[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Proposed Rules]
[Pages 44821-44835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15175]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2019-0025; FF09E22000 FXES11130900000 201]
RIN 1018-BD45
Endangered and Threatened Wildlife and Plants; Reclassification
of Morro Shoulderband Snail (Helminthoglypta walkeriana) From
Endangered to Threatened With a 4(d) Rule
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
reclassify the Morro shoulderband snail (Helminthoglypta walkeriana)
from an endangered to a threatened species under the Endangered Species
Act of 1973, as amended (Act), and we propose a special rule under
section 4(d) of the Act. This proposed reclassification is based on our
evaluation of the best available scientific and commercial information,
which indicates that the species' status has improved such that it is
not currently in danger of extinction throughout all or a significant
portion of its range, but that it is still likely to become so in the
foreseeable future. We also propose to update the Federal List of
Endangered and Threatened Wildlife to reflect the latest scientifically
accepted taxonomy and nomenclature for the species as Helminthoglypta
walkeriana, Morro shoulderband snail. We seek information, data, and
comments from the public on this proposal. We also announce the
availability of an assessment of the status of the Chorro shoulderband
snail (Helminthoglypta morroensis) in which we conclude that the
species does not meet the definition of a threatened species or an
endangered species.
DATES: We will accept comments received or postmarked on or before
September 22, 2020. We must receive requests for public hearings, in
writing, at the address shown in FOR FURTHER INFORMATION CONTACT by
September 8, 2020. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES
[[Page 44822]]
below) must be received by 11:59 p.m. Eastern Time on the closing date.
ADDRESSES: Comment submission: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R8-ES-2019-0025,
which is the docket number for this rulemaking. Then click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, click on the
Proposed Rules link to locate this document. You may submit a comment
by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: Docket No FWS-R8-ES-2019-0025, U.S. Fish and Wildlife
Service, MS: PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Document availability: A copy of the Species Status Assessment
Report referenced throughout this document is available at http://www.regulations.gov under Docket No. FWS-R8-ES-2019-0025.
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 93003; telephone 805-644-1766. If
you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other governmental agencies, tribes, the
scientific community, industry, and other interested parties concerning
this proposed rule. We particularly seek comments concerning:
(1) Reasons why we should or should not reclassify the Morro
shoulderband snail from an endangered to a threatened species under the
Act;
(2) New biological or other relevant data concerning any threat (or
lack thereof) to this species;
(3) New information on efforts by the State or other entities to
protect or otherwise conserve the species;
(4) New information concerning the range, distribution, and
population size or trends of this species;
(5) New information on current or planned activities in the habitat
or range that may adversely affect or benefit the species; and
(6) Information on activities or areas that might warrant being
exempted from the section 9(a)(1) take prohibitions proposed in this
rule under section 4(d) of the Act. The Service will evaluate ideas
provided by the public in considering the extent of prohibitions that
are necessary and advisable to provide for the conservation of the
species.
Please include sufficient supporting information with your
submission (e.g., scientific journal articles or other publications) to
allow us to verify any scientific or commercial information you
include. Submissions that merely provide support for or opposition to
the action under consideration without supporting information, although
noted, may not meet the standard of information required by section
4(b)(1)(A) of the Act (16 U.S.C. 1531 et seq.). This standard directs
us to make determinations whether any species is endangered or
threatened ``solely on the basis of the best scientific and commercial
data available.''
You may submit your comments and materials on this proposed rule by
one of the methods listed in ADDRESSES. We request you send comments
only by the methods described in ADDRESSES. If you submit information
via http://www.regulations.gov, we will post your entire submission--
including any personal identifying information--on the website. If you
make your submission via a hardcopy and it includes personal
identifying information, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so as we post all hardcopy
submissions on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation used in preparing this proposed rule, will be available
for public inspection on http://www.regulations.gov.
Public Hearings
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. We must receive requests for public
hearings, in writing, at the address shown in FOR FURTHER INFORMATION
CONTACT by the date shown in DATES. We will schedule a public hearing
on this proposal, if any are requested, and announce the date, time,
and place of those hearings, as well as how to obtain reasonable
accommodation, in the Federal Register at least 15 days before the
first hearing. For the immediate future, we will provide these public
hearings using webinars that will be announced on the Service's
website, in addition to the Federal Register. The use of these virtual
public hearings is consistent with our regulation at 50 CFR
424.16(c)(3).
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270) and our August 22, 2016,
memorandum updating and clarifying the role of peer review of listing
actions under the Act, we have sought the expert opinions of six
appropriate and independent specialists regarding the Species Status
Assessment (SSA) Report for the Morro Shoulderband Snail and Chorro
Shoulderband Snail, which informed the determination in this proposed
rule. The purpose of peer review is to ensure that our determinations
and designations are based on scientifically sound data, assumptions,
and analyses. The six peer reviewers we selected have expertise in
shoulderband snail biology, taxonomy, habitat, and threats (factors
negatively affecting the species), and their comments helped inform our
determination. We received responses from all six peer reviewers, which
we considered in our SSA report and this proposed rule. These comments
will be available along with other public comments in the docket for
this proposed rule. Additionally, we will consider all comments and
information we receive during the comment period on this proposed rule
as we prepare the final determination. Accordingly, the final decision
may differ from this proposal.
Previous Federal Actions
In 1994, we listed Helminthoglypta walkeriana (the banded dune
snail) as endangered (59 FR 64613). This taxon contained two entities:
H. walkeriana (what we now consider the Morro shoulderband snail) and
H. walkeriana morroensis (what we now consider the Chorro shoulderband
snail). At the time of listing, we thought the subspecific entity
morroensis was extinct and that there may have been as few as several
hundred individuals of Helminthoglypta walkeriana remaining (59 FR
64615); consequently, we did not consider the
[[Page 44823]]
morroensis subspecies to be part of the listed entity.
In 1997, the subspecific entity morroensis was rediscovered at
North Point Natural Area near the northern limit of Morro Bay (Roth and
Tupen 2004, p. 3). In subsequent years it was found in other areas as
well. In 1998, we completed a Recovery Plan for the Morro Shoulderband
Snail and Four Plants from Western San Luis Obispo County (Service
1998, entire) and in 2001 designated critical habitat (66 FR 9233).
Both the recovery plan and critical habitat addressed only
Helminthoglypta walkeriana and not the subspecific entity morroensis,
as explained above.
In 2004, a taxonomic analysis was completed that elevated these
subspecific taxa to full species: Helminthoglypta walkeriana and H.
morroensis (Roth and Tupen 2004, entire). After 2004, H. walkeriana and
H. morroensis were associated with the common names Morro shoulderband
snail and Chorro shoulderband snail, respectively. Also in 2004, in an
attempt to provide clarity on what was the listed entity, the Ventura
Fish and Wildlife Office issued a ``Dear Stakeholders and Interested
Parties'' letter stating we would no longer be regulating the Chorro
shoulderband snail (Service 2004, entire).
However, in 2006 the Service completed a 5-Year Review for both the
Morro and Chorro shoulderband snail and recommended downlisting Morro
shoulderband snail from endangered to threatened and delisting of
Chorro shoulderband snail (Service 2006, entire), even though the
Chorro shoulderband snail had previously not been treated as part of
the listed entity.
Neither entity, Helminthoglypta walkeriana morroensis or the newly
recognized Helminthoglypta morroensis, was ever formally added to the
endangered species list. Because of its confusing history, however, we
have determined that it is most appropriate to now complete a listing
assessment to determine whether or not the Chorro shoulderband snail
meets the definition of threatened or endangered. Using the results of
our evaluation in the SSA Report, we reaffirm the finding in our 5-year
review that the information on the threats to the Chorro shoulderband
snail does not support the species being listed as threatened or
endangered under the Act. Since Helminthoglypta morroensis is not
currently included on the Federal List of Endangered and Threatened
Wildlife, no revision to the list is needed to implement this
determination. Our full determination and threats analysis regarding
the status of the Chorro shoulderband snail is available in a Species
Assessment form at Docket No. FWS-R8-ES-2019-0025 on the internet at
http://www.regulations.gov.
