[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71075-71077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27013]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2021-0135; FXES11130200000-212-FF02ENEH00]


Endangered and Threatened Wildlife and Plants; Draft Recovery 
Plan for Canelo Hills Ladies-Tresses

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of our draft recovery plan for Canelo Hills ladies-tresses 
(Spiranthes delitescens), an endangered orchid that occurs in desert 
wetland habitats in southern Arizona. We request review and comment on 
this draft recovery plan from local, State, and Federal agencies; 
Tribal governments; nongovernmental organizations; and the public.

DATES: We must receive any comments on or before February 14, 2022. 
Comments submitted online at http://www.regulations.gov (see ADDRESSES) 
must be received by 11:59 p.m. Eastern Time on February 14, 2022.

ADDRESSES: 
    Obtaining Documents: You may obtain a copy of the draft recovery 
plan, recovery implementation strategy, and species status assessment 
for review at http://www.regulations.gov in Docket No. FWS-R2-ES-2021-
0135.
    Submitting Comments: Submit your comments in writing by one of the 
following methods:
     Internet: http://www.regulations.gov. Search for and 
submit comments on Docket No. FWS-R2-ES-2021-0135.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R2-ES-2021-0135, U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    For additional information about submitting comments, see Request 
for Public Comments and Public Availability of Comments under 
SUPPLEMENTARY INFORMATION.

[[Page 71076]]


FOR FURTHER INFORMATION CONTACT: Jeff Humphrey, Field Supervisor, at 
928-556-2157 or by email at Jeff_Humphrey@fws.gov. Individuals who are 
hearing or speech impaired may call the Federal Relay Service at 1-800-
877-8339 for TTY assistance.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(USFWS), announce the availability of our draft recovery plan for 
Canelo Hills ladies-tresses (Spiranthes delitescens), which we listed 
as endangered in 1997 (62 FR 665) under the Endangered Species Act of 
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). This orchid species is 
restricted to four populations in ci[eacute]negas (desert wetlands) in 
Cochise and Santa Cruz Counties in southern Arizona. The draft recovery 
plan includes specific goals, objectives, and criteria that may help to 
inform our consideration of whether to reclassify the species as 
threatened (i.e., ``downlist'') or remove the species from the Federal 
List of Endangered and Threatened Plants (i.e., ``delist''). We request 
review of and comment on the draft recovery plan from local, State, and 
Federal agencies; Tribal governments; nongovernmental organizations; 
and the public.

Recovery Planning and Implementation

    Section 4(f) of the ESA requires the development of recovery plans 
for listed species, unless such a plan would not promote the 
conservation of a particular species. Also pursuant to section 4(f) of 
the ESA, a recovery plan must, to the maximum extent practicable, 
include:
    (1) A description of site-specific management actions as may be 
necessary to achieve the plan's goals for the conservation and survival 
of the species;
    (2) Objective, measurable criteria that, when met, would support a 
determination under the ESA's section 4(a)(1) that the species should 
be delisted; and
    (3) Estimates of the time and costs required to carry out those 
measures needed to achieve the plan's goal and to achieve intermediate 
steps toward that goal.
    In 2016 the USFWS revised its approach to recovery planning, and is 
now using a process termed recovery planning and implementation (RPI) 
(see https://www.fws.gov/endangered/esa-library/pdf/RPI.pdf). The RPI 
approach is intended to reduce the time needed to develop and implement 
recovery plans, increase recovery plan relevance over a longer 
timeframe, and add flexibility to recovery plans so they can be 
adjusted to new information or circumstances. Under RPI, a recovery 
plan addresses the statutorily required elements under section 4(f) of 
the ESA, including site-specific management actions, objective and 
measurable recovery criteria, and the estimated time and cost to 
recovery. The RPI recovery plan is supported by two supplementary 
documents: A species status assessment (SSA), which describes the best 
available scientific information related to the biological needs of the 
species and assessment of threats, and the recovery implementation 
strategy (RIS), which details the particular near-term activities 
needed to implement the recovery actions identified in the recovery 
plan. Under this approach, we can more nimbly incorporate new 
information on species biology or details of recovery implementation by 
updating these supplementary documents without concurrent revision of 
the entire recovery plan, unless changes to statutorily required 
elements are necessary.

