83 FR 11453 - Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List Chorizanthe parryi var. fernandina (San Fernando Valley Spineflower)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 51 (March 15, 2018)

We, the U.S. Fish and Wildlife Service (Service), withdraw our September 15, 2016, proposed rule to list Chorizanthe parryi var. fernandina (San Fernando Valley spineflower), a plant from southern California, as a threatened species under the Endangered Species Act of 1973, as amended (Act). This withdrawal is based on our conclusion that the threats to this plant, as identified in the proposed rule, are no longer as significant as we believed them to be when we issued the proposed rule. We base this conclusion on our analysis of current and future threats and conservation efforts. We find the best scientific and commercial data available indicate that the threats to C. parryi var. fernandina and its habitat have been reduced below the level where this plant would meet the statutory definition of threatened or endangered. Therefore, we are withdrawing our proposal to list C. parryi var. fernandina as a threatened species.

[Federal Register Volume 83, Number 51 (Thursday, March 15, 2018)]
[Proposed Rules]
[Pages 11453-11474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05081]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2016-0078; 4500030113]
RIN 1018-BB64


Endangered and Threatened Wildlife and Plants; Withdrawal of the 
Proposed Rule To List Chorizanthe parryi var. fernandina (San Fernando 
Valley Spineflower)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), withdraw our 
September 15, 2016, proposed rule to list Chorizanthe parryi var. 
fernandina (San Fernando Valley spineflower), a plant from southern 
California, as a threatened species under the Endangered Species Act of 
1973, as amended (Act). This withdrawal is based on our conclusion that 
the threats to this plant, as identified in the proposed rule, are no 
longer as significant as we believed them to be when we issued the 
proposed rule. We base this conclusion on our analysis of current and 
future threats and conservation efforts. We find the best scientific 
and commercial data available indicate that the threats to C. parryi 
var. fernandina and its habitat have been reduced below the level where 
this plant would meet the statutory definition of threatened or 
endangered. Therefore, we are withdrawing our proposal to list C. 
parryi var. fernandina as a threatened species.

DATES: The proposed rule that published on September 15, 2016 (81 FR 
63454), to list Chorizanthe parryi var. fernandina as a threatened 
species under the Act, is withdrawn on March 15, 2018.

ADDRESSES: This document, comments on our proposed rule, and 
supplementary documents are available on the internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2016-0078. Comments and 
materials received, as well as supporting documentation used in the 
preparation of this withdrawal, are also available for public 
inspection, by appointment, during normal business hours at: U.S. Fish 
and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola 
Road, Suite B, Ventura, CA 93001; telephone 805-644-1766.

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. 
Persons who use a telecommunications device for the deaf (TDD) may call 
the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish this document. Under the Endangered Species 
Act, a species may warrant protection through listing if it is 
endangered or threatened throughout all or a significant portion of its 
range. Listing a species as an endangered or threatened species can 
only be completed by issuing a rule. We issued a proposed rule to list 
Chorizanthe parryi var. fernandina in 2016. This document withdraws 
that proposed rule because, based on our evaluation of the best 
scientific and commercial information available at this time, we have 
determined that threats have been reduced such that listing is no 
longer necessary for this plant.
    The basis for our action. Under the Endangered Species Act, we can 
determine that a species is an endangered or threatened species based 
on 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. We have determined that threats have 
been reduced such that listing is no longer necessary for this plant.
    Peer review and public comment. We sought comments from independent 
specialists to ensure that our analysis was based on scientifically 
sound data, assumptions, and analyses. We invited these peer reviewers 
to comment on the information we relied upon in making our listing 
proposal, including the Species Report for the San Fernando Valley 
Spineflower (Chorizanthe parryi var. fernandina) (Service 2016). We 
also considered all comments and information we received during the 
comment periods.

Previous Federal Actions

    On September 15, 2016, we published a proposed rule (81 FR 63454) 
to list Chorizanthe parryi var. fernandina as a threatened species 
under the Act (16 U.S.C. 1531 et seq.). Please refer to this proposed 
rule for information on Federal actions prior to September 15, 2016.
    Under section 4(b)(6) of the Act, the Service is required to make a 
final listing determination within 1 year from the publication of the 
proposed rule, by publishing either a final listing rule or a 
withdrawal of the proposed rule, or extending the final determination 
by not more than 6 months under certain circumstances specified in the 
Act. On July 19, 2017, the Service published a 6-month extension of the 
final determination on the proposed threatened status for C. parryi 
var. fernandina and reopened the comment period on the proposal for an 
additional 30 days (82 FR 33035).
    After publication of the proposed rule in the Federal Register, the 
Service and the Newhall Land and Farming Company (Newhall Land) 
developed a candidate conservation agreement (2017 CCA) for C. parryi 
var. fernandina to implement conservation measures to improve the 
status of the plant. On November 13, 2017 (82 FR 52262), the Service 
reopened the comment period on the proposed rule to list C. parryi var. 
fernandina as a threatened species for an additional 30 days so that 
interested parties and the public could review and comment on the 
additional conservation measures provided by the 2017 CCA.
    During all three comment periods on the September 15, 2016, 
proposed rule, the Service requested additional information on the 
status of C. parryi var. fernandina or its habitat so that we could 
analyze this additional information as part of the final listing 
process. As part of our analysis, we also evaluated the certainty of 
effectiveness and certainty of implementation of the additional 
conservation measures that the 2017 CCA signatories have committed to 
implement.

[[Page 11454]]

Background

    A thorough review of information that we relied on in making this 
determination--including information on taxonomy, life history, 
ecology, population distribution and abundance, land ownership, and 
potential threats--is presented in the Species Report for the San 
Fernando Valley Spineflower (Chorizanthe parryi var. fernandina) 
(Species Report; Service 2016), available on the internet at http://regulations.gov under Docket No. FWS-R8-ES-2016-0078. A summary of this 
analysis is included in the September 15, 2016, proposed rule (81 FR 
63454) and appears below. We used data specific to C. parryi var. 
fernandina when available.
[GRAPHIC] [TIFF OMITTED] TP15MR18.000

Current Abundance and Distribution

    Chorizanthe parryi var. fernandina currently occupies up to a total 
of 35-40 acres (ac) (14-16 hectares (ha)) from two populations in 
Southern California that are 17 miles (mi) (27 kilometers (km)) apart 
(see Figure 1, above). The Laskey Mesa population is in Ventura County, 
California, within the Upper Las Virgenes Canyon Open Space Preserve on 
land owned by the Santa Monica Mountains Conservancy (SMMC) and the 
Mountains Recreation Conservation Authority (MRCA) (SMMC 2015). The 
Santa Clarita population is in Los Angeles County on land owned by 
Newhall Land (Dudek 2010, pp. 16-17). The Laskey Mesa population 
currently occupies approximately 15-20 ac (6.1-8.1 ha) (GLA 2000, p. 6; 
Sapphos 2001, p. 5-2; Sapphos 2003a, p. 3; Cooper 2015, pp. 8-10); the 
Santa Clarita population currently has a cumulative occupied area of 
approximately 20 ac (8.2 ha) (Dudek 2010, p. 63).
    Comparing annual numbers of C. parryi var. fernandina individuals 
over time is complicated because: (1) Different methodologies and 
levels of effort have been used to estimate population numbers across 
both extant populations during survey efforts since 1999; and (2) as is 
typical of many annual plants, C. parryi var. fernandina shows inter-
annual variation in abundance by several orders of magnitude, ranging 
from hundreds to millions of individuals. Therefore, occupied area or 
distribution of the populations is an appropriate surrogate measure for 
plant population size. The Santa Clarita population has roughly the 
same occupied acreage as Laskey Mesa but is more widely distributed 
across the landscape, scattered over a range of 4 mi (6.4 km) from east 
to west, and 4 mi (6.4 km) north to south.

Summary of Basis for Withdrawal

    Based upon our review of the public comments, comments from other 
Federal and State and County agencies, partner and peer review comments 
(see Summary of Comments and

[[Page 11455]]

Recommendations, below) and any new relevant information that may have 
become available since the September 15, 2016, publication of the 
proposed rule, we reevaluated our proposal. That reevaluation is 
reflected in this document as follows:
    (1) Based on our analyses, the Service has determined that 
Chorizanthe parryi var. fernandina should not be listed as a threatened 
species. This document withdraws the proposed rule published on 
September 15, 2016 (81 FR 63454).
    (2) This document summarizes and evaluates the 2017 CCA and 
provides an analysis using the Service's Policy for Evaluation of 
Conservation Efforts When Making Listing Decisions (PECE) (68 FR 15100; 
March 28, 2003). See Ongoing and Future Conservation Efforts, below.
    (3) This document summarizes and evaluates the effects of the 
December 5, 2017, Rye Fire to Chorizanthe parryi var. fernandina at 
Newhall Ranch (Santa Clarita population). See Summary of Biological 
Status and Factors Affecting the Species, below.

Ongoing and Future Conservation Efforts

    Below, we summarize conservation efforts that provide benefits to 
C. parryi var. fernandina that are already occurring or are expected to 
occur in the future. We have also completed an analysis of the newly 
initiated efforts in the 2017 CCA pursuant to PECE. The full PECE 
analysis can be found at http://www.regulations.gov at Docket No. FWS-
R8-ES-2016-0078.

Planned Conservation Measures

    For the Santa Clarita population, the California Department of Fish 
and Wildlife (CDFW) approved the 2010 Newhall Ranch Spineflower 
Conservation Plan (SCP) and issued an incidental take permit (permit 
no. 2081-2008-012-05, the ITP) under the California Endangered Species 
Act, California Fish and Game Code section 2050-2085 (CESA) in 2010, 
for the SCP and proposed Newhall Land development within the SCP area 
that would result in the partial removal of C. parryi var. fernandina. 
The SCP serves as the mitigation and conservation plan for the purposes 
of the State ITP (CDFG 2010, p. 2). Through the SCP, the CDFW has 
required Newhall Land to provide for the perpetual conservation and 
management of seven spineflower preserves within the Santa Clarita 
population, totaling 228 ac (92 ha), located within the SCP enrolled 
lands on Newhall Land property. The SCP spineflower preserves contain 
approximately three-quarters of the cumulative occupied spineflower 
habitat on Newhall Land property, totaling approximately 15 ac (6 ha). 
Newhall Land has granted conservation easements to the CDFW over all of 
the SCP spineflower preserves. The SCP conservation measures include 
habitat enhancement and creation for spineflower, and experimental 
introduction of spineflower in areas outside of existing occupied 
habitat. The SCP also includes management actions within the preserves 
to reduce indirect effects of the proposed development (including those 
from nonnative, invasive grasses and Argentine ants). Newhall Land is 
implementing an adaptive management program for impacts under the SCP 
(Dudek 2010a, p. 141) and the Argentine Ant Control Plan (Dudek 2014c, 
p. 22). Permanent conservation easements for the preserves have been 
established. Newhall Land has already provided endowments to fund 
management and monitoring of the SCP spineflower preserves, and will 
provide more funding in SCP endowments as required by the ITP. The SCP 
is available at http://www.regulations.gov under Docket No. FWS-R8-ES-
2016-0078.
    Newhall Land has also deposited funds with the National Fish and 
Wildlife Foundation for management of C. parryi var. fernandina at the 
Laskey Mesa population. The August 2014 PAR and September 2014 
memorandum prepared by Dudek identify the management activities for C. 
parryi var. fernandina at Laskey Mesa as part of the SCP (Newhall Land 
and Dudek 2014, entire). The funding is to be used for on-the-ground 
management activities that include research studies, fencing, weeding, 
surveys, annual reporting, and other activities. When this funding 
becomes accessible, we anticipate that the MRCA will implement the 
identified management activities.
    The rest of the SCP, including construction monitoring, habitat 
restoration, fencing and signing, and water control at the Santa 
Clarita population, has not yet been implemented. The implementation 
will occur in phases associated with the Newall Ranch development 
project.
    Even with the conservation measures in the SCP, the proposed rule 
identified several threats that were still negatively acting on C. 
parryi var. fernandina and its habitat. Threats identified in the 
proposed rule included: (1) Historical and future loss of habitat and 
individuals from development (Santa Clarita); (2) having small, 
isolated populations (Santa Clarita and Laskey Mesa); (3) presence of 
invasive, nonnative plants (Santa Clarita and Laskey Mesa); (4) 
proliferation of Argentine ants (Linepithema humile) (Santa Clarita); 
(5) the potential effects of climate change (Santa Clarita and Laskey 
Mesa); and (6) synergistic effects of the individual factors listed 
above (Santa Clarita and Laskey Mesa) (81 FR 63454; September 15, 
2016).
    The 2017 CCA outlines several new conservation actions that will be 
enacted to address the current and future threats that we identified in 
our September 15, 2016, proposed rule (81 FR 63454). Additional 
conservation measures of the 2017 CCA are discussed below. We have also 
formally evaluated all 2017 CCA conservation measures pursuant to PECE, 
thereby taking all formalized conservation measures into consideration 
before making our final determination of the status of the plant. The 
Service's detailed PECE analysis, as well as the 2017 CCA and exhibits, 
are available for review at http://www.regulations.gov at Docket No. 
FWS-R8-ES-2016-0078.
    The 2017 CCA provides for Newhall Land to voluntarily implement 
additional conservation measures described in the introduction plan 
with the goal of enhancing the status of C. parryi var. fernandina. The 
introduction plan provides for Newhall Land to voluntarily establish 
new, protected C. parryi var. fernandina occurrences within the plant's 
historical range that are expected to increase the resiliency of the 
existing populations and expand the redundancy and representation of 
the spineflower. Newhall Land will voluntarily conserve an additional 
1,498 ac (606 ha) of its property for the benefit of C. parryi var. 
fernandina and carry out additional conservation activities for the 
plant within portions of those 1,498 ac (606 ha) and within an 
approximately 7-ac (2.8-ha) portion of the existing CDFW Petersen Ranch 
Mitigation Bank (see Figure 2, below) collectively called the 
additional conservation areas associated with the CCA. C. parryi var. 
fernandina introduction will occur on a total of at least 10 ac (4 ha) 
within the additional conservation areas.
    The additional conservation areas in the introduction plan are 
intended to further increase the distribution of C. parryi var. 
fernandina within its historic range and include approximately 1,505 ac 
(609 ha), as follows: (1) Three additional conservation areas totaling 
approximately 825 ac (334 ha) are contiguous with or adjacent to the 
existing San Martinez Grande and Potrero preserves established under 
the SCP (all of which would be considered part of the Santa Clarita 
population, Areas 1-3 in Figure 2, below); (2) an additional 
conservation area of 357 ac

[[Page 11456]]

(144 ha) is located in the Simi Valley watershed on the southern 
boundary of Newhall Land property in Ventura County (Area 5 in Figure 
2); (3) an additional conservation area of approximately 316 ac (128 
ha) is located on Newhall Land property in the Castaic Mesa area in 
northern Los Angeles County, near a known extirpated population 
location (Area 4 in Figure 2); and (4) an additional conservation area 
is located in a 7-ac (2.8-ha) portion of the Petersen Ranch Mitigation 
Bank adjacent to Elizabeth Lake, also near a known extirpated 
population location (Area 6 in Figure 2). C. parryi var. fernandina 
introduction will occur on a total of at least 10 ac (4 ha) within the 
additional conservation areas.
[GRAPHIC] [TIFF OMITTED] TP15MR18.001