In this proposed rule, we address the status of the Morro
shoulderband snail. This proposed rule also constitutes our 5-year
status review for the Morro shoulderband snail. Additionally, as a
result of the new data and supportive references noted above, we
propose to recognize the change in the common name of the listed entity
H. walkeriana as the Morro shoulderband snail. We have included this
proposed change in nomenclature in the Proposed Regulation Promulgation
section of this proposed rule, and we expect to adopt it when we
publish a final determination for this action.
Background
It is our intent to discuss only those topics directly related to
the reclassification of Morro shoulderband snail from an endangered
species to a threatened species in this proposed rule. In this section,
we summarize the conclusions of the SSA Report, including the species
description, ecology, habitat, and resource needs. We also discuss
recovery plan implementation. In our SSA Report, we define viability as
the ability of the species to sustain populations in the wild over time
and provide a thorough account of the species' overall condition
currently and into the future. The full SSA Report is available at
Docket No. FWS-R8-ES-2019-0025 on the internet at http://www.regulations.gov.
Species Description
The Morro shoulderband snail belongs to the land snail genus,
Helminthoglypta (Ancey 1887), which contains three subgenera comprising
more than 100 species and subspecies. Morro shoulderband snail shells
are umbilicate (having a depression at the center), globose
(spherical), reddish brown to chestnut in color, thin, and slightly
translucent (Roth 1985, p. 5). The shell has five to six whorls and a
single, narrow (2 to 2.5 millimeters (mm) [0.08 to 0.1 inches (in.)]),
dark spiral band on the ``shoulder'' with thin light-yellowish margins
above and below. Sculptural features of the shell include incised
spiral grooves, spiral and transverse striae (grooves) that give the
surface a checkerboard-like look, and papillae (small, round
protrusions) at the intersections of some of the striae (Walgren 2003,
p. 93). Adult shell dimensions range from 18 to 29 mm (0.7 to 1.1 in.)
in diameter and from 14 to 25 mm (0.6 to 1.0 in.) in height (Roth 1985,
p. 5).
Species Ecology, Habitat, and Resource Needs
In general, we know very little about the specific life history of
Morro shoulderband snails. Using information compiled for other
Helminthoglypta species (van der Laan 1975a, entire; 1975b, entire;
1980, entire), we infer information and apply it to the species, where
appropriate. Like many species of Helminthoglypta that occur in
Mediterranean climate regions of California, the Morro shoulderband
snail has adapted to changing environmental conditions by having a two-
part life cycle. While feeding, reproduction, and most individual
growth occur during the rainy season (Roth 1985, p. 13), individuals
spend the majority of the year in aestivation (prolonged dormancy) to
survive the drier seasons (Belt 2018, pers. comm.). Refugia used for
the aestivation phase of the life cycle for the Morro shoulderband
snail appear to be opportunistic in nature. They can include native and
nonnative plant species, including dense clumps of native and nonnative
grasses; young patches of ice plant (Carpobrotus spp.); cactus (Opuntia
spp.); and anthropogenic features and debris (e.g., stockpiled
construction materials, wood, cement, plastic) (Roth and Tupen 2004, p.
17; SWCA 2013-2017, entire; Dugan 2018, pers. comm.).
For Helminthoglypta species living in California, most activity
occurs during the rainy season (Roth 1985, p. 13), and this is the case
for Morro shoulderband snail. In coastal San Luis Obispo County, the
period of greatest activity generally extends from October through
April but can vary each year depending on the frequency and duration of
seasonal rainfall and heavy fog/dew. During this period, individuals
may be particularly active during the evening, night, and early morning
hours when humidity is higher. Individuals can also be active during
overcast and rainy days (van der Laan 1980, pp. 49, 52; USDA 1999, p.
3; Tupen 2018, pers. comm.). The Morro shoulderband snail likely
emerges from aestivation during and following periods of rainfall in
search of food resources and for mating and egg-laying activities.
Species of Helminthoglypta, like other terrestrial snails, become
inactive during prolonged dry periods and enter a state of aestivation
where individuals produce an epiphragm (a seal of dried mucus) across
the shell aperture to greatly reduce water/weight loss (van der Laan
1975b, p. 361). They frequently
[[Page 44824]]
aestivate attached to the lower outer branches of shrubs (van der Laan
1975b, p. 365; Roth 1985, p. 13). This attachment to a substrate may
provide additional protection from desiccation by forming a more
complete seal of the aperture (van der Laan 1975b, p. 365). There is a
possible decreased vulnerability to predation during dormancy when the
attachment point is 20-30 centimeters (7.9-11.8 in.) above the ground
surface (van der Laan 1975b, p. 365). Smaller snails tended to
experience higher mortality rates during aestivation, possibly due to
their thinner shells and higher surface-to-volume ratios (van der Laan
1975b, p. 364). Individuals come out of aestivation after rain events
that thoroughly wet the environment and may regain as much as 50
percent of their body weight back within 24 hours (van der Laan 1975b,
p. 364).
Like other terrestrial snails, we expect the Morro shoulderband
snail to have a patchy distribution coincident with the presence of
suitable refugia and food sources.
Species Distribution and Abundance
Initially, Hill (1974, p. 6) and others projected a very limited
distribution for Helminthoglypta walkeriana (as the coastal form of the
banded dune snail). Its range was thought to extend only a short
distance inland along the southeastern shore of Morro Bay to Shark
Inlet, southward to near Islay Creek, and northward on the Morro Bay
sand spit at the western edge of the community of Los Osos. In the
listing rule, the Service expanded the range to include the coastal
dune and coastal sage scrub communities underlain by sandy soils near
Morro Bay (i.e., Los Osos) (59 FR 64613, December 15, 1994). Based on
known species occurrences and soil associations, we used the presence
of Baywood Fine Sand soils and small areas of Dune Land soils to
determine distribution. We currently estimate the distribution for the
Morro shoulderband snail to be approximately 2,638 hectares (ha) (6,520
acres (ac)) located in and around the community of Los Osos/Baywood
Park and City of Morro Bay (Figure 1). At the time of listing, we
estimated that there may have been as few as several hundred
individuals of H. walkeriana (currently, Morro shoulderband snail)
extant. Based on the most recent surveys, thousands of Morro
shoulderband snails currently exist in this area (SWCA 2018, p. 7).
[GRAPHIC] [TIFF OMITTED] TP24JY20.004
[[Page 44825]]
Using known species occurrence and estimated abundance along with
the presence of suitable soil types, we identified six geographic units
(hereafter, Population Areas) for the purpose of discussion in our SSA
Report. These include North Morro Bay, Sand Spit, Morro Bay, East Los
Osos, Downtown Los Osos, and South Los Osos. For a map and detailed
description of these Population Areas, please reference the SSA Report
(Service 2019, pp. 24-29). The level of survey effort throughout each
of the six Population Areas comprising the distribution of the Morro
shoulderband snail is limited and variable. For this reason, we are not
able to make comparable estimates for species abundance. The Downtown
and South Los Osos Population Areas have been subject to a greater
level of survey effort associated with required monitoring for the
installation of infrastructure to connect the community of Los Osos
with its wastewater system. Between 2012 and 2017, more than 2,200
individuals were found in these two Population Areas, with over 80
percent occurring in the Downtown Los Osos area (SWCA 2018, p. 5).
Portions of the North Morro Bay, Sand Spit, Morro Bay, East Los
Osos, and South Los Osos Population Areas are within California
Department of Parks and Recreation (hereafter, State Parks) ownership,
but comprehensive surveys or monitoring have not been conducted. From
discussions with State Parks biologists, we know Morro shoulderband
snails are present on State Park lands in Monta[ntilde]a de Oro and
Morro Bay State Parks and Morro Strand State Beach, portions of which
are found within several of the Population Areas. Data on the level of
species occupation and condition of individuals is generally lacking
(Walgren and Andreano 2018, pers. comm.). There have been no
comprehensive surveys for the Morro shoulderband snail conducted on the
California Department of Fish and Wildlife's (CDFW) Morro Dunes
Ecological Reserve (MDER); however, based on species observations and
presence of suitable habitat, CDFW assumes the reserve contains a
robust population of the species (CDFW in litt. 2018). While we know
the species is present on MDER (Service files; Stafford 2018, pers.
comm.), there is no evidence that the population is robust or that
large numbers of individuals are present. Survey data gathered between
2012 and 2017 in contiguous habitat of similar quality and species
composition indicate greater Morro shoulderband snail numbers in
disturbed habitats than in native habitats (SWCA 2018, p. 5).
