[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Proposed Rules]
[Pages 65816-65835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17237]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2024-0018; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BH39


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status With Section 4(d) Rule for the Santa Ana Speckled Dace

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the Santa Ana speckled dace (Rhinichthys gabrielino), a fish 
species native to California, as a threatened species under the 
Endangered Species Act of 1973, as amended (Act). This determination 
also serves as our 12-month finding on a petition to list the Santa Ana 
speckled dace. After a review of the best available scientific and 
commercial information, we find that listing the species is warranted. 
Accordingly, we propose to list the Santa Ana speckled dace as a 
threatened species with protective regulations issued under section 
4(d) of the Act (``4(d) rule''). If we finalize this rule as proposed, 
it would add this species to the List of Endangered and Threatened 
Wildlife and extend the Act's protections to the species. Due to the 
current lack of data sufficient to perform required analyses, we 
conclude that the designation of critical habitat for the species is 
not determinable at this time.

DATES: We will accept comments received or postmarked on or before 
October 15, 2024. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. eastern time on the closing date. We must receive requests for a 
public hearing, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by September 27, 2024.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2024-0018, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R8-ES-2024-0018, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: Supporting materials, such as 
the species status assessment report, are available at https://www.regulations.gov under Docket No. FWS-R8-ES-2024-0018.

FOR FURTHER INFORMATION CONTACT: Scott Sobiech, Field Supervisor, 
Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2177 
Salk Avenue, Carlsbad CA 92008; telephone 760-431-9440. Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States. 
Please see Docket No. FWS-R8-ES-2024-0018 on https://www.regulations.gov for a document that summarizes this proposed rule.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act (16 U.S.C. 1531 et 
seq.), a species warrants listing if it meets the definition of an 
endangered species (in danger of extinction throughout all or a 
significant portion of its range) or a threatened species (likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range). If we determine that a 
species warrants listing, we must list the species promptly and 
designate the species' critical habitat to the maximum extent prudent 
and determinable. We have determined that the Santa Ana speckled dace 
meets the Act's definition of a threatened species; therefore, we are 
proposing to list it as such. Listing a species as an endangered or 
threatened species can be completed only by issuing a rule through the 
Administrative Procedure Act rulemaking process (5 U.S.C. 551 et seq.).
    What this document does. We propose to list the Santa Ana speckled 
dace as a threatened species with protective regulations issued under 
section 4(d) of the Act.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species because of any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence. We have determined that the Santa Ana speckled 
dace is threatened due to the following threats: habitat loss (due to 
urban development), habitat degradation (roadways, recreational 
activities, mining activities, and hydrological modifications and 
diversions), habitat fragmentation, increased fire frequency and 
intensity, climate change effects (e.g., warmer air temperatures, more 
intense precipitation events including drought and flooding), nonnative 
species (invasive aquatic species predation and competition), and small 
population effects (e.g., inbreeding depression and loss of genetic 
diversity).
    Section 4(a)(3) of the Act requires the Secretary of the Interior 
(Secretary), to the maximum extent prudent and determinable, 
concurrently with listing designate critical habitat for the species. 
We have not yet been able to obtain the necessary economic information 
needed to develop a proposed critical habitat designation for the Santa 
Ana speckled dace, although we are in the process of obtaining this 
information. At this time, we find that designation of critical habitat 
for the Santa Ana speckled dace is not determinable. When critical 
habitat is not determinable, the Act allows the Service an additional 
year to publish a critical habitat designation (16 U.S.C. 
1533(b)(6)(C)(ii)).

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other governmental agencies, Native 
American Tribes, the scientific community, industry, or any other 
interested parties concerning this proposed rule. We particularly seek 
comments concerning:

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    (1) The species' biology, range, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns 
and the locations of any additional populations of this species;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) Threats and conservation actions affecting the species, 
including:
    (a) Factors that may be affecting the continued existence of the 
species, which may include habitat modification or destruction, 
overutilization, disease, predation, the inadequacy of existing 
regulatory mechanisms, or other natural or manmade factors;
    (b) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species; and
    (c) Existing regulations or conservation actions that may be 
addressing threats to this species.
    (3) Additional information concerning the historical and current 
status of this species.
    (4) Information to assist with applying or issuing protective 
regulations under section 4(d) of the Act that may be necessary and 
advisable to provide for the conservation of the Santa Ana speckled 
dace. In particular, we seek information concerning the extent to which 
we should include any of the section 9 prohibitions in the 4(d) rule or 
whether we should consider any additional exceptions from the 
prohibitions in the 4(d) rule.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information, although noted, do not provide substantial 
information necessary to support a determination. Section 4(b)(1)(A) of 
the Act directs that determinations as to whether any species is an 
endangered or a threatened species must be made solely on the basis of 
the best scientific and commercial data available.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov.
    Our final determination may differ from this proposal because we 
will consider all comments we receive during the comment period as well 
as any information that may become available after this proposal. Based 
on the new information we receive (and, if relevant, any comments on 
that new information), we may conclude that the species is endangered 
instead of threatened, or we may conclude that the species does not 
warrant listing as either an endangered species or a threatened 
species. In addition, we may change the parameters of the prohibitions 
or the exceptions to those prohibitions in the protective regulations 
under section 4(d) of the Act if we conclude it is appropriate in light 
of comments and new information received. For example, we may expand 
the prohibitions if we conclude that the protective regulation as a 
whole, including those additional prohibitions, is necessary and 
advisable to provide for the conservation of the species. Conversely, 
we may establish additional exceptions to the prohibitions in the final 
rule if we conclude that the activities would facilitate or are 
compatible with the conservation and recovery of the species. In our 
final rule, we will clearly explain our rationale and the basis for our 
final decision, including why we made changes, if any, that differ from 
this proposal.

Public Hearing

    Section 4(b)(5) of the Act provides for a public hearing on this 
proposal, if requested. Requests must be received by the date specified 
in DATES. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this 
proposal, if requested, and announce the date, time, and place of the 
hearing, as well as how to obtain reasonable accommodations, in the 
Federal Register and local newspapers at least 15 days before the 
hearing. We may hold the public hearing in person or virtually via 
webinar. We will announce any public hearing on our website, in 
addition to the Federal Register. The use of virtual public hearings is 
consistent with our regulations at 50 CFR 424.16(c)(3).

Previous Federal Actions

    On May 11, 2020, we received a petition from the Center for 
Biological Diversity requesting that the Santa Ana speckled dace be 
listed as an endangered or threatened species and critical habitat be 
designated for this species under the Act. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioner, required at 50 CFR 424.14(c). On June 
17, 2021, we published in the Federal Register (86 FR 32241) a 90-day 
finding that the petition presented substantial scientific or 
commercial information indicating the petitioned action may be 
warranted.

Peer Review

    A species status assessment (SSA) team prepared an SSA report for 
the Santa Ana speckled dace (Service 2023a, entire). The SSA team was 
composed of Service biologists, in consultation with other species 
experts. The SSA report represents a compilation of the best scientific 
and commercial data available concerning the status of the species, 
including the impacts of past, present, and future factors (both 
negative and beneficial) affecting the species.
    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review in 
listing and recovery actions under the Act, we solicited independent 
scientific review of the information contained in the Santa Ana 
speckled dace SSA report. We sent the SSA report to five independent 
peer reviewers and received one response. Results of this structured 
peer review process can be found at https://www.regulations.gov. In 
preparing this proposed rule, we incorporated the results of these 
reviews, as appropriate, into the SSA report, which is the foundation 
for this proposed rule.

Summary of Peer Reviewer Comments

    As discussed above in Peer Review, we received comments from one 
peer reviewer. We reviewed all comments for substantive issues and new 
information regarding the material contained in the

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SSA report. The reviewer generally provided additional references, 
clarifications, and suggestions for the SSA report. We updated the SSA 
report based on the information we received and worked with researchers 
to update the current and future condition analyses. The substantive 
peer reviewer comment is addressed in the following summary, and the 
information provided was incorporated into the SSA report as 
appropriate (Service 2023a, entire).
    Comment 1: The reviewer commented on debris flows and provided 
clarifying language when describing the cause, stating debris flows are 
caused by intense rainfall, not by existing surface water already 
flowing in a channel. The reviewer also clarified how fire increases 
the magnitude of debris flows, indirectly impacting dace. They also 
noted that while debris flows are more common in the winter, summertime 
debris flows have been documented in the Santa Ana Mountains.
    Our Response: We clarified language in the SSA report to reflect 
more accurately the cause of debris flows and the indirect impact fire 
has on daces with regard to debris flows. Flooding events are not 
necessarily the cause of debris flows. Instead, intense precipitation 
events cause debris flows that may also result in flooding. Language in 
the SSA report was also revised to reflect the possibility of debris 
flows occurring outside of winter when larger rainfall events are 
expected. We recognize that while wildfires do not cause debris flows, 
they increase the likelihood of a debris flow.

I. Proposed Listing Determination

Background

    A thorough review of the taxonomy, life history, and ecology of the 
Santa Ana speckled dace is presented in the SSA report (Service 2023a, 
pp. 6-8).
    The Santa Ana speckled dace is a small freshwater fish that 
occupies cool headwaters of perennial streams and rivers in the 
mountains north and east of Los Angeles, California. The species was 
historically found throughout river systems at the bases of the San 
Gabriel, San Bernardino, and San Jacinto Mountain ranges in Los 
Angeles, San Bernardino, and Riverside Counties, California. For a map 
of the species' range, see Docket No. FWS-R8-ES-2024-0018 on https://www.regulations.gov.
    Several speckled dace species occur throughout California. At the 
time of our petition finding, we stated that a formal taxonomic 
description at the species rank or subspecies rank had not been 
prepared and had not passed scientific peer review, either as part of 
acceptance for publication or through some other equivalent review. We 
therefore determined that the Santa Ana speckled dace was not listable 
as a taxonomically described species. The Santa Ana speckled dace has 
since been described as genetically distinguishable from other speckled 
dace species (Su et al. 2022, entire, Moyle et al. (2023, entire). 
Therefore, in this proposed rule we are analyzing the Santa Ana 
speckled dace at the species rank.
    The Santa Ana speckled dace has an olive to darkish yellow body, 
with the stomach area paler in color. During the breeding season, both 
males and females have orange- or red-tipped fins, with males also 
having red snouts and lips. This small-scaled fish has a small 
downfacing mouth and a pointed snout with a small barbel on each end of 
the maxilla. A small patch of skin connects the snout to the upper lip. 
The speckled dace's subterminal mouth and tooth structure are ideal for 
consuming the small aquatic invertebrates most common in riffles 
(hydropsychid caddisflies, baetid mayflies, and chironomid and simuliid 
midges), which generally make up the bulk of the speckled dace's diet 
(Moyle et al. 2015, p. 2). The speckled dace also consumes filamentous 
algae (Moyle et al. 2015, p. 2).
    The Santa Ana speckled dace's lifespan is coarsely correlated with 
maximum size, with dace under 80 millimeters (mm) fork length (FL) (the 
typical size of a Santa Ana speckled dace) living for roughly 3 years. 
Dace in the upper reaches of the San Gabriel River drainage commonly 
reach more than 110 mm (4.3 inches (in)) standard length (SL); in other 
locations, dace this large can live up to 6 years (Moyle et al. 2015, 
p. 3). Daces grow to 20 to 30 mm (0.79 to 1.2 in) SL by the end of 
their first summer and grow each subsequent year by an average of 10 to 
15 mm (0.4 to 0.6 in) SL. Typically females grow faster than males. 
Under stressful environmental conditions, limited food, or high 
population densities, growth rates can decrease. Santa Ana speckled 
daces reach sexual maturity by the end of the second summer; based on 
size and location, females generate between 190 and 800 eggs (Moyle et 
al. 2015, p. 3). High flow events and/or rising water temperatures are 
normally correlated with dace spawning, making March through May the 
presumed spawning period for the Santa Ana speckled dace.

