[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Proposed Rules]
[Pages 1296-1307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31581]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2016-0127; FXES11130900000 167 FF09E42000]
RIN 1018-BB39


Endangered and Threatened Wildlife and Plants; Removing 
Trichostema austromontanum ssp. compactum (Hidden Lake Bluecurls) From 
the Federal List of Endangered and Threatened Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of a draft post-delisting 
monitoring plan.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
remove the plant Trichostema austromontanum ssp. compactum (Hidden Lake 
bluecurls) from the Federal List of Endangered and Threatened Plants on 
the basis of recovery. This determination is based on a review of the 
best available scientific and commercial information, which indicates 
that the threats to T. a. ssp. compactum have been eliminated or 
reduced to the point where it no longer meets the definition of an 
endangered species or a threatened species under the Endangered Species 
Act of 1973, as amended (Act). We are seeking information and comments 
from the public regarding this proposed rule and the draft post-
delisting monitoring (PDM) plan for T. a. ssp. compactum.

DATES: We will accept comments received or postmarked on or before 
March 6, 2017. We must receive requests for public hearings, in 
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by 
February 21, 2017.

ADDRESSES: Comment submission: 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-2016-0127, 
which is

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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-deliver to: Public 
Comments Processing, Attn: Docket No. FWS-R8-ES-2016-0127, 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 Information Requested, below, for more information).
    Document availability: A copy of the draft PDM plan referenced 
throughout this document can be viewed at http://ecos.fws.gov/ecp0/profile/speciesProfile?sId=1285, at http://www.regulations.gov under 
Docket No. FWS-R8-ES-2016-0127, or at the Carlsbad Fish and Wildlife 
Office's Web site at http://www.fws.gov/Carlsbad/.

FOR FURTHER INFORMATION CONTACT: G. Mendel Stewart, Field Supervisor, 
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008; telephone 760-431-9440; facsimile (fax) 760-431-
5901. If you use a telecommunications device for the deaf (TDD), call 
the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Information Requested

    We intend any final action resulting from this proposal will be 
based on the best scientific and commercial data available and be as 
accurate and as effective as possible. Therefore, we request comments 
or information from other governmental agencies, tribes, the scientific 
community, industry, or other interested parties concerning this 
proposed rule. We particularly seek comments concerning:
    (1) Reasons why we should or should not remove Trichostema 
austromontanum ssp. compactum from the List of Endangered and 
Threatened Plants (i.e., ``delist'' the subspecies) under the Act;
    (2) New biological or other relevant data concerning any threat (or 
lack thereof) to this subspecies (for example, those associated with 
climate change);
    (3) New information on any efforts by the State or other entities 
to protect or otherwise conserve the subspecies;
    (4) New information concerning the range, distribution, and 
population size or trends of this subspecies;
    (5) New information on the current or planned activities in the 
habitat or range that may adversely affect or benefit the subspecies; 
and
    (6) Information pertaining to the requirements for post-delisting 
monitoring of Trichostema austromontanum ssp. compactum.
    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, may not meet the standard of information required by 
section 4(b)(1)(A) of the Act (16 U.S.C. 1531 et seq.), which 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 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, Carlsbad Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

Public Hearings

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. We must receive your request by the 
date specified above in DATES. Send your request to the address shown 
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 
accommodation, in the Federal Register and local newspapers at least 15 
days before the hearing.

Previous Federal Actions

    On September 14, 1998, we published a final rule (63 FR 49006) to 
list Trichostema austromontanum ssp. compactum as a threatened species. 
At that time, we determined that the designation of critical habitat 
was not prudent because it would likely increase the number of visitors 
to the geographic location of the single known occurrence and because 
it would undermine ongoing efforts by the California Department of 
Parks and Recreation (CDPR to protect this occurrence. As a consequence 
of a settlement agreement, we withdrew our previous not-prudent 
determination, and agreed to reevaluate the prudency of designating 
critical habitat. However, based on our review and evaluation of the 
best scientific and commercial information available, we determined 
that designation of critical habitat continued to be not prudent for T. 
a. ssp. compactum (72 FR 54377; September 25, 2007).

Subspecies Information

    It is our intent to discuss only those topics directly related to 
the delisting in this proposed rule. For more information on the 
description, biology, ecology, and habitat of Trichostema 
austromontanum ssp. compactum, please refer to the listing final rule 
published in the Federal Register on September 14, 1998 (63 FR 49006); 
the critical habitat prudency determination published in the Federal 
Register on September 25, 2007 (72 FR 54377); the most recent 5-year 
review for T. a. ssp. compactum completed on May 6, 2013 (Service 2013, 
entire); and the Conservation Strategy for T. a. ssp. compactum, 
completed in 2009 (Fraga and Kietzer 2009, pp. 1-29). These documents 
will be available as supporting materials at http://www.regulations.gov 
under Docket No. FWS-R8-ES-2016-0127.

Subspecies Description

    Trichostema austromontanum ssp. compactum, a member of the 
Lamiaceae (mint family), was described by F. Harlan Lewis (1945) based 
on specimens collected in 1941, by M.L. Hilend at Hidden Lake in the 
San Jacinto Mountains of Riverside County, California. Trichostema a. 
ssp. compactum is a compact, soft-villous (with long, shaggy hairs), 
annual plant, approximately 4 inches (in) (10 centimeters (cm)) tall, 
with short

[[Page 1298]]

internodes (stem segments between leaves), elliptic leaves, and blue 
flowers with a five-lobed corolla (Lewis 1945, pp. 280-281, 284-285; 
Lewis 1993, p. 732). Its fruit consists of four smooth, basally-joined 
nutlets. Many taxa of Trichostema have volatile secondary plant 
compounds that produce a strong odor and taste. The common name vinegar 
weed is attributed to many different species of Trichostema.

Subspecies Biology

    Trichostema austromontanum ssp. compactum is only found on the 
margins of Hidden Lake, a small montane vernal pool, in the San Jacinto 
Mountains, Riverside County, California. At an elevation of 8,700 feet 
(ft) (2,650 meters (m)), Hidden Lake is Riverside County's only high-
elevation vernal pool (Bauder 1999, pp. 3-4), and is owned and managed 
by Mount San Jacinto State Park (Park). Hidden Lake is located within a 
California State Park Natural Preserve (The Hidden Lake Divide Natural 
Preserve) and is surrounded by the Mount San Jacinto State Wilderness 
Area (CDPR 2002, pp. 62-63). The single pool that supports the entire 
range of T. a. ssp. compactum encompasses an area of approximately 2 
acres (ac) (1 hectare (ha)) and is about 4 ft (1.3 m) deep during the 
period of maximum inundation (November to April) (Bauder 1999, p. 13; 
CDPR 2002, pp. 62-63). The pool shrinks in size as the seasons 
progress, sometimes remaining wet in the center and other times drying 
out completely.
    Additionally, a small population (36 individuals) of Trichostema 
austromontanum ssp. compactum was once observed less than 300 ft (100 
m) outside of the Hidden Lake area of inundation (Fraga and Wall 2007, 
p. 10). This area is within the vernal pool's watershed, and is within 
the aforementioned Natural Preserve and State Wilderness.
    Several studies have examined the breeding system, habitat 
parameters, and micro-distribution of Trichostema austromontanum ssp. 
compactum and its relatives (Lewis 1945, pp. 276-303; Lewis 1960, pp. 
93-97; Spira 1980, pp. 278-284; Bauder 1999, pp. 1-41). Seeds of T. a. 
ssp. compactum typically germinate in early July, and plants complete 
their life cycle as the temperature begins to drop to freezing (October 
to November) (Fraga and Wall 2007, pp. 2-5). Plants generally flower 
between July and September, but flowering has been documented as late 
as November (Bauder 1999, p. 1; Fraga and Wall 2007, pp. 4-5). Fruits 
and seeds begin to develop in early August and continue to develop 
until November (Fraga and Wall 2007, pp. 2-5). Trichostema 
austromontanum ssp. compactum has no documented pollinators and is 
self-compatible (flowers are able to be fertilized by pollen from of 
the same plant) (89.1 percent seed set with the exclusion of 
pollinators) (Spira 1980, p. 282). Spira (1980, p. 280) also found that 
insects visiting the other subspecies of T. austromontanum lacked 
pollen grains on their dorsal surface (which is needed for the transfer 
of pollen to stigma) and, therefore, were not acting as effective 
pollinators. This suggests that flowers of both subspecies of this 
species are not commonly pollinated by insects and are likely self-
fertilized (Spira 1980, pp. 280-283).
    Trichostema austromontanum ssp. compactum produces seeds that 
exhibit characteristics that relate to its adaptation to variable 
environmental conditions. In nature, plants occur around the margins of 
Hidden Lake in open soil that is exposed during the summer after the 
water recedes (Bauder 1999, p. 37). A germination study of T. a. ssp. 
compactum was conducted by Bauder (1999) using controlled light and 
temperature growing chambers. Results from the study indicated that 
daily temperature maxima must be in the range of 77 to 86 degrees 
Fahrenheit ([deg]F) (25 to 30 degrees Celsius ([deg]C)) for germination 
to occur (Bauder 1999, p. 37). This study also showed that seeds 
require a period of cold stratification and a cycle of wet and dry 
conditions to break their dormancy (Bauder 1999, pp. 28-30, 37). A 
large portion of the seeds produced by T. a. ssp. compactum did not 
germinate in this study and a subsequent germination study conducted by 
staff at Rancho Santa Ana Botanic Garden (RSABG). The authors of both 
reports suggested that seeds that do not germinate remain in the soil 
as a seed bank over multiple seasons until specific environmental and 
physiological conditions are met (Bauder 1999, p. 37; RSABG 2009, p. 5; 
see also Baskin and Baskin 1989, pp. 54-66).
    The soil seed bank provides a buffering mechanism for this taxon 
against the variability of its habitat conditions and periodic drought 
years. For example, there may be a year when Hidden Lake dries 
atypically fast or is subject to a seasonal inundation (e.g., from a 
late-summer thunderstorm), which may lead to a catastrophic loss of a 
standing population prior to seed set. Thus, a soil seed bank offsets 
the loss of seeds in poor years. This strategy helps Trichostema 
austromontanum ssp. compactum to persist in a variable environment, 
similar to other species adapted to vernal pool habitat or desert 
environments (Philippi 1993, pp. 481-484; Simovich and Hathaway 1997, 
pp. 41-43). Due to the complex nature of this strategy to persist 
through varied conditions, we will recommend as part of the PDM plan to 
conduct research on seed viability, seed longevity, and reproductive 
potential of standing plants to better understand the long-term health 
of this subspecies and the likelihood that the small occurrence can 
persist.

