[Federal Register Volume 86, Number 43 (Monday, March 8, 2021)]
[Rules and Regulations]
[Pages 13200-13215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04693]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2019-0013; FF09E22000 FXES11130900000 212]
RIN 1018-BD59
Endangered and Threatened Wildlife and Plants; Removing
Bradshaw's Lomatium (Lomatium bradshawii) From the Federal List of
Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), remove
Bradshaw's lomatium (Lomatium bradshawii, also known as Bradshaw's
desert parsley), a plant found in western Oregon and southwestern
Washington, from the Federal List of Endangered and Threatened Plants.
Our review of the best available scientific and commercial data
indicates that the threats to Bradshaw's lomatium have been eliminated
or reduced to the point that the species no longer meets the definition
of an endangered or threatened species under the Endangered Species Act
of 1973, as amended (Act).
DATES: This rule is effective April 7, 2021.
ADDRESSES: This final rule is available on the internet at http://www.regulations.gov under Docket No. FWS-R1-ES-2019-0013. Comments and
materials we received, as well as supporting documentation we used in
preparing this rule, are available for public inspection at http://www.regulations.gov under FWS-R1-ES-2019-0013.
FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, U.S.
Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE
98th Avenue, Suite 100, Portland, OR 97266; telephone 503-231-6179. If
you use a telecommunications device for the deaf (TDD), please call the
Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
On November 26, 2019, we published in the Federal Register (84 FR
65067) a proposed rule to remove Bradshaw's lomatium from the List of
Endangered and Threatened Plants (i.e., to ``delist'' the species).
Please refer to that proposed rule for a detailed description of the
Federal actions concerning this species that occurred prior to November
26, 2019.
Summary of Changes From the Proposed Rule
In response to public comments and in the process of developing
this final rule, we have made the following changes from our November
26, 2019, proposed rule (84 FR 65067):
We added language in the final post-delisting monitoring
plan to indicate that additional Bradshaw's lomatium populations may be
visited upon occasion, as time and resources allow, to provide for a
``spot check'' on the status of additional populations that are outside
of the 18 priority sites identified for regular visits during the post-
delisting monitoring period. These abbreviated field visits may collect
information through assessment of population abundance, photo points,
and/or evaluation of management practices and habitat condition.
We incorporated into the preamble to this final rule
mention of the recently developed MOU among the U.S. Army Core of
Engineers, the Bureau of Land Management, the Natural Resource
Conservation Service and the Service, to provide for the long-term
conservation of Bradshaw's lomatium, regardless of listing status.
We made minor editorial changes in the preamble of this
final rule, including revising our description of how we develop and
implement recovery plans, adding additional discussion about which
recovery criteria were met, inserting an updated description of our
regulatory and analytical frameworks, updating our description of how
we determine species status throughout all or a portion of the species'
range, and making minor textual updates to our assessment of Bradshaw's
lomatium's status throughout a portion of its range.
I. Final Delisting Determination
Background
Status Assessment for Bradshaw's Lomatium
A thorough review of the taxonomy, life history, and ecology of
Bradshaw's lomatium is presented in the document ``Species Status
Assessment Report for Bradshaw's lomatium (Lomatium bradshawii (Rose
ex. Math.) Mathias & Constance) Version 1.0'' (SSA report) (Service
2018), which is available at http://www.regulations.gov in Docket No.
FWS-R1-ES-2019-0013, under Supporting Documents. The SSA report
documents the results of our comprehensive biological status review for
Bradshaw's lomatium, and has undergone peer review. The SSA report does
not represent any decision by the Service regarding the status of
Bradshaw's lomatium under the Act (16 U.S.C. 1531 et seq.). It does,
however, provide the scientific basis that informed our most recent 5-
year status review, which resulted in a recommendation that the species
should be removed from the List. The SSA report also served as one of
the bases for this final rule and our regulatory decision, which
involves the further application of standards within the Act and its
implementing regulations and policies.
In this final rule, we present only a summary of the key results
and conclusions from the SSA report; the full report is available at
http://www.regulations.gov, as referenced above.
Summary of the Biology of the Species
Bradshaw's lomatium is a perennial herb in the carrot or parsley
family (Apiaceae) that is endemic to wet prairie habitats in western
Oregon's Willamette Valley and adjacent southwestern Washington. These
seasonally wet habitats may be flooded in the spring, or have soils
saturated at or near the surface due to factors such as heavy
precipitation in winter and spring, flooding, and poor drainage. A high
light environment is important for Bradshaw's lomatium to complete its
life cycle and reproduce, as reduced sunlight is associated with lower
flower and seed production (Alverson 1993, unpublished data). This
species is often associated with tufted hairgrass (Deschampsia
cespitosa), and frequently occurs on and around the small mounds
created by senescent tufted hairgrass plants. In wetter areas,
Bradshaw's lomatium occurs on the edges of tufted hairgrass or sedges
in patches of bare or open soil. In drier areas, it is found in low
areas, such as small depressions, trails, or seasonal channels, with
open, exposed soils. Self-fertilization is rare in Bradshaw's lomatium
(Kaye and Kirkland 1994, p. 8), indicating that pollinator-mediated
outcrossing is required for reproduction. Over 30 species of solitary
bees, flies, wasps, and beetles have been observed visiting the flowers
(Kaye 1992, p. 3; Kaye and Kirkland 1994, p. 9; Jackson 1996, pp. 72-
76). Bradshaw's lomatium does not reproduce asexually and depends
exclusively on seeds for reproduction (Kaye 1992, p. 2), but does not
maintain
[[Page 13201]]
a persistent seed bank in the soil. Although some fruit survives in the
soil for 1 year, the seeds are not viable (Kaye et al. 2001, p. 1376).
Further information on the basic biology and ecology of Bradshaw's
lomatium is summarized in the SSA report (Service 2018, entire).
Recovery and Recovery Plan Implementation
Section 4(f) of the Act directs us to develop and implement
recovery plans for the conservation and survival of endangered and
threatened species unless we determine that such a plan will not
promote the conservation of the species. Recovery plans must, to the
maximum extent practicable, include objective, measurable criteria
which, when met, would result in a determination, in accordance with
the provisions of section 4 of the Act, that the species be removed
from the List.
Recovery plans provide a roadmap for us and our partners on methods
of enhancing conservation and minimizing threats to listed species, as
well as measurable criteria against which to evaluate progress towards
recovery and assess the species' likely future condition. However, they
are not regulatory documents and do not substitute for the
determinations and promulgation of regulations required under section
4(a)(1) of the Act. A decision to revise the status of a species, or to
delist a species, is ultimately based on an analysis of the best
scientific and commercial data available to determine whether a species
is no longer an endangered species or a threatened species, regardless
of whether that information differs from the recovery plan.
There are many paths to accomplishing recovery of a species, and
recovery may be achieved without all of the criteria in a recovery plan
being fully met. For example, one or more criteria may be exceeded
while other criteria may not yet be accomplished. In that instance, we
may determine that the threats are minimized sufficiently and that the
species is robust enough that it no longer meets the definition of an
endangered species or a threatened species. In other cases, we may
discover new recovery opportunities after having finalized the recovery
plan. Parties seeking to conserve the species may use these
opportunities instead of methods identified in the recovery plan.
Likewise, we may learn new information about the species after we
finalize the recovery plan. The new information may change the extent
to which existing criteria are appropriate for identifying recovery of
the species. The recovery of a species is a dynamic process requiring
adaptive management that may, or may not, follow all of the guidance
provided in a recovery plan.