Species Background

    On January 6, 1997, we published a final rule (62 FR 665) to list 
Canelo Hills ladies-tresses as endangered without critical habitat.
    The species is known to occur in four populations in southern 
Arizona: (1) Canelo Hills, with one subpopulation on land owned and 
managed by The Nature Conservancy and another on U.S. Forest Service 
land; the most recent observation of the species here included 5 
individuals counted in 2002; (2) Turkey Creek, on private lands, where 
6 individuals were counted in 2021; (3) San Rafael Valley, on private 
lands, where 80 plants were counted in 2021; and (4) Babocomari, on 
private lands, where the species was last observed in 2008.
    There are no plants at botanical gardens; however, in 2016 seed 
from a single population was preserved, and in late 2020 a proposal was 
funded to begin in vitro propagation and cultivation at the Desert 
Botanical Garden in Phoenix, Arizona.
    The primary ongoing threats to Canelo Hills ladies-tresses include 
loss or reduction of ci[eacute]nega (desert wetland) habitat, herbivory 
or seed predation by vertebrates and invertebrates, pollinator decline, 
low numbers and limited distribution, and drought and climate change.

Recovery Criteria

    The draft recovery criteria are summarized below. For a complete 
description of the rationale behind the criteria, the recovery 
strategy, management actions, and estimated time and costs associated 
with recovery, refer to the draft recovery plan for Canelo Hills 
ladies-tresses (see ADDRESSES, above, for document availability).
    The ultimate recovery goal is to delist Canelo Hills ladies-tresses 
by ensuring the long-term viability of the species in the wild. In the 
recovery plan, we define the following criteria for delisting (i.e., 
removal of the species from the List of Endangered and Threatened 
Plants).

Delisting Criteria

    Criterion 1: All four existing populations (Canelo Hills, Turkey 
Creek, San Rafael Valley, and Babocomari) are viable, and at least 
three new viable populations are established in strategic sites. To be 
considered viable, all seven populations must contain a minimum of 100 
individuals each, for a total of 25 years over a 35-year period, as 
indicated by annual monitoring, including during the last two 
monitoring events. At least three of these populations must contain a 
minimum of two subpopulations separated by less than 960 meters (the 
distance a primary pollinator can travel). In addition, two of the 
seven populations must each contain a minimum of 650 individuals on at 
least two occasions during the 35-year period mentioned above. Existing 
or newly established populations may be augmented for 5 out of the 
first 25 years to achieve these numbers; no augmentation can occur in 
the last 10 years of the 35-year period. All populations must have 
documented natural recruitment and not show more than 10 percent loss 
of seed production to herbivory or predation during two or more 
monitoring events within the last 10 years of the 35-year period.
    Criterion 2: A collection of seed representing the geographical, 
morphological, and genetic diversity of Canelo Hills ladies-tresses is 
maintained in multiple Center for Plant Conservation partner botanical 
or seed storage institutions for conservation purposes.
    Criterion 3: A living collection of plants representing the 
geographical, morphological, and genetic diversity of Canelo Hills 
ladies-tresses is established within 10 years and maintained in 
perpetuity in multiple botanical institutions for educational and 
conservation purposes.
    Criterion 4: Ci[eacute]negas supporting the four populations of 
Canelo Hills ladies-tresses (Canelo Hills, Turkey Creek, San Rafael 
Valley, and Babocomari), plus those ci[eacute]negas supporting at least 
three newly established populations, are protected in perpetuity 
through a conservation easement, habitat