Range, Distribution, Abundance, and Habitat

    Surveys have shown that the population size of Trichostema 
austromontanum ssp. compactum differs greatly from year to year. This 
fluctuation may be due to the amount of precipitation, the extent of 
suitable habitat along the margins of the lake, or a combination of 
factors. The population has been documented to be as large as 243,000 
individuals in 2012, to as few as 75 individuals in 2000 (Fraga and 
Wall 2010, p. 6; CNDDB 2011, p. 1; Fraga 2016, pers. comm.). Despite 
the annual differences in population size, the population is considered 
stable because the variation in population size is primarily due to 
natural factors and because similar variations are seen over a multi-
year period.
    Trichostema austromontanum ssp. compactum seeds germinate around 
the margin of Hidden Lake as the ponded water evaporates (Bauder 1999, 
pp. 20-23). Though the highest density of plants has been observed in 
different portions of the vernal pool margin, observations of T. a. 
ssp. compactum were most abundant on the northern margin of the vernal 
pool (Fraga and Wall 2007, p. 4). This area likely receives more 
sunlight due to the lack of trees just to the south where the pool is 
located. A small subpopulation is located in a swale (a low area where 
runoff collects) approximately 300 ft (91 m) away to the northeast from 
the vernal pool between the Desert View Overlook and Hidden Lake.

Pre-Listing Threats

    From the 1920s to the 1980s, Hidden Lake was a popular destination 
in the Park for hikers and equestrians. In 1964, a tram was constructed 
that greatly increased the number of visitors to the Park. In the 1970s 
and 1980s, a movie was shown to tram-riders that included images of 
people swimming at Hidden Lake (Hamilton 1983, p. 96). The high number 
of visitors to Hidden Lake, combined with the lack of regulations on 
the use of Hidden Lake, threatened

[[Page 1299]]

the rare and unique community of plants and animals found at this high 
montane vernal pool. There was special concern for the continued 
existence of Trichostema austromontanum ssp. compactum because Hidden 
Lake was the only location where this subspecies occurred. Researchers 
found that in cases of heavy trampling, the number of T. a. ssp. 
compactum plants that survived to produce flower was greatly reduced 
(Hamilton 1991, p. 22). The Service and others were concerned that 
without the protections and implementation of proper management 
actions, T. a. ssp. compactum could become endangered and possibly 
extinct. Trichostema austromontanum ssp. compactum was subsequently 
listed as a threatened species due to vulnerabilities associated with 
trampling and due to its limited numbers (63 FR 49006).

Recovery Implementation

    A formal recovery plan for Trichostema austromontanum ssp. 
compactum has not been prepared, and, therefore, specific delisting 
criteria have not been developed for the subspecies. However, the 
Service reviewed the status of the subspecies in the 2006 and 2013 5-
year reviews (Service 2006; 2013). In those reviews, the Service 
identified remaining threats to the taxon and actions that could be 
taken to make progress in addressing those threats and ensuring long-
term management. These included demonstrating that: (1) Management by 
CDPR has been effective; (2) stochastic threats are not significant; 
and (3) sufficient seed is banked for reintroduction after an adverse 
stochastic event (Service 2013, pp. 14-15). We identified in the 2009 
Spotlight Species Action Plan (Service 2009, pp. 2-4, 6) specific 
actions that would ameliorate threats and ensure long-term management:
    (1) Continue work with CDPR as partners to monitor visitor use at 
Hidden Lake;
    (2) Monitor population and habitat of Trichostema austromontanum 
ssp. compactum;
    (3) Complete collections for seed banking;
    (4) Devise long-term protocol for seed banking and use of seeds in 
recovery; and
    (5) Finalize the Conservation Strategy and a long-term management 
plan for the subspecies, and a long-term agreement with CDPR that will 
include established monitoring and the implementation of an adaptive 
management plan.
    Existing conservation efforts for each of these actions are 
discussed below.
(1) Continue Work With CDPR as Partners To Monitor Visitor Use at 
Hidden Lake
    Monitoring of visitor use at Hidden Lake was conducted by CDPR from 
2007 to 2015 (Kietzer 2011a, pp. 4-5). Although unauthorized access to 
the area appears to have been minimized (Fraga and Wall 2010, p. 5; 
Kietzer 2011a, pp. 4-5), CDPR will continue to monitor visitor use as 
described in the draft PDM plan. This action has been fully 
implemented, and we expect implementation to continue as part of the 
PDM plan and Conservation Strategy.
(2) Monitor Population and Habitat of Trichostema austromontanum ssp. 
compactum
    In coordination with the Service, CDPR and RSABG developed a 
monitoring protocol for Trichostema austromontanum ssp. compactum 
resulting from several years of investigation (2006 to 2009), which 
included mapping the area of occupancy of T. a. ssp. compactum around 
Hidden Lake and conducting census counts to estimate population size 
(Fraga and Wall 2010, pp. 4-6; Fraga and Kietzer 2012, p. X). 
Additionally, equipment for monitoring Hidden Lake's microclimate and 
its effects on the lake level was installed by CDPR in 2010 (Kietzer 
2011a, pp. 2-3; Kietzer 2011b, p. 4). Over the past few years, CDPR and 
RSABG have worked together to develop and implement a more robust 
statistical sampling method. Initial results suggest that plant numbers 
were previously underestimated in annual surveys (Kietzer 2016, pers. 
comm.). Monitoring of this taxon and its habitat will continue as 
described in the draft PDM plan and Conservation Strategy.
(3) Complete Collections for Seed Banking
    Collection of Trichostema austromontanum ssp. compactum seeds and 
establishment of an ex situ (off-site) conservation seed bank at RSABG 
occurred over 3 years (2006, 2008, and 2009). For security purposes, 
back-up samples from each year's collections will be stored at the U.S. 
Department of Agriculture's National Center for Genetic Resource 
Preservation in Fort Collins, Colorado (Fraga and Wall 2010, p. 7). 
This provides insurance against the subspecies going extinct if the 
natural occurrence were extirpated due to an adverse stochastic event 
or other circumstances (such as disease or prolonged drought).
(4) Devise Long-Term Protocol for Seed Banking and Use of Seeds in 
Recovery
    Trichostema austromontanum ssp. compactum seeds collected at Hidden 
Lake are being stored at RSABG. Germination trials will be conducted at 
regular intervals to determine a long-term protocol for seed banking 
and use of seeds in recovery. This project is ongoing and is discussed 
in further detail in the draft PDM plan.
(5) Finalize the Conservation Strategy and a Long-Term Management Plan 
for the Subspecies, and a Long-Term Agreement With CDPR That Will 
Include Established Monitoring and the Implementation of an Adaptive 
Management Plan
    A Conservation Strategy was developed that outlined additional 
conservation actions for this taxon (Fraga and Kietzer 2009, pp. 1-29), 
which was used as the foundation for the draft PDM plan. Methods for 
long-term monitoring of this taxon are discussed further in the draft 
PDM plan (see ADDRESSES for information on viewing the draft PDM plan).

