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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Rules and Regulations
concentrated with any portion of the range of Bradshaws lomatium, or will be within the foreseeable future Factor C.
Current State and Federal protections appear adequate to address the loss of Bradshaws lomatium habitat throughout its range, and we do not foresee changes to these protections in the foreseeable future Factor D. As described above, we do not consider habitat loss to be concentrated within any portion of its range. Of the two known sites containing Bradshaws lomatium in southwestern Washington, one is protected through ownership by the WDNR. Although the second, larger site lacks formal protection, it faces no currently known threat of habitat loss or degradation, either now or within the foreseeable future. Additionally, the WDNR continues to make efforts to provide additional conservation at the site. Bradshaws lomatium remains listed as endangered by the State of Washington.
Concerns over the possibility of inbreeding depression expressed at the time of listing are now reduced due to a subsequent study indicating that overall genetic diversity in Bradshaws lomatium is relatively high for a rare species Gitzendanner and Soltis 2001, pp. 352353, and is greater than that found in other rare Lomatium species Gitzendanner and Soltis 2000, p. 787.
Although the most disjunct population in southwestern Washington showed relatively lower genetic diversity than less geographically isolated populations Gitzendanner and Soltis 2001, p. 353, the threat of inbreeding depression is considered reduced, as we now understand Bradshaws lomatium to be primarily an outcrossing species which promotes increased genetic diversity, rather than an obligate self-pollinating species as was believed at the time of listing Service 2018, pp. 7, 20. We have no information indicating that inbreeding depression constitutes a threat to the viability of Bradshaws lomatium in any part of its range, now or in the foreseeable future.
In our SSA report, we assessed the potential impacts of climate change on Bradshaws lomatium projected up to 50
years in the future, and conservatively evaluated a future scenario in which the potential negative effects of climate change were such that all populations were reduced in size by up to 50
percent. Under such a scenario, we estimated that populations currently in low condition or with very low abundance may be extirpated due to the combined effects of climate change impacts and stochastic events; this translated to an estimated loss of up to
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five small populations, with other populations reduced in size. However, even with a presumed 50 percent reduction in abundance, at least 14 to 16
populations of Bradshaws lomatium in moderate or high condition are expected to remain throughout the range with ongoing management. We, therefore, have no information to indicate that other natural or manmade factors pose a threat to the continued existence of Bradshaws lomatium Factor E, now or within the foreseeable future, in any portion of the range.
Although the types, magnitude, or extent of potential cumulative impacts are difficult to predict, we are not aware of any combination of factors that are likely to co-occur with significant negative consequences for the species within any portion of its range. We anticipate that any negative consequence of co-occurring threats will be successfully addressed through the same active management actions that have contributed to the ongoing recovery of Bradshaws lomatium and that are expected to continue into the future.
We found no concentration of threats in any portion of Bradshaws lomatiums range at a biologically meaningful scale. Therefore, no portion of the species range can provide a basis for determining that the species is in danger of extinction now or likely to become so in the foreseeable future in a significant portion of its range, and we find the species is not in danger of extinction now or likely to become so in the foreseeable future in any significant portion of its range. This is consistent with the courts holdings in Desert Survivors v. Department of the Interior, No. 16cv01165JCS, 2018 WL
4053447 N.D. Cal. Aug. 24, 2018, and Center for Biological Diversity v. Jewell, 248 F. Supp. 3d, 946, 959 D. Ariz.
2017.
Determination of Status Our review of the best available scientific and commercial information indicates that Bradshaws lomatium does not meet the definition of an endangered species or a threatened species in accordance with sections 36
and 320 of the Act. Therefore, we are removing Bradshaws lomatium from the List of Endangered and Threatened Plants.
Effects of This Rule This rule revises 50 CFR 17.12h to remove Bradshaws lomatium from the Federal List of Endangered and Threatened Plants. On the effective date of this rule see DATES, above, the prohibitions and conservation measures
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provided by the Act, particularly through sections 7 and 9, no longer apply to this species, and Federal agencies are no longer required to consult with the Service under section 7 of the Act in the event that activities they authorize, fund, or carry out may affect Bradshaws lomatium. There is no critical habitat designated for this species, so there will be no change to 50
CFR 17.96.
Post-Delisting Monitoring Section 4g1 of the Act requires the Secretary of the Interior, through the Service and in cooperation with the States, to implement a monitoring program for not less than 5 years for all species that no longer meet the definition of endangered or threatened and, therefore, have been delisted. The purpose of this post-delisting monitoring is to verify that a species remains secure from risk of extinction after the protections of the Act have been removed. The monitoring is designed to detect the failure of any delisted species to sustain itself without the protective measures provided by the Act. If, at any time during the monitoring period, data indicate that the protective status under the Act should be reinstated, we can initiate listing procedures, including, if appropriate, emergency listing under section 4b7
of the Act. Section 4g of the Act explicitly requires us to cooperate with the States in post-delisting monitoring programs, but we remain responsible for compliance with section 4g of the Act and, therefore, must remain actively engaged in all phases of post-delisting monitoring. We also seek active participation of other entities that are expected to assume responsibilities for the species conservation post-delisting.
We prepared a post-delisting monitoring plan for Bradshaws lomatium. The plan discusses the current status of the species and describes the methods for monitoring the species subsequent to its removal from the Federal List of Endangered and Threatened Plants. The final postdelisting monitoring plan is available at http www.regulations.gov under Docket No. FWSR1ES20190013.
We will work closely with our partners to maintain the recovered status of Bradshaws lomatium and ensure postdelisting monitoring is conducted and future management strategies are implemented as necessary to benefit Bradshaws lomatium.

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