway 2005, pp. 563-566; Staubus et al.
2015, p. 677). Because Argentine ants are present within two preserves
and the Santa Clara River corridor and utility corridor, and because of
the proposed development of Newhall Ranch, we anticipate that Argentine
ants will be a long-term concern for the persistence of C. parryi var.
fernandina at this site.
Argentine ants can affect Chorizanthe parryi var. fernandina
reproduction by reducing effective pollination, successful seed set,
and potentially the degree of heterozygosity of plants. Argentine ants
are known to: (1) Displace native epigeic (above-ground) ants (Ward
1987, pp. 13; Human and Gordon 1996, pp. 407-411; Suarez et al. 1998,
pp. 2047-2054; Holway 2005, pp. 563-566; Holway and Suarez 2006, pp.
321-322; Bolger 2007, pp. 301-303) that act as pollination and seed
dispersal vectors for C. parryi var. fernandina; and (2) reduce floral
visits by bees and thus reduce fruit production of plants (i.e.,
Calystegia macrostegia ssp. macrostegia (Santa Cruz morning glory)
(Hanna 2015, p. 226); Ferocactus viridescens (coast barrel cactus)
(LeVan and Holway 2014, pp. 167-169)) in areas dominated by Argentine
ants. Based on the best available data, maintaining conditions that
support both terrestrial and aerial guilds of pollinators is likely
required for long-term viability of C. parryi var. fernandina (Jones et
al. 2009, p. 39). The loss of effective pollination through reductions
in local pollinator abundance and diversity would reduce successful
seed set, or if the plant is at least partially self-compatible, would
reduce the degree of heterozygosity within plant (Jones et al. 2010, p.
165). C. parryi var. fernandina would have difficulty maintaining long-
term viability after a series of poor seed-production years without a
natural diversity of pollinators because effective pollinators lead to
significant increases in seed set and seed viability (Jones et al.
2009, p. 39; for examples of other annual plants, see Steffan-Dewenter
and Tscharntke 1999, entire; Jennersten 1988, entire).
Newhall Land Company incorporated buffers of varying widths in the
SCP and proposes to maintain the current hydrology within the
spineflower preserves (Dudek 2010a, pp. 15, 125-129) to reduce the
potential invasion of Argentine ants into the preserves. Abiotic
conditions (e.g., soil moisture) and proximity to human development are
primarily responsible for the rate of Argentine ant invasions (Suarez
et al. 1998, pp. 2047-2054). Buffers between natural areas and
urbanization have been suggested to decrease the likelihood of
Argentine ant invasion. According to the best scientific information,
the varying widths of the buffers around the spineflower preserves in
the SCP are less than what is recommended to preclude Argentine ant
invasion at urban edges and the proposed water control measures range
from moderately to highly effective (Conservation Biology Institute
2000, p. 21; Dudek 2010b, p. 4.5-1770). Newhall Land Company proposes
to utilize control methods if Argentine ants are observed in the
preserves. The proposed Argentine ant control measures in the SCP and
AACP could negatively impact other arthropods that are beneficial to
Chorizanthe parryi var. fernandina, may not be applicable to
controlling invasion into preserves (Gilboa et al. 2012, entire;
Enzmann et al. 2012, entire) such as those at Santa Clarita, or are
only recommended in closed systems where reintroduction of Argentine
ants can be actively withheld (Enriquez Leni 2012, p. 55). The impacts
to C. parryi var. fernandina from Argentine ants are likely to increase
at Santa Clarita with the proposed development of Newhall Ranch.
Overall, Argentine ants can directly impact pollinators and reduce
effective pollination, reduce successful seed set, and may reduce the
degree of heterozygosity of plants. Argentine ant invasion into the
spineflower preserves is likely to displace native epigeic ants that
are known pollinators and seed dispersers of Chorizanthe parryi var.
fernandina. Similarly, non-ant arthropods that are known pollinators
(e.g., honeybees) are likely to be negatively impacted by the presence
of Argentine ants in the preserves. Conservation of conditions that
support both guilds of pollinators is likely required for long-term
viability of C. parryi var. fernandina. This stressor has not
historically impacted C. parryi var. fernandina at either population.