Summary of Factors Affecting Trichostema austromontanum ssp. compactum

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth the procedures for listing species on, reclassifying 
species on, or removing species from the Lists of Endangered and 
Threatened Wildlife and Plants. ``Species'' is defined by the Act as 
including any species or subspecies of fish or wildlife or plants, and 
any distinct 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 species 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 manmade factors 
affecting its continued existence. A species may be reclassified on the 
same basis.
    A recovered species is one that no longer meets the Act's 
definition of endangered species or threatened species. Determining 
whether a species is recovered requires consideration of whether the 
species is still an endangered species or threatened

[[Page 1300]]

species because of any of the five categories of threats specified in 
section 4(a)(1) of the Act. For species that are already listed as 
endangered or threatened species, this analysis of threats is an 
evaluation of both the threats currently facing the species and those 
that are reasonably likely to affect the species in the foreseeable 
future following the delisting or downlisting (i.e., reclassifying a 
species from an endangered species to a threatened species) and the 
removal or reduction of the Act's protections.
    A species is an ``endangered species'' for 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 
an endangered species within the foreseeable future throughout all or a 
significant portion of its range. The Act does not define the term 
``foreseeable future.'' For this proposed delisting rule, our forecast 
of future impacts is based on a review of the period of available data 
for each stressor and, when possible, a projection of the situation at 
least for a similar time period into the future. For example:
     The effect of trampling on Trichostema austromontanum ssp. 
compactum can be addressed through management of hikers and 
equestrians, which CDPR does through implementing regulatory 
mechanisms. CDPR started addressing the impacts about the time the 
subspecies was listed, in particular with the Mount San Jacinto State 
Park general plan update in 2002. This plan serves as a ``long-range 
management tool'' by providing ``conceptual parameters for future 
management actions'' (CDPR 2002, p. 3). To assess the timeframe of this 
regulatory mechanism, we note that it does not include an ``expiration 
date'' or equivalent. Further, we note that in 2010, CDPR changed its 
approach to the duration of a given Park's general plan, stating in its 
Planning Handbook (CDPR 2010, p. 17) that CDPR previously considered 
general plans to have a 15- to 20-year planning horizon or lifespan. 
Under the current planning structure of broad, goal-oriented general 
plans and subordinate, more focused management plans, general plans are 
no longer thought of as having expiration dates or a finite life span 
when they would be considered invalid. General plans are reconsidered 
for amendments or revisions when circumstances and needs dictate, such 
as additional land acquisitions and/or substantial development 
considerations that were not addressed in the general plan or evaluated 
during the general plan process.
    Thus, for trampling, we have about a 15-year record of management 
actions to benefit Trichostema austromontanum ssp. compactum that are 
linked to the general plan's implementation, and because the general 
plan is a long-term document (more than 15 to 20 years), we expect that 
management will continue into the future for at least 20 years. At the 
future point when the general plan is updated, the public--including 
the Service--will have the opportunity to review and comment on the new 
general plan under the State's California Environmental Quality Act 
(CEQA) process (independent of the subspecies' listing status).
     The timeline for the effects of small populations is 
inherently difficult to assess, and the effects are inherently 
difficult to address. This is especially true for a population that is 
naturally small, which is the case for Trichostema austromontanum ssp. 
compactum. Population trend data can help with that assessment. As 
detailed in the draft PDM plan, we have at least rough estimates of 
population size going back to 1979, though with a gap between 1993 and 
2006, when more formalized monitoring began. Thus, we have a general 
idea about the population's size over a span of about 40 years.
     Although information exists regarding potential impacts 
from climate change beyond a 50-year timeframe, the projections depend 
on an increasing number of assumptions, and thus become more uncertain 
with increasingly large timeframes. Therefore, a timeframe of 50 years 
is used to provide the best balance of scope of impacts considered, 
versus certainty of those impacts.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    No threats to the habitat of Trichostema austromontanum ssp. 
compactum were identified in the final listing rule (63 FR 49006). 
Present or threatened destruction, modification, or curtailment of T. 
a. ssp. compactum's habitat or range is not now a threat, nor do we 
expect it to be in the future. The land where T. a. ssp. compactum 
occurs is owned and managed by the Mount San Jacinto State Park and is 
located within a California State Park Natural Preserve, which is 
surrounded by the San Jacinto State Wilderness Area (CDPR 2002, pp. 62-
63). Because the only known occurrence of this subspecies is on State-
owned land designated as State Wilderness inside a State Park, and the 
Hidden Lake area has been designated as the Hidden Lake Divide Natural 
Preserve, the subspecies and its habitat are protected from any 
development or other modification of habitat. Some habitat disturbance 
from recreational activities has occurred in the past. As discussed 
below, surveys have been conducted at Hidden Lake in recent years and 
observers found that habitat disturbances have been minimized (Fraga 
and Wall 2010, p. 5). We anticipate that these conditions will remain 
essentially the same in the future because of the CDPR's implementation 
of the Park's general plan.

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

    In the 1998 final listing rule, no threats to Trichostema 
austromontanum ssp. compactum were attributed to Factor B (63 FR 
49006). Since listing, we are only aware of the collections of seed and 
plant material by Service-authorized permittees for the purpose of 
creating a conservation seed bank for this taxon at RSABG (USFWS permit 
#TE00918-3). These permitted collections were conducted by trained 
individuals, following Service guidelines to minimize effect on the 
population of T. a. ssp. compactum. If the subspecies is delisted, no 
Service permit would be required. However, the Park would continue to 
manage access and special use permits as required by the Park, and any 
future collection would be consistent with conservation management for 
the subspecies, such as for continued monitoring or research. In 
conclusion, we find that there are no threats now nor are there likely 
to be any threats in the future to T. a. ssp. compactum, throughout its 
range, related to overutilization for commercial, recreational, 
scientific, or educational purposes.

C. Disease or Predation

    No threats to Trichostema austromontanum ssp. compactum were 
attributed to Factor C in the 1998 listing rule (63 FR 49006). We have 
no data to suggest that herbivory or disease are affecting T. a. ssp. 
compactum, nor do we have data that suggest impacts will become a 
threat in the future. Therefore, we find that there are no threats now 
nor are there likely to be any threats in the future to T. a. ssp. 
compactum, throughout its range, related to disease or predation.