In 2010, we finalized the revised recovery plan for Bradshaw's
lomatium (Service 2010). The recovery plan states that Bradshaw's
lomatium could be considered for downlisting to threatened status when
there are 12 populations and 60,000 plants distributed in such a way as
to reflect the species' historical geographic distribution, when the
number of individuals in the populations have been stable or increasing
over a period of 10 years, when sites are managed to meet established
habitat quality guidelines, when a substantial portion of the species'
habitat is protected for conservation, and when populations are managed
to ensure maintenance of habitat and to control threats.
The recovery plan states that, in addition to the criteria
described above, Bradshaw's lomatium could be considered for delisting
when there are 20 populations and 100,000 plants properly distributed,
genetic material is stored in a facility approved by the Center for
Plant Conservation, and post-delisting monitoring plans and monitoring
agreements are in place. Given our current understanding of this
species, the criteria addressing abundance, distribution, and site
management and protection are the most important in assessing recovery.
Accordingly, these criteria are the basis of our analysis of
resiliency, redundancy, and representation, and the focus of the
discussion that follows. The remaining two criteria have also been met;
genetic material is preserved at the Institute of Applied Ecology seed
bank, and post-delisting monitoring plans and agreements are in place
(see Post-Delisting Monitoring).
To reflect the historical distribution of Bradshaw's lomatium, the
species' range was divided into eight recovery zones (Southwest
Washington, Portland, Salem West, Salem East, Corvallis West, Corvallis
East, Eugene West, and Eugene East), and targets for number of
populations and number of plants for each zone were established based
on historical presence, to the extent known (Service 2010, pp. IV-1--
IV-6, IV-31--IV-34).
Two of the recovery zones (Portland and Salem West) are within the
range of Bradshaw's lomatium, but do not have population targets for
the species based on a lack of historical occurrence data. These
recovery zones were nonetheless retained because if any populations of
Bradshaw's lomatium were to be discovered or introduced within these
zones, they could be considered as contributing to the recovery
criteria for the species (under the category ``Additional
Populations'').
The expression of recovery criteria in terms of population
abundance, numbers of populations, and distribution across recovery
zones reflects a foundational principle of conservation biology: That
there is a positive relationship between the relative viability of a
species over time and the resiliency, redundancy, and representation of
its constituent populations (Shaffer and Stein 2000, pp. 307-310; Wolf
et al. 2015, entire). To look at it another way, extinction risk is
generally reduced as a function of increased population abundance
(resiliency), numbers of populations (redundancy), and distribution or
geographic or genetic diversity (representation). The recovery criteria
laid out in the recovery plan for Bradshaw's lomatium were, therefore,
informative for our review of the status of the species, as that
analysis leans upon these measures of viability to assess the current
and future status of the species (Service 2018, pp. 1-2).
The downlisting criteria for number and distribution of populations
and numbers of plants were intended to help identify the point at which
imminent threats to Bradshaw's lomatium had been ameliorated so that
the populations were no longer in immediate risk of extirpation; the
delisting criteria for number and distribution of populations and
numbers of plants were intended to identify the point at which the
species was unlikely to become in danger of extinction. In our
analysis, only populations with moderate to high overall condition and
with more than 200 plants were considered to have met the recovery
criteria, as populations with lower overall condition or abundance were
considered too high risk to be counted toward recovery. An estimated
11,276,253 plants in 17 populations meet this standard (Service 2018,
p. 39, updated based on Wilderman 2018, entire), an increase from
approximately 25,000 to 30,000 individuals in 11 populations at listing
in 1988. An additional 1,361 plants, distributed among 7 populations,
comprise the grand total number of known Bradshaw's lomatium plants. In
total, 24 populations occur on 71 distinct sites that are owned by a
mix of Federal, State, and local governments; nongovernmental
organizations (NGOs); and private citizens. Multiple sites are
considered to be part of the same population when those sites are
within
[[Page 13202]]
a defined pollinator flight distance of 3 kilometers (km) (2 miles
(mi)) of each other. The current population estimate is the combined
count data from all sites; for some sites the plant count was the
result of a full census (54 sites), while for others it was derived by
visual estimate or calculated from count subsamples that were then
extrapolated over the total area of the site (17 sites). The increase
in known populations and number of plants over time is due to a
combination of population augmentation and introductions, improved
habitat management, and increased survey effort across the range of the
species. Bradshaw's lomatium has been the focus of concentrated
recovery efforts since it was listed in 1988. We now estimate there are
likely more plants across the range of Bradshaw's lomatium than we have
accounted for because not all areas of suitable habitat within the
range of the species have been surveyed, and recent visits to
previously unsurveyed areas have resulted in the identification of
formerly unknown populations (e.g., Service 2018, p. 10).
In our SSA report, we evaluated and ranked the resiliency of each
population of Bradshaw's lomatium using the following criteria: (1)
Population size, (2) current habitat conditions, (3) protection of the
site from development, and (4) site management to restore and maintain
appropriate habitat condition. Using these criteria, each population
was given a rank of high, moderate, or low condition (Service 2018, pp.
26-30). The resiliency score for each population incorporates the
degree to which the primary threats to the species have been addressed
at each site as well as recovery criteria (population size and habitat
quality), site protection (addressing habitat loss), and site
management (addressing woody encroachment and invasive species). For
details on evaluation and ranking of population condition, see the SSA
report (Service 2018, pp. 26-43).
The table below summarizes our current knowledge of the abundance
and distribution of Bradshaw's lomatium relative to the downlisting and
delisting criteria presented in the recovery plan for the species (from
Service 2018, p. 39, updated based on Wilderman 2018, entire). Because
the table below summarizes only the abundance and distribution data for
the species, the information in the table must be considered in
conjunction with the five-factor analysis of threats to arrive at the
status determination for Bradshaw's lomatium.
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Based on the most recent count, the number of plants counted
towards recovery is 11,276,253, with an additional 1,361 plants
occurring in populations with fewer than 200 individuals, which we did
not count
[[Page 13205]]
toward recovery. Of the total number of known plants, an estimated
10,790,658 occur in a single population in southwestern Washington. The
other approximately 486,956 plants are within 23 populations in Oregon.
If we consider only the populations in moderate or high condition, and
with more than 200 plants (i.e., those we are counting toward recovery
and presented in the table), we estimate there are 485,595 plants
within Oregon populations. These populations are distributed from
southeast of Salem, Oregon, south to Creswell, Oregon, both east and
west of the Willamette River. The greatest density of populations
occurs in the southern portion of the Willamette Valley near Eugene,
Oregon.
Therefore, the most recent counts of Bradshaw's lomatium identify
nearly 500,000 individuals in 23 known populations across the
historical range of the species in Oregon and distributed among 69
known sites under various types of land ownership. We considered the
abundance and distribution of Bradshaw's lomatium without including the
roughly 10.8 million individuals concentrated in a single population
(made up of 2 sites) in southwestern Washington to ensure our
evaluation considered the abundance and distribution of the species
across its entire range and also to ensure our overall evaluation was
not unduly influenced by this single extremely large population. Of the
71 known sites, 51 are in public ownership, are within a public right-
of-way, or are owned by a conservation-oriented NGO. Of the 20
remaining sites, 9 are under conservation easement or are enrolled in
the Service's Partners for Fish and Wildlife Program (Service 2018, pp.
30-35, 36, 38, Appendix A). The remaining 11 sites are on private lands
and are not currently under any formal protection agreements.