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for endangered and 
threatened species. On April 5, 2024, jointly with the National Marine 
Fisheries Service, we issued a final rule that revised the regulations 
in 50 CFR part 424 regarding how we add, remove, and reclassify 
endangered and threatened species and what criteria we apply when 
designating listed species' critical habitat (89 FR 24300). On the same 
day, we published a final rule revising our protections for endangered 
species and threatened species at 50 CFR 17 (89 FR 23919). These final 
rules are now in effect and are incorporated into the current 
regulations.
    The Act defines an ``endangered species'' as a species that is in 
danger of extinction throughout all or a significant portion of its 
range, and a ``threatened species'' as a species that is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range. The Act requires that we 
determine whether any species is an endangered species or a threatened 
species because of any of the following factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals

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through alteration of their habitat or required resources (stressors). 
The term ``threat'' may encompass--either together or separately--the 
source of the action or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the species' expected response and 
the effects of the threats--in light of those actions and conditions 
that will ameliorate the threats--on an individual, population, and 
species level. We evaluate each threat and its expected effects on the 
species, then analyze the cumulative effect of all of the threats on 
the species as a whole. We also consider the cumulative effect of the 
threats in light of those actions and conditions that will have 
positive effects on the species, such as any existing regulatory 
mechanisms or conservation efforts. The Secretary determines whether 
the species meets the definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis, which is 
further described in the 2009 Memorandum Opinion on the foreseeable 
future from the Department of the Interior, Office of the Solicitor (M-
37021, January 16, 2009; ``M-Opinion,'' available online at https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/M-37021.pdf). 
The foreseeable future extends as far into the future as the U.S. Fish 
and Wildlife Service and National Marine Fisheries Service (hereafter, 
the Services) can make reasonably reliable predictions about the 
threats to the species and the species' responses to those threats. We 
need not identify the foreseeable future in terms of a specific period 
of time. We will describe the foreseeable future on a case-by-case 
basis, using the best available data and taking into account 
considerations such as the species' life-history characteristics, 
threat projection timeframes, and environmental variability. In other 
words, the foreseeable future is the period of time over which we can 
make reasonably reliable predictions. ``Reliable'' does not mean 
``certain''; it means sufficient to provide a reasonable degree of 
confidence in the prediction, in light of the conservation purposes of 
the Act.

Analytical Framework

    The SSA report documents the results of our comprehensive 
biological review of the best scientific and commercial data regarding 
the status of the species, including an assessment of the potential 
threats to the species. The SSA report does not represent our decision 
on whether the species should be proposed for listing as an endangered 
or threatened species under the Act. However, it does provide the 
scientific basis that informs our regulatory decisions, which involve 
the further application of standards within the Act and its 
implementing regulations and policies.
    To assess the Santa Ana speckled dace's viability, we used the 
three conservation biology principles of resiliency, redundancy, and 
representation (Shaffer and Stein 2000, pp. 306-310). Briefly, 
resiliency is the ability of the species to withstand environmental and 
demographic stochasticity (for example, wet or dry, warm or cold 
years); redundancy is the ability of the species to withstand 
catastrophic events (for example, droughts, large pollution events); 
and representation is the ability of the species to adapt to both near-
term and long-term changes in its physical and biological environment 
(for example, climate conditions, pathogens). In general, species 
viability will increase with increases in resiliency, redundancy, and 
representation (Smith et al. 2017, p. 306). Using these principles, we 
identified the species' ecological requirements for survival and 
reproduction at the individual, population, and species levels, and 
described the beneficial and risk factors influencing the species' 
viability.
    The SSA process can be categorized into three sequential stages. 
During the first stage, we evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical 
and current condition of the species' demographics and habitat 
characteristics, including an explanation of how the species arrived at 
its current condition. The final stage of the SSA involved making 
predictions about the species' responses to positive and negative 
environmental and anthropogenic influences. Throughout all of these 
stages, we used the best available information to characterize 
viability as the ability of a species to sustain populations in the 
wild over time which we then used to inform our regulatory decision.
    The following is a summary of the key results and conclusions from 
the SSA report; the full SSA report can be found at Docket No. FWS-R8-
ES-2024-0018 on https://www.regulations.gov.

Summary of Biological Status and Threats

    In this discussion, we review the biological condition of the 
species and its resources, and the threats that influence the species' 
current and future condition, in order to assess the species' overall 
viability and the risks to that viability. We analyze these factors 
both individually and cumulatively to determine the current condition 
of the species and project the future condition of the species under 
both plausible future scenarios at mid- and late-century.

Species Needs

    In order for the Santa Ana speckled dace to have high viability, 
the species needs to maintain its representation (adaptive capacity) by 
having multiple, sufficiently resilient populations (redundancy) in 
different watersheds. The amount of available habitat for the Santa Ana 
speckled dace is mainly driven by cold, flowing water in the streams 
throughout the watersheds that the species occupies. Having reaches of 
flowing water (as opposed to dry creek beds) that individuals can 
occupy and use to disperse to new areas in the watershed is important 
for population resiliency. The species inhabits a relatively small 
area, making adequate amounts of suitable habitat important for the 
resiliency of the species.
    Individual needs for the Santa Ana speckled dace revolve around 
having consistent clean, cool water (estimated temperatures that stay 
below 28 degrees Celsius ([deg]C) (82 degrees Fahrenheit ([deg]F)) in 
the summer months) with access to aquatic invertebrates as a food 
source. Fertilized eggs and larvae utilize gravel substrate during 
development, and, later, larvae use rocks and emergent vegetation for 
cover. Adult Santa Ana speckled daces inhabit a variety of stream 
habitats, with a preference for moving water. Populations need abundant 
individuals within habitat patches of adequate area and quality to 
maintain survival and reproduction in spite of disturbance. For the 
Santa Ana speckled dace, this revolves around having adequate flows of 
cold water that connect the populations within each watershed. Having 
enough water in ephemeral creeks and limited fish barriers are 
important to allow dace within the population to disperse

[[Page 65820]]

throughout connected habitat and not become isolated. Santa Ana 
speckled dace population size varies greatly based on the annual 
conditions of the habitat, and populations will rebound when conditions 
are conducive to the species' needs. The amount of water is strongly 
correlated with the annual fluctuation in habitat conditions, with 
droughts correlated to lower dace numbers. Without enough cold water 
throughout the year to maintain connectivity, populations are more 
likely to become isolated and less resilient to the presence of ongoing 
threats.
    Connectivity allows individuals to move among reaches in a 
watershed, for example, upstream and downstream without barriers 
impeding movement. Connectivity allows for movement of individuals in 
response to stressors such as high flow events or fire and allows for 
dispersal and gene flow among Santa Ana speckled dace occurrences, 
which maintains genetic diversity and increases population resiliency. 
Connectivity within a watershed becomes increasingly important as 
localized threats increase, forcing individuals to find more suitable 
habitat to survive.

Factors Influencing Species Viability

    The following discussion provides a summary of the primary factors 
that affect or may affect the current and future conditions of the 
Santa Ana speckled dace. For our analysis, we evaluated impacts from 
the following threats to the species: (1) habitat loss (due to urban 
development); (2) habitat degradation (due to recreational activities, 
mining, roadways, and hydrological activities and diversions); (3) 
habitat fragmentation; (4) increased risk of wildfire (probability of 
fire and contributions to debris flows); (5) changing climate trends 
(e.g., increased debris flows from high wintertime precipitation 
events, increased temperatures, and longer, more frequent drought 
periods); (6) nonnative species (increased competition and predation); 
and (7) small population effects.

Habitat Loss

    The lower portions of the San Gabriel, Santa Ana, and Los Angeles 
rivers that were part of the Santa Ana speckled dace's historical range 
no longer support the species because of habitat loss from extensive 
urbanization. The middle and lower reaches of these rivers have been 
channelized and impounded for flood control, and riparian corridors 
have been replaced with concrete-lined canals. Water quality has also 
been degraded and become unsuitable for daces due to urbanization. For 
example, the lower reaches of the San Gabriel, Santa Ana, and Los 
Angeles rivers have highly unsuitable levels of pH, ammonia, lead, 
coliform, trash, scum algae, total dissolved solids, heavy metals, 
pathogens, bacteria, and nutrients (Moyle et al. 2015, p. 8). Habitat 
that is currently suitable for the Santa Ana speckled dace is 
restricted to headwater habitats that are not impacted by urbanization.

Habitat Degradation

    Recreational Activities--Much of the remaining habitat occupied by 
the Santa Ana speckled dace is located in the Angeles and San 
Bernardino National Forests, which are some of the most heavily visited 
National Forests in the country. Impacts from recreation are an 
increasing threat for daces, particularly in the small waterways they 
inhabit. Recreational activities that directly impact daces and their 
habitat include swimming, off-highway vehicle (OHV) use, dam building, 
littering, camping, and recreational mining. These activities stress 
and displace fish. The artificial impoundments erected to create 
swimming and bathing areas impact water quality (including temperature 
and sedimentation) and fragment the habitat by limiting dispersal. OHV 
use directly disturbs waterways and nearby vegetation and soils, as 
well as increases nonpoint sources of pollution (including trash) and 
sedimentation. Based on current levels, recreational activities are a 
moderate and rangewide threat to the Santa Ana speckled dace.
    Mining--Suction dredging is currently banned in California, 
although it was used in the past in the San Gabriel River and in the 
Cajon Wash and Lytle Creek. Recreational mining for gold has increased 
in these same areas in recent years with the increase in gold prices. 
This activity lowers water quality, destroys sensitive habitat, and 
disturbs Santa Ana speckled daces in the surrounding areas. In the San 
Gabriel River watershed, gold mining activities are impacting daces in 
the East Fork of the San Gabriel River and Cattle Creek. Habitat in 
Fish Canyon has also been impacted by a rock quarry, although, as of 
2015, the mining company was in the process of restoring habitat for 
the Santa Ana speckled dace (Moyle et al. 2015, p. 8). Any mining 
activities that affect the water channel can also directly kill or 
injure individual fish. Overall, mining activities occur in a few areas 
and appear to be less extensive than other recreational activities. 
While mining is not currently considered a substantial threat, 
recreational mining is currently degrading habitat quality in some 
areas within the species' range, and changes in restrictions that would 
increase the rangewide extent of mining activities could result in a 
substantial increase in impact on the Santa Ana speckled dace in the 
future.
    Roadways--Roadways that run along or cross occupied Santa Ana 
speckled dace habitat create a variety of impacts that degrade habitat 
and impact water quality. Roads are sources of nonpoint pollution 
(chemical and trash) and sediment inputs and can also constrict the 
natural morphology of the waterway (straighten out a naturally braided 
stream), restricting dispersal capacity for individuals. Roads can also 
negatively impact or eliminate vegetation near riverbanks, degrading 
water quality and overall habitat quality. Unpaved roads increase the 
potential for erosion and sediment inputs, especially in mountainous 
terrain, where most of the remaining Santa Ana speckled dace habitat is 
found. Where roads facilitate recreational access and activities, the 
associated negative effects are moderately impacting the majority of 
Santa Ana speckled dace analytical units.
    Hydrological Activities and Diversions--Water flow in Big Tujunga 
Creek and in the West Fork of the San Gabriel River is regulated by 
large permanent dams that impact habitat quality, stream flow, water 
temperature, sediment transport, stream morphology, and dispersal. 
Unregulated flows are available to maintain habitat for the Santa Ana 
speckled dace in the East and North Forks of the San Gabriel River and 
their associated tributaries. Several unregulated tributaries also flow 
into Big Tujunga Creek.
    Dams and regulated flows reduce the delivery of coarse substrates 
(for example, cobble and gravel) to occupied downstream reaches, 
reducing breeding and forage habitat. Above dams, the accumulation of 
sediments converts actively flowing stream channels to still-water 
marshes. Marsh habitat favors nonnative species, such as largemouth 
bass (Micropterus salmoides) and other centrarchids that are predators 
on Santa Ana speckled dace (USACE 2001, p. 4-28). Slow or standing 
water also allows fine materials to settle out, resulting in a 
substrate that does not support breeding and foraging habitat for the 
Santa Ana speckled dace. In periods of extreme drought, releases from 
dams have helped provide sufficient flows to move sediment to improve 
habitat for the Santa Ana speckled dace downstream.