    In carrying out the additional conservation measures described in 
the introduction plan, Newhall Land will introduce C. parryi var. 
fernandina within portions of the additional conservation areas with 
the goal of establishing at least two new self-sustaining, persistent 
C. parryi var. fernandina occurrences, at least one of which will be in 
a different ecoregion from the existing populations. Newhall Land will 
put each of the additional conservation areas into permanent 
conservation to ensure that habitat values of the spineflower are 
maintained. Newhall Land has funded an endowment for all initial 
habitat enhancement and C. parryi var. fernandina introduction 
activities within the additional conservation areas, and will fund one 
or more endowments to provide perpetual management and monitoring 
within the additional conservation areas, based on a PAR.
    Newhall Land began implementation of the introduction plan in 2016, 
by commencing site investigations to identify the additional 
conservation areas and suitable C. parryi var. fernandina introduction 
sites within the additional conservation areas, and by commencing 
seeding trials within the San Martinez Grande Preserve Expansion--Los 
Angeles County and Potrero Preserve Expansion Additional Conservation 
Areas. Newhall Land will continue to conduct seeding trials within each 
of the additional conservation areas in accordance with the 
introduction plan.
    The first step for each introduction site is the establishment of 
seeding trials. A series of initial seeding trials will be implemented 
at the proposed introduction areas prior to widespread introductions. 
The seeding trials are expected to take a minimum of 2 years to 
implement and obtain meaningful results. The seeding trials will be 
followed by more widespread introductions. The locations for widespread 
introductions will be based on where seeding trials demonstrate a

[[Page 11457]]

reasonable probability of success and will occur on a minimum of 10 ac 
(4 ha) within the additional conservation areas. Following the initial 
10-year implementation period for an additional conservation area under 
the introduction plan, and a determination made in consultation with 
the Spineflower Adaptive Management Working Group that newly occupied 
C. parryi var. fernandina habitat within the additional conservation 
area contains one or more self-sustaining occurrences, Newhall Land or 
its designee will conduct long-term management (including adaptive 
management), monitoring, and annual reporting of the newly occupied 
habitat within the additional conservation areas in perpetuity.
    Enhancement activities in areas surrounding introduction sites will 
be implemented prior to or concurrently with C. parryi var. fernandina 
introduction. Anticipated enhancement activities include passive and 
active revegetation of native vegetation communities, including weed 
control to ameliorate the threat of invasive, nonnative grasses. 
Enhancement activities will occur with an adaptive management approach 
that will continue beyond the 10-year maintenance and monitoring period 
and into the long-term management period. Targeted areas for habitat 
enhancement correspond to the sites identified for introduction and an 
approximately 50-ft (15-meter (m)) area surrounding introduction sites.
    All C. parryi var. fernandina introduction sites will be closed to 
public access. Existing dirt access roads and utility easement access 
roads within the additional conservation areas will function as the 
intended access points to the introduction sites for the project 
biologist, landscape contractor, utility personnel, and emergency 
services vehicles (e.g., police, fire, and medical). Signs identifying 
restricted land and discouraging unauthorized access/entry into the 
introduction sites will be posted on all gates providing access to 
introduction sites, adjacent to any roads that border introduction 
sites, and along any introduction site fencing. The signs will indicate 
that enhancement activities are in progress and that the areas are to 
be protected.
    The introduction plan describes in detail the biological monitoring 
of the introduction sites that will be conducted to determine the 
status of introduced C. parryi var. fernandina through monitoring and 
collection of qualitative and quantitative data. Monitoring will occur 
in the winter and spring of each year while the plants are actively 
growing and in bloom/seed. Additional monitoring at the sites will 
occur periodically throughout the year to determine the need for 
maintenance measures related to protecting the introduction sites from 
weed invasion or other disturbances. Reference sites will be 
established within both the Santa Clarita population and Laskey Mesa 
population to ensure that the reference sites encompass the range of 
conditions currently supporting C. parryi var. fernandina. A sufficient 
number of sampling plots will be established to capture site 
variability so that, collectively, the reference sites are 
representative of the range of conditions of occupied habitat. Annual 
monitoring of the introduction sites will include at least three 
quantitative biological assessments each year, to be timed with the 
peak of the growing season before plants have begun to desiccate, 
during the flowering period of C. parryi var. fernandina, and during 
seed set (approximately February, May, and June). The quantitative 
monitoring methods are established for the purpose of collecting 
adequate data to be able to analyze the relative success or failure of 
the introduction program in terms of achieving the project goals. 
Quantitative monitoring will begin in the first year after establishing 
seeding trials and will include monitoring of density, seed production, 
seed viability, population size, recruitment, and aerial extent. The 
monitoring period will commence upon initiation of seeding trials and 
continue for a period of 10 years.

Summary of PECE Analysis

    The purpose of PECE is to ensure consistent and adequate evaluation 
of recently formalized conservation efforts when making listing 
decisions. The policy provides guidance on how to evaluate conservation 
efforts that have not yet been implemented or have not yet demonstrated 
effectiveness. The evaluation focuses on the certainty that the 
conservation efforts will be implemented and effective. The policy 
presents nine criteria for evaluating the certainty of implementation 
and six criteria for evaluating the certainty of effectiveness for 
conservation efforts. These criteria are not considered comprehensive 
evaluation criteria. The certainty of implementation and the 
effectiveness of a formalized conservation effort may also depend on 
species-specific, habitat-specific, location-specific, and effort-
specific factors. We consider all appropriate factors in evaluating 
formalized conservation efforts. The specific circumstances will also 
determine the amount of information necessary to satisfy these 
criteria.
    To consider that a formalized conservation effort contributes to 
forming a basis for not listing a species, or listing a species as 
threatened rather than endangered, we must find that the conservation 
effort is sufficiently certain to be (1) implemented, and (2) 
effective, so as to have contributed to the elimination or adequate 
reduction of one or more threats to the species identified through the 
section 4(a)(1) analysis. The elimination or adequate reduction of 
section 4(a)(1) threats may lead to a determination that the species 
does not meet the definition of endangered or threatened, or is 
threatened rather than endangered.
    An agreement or plan may contain numerous conservation efforts, not 
all of which are sufficiently certain to be implemented and effective. 
Those conservation efforts that are not sufficiently certain to be 
implemented and effective cannot contribute to a determination that 
listing is unnecessary, or a determination to list as threatened rather 
than endangered. Regardless of the adoption of a conservation agreement 
or plan, however, if the best available scientific and commercial data 
indicate that the species meets the definition of ``endangered 
species'' or ``threatened species'' on the day of the listing decision, 
then we must proceed with appropriate rulemaking activity under section 
4 of the Act. Further, it is important to note that a conservation plan 
is not required to have absolute certainty of implementation and 
effectiveness in order to contribute to a listing determination. 
Rather, we need to be certain that the conservation efforts will be 
implemented and effective such that the threats to the species are 
reduced or eliminated.
    Using the criteria in PECE (68 FR 15100, March 28, 2003), we 
evaluated the certainty of implementation (for those measures not 
already implemented) and effectiveness of conservation measures 
pertaining to Chorizanthe parryi var. fernandina. The Service's 
detailed PECE analysis is available at http://www.regulations.gov at 
Docket No. FWS-R8-ES-2016-0078. As summarized below, we have determined 
that there is sufficient certainty that the conservation efforts 
outlined in the 2017 CCA will be implemented and effective, and 
significantly reduce the identified threats and their impacts to C. 
parryi var. fernandina and its habitat.

[[Page 11458]]

Summary: Certainty That Conservation Efforts Will Be Implemented
    We have certainty that the conservation efforts will be implemented 
because the implementation of the 2017 CCA has already begun and 
funding has been secured, providing certainty that funding will 
continue to be available to implement the conservation efforts. The 
seeding trails began in 2016, restrictive covenants have been placed 
over the CCA additional conservation areas on Newhall Property, consent 
has been obtained to perform C. parryi var. fernandina introduction 
within the Peterson Mitigation Bank, and the endowment for the initial 
phases of implementing the CCA has been established. In addition, the 
parties to the CCA have the legal and regulatory authority to implement 
the agreement, which includes an implementation schedule (including 
incremental completion dates) for the conservation efforts.
Summary: Certainty That Conservation Efforts Will Be Effective
    We have certainty that the conservation efforts will be effective 
because the nature and extent of threats is adequately addressed in the 
2017 CCA, including improving resiliency of the Santa Clarita 
population, increasing the number of ecoregions in which the plant is 
represented, and adding to the overall redundancy of the species. In 
addition, the combined factors of documented success with other 
Chorizanthe introductions, the introduction site selection based on 
scientific analysis of occupied sites, positive results of 2016 
spineflower seeding trials, and the accompanying enhancement program to 
aid establishment and persistence provide the rationale and optimism 
for effectiveness of the introduction program. Further, explicit 
objectives for the conservation efforts are defined and the associated 
dates for achieving them are stated. Quantifiable, scientifically valid 
parameters are identified that will help demonstrate achievement of the 
objectives. Finally, Newhall Land has funded an endowment for the 
initial implementation of the 2017 CCA. For ongoing (in-perpetuity) 
management and monitoring associated with the CCA, Newhall Land has 
committed to fund additional endowments. Input from the Spineflower 
Adaptive Management Working Group, which is already in place, will be 
sought to guide the management, monitoring, and planning activities of 
the adaptive management program of the conservation efforts.
    In conclusion, we have a high level of certainty that the 
conservation measures in the 2017 CCA will be implemented (for those 
measures not already begun) and effective, and thus they can be 
considered as part of the basis for our final listing determination for 
Chorizanthe parryi var. fernandina.

Summary of Comments and Recommendations

    In the proposed rule published on September 15, 2016 (81 FR 63454), 
we requested that all interested parties submit written comments on the 
proposal by November 14, 2016. We also contacted appropriate Federal 
and State agencies, Tribes, scientific experts and organizations, and 
other interested parties and invited them to comment on the proposal. 
On July 19, 2017, we published a 6-month extension of the final 
determination on the proposed threatened status for C. parryi var. 
fernandina (82 FR 33035) and reopened the comment period on the 
proposal for an additional 30 days, ending August 18, 2017. On November 
13, 2017, we published a document (82 FR 52262) that again reopened the 
comment period on the September 15, 2016, proposed rule for an 
additional 30 days, ending December 13, 2017, so that interested 
parties and the public could review and comment on the additional 
conservation measures provided by the 2017 CCA. During all three 
comment periods, which totaled 120 days, the Service requested any 
additional information on the status of C. parryi var. fernandina or 
its habitat so that we could analyze this additional information as 
part of the final listing process. We did not receive any requests for 
a public hearing.
    During the three comment periods on the proposed rule, we received 
six peer-review comment letters and four public comment letters on the 
proposed rule, one public comment letter on the 6-month extension, and 
five public comment letters on the reopening of the comment period for 
the 2017 CCA directly addressing the proposed listing of Chorizanthe 
parryi var. fernandina. Submitted comments were both for and against 
listing the species. We also received comments that were not related to 
the proposed listing of Chorizanthe parryi var. fernandina. All 
substantive information provided during the comment periods has either 
been incorporated directly into this withdrawal or is addressed below.

Peer Review

    The purpose of peer review is to ensure that our analysis of the 
information and assumptions used for listing determination is 
scientifically sound. In accordance with our peer review policy 
published on July 1, 1994 (59 FR 34270), we solicited expert opinion 
from six independent specialists with scientific expertise in the 
biology of Chorizanthe parryi var. fernandina biology, habitat, 
physical or biological factors, or threats. We received responses from 
all six peer reviewers. We reviewed the comments we received from the 
peer reviewers for substantive issues and new information regarding the 
listing of C. parryi var. fernandina. Peer reviewer comments are 
addressed in the following summary and incorporated into this 
withdrawal document as appropriate.
    Comment (1): Three peer reviewers stated that Argentine ants are 
likely to impact C. parryi var. fernandina pollinators at Newhall 
Ranch, which could result in a species-level threat to the reproductive 
potential of the plant. Given potential ant control methods in 
existence, the peer reviewers recommended that qualified pest control 
professionals and conservation managers be allowed to review and 
approve any control or mitigation plan. They stated that, for such a 
plan to be effective, it will require constant vigilance and a 
substantial financial investment.
    Response: In our proposed rule (81 FR 63454; September 15, 2016), 
we determined that loss of habitat and individuals and the associated 
edge effects (i.e., proliferation of Argentine ants) at the Santa 
Clarita population are likely to decrease habitat quality, reducing 
resiliency at this population. The additional conservation areas that 
will be established as part of the CCA, including the three additional 
conservation areas totaling approximately 825 ac (334 ha) that are 
contiguous with or adjacent to the existing San Martinez Grande and 
Potrero spineflower preserves established under the SCP (all of which 
would be considered part of the Santa Clarita population), are intended 
to buffer the Santa Clarita population from detrimental effects of loss 
of habitat and individuals and the associated edge effects, including 
Argentine ant invasion.
    As of February 2016, Argentine ants were present within two 
preserves at the Santa Clarita population, Entrada and Potrero (Dudek 
2016, pp. 17, 20). Therefore, the additional conservation area adjacent 
to the existing Potrero preserve is at risk of invasion by Argentine 
ants. However, the two additional conservation areas adjacent to the 
existing San Martinez Grande

[[Page 11459]]