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. Under section 4(f)(1)(B)(ii),
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.'' However, revisions
to the list (adding, removing, or reclassifying a species) must reflect
determinations made in accordance with sections 4(a)(1) and 4(b) of the
Act. Section 4(a)(1) requires that the Secretary determine whether a
species is an endangered species or a threatened species (or not)
because of one or more of five threat factors. Section 4(b) of the Act
requires that we make our determination ``solely on the basis of the
best scientific and commercial data available.'' Therefore, recovery
criteria should help indicate when we would anticipate that an analysis
of the species' status under section 4(a)(1) would result in a
determination that the species is no longer an endangered or threatened
species.
While recovery plans provide important guidance to the Service,
States, and other partners regarding methods to minimize threats to
listed species and measurable objectives against which to measure
progress towards recovery, they are not regulatory documents and cannot
substitute for the determinations and promulgation of regulations
required under section 4(a)(1) of the Act. A decision to reclassify a
species' status or remove it from the Federal List of Endangered and
Threatened Wildlife (50 CFR 17.11) is ultimately based on an analysis
of the best scientific and commercial data available at the time. We
use these data 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. Below, we summarize
recovery plan goals for the Morro shoulderband snail and discuss
progress made toward meeting recovery plan objectives in terms of how
they inform our analyses of the species' status and the stressors
affecting them.
In 1998, we completed the Recovery Plan for the Morro Shoulderband
Snail and Four Plants from Western San Luis Obispo County, California,
which included recovery goals and objectives for Morro shoulderband
snail (Recovery Plan; Service 1998, pp. 40-41). The Recovery Plan
identified criteria for downlisting Morro shoulderband snail from an
endangered to a threatened species and criteria for its delisting. The
Recovery Plan identifies four Conservation Planning Areas (CPAs). These
CPAs were designed to incorporate areas where distribution of the Morro
shoulderband snail and three other plant species covered in the plan
overlap; thus, they are more limited than the Population Areas for the
Morro shoulderband snail defined in the SSA.
Our summary analysis of downlisting and delisting criteria follows:
The Recovery Plan states that downlisting from endangered to
threatened can be considered when sufficient populations and suitable
occupied habitats from all CPAs are secured and protected (Service
1998, p. 39). These areas should be intact and relatively unfragmented
by urban development. Snail populations must be large enough to
minimize the short-term (next 50 years) risk of extinction on any of
the four CPAs identified in the recovery plan, based on results of
tasks 3.2.1.1, 3.2.1.2, and 3.2.1.3 (see below) and on at least
preliminary results from task 4.1. The identification and survey of
potential habitat within the snail's historic range to see if
undiscovered populations exist is necessary to consider downlisting.
All of CPA 1 (Morro Spit) and portions of CPAs 2, 3, and 4 (West
Pecho, South Los Osos, and Northeast Los Osos) are largely secure under
various ownerships and management (Service 2019, pp. 72-74). All have
conservation easements, deed restrictions, or are managed by a
conservation association for conservation purposes. Landowners and
managers include the County, State Parks, CDFW, the Land Conservancy of
San Luis Obispo County, Morro Coast Audubon Society, and the Small
Wilderness Area Program (SWAP). Approximately 202 ha (500 ac) have been
added to conserved lands since time of listing. This includes 56 ha
(138 ac) of parcels purchased and transferred to the California
Department of Parks and Recreation (CDPR) or CDFW managed for
conservation purposes and 141 ha (348 ac) with conservation easement or
deed restriction managed for conservation purposes. Overall, 85 percent
(approximately (1,457 ha (3,600 ac)) of CPAs are now conserved.
However, a lack of funding precludes adequate threats management on
most of these lands (Service 2019, p. 53).
[[Page 44826]]
Recovery Task 3.2.1.1 is to determine if brown garden snail (Cornu
aspersum [formerly Helix aspersa]) is a competitive threat to the Morro
shoulderband snail. Since the time of listing, we found that the Morro
shoulderband snails feed primarily on dead plant materials and the
brown garden snail consumes live plant materials, so competition
between these species is likely minimal (Service 2019, p. 75). Task
3.2.1.2 involves the study of habitat use and life-history needs of the
Morro shoulderband snail. Monitoring and habitat restoration activities
conducted in association with the construction of a sewer system in the
community of Los Osos have generated substantial new information on the
diversity of habitats in which the species can occur and numbers of
individuals present. We also have new information based upon anecdotal
observations and surveys conducted in association with proposed
development in the Los Osos area (Service 2019, pp. 28-30). Task
3.2.1.3 is to identify Morro shoulderband snail parasites and determine
if parasitism rates are threatening populations. At the time of
listing, parasitism was identified as a threat to the species, based on
observations of vacant sarcophagid fly puparia within empty subadult
shells (59 FR 64613, 64619; December 15, 1994). Since the time of
listing, there has been an increase in snail observations, but there
has not been a corresponding increase in sarcophagid fly pupae
infestations of snails. There are a few species in this fly family that
have been documented to eat live material (Walgren 2003, pp. 108-114;
USFWS 2006, p. 7). While there have been no specific studies on the
potential threats to the snail from these sarcophagid flies, the
majority of flies in this family do not eat live organisms; thus, we
conclude that the flies do not pose a threat to the species (Service
2006, p. 13). Therefore, the best available current evidence does not
indicate that parasitism is a threat to the species.
Finally, Task 4.1 is to monitor populations to document population
dynamics and cycles to ascertain trends. There has been no systematic
monitoring conducted to provide data that would allow for trend
analysis. However, based on the most recent surveys, thousands of Morro
shoulderband snails were detected across its range, as compared to
hundreds known at the time of listing (Service 2018, pp. 28-30; SWCA
2018, p. 5; Walgren and Andreano 2018, pers. comm.). Therefore, though
we do not have specific trend data, we conclude that we have still met
the intent of this criterion.
Delisting can be considered when habitats from all CPAs (and any
newly located populations) are successfully managed to maintain the
desired community structure and are secured from threats of
development, invasion of nonnative plants, structural changes due to
senescence of dune vegetation, recreational use, pesticides (including
slug and snail baits), parasites, and competition or predation from
nonnative snail species. The outcomes of recovery tasks must result in
a low medium-to-long-term risk of extinction from any of the four CPAs
(Service 1998, p. 40).
Our analyses in the SSA Report indicate that the current viability
of Morro shoulderband snail has improved to some degree since the time
of listing due to concerted conservation efforts, predominantly in the
form of land acquisition, and substantially more individuals than
previously thought. Based on our future scenario analyses, the species
is still at risk in the future due to the potential for development and
because the level of continued conservation efforts and habitat
management is uncertain. Currently and into the future, habitat loss
due to development and habitat degradation, predominantly from invasive
plant species, remain threats to the Morro shoulderband snail.
To improve habitat for the species, the Morro Coast Audubon Society
has a dedicated volunteer work force to target removal of invasive
nonnative plant species who remove Ehrharta calycina (perennial veldt
grass) and Eucalyptus globulus (blue gum) seedlings at their Sweet
Springs Preserve (outside of any CPA) under the direction of a Recovery
Action Plan. The Los Osos/Morro Bay Chapter of SWAP does the same for
the Elfin Forest Reserve in CPA 4. State Parks staff annually
prioritize areas for invasive species treatment on a case-by-case
basis. When funding is available, they implement actions to control
invasive species in Monta[ntilde]a de Oro State Park, Morro Strand
State Beach, Morro Bay State Park, and Los Osos Oaks Preserve (CPAs 1
and 2, portions of 3 and 4, and Area A). Identified invasive species
prioritized for removal include E. calycina, Conicosia pugioniformis
(narrowleaf iceplant), Emex spinosa (devil's thorn), Cortaderia
species, and Eucalyptus species because they are the most invasive and
conspicuous in the landscape.
Lack of funding precludes most State of California resource
agencies (e.g., State Parks and CDFW) from implementing invasive
species control programs on lands where these species are present.
