Federal Register, Volume 79 Issue 165 (Tuesday, August 26, 2014) 2014 Federal Register, 79 FR 50844-50854; Centralized Library: U.S. Fish and Wildlife Service -

[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Rules and Regulations]
[Pages 50844-50854]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20054]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2013-0078; 4500030113]
RIN 1018-AY27

Endangered and Threatened Wildlife and Plants; Endangered Status
for Vandenberg Monkeyflower

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
endangered species status under the Endangered Species Act of 1973
(Act), as amended, for Diplacus vandenbergensis (Vandenberg
monkeyflower), a plant species from Santa Barbara County, California.
The effect of this regulation will be to add this species to the
Federal List of Endangered and Threatened Plants.

DATES: This rule is effective September 25, 2014.

ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov (Docket No. FWS-R8-ES-2013-0078). 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. Comments, materials, and documentation that we
considered in this rulemaking are available by appointment, during
normal business hours at: U.S. Fish and Wildlife Service, Ventura Fish
and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 930032;
telephone 805-644-1766; or facsimile 805-644-3958.

FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor,
U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493
Portola Road, Suite B, Ventura, CA 930032; telephone 805-644-1766; or
facsimile 805-644-3958. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at
800-877-8339.

SUPPLEMENTARY INFORMATION:

Previous Federal Action

Please refer to the proposed listing rule for Vandenberg
monkeyflower (78 FR 64840; October 29, 2013) for a detailed description
of previous Federal actions concerning this species.
We will also publish a final rule to designate critical habitat for
Vandenberg monkeflower under the Act in the near future (16 U.S.C. 1531
et seq.).

Background

Vandenberg monkeyflower is a small, annual herbaceous plant in the
Lopseed family (Phrymaceae) with stems that are glandular and usually
green with purplish tinting. Plants produce a single yellow flower, or
plants are branched producing multiple flowers. The tubular yellow
flowers are bilaterally symmetrical, with the distal ends of the petals
forming a unique structure that is likened to a face; hence, the common
name monkeyflower.
Vandenberg monkeyflower occupies a specific landscape in Santa
Barbara County, California, known as Burton Mesa. Burton Mesa supports
a mosaic of several native vegetation types, including maritime
chaparral, maritime

[[Page 50845]]

chaparral mixed with coastal scrub, oak woodland, and small patches of
native grasslands (Wilken and Wardlaw 2010, p. 2). The maritime
chaparral on Burton Mesa is referred to as Burton Mesa chaparral (Odion
et al. 1992, pp. 5-6; Sawyer et al. 2009, p. 376), and is dominated by
evergreen shrubs and scattered multi-trunked Quercus agrifolia (coast
live oak) that form open stands to almost impenetrable thickets over
large areas of Burton Mesa, with heights reaching up to 13 ft (4 m)
(Gevirtz et al. 2007, pp. 95-96). Vandenberg monkeyflower does not grow
beneath the canopy of shrubs or oaks, but rather in the sandy openings
(canopy gaps) that occur in-between shrubs. Sandy openings have been
noted for their high abundance and diversity of annual and perennial
herbaceous species, compared to those found in the understory of the
shrub canopy (Hickson 1987, Davis et al. 1989; Keeley et al. 1981;
Horton and Kraebel 1955).
Vandenberg monkeyflower is sensitive to annual levels of rainfall
(Thompson 2005, p. 23), and, therefore, germination of resident seed
banks may be low or nonexistent in unfavorable years, with little or no
visible aboveground expression of the species. The annual differences
in the numbers and location of aboveground plants indicate the presence
of a seed bank.
Vandenberg monkeyflower is currently known to occur within sandy
openings at nine extant locations; one additional location is
potentially extirpated (see Distribution of Vandenberg Monkeyflower in
the proposed listing rule (78 FR 64840; October 29, 2013)). Because
portions of Burton Mesa are inaccessible and difficult to survey,
Vandenberg monkeyflower has the potential to occur in areas within
sandy openings where it has not yet been observed. However, not all
sandy openings within the shrub canopy appear to be currently suitable
for Vandenberg monkeyflower because some of the sandy openings consist
of sands that structurally seem more consolidated and currently do not
support this species (Rutherford in litt. 2012). To date, all of the
extant occurrences of Vandenberg monkeyflower are within sandy openings
where the structure of the sands appears loose (Rutherford in litt.
2012).
Please refer to the Background section of Vandenberg monkeyflower's
proposed listing rule (78 FR 64840; October 29, 2013) for a summary of
additional species information.

Summary of Changes From the Proposed Rule

Based on comments and information received from peer reviewers and
the public, we are revising our discussions of the following specific
biological information for Vandenberg monkeyflower: Dispersal ecology
and pollinator ecology. Additional information related to description
and taxonomy, life history, geographic setting, climate, habitat, land
ownership, distribution, and current status/occurrences is available in
the Background section of the proposed listing rule (78 FR 64840;
October 29, 2013).

Dispersal Ecology

Seeds of Vandenberg monkeyflower are small and light in weight,
dispersing primarily by gravity and also by water and wind over
relatively short distances (Thompson 2005, p. 130; Fraga in litt.
2012). The small size of the seed makes it likely that short-distance
dispersal could also be facilitated by ants, as has been noted for
other small-seeded plant taxa (Cain et al. 1998, pp. 328-330). The
literature on seed dispersal discusses that, while short-distance
dispersal occurs with high frequency (Cain et al. 2000, p. 1218), this
method of dispersal is most important for understanding dispersal of
seeds within populations (e.g., metapopulation dynamics), recruitment
patterns, and resource use (Nathan et al. 2003, p. 261).
Dispersal of seed between populations and dispersal of seed from
established populations to newly colonized sites are typically the
result of less frequently occurring, long-distance seed dispersal
events (Cain 2000, pp. 1217-1227; Nathan et al. 2003, p. 262).
Moreover, while there is good correlation between seed morphology and
short-distance dispersal, seed morphology characteristics are less
important for understanding long-distance dispersal because long-
distance dispersal is more dependent on the dispersal event. Therefore,
while seed morphology characteristics of Vandenberg monkeyflower are
consistent with short-term dispersal, long-distance dispersal events
would still be important for dispersing seed between populations and to
new sites with suitable habitat. We recognize, however, that
determining long-distance seed dispersal distances for any species is
challenging because of the difficulty observing and quantifying long-
distance dispersal events.
Long-distance dispersal of seeds occurs in numerous ways, including
vertebrate dispersal (by adhesion or ingestion), wind dispersal of
seeds (in updrafts and storms, or by secondary dispersal over the
substrate), wind dispersal of plants (tumble-plant dispersal), and
water dispersal (Cain et al. 2000, p. 1218). Given that the Burton Mesa
area is subject to occasional high winds (see discussion in Climate
section in the proposed listing rule), long-distance dispersal of
Vandenberg monkeyflower seeds likely occurs during these wind events.
Wind dispersal likely leads to a random dispersal of seeds, some of
which fall into suitable habitat.

