[Federal Register Volume 88, Number 16 (Wednesday, January 25, 2023)]
[Rules and Regulations]
[Pages 4761-4792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01400]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2020-0074; FF09E22000 FXES11130900000 201]
RIN 1018-BE73


Endangered and Threatened Wildlife and Plants; Removing Five 
Species That Occur on San Clemente Island From the Federal Lists of 
Endangered and Threatened Wildlife and Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are removing 
the San Clemente (SC) Bell's sparrow (Artemisiospiza belli clementeae) 
(formerly known as the SC sage sparrow, Amphispiza belli clementeae), 
San Clemente Island (SCI) bush-mallow (Malacothamnus clementinus), SCI 
paintbrush (Castilleja grisea), SCI lotus (Acmispon dendroideus var. 
traskiae), and SCI larkspur (Delphinium variegatum ssp. kinkiense) from 
the Federal Lists of Endangered and Threatened Wildlife and Plants 
(Lists). The bird species and four plant species occur only on SCI, one 
of the California Channel Islands off the southern coast of California. 
The delistings are based on our evaluation of the best available 
scientific and commercial information, which indicates that the status 
of each species has improved and threats to the species have been 
eliminated or reduced to the point that the species have recovered and 
no longer meet the definitions of either endangered or threatened 
species under the Endangered Species Act of 1973, as amended (Act). 
Accordingly, the protections provided by the Act will no longer apply 
to these species.

DATES: This rule is effective February 24, 2023.

ADDRESSES: This final rule, supporting documents used in preparing this 
rule, the post-delisting monitoring plans, and the comments received on 
the proposed rule are available for public inspection at https://www.regulations.gov under Docket No. FWS-R8-ES-2020-0074.

FOR FURTHER INFORMATION CONTACT: Scott Sobiech, Field Supervisor, 
Carlsbad Fish and Wildlife Office, 2177 Salk Avenue, Suite 250, 
Carlsbad, CA 92008; telephone 760-431-9440. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a rule. Under the Act, a species may be 
removed from the Federal Lists of Endangered and Threatened Wildlife 
and Plants (i.e., ``delisted'') if it is determined that the species 
has recovered and no longer meets the definition of an endangered 
species or a threatened species. Delisting a species can only be 
completed by issuing a rule.
    What this document does. This rule removes the SC Bell's sparrow 
(Artemisiospiza belli clementeae) (formerly known as the SC sage 
sparrow, Amphispiza belli clementeae), SCI bush-mallow (Malacothamnus 
clementinus), SCI paintbrush (Castilleja grisea), SCI lotus (Acmispon 
dendroideus var. traskiae), and SCI larkspur (Delphinium variegatum 
ssp. kinkiense) from the Federal Lists of Endangered and Threatened 
Wildlife and Plants (Lists) based on the species' recovery.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species because of one or more 
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. We must consider 
these same factors in delisting a species.
    We have determined that the five SCI species are not in danger of 
extinction now nor are they likely to become so in the foreseeable 
future based on a comprehensive review of their status and listing 
factors. Specifically, our recent review indicated that the Navy's 
successful removal of nonnative herbivores (goats, sheep, pigs, cattle, 
mule deer) led to recovery of vegetation in areas of severely degraded 
habitat on SCI and to the recovery of these five species to the point 
that they no longer require protections under the Act. Accordingly, the 
species no longer meet the definition of endangered or threatened 
species under the Act.
    We developed species status assessment (SSA) reports for the five 
species, in cooperation with an SSA team and the Navy. The SSA reports 
represent a compilation of the best scientific and commercial data 
available concerning the status of these species, including the impacts 
of past, present, and future factors (both negative and beneficial) 
affecting the species.
    Peer review and public comment. In each of the five respective 
SSAs, we evaluated the species' needs, current conditions, and future 
conditions to inform our May 5, 2021, proposed rule (86 FR 23882). We 
sought peer review from independent specialists and evaluated their 
comments to ensure that our determination is based on scientifically 
sound data, assumptions, and analyses. We considered all comments and 
information we received during the public comment period on the 
proposed delisting rule and the draft PDM plan when developing this 
final rule.

Previous Federal Actions

    On May 5, 2021, we proposed to delist these five SCI species from 
the Federal Lists of Endangered and Threatened Wildlife and Plants (86 
FR 23882). Please refer to that proposed rule for a detailed 
description of previous Federal actions concerning these species. The 
proposed rule and supplemental documents are provided at https://www.regulations.gov under Docket No. FWS-R8-ES-2020-0074.

Summary of Changes From the Proposed Rule

    On December 9, 2021, following the closing of the public comment 
period on the proposed rule and while this final rule was being 
drafted, we received from the U.S. Navy (hereafter, ``Navy'') a draft 
description of the proposed action and alternatives for the San 
Clemente Island Training and Testing Environmental Analysis, which 
identified proposed changes in training activities and proposed 
designation of new training areas in habitat occupied by the five SCI 
species. In response to this new information, we coordinated with the 
Navy to identify appropriate avoidance and minimization measures, and 
the Navy reaffirmed commitment to

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incorporate minimization measures into future training activities 
(Golumbfskie-Jones 2022, in litt, p. 1).
    We also refined the analysis of current and future conditions as 
presented in Version 1.0 of each of the SSAs in response to this new 
information by including the proposed training areas in the analysis 
and revising the anticipated erosion and adjacency impact zone at the 
periphery of assault vehicle maneuver areas (AVMA) and landing zones 
(LZs). In the proposed rule, under extreme conditions in the future 
scenarios, we considered that all plants in an entire watershed could 
be impacted by training if an AVMA occurred in the same watershed. As 
revised, we instead analyzed impacts to occur up to 500 feet around the 
areas, as 500 feet more accurately reflects the impacts of training 
that could extend beyond the boundaries of AVMAs and LZs based on 
observations of baseline conditions surrounding existing AVMAs and LZs 
and in consideration of the erosion control measures the Navy will 
continue to implement. Thus, incorporation of a 500-foot impact zone 
beyond the boundary of these areas provides a more biologically 
accurate assessment for future condition, compared to the proposed 
rule, where we assumed that all plants in the watershed would be lost.
    The results of our analysis were incorporated into the respective 
SSAs, which are available as Version 1.1. Future condition of each 
species in Version 1.1 of each SSA was assessed using the same 
methodology as in the original SSAs, with the following expectations: 
(1) Future military training would be limited to the high-use training 
footprints identified in the SSA Version 1.1; (2) fire impacts to 
species considered would occur within the same areas of the island that 
experienced two or more fires during the period 2007-2018; (3) impacts 
within high-use training and frequent fire footprints would increase; 
and (4) impacts outside high-use training and frequent fire footprints 
would be minimal. No change in the fire footprint (beyond that 
contemplated in the original SSA) is considered because it is unlikely 
there will be changes in ignition sources or fire management, and thus 
future fire patterns should remain comparable to historical fire 
patterns. As described below, and with the exception of changes made as 
a result of Navy input, we made no substantive changes to this final 
rule based on comments received on our proposed rule by Federal and 
State partners, or based on comments received from the public during 
the public comment period.

Summary of Comments and Recommendations

    In our May 5, 2021, proposed rule to delist the five SCI species 
(86 FR 23882), we requested that all interested parties submit written 
comments on the proposed delistings and our draft PDM plan by July 6, 
2021. We also contacted appropriate Federal and State agencies, 
scientific experts and organizations, and other interested parties and 
invited them to comment on the proposed delistings and draft PDM plan. 
A newspaper notice inviting general public comments was published in 
the San Diego Union-Tribune (major local newspaper) and also announced 
using online and social media sources. We received five comments from 
the public on the proposed rule, and we received no requests for a 
public hearing. While all of the commenters expressed general views 
that the five SCI species should remain listed under the Act, none 
provided substantive information that required changes to this final 
rule.

Final Delisting Determination

Species Information

    Below, we present a review of the taxonomy, life history, ecology, 
and overall status of the five SCI species, referencing data where 
appropriate from the SSAs that were finalized for each of the five 
species.

Overview of San Clemente Island

    The five species addressed in this final rule are endemic to SCI, 
the southernmost island of the California Channel Islands, located 64 
miles (mi) (103 kilometers (km)) west of San Diego, California. The 
island is approximately 56 square mi (145 square km, 36,073 acres (ac), 
or 14,598 hectares (ha)) (Junak and Wilken 1998, p. 2) and is long and 
narrow: 21 mi (34 km) long by 1.5 mi (2.4 km) wide at the north end, 
and 4 mi (6.4 km) wide at the south end (USFWS 1984, p. 5). The island 
consists of a relatively broad open plateau that slopes gently to the 
west. Conspicuous marine terraces line the western slope of the island, 
while steep escarpments drop precipitously to the rocky coastline on 
the eastern side along the southern 75 percent of its coastline. Many 
canyons, some of which are up to 500 feet (ft) (152 meters (m)) deep, 
dissect the southern part of the island. Mount Thirst, the highest 
point on the island, rises to approximately 1,965 ft (599 m) (Navy 
2013a, p. 1.4).
    SCI is located in a Mediterranean climatic region with a 
significant maritime influence. Average monthly temperatures range from 
58 degrees Fahrenheit ([deg]F) (14 degrees Celsius ([deg]C)) to 66 
[deg]F (19 [deg]C), with a monthly maximum temperature of 72 [deg]F (22 
[deg]C) in August and a monthly minimum of 51 [deg]F (10 [deg]C) in 
December (Navy 2013a, p. 3.11). Average monthly relative humidity 
varies from 54 to 86 percent depending on location and time of year, 
and the island experiences dramatic fluctuations in annual rainfall, 
averaging 6.6 inches (in) (16.8 centimeters (cm)) (Navy 2013a, pp. 
3.11, 3.13). Precipitation is received mainly from November through 
April, with little from May through October. In addition to 
precipitation, low-level stratiform clouds and fog drip during the 
typical dry season provide moisture to the SCI ecosystem (Navy 2013a, 
pp. 3.9, 3.13). The central plateau is characterized mainly by native 
and nonnative grassland communities. Marine terraces on the western 
side of the island support maritime desert scrub communities, and the 
steep eastern escarpment supports grassland and sagebrush communities. 
Deep canyons that incise both the east and the west sides of the island 
support limited canyon woodland communities.

San Clemente Bell's Sparrow

    A thorough review of the taxonomy, life history, and ecology of the 
SC Bell's sparrow is presented in the SSA report (USFWS 2022a). The SC 
Bell's sparrow (Artemisiospiza belli clementeae; Chesser et al. 2012), 
formerly called the SC sage sparrow, is a non-migratory subspecies of 
Bell's sparrow endemic to SCI. It is a grayish-brown-colored sparrow 
with a small dark breast spot, complete white eye rings, and 
distinctive white and black malar stripes. It is approximately 5.1-5.9 
in (13-15 cm) long, and weighs, on average, 0.59 ounces (16.8 grams) 
(Martin and Carlson 1998, p. 2; Turner et al. 2005, p. 27).
    The SC Bell's sparrow was once close to extinction, with a low of 
38 individual adults reported in 1984 (Hyde 1985, p. 30). The 
population was estimated to be 316 in 1981, 38 in 1984, and 294 in 1997 
(Beaudry et al. 2003, pp. 1-2), based on transect surveys on the marine 
terraces of the west shore of the island. In the period 1999-2011, 
transect surveys continued predominantly in boxthorn habitat on the 
west shore, and population estimates ranged from 452 to 1,544 SC Bell's 
sparrows (USFWS 2022b, p. 27). As the native shrub habitat recovered 
following the removal of the nonnative grazing and browsing animals, 
the distribution of SC Bell's sparrow

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expanded on SCI (Meiman et al. 2019, pp. 2-4). Observations of Bell's 
sparrows in areas of the island outside the marine terraces on the west 
shore increased. In 2012, breeding season survey methodology was 
modified (Meiman et al. 2019, pp. 3-4) to include survey plots randomly 
distributed throughout the island. Using this approach, new plots are 
selected for survey each year. Implementation of this survey 
methodology resulted in an island-wide estimate of 2,267 Bells' sparrow 
territories (4,534 adult sparrows) in 2013. The population estimates 
ranged from 4,194 to 7,656 adult Bell's sparrows in the period 2013-
2018 (USFWS 2022a, p. 25). While the SC Bell's sparrow is now 
distributed widely across the island (see figure 1, below), its density 
varies greatly spatially and among vegetation types. SC Bell's sparrows 
may be found in some habitat mapped as grasslands; however, many 
grassland areas do not support SC Bell's sparrows, likely due in part 
to the lack of shrub cover. Recent estimates of potential available 
habitat have increased from approximately 4,196 ha (10,369 ac) in 2009 
(USFWS 2009, p. 8) to approximately 13,132 ha (32,449 ac) (Meiman et 
al. 2018, p. 5).
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    Boxthorn-dominated plant communities, particularly along the 
northwest shoreline and marine terraces, support high-quality habitat 
that provided refugia to the Bell's sparrow when the population was 
lower. Boxthorn habitat along the northwestern shoreline and marine 
territories remains densely populated, supporting a significant 
percentage of the SC Bell's sparrow population. This area is 
particularly important to the species. In addition, moderate to high 
population densities are also found in sagebrush and shrub habitat 
along the steep eastern slope. SC Bell's sparrows are present in 
significantly lower densities in mixed shrub, cactus, and grassland 
(grass/herb) habitats along the central plateau (Meiman et al. 2018, p. 
18).

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    SC Bell's sparrows inhabit most plant communities on SCI, including 
maritime desert scrub in Lycium (boxthorn) phase, Opuntia (prickly 
pear) phase, and Cylindropuntia (cholla) phase; maritime sage scrub; 
canyon shrubland/woodland; and grasslands (USFWS 2022a, pp. 20-21). 
Within these plant communities, SC Bell's sparrows show an affinity for 
areas dominated by shrubs and cacti (Opuntia sp.). SC Bell's sparrows 
demonstrate a positive association with structural shrub cover (Meiman 
et al. 2015, p. 33), as they typically use shrubs for nesting substrate 
and use the gaps between and area underneath shrubs for foraging. The 
abundance of shrubs, including boxthorn, has been positively correlated 
with sparrow density (Turner 2009, pp. 53-54). High grass cover has 
been correlated with lower sparrow densities and larger territory 
sizes, which may indicate that grasses are not likely important 
resources during the nesting season (Turner 2009, pp. 53-54).
    The SC Bell's sparrow is a ground gleaner and eats available 
insects and spiders, and seeds taken from the ground and low 
vegetation. During the winter, SC Bell's sparrows feed on prickly pear 
and cholla cactus fruit and on moths (Hyde 1985, p. 24). The initiation 
of breeding activity and the length of the nesting season appear to be 
tied to precipitation patterns (Kaiser et al. 2007, pp. 48-49; Meiman 
et al. 2018, p. 36). Breeding activity usually peaks in March and April 
and lasts through late June or July. Clutch size ranges from one to 
five eggs, with asynchronous hatching after 12 to 13 days of incubation 
conducted mostly by the female (Martin and Carlson 1998, p. 9). SC 
Bell's sparrows can breed during their first year. A pair can produce 
multiple clutches, with some pairs producing multiple successful broods 
in favorable years (Martin and Carlson 1998, p. 9; Kaiser et al. 2008, 
p. 36). SC Bell's sparrows express site fidelity each nesting season, 
and juveniles disperse from the natal area during their first winter.
    Amounts and distribution of rainfall affect the timing and extent 
of vegetation growth and flowering, which likely affects resource 
availability for SC Bell's sparrows. During drought years, SC Bell's 
sparrows may not reproduce at all, or a subset of the population may 
suppress breeding (Kaiser et al. 2007, p. iv; Stahl et al. 2010, p. 48; 
Meiman et al. 2019, p. 35), which can result in depressed populations 
following prolonged periods of severe drought. Less severe or shorter 
duration dry periods, however, do not appear to result in significant 
population changes, as evidenced by recent dry periods and relatively 
stable SC Bell's sparrow population estimates. SC Bell's sparrows 
appear to respond to favorable precipitation patterns and resulting 
conditions by producing multiple clutches, which typically drive 
population numbers up in years that follow ``good'' precipitation years 
(Kaiser et al. 2007, p. iv; Stahl et al. 2010, p. 50).

San Clemente Island Bush-Mallow

    A thorough review of the taxonomy, life history, and ecology of the 
SCI bush-mallow is presented in the SSA report (USFWS 2022b). SCI bush-
mallow (Malacothamnus clementinus) is a rounded shrub in the Malvaceae 
(mallow family) (Slotta 2012; 77 FR 29078, p. 29080, May 16, 2012). 
Plants are generally 2.3 to 3.3 ft (0.7 to 1 m) tall with numerous 
hairy branched stems arising from the base of the plant (Munz and 
Johnston 1924, p. 296; Munz 1959, pp. 122-125; Bates 1993, p. 752). 
Flowers are clustered in the uppermost leaf axils, forming interrupted 
spikes 3.9 to 7.9 in (10 to 20 cm) long (Munz 1959, p. 125). Flowers 
are bisexual and variously described as having pink or white and fading 
lavender petals (Munz and Johnston 1924, p. 296; Bates 1993, p. 752).
    The historical range and distribution of SCI bush-mallow on SCI is 
unknown because botanical studies were not conducted on the island 
prior to the introduction of ungulates beginning in the 1800s (Kellogg 
and Kellogg 1994, p. 4). At the time of listing, one site at Lemon Tank 
Canyon on the eastern side of the island and two additional locations 
of two to three small plants in China Canyon on the southern end of the 
island were known (42 FR 40682, p. 40683, August 11, 1977; USFWS 1984, 
p. 48). Since listing, new locations of SCI bush-mallow have been 
discovered among the generally southwesterly facing coastal terraces 
and their associated escarpments in the southern and middle regions of 
SCI (Junak and Wilken 1998, pp. 1-416, Geographic Information System 
(GIS) data; Junak 2006, pp. 1-176, GIS data; Tierra Data Inc. 2008, pp. 
1-24, appendices and GIS data; SERG 2010a and 2010b, GIS data). Most of 
the known locations occur throughout the southwestern region of the 
island. The main southern distribution of SCI bush-mallow is 
disconnected from the Lemon Tank Canyon locality by approximately 4 mi 
(6.4 km). Many of these new locations have been documented since feral 
mammals were removed, suggesting that plants may have reemerged from 
underground stems that survived grazing by feral herbivores (Junak 
2006, pers. comm. in 77 FR 29078, p. 29086, May 16, 2012), although 
experts doubt that rhizomes would be able to store enough energy to 
sprout after a long period of dormancy without sending up shoots in the 
interim (Munson 2022, pers. comm.; Rebman 2019, pers. comm.; Morse 
2020, pers. comm.).
    The current abundance and distribution of SCI bush-mallow is 
estimated to total approximately 5,611 individuals at 222 locations 
occupying 15 watersheds (see figure 2, below) (USFWS 2022b, pp. 29-31). 
Because distinguishing genetically distinct individuals among groups of 
stems is difficult, counts or estimates of individuals have most often 
been used collectively to refer to both genetically distinct 
individuals (genets) and clones (ramets) (USFWS 2022b, p. 26). In the 
current estimate, individuals refer to individual plants and not 
necessarily to genetically distinct individuals, since the number of 
genetically distinct individuals is unknown. Because of access 
restrictions due to risk of unexploded ordnances, occurrences within 
areas subject to bombardment have not been assessed recently enough to 
be included in this estimate but are likely still extant.
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    SCI bush-mallow occurs in a variety of habitats on SCI. 
Historically, it was observed on rocky canyon walls and ridges, 
presumably because foraging goats did not browse those areas. Since 
removal of nonnative feral ungulates, SCI bush-mallow has been found at 
the base of escarpments between coastal terraces on the western side of 
the island within maritime cactus scrub (Navy 2002, pp. D-19, D-20), 
and it can also occur on low canyon benches and in rocky grasslands. 
Moisture that collects in rock crevices and at the base of canyon walls 
and escarpments may provide favorable conditions for this species 
(Junak 2006, pers. comm. in 77 FR 29078, p. 29094, May 16, 2012). Based 
on its habitat range on the island and the ease of cultivating the 
plant, SCI bush-mallow appears to tolerate a broad

