Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6063 

Post-Delisting Monitoring Overview 

A post-delisting monitoring plan was 

developed in partnership with the BLM. 

The post-delisting monitoring has been 

designed to verify that San Benito 

evening-primrose remains secure from 

risk of extinction after its removal from 

the Federal List of Endangered and 

Threatened Plants by detecting changes 

in population trends of known 

occurrences. The Act has a minimum 

post-delisting monitoring requirement 

of 5 years; however, if populations 

decline in abundance past the defined 

threshold in the post-delisting 

monitoring plan, or a substantial new 

threat arises, post-delisting monitoring 

may be extended or modified and the 

status of the species will be reevaluated. 

Post-delisting monitoring will occur 

for 5 years with the first year of 

monitoring beginning the first spring 

following the publication of the final 

delisting rule. Post-delisting monitoring 

will annually census aboveground 

individuals within the 27 occurrences 

listed in the Recovery Plan, which are 

also the 27 occurrences that have been 

used to evaluate population trends in 

the final rule. Annual monitoring of 

disturbance frequency and intensity will 

also occur annually in conjunction with 

the annual census. Seed bank 

quantification will occur in years 2 and 

5 to determine if there has been a loss 

of viable seed across the range of habitat 

types. Woody vegetation structure will 

be evaluated in year 5 and compared to 

data collected in 2020, the year the 

proposed rule was published, to 

evaluate potential changes in habitat 

suitability across habitat types and 

historical disturbance levels. A final 

post-delisting monitoring plan for the 

species can be found at https://

www.regulations.gov under Docket No. 

FWS–R8–ES–2019–0065. We will work 

closely with our partners to maintain 

the recovered status of the San Benito 

evening-primrose and ensure postdelisting monitoring is conducted and 

future management strategies are 

implemented (as necessary) to benefit 

the San Benito evening-primrose. 

Required Determinations 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.), need not be 

prepared in connection with 

determining a species’ listing status 

under the Endangered Species Act. We 

published a notice outlining our reasons 

for this determination in the Federal 

Register on October 25, 1983 (48 FR 

49244). This position was upheld by the 

U.S. Court of Appeals for the Ninth 

Circuit (Douglas County v. Babbitt, 48 

F.3d 1495 (9th Cir. 1995), cert. denied 

516 U.S. 1042 (1996)). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

There are no Tribal lands associated 

with this final rule, and we did not 

receive any comments on the proposed 

rule from Tribes. 

References Cited 

A complete list of all references cited 

in this final rule is available on the 

internet at https://www.regulations.gov 

under Docket No. FWS–R8–ES–2019– 

0065, or upon request from the Ventura 

Fish and Wildlife Office (see FOR

FURTHER INFORMATION CONTACT). 

Authors 

The primary authors of this final rule 

are the staff members of the Ventura 

Fish and Wildlife Office in Ventura, 

California, in coordination with the 

Pacific Southwest Regional Office in 

Sacramento, California. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 

Regulation Promulgation 

Accordingly, we hereby amend part 

17, subchapter B of chapter I, title 50 of 

the Code of Federal Regulations, as set 

forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

§ 17.12 [Amended] 

■ 2. Amend § 17.12, in paragraph (h), by 

removing the entry for ‘‘Camissonia 

benitensis’’ under Flowering Plants from 

the List of Endangered and Threatened 

Plants. 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2022–02010 Filed 2–2–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2019–0025; 

FF09E22000 FXES1113090FEDR 223] 

RIN 1018–BD45 

Endangered and Threatened Wildlife 

and Plants; Reclassification of Morro 

Shoulderband Snail From Endangered 

to Threatened With Section 4(d) Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are 

reclassifying the Morro shoulderband 

snail (Helminthoglypta walkeriana) 

from endangered to threatened under 

the Endangered Species Act of 1973, as 

amended (Act). This action is based on 

our evaluation of the best available 

scientific and commercial information, 

which indicates that the species’ status 

has improved such that it is not 

currently in danger of extinction 

throughout all or a significant portion of 

its range, but that it is still likely to 

become so in the foreseeable future. We 

also finalize a rule issued under section 

4(d) of the Act that provides for the 

conservation of the Morro shoulderband 

snail. In addition, we update the Federal 

List of Endangered and Threatened 

Wildlife to reflect the latest 

scientifically accepted taxonomy and 

nomenclature for the species as 

Helminthoglypta walkeriana, Morro 

shoulderband snail. 

DATES: This rule is effective March 7, 

2022. 


khammond on DSKJM1Z7X2PROD with RULES
6064 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

ADDRESSES: This final rule is available 

on the internet at https://

www.regulations.gov. Comments and 

materials we received, as well as 

supporting documentation we used in 

preparing this rule, are available for 

public inspection at https://

www.regulations.gov under Docket No. 

FWS–R8–ES–2019–0025. 

FOR FURTHER INFORMATION CONTACT: 

Stephen P. Henry, Field Supervisor, 

U.S. Fish and Wildlife Service, Ventura 

Fish and Wildlife Office, 2493 Portola 

Road, Suite B, Ventura, CA 93003; 

telephone 805–644–1766. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Actions 

On December 15, 1994, we published 

a final rule (59 FR 64613) listing 

Helminthoglypta walkeriana (Morro 

shoulderband snail (=banded dune 

snail)) as endangered. This taxon 

contained two entities: H. walkeriana 

(what we now consider the Morro 

shoulderband snail) and H. walkeriana 

morroensis (what we now consider the 

Chorro shoulderband snail). At the time 

of listing in 1994, we thought the 

subspecific entity morroensis was 

extinct and that there may have been as 

few as several hundred individuals of 

Helminthoglypta walkeriana remaining 

(59 FR 64613, p. 64615, December 15, 

1994); consequently, we did not 

consider the morroensis subspecies to 

be part of the listed entity. 

In 1997, the subspecific entity 

morroensis was rediscovered at North 

Point Natural Area near the northern 

limit of Morro Bay (Roth and Tupen 

2004, p. 3). In subsequent years, it was 

found in other areas as well. In 1998, we 

completed the Recovery Plan for the 

Morro Shoulderband Snail and Four 

Plants from Western San Luis Obispo 

County (Service 1998, entire), and in 

2001, we designated critical habitat for 

the Morro shoulderband snail (66 FR 

9233; February 7, 2001). Both the 

recovery plan and critical habitat 

addressed only Helminthoglypta 

walkeriana and not the subspecific 

entity morroensis, as explained above. 

In 2004, a taxonomic analysis was 

completed that elevated these 

subspecific taxa to full species: 

Helminthoglypta walkeriana and H. 

morroensis (Roth and Tupen 2004, 

entire). After 2004, H. walkeriana and 

H. morroensis were associated with the 

common names Morro shoulderband 

snail and Chorro shoulderband snail, 

respectively. Also in 2004, in an attempt 

to provide clarity on what was the listed 

entity, the Ventura Fish and Wildlife 

Office issued a ‘‘Dear Stakeholders and 

Interested Parties’’ letter stating we 

would no longer be regulating the 

Chorro shoulderband snail (Service 

2004, entire). 

However, in 2006, the Service 

completed a 5-year review for both the 

Morro and Chorro shoulderband snails 

and recommended downlisting Morro 

shoulderband snail from endangered to 

threatened and delisting Chorro 

shoulderband snail (Service 2006, 

entire), even though the Chorro 

shoulderband snail had previously not 

been treated as part of the listed entity. 

Neither entity, Helminthoglypta 

walkeriana morroensis or the newly 

recognized Helminthoglypta morroensis, 

was ever formally added to the Federal 

List of Endangered and Threatened 

Wildlife. Because of its confusing 

history, however, we determined that it 

was most appropriate to now complete 

a listing assessment to determine 

whether or not the Chorro shoulderband 

snail meets the definition of an 

‘‘endangered species’’ or of a 

‘‘threatened species’’ in the Act (16 

U.S.C. 1531 et seq.). Using the results of 

our evaluation in the species status 

assessment (SSA) report, we reaffirm 

our 5-year review that the information 

on the threats to the Chorro 

shoulderband snail does not support the 

species being listed as endangered or 

threatened under the Act. Since 

Helminthoglypta morroensis is not 

currently included on the Federal List of 

Endangered and Threatened Wildlife, 

no revision to the list is needed to 

implement this determination. 

On July 24, 2020, we published a 

proposed rule (85 FR 44821) to 

reclassify the Morro shoulderband snail 

(Helminthoglypta walkeriana) from an 

endangered to a threatened species 

under the Act. In that proposed rule, we 

also announced the availability of a 

species assessment form constituting 

our full determination and threats 

analysis regarding the status of the 

Chorro shoulderband snail (Service 

2020, entire), which is available on the 

internet at https://www.regulations.gov 

under Docket No. FWS–R8–ES–2019– 

0025. 

Summary of Changes From the 

Proposed Rule 

This final rule incorporates two minor 

substantive changes to our July 24, 

2020, proposed rule (85 FR 44821). 

First, we made a slight edit to the 

preamble text of the rule issued under 

section 4(d) rule of the Act (‘‘4(d) rule’’) 

to remove reference to a specific fire 

protection plan. We made this change to 

clarify that any fire protection plan 

meeting the standards set out in the 4(d) 

rule will be exempted from take 

prohibitions. Additionally, based on a 

public comment, we clarified the effect 

of conservation on the downlisting of 

the Morro shoulderband snail. We made 

no other substantive changes from the 

July 24, 2020, proposed rule in this final 

rule. 

Supporting Documents 

A species status assessment (SSA) 

team prepared an SSA report for the 

Morro shoulderband snail and the 

Chorro shoulderband snail (Service 

2019). The SSA team was composed of 

Service biologists, in consultation with 

other species experts. The SSA report 

represents a compilation of the best 

scientific and commercial data available 

concerning the status of the species, 

including the impacts of past, present, 

and future factors (both negative and 

beneficial) affecting the species. In 

accordance with our joint policy on peer 

review published in the Federal 

Register on July 1, 1994 (59 FR 34270), 

and our August 22, 2016, memorandum 

updating and clarifying the role of peer 

review of listing actions under the Act, 

in 2018, we sent the SSA report to peer 

reviewers with expertise in snail 

ecology, microhabitat, and distribution, 

which included three experts from 

partner agencies: The California 

Department of Fish and Wildlife 

(CDFW), the California Department of 

Parks and Recreation (hereafter, State 

Parks), and the County of San Luis 

Obispo. We received six responses, 

including from two reviewers from 

partner agencies: Biologists at State 

Parks and the County of San Luis 

Obispo. We incorporated the results of 

those reviews, as appropriate, into the 

final SSA report, which is the 

foundation for this final rule. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6065 

I. Reclassification Determination 

Background 

It is our intent to discuss only those 

topics directly related to the 

reclassification of Morro shoulderband 

snail from an endangered species to a 

threatened species in this final rule. 