The figure below shows the results of this assessment across the
range of the species. Of the 24 known populations, 4 are in low
condition, 9 are in moderate condition, 10 are in high condition, and 1
is in unknown condition due to a lack of data (Service 2018, pp. 36-
39). Populations occur in all recovery zones that have population
goals. As noted above, the Portland and Salem West Recovery Zones
contain no known current populations, were not assigned specific
targets by the Recovery Team, and have no documented historical
occurrences of the species within them.
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[[Page 13206]]
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Based on this information, we conclude Bradshaw's lomatium is much
more numerous than at the time of listing and is distributed throughout
its known historical range. Across the 23 populations in Oregon,
greater than 99 percent of known Bradshaw's lomatium plants are found
on sites receiving some degree of protection from development
[[Page 13207]]
such as public lands, conservancy lands, or private lands with
conservation easements (Service 2018, Appendix A). Two sites in
southwestern Washington collectively comprise the single largest
population of the species with millions of plants. The vast majority of
plants in the southwestern Washington population occur on private
property that is not under formal protection, but over the years the
site has been consistently managed in a manner conducive to supporting
the largest population of Bradshaw's lomatium known. The other portion
of the population in southwestern Washington, owned by the Washington
Department of Natural Resources (WDNR), contains approximately 658
plants. The WDNR has been actively protecting, managing, and augmenting
this smaller portion of the southwestern Washington population, and
they are currently working to further expand protection at this site.
Furthermore, the WDNR is working to conserve the sizeable Bradshaw's
lomatium site that is on private land.
Due to ongoing threats from woody encroachment and the spread of
nonnative, invasive plants, sites containing Bradshaw's lomatium
require regular management to maintain the open prairie conditions that
support robust populations. Management activities may include, but are
not limited to, herbicide application, mowing, and prescribed fire.
Although guarantee of management into perpetuity exceeds the
requirements of the Act in evaluating whether a species meets the
statutory definition of endangered or threatened, it is necessary to
evaluate whether current and expected future management is sufficient
to maintain resilient populations of Bradshaw's lomatium into the
foreseeable future. Across the range of Bradshaw's lomatium, 75 percent
of sites receive some form of management as described above, accounting
for greater than 99 percent of known Bradshaw's lomatium plants. Sites
receiving management span all ownership types. Rangewide, 58 percent of
sites have a management plan with goals for the conservation of
Bradshaw's lomatium, or with goals for maintenance of the wet prairie
habitat upon which this species depends. Sites with management plans
include those owned by the U.S. Army Corps of Engineers, Bureau of Land
Management, the Service, The Nature Conservancy, and privately owned
sites covered by the Natural Resources Conservation Service's Wetland
Reserve Program (Service 2018, pp. 30-35, Appendix A).
Although not considered as a basis for this delisting, a memorandum
of understanding (MOU) among the Bureau of Land Management, the Natural
Resources Conservation Service, the U.S. Army Corps of Engineers, and
the Service has been developed with the express purpose of providing
for the long-term conservation and sustained recovery of Bradshaw's
lomatium (Service et al. 2020, entire). Together these agencies own or
manage at least 35 of the 71 known Bradshaw's lomatium sites. The MOU
describes the ongoing commitment of the cooperating management agencies
to maintain wet prairie habitats containing Bradshaw's lomatium
populations at a sufficient quality to support the resilience of those
populations, to the best of their abilities, irrespective of any change
in the species' legal status and its standing under the Act. This MOU
did not enter into our consideration of the delisting of Bradshaw's
lomatium. However, it is added evidence of the strength of the ongoing
collaborative efforts of conservation partners dedicated to the
recovery of the native prairie species and ecosystems of the Willamette
Valley.
These and other data that we analyzed indicate that most threats
identified at listing and in the recovery plan are reduced in areas
occupied by Bradshaw's lomatium. The status of the species has improved
primarily due to: (1) Discovery of previously unknown populations; (2)
reestablishment and augmentation of populations over the 30 years since
the species was listed; (3) improvement in habitat management; and (4)
an increase in protection from development.
Regulatory and Analytical Framework
Regulatory Framework
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 is an ``endangered species'' or a ``threatened
species.'' The Act defines an endangered species as a species that is
in danger of extinction throughout all or a significant portion of its
range, and a threatened species as a species that is likely to become
an endangered species within the foreseeable future throughout all or a
significant portion of its range. The Act requires that we determine
whether any species is an endangered species or a threatened species
because of any of the following factors:
(A) The present or threatened destruction, modification, or
curtailment of its habitat or range;
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects. We consider these same five
factors in delisting (removal from the Federal Lists of Endangered and
Threatened Wildlife and Plants) or downlisting (reclassification from
endangered to threatened) a species (see 50 CFR 424.11(c) through (e)).
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself.
However, the mere identification of any threat(s) does not
necessarily mean that the species meets the statutory definition of an
``endangered species'' or a ``threatened species.'' In determining
whether a species meets either definition, we must evaluate all
identified threats by considering the species' expected response and
the effects of the threats--in light of those actions and conditions
that will ameliorate the threats--on an individual, population, and
species level. We evaluate each threat and its expected effects on the
species, then analyze the cumulative effect of all 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 now and in the
foreseeable future.
[[Page 13208]]
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
foreseeable future extends only so far into the future as we can
reasonably determine that both the future threats and the species'
responses to those threats are likely. In other words, the foreseeable
future is the period of time in which we can make reliable predictions.
``Reliable'' does not mean ``certain''; it means sufficient to provide
a reasonable degree of confidence in the prediction. Thus, a prediction
is reliable if it is reasonable to depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
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 downlisted or delisted under the Act.
It does, however, provide the scientific basis that informs our
regulatory decisions, which involve the further application of
standards within the Act and its implementing regulations and policies.
The following is a summary of the key results and conclusions from the
SSA report; the full SSA report can be found at Docket FWS-R1-ES-2019-
0013 on http://www.regulations.gov.
To assess the viability of Bradshaw's lomatium, we used the three
conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency supports the ability of the species to withstand
environmental and demographic stochasticity (for example, wet or dry,
warm or cold years); redundancy supports the ability of the species to
withstand catastrophic events (for example, droughts, large pollution
events); and representation supports the ability of the species to
adapt over time to long-term changes in the environment (for example,
climate changes). In general, the more resilient and redundant a
species is and the more representation it has, the more likely it is to
sustain populations over time, even under changing environmental
conditions. Using these principles, we identified the species'
ecological requirements for survival and reproduction at the
individual, population, and species levels, and described the
beneficial and risk factors influencing the species' viability.
The SSA process can be categorized into three sequential stages.
During the first stage, we evaluated 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. We use this information to inform our regulatory
decision.
Summary of Biological Status and Threats
In this discussion, we review the biological condition of
Bradshaw's lomatium 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 consider 25 to 50 years to be a reasonable period of time within
which reliable predictions can be made for potential stressors and
responses for Bradshaw's lomatium. This period of time is sufficient to
observe population trends for the species, based on its life history
characteristics, and captures the terms of many of the management plans
that are in effect at Bradshaw's lomatium sites; it is also the length
of time over which we conclude we can make reliable prediction about
the anticipated effects of climate change. Although information exists
regarding potential impacts from climate change beyond a 50-year
timeframe, the projections depend on an increasing number of
assumptions, and thus become more uncertain with increasingly long
timeframes. We, therefore, use a maximum timeframe of 50 years to
provide the best balance of scope of impacts considered versus the
certainty of those impacts being realized.