preserve are farther from existing or proposed development (see Figure 
2, below). None of the adjacent land uses near San Martinez Grande 
poses a heightened threat of Argentine ant invasion (Dudek 2016, p. 6); 
therefore, these additional conservation areas are not expected to be 
at risk of invasion of Argentine ants and should contribute to C. 
parryi var. fernandina numbers and recruitment at the Santa Clarita 
population.
    The 2017 CCA requires that annual Argentine ant monitoring be 
conducted as part of the ongoing habitat maintenance and describes 
appropriate control measures consistent with the Argentine Ant Control 
Plan for Newhall Ranch (Dudek 2014, entire). If Argentine ants invade, 
Newhall Land proposes control methods as part of an integrated pest 
management plan, which will be both to remove Argentine ants and 
mitigate for the absence of native pollinators within the preserves 
(Dudek 2014c, pp. 25-42). Qualified pest control professionals and 
conservation managers will review and approve any control or mitigation 
plan. The endowment associated with long-term management and monitoring 
of the additional conservation areas would provide the substantial 
financial investment needed to implement this plan.
    Chorizanthe parryi var. fernandina introduction sites in the 2017 
CCA outside of the Santa Clarita population include an additional 
conservation area of 357 ac (114 ha) located in the Simi Valley 
watershed on the southern boundary of Newhall Land property in Ventura 
County; an additional conservation area of approximately 316 ac (128 
ha) located on Newhall Land property in the Castaic Mesa area in 
northern Los Angeles County, near a known extirpated population 
location; and an additional conservation area located in a 7-ac (2.8-
ha) portion of the Petersen Ranch Mitigation Bank adjacent to Elizabeth 
Lake, also near a known extirpated population location. Argentine ants 
are not considered to be a significant long-term risk to C. parryi var. 
fernandina at these introduction sites because the sites are all well 
separated from areas supporting potential source populations of 
Argentine ants, such as urban development areas.
    Comment (2): Two peer reviewers questioned the available data on C. 
parryi var. fernandina pollinators and suggested that experiments 
should be done to determine: (a) If C. parryi var. fernandina can 
effectively self-pollinate, (b) if the plants make seeds when 
pollinators are excluded, (c) whether seeds produced by self-
pollination suffer inbreeding depression compared to seeds produced by 
out-crossing, and (d) how much nectar or other rewards the flowers 
offer to pollinators.
    Response: A wide range of arthropods have been observed visiting 
flowers in the vicinity of C. parryi var. fernandina plants in the 
field. Jones et al. (2009) conducted a series of dawn-to-dusk surveys 
at Laskey Mesa in 2001, and at Santa Clarita in 2004. During these 
surveys, more visits were made to plants by the pyramid ant (Dorymyrmex 
insanus) than any other ant taxon; the southern fire ant (Solenopsis 
xyloni) visited in much smaller numbers; and little red ant (Forelius 
mccooki) was an important visitor at the Santa Clarita populations 
(Jones et al. 2010, p. 165).
    Jones et al. (2010) examined the effects the pyramid ant on 
spineflower seed production at Ahmanson Ranch with an exclusion study. 
They found that fruit set was 57 percent higher in flowers exposed to 
ant visitation, compared to 27 percent in control flowers where ants 
were excluded. Data indicate that 27 percent of seed set occurred where 
all potential pollinators were excluded, suggesting that SFVS is not 
productive at self-pollination (Jones et al. 2010, p. 166). This would 
seem to indicate that the viability of seeds produced by self-
pollination is much lower than those produced by the cross-pollinating 
actions of ants and other insect pollinators, and may reflect 
inbreeding depression in self-produced seeds.
    Comment (3): One peer reviewer stated that C. parryi var. 
fernandina seeds are not likely prompted to germinate by smoke or other 
features of fire, but that this needs to be studied more specifically. 
Also, studies should be done to determine how long seeds last and what 
proportion of seeds germinate under various conditions. This 
information is needed to successfully introduce or reintroduce C. 
parryi var. fernandina into additional sites near existing or 
historical sites.
    Response: C. parryi var. fernandina is typical of many winter-
spring native annuals that occur in the Mediterranean climate of 
California. Germination occurs following the onset of sufficient late-
fall and winter rains and typically represents different cohorts from 
the seed bank. Because C. parryi var. fernandina is sensitive to annual 
levels of rainfall, germination of resident seed banks may be low or 
nonexistent in unfavorable years, with little or no visible aboveground 
expression of the plant, but a seedbank would be present.
    The direct effects of fire on C. parryi var. fernandina are not 
known. We stated in the Species Report that seed germination of a 
related taxa, Parry's spineflower (C. parryi var. parryi), appears to 
be inhibited by fire (Ellstrand 1994 and Ogden 1999, in CBI 2000, pp. 
4, 13), but despite the inhibitory effect of direct scorching, fire may 
prove beneficial to C. parryi var. fernandina by creating openings in 
ground cover and temporarily reducing competition (CBI 2000, p. 13). We 
agree that additional research on the C. parryi var. fernandina seed 
bank would be useful to inform future efforts to expand existing 
populations and reintroduce plants to historical sites.
    Comment (4): One peer reviewer asked if there is evidence that ants 
secrete a substance that causes pollen grains to burst.
    Response: Some ants have chemical secretions from the metapleural 
gland that reduce pollen viability and germination (Beattie et al 
1984). However, from data presented by Jones et al. (2010), it appears 
to not be a problem for C. parryi var. fernandina. As noted above, seed 
production and the seed germination rate were much higher in the 
presence of ants, indicating that the presence of ant pollinators 
actually increases the viability of the seeds. Further, Jones et al. 
(2010) suggest that ant pollination may be more prevalent in drier 
climates and that ant production of inhibitory substances may not be a 
severe limitation to their function as pollinators.
    Comment (5): One peer reviewer asked if there is adequate 
management of the State of California's conserved site (Laskey Mesa), 
and what specific management at this site benefits the spineflower.
    Response: In 2010, CDFW issued an ITP under CESA to Newhall Land. 
The ITP requires Newhall Land to provide guaranteed long-term funding 
for the management of the C. parryi var. fernandina population at 
Laskey Mesa (CESA ITP# 2081-2008-012-05) (CDFG 2010, p. 17; Newhall 
Land and Dudek 2014, entire). On September 25, 2014, Newhall Land made 
the required deposit for the endowment at Laskey Mesa (K. Drewe 2016b, 
pers. comm.). Newhall Land cannot withdraw the funding for this 
account, and there is nothing in the ITP that would allow the funding 
to be returned to Newhall Land (K. Drewe 2016a, b, pers. comm.).
    The CDFW, SMMC, and National Fish and Wildlife Foundation will 
execute the agreement that requires the endowment be spent for the 
conservation and management of C. parryi var. fernandina at Laskey Mesa 
(K. Drewe 2016a, b, pers. comm.;

[[Page 11460]]

Newhall Land and Dudek 2014, entire). The August 2014 PAR and September 
2014 memorandum completed by Dudek (Newhall Land and Dudek 2014, 
entire) contains the management activities for C. parryi var. 
fernandina at Laskey Mesa (CDFW, in litt. 2016). The endowment is to be 
used for on-the-ground activities that include research studies, 
fencing, weeding, surveys, annual reports, and other activities that 
will benefit the plant. The agreement between CDFW and SMMC that would 
allow SMMC access to the endowment funds is currently undergoing 
internal review within CDFW.
    Comment (6): One peer reviewer pointed out that while the SCP 
provides for a number of preserves to be established, some of the 
preserves do not afford great protection for the spineflower. For 
example, the proposed preserve area at Entrada shows that a large 
portion of the spineflower patches are located within a utility 
easement. Plants could easily be destroyed by large equipment activity 
in the easement.
    Response: The Entrada preserve is connected to open space via an 
existing and frequently-maintained utility corridor. There may be risk 
to these plants from large equipment. This is one reason why it is 
important to establish additional C. parryi var. fernandina occurrences 
at the Santa Clarita population, including three additional 
conservation areas totaling approximately 825 ac (334 ha) that are 
contiguous with or adjacent to the existing San Martinez Grande and 
Potrero preserves. These areas are intended to expand the area of 
protected conservation land for C. parryi var. fernandina and increase 
the extent of protected occurrence locations within the Santa Clarita 
population.
    Comment (7): One peer reviewer suggested that we might have 
conducted our assessment of the current impact level of development on 
C. parryi var. fernandina over a wider geographic area, to encompass 
its former geographic range. The peer reviewer emphasized that it is 
clear that habitat loss and other factors associated with development 
(agricultural and urban) are the reasons C. parryi var. fernandina now 
occurs in just two localities at the edge of the Los Angeles 
metropolitan area. Moreover, all of the stressors discussed in the 
proposed listing document have strong links to development.
    Response: C. parryi var. fernandina is currently known from only 
two populations in southern California that are 17 mi (27 km) apart, 
one in Ventura County (Laskey Mesa population) and one in Los Angeles 
County (Santa Clarita population). Historically, the plant was known 
from no fewer than 10 additional locations in Los Angeles and Orange 
Counties. However, the scope of our stressor analysis was only the two 
extant populations because there is limited value in evaluating the 
potential for stressors in areas where the species is no longer 
considered extant. We presented our analysis of threats to the existing 
populations in our Species Report. Currently, there is no threat of 
development and there will be no development in the future at Laskey 
Mesa because the property is owned and managed by the SMMC and the 
MRCA.
    Development was considered a future threat to the Santa Clarita 
population. However, the additional conservation areas proposed in the 
CCA are intended to further increase the number and extent of C. parryi 
var. fernandina within its historical range, which will reduce the 
threat of development at this population. We considered whether there 
are any known threats or potential stressors to the spineflower on 
these additional conservation areas, and determined them to be suitable 
for C. parryi var. fernandina. All of these will be in permanent 
conservation where development will be precluded.
    Comment (8): One peer reviewer stated that the open structure of 
the vegetation in which C. parryi var. fernandina occurs suggests that 
external effects are likely to penetrate deeply into patches. The very 
small stature of C. parryi var. fernandina plants makes them likely to 
be especially vulnerable to disturbances such as trampling and erosion. 
Therefore, it seems likely that recreational impacts on the species 
will increase, particularly in Santa Clarita, where the proximity to 
high densities of humans will increase in the proposed developments.
    Response: We recognize edge effects of increased trampling and soil 
compaction from recreation. Recreation has minimal direct effects on C. 
parryi var. fernandina habitat because recreation does not occur in the 
same areas where C. parryi var. fernandina occurs. Even though the 
plant is small in stature and may grow in open areas, such as old 
roads, making it vulnerable to trampling, there are currently no trails 
that overlap the plant's occurrences, and we do not expect trails to 
overlap the plant's occurrences in the future. Additionally, all 
additional conservation areas provided for in the 2017 CCA will be 
closed to the public.
    Comment (9): One peer reviewer questioned our assessment that the 
impact of invasive, nonnative plants on C. parryi var. fernandina will 
decrease with time from moderate today to low in the future, as a 
result of ecological restoration plans at the Santa Clarita population.
    Response: Nonnative, invasive plants are abundant at Laskey Mesa 
and Santa Clarita, and reduce available habitat. They compete with C. 
parryi var. fernandina for light, water, and soil nutrients; increase 
potential for wildfire; and alter pollinator communities. The August 
2014 PAR and September 2014 memorandum outline the management 
activities to be undertaken at Laskey Mesa for C. parryi var. 
fernandina. The funding for these actions is set aside in the form of a 
non-wasting endowment. The endowment will fund on-the-ground 
activities, such as weeding and other methods to control the impacts of 
nonnative invasive plants. We anticipate that MRCA will address the 
abundance of nonnative vegetation at Laskey Mesa once they implement 
the management activities for C. parryi var. fernandina at that site.
    At the Santa Clarita site, development of Newhall Ranch would 
remove ground coverage of nonnative plants. However, part of this 
development will create urban edges that would border some of the 
preserves. Nonnative weedy species are often edge species and become 
more prevalent or increase in abundance to the detriment of native 
species. Therefore, Newhall Land has proposed to restore C. parryi var. 
fernandina habitat and implement measures as part of the development of 
Newhall Ranch to reduce the abundance and impact of nonnative 
vegetation at this site. Overall, nonnative, invasive plants currently 
act as a moderate-level stressor to C. parryi var. fernandina and its 
habitat. The management activities at Laskey Mesa and the conservation 
measures at Santa Clarita are likely to reduce the direct impact of 
nonnative, invasive plants to a low-level stressor. The enhancement 
areas surrounding the 2017 CCA introduction sites are intended to help 
minimize invasion of nonnative plant species, which could degrade the 
quality of the habitat for C. parryi var. fernandina occupation in the 
additional conservation areas.
    Comment (10): One peer reviewer questioned our prediction that 
future fire effects will be low. The proposed plan for development in 
Santa Clarita will put Chorizanthe parryi var. fernandina within the 
urban-wildland interface and thereby should increase the potential for 
fire to affect population patches.
    Response: We anticipate that wildfire will occur in the future, 
based on the historical fires that have occurred in these areas and 
because wildfire is a natural phenomenon in southern California. 
Additionally, both

[[Page 11461]]

populations are surrounded by residential and commercial developments, 
and fire frequency tends to increase at the urban-wildland interface 
(Dudek 2010a, p. 136). Furthermore, due to climate change, drier 
conditions may result (PRBO Conservation Science 2011, pp. 41-42). 
However, because the fire intervals at these two populations have been 
relatively short in recent history, we do not anticipate an increased 
fire frequency at Laskey Mesa or Santa Clarita.
    At Santa Clarita, proposed development in the area will break up 
large expanses of potential fuels and may reduce the risk of wildfire, 
but human-caused ignition may increase with increasing human presence 
and traffic. However, fire protection in the surrounding areas is also 
expected to increase because of the need to avoid loss of life and 
property; therefore, it is anticipated that any fires in the SCP 
preserves will be lighter rather than heavier in intensity (Dudek 
2010a, p. 136). In addition, if fire-control lines or other forms of 
bulldozer damage occur within the preserves, Newhall Land proposed to 
repair and revegetate these areas to pre-burn conditions (Dudek 2010a, 
pp. 135-137). In our assessment of climate change, we analyze that 
drier conditions in the future may result in increased fire frequency, 
making the ecosystems in which a species currently grows more 
vulnerable to threats of nonnative plant invasion.
    The December 2017 Rye Fire burned four out of seven of the SCP 
preserves on Newhall Ranch. The intensity of the fire was diagnosed as 
being light (Watershed Emergency Response Team 2018, pp. 18-20). 
Numerous previous wildfire events have occurred on Newhall Ranch since 
1913, including at least 12 since 1983 (excluding the 2017 Rye Fire), 
and several of these fires have affected extensive areas of habitat 
occupied by the spineflower (Dudek 2017, p. 10). Chorizanthe parryi 
var. fernandina monitoring began on Newhall Ranch in 2002. Two fires 
have affected the Santa Clarita population since then. The 2003 Verdale 
Fire burned the Homestead North Project Site, including almost the 
entire San Martinez Grande preserve. The 2007 Magic Fire burned 
portions of the Grapevine Mesa and Entrada preserves. Both the 2003 
Verdale Fire and the 2007 Magic Fire occurred in October, after 
spineflower surveys had been conducted for that year. The biggest 
concern is that fire may promote the invasion and spread of nonnative, 
invasive grasses that outcompete small native annuals like C. parryi 
var. fernandina.
    Monitoring conducted under the SCP will continue to evaluate the 
performance of C. parryi var. fernandina within the SCP preserves, and 
if the monitoring shows that management is needed to address direct or 
indirect effects of the fire, such as an increase in nonnative, 
invasive grasses, measures will be incorporated into annual work plans 
as required by the SCP and reviewed by the Spineflower Adaptive 
Management Working Group. The primary management activities we 
anticipate to occur post-fire in the SCP preserves involves monitoring 
and controlling weeds that may invade burned areas following a fire 
event, specifically if weeds exceed 30 percent relative cover (Dudek 
2017, p. 7).
    Comment (11): One peer reviewer noted that because the historical 
range of C. parryi var. fernandina has been reduced, and now the plant 
has only two isolated populations, the plant's heterozygosity (having a 
varied genetic makeup) may be considerably reduced.
    Response: While we agree that C. parryi var. fernandina likely has 
reduced heterozygosity due to a reduced range as compared to the 
historical distribution, the genetic characteristics have not been 
investigated. Dr. Deborah Rodgers is currently conducting research into 
genetic structure of C. parryi var. fernandina and potential degree of 
inbreeding depression (Dudek 2015, p. 2; Dudek 2016c, p. 9).
    Comment (12): One peer reviewer pointed out that nitrogen 
deposition associated with fossil fuel combustion is a potential 
stressor to C. parryi var. fernandina, and this was not discussed in 
the Species Report. Several recent studies have shown that nitrogen can 
have important consequences to native and nonnative plant species in 
southern California although there is no information available about 
how nitrogen deposition has affected C. parryi var. fernandina and its 
ecosystem.
    Response: Because there is no information available about how 
nitrogen deposition has affected C. parryi var. fernandina and the 
ecosystem it occupies, we did not analyze it in our stressor analysis.
    Comment (13): One peer reviewer stated that Newhall Land may have 
destroyed C. parryi var. fernandina subpopulations on Newhall Ranch 
lands in the past, and investigations were purported to be initiated by 
CDFW into possible violation. This resulted in an agreement by Newhall 
to actively manage and restore C. parryi var. fernandina habitat. 
However, the reviewer did not believe any of these restoration and 
management activities have been initiated.
    Response: There was a 2003 settlement agreement executed between 
Newhall Land and CDFW following an onsite investigation that occurred 
in 2002. This resulted in establishing two permanent conservation 
easements, one at Airport Mesa and one at Grapevine Mesa, totaling 
approximately 64 ac (26 ha). The settlement agreement required that a 
management plan for the plant be prepared, funded, and implemented in 
those two areas as mitigation for impacts affiliated with that 
investigation.
    Comment (14): One peer reviewer stated that creating small rare 
plant preserves under the SCP has the potential to reduce long-term 
success to maintain a viable population into the future, as this 
eliminates connectivity to adjacent habitats to which populations might 
have migrated, beyond the borders of the preserve boundaries.
    Response: The 2017 CCA establishes additional C. parryi var. 
fernandina occurrences at the Santa Clarita population, including three 
additional conservation areas totaling approximately 825 ac (334 ha) 
that are contiguous with or adjacent to the existing San Martinez 
Grande and Potrero preserves established under the SCP. This will allow 
C. parryi var. fernandina populations to expand into the area of 
protected conservation land, and increase the extent of protected 
spineflower occurrence locations within the Santa Clarita population.
    Comment (15): One peer reviewer stated that there are six other 
species in the genus Chorizanthe in California that have been listed 
under the Act as endangered species, all of which have larger 
populations than C. parryi var. fernandina. The Service's listing of 
these other plants as endangered has established a precedent for 
endangered plants of this genus.
    Response: The Service evaluates each species individually, using 
the best available scientific and commercial information on that 
species, in making a listing determination. There are many factors and 
reasons why a determination for one species may be different than that 
for another species. The fact that a species has been determined to be 
endangered under the Act does not mean that other species within the 
same genus also automatically meet the Act's definition of endangered.
    Comment (16): One peer reviewer stated that the introduction plan 
provided for by the 2017 CCA is more appropriately addressed under a C. 
parryi var. fernandina recovery plan

[[Page 11462]]

than as part of the proposed listing rule. The success or failure of 
the proposed plan will likely require decades to determine. The use of 
positive outcomes can only occur after a measured success. Since the 
effectiveness of proposed conservation measures cannot be evaluated for 
many years, it is premature to rely on potential future success of 
these measures when determining the vulnerability of C. parryi var. 
fernandina.
    Response: We stated in the proposed rule (81 FR 63454, September 
15, 2016, see p. 63458) that we will formally evaluate all measures 
included in Newhall Land's conservation strategy using PECE before 
making our final determination of the status of the plant. In 
determining whether a formalized conservation effort contributes to 
forming a basis for not listing a species, or for listing a species as 
threatened rather than endangered, we must evaluate whether proposed 
conservation efforts improve the status of the species under the Act. 
Two factors are key in that evaluation: (1) For those efforts yet to be 
implemented, the certainty that the conservation effort will be 
implemented; and (2) for those efforts that have not yet demonstrated 
effectiveness, the certainty that the conservation effort will be 
effective. In our PECE analysis of the 2017 CCA for the spineflower, we 
found that there is a high degree of certainty that the conservation 
measures under the plan will be implemented, and a high degree of 
certainty that the conservation measures will be effective. Please see 
the full PECE analysis at http://www.regulations.gov at Docket No. FWS-
R8-ES-2016-0078.

