[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Proposed Rules]
[Pages 54221-54231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21313]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2013-0092; 4500030113]
RIN 1018-AY77
Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition to Downlist Hesperocyparis abramsiana (=Cupressus
abramsiana), and Proposed Rule to Reclassify H. abramsiana as
Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule and 12-month petition finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 12-month
finding on a petition to reclassify Hesperocyparis abramsiana
(=Cupressus abramsiana) (Santa Cruz cypress) as threatened under the
Endangered Species Act of 1973, as amended (Act). After review of all
available scientific and commercial information, we find that
reclassifying Santa Cruz cypress as threatened is warranted, and
therefore, we propose to reclassify Santa Cruz cypress as threatened
under the Act. We also propose to correct the scientific name of Santa
Cruz cypress on the List of Endangered and Threatened Plants. We are
seeking information and comments from the public regarding this
proposed rule and 12-month finding.
DATES: We will accept comments received or postmarked on or before
November 4, 2013. We must receive requests for public hearings, in
writing, at the address shown in the FOR FURTHER INFORMATION CONTACT
section by October 18, 2013.
ADDRESSES: Comment submission: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://
[[Page 54222]]
www.regulations.gov. In the Search box, enter FWS-R8-ES-2013-0092,
which is the docket number for this rulemaking. Then, 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 or hand-delivery to: Public
Comments Processing, Attn: FWS-R8-ES-2013-0092; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
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 the Information Requested section below for more information).
Document availability: A copy of the Species Report referenced
throughout this document can be viewed at http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=R005, at http://www.regulations.gov under Docket No. FWS-R8-ES-2013-0092, or at the
Ventura Fish and Wildlife Office's Web site at http://www.fws.gov/ventura/.
FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Deputy 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; facsimile 805-644-3958. If you use a telecommunications
device for the deaf (TDD), call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend any final action resulting from this proposal 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, or other interested parties concerning this
proposed rule. We particularly seek comments concerning:
(1) Reasons why we should or should not reclassify Santa Cruz
cypress under the Act (16 U.S.C. 1531 et seq.).
(2) New biological or other relevant data concerning any threat (or
lack thereof) to this species.
(3) New information concerning the population size or trends of
this species.
(4) New information on how Santa Cruz cypress responds to fire,
especially as it pertains to prescribed fire and alternatives to
prescribed fire (e.g., mechanical disturbance) that would support
increased recruitment for this species.
(5) New information on the current or planned activities within the
range of the species that may adversely affect or benefit the species.
(6) New information or data on the projected and reasonably likely
impacts to Santa Cruz cypress or its habitat associated with climate
change.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to allow us to
verify any scientific or commercial information you include. Please
note that submissions merely stating support for or opposition to the
action under consideration without providing supporting information,
although noted, will not be considered in making a determination, as
section 4(b)(1)(A) of the Act directs that determinations as to whether
any species is an endangered or threatened species must be made
``solely on the basis of the best scientific and commercial data
available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We request
that you send comments only by the methods described in the ADDRESSES
section. If you submit information via http://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Ventura Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
Public Hearings
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. We must receive your request within 45
days after the date of this Federal Register publication. Send your
request to the address shown in FOR FURTHER INFORMATION CONTACT. We
will schedule public hearings on this proposal, if any are requested,
and announce the dates, times, and places of those hearings, as well as
how to obtain reasonable accommodations, in the Federal Register and
local newspapers at least 15 days before the hearing.
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (50 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. A thorough review of information that we
relied on in preparing this proposed rule--including information on
taxonomy, life-history, ecology, population distribution and abundance,
and potential threats--is presented in the Santa Cruz Cypress Species
Report (Service 2013) available at www.regulations.gov (Docket Number
FWS-R8-ES-2013-0092). The purpose of peer review is to ensure that
decisions are based on scientifically sound data, assumptions, and
analyses. A peer review panel will conduct an assessment of the
proposed rule, and the specific assumptions and conclusions regarding
the proposed downlisting. This assessment will be completed during the
public comment period.
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 Action
We proposed to list Santa Cruz cypress (as Cupressus abramsiana) as
an endangered species under the Act on September 12, 1985 (50 FR
37249), based on threats from residential development, agricultural
conversion, logging, oil and gas drilling, and the alteration of the
natural fire regime that maintains the stands. We published a final
rule listing Santa Cruz cypress as an endangered species (which
included an additional threat, genetic introgression, not listed in the
proposed rule) in the Federal Register on January 8, 1987 (52 FR 675).
We finalized a recovery plan for Santa Cruz cypress (Recovery Plan) in
September 1998 (Service 1998).
Under the Act, we maintain the Lists of Endangered and Threatened
Wildlife and Plants at 50 CFR 17.11 (for animals) and 17.12 (for
plants) (Lists). We amend the Lists by publishing final rules in the
Federal Register. Section 4(c)(2)(A) of the Act requires that we
conduct a review of listed species at least once every 5 years. Section
4(c)(2)(B) requires
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that we determine: (1) Whether a species no longer meets the definition
of endangered or threatened and should be removed from the Lists
(delisted), (2) whether a species listed as endangered more properly
meets the definition of threatened and should be reclassified to
threatened (downlisted), or (3) whether a species listed as threatened
more properly meets the definition of endangered and should be
reclassified to endangered (uplisted). In accordance with 50 CFR
424.11(d), using the best scientific and commercial data available, we
will consider a species for delisting only if the data substantiate
that the species is neither endangered nor threatened for one or more
of the following reasons: (1) The species is considered extinct; (2)
the species is considered recovered; or (3) the original data available
when the species was listed, or the interpretation of such data, were
in error.
We published a notice announcing active review and requested public
comments concerning the status of Santa Cruz cypress under section
4(c)(2) of the Act on February 14, 2007 (72 FR 7064). We notified the
public of completion of the 5-year review on May 21, 2010 (75 FR
28636). The 5-year review, completed on August 17, 2009 (Service 2009),
resulted in a recommendation to change the status of the species from
endangered to threatened. A copy of the 2009 5-year review for Santa
Cruz cypress is available on the Service's Environmental Conservation
Online System (http://ecos.fws.gov/docs/five_year_review/doc2551.pdf).