D. The Inadequacy of Existing Regulatory Mechanisms

    In our discussion under Factors A, B, C, and E, we evaluate the 
significance of threats as mitigated by any conservation efforts and 
existing regulatory

[[Page 1301]]

mechanisms. Where threats exist, we analyze the extent to which 
conservation measures and existing regulatory mechanisms address the 
specific threats to the species. Regulatory mechanisms, if they exist, 
may reduce or eliminate the impacts from one or more identified 
threats.
    Although inadequacy of existing regulatory mechanisms was not 
specifically identified as a threat to Trichostema austromontanum ssp. 
compactum at the time of listing, we did discuss the very limited 
number of protections that existed for the subspecies (63 FR 49006). 
Specifically, we discussed conservation provisions under section 404 of 
the Federal Clean Water Act (CWA; 33 U.S.C. 1251 et seq.) and land 
management of CDPR at the Park.
Section 404 of the Federal Clean Water Act (CWA)
    Under section 404 of the Federal CWA, the U.S. Army Corps of 
Engineers (Corps) regulates the discharge of fill material into waters 
of the United States, which include navigable and isolated waters, 
headwaters, and adjacent wetlands (33 U.S.C. 1344). Any action with the 
potential to impact waters of the United States must be reviewed under 
the Federal CWA, National Environmental Policy Act (42 U.S.C. 4321 et 
seq.), and (when listed species may also be impacted) the Act. However, 
because the only known occurrence of this subspecies was on State-owned 
land designated as a State Wilderness inside a State Park, we believed 
at the time the subspecies was listed that it was unlikely that fill 
materials will be discharged and thus protections associated with 
section 404 of the Federal CWA would not be relevant. Now, Hidden Lake 
is within an area designated by the State as Natural Preserve, which 
itself is within State Wilderness. As such, we continue to believe that 
it is unlikely that an action will occur that would trigger section 404 
of the Federal CWA.
California Department of Parks and Recreation (CDPR)
    As discussed above, the entire known distribution of Trichostema 
austromontanum ssp. compactum occurs at a single vernal pool known as 
Hidden Lake, owned by the State of California and managed by CDPR. 
Under existing regulatory mechanisms enacted by the State of 
California, CDPR manages specifically for the conservation of the 
subspecies. While discussion of CDPR's management of many aspects of 
the conservation needs of the subspecies might also be appropriately 
discussed under other factors (e.g., eliminating trails to maintain 
natural drainage could also be discussed under factor A; efforts to 
reduce and manage impacts from recreational activities could also be 
discussed under factor E), it is included here for ease of discussion 
since CDPR's authority to provide for the continued conservation of the 
species flows from regulatory protections provided by state 
regulations, designations, and the park's general plan. Such management 
was being implemented before listing and is being implemented today. 
Prior to listing, the protections included actions to reduce impacts 
from visitors by removing references to Hidden Lake from trail maps and 
signs. Since listing, the CDPR installed barriers in 2000, to exclude 
equestrian use of the area surrounding Hidden Lake (Guaracha, CDPR, 
2006, pers. comm.), thereby reducing the threat of trampling to the 
subspecies (see Factor E discussion, below).
    As a part of the 2002 general plan for Mount San Jacinto State 
Park, CDPR designated Hidden Lake and its associated watershed area as 
the Hidden Divide Natural Preserve (Preserve) (CDPR 2002, pp. 62-63). 
As a Preserve, the 255-acre (103-ha) area is afforded regulatory 
protection under California Public Resources Code section 5019.71, 
which states, ``[t]he purpose of natural preserves shall be to preserve 
such features as rare or endangered plant and animal species and their 
supporting ecosystems.'' This allows CDPR to manage Hidden Lake 
specifically for the conservation of Trichostema austromontanum ssp. 
compactum and other sensitive resources found in the area, as opposed 
to pre-designation when recreational use was part of management 
considerations. We summarize below the management actions CDPR has 
taken for the conservation of the subspecies associated with management 
under the natural preserve designation.
    With funding from the Service's Showing Success Grant Program (a 
Service initiative, discontinued in 2012, that provided funding for 
final actions needed to bring a species to the point it could be 
downlisted or delisted), CDPR conducted a survey of the Preserve 
boundary and erected signs along the official trail informing visitors 
that off-trail hiking is prohibited in the Preserve. Additionally, 
these funds were used to install an automated weather station, conduct 
monitoring of unauthorized visitors, and establish monitoring protocols 
for Trichostema austromontanum ssp. compactum in coordination with 
RSABG and the Service, which will allow for future management of the 
area and visitors' activity based on the regulatory mechanisms now 
available.
    Additionally, CDPR has recently constructed the Hidden Divide Trail 
to minimize impacts to Trichostema austromontanum ssp. compactum from 
now-unauthorized access, while facilitating future authorized but 
restricted visits to the Preserve. This process involved eliminating an 
existing unauthorized trail and moving it approximately 20 to 40 ft (6 
to 12 m) upslope and away from the margin of Hidden Lake where the 
largest portion of T. a. ssp. compactum occurs. The trail bed is 
incorporated into the existing slope where it should be easier, 
compared to the unauthorized trial, to maintain natural drainage 
patterns in the Hidden Lake's watershed. Inspections of the completed 
trail will take place by trained CDPR staff during peak seasons, and 
maintenance will occur as needed to prevent alteration of natural 
hydrology. The new Hidden Divide Trail will not directly connect to 
other Park trails and will remain off maps and unadvertised by Park 
staff. Once completed, CDPR will allow access to the trail through a 
limited permit system or guided tour only for those visitors who 
inquire about the site. Horses will not be allowed. The trail will 
provide some viewing areas with interpretive signs to educate visitors 
about the unique ecosystem supporting Trichostema austromontanum ssp. 
compactum. Fencing has been erected along the trail to restrict 
physical access to Hidden Lake; signs will also help minimize off-trail 
use.
    Based on the regulatory mechanisms now available, CDPR will 
increase visitor monitoring and begin a zero-tolerance program, issuing 
citations to off-trail visitors within the Preserve (Fraga and Kietzer 
2009, pp. 16-17). Finally, adaptive management techniques will be 
applied. For example, CDPR will monitor Trichostema austromontanum ssp. 
compactum populations and visitor use of the Hidden Lake area; the 
combined information will allow CDPR to control visitation, minimizing 
impact to the subspecies and its habitat (Fraga and Kietzer 2009, p. 
22).
    Additionally, Hidden Lake and the Hidden Divide Natural Preserve 
are within an area designated as State Wilderness. California Public 
Resources Code section 5019.68 recognizes such areas, ``as areas where 
the earth and its community of life are untrammeled by man and where 
man himself is a visitor who does not remain.'' California Public

[[Page 1302]]