Pollinator Ecology

First, we are correcting a reference that was cited in our proposed
listing rule. Specifically, we cited Krombein et al. (1979) for a list
of pollinators observed on Vandenberg monkeyflower. However, the list
of pollinators was for those that have been observed on Diplacus
[Mimulus] fremontii, a closely related species.
Second, we are revising our discussion on the pollination ecology
of Vandenberg monkeyflower to include additional information about
potential Vandenberg monkeyflower pollinators, both with respect to the
wider array of pollinators as well as the inclusion of pollinators that
are considered of large size. Species of Diplacus are predominantly
bee-pollinated, although the genus also includes species that are
pollinated by hummingbirds, hawk moths (Sphingidae), beeflies
(Bombyliidae), and other flies (order Diptera) (Wu et al. 2008, p.
224). Species of bees that have been observed to visit flowers of the
closely related Fremont monkeyflower (Diplacus [Mimulus] fremontii)
include sweat bees (Dufourea versatilis rubriventris), miner bees
(Perdita nitens, Caliopsis [Nomadopsis] fracta and C. nomadopsis
trifolii), mason bees (Hoplitis product bernardina), and leaf-cutter
bees (Anthidium collectum, Chelostoma cockerelli, C. minutum, C.
phaceliae, Chelostomopsis rubifloris, and Ashmeadiella timberlakei
timberlakei) (Krombein et al. 1979, pp. 1863-2030; Bugguide 2012; The
Xerces Society 2012). Additionally, Inouye (in litt. 2012) observed
that small solitary bees were the most common pollinators on three
other species of small annual monkeyflower species from dry and mesic
habitats (D. androsaceus, D. angustatus, and D. douglasii); and Fraga
(in litt. 2012) has observed halictid bees (Halictidae) on other small
monkeyflower species.
Observations of insects specifically on Vandenberg monkeyflower
include domestic honey bees (Apis mellifera), an

[[Page 50846]]

unidentified native bee, a medium-sized bumblebee (Bombus sp.), and a
small black wasp (Chesnut in litt. 2014). In addition, Ballard (in
litt. 2014) documented a number of insects within Vandenberg
monkeyflower habitat, and though not specifically observed on
Vandenberg monkeyflower, are consistent with other observations of
likely pollinators; these include blue mud wasp (Chalybion
californicum), common eumenid wasp (yellow and black) (Euodynerus
annulatum), burrowing bee (Apinae), sweat bee (Halictidae), and
honeybees (Apis mellifera). Although most of the bees listed here are
considered to be small (6-8 mm long) or medium-sized (8-10 mm long)
bees, some of them (such as the honeybees) are considered to be large
(over 10 mm long) bees.

Summary of Biological Status and Threats

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

Factor A threats to Vandenberg monkeyflower habitat include
development (military, State lands, and residential); utility
maintenance and miscellaneous activities; invasive, nonnative plants;
anthropogenic (influenced by human-caused activity) fire; recreation;
and climate change. These impact categories overlap or act in concert
with each other to adversely affect Vandenberg monkeyflower habitat.
The full analysis for each of these Factor A threats is described in
detail in the October 29, 2013, proposed listing rule (78 FR 64840),
and is summarized below. The proposed rule also provides a discussion
of the various conservation measures that have occurred to date to
assist in addressing these threats (see Factor A--Conservation Measures
Undertaken section of the proposed listing rule).
Development
Most of the historical loss of Burton Mesa chaparral where
Vandenberg monkeyflower occurs is due to military activities
(Vandenberg AFB), residential communities (Vandenberg Village, Mission
Hills, and Mesa Oaks), infrastructure at La Purisima Mission State
Historic Park (SHP), and commercial development that occurred in the
past and resulted in many developed areas that have existed for
decades, although historical loss of chaparral is also due to the
presence and expansion of invasive, nonnative plants. Prior to 1938,
there were approximately 23,550 ac (9,350 ha) of Burton Mesa chaparral
(Hickson 1987, p. 34). In 2012, approximately 10,057 ac (4,070 ha) of
Burton Mesa chaparral remained, which represents a loss of 53 percent
of the original upland habitat (Service 2012, unpublished data). Based
on the habitat characteristics of Burton Mesa chaparral, it is probable
that an equivalent percent loss of sandy openings that occur in-between
shrubs may have occurred over this timeframe (see Background--Habitat
section of the proposed listing rule).
The majority of remaining Burton Mesa chaparral where Vandenberg
monkeyflower occurs is within Federal or State-owned lands and is
protected from development. Therefore, large-scale future development
of remaining Burton Mesa chaparral is not likely to occur and thus is
not a significant threat to Vandenberg monkeyflower. However, smaller-
scale private property development; access to easements; maintenance of
utility, oil, and gas pipelines; fire and fire suppression; and
authorized and unauthorized recreational activities may continue to
take place throughout Burton Mesa. Some of these activities may occur
within Burton Mesa chaparral or adjacent to occurrences of Vandenberg
monkeyflower, resulting in the destruction and possible removal of
Vandenberg monkeyflower habitat and creating open areas for nonnative
plants to invade. Therefore, the direct destruction and alteration of
chaparral habitat (Factor A) is likely to continue on a relatively
small scale and is thus considered a threat to Vandenberg monkeyflower
both currently and in the future.
Utility and Pipeline Maintenance
Utility and pipeline structures occur within the Burton Mesa
Ecological Reserve (Reserve), and access routes through the Reserve
service the Plains Exploration and Production Company oil processing
plant, which surrounds the La Purisima Management Unit of the Reserve.
Additionally, local land use agencies and public works agencies retain
other utilities and pipelines, and easements for access. For example,
the Vandenberg Village Community Services District has several
structures (including water tanks, a water processing plant, wells, and
water lines and sewer lines) located within the Reserve (Gevirtz et al.
2007, p. 63). These existing facilities or structures at times require
routine maintenance to ensure proper operation. As a result, vehicles
and foot traffic could occur at or adjacent to these structures and
potentially result in trampling of habitat and other soil surface
disturbance, which in turn could result in ground disturbance that
removes Burton Mesa chaparral and creates open areas in the vegetation
that act as pathways for nonnative plants to expand or invade. There is
no indication that ongoing maintenance activities of existing pipelines
and utilities have directly impacted Vandenberg monkeyflower habitat.
However, utility maintenance actions could result in ground disturbance
that removes Burton Mesa chaparral, creating open areas in the
vegetation that act as pathways for nonnative plants to invade.
Invasive, Nonnative Species
Invasive, nonnative plants occur and are expanding throughout the
Burton Mesa. More specifically, at least one of the four most
problematic invasive plants occurs within or adjacent to suitable
habitat at each of the nine extant occurrences of Vandenberg
monkeyflower and at one potentially extirpated location. Invasive
plants have demonstrated the ability to reduce the diversity of native
vegetation and convert the native shrublands into nonnative-dominated
vegetation. In some areas, particularly on Vandenberg AFB, veldt grass,
iceplant, and pampas grass when first introduced were only minor
components of the vegetation; today, these nonnatives are dominant
components of the vegetation at the locations where they were
introduced, and they have expanded to new areas. The expansion of
invasive, nonnative plants is also prevalent on the Reserve and at La
Purisima Mission SHP. Native shrub recruitment and growth of native
annuals into open areas are substantially decreased where these
invasive, nonnative plants become established. Thus, it is likely that
invasive, nonnative plants will become more dominant where they already
occur and will continue to expand to