On December 21, 2011, we received a petition dated December 19,
2011, from the Pacific Legal Foundation, requesting the Service to
delist the Inyo California towhee (Pipilo crissalis eremophilus), and
to reclassify from endangered to threatened the arroyo toad (Anaxyrus
californicus), Modoc sucker (Catostomus microps), Eriodictyon
altissimum (Indian Knob mountainbalm), Astragalus jaegerianus (Lane
Mountain milk-vetch), and Santa Cruz cypress. The petition was based on
the analysis and recommendations contained in the most recent 5-year
reviews for these taxa. On June 4, 2012 (77 FR 32922), we published in
the Federal Register a 90-day finding for the 2011 petition to
reclassify these six taxa. In our 90-day finding, we determined the
2011 petition provided substantial information indicating the
petitioned actions may be warranted, and we initiated status reviews
for each species. This proposed downlisting rule constitutes the 12-
month finding and our 5-year status review for Santa Cruz cypress; 12-
month findings for the other petitioned species will be addressed
separately and published in the Federal Register in the future.
Background
A scientific analysis was completed and presented in detail within
the Santa Cruz Cypress Species Report (Service 2013, entire), which is
available at http://www.regulations.gov at Docket Number FWS-R8-ES-
2013-0092. The Species Report was prepared by Service biologists to
provide thorough discussion of the species ecology, biological needs,
and analysis of the threats that may be impacting the species. The
Species Report includes discussion of the following: species
description, taxonomy, life history, habitat, distribution, abundance,
population descriptions, age and size class distribution, threats
analysis, progress towards recovery, and research needs. This detailed
information is summarized in the following paragraphs of this
Background section and the Summary of Factors Affecting the Species
section.
Santa Cruz cypress is a small-statured tree in the cypress family
(Cupressaceae), with mature trees averaging 20 to 33 feet (6 to 10
meters) in height (Bartel 2012, p. 138). Reproductive maturity is
reached at an average age of 11 years, although some individuals
produce cones earlier (Kuhlmann 1986, p. 8). The potential lifespan of
the Santa Cruz cypress is approximately 100 years or longer (Service
2013, p. 9).
The taxonomy of and relationships among members of the cypress
family (Cupressaceae) have undergone many revisions, as described in
greater detail in the Species Report (Service 2013, pp. 8-9). Most
recently, a new genus, Hesperocyparis Bartel and Price, was described
to recognize that the western hemisphere Cupressus taxa, including
Santa Cruz cypress, comprise a group quite separate from the eastern
hemisphere taxa (Adams et al. 2009, p. 180). This taxonomic revision,
published since listing, changed the name of the listed entity from
Cupressus abramsiana to Hesperocyparis abramsiana, but did not alter
the definition, distribution, or range of the species from what it was
at the time of listing. Based on this revision, we include in this
document a proposed correction to this taxon's scientific name, to list
it as Hesperocyparis abramsiana on the List of Endangered and
Threatened Plants at 50 CFR 17.12(h).
Recent taxonomic evaluations of Hesperocyparis abramsiana have
identified two varieties of the species: H. a. var. abramsiana and H.
a. var. butanoensis (San Mateo cypress) (Adams and Bartel 2009). The
listed entity includes all members of this species (i.e., both
varieties currently have the same protections under the Act), which are
represented by one population in San Mateo County, California (H. a.
var. butanoensis; known as the Butano Ridge population), and four
populations in Santa Cruz County, California (H. a. var. abramsiana;
known as the Eagle Rock, Bracken Brae, Bonny Doon, and Majors Creek
populations). These five populations comprise eight distinct stands
(trees with similar species composition, age, and condition considered
to be a homogeneous unit). Hesperocyparis abramsiana var. butanoensis
is distinguished from H. a. var. abramsiana by its longer seed cones
(Bartel 2012, p. 138). Both varieties are collectively referred to as
Santa Cruz cypress for the remainder of this document unless otherwise
noted.
At the time of listing, population estimates for Santa Cruz cypress
were based on field reconnaissance rather than systematic observations
of stand area and density. These estimates did not differ greatly from
the estimates used in the 1998 Recovery Plan (Service 1998), which used
numbers from a demographic report (Lyons 1988) of the species from
1988. In 2007, we funded a directed study of three populations (Butano
Ridge, Majors Creek, and Eagle Rock) to obtain more accurate estimates
on population numbers and area (McGraw 2007, entire), and we derived
updated estimates for the remaining two populations from McGraw (2007)
and Taylor (in litt. 2005).
McGraw (2007) and Taylor (in litt. 2005) represent the best
currently available scientific and commercial information regarding
number of individual trees, coverage area (acreage) for all
populations, reproduction, and recruitment. Survey data indicate the
estimated number of individual trees for all 5 populations ranges from
approximately 2,786 individuals in the Butano Ridge population to
approximately 10,000 to 20,000 individuals in the Bracken Brae
population (Table 2 in Service 2013, p. 13). The five populations range
in size from approximately 8 to 128 acres (ac) (3 to 52 hectares (ha))
(Table 2 in Service 2013, p. 13). McGraw's (2007, p. 20) study at the
Butano Ridge, Eagle Rock, and Majors Creek populations showed high
levels of new cone formation (also expected to be similar at the Bonny
Doon and Bracken Brae populations), which is an indicator of
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reproductive vigor. Santa Cruz cypress, like most cypress species, are
obligate seeders; the trees do not resprout after a disturbance event
such as a fire, and are thus totally dependent on seed establishment
for post-disturbance regeneration (Bartel and Knudsen 1983, p. 3).
While seed production appears to be strong, recruitment--which depends
more on the availability of habitat--is more variable between stands
(Service 2013, p. 45).
For a detailed discussion of Santa Cruz cypress's description,
taxonomy, life history, habitat, soils, distribution, abundance, age
and size distribution, and role of fire in regeneration, please see the
Species Report available for review at http://www.regulations.gov under
Docket No. FWS-R8-ES-2013-0092.
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 endangered or threatened (or not) because of one or more of
five threat factors. Section 4(b) of the Act requires that the
determination be made ``solely on the basis of the best scientific and
commercial data available.'' Therefore, recovery criteria should
indicate when a species is no longer an endangered species or
threatened species because of any of the five statutory factors.
Thus, while recovery plans provide important guidance to the
Service, States, and other partners on methods of minimizing 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 revise the
status of or remove a species from the Federal List of Endangered and
Threatened Plants (50 CFR 17.12) is ultimately based on an analysis of
the best scientific and commercial data then available to determine
whether a species is no longer an endangered species or a threatened
species, regardless of whether that information differs from the
recovery plan.