State Parks staff have conducted limited prescribed burns and proposed
additional prescribed burns to improve the quality of coastal dune
scrub and central maritime chaparral and their constituent species
within their park units. Fires typically kill snails, but if properly
applied in small areas to create a mosaic of varying stand ages for
coastal dune scrub and central maritime chaparral, such burns could
improve the quality of these habitats for Morro shoulderband snail in
the long term. Previous threats to habitat resulting from illegal off-
road vehicle activities are largely controlled; however, illegal trail
development and use by hikers, mountain bikers, and equestrians
negatively affects habitat for Morro shoulderband snails by increasing
erosion, reducing native plant cover, and facilitating further invasion
by nonnative plant species (Service 2018, pp. 75-76).
Based on the Recovery Plan and our SSA Report, we conclude that the
status of the Morro shoulderband snail has improved throughout its
range from the significant preservation or conservation of habitat once
at risk of development, along with land use decisions and management
activities undertaken by the County of San Luis Obispo (County) and
landowners since the time of listing. The SSA Report contains an
accounting of known conservation and management efforts (Service 2019,
pp. 23-24). Overall, our analysis indicates that the intent of the
downlisting criteria for the Morro shoulderband snail has been met;
however, delisting criteria have not yet been achieved.
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;
[[Page 44827]]
(B) Overutilization for commercial, recreational, scientific, or
educational purposes;
(C) Disease or predation;
(D) The inadequacy of existing regulatory mechanisms; or
(E) Other natural or manmade factors affecting its continued
existence.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects. We consider these same five
factors in reclassifying a species from endangered to threatened (50
CFR 424.11(c)-(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.
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 reclassified as a threatened species
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-R8-
ES-2019-0025 on http://www.regulations.gov.
To assess Morro shoulderband snail viability, we used the three
conservation biology principles of resiliency, redundancy, and
representation (Shaffer and Stein 2000, pp. 306-310). Briefly,
resiliency supports the ability of the species to withstand
environmental and demographic stochasticity (for example, wet or dry,
warm or cold years); redundancy supports the ability of the species to
withstand catastrophic events (for example, droughts, 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 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 section, we review the biological condition of the species
and its resources, and the threats that influence the species' current
and future condition, in order to assess the species' overall viability
and the risks to that viability.
We reviewed the potential threats that could be affecting Morro
shoulderband snails now and in the future. In this proposed rule, we
discuss in detail only those factors that could meaningfully affect the
status of the species. At the time of listing, we identified urban
development and other anthropogenic activities such as recreation,
grazing, and utility construction as threats to the Morro shoulderband
snail (59 FR 64613, December 15, 1994). In the SSA Report (Service
2019, pp. 21-64), we reviewed four potential threats that could be
affecting the Morro shoulderband snail in the current conditions
section (development, agriculture, vegetation management, and
predation), and those threats and two others (wildfire, invasive
species) in the future conditions section. The primary risk factors
affecting the Morro shoulderband snail are the present and threatened
modification or destruction of its habitat from development,
[[Page 44828]]
wildfire, and invasive plant species (Factor A), as well as effects to
its life cycle from changing climate conditions (Factor E). We also
considered the effect of existing regulatory mechanisms (Factor D) on
the magnitude of threats. Additional threats affecting the species'
habitat include agriculture (Factor A) and vegetation management
(Factor A), and threats affecting the species include predation (Factor
C); however, we have determined that these threats have little to no
impact on species viability. We also analyzed the threat of collection
(Factor B). At the time of listing, we stated that the taxonomic
distinctiveness of the Morro shoulderband snail made it vulnerable to
recreational or scientific collectors. Since the time of listing,
however, we are not aware of specific collection activities for
recreational or scientific purposes.
Development
At the time of listing, development was identified as one of the
main threats impacting the Morro shoulderband snail. Human development
consists of converting the landscape into residential, commercial,
industrial, and recreational features, with associated infrastructure
such as roads. Converting the landscape into development not only
removes individual Morro shoulderband snails but also removes their
habitat, thereby reducing the space available for the species to
inhabit and functionally lowering carrying capacity. In addition,
development results in indirect effects by fragmenting the habitat and
creating edge effects, such as increased vulnerability to desiccation,
fire, and predation. The effects of development on the Morro
shoulderband snail are predicated upon several factors (e.g., how the
City and County of San Luis Obispo revise and implement their
respective general plans, the economy, water availability).
However, as detailed in the SSA, conservation actions have been
undertaken since the time of listing to reduce the threat of
development (Service 2018, pp. 24-25). Approximately 202 ha (500 ac) of
Morro shoulderband snail habitat have been conserved since the time of
listing. This includes 56 ha (138 ac) of parcels purchased and
transferred to the CDPR or CDFW and 141 ha (348 ac) with conservation
easement or deed restriction; all of these areas are managed for
conservation purposes. Overall, 85 percent (approximately (1,457 ha
(3,600 ac)) of CPAs are now protected from development. Although most
lands within its distribution outside of CPAs are not under formal or
legal protection as open space or conservation easements, many are
protected as part of a State Park, State of California ecological
reserve, or parcels set aside specifically to conserve and enhance
natural resource values. For example, the County of San Luis Obispo's
Broderson and Midtown parcels are both protected through deed
restrictions that preclude development other than that which would
enhance habitat that supports Morro shoulderband snails. With increased
conserved lands the threat of development has been reduced since the
time of listing, but some potential impacts remain that could result in
the loss of populations and thus the loss of representation and
redundancy across the species' range. For example, large portions of
the East Los Osos and Downtown Los Osos Population Areas consist
predominantly of public and private land parcels zoned for development.
Apart from the protections afforded by the Act, the existing regulatory
mechanisms do not address the impacts of development on the Morro
shoulderband snail.
Invasive Species
Invasion of native habitat by nonnative plant species can reduce
suitability for native constituent species that evolved in these
habitats. Areas dominated by a single invasive plant species tend to
support lower levels of animal diversity due to a reduction in
heterogeneity as compared to the original native plant community
(Steidl and Litt 2009, p. 57). The presence of nonnative plant species
can also alter the abundance of native plants that serve as an
important food source for herbivores, such as snails. Invasive plant
species can increase vegetative cover and reduce space between native
plant species in native communities. Invasive plant species can change
fuel properties in native habitats, which can then affect fire behavior
and alter fire regime characteristics such as frequency, severity,
extent, type, and seasonality (Brooks et al. 2004, entire). In coastal
dune scrub and maritime chaparral, native communities that typically
support a sparse understory, invasive grasses, such as perennial veldt
grass, can serve as ladder fuel to carry fire into these communities.
Fires can also create an opportunity for invasive plant species to
expand their local distributions and dominance (Brooks and Lusk 2008,
p. 9).
While once thought to be largely restricted to native coastal scrub
communities underlain by sandy soils, Morro shoulderband snails are
known to persist, at least in the short term, in disturbed areas and
those dominated by nonnative species (e.g., perennial veldt grass, ice
plant) (SWCA 2018, p. 5). Biologists and land planners typically
classify these areas as ruderal or ``disturbed'' and, as such, discount
them in terms of their conservation value. Ruderal, disturbed, and
nonnative grassland habitats are, therefore, subject to mowing,
herbicide use, development, and other uses that put individual Morro
shoulderband snails in these areas at a greater risk of injury or
mortality than those found in native habitat.
Currently, three of the six Population Areas that support the Morro
shoulderband snail are in moderate- or low-quality habitat, with
impacts from nonnative species (Service 2019, pp. 37-38). Habitat in
these areas is either somewhat degraded (one Population Area) (9.5
percent of species distribution) or highly degraded and fragmented (two
Population Areas) (38.3 percent of species distribution).
Both the Morro Coast Audubon Society and SWAP conduct activities to
improve habitat quality for the Morro shoulderband snail and other
coastal dune scrub species on lands conserved and protected under their
ownership and/or management (Sweet Springs Nature Preserve and Elfin
Forest, respectively). These actions focus primarily on the removal of
exotic plant species (perennial veldt grass, iceplant), restoration of
coastal dune scrub, and erosion control. The CDPR also conducts similar
activities on its lands (i.e., Monta[ntilde]a de Oro and Morro Bay
State Parks and Morro Strand State Beach). The County of San Luis
Obispo owns two large parcels in Los Osos, Broderson and Mid-Town, that
support coastal dune scrub and, to a lesser extent, central maritime
chaparral. Management actions on both parcels focus on the restoration
and enhancement of habitat for the Morro shoulderband snail (KMA 2017,
entire; County of San Luis Obispo 2017, entire). The Land Conservancy
of San Luis Obispo County recently purchased approximately 5.7 ha (14
ac) adjacent to the Morro Coast Audubon Society Sweet Springs Preserve.