Below, we summarize the conclusions 

of the SSA report, including the species 

description, ecology, habitat, and 

resource needs. We also discuss 

recovery plan implementation. In our 

SSA report, we define viability as the 

ability of the species to sustain 

populations in the wild over time and 

provide a thorough account of the 

species’ overall condition currently and 

into the future. The full SSA report is 

available on the internet at https://

www.regulations.gov under Docket No. 

FWS–R8–ES–2019–0025. 

Species Description 

The Morro shoulderband snail 

belongs to the land snail genus, 

Helminthoglypta (Ancey 1887), which 

contains three subgenera comprising 

more than 100 species and subspecies. 

Morro shoulderband snail shells are 

umbilicate (having a depression at the 

center), globose (spherical), reddish 

brown to chestnut in color, thin, and 

slightly translucent (Roth 1985, p. 5). 

The shell has five to six whorls and a 

single, narrow (2 to 2.5 millimeters 

(mm) (0.08 to 0.1 inches (in.))), dark 

spiral band on the ‘‘shoulder’’ with thin 

light-yellowish margins above and 

below. Sculptural features of the shell 

include incised spiral grooves, spiral 

and transverse striae (grooves) that give 

the surface a checkerboard-like look, 

and papillae (small, round protrusions) 

at the intersections of some of the striae 

(Walgren 2003, p. 93). Adult shell 

dimensions range from 18 to 29 mm (0.7 

to 1.1 in.) in diameter and from 14 to 25 

mm (0.6 to 1.0 in.) in height (Roth 1985, 

p. 5). 

Species Ecology, Habitat, and Resource 

Needs 

In general, we know very little about 

the specific life history of Morro 

shoulderband snails. Using information 

compiled for other Helminthoglypta 

species (van der Laan 1975a, entire; 

1975b, entire; 1980, entire), we infer 

information and apply it to the species, 

where appropriate. Like many species of 

Helminthoglypta that occur in 

Mediterranean climate regions of 

California, the Morro shoulderband 

snail has adapted to changing 

environmental conditions by having a 

two-part life cycle. While feeding, 

reproduction, and most individual 

growth occur during the rainy season 

(Roth 1985, p. 13), individuals spend 

the majority of the year in aestivation 

(prolonged dormancy) to survive the 

drier seasons (Belt 2018, pers. comm.). 

Refugia used for the aestivation phase of 

the life cycle for the Morro 

shoulderband snail appear to be 

opportunistic in nature. They can 

include native and nonnative plant 

species, including dense clumps of 

native and nonnative grasses; young 

patches of ice plant (Carpobrotus spp.); 

cactus (Opuntia spp.); and 

anthropogenic features and debris (e.g., 

stockpiled construction materials, 

wood, cement, plastic) (Roth and Tupen 

2004, p. 17; SWCA 2013–2017, entire; 

Dugan 2018, pers. comm.). 

For Helminthoglypta species living in 

California, most activity occurs during 

the rainy season (Roth 1985, p. 13), and 

this is the case for Morro shoulderband 

snail. In coastal San Luis Obispo 

County, the period of greatest activity 

generally extends from October through 

April but can vary each year depending 

on the frequency and duration of 

seasonal rainfall and heavy fog/dew. 

During this period, individuals may be 

particularly active during the evening, 

night, and early morning hours when 

humidity is higher. Individuals can also 

be active during overcast and rainy days 

(van der Laan 1980, pp. 49, 52; U.S. 

Department of Agriculture (USDA) 

1999, p. 3; Tupen 2018, pers. comm.). 

The Morro shoulderband snail likely 

emerges from aestivation during and 

following periods of rainfall in search of 

food resources and for mating and egglaying activities. 

Species of Helminthoglypta, like other 

terrestrial snails, become inactive 

during prolonged dry periods and enter 

a state of aestivation where individuals 

produce an epiphragm (a seal of dried 

mucus) across the shell aperture to 

greatly reduce water and weight loss 

(van der Laan 1975b, p. 361). They 

frequently aestivate attached to the 

lower outer branches of shrubs (van der 

Laan 1975b, p. 365; Roth 1985, p. 13). 

This attachment to a substrate may 

provide additional protection from 

desiccation by forming a more complete 

seal of the aperture (van der Laan 1975b, 

p. 365). There is a possible decreased 

vulnerability to predation during 

dormancy when the attachment point is 

20– 30 centimeters (7.9–11.8 in.) above 

the ground surface (van der Laan 1975b, 

p. 365). Smaller snails tended to 

experience higher mortality rates during 

aestivation, possibly due to their thinner 

shells and higher surface-to-volume 

ratios (van der Laan 1975b, p. 364). 

Individuals come out of aestivation after 

rain events that thoroughly wet the 

environment and may regain as much as 

50 percent of their body weight back 

within 24 hours (van der Laan 1975b, p. 

364). 

Like other terrestrial snails, we expect 

the Morro shoulderband snail to have a 

patchy distribution coincident with the 

presence of suitable refugia and food 

sources. 

Species Distribution and Abundance 

Initially, Hill (1974, p. 6) and others 

projected a very limited distribution for 

Helminthoglypta walkeriana (as the 

coastal form of the banded dune snail). 

Its range was thought to extend only a 

short distance inland along the 

southeastern shore of Morro Bay to 

Shark Inlet, southward to near Islay 

Creek, and northward on the Morro Bay 

sand spit at the western edge of the 

community of Los Osos. In the listing 

rule (59 FR 64613; December 15, 1994), 

the Service expanded the range to 

include the coastal dune and coastal 

sage scrub communities underlain by 

sandy soils near Morro Bay (i.e., Los 

Osos). Based on known species 

occurrences and soil associations, we 

used the presence of Baywood Fine 

Sand soils and small areas of Dune Land 

soils to determine distribution. We 

currently estimate the distribution for 

the Morro shoulderband snail to be 

approximately 2,638 hectares (ha) (6,520 

acres (ac)) located in and around the 

community of Los Osos/Baywood Park 

and City of Morro Bay (see figure, 

below). At the time of listing, we 

estimated that there may have been as 

few as several hundred individuals of H. 

walkeriana (currently, Morro 

shoulderband snail) extant. Based on 

the most recent surveys, thousands of 

Morro shoulderband snails currently 

exist in this area (SWCA Environmental 

Consultants (SWCA) 2018, p. 7). 

BILLING CODE 4333–15–P 


khammond on DSKJM1Z7X2PROD with RULES
6066 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

BILLING CODE 4333–15–C 

Using known species occurrence and 

estimated abundance along with the 

presence of suitable soil types, we 

identified six geographic units 

(hereafter, ‘‘population areas’’) for the 

purpose of discussion in our SSA 

report. These include North Morro Bay, 

Sand Spit, Morro Bay, East Los Osos, 

Downtown Los Osos, and South Los 

Osos. For a map and detailed 

description of these population areas, 

please reference the SSA report (Service 

2019, pp. 24–29). The level of survey 

effort throughout each of the six 

population areas comprising the 

distribution of the Morro shoulderband 

snail is limited and variable. For this 

reason, we are not able to make 

comparable estimates for species 

abundance. The Downtown and South 

Los Osos population areas have been 

subject to a greater level of survey effort 

associated with required monitoring for 

the installation of infrastructure to 

connect the community of Los Osos 

with its wastewater system. Between 

2012 and 2017, more than 2,200 

individuals were found in these two 

population areas, with over 80 percent 

occurring in the Downtown Los Osos 

area (SWCA 2018, p. 5). 

Portions of the North Morro Bay, Sand 

Spit, Morro Bay, East Los Osos, and 

South Los Osos population areas are 

within State Parks ownership, but 

comprehensive surveys or monitoring 

have not been conducted. From 

discussions with State Parks biologists, 

we know Morro shoulderband snails are 

present on State Park lands in Montan ̃ a 

de Oro and Morro Bay State Parks and 


khammond on DSKJM1Z7X2PROD with RULESER03FE22.040</GPH>

Area 

of 

Detail 

• Cities 

Roads 

0 

0 

Morro Shoulderband Snail Distribution 

f ;-San Luis Obispo 

2.5 5 Mi 

2.5 51<in 

~ N 

Figure: Distribution of the Morro Shoulderband Snail (Helminthoglypta walkeriana). 
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6067 

Morro Strand State Beach, portions of 

which are found within several of the 

population areas. Data on the level of 

species occupation and condition of 

individuals is generally lacking 

(Walgren and Andreano 2018, pers. 

comm.). There have been no 

comprehensive surveys for the Morro 

shoulderband snail conducted on 

CDFW’s Morro Dunes Ecological 

Reserve (MDER); however, based on 

species observations and presence of 

suitable habitat, CDFW assumes the 

reserve contains a robust population of 

the species (Stafford 2018, pers. comm.). 

While we know the species is present 

on MDER (Service files; Stafford 2018, 

pers. comm.), there is no evidence that 

the population is robust or that large 

numbers of individuals are present. 

Survey data gathered between 2012 and 

2017 in contiguous habitat of similar 

quality and species composition 

indicate greater Morro shoulderband 

snail numbers in disturbed habitats than 

in native habitats (SWCA 2018, p. 5). 

Recovery Criteria 

Section 4(f) of the Act directs us to 

develop and implement recovery plans 

for the conservation and survival of 

endangered and threatened species 

unless we determine that such a plan 

will not promote the conservation of the 

species. Under section 4(f)(1)(B)(ii), 

recovery plans must, to the maximum 

extent practicable, include objective, 

measurable criteria which, when met, 

would result in a determination, in 

accordance with the provisions of 

section 4 of the Act, that the species be 

removed from the List of Endangered 

and Threatened Wildlife or the List of 

Endangered and Threatened Plants. 

Recovery plans provide a roadmap for 

us and our partners on methods of 

enhancing conservation and minimizing 

threats to listed species, as well as 

measurable criteria against which to 

evaluate progress towards recovery and 

assess the species’ likely future 

condition. However, they are not 

regulatory documents and do not 

substitute for the determinations and 

promulgation of regulations required 

under section 4(a)(1) of the Act. A 

decision to revise the status of a species 

or to delist a species is ultimately based 

on an analysis of the best scientific and 

commercial data available to determine 

whether a species is no longer an 

endangered species or a threatened 

species, regardless of whether that 

information differs from the recovery 

plan. 

There are many paths to 

accomplishing recovery of a species, 

and recovery may be achieved without 

all of the criteria in a recovery plan 

being fully met. For example, one or 

more criteria may be exceeded while 

other criteria may not yet be 

accomplished. In that instance, we may 

determine that the threats are 

minimized sufficiently and that the 

species is robust enough that it no 

longer meets the Act’s definition of an 

endangered species or a threatened 

species. In other cases, we may discover 

new recovery opportunities after having 

finalized the recovery plan. Parties 

seeking to conserve the species may use 

these opportunities instead of methods 

identified in the recovery plan. 

Likewise, we may learn new 

information about the species after we 

finalize the recovery plan. The new 

information may change the extent to 

which existing criteria are appropriate 

for identifying recovery of the species. 