In 1998, we finalized a recovery plan for Santa Cruz cypress
(Recovery Plan; Service 1998). The Recovery Plan states that Santa Cruz
cypress can be reclassified to threatened status when protection is
secured for all five populations and their habitat from the primary
threats of logging, agricultural conversion, and development (Service
1998, p. 30). This criterion was intended to address the point at which
imminent threats to the species had been ameliorated so that the
populations were no longer in immediate risk of extirpation. Because of
its limited range and distribution, we determined that essentially all
of the known habitat is necessary to conserve the species. At the time
the Recovery Plan was prepared, we estimated that areal extent totaled
356 ac (144 ha). After more accurate mapping (McGraw 2007, entire), we
now estimate that areal extent totals approximately 188 ac (76 ha)
(Service 2013, p. 43). Additionally, estimated abundance of individuals
in all populations has changed over time, from approximately 2,300
individuals at the time of listing in 1987, to a current range of
33,000 to 44,000 individuals (although the latter estimate is variable
due to mortality and regeneration following the 2008 Martin Fire that
burned 520 ac (210 ha) of land and a portion of the Bonny Doon
population) (see Table 1 and the Bonny Doon population discussion under
the ``Population Descriptions'' section of the Species Report (Service
2013, pp. 6, 15-17)). It is important to note that the updated
estimates for species abundance and areal extent do not illustrate
trends but rather improved information about the species over time.
As explained in more detail in the Species Report (Service 2013, p.
43), three of five populations occur primarily or entirely on lands
that are being managed for conservation purposes, including the Butano
Ridge population at Pescadero Creek County Park, the Bonny Doon
population at Bonny Doon Ecological Reserve managed by the California
Department of Fish and Wildlife (CDFW), and the Eagle Rock population
at Big Basin State Park managed the California Department of Parks and
Recreation (CDPR). A fourth population (Majors Creek) is primarily on
lands at Gray Whale Ranch State Park, with a small portion on privately
owned land. The fifth population (Bracken Brae) is entirely on private
lands owned by a conservation-oriented landowner. This land is also
designated by the County of Santa Cruz as environmentally sensitive
habitat, which places restrictions on most development. Because four of
the five populations, either wholly or primarily, occur on park or
reserve lands, most of the individuals in the Bonny Doon, Butano Ridge,
Majors Creek, and Eagle Rock populations are protected against the
threats identified as imminent (logging, agricultural conversion, and
development) at the time of listing and in the Recovery Plan. Because
the Bracken Brae population is being managed by a conservation-oriented
landowner and county restrictions are in place that would restrict most
development, development-related threats to this population appear
negligible compared to other active threats. Therefore, we conclude
that the downlisting criterion has been substantially met.
The Recovery Plan also states that Santa Cruz cypress can be
delisted when all five populations are assured of long-term
reproductive success, with insurance against failure provided by the
availability of banked seed (Service 1998, p. 45). This criterion was
intended to address the point at which long-term threats to the
species' persistence had been addressed and its persistence ensured. As
explained in more detail in the Species Report (Service 2013, pp. 18-
20), Santa Cruz cypress requires fire or other disturbance for
germination of seeds and recruitment of new individuals into the
populations. As detailed below in the Summary of Factors Affecting the
Species section and in the Species Report (Service 2013, pp. 23-25),
alteration of fire regime and lack of management are likely to
significantly impact the long-term persistence of the species.
Additionally, only seed for the Bonny Doon, Majors Creek, and Bracken
Brae populations is stored in a conservation bank; no seed has been
banked for the Eagle Rock or Butano Ridge populations. Therefore, based
on our analysis of the best available information, we conclude that the
delisting criterion for the species has not been met.
In addition to the significant protections now afforded to Santa
Cruz cypress as outlined above, various studies have occurred since
development of the Recovery Plan that aid in our understanding of the
status of Santa Cruz cypress. For example:
Recent surveys indicate that four of the five stands of
Santa Cruz cypress contain a larger number of individuals than was
estimated at the time of listing
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and in the Recovery Plan (Service 2013, p. 43).
Although data indicate the majority of trees are
reproductive, many trees (as indicated by surveys conducted
specifically at Butano Ridge and Majors Creek populations) are even-
aged (occur in stands or populations with individuals all of
approximately the same age). Even-aged stands indicate that vigorous
recruitment (survival of seedlings to reproductive age and into the
adult population) is not evident (McGraw 2011, p. 26). In contrast,
vigorous recruitment would be indicated by stands or populations
including individuals of multiple sizes or age classes representing
various life stages of the species.
While seed production appears to be strong at each of the
sampled populations, recruitment, which depends more on extrinsic
factors such as the availability of appropriate habitat for seedling
survival, is more variable among stands even within a population.
These and other data that we have analyzed indicate that most
threats identified at listing and during the development of the
Recovery Plan are reduced in areas occupied by Santa Cruz cypress and
that the status of Santa Cruz cypress has improved, primarily due to
the habitat protection provided by CDFW, CDPR, the County of San Mateo,
and the County of Santa Cruz. However, threats associated with
alteration of fire regime and lack of habitat management continue to
impede the species' ability to recover.
Additional information on recovery and recovery plan implementation
are described in the ``Progress Toward Recovery'' section of the
Species Report (Service 2013, pp. 39-43).
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for listing species, reclassifying
species, or removing species from listed status. ``Species'' is defined
by the Act as including any species or subspecies of fish or wildlife
or plants, and any distinct population segment of any species of
vertebrate fish or wildlife which interbreeds when mature (16 U.S.C.
1532(16)). A species may be determined to be an endangered or
threatened species because of any one or a combination of the five
factors described in section 4(a)(1) of the Act: (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 human made
factors affecting its continued existence. A species may be
reclassified on the same basis.
Determining whether the status of a species has improved to the
point that it can be downlisted requires consideration of whether the
species is endangered or threatened because of the same five categories
of threats specified in section 4(a)(1) of the Act. For species that
are already listed as endangered or threatened, this analysis of
threats is an evaluation of both the threats currently facing the
species and the threats that are reasonably likely to affect the
species in the foreseeable future following the delisting or
downlisting and the removal or reduction of the Act's protections.
A species is an ``endangered species'' for purposes of the Act if
it is in danger of extinction throughout all or a significant portion
of its range and is a ``threatened species'' if it is likely to become
an endangered species within the foreseeable future throughout all or a
significant portion of its range. The word ``range'' in the significant
portion of its range phrase refers to the range in which the species
currently exists. For the purposes of this analysis, we first evaluate
the status of the species throughout all its range, then consider
whether the species is in danger of extinction or likely to become so
in any significant portion of its range.
At the time of listing, the primary threats to Santa Cruz cypress
were residential development, agricultural conversion, logging, oil and
gas drilling, genetic introgression, and alteration of the natural
frequency of fires that threatened to destroy portions of each
population (52 FR 675; January 8, 1987). Other (secondary) threats in
1987 included vandalism, disease, and inadequate regulatory mechanisms
(52 FR 675). Of the primary threats in 1987, residential development,
agricultural conversion, and logging threatened individual Santa Cruz
cypress trees and stands with imminent destruction.