At the time of listing, the primary threats to Bradshaw's lomatium
were habitat loss due to land use conversion for agriculture or
urbanization and the invasion of prairie vegetation by various woody
plant species (53 FR 38449-38450; September 30, 1988). The listing rule
did not find that overutilization for commercial, recreational,
scientific, or educational purposes posed a threat to Bradshaw's
lomatium. The listing rule noted that several parasitic organisms (a
fungus, spittle bug, and two aphids) could potentially have negative
effects on smaller, stressed populations of the plant (but not the
species as a whole) and questioned whether inbreeding depression might
pose a threat to the species since the populations known at the time
appeared to be small and isolated from one another. The rule noted that
further study was required to determine the significance of any such
threats. Finally, the listing rule noted that State and Federal
regulations existing at the time did not adequately protect the plant
from habitat loss or other potential threats (53 FR 38450; September
30, 1988). By the time the recovery plan was developed in 1993, these
same threats were still considered relevant (Service 1993, p. 12).
There are three potential threats that were either not known or
considered at the time of listing: (1) Competition from nonnative,
invasive plant species; (2) potential impacts resulting from the
effects of climate change; and (3) predation by voles (Microtus spp.),
which has been observed within Bradshaw's lomatium sites. Subsequently,
we conducted a 5-year status review based on the SSA report for
Bradshaw's lomatium that includes an analysis of all factors known to
affect the viability of the species (Service 2018, entire).
As discussed in our 2018 SSA report, the threat of habitat loss
from land conversion for agriculture and urbanization has decreased
since the time of listing due to land protection efforts. Although a
few privately owned sites are still at risk, land use conversion is no
longer considered a significant threat to the viability of Bradshaw's
lomatium due to the number of sites now receiving some degree of
protection from development (Service 2018, pp. 36-39, Appendix A). In
Oregon, which supports 23 of the 24 known populations of the species,
greater than 99 percent of known Bradshaw's lomatium plants occur on
sites protected through public or NGO ownership, through designation as
a
[[Page 13209]]
right-of-way, or by conservation easements on private lands. In
Washington, one of two sites that support Bradshaw's lomatium is owned
by the WDNR, and the State is actively working toward the conservation
of the very large adjacent site that supports the majority of known
individuals of the species. As the threat posed to Bradshaw's lomatium
from habitat loss is no longer considered significant, we additionally
no longer consider State or Federal protections to be inadequate to
address this threat.
The present threat to Bradshaw's lomatium from modification of
habitat due to invasion of prairies by nonnative, invasive plants and
by woody species has been reduced in many populations due to active
habitat management using herbicides, mowing, and prescribed fire, but
ongoing habitat management is required to maintain these improvements.
As noted above, across the range of Bradshaw's lomatium, 75 percent of
the known sites receive active management that benefits the species,
and 58 percent of total sites have a management plan in place with
goals for the conservation of Bradshaw's lomatium, or for maintenance
of the wet prairie habitat upon which it depends (Service 2018, pp. 36-
39, Appendix A). Based on the high proportion of sites protected or
managed, the history of positive management observed to date, and
ongoing efforts to further restore and protect wet prairie habitats, we
have confidence that management of Bradshaw's lomatium sites will
continue to provide adequate protection to the species in the long
term. This confidence is affirmed by the MOU committing to long-term
conservation of Bradshaw's lomatium on Federal lands regardless of its
listing status. We found no evidence that negative impacts due to
parasitic organisms constitute a threat to the viability of Bradshaw's
lomatium. Predation by voles appears to vary year to year, and can
substantially reduce aboveground biomass and reproduction in years when
vole abundance is high. However, the effect on populations is estimated
to be minimal over time as long as there is sufficient time for
Bradshaw's lomatium to regenerate taproot reserves between vole
outbreaks (Drew 2000, pp. 54-55), and no consistent long-term declines
attributable to vole predation have been reported (Service 2018, p.
20).
Concerns over the possibility of inbreeding depression expressed at
the time of listing are now reduced due to a subsequent study
indicating that overall genetic diversity in Bradshaw's lomatium is
relatively high for a rare species (Gitzendanner and Soltis 2001, pp.
352-353), and is greater than that found in other rare Lomatium species
(Gitzendanner and Soltis 2000, p. 787), although the most disjunct
population in southwestern Washington showed relatively lower genetic
diversity than less geographically isolated populations (Gitzendanner
and Soltis 2001, p. 353). The threat of inbreeding depression is
further considered reduced since we now understand Bradshaw's lomatium
to be primarily an outcrossing species (which promotes increased
genetic diversity), rather than an obligate self-pollinating species as
was believed at the time of listing (Service 2018, pp. 7, 20).
The potential threat posed to Bradshaw's lomatium from the effects
of climate change is difficult to predict. The primary threat to the
species from the effects of climate change is likely reduced moisture
availability due to warmer temperatures and alterations to
precipitation patterns resulting in increased evapotranspiration
(Bachelet et al. 2011, p. 414; Steel et al. 2011, pp. 43; Kaye et al.
2013, p. 18. The vulnerability of Bradshaw's lomatium to the effects of
climate change, assessed over a range of potential future emissions
scenarios, has been ranked as anywhere from low to moderate (Steel et
al. 2011, pp. 25, 89) to highly vulnerable (Kaye et al. 2013, p. 20).
Possible effects of climate change on Bradshaw's lomatium include
increased reproduction after increased early precipitation, temporal
shifts in life cycle completion to earlier in spring (earlier
germination and seed set), increased mortality, and decreased
recruitment (USFWS 2018, p. 43). We assessed the potential impacts of
climate change on Bradshaw's lomatium projected out over a period up to
50 years in the future. Published assessments provide only qualitative
appraisals of the potential response of Bradshaw's lomatium to the
effects of climate change; therefore, we characterized a ``worst case''
future scenario in terms we could use in our analysis of future
condition. In consultation with species experts and conservation
partners, we defined the worst case scenario as one where increased
mortality and decreased recruitment culminate in a 50 percent reduction
of all populations. We considered this to be a conservative approach,
in that the actual effects on populations size are likely to be more
moderate. Even in the face of such a severe population reduction, the
species is anticipated to remain viable as indicated by appreciable
levels of resiliency, redundancy, and representation. We estimated that
populations currently in low condition or with very low abundance may
be extirpated due to the combined effects of climate change impacts and
stochastic events; this translated to an estimated loss of up to five
small populations, with other populations reduced in size. However,
even with a presumed 50 percent reduction in abundance, at least 14 to
16 populations of Bradshaw's lomatium in moderate or high condition are
expected to remain on the landscape with ongoing management. We do not
anticipate any significant effect on representation, that is, the
ability of the species to adapt to changing environmental conditions
over time (Service 2018, pp. 42-46).
Cumulative Impacts
When multiple stressors co-occur, one may exacerbate the effects of
the other, leading to effects not accounted for when each stressor is
analyzed individually. The full impact of these synergistic effects may
be observed within a short period of time or may take many years before
they are noticeable. For example, high levels of predation on
Bradshaw's lomatium during vole outbreaks can cause large temporary
population declines but are not generally considered a significant
threat to long-term viability; populations that are relatively large
and well-distributed should be able to withstand such naturally
occurring events. However, the relative impact of predation by voles
may be intensified when outbreaks occur in conjunction with other
factors that may lessen the resiliency of Bradshaw's lomatium
populations, such as prolonged woody species encroachment; extensive
nonnative, invasive plant infestations; or possible hydrological
alterations resulting from the effects of climate change.