The recovery of a species is a dynamic 

process requiring adaptive management 

that may, or may not, follow all of the 

guidance provided in a recovery plan. 

Below, we summarize recovery plan 

goals for the Morro shoulderband snail 

and discuss progress made toward 

meeting recovery plan objectives in 

terms of how they inform our analyses 

of the species’ status and the stressors 

affecting them. 

In 1998, we completed the Recovery 

Plan for the Morro Shoulderband Snail 

and Four Plants from Western San Luis 

Obispo County, California, which 

included recovery goals and objectives 

for Morro shoulderband snail (Recovery 

Plan; Service 1998, pp. 40–41). The 

Recovery Plan identified criteria for 

downlisting Morro shoulderband snail 

from an endangered to a threatened 

species and criteria for its delisting. The 

Recovery Plan identified four 

‘‘conservation planning areas’’ (CPAs). 

These CPAs were designed to 

incorporate areas where distribution of 

the Morro shoulderband snail and three 

other plant species covered in the plan 

overlap; thus, they are more limited 

than the population areas for the Morro 

shoulderband snail defined in the SSA. 

Our summary analysis of downlisting 

and delisting criteria follows: 

The Recovery Plan stated that 

downlisting from endangered to 

threatened can be considered when 

sufficient populations and suitable 

occupied habitats from all CPAs are 

secured and protected (Service 1998, p. 

39). These areas should be intact and 

relatively unfragmented by urban 

development. Snail populations must be 

large enough to minimize the short-term 

(next 50 years) risk of extinction on any 

of the four CPAs identified in the 

Recovery Plan, based on results of tasks 

3.2.1.1, 3.2.1.2, and 3.2.1.3 (see below) 

and on at least preliminary results from 

task 4.1. The identification and survey 

of potential habitat within the snail’s 

historic range to see if undiscovered 

populations exist are necessary to 

consider downlisting. 

All of CPA 1 (Morro Spit) and 

portions of CPAs 2, 3, and 4 (West 

Pecho, South Los Osos, and Northeast 

Los Osos) are largely secure under 

various ownerships and management 

(Service 2019, pp. 72–74). All have 

conservation easements or deed 

restrictions, or are managed by a 

conservation association for 

conservation purposes. Landowners and 

managers include the County, State 

Parks, CDFW, the Land Conservancy of 

San Luis Obispo County, Morro Coast 

Audubon Society, and the Small 

Wilderness Area Program (SWAP). 

Approximately 202 ha (500 ac) have 

been added to conserved lands since 

time of listing. This includes 56 ha (138 

ac) of parcels purchased and transferred 

to State Parks or CDFW managed for 

conservation purposes and 141 ha (348 

ac) with a conservation easement or 

deed restriction managed for 

conservation purposes. Overall, 85 

percent (approximately 1,457 ha (3,600 

ac)) of CPAs are now conserved. 

However, a lack of funding precludes 

adequate threats management on most 

of these lands (Service 2019, p. 53). 

Recovery Task 3.2.1.1 is to determine 

if brown garden snail (Cornu aspersum 

(formerly Helix aspersa)) is a 

competitive threat to the Morro 

shoulderband snail. Since the time of 

listing, we found that Morro 

shoulderband snails feed primarily on 

dead plant materials and the brown 

garden snail consumes live plant 

materials, so competition between these 

species is likely minimal (Service 2019, 

p. 75). 

Task 3.2.1.2 involves the study of 

habitat use and life-history needs of the 

Morro shoulderband snail. Monitoring 

and habitat restoration activities 

conducted in association with the 

construction of a sewer system in the 

community of Los Osos have generated 

substantial new information on the 

diversity of habitats in which the 

species can occur and numbers of 

individuals present. We also have new 

information based upon anecdotal 

observations and surveys conducted in 

association with proposed development 

in the Los Osos area (Service 2019, pp. 

28–30). 

Task 3.2.1.3 is to identify Morro 

shoulderband snail parasites and 

determine if parasitism rates are 

threatening populations. At the time of 

listing, parasitism was identified as a 

threat to the species, based on 

observations of vacant sarcophagid fly 


khammond on DSKJM1Z7X2PROD with RULES
6068 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

puparia within empty subadult shells 

(59 FR 64613, p. 64619, December 15, 

1994). Since the time of listing, there 

has been an increase in snail 

observations, but not a corresponding 

increase in sarcophagid fly pupae 

infestations of snails. A few species in 

this fly family have been documented to 

eat live material (Walgren 2003, pp. 

108–114; Service 2006, p. 7). While 

there have been no specific studies on 

the potential threats to the snail from 

these sarcophagid flies, the majority of 

flies in this family do not eat live 

organisms; thus, we conclude that the 

flies do not pose a threat to the species 

(Service 2006, p. 13). Therefore, the best 

available current evidence does not 

indicate that parasitism is a threat to the 

species. 

Finally, Task 4.1 is to monitor 

populations to document population 

dynamics and cycles to ascertain trends. 

No systematic monitoring has been 

conducted to provide data that would 

allow for trend analysis. However, based 

on the most recent surveys, thousands 

of Morro shoulderband snails were 

detected across the species’ range, as 

compared to hundreds known at the 

time of listing (Service 2019, pp. 28–30; 

SWCA 2018, p. 5; Walgren and 

Andreano 2018, pers. comm.). 

Therefore, although we do not have 

specific trend data, we conclude that we 

have still met the intent of this criterion. 

Delisting can be considered when 

habitats from all CPAs (and any newly 

located populations) are successfully 

managed to maintain the desired 

community structure and are secured 

from threats of development, invasion of 

nonnative plants, structural changes due 

to senescence of dune vegetation, 

recreational use, pesticides (including 

slug and snail baits), parasites, and 

competition or predation from 

nonnative snail species. The outcomes 

of recovery tasks must result in a low 

medium-to-long-term risk of extinction 

from any of the four CPAs (Service 

1998, p. 40). 

Our analyses in the SSA report 

indicate that the current viability of 

Morro shoulderband snail has improved 

to some degree since the time of listing 

due to information indicating there are 

substantially more individuals than 

previously thought, as well as beneficial 

effects of certain conservation efforts, 

predominantly in the form of land 

acquisition. Based on our future 

scenario analyses, the species is still at 

risk in the future due to the potential for 

development and because the level of 

continued conservation efforts and 

habitat management is uncertain. 

Currently and into the future, habitat 

loss due to development and habitat 

degradation, predominantly from 

invasive plant species, remain threats to 

the Morro shoulderband snail. 

To improve habitat for the species, the 

Morro Coast Audubon Society has a 

dedicated volunteer work force to 

remove the invasive, nonnative plant 

species Ehrharta calycina (perennial 

veldt grass) and Eucalyptus globulus 

(blue gum) seedlings at their Sweet 

Springs Preserve (outside of any CPA) 

under the direction of a recovery action 

plan. The Los Osos/Morro Bay Chapter 

of SWAP does the same for the Elfin 

Forest Reserve in CPA 4. State Parks 

staff annually prioritize areas for 

invasive species treatment on a case-bycase basis. When funding is available, 

they implement actions to control 

invasive species in Montan ̃ a de Oro 

State Park, Morro Strand State Beach, 

Morro Bay State Park, and Los Osos 

Oaks Preserve (CPAs 1 and 2, portions 

of 3 and 4, and Area A). Identified 

invasive species prioritized for removal 

include E. calycina, Conicosia 

pugioniformis (narrowleaf iceplant), 

Emex spinosa (devil’s thorn), Cortaderia 

species, and Eucalyptus species because 

they are the most invasive and 

conspicuous in the landscape. 

Lack of funding precludes most State 

of California resource agencies (e.g., 

State Parks and CDFW) from 

implementing invasive species control 

programs on lands where these species 

are present. State Parks staff have 

conducted limited prescribed burns and 

proposed additional prescribed burns to 

improve the quality of coastal dune 

scrub and central maritime chaparral 

and their constituent species within 

their park units. Fires typically kill 

snails, but if properly applied in small 

areas to create a mosaic of varying stand 

ages for coastal dune scrub and central 

maritime chaparral, such burns could 

improve the quality of these habitats for 

the Morro shoulderband snail in the 

long term. Previous threats to habitat 

resulting from illegal off-road vehicle 

activities are largely controlled; 

however, illegal trail development and 

use by hikers, mountain bikers, and 

equestrians negatively affects habitat for 

Morro shoulderband snails by 

increasing erosion, reducing native 

plant cover, and facilitating further 

invasion by nonnative plant species 

(Service 2019, pp. 75–76). 

Based on the Recovery Plan and our 

SSA report, we conclude that the status 

of the Morro shoulderband snail has 

improved throughout its range due to 

information demonstrating that there are 

substantially more individuals than 

previously thought, and due to 

conservation efforts predominantly in 

the form of land acquisition. The SSA 

report contains an accounting of known 

conservation and management efforts 

(Service 2019, pp. 23–24). Overall, our 

analysis indicates that the intent of the 

downlisting criteria for the Morro 

shoulderband snail has been met; 

however, delisting criteria have not yet 

been achieved. 

Regulatory and Analytical Framework 

Regulatory Framework 

Section 4 of the Act (16 U.S.C. 1533) 

and its implementing regulations (50 

CFR part 424) set forth the procedures 

for determining whether a species is an 

endangered species or a threatened 

species. The Act defines an 

‘‘endangered species’’ as a species that 

is in danger of extinction throughout all 

or a significant portion of its range, and 

a ‘‘threatened species’’ as a species that 

is likely to become an endangered 

species within the foreseeable future 

throughout all or a significant portion of 

its range. The Act requires that we 

determine whether any species is an 

‘‘endangered species’’ or a ‘‘threatened 

species’’ because of any of the following 

factors: 

(A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(B) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(C) Disease or predation; 

(D) The inadequacy of existing 

regulatory mechanisms; or 

(E) Other natural or manmade factors 

affecting its continued existence. 

These factors represent broad 

categories of natural or human-caused 

actions or conditions that could have an 

effect on a species’ continued existence. 

In evaluating these actions and 

conditions, we look for those that may 

have a negative effect on individuals of 

the species, as well as other actions or 

conditions that may ameliorate any 

negative effects or may have positive 

effects. We consider these same five 

factors in downlisting a species from 

endangered to threatened (see 50 CFR 

424.11(c), (d), and (e)). 

We use the term ‘‘threat’’ to refer in 

general to actions or conditions that are 

known to or are reasonably likely to 

negatively affect individuals of a 

species. The term ‘‘threat’’ includes 

actions or conditions that have a direct 

impact on individuals (direct impacts), 

as well as those that affect individuals 

through alteration of their habitat or 

required resources (stressors). The term 

‘‘threat’’ may encompass—either 

together or separately—the source of the 

action or condition or the action or 

condition itself. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6069 

However, the mere identification of 

any threat(s) does not necessarily mean 

that the species meets the statutory 

definition of an ‘‘endangered species’’ or 

a ‘‘threatened species.’’ In determining 

whether a species meets either 

definition, we must evaluate all 

identified threats by considering the 

species’ expected response and the 

effects of the threats—in light of those 

actions and conditions that will 

ameliorate the threats—on an 

individual, population, and species 

level. We evaluate each threat and its 

expected effects on the species, then 

analyze the cumulative effect of all of 

the threats on the species as a whole. 