[[Page 65821]]

    Levees and other methods of channelizing streams limit and often 
prevent the natural meandering process of rivers, limiting them to more 
linear paths. As such, levees confine available habitats to a narrower 
geographical area and, under most conditions, a shorter linear length. 
Additionally, during flood events, water confined within levees flows 
faster, and areas that serve as refugia/sheltering habitat become 
scarce. In summary, hydrological modifications--dams and stream 
channelization activities--have significantly altered and degraded 
Santa Ana speckled dace habitat throughout the dace's historical range, 
reducing its current habitat conditions compared to its historical 
habitat conditions, and represent a moderate to high threat to the 
species.
Habitat Fragmentation From Hydrological Modifications
    Hydrological modifications also limit or sever habitat 
connectivity, which affects the dispersal of the Santa Ana speckled 
dace. Such modifications include flood control dams, drop structures, 
recreational dams, road crossings (for example, culverts), and levees. 
Large dams, such as Cogswell Dam, severely limit connectivity between 
Santa Ana speckled dace populations, only allowing limited, 
unidirectional migration downstream. These and other barriers reduce 
fish passage, in turn reducing gene flow and limiting or preventing 
population replenishment. Drop structures also impede or prevent 
upstream movement. Recreational dams, constructed out of rocks, 
vegetation, or other debris to create pools for recreational waterplay, 
create barriers during low-flow conditions but may be passable during 
higher flow conditions. Although recreational dams are typically 
destroyed by high winter flows, recreationalists subsequently rebuild 
new dams. Trash and debris can also build up during high flows and 
create barriers. Culverts and other road crossings may prevent access 
into tributaries or limit connectivity within the main river channel. 
Additionally, prolonged periods of low flows as a result of reduced 
water input (such as through flood control measures, storage, or 
diversion, or through drought conditions) can allow native and 
nonnative vegetation to accumulate, which can sometimes serve as 
barriers to fish passage (see OCWD 2012, entire). Barriers are 
currently present rangewide, causing a moderately high impact on the 
Santa Ana speckled dace.
Debris Flows and Increased Risk of Wildfire
    Debris flows are fast-moving landslides that generally occur during 
periods of intense rainfall or rapid snowmelt and usually start on 
hillsides or mountains. Heavy precipitation in steep areas can cause 
debris flows, which negatively impact Santa Ana speckled dace occupancy 
and can extirpate small, isolated occurrences, as likely historically 
occurred within Fish Canyon Creek. Currently, debris flows are a 
disproportionate threat because all remaining dace habitat now occurs 
in small, steep waterways due to the loss of less steep downstream 
habitat to development and human activities. Debris flows can result 
from an excess overland flow from intense precipitation in steep 
mountain catchments with available sediment. In southern California 
mountains, debris flows are driven by precipitation and occur in both 
burned and unburned terrain. However, wildfires greatly increase the 
likelihood of debris flows within the burned area by removing 
vegetation and temporarily elevating soil hydrophobicity (Staley et al. 
2017, entire), where hydrophobic layers are created in the soil profile 
from the heat. When debris flows occur, they can cause significant 
erosion to hillslopes and channels, resulting in large amounts of 
sediment being carried downstream. This excessive sediment can fill in 
pools, causing profound negative impacts on local wildlife, including 
fish such as the Santa Ana speckled dace.
    Wildfire has the potential to impact Santa Ana speckled dace 
habitat throughout all of the occupied and unoccupied reaches of all 
watersheds within the range of the species. Wildfire also eliminates 
vegetation that shades the water and moderates water temperature and 
may further impact water transport, sediment transport, water quality, 
and flow regime. Fires followed by debris flows have the potential to 
extirpate occurrences (particularly small, isolated occurrences), 
especially when fire frequency increases. Burned uplands in the 
watersheds affect Santa Ana speckled dace habitat by producing silt-
and-ash-laden runoff that can fill in pools and significantly increase 
turbidity of rivers. Large wildfires have caused local extirpations in 
isolated dace occurrences (Expert Working Group 2023, p. 23). Wildfire 
will impact the Santa Ana speckled dace throughout its remaining range, 
although the location, frequency, and size of these events cannot be 
precisely predicted. An expected increase in wildfire frequency and 
severity is currently a substantial threat to Santa Ana speckled dace 
habitat. Changing climate conditions are a primary driver for this, as 
described below.
Changing Climate
    Climate change forecasts for the Northern Hemisphere predict warmer 
air temperatures, more intense precipitation events (both drought and 
flooding), and increased summer continental drying by the year 2100 
(Cayan et al. 2005, p. 6). The Santa Ana speckled dace requires cooler 
water, with temperatures that stay below 28 [deg]C (82 [deg]F). The 
species is capable of withstanding elevated water temperatures (Moyle 
et al. 2015, p. 11), but the lethal upper temperature limit is unknown. 
Fish are generally more stressed at the upper extremes of their 
temperature range, and although they may be able to survive, elevated 
temperature is an example of a stressor that may affect them through 
reduced disease resistance (Moyle et al. 2015, p. 11). Drought 
negatively impacts dace by reducing connectivity within currently 
occupied watersheds, further isolating dace, limiting available 
habitat, and degrading remaining habitat. Currently, impacts from 
climate change are considered moderate, but they are projected to 
increase in the future. Although average annual precipitation is 
predicted to increase, summer and fall flows are predicted be stable to 
slight decreases, which will reduce connectivity within currently 
occupied watersheds, further isolating dace, limiting available 
habitat, and degrading remaining habitat. Increases in precipitation 
from wintertime storms could have both beneficial impacts to the 
streams (mitigating impacts from drought including flushing systems, 
reconnecting isolated reaches). However, increases in wintertime 
precipitation in southern California due to climate change would most 
likely lead to more frequent intense storms that can initiate debris 
flows, both in burned and unburned settings. Additionally, increasing 
summer air temperatures and decreasing precipitation will likely impact 
the availability of suitable cooler-water habitat during the summer and 
fall months, when the Santa Ana speckled dace is already most 
vulnerable to low flows and high water temperatures.
    Regionally, the American Southwest has the hottest and driest 
climate in the United States. The current drought in the western United 
States is one of the worst in the last 1,200 years and is exacerbated 
by climate warming (Williams et al. 2020, p. 317). Climate

[[Page 65822]]

warming will make droughts longer, more severe, and more widespread in 
the future. Prolonged droughts can cause effects to Santa Ana speckled 
dace habitat (e.g., stream flows and the frequency and severity of 
wildfire) in detrimental ways.
    Climate change is also predicted to increase fire probability. 
Although the fire footprint is not likely to change--because most of 
the area within the range of the Santa Ana speckled dace has already 
burned--there is an increased probability of fires in the future.
    Increases in wintertime precipitation in southern California due to 
climate change would most likely lead to more frequent intense storms 
that can initiate debris flows, both in burned and unburned settings. 
The combination of elevated water temperatures with increased risks 
from drought (in summer), increased rainfall (in winter), and fire 
throughout the remaining range of the Santa Ana speckled dace suggests 
a higher threat from climate change in the future.
Nonnative Species
    Aquatic habitat may be modified by the presence of nonnative 
vegetation in a variety of ways. For the Santa Ana speckled dace, the 
giant reed (Arundo donax), an invasive, bamboo-like, perennial grass 
(Poaceae), poses a host of problems that degrade remaining habitats. 
Giant reed is commonly found growing along lakes, streams, and other 
wetted areas, and once established it can survive long periods of 
drought. Where dominant, giant reed is correlated with increased levels 
of pH and ammonia and decreased levels of dissolved oxygen (Moyle et 
al. 2015, p. 9). Compared to other riparian vegetation, it uses large 
amounts of water to support exceptionally high growth rates (Bell 1997, 
p. 104). This species is considered a primary threat to riparian 
corridors, and thus Santa Ana speckled dace habitat, because of its 
ease of establishment and spread and its ability to alter the hydrology 
of riparian systems (CDFW 2015, p. F-11).
    There are numerous nonnative fish species that are common in all 
four of the river systems where Santa Ana speckled daces are found. 
These species are concentrated in the reservoirs and degraded streams 
within these watersheds. Brown trout (Salmo trutta), hatchery-stocked 
rainbow trout (Oncorhynchus mykiss), and red shiners (Cyprinella 
lutrensis) can either directly compete with or predate on dace (Moyle 
et al. 2015, p. 9). The American bullfrog (Lithobates catesbeiana), 
another potential predator, has also been observed in Big Tujunga 
Creek, and may predate on varying life stages of the dace (Haines 
Creek) (ECORP Consulting Inc. 2013, pp. 29-31). Additionally, the red 
swamp crayfish (Procambarus clarkii), predates upon the Santa Ana 
speckled dace, is known from Big Tujunga Creek (O'Brien 2015, entire) 
and may also be more widespread. Dams and impoundments (such as 
engineered flood control dams, recreational dams, drop structures, and 
groundwater recharge basins) and pools created as the result of changes 
in hydrology from the giant reed can improve habitat for nonnative 
predators, allowing their populations to increase. Impacts from 
nonnative predators are rangewide and can be severe at the population 
scale. The conditions that promote exposure to predation are highly 
variable across locations and over time. Therefore, the threat of 
nonnatives to the Santa Ana speckled dace is considered a low to 
moderate threat.
Small Population Effects
    The Santa Ana speckled dace occurs mostly in small, isolated 
populations throughout its range. These small, isolated populations are 
vulnerable to a number of deleterious effects including: (1) 
demographic fluctuation due to random variation in birth and death 
rates and sex ratio; (2) environmental fluctuation in resource or 
habitat availability, predation, competitive interactions, and 
catastrophes; (3) reduction in cooperative interactions and subsequent 
decline in fertility and survival (i.e., Allee effects); (4) inbreeding 
depression reducing reproductive fitness; and (5) loss of genetic 
diversity reducing the ability to evolve and cope with environmental 
change (Traill et al. 2010, p. 29). In particular, small populations of 
Santa Ana speckled dace are more vulnerable to extirpation during 
catastrophic or stochastic events, such as flood events (that can 
physically wash dace away), debris flows (which are much more likely 
after fire and reduce habitat quality and population size), or 
sustained drought (that can result in the loss or reduction of surface 
flows and concomitant increases in water temperature). Isolation means 
that any remnant populations following these events are unlikely to 
benefit from demographic or genetic rescue, further elevating the risks 
of inbreeding depression, loss of genetic diversity, and reductions in 
evolutionary potential that can contribute to population extirpation. 
These small population effects interact with other factors to pose a 
low to moderate threat across the species' current range.

Cumulative and Synergistic Effects

    We note that, by using the SSA framework to guide our analysis of 
the scientific information documented in the SSA report, we have 
analyzed the cumulative effects of identified threats and conservation 
actions on the species. To assess the current and future condition of 
the species, we evaluate the effects of all the relevant factors that 
may be influencing the species, including threats and conservation 
efforts. Because the SSA framework considers not just the presence of 
the factors, but to what degree they collectively influence risk to the 
entire species, our assessment integrates the cumulative effects of the 
factors and replaces a standalone cumulative-effects analysis.

Conservation Efforts and Regulatory Mechanisms

    Several mechanisms provide a conservation benefit to the Federally-
listed Santa Ana sucker (Catostomus santaanae), which also provide a 
benefit to Santa Ana speckled dace where the species co-occur. A native 
fish facility is operated by the Riverside-Corona Resource Conservation 
District that rears native fish including Santa Ana sucker and Santa 
Ana speckled dace for multiple conservation efforts including research, 
temporary holding, breeding for augmentations and reintroductions, and 
educational purposes. The draft Upper Santa Ana River Habitat 
Conservation Plan (HCP) has a conservation strategy with objectives and 
actions that help benefit Santa Ana speckled dace in the Santa Ana 
River AU including long term monitoring, threats analysis, removing 
barriers and installing fishway passages to increase connectivity, 
nonnative species control, and salvage operations to relocate 
individuals after floods. The Santa Ana speckled dace is also a covered 
species under the Big Tujunga Dam Low-Effect HCP where Santa Ana 
speckled dace in the LA River AU benefit from multiple conservation 
measures. Avoidance and minimization measures are implemented to limit 
impacts on Santa Ana speckled dace and Santa Ana sucker, including the 
timing of dam releases, storing and releasing supplemental water during 
the dry season to improve habitat quality, habitat monitoring, dace 
monitoring, and potential habitat enhancement measures. Other 
regulatory mechanisms thought to have some potential to protect Santa 
Ana speckled dace include: (1) California Endangered Species Act (where 
the Santa Ana speckled dace co-occurs with State-

[[Page 65823]]

listed species), (2) California Environmental Quality Act, (3) National 
Environmental Policy Act, (4) the Clean Water Act, (5) the Endangered 
Species Act (where Santa Ana speckled dace co-occurs with other 
federally-listed species), and (6) land management or conservation 
measures by Federal, State, or local agencies or by private groups and 
organizations. Each of these regulatory mechanisms provide some level 
of support to help protect Santa Ana speckled dace throughout its 
range. Several State and Federal mechanisms currently provide a 
conservation benefit to the Federal- and State-listed Santa Ana sucker, 
which will also provide a benefit to Santa Ana speckled dace where the 
species co-occur.