We do not anticipate an impact from Argentine ants at Laskey Mesa
because there is no future land use change. At Santa Clarita, Argentine
ants currently occur within two preserves (Entrada and Potrero), and
the Santa Clara River corridor that connects six of the seven
preserves. Argentine ants will occur adjacent to the preserves in the
future post-development, and it is likely that Argentine ants will
occur in other preserves in the future. It is likely that future
management actions to reduce the presence and impact of Argentine ants
at Santa Clarita would be implemented. Proposed actions to control
Argentine ants have not been shown to be effective without negatively
[[Page 63461]]
affecting native species that are important for C. parryi var.
fernandina reproduction. We will further evaluate future conservation
measures aimed at controlling Argentine ants at such time that Newhall
Land Company finalizes supplementing their conservation strategy.
However, at this time, we conclude that Argentine ants are a current
and future population-level threat to C. parryi var. fernandina (loss
of individuals) (Factor E).
Climate Change
The term ``climate'' refers to the mean and variability of
different types of weather conditions over time, with 30 years being a
typical period for such measurements, although shorter or longer
periods also may be used (IPCC 2014, p. 119). The term ``climate
change'' thus refers to a change in the mean or variability of one or
more measures of climate (for example, temperature or precipitation)
that persists for an extended period, typically decades or longer,
whether the change is due to natural variability, human activity, or
both (IPCC 2014, p. 120). A recent synthesis report of climate change
and its effects is available from the Intergovernmental Panel on
Climate Change (IPCC) (IPCC 2014, entire).
Global climate projections are informative, and in some cases, the
only scientific information available. However, projected changes in
climate and related impacts can vary substantially across and within
different regions of the world (e.g., IPCC 2007, pp. 8-12). For this
analysis across the two populations of Chorizanthe parryi var.
fernandina, we used a projection tool called ClimateWizard (2015) to
estimate what changes in rainfall and temperature, if any, would occur
in the region that includes the Santa Clarita and Laskey Mesa
populations over the next 50 years. ClimateWizard (2015) is useful in
projecting future climate conditions and to compare the projections to
baseline values (the latter of which is defined as the average
temperature or precipitation between 1961 and 1990 (ClimateWizard
2015)).
There is no way to measure past impacts at either population
associated with climate change. Compared to historical/baseline
temperature and precipitation measurements, projections of climate
change in the south coast region of California indicate that
precipitation will decrease slightly and temperature will slightly
increase by mid-century. The response of Chorizanthe parryi var.
fernandina may be similar to other plant species with a similar life
history. A growing body of literature discusses the specific mechanisms
by which climate change could affect the abundance, distribution, and
long-term viability of plant species, as well as current habitat
configuration over time, including, but not limited to: Root et al.
(2003), Parmesan and Yohe (2003), and Visser and Both (2005). Some of
the responses by plants to climate change presented by these studies
and others include the following:
1. Drier conditions may result in less suitable habitat, or a lower
germination success and smaller population sizes;
2. Higher temperatures may inhibit germination, dry out soil, or
affect pollinator services;
3. The timing of pollinator life cycles may become out-of-sync with
timing of flowering;
4. A shift in the timing and nature of annual precipitation may
favor expansion in abundance and distribution of nonnative species; and
5. Drier conditions may result in increased fire frequency, making
the ecosystems in which a species currently grows more vulnerable to
threats of nonnative plant invasion.
Overall, although many climate models generally agree about
potential future changes in temperature and precipitation, their
consequent effects on vegetation are more uncertain, as is the rate at
which any such changes might be realized. It is not clear how or when
changes in vegetation type or plant species composition will affect the
distribution of Chorizanthe parryi var. fernandina. Therefore,
uncertainty exists when determining the level of impact climate change
may have on C. parryi var. fernandina or its habitat. Compared to
historical/baseline temperature and precipitation measurements,
projections of climate change in the south coast region of California
indicate that precipitation will decrease slightly and temperature will
slightly increase by mid-century. But at this time and based on the
analysis in the Species Report (Service 2016, pp. 73-78) and summarized
above, we do not have reliable information to indicate that climate
change is a threat to C. parryi var. fernandina habitat now or in the
future, although we will continue to seek additional information
concerning how climate change may affect the plant and its habitat
(Factors A and E).