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range of soil types (USFWS 1984, p. 50). It is often associated with 
maritime cactus scrub vegetation on coastal flats at the southwestern 
end of the island (Junak and Wilken 1998, p. 256).
    SCI bush-mallow flowers in the spring and summer, typically from 
March to August (Kearney 1951, p. 115; California Native Plant Society 
2011). It is generally thought that SCI bush-mallow is pollinated by 
insects; potential pollinators incidentally observed in the wild 
include wasps and butterflies (USFWS 2007c, p. 9). Although no specific 
pollinator for this species is known, the shape of the flowers suggest 
that it is not limited to a specific pollinator and instead can be 
pollinated by different pollinators (Muller and Junak 2011, p. 33).
    While each plant can produce large numbers of seeds, recorded seed 
production in natural occurrences of SCI bush-mallow has been very low 
(Helenurm 1997, p. 51; Junak and Wilken 1998, p. 291; Helenurm 1999, p. 
39). Germination rates in seed trials are also low, only 4 to 35 
percent (Evans and Bohn 1987, p. 538; Junak and Wilken 1998, p. 291). 
Hypotheses for low seed set and germination rates include low 
pollinator visitation rates, reduced pollinator diversity, partial 
self-incompatibility (i.e., plants need to be pollinated by a non-
closely related individual), limited survey efforts, and that seed 
germination may be stimulated by fire (USFWS 2022b, pp. 22-23). 
However, it is difficult to determine the cause of the apparent low 
reproductive output noted, whether low reproductive output is still an 
issue currently, and whether fire assists germination.
    SCI bush-mallow can reproduce vegetatively, or clonally, by 
sprouting from rhizomes (Evans and Bohn 1987, p. 538), as well as 
sexually by seeds, although sexual recruitment is likely low. The 
ability to spread vegetatively by underground rhizomes results in 
patches of spatially separate but genetically identical individuals 
(Evans and Bohn 1987, p. 538). Occurrences are likely a mix of both 
genetically unique individuals (genets) and clonal individuals (ramets) 
that are connected underground. Although difficult to discern between 
ramets and genets in the field, most groups of plants are composed of 
ramets from an unknown number of genets, consistent with other plant 
species exhibiting strong clonal growth. Although growth and spread of 
the population has been thought to be mostly clonal (Muller and Junak 
2011, p. 50), evidence of sexual reproduction includes two seedlings 
identified in the field (by the presence of cotyledons) on a recently 
burned site in 2014 (Munson 2022, pers. comm.). While the distribution 
of SCI bush-mallow is much greater than was known at the time of 
listing, difficulty and confusion with discerning between ramets and 
genets and low reproductive output create uncertainty about whether it 
is reproducing sexually or only clonally.
    Two different studies of population genetics have been conducted 
(Helenurm 1997; Helenurm 1999). These genetic assessments along with 
field observations indicate that overall genetic diversity is low, but 
there is some level of genetic diversity within and among patches of 
SCI bush-mallow (i.e., based on these studies, not all individuals are 
clones in each area). However, due to the limitations of techniques, 
neither study is conclusive. Genetic diversity is presumed to have 
declined since the introduction of feral browsers and grazers, but we 
do not know historical or current levels of genetic diversity or normal 
rates of sexual versus asexual reproduction, so no comparisons can be 
made. Overall, genetic diversity within SCI bush-mallow is still very 
low compared with other island endemic plant taxa (Helenurm 1999, p. 
40).
    This species may be subject to drought stress to some extent (from 
25 to 89 percent of individuals sampled), which may reduce flowering 
(Muller and Junak 2011, p. 58). This species may be drought deciduous 
as is a closely related species of bush-mallow, Malacothamnus 
fasciculatus, but there are no physiological studies to support this 
conjecture; the similar phenology of SCI bush-mallow and its habitat 
attributes support the suggestion (Muller and Junak 2011, p. 32).
    Although no information is available regarding the fire tolerance 
of SCI bush-mallow, other species in the same genus (e.g., 
Malacothamnus fremontii) rapidly become established after fire (Rundel 
1982, p. 86). Seed germination in other species in the genus is 
stimulated by fire, and there is evidence that fire may also have a 
positive effect on SCI bush-mallow (Keeley et al. 2005, p. 175). 
Because of its ability to resprout from rhizomes and the adaptation of 
other species in the genus to fire, it is thought that SCI bush-mallow 
is likely resistant to fire and that its seeds may even respond 
positively to fire (USFWS 2008b, p. 77).

San Clemente Island Paintbrush

    A thorough review of the taxonomy, life history, and ecology of the 
SCI paintbrush is presented in the SSA report (USFWS 2022e).
    SCI paintbrush (Castilleja grisea) is a highly branched perennial 
subshrub in the broomrape family (Orobanchaceae) endemic to SCI (Chuang 
and Heckard 1993, p. 1021) and is the only representative of the genus 
Castilleja found on the island (Helenurm et al. 2005, p. 1222). SCI 
paintbrush is typically 11.5 to 31.5 in (29 to 80 cm) in height and 
covered with dense white, wooly hairs. Most Castilleja species have 
bisexual flowers disposed in terminal spikes. The flowers of SCI 
paintbrush are yellow.
    SCI paintbrush is thought to have been relatively common on SCI in 
the 1930s and subsequently declined as a result of unchecked grazing by 
introduced feral herbivores (Helenurm et al. 2005, p. 1222). The 
complete historical range of SCI paintbrush on SCI is unknown because 
botanical studies were not completed before the plant's decline. 
Herbarium records documented the species on the south and east sides of 
the island before the time of listing (California Consortium of 
Herbaria 2019, records for C. grisea). By 1963, SCI paintbrush was 
reported as rare or occasional (Raven 1963, p. 337). Since the complete 
removal of feral ungulates from SCI by 1992, SCI paintbrush has been 
detected across the southern two-thirds of the island (Keegan et al. 
1994, p. 58; Junak and Wilken 1998, p. 1-416, GIS data; Junak 2006, p. 
1-176, GIS data; Tierra Data Inc. 2008, p. 1-24, appendices and GIS 
data; SERG 2010a and 2010b, GIS data). The current abundance and 
distribution of SCI paintbrush is estimated to comprise 601 locations 
totaling 42,104 individuals occupying 87 watersheds (see figure 3, 
below) (USFWS 2022e, pp. 27-29).
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    Over time, the range of SCI paintbrush has expanded, and it now 
occupies a broad range of habitats across the island. SCI paintbrush is 
often associated with two major vegetation types: Canyon woodland 
(which encompasses approximately 696 ac (282 ha)), and maritime desert 
scrub (which encompasses approximately 6,228 ac (2,520 ha)). Aspect 
varies widely, but generally plants are found on flats and steep rocky 
slopes from 0-70 degrees (CNDDB 2019; Navy 2017, p. 11-24; Vanderplank 
et al. 2019, p. 5), and the species is found almost exclusively on non-
clay soils and rocky outcrops (Vanderplank et al. 2019, p. 5). SCI 
paintbrush can colonize disturbed areas, and the species likely has the 
potential for further range expansion on SCI

[[Page 4769]]

(Navy 2008a, pp. 3.11-3.20; Vanderplank et al. 2019, p. 5).
    All members of the genus Castilleja are considered hemiparasitic, 
meaning that its roots are capable of forming parasitic connections to 
roots of other plants (Heckard 1962, p. 27). Plants within the genus 
are capable of photosynthesis and can exist without a host, but they 
are able to derive water, nutrients, and photosynthates from a host 
plant if present (Heckard 1962, p. 25). Members of the genus Castilleja 
appear to form parasitic connections with a wide range of host plant 
species from a wide range of families (Heckard 1962, p. 28; Atsatt and 
Strong 1970, p. 280; Marvier 1996, p. 1399; Adler 2002, p. 2704; Adler 
2003, p. 2086; Muller 2005, p. 4). Although studies to verify host-
connections have not been done, numerous plant species are associated 
with SCI paintbrush (Junak and Wilken 1998, p. 82; Muller 2009, pers. 
comm., in 77 FR 29078, p. 29096, May 16, 2012). The generalist host-
selection of C. grisea likely aided recovery of this species as the 
vegetation recovered following the removal of feral browsers and 
grazers (Muller and Junak 2011, pp. 16-17).
    SCI paintbrush typically flowers between February and May, 
producing yellow bisexual flowers (Chuang and Heckard 1993, pp. 1016-
1024; Navy 2013a, p. 3-203). SCI paintbrush is likely self-incompatible 
(unable to produce viable seed through self-fertilization), as observed 
in other species of the genus (Carpenter 1983, p. 218; Junak and Wilken 
1998, p. 84). Results of a population genetic study were consistent 
with an outcrossing breeding system (Helenurm et al. 2005, p. 1225). 
SCI paintbrush is most closely related to, and shares floral traits 
with, other species in the genus primarily adapted for bee pollination 
(Chuang and Heckard 1991, p. 658), but both insect and hummingbird 
pollination of Castilleja have been reported (Grant 1994, p. 10409; 
Junak and Wilken 1998, p. 84).
    Although the lifespan of SCI paintbrush is unknown, its larger 
stature and woodier habit (general appearance or growth form) suggest 
it may be longer lived, which would be consistent with an estimated 
lifespan of 5-15 years based on observations made during repeat visits 
to occupied sites (Munson 2022, pers. comm.). Based on life-history, 
the persistence of interbreeding groups of plants may depend upon 
frequent production of seed (Dunwiddie et al. 2001, p. 161) as no 
evidence of clonal growth has been found (Muller and Junak 2010, p. 
42). Population growth is primarily by recruitment from existing 
populations from plants that emerged from the soil seedbank following 
removal of feral herbivores or from plants that survived those impacts 
(Muller and Junak 2010, p. 42). However, the increase in SCI 
paintbrush's range, along with the discovery of new individuals along 
trails or near buildings that people frequent (O'Connor 2022, pers. 
comm.), suggests that the establishment of new population centers may 
be relatively common. The degree of fire tolerance of SCI paintbrush is 
unknown. It is not specifically adapted to fire, but it is likely 
resilient to occasional fires and has been seen to persist in areas 
after fires, although severe fires can kill plants and reduce numbers 
of individuals in a location (Muller and Junak 2011, p. 16;; Tierra 
Data Inc. 2005, p. 80; Vanderplank et al. 2019, p. 13).

San Clemente Island Lotus

    A thorough review of the taxonomy, life history, and ecology of the 
San Clemente Island lotus is presented in the SSA report (USFWS 2022d).
    SCI lotus (Acmispon dendroideus var. traskiae) is a semi-woody, 
flowering subshrub in the legume or pea family (Fabaceae). It is 
endemic to SCI (Isely 1993, p. 619) and is one of five taxa in the 
genus Acmispon found on the island (Tierra Data Inc. 2005, p. C-8; 
Brouillet 2008, pp. 388-392).
    SCI lotus is typically less than 4 ft (1.2 m) tall with slender 
erect green branches (Munz 1974, pp. 449-450; USFWS 1984, p. 59; Allan 
1999, p. 82). Each leaf has three to five leaflets, each approximately 
0.2 to 0.3 in (5 to 9 millimeters (mm)) long (USFWS 1984, p. 59; Allan 
1999, p. 82). SCI lotus has small yellow flowers that are bisexual and 
arranged in one to five flowered clusters on stalks that arise from 
axils between the stem and leaf of terminal shoots (Junak and Wilken 
1998, p. 256). Pistils are initially yellow, turning orange then red as 
the fruit matures (USFWS 1984, p. 59).
    The 1977 listing rule mentioned that SCI lotus occurred at Wilson 
Cove on the north end of the island, but no other details were 
available (42 FR 40682, p. 40683, August 11, 1977). In the 1984 
recovery plan, SCI lotus were restricted to six ``populations'' 
associated with rocky areas, with the largest number of plants growing 
in the Wilson Cove area (USFWS 1984, p. 59). Only a few herbarium 
specimens of SCI lotus exist, making historical distribution and 
condition difficult to assess. Based on herbarium records, California 
Natural Diversity Database (CNDDB) records, and the recovery plan, the 
historical range includes occurrences in the northern part of the 
island (Wilson Cove) down to the southern point (Pyramid Head). Since 
the final removal of all feral herbivores by 1992, the distribution of 
this taxon has steadily increased (77 FR 29078, p. 29110, May 16, 
2012). By 1997, roughly 50 percent of documented occurrences of these 
plants were found in the vicinity of Wilson Cove, and by 2004, 75 
percent of the distribution of this taxon was found beyond this area 
and extended to the southernmost part of the island (USFWS 2007b, pp. 
4-5).
    The most recent survey data show the distribution of SCI lotus 
spans the length of the island from Wilson Cove to the southern tip 
east of Pyramid Cove, approximately 19 mi (31 km) (Junak and Wilken 
1998, p. 261; Junak 2006, Map A-C; Vanderplank et al. 2019, p. 27). The 
majority of locations tend to be clustered on north-facing slopes on 
the eastern side of the island (Vanderplank et al. 2019, p. 7). SCI 
lotus tends to occur in small groups of 10 to 50 individuals (Allan 
1999, p. 84). The statuses of some historical locations are unknown 
because they occur in areas with restricted access, such as due to 
unexploded ordnances, or have not been surveyed in a long time. Based 
on repeated surveys within some watersheds, 15 previously occupied 
watersheds are no longer considered occupied (USFWS 2022d, p. 26). 
However, the overall number of watersheds in which SCI lotus is 
documented increased from 4 reported during 1980-1989 surveys, to 50 
reported in the period 2010-2014 (USFWS 2022d, p. 21). Despite 
limitations of the survey data (e.g., not all areas were surveyed 
during every survey period), the data indicate that the number of 
individuals and the range of SCI lotus have increased over time, and 
SCI lotus's current distribution is estimated to be 249 locations 
within 57 watersheds totaling 20,743 individuals (see figure 4, below) 
(USFWS 2022d, pp. 24-27).
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BILLING CODE 4333-15-C
    SCI lotus establishes on north- and east-facing slopes and ridges 
at elevations ranging from 25 to 1,400 ft (7.6 to 463 m) and is found 
in canyon bottoms or along ridgelines (Junak 2006, p. 125). It appears 
to preferentially establish and grow somewhat colonially around rock 
outcrops and among large boulders situated in grassland areas and along 
the interface between grassland and maritime sage scrub (Allan 1999, p. 
84; Navy 2002, p. D-9); SCI lotus also readily occupies disturbed sites 
and locations close to buildings, roads, and pipelines (Navy 2013b, p. 
3-201). It occurs on well-drained soils where adequate soil moisture is 
available to the plant (Junak and Wilken 1998, p. 256; Navy 2002, p. D-
9) and occurs mostly on clay to rocky soils (Vanderplank et al. 2018, 
p. 7). SCI lotus

[[Page 4771]]

is generally associated with two habitat types on the island: canyon 
woodland supported on approximately 696 ac (282 ha) and maritime desert 
scrub along the northeastern escarpment supported on approximately 
6,228 ac (2,520 ha) (Navy 2002, pp. 3.57, 3.58).
    SCI lotus is short-lived, with a reported lifespan of less than 5 
years (USFWS 2008b, p. 113); however, individuals near Wilson Cove have 
been observed to live longer than 6 years (Emily Howe 2017, pers. comm. 
in Vanderplank et al. 2018, p. 6). Like other legumes, the roots of 
plants in the genus Acmispon to which SCI lotus belongs are able to fix 
atmospheric nitrogen, making it available to plants in the form of 
ammonia, enriching the soil and making members of the genus Acmispon 
important post-fire colonizers (S[oslash]rensen and Sessitsch 2007 in 
Vanderplank et al. 2018, p. 4).
    SCI lotus flowers between February and August, peaking from March 
to May (Junak and Wilken 1998, p. 256; USFWS 2008b, p. 113), with 
halictid bees (a family of small solitary bees that typically nest in 
the ground), bumblebees, and small beetles observed foraging on the 
flowers (Junak and Wilken 1998, p. 257; Allan 1999, pp. 64, 85). A 
sister taxon (Acmispon glaber [syn. Lotus scoparius]) flowers in 
response to available moisture from fog and precipitation, primarily 
winter rainfall (Vanderplank and Ezcurra 2015, p. 416), which may also 
be true of SCI lotus. The taxon is self-compatible, meaning it is 
capable of self-fertilization, and can self-pollinate (Allan 1999, pp. 
85-86), but plants may also rely on insects for more effective 
pollination (Arroyo 1981, pp. 728-729).
    On average, a single SCI lotus individual can produce approximately 
36 to 64 flowering shoots, 118 to 144 flowers per shoot, and 4 to 6 
seeds per fruit (Junak and Wilken 1998, p. 257). This information 
suggests that, under ideal conditions, an individual can produce a high 
volume of seeds (16,000 or more). Like most legumes, SCI lotus seeds 
require scarification (weakening or opening the seed coat to promote 
germination) or gradual seed coat degradation to germinate (Wall 2011, 
pers. comm. in 77 FR 29078, p. 29095, May 16, 2012). SCI lotus is 
thought to have high long-term survival in the seed bank. Germination 
rates for seed stored for 6 years dropped only from 80 percent to 76 
percent; one seed lot displayed 65 percent germination after more than 
30 years in storage (Cheryl Birker 2017, pers. comm. in Vanderplank et 
al. 2019, p. 6).
    The majority (67 percent) of SCI lotus's genetic variability is 
found among, rather than within, occurrences (Allan 1999, p. 61). 
However, more recent genetic work (McGlaughlin et al. 2018, p. 754) has 
shown moderate levels of genetic diversity in the species, with gene 
flow between neighbor populations. The genetic diversity of SCI lotus 
is equal to or higher than that of the mainland variety of the same 
species, Acmispon dendroideus var. dendroideus, and SCI lotus also 
contains unique and highly divergent genotypes (Wallace et al. 2017, 
pp. 747-748). SCI lotus has hybridized with A. argophyllus var. 
argenteus in disturbed areas in Wilson Cove (Liston et al. 1990, pp. 
239-240; Allan 1999, p. 86). Based on intermediate characteristics, the 
hybrid plants appear to be first generation (F1 generation) plants from 
a cross between the two varieties. It is not known whether these plants 
can produce viable seeds by backcrossing between the hybrids or with 
the putative parent plants (Allan 1999, p. 86).
    The fire tolerance of SCI lotus is not well understood. Based on 
SCI lotus's growth characteristics and occurrence increases in areas 
affected by fire, and the fire adaptations of related taxa, SCI lotus 
may be resilient to at least occasional fire. Because it is short-lived 
and likely relies on its seed bank for recruitment, fire may benefit 
this taxon by opening up areas of bare ground for seedling germination 
(USFWS 2007b, p. 7). However, frequent fires could exceed its tolerance 
of fire severity and frequency and exhaust the seed bank in repeatedly 
burned areas (USFWS 2007b, p. 11; USFWS 2022d, pp. 20-21).