By the time the Recovery Plan was developed in 1998 (Service 1998,
p.1), threats to Santa Cruz cypress from residential development,
agricultural conversion, oil and gas drilling, and logging were still a
concern but had already substantially decreased. The other (secondary)
threats identified at the time of listing had not been ameliorated by
the time the Recovery Plan was developed, particularly alteration of
the natural fire frequency because fire exclusion activities still
occurred on nearby properties (Service 1998, pp. 20-25). Additionally,
the Recovery Plan included a discussion of threats to Santa Cruz
cypress posed by nonnative species, reproductive isolation, and
predation (Service 1998, pp. 22, 23). Subsequently, we conducted a 5-
year status review (which included an analysis of threats that affect
the species) in 2009 (Service 2009, pp. 7-11). By this point in time,
much of the existing habitat for Santa Cruz cypress had been acquired
by the State of California; thus, many impacts previously considered
significant to the species were of a lesser concern, with the exception
of residential development and agricultural conversion at portions of
populations that were not yet conserved. Our review concluded that the
impacts from alteration of the fire regime, disease or predation,
reproductive isolation, genetic introgression, and competition with
nonnative species remained at the same level as identified in the
Recovery Plan.
A thorough analysis and discussion of the current status review
initiated with our 2012 90-day finding (77 FR 32922) is detailed in the
Species Report (Service 2013, entire). In the Species Report, we
identified levels of threats using a scale of low, moderate, or high
(see Service 2013, Appendix 1, for a description of the methodology).
As used in this Species Report, a low-level threat has the potential to
occur at any time, but is unlikely to affect the species across its
entire range or preclude its persistence into the future; a moderate-
level threat is currently affecting the long-term persistence of a
particular population or across the species' range, but does not pose
an imminent threat to the persistence of the species; and a high-level
threat is a well-documented imminent threat to a large number of
individuals that has the potential to disrupt the long-term persistence
of the species in a particular population or across its entire range.
Current or potential future threats to Santa Cruz cypress include
alteration of the fire regime (Factors A and E; high-level threat),
competition with nonnative species (Factors A and E; moderate-level
threat), climate change (Factor A; moderate-level threat), genetic
introgression (Factor E; low-level threat), and vandalism and
unauthorized recreational activities (Factors A and E; low-level
threat). The existing regulatory mechanisms are inadequate to protect
the species from these threats (Factor D; low-level threat). Other
potential impacts evaluated and found to either be of no concern,
insignificant concern, or negligible at
[[Page 54226]]
this time include residential development, agricultural conversion,
logging, and oil and gas drilling (Factor A); overutilization (Factor
B); disease or predation (Factor C); and reproductive isolation (Factor
E). Please see Table 1, Table 4, and the ``Discussion of Threats to the
Species'' section of the Species Report for a thorough discussion of
all potential and current threats (Service 2013, pp. 3, 22-40).
We note, however, that, although the threats of residential
development and agricultural conversion to Santa Cruz cypress have been
ameliorated considerably compared to the time of listing (to the point
that we consider them insignificant at this time), they remain a
concern at two of the populations (i.e., the Bracken Brae and Bonny
Doon populations) to a lesser degree than previously identified in the
Recovery Plan. Specifically, while the land is not in permanent
conservation ownership, the likelihood of potential residential
development is reduced at the Bracken Brae population because the land
is owned by a conservation-oriented landowner (Service 2013, p. 45) and
county designation of these lands as a sensitive area places a
restriction on certain kinds of development. We do not expect this
county designation as a sensitive area to change in the future, even if
the species is reclassified to threatened or eventually delisted.
Additionally, agricultural conversion is currently reduced (to an
insignificant level) at the Bonny Doon population as a result of a
large proportion of the population (i.e., approximately 70 percent) now
occurring on lands designated as a reserve (Service 2013, pp. 15, 16,
45). The portion that is not part of the reserve (i.e., approximately
30 percent) is still subject to potential agricultural conversion,
although potential loss of even this area outside the reserve is
relatively unlikely due to the county's designation of these lands as a
sensitive area (thus a low magnitude threat overall for the population
and the species as a whole). The increased level of conservation
afforded to these two populations as compared to the time of listing
has been achieved primarily through the acquisition of lands for
conservation by CDPR and CDFW.
The following sections provide a summary of the current threats
impacting the Santa Cruz cypress. As identified above, these threats
include alteration of the fire regime (Factors A and E), competition
with nonnative species (Factors A and E), climate change (Factor A),
genetic introgression (Factor E), vandalism and unauthorized
recreational activities (Factors A and E), and the inadequacy of
existing regulatory mechanisms (Factor D).
Alteration of Fire Regime
The long-term persistence of Santa Cruz cypress populations can be
affected by the disruption of the natural fire frequency because Santa
Cruz cypress requires fire (or potentially mechanical disturbance in
lieu of, or in combination with, fire) to reproduce. Most Santa Cruz
cypress populations are located close to residential areas, where
natural fires are excluded from surrounding wildland areas by the
creation of fire breaks and fuels reduction projects. Both fire
exclusion and fire suppression lengthen the interval between fires,
thus altering the natural fire regime and increasing the risk of
extirpation from senescence (growth phase from full maturity to death).
Conversely, human ignitions contribute to fire intervals that are too
short, which in turn can inhibit Santa Cruz cypress from reaching its
reproductive potential if stands burn prior to trees reaching
reproductive age.
The altered fire regime presents a high-level threat to the long-
term persistence of all of the Santa Cruz cypress populations and their
habitat. Santa Cruz cypress depends on fire to maintain appropriate
habitat conditions and to release many of the seeds stored in cones in
the canopy. As adult trees senesce and die, seed production decreases,
such that there is insufficient seed available to regenerate the stand
(McGraw 2007, p. 24). In the absence of fire, recruitment still occurs,
but at a low level that is likely not sufficient for stand replacement
(McGraw 2011, p. 2). To germinate in large numbers, the species
requires open soil and canopy conditions created by fires intense
enough to kill the parent tree; in the absence of fire the species is
only able to germinate opportunistically in rock outcroppings or small
disturbance areas. Without appropriate disturbance from fire, the
stands could eventually senesce, resulting in minimal reproduction in
small rock outcrops that may be inadequate to maintain population
viability.