[[Page 50847]]

new areas due to the human activities on Burton Mesa, the competitive
fitness of these invasive plants, the direction of the prevailing wind,
and the potential for small- and large-scale disturbances (see Factor
A--Development and Anthropogenic Fire), all of which could create open
areas that promote invasive, nonnative species invasion and expansion.
With regard to site-specific impacts to Vandenberg monkeyflower
habitat, veldt grass has been observed occurring within suitable
habitat at each of the nine extant occurrences and at one potentially
extirpated location. Recent observations of the habitat at all nine
extant occurrences indicate that veldt grass is expanding and becoming
dominant in the sandy openings where Vandenberg monkeyflower grows.
Because veldt grass will outcompete native vegetation (including
overcrowding the sandy openings where Vandenberg monkeyflower grows)
and is very difficult to eradicate once it is established, the presence
and expansion of veldt grass within known occurrences of Vandenberg
monkeyflower is a continuous threat because it reduces the amount and
quality of this species' habitat. Three other invasive, nonnative
species (iceplant, Sahara mustard, and pampas grass) have substantial
impacts to Vandenberg monkeyflower and its habitat. These species,
along with numerous other nonnative plant species, are present
throughout Burton Mesa and at all extant occurrences of Vandenberg
monkeyflower. Similar to veldt grass, the other invasive, nonnative
plants reduce the amount and quality of habitat for Vandenberg
monkeyflower by outcompeting Burton Mesa chaparral vegetation and
decreasing the amount and availability of the sandy openings where
Vandenberg monkeyflower grows. Nevertheless, no invasive plant is as
prevalent and represents as much of a threat to Vandenberg monkeyflower
habitat as veldt grass.
Anthropogenic Fire
Because of the human presence and infrastructure on Burton Mesa,
the frequency of human-caused wildfires is likely greater than the
frequency of historical fires on the mesa. An increased fire frequency
in Burton Mesa chaparral would tend to favor the establishment of
nonnative vegetation in open areas at the expense of native vegetation.
However, the primary threat to Vandenberg monkeyflower and its habitat
from fire is the post-fire expansion of invasive, nonnative plants,
regardless of the fire frequency. Because an abundance of nonnative
plants already occurs on the mesa, and invasive plants rapidly invade
open areas, any fire that occurs within or adjacent to Vandenberg
monkeyflower habitat is likely to result in an increase of invasive,
nonnative vegetation. Likewise, fire suppression activities that
include clearing vegetation in fuel breaks or spreading retardant would
increase the likelihood of nonnative species invading suitable
Vandenberg monkeyflower habitat, as well as enhance the habitat
conditions for invasive species expansion. Additionally, because the
presence of invasive, nonnative plants creates a positive feedback
mechanism, the greater the percent cover of nonnative vegetation, the
more likely fires will occur on Burton Mesa. Based on the information
presented in this section, the current threat from anthropogenic fire
and associated fire suppression activities to Vandenberg monkeyflower
habitat described above is expected to continue into the future.
Recreation and Other Human Activities
Recreational activities that occur throughout Burton Mesa include
authorized uses such as hunting, hiking, biking, wildlife observation,
and leashed-dog walking. Additionally, off-road vehicle (ORV) use is
authorized on Vandenberg AFB (Air Force 2011a, p. 6), but it is not
permitted on the Reserve (Gevirtz et al. 2007, p. 70) or La Purisima
Mission SHP (California State Parks 1991, p. 109). ORV use and other
casual recreational activities may contribute to soil disturbance and
increase the potential for invasive, nonnative plants to be introduced
and further spread across Burton Mesa, including into locations where
Vandenberg monkeyflower and its suitable habitat occurs. At this time,
the best available information does not indicate that recreational
activities pose a substantial direct threat to Vandenberg monkeyflower
habitat, although these activities would indirectly affect the habitat
by contributing to the spread of invasive, nonnative plants within the
habitat and reducing the habitat quality.
Climate Change
Climate change may have potential impacts on Vandenberg
monkeyflower and its habitat (Factors A and E), such as increased
temperatures and decreased precipitation that would likely reduce
suitable habitat. Scientific measurements spanning several decades
demonstrate that changes in climate are occurring, and that the rate of
change has increased since the 1950s. Within central-western California
(i.e., counties along the California coast from the San Francisco Bay
area south to Santa Barbara County), regional climate models project a
mean annual temperature increase of 1.6 to 1.9 degrees Celsius ([deg]C)
(2.9-3.4 degrees Fahrenheit ([deg]F)) and a mean diurnal temperature
range increase of 0.1 to 0.2 [deg]C (0.2-0.4[emsp14][deg]F) by 2070
(Point Reyes Bird Observatory (PRBO) Conservation Science 2011, p. 35).
The projected impacts of climate change are warmer winter temperatures,
earlier warming in the spring, and increased summer temperatures (PRBO
Conservation Science 2011, p. 35). Additionally, regional climate
models project a decrease in mean annual rainfall of 2.4 to 7.4 in (6.1
to 18.8 cm) (PRBO Conservation Science 2011, p. 35). The large range of
possible precipitation change (-11 percent to -32 percent) is due to
different model projections and sensitivity. This sensitivity indicates
substantial uncertainty in precipitation projections (PRBO Conservation
Science 2011, p. 35). Other scientific sources (Snyder et al. 2004, pp.
594-595) project similar temperature increases and precipitation
decreases along the central California coast.
To estimate what changes in rainfall and temperature, if any, would
occur in the Burton Mesa area over the next 50 years, we used both
local weather data and an available projection tool called
ClimateWizard (2012). ClimateWizard (2012) projects that rainfall would
decrease an average of 8 to 12 percent from baseline and temperature
would rise approximately 2.5[emsp14][deg]F (1.4 [deg]C) by the 2050s. A
comparison between the Burton Mesa area and the eastern portion of
Santa Barbara County (for example, 30 mi (48 km) east of the Burton
Mesa area, which is projected to rise approximately 5[emsp14][deg]F
(2.8 [deg]C)), indicates that the change in temperature is expected to
be less in the Burton Mesa area. This prediction is likely due to the
moderating influence of ocean temperatures in coastal areas.
We recognize that climate change is an important issue with
potential impacts to species and their habitats, including Vandenberg
monkeyflower. Regional climate projections indicate that a warming and
drying trend is likely in central-western California, which would
likely make habitat less favorable for Vandenberg monkeyflower.
However, as stated above, these warming and drying effects may be
moderated by the marine influence. Therefore, climate change may not
affect Vandenberg monkeyflower or its habitat as quickly or as
extensively as may be projected.