Resources Code sections 5093.30-5093.40, the California Wilderness Act, 
also states that wilderness areas, including Mount San Jacinto State 
Wilderness, ``shall be administered for the use and enjoyment of the 
people in such manner as will leave them unimpaired for future use and 
enjoyment as wilderness, provide for the protection of such areas, 
[and] preserve their wilderness character.'' As the Conservation 
Strategy for the subspecies notes, ``Being within a Natural Preserve 
and a State Wilderness Area provides [Trichostema austromontanum] ssp. 
compactum the highest level of protection for natural resources that 
the State Park System has to offer'' (Fraga and Kietzer 2009, p. 19). 
Thus, these regulatory mechanisms will help minimize likelihood of 
future threats to T. a. ssp. compactum and its habitat at Hidden Lake.
    These protections enacted by the CDPR associated with the Preserve 
are expected to remain should this subspecies be delisted, and we 
believe these protections are adequate to reduce or eliminate existing 
or potential future threats to Trichostema austromontanum ssp. 
compactum now and in the future.
Summary of Factor D
    We believe that, in absence of the protections afforded by the Act, 
the other existing regulatory mechanisms will continue to provide 
adequate protections to ensure that threats to Trichostema 
austromontanum ssp. compactum are controlled through management and 
monitoring programs established by CDPR. Listing under the Act provided 
support for the Service and CDPR to establish management and monitoring 
programs to provide for the conservation of T. a. ssp. compactum. If 
this subspecies is removed from the Federal List of Endangered and 
Threatened Plants, the primary protections for T. a. ssp. compactum 
will be provided by CDPR through conservation actions to benefit the 
subspecies in the Preserve. These protections are applied in connection 
with the Park's existing general plan, and we expect that they will 
remain unchanged at least until a new plan is adopted, which would not 
occur until circumstances or needs dictate and, moreover, would not 
occur without the opportunity of review and comment by the Service and 
public. This, in turn, would likely mean that any changes to the 
protections provided by the new general plan would not result in 
substantial impacts to T. a. ssp. compactum. In conclusion, we find 
that the currently existing regulatory mechanisms described above are 
adequate, and they will remain adequate to protect T. a. ssp. compactum 
and its habitat across its range now and in the future.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    In the 1998 final listing rule, we stated that Trichostema 
austromontanum ssp. compactum was particularly vulnerable to trampling 
by recreational visitors and that the subspecies' low numbers and 
extremely localized range further made it more susceptible to 
disturbance, which included trampling during the flowering season (63 
FR 49006, pp. 49016-49017). In our 2013 5-year review (Service 2013, 
pp. 13-14), we also identified effects associated with global climate 
change as potential threats, which were not considered at the time of 
listing. Trampling, low numbers of individuals, and climate change are 
discussed below.
Trampling
    At the time of listing, the trampling threat to Trichostema 
austromontanum ssp. compactum was due to its extremely narrow endemic 
habitat and easy accessibility to Hidden Lake from the trail, just over 
a mile from the tramway (63 FR 49006). This site became increasingly 
popular with the development of the Palm Springs Aerial Tramway in 
1964, and the Desert Divide Trail in 1979. Measures such as removing 
references to Hidden Lake from State Park interpretive materials and 
eliminating existing trails helped to ameliorate impacts from visitors, 
but did not prevent all trampling impacts. The 1998 listing rule (63 FR 
49006) indicated the subspecies continued to experience ongoing impacts 
from trampling by hikers and horses at that time.
    Since listing, CDPR, in cooperation with RSABG staff, finalized the 
Conservation Strategy for Trichostema austromontanum ssp. compactum 
(Hidden Lake bluecurls; Lamiaceae) (Fraga and Kietzer 2009, entire), 
and CDPR has completed several actions to minimize the threat of 
trampling to the subspecies (Fraga and Kietzer 2009, pp. 25-26). CDPR 
reduced the likelihood of visitation to the area (by both humans and 
horses) by removing references to Hidden Lake from trails, maps, and 
signs in the Park, and physically obscuring trails to the lake (72 FR 
54377; see also Fraga and Kietzer 2009, p. 16). Additionally, CDPR 
installed a wooden barrier fence at historical access points to exclude 
equestrian use (Fraga and Kietzer 2009, p. 16). CDPR also designated 
Hidden Lake and its associated watershed area as a Natural Preserve as 
part of their 2002 general plan revision (CDPR 2002, pp. 62-63), as 
discussed under Factor D, above. Although a low number of hikers 
currently access the Hidden Lake area despite efforts to exclude 
visitors from the area, impacts from trampling appear to have been 
minimized (Fraga and Wall 2010, p. 5; Kietzer 2011a, pp. 4-5). 
Furthermore, there is no evidence that horses have had access to the 
area around Hidden Lake since the exclusionary fences were installed in 
2000 (Fraga and Kietzer 2009, p. 13; Fraga and Wall 2010, p. 5).
    We expect that most of these measures to benefit Trichostema 
austromontanum ssp. compactum will remain in place for at least the 
next few decades while the 2002 general plan is active. Further, we 
expect future general plans to continue to prevent impacts to T. a. 
ssp. compactum because, compared to the time of listing, CDPR is more 
aware of how certain recreational uses of Hidden Lake are incompatible 
with the conservation of the subspecies and have taken measures to 
minimize future impacts. This is illustrated by CDPR's formal 
designation of the Preserve. Thus, trampling of T. a. ssp. compactum by 
hikers and horses has largely been eliminated, and there is little 
likelihood that trampling will be a threat to the subspecies in the 
future.
Low Numbers of Individuals
    In the final listing rule (63 FR 49006), we described the 
vulnerabilities associated with low numbers, stating that the limited 
numbers and extremely localized range of Trichostema austromontanum 
ssp. compactum make this taxon more susceptible to single disturbance 
events such as trampling during the flowering season or alteration of 
the local water table from soil compression. However, the 1998 final 
rule did not provide details explaining why we concluded that the 
subspecies was more susceptible to disturbance. We provide additional 
explanation in our 2013 5-year review (Service 2013, p. 12), in which 
we note that conservation biology literature (such as Shaffer 1981, pp. 
131-134; 1987, pp. 69-86; Primack 1998, pp. 301-308; Leppig and White 
2006, pp. 264-274) commonly notes the increased vulnerability of taxa 
known from only one or very few locations and when only small 
populations exist. We then explained that the threat associated with 
low numbers of individuals was based on the idea that in years when 
there were fewer than 100 individual plants, very little seed was 
produced, resulting in a species that may not persist on its own.

[[Page 1303]]

    Based on new information since the time of listing, we now know 
that it is likely that Trichostema austromontanum ssp. compactum is 
able to survive years with poor conditions and very few flowering 
plants because of the existing, naturally occurring, on-site seed bank 
in the soil (Bauder 1999, p. 37). The majority of seeds of T. a. ssp. 
compactum produced each year are likely deposited in the soils of the 
basin of Hidden Lake because there are no known means of seed 
dispersal. We have also found through germination experiments that only 
a small percentage of seeds germinate, even when conditions are 
appropriate (Bauder 1999, p. 28; Fraga and Wall 2009, p. 5). This 
suggests that some proportion T. a. ssp. compactum seeds likely remain 
dormant in the soil and survive through years lacking adequate 
environmental conditions for plants to reach maturity and reproduce. In 
the draft PDM plan, we recommend monitoring reproductive success of the 
taxon, because it may be cause for concern if the reproductive 
potential decreases. Data collected since 1980 on this taxon show that 
the standing population size fluctuates from fewer than 100 to greater 
than 10,000 plants, but the presence of a persistent soil seed bank has 
allowed the subspecies to persist. The differences in standing 
population size of T. a. ssp. compactum, especially absent evidence of 
trampling, may still be best characterized as natural variation or 
fluctuation tied to the annual water level of Hidden Lake (Bauder and 
McMillan 1998, pp. 63-66; Bauder 1999, pp. 13-17). In this manner, we 
believe that the low numbers of individuals in some years is a 
temporary phenomenon and does not pose a long-term threat to this 
plant. Nevertheless, an ex situ seed bank (an off-site, artificial 
collection of seeds held in special climate-controlled conditions for 
long-term storage) has been established and is discussed further in the 
draft PDM plan.
    As noted in the 2013 5-year review (Service 2013, pp. 12-13), 
species known from only one or a few populations, or that exist in 
populations with low numbers of individuals, are more vulnerable to 
stochastic (random) events. For example, a fire, flood, or drought is 
likely to be more devastating to a small, localized population than to 
a large, widespread population. The effects of small populations 
experiencing increased vulnerability to stochastic events have not been 
documented for Trichostema austromontanum ssp. compactum in the past, 
nor were specific concerns discussed in detail in the final listing 
rule (63 FR 49006). While it is possible that stochastic events could 
impact this subspecies in the future, we have no evidence that any 
potential catastrophic events have a reasonable likelihood of 
occurring. In addition, we do not believe that this potential threat 
alone is significant enough to cause long-term population declines 
because the natural persistent seed bank in the soil would likely 
survive such events. However, collection of Trichostema austromontanum 
ssp. compactum seeds and establishment of an ex situ (off-site) 
conservation seed bank at RSABG occurred over 3 years (2006, 2008, and 
2009). This provides insurance against the subspecies going extinct if 
the natural occurrence were extirpated due to an adverse stochastic 
event or other circumstances (such as disease or prolonged drought).
Climate Change
    Here, we consider observed or likely environmental changes 
resulting from ongoing and projected changes in climate. The 1998 
listing rule did not discuss the potential impacts of climate change on 
Trichostema austromontanum ssp. compactum or its habitat (63 FR 49006). 
As defined by the Intergovernmental Panel on Climate Change (IPCC), 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 2013a, p. 1,450). The term ``climate change'' thus refers to 
a change in the mean or the variability of relevant properties, which 
persists for an extended period, typically decades or longer, due to 
natural conditions (e.g., solar cycles) or human-caused changes in the 
composition of atmosphere or in land use (IPCC 2013a, p. 1,450).
    Scientific measurements spanning several decades demonstrate that 
changes in climate are occurring. In particular, warming of the climate 
system is unequivocal, and many of the observed changes in the last 60 
years are unprecedented over decades to millennia (IPCC 2013b, p. 4). 
The current rate of climate change may be as fast as any extended 
warming period over the past 65 million years and is projected to 
accelerate in the next 30 to 80 years (National Research Council 2013, 
p. 5). Thus, rapid climate change is adding to other sources of 
extinction pressures, such as land use and invasive species, which will 
likely place extinction rates in this era among just a handful of the 
severe biodiversity crises observed in Earth's geological record (AAAS 
2014, p. 17).
    Examples of various other observed and projected changes in climate 
and associated effects and risks, and the bases for them, are provided 
for global and regional scales in recent reports issued by the IPCC 
(2013c, 2014), and similar types of information for the United States 
and regions within it can be found in the National Climate Assessment 
(Melillo et al. 2014, entire).
    Results of scientific analyses presented by the IPCC show that most 
of the observed increase in global average temperature since the mid-
20th century cannot be explained by natural variability in climate and 
is ``extremely likely'' (defined by the IPCC as 95 to 100 percent 
likelihood) due to the observed increase in greenhouse gas (GHG) 
concentrations in the atmosphere as a result of human activities, 
particularly carbon dioxide emissions from fossil fuel use (IPCC 2013b, 
p. 17 and related citations).
    Scientists use a variety of climate models, which include 
consideration of natural processes and variability, as well as various 
scenarios of potential levels and timing of GHG emissions, to evaluate 
the causes of changes already observed and to project future changes in 
temperature and other climate conditions. Model results yield very 
similar projections of average global warming until about 2030, and 
thereafter the magnitude and rate of warming vary through the end of 
the century depending on the assumptions about population levels, 
emissions of GHGs, and other factors that influence climate change. 
Thus, absent extremely rapid stabilization of GHGs at a global level, 
there is strong scientific support for projections that warming will 
continue through the 21st century, and that the magnitude and rate of 
change will be influenced substantially by human actions regarding GHG 
emissions (IPCC 2013b, 2014; entire).
    Global climate projections are informative, and in some cases, the 
only or the best scientific information available for us to use. 
However, projected changes in climate and related impacts can vary 
substantially across and within different regions of the world (e.g., 
IPCC 2013c, 2014; entire) and within the United States (Melillo et al. 
2014, entire). Therefore, we use ``downscaled'' projections when they 
are available and have been developed through appropriate scientific 
procedures, because such projections provide higher resolution 
information that is more relevant to spatial scales used for analyses 
of a given species (see