Within the range of the Santa Cruz cypress, fire has been
documented at the Bonny Doon and Eagle Rock populations, although even-
aged stands at the Butano Ridge, Bracken Brae, and Majors Creek
populations suggest that past fires have occurred. However, McGraw
(2011, p. 2) states that the current demographics and natural
recruitment rates observed in the Majors Creek, Eagle Rock, and Butano
Ridge populations appear to be insufficient to maintain the populations
in the absence of fire. Additionally, active management to address this
concern is not occurring at this time. See additional discussion in the
``Alteration of Fire Regime'' section of the Species Report (Service
2013, pp. 23-25).
Competition With Nonnative Species
The presence of nonnative, invasive species impacts the long-term
persistence of Santa Cruz cypress and its habitat both currently and in
the future through competition and habitat modification. Many nonnative
species have been introduced into Santa Cruz cypress habitat through a
variety of past impacts (e.g., development, infrastructure).
Significant impacts result from Acacia dealbata (silver wattle) and
Genista monspessulana (French broom). Silver wattle is significantly
impacting the Majors Creek population and its habitat by creating dense
canopies, which can inhibit seedlings by blocking sunlight needed for
cypress growth (McGraw 2007, p. 23). French broom is one of the most
prevalent invasive species in Santa Cruz County, located at elevations
where all but a portion of one Santa Cruz cypress population occurs
(Moore 2002, p. 6). French broom is significantly impacting the Bonny
Doon population and its habitat by inhibiting Santa Cruz cypress
seedling establishment through competition for open, recently disturbed
soils that have access to abundant sunlight. Additionally, European
annual grasses (present at all populations) are known to impact Santa
Cruz cypress by precluding the establishment of seedlings, but these
grasses do not impact Santa Cruz cypress as significantly as silver
wattle or French broom, which are currently impacting two populations
(i.e., Majors Creek and Bonny Doon) and likely to impact, at minimum,
two additional populations (i.e., Eagle Rock and Bracken Brae) due to
the cypress's proximity to residential areas where ground disturbance
activities promote nonnative plant invasions. We consider competition
with nonnative species to be a moderate-level threat to the Santa Cruz
cypress. See additional discussion in the ``Competition With Nonnative
Plant Species'' section of the Species Report (Service 2013, pp. 31-
33).
Climate Change
The term ``climate change'' refers to a change in the mean or
variability of one or more measures of climate (e.g., temperature or
precipitation) that persists for an extended period, usually decades or
longer, whether the change is due to natural variability, human
activity, or both (IPCC 2007, p. 78).
[[Page 54227]]
Various types of changes in climate can have direct or indirect effects
on species, including Santa Cruz cypress. Scientific measurements
spanning several decades demonstrate that changes in climate are
occurring, and the rate of change has increased since the 1950s (e.g.,
IPCC 2007, p. 30; Solomon et al. 2007, pp. 35-54, 82-85). Within
central-western California (i.e., California coastal counties from San
Francisco south to Santa Barbara, including the range of the Santa Cruz
cypress), predictions indicate warmer winter temperatures, earlier
warming in the spring, and increased summer temperatures (PRBO
Conservation Science 2011, p. 35), all of which will likely result in
shifts in vegetation types. This can, for example, result in increased
competition between species like Santa Cruz cypress and other native
and nonnative species (Loarie et al. 2008), or result in habitat
changes resulting from altered fire frequency and water availability
(Service 2013, p. 28-29). We consider climate change to be a moderate-
level threat to the Santa Cruz cypress. See additional discussion in
the ``Climate Change'' section of the Species Report (Service 2013, pp.
26-29).
Genetic Introgression
If individuals of different cypress species are planted in close
proximity, they can exchange pollen and may produce fertile hybrid
offspring, as has been documented in a number of plant species (Rhymer
and Simberloff 1996, pp. 98-99). By this means, genes from one species
can infiltrate into another, which is a process called genetic
introgression. Santa Cruz cypress may be affected by introgression from
residential plantings of Hesperocyparis macrocarpa (Monterey cypress)
near the Bonny Doon population (Haley 1993, pers. obs.), plantings of
Cupressus glabra (Arizona cypress) near the Eagle Rock population, and
potentially plantings near other populations due to their close
proximity to residential areas where plantings of other cypress species
could occur. Because considerable genetic variation exists among Santa
Cruz cypress populations (Miller and Westfall 1992, p. 350), it is
probable that, in the absence of geographical barriers, hybridization
may occur among the different populations of Santa Cruz cypress as well
as between Santa Cruz cypress and the neighboring species. We consider
genetic introgression to be a low-level threat to the Santa Cruz
cypress. See additional discussion in the ``Genetic Introgression''
section of the Species Report (Service 2013, pp. 30-31).
Vandalism and Unauthorized Recreational Activities
Vandalism and unauthorized recreational activities have been
documented to impact multiple Santa Cruz cypress populations and their
habitat. These activities result in construction of unauthorized trails
(such as those within the Majors Creek population at Wilder Creek State
Park) (CDPR 2000; Barry 2012, pers. obs.), which in turn result in
erosion (McGraw 2007, p. 22) and potentially prevention of seedling
establishment. Additionally, trails wear away substrate from the base
of mature cypress trees. Although vandalism and unauthorized
recreational activities are not considered to significantly impact the
populations at this time (considered a low-level threat), they remain a
concern due to the likelihood of increased inhabitants in the urban-
wildland interface where Santa Cruz cypress occurs. See additional
discussion in the ``Vandalism and Unauthorized Recreational
Activities'' section of the Species Report (Service 2013, p. 33).
Existing Regulatory Mechanisms
Reclassifying Santa Cruz cypress from endangered to threatened
would not significantly change the protections afforded to this species
under the Act. Santa Cruz cypress conservation has been addressed in
some local, State, and Federal plans, laws, regulations, and policies.
Now that most of the trees reside in fully protected areas on State or
County park lands, the inadequacy of existing regulatory mechanisms is
considered a low-level threat to Santa Cruz cypress. However, the main
concern currently and into the future is the lack of ongoing management
to prevent senescence and ensure population persistence. While we
recognize the benefits of management flexibility, we also recognize
that such flexibility with regard to implementation of land use plans
can result in land use decisions that negatively affect Santa Cruz
cypress or its habitat. See additional discussion in the ``Legal
Protection'' section of the Species Report (Service 2013, pp. 34-37).
Combination of Threats
The threat to the long-term persistence of Santa Cruz cypress is
compounded by multiple interacting factors, specifically: (1) The
alteration of fire regimes and lack of species management; and (2)
human activities, nonnative species, and fire. With the prevalence of
fire exclusion and suppression near residential communities within the
range of the species, the opportunity for Santa Cruz cypress to
regenerate in large pulses following fire is reduced. This fire
suppression coupled with the lack of species-specific management is
resulting in minimal regeneration for the species as a whole, which
could be exacerbated if this continues into the future. The ability of
land managers to adequately maintain cypress populations on public
lands is subject to constraints and physical barriers. Additionally,
human intrusion into previously undisturbed areas contributes to
colonization of nonnative plant species in the remote areas of Santa
Cruz cypress forests (see the ``Competition with Nonnative Plant
Species'' section of the Species Report (Service 2013, pp. 31-33)).