Public Comments

    Comment (17): One commenter stated that McGraw (2012) found a 
strong positive correlation between percentage of the mapped cumulative 
footprint supporting C. parryi var. fernandina in a given year and 
total annual rainfall. However, the data of acres occupied annually by 
C. parryi var. fernandina demonstrate that there is no apparent overall 
increase or decreasing trend over the last 17 years; therefore, there 
is no reason to expect a trend change in the next 25 years based on the 
best available information.
    Response: Interannual variability in total annual rainfall is a 
major driver of the variability in C. parryi var. fernandina's 
distribution, but additional factors, including temperature, timing of 
precipitation in fall or winter, and drought, may also play a role 
(McGraw 2012, p. A-6). The proposed development of Newhall Ranch would 
directly remove 25 percent of the C. parryi var. fernandina population 
at Santa Clarita, and the vast majority of the remaining 75 percent of 
this population would be surrounded and bordered by residential and 
commercial development. While the data may not show a trend over the 
survey period, reducing the population by 25 percent and fragmenting 
the remaining populations introduces new stressors into the population 
that will affect the persistence of the plant over the next 25 years at 
this population.
    The 2017 CCA establishes additional C. parryi var. fernandina 
occurrences at the Santa Clarita population, including three additional 
conservation areas totaling approximately 825 ac (334 ha) that are 
contiguous with or adjacent to the existing San Martinez Grande and 
Potrero preserves established under the SCP. These areas are intended 
to expand the area of protected conservation land for C. parryi var. 
fernandina and increase the extent of protected occurrence locations 
within the Santa Clarita population to buffer it from the detrimental 
effects of loss of habitat and individuals and the associated edge 
effects, which should increase persistence of the plant over the next 
25 years at this population.
    Comment (18): One commenter stated that the Species Report 
overstates the extent to which habitat fragmentation will affect C. 
parryi var. fernandina. The commenter stated that C. parryi var. 
fernandina preserves and large, connected open spaces within and around 
the Newhall Land property development areas will preserve connectivity 
for mobile pollinators such as honeybees and potential seed dispersers, 
maintaining opportunities for genetic exchange between preserves. C. 
parryi var. fernandina preserve management, including habitat 
restoration and enhancement, will maintain and enhance floral and other 
habitat resources in the preserves for pollinators and seed dispersers.
    Response: Development of Newhall Ranch will remove some occurrences 
that connect, or are intermittent between, the larger concentrations of 
C. parryi var. fernandina in the designated preserves. Removing some of 
the smaller scattered populations outside the preserves will likely 
make the distances between remaining concentrations of C. parryi var. 
fernandina larger and make the habitat that supports the plant more 
isolated. However, the implementation of the 2017 CCA will establish 
additional C. parryi var. fernandina occurrences at the Santa Clarita 
population, including three additional conservation areas totaling 
approximately 825 ac (334 ha) that are contiguous with or adjacent to 
the existing San Martinez Grande and Potrero preserves established 
under the SCP. These expansion areas will aid connectivity of 
populations, as well as establish new populations.
    Comment (19): Future habitat conditions in C. parryi var. 
fernandina preserves will generally be resistant to permanent Argentine 
ant invasions. Consequently, there is little risk of long-term 
infestation by Argentine ants in numbers sufficient to permanently 
displace arthropods that provide pollinator and seed dispersal 
services.
    Response: Our analyses in the Species Report indicate that if 
Argentine ants invade an area, they are likely to permanently displace 
arthropods that provide pollinator and seed dispersal services (Service 
2016, pp. 44-62). Argentine ants are present on Newhall Ranch in at 
least two SCP preserves (Entrada and Potrero), and within the open 
space that acts as a corridor between the SCP preserves, the Santa 
Clara River (Dudek 2016b, pp. 17, 20). It is therefore reasonable to 
assume that conditions are currently suitable for Argentine ants within 
at least two preserves. Argentine ants are assumed to be present 
throughout the development and are expected to be present in the open 
areas adjacent to the preserves in the future post-development (Dudek 
2010a, p. 130). Also, Dudek (2016b, pp. 5-18) states that five out of 
the seven SCP preserves (82 percent of the total preserve area) have a 
``high potential for serious encroachment or invasion of Argentine 
ants'' given current and proposed adjacent land uses.
    The 2017 CCA states that annual Argentine ant monitoring will be 
conducted as part of the ongoing habitat maintenance, and appropriate 
control measures consistent with the Argentine Ant Control Plan for 
Newhall Ranch (Dudek 2014, entire) will be implemented in the event 
that invasion occurs. If Argentine ants invade, Newhall Land proposes 
control methods as part of an integrated pest management plan to remove 
Argentine ants and mitigate for the absence of native pollinators 
within the preserves (Dudek 2014c, pp. 25-42). Qualified pest control 
professionals and conservation managers will review and approve any 
control or mitigation plan. Argentine ants are not considered to be a 
significant long-term risk to C. parryi var. fernandina at the 
introduction sites outside the Santa Clarita population because they 
are all well separated from areas supporting potential source

[[Page 11463]]

populations, such as urban development areas.
    Comment (20): One commenter stated that in the proposed rule (81 FR 
63454; September 15, 2016), the Service's conclusion that there may not 
be sufficient redundancy to sustain C. parryi var. fernandina over the 
long term is overstated, because evidence indicates the long-term 
threats to redundancy can be effectively managed through habitat 
restoration in the preserves, management of Argentine ants, and 
introduction of C. parryi var. fernandina into non-preserve areas.
    Response: Redundancy does not just refer to the population at Santa 
Clarita but refers to the ability of a species to compensate for 
fluctuations in or loss of populations across the species' range such 
that the loss of a single population has little or no lasting effect on 
the structure and functioning of the species as a whole. Multiple 
interacting populations across a broad geographic area provide 
insurance against the risk of extinction caused by catastrophic events. 
Because historically there were no fewer than 10 additional populations 
across Los Angeles and Orange Counties in Southern California, and 
currently there are 2 populations, redundancy is decreased for C. 
parryi var. fernandina. If either of the two extant populations were 
permanently lost, the redundancy would be further lowered, thereby 
decreasing the plant's chance of survival in the face of potential 
environmental or demographic stochastic factors and catastrophic events 
(e.g., wildfire, extreme drought).
    The additional conservation areas proposed in the 2017 CCA are 
intended to increase the number and extent of C. parryi var. fernandina 
populations within its historical range and increase redundancy. The 
CCA provides for Newhall Land to introduce C. parryi var. fernandina 
within portions of the additional conservation areas with the goal of 
establishing at least two new self-sustaining, persistent occurrences 
to increase the redundancy of the species.
    Comment (21): One commenter stated that the seven C. parryi var. 
fernandina preserves will help maintain the existing representation of 
the plant on Newhall property. Likewise, the endowment for management 
of the Laskey Mesa population will also contribute to continued 
representation of that population.
    Response: Representation refers to a species' ability to adapt to 
changing environmental conditions, which is a species' adaptive 
capacity. Representation is characterized by the breadth of genetic and 
environmental diversity within and among populations; this can be 
related to the distribution of populations within the variation in a 
species' ecological settings. Historically, there were no fewer than 10 
C. parryi var. fernandina populations across southern California, 
representing at least five ecoregions of the conterminous United 
States. Ecoregions denote areas of general similarity in ecosystems 
through analysis of patterns of biotic and abiotic phenomena, including 
geology, physiography, vegetation, climate, soils, land use, wildlife, 
and hydrology. Currently, there are only two C. parryi var. fernandina 
populations, 17 mi (27 km) apart, representing only one ecoregion.
    The goal of the 2017 CCA is to establish at least two new self-
sustaining, persistent C. parryi var. fernandina occurrences, at least 
one of which will be in a different ecoregion from the existing 
populations to increase the number of ecoregions in which the plant is 
represented. The two existing C. parryi var. fernandina populations are 
located in the Venturan-Angeleno Coastal Hills ecoregion. The 
additional conservation area in the Castaic Mesa area in northern Los 
Angeles County, near a known extirpated population location, is within 
the Southern California Lower Montane Shrubland Woodland ecoregion. The 
additional conservation area located in the Petersen Ranch Mitigation 
Bank adjacent to Elizabeth Lake near a known extirpated population 
location is within the Arid Montane Slopes ecoregion. Establishing at 
least two new self-sustaining, persistent C. parryi var. fernandina 
occurrences where at least one is in a different ecoregion from the 
existing populations may improve the ability of the plant to adapt to 
changing environmental conditions into the future.
    Comment (22): One commenter stated that long-term establishment of 
C. parryi var. fernandina is feasible. Efforts to do so will require a 
commitment to significant planning, resources, ongoing scientific 
observation and study, adaptive management, and incorporation of most 
current plant and environmental science. Constraints to establishment 
of new populations of C. parryi var. fernandina include: (a) 
Availability of seed source due to physical and morphological reasons; 
(b) availability of land in the historical range of the plant that is 
not already developed or threatened by encroachment of nonnative and 
invasive species; (c) presence of appropriate climatic and hydrologic 
conditions (hot and dry with seasonal drought conditions and no 
irrigation); (d) presence of specific soil types and geomorphological 
conditions (including specific substrate, elevation, and aspect); (e) 
minimal environmental threats; and (f) availability of arthropods that 
can facilitate pollination to ensure higher achene (seed head) set and 
ensure genetic diversity.
    Response: The 2017 CCA includes a commitment to significant 
planning, resources, ongoing scientific observation and study, adaptive 
management, and incorporation of most current plant and environmental 
science. Newhall Land will cause permanent conservation instruments to 
be recorded over each of the additional conservation areas in which C. 
parryi var. fernandina is established to ensure that the habitat values 
for the species are maintained, minimizing environmental threats. 
Newhall Land will fund all initial habitat enhancement and C. parryi 
var. fernandina introduction activities within the additional 
conservation areas, and will fund one or more endowments to provide 
perpetual management and monitoring within the additional conservation 
areas.
    To address availability of seed source, it is anticipated that 
there will be opportunities for topsoil salvage from C. parryi var. 
fernandina occupied areas within the proposed developments on Newhall 
Land property at the Santa Clarita population. In addition, a phased 
approach will provide lead time to conduct wild seed collections (and 
to grow these seeds in a controlled nursery setting to bulk seed, if 
necessary) to acquire the necessary seed resources to implement C. 
parryi var. fernandina introduction in the various areas.
    To address the need for appropriate climatic and hydrologic 
conditions and the presence of specific soil types and geomorphological 
conditions, the additional conservation areas were selected based on 
proximity to extant C. parryi var. fernandina populations, proximity to 
extirpated historical locations, availability of undeveloped open 
space, surrounding land uses, and land ownership. Some other areas were 
considered, but rejected due to lack of conserved open space, 
unsuitable conditions, or untenable land ownership situations. Once 
potential sites were identified, the sites that best met the identified 
parameters that appear to favor occupation by C. parryi var. fernandina 
were chosen. Site selection relied heavily on the results of a habitat 
characterization study, which compared occupied and unoccupied areas 
within coastal scrub and annual grassland, to identify characteristics 
of occupied C. parryi var. fernandina habitat. In addition to selecting 
what

[[Page 11464]]

appeared to be the most suitable sites, the approach in the 2017 CCA is 
to assist C. parryi var. fernandina during the early establishment 
period in order to help the introduced population develop a foothold 
through habitat enhancement, ultimately resulting in at least two new 
self-sustaining, persistent populations.
    Comment (23): One commenter stated that Newhall Land appears to 
have begun vegetation clearing on the project site where Chorizanthe 
parryi var. fernandina is located. The commenter does not believe that 
such actions comply with the rules and regulations of the Act.
    Response: Section 7 of the Act provides a mechanism for identifying 
and resolving potential conflicts between a proposed action and a 
species proposed for listing at an early planning stage. While 
consultations for listed species are required when the proposed action 
may affect listed species, a conference is required only when the 
proposed action is likely to jeopardize the continued existence of a 
species proposed for listing.
    The Final Environmental Impact Statement (EIS)/Environmental Impact 
Report (EIR) for the Newhall Ranch Resource Management and Development 
Project included detailed analysis of the direct, indirect, and 
cumulative impacts of the proposed discharges of fill material in 
waters of the United States and associated upland development 
activities on C. parryi var. fernandina and included mitigation 
measures to avoid, minimize, and compensate for impacts to the plant. 
Subsequent to the Final EIS/EIR, Newhall Land agreed to implement 
additional measures to further compensate for unavoidable impacts to C. 
parryi var. fernandina as documented in the 2017 CCA. In consideration 
of the additional conservation areas and C. parryi var. fernandina 
introduction sites required as part of the CCA, the U.S. Army Corps of 
Engineers made a final determination that permit no. SPL-2003-01264 
would not jeopardize the continued existence of C. parryi var. 
fernandina and is not required to complete a conference opinion to 
comply with the requirements of the Act.
    Comment (24): One commenter stated that the Rye Fire in Santa 
Clarita, which began on December 5, 2017, has apparently burned at 
least five of the proposed seven conservation areas for C. parryi var. 
fernandina and possibly all those located on the Mission Village 
project. The commenter stated that it is important to determine whether 
native pollinator arthropods survived the fire. The commenter urged a 
delay and extension of the comment period so that the effect of this 
fire on C. parryi var. fernandina could be investigated.
    Response: The December 2017 Rye Fire burned four out of seven of 
the SCP preserves on Newhall Ranch. Based on prior research, we expect 
relatively minor effects from the Rye Fire on arthropods that could be 
spineflower pollinators. Jones et al. (2004) conducted pollinator 
studies on spineflower populations on Newhall Ranch and Ahmanson Ranch, 
and found that one of the dominant floral visitors on Newhall Ranch was 
little red ant and the dominant floral visitors at the Ahmanson Ranch 
were two species of ants: The pyramid ant and the southern fire ant. 
Matsuda et al. (2011, entire) investigated the effect of broad-scale 
wildfire on ground foraging ants within southern California. They found 
a net negative effect of fire on the overall diversity of ground 
foraging ants likely because of changes in community structure rather 
than the loss of species richness. Although they found a negative 
effect of fire on ant diversity, the increases in overall species 
diversity in both the fire-impacted and reference plots suggest that 
ground-foraging ants may be relatively resilient to fire because only 
about 2 percent of an ant colony is active on the surface, thus 
limiting direct mortality. They also suggest that unburned patches 
within a burn area can provide refuge for ants and source populations 
for recolonization of burned areas.
    The intensity of the Rye Fire on Newhall Ranch was diagnosed as 
light (Watershed Emergency Response Team 2018, pp. 18-20). Based on 
field testing, the California Geological Survey found that within the 
mapped fire perimeter, 64 percent of the area was classified as very 
low/unburned, 34 percent as low, and 2 percent as moderate; no area was 
classified as high (Watershed Emergency Response Team 2018, pp. 18-20). 
The severity of the Rye Fire was similar to or generally less than the 
most recent fires on Newhall Ranch in C. parryi var. fernandina 
habitat, the 2003 Verdale Fire and 2007 Magic Fire. Severity in burn 
areas was generally low in the Magic Fire and very low to moderate in 
the Verdale Fire (Dudek 2017, p. 10). We were able to investigate the 
effect of the fire on the plant and its pollinators within the allotted 
timeframe, and therefore we do not need to extend the comment period on 
the proposal.
    Comment (25): One commenter stated that throughout the 2017 CCA 
there are definitive statements that the proposed actions will result 
in the establishment of new populations and reduce or eliminate threats 
to C. parryi var. fernandina. The commenter states that the plan will 
attempt to establish populations and hopefully provide protective 
measures, but that the proposed conservation efforts cannot be 
considered as guarantees. The commenter concluded that the 2017 CCA 
should not be used to determine the current status of C. parryi var. 
fernandina.
    Response: PECE (68 FR 15100, March 28, 2003) ensures consistent and 
adequate evaluation of recently formalized, but not yet implemented 
conservation efforts when making listing decisions. The policy provides 
guidance on how to evaluate conservation efforts that have not yet been 
implemented or have not yet demonstrated effectiveness. The evaluation 
focuses on the certainty that the conservation actions will be 
implemented and effective.
    Using the criteria specified in PECE, we evaluated the certainty of 
future implementation and certainty of effectiveness of the 2017 CCA. 
Based on our evaluation, we have a high level of certainty that the 
conservation actions will be effectively implemented and, therefore, 
should be considered as part of the basis for our final listing 
determination for C. parryi var. fernandina. Please see the full PECE 
analysis at http://www.regulations.gov at Docket No. FWS-R8-ES-2016-
0078.
    Comment (26): One commenter noted that after the proposed rule was 
published, an activity occurred at the Laskey Mesa population that 
threatens the continued existence of C. parryi var. fernandina. This 
activity was permitted by the managing agency.
    Response: We assume that the recent activity to which the commenter 
refers is a fashion show that occurred on May 11, 2017. Our 
understanding is that MRCA permitted approximately 2.5 ac (1 ha) at 
Laskey Mesa be utilized for the show, but resulting impacts were about 
1 ac (.4 ha) larger than planned, and that several aspects of the event 
were not covered under the permitted activities. The MRCA permit 
required that there be no disturbance of terrain or indigenous plants. 
As a result, CDFW sent a letter to the State Wildlife Conservation 
Board expressing concern over consistency between the funding provided 
for the purchase of Laskey Mesa and the intended conservation purpose 
of that funding. There was a follow-up meeting with representatives of 
CDFW, the State Wildlife Conservation Board, MRCA, and SMMC, in which 
the same concerns were shared. As a result of the meeting, the State 
Wildlife Conservation Board,