[[Page 1304]]

Glick et al. 2011, pp. 58-61, for a discussion of downscaling).
    Various changes in climate may have direct or indirect effects on 
species. These may be positive, neutral, or negative, and they may 
change over time, depending on the species and other relevant 
considerations, such as interactions of climate with other variables 
like habitat fragmentation (for examples, see Franco et al. 2006; 
Forister et al. 2010; Galbraith et al. 2010; Chen et al. 2011; 
Bertelsmeier et al. 2013, entire). In addition to considering 
individual species, scientists are evaluating potential climate change-
related impacts to, and responses of, ecological systems, habitat 
conditions, and groups of species (e.g., Deutsch et al. 2008; Berg et 
al. 2010; Euskirchen et al. 2009; McKechnie and Wolf 2010; Sinervo et 
al. 2010; Beaumont et al. 2011; McKelvey et al. 2011; Rogers and 
Schindler 2011; Bellard et al. 2012).
    Regional temperature observations are often used as an indicator of 
how climate is changing. The Western Regional Climate Center (WRCC) has 
defined 11 climate regions for evaluating various climate trends in 
California (Abatzoglou et al. 2009, p. 1535). The relevant WRCC climate 
region for the distribution of Trichostema austromontanum ssp. 
compactum within the San Jacinto Mountains is the Southern Interior 
Region.
    Two indicators of temperature, the increase in mean temperature and 
the increase in maximum temperature, are important for evaluating 
trends in climate change in California. For the Southern Interior 
climate region, linear trends (evaluated over a 100-year time period) 
indicate an increase in mean temperatures (January through December) of 
approximately 1.71 [deg]F ( 0.47 [deg]F per 100 years) 
(0.95  0.26 [deg]C per 100 years) since 1895, and 3.11 
[deg]F ( 1.16 [deg]F per 100 years) (1.73  0.64 
[deg]C per 100 years) since 1949 (WRCC 2016). Similarly, the maximum 
temperature 100-year trend for the Southern Interior Region shows an 
increase of about 1.48 [deg]F ( 0.57 [deg]F per 100 years) 
(0.82  0.32 [deg]C per 100 years) since 1895, and 2.54 
[deg]F ( 1.38 [deg]F per 100 years) (1.41  0.77 
[deg]C per 100 years) since 1949 (WRCC 2016). It is logical to assume 
the rate of temperature increase for this region is higher for the 
second time period (i.e., since 1949) than for the first time period 
(i.e., since 1895) due to the increased use of fossil fuels in the 20th 
century.
    Climate models provide climate projections into the future, which 
help inform our evaluations of potential future impacts, but these 
projections become more uncertain with increasingly large timeframes. 
Pierce et al. (2013, entire) presented both Statewide and regional 
probabilistic estimates of temperature and precipitation changes for 
California (by the 2060s) using downscaled data from 16 global 
circulation models and 3 nested regional climate models. The study 
looked at a historical (1985-1994) and a future (2060-2069) time period 
using the IPCC Special Report on Emission Scenarios A2 (Pierce et al. 
2013, p. 841), which is an IPCC-defined scenario used for the IPCC's 
Third and Fourth Assessment reports, and is based on a global 
population growth scenario and economic conditions that result in a 
relatively high level of atmospheric GHGs by 2100 (IPCC 2000, pp. 4-5; 
see Stocker et al. 2013, pp. 60-68, and Walsh et al. 2014, pp. 25-28, 
for discussions and comparisons of the prior and current IPCC 
approaches and outcomes). Importantly, the projections by Pierce et al. 
(2013, pp. 852-853) include daily distributions and natural internal 
climate variability.
    Simulations using these downscaling methods project an increase in 
yearly temperature for the Southern California Mountains region ranging 
from 3.78 [deg]F to 5.22 [deg]F (2.1 [deg]C to 2.9 [deg]C) by the 2060s 
time period, compared to 1985-1994 (Pierce et al. 2013, p. 844). 
Averaging across all models and downscaling techniques, the simulations 
project a yearly averaged warming of 4.32 [deg]F (2.4 [deg]C) by the 
2060s (Pierce et al. 2013, p. 842).
    While we do not have information to suggest warmer temperatures 
will directly impact Trichostema austromontanum ssp. compactum, there 
can be indirect effects. For example, Williams et al. (2015, p. 6826) 
found, ``anthropogenic warming has intensified the recent drought [in 
California] as part of a chronic drying trend that is becoming 
increasingly detectable,'' but they also noted that it was, ``small 
relative to the range of natural climate variability.'' Shukla et al. 
(2015, p. 4392) also found that temperature was an important factor in 
exacerbating drought conditions in California in 2014, although they 
noted that the low level of precipitation was the primary driver. Thus, 
the anticipated increasing temperatures (driven by global climate 
change) are likely to contribute to increased severity of droughts when 
they occur. However, because the natural climate of California is so 
variable, it is not clear whether increased drought severity will have 
substantial impact on T. a. ssp. compactum, which can take advantage of 
wetter years, when they occur, to replenish its natural seed bank.
    Higher temperatures can also be expected to result in increased 
evaporation, which suggests that Hidden Lake will likely dry more 
quickly over a season. However, the effects of increased evaporation to 
habitat occupied by Trichostema austromontanum ssp. compactum or to the 
plant's life history are uncertain. For example, faster evaporation of 
Hidden Lake might provide an increased growing season (more time at the 
beginning) because more habitat may be available earlier in the season 
(the plant primarily grows in the dry portions of the lakebed), or it 
could result in a shorter growing season (less time at the end) because 
the area dries out too much and the plants may desiccate before 
producing seed, or the two processes could happen together and produce 
a shift in the growing season (same overall amount of growth time, just 
starting earlier in the year). Observed increases in temperature over 
the past 100 years do not appear to have currently adversely affected 
the subspecies. Based on the best available regional data, current and 
future trends do not lead us to conclude that change in ambient 
temperature is currently a threat to T. a. ssp. compactum or likely to 
become one in the future.
    Precipitation patterns can also be used as an indicator of how 
climate is changing. We obtained yearly precipitation data for the 
Idyllwild region of the San Jacinto Mountains from the National Oceanic 
and Atmospheric Administration's National Centers for Environmental 
Information (http://www.ncdc.noaa.gov/). We then conducted a 
nonparametric correlation test, the Mann-Kendall statistical test 
(Hipel and McLeod 1994, pp. 63-64, 856-858), which is commonly used for 
analyzing climatic time series (e.g., Ahmad et al. 2015, entire), to 
evaluate trends in precipitation over time. This analysis was conducted 
using the R and R Studio software programs (R Development Core Team 
2014) with the ``Kendall'' package, version 2.2 (McLeod 2011). We found 
no significant trend in precipitation over time (increasing or 
decreasing) from 1944-2015 (Grizzle 2016, pers. comm.). There is no 
information currently available that would lead us to conclude that 
potential changes in the amount of precipitation are a threat now or 
likely to be in the future. However, changes in the timing and type 
(rain or snow) of precipitation could alter the unique environment of 
Hidden Lake and potentially impact habitat where this taxon occurs in 
the future. To address this concern, we have