This activity exacerbates the likelihood for the creation of open
conditions (e.g., bike trails, road cuts, firebreaks), allowing
nonnative plants to proliferate and compete with the cypress for soil,
nutrients, and light. If a wildfire is then introduced into these new
(open) conditions, nonnative species that compete with Santa Cruz
cypress could then easily spread. The presence or increase in nonnative
species can inhibit cypress seedlings by blocking the sunlight they
need to grow (McGraw 2007, p. 23). See ``Compounding Threats'' section
of the Species Report (Service 2013, pp. 37-38).
Overall Summary of Factors Affecting Santa Cruz Cypress
Impacts to the long-term persistence of Santa Cruz cypress
populations from alteration of the fire regime (Factors A and E)
remains a significant concern currently and in the future (i.e., at
least approximately 100 years, based on the potential lifespan of
individual Santa Cruz cypress trees per Lyons (1988) estimate). Because
the germination and establishment of new seedlings depends on either
fire or a managed substitute (e.g., controlled burns or mechanical
disturbance), appropriate fire or disturbance regimes are needed to
manage the demographic profile of the five populations. Lack of fire or
other disturbance to promote germination and seedling establishment
poses a senescence risk to the stands and populations of Santa Cruz
cypress (Service 2013, p. 30). Without recruitment of new individuals,
trees in the current even-aged stands may become senescent (or no
longer reproductive) and no longer produce cones and seeds necessary
for long-term reproductive success and persistence of the populations
(which has been observed in Santa Cruz cypress
[[Page 54228]]
populations by McGraw (2007, pp. 20-21)). While most of the populations
have been protected through acquisition of lands for conservation, no
active management is currently occurring to manage the demographic
profile of the populations. Research on suitable management methods has
only begun recently at Bonny Doon Ecological Reserve (McGraw 2011);
future management of this population is expected to provide additional
understanding of conditions that would promote regeneration, thus
providing beneficial management recommendations that could be applied
to all populations.
Although the fire regime is identified as a significant impact to
Santa Cruz cypress at this time, the level of impact does not currently
place the species in danger of extinction because of the expected
continued presence of the populations into the future, the recruitment
(albeit minimal overall) that has been observed to date, and probable
additional recruitment that can be expected once effective management
(potentially canopy thinning combined with vegetation clearance) is
implemented (see ``Research Needs'' section of the Species Report
(Service 2013, p. 46)).
In addition to altered fire regime, other impacts to Santa Cruz
cypress and its habitat are currently occurring or potentially
occurring in the future, but to a lesser degree than the overall impact
from an altered fire regime. These include competition with nonnative,
invasive species (Factors A and E); climate change (Factor A); genetic
introgression (Factor E); and vandalism or unauthorized recreational
activities (Factors A and E). Nonnative plants are competing with Santa
Cruz cypress by invading open areas where cypress seedlings could
become established, thus competing for soil, nutrients, and light
(Service 2013, pp. 31-33). Climate change may cause vegetation shifts
and promote more and larger wildfires (Service 2013, pp. 26-29).
Genetic introgression of Santa Cruz cypress with at least two different
cypress species could result in hybridization and result in the loss of
Santa Cruz cypress's competitive advantage in its preferred habitat
(Service 2013, pp. 31-31). Vandalism and unauthorized recreational
activities may inhibit seedling establishment and increase erosion
(Service 2013 p. 33). Additionally, although substantial mechanisms are
currently in place to protect Santa Cruz cypress and its habitat, the
existing regulatory mechanisms are inadequate to fully protect the
species from these threats (Factor D). Based on our current analysis
and the current level of management being implemented, the remaining
impacts are expected to influence Santa Cruz cypress's habitat
suitability and its ability to reproduce and survive in the future.
In summary, impacts from development, agricultural conversion,
logging, and oil and gas development, which were considered imminent at
the time of listing, have been substantially reduced or ameliorated.
Other impacts identified at or since listing (i.e., alteration of fire
regime; competition with nonnative, invasive species; climate change;
genetic introgression; and vandalism (including unauthorized
recreational activities)) continue to impact Santa Cruz cypress or are
expected to impact the species in the future. Although individually
these impacts (with the exception of altered fire regime) are of low or
moderate concern to the species, their cumulative impact can promote
and accelerate unnatural conditions (Service 2013, pp. 37-38). For
example, human intrusion into previously undisturbed areas contributes
to colonization of nonnative plant species in the remote areas of Santa
Cruz cypress forests, which in turn may result in increased wildfires
and potentially increased community concern for wildfire suppression
activities. These types of interactions could become a greater concern
to Santa Cruz cypress in the future if restricted management leads to
increased human activity in cypress forests.
The high-level impact to Santa Cruz cypress and its habitat that is
of greatest concern at this time is an altered fire regime. The long-
term persistence of Santa Cruz cypress posed by this high-level impact
is exacerbated by the lack of species management, resulting in
continued affects to the age structure and demographic profile of the
species. Although operating on the species currently, the impacts from
an altered fire regime, either alone or in combination with the other
impacts identified above, do not place the species at immediate risk of
extinction. Reproduction and recruitment is evident (although not at a
level sufficient for long-term persistence) based on recent data in at
least four populations (i.e., the portion of the Bonny Doon population
that burned in the 2008 Martin Fire, and at the Eagle Rock, Butano
Ridge, and Majors Creek populations) (Service 2013, p. 46);
insufficient recruitment is also likely the case at the Bracken Brae
population and the portion of the Bonny Doon population that did not
burn in the 2008 Martin fire, although these data are unavailable.
However, if fire or other disturbance in the future does not occur to
promote germination and seedling establishment (whether through a
natural fire event or active management), population effects that may
result from senescence are likely to place the species in danger of
extinction.
Distinguishing Threats for Both Cypress Varieties
As described above in the Background section, recent taxonomic
evaluations of Hesperocyparis abramsiana identified two varieties: H.
a. var. butanoensis (Butano Ridge population) and H. a. var. abramsiana
(Eagle Rock, Bracken Brae, Bonny Doon, and Majors Creek populations)
(Adams and Bartel 2009). Therefore, the threats analysis provided in
the Species Report (Service 2013, entire) and summarized in this
document includes a separate evaluation for each of the five
populations, in part to distinguish the level of impact the current
threats have on the two separate varieties. The information summarized
below is evaluated and described in detail in the ``Discussion of
Threats to the Two Separate Varieties'' section of the Species Report
(Service 2013, pp. 38-40).