Current Condition

    The historical distribution of the Santa Ana speckled dace once 
extended across the upland and middle reaches of the Los Angeles, San 
Gabriel, Santa Ana, and San Jacinto rivers. These systems were 
historically connected in the alluvial plain during flood events, 
allowing for connectivity among watersheds. Additionally, these areas 
provided suitable habitat as well as refuge for populations during 
stochastic and catastrophic events such as fire, drought, and debris 
flows. The historical viability afforded to daces by this diversity and 
extent of available habitats has been lost to development and other 
human impacts in the lower reaches of these watersheds. For the Santa 
Ana speckled dace, the impacts of these changes from historical to 
current conditions include reductions in currently available habitat, 
reduced quality of remaining available habitat, minimal to no 
connectivity among occupied river occurrences within and among 
watersheds, and presumed small population sizes based on declining 
detections over time and/or small numbers of observed fish. This 
historical context for the current status of the Santa Ana speckled 
dace sets the stage for the species' overall capacity to withstand 
environmental and demographic stochasticity and disturbances 
(resiliency), catastrophic events (redundancy), and novel changes in 
its biological and physical environment (representation).
    When determining population resiliency for the Santa Ana speckled 
dace, we examined the four currently occupied river systems as separate 
populations or analysis units: San Gabriel, Los Angeles, Santa Ana, and 
San Jacinto analysis units. We used four metrics representing habitat 
and demographic needs to evaluate resiliency at the analysis unit 
scale: amount of habitat, quality of habitat, connectivity, and 
population size. We determined the overall resiliency condition for 
each analysis unit by narratively integrating two habitat needs 
(habitat quality and amount of habitat) and two demographic needs (size 
of population and connectivity), with the size of population (i.e., 
abundance of individuals within a population) accounting for relatively 
more of the overall resiliency condition. We evaluated representation 
by examining available data on the breadth of genetic, phenotypic, and 
ecological diversity across the Santa Ana speckled dace's range from 
historical to current conditions, as well as the species' ability to 
disperse and colonize new areas. We evaluated redundancy by analyzing 
the number and distribution of populations from historical to current 
conditions relative to the magnitude of anticipated catastrophic 
events, such as floods and wildfires.
Resiliency
    The current condition of Santa Ana speckled dace populations varies 
among the four analysis units, with the San Gabriel analysis unit 
retaining the most high-quality and intact habitat across the range, 
and moderate resiliency. Relative to the other analysis units, this 
unit is more connected, although dispersal is limited among some 
occurrences due to permanent barriers. Santa Ana speckled dace 
populations appear to have low but stable abundance in this analysis 
unit; however, population size of the unit is considered moderate due 
to the number and quality of occupied river miles. In contrast, the Los 
Angeles analysis unit has less habitat available with degraded habitat 
quality and limited connectivity. Overall, this system has low 
resiliency; however, the Santa Ana speckled dace appears to be 
consistently present in low, though still relatively stable, numbers. 
The Santa Ana analysis unit has the most known occurrences and most 
occupied river miles, and low to moderate resiliency. Occupied 
occurrences are currently disconnected and remain largely isolated by 
the overall low flows. Abundance in the Santa Ana analysis unit is low 
but considered stable. Finally, the San Jacinto analysis unit is less 
impacted by human disturbance relative to the other analysis units, 
though available habitat is limited and only one small population is 
thought to remain extant, resulting in low resiliency. Overall, the two 
larger analysis units have moderate (San Gabriel) and low to moderate 
(Santa Ana) resiliency, contain the majority of occupied areas, and are 
likely to withstand stochastic events. The other two analysis units are 
smaller, have low resiliency, and are more at risk of extirpation from 
stochastic events. Table 1 shows the current condition of habitat and 
demographic needs and overall resiliency for each of the analysis 
units.

                                          Table 1--Overall Current Resiliency Conditions for Each Analysis Unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Population                Amount of  habitat      Quality of  habitat         Dispersal         Size of population *       Resiliency *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River..................  Low...................  Low/Moderate..........  Low/Moderate.........  Low..................  Low.
San Gabriel River..................  Moderate..............  Moderate..............  Moderate.............  Moderate.............  Moderate.
Santa Ana River....................  Moderate..............  Moderate..............  Low..................  Low/Moderate.........  Low/Moderate.
San Jacinto River..................  Low...................  Low/Moderate..........  Low/Moderate.........  Low..................  Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Resiliency is largely influenced by the size of population score, as this parameter is the most important in determining resiliency. Specifically, the
  resiliency score cannot be higher than the size of population score.

Representation
    Representation, or adaptive capacity, is maximized in a species 
with healthy populations distributed across the breadth of its 
evolutionary lineages and ecological niches that is capable of moving 
to new, suitable environments or capable of altering their physical or 
behavioral traits (phenotypes) to match changing environmental 
conditions through either plasticity or genetic change (Nicotra et al. 
2015, p. 1270; Beever et al. 2016, p. 132). By this definition, the 
adaptive capacity of the Santa Ana speckled dace from historical to 
current conditions has diminished due to the loss of historically 
occupied habitats across the range and isolation of

[[Page 65824]]

small remnant populations in headwater habitats. This has reduced 
representation of evolutionary lineages in each watershed and the 
diversity of occupied ecological niches (i.e., due to population 
extirpations and complete loss of lower watershed habitats). Remnant 
populations are relatively small and isolated, both within and across 
the four remaining analysis units. In spite of this, the number of 
miles of occupied streams is still relatively high, and it is unlikely 
that all populations will be impacted by threats evenly or in a 
significant way that would cause widespread extirpation.
    Disrupted connectivity and restriction to headwaters means that 
populations have limited capacity to colonize new habitats or shift 
their distribution to avoid or mitigate threats. Disrupted connectivity 
also reduces or eliminates gene flow, increasing the impacts of genetic 
drift and inbreeding, and reducing evolutionary potential that could 
allow populations to adapt to changing environmental conditions, such 
as warming stream temperatures.
    While other populations of speckled daces have shown plasticity in 
feeding behavior that facilitates responses to fluctuating resource 
availability, feeding plasticity is reduced in anthropogenically 
impacted populations (Behn and Baxter 2019, pp. 17-19) such as the 
Santa Ana speckled dace. Additionally, relative to other native fish, 
other species in the Santa Ana speckled dace complex have limited 
plasticity (i.e., acclimation capacity) in their upper thermal 
tolerance, reducing tolerance for increasing water temperatures 
(Carveth et al. 2006, pp. 1436-1438).
    Overall, these constraints on dispersal capacity, evolutionary 
potential, and plasticity, in combination with low to moderate 
resiliency of Santa Ana speckled dace populations, point to limited 
representation (adaptive capacity) within populations and across the 
species' range.
Redundancy
    As with representation, redundancy from historical to current 
conditions for the Santa Ana speckled dace has been diminished due to 
permanent loss of historically occupied habitats. In particular, loss 
of the lower reaches of the currently occupied watersheds has 
eliminated access to refugial habitats that historically protected fish 
from extirpation during stochastic and catastrophic events including 
fire, drought, and debris flows. These habitats also allowed for 
recolonization of upper headwaters once conditions improved. These 
habitat losses have placed all remaining remnant populations at a much 
higher risk of extirpation due to catastrophic and even less severe 
stochastic events. This is illustrated by fish salvage efforts (e.g., 
in the San Gabriel River analysis unit) that were needed after the 2020 
Bobcat Fire to protect populations from debris flows; historical access 
to lower-elevation habitats would likely have allowed populations to 
persist and recolonize naturally (i.e., without human intervention) in 
response to fire and debris flow events.
    Currently, the Santa Ana speckled dace occupies 17 occurrences 
across four analysis units. This relatively broad distribution provides 
some level of redundancy and helps ensure that multiple populations 
contribute to species viability since all occurrences are unlikely to 
be impacted simultaneously by any single catastrophic event. Two of the 
analysis units with low resiliency (Los Angeles River and San Jacinto 
River) are more at risk of stochastic and catastrophic events, and the 
loss of either of these would reduce redundancy. However, the other two 
analysis units are significantly larger and less likely to become 
extirpated from stochastic or catastrophic events. Overall, redundancy 
has been reduced compared to historical conditions. The fact that Santa 
Ana speckled daces have been able to naturally recolonize areas shortly 
after a catastrophic event suggests that there is recovery potential 
where risks can be mitigated via human intervention, which could help 
to maintain redundancy in the future.
Summary of Current Condition
    The Santa Ana speckled dace occurs in the San Gabriel, San 
Bernardino, and San Jacinto Mountain ranges in Los Angeles, San 
Bernardino and Riverside Counties, California. The majority of occupied 
habitat is on Federal lands, and the species occurs in 17 extant 
occurrences across four analysis units. Fish are largely restricted to 
the headwaters with a low to moderate quantity of habitat with moderate 
quality habitat readily available. There is limited connectivity within 
some of the populations, particularly in the Santa Ana River and San 
Jacinto River analysis units. Populations are generally stable 
currently, although smaller populations will be less able to withstand 
environmental and demographic stochasticity in the foreseeable future. 
The low to moderate resiliency across the four extant units, in 
addition to losses across the historical range, contributes to an 
overall reduced adaptive capacity for Santa Ana speckled dace 
populations, which may limit their ability to respond to novel changes 
in the environment. However, the species as a whole is generally 
resilient to periodic disturbances, and the species is consistently 
detected across the analysis units. Small population sizes not only 
increase risks from demographic and environmental stochasticity but 
also reduce the genetic and trait diversity that supports 
evolutionarily adaptive and plastic responses to change. Lack of 
connectivity and limited habitat availability also reduce the ability 
of populations to disperse in response to changing future conditions.
    Overall viability of the Santa Ana speckled dace is reduced 
relative to historical conditions, however there are currently 17 
extant populations across the range. We anticipate that while these 
populations are currently relatively stable, diminished viability over 
time may result in a low to moderate ability to sustain populations in 
the wild into the future. These are the baselines that we used when 
projecting the species' future condition.

Future Condition

    To analyze future conditions, we developed two plausible scenarios 
to assess how the species' needs, threats, and habitat conditions may 
change at both mid-century and late century. We considered what the 
Santa Ana speckled dace needs for species viability, and we evaluated 
the past, current, and future influences that are affecting habitat and 
demographic needs. Habitat loss, habitat degradation, habitat 
fragmentation, increased risk of wildfire, nonnative species, climate 
change, and small population sizes are the threats evaluated in the 
future scenarios, as they are projected to influence the viability of 
the Santa Ana speckled dace into the future. None of the threats we 
identified were insignificant enough to exclude from our future 
condition evaluation. We applied our future forecasts to the concepts 
of resiliency, representation, and redundancy to describe the future 
viability of the Santa Ana speckled dace.
    After evaluating the current threats described above, we determined 
that the Santa Ana speckled dace will likely continue to be impacted by 
all current identified threats. Because future changes in the global 
climate have the potential to affect a number of current threats, we 
developed two plausible future scenarios based on the recommended lower 
and upper bounds for climate change emissions scenarios, representative 
concentration pathway (RCP) 4.5 and RCP 8.5 at mid-century

[[Page 65825]]

(2030-2059) and late-century (2070-2099) timepoints (Service 2023b, p. 
10). We forecast the future scenarios at two timepoints (mid-century 
and late century) because these time periods are within the range of 
the available climate change model projections that we used to project 
changes in stream temperature, stream flow, and fire, and these model 
projections are considered the best available science (Service 2023a, 
pp. 15-16). Table 2, below, describes the change in parameters for each 
of the scenarios compared to the modeled baseline.
    These future scenarios examine the same threats identified above 
under Current Condition, including habitat loss, habitat degradation, 
habitat fragmentation, increased risk of wildfire, nonnative species, 
small population effects, and climate change (extreme precipitation 
metrics (10-year flood events), stream flows, and stream temperatures). 
For area burned, we used the Cal-Adapt boundary selection tool to 
upload AU shapefiles to aggregate annual hectares burned in each AU 
(where data were available) for each RCP model. Current threats are 
predicted to be ongoing based on analysis including climate change 
models, discussions with species experts and land managers, and review 
of reports and other literature. Impacts from recreation and other 
human-related impacts (including maintaining current dams that fragment 
the habitat) are expected to continue in the future, while all climate 
models predict the main impacts of climate change will continue through 
the century. Since invasive species are hard to eradicate, we predict 
plausible impacts from these species will continue in the future, 
although management decisions will influence the level of impact to 
some degree.
    For each scenario, we describe the threats that would occur in each 
analysis unit. We examined resiliency, representation, and redundancy 
under each of these two plausible scenarios. In this analysis, 
population resiliency depends on demographic conditions (including 
distribution size, population size, and connectivity) and the overall 
amount and quality of habitat that is available. Debris flows caused by 
heavy precipitation events (primarily wintertime storms that result in 
flood events), with or without the aggravating impact of wildfire burn 
scars, are a primary threat that influences resiliency for each 
analysis unit.