[[Page 50848]]

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

No available information indicates any impacts to Vandenberg
monkeyflower related to overutilization for commercial, recreational,
scientific, or educational purposes or that these activities would
increase in the future. Therefore, we do not consider this factor to be
a threat to Vandenberg monkeyflower, nor do we expect it to be in the
future.

Factor C. Disease or Predation

We have no information indicating any impacts to Vandenberg
monkeyflower related to disease or predation, or that disease or
predation may become a concern in the future. Therefore, we do not
consider disease or predation to be threats to Vandenberg monkeyflower,
nor do we expect them to become threats in the future.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

Under this factor, we examine whether existing regulatory
mechanisms are inadequate to address the threats to Vandenberg
monkeyflower discussed under other factors. We give strongest weight to
statutes and their implementing regulations, and management direction
that stems from those laws and regulations. They are nondiscretionary
and enforceable, and are considered a regulatory mechanism under this
analysis. Examples include State governmental actions enforced under a
State statute or constitution, or Federal action under statute.
Some other programs are more voluntary in nature or dependent on
available funding (see Conservation Measures Undertaken under Factor A
in the proposed listing rule); in those cases, we analyze the specific
facts for that effort to ascertain its effectiveness at mitigating the
threat and the extent to which it can be relied on in the future.
Having evaluated the significance of the threat as mitigated by any
such conservation efforts, we analyze under Factor D the extent to
which existing regulatory mechanisms adequately address the specific
threats to the species. Regulatory mechanisms, if they exist, may
preclude the need for listing if we determine that such mechanisms
adequately address the threats to the species such that listing is not
warranted.
We note that Vandenberg monkeyflower is not State-listed as
endangered or threatened. The Service added this species to the Federal
list of candidate species on November 10, 2010 (75 FR 69222; see
previous Federal Actions in the proposed rule) and proposed listing
this species as endangered on October 29, 2013 (78 FR 64840). Candidate
species are afforded no protections under the Act. The California
Native Plant Society (CNPS) classifies this species as 1B.1, which
denotes that a taxon is seriously endangered in California (CNPS 2012).
The full Factor D analysis is described in detail in the October 29,
2013, proposed listing rule (78 FR 64840), and is summarized below.
The existing regulatory mechanisms at the Federal and State levels
require evaluation of potential actions that may impact Vandenberg
monkeyflower and its habitat on Burton Mesa. At the Federal level, the
National Environmental Policy Act (NEPA) requires only evaluation of
impacts to the human environment. The Sikes Act requires military
installations to develop Integrated Natural Resources Management Plans
(INRMPs) to ensure proper consideration of fish, wildlife, and habitat
needs on their lands. In 2012, the Air Force approved an Addendum (Air
Force 2012) to the 2011 INRMP (Air Force 2011b) that addresses the
conservation of Vandenberg monkeyflower and its habitat. Vandenberg
monkeyflower is considered a covered species, and the Air Force
provides management of the species by identifying the threat of
invasive, nonnative plants and proposing actions to limit further
spread of, and assist in the restoration of habitat degraded by,
invasive, nonnative plants. The Service has approved the INRMP and
Addendum as providing a conservation benefit to Vandenberg
monkeyflower, and anticipates continued coordination with the Air Force
regarding INRMP revisions and future conservation actions relevant to
Vandenberg monkeyflower and its habitat. With the exception of this
INRMP, no protections are in place at the local, State, and Federal
levels that are intended to protect a plant species that is not
federally or State listed. Additionally, at least one incident of
unauthorized grading occurred without following the required local
permit process; loss of Vandenberg monkeyflower individuals and habitat
was documented.
Federal and State ownership of much of the occupied Vandenberg
monkeyflower habitat and the regulatory framework that defines the use
of those Federal and State lands protect the species from direct losses
of habitat and provide further protection from many forms of
disturbance. However, the current regulatory regime does not address
the majority of impacts associated with loss of Vandenberg monkeyflower
habitat (i.e., development of private lands that result in habitat
loss, fire and fire suppression efforts, authorized and unauthorized
recreation activities, and the invasion and expansion of invasive,
nonnative species). As described under Factor A in the proposed listing
rule and summarized here, the primary threat with the greatest severity
and magnitude of impact to Vandenberg monkeyflower is invasive,
nonnative species invasion and expansion. Although some protections
currently exist for the species and its habitat as a result of existing
regulatory mechanisms in place at the local, State, and national
levels, our evaluation suggests these protections are inadequate to
address the primary threat of invasive, nonnative species to Vandenberg
monkeyflower and its habitat (Factor D).

Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence

Competition for Resources With Invasive, Nonnative Species
In Factor A, we discussed how invasive, nonnative plants alter the
habitat that supports Vandenberg monkeyflower. In this section, we
summarize how invasive, nonnative plants compete with individuals of
Vandenberg monkeyflower for light, water, and soil nutrients. Please
see the Factor E--Competition for Resources with Invasive, Nonnative
Species section of the proposed listing rule for a detailed discussion.
Invasion of nonnative plants and in particular nonnative grasses is
a threat to Vandenberg monkeyflower because small annuals such as this
species most likely cannot compete with fast-growing nonnative plants
for light, water, and soil nutrients (refer to Barrows et al. 2009;
Lambrinos 2000; D'Antonio and Vitousek 1992). Grasses have long been
recognized as effective competitors with herbaceous and woody species
(Davis and Mooney 1985; D'Antonio and Vitousek 1992). For example: (1)
Rapidly growing nonnative grasses can reduce light at the soil surface
and thereby reduce the photosynthetic ability of competitors (Thompson
1991, pp. 394-395); and (2) nonnative grasses can uptake water and
nutrients with their dense, shallow root systems (whereas root systems
of most woody species are deeper and less dense than those of grasses);
once woody species become large, they are generally thought to have
access to moisture and nutrients from portions of the soil profile
below

[[Page 50849]]

grass roots (D'Antonio and Vitousek 1992, p. 70). Grasses are most
effective as competitors against seedlings and shallow-rooted annuals
rather than saplings or adults of woody species (Davis and Mooney 1985,
p. 528; D'Antonio and Vitousek 1992, p. 70). However, Knoop and Walker
(1985, p. 249) demonstrated that grasses can reduce water availability
in the subsoil at a depth of 1 to 4.25 ft (0.3 to 1.3 m) where shrub
roots are common.
Because individuals of Vandenberg monkeyflower are small in stature
(growing up to 10 in (25.4 cm) tall), invasive, nonnative plants that
grow taller in stature and quicker than this species (such as veldt
grass and Sahara mustard; see Factor A--Invasive, Nonnative Plants and
Anthropogenic Fire sections of the proposed rule) may inhibit the
growth and production of Vandenberg monkeyflower attempting to grow
nearby. Moreover, because Vandenberg monkeyflower likely is shallow
rooted like other small annual plants that grow in sandy openings
within chaparral, invasive, nonnative grasses that occur within and
near the species are likely outcompeting it by depleting the water at
shallow depths and soil nutrients that it requires. Veldt grass is of
particular concern because: (1) It is present at nine (100 percent) of
the Vandenberg monkeyflower extant occurrences and one potentially
extirpated occurrence (i.e., Lower Santa Lucia Canyon); and (2) it has
deep-reaching roots that are able to tolerate Mediterranean climates
(Tothill 1962, pp. 132-161). Thus, veldt grass could deplete the water
and soil nutrients that would otherwise be available for Vandenberg
monkeyflower.
Small Population Size and Restricted Range
According to the criteria put forth by the World Conservation
Union, as modified for plants, a species that has life-history,
population, and distribution attributes similar to those of Vandenberg
monkeyflower is considered to have a high risk of extinction in the
wild in the immediate future (Keith 1998, pp. 1085-1087). Species with
few populations and individuals are vulnerable to the threat of
naturally occurring events, which can cause extinction through
mechanisms operating either at the genetic, population, or landscape
level (Shaffer 1981, pp. 131-134; Primack 1998, pp. 279-308). The
genetic characteristics of Vandenberg monkeyflower have not been
investigated; therefore, the degree to which genetic characteristics
contribute to the likelihood of this species being vulnerable to
extinction is unknown. However, random events operating at the
population and landscape levels may increase the chance of extinction
for Vandenberg monkeyflower. Although data are not available to
determine population trends for this species, the best available
information gained from multiple survey years between 2003 and 2012
indicate that 3 occurrences (33 percent) have fewer than 100
individuals. Six occurrences (67 percent) were recently shown to harbor
more than 100 individuals, and 2 of those 6 occurrences (22 percent)
contained more than 1,000 individuals (see Current Status of Vandenberg
Monkeyflower section in the proposed listing rule for further
population discussion).
Species with few populations or those with low numbers may be
subject to forces at the population level that affect their ability to
complete their life cycles successfully. The number and density of
flowering plants in a population can be important determinants of
pollinator abundance and behavior (Jennersten 1988, pp. 361-363;
Bernhardt et al. 2008, p. 948). Reduced numbers of individuals of
flowering plants may lead to a reduction in abundance of pollinators
and subsequent seed set and fitness of seed progeny (Menges 1991, p.
162). Specific information is not available for Vandenberg
monkeyflower; however, these studies on other plant-pollinator
relationships point out the importance of pollinators that is likely
applicable to Vandenberg monkeyflower.
The establishment and encroachment of nonnative species in and
around Vandenberg monkeyflower individuals and populations results in a
less diverse plant community. One aspect of this situation is the
reduction of native pollinators that are necessary for the continued
reproduction of Vandenberg monkeyflower because it is an annual, not a
perennial.
Annual plants that are subject to wide fluctuations in population
numbers from year to year, such as Vandenberg monkeyflower, may have
difficulty maintaining a viable population size after a series of poor
seed-production years. Additionally, if the host plants (plants being
visited by pollinators) are partially self-incompatible, reduction in
population size may lead to increased self-pollination and may reduce
the level of genetic variability. At the landscape level, random
natural events, such as storms, drought, or fire, could destroy a
significant percentage of individuals or entire populations. Because
Vandenberg monkeyflower comprises a small number of locations and
individuals, and is restricted to a small geographic area on Burton
Mesa, this species' risk of extinction increases from such naturally
occurring events. No empirical information is available to estimate
trends for Vandenberg monkeyflower populations; however, the continued
decrease in habitat (especially from nonnative plant invasions) is
contributing to habitat fragmentation and impacting the species'
ability to persist.
Recreation
Recreational use occurs on Burton Mesa within Vandenberg AFB, the
Reserve, and La Purisima Mission SHP. We discussed the effects to
Vandenberg monkeyflower habitat resulting from recreational use (see
Factor A--Recreation of the proposed rule); however, recreational
activities may also result in trampling individuals of Vandenberg
monkeyflower. The Volans Avenue occurrence of Vandenberg monkeyflower
is adjacent to a sewer line easement that is also used for hiking and
dog walking (see Factor A--Recreation of the proposed rule).
Recreational users are encouraged to stay within existing and
designated trails. No other location where this species occurs is
adjacent to designated trails. Therefore, the best available
information indicates that recreational activities involving casual
human use are having minimal effect on individuals of Vandenberg
monkeyflower. Unauthorized recreational activities such as mountain
biking and ORV use have resulted in damaged native vegetation, and
squashed and sometimes broken plant parts (Meyer in litt. 2010; Meyer
in litt. 2013). Determining where the unauthorized ORV activity
originates on the Reserve is difficult because of the historical
network of trails and roads. Available information does not indicate
the extent and degree to which ORV activity and mountain biking may be
impacting Vandenberg monkeyflower individuals.