The Butano Ridge population (Hesperocyparis abramsiana var.
butanoensis) is primarily threatened by changes in the historical fire
regime (Factors A and E). The population is located away from developed
areas, but because it is near a lumber operation, there likely are fire
exclusion and suppression activities in the vicinity that alter the
fire regime. Other impacts identified at the time of listing are no
longer impacting this population or are no longer considered
significant (e.g., logging, oil and gas drilling), in large part due to
this population now being fully protected and managed within the
boundaries of Pescadero Creek County Park. Although this variety is not
considered a separate species, its status as a separate variety
indicates its divergence from other populations of the species. Further
divergence, and potentially the process of speciation, may continue
through sustained reproductive isolation from other Santa Cruz cypress
populations. Additionally, this is the only location for this variety,
and it is composed of a single stand, thus making it vulnerable to an
impact such as disease if exposed. However, at this time it is highly
unlikely that potential impacts such as development, disease,
predation, and others (as described in the Species Report (Service
2013, pp. 23-40)) would occur at the
[[Page 54229]]
Butano Ridge population. An altered fire regime is the main concern
present at this population, with potential concerns currently or in the
future related to competition with nonnative species (Factors A and E)
and climate change (Factor A).
Similar to the Butano Ridge population described above, the primary
impact to the Eagle Rock, Bracken Brae, Bonny Doon, and Majors Creek
populations (Hesperocyparis abramsiana var. abramsiana) is the
alteration of the fire regime (Factors A and E), which was identified
at the time of listing. This impact remains present at all populations
of the Santa Cruz cypress, although management actions at the Bonny
Doon Ecological Reserve have included some mechanical vegetation
removal in an attempt to reduce this impact (Service 2013, pp. 39-40).
Impacts from competition with nonnative species (Factors A and E) and
climate change (Factor A) also threaten the long-term persistence of
both varieties of Santa Cruz cypress (in addition to vandalism and
unauthorized recreational activities (Factors A and E), and genetic
introgression (Factor E) potentially impacting the H. a. var.
abramsiana populations), and there are no management actions proposed
to address these concerns. The existing regulatory mechanisms are
inadequate to fully protect the species from these impacts (Factor D).
Please see the ``Current Threats'' and ``Discussion of Threats to the
Two Separate Varieties'' sections of the Species Report for additional
discussion related to current or potential threats to these Santa Cruz
cypress populations (Service 2013, pp. 23-40).
Finding
An assessment of the need for a species' protection under the Act
is based on whether a species is in danger of extinction or likely to
become so because of any of five factors: (A) The present or threatened
destruction, modification, or curtailment of its habitat or range; (B)
overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; or (E) other natural or manmade factors
affecting its continued existence. As required by section 4(a)(1) of
the Act, we conducted a review of the status of this plant and assessed
the five factors to evaluate whether Santa Cruz cypress is endangered
or threatened throughout all of its range. We examined the best
scientific and commercial information available regarding the past,
present, and future threats faced by the species. We reviewed
information presented in the 2011 petition, information available in
our files and gathered through our 90-day finding in response to this
petition, and other available published and unpublished information. We
also consulted with species experts and land management staff with
CDFW, CDPR, the County of San Mateo, and the County of Santa Cruz, who
are actively managing for the conservation of Santa Cruz cypress. For
the purposes of this discussion, we define foreseeable future as at
least approximately 100 years based on the potential lifespan of
individual Santa Cruz cypress trees per Lyons' (1988) estimate (see the
``Life History'' discussion in the Species Report (Service 2013, pp. 8-
9) for additional discussion).
In considering what factors might constitute threats, we must look
beyond the mere exposure of the species to the factor to determine
whether the exposure causes actual impacts to the species. If there is
exposure to a factor, but no response, or only a positive response,
that factor is not a threat. If there is exposure and the species
responds negatively, the factor may be a threat and we then attempt to
determine how significant the threat is. If the threat is significant,
it may drive, or contribute to, the risk of extinction of the species
such that the species warrants listing as endangered or threatened as
those terms are defined by the Act. This does not necessarily require
empirical proof of a threat. The combination of exposure and some
corroborating evidence of how the species is likely impacted could
suffice. The mere identification of factors that could impact a species
negatively is not sufficient to compel a finding that listing is
appropriate; we require evidence that these factors are operative
threats that act on the species to the point that the species meets the
definition of endangered or threatened under the Act.
As a result of recent information, we know that there are a
significantly larger number of Santa Cruz cypress individuals than were
known at the time of listing (Service 2013, p. 45) and that there is
significant conservation of lands that support the populations.
Significant impacts at the time of listing that could have resulted in
the extirpation of all or parts of populations have been eliminated or
reduced since listing. We conclude that the previously recognized
impacts to Santa Cruz cypress from present or threatened destruction,
modification, or curtailment of its habitat or range (specifically,
residential development, agricultural conversion, logging, and oil and
gas drilling) (Factor A); overutilization for commercial, recreational,
scientific, or educations purposes (Factor B); disease or predation
(Factor C); and other natural or human made factors affecting its
continued existence (specifically, reproductive isolation) (Factor E)
do not rise to a level of significance, either individually or in
combination, such that the species is in danger of extinction now or in
the foreseeable future.
However, alteration of the fire regime (Factors A and E) has the
potential to disrupt the long-term persistence of the species across
its entire range (resulting in the species potentially facing a
senescence risk in the future) if fire continues to be excluded or
suppressed near these populations. Current recruitment in at least four
populations (the portion of Bonny Doon population that burned in the
2008 Martin Fire, and the Eagle Rock, Butano Ridge, and Majors Creek
populations) is evident; however, the current level of recruitment is
not sufficient to maintain the populations in the absence of fire
(Service 2013, p. 26). This is likely also the case with the Bracken
Brae population and the portion of the Bonny Doon population that did
not burn.
Santa Cruz cypress will continue to be impacted by competition with
nonnative, invasive species (Factors A and E); genetic introgression
(Factor E); vandalism and unauthorized recreational activities (Factors
A and E); and potentially climate change (Factor A). Additionally, the
existing regulatory mechanisms are inadequate to fully protect the
species from these threats (Factor D). However, the severity and
magnitude of threats, both individually and in combination, and the
likelihood that any one event would affect all populations is
significantly reduced as a result of the removal of multiple threats,
the reduced impact of most remaining threats, and the extensive amount
of conservation occurring throughout the range of the species
(including, but not limited to, extensive preservation of occupied
lands in perpetuity and development of management plans to enhance
habitat).