[[Page 11465]]

MRCA, and CDFW agreed to develop a strategy so that concerns regarding 
the conservation of sensitive species are given a more prominent part 
in the permitting of activities on Laskey Mesa (e.g., sensitive species 
surveys prior to filming activities). The CDFW is currently working 
with its partners in developing the strategy. This strategy should be 
effective in preventing further variances from permitted activities 
that might affect C. parryi var. fernandina.

Summary of Biological Status and Factors Affecting the Species

    Section 4 of the Act and its implementing regulations (50 CFR 424) 
set forth the procedures for adding species to the Federal Lists of 
Endangered and Threatened Wildlife and Plants. A species may be 
determined to be an endangered or threatened species due to one or more 
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 
manmade factors affecting its continued existence. Listing actions may 
be warranted based on any of the above threat factors, singly or in 
combination. Stressors that currently act, or may act, on C. parryi 
var. fernandina in the foreseeable future include development (Factors 
A and E); nonnative, invasive plants (Factors A and E); Argentine ants 
(Factor E); grazing and agriculture (Factor A); utility line easements 
and maintenance (Factor A); miscellaneous land use (Factor A); 
recreation (Factor E); wildfire (Factor E); and climate change (Factors 
A and E). The effects of these stressors are magnified by virtue of the 
plant having small population sizes (Factor E). For the purposes of 
this analysis, we define the ``foreseeable future'' time period to be 
25 years. The basis for this timeframe is that it includes cycles of 
variation in climate, the potential impacts of the completion of the 
proposed development of Newhall Ranch, and planned conservation 
measures for the Laskey Mesa and Santa Clarita populations.
    All of these potential stressors are evaluated and presented in our 
Species Report (Service 2016, pp. 20-78). The best available data 
indicate that grazing and agriculture, utility line easements and 
maintenance, miscellaneous land use, and recreation are not resulting 
in population or rangewide impacts currently or in the future such that 
they rise to the level of threats to the continued existence of the 
species. We conclude this because these activities have been or will be 
removed from most areas that overlap C. parryi var. fernandina. The 
remaining stressors--development; nonnative, invasive plants; Argentine 
ants; wildfire; and potentially climate change--acting on the small 
isolated populations are described below. We address the remaining 
stressors below because we determined in our September 15, 2016, 
proposed rule (81 FR 63454) that population or rangewide impacts may 
contribute to, or are likely to contribute to, considerable loss of 
individuals or habitat currently or in the future. Please refer to the 
Potential Stressors section in the Species Report (Service 2016, pp. 
20-78) for a more detailed discussion of our evaluation of the 
biological status of the plant and the factors that may affect its 
continued existence.

Development (Factors A and E)

    Development consists of converting the landscape into residential, 
commercial, industrial, and recreational features, with associated 
infrastructure such as roads. Currently, development does not impact C. 
parryi var. fernandina at either population. In the future, no 
development is anticipated at the Laskey Mesa site because the property 
is owned and managed by the SMMC and MRCA, and preserved as permanent 
parkland. At the Santa Clarita site, the population is within the 
footprint of the proposed Newhall Ranch development project.
    At the time we issued the proposed rule (81 FR 63454, September 15, 
2016), available information indicated that the future development of 
the proposed Newhall Ranch would directly remove 24 percent of the C. 
parryi var. fernandina population and occupied habitat at the Santa 
Clarita site, reducing the population from approximately 20 ac (8 ha) 
to 15 ac (6 ha) of cumulative occupied area (Dudek 2010a, Table 12, p. 
67). In addition to habitat removal, the proposed development would 
also create indirect effects by fragmenting the remaining habitat 
between the occurrences of C. parryi var. fernandina. The impacts of 
fragmented habitat include: (1) Edge effects around remaining 
populations, such as increasing the risk of invasion of nonnative, 
invasive plants and animals; and (2) further separation of occurrences 
relative to current conditions because much of the area between the 
remaining occurrences would be residential and commercial development 
(Dudek 2010a, pp. 48-117), potentially affecting pollination and 
dispersal of the plant (Steffan-Dewenter and Tscharntke 1999, p. 437; 
Menges 1991, pp. 158-164; Jennerston 1988, pp. 359-366; Cunningham 
2000, pp. 1149-1152). These indirect effects of the proposed 
development would remain into the future post-construction.
    Under the 2010 SCP, Newhall Land Company designated seven 
spineflower preserves containing approximately 15 ac (6 ha) of C. 
parryi var. fernandina occupied area, which is the remaining 76 percent 
of the Santa Clarita population. Easements and an endowment to manage 
and monitor the preserves have been put in place. In addition to the 
preserves designated under the SCP, the 2017 CCA establishes additional 
C. parryi var. fernandina occurrences at the Santa Clarita population 
(Areas 1-3 in Figure 2, above), reducing the overall threat to this 
population from development. The additional conservation areas at the 
Santa Clarita population total approximately 825 ac (334 ha) that are 
contiguous with or adjacent to the existing San Martinez Grande and 
Potrero preserves established under the SCP. These areas are intended 
to expand the area of protected conservation land for the plant and 
increase the extent of protected occurrence locations within the Santa 
Clarita population to buffer it from detrimental effects of loss of 
habitat and individuals and the associated edge effects. All of the 
conservation areas (i.e., preserves under the SCP and occurrences under 
the 2017 CCA) will be in permanent conservation and will not be 
directly threatened by development.
    Overall, we projected in our September 15, 2016, proposed rule that 
development at one of the two C. parryi var. fernandina populations 
would result in the loss of 24 percent of the Santa Clarita population 
in the future and that edge effects to the remaining Santa Clarita 
population were expected. Edge effects around the remaining occurrences 
put these patches at risk and separate them more than they are under 
current conditions. However, under the 2017 CCA, abundance and 
distribution of the plant within the Santa Clarita population will be 
increased to buffer the population from detrimental effects of loss of 
habitat and individuals and the associated edge effects of the 
development. When we issued the proposed rule, we concluded that 
development was a future population-level threat to the plant, as it 
would result in loss of habitat and individuals, and further reduce the 
range of the plant, which was already vulnerable due to its small size 
and isolated populations (Factor E). Since the publication of the 
proposed rule, the

[[Page 11466]]

2017 CCA was developed and signed, and is being implemented. The 2017 
CCA provides support for C. parryi var. fernandina by further 
protecting, increasing, and expanding existing and future populations 
and habitat.
    As discussed above, we have determined that the conservation 
actions outlined in the 2017 CCA are sufficiently certain to be 
implemented and effective such that they should be considered in our 
assessment of status. These conservation actions significantly reduce 
the identified threats, including effects of historical and future loss 
of habitat from development (Factor A and E), and their impacts to C. 
parryi var. fernandina and its habitat. Thus, the best scientific and 
commercial data available indicate that the effects associated with 
development are not a threat to the continued existence of C. parryi 
var. fernandina now nor will they be in the foreseeable future.

Small, Isolated Populations (Factors E)

    The effects of small, isolated populations include increased risk 
of extinction from random, naturally occurring events, and potentially 
reduced genetic variation, which can affect the ability of a species to 
sustain itself into the future in the face of environmental 
fluctuations. There are two known populations of C. parryi var. 
fernandina, 17 mi (27 km) apart, one at Laskey Mesa and one at Santa 
Clarita, each comprising approximately 15 to 20 ac (6 to 8 ha) of 
occupied area. Historically, the plant was known from no less than 10 
additional locations across southern California (see Figure 1).
    When we issued the proposed rule (81 FR 63454, September 15, 2016), 
we concluded that having only two small, isolated populations decreased 
the ability of C. parryi var. fernandina to sustain itself into the 
future in the face of environmental fluctuations and random, naturally 
occurring events. At that time, we determined that this stressor would 
continue to affect C. parryi var. fernandina and its habitat at both 
sites into the future.
    Since the publication of the proposed rule, the 2017 CCA was 
completed, which provides for additional conservation areas that are 
intended to increase the number and extent of spineflower occurrences 
within the plant's historic range. The additional conservation areas at 
the Santa Clarita population, which total approximately 825 ac (334 
ha), are contiguous with or adjacent to the existing San Martinez 
Grande and Potrero preserves established under the SCP. These areas are 
intended to expand the area of protected conservation land for C. 
parryi var. fernandina and increase the extent of protected occurrence 
locations within the Santa Clarita population to buffer it from 
detrimental effects of loss of habitat and individuals and the 
associated edge effects, including Argentine ant invasion.
    Introduction sites outside of the Santa Clarita population include 
an additional conservation area of 357 ac (144 ha) located in the Simi 
Valley watershed on the southern boundary of Newhall Land property in 
Ventura County; an additional conservation area of approximately 316 ac 
(128 ha) located on Newhall Land property in the Castaic Mesa area in 
northern Los Angeles County, near a known extirpated population 
location; and an additional conservation area located in a 7-ac (2.8-
ha) portion of the Petersen Ranch Mitigation Bank adjacent to Elizabeth 
Lake, also near a known extirpated population location.
    Introduction of C. parryi var. fernandina at historically occupied 
but currently extirpated sites and at new sites decreases the risk of 
having small, isolated populations for C. parryi var. fernandina into 
the future. When we issued the proposed rule, we concluded that having 
small, isolated populations was a current and future population-level 
threat to the plant (Factor E). Since the publication of the proposed 
rule, the 2017 CCA was developed and is being implemented to increase 
future populations and habitats for C. parryi var. fernandina.
    At this time, under PECE, we have determined that the conservation 
actions outlined in the 2017 CCA are sufficiently certain to be 
implemented and effective such that they should be considered in our 
assessment of status. These conservation actions significantly reduce 
the identified threats, including having small, isolated populations 
(Factor E), and their impacts to C. parryi var. fernandina and its 
habitat. Thus, the best scientific and commercial data available 
indicate that the adverse effects of small, isolated populations to the 
continued existence of C. parryi var. fernandina is not a threat to the 
continued existence of the plant now nor will it be in the foreseeable 
future.

Nonnative, Invasive Plants (Factors A and E)

    Nonnative, invasive plants include nonnative vegetation that occurs 
within or adjacent to habitat that supports C. parryi var. fernandina. 
In particular, we focused on the impacts of nonnative grasses and other 
fast-invading, nonnative annual plants because they are abundant at 
both sites and are efficient at displacing native vegetation.
    When we issued the proposed rule (81 FR 63454, September 15, 2016), 
we determined that this stressor would likely affect C. parryi var. 
fernandina and its habitat at both sites into the future, but at a 
decreased severity. Newhall Land provided funding for the management of 
the Laskey Mesa population, including control of nonnative, invasive 
vegetation. At the Santa Clarita population, the proposed development 
of Newhall Ranch would convert areas that currently contain nonnative 
vegetation to urban areas, thereby reducing the total acreage of 
nonnative vegetation at this site, but this ground disturbance would 
also create additional opportunities for nonnative plants to invade 
urban edges of C. parryi var. fernandina preserves and natural open 
space. In general, nonnative weedy species are often edge species and 
become more prevalent or increase in abundance, while rare and 
sensitive species and species that were once widespread tend to decline 
(Hilty et al. 2006, pp. 42-45).
    The 2017 CCA provides for Newhall Land to voluntarily implement 
conservation measures described in the introduction plan with the goal 
of establishing new, protected C. parryi var. fernandina occurrences 
within the plant's historical range. Weed control is an important 
component of the introduction plan and will be implemented at all 
additional conservation areas. The first year of the seeding trials 
demonstrated successful plant establishment from both broadcast seeding 
and salvaged topsoil and documented positive effects from weeding. 
Confirmation that the weed control method used in the seeding trials is 
effective in improving performance of the plant has important positive 
implications both for the introduction plan and for management of 
occupied habitat within the SCP preserves.
    In our September 15, 2016, proposed rule, we concluded that 
nonnative, invasive plants are abundant at both Laskey Mesa and Santa 
Clarita populations, reduce available habitat quality, compete with C. 
parryi var. fernandina for resources, and increase potential for 
wildfire. We also concluded that this stressor historically affected 
Laskey Mesa and Santa Clarita populations and will continue to affect 
C. parryi var. fernandina and its habitat at both sites into the 
future, but at a lower level than historically. Management actions will 
reduce the presence and impact of nonnative, invasive grasses that 
would be

[[Page 11467]]

implemented in the near future and would be effective in reducing this 
stressor. When we issued the proposed rule, we concluded that 
nonnative, invasive plants are a population-level threat to C. parryi 
var. fernandina (loss of individuals) and its habitat (Factors A and 
E). Since the publication of the proposed rule, the 2017 CCA was 
developed and signed that now provides additional protected habitat for 
C. parryi var. fernandina by increasing future populations and habitats 
where weeds will be controlled. At this time, under PECE, we have 
determined that the conservation actions outlined in the 2017 CCA are 
sufficiently certain to be implemented and effective such that they 
should be considered in our assessment of the status. These 
conservation actions significantly reduce the identified threats, 
including historical and future loss of habitat from nonnative, 
invasive plants (Factors A and E), and their impacts to C. parryi var. 
fernandina and its habitat. Thus, the best scientific and commercial 
data available indicate that the stressor of invasive, nonnative plants 
is not a threat to the continued existence of C. parryi var. fernandina 
now nor will it be in the foreseeable future.