Synergistic Effects
When stressors occur together, one stressor may exacerbate the
effects of another stressor, causing effects not accounted for when
stressors are analyzed individually. Synergistic effects may be
observed in a short amount of time or may not be noticeable for years
into the future, and could affect the long-term viability of
Chorizanthe parryi var. fernandina. Stressors that could act
synergistically on C. parryi var. fernandina include development;
having small, isolated populations; nonnative, invasive plants;
Argentine ants; wildfire, and potentially climate change. At the Laskey
Mesa site, the presence of nonnative, invasive grasses increases the
frequency of wildfire, which in turn creates more open area for
nonnative, invasive plants to grow that are more likely to ignite and
carry fire than native vegetation (Keeley et al. 2005, p. 2123). At the
Santa Clarita site, the future development of Newhall Ranch would
directly remove 24 percent of the C. parryi var. fernandina population,
fragmenting the habitat between the occurrences of C. parryi var.
fernandina, which will create edge effects around remaining occurrences
within the spineflower preserves, and increase the risk of invasion of
Argentine ants and nonnative, invasive plants. In general, invasive
species are often edge species and become more prevalent or increase in
abundance, while rare and sensitive species and species that were once
widespread tend to decline (Hilty et al. 2006, pp. 42-45). In addition,
the potential loss of habitat and conditions that support growth of C.
parryi var. fernandina due to climate change can work in combination
with and exacerbate the effects of all other stressors, such as
increasing the frequency or intensity of wildfire and increasing the
spread of nonnative, invasive plants and animals. When considered
together, the impact of these stressors has the potential to be high.
Even though the impact of each of these stressors may be low to
moderate under current conditions, the proposed development of Newhall
Ranch, which would occur over the next 25 years, will likely exacerbate
the impact of the stressors while confining the C. parryi var.
fernandina population at this site to small patches of suitable habitat
adjacent to and bordered by urban development. Long-term future impacts
may increase synergistic effects, and it is unknown if C. parryi var.
fernandina will be able to adapt to the potential synergistic effect of
stressors.
Resiliency, Representation, and Redundancy
We use the principles of resiliency, representation, and redundancy
as a lens to evaluate current and future effects to Chorizanthe parryi
var. fernandina. Resiliency refers to the
[[Page 63462]]
capacity of an ecosystem, population, or organism to recover quickly
from disturbance by tolerating or adapting to changes or effects caused
by a disturbance or a combination of disturbances. The degree of
resiliency of a species is influenced by the health of the populations,
including number of individuals, genetic diversity, and habitat
quality. Resiliency increases with a higher number of individuals,
increasing genetic diversity, or better habitat quality; it decreases
with fewer individuals, less genetic diversity, or lowered habitat
quality. In the case of Chorizanthe parryi var. fernandina, the number
of individuals can fluctuate annually by orders of magnitude (GLA 2000;
Sapphos 2000, 2001; Dudek 2010a; Cooper 2015; Dudek 2002-2007, 2010,
2011-2014). The genetic characteristics of C. parryi var. fernandina
have not been investigated; however, Dr. Deborah Rodgers is currently
conducting research into C. parryi var. fernandina's genetic structure
and the degree of inbreeding depression (Dudek 2015, p. 2; Dudek 2016c,
p. 9). Habitat quality for C. parryi var. fernandina at the Santa
Clarita population would be affected by fragmentation from the proposed
Newhall Ranch development, which would result in edge effects, such as
increasing the risk of invasion of nonnative, invasive plants and
animals. Occurrences of C. parryi var. fernandina and its habitat would
be more separated than current conditions because occurrences that
connect, or are intermittent between, the larger concentrations of C.
parryi var. fernandina within the designated preserves would be lost to
development, potentially affecting pollination and dispersal of the
plant. Highly fragmented populations have an increased extinction risk
due to isolation because they are less likely to be repopulated or
supplemented by nearby populations, which makes them more vulnerable,
especially to random, naturally occurring events such as drought and
wildfire (Kohlman et al. 2005, entire; Soule et al. 1992, p. 44).