              Table 2--Future Scenario Comparison Table: Change in Parameters From Modeled Baseline
----------------------------------------------------------------------------------------------------------------
                                            Scenario 1: RCP4.5                      Scenario 2: RCP8.5
            Parameter            -------------------------------------------------------------------------------
                                      Mid-century        Late century         Mid-century        Late century
----------------------------------------------------------------------------------------------------------------
Fire Probability................  Slight increase: 1- Slight increase: 2- Increase: 8-13%     Significant
                                   6% increase.        9% increase.        increase.           increase: 12-22%
                                                                                               increase.
Fire: Area Burned...............  Current rate......  Current rate......  Slight increase...  Slight increase.
Mean Summer Stream Flows........  Stable to Slight    Stable to Slight    Stable to Slight    Stable to Slight
                                   decline.            decline.            decline.            decline.
Mean Winter Stream Flows........  Increase: 1.4-1.7   Increase: 1.1-1.4   Significant         Significant
                                   times higher.       times higher.       increase: 1.6-2.2   increase: 1.8-3.2
                                                                           times higher.       times higher.
10-year Flood Events............  Increase: 1.1-1.9   Slight increase:    Increase: 1.1-2.5   Significant
                                   times higher.       1.0-1.5 times       times higher.       increase: 1.2-3.6
                                                       higher.                                 times higher.
August Stream Temperatures......  1 [deg]C increase;  1.5 [deg]C          1.4 [deg]C          3.4 [deg]C
                                   Highest temp 24     increase; Highest   increase; Highest   increase; Highest
                                   [deg]C.             temp 24.5 [deg]C.   temp 24.4 [deg]C.   temp 26.4 [deg]C.
----------------------------------------------------------------------------------------------------------------

Scenario 1
    Resiliency--Under Scenario 1, a low-moderate emission scenario 
(RCP4.5) was used to predict impacts from threats related to climate 
change (including fire, stream flows, winter precipitation, and stream 
temperatures; see section 8.1 in the SSA report for more detail) at 
mid-century and late century. In this scenario, habitat loss, habitat 
degradation (human recreation activities, mining, roadways, and 
hydrological modifications and diversions), habitat fragmentation, 
nonnative species effects, and small population effects continue at the 
same rate. Impacts from a changing climate are already influencing 
Santa Ana speckled dace habitat in all analysis units and are projected 
to increase in the future under RCP4.5, albeit less than under RCP8.5. 
Based on the climate change projections, impacts from fire (area burned 
and fire frequency) and precipitation (primarily heavy winter 
precipitation and 10-year flood events) are predicted to vary based on 
the analysis unit, but in general the probability of fire and the 
magnitude of 10-year flood events will increase. Within the Santa Ana 
River analysis unit, resiliency is projected to slightly increase to 
moderate by mid-century in both emission scenarios due to a very slight 
increase (1% increase by mid-century and no change by late century) in 
fire risk, and the potentially beneficial impacts of higher flows in 
the absence of fire. As described above, modeled changes in wintertime 
base flows and the magnitude of 10-year flood events are proxies for 
changes in extreme precipitation/wintertime storms. Heavy precipitation 
events, with or without the aggravating impact of wildfire burn scars, 
have an outsized influence over future debris flows, which are widely 
acknowledged to lower resiliency of dace by reducing population size 
and degrading habitat. Resiliency is projected to be similar to current 
conditions at mid-century but is projected to decrease by late century. 
The future condition for the four analysis units under Scenario 1 is 
shown below in tables 3 and 4 for mid-century and late century 
projections, respectively.

                                             Table 3--Future Scenario 1 (RCP4.5) Mid-Century Condition Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Analysis unit                Amount of habitat      Quality of habitat          Dispersal          Size of population         Resiliency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River..................  Low...................  Low/Moderate..........  Low/Moderate.........  Low..................  Low.
San Gabriel River..................  Moderate..............  Low/Moderate..........  Moderate.............  Low/Moderate.........  Low/Moderate.
Santa Anta River...................  Moderate..............  Moderate..............  Low/Moderate.........  Moderate.............  Moderate.

[[Page 65826]]

 
San Jacinto River..................  Low...................  Low/Moderate..........  Low/Moderate.........  Low..................  Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                            Table 4--Future Scenario 1 (RCP4.5) Late Century Condition Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Analysis unit                Amount of habitat      Quality of habitat          Dispersal          Size of population         Resiliency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River..................  Low...................  Low...................  Low/Moderate.........  Low..................  Low.
San Gabriel River..................  Moderate..............  Low...................  Moderate.............  Low..................  Low.
Santa Anta River...................  Moderate..............  Moderate..............  Low/Moderate.........  Moderate.............  Moderate.
San Jacinto River..................  Low...................  Low/Moderate..........  Low/Moderate.........  Low..................  Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Representation--In this scenario, adaptive capacity is further 
reduced from historical levels with impacts to the four analysis units 
that represent the last remnants of the species' historical range (the 
headwaters of four river systems). The San Gabriel River analysis unit 
is projected to become more degraded by the increased risk of fire and 
high rainfall events, reducing dispersal capacity and evolutionary 
potential within the current stronghold analysis unit. The Santa Ana 
River analysis unit has the best chance of maintaining current habitat 
and population sizes as there is less risk of fire. The least resilient 
analysis units, the San Jacinto River and Los Angeles River, are likely 
to remain small due to increased fire risk. In summary, ongoing 
reductions in habitat quantity, habitat quality, connectivity, and 
population sizes will continue degrading representation rangewide, 
contributing to reduced ability to adapt to changing conditions in the 
future under this scenario.
    Redundancy--In this scenario, all four analysis units are projected 
to remain extant, although reduced resiliency and representation at 
late century put dace populations at higher risk of extirpation from 
catastrophic events. Although the distribution is projected to remain 
spread over four river systems, dace generally occur in the upper 
tributaries where there is a limited capacity to recover from high 
consequence events, such as fires, droughts, and debris flows. Two of 
the analysis units with low resiliency are more at risk of stochastic 
and catastrophic events, and the loss of either of these would reduce 
redundancy. The remaining two analysis units are significantly larger 
and less likely to become extirpated from stochastic or catastrophic 
events. The magnitude (i.e., flow levels) of 10-year flood events, 
representing potentially catastrophic events that could extirpate dace 
occurrences, are 1.1 to 1.9 times higher than baseline 10-year flood 
events by mid-century (see Service 2023a, appendix D, table D-5, p. 
86). In particular, Cajon Creek and the Santa Ana River Mainstem in the 
Santa Ana River analysis unit are projected to see flooding at 1.5 and 
1.9 times baseline flood levels, respectively, placing these 
occurrences at higher risk of extirpation. By late century, reduced 
emissions under RCP4.5 lower the magnitude of 10-year flood events to 
1.0-1.5 times baseline flood levels, slightly reducing the risk of 
extirpation due to debris flows caused by storms. Overall, it is 
unlikely that catastrophic events such as floods and subsequent debris 
flows would extirpate all current occurrences within an analysis unit, 
though some are at higher risk than others.
Scenario 2
    Resiliency--Under Scenario 2, a high emission scenario (RCP8.5) was 
used to evaluate impacts from threats related to increased risk of 
wildfire and climate change (stream flows, winter precipitation, and 
stream temperatures; see section 8.1 of the SSA report for more detail) 
at mid-century and late century. In this scenario, habitat loss, 
habitat degradation (human recreation activities, mining, roadways, and 
hydrological modifications and diversions), habitat fragmentation, 
nonnative species effects, and small population effects continue at the 
same rate. Impacts from a changing climate are already influencing 
Santa Ana speckled dace in all analysis units, and the future impacts 
under RCP8.5 will continue to increase. Climate change projections 
predict increases in the probability of fire and the magnitude of 10-
year flood events. As described above, modeled changes in wintertime 
base flows and the magnitude of 10-year flood events are proxies for 
changes in extreme precipitation/wintertime storms. Heavy precipitation 
events, with or without the aggravating impact of wildfire burn scars, 
have an outsized influence over future debris flows, which are widely 
acknowledged to lower resiliency of dace by reducing population size 
and degrading habitat. Under Scenario 2, at mid-century, all 
populations are projected to be at low resiliency and are more at risk 
of stochastic events; by late century, two of the analysis units will 
also be at risk of extirpation. The future conditions for the four 
analysis units projected under Scenario 2 for mid-century and late 
century are shown in tables 5 and 6, respectively.

                                             Table 5--Future Scenario 2 (RCP8.5) Mid-Century Condition Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Analysis unit                Amount of habitat      Quality of habitat          Dispersal          Size of population         Resiliency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River..................  Low...................  Low...................  Low/Moderate.........  Low..................  Low.
San Gabriel River..................  Moderate..............  Low...................  Low/Moderate.........  Low..................  Low.
Santa Anta River...................  Moderate..............  Low/Moderate..........  Low/Moderate.........  Low..................  Low.
San Jacinto River..................  Low...................  Low...................  Low/Moderate.........  Low..................  Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 65827]]


                                            Table 6--Future Scenario 2 (RCP8.5) Late Century Condition Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Analysis unit                Amount of habitat      Quality of habitat          Dispersal          Size of population         Resiliency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River..................  Low...................  Low...................  Low/Moderate.........  Extirpated...........  Extirpated.
San Gabriel River..................  Low/Moderate..........  Low...................  Low..................  Low..................  Low.
Santa Anta River...................  Low/Moderate..........  Low...................  Low..................  Low..................  Low.
San Jacinto River..................  Low...................  Low...................  Low/Moderate.........  Extirpated...........  Extirpated.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Representation--In this scenario, due to the heightened threats 
described in Scenario 2 the trajectory for projected loss of 
representation relative to historical and current conditions is more 
severe when compared to Scenario 1. This is driven by the potential 
extirpation of two of the four AUs, which represent the most southern 
and most western populations. These extirpations would represent 
complete loss of evolutionary lineages and occupancy of potentially 
unique habitats across the species' range. These decreases in the 
species' range would limit recovery potential as genetic and phenotypic 
diversity and the corresponding adaptive capacity in these AUs would be 
permanently lost.
    Representation--In this scenario, the extirpation of two AUs by 
late century and low condition for all AUs at mid-century points to a 
sharp drop in redundancy across the species' range. In addition to 
reductions in resiliency, all AUs face elevated risks from high 
magnitude 10-year flood events at both mid and late-century, which 
correlates to higher risk of debris flows. In particular, all eight 
current occurrences within the Santa Ana AU will see 10-year flood 
events that are 1.4-2.5 times baseline flood levels at mid-century, 
placing the entire AU at risk from catastrophic debris flow events from 
extreme precipitation events. By late century, the magnitude of 10-year 
flood events is 1.2-3.6 times baseline flood flows rangewide, with 
almost all occurrences facing significantly higher 10-year flood 
levels, elevating AU-wide extirpation risks. Combined with reduced 
resiliency, these increases in potentially catastrophic flood events 
(and resulting debris flows from storms) indicate that at least two AUs 
are likely to be extirpated under Scenario 2 by late-century.
Summary of Future Condition
    Future scenarios for the Santa Ana speckled dace point to 
conditions that will further degrade the viability of the species. 
Under a low to moderate emissions climate change scenario (Scenario 1, 
RCP4.5), one of the four analysis units (Santa Ana River) will have 
moderate resiliency given stochastic environmental and demographic 
disturbances through late century. Low resiliency across the remainder 
of the range will contribute to ongoing reductions in adaptive capacity 
and place populations at high risk of extirpation from catastrophic 
events due to limited capacity to respond and recover from high 
consequence events, including increased fire and debris flows. Under a 
higher emissions climate change scenario (Scenario 2, RCP8.5), two 
analysis units are projected to be extirpated by late century, with the 
remaining two units in low condition. All units will face elevated 
risks of extirpation from high-magnitude flood events. Losses of 
redundancy and representation rangewide, including the extirpation of 
two analysis units, will dramatically reduce overall species viability. 
Overall, future species resiliency is projected to be low, 
representation will become limited, and reduced redundancy will place 
the species at high risk from catastrophic events. Thus, the Santa Ana 
speckled dace will have less capacity to sustain populations in the 
wild in the future, reducing viability and elevating extinction risk. 
Table 7, below, describes the comparison between current condition and 
future condition for the species.