Although the types, magnitude, or extent of potential cumulative
impacts are difficult to predict, we are not aware of any combination
of factors that is likely to co-occur with significant negative
consequences for the species. We anticipate that any negative
consequence of co-occurring threats will be successfully addressed
through the same active management actions that have contributed to the
ongoing recovery of Bradshaw's lomatium and that are expected to
continue into the future. The best scientific and commercial data
available indicate that Bradshaw's lomatium is composed of multiple
populations, primarily in moderate to high condition, which are
sufficiently resilient, well distributed, protected, and managed such
that they
[[Page 13210]]
will be robust in the face of potential cumulative effects to which
they may be exposed.
Overall, we conclude that under current conditions, most
populations of Bradshaw's lomatium are resilient, because they have
abundant numbers of individuals. There are redundant populations of
Bradshaw's lomatium, meaning that multiple populations occur in most
recovery zones, indicating that the species has the ability to minimize
potential loss from catastrophic events. The concern at the time of
listing about a possible genetic bottleneck has been alleviated by
genetic studies demonstrating that Bradshaw's lomatium has relatively
high genetic diversity for a rare species. Also, with populations
distributed across the known historical range of the species (Service
2018, p. 40), Bradshaw's lomatium has likely retained much of its
adaptive capacity (i.e., representation). We also considered the
potential future conditions of Bradshaw's lomatium, taking into account
the current condition and additional stressors not considered at the
time of recovery plan development (e.g., the effects of climate
change). Projecting 25 to 50 years into the future, under a
conservative estimate that conditions could potentially worsen such
that all existing populations are reduced by half, the species would
retain its resiliency and redundancy. With an estimated 14 to 16
populations in moderate or high condition expected to remain on the
landscape with ongoing management, representation was not anticipated
to be affected (Service 2018, p. 44). As noted earlier, the degree to
which threats to the species have been successfully addressed is
incorporated into the evaluation of population resiliency at each site
(i.e., site protection and management actions were considered in the
scoring of each population's current condition; Service 2018, p. 28).
The continuation of these conservation measures was an assumption of
our projection.
We note that, by using the SSA framework to guide our analysis of
the scientific information documented in the SSA report, we have not
only analyzed individual effects on the species, but we have also
analyzed their potential cumulative effects. We incorporate the
cumulative effects into our SSA analysis when we characterize the
current and future condition of the species. Our assessment of the
current and future conditions encompasses and incorporates the threats
individually and cumulatively. Our current and future condition
assessment is iterative because it accumulates and evaluates the
effects of all the factors that may be influencing the species,
including threats and conservation efforts. Because the SSA framework
considers not just the presence of the factors, but to what degree they
collectively influence risk to the entire species, our assessment
integrates the cumulative effects of the factors and replaces a
standalone cumulative effects analysis.
See the SSA report (Service 2018, entire) for a more detailed
discussion of our evaluation of the biological status of Bradshaw's
lomatium and the influences that may affect its continued existence.
Our conclusions are based upon the best available scientific and
commercial data and the expert opinions of the species status
assessment team members.
Summary of Comments and Recommendations
In the proposed rule published in the Federal Register on November
26, 2019 (84 FR 65067), we requested that all interested parties submit
written comments on our proposal to delist Bradshaw's lomatium by
January 27, 2020. We also contacted appropriate Federal and State
agencies, scientific experts and organizations, and other interested
parties and invited them to comment on the proposal. Newspaper notices
inviting general public comment were published in The Oregonian. We did
not receive any requests for a public hearing. All substantive
information provided during the comment period has either been
incorporated directly into this final rule or is addressed below.
Public Comments
We received three comments from the public on our November 26,
2019, proposed rule. One of these generally opposed the delisting of
Bradshaw's lomatium but did not provide substantive comments to respond
to or address. The remaining two provided substantive comments on the
proposed rule or the draft post-delisting monitoring plan, and are
addressed below.
Comment (1): One commenter expressed concerns that Federal
delisting of Bradshaw's lomatium would likely result in a petition for
State delisting as well, resulting in a potential threat from the
inadequacy of regulatory mechanisms to require habitat maintenance for
the species (Factor D). The commenter states that habitat management
benefitting this conservation-reliant species may not necessarily
continue after delisting, which would again expose populations of
Bradshaw's lomatium to the threat of habitat degradation through
encroachment of woody vegetation and nonnative plants. In particular,
the commenter argued that if only 58 percent of total sites have a
management plan with conservation goals for Bradshaw's lomatium or wet
prairie habitat, a ``worst case'' future scenario could leave the
remaining 42 percent of sites unmanaged, or under-managed, in terms of
habitat maintenance. Overall, the commenter suggested that more
measures are needed to formalize the commitment of landowners to
continue Bradshaw's lomatium habitat management efforts to ensure
habitat for the species remains protected from degradation following
delisting, with particular emphasis on non-Federal public sites and the
large population in Washington.
Our Response: Our evaluation of the level of protection and active
management provided to populations of Bradshaw's lomatium, required to
effectively ameliorate the threat of habitat degradation now and into
the future, was one of our primary considerations in determining the
appropriate status of the species. As described in the November 26,
2019, proposed rule (84 FR 65067) and in Appendix A of the SSA report,
our information indicates that in Oregon, where 69 of the 71 sites of
Bradshaw's lomatium are found, nearly 99 percent of Bradshaw's lomatium
individuals now receive protection from further habitat loss and
fragmentation due to land ownership by Federal, State, or other public
entities, or by NGOs, or due to protections through management
agreements or conservation easements on private lands. Nearly all of
these management commitments are long-term or perpetual (61), and the
short-term management agreements (8) are renewable. Of the 71 total
known sites, 51 are in public ownership and 9 have either a
conservation easement or Partners for Fish and Wildlife agreement in
place. There are only 11 sites on privately owned lands without a
formal agreement in place, but even without formal protections, several
of these are managed such that they provide habitat for Bradshaw's
lomatium, and they support relatively few plants overall. The 58
percent of sites with a management plan mentioned by the commenter
refers only to those sites that have a plan specific to Bradshaw's
lomatium or the maintenance of wet prairie habitat; even without such a
plan, many of these sites do have management plans, and the majority of
sites experience some degree of habitat
[[Page 13211]]
protection and management that benefits the species, even if that
benefit is incidental to, and not focused specifically on, Bradshaw's
lomatium. Based on all of these considerations, we do not foresee a
future in which it is likely that up to 42 percent of sites would be
unmanaged or under-managed, as the commenter suggests.
The largest single population of Bradshaw's lomatium plants,
located in southwestern Washington, is privately owned, and WDNR
continues to actively pursue avenues for the perpetual conservation and
management of this site. However, as noted above and as described
earlier in this document, even without formal protections, the regular
mowing that occurs at this site on a consistent basis year after year
has provided for the most vast and robust population of the species
known, the owners have voluntarily placed signs to alert the public to
the presence of the plant, and the site faces no known threats.
The fact that the majority of Bradshaw's lomatium sites are in some
form of public or NGO ownership, or under conservation easement or
other agreement, gives us confidence that appropriate habitat
management is likely to continue into the foreseeable future. The MOU
committing to long-term conservation of Bradshaw's lomatium on Federal
lands regardless of its listing status, recently developed by the U.S.
Army Corps of Engineers, Bureau of Land Management, Natural Resources
Conservation Service, and the Service, which collectively own or manage
at least 35 of the 71 known Bradshaw's lomatium sites, further adds to
this confidence (Service et al. 2020, entire). As noted above, this MOU
did not enter into our consideration of the potential delisting of
Bradshaw's lomatium. However, it offers further support for our
confidence in the strength of the established conservation alliances
for the preservation of prairie species and ecosystems in the
Willamette Valley, and the likelihood that these efforts are likely to
continue. Monitoring under the post-delisting monitoring plan (see our
response to Comment (2), below) is designed to confirm that appropriate
management continues and that degradation of habitat for the species
does not follow delisting.