Combination of Factors

Many of the threats discussed above act in concert, and the
resulting effects to Vandenberg monkeyflower are amplified. For
example, some land uses and development or maintenance activities
(Factor A) create ground disturbance and subsequent openings in the
vegetation where nonnative plants (Factor A) can invade, expand, and
outcompete native vegetation (Factor E). Fires on Burton Mesa (Factor
A) result in an increase in nonnative vegetation (Factor A). Similarly,
an abundance of nonnative vegetation, particularly grasses (Factors A
and E), may result in

[[Page 50850]]

an increase in fire frequency (Factor A). The availability of habitat
and small overall population size (Factor E) may be affected in a
changing climate and by events such as wildfire (Factor A). Thus,
Vandenberg monkeyflower's productivity may be reduced because of these
threats, either singularly or in combination. Existing regulatory
mechanisms have not proven effective at protecting Vandenberg
monkeyflower or its habitat from these threats (Factor D).
As stated above, the presence of invasive, nonnative plants is the
most significant threat to Vandenberg monkeyflower, both alone and in
combination with other Factors (e.g., anthropogenic fire, recreation).
The combination of factors would likely create a cumulative or
synergistic threat to the existence of Vandenberg monkeyflower. Given
these circumstances, the combined effects of current threats to the
population put the species at risk rangewide.
Please refer to the proposed listing rule (78 FR 64840; October 29,
2013), available at http://www.regulations.gov under Docket No. FWS-R8-
ES-2013-0078, for a more detailed discussion of the biological status
of Vandenberg monkeyflower and the impacts affecting the species and
its habitat, which we have summarized here. Our assessment was based
upon the best available scientific and commercial data and expert
opinions of our staff.

Summary of Comments and Recommendations

In the proposed rule published on October 29, 2013 (78 FR 64840),
we requested that all interested parties submit written comments on the
proposal by December 13, 2013. 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
Santa Barbara News-Press. We did not receive any requests for a public
hearing. All substantive information provided during comment periods
has either been incorporated directly into this final determination or
is addressed below.

Peer Reviewer Comments

In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from three knowledgeable
individuals with scientific expertise that included familiarity with
Vandenberg monkeyflower and its habitat, the geographic region in which
the species occurs, and conservation biology principles relevant to the
species. We received responses from all three peer reviewers. We
reviewed all comments received from the peer reviewers for substantive
issues and new information. The peer reviewers provided additional
information, clarifications, and suggestions to improve the final
listing rule as discussed in more detail below. Peer reviewer comments
are addressed in the following summary and incorporated into the final
rule as appropriate.
Comment 1: One peer reviewer stated that the shutdown of the
California Department of Food and Agriculture's (CDFA) A-rated Noxious
Weed Eradication Program in 2011, which provided funding and manpower
for projects in Santa Barbara County, would contribute to the nonnative
species threat. Another peer reviewer reiterated the threat posed by
nonnative species and the difficulty managing them.
Response: We acknowledge the peer reviewers' comments. We agree
with the peer reviewers that invasive, nonnative plants are impacting
Vandenberg monkeyflower individuals and habitat (see Factor A. The
Present or Threatened Destruction, Modification, or Curtailment of Its
Habitat or Range--Invasive Nonnative Species). It is unfortunate that
CDFA eliminated State funding for all weed programs in 2011, given that
invasive, nonnative plants are a significant threat to Vandenberg
monkeyflower and its habitat. We have contributed to invasive,
nonnative plant control on Burton Mesa, such as through the Service's
Partners for Fish and Wildlife Program, to assist La Purisima Mission
State Historic Park with veldt grass removal adjacent to Vandenberg
monkeyflower populations. We agree that veldt grass and other nonnative
plants are a pervasive presence in Vandenberg monkeyflower habitat, and
we intend to continue partnering with State Parks, California
Department of Fish and Wildlife, and other entities, such as the County
of Santa Barbara and local agencies, on efforts to control and remove
invasive, nonnative plants from sites on Burton Mesa that impact
Vandenberg monkeyflower and other sensitive species.
Comment 2: One peer reviewer provided recommendations for minor
changes to the Background section (taxonomy, biology and life history,
habitat and soil preferences, spatial distribution, historical range,
and population size) of the proposed rule.
Response: We appreciate the suggestions and clarifying information
provided by the peer reviewer and the opportunity to incorporate the
best available scientific information into the final rule. The
information provided by the peer reviewer is related to a section of
the proposed rule that is not repeated in this final rule.
Nevertheless, we have made use of this information in other sections of
this final rule, where appropriate, and it informs our final
determination. Moreover, we will similarly use this information in
future actions related to Vandenberg monkeyflower. The information did
not alter our determination for Vandenberg monkeyflower as an
endangered species. The following three comments and responses (i.e.,
Comments 2(a), 2(b), and 2(c)) are a summary of the peer reviewer's
three clarifications and our responses.
Comment 2(a): The peer reviewer noted that in the ``Life History''
section of the proposed rule, Layia glandulosa (tidytips) and Plantago
erecta (plantain) would be better species to provide as examples of
other plants that, like Vandenberg monkeyflower, respond to winter
rains and bloom earlier in the growing season. The peer reviewer stated
that the example we referenced as being similar to Vandenberg
monkeyflower, Lessingia glandulifera (lessingia), may not be as good of
a comparison because it is a much larger and robust annual that often
blooms later in the season and may respond to the occasional summer
rain event.
Response: We acknowledge the peer reviewer's comment. While we made
reference to lessingia because it is an often co-occurring annual in
sandy openings with Vandenberg monkeyflower, we agree that its
phenology and response to occasional summer rain events is different
than that of Vandenberg monkeyflower, and that some of the other co-
occurring annual plant species may be more similar.
Comment 2(b): The peer reviewer noted in the ``Distribution''
section of the proposed rule conflicting terminology; specifically, we
referred to a historical occurrence of Vandenberg monkeyflower located
in the Santa Rita Valley also as the Santa Ynez Valley.
Response: We used the descriptions of valley names interchangeably;
however, the Santa Rita Valley watershed is a tributary of the larger
Santa Ynez Valley watershed, and so the former is a more precise
reference to the historical location of this species. We have now
clarified this description in this final rule as Santa Rita Valley,
where appropriate.
Comment 2(c): The peer reviewer commented that the historical
occurrence in the Santa Rita Valley mentioned in the ``Distribution''
section