They plan to enhance habitat quality for coastal dune scrub species,
including Morro shoulderband snail, before transferring these lands to
Morro Coast Audubon Society ownership and management (Theobald 2017,
pers. comm.). Overall, while these conservation measures have decreased
the overall impact of invasive plant species, degradation of native
habitats from those species is ongoing. Apart from the protections
afforded by the Act, the existing regulatory mechanisms
[[Page 44829]]
do not address the impact of invasive species.
Wildfire
Morro shoulderband snails evolved in a fire-adapted landscape
dominated by coastal dune scrub and maritime chaparral. Exposure to
fire can result in individual mortality; however, an evolutionary
strategy has enabled the species to persist in these habitats. Theories
related to the nature of fire history in California shrublands are
complicated and varied (Goforth and Minnich 2007, p. 779). In the range
of the Morro shoulderband snail, the ``natural'' condition was one of
frequent, small fires that fragmented the landscape into a fine-grained
mosaic of age classes that precluded large, catastrophic fires (Minnich
and Chou 1997, p. 244). In this type of situation, areas of unburned
coastal dune scrub and central maritime chaparral would serve as
refugia for individual snails that could then recolonize areas as the
fire-adapted plant communities reestablished.
We consider an increase in wildfire frequency and/or intensity
associated with continued climate change to be a plausible in the
future within the range of the Morro shoulderband snail (Service 2019,
entire). A landscape-level or more severe fire event would constitute a
threat to the species due to its very limited distribution. This type
of fire could leave little in the way of habitat to serve as native
refugia and result in a substantial amount of individual mortality,
increasing the likelihood of local population extirpation. Absent
individuals in nearby habitat to recolonize burned areas as habitat
reestablishes, large-scale fire could result in a reduction in the
overall distribution of the species, and thus loss of redundancy and
representation. The existing regulatory mechanisms do not address the
impact of wildfire on the Morro shoulderband snail or its habitat.
Climate Change
Climate change is likely to affect many terrestrial gastropod
populations in California, including the Morro shoulderband snail.
Species with small geographic ranges are particularly vulnerable to
extinction due to the effects of climate change (Allan et al. 2005, p.
284). In the range of the Morro shoulderband snail, climate change may
result in both droughts and localized flood events from heavy rainfall.
In the future, extreme storm events may increase in severity beyond
historic levels of intensity with potential to increase flood risks in
California (Dettinger 2011, pp. 521-522). Future estimates of changes
in temperature and precipitation patterns in California by the 2060s
based on downscaled climate models show that the historically maximum
July temperatures are likely to increase and heat waves may span longer
durations (Pierce et al. 2013, entire).
The increased frequency of protracted drought events predicted in
California is likely to result in higher mortality during prolonged
periods of seasonal aestivation, particularly among smaller individuals
in the population (van der Laan 1975b, p. 364). Higher levels of egg
mortality from desiccation are expected. Warmer temperatures and
greatly reduced wet season precipitation during prolonged multiyear
drought events also increase stress on vegetation (Coates et al. 2015,
p. 14277) and may limit time for feeding and breeding in the Morro
shoulderband snail. Coastal sage scrub communities had the highest
seasonal variability in terms of the relative amount of ground covered
by green vegetation during the drought years of 2013-2014 (Coates et
al. 2015, p. 14283). Coastal sage scrub plant species also had the
highest land surface temperature values of the communities analyzed,
likely resulting from lower vegetation cover, lower evapotranspiration,
and south-facing slopes typical of coastal sage scrub communities
(Coates et al. 2015, p. 14284). These effects of prolonged drought
reduce the value and quality of sheltering habitat as well as food
availability within the primary plant community associated with the
Morro shoulderband snail. Combined with impacts from wildfire, invasive
species, and development, the negative effects of climate change on
growth and reproduction are likely to result in decreased population
abundance and increased vulnerability to local extirpation into the
future.
Summary of Threats
We examined the effects of threats affecting the Morro shoulderband
snail and its habitat; we now summarize these threats and their
cumulative effects on the species. Currently, the species and its
habitat are being impacted by development, invasive nonnative plants,
wildfire, and effects associated with climate change. Along with a
decrease in habitat quality due to increased temperatures and increased
frequency of droughts, the effects of climate change may also
exacerbate low population size and fragmented habitats, resulting in
increased risk of extirpation. The effects of climate change will also
combine with the effects of development, wildfire, and invasive species
to exacerbate habitat loss and mortality of individuals. However, the
magnitude of threats has decreased since the time of listing, and
conservation actions have addressed impacts from development and
nonnative plants. Still, the species' low abundance and fragmented
habitat mean it is vulnerable to threats into the future, including
potential extirpation of Population Areas by wildfire.
Current and Potential Future Condition
We assessed the viability of the Morro shoulderband snail by
evaluating its ability to maintain a sufficient number and distribution
of healthy populations in order to maintain resiliency, redundancy, and
representation. We analyzed threats to the species and ongoing
conservation actions by incorporating the effects of development,
invasive species, wildfire, and changing climate conditions into our
analyses of resiliency, representation, and redundancy.
For the Morro shoulderband snail to maintain viability, its
populations, or some portion thereof, need to be resilient to
stochastic events. Resiliency is measured by the size and growth rate
of each population, which influence the likelihood that the populations
comprising a species are able to withstand or bounce back from
environmental or demographic stochastic events. We evaluated variables
influencing the ability of the Morro shoulderband snail to withstand
stochastic events by Population Area, including abundance (as
available); distribution of individuals; habitat quality and
configuration; and the likelihood that suitable habitat would persist
into the future. To determine habitat quality and configuration in each
Population Area, we evaluated its context in the overall landscape
relative to fragmentation and whether one or more of those primary
constituent elements identified for critical habitat designated in 2001
(66 FR 9233, February 7, 2001) are present. Primary constituent
elements for this species include the following physical or biological
features: Sand or sandy soil needed for reproduction; a slope not
greater than 10 percent to facilitate movement of individuals; and
native coastal dune scrub vegetation. To determine the likelihood that
suitable habitat will persist into the future, we evaluated the
proportion of protected habitat in each Population Area. We then
created an overall current condition for each Population Area based on
these three variables.
[[Page 44830]]
Based on overall current condition, we then forecasted the
condition of these variables into the future for 30 years under three
different scenarios. The three future scenarios attempt to encompass
the range of plausible possibilities for each Population Area over the
next 30 years. To forecast climate change impacts, we relied on
scientific papers (Dettinger 2011, entire; Pierce et al. 2013, entire)
that incorporated multi-model ensembles and downscaled regional climate
projections that examine key characteristics relating to the Morro
shoulderband snail, such as summer temperatures and seasonal changes in
precipitation.
First, we forecasted the condition of each Population Area under
the status quo, with continued climate change effects, all existing
threats continuing at their current level, and no additional
conservation efforts for the species (Status Quo). Second, we
forecasted the condition of each Population Area under implementation
of the LOHCP, a draft regional Habitat Conservation Plan that proposes
the Morro shoulderband snail as a covered species, against a backdrop
of continued climate change effects (Limited Conservation). In this
scenario, the LOHCP consolidates the threat of development to one
Population Area, while other existing threats continue at their current
level. Finally, we forecasted implementation of the LOHCP, active
management for the Morro shoulderband snail within existing protected
but generally unmanaged lands, and additional habitat protection
through acquisition and subsequent management (Major Conservation),
again against a backdrop of continued climate change. This scenario
includes decreased threats due to development and invasive plant
species, as well as conservation benefits from habitat restoration.