[[Page 1305]]

included monitoring in the draft PDM plan (see Post-Delisting 
Monitoring, below) to provide baseline data on climatic conditions as 
well as the duration and depth of ponding that occurs at Hidden Lake. 
Additionally, the maintenance of the ex situ seed bank provides some 
flexibility to respond to stochastic events including those associated 
with a changing climate.
Summary of Factor E
    Management actions implemented at Hidden Lake by CDPR in recent 
years have reduced the threat of trampling to a minimal level. At the 
time of listing, we were concerned that low numbers of individuals in 
some years threatened the existence of Trichostema austromontanum ssp. 
compactum. Since listing, we collected data suggesting this subspecies 
has a soil seed bank and germination mechanisms that have allowed the 
taxon to persist over time, even in years when very few plants flower 
and set seed. Low numbers of individuals in certain years followed by 
years with high numbers of individuals suggests this is a natural 
phenomenon for this taxon. We do not consider stochastic events to be a 
substantial threat to T. a. ssp. compactum or its habitat at this time 
because the subspecies' soil seed bank will likely persist, allowing 
future growth. Climate change was also identified as a potential threat 
since listing, but we do not consider it to be a substantial threat at 
this time, and ongoing management and monitoring is designed to detect 
future changes. In conclusion, we find that other natural or manmade 
factors do not represent a substantial threat to T. a. ssp. compactum 
now or in the future.

Finding

    No threats attributable to Factors A, B, or C were identified at 
the time Trichostema austromontanum ssp. compactum was listed in 1998. 
Threats identified at the time of listing included impacts associated 
with human and horse trampling (Factor E), the limited numbers and an 
extremely localized range of T. a. ssp. compactum (Factor E), and the 
limited protections afforded by the CDPR to reduce or eliminate those 
threats (Factor D). Since listing, conditions associated with climate 
change (Factor E) have been identified as a potential rangewide threat 
to the subspecies.
    We now have sufficient data to show that management enacted by CDPR 
to benefit Trichostema austromontanum ssp. compactum and its habitat at 
Hidden Lake has been effective and will continue to be in the 
foreseeable future. CDPR, as the operative land manager, has 
demonstrated a long-term commitment to provide for the conservation of 
Trichostema austromontanum ssp. compactum. Their staff, in cooperation 
with RSABG staff, finalized the Conservation Strategy for Trichostema 
austromontanum ssp. compactum (Hidden Lake bluecurls; Lamiaceae) (Fraga 
and Kietzer 2009, entire), which outlined immediate conservation 
actions, goals, and conservation measures for the recovery and long-
term management of the subspecies. In subsequent years, both entities 
have continued to monitor the area and have developed an improved 
survey methodology for T. a. ssp. compactum. Because T. a. ssp. 
compactum is entirely within Mount San Jacinto State Park, is within 
the Mount San Jacinto State Wilderness Area, and is within the recently 
established Preserve, CDPR is able to manage Hidden Lake specifically 
for the conservation of T. a. ssp. compactum and its habitat, along 
with other sensitive resources found in the area.
    Trampling by humans has been minimized, and no visible impacts to 
Trichostema austromontanum ssp. compactum have been observed from 
trampling by horses since 2000 because of CDPR's management. Therefore, 
we no longer consider T. a. ssp. compactum to be threatened by 
trampling. The low numbers of standing plants in some years appears to 
be a natural phenomenon for this subspecies with a soil seed bank and, 
therefore, is not considered a threat at this time. The ex situ seed 
banking program at RSABG also provides insurance for this subspecies by 
assuring propagation potential should future stochastic events or 
climate change adversely impact the endemic population. Actions taken 
by CDPR and RSABG have reduced the threats associated with trampling, 
small population size, and stochastic events to a manageable level.
    Since listing, we have become aware of the potential for 
anthropogenic climate change to affect all biota, including Trichostema 
austromontanum ssp. compactum. While available information indicates 
that temperatures are increasing, there is no clear signal as to the 
potential impacts to T. a. ssp. compactum at this time. Additionally, 
the lack of a significant declining trend in the amount of 
precipitation suggests that there is no immediate cause for concern, 
but potential impacts to T. a. ssp. compactum from changes in the 
timing and type of precipitation should be monitored in the future.
    Having considered the individual and cumulative impact of threats 
on this subspecies, we find that Trichostema austromontanum ssp. 
compactum is not in danger of extinction throughout all of its range, 
nor is it likely to become so in the foreseeable future.

Significant Portion of the Range Analysis

    Having determined that Trichostema austromontanum ssp. compactum is 
not in danger of extinction, or likely to become so, throughout all of 
its range, we next consider whether there are any significant portions 
of its range in which T. a. ssp. compactum is in danger of extinction 
or likely to become so. Under the Act and our implementing regulations, 
a species may warrant listing if it is an endangered species or a 
threatened species. The Act defines ``endangered species'' as any 
species which is ``in danger of extinction throughout all or a 
significant portion of its range,'' and ``threatened species'' as any 
species which is ``likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range.'' The term ``species'' includes ``any subspecies of fish or 
wildlife or plants, and any distinct population segment [DPS] of any 
species of vertebrate fish or wildlife which interbreeds when mature.'' 
On July 1, 2014, we published a final policy interpreting the phrase 
``significant portion of its range'' (SPR) (79 FR 37578). The final 
policy states that (1) if a species is found to be endangered or 
threatened throughout a significant portion of its range, the entire 
species is listed as an endangered species or a threatened species, 
respectively, and the Act's protections apply to all individuals of the 
species wherever found; (2) a portion of the range of a species is 
``significant'' if the species is not currently endangered or 
threatened throughout all of its range, but the portion's contribution 
to the viability of the species is so important that, without the 
members in that portion, the species would be in danger of extinction, 
or likely to become so in the foreseeable future, throughout all of its 
range; (3) the range of a species is considered to be the general 
geographical area within which that species can be found at the time 
the Service or the National Marine Fisheries Service makes any 
particular status determination; and (4) if a vertebrate species is 
endangered or threatened throughout an SPR, and the population in that 
significant portion is a valid DPS, we will list the DPS rather than 
the entire taxonomic species or subspecies.