[[Page 50851]]

should be shown on the map of the distribution of Vandenberg
monkeyflower occurrences (Figure 2), and we should consider that this
historical occurrence may have persisted for a long time and was
extirpated by land-use conversion in the area.
Response: We chose to include only the known extant occurrences of
Vandenberg monkeyflower in the distribution map presented in the
proposed rule (78 FR 64840, 64846). In the Distribution of Vandenberg
Monkeyflower--Historical Occurrences section of the proposed rule, we
noted that Vandenberg monkeyflower has been extirpated at this location
because no suitable habitat remains due to agricultural conversion
(including vineyards and berries (Elvin 2009, pers. obs.)) and heavily
grazed pastureland (Wilken and Wardlaw 2010, Appendix 2).
Comment 3: One peer reviewer commented on our discussion in the
Summary of Factors Affecting the Species section of the proposed rule
regarding habitat threats (Factor A) from private land development and
the impact to the soil seed bank. The following statement from the
proposed rule was unclear to the commenter: ``Data are not available on
the specific acreage of sandy openings expected to be lost as a result
of these projects, but data are provided on the loss of Burton Mesa
chaparral and the number of individuals of Vandenberg monkeyflower
observed at, or adjacent to, these project sites.''
Response: We appreciate the comment regarding the importance of the
soil seed bank for Vandenberg monkeyflower. To clarify the statement
mentioned above, it is meant to lay out what information we have about
habitat loss resulting from the private land developments. We describe
that Vandenberg monkeyflower occurs in sandy openings within Burton
Mesa chaparral habitat. Because data measuring specific acreages of
sandy openings expected to be lost as a result of these projects are
not available (reporting of the loss of Burton Mesa chaparral typically
does not include a separate breakdown of loss of sandy openings), we
discuss the threat of habitat loss in terms of loss of overall
chaparral habitat and the threats to the amount and quality of sandy
openings where Vandenberg monkeyflower grows.

Public Comments

We received two public comments. Both were supportive of our
proposed listing of Vandenberg monkeyflower as an endangered species,
although no specific comments were provided.

Determination

Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence. Listing actions may be warranted based on any of
the above threat factors, singly or in combination.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to Vandenberg monkeyflower. We considered the five factors identified
in section 4(a)(1) of the Act in determining whether Vandenberg
monkeyflower meets the Act's definition of an endangered species
(section 3(6)) or a threatened species (section 3(20)). We determined
that Vandenberg monkeyflower is endangered by the present or threatened
destruction, modification, or curtailment of its habitat or range
(Factor A), and other natural or manmade factors affecting its
continued existence (Factor E). The greatest threat to Vandenberg
monkeyflower is the presence and expansion of invasive, nonnative
plants that are abundant on Burton Mesa, particularly occurring within
or adjacent to all known occurrences of Vandenberg monkeyflower.
Additionally, many of the threats act in concert, and the resulting
effects to Vandenberg monkeyflower are amplified.
We did not identify threats to Vandenberg monkeyflower due to
overutilization for commercial, recreational, scientific, or
educational purposes (Factor B); or disease or predation (Factor C).
Although regulatory mechanisms (Factor D) are in place that provide
some protection to Vandenberg monkeyflower and its habitat, these
mechanisms do not completely alleviate all of the threats currently
acting on the species.
In the summary of the threats described in detail above, we found
that Vandenberg monkeyflower suitable habitat on Burton Mesa has been
displaced by military, residential, and commercial development,
although the most significant ongoing threat to Vandenberg monkeyflower
is the loss of habitat due to the presence and continual spread of
invasive, nonnative plants (Factor A). Approximately 53 percent of
Burton Mesa chaparral habitat has been lost, with only 10,057 ac (4,070
ha) of the 23,550 ac (9,350 ha) that existed before 1938 remaining.
Additionally, invasive, nonnative plants, in particular veldt grass,
are present and continuing to expand at all nine extant locations. No
Vandenberg monkeyflower individuals have been observed at the three
smallest extant locations in the last 3 years at one location and the
last 6 years at the other two locations even though a residual seed
bank is likely present. Burton Mesa chaparral is also subject to an
anthropogenic fire regime that can increase the presence of invasive
plants (Factor A). Casual human recreational use and utility
maintenance activities can contribute to habitat disturbance that
facilitates pathways for nonnative species to invade Burton Mesa
chaparral habitat (Factor A).
Furthermore, invasive, nonnative plants are likely competing with
Vandenberg monkeyflower for sunlight, water, and soil resources, and
the species' restricted range and small population size make it
vulnerable to changing environmental conditions due to climate change
and other random, naturally occurring events (Factor E). Small
population size is a highlighted concern in part due to the low number
of individuals found to exist at the 3 smallest extant occurrences; in
particular, 3 of the 9 occurrences have a range of 0 to 25 individuals
documented between 2003 and 2012. The threats described above for
Vandenberg monkeyflower occur across its entire range, resulting in a
negative impact on the species' distribution, abundance, and
probability of long-term persistence. Existing regulatory mechanisms
are not adequate to protect the species or its habitat from these
identified threats (Factor D).
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' We find that Vandenberg monkeyflower
is facing ongoing and projected threats across its range, and because
of its restricted range and population size, it is vulnerable to
extinction from elevated threats. We conclude that it meets the
definition of an endangered species throughout its entire range due