San Clemente Island Larkspur

    A thorough review of the taxonomy, life history, and ecology of the 
SCI larkspur is presented in the SSA report (USFWS 2022c). The SCI 
larkspur (Delphinium variegatum ssp. kinkiense) is an herbaceous 
perennial in the buttercup family (Ranunculaceae). It grows 6 to 33 in 
(14 to 85 cm) in height but generally is less than 20 in (50 cm) tall 
(Koontz and Warnock 2012, no pagination). The flowers are light blue to 
white in color and are bilaterally symmetrical with five petal-like 
sepals and four smaller petals. The uppermost sepal is a straight or 
downcurved spur that is characteristic for the genus.
    SCI larkspur is one of two subspecies of Delphinium variegatum that 
occur exclusively on SCI, the other being Thorne's larkspur (Delphinium 
variegatum ssp. thornei). The island subspecies are currently 
distinguished primarily by flower color, with Thorne's larkspur 
generally having bright blue (i.e., darker), slightly larger flowers 
than the SCI larkspur, which generally has white flowers, consistent 
with distinctions noted in earlier works (Dodd and Helenurm 2000, p. 
125; Koontz and Warnock 2012, no pagination). SCI larkspur occurs 
mostly in the northern portion of the island, and Thorne's larkspur 
occurs in the southern portion of the island. However, in the middle of 
the island (and on the far southern end), the two flower colors coexist 
in many locations, with varying proportions of each color, and flower 
colors ranging from pure white to dark purple. While ambiguity of the 
subspecies classifications, mostly within the central areas of the 
island, has caused some confusion regarding true range and 
distribution, the currently accepted taxonomic treatment recognizes the 
two subspecies and is followed in our assessment.
    The historical range and distribution of SCI larkspur on SCI is 
unknown because botanical studies were not completed before the plant's 
decline. The final listing rule (42 FR 40682; August 11, 1977) did not 
provide specific information regarding the SCI larkspur's distribution 
and abundance. The 1984 recovery plan noted that the subspecies 
occurred in six or seven locations (USFWS 1984, pp. 17, 35). The true 
range and distribution of SCI larkspur on SCI is somewhat unknown due 
to the ambiguity of the subspecies classifications, particularly in the 
central areas of the island where SCI larkspur and Thorne's larkspur 
co-occur, as do plants exhibiting characteristics intermediate between 
the two subspecies. While various delineations have been used to 
classify mixed occurrences (USFWS 2022c, p. 22), SCI larkspur is 
generally found mid-island on gentle slopes on the eastern side of the 
island, although the species has also been detected at higher 
elevations on the west side of the island (USFWS 2022c, p. 22). Since 
grazing pressure was removed on SCI, both subspecies of Delphinium 
variegatum have been noted to have expanded dramatically (O'Brien 2019, 
pers. comm.). The species' ability to go dormant also contributes to 
difficulties in determining population counts. The current distribution 
and abundance estimate of SCI larkspur is 18,956 individuals within 22 
watersheds (see figure 5, below). Occupancy at two additional 
watersheds has been reported, but population counts are not available 
at these locations (USFWS 2022c, pp, v., 36).
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[[Page 4772]]

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BILLING CODE 4333-15-C
    SCI larkspur is found in a broad range of habitats within the same 
general vegetation types and is widespread across the island. SCI 
larkspur is generally found within mid- to high-elevation grasslands on 
the east side of the northern and central portions of the island where 
it occurs in clay, loam, and rocky soils with soil depths ranging from 
shallow to deep; however, it is more often associated with non-clay 
soils (Vanderplank et al., 2022.). Reported habitats have included 
coastal grasslands (Koontz and Warnock 2012, no pagination), as well as 
grassy slopes and benches, open grassy terraces, and chaparral and oak 
woods (Warnock 1993 in USFWS 2008a, p. 12). Currently, SCI larkspur 
occurs primarily on the east side of the island on gentle slopes with 
northern, northwestern, and

[[Page 4773]]

eastern exposures. The higher elevation plateau supports grasslands 
dominated by the native perennial bunch-grasses interspersed with 
annual forbs while the mid- and lower-elevation grasslands tend to be 
less floristically diverse and dominated by introduced annual grasses. 
They are primarily found within vegetation communities dominated by 
Artemisia californica, nonnative grasslands, and Baccharis pilularis 
(Vanderplank et al., 2022.).
    Flower production in Delphinium can be highly variable and may be 
dependent upon quite localized weather conditions (Lewis and Epling 
1959, p. 512) and soil moisture (Inouye et al. 2002, pp. 545, 549). 
Plants may not flower until reaching 2 to 3 years of age (e.g., Waser 
and Price 1985, p. 1727 in reference to D. nelsonii).
    SCI larkspur generally flowers from March to April (California 
Native Plant Society 2001, in USFWS 2008a, p. 3), but has been 
documented flowering from January to April (Koontz and Warnock 2012, no 
pagination). Blue and white flowered Delphinium species are largely 
pollinated by bumblebees (Waser and Price 1983, p. 343; Waddington 
1981, p. 154). Several different species of pollinators have been 
observed visiting SCI larkspur (USFWS 2022c, p. 28; Junak and Wilken 
1998, p. 120; Munson 2022, pers. comm.; SERG 2015b, p. 13). Given the 
spur-length of San Clemente Island larkspur, bumblebees or hummingbirds 
may be the primary pollinators (Jabbour et al. 2009, p. 814). 
Successful outcrossing within island populations indicates that 
pollination is effective; therefore, populations of pollinators are 
likely to be ample.
    Like most other California larkspurs, SCI larkspur can survive 
below ground when conditions are unfavorable and may remain dormant and 
not appear above-ground for one or more years. The species begins to go 
dormant shortly after flowering, remaining dormant until early in the 
rainy season. Although we have no information on the lifespan of SCI 
larkspur, based on information regarding other species of larkspurs, it 
is likely that the subspecies is relatively long-lived (USFWS 2022c, p. 
28). Because of the species' ability to go dormant, and additionally 
because flower production in Delphinium can be highly variable and may 
be dependent upon quite localized weather conditions, exact numbers of 
individuals are difficult to locate and count.
    In comparison with other endemic plant species, Delphinium 
variegatum appears to be typical in its pattern of genetic diversity 
relative to its geographic range at both the population and taxon 
levels (Dodd and Helenurm 2002, p. 619). However, in comparison with 
other Delphinium, the genetic variation observed for the insular taxa 
of D. variegatum appears to be low. The data suggest that there is a 
higher level of gene flow among adjacent populations. If estimates of 
historical gene flow are indicative of current patterns, then gene flow 
among the 24 island populations studied appears to be high enough to 
prevent genetic differentiation among them. This finding is consistent 
with the general low level of genetic differentiation found among 
populations of other species in the genus Delphinium (Dodd and Helenurm 
2002, pp. 619-620).
    Little is known regarding the fire tolerance of SCI larkspur. 
However, its dormancy period (roughly May or June through November) and 
the fire season generally coincide (O'Connor 2022, pers. comm.; Navy 
2009, p. 4.22). The possible benefits of fire to SCI larkspur include 
reduction in competitive shading and/or nutrient uptake, which would 
likely increase flowering and possibly visibility to pollinators.

Recovery

    Section 4(f) of the Act directs us to develop and implement 
recovery plans for the conservation and survival of endangered and 
threatened species unless we determine that such a plan will not 
promote the conservation of the species. Recovery plans must, to the 
maximum extent practicable, include objective, measurable criteria 
which, when met, would result in a determination, in accordance with 
the provisions of section 4 of the Act, that the species be removed 
from the Lists.
    Recovery plans provide a roadmap for us and our partners on methods 
of enhancing conservation and minimizing threats to listed species, as 
well as measurable criteria against which to evaluate progress towards 
recovery and assess the species' likely future condition. However, they 
are not regulatory documents and do not substitute for the 
determinations and promulgation of regulations required under section 
4(a)(1) of the Act. A decision to revise the status of a species, or to 
delist a species, is ultimately based on an analysis of the best 
scientific and commercial data available to determine whether a species 
is no longer an endangered species or a threatened species, regardless 
of whether that information differs from the recovery plan.
    There are many paths to accomplishing recovery of a species, and 
recovery may be achieved without all the criteria in a recovery plan 
being fully met. For example, one or more criteria may be exceeded 
while other criteria may not yet be accomplished. In that instance, we 
may determine that the threats are minimized sufficiently and that the 
species is robust enough that it no longer meets the definition of an 
endangered species or a threatened species under the Act. In other 
cases, we may discover new recovery opportunities after having 
finalized the recovery plan. Parties seeking to conserve the species 
may use these opportunities instead of methods identified in the 
recovery plan. Likewise, we may learn new information about the species 
after we finalize the recovery plan. The new information may change the 
extent to which existing criteria are appropriate for identifying 
recovery of the species. The recovery of a species is a dynamic process 
requiring adaptive management that may, or may not, follow all guidance 
provided in a recovery plan.
    In 1984, we published the Recovery Plan for the Endangered and 
Threatened Species of the California Channel Islands (recovery plan); 
it addresses the five species in this final rule, plus some additional 
species (USFWS 1984, entire). The recovery plan preceded the 1988 
amendments to the Act outlining required elements of recovery plans. As 
such, the recovery plan does not include recovery criteria, but 
followed guidance in effect at the time it was finalized. Rather than 
including specific criteria for determining when threats have been 
removed or sufficiently minimized, the recovery plan identifies six 
objectives to achieve recovery of the Channel Island species. Given the 
threats in common to the species addressed, the recovery plan is broad 
in scope and focuses on restoration of habitats and ecosystem function. 
The six objectives identified in the recovery plan are:
     Objective 1: Identify present adverse impacts to 
biological resources and strive to eliminate them.
     Objective 2: Protect known resources from further 
degradation by: (a) Removing feral herbivores, carnivores, and selected 
exotic plant species; (b) controlling erosion in sensitive locations; 
and (c) directing military operations and adverse recreational uses 
away from biologically sensitive areas.
     Objective 3: Restore habitats by revegetation of disturbed 
areas using native species.
     Objective 4: Identify areas of San Clemente Island where 
habitat restoration and population increase of certain addressed taxa 
may be achieved through a careful survey of the island

[[Page 4774]]

and research on habitat requirements of each taxon.
     Objective 5: Delist or downlist those taxa that achieve 
vigorous, self-sustaining population levels as the result of habitat 
stabilization, habitat restoration, and prevention or minimization of 
adverse human-related impacts.
     Objective 6: Monitor effectiveness of recovery effort by 
undertaking baseline quantitative studies and subsequent follow up work 
(USFWS 1984, pp. 106-107).
    The Navy has taken a variety of recovery actions to achieve the 
recovery plan's objectives. These include:
     Removing all feral herbivores, which was achieved in 1992.
     Monitoring and control of the expansion of highly 
invasive, nonnative plant species on an ongoing basis since the 1990s 
(O'Connor 2022, pers. comm.).
     Implementing a nonnative wildlife program (nonnative 
predator management) initiated by the Navy in 1992 (USFWS 2008b, p. 
172).
     Conducting and funding surveys, research, and monitoring 
to better understand the ecology and habitat requirements of sensitive 
species and monitoring their status and the effectiveness of recovery 
efforts.
     Conducting long-term vegetation monitoring studies.
     Conducting propagation and outplanting (transplant 
individuals from the greenhouse to vegetative communities) of non-
listed native species through a contract with the San Diego State 
University Soil Ecology and Restoration Group (SERG) (Navy 2013a, p. 3-
5). Although the restoration efforts were not specifically designed for 
the benefit of the species addressed in this final rule, restoration of 
the island's vegetation communities has helped to improve habitat 
suitability for the subject species by reducing the spread of invasive, 
nonnative plants and restoring ecological processes.
     Conducting annual reviews of fire management and fire 
occurrences, allowing for adaptive management to minimize the frequency 
and spread of fires. For example, in 2017, after a large fire that 
burned part of the eastern escarpment had seemingly gone out, the fire 
restarted the next day and response was therefore delayed. This 
occurrence prompted a change in how the Navy monitors fires that are 
thought to be extinguished (O'Connor 2022, pers. comm.).
     Addressing assault vehicle-related erosion through 
development of an erosion control plan for the AVMAs (Navy 2013b, 
entire). The Navy also incorporates erosion control measures into all 
site feasibility studies to minimize impacts from erosion and avoid 
impacts to listed species.

San Clemente Island Integrated Natural Resources Management Plan

    Contributions to meeting the recovery objectives include adoption 
and implementation of the SCI Integrated Natural Resources Management 
Plan (INRMP). The Navy adopted the SCI INRMP in 2002 (Navy 2002, 
entire) and updated it again in 2013 (Navy 2013a, entire). An INRMP is 
intended to guide installation commanders in managing their natural 
resources in a manner that is consistent with the sustainability of 
those resources, while ensuring continued support of the military 
mission (Navy 2002, p. 1-1). The INRMP identifies goals and objectives 
for specified management units and their natural resources, including 
measures to protect, monitor, restore, and manage special status 
species and their habitats. The Navy identifies and addresses threats 
to special status species during the INRMP planning process. If 
possible, threats are ameliorated, eliminated, or mitigated through 
this procedure.
    The SCI INRMP outlines management actions for invasive species 
control island-wide, including near listed species; biosecurity 
protocols; restoration of sites that support sensitive plants; habitat 
enhancement for sensitive and listed species; fuel break installation 
to minimize fire spread; and fire suppression to protect endangered, 
threatened, and other priority species. The Navy also developed and 
implements specific plans for some management issues, including the SCI 
Wildland Fire Management Plan; Erosion Control Plan; and the Naval 
Auxiliary Landing Field San Clemente Island Biosecurity Plan. For 
additional details on the Navy's implementation of recovery efforts, 
see ``Conservation Actions and Regulatory Mechanisms,'' below.
    Interim progress on achieving the recovery objectives resulted in 
improvements in the status of SCI paintbrush and SCI lotus such that 
our 2007 5-year reviews recommended reclassification (USFWS 2007a, p. 
14; USFWS 2007b, p. 17), and both species were subsequently 
reclassified from endangered species to threatened species (78 FR 
45406, July 26, 2013). We also recommended in our 2007 5-year review 
for SCI bush-mallow and 2008 5-year review for SCI larkspur that they 
be reclassified as threatened (USFWS 2007c, p. 22; USFWS 2008a, p. 26).
    While the recovery plan did not include specific metrics, the 
plan's objectives have largely been achieved for these five species 
through removal of nonnative herbivores and subsequent recovery of 
native plant communities, and through restoration and management 
actions implemented by the Navy to improve habitat and control threats 
related to erosion, invasive species, fire, and land use. As a result 
of these actions, habitat has been sufficiently restored and managed on 
the island and supports self-sustaining populations for each of these 
five taxa.

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for threatened and 
endangered species. In 2019, jointly with the National Marine Fisheries 
Service, the Service issued final rules that revised the regulations in 
50 CFR parts 17 and 424 regarding how we add, remove, and reclassify 
threatened and endangered species and the criteria for designating 
listed species' critical habitat (84 FR 45020 and 84 FR 44752; August 
27, 2019).
    However, on July 5, 2022, the U.S. District Court for the Northern 
District of California vacated the 2019 regulations (Center for 
Biological Diversity v. Haaland, No. 4:19-cv-05206-JST, Doc. 168 (N.D. 
Cal. July 5, 2022) (CBD v. Haaland)), reinstating the regulations that 
were in effect before the effective date of the 2019 regulations as the 
law governing species classification and critical habitat decisions. 
Subsequently, on September 21, 2022, the U.S. Circuit Court of Appeals 
for the Ninth Circuit stayed the district court's July 5, 2022, order 
vacating the 2019 regulations until a pending motion for 
reconsideration before the district court is resolved (In re: 
Cattlemen's Ass'n, No. 22-70194). The effect of the stay is that the 
2019 regulations are the governing law as of September 21, 2022.
    Due to the continued uncertainty resulting from the ongoing 
litigation, we also undertook an analysis of whether this final rule 
would be different if we were to apply the pre-2019 regulations. That 
analysis, which we described in a separate memo in the decisional file 
and posted on https://www.regulations.gov, concluded that we would have 
reached the same proposal if we had applied the

[[Page 4775]]

pre-2019 regulations because both before and after the 2019 
regulations, the standard for whether a species warrants delisting has 
been, and will continue to be, whether the species meets the definition 
of an endangered species or a threatened species. Further, we concluded 
that our determination of the foreseeable future would be the same 
under the 2019 regulations as under the pre-2019 regulations.
    The Act defines an endangered species as a species that is ``in 
danger of extinction throughout all or a significant portion of its 
range,'' and a threatened species as a species that is ``likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range.'' The Act requires that we 
determine whether any species is an ``endangered species'' or a 
``threatened species'' because of any of the following factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects. We consider these same five 
factors in reclassifying a species from an endangered species to a 
threatened species or removing a species from the Lists (50 CFR 
424.11(c) through (e)).
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the species' expected response and 
the effects of the threats--in light of those actions and conditions 
that will ameliorate the threats--on an individual, population, and 
species level. We evaluate each threat and its expected effects on the 
species, then analyze the cumulative effect of all the threats on the 
species as a whole. We also consider the cumulative effect of the 
threats in light of those actions and conditions that will have 
positive effects on the species--such as any existing regulatory 
mechanisms or conservation efforts. The Secretary determines whether 
the species meets the definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species now and in the 
foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis. The term 
foreseeable future extends only so far into the future as we can 
reasonably determine that both the future threats and the species' 
responses to those threats are likely. In other words, the foreseeable 
future is the period in which we can make reliable predictions. 
``Reliable'' does not mean ``certain''; it means sufficient to provide 
a reasonable degree of confidence in the prediction. Thus, a prediction 
is reliable if it is reasonable to depend on it when making decisions.
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes applicable to the relevant threats and to the 
species' likely responses to those threats in view of its life-history 
characteristics. Data that are typically relevant to assessing the 
species' biological response include species-specific factors such as 
lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors. The SSAs estimated the future condition of 
each species at 20-30 years, and we use that timeframe as the 
foreseeable future in this rule.

Analytical Framework

    The SSA reports document the results of our comprehensive 
biological review of the best scientific and commercial data regarding 
the status of the species, including assessments of the potential 
threats to the species. The SSA reports do not represent our decisions 
on whether any of the species should be delisted or reclassified under 
the Act. They do, however, provide the scientific basis that informs 
our regulatory decisions, which involve the further application of 
standards within the Act and its implementing regulations and policies. 
The following is a summary of the key results and conclusions from the 
SSA reports; the full SSA reports can be found at Docket No. FWS-R8-ES-
2020-0074 on https://www.regulations.gov.
    To assess species viability, we used the three conservation biology 
principles of resiliency, redundancy, and representation (Shaffer and 
Stein 2000, pp. 306-310). Briefly, resiliency supports the ability of 
the species to withstand environmental and demographic stochasticity 
(for example, wet or dry, warm or cold years); redundancy supports the 
ability of the species to withstand catastrophic events (for example, 
droughts, severe wildfire); and representation supports the ability of 
the species to adapt over time to long-term changes in the environment 
(for example, climate changes, successional changes to habitat). In 
general, the more resilient and redundant a species is and the more 
representation it has, the more likely it is to sustain populations 
over time, even under changing environmental conditions. Using these 
principles, we identified the species' ecological requirements for 
survival and reproduction at the individual, population, and species 
levels, and described the beneficial and risk factors influencing the 
species' viability.
    The SSA process can be categorized into three sequential stages. 
During the first stage, we evaluated individual species' life-history 
needs. The next stage involved an assessment of the historical and 
current condition of the species' demographics and habitat 
characteristics, including an explanation of how the species arrived at 
its current condition. The final stage of the SSA involved making 
predictions about the species' responses to positive and negative 
environmental and anthropogenic influences. Throughout all these 
stages, we used the best available information to characterize 
viability as the ability of a species to sustain populations in the 
wild over time. We use this information to inform our regulatory 
decisions.