Details about the State of Oregon's criteria for delisting plants
from the State Endangered Species List can be found in Oregon
Administrative Rule (OAR) 603-073-0030. Under this OAR, when a plant is
removed from the Federal list, it is not automatically removed from the
State list, but must undergo review if delisting is initiated. This
review process can take years. Removal from the State list is,
therefore, not necessarily imminent. In addition, the habitat
protections afforded listed plants by both Federal and State laws are
limited. Under the provisions of both the Act and Oregon State law (see
OAR 603-073-0090 and Oregon Revised Statute (ORS) 564.120), listed
plants are protected by prohibitions from certain activities (for
example, cutting, digging, damaging, destroying; transport and sale)
but nothing in either law requires the maintenance of habitat for
listed plants. We, therefore, would not expect State delisting of
Bradshaw's lomatium to have much practical effect on the maintenance of
habitat for the species or protection from habitat degradation.
After the protections of the Act no longer apply, we are planning
for a 6-year post-delisting monitoring period to ensure Bradshaw's
lomatium's status does not deteriorate. If a substantial decline in the
species (numbers of individuals or populations) or an increase in
threats is detected during that period, we will implement measures to
halt the species' decline so that re-proposing it as an endangered or
threatened species is not needed. The objective of the post-delisting
monitoring plan is to verify that Bradshaw's lomatium remains secure
from the risk of extinction after the protections of the Act have been
removed. The plan is specifically designed to detect any significant
declines in Bradshaw's lomatium populations, should any occur, with
reasonable certainty and precision (see also our response to Comment
(2), below).
Comment (2): One commenter expressed concerns that the draft post-
delisting monitoring plan prioritizes monitoring of only 18 sites, or
about 25 percent of all known sites, which could leave the status of
most sites unknown and possibly allow a serious decline in critical
populations to be missed. The commenter recommended including more
sites, and choosing those sites based on their recovery value;
including smaller, more vulnerable populations that play an important
role in terms of species viability (redundancy or representation) as a
priority for monitoring; and prioritizing sites for monitoring that
lack management plans or are otherwise at high risk of being threatened
following delisting. With regard to some of the smaller populations
that are contributing to recovery, the commenter suggested that
population trend information be presented in addition to measures of
plant abundance.
In addition, this commenter suggested expedited site visits to
additional lower priority sites after delisting. These visits could
include collection of data that is informative but less time-consuming
to collect, such as identifying whether management is continuing,
identifying whether flowering plants are present, photo monitoring, and
estimating population size-class.
Our Response: Monitoring a representative subsample of sites as
outlined in the draft post-delisting monitoring plan will give us an
early indication if declines are occurring or if threats such as
habitat degradation are resurgent. Limited resources preclude our
ability to completely survey all of the known Bradshaw's lomatium sites
each year; thus, we endeavored to craft a post-delisting monitoring
plan that would effectively capture trends in population size, habitat
quality, and management direction across a representative sample of
sites.
The 18 priority sites for post-delisting monitoring have been
selected to represent the full geographic range of the species, a
variety of ownerships (informative regarding habitat management; see
below), and a range of population sizes. We specifically designed post-
delisting monitoring to address whether, and what type of, management
has occurred on the site in the previous year, as well as the ownership
status of the site, precisely because Bradshaw's lomatium is a
conservation-reliant species and is so dependent on appropriate habitat
management. Conservation programs offered through the Service's
Partners for Fish and Wildlife Program and various Farm Bill programs
administered through the Natural Resources Conservation Service will
continue to be available to private landowners for the long-term
maintenance and protection of important Bradshaw's lomatium populations
on private lands after the species is delisted. As described in the
post-delisting monitoring plan, a 6-year post-delisting monitoring
period will provide time for sites to undergo two to three management
cycles, allowing monitoring efforts to identify potential deficiencies
in management outcomes.
The sites chosen for monitoring include representation from all of
the recovery zones across the range of the species, different land
ownerships, and different population sizes (ranging from as few as 83
individuals to nearly 75,000). The monitoring history of sites was an
important consideration in their selection for post-delisting
monitoring; to the extent possible we chose sites that have already
been monitored for long
[[Page 13212]]
periods of time and have established population trends, which allows us
to build on this existing data set and provides a more robust analysis
of trend information post-delisting. The plan calls for post-delisting
monitoring to follow methods previously used at each site so that
reliable long-term trends can be determined based on standardized data
collection.
Of the 18 sites, 4 are privately owned, and only 2 of those are
without conservation and management agreements. Fourteen of the 18
sites are on Federal, State, municipal, or other conservation ownership
with active management plans. The 18 priority sites are just that: The
priority sites for monitoring. Additional sites may be monitored as
resources allow, and the post-delisting monitoring plan specifically
allows for future modification as needed or appropriate. We have
incorporated the commenter's recommendation to add expedited site
visits and abbreviated data collection at additional sites as time and
opportunity allows, which would provide for an occasional check on the
status of other Bradshaw's lomatium populations, into our final post-
delisting monitoring plan.
Through the implementation of the post-delisting monitoring plan,
the implementation of the aforementioned MOU, and the continued work of
the various native plant work groups and conservation partnerships
focused on the recovery of native plants, we conclude that sufficient
monitoring is in place to detect any significant changes in the
populations of Bradshaw's lomatium. If data show that the species is
declining, or if one or more factors that have the potential to cause a
decline are identified, we may continue monitoring beyond the 6-year
period and modify the post-delisting monitoring plan based on an
evaluation of the results, or reinitiate listing if necessary.
Section 4(g)(2) of the Act directs the Service to make prompt use
of its emergency listing authorities under section 4(b)(7) of the Act
to prevent a significant risk to the well-being of any recovered
species. While not specifically mentioned in section 4(g) of the Act,
authorities to list species in accordance with the process prescribed
in sections 4(b)(5) and 4(b)(6) of the Act may also be used to
reinstate species on the List, if warranted.
Determination of Bradshaw's Lomatium'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 ``endangered species'' or
``threatened species.'' The Act defines an ``endangered species'' as a
species that is in danger of extinction throughout all or a significant
portion of its range, and a ``threatened species'' as a species that is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range. For a more
detailed discussion on the factors considered when determining whether
a species meets the definition of an endangered species or a threatened
species and our analysis on how we determine the foreseeable future in
making these decisions, please see Regulatory and Analytical Framework,
above.
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 the known range of Bradshaw's lomatium was
considered dramatically reduced when we listed it as an endangered
species in 1988; at that time, we estimated that there were 11 small
populations that included a total of roughly 25,000 to 30,000
individuals. In addition, the species faced threats from habitat loss
due to land conversion for agriculture and urbanization, as well as
natural succession to woody species dominance due to loss of historical
disturbance regimes. As such, the species was perceived to be upon the
brink of extinction. Bradshaw's lomatium has been the subject of
intensive recovery efforts since it was listed under the Act 30 years
ago, and the discovery of new, previously unknown populations; success
in augmentation and habitat restoration and management efforts; and the
protection of Bradshaw's lomatium populations and habitats on public
lands and on private lands through conservation easements and
management agreements with NGOs and other parties have led to a
significant reduction in threats and improvement in the status of the
species since listing.