[[Page 50852]]

primarily to: (1) The invasion, spread, and competition of invasive,
nonnative species at all nine extant locations; (2) the species occurs
only on Burton Mesa and over one-half of the habitat has been lost; and
(3) its small population size makes it vulnerable to stochastic events.
These impacts are heightened due to anthropogenic fire conditions that
promote further invasion of nonnative species; recreation and other
human activities that contribute to the spread of invasive, nonnative
species; and continued development on private lands that further
reduces and fragments the remaining suitable habitat. The threats to
its continued existence are not commencing in the foreseeable future
(which would result in a status determination of a threatened species),
but are immediate and ongoing. We base this determination on the
immediacy, severity, and scope of the threats described above.
Therefore, on the basis of the best available scientific and commercial
information, we are listing Vandenberg monkeyflower as an endangered
species in accordance with sections 3(6) and 4(a)(1) of the Act.
Under the Act and our implementing regulations, a species may
warrant listing if it meets the definition of an endangered or
threatened species throughout all or a significant portion of its
range. The Vandenberg monkeyflower that is proposed for listing in this
rule is highly restricted in its range and the threats occur throughout
its range. Therefore, we assessed the status of Vandenberg monkeyflower
throughout its entire range. The threats to the survival of the species
occur throughout the species' range and are not restricted to any
particular significant portion of that range. Accordingly, our
assessment and proposed determination applies to the species throughout
its entire range.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation by Federal, State, Tribal, and local agencies, private
organizations, and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five
factors that control, for example, whether a species remains endangered
or may be downlisted or delisted, and methods for monitoring recovery
progress. Recovery plans also establish a framework for agencies to
coordinate their recovery efforts and provide estimates of the cost of
implementing recovery tasks. Recovery teams (composed of species
experts, Federal and State agencies, nongovernmental organizations, and
stakeholders) are often established to develop recovery plans; however,
we have not coordinated a team nor initiated efforts on a recovery plan
at this time. When completed, a recovery outline, draft recovery plan,
and the final recovery plan for Vandenberg monkeyflower will be
available on our Web site (http://www.fws.gov/endangered), or from our
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
Based on this final listing rule, funding for recovery actions may
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 will be
eligible for Federal funds to implement management actions that promote
the protection or recovery of Vandenberg monkeyflower. Information on
our grant programs that are available to aid species recovery can be
found at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for Vandenberg monkeyflower. 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(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into consultation with the
Service.
Federal agency actions within the species' habitat that may require
conference or consultation or both as described in the preceding
paragraph include the Department of Defense, the Bureau of Prisons,
Army Corps of Engineers, the Federal Energy Regulatory Commission, and
the Federal Highway Administration. Activities potentially include
management and any other landscape-altering activities

[[Page 50853]]

on Federal lands administered by the Department of Defense or the
Bureau of Prisons, issuance of section 404 Clean Water Act permits by
the Army Corps of Engineers, construction and management of gas
pipeline and power line rights-of-way licensed by the Federal Energy
Regulatory Commission, and funding by the Federal Highway
Administration for the construction and maintenance of roads or
highways.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a listing on
proposed and ongoing activities within the range of listed species. The
Act and its implementing regulations set forth a series of general
prohibitions and exceptions that apply to endangered and threatened
plants. The Service codified the Act's prohibitions applicable to
endangered plants at 50 CFR 17.71. The regulations at 50 CFR 17.71(a)
make it illegal for any person subject to the jurisdiction of the
United States to import or export, transport in interstate or foreign
commerce in the course of a commercial activity, sell or offer for sale
in interstate or foreign commerce, or remove and reduce the species to
possession from areas under Federal jurisdiction, but 50 CFR 17.71(a)
contains an exception for the seeds of cultivated specimens, provided
that a statement that the seeds are of ``cultivated origin''
accompanies the seeds or their container. The following activities
could potentially result in a violation of section 9 of the Act; this
list is not comprehensive:
(1) Removing and reducing to possession Vandenberg monkeyflower
from areas under Federal jurisdiction.
(2) Malicious damage or destruction of Vandenberg monkeyflower on
areas under Federal jurisdiction.
(3) Unauthorized collecting, handling, possessing, selling,
delivering, carrying, or transporting across State lines and importing
or exporting across international boundaries, except for properly
documented antique specimens of these taxa at least 100 years old, as
defined by section 10(h)(1) of the Act.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Ventura
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

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 (NEPA; 42 U.S.C. 4321 et seq.), need not be
prepared in connection with listing a species as an endangered or
threatened species under the Endangered Species Act. We published a
notice outlining our reasons for this determination in the Federal
Register on October 25, 1983 (48 FR 49244).

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. With regard to Vandenberg
monkeyflower, there are no tribal lands affected by this final rule.

References Cited

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

Authors

The primary authors of this final rule are the staff members of the
Service's Ventura Fish and Wildlife Office and Region 8 Regional
Office.

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 follows:

PART 17--[AMENDED]

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.

0
2. Amend Sec. 17.12(h) by adding an entry for ``Diplacus
vandenbergensis'' in alphabetical order under Flowering Plants to the
List of Endangered and Threatened Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants

* * * * * * *
Diplacus vandenbergensis......... Vandenberg U.S.A. (CA)........ Phrymaceae......... E 847 NA NA
monkeyflower.

.................... * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 50854]]

* * * * *

Dated: July 24, 2014.
Stephen Guretin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-20054 Filed 8-25-14; 8:45 am]
BILLING CODE 4310-55-P