                                             Table 7--Current and Future Condition Category Comparison Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Mid-century future      Mid-century future    Late century future    Late century future
           Analysis unit                     Current               scenario 1              scenario 2             scenario 1             scenario 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles River..................  Low...................  Low...................  Low..................  Low..................  Extirpated.
San Gabriel River..................  Moderate..............  Low/Moderate..........  Low..................  Low..................  Low.
Santa Anta River...................  Low/Moderate..........  Moderate..............  Low..................  Moderate.............  Low.
San Jacinto River..................  Low...................  Low...................  Low..................  Low..................  Extirpated.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Determination of Santa Ana Speckled Dace's Status

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

Status Throughout All of Its Range

    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the Act's section 4(a)(1) 
factors, we found that habitat loss, habitat degradation, and habitat 
fragmentation (all Factor A) are the most substantial threats to the 
species' viability. Within the foreseeable future, we anticipate that 
heavier debris flows pose the greatest future threat to the Santa Ana 
speckled dace's viability. Increased debris flows, driven by an 
increase in heavy rainfall and wildfire, are projected to impact 
habitat quality

[[Page 65828]]

and lead to future loss of habitat, particularly by late century. 
Effects from climate change are also projected to increase the 
probability of fire and affect habitat quality by raising water 
temperatures in summer and winter. We also considered the effects of 
nonnative species and the effects of small population size for their 
cumulative effects.
    Given the presence of 17 populations across the four AUs that 
comprise the range of the Santa Ana speckled dace, and their general 
stability in terms of occurrence (detectability) and reproduction, the 
species is able to maintain its current resiliency. Historical 
constraints on dispersal capacity, evolutionary potential, and 
plasticity have reduced representation for the Santa Ana speckled dace. 
However, despite historical losses across the range, the species is 
currently extant among 17 occurrences, occupying 76 stream miles across 
four river systems. Having multiple populations provides redundancy 
against large catastrophic events, and it is unlikely that a single 
event would cause extinction across the species' range. When 
connectivity is still intact, populations have shown the ability to 
naturally recolonize areas affected by catastrophic events, which 
indicates that there is still some level of redundancy within 
populations (including the 2020 Bobcat Fire which impacted both the 
West Fork San Gabriel River and Bear Creek). Salvage efforts are also 
utilized to boost resiliency after flooding.
    Santa Ana speckled dace populations are currently stable and 
reproducing, albeit at relatively low numbers. Small, isolated 
populations with reduced genetic diversity may magnify risk from 
demographic and environmental stochasticity. Lack of connectivity and 
limited habitat availability also reduce the ability of populations to 
shift in space in response to environmental change. However, the 
species shows resiliency in response to periodic disturbance, and fish 
are consistently found in the river systems they occupy. In addition, 
survey data indicate that in spite of multi-decadal threats and 
impacts, the species still occupies populations across its range. 
Furthermore, with four analysis units that have low to moderate 
resiliency, it is likely that the species will withstand stochastic 
events under current conditions. Given the current levels of 
resiliency, representation, and redundancy of the Santa Ana speckled 
dace across its range, and the relative stability the species maintains 
within each analysis unit, we conclude that the species is not 
currently in danger of extinction throughout all of its range.
    We next considered whether the Santa Ana speckled dace is likely to 
become in danger of extinction within the foreseeable future throughout 
all of its range. In considering the foreseeable future for the 
species, we analyzed expected changes in habitat availability, habitat 
degradation, habitat fragmentation, increased risk of wildfire, 
presence of nonnative species, climate change, and small population 
sizes to mid-century (2030-2059) and late-century (2070-2099) 
timepoints (Service 2023a, pp. 35-46). We determined that these 
timeframes represent periods for which we can make reasonably reliable 
predictions about both the threats to the species and the species' 
response to those threats.
    Under a low to moderate emissions climate change scenario (Scenario 
1, RCP4.5), resiliency at mid-century will be similar to current 
conditions, remaining low to moderate across the four analysis units. 
Representation and redundancy will also be comparable to current 
conditions. Because of similar conditions in Scenario 1, the Santa Ana 
speckled dace's viability at mid-century is not expected to change from 
its current level. However, there is still uncertainty about the level 
of impact that debris flows and a generally increased risk of wildfire 
might have on habitat quality amid changing climate conditions. Under a 
higher emissions climate change scenario (Scenario 2, RCP8.5), all four 
analysis units are projected to have low resiliency by mid-century, 
putting them all at risk of extirpation from stochastic events. 
Representation is also projected to be diminished, making it harder for 
the Santa Ana speckled dace to adapt and recover from adverse 
conditions. Redundancy is also reduced from current condition, 
increasing the likelihood of extirpation. Overall, the Santa Ana 
speckled dace will experience ongoing declines due to primary threats, 
and a reduced overall capacity to sustain populations in the wild into 
the future, substantially reducing viability and elevating extinction 
risk. Secondary threats, while not influencing viability in significant 
ways currently, could have more pronounced adverse effects given 
continuous declines in future condition. Thus, after assessing the best 
available information, we conclude that the Santa Ana speckled dace is 
not currently in danger of extinction but is likely to become in danger 
of extinction within the foreseeable future throughout all of its 
range.

Status Throughout a Significant Portion of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
within the foreseeable future throughout all or a significant portion 
of its range. The court in Center for Biological Diversity v. Everson, 
435 F. Supp. 3d 69 (D.D.C. 2020) (Everson), vacated the provision of 
the Final Policy on Interpretation of the Phrase ``Significant Portion 
of Its Range'' in the Endangered Species Act's Definitions of 
``Endangered Species'' and ``Threatened Species'' (hereafter ``Final 
Policy''; 79 FR 37578, July 1, 2014) that provided if the Service 
determines that a species is threatened throughout all of its range, 
the Service will not analyze whether the species is endangered in a 
significant portion of its range.
    Therefore, we proceed to evaluating whether the species is 
endangered in a significant portion of its range--that is, whether 
there is any portion of the species' range for which both (1) the 
portion is significant; and (2) the species is in danger of extinction 
in that portion. Depending on the case, it might be more efficient for 
us to address the ``significance'' question or the ``status'' question 
first. We can choose to address either question first. Regardless of 
which question we address first, if we reach a negative answer with 
respect to the first question that we address, we do not need to 
evaluate the other question for that portion of the species' range.
    Following the court's holding in Everson, we now consider whether 
the species is in danger of extinction in a significant portion of its 
range. In undertaking this analysis for the Santa Ana speckled dace, we 
choose to address the status question first.
    We evaluated the range of the Santa Ana speckled dace to determine 
if the species is currently in danger of extinction in any portion of 
its range. The range of a species can theoretically be divided into 
portions in an infinite number of ways. We focused our analysis on 
portions of the species' range that may meet the Act's definition of an 
endangered species. For the Santa Ana speckled dace, we considered 
whether the threats or their effects on the species are greater in any 
biologically meaningful portion of the species' range than in other 
portions such that the species is currently in danger of extinction in 
that portion. For our analysis, we examined the following threats: 
habitat loss, habitat degradation, habitat fragmentation, increased 
risk of wildfire, changing climate trends,

[[Page 65829]]

nonnative species, and small population effects.
    While threats that may impact the Santa Ana speckled dace are not 
concentrated in any geographic areas within the range, our analysis 
indicated that two analysis units within the range may be more 
vulnerable to extirpation than the other two. The Los Angeles River 
analysis unit is a smaller unit with two occupied Santa Ana speckled 
dace occurrences. While these occurrences are connected, the analysis 
unit has limited available habitat, degraded habitat quality, and 
consistently low abundance estimates. The amount of available habitat 
within this unit, with 15 miles of occupied habitat, was rated as low 
because there are less than 20 stream miles of occupied habitat that 
does not require some form of management to maintain. Habitat quality 
within the analysis unit was rated as low to moderate because some of 
the essential features, including habitat free of nonnative species, 
adequate flows, appropriate water quality, and proper substrate, are 
degraded.
    The San Jacinto River analysis unit is the smallest and least 
surveyed of the analysis units, occurring mostly within Tribal lands. 
Occurrences within this analysis unit are not influenced by high levels 
of human impact (e.g., urbanization). Instead, impacts from drought, 
fire, and debris flows are the main threats affecting resiliency in 
this analysis unit. Nonnative species are present in the North and 
South Forks of the San Jacinto River, which may have contributed to the 
possible extirpation of Santa Ana speckled dace from these sites. The 
analysis unit has 2.8 miles of occupied habitat, which again rates as 
low because there are less than 20 stream miles of occupied habitat, 
with one known occupied occurrence. Other occurrences were reported as 
extant in the recent past but are now possibly extirpated even though 
these areas are still considered suitable. Habitat quality within the 
analysis unit was rated as low to moderate because some of the 
essential features, including habitat free of nonnative species and 
adequate flows, are degraded. Connectivity is considered low to 
moderate because the one extant occurrence is connected to historically 
occupied habitat that could become occupied again in the future, making 
dispersal possible between these areas. Size of population was rated as 
low due to only one known extant occurrence with flows becoming very 
small during dry conditions, limiting dace abundance within the 
analysis unit.
    Because of the current condition due to the threats described 
above, we determined these portions may have a different status than 
the rest of the range and then considered whether these portions may be 
significant. Collectively, the Los Angeles River analysis unit and the 
San Jacinto River analysis unit account for 3 of 17 (17.6 percent) of 
occurrences, and account for 23.5 percent of occupied river miles 
within the range of the Santa Ana speckled dace. Therefore, together 
these portions collectively comprise only about 18 percent of overall 
Santa Ana speckled dace occurrences and account for less than 25 
percent of total river miles within the species' range. The San Jacinto 
River analysis unit is spatially disjunct and may have unique genetic 
alleles within the range of the species, because of its location mostly 
within Tribal lands that do not experience the effects of human 
activities such as urbanization or recreation. However, both analysis 
units have relatively lower habitat quality compared to the other two 
analysis units. Thus, the Los Angeles River analysis unit and the San 
Jacinto River analysis unit do not constitute a large geographic area 
relative to the other two analysis units, nor do we find them to be 
individually or collectively significant. We found no other 
biologically meaningful portions of the Santa Ana speckled dace's range 
where the biological condition of the species may differ from its 
condition elsewhere in its range such that the status of the species in 
that portion may differ from any other portion of the species' range.
    Therefore, no portion of the species' range provides a basis for 
determining that the species is currently in danger of extinction in a 
significant portion of its range, and we determine that the species is 
likely to become in danger of extinction within the foreseeable future 
throughout all of its range. This does not conflict with the courts' 
holdings in Desert Survivors v. U.S. Department of the Interior, 321 F. 
Supp. 3d 1011, 1070-74 (N.D. Cal. 2018) and Center for Biological 
Diversity v. Jewell, 248 F. Supp. 3d 946, 959 (D. Ariz. 2017) because, 
in reaching this conclusion, we did not apply the aspects of the Final 
Policy, including the definition of ``significant'' that those court 
decisions held to be invalid.

Determination of Status

    Our review of the best available scientific and commercial 
information indicates that the Santa Ana speckled dace meets the Act's 
definition of a threatened species. Therefore, we propose to list the 
Santa Ana speckled dace as a threatened species in accordance with 
sections 3(20) and 4(a)(1) of the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition as a listed 
species, planning and implementation of recovery actions, requirements 
for Federal protection, and prohibitions against certain practices. 
Recognition through listing results in public awareness, and 
conservation by Federal, State, Tribal, and local agencies, foreign 
governments, private organizations, and individuals. The Act encourages 
cooperation with the States and other countries and calls for recovery 
actions to be carried out for listed species. The protection required 
by Federal agencies, including the Service, and the prohibitions 
against certain activities are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Section 4(f) of the Act calls for the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The goal of this process is to restore listed 
species to a point where they are secure, self-sustaining, and 
functioning components of their ecosystems.
    The recovery planning process begins with development of a recovery 
outline made available to the public soon after a final listing 
determination. The recovery outline guides the immediate implementation 
of urgent recovery actions while a recovery plan is being developed. 
Recovery teams (composed of species experts, Federal and State 
agencies, nongovernmental organizations, and stakeholders) may be 
established to develop and implement recovery plans. The recovery 
planning process involves the identification of actions that are 
necessary to halt and reverse the species' decline by addressing the 
threats to its survival and recovery. The recovery plan identifies 
recovery criteria for review of when a species may be ready for 
reclassification from endangered to threatened (``downlisting'') or 
removal from protected status (``delisting''), and methods for 
monitoring recovery progress. Recovery plans also establish a framework 
for agencies to coordinate their recovery efforts and provide estimates 
of the cost of implementing