Reducing resiliency by decreasing habitat quality at the Santa Clarita
population increases the overall risk to the plant from disturbance or
a combination of disturbances. The best scientific and commercial
information available indicates that there are current and future
stressors acting upon C. parryi var. fernandina populations such that
we anticipate impacts to its overall resiliency in the future.
Redundancy refers to the ability of a species to compensate for
fluctuations in or loss of populations across the species' range such
that the loss of a single population has little or no lasting effect on
the structure and functioning of the species as a whole. Multiple
interacting populations across a broad geographic area provide
insurance against the risk of extinction caused by catastrophic events.
Because historically there were no fewer than 10 additional populations
across Los Angeles and Orange Counties in Southern California,
redundancy is decreased for Chorizanthe parryi var. fernandina. If
either of the two extant populations were permanently lost, the
redundancy of C. parryi var. fernandina would be further lowered,
thereby decreasing the plant chance of survival in the face of
potential environmental or demographic stochastic factors and
catastrophic events (e.g., wildfire, extreme drought). We conclude that
there is not sufficient redundancy at present to sustain C. parryi var.
fernandina over the long term, given current and future stressors
acting upon the population.
Representation refers to a species' ability to adapt to changing
environmental conditions related to distribution within the species'
ecological settings. Representation is characterized by the breadth of
genetic and environmental diversity within and among populations. The
level of genetic divergence among the areas where Chorizanthe parryi
var. fernandina grows is unknown. However, occupied area across
multiple populations increases the probability of demographic
persistence and preservation of overall genetic diversity by providing
a larger genetic reservoir. Historically, there were no fewer than 10
C. parryi var. fernandina populations across southern California,
representing at least five level IV ecoregions of the conterminous
United States. Ecoregions denote areas of general similarity in
ecosystems through analysis of patterns of biotic and abiotic
phenomena, including geology, physiography, vegetation, climate, soils,
land use, wildlife, and hydrology; level IV is the finest ecoregion
level developed by the Environmental Protection Agency (Environmental
Protection Agency 2016; https://catalog.data.gov/dataset/level-iv-ecoregions-of-california). Currently, there are only two C. parryi var.
fernandina populations, 17 mi (27 km) apart, representing only one
level IV ecoregion. Therefore, we conclude that representation across
different ecological settings for C. parryi var. fernandina is reduced,
decreasing the ability of the plant to adapt to changing environmental
conditions into the future, which increases the risk of future
extirpation of the plant.
Overall, redundancy and representation are currently reduced and
resiliency is likely to decrease in the future, bringing into question
whether Chorizanthe parryi var. fernandina can sustain itself in the
face of environmental fluctuations and random, naturally occurring
events. Fragmentation of the Santa Clarita population is likely to
decrease habitat quality, reducing resiliency at this population and
increasing the overall risk to the plant from random, naturally
occurring events. With only two populations, there may not be
sufficient redundancy to sustain C. parryi var. fernandina over the
long term, given current and future stressors acting upon the
populations. Currently, the two C. parryi var. fernandina populations
represent only one level IV ecoregion, down from five, decreasing the
ability of the plant to adapt to changing environmental conditions into
the future. At this time, we conclude that there may not be sufficient
resiliency, representation, or redundancy to sustain C. parryi var.
fernandina over the long term, given current and future stressors
acting upon the plant.
Please refer to the Potential Stressors section in the San Fernando
Valley Spineflower (Chorizanthe parryi var. fernandina) Species Report
(Service 2016, pp. 20-78) for a more detailed discussion of our
evaluation of the biological status of the plant and the factors that
may affect its continued existence. Our conclusions are based upon the
best available scientific and commercial data.
Determination
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on (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. Listing actions may be warranted based on any of
the above threat factors, singly or in combination. This document
constitutes the Service's 90-day and 12-month findings on the December
6, 1999, and January 27, 2000, petitions to list Chorizanthe parryi
var. fernandina under the Act as an endangered species.