Recovery goals for delisting Bradshaw's lomatium were set at a
minimum of 20 populations with a total of 100,000 individual plants
distributed across the species' historical range. Under current
conditions, 24 populations of Bradshaw's lomatium are distributed
throughout the species' historical range; if we consider only those
populations in high or moderate condition and containing at least 200
individuals as contributing to recovery, 17 such populations occur
throughout the range of the species (see table, above). Considering
only those 17 populations in high or moderate condition and with
greater than 200 plants, the most recent counts demonstrate an
estimated 485,595 known individuals are distributed throughout the
historical range of the species (this count does not include the
southwestern Washington population to ensure our evaluation was not
unduly influenced by this single extremely large population).
Our analysis of current population condition on the basis of plant
abundance, habitat quality, management, and protection from development
resulted in rankings of 10 populations in high condition overall, 9
populations in moderate condition, and 4 populations in low condition.
Therefore, we are significantly less concerned about small population
sizes or limited distribution of the species than we were at the time
of listing. The increase in known populations is due in large part to
increased survey efforts and incidental discovery of more occupied
habitat, leaving open the potential of finding even more populations of
Bradshaw's lomatium in the future.
Acquisition by conservation NGOs, or enrollment into conservation
easement programs, of sites containing Bradshaw's lomatium populations
has substantially reduced the risk of habitat and population losses due
to land use conversion (Factor A). In addition, population augmentation
or introduction, combined with ongoing active management of woody
encroachment and of nonnative, invasive plant infestations, has
ameliorated the threat posed by these processes (Factor A) and
increased the resilience of many Bradshaw's lomatium populations on
protected sites. Other potential threats identified at the time of
listing have either never materialized (parasitism by other organisms
(Factor C), negative effects of inbreeding depression (Factor E)) or
have been addressed through other means (i.e., habitat protections and
management, addressing Factor D).
Since listing, we have become aware of the potential for the
effects of climate change (Factor E) to affect organisms and
ecosystems, including potentially Bradshaw's lomatium. We considered
the potential consequences of climate change and evaluated a range of
future scenarios, including one with up to a 50 percent reduction in
the size of all known populations across the range of the species. Even
in the face of such a severe population reduction, the species retained
appreciable levels of resiliency, redundancy, and representation such
that we do not consider the effects of climate change to pose a threat
such that
[[Page 13213]]
it would place the species at risk of extinction in the future (Service
2018, pp. 42-46). To be conservative, our analysis of future conditions
did not consider that ongoing efforts to improve population sizes and
habitat quality have the potential to further increase the number of
resilient populations of Bradshaw's lomatium. Many stressors to the
species are being addressed through habitat management and population
augmentation, but ongoing management is necessary to maintain resilient
populations throughout the species' range.
In sum, significant impacts at the time of listing such as habitat
loss due to land use conversion and woody encroachment that could have
resulted in the extirpation of all or parts of populations have been
either eliminated or reduced since listing. An assessment of likely
future conditions, including the status of known stressors, management
trends, and possible impacts of climate change, finds that although
populations may decline in abundance, at least 14 to 16 populations
across the range of the species are expected to maintain high or
moderate resiliency over a timeframe of 25 to 50 years into the future
(Service 2018, pp. 42-46). We, therefore, conclude that the previously
recognized impacts to Bradshaw's lomatium from present or threatened
destruction, modification, or curtailment of its habitat or range
(specifically, habitat development for agriculture or urbanization and
invasion of prairie vegetation by various woody plant species) (Factor
A); disease or predation (specifically, parasitism by insects and
predation by voles) (Factor C); the inadequacy of existing regulatory
mechanisms (Factor D); and other natural or manmade factors affecting
its continued existence (specifically, genetic isolation, inbreeding
depression, and the effects of climate change) (Factor E) do not rise
to a level of significance, either individually or in combination, such
that the species is in danger of extinction now or likely to become so
within the foreseeable future. Overutilization for commercial,
recreational, scientific, or educational purposes (Factor B) was not a
factor in listing and based on the best available information, we
conclude that it does not constitute a threat to Bradshaw's lomatium
now or in the foreseeable future. The Service recognizes that woody
encroachment and nonnative, invasive plant species are stressors with
ongoing impacts to Bradshaw's lomatium, but finds that current and
expected trends in site protection and habitat management are
sufficient to prevent these stressors from constituting a threat to the
species such that it would meet the definition of an endangered species
or a threatened species. Thus, after assessing the best available
information, we determine that Bradshaw's lomatium is not in danger of
extinction now or likely to become so in 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
in the foreseeable future throughout all or a significant portion of
its range. Having determined that Bradshaw's lomatium is not in danger
of extinction or likely to become so in the foreseeable future
throughout all of its range, we now consider whether it may be in
danger of extinction or likely to become so in the foreseeable future
in a significant portion of its range--that is, whether there is any
portion of the species' range for which both (1) the portion is
significant, and (2) the species is in danger of extinction now or
likely to become so in the foreseeable future in that portion.
Depending on the case, it might be more efficient for us to address the
``significance'' question or the ``status'' question first. We can
choose to address either question first. Regardless of which question
we address first, if we reach a negative answer with respect to the
first question that we address, we do not need to evaluate the other
question for that portion of the species' range. In undertaking this
analysis for Bradshaw's lomatium, we choose to address the status
question first--we consider information pertaining to the geographic
distribution of both the species and the threats that the species faces
to identify any portions of the range where the species is endangered
or threatened. We considered whether the threats to Bradshaw's lomatium
are geographically concentrated in any portion of the species' range at
a biologically meaningful scale. We examined the following threats:
Habitat loss from land conversion or invasion of prairies by nonnative,
invasive, and woody species; parasitic organisms; predation by voles;
inadequate State or Federal protections; inbreeding depression; climate
change; and the cumulative effects of these threats.
The threat of habitat loss from land conversion and invasion of
prairies by nonnative, invasive, and woody species has decreased in all
portions of the range since the time of listing, due to land protection
efforts and active habitat management. Of the two sites that comprise
the sole population of Bradshaw's lomatium in southwestern Washington,
one is located on a privately owned golf course and contained
approximately 10.8 million Bradshaw's lomatium plants at the most
recent survey. This site currently has high-quality habitat. Current
management at the site, as in past years, supports open, wet prairie
conditions (Service 2018, pp. 29, 57), primarily through mowing.
Although no formal protections are in place that would prevent future
development, we have no information to indicate that it is likely the
site would be developed or that habitat management will change in any
way that would substantially impact Bradshaw's lomatium. In addition,
the areas occupied by Bradshaw's lomatium are within wetlands, which
may have protections from development under State or Federal law. Based
on the current protections of the other Washington site, a preserve
owned and managed by the WDNR, the lack of any present threat of
destruction or degradation at the privately owned golf course site, and
ongoing appropriate management at both sites, we have confidence that
habitat at these sites will continue to support Bradshaw's lomatium for
the foreseeable future. In Oregon, greater than 99 percent of known
Bradshaw's lomatium plants occur on sites protected through public or
NGO ownership, through designation as a right-of-way, or by
conservation easements on private lands. Rangewide, 75 percent of the
known sites receive active management that benefits the species. Thus,
we have found no evidence that the present or threatened destruction,
modification, or curtailment of habitat (Factor A) is concentrated
within any portion of Bradshaw's lomatium's range, or will be within
the foreseeable future.
We found no evidence that negative impacts due to parasitic
organisms constitute a threat to the viability of Bradshaw's lomatium
in any part of its range, now or in the foreseeable future.