Table 1--Summary of Morro Shoulderband Snail Resiliency: Current and Future Conditions by Population Area
----------------------------------------------------------------------------------------------------------------
Future scenario:
Population area Current condition Future scenario: limited Future scenario:
status quo conservation major conservation
----------------------------------------------------------------------------------------------------------------
North Morro Bay................. Moderate.......... Moderate.......... Moderate.......... High
Sand Spit....................... High.............. Moderate.......... Moderate.......... High
Morro Bay....................... Low............... Low............... Low............... Low
East Los Osos................... Moderate.......... Low............... Low............... Moderate
Downtown Los Osos............... Moderate.......... Low............... Low............... Low
South Los Osos.................. High.............. Moderate.......... High.............. High
----------------------------------------------------------------------------------------------------------------
Maintaining representation of healthy populations across the
diversity of habitat types or ecological gradients within the
distribution of Morro shoulderband snail will likely conserve the
relevant genetic diversity and adaptive capacity associated with
individual persistence across these habitat types. Currently, there is
species representation in all of six Population Areas; however, changes
under future scenarios could put individuals in some Population Areas
at greater risk of extirpation, resulting in a potential loss of
representation and leaving the species extant only in the periphery of
its range.
The Morro shoulderband snail needs multiple resilient Population
Areas distributed throughout its extremely limited distribution to
provide for redundancy. Historically, based on the mapping of Baywood
Fine Sand soils, it is likely that habitat was once well-distributed
throughout the species' range. Development now primarily separates
these Population Areas. Low resiliency and disconnected Population
Areas, currently and in the future, suggest that stochastic events
could increase species vulnerability to loss of redundancy and could
increase the risk of loss of Population Areas, which would then
diminish species redundancy. An overall decrease in the condition of
Population Areas in two of the three future scenarios suggests a
potential compromised redundancy and, therefore, risk of extirpation
from catastrophic events in the future, unless major conservation
actions are undertaken. Prolonged and/or more intensive drought,
increased wildfire frequency and/or intensity, and localized flooding
are those events that could affect the Morro shoulderband snail at the
catastrophic scale.
The resiliency of Morro shoulderband snail Population Areas within
its distribution has changed over time due to loss, degradation, and/or
fragmentation of native habitat. Currently, we consider two Population
Areas (Sand Spit and South Los Osos) to have a high level of
resiliency, three Population Areas (North Morro Bay, East Los Osos,
Downtown Los Osos) to have moderate resiliency, and one Population Area
(Morro Bay) to have a low resiliency. It is not likely that loss of
this Population Area would affect species representation across the
remaining portion of range as current numbers of individuals in this
Population Area are very low, and it is generally isolated from the
other five Population Areas. Regarding redundancy, we consider those
Population Areas with low or moderate resiliencies to be at a greater
risk of local extirpation, which has the potential to decrease overall
species redundancy.
Our analyses indicate that the current viability of the Morro
shoulderband snail has likely improved to some degree since the time of
listing due to implementation of conservation efforts, predominantly
through protection of habitat through conservation easement, deed
restriction, or management for conservation purposes. Additionally,
there are substantially more individuals than thought at the time of
listing.
Overall, we anticipate that the viability of the species will
decline in the future under two of the three scenarios: Status Quo and
Limited Conservation. Under the Status Quo scenario, resiliency of the
North Morro Bay and Morro Bay Population Areas would remain moderate
and low, respectively, while all other Population Areas would be
expected to experience decreased resiliency. Under the Status Quo
scenario, half of the Population Areas are projected to be in the low
resiliency category. Under the Limited Conservation scenario,
resilience of the North Morro Bay, Morro Bay, and South Los Osos
Population Areas would remain unchanged. The South Los Osos Population
Area is where the majority of the conservation strategy for the LOHCP
would occur. Only in the Major Conservation scenario does resiliency
remain the same or improve, with the exception of Downtown Los Osos,
where we anticipate the majority of development would occur as part of
LOHCP implementation. For redundancy, an overall decrease in the
[[Page 44831]]
condition of Population Areas in two of the three future scenarios
suggests those low-condition populations are at risk of being lost and,
therefore, that there could be decreased species redundancy. Against a
backdrop of increased climate change effects expected to result in
prolonged and/or more intensive droughts, increased wildfire frequency
and/or intensity, and localized flooding events, risk of extirpation
could increase with decreased species redundancy.
Determination of Morro Shoulderband Snail Status
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR part 424) set forth the procedures for determining
whether a species meets the definition of an endangered species or a
threatened species. The Act defines an ``endangered species'' as a
species ``in danger of extinction throughout all or a significant
portion of its range,'' and a ``threatened species'' as a species
``likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.'' The Act
requires that we determine whether a species meets the definition of
``endangered species'' or ``threatened species'' because of any of the
following factors: (A) The present or threatened destruction,
modification, or curtailment of its habitat or range; (B)
Overutilization for commercial, recreational, scientific, or
educational purposes; (C) Disease or predation; (D) The inadequacy of
existing regulatory mechanisms; or (E) Other natural or manmade factors
affecting its continued existence.
Status Throughout All of Its Range
We evaluated threats to the species and assessed the cumulative
effect of the threats under the section 4(a)(1) factors. This included
an examination of the best scientific and commercial information
available regarding the past, present, and future threats faced by the
species, as well as information presented in the 2006 5-year review
(Service 2006, entire), additional information available since it was
completed, and other available published and unpublished information.
We also consulted with species experts and land management staff who
are actively managing habitat for the conservation of the Morro
shoulderband snail.
The primary risk factors affecting Morro shoulderband snails are
the present and threatened modification or destruction of its habitat
from development (Factor A), wildfire (Factor A), and invasive species
(Factor A), as well as effects to its life cycle from changing climate
conditions (Factor E). We also considered the threat of collection
(Factor B) and examined whether there were any existing regulatory
mechanisms (Factor D) addressing ongoing threats. Additional threats to
the species include agriculture and vegetation management (Factor A)
and predation (Factor C) (Service 2019, pp. 21-45).
Threats influencing the viability of Morro shoulderband snail
populations at the time of listing were urban development, off-road
vehicle activity, nonnative vegetation (referred to as invasive species
in this proposed rule), parasitoids (an insect whose larvae live as
parasites that eventually kill their hosts), and competition from brown
garden snails, all of which were exacerbated by effects associated with
small population size and drought conditions (59 FR 64613, December 15,
1994). Since the time of listing, we have determined that some of these
threats are no longer affecting the species, particularly off-road
vehicle activity, brown garden snails, parasitoids, and controlled
burns (Service 2006, pp. 11-15). Our current analysis indicates that
the remaining threats identified at the time of listing have been
reduced in magnitude, and that overall the level of impacts to Morro
shoulderband snail and its habitat that placed the species in danger of
extinction in 1994 have been substantially reduced. These reductions
have occurred predominantly because of significant protection of lands
at risk of development and surveys indicating that population numbers
now occur in the thousands rather than the hundreds. However, threats
are still impacting the species and its habitat, and new threats have
been identified since the time of listing.
Of the factors identified above, habitat loss and degradation from
fragmentation associated with development and invasive plant species
(Factor A), wildfire (Factor A), and effects to the Morro shoulderband
snail life cycle from changing climate conditions (Factor E) are the
most significant threats to the species currently and into the
foreseeable future. Conservation actions have decreased the magnitude
of impacts from nonnative invasive plant species; however, degradation
of native habitats by these species is ongoing. Apart from the
protections afforded by the Act, no regulatory mechanisms are
addressing the threats impacting the species and its habitat.
We considered plausible future conditions for the Morro
shoulderband snail to evaluate the status of the species into the
future. Under the status quo, the species would lose resiliency due to
continued threats of habitat loss, decreasing habitat quality due to
invasive species and drought, and increased wildfire frequency and
intensity. These effects will increase into the future, putting some
Population Areas at risk of extirpation. Major conservation efforts,
including implementation of the Los Osos Habitat Conservation Plan
conservation program, active management within currently protected but
generally unmanaged lands throughout the distribution of the species,
and additional habitat protection through acquisition and subsequent
management, could help ameliorate some of these threats in the future;
however, this level of conservation is not guaranteed to be
implemented.
After our review and analysis of threats as they relate to the five
statutory factors, we find that this information does not indicate that
these threats are affecting individual populations of Morro
shoulderband snail or the species as a whole across its range to the
extent that they currently are of sufficient imminence, scope, or
magnitude to rise to the level that the species is presently in danger
of extinction throughout all of its range. However, while numbers of
individuals across the majority of its range are greater now than at
the time of listing, the species remains negatively affected by
continued and future threats and inadequate resource needs across much
of its range.