[[Page 4776]]

Summary of Biological Status and Threats

    Below, we review the biological condition of the species and their 
resources, and the threats that influence the species' current and 
future condition, in order to assess the species' overall viability and 
the risks to that viability.
    Each of the five SCI species occurs as a single population with no 
natural division in their ranges. However, for assessing species 
resilience and for monitoring and tracking the plant species in the 
future, we divided the species' ranges into watershed units to quantify 
threats across the range. Watersheds were suggested for use in 
delineation for monitoring purposes by the Navy (Vanderplank et al. 
2019, pp. 6-7), as every point on the island can be easily assigned to 
a watershed, and watershed boundaries on SCI are not expected to change 
significantly during the 20- to 30-year timeframe of this analysis. 
These units are not meant to represent ``populations'' in a biological 
sense; rather, these units were designed to subdivide the species' 
ranges in a way that facilitates assessing and reporting the variation 
in current and future resilience across the range. In the SSAs for the 
plant species, we assessed the species' ability to withstand stochastic 
events in each watershed, and how these occupied watersheds contribute 
to the viability of the entire island population (the species). Note 
that this way of delineating analysis units within which to measure 
resiliency does not follow the methods used in the July 26, 2013, rule 
reclassifying SCI paintbrush and SCI lotus (78 FR 45406), and it is 
therefore not directly comparable. However, the watersheds that are 
represented correspond to the extant occurrences described in the July 
26, 2013, reclassification rule (USFWS 2022d, pp. 82-85; USFWS 2022e, 
pp. 89-92).
    To assess species resilience for SC Bell's sparrow, we followed the 
approach used in annual breeding season surveys. Annual breeding season 
surveys divide the island into eight vegetation strata, estimate the SC 
Bell's sparrow density in each strata, and extrapolate the density 
across the strata to obtain a population estimate for the strata. We 
assessed the resiliency of the subspecies within each of these strata 
in terms of the estimated population size, and combined the strata 
results to assess the resiliency of the subspecies. The vegetation 
strata do not represent ``populations'' in a biological sense; as with 
the plant species, these units subdivide the species' range in a way 
that facilitates assessing and reporting the variation in current and 
future resilience across the range.

Species Needs

    Our SSA framework generally includes identifying the species' 
ecological requirements for survival and reproduction at the 
individual, population, and species levels. However, population-level 
and species-level needs, such as number of individuals or reproductive 
success necessary to maintain an occurrence, level of gene flow or 
dispersal, etc., are not well understood for any of the five species. 
Where information is lacking or incomplete, we make certain scientific 
assumptions based on principles of conservation biology to conduct our 
analyses. In each of the plant SSAs, we make the assumption that, for 
the plant species, higher numbers of individuals within a watershed 
correlate with greater resilience and, conversely, watersheds with 
fewer individuals or with only one occupied location within the 
watershed have lower resiliency. Similarly, for SC Bell's sparrow, our 
models in the SSA assume that density correlates with greater 
resilience, and that vegetative strata with greater densities have 
greater resilience.

Risk Factors for the San Clemente Island Species

    We reviewed the potential risk factors (i.e., threats, stressors) 
that could be affecting the five SCI species now and in the foreseeable 
future. In this final rule, we will discuss only those factors in 
detail that could meaningfully impact the status of the species. Those 
risks that are not known or unlikely to have effects on the status of 
the SCI species, such as disease or seed predation, are not discussed 
here, but are evaluated in the SSA reports. Many of the threats and 
risk factors are the same or similar for each of the species. Where the 
effects are expected to be similar, we present one discussion that 
applies to all species. Where the effects may be unique or different to 
one species, we address that species specifically. Many of the risk 
factors affect both habitat (quantity and quality) and individuals of 
the species (disturbance, injury, or mortality). The primary risk 
factors (i.e., threats) affecting all the SCI species are: (1) Past, 
current, and future land use, including military training activities 
(Factors A and E from the Act); (2) erosion (Factor A); (3) invasive 
species (Factors A and E); (4) fire and fire management (Factors A and 
E); and (5) climate change (Factors A and E). Additional risk factors 
for some of the species include predation (Factor C), drought (Factors 
A and E), small population size (Factor E), and reduced genetic 
diversity (Factor E). Finally, we also reviewed the conservation 
efforts being undertaken for the species.

Past Land Use

    The current habitat conditions for listed species on SCI are partly 
the result of historical land use practices. SCI was used legally and 
illegally for sheep ranching, cattle ranching, goat grazing, and pig 
farming (77 FR 29078, p. 29093, May 16, 2012; Navy 2013a, p. 2-3). 
Goats and sheep were introduced early by the Europeans, and cattle, 
pigs, and mule deer were introduced in the 1950s and 1960s (Navy 2013a, 
p. 3-185). These nonnative herbivores greatly changed the vegetation of 
SCI and were the main cause of the SCI species' decline (42 FR 40682, 
p. 40683, August 11, 1977). Persistent grazing and browsing defoliated 
large areas of the island, and the animals' trampling caused trail 
proliferation, which exacerbated erosion, altering plant communities on 
SCI and leading to severe habitat degradation and loss of suitable 
habitat that likely curtailed the range of endemic plants and animals 
on the island. Grazing and ranching on the island also facilitated the 
introduction and spread of nonnative plants (Navy 2002, p. 3-31).
    All nonnative ungulates were removed by 1992 (Keegan et al. 1994, 
p. 58; 77 FR 29078, p. 29093, May 16, 2012). Since then, the vegetation 
on SCI has rebounded, and habitat conditions have improved, leading to 
changes in the cover of native and nonnative plants on the island, 
further evidenced by the increases in endangered and threatened taxa 
since the feral animals were removed (Uyeda et al. 2019, pp. 6, 22, 
30). While nonnative herbivores have been successfully removed and are 
no longer directly affecting native plant communities, continuing 
impacts include areas vulnerable to erosion that have not fully 
recovered, the presence of invasive species, and the interaction of 
nonnative grasses with fire. The past and continuing effects of 
erosion, invasive species, and fire are discussed further below.

Overview of Current Land Use

    SCI is owned by the Navy and is the primary maritime training area 
for the Pacific Fleet and Sea Air and Land Teams (77 FR 29078, May 16, 
2012). The island also supports training by the Marine Corps, the Air 
Force, the Army, and other military organizations. As the westernmost 
training range in the eastern Pacific Basin, where training operations 
are performed prior to troop

[[Page 4777]]

deployments, portions of the island receive intensive use by the 
military (Navy 2008a, p. 2.2).
    Infrastructure, including runways, buildings, fuel distribution 
network, training facilities, berthing areas, and associated 
development, is concentrated at the northern half of the island. The 
remainder of the island supports scattered operations buildings, 
training facilities, an electrical distribution system, and Ridge Road 
running along the central plateau of the island. In addition to 
existing infrastructure, military exercises and training activities 
occur within designated training areas on the island and have the 
potential to affect the SCI species (see table 1, below). Altogether, 
34.8 percent of the island's area is currently in one of these training 
areas, although training does not occur uniformly within each area. 
Military training activities can involve the movement of assault 
vehicles and troops over the landscape and can include live munitions 
fire, incendiary devices, demolitions, and bombardment.
    The Shore Bombardment Area (SHOBA) occupies roughly the southern 
third of the island and encompasses approximately 13,824 ac (5,594 ha) 
(Navy 2008a, p. 2-7, Navy 2009, p. 2-4). Areas of intensive use within 
SHOBA include two Impact Areas and three Training Areas and Ranges 
(TARs). Impact Areas support naval gun firing, artillery firing, and 
air-to-ground bombing (Navy 2008a, p. 2-7; Navy 2013a, p. 2-8). Much of 
the remainder of SHOBA serves as a buffer around Impact Areas; thus, 59 
percent of SHOBA is not within intensive training areas subject to 
direct training activities. Some areas, particularly the escarpment 
along the eastern coast, have limited training value because 
precipitous terrain hinders ground access.
    Due to military training activities, land use has been considered a 
threat to listed species on SCI. Training and other land use activities 
have multiple potential impacts, including trampling or crushing 
individuals or groups of plants; disturbance of nesting birds or injury 
or mortality of nestlings; and habitat impacts including disturbances 
to soil and vegetation, spread of nonnative plant species, creation of 
road ruts and trails, compaction of soils, and fires (USFWS 2008b, pp. 
96-99). Erosion, nonnative species, and fire are discussed separately 
from military training in this final rule.

   Table 1--Summary of Current Military Training Areas and Their Potential Threats to Species on San Clemente
                                                   Island, CA
----------------------------------------------------------------------------------------------------------------
                                                     Percent of
          Training area             Size (acres)      island *              Use              Threat/stressor
----------------------------------------------------------------------------------------------------------------
Assault Vehicle Maneuver Areas            1,060.5             2.9  Vehicular             Soil erosion,
 (3).                                                               maneuvering.          trampling,
                                                                                          devegetation (habitat
                                                                                          removal); disturbance,
                                                                                          injury, or mortality
                                                                                          of individuals.
Infantry Operations Area.........         8,827.6            24.5  Dispersed foot        Trampling, soil
                                                                    traffic.              erosion; disturbance,
                                                                                          injury, or mortality
                                                                                          of individuals.
Training Areas and Ranges (TARs)          1,968.2             5.5  Varies by TAR:        Varies by TAR, but
 (20).                                                              demolition, small     limited to trampling,
                                                                    arms, combat, etc.    fires, localized
                                                                                          ground disturbance;
                                                                                          disturbance, injury,
                                                                                          or mortality of
                                                                                          individuals.
Impact Areas (2).................         3,399.7             9.4  Bombing, live fire..  Devegetation (habitat
                                                                                          removal), fires;
                                                                                          disturbance, injury,
                                                                                          or mortality of
                                                                                          individuals.
----------------------------------------------------------------------------------------------------------------
* Because several training areas overlap, percentages total more than the 34.8 percent of the island's area
  located in training areas.

Overview of Future Land Use

    The Navy is drafting an environmental assessment to evaluate future 
training areas, exercises, and frequency on SCI. Training frequency and 
intensity in existing training areas will increase in the future, and 
new training areas, including landing zones (LZs), AVMAs, and a new TAR 
may be established. Up to 19 new helicopter LZs may be designated, and 
we anticipate impacts associated with training could occur within about 
500 feet of each LZ. Future training may include up to 13 new AVMAs, 6 
of which overlap with existing training areas. We anticipate impacts 
associated with this training could occur within about 500 feet of each 
AVMA. Future training also includes one new TAR (TAR 23), which will be 
located on the northwestern shore of SCI, within significant high-
quality boxthorn habitat that is proposed as an SCI Bell's Sparrow 
Management Area. For our analysis in this final rule, we assessed these 
additional training areas, the anticipated impacts, and the 
conservation measures the Navy will implement to ensure the viability 
of the five SCI species.

   Table 2--Summary of Proposed Military Training Areas and Their Potential Impacts to Species on San Clemente
                                                   Island, CA
----------------------------------------------------------------------------------------------------------------
                                                     Percent of
          Training area             Size (acres)       island               Use              Threat/stressor
----------------------------------------------------------------------------------------------------------------
Landing Zones....................             432             1.2  Landing and staging   Soil erosion,
                                                                    of aircraft.          trampling,
                                                                                          devegetation (habitat
                                                                                          removal), disturbance,
                                                                                          injury, or mortality
                                                                                          of individuals.
Assault Vehicle Maneuver Areas...             879             2.4  Vehicular             Soil erosion,
                                                                    maneuvering.          trampling,
                                                                                          devegetation (habitat
                                                                                          removal); disturbance,
                                                                                          injury, or mortality
                                                                                          of individuals.
Training Area and Range #23......             587             1.6  Sniper use..........  Trampling, localized
                                                                                          ground disturbance;
                                                                                          disturbance, injury,
                                                                                          or mortality of
                                                                                          individuals.
----------------------------------------------------------------------------------------------------------------


[[Page 4778]]

Land Use for Military Training

    San Clemente Bell's sparrow--SC Bell's sparrows may be adversely 
affected in habitat within and surrounding current and future training 
areas. Potential adverse effects include modification and degradation 
of habitat, as well as the disturbance, injury, or death of individual 
SC Bell's sparrows and loss of active SC Bell's sparrow nests (USFWS 
2008b, p. 174). However, because the timing, intensity, and frequency 
of training activities vary widely and SC Bell's sparrow density also 
varies, impacts associated with training in various training areas is 
very difficult to predict or measure. In addition, SC Bell's sparrow 
may tolerate an undetermined level of adjacent training-related 
disturbance. For example, monitoring of SC Bell's sparrow densities in 
habitat adjacent to two TARs within high-density SC Bell's sparrow 
habitat did not detect major changes to SC Bell's sparrow densities in 
the time period 2015-2018 (Meiman et al. 2019, pp. 9, 20-23, 38-39).
    Plants--Military training activities within training areas 
(primarily the Infantry Operations Area, TARs, and AVMAs) can entail 
the movement of vehicles and troops over the landscape and thus include 
the potential of trampling or crushing individuals or groups of plants, 
or removal of habitat. Naval gun firing, artillery firing, and air-to-
ground bombing occurs within the Impact Areas, and can result in the 
destruction of habitat, injury or mortality of individual plants, and 
fires. Where the distributions of the plant taxa overlap with training 
areas, there is potential for impacts to individuals and to habitat. 
Tables 3 and 4, below, detail the number of locations, individuals, and 
percent of population of each of the plant taxa that could occur within 
current and future training areas. Percent of populations within 
training areas range from less than 1 percent to 13 percent. However, 
all land within each training area is not used for training, and 
frequency and intensity of training vary among areas and uses, such 
that only a subset of individuals within any training area is likely to 
be affected. Additionally, some effects are minor, such as trampled 
leaves or broken branches (i.e., injury but not mortality), and 
frequency of training impacts may allow sufficient time for individuals 
and habitats to recover.

Conservation Actions To Be Implemented by the Navy

    The Navy will incorporate conservation and minimization measures 
into plans for current and future training areas to reduce potential 
for impacts, including erosion control measures for recently proposed 
AVMAs (comparable to significant erosion control measures at existing 
AVMAs), fire management measures to address recently proposed training 
areas (in an updated SCI Wildland Fire Management Plan, and SC Bell's 
sparrow minimization measures identified in the SSA, regardless of 
listing status of the five species.

  Table 3--Numbers of Locations, Watersheds, and Individuals of Plant Taxa That Occur Within Existing Military
                                   Training Areas on San Clemente Island (SCI)
                [USFWS 2022B, p. 45; USFWS 2022C, p. 52; USFWS 2022D, p. 36; USFWS 2022E, p. 37]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percent of
                     Species                         Locations      Watersheds      Individuals     population
----------------------------------------------------------------------------------------------------------------
SCI paintbrush..................................              74              19           2,089            4.34
SCI lotus.......................................               4               4              22            0.11
SCI larkspur....................................              10               4           1,847            9.74
SCI bush-mallow.................................              42               1             731              13
----------------------------------------------------------------------------------------------------------------


  Table 4--Numbers of Locations, Watersheds, and Individuals of Plant Taxa That Occur Within Potential Military
                                   Training Areas on San Clemente Island (SCI)
                [USFWS 2022B, p. 45; USFWS 2022C, p. 52; USFWS 2022D, p. 36; USFWS 2022E, p. 37]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percent of
                     Species                         Locations      Watersheds      Individuals     population
----------------------------------------------------------------------------------------------------------------
SCI paintbrush..................................               7               6              50            0.12
SCI lotus.......................................              11               1             651            3.14
SCI larkspur....................................               0               0               0               0
SCI bush-mallow.................................               0               0               0               0
----------------------------------------------------------------------------------------------------------------

    Summary--While ongoing military training activities have the 
potential to impact all five SCI species, the majority of locations and 
habitats currently occur outside intensive training areas. Within 
training areas that overlap with the species' distributions, many 
effects are expected to be infrequent, minor, or temporary. 
Additionally, the Navy is committed to protecting and managing natural 
resources on the island through revision and continued implementation 
of the SCI INRMP (Navy 2013a), which outlines measures for managing 
land and water resources on the island, including listed and sensitive 
species, and which will be revised as needed to incorporate additional 
measures to address impacts from future training. Other conservation 
plans being enacted by the Navy will also be modified as needed to 
address future impacts. Training is expected to continue within the 
revised training footprint used for this analysis, but intensity of 
training could increase in the future. Changes to training have and 
will continue to be subject to environmental review under applicable 
laws and regulations, and impacts to federally listed and sensitive 
species will be evaluated (O'Connor 2022, pers. comm.). Projects and 
changes in training areas are subject to the Navy's site approval and 
review process, which includes identifying avoidance and minimization 
measures for plant communities and sensitive species, including 
measures that are recommended in the SCI INRMP (Navy 2013a, pp. 4-23, 
4-28). Coupled with ongoing management of related threats (including 
wildland fire, soil erosion, invasive species) under the SCI INRMP and 
implementation of post-delisting monitoring, it is highly unlikely that

[[Page 4779]]

future changes in military training on SCI will impede or reverse 
advances in the recovery of these five species.