[[Page 63463]]
Based on our review of the best scientific and commercial
information available, we find that the current threats are of
sufficient imminence, intensity, or magnitude to indicate that
Chorizanthe parryi var. fernandina is likely to become an endangered
species within the foreseeable future throughout all of its range
(threatened). We have determined that C. parryi var. fernandina
warrants listing based on two of the five factors (Factors A and E),
including historical and future loss of habitat and individuals from
development (Factors A and E); having small, isolated populations
(Factor E); presence of invasive, nonnative plants (Factors A and E);
proliferation of Argentine ants (Factor E); and potentially climate
change (Factors A and E).
The Laskey Mesa population is currently affected by nonnative,
invasive grasses (Factors A and E), being one of two small, isolated
populations (Factor E), and potentially by climate change (Factors A
and E). Past land-use activities (e.g., grazing and other human-induced
disturbances), which have historically occurred over most of the Upper
Las Virgenes Canyon Open Space Preserve area including Laskey Mesa,
have greatly modified the vegetation and replaced many native plant
habitats into nonnative annual grasslands (GLA 2000, p. 5). Nonnative,
invasive grasses are currently reducing available habitat for
Chorizanthe parryi var. fernandina throughout this population and
degrading the overall quality of the habitat, although this impact may
decrease in the future when management is implemented.
The Santa Clarita population is currently affected by nonnative,
invasive grasses (Factors A and E); Argentine ants (Factor E); being
one of two small, isolated populations (Factor E); and potentially by
climate change (Factors A and E). The impacts of nonnative grasses
occur throughout the entire population at this site, although this
impact may decrease in the future when management is implemented.
Argentine ants are currently present within at least two spineflower
preserves (Entrada and Potrero), and within the Santa Clara River
corridor. The invasion of Argentine ants into the preserves is likely
to displace or negatively affect arthropods, including known
Chorizanthe parryi var. fernandina pollinators (e.g., epigeic ants,
beetles (Coleoptera), flies (Diptera), honeybees) and seed dispersers
(e.g., harvester ants), reducing the natural diversity of pollinators
and dispersers, which is expected in turn to decrease the long-term
viability of C. parryi var. fernandina after a series of poor seed-
production years.
The Santa Clarita population will also be affected in the future by
the proposed Newhall Ranch development project (Factors A and E). The
development of Newhall Ranch will remove 24 percent of the Chorizanthe
parryi var. fernandina population at this site, resulting in loss of
individuals and habitat. The resulting fragmentation could increase
impacts of random, naturally occurring events and result in loss of
genetic variation. In addition, edge effects include increased risk of
invasion of nonnative plants (Factors A and E) and Argentine ants
(Factor E). Argentine ants will likely occur adjacent to the preserves
in the future post-development, and it is likely that Argentine ants
will occur in other preserves that are currently free of Argentine ants
in the future.
Population size, distribution, and diversity can be an indicator of
whether a species can sustain itself into the future in the face of
environmental fluctuations and natural, randomly occurring events.
Decreased resiliency at the Santa Clarita population due to habitat
fragmentation from the proposed Newhall Ranch development would
increase the overall risk to the plant from disturbance or a
combination of disturbances. With only two populations, Chorizanthe
parryi var. fernandina exhibits low redundancy at present, which may be
insufficient to sustain the plant over the long term, given current and
future stressors acting upon the populations. Historically C. parryi
var. fernandina populations across southern California represented at
least five level IV ecoregions; currently, the two C. parryi var.
fernandina populations represent only one level IV ecoregion,
decreasing the ability of the plant to adapt to changing environmental
conditions into the future. At this time, we conclude that there may
not be sufficient resiliency, redundancy, or representation to sustain
C. parryi var. fernandina over the long term, given current and future
stressors acting upon the populations.
The Act defines the term ``species'' as includes any subspecies of
fish or wildlife or plants, and any distinct population segment of any
species of vertebrate fish or wildlife which interbreeds when mature.
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' We find that Chorizanthe parryi var.
fernandina is likely to become endangered throughout all or a
significant portion of its range within the foreseeable future based on
the current and future threats to the plant. The plants' historical
range has been significantly reduced, and the remaining habitat and two
populations are significantly and currently impacted by multiple
threats at the population or rangewide scale. Therefore, on the basis
of the best available scientific and commercial information, we propose
listing C. parryi var. fernandina as a threatened species in accordance
with sections 3(20) and 4(a)(1) of the Act.