[[Page 65830]]

recovery tasks. Revisions of the plan may be done to address continuing 
or new threats to the species, as new substantive information becomes 
available. The recovery outline, draft recovery plan, final recovery 
plan, and any revisions will be available on our website as they are 
completed (https://www.fws.gov/program/endangered-species), or from our 
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribes, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands.
    If this species is listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost-share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of California would be 
eligible for Federal funds to implement management actions that promote 
the protection or recovery of the Santa Ana speckled dace. Information 
on our grant programs that are available to aid species recovery can be 
found at: https://www.fws.gov/service/financial-assistance.
    Although the Santa Ana speckled dace is only proposed for listing 
under the Act at this time, please let us know if you are interested in 
participating in recovery efforts for this species. Additionally, we 
invite you to submit any new information on this species whenever it 
becomes available and any information you may have for recovery 
planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7 of the Act is titled Interagency Cooperation and mandates 
all Federal action agencies to use their existing authorities to 
further the conservation purposes of the Act and to ensure that their 
actions are not likely to jeopardize the continued existence of listed 
species or adversely modify critical habitat. Regulations implementing 
section 7 are codified at 50 CFR part 402.
    Section 7(a)(2) states that each Federal action agency shall, in 
consultation with the Secretary, ensure that any action they authorize, 
fund, or carry out is not likely to jeopardize the continued existence 
of a listed species or result in the destruction or adverse 
modification of designated critical habitat. Each Federal agency shall 
review its action at the earliest possible time to determine whether it 
may affect listed species or critical habitat. If a determination is 
made that the action may affect listed species or critical habitat, 
formal consultation is required (50 CFR 402.14(a)), unless the Service 
concurs in writing that the action is not likely to adversely affect 
listed species or critical habitat. At the end of a formal 
consultation, the Service issues a biological opinion, containing its 
determination of whether the Federal action is likely to result in 
jeopardy or adverse modification.
    In contrast, section 7(a)(4) of the Act requires Federal agencies 
to confer with the Service on any action which is likely to jeopardize 
the continued existence of any species proposed to be listed under the 
Act or result in the destruction or adverse modification of critical 
habitat proposed to be designated for such species. Although the 
conference procedures are required only when an action is likely to 
result in jeopardy or adverse modification, action agencies may 
voluntarily confer with the Service on actions that may affect species 
proposed for listing or critical habitat proposed to be designated. In 
the event that the subject species is listed or the relevant critical 
habitat is designated, a conference opinion may be adopted as a 
biological opinion and serve as compliance with section 7(a)(2) of the 
Act.
    Examples of discretionary actions for the Santa Ana speckled dace 
that may be subject to conference and consultation procedures under 
section 7 are land management or other landscape-altering activities on 
Federal lands administered by the U.S. Forest Service and the U.S. Army 
Corps of Engineers, as well as actions on State, Tribal, local, or 
private lands that require a Federal permit (such as a permit from the 
U.S. Army Corps of Engineers under section 404 of the Clean Water Act 
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10 
of the Act) or that involve some other Federal action (such as funding 
from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat--and actions 
on State, Tribal, local, or private lands that are not federally 
funded, authorized, or carried out by a Federal agency--do not require 
section 7 consultation. Federal agencies should coordinate with the 
local Service Field Office (see FOR FURTHER INFORMATION CONTACT, above) 
with any specific questions on section 7 consultation and conference 
requirements.

II. Protective Regulations Under Section 4(d) of the Act for the Santa 
Ana Speckled Dace

Background

    Section 4(d) of the Act contains two sentences. The first sentence 
states that the Secretary shall issue such regulations as she deems 
necessary and advisable to provide for the conservation of species 
listed as threatened species. Conservation is defined in the Act to 
mean the use of all methods and procedures which are necessary to bring 
any endangered species or threatened species to the point at which the 
measures provided pursuant to the Act are no longer necessary. 
Additionally, the second sentence of section 4(d) of the Act states 
that the Secretary may by regulation prohibit with respect to any 
threatened species any act prohibited under section 9(a)(1), in the 
case of fish or wildlife, or section 9(a)(2), in the case of plants. 
With these two sentences in section 4(d), Congress delegated broad 
authority to the Secretary to determine what protections would be 
necessary and advisable to provide for the conservation of threatened 
species, and even broader authority to put in place any of the section 
9 prohibitions for a given species.
    The courts have recognized the extent of the Secretary's discretion 
under this standard to develop rules that are appropriate for the 
conservation of a species. For example, courts have upheld, as a valid 
exercise of agency authority, rules developed under section 4(d) that 
included limited prohibitions against takings (see Alsea Valley 
Alliance v. Lautenbacher, 2007 WL 2344927 (D. Or. 2007); Washington 
Environmental Council v. National Marine Fisheries Service, 2002 WL 
511479 (W.D. Wash. 2002)). Courts have also upheld 4(d) rules that do 
not address all of the threats a species faces (see State of Louisiana 
v. Verity, 853 F.2d 322 (5th Cir. 1988)). As noted in the legislative 
history when the Act was initially enacted, ``once an animal is on the 
threatened list, the Secretary has an almost infinite number of options 
available to [her] with regard to the permitted activities for those 
species.

[[Page 65831]]

[She] may, for example, permit taking, but not importation of such 
species, or [she] may choose to forbid both taking and importation but 
allow the transportation of such species'' (H.R. Rep. No. 412, 93rd 
Cong., 1st Sess. 1973).
    The provisions of this species' proposed protective regulations 
under section 4(d) of the Act are one of many tools that we would use 
to promote the conservation of the Santa Ana speckled dace. The 
proposed protective regulations would apply only if and when we make 
final the listing of the Santa Ana speckled dace as a threatened 
species. Nothing in 4(d) rules change in any way the recovery planning 
provisions of section 4(f) of the Act, the consultation requirements 
under section 7 of the Act, or the ability of the Service to enter into 
partnerships for the management and protection of the Santa Ana 
speckled dace. As mentioned previously in Available Conservation 
Measures, section 7(a)(2) of the Act requires Federal agencies, 
including the Service, to ensure that any action they authorize, fund, 
or carry out is not likely to jeopardize the continued existence of any 
endangered species or threatened species or result in the destruction 
or adverse modification of designated critical habitat of such species. 
In addition, even before the listing of any species or the designation 
of its critical habitat is finalized, section 7(a)(4) of the Act 
requires Federal agencies to confer with the Service on any agency 
action which is likely to jeopardize the continued existence of any 
species proposed to be listed under the Act or result in the 
destruction or adverse modification of critical habitat proposed to be 
designated for such species. These requirements are the same for a 
threatened species regardless of what is included in its 4(d) rule.
    Section 7 consultation is required for Federal actions that ``may 
affect'' a listed species regardless of whether take caused by the 
activity is prohibited or excepted by a 4(d) rule (``blanket rule'' or 
species-specific 4(d) rule). A 4(d) rule does not change the process 
and criteria for informal or formal consultations and does not alter 
the analytical process used for biological opinions or concurrence 
letters. For example, as with an endangered species, if a Federal 
agency determines that an action is ``not likely to adversely affect'' 
a threatened species, this will require the Service's written 
concurrence (50 CFR 402.13(c)). Similarly, if a Federal agency 
determinates that an action is ``likely to adversely affect'' a 
threatened species, the action will require formal consultation with 
the Service and the formulation of a biological opinion (50 CFR 
402.14(a)). Because consultation obligations and processes are 
unaffected by 4(d) rules, we may consider developing tools to 
streamline future intra-Service and inter-Agency consultations for 
actions that result in forms of take that are not prohibited by the 
4(d) rule (but that still require consultation). These tools may 
include consultation guidance, Information for Planning and 
Consultation effects determination keys, template language for 
biological opinions, or programmatic consultations.

Provisions of the Proposed 4(d) Rule for the Santa Ana Speckled Dace

    Exercising the Secretary's authority under section 4(d) of the Act, 
we have developed a proposed rule that is designed to address the Santa 
Ana speckled dace's conservation needs. As discussed above under 
Summary of Biological Status and Threats, we have concluded that the 
Santa Ana speckled dace is likely to become in danger of extinction 
within the foreseeable future primarily due to impacts to habitat, 
wildfire, climate change, nonnative species, and effects of small 
population size. Section 4(d) requires the Secretary to issue such 
regulations as she deems necessary and advisable to provide for the 
conservation of each threatened species and authorizes the Secretary to 
include among those protective regulations any of the prohibitions that 
section 9(a)(1) of the Act prescribes for endangered species. We are 
not required to make a ``necessary and advisable'' determination when 
we apply or do not apply specific section 9 prohibitions to a 
threatened species (In re: Polar Bear Endangered Species Act Listing 
and 4(d) Rule Litigation, 818 F. Supp. 2d 214, 228 (D.D.C. 2011) 
(citing Sweet Home Chapter of Cmtys. for a Great Or. v. Babbitt, 1 F.3d 
1, 8 (D.C. Cir. 1993), rev'd on other grounds, 515 U.S. 687 (1995))). 
Nevertheless, even though we are not required to make such a 
determination, we have chosen to be as transparent as possible and 
explain below why we find that, if finalized, the protections, 
prohibitions, and exceptions in this proposed rule as a whole satisfy 
the requirement in section 4(d) of the Act to issue regulations deemed 
necessary and advisable to provide for the conservation of the Santa 
Ana speckled dace.
    The protective regulations we are proposing for the Santa Ana 
speckled dace incorporate prohibitions from section 9(a)(1) of the Act 
to address the threats to the species. The prohibitions of section 
9(a)(1) of the Act, and implementing regulations codified at 50 CFR 
17.21, make it illegal for any person subject to the jurisdiction of 
the United States to commit, to attempt to commit, to solicit another 
to commit or to cause to be committed any of the following acts with 
regard to any endangered wildlife: (1) import into, or export from, the 
United States; (2) take (which includes harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect) within the United 
States, within the territorial sea of the United States, or on the high 
seas; (3) possess, sell, deliver, carry, transport, or ship, by any 
means whatsoever, any such wildlife that has been taken illegally; (4) 
deliver, receive, carry, transport, or ship in interstate or foreign 
commerce, by any means whatsoever and in the course of commercial 
activity; or (5) sell or offer for sale in interstate or foreign 
commerce. This proposed protective regulation includes all of these 
prohibitions because the Santa Ana speckled dace is at risk of 
extinction within the foreseeable future and putting these prohibitions 
in place will help to prevent further declines, preserve the species' 
remaining populations, slow its rate of decline, and decrease 
synergistic, negative effects from other ongoing or future threats.
    In particular, this proposed 4(d) rule would provide for the 
conservation of the Santa Ana speckled dace by prohibiting the 
following activities, unless they fall within specific exceptions or 
are otherwise authorized or permitted: importing or exporting; take; 
possession and other acts with unlawfully taken specimens; delivering, 
receiving, carrying, transporting, or shipping in interstate or foreign 
commerce in the course of commercial activity; or selling or offering 
for sale in interstate or foreign commerce.
    Under the Act, ``take'' means to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct. Some of these provisions have been further defined in 
regulations at 50 CFR 17.3. Take can result knowingly or otherwise, by 
direct and indirect impacts, intentionally or incidentally. Regulating 
take would help preserve the species' remaining populations, slow their 
rate of decline, and decrease cumulative effects from other ongoing or 
future threats. Therefore, we propose to prohibit take of the Santa Ana 
speckled dace, except for take resulting from those actions and 
activities specifically excepted by the 4(d) rule.
    Exceptions to the prohibition on take would include all the general 
exceptions to the prohibition on take of endangered wildlife, as set 
forth in 50

[[Page 65832]]

CFR 17.21, and additional exceptions, as described below.
    Despite these prohibitions regarding threatened species, we may 
under certain circumstances issue permits to carry out one or more 
otherwise-prohibited activities, including those described above. The 
regulations that govern permits for threatened wildlife state that the 
Director may issue a permit authorizing any activity otherwise 
prohibited with regard to threatened species. These include permits 
issued for the following purposes: for scientific purposes, to enhance 
propagation or survival, for economic hardship, for zoological 
exhibition, for educational purposes, for incidental taking, or for 
special purposes consistent with the purposes of the Act (50 CFR 
17.32). The statute also contains certain exemptions from the 
prohibitions, which are found in sections 9 and 10 of the Act.
    In addition, to further the conservation of the species, any 
employee or agent of the Service, any other Federal land management 
agency, the National Marine Fisheries Service, a State conservation 
agency, or a federally recognized Tribe, who is designated by their 
agency or Tribe for such purposes, may, when acting in the course of 
their official duties, take threatened wildlife without a permit if 
such action is necessary to: (i) Aid a sick, injured, or orphaned 
specimen; or (ii) Dispose of a dead specimen; or (iii) Salvage a dead 
specimen that may be useful for scientific study; or (iv) Remove 
specimens that constitute a demonstrable but nonimmediate threat to 
human safety, provided that the taking is done in a humane manner; the 
taking may involve killing or injuring only if it has not been 
reasonably possible to eliminate such threat by live capturing and 
releasing the specimen unharmed, in an appropriate area.
    We recognize the special and unique relationship that we have with 
our State natural resource agency partners in contributing to 
conservation of listed species. State agencies often possess scientific 
data and valuable expertise on the status and distribution of 
endangered, threatened, and candidate species of wildlife and plants. 
State agencies, because of their authorities and their close working 
relationships with local governments and landowners, are in a unique 
position to assist us in implementing all aspects of the Act. In this 
regard, section 6 of the Act provides that we must cooperate to the 
maximum extent practicable with the States in carrying out programs 
authorized by the Act. Therefore, any qualified employee or agent of a 
State conservation agency that is a party to a cooperative agreement 
with us in accordance with section 6(c) of the Act, who is designated 
by his or her agency for such purposes, would be able to conduct 
activities designed to conserve the Santa Ana speckled dace that may 
result in otherwise prohibited take without additional authorization.
    The proposed 4(d) rule would also provide for the conservation of 
the species by allowing exceptions that incentivize conservation 
actions or that, while they may have some minimal level of take of the 
Santa Ana speckled dace, are not expected to rise to the level that 
would have a negative impact (i.e., would have only de minimis impacts) 
on the species' conservation. The proposed exceptions to the 4(d) 
rule's prohibitions include incidental take caused by: (1) forest or 
wildland management activities that are intended to minimize negative 
impacts from forest management rangewide, including activities 
conducted to maintain the minimum clearance (defensible space) 
requirement from structures to reduce wildfire risks consistent with 
State fire codes or local fire codes or ordinances; (2) habitat 
restoration and enhancement activities conducted as part of 
nonpermitted Federal or State habitat restoration plans that are for 
the benefit of the Santa Ana speckled dace or its habitat; and (3) 
removal of nonnative species (including removal of invasive, nonnative 
plants and aquatic predators) for the benefit of the Santa Ana speckled 
dace and its habitat. These proposed exceptions, as discussed below, 
are expected to have negligible or beneficial impacts to the Santa Ana 
speckled dace and its habitat.