Invasive and Nonnative Species

    Along with the introduction of feral, nonnative herbivores, many 
other nonnative species have been introduced to the island. While 
nonnative, feral grazers have been completely removed from SCI, other 
nonnative species have become established and have the potential to 
negatively affect species and their habitats. These include feral cats 
(Felis catus), black rats (Rattus rattus), and many species of 
nonnative plants, especially nonnative annual grasses. Feral cats and 
black rats can prey on eggs, chicks, and adult SC Bell's sparrows. 
Nonnative plant species may alter ecological processes and habitats, 
while also directly competing with native plant species.
    Predation by black rats and feral cats--Since listing, predation on 
SC Bell's sparrow by introduced black rats and feral cats and by native 
predators has been documented (USFWS 2022a, p. 57). While total 
population sizes of feral cats and black rats on the island are unknown 
and have not been estimated, the Navy conducts management activities 
for both on the island. Nonnative wildlife management implemented 
through the INRMP focuses on control of feral cats throughout the 
island and rodent control near San Clemente loggerhead shrike (Lanius 
ludovicianus mearnsi) nest sites (Meiman et al. 2015, p. 2). This 
program, while unlikely to completely eradicate feral cats and black 
rats, affords some protection to the SC Bell's sparrow, primarily 
through cat removal. Black rats remain commonly recorded nest predators 
(Meiman et al. 2018, p. 26). Despite the persistence of and current 
inability to eradicate black rats, the SC Bell's sparrow population 
expanded over the past two decades, increasing in abundance and 
distribution.
    Nonnative plants--Contemporaneous with and likely aided by feral 
grazing animals, many invasive, nonnative plant species have become 
naturalized on SCI and are now widespread (USFWS 2022b, pp. 47-49; 
USFWS 2022c, pp. 57-58; USFWS 2022d, pp. 40-41; USFWS 2022e, p. 43). 
Nonnative plants can alter habitat structure and ecological processes 
such as fire regimes, nutrient cycling, hydrology, and energy budgets, 
and they can directly compete with native plants for water, space, 
light, and nutrients (77 FR 29078, p. 29117, May 16, 2012). In addition 
to altering habitat, potential impacts of nonnative plants on the four 
SCI plant species include precluding germination (i.e., competitive 
exclusion) and reducing or preventing pollination (e.g., by growing 
densely around plants and thereby making them less obvious or less 
accessible to pollinators). The invasion of nonnative annual grasses on 
the island may have caused the greatest structural changes to habitat, 
especially on the coastal terraces and in swales (USFWS 2007a, pp. 4-
5). Annual grasses vary in abundance with rainfall, potentially 
changing the vegetation types from shrublands to grasslands and 
increasing the fuel load in wet years and interacting with fire 
(Battlori et al. 2013, p. 1119). The effects of fire are discussed 
separately below.
    While nonnative plants, especially nonnative annual grasses, have 
the potential to adversely affect the listed plant species, nonnative 
grasses are present but not a dominant component of the plant 
communities at the majority of occurrences of the four SCI plant 
species. SCI paintbrush and SCI lotus are often associated with 
vegetation types where nonnative grasses are present but do not 
represent a dominant component of the plant community (Junak and Wilken 
1998, p. 261; Tierra Data Inc. 2005, pp. 29-42; USFWS 2007b, pp. 6-7; 
Vanderplank et al. 2019, p. 12). Surveys conducted in 2011 and 2012 
found just 4 occurrences (170 individuals) of SCI paintbrush in 
communities dominated by invasive grasses and no SCI lotus in 
communities dominated by nonnative grasses (Vanderplank et al. 2019, p. 
12). Nonnative grasses do not occur densely within canyons, where SCI 
bush-mallow occurs, and it does not appear as if grasses are expanding, 
although they have been present on the island for many decades.
    SCI larkspur occurs within grasslands that have experienced a 
proliferation of nonnative plant species, especially annual grasses. 
Surveys conducted between 2011 and 2017 found 13 of 74 locations of SCI 
larkspur in communities dominated by invasive grasses (Navy, 
unpublished data; Vanderplank et al., 2022).
    While nonnative plant species, including nonnative annual grasses, 
are extensively distributed across SCI both because of post-grazing 
colonization of weedy species in highly disturbed habitat and 
accidental introduction of new weeds through human activities, there is 
no indication they are impeding recovery. Since the removal of feral 
grazers, all vegetation communities have been recovering, and 
naturalized grasslands (the most fire-prone of nonnative vegetation 
communities) currently constitute a small proportion of the island, 
approximately 10.6 percent of the island area (Navy 2013a, p. 3.59). In 
addition, the island now has more intact habitats, reduced erosion, and 
a stronger suite of native competitor species, making the conditions 
less favorable to invasion. The Navy makes significant efforts to 
control highly invasive, nonnative perennial grasses and nonnative 
forbs to preclude their expansion into habitat areas and areas in which 
weed control would be difficult due to terrain and access challenges, 
and the Navy has monitored and controlled the expansion of highly 
invasive, nonnative plant species on an ongoing basis since the 1990s 
(O'Connor 2022, pers. comm.). Many conservation measures are included 
in the INRMP to limit the introduction and spread of nonnative plants 
(Navy 2013a, pp. 3.289-3.290). The Biosecurity Plan (Navy 2016, entire) 
will continue to effectively control the arrival of potentially 
invasive propagules. The plan contains actions recommended to avoid 
introduction of new invasive species and works to prevent and respond 
to new introductions of nonnative species and bio-invasion vectors. 
Despite the existence of nonnative plants on SCI, the four SCI plant 
species have expanded in distribution and abundance since listing (42 
FR 40682, August 11, 1977).

Erosion

    Degradation of the vegetation due to the browsing of feral goats 
and rooting of feral pigs modified the island's habitat significantly 
and resulted in increased erosion and soil loss over much of the 
island, especially on steep slopes where denuded soils could be quickly 
washed away during storm events (Johnson 1980, p. 107; Tierra Data Inc. 
2007, pp. 6-7; Navy 2013a, pp. 3.32-3.33). Since the feral animals were 
removed, much of the vegetation has recovered, and natural erosion on 
the island has decreased significantly (Navy 2013a, p. 3-33; 
Vanderplank et al. 2019, p. 15). Erosion problems currently are limited 
to localized areas, and because of topography and soil characteristics, 
the potential will always exist for localized erosion to occur at sites 
across the island. Periods of heavy rainfall can cause localized 
erosion, but these areas are difficult to predict.
    In addition to erosion caused by past land uses, current and future 
military training activities and the existing road network could lead 
to erosion that could impact species and their habitats. Erosion is a 
primary concern associated with use of the Assault Vehicle Maneuver 
Corridor (AVMC). To address this issue, the Navy is implementing the

[[Page 4780]]

San Clemente Island Erosion Control Plan (Navy 2013b, entire), which 
includes best management practices to prevent, minimize, and restore 
impacts to sensitive resources within the AVMC. Implementation of this 
plan has resulted in prioritization of low-erosion areas within the 
AVMAs for assault vehicle use and establishment of routes within the 
AVMAs to reduce loss of vegetation cover and allow for better control 
of erosion (Vanderplank et al. 2019, p. 16).
    The existing road network on SCI includes Ridge Road and 
approximately 188 linear miles of dirt and paved roadways. These roads 
can concentrate water flow, causing incised channels and erosion of 
slopes (Forman and Alexander 1998, pp. 216-217). Increased erosion near 
roads could potentially degrade habitat, especially along the steep 
canyons and ridges. On occasion after particularly heavy rainfall 
events, localized areas of high erosion stemming from roadways have 
been noted; however, regular road maintenance and repair of associated 
damage minimizes the potential for such problems to spread. The SCI 
INRMP includes a management strategy that addresses island-wide 
erosion. Implementation of the SCI INRMP as well as the Erosion Control 
Plan (Navy 2013b, entire), which include best management practices to 
prevent, minimize, and restore impacts to sensitive resources, will 
continue to prevent erosion from adversely affecting the SCI species 
and their habitats.
    Potential for erosion to affect species depends on whether the 
species and their habitats occur on soils or topography prone to 
erosion, and on their proximity to activities that can cause or 
exacerbate erosion. The SSAs used a 30-m (100-ft) buffer around roads 
as an appropriate distance over which negative impacts to habitat could 
be perceptible and should be evaluated. Previously in our analysis, we 
considered individuals that occur within 152 m (500 ft) of a paved or 
unpaved road vulnerable to habitat degradation (Forman and Alexander 
1998, p. 217; 77 FR 29078, p. 29102, May 16, 2012). However, based on 
expert opinion and observations on SCI since 2012, increased erosion 
associated with roads does not extend as far from the road network as 
previously thought (O'Connor 2022, pers. comm.). Based on these 
observations, the buffer size considered in our proposed delisting rule 
was reduced in the SSAs (Versions 1.0 and 1.1) to 30 m (100 ft) for our 
analysis in this final rule.
    SC Bell's sparrow--While habitat for SC Bell's sparrow may be 
affected by erosion, erosion is generally localized (i.e., not 
widespread and limited in size) and is unlikely to affect individuals 
of the sparrow.
    SCI paintbrush--SCI paintbrush is found mostly on non-clay soils 
that are not prone to piping (formation of underground water channels), 
and no piping or soil erosion channels have been observed in SCI 
paintbrush locations (Vanderplank et al. 2019, p. 16). Only 2 percent 
of individuals detected in the 2011 and 2012 surveys were located in 
areas mapped as clay soils (Vanderplank et al. 2019, p. 16). Along the 
eastern escarpment, SCI paintbrush is found in steep canyons in 
proximity to Ridge Road, the primary road that traverses most of the 
island from northwest to southeast. Roadside occurrences of SCI 
paintbrush may experience runoff during storm events (Navy 2008a, pp. 
G.4, G.8). Of the SCI paintbrush current distribution, 144 individuals 
in 6 watersheds are located within 30 m (100 ft) of a road or the AVMC 
(USFWS 2022e, p. 41). Island-wide, this represents 7 percent of the 
total occupied watersheds and 0.2 percent of the total individuals.
    SCI lotus--Less than 1 percent of the current population of SCI 
lotus occurs within training areas where there is an increased 
potential for erosion caused by military activities. The occurrence of 
SCI lotus in Wilson Cove is in proximity to Navy facilities where 
erosion is caused by construction of buildings and parking lots (USFWS 
2008b, p. 117). No individuals have been documented to be affected by 
erosion in this area (SERG 2015a, p. 40). Within the current 
distribution, 434 individuals in 6 watersheds are located within 30 m 
(100 ft) of a road (USFWS 2022d, p. 39). Island-wide, these amounts 
represent 2 percent of the total locations and 2 percent of the total 
individuals. Locations that could be affected by road impacts 
(including trampling, erosion, and increased invasive species) exist 
within five watersheds. Only one of these has 100 percent of their 
individuals located near a road, and all of the rest have fewer than 20 
percent of the individuals or locations in areas considered in this 
assessment to be at risk of road impacts (USFWS 2022d, p. 39).
    SCI larkspur--Less than 10 percent of the current population of SCI 
larkspur lies within training areas, and none of these plants occur in 
AVMAs, which are the training areas where potential for erosion is of 
greatest concern. Of the distribution considered current, only 1 
location comprising 70 individuals is located within 30 m (100 ft) of a 
road. Island-wide, these amounts represent 1 percent of the total 
locations and 0.3 percent of the total individuals. This location that 
could see road impacts is just one of five in the watershed, comprising 
11 percent of the total individuals in the watershed (USFWS 2022c, p. 
56).
    SCI bush-mallow--Approximately 13 percent of the current population 
of SCI bush-mallow lies within training areas, but none of these plants 
occur in AVMAs, which are the training areas with the greatest 
potential for erosion. No current locations of SCI bush-mallow occur 
within 30 m (100 ft) of a road.
    The Navy monitors and evaluates soil erosion on SCI to assess 
priorities for remediation (SERG 2006, entire; SERG 2015a, entire), and 
efforts are made through revegetation and outplanting to restore areas 
where erosion occurs (SERG 2016, p. 2). The INRMP requires that all 
projects with potential erosion impacts include soil conservation 
measures for best management practices, choosing sites that are capable 
of sustaining disturbance with minimum soil erosion, and stabilizing 
disturbed sites (Navy 2013a, pp. 3.33-3.37). In addition, the erosion 
control plan includes specific guidelines for the development and 
application of best management practices to minimize soil erosion 
within these training areas, minimize offsite impacts, and prevent soil 
erosion from adversely affecting federally listed or proposed species 
or their habitats and other sensitive resources (Navy 2013b, entire).
    Despite existing levels of soil erosion on the island, the 
distributions of all five species have increased since listing (42 FR 
40682, August 11, 1977). Current erosion issues are localized, and 
erosion is generally decreasing on the island as the vegetation 
continues to recover. Only a small percentage of individuals and 
localities of these species occur within training areas or within 
proximity to roads where activities can cause or exacerbate erosion. 
Although the erosional processes must be considered at an island-wide 
scale, impacts from erosion are not rangewide. Instead, impacts are 
localized (i.e., not widespread and limited in extent) and managed, so 
potential for loss of individuals due to erosion is limited or 
unlikely.

Fire and Fire Management

    SC Bell's sparrow--Fire can result in habitat loss and the direct 
mortality of adult SC Bell's sparrows and nestlings (Navy 2018, p. 20). 
While any fire severity can destroy nests and nestlings, infrequent 
low-severity fires are unlikely to result in type conversion that 
eliminates habitat, since shrubs

[[Page 4781]]

used as nesting and foraging habitat, if burned by a low-severity fire, 
may recover or resprout. Most fires on SCI have been classified as low 
severity, which may singe or stress shrubs but not kill or destroy them 
(USFWS 2022a, pp. 51-57). A burned area, unless experiencing a 
particularly severe fire, would likely still provide nesting substrate 
once the shrubs have recovered. Any fire can have a short-term negative 
impact on SC Bell's sparrows locally. Frequent, widespread or high-
severity fires could have a longer term negative impact depending on 
where and how they burn. A fire-return interval of 3 years or less has 
been shown to negatively impact woody shrubs on SCI (Keeley and Brennan 
2015, p. 3). For instance, a fire that burns a substantial portion of 
the boxthorn habitat or sagebrush habitat, areas with the highest 
densities of SC Bell's sparrow, could impact a substantial portion of 
the SC Bell's sparrow population. For example, the northern boxthorn 
strata support almost 35 percent of the population (USFWS 2022a, p. 
38), and a high-severity fire in this area could have a significant 
impact on the Bell's sparrow population.
    Based on current knowledge of habitat use, with the expansion of SC 
Bell's sparrows into a broader range of habitats, more of the 
subspecies' distribution is within areas we expect could be impacted by 
fire. However, the current fire patterns and severity indicate most 
fires typically start in the Impact Areas in SHOBA, away from the 
highest density areas for SC Bell's sparrow. Fires are generally of low 
severity and burn limited areas due to the application of firebreaks 
and fire suppression. To date, no fires have broken out and burned the 
high-density boxthorn habitat around TARs 10 and 17. (USFWS 2022a, p. 
50). The Navy is expected to continue implementing its SCI Wildland 
Fire Management Plan (Navy 2009), and we expect that fires will 
continue to occur in similar areas and at similar frequency and 
intensity to that observed between 2010 and 2022 and will affect a 
limited number of individuals and locations of SC Bell's sparrow.
    Plants--Fire is a natural component for regeneration and 
maintenance of many habitats; however, maritime desert scrub 
communities on SCI are not found to have been fire-dependent due to 
maritime-related humidity, limited natural ignition sources, and 
adaptations of specific indigenous plants. The history of fire on the 
island prior to 1979 is largely unknown, but fires were set 
intermittently during ranching to increase the cover of forbs and 
grasses (Navy 2009, p. 3-2; Navy 2013a, p. 3-47). After the island was 
purchased by the Navy in 1934, fire became a more common occurrence 
throughout much of the island. Since 1979, over 50 percent of the 
island has experienced at least one wildfire with smaller areas on the 
island having burned up to 10 times between 1979 and 2018 (Navy 2013a, 
p. 3-47; Navy, unpub. data).
    The number and extent of fires (acres burned) varies annually, as 
does fire severity. Currently, most fires on the island are a result of 
military training and activities. Most large fires are ignited in the 
Impact Areas, with most of the acreage burned concentrated in SHOBA 
(Navy 2013a, p. 3-45). Fire severity data (2007 to present) indicate 
that most fires are classified as low severity, with vegetation 
considered lightly burned or scorched. However, 15.6 percent of the 
acreage burned has been of a severity class that has detrimental 
effects on shrubs, considered moderately severe to completely burned. 
At low-severity levels, fires have little effect on shrubs, which 
resprout and recover easily (Navy 2009, p. 4-52). Typically, due to the 
patchy nature of fires, not all areas within a fire footprint are 
burned uniformly; that is, not all plants in a burn polygon are 
necessarily burned or burned at the same severity (SERG 2012, p. 39). 
Although fire ignition points are concentrated in the military training 
areas, fires that escape these areas could potentially spread to other 
areas of the island. However, due to vegetation and topography, fires 
have generally been confined to the same areas (Munson 2022, pers. 
comm.).
    Future increased fire frequency from intensified military use and 
expansion of training into new areas could lead to localized changes in 
vegetation. The Navy significantly expanded the number of locations 
where live fire and demolition training can take place in 2008 (USFWS 
2008b, pp. 21-37). However, while the number of acres that burn 
annually varies greatly, the frequency and extent of fire has decreased 
since the Navy began actively managing fire and implementing the 
Wildland Fire Management Plan (Navy 2009, entire; USFWS 2022a, p. 56; 
USFWS 2022b, pp. 53-54; USFWS 2022c, pp. 64-65; USFWS 2022d, pp. 45-47; 
USFWS 2022e, p. 48). The biggest fire years between the time of listing 
and now, in 1985 and 1994, burned more than twice the acreage than the 
two biggest fire years in the last 15 years (2012 and 2017), which 
occurred since implementation of the Wildland Fire Management Plan 
(Navy 2009, entire; USFWS 2022a, p. 56; USFWS 2022b, pp. 53-54; USFWS 
2022c, pp. 64-65; USFWS 2022d, pp. 45-46; USFWS 2022e, p. 48).
    Severe fires can kill shrubs and woody vegetation and alter the 
vegetation community, while frequent fires may not allow individuals 
and habitat to recover between fire events and have the potential to 
exceed a plant's capacity to sustain populations by depleting seed 
banks and reducing reproductive output (Zedler et al. 1983, pp. 811-
815). However, effects to individual species depend on the species' 
fire tolerance and on the overlap of its distribution with areas where 
fires are likely to occur.
    Fires can impact plants on SCI, but have been generally localized, 
infrequent, and of low severity, and have burned mostly in regions 
where these taxa are not documented (USFWS 2022b, pp. 52, 56; USFWS 
2022c, pp. 61, 66; USFWS 2022d, pp. 44, 50; USFWS 2022e, pp. 46, 52). 
In addition, rhizomes and seed banks can help these plants survive and 
persist post-fire. Though severe fires may kill SCI lotus, some plants 
are likely to survive and resprout after low-intensity fires (USFWS 
2022d, p. 20). Severe fires may also kill individual SCI paintbrush 
plants, however plants are likely to survive and may benefit from low-
intensity fires (USFWS 2022e, pp. 23-24). SCI larkspur does not appear 
to be significantly affected by fire, likely due to its dormant period 
coinciding with periods when fires are more likely (USFWS 2022c, pp. 
30-31). SCI bush-mallow may be tolerant of fire. Its continued presence 
in areas that have burned and documentation of resprouting and 
recovering after fires indicate it is at least somewhat tolerant of 
fires (USFWS 2022b, p. 25). All four plant species appear to have 
increased in distribution and population size under the current fire 
pattern and fire management.
    While fires have the potential to burn most places on the island, 
land use, vegetation, and historical patterns indicate that fires are 
most likely to burn in the same areas they have historically. Table 5 
indicates the number of locations of each of the plant species that 
have burned (USFWS 2022b, pp. 51-53; USFWS 2022c, pp. 61-65; USFWS 
2022d, pp. 45-49; USFWS 2022e, pp. 47-51). The majority of habitat that 
support these four plant taxa has not burned, and less than 10 percent 
of the occupied locations have burned more than once in the past 20 
years.