The threats associated with indirect effects to the Santa Clarita
population from the Newhall Ranch proposed development (e.g.,
fragmentation and edge effects) are expected in the future.
Fragmentation would separate Chorizanthe parryi var. fernandina
occurrences more than current conditions, potentially reducing
pollination and dispersal, and result in edge effects around the
remaining post-development occurrences, including an increase in
nonnative plants and Argentine ants. Because these are future threats,
we have determined that C. parryi var. fernandina is not currently in
danger of extinction and thus does not meet the definition of
``endangered.'' Rather, these threats are likely to occur in the
foreseeable future such that the plant is likely to become endangered
throughout all or a significant portion of its range within the
foreseeable future, which is the definition of a threatened species.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. Because we have determined that
Chorizanthe parryi var. fernandina is threatened throughout all of its
range, no portion of its range can be ``significant'' for purposes of
the definitions of ``endangered species'' and ``threatened species.''
See the Final Policy on Interpretation of the Phrase ``Significant
Portion of Its Range'' in the Endangered Species Act's Definitions of
``Endangered Species'' and ``Threatened Species'' (79 FR 37578; July 1,
2014).
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies, private
organizations, and
[[Page 63464]]
individuals. The Act encourages cooperation with the States and other
countries and calls for recovery actions to be carried out for listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act calls for the Service to develop
and implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Completed recovery plans may be revised to
address continuing or new threats to the species, as new substantive
information becomes available. The recovery plan also identifies
recovery criteria to evaluate when a species may be ready for
downlisting or delisting, and methods for monitoring recovery progress.
Recovery plans also establish a framework for agencies to coordinate
their recovery efforts and provide estimates of the cost of
implementing recovery tasks. Recovery teams (composed of species
experts, Federal and State agencies, nongovernmental organizations, and
stakeholders) are often established to develop recovery plans. If we
list Chorizanthe parryi var. fernandina, the recovery outline, draft
recovery plan, and the final recovery plan for the plant will be
available on our Web site (http://www.fws.gov/endangered), or from our
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
If Chorizanthe parryi var. fernandina is listed, funding for recovery
actions will be available from a variety of sources, including Federal
budgets, State programs, and cost share grants for non-Federal
landowners, the academic community, and nongovernmental organizations.
In addition, pursuant to section 6 of the Act, the State of California
would be eligible for Federal funds to implement management actions
that promote the protection or recovery of C. parryi var. fernandina.
Information on our grant programs that are available to aid species
recovery can be found at: http://www.fws.gov/grants.
Although Chorizanthe parryi var. fernandina is only proposed for
listing under the Act at this time, please let us know if you are
interested in participating in recovery efforts for this plant.
Additionally, we invite you to submit any new information on this plant
whenever it becomes available and any information you may have for
recovery planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into consultation with the
Service.