Proposed Species-Specific Incidental Take Exceptions

    We propose to except from the take prohibitions in the 4(d) rule 
those forest or wildland management activities that are intended to 
minimize negative impacts from forest management rangewide. Since the 
listing of the Santa Ana sucker (Catostomus santaanae; see 65 FR 19686, 
April 12, 2000), a co-occurring species with the Santa Ana speckled 
dace, the U.S. Forest Service has adopted additional guidance and 
proposals to protect the Santa Ana sucker, and effects of management 
plans are expected to also result in beneficial conservation effects 
for the Santa Ana speckled dace. These excepted activities would 
include activities specifically conducted to maintain the defensible 
space requirement from structures; are intended to reduce wildfire 
risk, which would protect Santa Ana speckled dace habitat; and would 
provide enhanced public safety against fires.
    We also propose to except from the take prohibitions in the 4(d) 
rule those habitat restoration and enhancement activities that include, 
but are not limited to, trash removal, removal of recreational dams, 
restoration of waterways from recreational mining, and dam operations 
that are beneficial to the Santa Ana speckled dace as outlined in a 
Service-approved plan (e.g., a conservation plan developed in 
coordination with the Service where take has not been covered but where 
activities would lead to net conservation benefits for the Santa Ana 
speckled dace). Such measures would be implemented to minimize impacts 
to the Santa Ana speckled dace and its habitat, and are expected to 
result in the restoration and enhancement of habitat quality features 
such as natural stream flow, sediment transport, stream morphology, and 
water quality within the species' range.
    In addition, we propose to except from the take prohibitions in the 
4(d) rule the removal of nonnative species, including noxious weed 
control and other vegetation reduction in the course of habitat 
management and restoration to benefit the Santa Ana speckled dace. 
Activities may include mechanical and chemical control, provided these 
activities are conducted in a manner consistent with Federal and 
applicable State laws. Activities may also include removal or 
eradication of nonnative animal species, including, but not limited to, 
catfish, bass, crayfish, and bullfrogs. The use of electrofishing for 
eradication of predators would have to be approved by the Service prior 
to being implemented.

III. Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as: The 
specific areas within the geographical area occupied by the species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features essential to the conservation of 
the species and which may require special management considerations or 
protection; and specific areas outside the geographical area occupied 
by the species at the time it is listed, upon a determination that such 
areas are essential for the conservation of the species.
    Our regulations at 50 CFR 424.02 define the geographical area 
occupied by the species as an area that may generally be delineated 
around species' occurrences, as determined by the

[[Page 65833]]

Secretary (i.e., range). Such areas may include those areas used 
throughout all or part of the species' life cycle, even if not used on 
a regular basis (e.g., migratory corridors, seasonal habitats, and 
habitats used periodically, but not solely by vagrant individuals).
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that each Federal action agency ensure, in 
consultation with the Service, that any action they authorize, fund, or 
carry out is not likely to result in the destruction or adverse 
modification of designated critical habitat. The designation of 
critical habitat does not affect land ownership or establish a refuge, 
wilderness, reserve, preserve, or other conservation area. Such 
designation also does not allow the government or public to access 
private lands. Such designation does not require implementation of 
restoration, recovery, or enhancement measures by non-Federal 
landowners. Rather, designation requires that, where a landowner 
requests Federal agency funding or authorization for an action that may 
affect an area designated as critical habitat, the Federal agency 
consult with the Service under section 7(a)(2) of the Act. If the 
action may affect the listed species itself (such as for occupied 
critical habitat), the Federal agency would have already been required 
to consult with the Service even absent the designation because of the 
requirement to ensure that the action is not likely to jeopardize the 
continued existence of the species. Even if the Service were to 
conclude after consultation that the proposed activity is likely to 
result in destruction or adverse modification of the critical habitat, 
the Federal action agency and the landowner are not required to abandon 
the proposed activity, or to restore or recover the species; instead, 
they must implement ``reasonable and prudent alternatives'' to avoid 
destruction or adverse modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) which are essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific data available, those physical or biological features that 
are essential to the conservation of the species (such as space, food, 
cover, and protected habitat).
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information from the SSA report and information developed during the 
listing process for the species. Additional information sources may 
include any generalized conservation strategy, criteria, or outline 
that may have been developed for the species; the recovery plan for the 
species; articles in peer-reviewed journals; conservation plans 
developed by States and counties; scientific status surveys and 
studies; biological assessments; other unpublished materials; or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions set forth in the 4(d) rule. Federally 
funded or permitted projects affecting listed species outside their 
designated critical habitat areas may still result in jeopardy findings 
in some cases. These protections and conservation tools will continue 
to contribute to recovery of the species. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, habitat conservation plans, or other species 
conservation planning efforts if new information available at the time 
of those planning efforts calls for a different outcome.

Critical Habitat Determinability

    Our regulations at 50 CFR 424.12(a)(2) state that critical habitat 
is not determinable when one or both of the following situations exist:
    (i) Data sufficient to perform required analyses are lacking, or
    (ii) The biological needs of the species are not sufficiently well 
known to identify any area that meets the definition of ``critical 
habitat.''
    We reviewed the available information pertaining to the biological 
needs of the Santa Ana speckled dace and habitat characteristics where 
this species is located. A careful assessment of the economic impacts 
that may occur due to a critical habitat designation is still ongoing, 
and we are in the process of acquiring the complex information needed 
to perform that assessment. Therefore, due to the current lack of data 
sufficient to perform required analyses, we conclude that the 
designation of critical habitat for the Santa Ana speckled dace is not

[[Page 65834]]

determinable at this time. The Act allows the Service an additional 
year to publish a critical habitat designation that is not determinable 
at the time of listing (16 U.S.C. 1533(b)(6)(C)(ii)).

Required Determinations

Clarity of the Proposed Rule

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

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

    Regulations adopted pursuant to section 4(a) of the Act are exempt 
from the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) and do not require an environmental analysis under NEPA. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This includes 
listing, delisting, and reclassification rules, as well as critical 
habitat designations and species-specific protective regulations 
promulgated concurrently with a decision to list or reclassify a 
species as threatened. The courts have upheld this position (e.g., 
Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995) (critical 
habitat); Center for Biological Diversity v. U.S. Fish and Wildlife 
Service, 2005 WL 2000928 (N.D. Cal. Aug. 19, 2005) (concurrent 4(d) 
rule)).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994 
(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951, May 4, 1994), E.O. 13175 (Consultation and 
Coordination with Indian Tribal Governments), the President's 
memorandum of November 30, 2022 (Uniform Standards for Tribal 
Consultation; 87 FR 74479, December 5, 2022), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with federally recognized 
Tribes and Alaska Native Corporations (ANCs) on a government-to-
government basis. In accordance with Secretary's Order 3206 of June 5, 
1997 (American Indian Tribal Rights, Federal-Tribal Trust 
Responsibilities, and the Endangered Species Act), we readily 
acknowledge our responsibilities to work directly with Tribes in 
developing programs for healthy ecosystems, to acknowledge that Tribal 
lands are not subject to the same controls as Federal public lands, to 
remain sensitive to Indian culture, and to make information available 
to Tribes. We will continue to work with Tribal entities during the 
development of recovery actions for the Santa Ana speckled dace.

References Cited

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

Authors

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

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, FWS proposes to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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

0
2. In Sec.  17.11, amend the table in paragraph (h) by adding an entry 
for ``Dace, Santa Ana speckled'' to the List of Endangered and 
Threatened Wildlife in alphabetical order under FISHES to read as 
follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name               Scientific name        Where listed         Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
              Fishes
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Dace, Santa Ana speckled.........  Rhinichthys          Wherever found.....  T.............  [Federal Register
                                    gabrielino.                                               citation when
                                                                                              published as a
                                                                                              final rule];
                                                                                             50 CFR
                                                                                              17.44(ll).\4d\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Further amend Sec.  17.44, as proposed to be amended at 88 FR 88338 
(December 21, 2023), by adding and reserving paragraphs (jj) and (kk), 
and adding paragraph (ll) to read as follows:


Sec.  17.44  Special rules--fishes.

* * * * *
    (jj)-(kk) [Reserved]

[[Page 65835]]

    (ll) Santa Ana speckled dace (Rhinichthys gabrielino).
    (1) Prohibitions. The following prohibitions that apply to 
endangered wildlife also apply to the Santa Ana speckled dace. Except 
as provided under paragraph (ll)(2) of this section and Sec. Sec.  17.4 
and 17.5, it is unlawful for any person subject to the jurisdiction of 
the United States to commit, to attempt to commit, to solicit another 
to commit, or cause to be committed, any of the following acts in 
regard to this species:
    (i) Import or export, as set forth at Sec.  17.21(b) for endangered 
wildlife.
    (ii) Take, as set forth at Sec.  17.21(c)(1) for endangered 
wildlife.
    (iii) Possession and other acts with unlawfully taken specimens, as 
set forth at Sec.  17.21(d)(1) for endangered wildlife.
    (iv) Interstate or foreign commerce in the course of commercial 
activity, as set forth at Sec.  17.21(e) for endangered wildlife.
    (v) Sale or offer for sale, as set forth at Sec.  17.21(f) for 
endangered wildlife.
    (2) Exceptions from prohibitions. In regard to this species, you 
may:
    (i) Conduct activities as authorized by a permit under Sec.  17.32.
    (ii) Take, as set forth at Sec.  17.21(c)(3) and (4) for endangered 
wildlife.
    (iii) Take, as set forth at Sec.  17.31(b).
    (iv) Possess and engage in other acts with unlawfully taken 
wildlife, as set forth at Sec.  17.21(d)(2) for endangered wildlife.
    (v) Take incidental to an otherwise lawful activity caused by:
    (A) Forest or wildland management activities that are intended to 
minimize negative impacts from forest management rangewide, including 
activities specifically conducted to maintain the defensible space 
requirement from structures.
    (B) Habitat restoration and enhancement activities, including, but 
not limited to, trash removal, removal of recreational dams, 
restoration of waterways from recreational mining, and dam operations 
that are beneficial to the Santa Ana speckled dace. Such measures must 
be implemented in accordance with a conservation plan developed in 
coordination with the Service; must minimize impacts to the Santa Ana 
speckled dace and its habitat; and should result in the restoration and 
enhancement of habitat features such as natural stream flow, sediment 
transport, stream morphology, and water quality within the species' 
range.
    (C) Removal of nonnative species, including noxious weed control 
and other vegetation reduction, in the course of habitat management and 
restoration to benefit the Santa Ana speckled dace. Activities may 
include mechanical and chemical control, provided these activities are 
conducted in a manner consistent with Federal and applicable State 
laws. Activities may also include removal or eradication of nonnative 
animal species, including, but not limited to, catfish, bass, crayfish, 
and bullfrogs; however, the Service must approve the use of 
electrofishing for eradication of predators prior to implementation.

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-17237 Filed 8-12-24; 8:45 am]
BILLING CODE 4333-15-P