[[Page 4782]]



          Table 5--Numbers of Locations and Individuals of Plant Species Affected by Fire Within the Last 20 Years on San Clemente Island (SCI)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Number of        Percent of
                                                                 Total      Number of      locations        locations
                           Species                             number of    locations    burned two or    burned two or      Number of      Watersheds
                                                               locations      burned     more times in    more times in     individuals
                                                                                            20 years         20 years
--------------------------------------------------------------------------------------------------------------------------------------------------------
SCI lotus...................................................          249           26               12              4.8             855              10
SCI paintbrush..............................................          601          133               47              7.8           8,596              29
SCI larkspur................................................           74            5                0                0             458               2
SCI bush-mallow.............................................          222           68               11              5.0           2,076               4
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Given the historical patterns, most fires have burned outside 
locations where the four SCI plants species occur. Where plant 
locations have burned, most of those locations have burned infrequently 
over the last 20 years, during which period the four SCI plant species 
have increased in distribution and abundance. If fires become more 
frequent outside of the current fire footprint or more severe in the 
future, the species could be adversely affected in areas that burn. 
However, the Navy is expected to continue implementing its SCI Wildland 
Fire Management Plan (Navy 2009), and we expect that fires will 
continue to occur in similar areas and affect a limited number of 
individuals and locations of the four SCI plant species. We do not view 
fire as a threat to the listed plants, since they have expanded their 
ranges significantly with the removal of nonnative herbivores.

Climate Change

    Since listing (42 FR 40682, August 11, 1977), the potential impacts 
of ongoing, accelerated climate change have become a recognized threat 
to the flora and fauna of the United States (Intergovernmental Panel on 
Climate Change (IPCC) 2007, pp. 1-52; PRBO 2011, pp. 1-68). Climate 
change is likely to result in warmer and drier conditions with high 
overall declines in mean seasonal precipitation but with high 
variability from year to year (IPCC 2007, pp. 1-18; Cayan et al. 2012, 
p. ii; Kalansky et al. 2018, p. 10). SCI has a Mediterranean climatic 
regime with a significant maritime influence. Current models suggest 
that southern California will likely be adversely affected by global 
climate change through prolonged seasonal droughts and through rainfall 
coming at unusual periods and in different amounts (Pierce 2004, pp. 1-
33, Cayan et al. 2005, pp. 3-7, CEPA 2006, p. 33; Jennings et al. 2018, 
p. iii; Kalansky et al. 2018, p. 10); however, the Channel Islands are 
not well addressed in these models.
    Climate change models indicate an increase in average temperature 
by 2 to 3 degrees Celsius ([deg]C) (4 to 6 degrees Fahrenheit ([deg]F)) 
(Representative Concentration Pathway (RCP) 4.5) to 4 to 5 [deg]C (7 to 
9 [deg]F) (RCP 8.5) for the San Diego Area of southern California by 
the end of the century (Jennings et al. 2018, p. 9), with inland 
changes higher than the coast (Cayan et al. 2012, p. 7). By 2070, a 10 
to 37 percent decrease in annual precipitation is predicted (PRBO 2011, 
p. 40; Jennings et al. 2018, p. iii), although other models predict 
little to no change in annual precipitation (Field et al. 1999, pp. 8-
9; Cayan et al. 2008, p. 26). SCI typically receives less rainfall than 
neighboring mainland areas (Tierra Data Inc. 2005, p. 4). However, 
predictions of short-term and long-term climatic conditions for the 
Channel Islands remain uncertain, and it is currently unknown if the 
same climate predictions for coastal California (a warmer trend with 
localized drying, higher precipitation events, and/or more frequent El 
Ni[ntilde]o or La Ni[ntilde]a events) equally apply to the Channel 
Islands (Pierce 2004, p. 31).
    Low-level temperature inversions are common along the California 
coast and Channel Islands, and these inversions form low cloud cover 
(fog), otherwise known as the marine layer, which has a strong 
influence on coastal ecosystems and SCI (Navy 2013a, pp. 3.13, 3.26). 
Although the island has a short rainy season, the presence of fog 
during the summer months helps to reduce drought stress for many plant 
species through shading and fog drip, and many species are restricted 
to this fog belt (Halvorson et al. 1988, p. 111; Fischer et al. 2009, 
p. 783). Thus, fog could help buffer species from effects of climatic 
change. However, coastal fog has been decreasing in southern California 
in recent decades, possibly due to urbanization (which would not affect 
SCI) or climate change (Williams et al. 2015, p. 1527; Johnstone and 
Dawson 2010, p. 4537; LaDochy and Witiw 2012, p. 1157). Coastal cloud 
cover and fog are poorly addressed in climate change models (Qu et al. 
2014, pp. 2603-2605).
    Warming projections in California, particularly the possibility 
that the interior will experience greater warming than the coast (Cayan 
et al. 2012, p. 7), suggest that the fate of coastal fog is uncertain 
(Field et al. 1999, pp. 21-22; Lebassi-Habtezion et al. 2011, pp. 8-
11). One study found an increasing trend in the strength of low-level 
temperature inversions, which suggests that the marine layer is likely 
to persist and may even increase (Iacobellis et al. 2010, p. 129). 
Recent work examining projected changes in solar radiation and cloud 
albedo (portion of solar radiation reflected back to space by clouds) 
show projected increases in cloud albedo during the dry season (July-
September) and decreases during the wet season (November and December, 
and March and April) (Clemesha 2020, entire). Such a scenario could 
moderate the effects of climate change on the Channel Islands and would 
be expected to reduce its potential threat to island plants, especially 
on the western shore's lower terraces, where the marine layer is 
common. Dry season low clouds and fog are particularly important to 
plant growth, survival, and population dynamics in arid systems through 
both a reduction in evapotranspiration demand and potentially water 
deposition (Corbin et al. 2005, p. 511; Johnstone and Dawson 2010, p. 
4533; Oladi et al. 2017, p. 94).
    Current trends based on meteorological information suggest climate 
change is already affecting southern California through sea level rise, 
warming, and extreme events like large storms associated with El 
Ni[ntilde]o events (Sievanen et al. 2018, p. 7). Climate projections 
suggest more severe droughts or extended dry periods on coastal 
California via lessened low stratus cloud regime and hydrologic effects 
of reduced fog delivery (Fischer et al. 2009, pp. 783-799; Sievanen et 
al. 2018, p. 7). While long-term effects of climate change are 
typically projected to have major effects in the latter half of

[[Page 4783]]

this century (Cayan et al. 2012, p. 24; Clemesha 2020, entire; Kalansky 
et al. 2018, pp. 19-21), there is increasing uncertainty with longer 
timeframes. Although climate change is affecting coastal and inland 
habitat in the United States (Karl et al. 2009, pp. 13-152), the site-
specific effects of climate change on SCI are uncertain. We, therefore, 
focused on a 20- to 30-year window to evaluate changes in climate 
(precipitation and temperature) in the species status assessments for 
these five taxa.
    During this time period, we do not expect major effects of climate 
change. Models indicate an increase in average temperature by 1 to 2 
degrees Celsius ([deg]C) (2 to 3 degrees Fahrenheit ([deg]F)) (RCP 4.5) 
to 2 to 3 [deg]C (3 to 4 [deg]F) (RCP 8.5) by 2040 for the San Diego 
Area of southern California (Jennings et al. 2018, p. 15), with inland 
changes higher than the coast (Cayan et al. 2012, p. 7). However, in 
the 20- to 30-year window, climate change may result in more frequent 
or severe fires, heavy periods of rainfall that could lead to major 
erosion events, or periods of drought (Kalansky et al. 2018, p. 10). As 
discussed in the species status assessments, predicting impacts due to 
climate change are further complicated by uncertainty regarding the 
timing of increased or decreased rainfall; wetter conditions in the 
winter and early spring can lead to more growth early in the season, 
which can provide more fuel for fire later. However, wetter summers and 
falls can prevent the fuel from drying out enough to burn (Lawson 2019, 
pers. comm.). Therefore, making predictions about future fire patterns 
as affected by climate change is difficult.
    Less rainfall and warmer air temperatures could limit the range of 
plant species and affect habitat and prey or forage for SC Bell's 
sparrow, although there is no direct research on the effects of climate 
change on any of the species. While SC Bell's sparrow's reproductive 
success is influenced by rainfall and could be affected by longer term 
changes in climate, the relationship between reproductive output and 
rainfall and the impacts of droughts of varying duration and severity 
on the population are unclear, and the mechanisms driving these 
relationships are unknown (USFWS 2022a, pp. 58-63). Changes in 
temperature or rainfall patterns have the potential to affect biotic 
interactions, such as decoupling the timing of plant phenology versus 
insect activity. The likely persistence of the marine layer would be 
expected to help moderate the effects of climate change on the Channel 
Islands and would be expected to reduce its potential effects to island 
plants, including nesting and cover substrates for SC Bell's sparrows.
    While we recognize that climate change is an important issue with 
potential effects to listed species and their habitats, information is 
not available to make accurate predictions regarding its long-term 
effects to the SCI species addressed in this final rule. However, given 
the current information available in climate change studies, climate 
change is unlikely to have major impacts on the SCI species in the next 
20 to 30 years, the period for which we are able to make reliable 
predictions based on the available climate change data and the period 
under consideration in this determination.

Reduced Genetic Diversity

    Genetic analysis suggests that SCI bush-mallow has very low genetic 
variation at both the species and population levels (Helenurm 1997, p. 
50; Helenurm 1999, p. 39) and has been observed to have low seed 
production (Helenurm 1997, p. 50; Junak and Wilken 1998, p. 291; 
Helenurm 1999, p. 39). Low seed production, in combination with low 
genetic diversity, can contribute to observed low recruitment in 
populations (Huenneke 1991, pp. 37-40; Junak and Wilken 1998, p. 291; 
Helenurm 1999, pp. 39-40). A reduction in occurrence size through years 
of grazing may have substantially lowered genetic variation (Helenurm 
2005, p. 1221), which could decrease genetic fitness and compromise the 
species' ability to adjust to novel or fluctuating environments, 
survive disease or other pathogens, survive stochastic events, or 
maintain high levels of reproductive performance (Huenneke 1991, p. 
40). However, data on the genetic variation that existed historically 
are lacking.
    In recent years, the detected numbers of SCI bush-mallow have 
increased in abundance, although it is unknown how much of this growth 
can be attributed to clonal growth versus sexual reproduction and new 
genets. Successful seed collection in 2013 (SERG 2013, pp. 61-64) and 
the observation of cotyledons in the field provide anecdotal evidence 
that the species may be reproducing more often by sexual recombination. 
As the number of individuals (stems) increases, we would expect by 
probability alone more genetically distinct individuals over time 
because as the numbers of stems increase, the probability of cross-
pollination is increased (Rebman 2019, pers. comm.). However, we do not 
know whether and how often new genets are produced in the population.
    Patches of SCI bush-mallow on SCI contain many clones of 
individuals but also contain distinct genetic individuals, and there is 
at least some increase in distribution through seedling recruitment 
(Munson 2022, pers. comm.). However, it is still likely that many 
patches, especially the small or more isolated ones, comprise only 
closely related individuals that share alleles, impeding the likelihood 
of successful sexual reproduction (Helenurm 1999, pp. 39-40). The 
apparent historical loss of genetic diversity resulting in current low 
genetic variation is a potential threat for which there is no immediate 
solution or amelioration. However, currently, low genetic diversity 
does not seem to preclude the ability of the species to sustain 
populations over time on the island; historical diversity is unknown, 
and it may have always been low for this species. This species has 
increased in numbers and distribution from that known at the time of 
listing (42 FR 40682, August 11, 1977) and has sustained populations 
through current levels of habitat disturbance, and we expect that 
genetic variants within and among patches are increasing, however 
slowly.

Conservation Actions and Regulatory Mechanisms

    Pursuant to the Sikes Act (16 U.S.C. 670 et seq.), as amended, the 
Navy manages land and water resources on the island under the SCI INRMP 
(Navy 2013a). The goal of the INRMP is to maintain long-term ecosystem 
health and minimize impacts to natural resources consistent with the 
operational requirements of the Navy's training and testing mission 
(Navy 2013a, p. 1-9). Specifically, the INRMP identifies key components 
that: (1) Facilitate sustainable military readiness and foreclose no 
options for future requirements of the Pacific Fleet; (2) protect, 
maintain, and restore priority native species to reach self-sustaining 
levels through improved conditions of terrestrial, coastal, and 
nearshore ecosystems; (3) promote ecosystem sustainability against 
testing and training impacts; and (4) maintain the full suite of native 
species, emphasizing endemic species.
    The SCI INRMP outlines appropriate management actions necessary to 
conserve and enhance land and water resources, including invasive 
species control island-wide and, therefore, near listed and sensitive 
species; biosecurity protocols; public outreach to promote compliance; 
restoration of sites that support sensitive plants; and habitat 
enhancement for sensitive and listed

[[Page 4784]]

species. In addition, the Fire Management Plan (Navy 2009) outlines a 
strategy to reduce the impacts from fires, including fuel break 
installation to minimize fire spread and fire suppression inside and 
outside of SHOBA to protect endangered, threatened, and other priority 
species (Navy 2013a, p. 3.45; Vanderplank et al. 2019, pp. 15, 18-19; 
Munson 2022, pers. comm.). The INRMP outlines management strategies for 
plant communities and sensitive species, including recommended 
avoidance and minimization measures that the Navy may consider during 
the site approval and project review process (Navy 2013a, pp. 4-23, 4-
28).
    The SCI INRMP also provides the mechanism for compliance with other 
Federal laws and regulations such as the Federal Noxious Weed Act of 
Act of 1974 (7 U.S.C. 2801), the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601), the Resources 
Conservation and Recovery Act (42 U.S.C. 6901), and the Soil 
Conservation Act (16 U.S.C. 3B). Based on the ongoing obligation the 
Navy has to implement the INRMP, the Navy's commitment to modify the 
INRMP to address changing land and water resource management needs, 
including future training activities, and the Navy's commitment to 
develop and implement a conservation agreement specific to these five 
species, we expect the INRMP and other conservation measures to remain 
in effect and afford protection to these five species regardless of 
their listing status. Measures specific to species or threats that are 
the subject of this final rule are discussed below.
    Migratory birds--The INRMP outlines steps to ensure compliance with 
Executive Order (E.O.) 13186 (``Responsibilities of Federal Agencies to 
Protect Migratory Birds''; see 66 FR 3853, January 17, 2001) and the 
2014 memorandum of understanding (MOU) between the Department of 
Defense (DoD) and the Service to promote the conservation of migratory 
birds, which stipulates responsibilities for DoD. The MOU outlines a 
collaborative approach to promote the conservation of bird populations, 
and the INRMP is required to address migratory bird conservation 
regardless of status under the Act. As part of the program outlined 
under the INRMP, the Navy supports the SC Bell's sparrow population 
monitoring program. Population monitoring provides a robust population 
estimate and facilitates planning to avoid and minimize impacts of Navy 
training and infrastructure projects.
    Erosion--The Navy monitors and evaluates soil erosion on SCI and 
uses multiyear data to assess priorities for remediation (SERG 2006, 
entire; SERG 2015a, entire). The INRMP includes a management objective 
to ``Conserve soil resources, especially erodible soils near the heads 
of canyons, knickpoints of gullies, and areas threatening the 
uninterrupted continuation of the military mission or special status 
species, to provide drainage stability, native vegetation cover, and 
soil water holding capacity and protect site productivity, native plant 
cover, receiving waters, and access for the military mission'' (Navy 
2013a, p. 3-35). Efforts are made to restore areas where erosion 
occurs, through revegetation efforts and the installation of erosion 
control materials (SERG 2016, p. 2). The Navy incorporates erosion 
control measures into all site feasibility studies and project design 
to minimize the potential to exacerbate existing erosion and avoid 
impacts to listed species. The INRMP requires that all projects include 
erosion control work (Navy 2013a, p. 3-33). These conservation actions 
include best management practices, choosing sites that are capable of 
sustaining disturbance with minimum soil erosion, and stabilizing 
disturbed sites (Navy 2013a, pp. 3.33-3.37).
    Nonnative species--The Navy has monitored and controlled the 
expansion of highly invasive, nonnative plant species on an ongoing 
basis since the 1990s (O'Connor 2022, pers. comm.), and primary target 
species have included Brassica tournefortii (Saharan mustard), B. nigra 
(black mustard), Foeniculum vulgare (fennel), Asphodelus fistulosus 
(aspohodel), Stipa miliacea (smilo grass), Ehrharta calycina (African 
veldt grass), Plantago coronopus (buckhorn plantain), Tragopogon 
porrifolius (salsify), and Carpobrotus edulis (iceplant); additional 
priority species may also be controlled as they are located (e.g., SERG 
2016, pp. 45-46). In general, the Navy treats more than 100,000 
individuals of these various species annually. Control of these 
invasive plants benefits the ecosystem on SCI by reducing their 
distribution and minimizing the potential that they will invade habitat 
occupied by listed and at-risk taxa. Because invasive species 
introductions are more likely to occur along roadsides and because 
roads function as corridors for the spread of invasive species 
propagules, much of the invasive species treatment on the island 
focuses on roadsides; however, other areas highly susceptible to 
invasive species introductions (such as graded areas, soil stockpiles, 
and mowed areas) also are focal areas for control. High-priority 
invasive plants are treated at locations across the island. This 
control strategy has minimized the need to treat invasive plant species 
within areas occupied by federally listed plants.
    While many conservation measures to limit the introduction and 
spread of nonnative plants are included in the INRMP (Navy 2013a, pp. 
3.289-3.290), the Biosecurity Plan (Navy 2016, entire) will help more 
effectively control the arrival of potentially invasive propagules. The 
plan works to prevent and respond to new introductions of nonnative 
species and bio-invasion vectors. The Navy is currently working on an 
instruction that will contain feasible, enforceable measures from the 
plan. Through implementation of this plan and the ongoing island-wide 
nonnative plant control program, potential impacts from nonnative 
plants are expected to be minimized (O'Connor 2022, pers. comm.; Munson 
2022, pers. comm.)
    Nonnative predators--The current nonnative wildlife program focuses 
on island-wide nonnative predator management, which was initiated by 
the Navy in 1992 (USFWS 2008b, p. 172). Complete eradication of feral 
cats, black rats, and house mice on SCI is currently infeasible. 
Nonnative wildlife management is part of the San Clemente loggerhead 
shrike recovery program and focuses on control of feral cats throughout 
the island and rodent control near San Clemente loggerhead shrike nest 
sites (Meiman et al. 2015, p. 2). This program affords some protection 
to the SC Bell's sparrow, primarily through cat removal, and will 
likely continue as part of the ongoing San Clemente loggerhead shrike 
recovery program regardless of the listing status of the SC Bell's 
sparrow. The Navy has removed numerous cats, on average 211 annually 
(2001-2016; Burlingame et al. 2018, p. 29).
    Fire--The Navy implements the SCI Wildland Fire Management Plan 
(Navy 2009, entire), which is focused on fire prevention, fuels 
management, and fire suppression. Implementation of the fire management 
plan provides planning guidelines to reduce the potential for ignitions 
during the drier times of the year, ensures that adequate fire 
suppression resources are present to protect resources, and provides 
flexibility for the timing of military training and to ensure that 
adequate fire suppression resources are present with an increased level 
of training activities (Navy 2009, entire). These measures minimize the 
frequency and spread of fires that could result in impacts to

[[Page 4785]]

habitat and to individuals of the five species. The Navy will continue 
to modify this plan to address future training impacts and has 
committed to make these modifications in accordance with the associated 
conservation needs of the five SCI species.
    SC Bell's sparrow--Current and ongoing conservation measures 
described above minimize impacts of threats to SC Bell's sparrow. 
Additionally, the SCI INRMP is currently being updated to include 
prioritization of conservation and management within four core SC 
Bell's sparrow habitat areas (approximately 2,604 ha; Booker 2022, 
pers. comm.). These areas were selected to ensure representation (e.g., 
multiple plant communities) and redundancy (e.g., multiple areas). They 
include high-density SC Bell's sparrow habitat, assumed source 
populations, refugia spread geographically, and areas of elevation and 
topographic importance to SC Bell's sparrow. The intent of priority 
conservation areas is to facilitate future planning in a manner that 
avoids impacts to important SC Bell's sparrow habitat, and to protect 
the population against stochastic and catastrophic events (USFWS 2022a, 
p. 66).
    Final delineation of areas and management strategies will be 
identified in the SC Bell's sparrow management plan, which is currently 
in development. With the identification of core habitat areas in the 
INRMP, and management of these areas consistent with the management 
plan, the Navy will: (1) Preclude significant development within these 
areas, to the extent feasible; (2) prioritize these four areas for 
protection under fire management plans; and (3) prioritize these four 
areas for invasive species control, as needed (USFWS 2022a, p. 66) to 
help manage for the SC Bell's sparrow. While we expect that 
incorporation of SC Bell's sparrow core habitat areas into the INRMP 
will improve coordination of conservation measures for the SC Bell's 
sparrow, the Navy's current and ongoing management described above 
minimizes the impacts of threats to SC Bell's sparrow and its habitat 
under current training regimes. Because of the legal obligation to 
implement the INRMP under the Sikes Act, the Navy will modify the INRMP 
and will develop and implement additional conservation measures as 
needed to address future impacts to SC Bell's sparrow due to erosion 
and fire. The SC Bell's sparrow management plan will highlight 
important management areas to conserve and monitor to ensure the 
continued conservation of this taxon in the future.
    Summary of conservation actions and regulatory mechanisms--The 
Sikes Act requires DoD installations to prepare and implement INRMPs 
that provide for the conservation and rehabilitation of natural 
resources, including non-listed species. Consequently, due to this 
requirement, the conservation actions outlined in the INRMP are 
expected to continue, regardless of the listing status of the five 
species. While changes to military training and training footprints are 
projected in the future, the Navy will implement conservation measures 
to address resulting impacts in order to meet the goals of the INRMP. 
Additionally, changes to training have and will be subject to 
environmental review under applicable laws and regulations, including 
the National Environmental Policy Act and the Navy's site approval and 
review process, which includes identifying avoidance and minimization 
measures for plant communities and sensitive species, including 
measures recommended in the SCI INRMP (Navy 2013a, pp. 4-23, 4-28). If 
these five species are delisted, they would continue to be considered 
sensitive species and any impacts would be evaluated through these 
processes (O'Connor 2022, pers. comm.). Furthermore, the Navy is 
``committed to continuing that partnership as our agencies implement 
the post-delisting monitoring plan and work to complete the SCI INRMP 
revision and the anticipated conservation agreement'' (Golumbfskie-
Jones 2022, in litt, p. 2).