We also consider the cumulative effect 

of the threats in light of those actions 

and conditions that will have positive 

effects on the species—such as any 

existing regulatory mechanisms or 

conservation efforts. The Secretary 

determines whether the species meets 

the definition of an ‘‘endangered 

species’’ or a ‘‘threatened species’’ only 

after conducting this cumulative 

analysis and describing the expected 

effect on the species now and in the 

foreseeable future. 

The Act does not define the term 

‘‘foreseeable future,’’ which appears in 

the statutory definition of ‘‘threatened 

species.’’ Our implementing regulations 

at 50 CFR 424.11(d) set forth a 

framework for evaluating the foreseeable 

future on a case-by-case basis. The term 

foreseeable future extends only so far 

into the future as we can reasonably 

determine that both the future threats 

and the species’ responses to those 

threats are likely. In other words, the 

foreseeable future is the period of time 

in which we can make reliable 

predictions. ‘‘Reliable’’ does not mean 

‘‘certain’’; it means sufficient to provide 

a reasonable degree of confidence in the 

prediction. Thus, a prediction is reliable 

if it is reasonable to depend on it when 

making decisions. 

It is not always possible or necessary 

to define foreseeable future as a 

particular number of years. Analysis of 

the foreseeable future uses the best 

scientific and commercial data available 

and should consider the timeframes 

applicable to the relevant threats and to 

the species’ likely responses to those 

threats in view of its life-history 

characteristics. Data that are typically 

relevant to assessing the species’ 

biological response include speciesspecific factors such as lifespan, 

reproductive rates or productivity, 

certain behaviors, and other 

demographic factors. 

Analytical Framework 

The SSA report documents the results 

of our comprehensive biological review 

of the best scientific and commercial 

data regarding the status of the species, 

including an assessment of the potential 

threats to the species. The SSA report 

does not represent our decision on 

whether the species should be 

reclassified as a threatened species 

under the Act. It does, however, provide 

the scientific basis that informs our 

regulatory decisions, which involve the 

further application of standards within 

the Act and its implementing 

regulations and policies. The following 

is a summary of the key results and 

conclusions from the SSA report; the 

full SSA report can be found on the 

internet at https://www.regulations.gov 

under Docket No. FWS–R8–ES–2019– 

0025. 

To assess Morro shoulderband snail 

viability, we used the three conservation 

biology principles of resiliency, 

redundancy, and representation (Shaffer 

and Stein 2000, pp. 306–310). Briefly, 

resiliency supports the ability of the 

species to withstand environmental and 

demographic stochasticity (for example, 

wet or dry, warm or cold years), 

redundancy supports the ability of the 

species to withstand catastrophic events 

(for example, droughts, large pollution 

events), and representation supports the 

ability of the species to adapt over time 

to long-term changes in the environment 

(for example, climate changes). In 

general, the more resilient and 

redundant a species is and the more 

representation it has, the more likely it 

is to sustain populations over time, even 

under changing environmental 

conditions. Using these principles, we 

identified the species’ ecological 

requirements for survival and 

reproduction at the individual, 

population, and species levels, and 

described the beneficial and risk factors 

influencing the species’ viability. 

The SSA process can be categorized 

into three sequential stages. During the 

first stage, we evaluated individual 

species’ life-history needs. The next 

stage involved an assessment of the 

historical and current condition of the 

species’ demographics and habitat 

characteristics, including an 

explanation of how the species arrived 

at its current condition. The final stage 

of the SSA involved making predictions 

about the species’ responses to positive 

and negative environmental and 

anthropogenic influences. Throughout 

all of these stages, we used the best 

available information to characterize 

viability as the ability of a species to 

sustain populations in the wild over 

time. We use this information to inform 

our regulatory decision. 

Summary of Biological Status and 

Threats 

Below, we review the biological 

condition of the species and its 

resources, and the threats that influence 

the species’ current and future 

condition, in order to assess the species’ 

overall viability and the risks to that 

viability. 

We note that, by using the SSA 

framework to guide our analysis of the 

scientific information documented in 

the SSA report, we have not only 

analyzed individual effects on the 

species, but we have also analyzed their 

potential cumulative effects. We 

incorporate the cumulative effects into 

our SSA analysis when we characterize 

the current and future condition of the 

species. To assess the current and future 

condition of the species, we undertake 

an iterative analysis that encompasses 

and incorporates the threats 

individually and then accumulates and 

evaluates the effects of all the factors 

that may be influencing the species, 

including threats and conservation 

efforts. Because the SSA framework 

considers not just the presence of the 

factors, but to what degree they 

collectively influence risk to the entire 

species, our assessment integrates the 

cumulative effects of the factors and 

replaces a standalone cumulative effects 

analysis. 

We reviewed the potential threats that 

could be affecting Morro shoulderband 

snails now and in the future. In this 

final rule, we discuss in detail only 

those factors that could meaningfully 

affect the status of the species. At the 

time of listing, we identified urban 

development and other anthropogenic 

activities such as recreation, grazing, 

and utility construction as threats to the 

Morro shoulderband snail (59 FR 64613; 

December 15, 1994). In the SSA report 

(Service 2019, pp. 21–64), we reviewed 

four potential threats that could be 

affecting the current condition of the 

Morro shoulderband snail 

(development, agriculture, vegetation 

management, and predation), and those 

threats and two others (wildfire, 

invasive species) that could affect the 

future condition of the species. For the 

Morro shoulderband snail, we consider 

the foreseeable future to be 30 years. 

This timeframe takes into account 

threats associated with fire, habitat 

degradation, and climate change, and 

also the implementation of the Los Osos 

Habitat Conservation Plan (LOHCP). 

The primary risk factors affecting the 

Morro shoulderband snail are the 

present and threatened modification or 


khammond on DSKJM1Z7X2PROD with RULES
6070 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

destruction of its habitat from 

development, wildfire, and invasive 

plant species (Factor A), as well as 

effects to its life cycle from changing 

climate conditions (Factor E). We also 

considered the effect of existing 

regulatory mechanisms (Factor D) on the 

magnitude of threats. Additional threats 

affecting the species’ habitat include 

agriculture (Factor A) and vegetation 

management (Factor A), and threats 

affecting the species include predation 

(Factor C); however, we have 

determined that these threats have little 

to no impact on the species’ viability. 

We also analyzed the threat of collection 

(Factor B). At the time of listing, we 

stated that the taxonomic 

distinctiveness of the Morro 

shoulderband snail made it vulnerable 

to recreational or scientific collectors. 

Since the time of listing, however, we 

are not aware of specific collection 

activities for recreational or scientific 

purposes. Therefore, we conclude that 

overcollection (Factor B) is not a threat 

to the species. 

Development 

At the time of listing, development 

was identified as one of the main threats 

impacting the Morro shoulderband 

snail. Human development consists of 

converting the landscape into 

residential, commercial, industrial, and 

recreational features, with associated 

infrastructure such as roads. Converting 

the landscape into development not 

only removes individual Morro 

shoulderband snails but also removes 

their habitat, thereby reducing the space 

available for the species to inhabit and 

functionally lowering carrying capacity. 

In addition, development results in 

indirect effects by fragmenting the 

habitat and creating edge effects, such as 

increased vulnerability to desiccation, 

fire, and predation. The effects of 

development on the Morro 

shoulderband snail are predicated upon 

several factors (e.g., how the City and 

County of San Luis Obispo revise and 

implement their respective general 

plans, the economy, water availability). 

However, as detailed in the SSA 

report, conservation actions have been 

undertaken since the time of listing to 

reduce the threat of development 

(Service 2019, pp. 24–25). 

Approximately 202 ha (500 ac) of Morro 

shoulderband snail habitat have been 

conserved since the time of listing. This 

includes 56 ha (138 ac) of parcels 

purchased and transferred to the 

California Department of Parks and 

Recreation (CDPR) or CDFW and 141 ha 

(348 ac) with conservation easement or 

deed restriction; all of these areas are 

managed for conservation purposes. 

Overall, 85 percent (approximately 

(1,457 ha (3,600 ac)) of CPAs are now 

protected from development. Although 

most lands within the species’ 

distribution outside of CPAs are not 

under formal or legal protection as open 

space or conservation easements, many 

are protected as part of a State Park, 

State of California ecological reserve, or 

parcels set aside specifically to conserve 

and enhance natural resource values. 

For example, the County of San Luis 

Obispo’s Broderson and Midtown 

parcels are both protected through deed 

restrictions that preclude development 

other than that which would enhance 

habitat that supports Morro 

shoulderband snails. With increased 

conserved lands, the threat of 

development has been reduced since the 

time of listing, but some potential 

impacts remain that could result in the 

loss of populations and thus the loss of 

representation and redundancy across 

the species’ range. For example, large 

portions of the East Los Osos and 

Downtown Los Osos population areas 

consist predominantly of public and 

private land parcels zoned for 

development. Apart from the 

protections afforded by the Act, the 

existing regulatory mechanisms do not 

address the impacts of development on 

the Morro shoulderband snail. 

Invasive Species 

Invasion of native habitat by 

nonnative plant species can reduce 

suitability for native constituent species 

that evolved in these habitats. Areas 

dominated by a single invasive plant 

species tend to support lower levels of 

animal diversity due to a reduction in 

heterogeneity as compared to the 

original native plant community (Steidl 

and Litt 2009, p. 57). The presence of 

nonnative plant species can also alter 

the abundance of native plants that 

serve as an important food source for 

herbivores, such as snails. Invasive 

plant species can increase vegetative 

cover and reduce space between native 

plant species in native communities. 

Invasive plant species can change fuel 

properties in native habitats, which can 

then affect fire behavior and alter fire 

regime characteristics such as 

frequency, severity, extent, type, and 

seasonality (Brooks et al. 2004, entire). 

In coastal dune scrub and maritime 

chaparral, native communities that 

typically support a sparse understory, 

invasive grasses, such as perennial veldt 

grass, can serve as ladder fuel to carry 

fire into these communities. Fires can 

also create an opportunity for invasive 

plant species to expand their local 

distributions and dominance (Brooks 

and Lusk 2008, p. 9). 

While once thought to be largely 

restricted to native coastal scrub 

communities underlain by sandy soils, 

Morro shoulderband snails are known to 

occur, at least in the short term, in 

disturbed areas and those dominated by 

nonnative species (e.g., perennial veldt 

grass, ice plant) (SWCA 2018, p. 5). 