Argentine Ants (Factor E)

    Argentine ants may impact pollination and seed dispersal vectors of 
C. parryi var. fernandina. Based on the best available information, 
Argentine ants have not historically impacted the Laskey Mesa or Santa 
Clarita populations of C. parryi var. fernandina. Currently, at Laskey 
Mesa, Argentine ants are present in close proximity, but they were not 
encountered in areas occupied by C. parryi var. fernandina because, 
presumably, the conditions are too dry and thus unsuitable (Sapphos 
2000, pp. 6-8). At Santa Clarita, as of February 2016, Argentine ants 
were present within two SCP preserves, Entrada and Potrero (Dudek, 
2016b, pp. 17, 20), in the Santa Clara River corridor (Dudek 2016b, 
entire), at Middle Canyon Spring (Dudek 2010a, p. 130), and in the 
existing utility corridor that runs along the southern portion of the 
property and through the Entrada Preserve (Dudek 2016b, p. 17).
    At Laskey Mesa, we do not expect Argentine ants will impact C. 
parryi var. fernandina in the future as there is no anticipated change 
in land use. At Santa Clarita, Argentine ants already occur, and we 
would expect them to occur within development areas and open areas 
adjacent to the preserves in the future after development of the 
proposed Newhall Ranch (Dudek 2010a, p. 130; Dudek 2016b, pp. 4-20).
    In our September 15, 2016, proposed rule, we determined that loss 
of habitat and individuals and the associated edge effects including 
proliferation of Argentine ants at the Santa Clarita population are 
likely to decrease habitat quality, reducing resiliency at this 
population. The 2017 CCA includes establishing additional C. parryi 
var. fernandina occurrences at the Santa Clarita population, including 
three additional conservation areas totaling approximately 825 ac (334 
ha) that are contiguous with or adjacent to the existing San Martinez 
Grande and Potrero preserves established under the SCP. These 
additional conservation areas are intended to increase the extent of 
protected C. parryi var. fernandina occurrences within the Santa 
Clarita population to buffer it from detrimental effects of loss of 
habitat and individuals and the associated edge effects, including 
Argentine ant invasion.
    The additional conservation area adjacent to the existing Potrero 
preserve is at risk of invasion by Argentine ants. The two additional 
conservation areas adjacent to the existing San Martinez Grande 
preserve are farther from existing or proposed development (see Figure 
2, above). None of the adjacent land uses near San Martinez Grande 
poses a heightened threat of Argentine ant invasion (Dudek 2016, p. 6). 
These additional conservation areas are not expected to be at risk of 
invasion from Argentine ants and should contribute to C. parryi var. 
fernandina numbers and recruitment at the Santa Clarita population. 
Pollination and seed dispersal vectors are therefore expected to remain 
healthy at these sites. Argentine ants are not considered to be a 
significant long-term risk to C. parryi var. fernandina at the 
introduction sites outside of the Santa Clarita population because they 
are all well separated from areas supporting potential source 
populations of Argentine ants, such as urban development areas.
    The 2017 CCA describes that annual Argentine ant monitoring will be 
conducted as part of the ongoing habitat maintenance and appropriate 
control measures consistent with the Argentine Ant Control Plan for 
Newhall Ranch (Dudek 2014, entire) in the event that invasion occurs. 
If Argentine ants invade, Newhall Land proposes control methods as part 
of an integrated pest management plan to remove Argentine ants and 
mitigate for the absence of native pollinators within the preserves 
(Dudek 2014c, pp. 25-42). Qualified pest control professionals and 
conservation managers will review and approve any control or mitigation 
plan.
    When we issued the proposed rule, we concluded that Argentine ants 
are a current and future population-level threat to C. parryi var. 
fernandina (loss of individuals) (Factor E). Since the publication of 
the proposed rule, the 2017 CCA was developed and signed, which will 
expand the area of protected conservation land for C. parryi var. 
fernandina and increase the extent of protected occurrences within the 
Santa Clarita population to buffer it from detrimental effects of 
Argentine ant invasion. Argentine ants may still affect some portion of 
the Santa Clarita population, but by increasing the overall resiliency 
of the population to those effects by increasing numbers and area for 
the spineflower, the effects of Argentine ants, including loss of 
pollinators and seed dispersers, are not expected to result in 
meaningful impacts at the population scale. At this time, under PECE, 
we have determined that the conservation actions outlined in the 2017 
CCA are sufficiently certain to be implemented and effective such that 
they should be considered in our assessment of status. These 
conservation actions significantly reduce the identified threats, 
including Argentine ants (Factor E), and their impacts to C. parryi 
var. fernandina and its habitat. Thus, the best scientific and 
commercial data available indicate that Argentine ants are not a threat 
to the continued existence of C. parryi var. fernandina now nor will 
they be in the foreseeable future.

Climate Change (Factors A and E)

    The term ``climate'' refers to the mean and variability of 
different types of weather conditions over time, with 30 years being a 
typical period for such measurements, although shorter or longer 
periods also may be used (IPCC 2014, p. 119). The term ``climate 
change'' thus refers to a change in the mean or variability of one or 
more measures of climate (for example, temperature or precipitation) 
that persists for an extended period, typically decades or longer, 
whether the change is due to natural variability, human activity, or 
both (IPCC 2014, p. 120). A recent synthesis report of climate change 
and its effects is available from the Intergovernmental Panel on 
Climate Change (IPCC) (IPCC 2014, entire).
    There is no way to measure past impacts at either population 
associated with climate change. Compared to historical or baseline 
temperature and precipitation measurements, projections of climate 
change in the south coast region of California indicate that 
precipitation will decrease slightly and

[[Page 11468]]

temperature will increase slightly by mid-century. The response of C. 
parryi var. fernandina may be similar to other plant species with a 
similar life history. A growing body of literature discusses the 
specific mechanisms by which climate change could affect the abundance, 
distribution, and long-term viability of plant species, as well as 
current habitat configuration over time, including, but not limited to, 
Root et al. (2003), Parmesan and Yohe (2003), and Visser and Both 
(2005). Some of the responses by plants to climate change presented by 
these studies and others include the following:
    1. Drier conditions may result in less suitable habitat, or a lower 
germination success and smaller population sizes;
    2. Higher temperatures may inhibit germination, dry out soil, or 
affect pollinator services;
    3. The timing of pollinator life cycles may become out-of-sync with 
timing of flowering;
    4. A shift in the timing and nature of annual precipitation may 
favor expansion in abundance and distribution of nonnative species; and
    5. Drier conditions may result in increased fire frequency, making 
the ecosystems in which a species currently grows more vulnerable to 
threats of nonnative plant invasion.
    Overall, although many climate models generally agree about 
potential future changes in temperature and precipitation, their 
consequent effects on vegetation are more uncertain, as is the rate at 
which any such changes might be realized. It is not clear how or when 
changes in vegetation type or plant species composition will affect the 
distribution of C. parryi var. fernandina. Therefore, uncertainty 
exists when determining the level of impact climate change may have on 
C. parryi var. fernandina or its habitat. At the time of the proposed 
listing, based on the analysis in the Species Report (Service 2016, pp. 
73-78) and summarized above, the best available information did not 
allow us to reliably project responses of C. parryi var. fernandina to 
indicate that climate change is a threat to the continued existence of 
the plant or its habitat now or in the future, although we continue to 
seek additional information concerning how climate change may affect 
the plant and its habitat (Factors A and E).
    Since the publication of the proposed rule, the 2017 CCA was 
developed and signed. The actions in the 2017 CCA will result in at 
least two new self-sustaining, persistent C. parryi var. fernandina 
occurrences and will increase the number of ecoregions in which C. 
parryi var. fernandina is represented. Increasing the number of 
ecoregions in which the plant is represented is intended to improve the 
ability of the plant to adapt to changing environmental conditions into 
the future. Ecoregions denote areas of general similarity in ecosystems 
through analysis of patterns of biotic and abiotic phenomena, including 
geology, physiography, vegetation, climate, soils, land use, wildlife, 
and hydrology; level IV is the finest ecoregion level developed by the 
Environmental Protection Agency (Environmental Protection Agency 2016). 
Currently, there are only two C. parryi var. fernandina populations, 17 
mi (27 km) apart, representing only one level IV ecoregion. Increasing 
the number of ecoregions in which the species occurs may increase the 
ability of the plant to adapt to a changing environment, which may 
decrease the risk of future extirpation of the plant under climate 
change. The two existing C. parryi var. fernandina populations are 
located in the Venturan-Angeleno Coastal Hills ecoregion. The 
additional conservation area in the Castaic Mesa area in northern Los 
Angeles County, near a known extirpated population location, is within 
the Southern California Lower Montane Shrubland Woodland ecoregion. The 
additional conservation area located in the Petersen Ranch Mitigation 
Bank adjacent to Elizabeth Lake near a known extirpated population 
location is within the Arid Montane Slopes ecoregion.
    In our September 15, 2016, proposed rule, based on the analysis in 
the Species Report (Service 2016, pp. 73-78), we determined that we did 
not have reliable information to indicate that climate change is a 
threat to C. parryi var. fernandina or its habitat now or in the future 
(Factors A and E). Uncertainty about the effects of climate change on 
the plant remains. Therefore, we do not have reliable information to 
indicate that climate change is a threat to C. parryi var. fernandina 
habitat now or in the future (Factors A and E).

Wildfire (Factor E)

    In our Species Report, we concluded that wildfire directly impacts 
C. parryi var. fernandina where they co-occur, but that this impact is 
temporary until vegetation reestablishes post fire (Service 2016, 
pp.73-76). The extent of direct impacts may depend on the severity of 
the fire, which is a function of its intensity (heat output) and 
duration. A high-intensity (i.e., hotter) and/or long duration fire 
would be more likely to incinerate seeds than a fire that is lower 
intensity (i.e., cooler) and/or has a shorter duration (i.e., is faster 
moving) (McGraw 2017, p. 4). Seed germination of related taxa, Parry's 
spineflower, appears to be inhibited by fire (Ellstrand 1994 and Ogden 
1999, in CBI 2000, pp. 4, 13). A study on the effects of fire on Ben 
Lomond spineflower (Chorizanthe pungens var. hartwegiana) found that 
fire directly reduced seed germination during the first year after the 
fire (McGraw 2017, p. 5).
    Despite the effect of direct scorching, fire may prove beneficial 
to C. parryi var. fernandina by creating openings in ground cover and 
temporarily reducing competition (CBI 2000, p. 13). The Ben Lomond 
spineflower study found that fire indirectly facilitated Ben Lomond 
spineflower by removing accumulative leaf litter and creating openings 
for seedlings (McGraw 2017, p. 5). However, by creating such open 
areas, wildfire expands the footprint of invasive annual plants that 
are more likely to ignite and carry fire than much of the native flora, 
thereby creating a feedback mechanism.
    The Rye Fire on Newhall Ranch began on December 5, 2017, and burned 
approximately 2,845 ac (1,150 ha) of land within the boundaries of the 
SCP area. Of the seven SCP preserves, four were burned (Grapevine Mesa, 
Airport Mesa, Spring, and Potrero). The westernmost portion of the 
Airport Mesa preserve burned while the entirety of the Spring, 
Grapevine, and Potrero preserves burned. Of the 20-ac (8-ha) cumulative 
C. parryi var. fernandina occupied area within the SCP, approximately 
13 ac (5 ha) were affected by the Rye Fire (approximately 66 percent of 
total cumulative occupied area since 2002), including 4 ac (1.6 ha) in 
the Grapevine Mesa preserve, 5 ac (2 ha) in Airport Mesa preserve, less 
than 1 ac (0.4 ha) in the Spring preserve, and 1 ac (0.4 ha) in the 
Potrero preserve (Dudek 2017, pp. 14-15). Approximately 3 ac (1.2 ha) 
of C. parryi var. fernandina habitat outside the SCP preserves were 
affected by the fire; of that area, approximately 1 ac (0.4 ha) was no 
longer occupied at the time of the fire, because this area lies within 
the Mission Village Project Site, and Newhall Land had previously 
conducted soil salvage in the C. parryi var. fernandina occupied area 
as an SCP conservation measure (Dudek 2017, pp. 14-15). This soil was 
stored off site at the time of the fire and was not burned.
    The intensity of the Rye Fire on Newhall Ranch was characterized as 
light (Watershed Emergency Response Team 2018, pp. 18-20). Based on 
field testing, the California Geological Survey found that within the 
mapped fire perimeter, 64 percent of the area was

[[Page 11469]]