Summary of Factors Influencing Viability

    At the time of listing (42 FR 40682, August 11, 1977), the biggest 
threat to the SCI species was habitat destruction and modification due 
to feral grazers. Since the removal of the last feral herbivores, 
vegetation is recovering, and habitat conditions have improved 
substantially. Currently, all five species are now more widely 
distributed on the island with greater estimated numbers of individuals 
than were previously known.
    SC Bell's Sparrow--We assessed remaining threats to SC Bell's 
sparrow individuals and habitat, including predation, drought, climate 
change, military training, and fire. Ongoing predator control programs 
are implemented to control nonnative predator species on the island, 
and the population of SC Bell's sparrow has grown despite ongoing 
impacts. Drought could potentially affect SC Bell's sparrow, as reduced 
nesting success has been reported in drier years, especially if 
droughts become more frequent or severe. While the effects of drought 
on productivity of the island-wide population are not fully understood, 
and additional data are needed to clarify this relationship, the 
population has rebounded quickly from past droughts and is expected to 
retain its ability to do so in the future. Likewise, climate change may 
influence or affect vegetation and thus nesting and foraging habitat 
(USFWS 2022a, p. 63). The magnitude of this rangewide threat and how it 
may affect the SC Bell's sparrow are unknown at this time, but 
significant impacts from climate change are unlikely to occur in the 
next 20 to 30 years (USFWS 2022a, pp. 63-64).
    Training within the current footprint that could have high-
intensity impacts occurs on less than 20 percent of the island, and 
those areas that are intensively used are currently either unoccupied 
or already support low densities of SC Bell's sparrows. The largest 
potential known threat to the SC Bell's sparrow is fire. The Navy 
actively implements fire prevention and containment measures as part of 
the fire management plan. Thus, although fire currently impacts SC 
Bell's sparrows and their habitat, current fire patterns do not appear 
to pose a threat to SC Bell's sparrow population viability.
    Plants--For the plant species, we assessed threats to individuals 
and habitat including land use, erosion, the spread of nonnatives, fire 
and fire management, and climate change. While full impacts of invasive 
species on the four plant species are unknown, the effects are likely 
minimal or localized, given the expansion of the species on the island 
despite the presence of invasive species. Climate change may influence 
the plant species by affecting germination or viability of adult plants 
if drought or increasing temperatures result in significant changes in 
vegetation communities on SCI. The magnitude of this rangewide threat 
and how it may affect the plant taxa is unknown at this time, but 
significant impacts from climate change are unlikely to occur in the 
next 20 to 30 years (USFWS 2022b, p. 57; USFWS 2022c, pp. 66-67; USFWS 
2022d, p. 51; USFWS 2022e, p. 53).
    For all four plant species, we considered major threats to be 
impacts of military training and fire. For SCI paintbrush, SCI lotus, 
and SCI larkspur, we also considered erosion resulting from training or 
proximity to roads to be a major threat. Less than 1 percent of the 
current population of SCI lotus occurs within training areas where 
there is an increased potential for erosion caused

[[Page 4786]]

by military activities. Approximately 13 percent of the current 
population of SCI bush-mallow lies within training areas, but none of 
these plants are in AVMAs that are the training areas with the greatest 
potential for erosion. Less than 1 percent of the current population of 
SCI lotus occurs within training areas where there is an increased 
potential for erosion caused by military activities. Finally, of the 
SCI paintbrush current distribution, 144 individuals in 6 watersheds 
are located within 30 m (100 ft) of a road or the AVMC.
    To determine the status of the plant species in current training 
footprints, we ranked the levels of these threats in each watershed to 
evaluate the extent to which the species are exposed to and potentially 
affected by these threats (USFWS 2022b, pp. 59-60; USFWS 2022c, pp. 69-
70; USFWS 2022d, pp. 54-55; USFWS 2022e, pp. 56-57). Level of threats 
were categorized as none, low, or moderate. A low level of threats is 
defined as threats that could potentially affect less than 50 percent 
of the locations, individuals, or area within the watershed. A moderate 
level of threat is defined as threats that could potentially affect 50 
percent or more of the locations, individuals, or area within the 
watershed. Table 6, below, indicates the percentages and numbers of 
watersheds, and the estimated individuals in those watersheds that were 
categorized as having no identified or low threats, or moderate 
threats. Most watersheds where plant taxa occur are in areas with no or 
low exposure to threats affecting less than half of the locations, 
individuals, or area occupied.

 Table 6--Percentages and Numbers of Watersheds and Individual Plants Assessed To Have Varying Levels of Threats
                                          on San Clemente Island (SCI)
        [USFWS 2022B, pp. 59-60; USFWS 2022C, pp. 69-70; USFWS 2022D, pp. 54-55; USFWS 2022E, pp. 56-57]
----------------------------------------------------------------------------------------------------------------
                                 No or low threats    No or low threats    Moderate threats    Moderate threats
            Species               in watersheds [%    to individuals [%    in watersheds [%    to individuals [%
                                        (n)]                 (n)]                (n)]                (n)]
----------------------------------------------------------------------------------------------------------------
SCI lotus.....................              78 (45)          90 (18,640)             22 (13)          10 (2,013)
SCI paintbrush................              75 (65)          85 (35,702)             25 (22)          15 (6,402)
SCI larkspur..................             100 (22)         100 (18,956)               0 (0)               0 (0)
SCI bush-mallow...............              73 (11)           60 (3,345)              27 (4)          40 (2,266)
----------------------------------------------------------------------------------------------------------------

Species Condition

    Here, we discuss the current condition of each species, taking into 
account the risks that are currently occurring to those populations, as 
well as management actions that are currently occurring to address 
those risks.
    SC Bell's sparrow--The population as of 2018 was estimated at 2,676 
territories (5,284 individuals) island-wide. Overall, the population of 
SC Bell's sparrows on SCI has increased since listing and between 2013 
and 2018 has withstood current stochastic effects. Given these trends 
and the relatively large population size, we consider this population 
currently to be highly resilient to stochastic factors. While we 
consider SC Bell's sparrow to consist of a single population, its 
distribution across the island and ability to use a range of elevations 
and habitats indicate the species' adaptability and that it is unlikely 
that the entire population of the species would be affected by a single 
catastrophic event.
    Plants--In our evaluation of current conditions, for each plant 
species and watershed, we developed and assigned condition categories. 
To assess the resiliency of plant species, we assessed the overall 
condition of the population by evaluating occupancy, locations, and 
individuals within each watershed. We categorized our assessed 
resiliency scores by watershed based on number of individuals: ``very 
high'' means populations with 500 or more individuals; ``high'' means 
populations with 100-499 individuals; ``moderate'' means populations 
with 10-99 individuals; and ``low'' means populations with fewer than 
10 individuals. We also examined population trends, which indicate the 
ability of the species to withstand and recover from stochastic events.
    Resiliency was considered higher within watersheds supporting a 
greater number of individuals over time; however, if all of the 
individuals within a watershed were in just one location, we assumed 
that they are less resilient than a watershed with the same number of 
individuals that are spread out across multiple locations, as plants 
will be more likely to sustain populations through stochastic events if 
one localized event is unable to affect all the plants in the entire 
watershed.
    Because few comprehensive surveys have been conducted for plant 
species on SCI, data from 2011 and 2012, which represent the most 
recent comprehensive surveys, were supplemented with prior and 
subsequent data, following a rule set to exclude and buffer data that 
might result in double counting, and to exclude occurrence data more 
than 15 years old. Because of a lack of pre- and post-fire surveys, 
numbers of individuals of SCI lotus and SCI paintbrush (the two species 
most likely to be negatively affected by severe fires) in watersheds 
that burned were adjusted to assume some mortality from two severe 
fires in the last 15 years (USFWS 2022d, pp. 56-57; USFWS 2022e, pp. 
58-60). Adjusted numbers of locations and individuals were then used to 
categorize resiliency in each watershed as low, moderate, high, or very 
high (table 7).

      Table 7--San Clemente Island (SCI) Watersheds With Plant Species Having High or Very High Resilience
----------------------------------------------------------------------------------------------------------------
                                                                Number of watersheds     Percent of individuals
                                                               with ``very high'' and   that occur in watersheds
                           Species                               ``high'' resilience    rated with ``very high''
                                                                (occupied watersheds)    and ``high'' resilience
----------------------------------------------------------------------------------------------------------------
SCI paintbrush..............................................                   48 (87)                        96
SCI lotus...................................................                   22 (57)                        92
SCI larkspur................................................                   14 (22)                        93

[[Page 4787]]

 
SCI bush-mallow.............................................                    9 (15)                        96
----------------------------------------------------------------------------------------------------------------

    Most individuals of each of the plant species occur in watersheds 
with high or very high resilience, which suggests that most watersheds 
are likely to be able to withstand stochastic events. While all four 
plant species are considered to consist of one population, their 
distributions across multiple watersheds with a variety of habitat 
types, elevations, and slopes also make it unlikely that the entire 
population of any of the species would be affected by a catastrophic 
event. Genetic variation in SCI bush-mallow is low for an island 
endemic, which, coupled with its clonal nature, could potentially make 
the species less able to adapt to changing environmental conditions. 
However, low genetic diversity does not seem to be precluding the 
species from sustaining itself on the island.

Future Conditions

    To assess current threats and future conditions, we evaluated the 
proportion of each population exposed to anthropogenic stressors under 
baseline conditions and considered different future scenarios for 
impacts of military training and fire: status quo (baseline impacts), 
and moderate or high increases in fire severity and training within the 
existing frequent fire and training footprint. We also considered these 
scenarios assuming moderate and low recruitment for the plant species, 
and high and low densities for SC Bell's sparrow. While specific 
effects of climate change are uncertain and were not modeled, increases 
in fire severity, which could result from either increased training or 
from effects of climate change, and low recruitment/density serve as 
proxies for potential effects. We used a 20- to 30-year timeframe for 
modeling future conditions because, beyond this timeframe, the impacts 
of climate change on SCI, specifically the persistence of the fog belt 
and the timing and patterns of fog and rainfall, are uncertain, making 
predictions unreliable.
    SC Bell's sparrow--We modeled the future condition of SC Bell's 
sparrow over a 20- to 30-year timeframe given two different scenarios 
of future impacts from military training and fire, the two most 
significant current and future threats. Using both a low- and high-
density estimate (calculated by manipulating the lowest and highest 
density estimates for each habitat stratum measured between 2013 and 
2018 by one standard error), we calculated the estimated number of 
territories for each stratum under two potential future scenarios: (1) 
a ``status quo'' scenario in which conditions remain similar to those 
observed between 2013 and 2018 (i.e., no changes in training intensity, 
or fire pattern or frequency), and (2) an ``increased impacts'' 
scenario in which increased impacts from training and fire 
significantly reduce the suitability of habitat within existing 
training areas and frequent fire footprints. For the second scenario, 
we consider that the area within the training and frequent fire 
footprints would no longer be suitable as habitat, and we report the 
number of SC Bell's sparrows that we estimated would be supported 
outside the training and frequent fire areas. This calculation provided 
an estimate of the minimum number of territories that could be 
supported outside of projected fires and training area impacts within 
each stratum. We summed the territories in each stratum for an island-
wide estimate, giving a range from low to high densities (table 8).

    Table 8--Numbers of Territories and Adults of SC Bell's Sparrow Under Recent and Future Scenarios on San
                                                 Clemente Island
----------------------------------------------------------------------------------------------------------------
                                                                      Future projections  (20 to 30 years)
                                                               -------------------------------------------------
               SC Bell's sparrow                   Data from    ``Status quo'': No further    Increased impacts
                                                   2013-2018       impacts to the current   that will result  in
                                                                     amount of habitat         minimal habitat
----------------------------------------------------------------------------------------------------------------
Territories...................................     1,494-3,859                 1,449-4,650           1,042-3,226
Adult birds...................................     2,988-7,718                 2,899-9,300           1,932-6,154
----------------------------------------------------------------------------------------------------------------

    Training within the current footprint that could have high-
intensity impacts occurs on less than 20 percent of the island, and 
those areas that are intensively used are currently either unoccupied 
or already support low densities of SC Bell's sparrows. Our analysis 
demonstrates that, with current and future training, an estimated 966 
to 3,077 (USFWS 2022a) SC Bell's sparrow territories would likely 
persist outside the highly used training areas on SCI. The largest 
potential known threat to the SC Bell's sparrow is fire. The Navy 
actively implements fire prevention and containment measures as part of 
the fire management plan. Thus, although fire currently impacts SC 
Bell's sparrows and their habitat, based on current fire patterns and 
the fire conservation measures the Navy will continue to implement in 
the future as part of their fire management plan, we have determined 
that future fire does not appear to pose a threat to SC Bell's sparrow 
population viability.
    Plants--As recovery of plant communities on SCI continues, the 
number of individuals within watersheds and number of occupied 
watersheds are expected to continue to increase. While existing data 
indicate that numbers and distribution of the plant species are greater 
than in the past, the rates at which groups of plants expand over time 
are unknown. Therefore, we modeled recruitment at moderate and low 
levels for SCI paintbrush and SCI lotus. Because SCI

[[Page 4788]]

bush-mallow currently appears to be reproducing primarily clonally 
rather than through sexual reproduction and exhibits low seed 
production, we modeled low and no recruitment to account for this 
condition. Because of SCI larkspur's long dormancy periods, we do not 
know how many individuals are present at any point in time and did not 
include recruitment in the modeling to avoid overestimating growth 
(i.e., apparent changes in abundance or distribution could be accounted 
for by individuals breaking dormancy rather than through recruitment of 
new individuals). As noted above under Species Condition, for purposes 
of modeling current and future conditions, the current baseline numbers 
of individuals of SCI lotus and SCI paintbrush (the two species most 
likely to be negatively affected by severe fires) were adjusted to 
assume some mortality from two severe fires in the last 15 years (USFWS 
2022d, pp. 56-57; USFWS 2022e, pp. 58-60), so numbers presented here 
differ slightly from estimated current distribution and abundance.
    To model fire severity, which could result from increased training 
or effects of climate change, we used the frequent fire footprint 
(burned two or more times) from the past 20 years to project where 
future fires are likely to occur. To model increases in fire severity, 
we assumed greater numbers of individuals would be affected by fire and 
removed from the population. Because SCI larkspur does not appear to be 
significantly affected by fire, likely due to its dormant period 
coinciding with periods when fires are more likely, we only included 
increased training in our modeling of future conditions for that plant.
    To model effects of land use and training, we used the current and 
expected future footprints of training areas. Using the percent of 
individuals that occur either within a training area or near a road, we 
calculated the total number of individuals that could be affected by 
increased training in that watershed. We assumed an increasing number 
of locations and individuals would be affected by increased training 
intensity. The results are presented below in table 9.

   Table 9--Watersheds on San Clemente Island (SCI) of Plant Species With High and Very High Resilience Under
                                          Current and Future Scenarios
----------------------------------------------------------------------------------------------------------------
                                            Number of          Estimated number of
                                         watersheds with    occupied watersheds (with  Estimated population size
                                        high or very high        low and moderate      (ranges represent low and
                                            resilience             recruitment)          moderate recruitment)
----------------------------------------------------------------------------------------------------------------
                                                 SCI paintbrush
----------------------------------------------------------------------------------------------------------------
Current data.........................                   48                         87                     42,104
Future scenario: Status quo..........                   48                 87 (92-97)              43,489-51,773
Future scenario: Increased fire/                        42                 85 (90-95)              40,433-48,119
 training............................
Future scenario: Extreme fire/                          41                 81 (86-91)              38,087-45,326
 training............................
----------------------------------------------------------------------------------------------------------------
                                                    SCI lotus
----------------------------------------------------------------------------------------------------------------
Current data.........................                   22                         57                     20,743
Future scenario: Status quo..........                   23                 57 (62-67)              21,595-25,708
Future scenario: Increased fire/                        21                 57 (62-67)              20,628-24,128
 training............................
Future scenario: Extreme fire/                          19                 57 (62-67)              18,987-22,603
 training............................
----------------------------------------------------------------------------------------------------------------
                                                  SCI larkspur
----------------------------------------------------------------------------------------------------------------
Current data.........................                   14                         22                     18,956
Future scenario: Status quo..........                   14                         22                     18,956
Future scenario: Increased fire/                        14                         22                     18,900
 training............................
Future scenario: Extreme fire/                          14                         22                     18,844
 training............................
----------------------------------------------------------------------------------------------------------------
                                                 SCI bush-mallow
----------------------------------------------------------------------------------------------------------------
Current data.........................                    9                         15                      5,611
Future scenario: Status quo..........                    9                         15                5,611-5,892
Future scenario: Increased fire/                         9                         15                5,200-5,461
 training............................
Future scenario: Extreme fire/                           9                         15                4,131-4,337
 training............................
----------------------------------------------------------------------------------------------------------------

    For our analysis of the impacts that recently proposed training 
areas will have on SCI plant species, we anticipated that erosion due 
to training would likely occur up to 500 feet from each training area, 
and plants that occur within this area could be impacted. Recently 
proposed training areas will not affect watersheds where SCI lotus and 
SCI bush-mallow are currently present, and thus we do not anticipate 
additional impacts to these species associated with recently proposed 
training areas. For SCI larkspur, we found that 42 individuals in 1 
watershed would be affected. Finally, for SCI paintbrush, 50 
individuals in 5 watersheds could be potentially impacted by future 
training within recently proposed training areas. This analysis 
estimated impacts under both increased and extreme training scenarios. 
Under the increased training scenario, the estimated population size of 
SCI paintbrush would be 40,433-48,119 individuals. Under the extreme 
training scenario, the estimated population size would be 38,087-45,326 
individuals.