[[Page 1306]]

    The SPR policy is applied to all status determinations, including 
analyses for the purposes of making listing, delisting, and 
reclassification determinations. The procedure for analyzing whether 
any portion is an SPR is similar, regardless of the type of status 
determination we are making. The first step in our analysis of the 
status of a species is to determine its status throughout all of its 
range. If we determine that the species is in danger of extinction, or 
likely to become so in the foreseeable future, throughout all of its 
range, we list the species as an endangered (or threatened) species and 
no SPR analysis will be required. If the species is neither endangered 
nor threatened throughout all of its range, we determine whether the 
species is endangered or threatened throughout a significant portion of 
its range. If it is, we list the species as an endangered species or a 
threatened species, respectively; if it is not, we conclude that the 
species is neither an endangered species nor a threatened species.
    When we conduct an SPR analysis, we first identify any portions of 
the species' range that warrant further consideration. The range of a 
species can theoretically be divided into portions in an infinite 
number of ways. However, there is no purpose to analyzing portions of 
the range that are not reasonably likely to be significant and either 
endangered or threatened. To identify only those portions that warrant 
further consideration, we determine whether there is substantial 
information indicating that (1) the portions may be significant and (2) 
the species may be in danger of extinction in those portions or likely 
to become so within the foreseeable future. We emphasize that answering 
these questions in the affirmative is not a determination that the 
species is endangered or threatened throughout a significant portion of 
its range--rather, it is a step in determining whether a more detailed 
analysis of the issue is required. In practice, a key part of this 
analysis is whether the threats are geographically concentrated in some 
way. If the threats to the species are affecting it uniformly 
throughout its range, no portion is likely to warrant further 
consideration. Moreover, if any concentration of threats apply only to 
portions of the range that clearly do not meet the biologically based 
definition of ``significant'' (i.e., the loss of that portion clearly 
would not be expected to increase the vulnerability to extinction of 
the entire species), those portions will not warrant further 
consideration.
    If we identify any portions that may be both (1) significant and 
(2) endangered or threatened, we engage in a more detailed analysis. As 
discussed above, to determine whether a portion of the range of a 
species is significant, we consider whether, under a hypothetical 
scenario, the portion's contribution to the viability of the species is 
so important that, without the members in that portion, the species 
would be in danger of extinction or likely to become so in the 
foreseeable future throughout all of its range. This analysis considers 
the contribution of that portion to the viability of the species based 
on the conservation biology principles of redundancy, resiliency, and 
representation. (These concepts can similarly be expressed in terms of 
abundance, spatial distribution, productivity, and diversity.) The 
identification of an SPR does not create a presumption, prejudgment, or 
other determination as to whether the species in that identified SPR is 
in danger of extinction or likely to become so. We must go through a 
separate analysis to determine whether the species is in danger of 
extinction or likely to become so in the SPR. To determine whether a 
species is endangered or threatened throughout an SPR, we will use the 
same standards and methodology that we use to determine if a species is 
endangered or threatened throughout its range.
    Depending on the biology of the species, its range, and the threats 
it faces, it may be more efficient to address either 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.''
    Trichostema austromontanum ssp. compactum is a narrow endemic plant 
subspecies, found only in and around Hidden Lake in Mount San Jacinto 
State Park. Its entire range is about 2 ac (1 ha) in size. 
Additionally, a small population (36 individuals) was once observed 
outside of the Hidden Lake pool area (Fraga and Wall 2007, p. 10). This 
location is less than 300 ft (100 m) away from Hidden Lake and is 
within the lake's watershed. Trichostema austromontanum ssp. compactum 
is an annual plant, which means it completes its life cycle in less 
than 1 year. As previously noted, it has a natural seed bank in the 
soil, with seeds that persist for extended periods of time. Although 
the number and distribution of standing (growing) plants varies from 
year to year, the distribution of the seeds in soil is likely fairly 
ubiquitous within the lake's perimeter. Within this 2-ac (1-ha) area, 
there is no natural division that would not arbitrarily separate one 
portion of the range from another. Even the small population that could 
potentially be considered geographically separate is probably not 
biologically separate, given that it is very close to the lake and 
still within the watershed for the lake. However, if we were to 
consider that population separate, it is small--small in numbers 
observed and small in area occupied--compared to the portion of the 
range in the area of Hidden Lake proper. As such, this portion of the 
range, which could potentially be considered separate, is not likely to 
substantially contribute to the redundancy, resiliency, and 
representation of the subspecies, and thus we do not consider it 
``significant'' for the purposes of this SPR analysis. Additionally, 
because of the limited geographic area the subspecies occupies, the 
entire population experiences similar conditions and management by CDPR 
such that no portion of the subspecies' range is likely to experience a 
different or elevated level of threats. We conclude that there are no 
portions of the subspecies' range that are likely to be both 
significant and threatened or endangered. Therefore, no portion 
warrants further consideration to determine whether the subspecies is 
in danger of extinction or likely to become so in a significant portion 
of its range.
    Therefore, we find that T. a. ssp. compactum no longer requires the 
protection of the Act, and we propose to remove the subspecies from the 
List of Endangered and Threatened Plants.

Effects of This Rule

    The Act sets forth a series of general prohibitions and exceptions 
that apply to all endangered plants. The Act's implementing regulations 
extend most of the prohibitions provided under section 9(a)(2) of the 
Act to threatened plants (see 50 CFR 17.61 and 17.71). It is 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 Trichostema austromontanum 
ssp. compactum to possession from areas under Federal jurisdiction. 
Section 7 of the Act requires that Federal agencies consult with us to 
ensure that any action authorized, funded, or carried out by them is 
not likely to jeopardize the species' continued existence. If this 
proposed rule is made final, it would

[[Page 1307]]

revise 50 CFR 17.12 to remove T. a. ssp. compactum from the Federal 
List of Endangered and Threatened Plants, and these prohibitions would 
no longer apply. Because critical habitat has not been designated for 
this taxon, this rule, if made final, would not affect 50 CFR 17.96.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (50 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed rule. The purpose of peer review is to ensure 
that decisions are based on scientifically sound data, assumptions, and 
analyses. A peer review panel will conduct an assessment of the 
proposed rule, and the specific assumptions and conclusions regarding 
the proposed delisting. This assessment will be completed during the 
public comment period.
    We will consider all comments and information we receive during the 
comment period on this proposed rule as we prepare the final 
determination. Accordingly, the final decision may differ from this 
proposal.

Post-delisting Monitoring

    Section 4(g)(1) of the Act requires us, in cooperation with the 
States, to implement a system to monitor effectively, for not less than 
5 years, all species that have been recovered and delisted. The purpose 
of this post-delisting monitoring is to verify that a species remains 
secure from risk of extinction after it has been removed from the 
protections of the Act. The monitoring is designed to detect the 
failure of any delisted species to sustain itself without the 
protective measures provided by the Act. If, at any time during the 
monitoring period, data indicate that protective status under the Act 
should be reinstated, we can initiate listing procedures, including, if 
appropriate, emergency listing under section 4(b)(7) of the Act. 
Section 4(g) of the Act explicitly requires us to cooperate with the 
States in development and implementation of post-delisting monitoring 
programs, but we remain responsible for compliance with section 4(g) of 
the Act and, therefore, must remain actively engaged in all phases of 
post-delisting monitoring. We also seek active participation of other 
entities that are expected to assume responsibilities for the species' 
conservation post-delisting.

Post-delisting Monitoring Plan Overview

    We have prepared a draft PDM plan for Trichostema austromontanum 
ssp. compactum. The draft plan discusses the current status of the 
taxon and describes the methods proposed for monitoring if the taxon is 
removed from the Federal List of Endangered and Threatened Plants. The 
draft plan:
    (1) Summarizes the status of Trichostema austromontanum ssp. 
compactum at the time of proposed delisting;
    (2) Describes frequency and duration of monitoring;
    (3) Discusses monitoring methods and potential sampling regimes;
    (4) Defines what potential triggers will be evaluated for 
additional monitoring;
    (5) Outlines reporting requirements and procedures; and
    (6) Proposes a schedule for implementing the PDM plan and defines 
responsibilities.
    It is our intent to work with our partners towards maintaining the 
recovered status of Trichostema austromontanum ssp. compactum. We will 
seek public and peer reviewer comments on the draft PDM plan, including 
its objectives and procedures (see Information Requested, above), with 
publication of this proposed rule.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the names of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act

    We determined that we do not need to prepare an environmental 
assessment or an environmental impact statement, as defined under the 
authority of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), in connection with regulations adopted pursuant to 
section 4(a) of the Act. We published a notice outlining our reasons 
for this determination in the Federal Register on October 25, 1983 (48 
FR 49244).

References Cited

    A complete list of all references cited in this proposed rule is 
available on the Internet at http://www.regulations.gov under Docket 
No. FWS-R8-ES-2016-0127, or upon request from the Field Supervisor, 
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).

Author

    The primary author of this proposed rule is the Carlsbad Fish and 
Wildlife Office in Carlsbad, California, in coordination with the 
Pacific Southwest Regional Office in Sacramento, California.

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; 4201-4245, unless 
otherwise noted.


Sec.  17.12   [Amended]

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

    Dated: December 13, 2016.
Martin J. Kodis,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-31581 Filed 1-4-17; 8:45 am]
BILLING CODE 4333-15-P