The best available information indicates there are continued
population- and range-wide-level impacts to Morro shoulderband snails
despite beneficial conservation efforts in several of the Population
Areas that have reduced the magnitude of development. Specifically,
Morro shoulderband snail populations across the range continue to be
negatively affected by effects of development and invasive nonnative
plant species, though at a lower level than at the time of listing.
However, in the foreseeable future, available information also
indicates increasing temperatures and reductions in the amount of
annual rainfall associated with climate change will likely result in
prolonged drought conditions that negatively influence Morro
shoulderband snail abundance in the future, along with increasing
frequency and intensity of wildfires. These effects will combine with
the ongoing low-grade impacts of development and invasive plants such
that the species is likely to become endangered in the foreseeable
future.
Thus, after assessing the best available information, we determine
that the Morro shoulderband snail is not
[[Page 44832]]
currently in danger of extinction, but is likely to become in danger of
extinction within the foreseeable future, throughout all of its range.
Status Throughout a Significant Portion of the 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. The court in Center for Biological Diversity v. Everson,
2020 WL 437289 (D.D.C. Jan. 28, 2020) (Everson), vacated the aspect of
the 2014 Significant Portion of its Range Policy that provided that the
Services do not undertake an analysis of significant portions of a
species' range if the species warrants listing as threatened throughout
all of its range. Therefore, we proceed to evaluating whether the
species is endangered in a significant portion of its range--that is,
whether there is any portion of the species' range for which both (1)
the portion is significant; and, (2) the species is in danger of
extinction in that portion. Depending on the case, it might be more
efficient for us to address the ``significance'' question or the
``status'' question first. We can choose to address either question
first. Regardless of which question we address first, if we reach a
negative answer with respect to the first question that we address, we
do not need to evaluate the other question for that portion of the
species' range.
Following the court's holding in Everson, we now consider whether
there are any significant portions of the species' range where the
species is in danger of extinction now (i.e., endangered). In
undertaking this analysis for the Morro shoulderband snail, 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.
For the Morro shoulderband snail, we considered whether the threats
are geographically concentrated in any portion of the species' range at
a biologically meaningful scale. We examined the following threats:
Development; invasive species; wildfire; climate change; collection;
agriculture and vegetation management; and predation; including
cumulative effects. Threats do occur at different magnitudes across the
range of the Morro shoulderband snail. For example, the East Los Osos
and Downtown Los Osos population areas are at higher risk of
development than other areas. Other population areas are at higher risk
of fire, such as South Los Osos and Sand Spit. However, there is no
population area with a significantly higher magnitude of threats than
in other areas, and the magnitude of effects in those areas is not such
that the species is likely to become endangered in the foreseeable
future. Thus, we found no concentration of threats in any portion of
the Morro shoulderband snail's range at a biologically meaningful
scale. Thus, there are no portions of the species' range where the
species has a different status from its rangewide status. Therefore, no
portion of the species' range provides a basis for determining that the
species is in danger of extinction in a significant portion of its
range, and we determine that the species is likely to become in danger
of extinction within the foreseeable future throughout all of its
range. This 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 the Morro shoulderband snail meets the
definition of a threatened species. Therefore, we propose to reclassify
the Morro shoulderband snail as a threatened species in accordance with
sections 3(20) and 4(a)(1) of the Act.
Proposed Rule Issued Under Section 4(d) of the Act
Background
Section 4(d) of the Act contains two sentences. The first sentence
states that the ``Secretary shall issue such regulations as he deems
necessary and advisable to provide for the conservation'' of species
listed as threatened. The U.S. Supreme Court has noted that statutory
language like ``necessary and advisable'' demonstrates a large degree
of deference to the agency (see Webster v. Doe, 486 U.S. 592 (1988)).
Conservation is defined in the Act to mean ``the use of all methods and
procedures which are necessary to bring any endangered species or
threatened species to the point at which the measures provided pursuant
to [the Act] are no longer necessary.'' Additionally, the second
sentence of section 4(d) of the Act states that the Secretary ``may by
regulation prohibit with respect to any threatened species any act
prohibited under section 9(a)(1), in the case of fish or wildlife, or
section 9(a)(2), in the case of plants.'' Thus, the combination of the
two sentences of section 4(d) provides the Secretary with wide latitude
of discretion to select and promulgate appropriate regulations tailored
to the specific conservation needs of the threatened species. The
second sentence grants particularly broad discretion to us when
adopting the prohibitions under section 9.
The courts have recognized the extent of the Secretary's discretion
under this standard to develop rules that are appropriate for the
conservation of a species. For example, courts have upheld rules
developed under section 4(d) as a valid exercise of agency authority
where they prohibited take of threatened wildlife, or include a limited
taking prohibition (see Alsea Valley Alliance v. Lautenbacher, 2007
U.S. Dist. Lexis 60203 (D. Or. 2007); Washington Environmental Council
v. National Marine Fisheries Service, 2002 U.S. Dist. Lexis 5432 (W.D.
Wash. 2002)). Courts have also upheld 4(d) rules that do not address
all of the threats a species faces (see State of Louisiana v. Verity,
853 F.2d 322 (5th Cir. 1988)). As noted in the legislative history when
the Act was initially enacted, ``once an animal is on the threatened
list, the Secretary has an almost infinite number of options available
to him with regard to the permitted activities for those species. He
may, for example, permit taking, but not importation of such species,
or he may choose to forbid both taking and importation but allow the
transportation of such species'' (H.R. Rep. No. 412, 93rd Cong., 1st
Sess. 1973).
Exercising this authority under section 4(d), we have developed a
proposed rule that is designed to address the Morro shoulderband
snail's specific threats and conservation needs. Although the statute
does not require us to make a ``necessary and advisable'' finding with
respect to the adoption of specific prohibitions under section 9, we
find that this rule as a whole satisfies the requirement in section
4(d) of the Act to issue regulations deemed necessary and advisable to
provide for the conservation of the Morro shoulderband snail. As
discussed under Summary of Biological Status and Threats, we have
concluded that the Morro shoulderband snail is likely to become in
danger of extinction within the foreseeable future primarily due to the
ongoing impacts of development and invasive plants combined with
projected impacts from climate change and increasing frequency and
severity of wildfire. The provisions of this proposed 4(d) rule would
promote
[[Page 44833]]
conservation of the Morro shoulderband snail by encouraging management
of the landscape in ways that meet both land management considerations
and the conservation needs of the Morro shoulderband snail. The
provisions of this rule are one of many tools that we would use to
promote the conservation of the Morro shoulderband snail. This proposed
4(d) rule would apply only if and when the Service makes final the
listing of the Morro shoulderband snail as a threatened species.
Provisions of the Proposed 4(d) Rule
This proposed 4(d) rule would prohibit all acts described under
section 9(a)(1) of the Act, except take resulting from the activities
listed below when conducted within habitats occupied by the Morro
shoulderband snail. This proposed rule to reclassify the Morro
shoulderband snail as a threatened species discusses take of
individuals through removal or degradation of native habitat as one of
the reasons for its decline. It also discusses the effects of more
frequent or increased intensity of wildfire events associated with
climate change. The specific focus of the exceptions to this proposed
4(d) rule is take directly associated with activities related to native
habitat restoration and fire hazard reduction activities occurring
within the range of the Morro shoulderband snail.
This proposed 4(d) rule outlines exemptions from the prohibitions
of section 9(a)(1) of the Act. These include habitat restoration
activities in disturbed or degraded native scrub and chaparral habitats
throughout the estimated 2,638-ha (6,520-ac) range of the Morro
shoulderband snail and specific fire hazard reduction activities within
the estimated range of the species.
Habitat restoration activities improve the condition and habitat
suitability for the Morro shoulderband snail and other constituent
scrub and chaparral species. Habitat within the range of the species
has been subject to degradation that has reduced its suitability for
Morro shoulderband snail. This degradation is the result of invasion by
nonnative plant species, particularly the perennial veldt grass
(Ehrharta calycina), that occurs after clearing of native plant
communities or on unmanaged lands post-fire. Perennial veldt grass and
other nonnative grass species can serve as ladder fuels and convey
fires originating in the wildland-urban interface into the native scrub
and chaparral communities that surround the community of Los Osos.