Predation by voles appears to vary year to year and can
substantially reduce aboveground biomass and reproduction of Bradshaw's
lomatium in years when vole abundance is high. However, the effect on
populations is found to be minimal over time, as long as there is
sufficient time for Bradshaw's lomatium to regenerate taproot reserves
between vole outbreaks (Drew 2000, pp. 54-55), and no consistent long-
term declines attributable to vole predation have been reported
(Service 2018, p. 20). The best available information does not indicate
that predation is
[[Page 13214]]
concentrated with any portion of the range of Bradshaw's lomatium, or
will be within the foreseeable future (Factor C).
Current State and Federal protections appear adequate to address
the loss of Bradshaw's lomatium habitat throughout its range, and we do
not foresee changes to these protections in the foreseeable future
(Factor D). As described above, we do not consider habitat loss to be
concentrated within any portion of its range. Of the two known sites
containing Bradshaw's lomatium in southwestern Washington, one is
protected through ownership by the WDNR. Although the second, larger
site lacks formal protection, it faces no currently known threat of
habitat loss or degradation, either now or within the foreseeable
future. Additionally, the WDNR continues to make efforts to provide
additional conservation at the site. Bradshaw's lomatium remains listed
as endangered by the State of Washington.
Concerns over the possibility of inbreeding depression expressed at
the time of listing are now reduced due to a subsequent study
indicating that overall genetic diversity in Bradshaw's lomatium is
relatively high for a rare species (Gitzendanner and Soltis 2001, pp.
352-353), and is greater than that found in other rare Lomatium species
(Gitzendanner and Soltis 2000, p. 787). Although the most disjunct
population in southwestern Washington showed relatively lower genetic
diversity than less geographically isolated populations (Gitzendanner
and Soltis 2001, p. 353), the threat of inbreeding depression is
considered reduced, as we now understand Bradshaw's lomatium to be
primarily an outcrossing species (which promotes increased genetic
diversity), rather than an obligate self-pollinating species as was
believed at the time of listing (Service 2018, pp. 7, 20). We have no
information indicating that inbreeding depression constitutes a threat
to the viability of Bradshaw's lomatium in any part of its range, now
or in the foreseeable future.
In our SSA report, we assessed the potential impacts of climate
change on Bradshaw's lomatium projected up to 50 years in the future,
and conservatively evaluated a future scenario in which the potential
negative effects of climate change were such that all populations were
reduced in size by up to 50 percent. Under such a scenario, we
estimated that populations currently in low condition or with very low
abundance may be extirpated due to the combined effects of climate
change impacts and stochastic events; this translated to an estimated
loss of up to five small populations, with other populations reduced in
size. However, even with a presumed 50 percent reduction in abundance,
at least 14 to 16 populations of Bradshaw's lomatium in moderate or
high condition are expected to remain throughout the range with ongoing
management. We, therefore, have no information to indicate that other
natural or manmade factors pose a threat to the continued existence of
Bradshaw's lomatium (Factor E), now or within the foreseeable future,
in any portion of the range.
Although the types, magnitude, or extent of potential cumulative
impacts are difficult to predict, we are not aware of any combination
of factors that are likely to co-occur with significant negative
consequences for the species within any portion of its range. We
anticipate that any negative consequence of co-occurring threats will
be successfully addressed through the same active management actions
that have contributed to the ongoing recovery of Bradshaw's lomatium
and that are expected to continue into the future.
We found no concentration of threats in any portion of Bradshaw's
lomatium's range at a biologically meaningful scale. Therefore, no
portion of the species' range can provide a basis for determining that
the species is in danger of extinction now or likely to become so in
the foreseeable future in a significant portion of its range, and we
find the species is not in danger of extinction now or likely to become
so in the foreseeable future in any significant portion of its range.
This is consistent with the courts' holdings in Desert Survivors v.
Department of the Interior, No. 16-cv-01165-JCS, 2018 WL 4053447 (N.D.
Cal. Aug. 24, 2018), and Center for Biological Diversity v. Jewell, 248
F. Supp. 3d, 946, 959 (D. Ariz. 2017).
Determination of Status
Our review of the best available scientific and commercial
information indicates that Bradshaw's lomatium does not meet the
definition of an endangered species or a threatened species in
accordance with sections 3(6) and 3(20) of the Act. Therefore, we are
removing Bradshaw's lomatium from the List of Endangered and Threatened
Plants.
Effects of This Rule
This rule revises 50 CFR 17.12(h) to remove Bradshaw's lomatium
from the Federal List of Endangered and Threatened Plants. On the
effective date of this rule (see DATES, above), the prohibitions and
conservation measures provided by the Act, particularly through
sections 7 and 9, no longer apply to this species, and Federal agencies
are no longer required to consult with the Service under section 7 of
the Act in the event that activities they authorize, fund, or carry out
may affect Bradshaw's lomatium. There is no critical habitat designated
for this species, so there will be no change to 50 CFR 17.96.
Post-Delisting Monitoring
Section 4(g)(1) of the Act requires the Secretary of the Interior,
through the Service and in cooperation with the States, to implement a
monitoring program for not less than 5 years for all species that no
longer meet the definition of endangered or threatened and, therefore,
have been delisted. The purpose of this post-delisting monitoring is to
verify that a species remains secure from risk of extinction after the
protections of the Act have been removed. The monitoring is designed to
detect the failure of any delisted species to sustain itself without
the protective measures provided by the Act. If, at any time during the
monitoring period, data indicate that the protective status under the
Act should be reinstated, we can initiate listing procedures,
including, if appropriate, emergency listing under section 4(b)(7) of
the Act. Section 4(g) of the Act explicitly requires us to cooperate
with the States in post-delisting monitoring programs, but we remain
responsible for compliance with section 4(g) of the Act and, therefore,
must remain actively engaged in all phases of post-delisting
monitoring. We also seek active participation of other entities that
are expected to assume responsibilities for the species' conservation
post-delisting.
We prepared a post-delisting monitoring plan for Bradshaw's
lomatium. The plan discusses the current status of the species and
describes the methods for monitoring the species subsequent to its
removal from the Federal List of Endangered and Threatened Plants. The
final post-delisting monitoring plan is available at http://www.regulations.gov under Docket No. FWS-R1-ES-2019-0013. We will work
closely with our partners to maintain the recovered status of
Bradshaw's lomatium and ensure post-delisting monitoring is conducted
and future management strategies are implemented (as necessary) to
benefit Bradshaw's lomatium.
[[Page 13215]]
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be
prepared in connection with regulations pursuant to section 4(a) of the
Act. We published a notice outlining our reasons for this determination
in the Federal Register on October 25, 1983 (48 FR 49244).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
Tribes in developing programs for healthy ecosystems, to acknowledge
that Tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to Tribes. We have determined that no Tribes will
be affected by this rule because no Tribal lands, sacred sites, or
resources will be affected by the removal of Bradshaw's lomatium from
the List of Endangered and Threatened Plants.
References Cited
A complete list of all references cited in this rule is available
on the internet at http://www.regulations.gov under Docket No. FWS-R1-
ES-2019-0013 or upon request from the State Supervisor, Oregon Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this rule are the staff of the Oregon Fish
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless
otherwise noted.
Sec. 17.12 [Amended]
0
2. Amend Sec. 17.12(h) by removing the entry for ``Lomatium
bradshawii'' under FLOWERING PLANTS from the List of Endangered and
Threatened Plants.
Martha Williams,
Principal Deputy Director Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service..
[FR Doc. 2021-04693 Filed 3-5-21; 8:45 am]
BILLING CODE 4333-15-P