[[Page 71077]]

conservation plan, or other conservation mechanism appropriate to the 
land status. In addition, conservation easements or other conservation 
mechanisms appropriate to the land status are held on neighboring 
lands, such that new developments (e.g., residential, agricultural, and 
commercial) are minimized and do not impact groundwater availability in 
the ci[eacute]negas supporting Canelo Hills ladies-tresses populations.
    Criterion 5: In fulfillment of Criterion 4, above, conservation and 
management programs and plans address the threats of ci[eacute]nega 
habitat loss, direct loss of Canelo Hills ladies-tresses, and 
pollinator decline to ensure continued existence of the species. The 
following requirements must be met: (a) Site-specific plans are 
developed and fully implemented, such that competing native and 
nonnative vegetation is reduced to a level that ensures Canelo Hills 
ladies-tresses is not shaded and their vigor is not negatively 
affected; a more natural fire or other disturbance regime is 
maintained; natural spring flow supporting cienegas is increased by 
reducing water loss and increasing water conservation and recharge; 
moist soil ci[eacute]nega habitat is increased; predation and herbivory 
are minimized; and native plant diversity is maintained, thus promoting 
native pollinators; and (b) data on the conservation and management of 
Canelo Hills ladies-tresses are collected and shared between land 
managers and researchers.

Peer Review

    In accordance with our policy, ``Notice of Interagency Cooperative 
Policy for Peer Review in Endangered Species Act Activities,'' which we 
published on July 1, 1994 (59 FR 34270), and our August 22, 2016, 
Memorandum, ``Peer Review Process,'' we have sought the expert opinion 
of at least three appropriate and independent specialists regarding 
scientific data and interpretations contained in the species biological 
report and the draft recovery plan. We have ensured that the opinions 
of peer reviewers were objective and unbiased by following the 
guidelines set forth in the 2016 Memorandum, which updates and 
clarifies our policy on peer review. The purpose of such review was to 
ensure that our decisions are based on scientifically sound data, 
assumptions, and analysis. We have addressed peer review comments and 
incorporated changes in the publicly available version of the SSA and 
this version of the draft recovery plan.

Request for Public Comments

    Section 4(f) of the ESA requires us to provide public notice and an 
opportunity for public review and comment during recovery plan 
development. Substantive comments may or may not result in changes to 
the recovery plan. Comments regarding recovery plan implementation will 
be forwarded as appropriate to Federal or other entities so that they 
can be taken into account during the course of implementation of 
recovery actions.
    We invite written comments on this draft recovery plan. In 
particular, we are interested in additional information regarding the 
current threats to the species, ongoing beneficial management efforts, 
and the costs associated with implementing the recommended recovery 
actions. We are specifically seeking comments on the following 
questions:
     Understanding that the time and cost presented in the 
draft recovery plan will be fine-tuned as the RIS is implemented, are 
the estimated time and cost to recovery presented here realistic? Is 
the estimate reflective of the time and cost of actions that may have 
already been implemented by Federal, State, county, or other agencies? 
If not, please provide suggestions or methods for determining a more 
accurate estimation.
     Do the draft recovery criteria provide clear direction to 
partners on what is needed to recover Canelo Hills ladies-tresses? How 
could they be improved for clarity?
     Are the draft recovery criteria both objective and 
measurable given the information available for Canelo Hills ladies-
tresses? Please provide suggestions.
     Understanding that specific, detailed, and area-specific 
recovery activities have been developed in the RIS, do the draft 
recovery actions presented in the draft recovery plan generally cover 
the types of actions necessary to meet the recovery criteria? If not, 
what general actions are missing? Are any of the draft recovery actions 
unnecessary for achieving recovery? Have we prioritized the actions 
appropriately?
    The SSA is available as a supporting document for the draft 
recovery plan, but we are not seeking comments on that document. We 
will consider all comments we receive by the date specified in DATES, 
above, prior to final approval of the plan.

Public Availability of Comments

    All comments we receive, including names and addresses, will become 
part of the administrative record and will be available to the public. 
Before including your address, phone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--will be publicly available. While you may request in your 
comment that we withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.

Authority

    We developed our draft recovery plan and publish this notice under 
the authority of section 4(f) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.).

Amy Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2021-27013 Filed 12-13-21; 8:45 am]
BILLING CODE 4333-15-P