classified as very low/unburned, 34 percent as low, and 2 percent as 
moderate; no area was classified as high (Watershed Emergency Response 
Team 2018, pp. 18-20). The severity of the Rye Fire was similar to or 
generally less than the most recent fires on Newhall Ranch in C. parryi 
var. fernandina habitat, the 2003 Verdale Fire and 2007 Magic Fire. 
Severity in burn areas was generally low in the Magic Fire and very low 
to moderate in the Verdale Fire (Dudek 2017, p. 10). At the Laskey Mesa 
population, the Devonshire-Parker Fire (1967) burned a portion of the 
C. parryi var. fernandina; the Clampett Fire (1970) burned most of the 
plants; and the Dayton Fire (1982) and Topanga Fire (2005) burned all 
C. parryi var. fernandina plants onsite. These fires had relatively 
short intervals between burn events, between 2 and 18 years.
    If the Rye Fire promotes the invasion and spread of exotic plants, 
it will degrade habitat for C. parryi var. fernandina. In the 2016 
Species Report, we found that small native annuals like C. parryi var. 
fernandina cannot compete with fast-growing nonnative plants (i.e., 
grasses) for light, water, and soil nutrients (Service 2016, pp. 39-
44). Chorizanthe parryi var. fernandina's size, density, and biomass 
were all found to be negatively correlated with exotic plant cover 
during the observational studies conducted as part of habitat 
characterization (McGraw 2017, p. 20). In addition, by manipulating the 
cover of exotic plants through weed whacking, the 2016 seeding trials 
demonstrated that exotic plants reduce population growth rate by 
significantly reducing C. parryi var. fernandina seedling 
establishment, survivorship, flower production, and seed set through 
competition (McGraw and Thomson 2017, p. 14).
    Numerous previous wildfire events have occurred on Newhall Ranch 
since 1913, including at least 12 since 1983 (excluding the 2017 Rye 
Fire), and several of these fires have affected extensive areas of 
spineflower-occupied habitat (Dudek 2017, p. 10). Chorizanthe parryi 
var. fernandina monitoring began on Newhall Ranch in 2002. Two fires 
have affected the Santa Clarita population since then. The 2003 Verdale 
Fire burned almost the entire San Martinez Grande preserve area. The 
2007 Magic Fire burned portions of the Grapevine Mesa and Entrada 
preserve areas. Both the 2003 Verdale Fire and the 2007 Magic Fire 
occurred in October, after C. parryi var. fernandina surveys had been 
conducted for that year.
    Large year-to-year fluctuations in population numbers make it 
difficult to discern pre- and post-burn trends in C. parryi var. 
fernandina. As an annual plant that exhibits large fluctuations in 
aboveground population size, abundance appears to track to annual 
climatic variability, particularly amount of rainfall (Dudek 2010a, pp. 
18-20; Dudek 2012, p. 12; McGraw 2012, entire). Surveys conducted 
following the fires that occurred on Newhall Ranch in 2003 and 2007 
show that year-to-year fluctuations in C. parryi var. fernandina 
occupied area and population numbers within burned areas have generally 
been consistent with fluctuations in unburned areas (Dudek 2017, p. 
11). In addition, no significant patterns relating historical fire 
frequency to C. parryi var. fernandina cover, density, survival to 
flower, or size were observed in 2014 (McGraw 2017, p. 3). However, C. 
parryi var. fernandina cover, density, and size were all generally 
negatively correlated with the cover of shrubs, which increases with 
time after fire, suggesting that C. parryi var. fernandina may do 
better in terms of density and size in more recently burned areas 
(McGraw 2017, p. 3).
    We expect relatively minor effects from the Rye Fire on arthropods 
that could be C. parryi var. fernandina pollinators. Jones et al. 
(2004) conducted pollinator studies on C. parryi var. fernandina 
populations on Newhall Ranch and Ahmanson Ranch, and found that one of 
the dominant floral visitors on Newhall Ranch was little red ant and 
the dominant floral visitors at the Ahmanson Ranch were two species of 
ants: The pyramid ant and the southern fire ant. Matsuda et al. (2011, 
entire) investigated the effect of broad-scale wildfire on ground 
foraging ants within southern California. They found a net negative 
effect of fire on the overall diversity of ground foraging ants likely 
because of changes in community structure rather than the loss of 
species richness. Although they found a negative effect of fire on ant 
diversity, the increases in overall species diversity in both the fire-
impacted and reference plots suggest that ground-foraging ants may be 
relatively resilient to fire because only about 2 percent of an ant 
colony is active on the surface, thus limiting direct mortality. They 
also suggest that unburned patches within a burn area can provide 
refuge for ants and source populations for recolonization of burned 
areas.
    Fire suppression activities may impact C. parryi var. fernandina 
and its habitat, including clearing vegetation for fire and fuel breaks 
or spreading retardant. Fire retardant is known to act as a fertilizer 
that enhances the growth of nonnative grasses (Avery 2001, pp. 17-18). 
During the Rye Fire, Airport Mesa was the only SCP preserve where Phos-
Chek (i.e., aerial applied fire retardant) was dropped. It covered 
approximately 5 ac (2 ha) of the preserve and less than 1 ac (0.4 ha) 
of the cumulative spineflower area in that preserve. Also in the 
Airport Mesa Preserve, an existing road and a portion of undisturbed 
lands were used by vehicles during the fire (Dudek 2017, p. 15).
    In 2011, the Service issued a biological and conference opinion 
based on our review of the continued aerial application of fire 
retardants, including Phos-Chek, on National Forest System Lands and 
its effects on 75 species listed as endangered or threatened, or 
proposed for listing, and on designated critical habitat in accordance 
with section 7 of the Act (Service 2011, entire). This opinion did not 
directly address effects to C. parryi var. fernandina. However, it 
addressed effects to the slender-horned spineflower (Dodecahema 
leptoceras) (Service 2011, pp. 411-414). Our analyses found that fire 
retardant applications could impact the plant via short-term (1 to 2 
growing seasons) phytotoxic effects, including leaf burning, shoot die-
back, a decrease in germination, and plant death. However, the more 
likely effects to the species would be that nonnative plants could be 
enhanced by fire retardant application and impact population. Fire 
retardants contain nitrogen and phosphorus that could act as nutrients. 
While fire retardant could enhance nonnative plants, it could also 
enhance slender-horned spineflower growth.
    The effects of Phos-Check were also examined as part of the Ben 
Lomond spineflower study (McGraw 2017, pp. 5-6). There were no 
biologically meaningful increases in the cover or richness of exotic 
plants within the Phos-Chek treated areas. This may reflect the dense 
shrub and tree cover in these areas, which limits the ability of light-
limited exotic plants to establish, or the Phos-Chek nutrients might 
have been readily taken up by native plants, or readily flushed from 
the sandy-soil system.
    Monitoring of C. parryi var. fernandina on Newhall Ranch within the 
SCP preserves will continue to evaluate the performance of the Santa 
Clarita population post-Rye Fire. If the monitoring shows that 
management is needed to address direct or indirect effects of the fire, 
measures will be incorporated into annual work plans as required by the 
SCP and reviewed by the Spineflower Adaptive Management

[[Page 11470]]

Working Group. The primary anticipated post-fire preserve management 
activity involves monitoring and controlling weeds that may invade 
burned areas following the fire event, particularly if they exceed 30 
percent relative cover (Dudek 2017, p. 7).
    Additional information about the effects of the fire on C. parryi 
var. fernandina will be obtained through the second year of monitoring 
of the 2016 seeding trial study plots. The Rye Fire burned 7 of the 10 
experimental blocks (groups of treatment plots) into which spineflower 
seed was sown and topsoil was placed to evaluate the effects of seeding 
methods and habitat treatment (weeding, irrigation, and soil 
compaction) on spineflower establishment (McGraw 2017, pp. 7-8). During 
monitoring of the plots in the 2018 growing season, rates of seedling 
establishment, survivorship, growth, and reproduction can be compared 
across plots that burned and those that did not burn.
    Given the large C. parryi var. fernandina occupied area and 
potentially suitable habitat affected by the Rye Fire (approximately 13 
ac (5 ha) or 66 percent of the cumulative occupied area of the Santa 
Clarita population), the fire has the potential to affect the 
distribution and performance of the population both directly and 
indirectly, with these effects having the potential to result in 
positive or negative outcomes. Overall, the Rye Fire falls within the 
historical range of fires on Newhall Ranch in terms of size and 
severity (i.e., generally light burning and little evidence of deep 
soil charring), and we expect that the plant will be affected by this 
fire similarly to past fires, where year-to-year fluctuations in C. 
parryi var. fernandina occupied area and population numbers within 
burned areas were generally consistent with fluctuations in unburned 
areas (Dudek 2017, p. 11). The biggest concern is that fire may promote 
the invasion and spread of nonnative, invasive grasses that out-compete 
small native annuals like C. parryi var. fernandina. The effects of the 
Rye Fire on C. parryi var. fernandina may depend on the climate in the 
ensuing years. Monitoring conducted under the SCP will continue to 
evaluate the performance of the population, in terms of cover, density, 
and size of plants, within the SCP preserves, and if the monitoring 
shows that management is needed to address direct or indirect effects 
of the fire, such as an increase in nonnative, invasive grasses, 
measures will be incorporated into annual work plans and implemented 
(Dudek 2017, p. 7). Therefore, the best scientific and commercial data 
available indicate that the stressor of wildlife is not a threat to the 
continued existence of C. parryi var. fernandina now nor will it likely 
be in the foreseeable future.

Synergistic Effects

    When stressors occur together, one stressor may exacerbate the 
effects of another stressor, causing effects not accounted for when 
stressors are analyzed individually. Synergistic effects may be 
observed in a short amount of time or may not be noticeable for years 
into the future, and could affect the long-term viability of C. parryi 
var. fernandina. Stressors that could act synergistically on C. parryi 
var. fernandina include development; having small, isolated 
populations; nonnative, invasive plants; Argentine ants; wildfire; and 
potentially climate change. At the Laskey Mesa site, the presence of 
nonnative, invasive grasses increases the frequency of wildfire, which 
in turn creates more open area for nonnative, invasive plants to grow 
that are more likely to ignite and carry fire than native vegetation 
(Keeley et al. 2005, p. 2123). At the Santa Clarita site, the future 
development of Newhall Ranch would directly remove 24 percent of the C. 
parryi var. fernandina population, fragmenting the habitat between the 
occurrences of C. parryi var. fernandina, which will create edge 
effects around remaining occurrences within C. parryi var. fernandina 
preserves, and increase the risk of invasion of Argentine ants and 
nonnative, invasive plants. When we issued our September 15, 2016, 
proposed rule, we determined that when considered together, the impact 
of these stressors has the potential to be high. Even though the impact 
of each of these stressors may be low to moderate under current 
conditions, the proposed development of Newhall Ranch, which would 
occur over the next 25 years, will likely exacerbate the impact of the 
stressors while confining the C. parryi var. fernandina population at 
this site to small patches of suitable habitat adjacent to and bordered 
by urban development. At the time of the proposed listing, we also 
determined that long-term future impacts may increase synergistic 
effects, and it is unknown if C. parryi var. fernandina will be able to 
adapt to the potential synergistic effect of stressors. Since the 
publication of the proposed rule, the 2017 CCA was developed and 
signed, and is being implemented; the 2017 CCA now provides additional 
populations and protected habitat for C. parryi var. fernandina.
    At the Laskey Mesa site, we anticipate that management actions will 
be undertaken to manage the proliferation of nonnative, invasive 
grasses. At the Santa Clarita site, the 2017 CCA conservation efforts 
will expand the area of protected conservation land for the plant and 
will increase the extent of protected locations within the Santa 
Clarita population to buffer it from detrimental effects. Argentine 
ants may still affect some portion of the Santa Clarita population, but 
by increasing the overall resiliency of the population to those effects 
by increasing numbers and area for the spineflower, the effects of 
Argentine ants, including some loss of pollinators and seed dispersers, 
is not expected to have significant impacts at the population scale. 
Weeding will decrease the impacts of nonnative, invasive plants. 
Additional conservation areas associated with the 2017 CCA outside the 
Santa Clarita population are not at risk from Argentine ant invasion; 
weeding will also take place. Increasing the overall redundancy of C. 
parryi var. fernandina with additional populations and distributing 
those populations across different ecoregions improves the ability of 
the plant to withstand small-scale stressors, as well as catastrophic 
events. At this time, under PECE, we have determined that the 
conservation actions outlined in the 2017 CCA are sufficiently certain 
to be implemented and effective such that the actions will 
significantly reduce the identified threats, including their 
synergistic effects, to C. parryi var. fernandina and its habitat. 
Thus, the best scientific and commercial data available indicate that 
synergistic effects acting on C. parryi var. fernandina or its habitat 
are not a threat to the continued existence of the plant now nor will 
they be in the foreseeable future.

Resiliency, Redundancy, and Representation

    We use the principles of resiliency, redundancy, and representation 
as a lens to evaluate current and future effects to C. parryi var. 
fernandina. Resiliency describes the ability of a species to withstand 
stochastic disturbance. Resiliency is positively related to population 
size and growth rate, and may be influenced by connectivity among 
populations. Generally speaking, populations need abundant individuals 
within habitat patches of adequate area and quality to maintain 
survival and reproduction in spite of disturbance.
    Redundancy describes the ability of a species to withstand 
catastrophic events. It is about spreading risk among multiple 
populations to minimize the

[[Page 11471]]

potential loss of the species from catastrophic events. Redundancy is 
characterized by having multiple, resilient populations distributed 
within the species' ecological settings and across the species' range. 
It can be measured by population number, resiliency, special extent, 
and degree of connectivity.
    Representation describes the ability of a species to adapt to 
changing environmental conditions overtime. It is characterized by the 
breadth of genetic and environmental diversity within and among 
populations. Measures may include the number of varied niches occupied, 
the gene diversity, and heterozygosity of alleles per locus.
    In our September 15, 2016, proposed rule (81 FR 63454) to list 
Chorizanthe parryi var. fernandina as a threatened species, we 
concluded that, overall, redundancy and representation are currently 
reduced and resiliency is likely to decrease in the future, bringing 
into question whether C. parryi var. fernandina can sustain itself in 
the face of environmental fluctuations and random, naturally occurring 
events.
Resiliency
    In our proposed rule, we determined that loss of habitat and 
individuals and the associated edge effects (i.e., proliferation of 
invasive, nonnative plants and Argentine ants) at the Santa Clarita 
population are likely to decrease habitat quality, reducing resiliency 
at this population and increasing the overall risk to the plant from 
random, naturally occurring events. The portions of the 2017 CCA that 
intend to establish additional C. parryi var. fernandina occurrences at 
the Santa Clarita population (Areas 1-3 in Figure 2, above) include 
three additional conservation areas totaling approximately 825 ac (334 
ha) that are contiguous with or adjacent to the existing San Martinez 
Grande and Potrero preserves established under the SCP. These areas are 
intended to expand the area of protected conservation land for C. 
parryi var. fernandina and increase the extent of protected occurrences 
within the Santa Clarita population to buffer it from detrimental 
effects of loss of habitat and individuals and the associated edge 
effects.
    Given that invasion by invasive, nonnative plants and Argentine 
ants could occur, all additional conservation areas will be monitored 
and managed for these stressors. The enhancement areas surrounding 
introduction sites will help minimize invasion of nonnative plant 
species, which could threaten the quality of the habitat for C. parryi 
var. fernandina occupation. The overall maintenance program described 
in the introduction plan, which will occur throughout the duration of 
the 10-year maintenance and monitoring period, directs enhancement 
efforts in the additional conservation areas to focus on: (1) Reducing 
annual nonnative/exotic plant species cover and competition to help 
facilitate C. parryi var. fernandina establishment, persistence, and 
recruitment; (2) increasing native species cover and diversity in 
disturbed areas, particularly in areas surrounding introduction sites 
that function as a buffer; and (3) providing regulation and protection 
of the preserve boundaries from unauthorized human activity and 
intrusion.
    As of February 2016, Argentine ants were present within two SCP 
preserves at the Santa Clarita population, Entrada and Potrero (Dudek, 
2016, pp. 17, 20). Therefore, the additional conservation area adjacent 
to the existing Potrero preserve is at risk of invasion by Argentine 
ants. The two additional conservation areas adjacent to the existing 
San Martinez Grande preserve are farther from existing or proposed 
development (see Figure 2, above). None of the adjacent land uses near 
San Martinez Grande poses a heightened threat of Argentine ant invasion 
(Dudek 2016, p. 6); therefore, these additional conservation areas are 
not expected to be at risk of invasion Argentine ants and should 
contribute to C. parryi var. fernandina numbers and recruitment at the 
Santa Clarita population. Section 2.4 of the introduction plan 
describes that annual Argentine ant monitoring will be conducted as 
part of the ongoing habitat maintenance and appropriate control 
measures consistent with the Argentine Ant Control Plan for Newhall 
Ranch (Dudek 2014, entire) will be implemented in the event that 
invasion occurs. If Argentine ants invade, Newhall Land proposes 
control methods as part of an integrated pest management plan to remove 
Argentine ants and mitigate for the absence of native pollinators 
within the preserves (Dudek 2014c, pp. 25-42). Qualified pest control 
professionals and conservation managers will review and approve any 
control or mitigation plan.
    Overall, increasing the number and health of the plants at the 
Santa Clarita population with introduction and enhancement is expected 
to increase the overall resiliency of the population to potential 
proliferation of invasive, nonnative plants and the effects of 
Argentine ant invasion. The two additional conservation areas adjacent 
to the San Martinez Grande preserve are at low risk of invasion by 
invasive, nonnative plants and Argentine ants, and should contribute to 
C. parryi var. fernandina numbers and recruitment at the Santa Clarita 
population in the event that the additional conservation area adjacent 
to the Potrero preserve becomes invaded by Argentine ants and control 
measures are unsuccessful.
    The introduction sites outside of the Santa Clarita population 
include an additional conservation area of 357 ac (144 ha) located in 
the Simi Valley watershed on the southern boundary of Newhall Land 
property in Ventura County (Area 5 in Figure 2, above); an additional 
conservation area of approximately 316 ac (128 ha) located on Newhall 
Land property in the Castaic Mesa area in northern Los Angeles County, 
near a known extirpated population location (Area 4 in Figure 2); and 
an additional conservation area located in a 7-ac (2.8-ha) portion of 
the Petersen Ranch Mitigation Bank adjacent to Elizabeth Lake, also 
near a known extirpated population location (Area 6 in Figure 2). 
Argentine ants are not considered to be a significant long-term risk to 
C. parryi var. fernandina at these introduction sites because they are 
all well separated from areas supporting potential source populations, 
such as urban development areas. Supplemental watering will be 
delivered through a water truck rather than a permanent point of 
connection to a live water line to minimize the potential for the 
introduction of Argentine ants. The enhancement areas surrounding 
introduction sites are intended to help minimize invasion of nonnative 
plant species, which could threaten the quality of the habitat for C. 
parryi var. fernandina occupation.
Redundancy
    In our proposed rule, we determined that with only two extant 
populations, there may not be sufficient redundancy to sustain C. 
parryi var. fernandina over the long term, given current and future 
stressors acting upon the populations. The additional conservation 
areas proposed in the introduction plan are intended to further 
increase the number and extent of C. parryi var. fernandina within its 
historic range. The 2017 CCA provides for Newhall Land to introduce C. 
parryi var. fernandina within portions of the additional conservation 
areas with the goal of establishing at least two new self-sustaining, 
persistent occurrences to at least double the redundancy of the 
spineflower. C. parryi var. fernandina introduction will occur on a 
total of at least 10 ac (4 ha) within the additional conservation 
areas: (1) Three additional conservation areas totaling approximately 
825 ac (334 ha)