Community concern over the frequency and intensity of wildfire is
increasing every year with the increased frequency of catastrophic
wildfire events in California. Widespread wildfires within the range of
Morro shoulderband snail could result in local extirpations of
populations/occurrences of the Morro shoulderband snail and reduce or
eliminate the ability of the species to recolonize recovering habitat
post-fire, even with management of post-wildfire areas.
This proposed 4(d) rule would exempt from the prohibitions in
section 9(a)(1) of the Act incidental take resulting from any of the
following activities when conducted within the range of the Morro
shoulderband snail:
(1) Native habitat restoration activities, inclusive of invasive
and/or nonnative species removal, conducted by a conservation
organization (e.g., the California Native Plant Society, Audubon
Society, the Land Conservancy of San Luis Obispo County) pursuant to a
Service-approved management or restoration plan.
(2) Fire hazard reduction activities implemented by the California
Department of Forestry and Fire Protection (CALFIRE) in accordance with
a Service-approved plan (such as the Los Osos Community Wildfire
Protection Plan (CWPP)) within the range of the Morro shoulderband
snail.
Fire hazard reduction activities implemented by CALFIRE and
conducted in accordance with a Service-approved plan, like the Los Osos
CWPP, on legal parcels or other non-Federal land within the range of
the species would be exempted from take prohibitions of section 9(a)(1)
of the Act. The CWPP was developed by the San Luis Obispo County
Community Fire Safe Council with input from the Service and identifies
areas that would receive a range of hazard reduction treatments within
and adjacent to the community of Los Osos. Anticipated treatments
include removal of downed, dead, or diseased vegetation, creation of
shaded fuel breaks, and mowing of nonnative grassland. The CWPP
includes measures to reduce the amount and form of take of Morro
shoulderband snails that may be present in the treatment areas. We
anticipate that these fire hazard reduction activities will have short-
term effects on the Morro shoulderband snail. Implementation of the
CWPP fire hazard reduction activities would reduce the risk of
catastrophic wildfires, which could result in local extirpations of
Morro shoulderband snail occurrences/populations.
We recognize the special and unique relationship with our State
natural resource agency partners in contributing to conservation of
listed species. State agencies often possess scientific data and
valuable expertise on the status and distribution of endangered,
threatened, and candidate species of wildlife and plants. State
agencies, because of their authorities and their close working
relationships with local governments and landowners, are in a unique
position to assist us in implementing all aspects of the Act. In this
regard, section 6 of the Act provides that we shall cooperate to the
maximum extent practicable with the States in carrying out programs
authorized by the Act. Therefore, as set forth at 17.31(b), any
qualified employee or agent of a State conservation agency that is a
party to a cooperative agreement with us in accordance with section
6(c) of the Act, who is designated by his or her agency for such
purposes, would be able to conduct activities designed to conserve the
Morro shoulderband snail that may result in otherwise prohibited take
without additional authorization.
This proposed 4(d) rule would enhance conservation of the Morro
shoulderband snail by allowing activities that would contribute to the
recovery of the species (restoration activities) or minimize the risks
of wildfire that could extirpate populations of Morro shoulderband
snail (fire hazard reduction activities). We expect that take of
individuals would be predominantly in the form of capture (and moving
out of harm's way) of individuals identified during preactivity
surveys; however, take in the form of accidental injury or mortality
would also be exempted.
Nothing in this proposed 4(d) rule would change in any way the
recovery planning provisions of section 4(f) of the Act, the
consultation requirements under section 7 of the Act, or our ability to
enter into partnerships for the management and protection of the Morro
shoulderband snail. However, interagency cooperation may be further
streamlined through planned programmatic consultations for the species
between us and other Federal agencies, where appropriate. We ask the
public, particularly State agencies and other interested stakeholders
that may be affected by the proposed 4(d) rule, to provide comments and
suggestions regarding additional guidance and methods that we could
provide or use, respectively, to streamline the implementation of this
proposed 4(d) rule (see Information Requested).
Effects of This Proposed Rule
This proposed rule would revise 50 CFR 17.11(h) to reclassify the
Morro shoulderband snail from an endangered species to a threatened
species on the
[[Page 44834]]
Federal List of Endangered and Threatened Wildlife. This
reclassification does not substantially change the protection afforded
to this species under the Act. Anyone taking, attempting to take, or
otherwise possessing this species, or part thereof, in violation of
section 9 of the Act or its implementing regulations, with the
exceptions as outlined above, is subject to a penalty under section 11
of the Act. Pursuant to section 7 of the Act, Federal agencies must
still ensure that any actions they authorize, fund, or carry out are
not likely to jeopardize the continued existence of Morro shoulderband
snail. This proposed rule would not affect the critical habitat
designation for the Morro shoulderband snail at 50 CFR 17.95(f).
This proposed 4(d) rule only addresses Federal Endangered Species
Act requirements and would not change any prohibitions provided for by
State law. As explained above, the provisions included in this proposed
4(d) rule are advisable to provide for the conservation of the Morro
shoulderband snail. Nothing in this proposed 4(d) rule would change in
any way the recovery planning provisions of section 4(f) of the Act,
the consultation requirements under section 7 of the Act, or the
ability of the Service to enter into partnerships for the management
and protection of the Morro shoulderband snail.
Required Determinations
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To help us with
revisions to this proposed rule, your comments should be as specific as
possible. For example, you should identify the sections or paragraphs
that are unclear, which sections or sentences are too long, the
sections where you feel lists or tables would be useful, etc.
National Environmental Policy Act
It is our determination that we do not need to prepare an
environmental assessment or an environmental impact statement, as
defined under the authority of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), in connection with regulations adopted
pursuant to section 4(a) of the Act. We published a notice outlining
our reasons supporting this determination in the Federal Register on
October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited in this proposed rule is
available on the internet at http://www.regulations.gov under Docket
No. FWS-R8-ES-2019-0025, or upon request from the Field Supervisor,
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Author
The primary author of this proposed rule is the Ventura Fish and
Wildlife Office, Ventura, California.
Lists of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we hereby propose to amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.11(h), the List of Endangered and Threatened
Wildlife, under SNAILS, by revising the entry for ``Snail, Morro
shoulderband (=Banded dune)'' to read as set forth below.
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Snails
* * * * * * *
Snail, Morro shoulderband.... Helminthoglypta Wherever found.. T............ 59 FR 64613, 12/15/1994;
walkeriana. [Federal Register citation
when published as a final
rule]; 50 CFR 17.45(b); \4d\
50 CFR 17.95(f).\CH\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. Revise Sec. 17.45 to read as follows:
Sec. 17.45 Special rules--snails and clams.
(a) [Reserved]
(b) Morro shoulderband snail (Helminthoglypta walkeriana).
(1) Prohibitions. The following prohibitions that apply to
endangered wildlife also apply to the Morro shoulderband snail. Except
as provided under paragraph (b)(2) of this section and Sec. Sec. 17.4
and 17.5, it is unlawful for any person subject to the jurisdiction of
the United States to commit, to attempt to commit, to solicit another
to commit, or cause to be committed, any of the following acts in
regard to this species:
(i) Import or export, as set forth at Sec. 17.21(b).
(ii) Take, as set forth at Sec. 17.21(c)(1).
(iii) Possession and other acts with unlawfully taken specimens, as
set forth at Sec. 17.21(d)(1).
(iv) Interstate or foreign commerce in the course of commercial
activity, as set forth at Sec. 17.21(e).
(v) Sale or offer for sale, as set forth at Sec. 17.21(f).
(2) Exceptions from prohibitions. In regard to this species, you
may:
(i) Conduct activities as authorized by a permit under Sec. 17.32.
(ii) Take, as set forth at Sec. 17.21(c)(2) through (c)(4) for
endangered wildlife.
(iii) Take as set forth at Sec. 17.31(b).
[[Page 44835]]
(iv) Take incidental to an otherwise lawful activity caused by:
(A) Native habitat restoration activities, inclusive of invasive
and/or nonnative species removal, conducted by a conservation
organization pursuant to a Service-approved management or restoration
plan.
(B) Fire-hazard reduction activities implemented by the California
Department of Forestry and Fire Protection in accordance with a
Service-approved plan within the range of the Morro shoulderband snail.
(v) Possess and engage in other acts with unlawfully taken
wildlife, as set forth at Sec. 17.21(d)(2) for endangered wildlife.
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-15175 Filed 7-23-20; 8:45 am]
BILLING CODE 4333-15-P