Biologists and land planners typically 

classify these areas as ruderal or 

‘‘disturbed’’ and, as such, discount them 

in terms of their conservation value. 

Ruderal, disturbed, and nonnative 

grassland habitats are, therefore, subject 

to mowing, herbicide use, development, 

and other uses that put individual 

Morro shoulderband snails in these 

areas at a greater risk of injury or 

mortality than those found in native 

habitat. 

Currently, three of the six population 

areas that support the Morro 

shoulderband snail are in moderate- or 

low-quality habitat, with impacts from 

nonnative species (Service 2019, pp. 

37–38). Habitat in these areas is either 

somewhat degraded (one population 

area) (9.5 percent of species 

distribution) or highly degraded and 

fragmented (two population areas) (38.3 

percent of species distribution). 

Both the Morro Coast Audubon 

Society and SWAP conduct activities to 

improve habitat quality for the Morro 

shoulderband snail and other coastal 

dune scrub species on lands conserved 

and protected under their ownership 

and/or management (Sweet Springs 

Nature Preserve and Elfin Forest, 

respectively). These actions focus 

primarily on the removal of exotic plant 

species (perennial veldt grass, iceplant), 

restoration of coastal dune scrub, and 

erosion control. The CDPR also 

conducts similar activities on its lands 

(i.e., Montan ̃ a de Oro and Morro Bay 

State Parks and Morro Strand State 

Beach). The County of San Luis Obispo 

owns two large parcels in Los Osos, 

Broderson and Mid-Town, that support 

coastal dune scrub and, to a lesser 

extent, central maritime chaparral. 

Management actions on both parcels 

focus on the restoration and 

enhancement of habitat for the Morro 

shoulderband snail (Kevin Merk 

Associates, LLC (KMA) 2017, entire; 

County of San Luis Obispo 2017, entire). 

The Land Conservancy of San Luis 

Obispo County recently purchased 

approximately 5.7 ha (14 ac) adjacent to 

the Morro Coast Audubon Society’s 

Sweet Springs Preserve. They plan to 

enhance habitat quality for coastal dune 

scrub species, including Morro 

shoulderband snail, before transferring 

these lands to Morro Coast Audubon 

Society ownership and management 

(Theobald 2017, pers. comm.). Overall, 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6071 

while these conservation measures have 

decreased the overall impact of invasive 

plant species, degradation of native 

habitats from those species is ongoing, 

and the existing regulatory mechanisms 

do not address the impact of invasive 

species. 

Wildfire 

Morro shoulderband snails evolved in 

a fire-adapted landscape dominated by 

coastal dune scrub and maritime 

chaparral. Exposure to fire can result in 

individual mortality; however, an 

evolutionary strategy has enabled the 

species to persist in these habitats. 

Theories related to the nature of fire 

history in California shrublands are 

complicated and varied (Goforth and 

Minnich 2007, p. 779). In the range of 

the Morro shoulderband snail, the 

‘‘natural’’ condition was one of frequent, 

small fires that fragmented the 

landscape into a fine-grained mosaic of 

age classes that precluded large, 

catastrophic fires (Minnich and Chou 

1997, p. 244). In this type of situation, 

areas of unburned coastal dune scrub 

and central maritime chaparral would 

serve as refugia for individual snails 

that could then recolonize areas as the 

fire-adapted plant communities 

reestablished. 

We consider an increase in wildfire 

frequency and/or intensity associated 

with continued climate change to be 

plausible in the future within the range 

of the Morro shoulderband snail 

(Service 2019, entire). A landscape-level 

or more severe fire event would 

constitute a threat to the species due to 

its very limited distribution. This type 

of fire could leave little in the way of 

habitat to serve as native refugia and 

result in a substantial amount of 

individual mortality, increasing the 

likelihood of local population 

extirpation. Absent individuals in 

nearby habitat to recolonize burned 

areas as habitat reestablishes, large-scale 

fire could result in a reduction in the 

overall distribution of the species, and 

thus loss of redundancy and 

representation. The existing regulatory 

mechanisms do not address the impact 

of wildfire on the Morro shoulderband 

snail or its habitat. 

Climate Change 

Climate change is likely to affect 

many terrestrial gastropod populations 

in California, including the Morro 

shoulderband snail. Species with small 

geographic ranges are particularly 

vulnerable to extinction due to the 

effects of climate change (Allan et al. 

2005, p. 284). In the range of the Morro 

shoulderband snail, climate change may 

result in both droughts and localized 

flood events from heavy rainfall. In the 

future, extreme storm events may 

increase in severity beyond historic 

levels of intensity with potential to 

increase flood risks in California 

(Dettinger 2011, pp. 521–522). Future 

estimates of changes in temperature and 

precipitation patterns in California by 

the 2060s based on downscaled climate 

models show that the historically 

maximum July temperatures are likely 

to increase and heat waves may span 

longer durations (Pierce et al. 2013, 

entire). 

The increased frequency of protracted 

drought events predicted in California is 

likely to result in higher mortality 

during prolonged periods of seasonal 

aestivation, particularly among smaller 

individuals in the population (van der 

Laan 1975b, p. 364). Higher levels of egg 

mortality from desiccation are expected. 

Warmer temperatures and greatly 

reduced wet season precipitation during 

prolonged multiyear drought events also 

increase stress on vegetation (Coates et 

al. 2015, p. 14277) and may limit time 

for feeding and breeding in the Morro 

shoulderband snail. Coastal sage scrub 

communities had the highest seasonal 

variability in terms of the relative 

amount of ground covered by green 

vegetation during the drought years of 

2013–2014 (Coates et al. 2015, p. 

14283). Coastal sage scrub plant species 

also had the highest land surface 

temperature values of the communities 

analyzed, likely resulting from lower 

vegetation cover, lower 

evapotranspiration, and south-facing 

slopes typical of coastal sage scrub 

communities (Coates et al. 2015, p. 

14284). These effects of prolonged 

drought reduce the value and quality of 

sheltering habitat as well as food 

availability within the primary plant 

community associated with the Morro 

shoulderband snail. Combined with 

impacts from wildfire, invasive species, 

and development, the negative effects of 

climate change on growth and 

reproduction are likely to result in 

decreased population abundance and 

increased vulnerability to local 

extirpation into the future. 

Summary of Threats 

We examined the effects of threats 

affecting the Morro shoulderband snail 

and its habitat; we now summarize 

these threats and their cumulative 

effects on the species. Currently, the 

species and its habitat are being 

impacted by development, invasive 

nonnative plants, wildfire, and effects 

associated with climate change. Along 

with a decrease in habitat quality due to 

increased temperatures and increased 

frequency of droughts, the effects of 

climate change may also exacerbate low 

population size and fragmented 

habitats, resulting in increased risk of 

extirpation. The effects of climate 

change will also combine with the 

effects of development, wildfire, and 

invasive species to exacerbate habitat 

loss and mortality of individuals. 

However, the magnitude of threats has 

decreased since the time of listing, and 

conservation actions have addressed 

some of the impacts from development 

and nonnative plants. Still, the species’ 

low abundance and fragmented habitat 

mean it is vulnerable to threats into the 

future, including potential extirpation of 

population areas by wildfire. 

Current and Potential Future Condition 

We assessed the viability of the Morro 

shoulderband snail by evaluating its 

ability to maintain a sufficient number 

and distribution of healthy populations 

in order to maintain resiliency, 

redundancy, and representation. We 

analyzed threats to the species and 

ongoing conservation actions by 

incorporating the effects of 

development, invasive species, wildfire, 

and changing climate conditions into 

our analyses of resiliency, 

representation, and redundancy. 

For the Morro shoulderband snail to 

maintain viability, its populations, or 

some portion thereof, need to be 

resilient to stochastic events. Resiliency 

is measured by the size and growth rate 

of each population, which influence the 

likelihood that the populations 

comprising a species are able to 

withstand or bounce back from 

environmental or demographic 

stochastic events. We evaluated 

variables influencing the ability of the 

Morro shoulderband snail to withstand 

stochastic events by population area, 

including abundance (as available), 

distribution of individuals, habitat 

quality and configuration, and the 

likelihood that suitable habitat would 

persist into the future. To determine 

habitat quality and configuration in 

each population area, we evaluated its 

context in the overall landscape relative 

to fragmentation and whether one or 

more of those primary constituent 

elements identified for critical habitat 

designated in 2001 (66 FR 9233; 

February 7, 2001) are present. Primary 

constituent elements for this species 

include the following physical or 

biological features: Sand or sandy soil 

needed for reproduction; a slope not 

greater than 10 percent to facilitate 

movement of individuals; and native 

coastal dune scrub vegetation. To 

determine the likelihood that suitable 

habitat will persist into the future, we 

evaluated the proportion of protected 


khammond on DSKJM1Z7X2PROD with RULES
6072 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

habitat in each population area. We then 

created an overall current condition for 

each population area based on these 

three variables. 

Based on overall current condition, 

we then forecasted the condition of 

these variables into the future for 30 

years under three different scenarios. 

The three future scenarios attempt to 

encompass the range of plausible 

possibilities for each population area 

over the next 30 years. To forecast 

climate change impacts, we relied on 

scientific papers (Dettinger 2011, entire; 

Pierce et al. 2013, entire) that 

incorporated multi-model ensembles 

and downscaled regional climate 

projections that examine key 

characteristics relating to the Morro 

shoulderband snail, such as summer 

temperatures and seasonal changes in 

precipitation. 

First, we forecasted the condition of 

each population area under the status 

quo, with continued climate change 

effects, all existing threats continuing at 

their current level, and no additional 

conservation efforts for the species 

(‘‘Status Quo’’ scenario). Second, we 

forecasted the condition of each 

population area under implementation 

of the LOHCP, a draft regional habitat 

conservation plan that proposes the 

Morro shoulderband snail as a covered 

species, against a backdrop of continued 

climate change effects (‘‘Limited 

Conservation’’ scenario). In the 

‘‘Limited Conservation’’ scenario, the 

LOHCP consolidates the threat of 

development to one population area, 

while other existing threats continue at 

their current level. Finally, we 

forecasted implementation of the 

LOHCP, active management for the 

Morro shoulderband snail within 

existing protected but generally 

unmanaged lands, and additional 

habitat protection through acquisition 

and subsequent management (‘‘Major 

Conservation’’ scenario), again against a 

backdrop of continued climate change. 

The ‘‘Major Conservation’’ scenario 

includes decreased threats due to 

development and invasive plant species, 

as well as conservation benefits from 

habitat restoration. 

TABLE—SUMMARY OF MORRO SHOULDERBAND SNAIL RESILIENCY: CURRENT AND FUTURE CONDITIONS BY POPULATION

AREA

Population area Current condition Future scenario: 

Status quo 

Future scenario: 

Limited Conservation 

Future scenario: 

Major Conservation 

North Morro Bay ................ Moderate ........................... Moderate ........................... Moderate ........................... High. 