[[Page 11472]]

are contiguous with or adjacent to the existing San Martinez Grande and 
Potrero preserves established under the SCP (all of which would be 
considered part of the Santa Clarita population); (2) an additional 
conservation area of 357 ac (144 ha) is located in the Simi Valley 
watershed on the southern boundary of Newhall Land property in Ventura 
County; (3) an additional conservation area of approximately 316 ac 
(128 ha) is located on Newhall Land property in the Castaic Mesa area 
in northern Los Angeles County, near a known extirpated population 
location; and (4) an additional conservation area containing 
introduction sites is located in a 7-ac (2.8-ha) portion of the 
Petersen Ranch Mitigation Bank adjacent to Elizabeth Lake, also near a 
known extirpated population location.
Representation
    In our proposed rule, we determined that the two C. parryi var. 
fernandina populations represent only one level IV ecoregion (EPA 
2016), down from five historically, which theoretically may decrease 
the ability of the plant to adapt to changing environmental conditions 
into the future. The goal of the 2017 CCA is to establish at least two 
new self-sustaining, persistent C. parryi var. fernandina occurrences, 
at least one of which will be in a different ecoregion from the 
existing populations to increase the number of ecoregions in which the 
species is represented (see Figure 2, above). The two existing 
populations are located in the Venturan-Angeleno Coastal Hills 
ecoregion. The additional conservation area in the Castaic Mesa area in 
northern Los Angeles County, near a known extirpated population 
location, is within the Southern California Lower Montane Shrubland 
Woodland ecoregion. The additional conservation area located in the 
Petersen Ranch Mitigation Bank adjacent to Elizabeth Lake near a known 
extirpated population location is within the Arid Montane Slopes 
ecoregion. Establishing at least two new self-sustaining, persistent 
spineflower occurrences where at least one is in a different ecoregion 
from the existing populations should improve the ability of the plant 
to adapt to changing environmental conditions into the future.
    In conclusion, based on our high certainty that these efforts will 
be implemented and be effective, we conclude that the nature and extent 
of threats identified in our September 15, 2016, proposed rule (81 FR 
63454) are adequately addressed. The threats identified in the proposed 
rule include reduced resiliency due to habitat fragmentation and 
associated edge effects (i.e., proliferation of Argentine ants) at the 
Santa Clarita population, reduced redundancy with only two extant 
populations, and reduced representation down to one ecoregion from five 
historically across the range of C. parryi var. fernandina. The 2017 
CCA and associated introduction plan have identified the types of 
threats to the plant and include actions to address these threats, 
including the establishment of at least two new self-sustaining, 
persistent C. parryi var. fernandina occurrences, at least one of which 
will be in a different ecoregion from the existing populations on a 
total of at least 10 ac (4 ha) within the additional conservation 
areas. Permanent conservation instruments will be recorded over each of 
the additional conservation areas to ensure that the habitat values are 
maintained and that all initial habitat enhancement and introduction 
activities and perpetual management and monitoring will be funded.

Determination of Species Status

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species meets the definition of ``endangered species'' or 
``threatened species.'' The Act defines an ``endangered species'' as a 
species that is ``in danger of extinction throughout all or a 
significant portion of its range,'' and a ``threatened species'' as a 
species that is ``likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range.'' 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.

Determination of Status Throughout All of Its Range

    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to C. parryi var. fernandina including development (Factors A and E); 
nonnative, invasive plants (Factors A and E), Argentine ants (Factor 
E); wildfire (Factor E); and potentially climate change (Factors A and 
E) acting on the small, isolated populations (Factor E) of C. parryi 
var. fernandina. Our analysis of this information indicates that these 
stressors are not of sufficient imminence, intensity, or magnitude to 
indicate that C. parryi var. fernandina is in danger of extinction or 
likely to become an endangered species within the foreseeable future 
throughout all of its range.
    Since the publication of the September 15, 2016, proposed rule, the 
2017 CCA was developed and signed, and is being implemented; the 2017 
CCA provides for additional populations and protected habitat for C. 
parryi var. fernandina. The additional conservation areas proposed in 
the C. parryi var. fernandina introduction plan are intended to further 
increase the number and extent of the spineflower within its historic 
range. The actions in the 2017 CCA will result in at least two new 
self-sustaining, persistent C. parryi var. fernandina occurrences and 
will increase the number of ecoregions in which the plant is 
represented. This effort is expected to double the number of extant C. 
parryi var. fernandina occurrences. At the Santa Clarita population, 
the extent of protected occurrences will be increased to buffer the 
population from edge effects, such as Argentine ant invasion. At both 
Santa Clarita and the Laskey Mesa populations, we anticipate that 
management actions will be undertaken to manage the proliferation of 
nonnative, invasive grasses. Increasing the overall redundancy of C. 
parryi var. fernandina with additional populations and distributing 
those populations across different ecoregions improves the ability of 
the plant to withstand small-scale stressors, as well as catastrophic 
events. Increasing the number of ecoregions in which the spineflower is 
represented is intended to improve the ability of the plant to adapt to 
changing environmental conditions into the future. Thus, after 
assessing the best available information, we conclude that C. parryi 
var. fernandina is not in danger of extinction throughout all of its 
range nor is it likely to become so in the foreseeable future.
    Because we determined that C. parryi var. fernandina is not in 
danger of extinction or likely to become so in the foreseeable future 
throughout all of its range, we will consider whether there are any 
significant portions of its range in which C. parryi var. fernandina is 
in danger of extinction or likely to become so in the foreseeable 
future.

[[Page 11473]]

Determination of Status Throughout a Significant Portion of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is an endangered species or a threatened species 
throughout all or a significant portion of its range. The Act defines 
``endangered species'' as any species that is ``in danger of extinction 
throughout all or a significant portion of its range,'' and 
``threatened species'' as any species that is ``likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.'' The term ``species'' includes ``any 
subspecies of fish or wildlife or plants, and any distinct population 
segment [DPS] of any species of vertebrate fish or wildlife which 
interbreeds when mature.'' We published a final policy interpreting the 
phrase ``significant portion of its range'' (SPR) (79 FR 37578, July 1, 
2014). The final policy states that (1) if a species is found to be an 
endangered or a threatened species throughout a significant portion of 
its range, the entire species is listed as an endangered or a 
threatened species, respectively, and the Act's protections apply to 
all individuals of the species wherever found; (2) a portion of the 
range of a species is ``significant'' if the species is not currently 
an endangered species or a threatened species throughout all of its 
range, but the portion's contribution to the viability of the species 
is so important that, without the members in that portion, the species 
would be in danger of extinction, or likely to become so in the 
foreseeable future, throughout all of its range; (3) the range of a 
species is considered to be the general geographical area within which 
that species can be found at the time the Service makes any particular 
status determination; and (4) if a vertebrate species is an endangered 
species or a threatened species throughout an SPR, and the population 
in that significant portion is a valid DPS, we will list the DPS rather 
than the entire taxonomic species or subspecies.
    The SPR policy is applied to all status determinations, including 
analyses for the purposes of making listing, delisting, and 
reclassification determinations. The procedure for analyzing whether 
any portion is an SPR is similar, regardless of the type of status 
determination we are making. The first step in our analysis of the 
status of a species is to determine its status throughout all of its 
range. If we determine that the species is in danger of extinction, or 
likely to become so in the foreseeable future, throughout all of its 
range, we list the species as an endangered (or threatened) species and 
no SPR analysis will be required. If the species is neither an 
endangered nor a threatened species throughout all of its range, we 
determine whether the species is an endangered or a threatened species 
throughout a significant portion of its range. If it is, we list the 
species as an endangered or a threatened species, respectively; if it 
is not, we conclude that listing the species is not warranted.
    When we conduct an SPR analysis, we first identify any portions of 
the species' range that warrant further consideration. The range of a 
species can theoretically be divided into portions in an infinite 
number of ways. However, there is no purpose to analyzing portions of 
the range that are not reasonably likely to be significant and either 
an endangered or a threatened species. 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 in those 
portions or likely to become so within the foreseeable future. We 
emphasize that answering these questions in the affirmative is not a 
determination that the species is an endangered or a threatened species 
throughout a significant portion of its range--rather; it is a step in 
determining whether a more detailed analysis of the issue is required. 
In practice, a key part of this analysis is whether the threats are 
geographically concentrated in some way. If the threats to the species 
are affecting it uniformly throughout its range, no portion is likely 
to warrant further consideration. Moreover, if any concentration of 
threats apply only to portions of the range that clearly do not meet 
the biologically based definition of ``significant'' (i.e., the loss of 
that portion clearly would not be expected to increase the 
vulnerability to extinction of the entire species); those portions will 
not warrant further consideration.
    If we identify any portions that may be both (1) significant and 
(2) endangered or threatened, we engage in a more detailed analysis to 
determine whether these standards are indeed met. The identification of 
an SPR does not create a presumption, prejudgment, or other 
determination as to whether the species in that identified SPR is an 
endangered or a threatened species. We must go through a separate 
analysis to determine whether the species is an endangered or a 
threatened species in the SPR. To determine whether a species is an 
endangered or a threatened species throughout an SPR, we will use the 
same standards and methodology that we use to determine if a species is 
an endangered or a threatened species throughout its range.
    Depending on the biology of the species, its range, and the threats 
it faces, it may be more efficient to address the ``significant'' 
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 an endangered or a threatened species 
there; if we determine that the species is not an endangered or a 
threatened species in a portion of its range, we do not need to 
determine if that portion is ``significant.''
    Applying the process described above to identify whether any 
portions warrant further consideration, we determine whether there are 
any particular portions where (1) the portions may be significant and 
(2) the species may be in danger of extinction or likely to become so 
within the foreseeable future. To identify portions that may be 
significant, we consider whether any natural divisions within the range 
might be of biological or conservation importance. To identify portions 
where the species may be in danger of extinction or likely to become so 
in the foreseeable future, we consider whether the threats are 
geographically concentrated in any portion of the species' range.
    We evaluated the range of Chorizanthe parryi var. fernandina to 
determine if any area may be a significant portion of the range. We 
determine whether a portion is significant by considering the 
importance of the members in that portion to the conservation of the 
species. To be significant, a portion must be of such importance to the 
species that the hypothetical loss of the members in that portion would 
cause the entire species to be in danger of extinction or likely to 
become so in the foreseeable future throughout the remainder of its 
range. In this determination, we are not forecasting the outcome of our 
evaluation of the portion's status; rather, we are only hypothesizing 
what the status of the species would be if the members of the species 
in that portion were to be extirpated.
    Because there are only two extant Chorizanthe parryi var. 
fernandina populations (Santa Clarita population and Laskey Mesa 
population) 17 mi (27 km) apart, we determined that either the Santa 
Clarita population portion or the Laskey Mesa population portion of the 
range may be considered significant. At the same time, we also examined

[[Page 11474]]

whether either portion, the Santa Clarita population or the Laskey Mesa 
population, might be endangered or threatened as a result of a 
geographic concentration of threats. We determine the status of the 
species in a portion of its range the same way we determine the status 
of a species throughout all of its range. We consider whether threats 
are reasonably likely to affect the species in that portion to such an 
extent that the species is in danger of extinction or likely to become 
so in the foreseeable future in that portion.
    When we issued our September 15, 2016, proposed rule (81 FR 63454), 
we determined that the Laskey Mesa population was currently affected by 
nonnative, invasive grasses; effects of small, isolated populations; 
and potentially climate change. We also determined at the time we 
issued that proposed rule that the Santa Clarita population was 
affected by nonnative, invasive grasses; Argentine ants; effects of 
small, isolated populations; and potentially climate change. The Santa 
Clarita population would also be affected in the future by the proposed 
Newhall Ranch development project, which would result in removal of 24 
percent of the C. parryi var. fernandina population at this site. 
Therefore, the Santa Clarita population portion of the C. parryi var. 
fernandina's range would be affected by a greater concentration of 
stressors than the Laskey Mesa population portion. At the time of the 
proposed listing, this greater concentration of the stressors at the 
Santa Clarita population was considered to be significant, so this 
population may have met the definition of threatened or endangered in 
that portion of the range.
    However, in considering whether the geographic concentration of 
threats in the Santa Clarita portion of the range are such that the 
species may be threatened or endangered there, we now consider how the 
implementation of the 2017 CCA have and will continue to ameliorate 
these threats. With the implementation of the 2017 CCA, as discussed 
above, we have determined that the Santa Clarita portion of C. parryi 
var. fernandina's range currently does not meet the definition of a 
threatened or endangered species.
    As summarized under Ongoing and Future Conservation Efforts and 
Summary of PECE Analysis above, we have a high degree of certainty that 
the 2017 CCA will continue to be implemented and will be effective. The 
CCA provides for Newhall Land to voluntarily implement conservation 
measures with the goal of establishing new, protected spineflower 
occurrences within its historical range, such that no future C. parryi 
var. fernandina population will be one of only two small, isolated 
populations (Factor E). For the Santa Clarita population, increasing 
the extent of protected C. parryi var. fernandina occurrences within 
that population will help buffer it from detrimental effects of loss of 
habitat and individuals and the associated edge effects, such as 
invasion of nonnative plants (Factors A and E) and Argentine ants 
(Factor E), such that these stressors are not having significant 
impacts in this portion of the range currently or into the future. For 
the Laskey Mesa population, with additional funding and management 
forthcoming and no future land use changes anticipated, we conclude 
that stressors affecting this population, such as invasion of nonnative 
plants (Factors A and E), are not having significant impacts in this 
portion of the range.
    We have identified portions (both Santa Clarita and Laskey Mesa) of 
C. parryi var. fernandina's range that may be significant. We also 
identified a portion (Santa Clarita population) where the species may 
be in danger of extinction or likely to become so in the foreseeable 
future, as a result of a greater concentration of threats. However, the 
best information available does not support a conclusion that the 
species may be in danger of extinction or likely to become so in the 
foreseeable future in the Santa Clarita portion of the range given the 
conservation efforts in the 2017 CCA. Also, while the Laskey Mesa 
portion of the range may be significant, there is no concentration of 
threats in that portion that would lead us to conclude that the species 
may be in danger of extinction or likely to become so in the 
foreseeable future. Therefore, neither portion of C. parryi var. 
fernandina's range warrants a detailed SPR analysis.

Determination of Status

    We have carefully assessed the best scientific and commercial data 
available regarding the past, present, and future threats to 
Chorizanthe parryi var. fernandina. We have determined that the 
conservation efforts have sufficient certainty of implementation and 
effectiveness such that they can be relied upon in this final listing 
determination. Further, we conclude that conservation efforts have 
reduced or eliminated current and future threats to C. parryi var. 
fernandina to the point that it is not in danger of extinction now 
throughout all or significant portions of its range, nor is it likely 
to become so within the foreseeable future throughout all or any 
significant portion of its range; therefore, C. parryi var. fernandina 
does not meet the definition of an endangered species or threatened 
species. As a consequence of this determination, we are withdrawing our 
proposed rule to list C. parryi var. fernandina as a threatened 
species.

References Cited

    A complete list of references cited in this document is available 
on http://www.regulations.gov under Docket No. FWS-R8-ES-2016-0078 and 
upon request from the Ventura Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this document are the staff members of the 
Ventura Fish and Wildlife Office.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: January 26, 2018
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, Exercising the 
Authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-05081 Filed 3-14-18; 8:45 am]
 BILLING CODE 4333-15-P