Limitations and Uncertainties

    Our models project an estimated number of occupied watersheds and 
individuals for plants and estimated numbers of territories and adults 
for SC Bell's sparrow under a range of possible future conditions. 
However, there are several limitations and uncertainties associated 
with our projections (USFWS 2022a, pp. 77-78; USFWS 2022b, pp. 68-69; 
USFWS 2022c, pp. 77-78;

[[Page 4789]]

USFWS 2022d, pp. 69-70; USFWS 2022e, pp. 72-73). These include 
differences in survey methodologies over time and lack of information 
regarding demographic and life-history characteristics of the species, 
which required us to make several assumptions in our estimates and 
projections. We presumed that the four plant taxa are extant, even if 
not surveyed in the past 20 years, where the associated flora remain 
and quality habitat is still present. We also assumed that military 
training and fire would generally affect the same areas they have 
historically, amended to address recently proposed training areas, and 
we made several assumptions about the extent of future impacts within 
these geographic footprints. Because of the Navy's implementation of 
the INRMP, other resource management plans described previously, and 
the conservation agreement for the five SCI species that is currently 
in development, we also concluded that the Navy will continue to manage 
and protect habitat where these five taxa occur on SCI. While there are 
several uncertainties and assumptions, because our projections 
represent the best available scientific and commercial information, our 
analysis provides an adequate basis for assessing the current and 
future viability of the species.

Summary of Future Conditions

    While all five species might experience reductions in numbers of 
individuals or occupied watersheds or habitat within the existing fire 
and training footprint under the most extreme scenarios considered, all 
species are expected to remain resilient. Each species would continue 
to occupy a broad distribution on the island across a variety of 
habitats under status quo and increased threat scenarios, so 
representation and redundancy are not expected to decrease 
significantly.
    We note that, by using the SSA framework to guide our analyses of 
the scientific information documented in the SSA reports, we have not 
only analyzed individual effects on the species, but we have also 
analyzed their potential cumulative effects. We incorporated the 
cumulative effects into our SSA analyses when we characterized the 
current and future condition of the species. To assess the current and 
future conditions of the species, we undertook an iterative analysis 
that encompassed and incorporated the threats individually and then 
accumulated and evaluated the effects of all the factors that may be 
influencing the species, including threats and conservation efforts. 
Because the SSA framework considers not just the presence of the 
factors, but to what degree they collectively influence risk to the 
entire species, our SSA assessment integrated the cumulative effects of 
the factors and replaces a standalone cumulative effects analysis.
    We lack specific information on how various threats may interact, 
but potential cumulative effects include interactions of military 
training, fire, invasive species, and climate change. For example, 
effects of climate change could increase the frequency or severity of 
fire. Although we lack specific information on effects of climate 
change, we assumed in our modeling of future conditions that increased 
fire could result from either increased training or from climate 
change, or a combination. We also modeled a range of increased impacts 
of training and/or fire, as well as low and moderate recruitment or 
densities, and used conservative approaches to estimate resulting 
populations to account for the possibility of cumulative effects. We 
found in our evaluation of current and future conditions that all five 
species are likely to continue to maintain close to current levels of 
resiliency, redundancy, and representation, despite the potential for 
cumulative effects.

Determinations of Species Status

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species meets the definition of an ``endangered species'' or 
a ``threatened species.'' The Act defines an endangered species as a 
species that is ``in danger of extinction throughout all or a 
significant portion of its range,'' and a threatened species as a 
species that is ``likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range.'' The Act requires that we determine whether a species meets the 
definition of an ``endangered species'' or a ``threatened species'' 
because of any of the following factors: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence.

Status Throughout All of Its Range

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the section 4(a)(1) factors, we 
found that the primary threats to SC Bell's sparrow, SCI paintbrush, 
SCI lotus, SCI larkspur, and SCI bush-mallow identified at the time of 
and since listing have been eliminated or reduced. At the time of 
listing (42 FR 40682, August 11, 1977), we considered habitat 
destruction and modification caused by nonnative herbivores (Factor A) 
to be the primary cause of decline for all five species. Since removal 
of all nonnative herbivores was completed in 1992, plant communities on 
the island are recovering, and habitat conditions are improving for all 
species. The current sizes and distributions of each of the species are 
greater than were previously known.
    Currently and in the future, individuals and habitat of each of the 
five species may be affected by military training activities (Factors A 
and E), erosion (Factor A), invasive species (Factors A and E), and 
fire and fire management (Factors A and E). These remaining threats to 
the species, including fire, erosion, and invasive species, are managed 
by the Navy through implementation of the SCI INRMP, Fire Management 
Plan, Erosion Control Plan for SCI, and other associated management 
plans. Implementation of avoidance and minimization measures and 
programs outlined in these plans is expected to continue regardless of 
the listing status of the five species. In addition, the Navy will 
continue to consider these five species and incorporate avoidance and 
minimization measures for land use activities, including infrastructure 
projects and military training proposals as part of the site approval 
and project review process. Thus, existing conservation programs and 
regulatory mechanisms, such as the INRMP, are expected to continue to 
provide protections to these species, regardless of listing status. 
Because the Channel Islands are not well addressed in current climate 
models and there is uncertainty regarding how climate change may affect 
habitats and species on SCI, we were not able to assess its long-term 
effects, but because of moderating effects of maritime influence on 
SCI, we do not expect major impacts over the next 20 to 30 years. Our 
evaluation of current and future conditions indicates all five species 
are likely to continue to maintain close to current levels of 
resiliency, redundancy, and representation.
    In addition to threats in common to all five SCI species, small 
population size (Factor E) was formerly considered a threat to SC 
Bell's sparrow, with a low of 38 individuals reported in 1984.

[[Page 4790]]

However, the species is now more widely distributed on the island, and 
population estimates have been consistently over 4,000 adults since 
2013. Predation by black rats and feral cats (Factor C) was also 
considered a threat to SC Bell's sparrow at the time of listing. While 
predation on SC Bell's sparrow still occurs, the Navy implements 
predator control on SCI, and predation on SC Bell's sparrow does not 
appear to be limiting the population. The species is currently 
considered to be resilient and is expected to maintain close to current 
levels of resiliency, redundancy, and representation under a range of 
projected future conditions. Thus, after assessing the best available 
information, we determine that San Clemente Bell's sparrow is not in 
danger of extinction now or likely to become so in the foreseeable 
future throughout all of its range.
    No additional threats beyond those common to all five SCI species 
have been identified for SCI paintbrush. With removal of nonnative 
herbivores, and conservation efforts implemented by the Navy, numbers 
and distribution of SCI paintbrush have increased. The SCI paintbrush 
population numbered approximately 1,000 individuals in 1984. The 
current island-wide population is estimated at 42,104 individuals 
across 87 watersheds. Most of these individuals currently occur in 
watersheds with high or very high resiliency. Additionally, the species 
is expected to maintain close to current levels of resiliency, 
redundancy, and representation under a range of projected future 
conditions. Thus, after assessing the best available information, we 
determine that San Clemente Island paintbrush is not in danger of 
extinction now or likely to become so in the foreseeable future 
throughout all its range.
    No additional threats beyond those common to all five SCI species 
have been identified for SCI lotus. With removal of nonnative 
herbivores, and conservation efforts implemented by the Navy, numbers 
and distribution of SCI lotus have increased. While the historical 
range and distribution of SCI lotus is not known, its distribution has 
increased from the six locations noted in 1984 (USFWS 1984, pp. 17, 
35). The current island-wide population is estimated at 20,743 
individuals across 57 watersheds. The majority of these individuals 
currently occur in watersheds with high or very high resiliency. 
Additionally, the species is expected to maintain close to current 
levels of resiliency, redundancy, and representation under a range of 
projected future conditions. Thus, after assessing the best available 
information, we determine that San Clemente Island lotus is not in 
danger of extinction now or likely to become so in the foreseeable 
future throughout all of its range.
    No additional threats beyond those common to all five SCI species 
have been identified for SCI larkspur. While the historical range and 
distribution of SCI larkspur is not known, its distribution has 
increased from the six to seven locations noted in 1984 (USFWS 1984, 
pp. 17, 35). The current island-wide population is estimated at 18,956 
individuals within 22 watersheds. Most of these individuals currently 
occur in watersheds with high or very high resiliency. Additionally, 
the species is expected to maintain close to current levels of 
resiliency, redundancy, and representation under a range of projected 
future conditions. Fire (Factors A and E) is thought to currently not 
significantly affect SCI larkspur, but changes in timing, frequency, or 
severity of fire could potentially negatively affect the species. 
However, the Navy's implementation of fire management is expected to 
continue to minimize the risk of fire to SCI larkspur. Thus, after 
assessing the best available information, we determine that San 
Clemente Island larkspur is not in danger of extinction now or likely 
to become so in the foreseeable future throughout all of its range.
    In addition to threats common to all five SCI species, reduced 
genetic diversity (Factor E) has been identified as a potential threat 
for SCI bush-mallow. However, currently, low genetic diversity does not 
seem to be precluding the species' ability to sustain itself on the 
island. With removal of nonnative herbivores, and conservation efforts 
implemented by the Navy, numbers and distribution of SCI bush-mallow 
have increased. At the time of listing, SCI bush-mallow was known from 
only three locations (42 FR 40682, August 11, 1977). The current 
island-wide population is estimated at 5,611 individuals across 15 
watersheds. Most of these individuals currently occur in watersheds 
with high or very high resiliency. Additionally, the species is 
expected to maintain close to current levels of resiliency, redundancy, 
and representation under a range of projected future conditions. Thus, 
after assessing the best available information, we determine that San 
Clemente Island bush-mallow is not in danger of extinction now or 
likely to become so in the foreseeable future throughout all its range.

Status Throughout a Significant Portion of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
in the foreseeable future throughout all or a significant portion of 
its range. Having determined that the SC Bell's sparrow, SCI 
paintbrush, SCI lotus, SCI larkspur, and SCI bush-mallow are not in 
danger of extinction or likely to become so in the foreseeable future 
throughout all of their ranges, we now consider whether any of these 
species may be in danger of extinction or likely to become so in the 
foreseeable future in a significant portion of its range--that is, 
whether there is any portion of the species' range for which it is true 
that both (1) the portion is significant, and (2) the species is in 
danger of extinction now or likely to become so in the foreseeable 
future in that portion. Depending on the case, it might be more 
efficient for us to address the ``significance'' question or the 
``status'' question first. We can choose to address either question 
first. Regardless of which question we address first, if we reach a 
negative answer with respect to the first question that we address, we 
do not need to evaluate the other question for that portion of the 
species' range.
    In undertaking this analysis for SC Bell's sparrow, SCI paintbrush, 
SCI lotus, SCI larkspur, and SCI bush-mallow, we choose to address the 
status question first--we consider information pertaining to the 
geographic distribution of both the species and the threats that the 
species faces to identify any portions of the range where the species 
is endangered or threatened.
    The SC Bell's sparrow, SCI paintbrush, SCI lotus, SCI larkspur, and 
SCI bush-mallow are found solely on San Clemente Island, an area of 
approximately 56 square mi (145 square km, 36,073 acres (ac), or 14,598 
hectares (ha)). Each of these species is a narrow endemic that 
functions as a single, contiguous population. While we divided each of 
the species' ranges into analysis units in order to quantify threats 
and analyze resiliency, these units are not meant to represent 
``populations'' in a biological sense; rather, these units were 
designed to facilitate assessing and reporting current and future 
resilience. Given the species' small ranges, and the Navy's management 
to eliminate or reduce threats through implementation of the SCI INRMP 
and other associated management plans, there is no biologically 
meaningful way to break the limited ranges of these species into 
portions, and the threats that the species

[[Page 4791]]

face affect the species throughout their entire ranges. This means that 
no portions of the species' ranges have a different status from their 
rangewide status. Therefore, no portion of the species' ranges can 
provide a basis for determining that the species are in danger of 
extinction now or likely to become so in the foreseeable future in a 
significant portion of their ranges, and we find that San Clemente 
Bell's sparrow, San Clemente Island paintbrush, San Clemente Island 
lotus, San Clemente Island larkspur, and San Clemente Island bush-
mallow are not in danger of extinction now or likely to become so in 
the foreseeable future in any significant portion of their ranges. This 
finding does not conflict with the courts' holdings in Desert Survivors 
v. Department of the Interior, No. 16-cv-01165-JCS, 2018 WL 4053447 
(N.D. Cal. Aug. 24, 2018), and Center for Biological Diversity v. 
Jewell, 248 F. Sup. 3d, 946, 959 (D. Ariz. 2017), because, in reaching 
these conclusions, we did not need to consider whether any portions are 
significant and therefore did not apply the definition of 
``significant'' in 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) that those court decisions held was invalid.

Determination of Status

    Our review of the best available scientific and commercial 
information indicates that the San Clemente Bell's sparrow, San 
Clemente Island paintbrush, San Clemente Island lotus, San Clemente 
Island larkspur, and San Clemente Island bush-mallow do not meet the 
definition of an endangered species or a threatened species in 
accordance with sections 3(6), 3(20), and 4(a)(1) of the Act. 
Therefore, we are delisting (removing) the San Clemente Bell's sparrow, 
San Clemente Island paintbrush, San Clemente Island lotus, San Clemente 
Island larkspur, and San Clemente Island bush-mallow from the Lists of 
Endangered and Threatened Wildlife and Plants.

Effects of This Final Rule

    This final rule will revise 50 CFR 17.11(h) to remove San Clemente 
Bell's sparrow (Artemisiospiza belli clementeae), which is listed as 
San Clemente sage sparrow (Amphispiza belli clementeae), from the 
Federal List of Endangered and Threatened Wildlife, and will revise 50 
CFR 17.12(h) to remove San Clemente Island bush-mallow (Malacothamnus 
clementinus), San Clemente Island paintbrush (Castilleja grisea), San 
Clemente Island lotus, (Acmispon dendroideus var. traskiae), and San 
Clemente Island larkspur (Delphinium variegatum ssp. kinkiense) from 
the Federal List of Endangered and Threatened Plants. The prohibitions 
and conservation measures provided by the Act, particularly through 
sections 7 and 9, will no longer apply to these species. Federal 
agencies will no longer be required to consult with the Service under 
section 7 of the Act in the event that activities they authorize, fund, 
or carry out may affect these species. There is no critical habitat 
designated for any of these species.

Post-Delisting Monitoring

    Section 4(g)(1) of the Act requires us to monitor for not less than 
5 years the status of all species that are delisted due to recovery. 
Post-delisting monitoring refers to activities undertaken to verify 
that a species delisted due to recovery remains secure from the risk of 
extinction after the protections of the Act no longer apply. The 
primary goal of post-delisting monitoring is to monitor the species to 
ensure that its status does not deteriorate, and if a decline is 
detected, to take measures to halt the decline so that proposing it as 
an endangered or threatened species is not again needed. 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. At the conclusion of the 
monitoring period, we will review all available information to 
determine if relisting, the continuation of monitoring, or the 
termination of monitoring is appropriate.
    Section 4(g) of the Act explicitly requires that we cooperate with 
the States in development and implementation of post-delisting 
monitoring programs. However, we remain ultimately responsible for 
compliance with section 4(g) and, therefore, must remain actively 
engaged in all phases of monitoring. We also seek active participation 
of other entities that are expected to assume responsibilities for the 
species' conservation after delisting, in this case, the Navy, an 
integral partner and the sole owner and manager of San Clemente Island.
    We will continue to coordinate with the Navy to implement effective 
post-delisting monitoring (PDM) for the SC Bell's sparrow, SCI lotus, 
SCI paintbrush, SCI larkspur, and SCI bush-mallow. The PDM plan builds 
upon current monitoring techniques and research, as well as emerging 
technology and techniques. Monitoring will assess the species' numbers, 
distribution, and threats status, as well as ongoing management and 
conservation efforts that have improved the status of the species since 
listing. The PDM plan identifies, to the extent practicable and in 
accordance with our current understanding of the species' life history, 
measurable thresholds and responses for detecting and reacting to 
significant changes in the species' populations, distribution, and 
viability. If declines are detected equaling or exceeding these 
thresholds, the Service, in combination with the Navy, will investigate 
causes of these declines, including considerations of habitat changes, 
anthropogenic impacts, stochastic events, or any other significant 
evidence. The result of the investigation will be to determine if any 
of the species warrant expanded monitoring, additional research, 
additional habitat protection, or resumption of Federal protection 
under the Act.
    Given the Navy's past and current stewardship efforts, management 
for the species has been effective to date, and it is reasonable to 
expect that management will continue to be effective for the species 
and their habitats beyond a post-delisting monitoring period, and well 
into the future. In addition to post-delisting monitoring activities 
that will occur, the Navy anticipates continued management of the 
species in accordance with the SCI INRMP and other management plans. 
Additional monitoring or research (beyond post-delisting monitoring 
requirements) may occur in the future for these and other rare endemics 
on SCI based on available resource levels. We will work closely with 
the Navy to ensure post-delisting monitoring is conducted and to ensure 
future management strategies are implemented (as warranted) to benefit 
these species.

Required Determinations

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

    We have determined that we do not need to prepare an environmental 
assessment or environmental impact statement, as defined in the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.), in 
connection with determining a species' listing status 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).

[[Page 4792]]

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), Executive Order 13175 (Consultation and 
Coordination with Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
Tribes in developing programs for healthy ecosystems, to acknowledge 
that Tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to Tribes. There are no Tribal lands associated 
with this final rule.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at https://www.regulations.gov and upon request from 
the Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).

Authors

    The primary authors of this final rule are the staff members of the 
Fish and Wildlife Service's Species Assessment Team and the Carlsbad 
Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we hereby 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.


Sec.  17.11  [Amended]

0
2. Amend Sec.  17.11 in paragraph (h) by removing the entry for 
``Sparrow, San Clemente sage'' under BIRDS from the List of Endangered 
and Threatened Wildlife.


Sec.  17.12  [Amended]

0
3. Amend Sec.  17.12 in paragraph (h) by removing the entries for 
``Acmispon dendroideus var. traskiae'', ``Castilleja grisea'', 
``Delphinium variegatum ssp. kinkiense'', and ``Malacothamnus 
clementinus'' under FLOWERING PLANTS from the List of Endangered and 
Threatened Plants.

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-01400 Filed 1-24-23; 8:45 am]
BILLING CODE 4333-15-P