Sand Spit ........................... High ................................... Moderate ........................... Moderate ........................... High. 

Morro Bay .......................... Low .................................... Low .................................... Low .................................... Low. 

East Los Osos ................... Moderate ........................... Low .................................... Low .................................... Moderate. 

Downtown Los Osos ......... Moderate ........................... Low .................................... Low .................................... Low. 

South Los Osos ................. High ................................... Moderate ........................... High ................................... High. 

Maintaining representation of healthy 

populations across the diversity of 

habitat types or ecological gradients 

within the distribution of Morro 

shoulderband snail will likely conserve 

the relevant genetic diversity and 

adaptive capacity associated with 

individual persistence across these 

habitat types. Currently, the species is 

represented in all of six population 

areas; however, changes under future 

scenarios could put individuals in some 

population areas at greater risk of 

extirpation, resulting in a potential loss 

of representation and leaving the 

species extant only in the periphery of 

its range. 

The Morro shoulderband snail needs 

multiple resilient population areas 

distributed throughout its extremely 

limited distribution to provide for 

redundancy. Historically, based on the 

mapping of Baywood Fine Sand soils, it 

is likely that habitat was once welldistributed throughout the species’ 

range. Development now primarily 

separates these population areas. Low 

resiliency and disconnected population 

areas, currently and in the future, 

suggest that stochastic events could 

increase species vulnerability to loss of 

redundancy and could increase the risk 

of loss of population areas, which 

would then diminish species 

redundancy. An overall decrease in the 

condition of population areas in two of 

the three future scenarios suggests a 

potential compromised redundancy 

and, therefore, risk of extirpation from 

catastrophic events in the future, unless 

major conservation actions are 

undertaken. Prolonged and/or more 

intensive drought, increased wildfire 

frequency and/or intensity, and 

localized flooding are those events that 

could affect the Morro shoulderband 

snail at the catastrophic scale. 

The resiliency of Morro shoulderband 

snail population areas within the 

species’ distribution has changed over 

time due to loss, degradation, and/or 

fragmentation of native habitat. 

Currently, we consider two population 

areas (Sand Spit and South Los Osos) to 

have a high level of resiliency, three 

population areas (North Morro Bay, East 

Los Osos, Downtown Los Osos) to have 

moderate resiliency, and one population 

area (Morro Bay) to have a low 

resiliency. It is not likely that loss of the 

Morro Bay population area would affect 

species representation across the 

remaining portion of the range, as 

current numbers of individuals in this 

population area are very low, and it is 

generally isolated from the other five 

population areas. Regarding 

redundancy, we consider those 

population areas with low or moderate 

resiliencies to be at a greater risk of local 

extirpation, which has the potential to 

decrease overall species redundancy. 

Our analyses indicate that the current 

viability of the Morro shoulderband 

snail has likely improved to some 

degree since the time of listing because 

there are substantially more individuals 

than thought at the time of listing and 

certain conservation efforts 

(predominantly protection of habitat 

through conservation easement, deed 

restriction, or management for 

conservation purposes) have been 

implemented. 

Overall, we anticipate that the 

viability of the species will decline in 

the future under two of the three 

scenarios: ‘‘Status Quo’’ and ‘‘Limited 

Conservation.’’ Under the ‘‘Status Quo’’ 

scenario, resiliency of the North Morro 

Bay and Morro Bay population areas 

would remain moderate and low, 

respectively, while all other population 

areas would be expected to experience 

decreased resiliency. Under the ‘‘Status 

Quo’’ scenario, half of the population 

areas are projected to be in the low 

resiliency category. Under the ‘‘Limited 

Conservation’’ scenario, resilience of the 

North Morro Bay, Morro Bay, and South 

Los Osos population areas would 

remain unchanged. The South Los Osos 

population area is where the majority of 

the conservation strategy for the LOHCP 

would occur. Only in the ‘‘Major 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6073 

Conservation’’ scenario does resiliency 

remain the same or improve, with the 

exception of Downtown Los Osos, 

where we anticipate the majority of 

development would occur as part of 

LOHCP implementation. For 

redundancy, an overall decrease in the 

condition of population areas in two of 

the three future scenarios suggests those 

low-condition populations are at risk of 

being lost and, therefore, that there 

could be decreased species redundancy. 

Against a backdrop of increased climate 

change effects expected to result in 

prolonged and/or more intensive 

droughts, increased wildfire frequency 

and/or intensity, and localized flooding 

events, risk of extirpation could increase 

with decreased species redundancy. 

Summary of Comments and 

Recommendations 

In the proposed rule published on 

July 24, 2020 (85 FR 44821), we 

requested that all interested parties 

submit written comments on the 

proposed reclassification of the Morro 

shoulderband snail from endangered to 

threatened and the associated proposed 

4(d) rule by September 22, 2020. We 

also contacted appropriate Federal and 

State agencies, scientific experts and 

organizations, and other interested 

parties and invited them to comment on 

the proposal. Newspaper notices 

inviting general public comment were 

published in the San Luis Obispo 

Tribune. We did not receive any 

requests for a public hearing. We 

received seven public comments. Six 

expressed only opinions in support or 

in opposition to the proposed 

downlisting without supporting 

information. 

Peer Reviewer Comments 

As discussed in Supporting 

Documents above, we received 

comments from six peer reviewers 

during the 2018 peer review of the SSA. 

We reviewed all comments we received 

from the peer reviewers for substantive 

issues and new information regarding 

the information contained in the SSA 

report. The peer reviewers generally 

concurred with our methods and 

conclusions, and provided additional 

information, clarifications, and 

suggestions to improve the final SSA 

report, including on snail morphology, 

habitat preferences, and behavior. Peer 

reviewer comments were incorporated 

into the final SSA report (Service 2019, 

entire). 

Comments From Federal Agencies, 

States, and Tribes 

We did not receive any comments 

from Federal agencies, States or State 

agencies, or Tribes during the public 

comment period. 

Public Comments 

(4) Comment: One commenter thought 

that the proposed rule inferred that the 

Service did not intend to include the 

Chorro shoulderband snail in the 

original 1994 listing. The commenter 

notes that, in fact, information in the 

Service’s Ventura Fish and Wildlife 

Office’s files indicates that the inclusion 

of the Chorro shoulderband snail in the 

1994 listing rule was intentional. The 

commenter stated that the proposed rule 

states that it was appropriate to 

complete a listing assessment for the 

Chorro shoulderband snail. 

Our response: We acknowledge that 

the Chorro shoulderband snail was part 

of the taxonomic entity that was 

included in the original listing rule in 

1994 (59 FR 64613; December 15, 1994). 

We further acknowledge the confusing 

history of the two taxa, and that we 

referred to them in different ways in the 

original listing rule (59 FR 64613; 

December 15, 1994), the designated 

critical habitat (66 FR 9233; February 7, 

2001), and our 2004 letter to partners. 

We address the inconsistency under 

Summary of Previous Federal Actions, 

above. Additionally, in the July 24, 

2020, proposed rule (85 FR 44821), we 

announced the availability of a Species 

Assessment form constituting our full 

determination and threats analysis 

regarding the status of the Chorro 

shoulderband snail (Service 2020, 

entire). In that assessment, we 

determined that, based on the best 

available science, the Chorro 

shoulderband snail does not meet the 

Act’s definition of an ‘‘endangered 

species’’ or a ‘‘threatened species.’’ 

Although information on the Chorro 

shoulderband snail is limited, under 

section 4(b)(1)(A) of the Act, we are 

required to make our determinations 

based solely on the best scientific and 

commercial data available at the time of 

our rulemaking. 

(5) Comment: One commenter noted 

the line in the proposed rule that states, 

‘‘the current viability of Morro 

shoulderband snail has improved to 

some degree since the time of listing 

due to concerted conservation efforts’’ 

and thought that this means the 

proposed rule infers that conservation 

measures are the reason for the 

substantial increase in numbers. The 

commenter notes the reason for increase 

in knowledge of number of snails is 

based on surveys from ruderal/disturbed 

habitat, not from the acreage that has 

been conserved. Commenter notes most 

of the land that has been conserved is 

not managed for the Morro 

shoulderband snail. Currently, the 

Morro shoulderband snail is not 

restricted to native habitat and is able to 

persist in highly disturbed areas and 

those dominated by nonnative plant 

species. 

Our response: We have revised the 

rule to clarify that we are reclassifying 

the Morro shoulderband snail from 

endangered to threatened (i.e., 

‘‘downlisting’’ the species) because 

there are substantially more individuals 

than previously thought, as well as 

beneficial effects of certain conservation 

efforts, predominantly in the form of 

land acquisition, since the time the 

species was listed. We acknowledge that 

those lands are not managed for the 

Morro shoulderband snail; however, 

they still provide protection from 

development, which was one of the 

greatest threats identified at the time of 

listing. 

Determination of Morro Shoulderband 

Snail’s Status 

Section 4 of the Act (16 U.S.C. 1533) 

and its implementing regulations (50 

CFR part 424) set forth the procedures 

for determining whether a species meets 

the definition of an ‘‘endangered 

species’’ or a ‘‘threatened species.’’ The 

Act defines an ‘‘endangered species’’ as 

a species 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. For a 

more detailed discussion on the factors 

considered when determining whether a 

species meets the definition of an 

‘‘endangered species’’ or a ‘‘threatened 

species’’ and our analysis on how we 

determine the foreseeable future in 

making these decisions, please see 

Regulatory and Analytical Framework, 

above. 

Status Throughout All of Its Range 

We evaluated threats to the species 

and assessed the cumulative effect of 

the threats under the Act’s section 

4(a)(1) factors. This included an 

examination of the best scientific and 

commercial information available 

regarding the past, present, and future 

threats faced by the species, as well as 

information presented in the 2006 5- 

year review (Service 2006, entire), 

additional information available since 

the 5-year review was completed, and 

other available published and 

unpublished information. We also 

consulted with species experts and land 

management staff who are actively 

managing habitat for the conservation of 

the Morro shoulderband snail. 


khammond on DSKJM1Z7X2PROD with RULES
6074 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

The primary risk factors affecting 

Morro shoulderband snails are the 

present and threatened modification or 

destruction of its habitat from 

development (Factor A), wildfire (Factor 

A), and invasive species (Factor A), as 

well as effects to its life cycle from 

changing climate conditions (Factor E). 

We also considered the threat of 

collection (Factor B), agriculture and 

vegetation management (Factor A) and 

predation (Factor C) (Service 2019, pp. 

21–45). Finally, we examined the 

adequacy of existing regulatory 

mechanisms in addressing these threats 

(Factor D). 