In conclusion, we have carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species. After review of the information
pertaining to the five statutory factors, we find that the ongoing
threats are not of sufficient imminence, intensity, or magnitude to
indicate that Santa Cruz cypress is presently in danger of extinction
throughout all its range. Although
[[Page 54230]]
threats to Santa Cruz cypress still exist and will continue into the
foreseeable future, CDFW, CDPR, the County of San Mateo, and the County
of Santa Cruz are implementing conservation measures or regulatory
actions to reduce the level of impact on Santa Cruz cypress. We
therefore find that Santa Cruz cypress now meets the definition of a
threatened species (i.e., is likely to become in danger of extinction
in the foreseeable future throughout all of its range).
Significant Portion of the Range
Having examined the status of Santa Cruz cypress throughout all its
range, we next examine whether the species is in danger of extinction
in a significant portion of its range. The range of a species can
theoretically be divided into portions in an infinite number of ways.
However, there is no purpose in analyzing portions of the range that
have no reasonable potential to be significant or in analyzing portions
of the range in which there is no reasonable potential for the species
to be endangered or threatened. To identify only those portions that
warrant further consideration, we determine whether there is
substantial information indicating that: (1) The portions may be
``significant'' and (2) the species may be in danger of extinction
there or likely to become so within the foreseeable future. Depending
on the biology of the species, its range, and the threats it faces, it
might be more efficient for us to address the significance question
first or the status question first. Thus, if we determine that a
portion of the range is not ``significant,'' we do not need to
determine whether the species is endangered or threatened there; if we
determine that the species is not endangered or threatened in a portion
of its range, we do not need to determine if that portion is
``significant.'' In practice, a key part of the determination that a
species is in danger of extinction in a significant portion of its
range is whether the threats are geographically concentrated in some
way. If the threats to the species are essentially uniform throughout
its range, no portion is likely to warrant further consideration.
Moreover, if any concentration of threats to the species occurs only in
portions of the species' range that clearly would not meet the
biologically based definition of ``significant,'' such portions will
not warrant further consideration.
We consider the ``range'' of Santa Cruz cypress to include five
populations (Butano Ridge, Bracken Brae, Eagle Rock, Bonny Doon, and
Majors Creek) that span a distance of 15 miles (24 kilometers) from
north to south within the Santa Cruz Mountains in San Mateo and Santa
Cruz Counties, California. These five populations are all believed to
be relictual islands containing representatives of what was once a
widespread flora during glacial periods (Libby 1979, p. 15); historical
distribution of Santa Cruz cypress beyond the five currently recognized
populations is unknown. In other words, the current distribution is the
only known distribution, which has remained the same throughout
recorded history.
We considered whether the threats facing Santa Cruz cypress might
be different at any of the populations and specifically between the
Butano Ridge population (Hesperocyparis abramsiana var. butanoensis)
and the other four populations (H. a. var. abramsiana). The Butano
Ridge population is similar to the other four populations in that it is
primarily threatened by changes in the historical fire regime, as was
identified as a concern for all five populations at the time of
listing. Additionally, threats from competition with nonnative species
and climate change exist for all populations. Current threats known
only to impact the populations comprised of H. a. var. abramsiana
include genetic introgression, vandalism, and unauthorized recreational
use. Our evaluation of the best available information indicates that
the overall level of threats is not significantly different at any of
these populations (Service 2013, pp. 24-41), with the primary current
threat to all populations being alteration of fire regime.
Additionally, there are no threats specific to the Butano Ridge
population; the threats that are impacting or have the potential to
impact the Butano Ridge population are widespread across the species'
range (Service 2013, pp. 39-40). It is our conclusion, based on our
evaluation of the current potential threats to Santa Cruz cypress at
each of the populations in San Mateo and Santa Cruz Counties (see
Summary of Factors Affecting the Species section of this proposed rule
and the ``Discussion of Threats to the Species'' section of the Species
Report (Service 2013, pp. 22-40)), that threats are neither
sufficiently concentrated nor of sufficient magnitude to indicate that
the species is in danger of extinction at any of the areas that support
populations.
Therefore, while no populations of Santa Cruz cypress are at
imminent risk of extirpation, ongoing threats continue to affect the
likelihood of long-term persistence of the populations and the species
such that the Santa Cruz cypress meets the definition of a threatened
species under the Act. Therefore, we find that the petitioned action is
warranted, and we propose to reclassify Santa Cruz cypress from
endangered to threatened status.
Effects of This Rule
If this proposed rule is made final, it would revise 50 CFR
17.12(h) to reclassify Santa Cruz cypress from endangered to threatened
on the List of Endangered and Threatened Plants. However, this
reclassification does not significantly change the protections afforded
this species under the Act. Pursuant to section 7 of the Act, all
Federal agencies must ensure that any actions they authorize, fund, or
carry out are not likely to jeopardize the continued existence of Santa
Cruz cypress. Whenever a species is listed as threatened, the Act
allows promulgation of special rules under section 4(d) that modify the
standard protections for threatened species found under section 9 of
the Act and Service regulations at 50 CFR 17.31 (for wildlife) and
17.71 (for plants), when it is deemed necessary and advisable to
provide for the conservation of the species. There are no 4(d) rules in
place or proposed for Santa Cruz cypress, because there is currently no
conservation need to do so for this species.
Recovery actions directed at Santa Cruz cypress will continue to be
implemented as outlined in the Recovery Plan for this species (Service
1998, entire).
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 the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the names of the sections or
paragraphs that are unclearly written, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
[[Page 54231]]
National Environmental Policy Act
We determined 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 for 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-2013-0092 or upon request from the Field Supervisor,
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT
section).
Author
The primary author of this proposed rule is the Pacific Southwest
Regional Office in Sacramento, California, in coordination with the
Ventura Fish and Wildlife Office in Ventura, California (see FOR
FURTHER INFORMATION CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we 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; 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.12(h) as follows:
0
a. By removing the entry for ``Cupressus abramsiana'' under CONIFERS,
and
0
b. By adding an entry for ``Hesperocyparis abramsiana'' under CONIFERS
to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Conifers .................... ................... ................... .............. ........... ........... ...........
* * * * * * *
Hesperocyparis abramsiana........ Santa Cruz cypress.. U.S.A. (CA)........ Cupressaceae....... T 252 NA NA
* * * * * * *
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Dated: August 13, 2013.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2013-21313 Filed 8-30-13; 8:45 am]
BILLING CODE 4310-55-P