Federal agency actions within the plants' habitat that may require
conference or consultation or both under section 7 of the Act as
described in the preceding paragraph include, but are not limited to,
management and any other landscape-altering activities on Federal lands
and activities on non-Federal lands that require the issuance of
section 404 Clean Water Act (33 U.S.C. 1251 et seq.) permits by the
U.S. Army Corps of Engineers.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a proposed
listing on proposed and ongoing activities within the range of the
species proposed for listing. The Act and its implementing regulations
set forth a series of general prohibitions and exceptions that apply to
endangered and threatened plants. With regard to threatened plants, 50
CFR 17.71 provides that all of the prohibitions in 50 CFR 17.61
applicable to endangered plants apply to threatened plants, with one
exception. Thus, the regulations at 50 CFR 17.71(a) make it illegal for
any person subject to the jurisdiction of the United States to import
or export, transport in interstate or foreign commerce in the course of
a commercial activity, sell or offer for sale in interstate or foreign
commerce, or remove and reduce the species to possession from areas
under Federal jurisdiction any threatened plant. There is an exception
for the seeds of cultivated specimens, provided that a statement that
the seeds are of ``cultivated origin'' accompanies the seeds or their
container. The Service concludes that the following activities would
not result in violation of section 9 (this list is not comprehensive):
Activities on private land such as grazing management, agricultural
conversions, flood and erosion control, residential development, road
construction, and pesticide/herbicide application when consistent with
label restrictions. Questions regarding whether specific activities
would constitute a violation of section 9 of the Act should be directed
to the Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Critical Habitat for Chorizanthe parryi var. fernandina
Background
Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are
[[Page 63465]]
found those physical or biological features:
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation does not allow the government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner requests Federal agency
funding or authorization for an action that may affect a listed species
or critical habitat, the consultation requirements of section 7(a)(2)
of the Act would apply, but even in the event of a destruction or
adverse modification finding, the obligation of the Federal action
agency and the landowner is not to restore or recover the species, but
to implement reasonable and prudent alternatives to avoid destruction
or adverse modification of critical habitat.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines, provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
Prudency Determination
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12), require that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat at
the time the species is determined to be endangered or threatened. Our
regulations (50 CFR 424.12(a)(1)) state that the designation of
critical habitat is not prudent when one or both of the following
situations exist: (1) The species is threatened by taking or other
human activity, and identification of critical habitat can be expected
to increase the degree of threat to the species, or (2) such
designation of critical habitat would not be beneficial to the species.
There is currently no imminent threat to Chorizanthe parryi var.
fernandina from collection or vandalism under Factor B, and
identification and mapping of critical habitat is not likely to
increase any such threat. In the absence of finding that the
designation of critical habitat would increase threats to a species, if
there are any benefits to a critical habitat designation, then a
prudent finding is warranted. The potential benefits of designation
include: (1) Triggering consultation under section 7 of the Act in new
areas for actions in which there may be a Federal nexus where it would
not otherwise occur because, for example, it is or has become
unoccupied or the occupancy is in question; (2) focusing conservation
activities on the most essential features and areas; (3) providing
educational benefits to State or county governments or private
entities; and (4) preventing people from causing inadvertent harm to
the plant. Therefore, because we have determined that the designation
of critical habitat will not likely increase the degree of threat to C.
parryi var. fernandina and may provide some measure of benefit, we find
that designation of critical habitat is prudent for C. parryi var.
fernandina.
Critical Habitat Determinability
Having determined that designation is prudent, under section
4(a)(3) of the Act we must find whether critical habitat for the
species is determinable. Our regulations at 50 CFR 424.12(a)(2) state
that critical habitat is not determinable when one or both of the
following situations exist: (i) Information sufficient to perform
required analyses of the impacts of the designation is lacking, or (ii)
The biological needs of the species are not sufficiently well known to
permit identification of an area as critical habitat.
As discussed above, we have reviewed the available information
pertaining to the biological needs of Chorizanthe parryi var.
fernandina and habitat characteristics where this plant is located. On
the basis of a review of available information, we find that critical
habitat for C. parryi var. fernandina is not determinable because the
specific information sufficient to perform the required analysis of the
impacts of the designation is currently lacking. We will make a
determination on critical habitat no later than 1 year following any
final listing determination.
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and
[[Page 63466]]
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 listing a species as an endangered
or threatened species under the Endangered Species Act. We published a
notice outlining our reasons for this determination in the Federal
Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of references cited in this rulemaking is available
in the San Fernando Valley Spineflower (Chorizanthe parryi var.
fernandina) Species Report available at http://www.regulations.gov and
upon request from the Ventura Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this proposed rule are the staff members of
the Ventura Fish and Wildlife Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.12 paragraph (h) by adding an entry for ``Chorizanthe
parryi var. fernandina'' to the List of Endangered and Threatened
Plants in alphabetical order under FLOWERING PLANTS to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations
Scientific name Common name Where listed Status and applicable
rules
----------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Chorizanthe parryi var. San Fernando Wherever found.... T................. [Insert Federal
fernandina. Valley Register citation
spineflower. when published as
a final rule]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: August 30, 2016.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-22167 Filed 9-14-16; 8:45 am]
BILLING CODE 4333-15-P