Threats influencing the viability of 

Morro shoulderband snail populations 

at the time of listing were urban 

development, off-road vehicle activity, 

nonnative vegetation (referred to as 

invasive species in this final rule), 

parasitoids (an insect whose larvae live 

as parasites that eventually kill their 

hosts), and competition from brown 

garden snails, all of which were 

exacerbated by effects associated with 

small population size and drought 

conditions (59 FR 64613; December 15, 

1994). Since the time of listing, we have 

determined that some of these threats 

are no longer affecting the species, 

particularly off-road vehicle activity, 

brown garden snails, parasitoids, and 

controlled burns (Service 2006, pp. 11– 

15). Our current analysis indicates that 

the remaining threats identified at the 

time of listing have been reduced in 

magnitude, and that overall the level of 

impacts to Morro shoulderband snail 

and its habitat that placed the species in 

danger of extinction in 1994 have been 

substantially reduced. These reductions 

have occurred predominantly because of 

significant protection of lands at risk of 

development and surveys indicating 

that population numbers now occur in 

the thousands rather than the hundreds. 

However, threats are still impacting the 

species and its habitat, and new threats 

have been identified since the time of 

listing. 

Of the factors identified above, habitat 

loss and degradation from fragmentation 

associated with development and 

invasive plant species (Factor A), 

wildfire (Factor A), and effects to the 

Morro shoulderband snail’s life cycle 

from changing climate conditions 

(Factor E) are the most significant 

threats to the species currently and into 

the foreseeable future. Conservation 

actions have somewhat decreased the 

magnitude of impacts from nonnative, 

invasive plant species; however, 

degradation of native habitats by these 

species is ongoing. Apart from the 

protections afforded by the Act, no 

regulatory mechanisms are addressing 

the threats impacting the species and its 

habitat. 

We considered plausible future 

conditions for the Morro shoulderband 

snail to evaluate the status of the species 

into the future. Under the ‘‘Status Quo’’ 

scenario, the species would lose 

resiliency due to continued threats of 

habitat loss, decreasing habitat quality 

due to invasive species and drought, 

and increased wildfire frequency and 

intensity. These effects will increase 

into the future, putting some population 

areas at risk of extirpation. Major 

conservation efforts, including 

implementation of the LOHCP 

conservation program, active 

management within currently protected 

but generally unmanaged lands 

throughout the distribution of the 

species, and additional habitat 

protection through acquisition and 

subsequent management, could help 

ameliorate some of these threats in the 

future; however, this level of 

conservation is not sufficiently certain 

to be implemented. 

After our review and analysis of 

threats as they relate to the five statutory 

factors, we find that this information 

does not indicate that these threats are 

affecting individual populations of 

Morro shoulderband snail or the species 

as a whole across its range to the extent 

that the threats currently are of 

sufficient imminence, scope, or 

magnitude to rise to the level that the 

species is presently in danger of 

extinction throughout all of its range. 

However, while numbers of individuals 

across the majority of the species’ range 

are greater now than at the time of 

listing and some habitat for the species 

is protected from development, the 

species remains negatively affected by 

continued and future threats and 

inadequate resource needs across much 

of its range. 

The best available information 

indicates there are continued 

population- and rangewide-level 

impacts to Morro shoulderband snails 

despite beneficial conservation efforts in 

several of the population areas that have 

reduced the magnitude of development. 

Specifically, Morro shoulderband snail 

populations across the range continue to 

be negatively affected by effects of 

development and invasive, nonnative 

plant species, although at a lower level 

than at the time of listing. However, in 

the foreseeable future, available 

information also indicates increasing 

temperatures and reductions in the 

amount of annual rainfall associated 

with climate change will likely result in 

prolonged drought conditions that 

negatively influence Morro 

shoulderband snail abundance in the 

future, along with increasing frequency 

and intensity of wildfires. These effects 

will combine with the ongoing lowgrade impacts of development and 

invasive plants such that the species is 

likely to become endangered in the 

foreseeable future. 

After evaluating threats to the species 

and assessing the cumulative effect of 

the threats under the Act’s section 

4(a)(1) factors, based on the best 

available information, we determine 

that the Morro shoulderband snail is not 

currently in danger of extinction, but is 

likely to become in danger of extinction 

within the foreseeable future, 

throughout all of its range. 

Status Throughout a Significant Portion 

of Its Range 

Under the Act and our implementing 

regulations, a species may warrant 

listing if it is in danger of extinction or 

likely to become so in the foreseeable 

future throughout all or a significant 

portion of its range. The court in Center 

for Biological Diversity v. Everson, 2020 

WL 437289 (D.D.C. Jan. 28, 2020) 

(Center for Biological Diversity), vacated 

the aspect of the Final Policy on 

Interpretation of the Phrase ‘‘Significant 

Portion of Its Range’’ in the Endangered 

Species Act’s Definitions of 

‘‘Endangered Species’’ and ‘‘Threatened 

Species’’ (79 FR 37578; July 1, 2014) 

that provided that the Service does not 

undertake an analysis of significant 

portions of a species’ range if the 

species warrants listing as threatened 

throughout all of its range. Therefore, 

we proceed to evaluating whether the 

species is endangered in a significant 

portion of its range—that is, whether 

there is any portion of the species’ range 

for which both (1) the portion is 

significant; and (2) the species is in 

danger of extinction in that portion. 

Depending on the case, it might be more 

efficient for us to address the 

‘‘significance’’ question or the ‘‘status’’ 

question first. We can choose to address 

either question first. Regardless of 

which question we address first, if we 

reach a negative answer with respect to 

the first question that we address, we do 

not need to evaluate the other question 

for that portion of the species’ range. 

Following the court’s holding in 

Center for Biological Diversity, we now 

consider whether there are any 

significant portions of the species’ range 

where the species is in danger of 

extinction now (i.e., endangered). In 

undertaking this analysis for the Morro 

shoulderband snail, we choose to 

address the status question first—we 

consider information pertaining to the 

geographic distribution of both the 

species and the threats that the species 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6075 

faces to identify any portions of the 

range where the species is endangered. 

For the Morro shoulderband snail, we 

considered whether the threats are 

geographically concentrated in any 

portion of the species’ range at a 

biologically meaningful scale. We 

examined the following threats: 

Development; invasive species; wildfire; 

climate change; collection; agriculture 

and vegetation management; and 

predation; as well as cumulative effects. 

Threats do occur at different magnitudes 

across the range of the Morro 

shoulderband snail. For example, the 

East Los Osos and Downtown Los Osos 

population areas are at higher risk of 

development than other areas. Other 

population areas are at higher risk of 

fire, such as South Los Osos and Sand 

Spit. However, we found no 

concentration of threats in any portion 

of the Morro shoulderband snail’s range 

at a biologically meaningful scale, so 

there is no population area where the 

species might be endangered. Therefore, 

no portion of the species’ range provides 

a basis for determining that the species 

is in danger of extinction in a significant 

portion of its range, and we determine 

that the species is likely to become in 

danger of extinction within the 

foreseeable future throughout all of its 

range. This does not conflict with the 

courts’ holdings in Desert Survivors v. 

U.S. Department of the Interior, 321 F. 

Supp. 3d 1011, 1070–74 (N.D. Cal. 

2018), and Center for Biological 

Diversity v. Jewell, 248 F. Supp. 3d 946, 

959 (D. Ariz. 2017) because, in reaching 

this conclusion, we did not need to 

consider whether any portions are 

significant and therefore did not apply 

the aspects of the Final Policy’s 

definition of ‘‘significant’’ that those 

court decisions held were invalid. 

Determination of Status 

Our review of the best scientific and 

commercial data available indicates that 

the Morro shoulderband snail meets the 

Act’s definition of a ‘‘threatened 

species.’’ Therefore, we are reclassifying 

the Morro shoulderband snail as a 

threatened species in accordance with 

sections 3(20) and 4(a)(1) of the Act. 

It is our policy, as published in the 

Federal Register on July 1, 1994 (59 FR 

34272), to identify to the maximum 

extent practicable at the time a species 

is classified, those activities that would 

or would not constitute a violation of 

section 9 of the Act. The intent of this 

policy is to increase public awareness of 

the effect of a listing on proposed and 

ongoing activities within the range of 

the species being listed. Because we are 

reclassifying this species as a threatened 

species, the prohibitions in the section 

9 of the Act will not automatically 

apply. We are, therefore, issuing a rule 

under section 4(d) of the Act (a ‘‘4(d) 

rule’’) to provide for the conservation of 

the species; section 4(d) authorizes us to 

apply any of the prohibitions in section 

9 to a threatened species. The 4(d) rule, 

which includes a description of the 

kinds of activities that will or will not 

constitute a violation, complies with 

this policy. 

II. Rule Issued Under Section 4(d) of 

the Act 

Background 

Section 4(d) of the Act contains two 

sentences. The first sentence states that 

the Secretary shall issue such 

regulations as she deems necessary and 

advisable to provide for the 

conservation of species listed as 

threatened. The U.S. Supreme Court has 

noted that statutory language like 

‘‘necessary and advisable’’ demonstrates 

a large degree of deference to the agency 

(see Webster v. Doe, 486 U.S. 592 

(1988)). Conservation is defined in the 

Act to mean the use of all methods and 

procedures which are necessary to bring 

any endangered species or threatened 

species to the point at which the 

measures provided pursuant to the Act 

are no longer necessary. Additionally, 

the second sentence of section 4(d) of 

the Act states that the Secretary may by 

regulation prohibit with respect to any 

threatened species any act prohibited 

under section 9(a)(1), in the case of fish 

or wildlife, or section 9(a)(2), in the case 

of plants. Thus, the combination of the 

two sentences of section 4(d) provides 

the Secretary with wide latitude of 

discretion to select and promulgate 

appropriate regulations tailored to the 

specific conservation needs of the 

threatened species. The second sentence 

grants particularly broad discretion to 

us when adopting the prohibitions 

under section 9. 

The courts have recognized the extent 

of the Secretary’s discretion under this 

standard to develop rules that are 

appropriate for the conservation of a 

species. For example, courts have 

upheld rules developed under section 

4(d) as a valid exercise of agency 

authority where they prohibited take of 

threatened wildlife, or include a limited 

taking prohibition (see Alsea Valley 

Alliance v. Lautenbacher, 2007 U.S. 

Dist. Lexis 60203 (D. Or. 2007); 

Washington Environmental Council v. 

National Marine Fisheries Service, 2002 

U.S. Dist. Lexis 5432 (W.D. Wash. 

2002)). Courts have also upheld 4(d) 

rules that do not address all of the 

threats a species faces (see State of 

Louisiana v. Verity, 853 F.2d 322 (5th 

Cir. 1988)). As noted in the legislative 

history when the Act was initially 

enacted, ‘‘once an animal is on the 

threatened list, the Secretary has an 

almost infinite number of options 

available to him [or her] with regard to 

the permitted activities for those 

species. He [or she] may, for example, 

permit taking, but not importation of 

such species, or he [or she] may choose 

to forbid both taking and importation 

but allow the transportation of such 

species’’ (H.R. Rep. No. 412, 93rd Cong., 

1st Sess. 1973). 

Exercising this authority under 

section 4(d), we have developed a rule 

that is designed to address the Morro 

shoulderband snail’s specific threats 

and conservation needs. Although the 

statute does not require us to make a 

‘‘necessary and advisable’’ finding with 

respect to the adoption of specific 

prohibitions under section 9, we find 

that this rule as a whole satisfies the 

requirement in section 4(d) of the Act to 

issue regulations deemed necessary and 

advisable to provide for the 

conservation of the Morro shoulderband 

snail. As discussed above under 

Summary of Biological Status and 

Threats, we have concluded that the 

Morro shoulderband snail is likely to 

become in danger of extinction within 

the foreseeable future primarily due to 

the ongoing impacts of development 

and invasive plants combined with 

projected impacts from climate change 

and increasing frequency and severity of 

wildfire. The provisions of this 4(d) rule 

promote conservation of the Morro 

shoulderband snail by encouraging 

management of the landscape in ways 

that meet both land management 

considerations and the conservation 

needs of the Morro shoulderband snail. 

The provisions of this rule are one of 

many tools that we will use to promote 

the conservation of the Morro 

shoulderband snail. 

Provisions of the 4(d) Rule 

This final 4(d) rule provides for the 

conservation of the Morro shoulderband 

snail by prohibiting all acts described 

under section 9(a)(1) of the Act, except 

take resulting from the activities listed 

below when conducted within habitats 

occupied by the Morro shoulderband 

snail. This final rule to reclassify the 

Morro shoulderband snail as a 

threatened species discusses take of 

individuals through removal or 

degradation of native habitat as one of 

the reasons for its decline. It also 

discusses the effects of more frequent or 

increased intensity of wildfire events 

associated with climate change. The 

specific focus of the exceptions to 

prohibitions included in this final 4(d) 


khammond on DSKJM1Z7X2PROD with RULES
6076 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

rule is take directly associated with 

habitat restoration activities in 

disturbed or degraded native scrub and 

chaparral habitats throughout the 

estimated 2,638-ha (6,520-ac) range of 

the Morro shoulderband snail, and 

specific fire hazard reduction activities 

within the estimated range of the 

species. 

Habitat restoration activities improve 

the condition and habitat suitability for 

the Morro shoulderband snail and other 

constituent scrub and chaparral species. 

Habitat within the range of the species 

has been subject to degradation that has 

reduced its suitability for the Morro 

shoulderband snail. This degradation is 

the result of invasion by nonnative plant 

species, particularly perennial veldt 

grass, that occurs after clearing of native 

plant communities or on unmanaged 

lands post-fire. Perennial veldt grass 

and other nonnative grass species can 

serve as ladder fuels and convey fires 

originating in the wildland-urban 

interface into the native scrub and 

chaparral communities that surround 

the community of Los Osos. Community 

concern over the frequency and 

intensity of wildfire is increasing every 

year with the increased frequency of 

catastrophic wildfire events in 

California. Widespread wildfires within 

the range of the Morro shoulderband 

snail could result in local extirpations of 

populations/occurrences of the Morro 

shoulderband snail and reduce or 

eliminate the ability of the species to 

recolonize recovering habitat post-fire, 

even with management of post-wildfire 

areas. 

This final 4(d) rule sets forth the 

following exceptions to the prohibitions 

on incidental take when conducted 

within the range of the Morro 

shoulderband snail: 

(1) Native habitat restoration 

activities, inclusive of invasive and/or 

nonnative species removal, conducted 

by a conservation organization (e.g., the 

California Native Plant Society, 

Audubon Society, the Land 

Conservancy of San Luis Obispo 

County) pursuant to a Service-approved 

management or restoration plan. 

(2) Fire hazard reduction activities 

implemented by the California 

Department of Forestry and Fire 

Protection (CALFIRE) in accordance 

with a Service-approved plan within the 

range of the Morro shoulderband snail. 

Fire hazard reduction activities on 

legal parcels or other non-Federal land 

within the range of the species will be 

exempted from the take prohibitions of 

section 9(a)(1) of the Act. Anticipated 

fire reduction treatments include 

removal of downed, dead, or diseased 

vegetation, creation of shaded fuel 

breaks, and mowing of nonnative 

grassland. We anticipate that these fire 

hazard reduction activities will have 

short-term effects on the Morro 

shoulderband snail. Implementation of 

fire hazard reduction activities will 

reduce the risk of catastrophic wildfires, 

which otherwise could result in local 

extirpations of Morro shoulderband 

snail occurrences/populations. Under 

the Act, ‘‘take’’ means to harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture, or collect, or to attempt to 

engage in any such conduct. Some of 

these provisions have been further 

defined in regulation at 50 CFR 17.3. 

Take can result knowingly or otherwise, 

by direct and indirect impacts, 

intentionally or incidentally. Regulating 

incidental take would help preserve the 

species’ remaining populations, slow 

their rate of decline, and decrease 

synergistic, negative effects from other 

threats. 

We may issue permits to carry out 

otherwise prohibited activities, 

including those described above, 

involving threatened wildlife under 

certain circumstances. Regulations 

governing permits are codified at 50 

CFR 17.32. With regard to threatened 

wildlife, a permit may be issued for the 

following purposes: For scientific 

purposes, to enhance propagation or 

survival, for economic hardship, for 

zoological exhibition, for educational 

purposes, for incidental taking, or for 

special purposes consistent with the 

purposes of the Act. The statute also 

contains certain statutory exemptions 

from the prohibitions, which are found 

in sections 9 and 10 of the Act. 

We recognize the special and unique 

relationship with our State natural 

resource agency partners in contributing 

to conservation of listed species. State 

agencies often possess scientific data 

and valuable expertise on the status and 

distribution of endangered, threatened, 

and candidate species of wildlife and 

plants. State agencies, because of their 

authorities and their close working 

relationships with local governments 

and landowners, are in a unique 

position to assist us in implementing all 

aspects of the Act. In this regard, section 

6 of the Act provides that we shall 

cooperate to the maximum extent 

practicable with the States in carrying 

out programs authorized by the Act. 

Therefore, any qualified employee or 

agent of a State conservation agency that 

is a party to a cooperative agreement 

with us in accordance with section 6(c) 

of the Act, who is designated by his or 

her agency for such purposes, will be 

able to conduct activities designed to 

conserve the Morro shoulderband snail 

that may result in otherwise prohibited 

take without additional authorization. 

Nothing in this 4(d) rule will change 

in any way the recovery planning 

provisions of section 4(f) of the Act, the 

consultation requirements under section 

7 of the Act, or our ability to enter into 

partnerships for the management and 

protection of the Morro shoulderband 

snail. However, interagency cooperation 

may be further streamlined through 

planned programmatic consultations for 

the species between us and other 

Federal agencies, where appropriate. 

III. Common Name of Listed Entity 

As a result of the new data and 

supportive references noted earlier in 

this rule, we recognize the change in the 

common name of the listed entity 

Helminthoglypta walkeriana as the 

Morro shoulderband snail, without the 

synonym ‘‘banded dune snail.’’ We 

include this change in nomenclature for 

the species under Regulation 

Promulgation, below. 

Required Determinations 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act 

(NEPA; 42 U.S.C. 4321 et seq.), need not 

be prepared in connection with 

determining a species’ listing status 

under the Endangered Species Act. We 

published a notice outlining our reasons 

for this determination in the Federal 

Register on October 25, 1983 (48 FR 

49244). This position was upheld by the 

U.S. Court of Appeals for the Ninth 

Circuit (Douglas County v. Babbitt, 48 

F.3d 1495 (9th Cir. 1995), cert. denied 

516 U.S. 1042 (1996)). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6077 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

We did not receive any comments 

from Tribes on the proposed rule. We 

have determined that no Tribes will be 

affected by this rule because there are 

no Tribal lands or interests within or 

adjacent to Morro shoulderband snail 

habitat. 

References Cited 

A complete list of references cited in 

this rulemaking is available on the 

internet at https://www.regulations.gov 

and upon request from the Ventura Fish 

and Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Authors 

The primary authors of this final rule 

are the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Ventura Fish and Wildlife 

Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. Amend § 17.11, in paragraph (h), by 

removing the entry for ‘‘Snail, Morro 

shoulderband (=Banded dune)’’ and 

adding the entry ‘‘Snail, Morro 

shoulderband’’ in its place under 

SNAILS in the List of Endangered and 

Threatened Wildlife to read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable rules 

*******

SNAILS

* * * * * * * 

Snail, Morro 

shoulderband.

Helmin thoglypta 

walkeriana.

Wherever found .............. T 59 FR 64613, 12/15/1994; 87 FR [INSERT FEDERAL REGISTER PAGE WHERE THE DOCUMENT BEGINS], 2/3/2022; 50 CFR 17.45(b); 4d

50 CFR 17.95(f).CH

* * * * * * * 

■ 3. Amend § 17.45 by adding paragraph 

(b) to read as follows: 

§ 17. 45 Special rules—snails and clams. 

* * * * * 

(b) Morro shoulderband snail 

(Helminthoglypta walkeriana)—(1) 

Prohibitions. The following prohibitions 

that apply to endangered wildlife also 

apply to the Morro shoulderband snail. 

Except as provided under paragraph 

(b)(2) of this section and §§ 17.4 and 

17.5, it is unlawful for any person 

subject to the jurisdiction of the United 

States to commit, to attempt to commit, 

to solicit another to commit, or cause to 

be committed, any of the following acts 

in regard to this species: 

(i) Import or export, as set forth at 

§ 17.21(b) for endangered wildlife. 

(ii) Take, as set forth at § 17.21(c)(1) 

for endangered wildlife. 

(iii) Possession and other acts with 

unlawfully taken specimens, as set forth 

at § 17.21(d)(1) for endangered wildlife. 

(iv) Interstate or foreign commerce in 

the course of commercial activity, as set 

forth at § 17.21(e) for endangered 

wildlife. 

(v) Sale or offer for sale, as set forth 

at § 17.21(f) for endangered wildlife. 

(2) Exceptions from prohibitions. In 

regard to this species, you may: 

(i) Conduct activities as authorized by 

a permit under § 17.32. 

(ii) Take, as set forth at § 17.21(c)(2) 

through (4) for endangered wildlife. 

(iii) Take, as set forth at § 17.31(b). 

(iv) Take incidental to an otherwise 

lawful activity caused by: 

(A) Native habitat restoration 

activities, inclusive of invasive and/or 

nonnative species removal, conducted 

by a conservation organization pursuant 

to a Service-approved management or 

restoration plan. 

(B) Fire-hazard reduction activities 

implemented by the California 

Department of Forestry and Fire 

Protection in accordance with a Serviceapproved plan within the range of the 

Morro shoulderband snail. 

(v) Possess and engage in other acts 

with unlawfully taken wildlife, as set 

forth at § 17.21(d)(2) for endangered 

wildlife. 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2022–02008 Filed 2–2–22; 8:45 am] 

BILLING CODE 4333–15–P 


khammond on DSKJM1Z7X2PROD with RULES