6046 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

third party testers to administer the CDL 

skills test. 

On April 3, 2020, the Virginia 

Department of Motor Vehicles (VA 

DMV) requested an exemption from 49 

CFR 383.75 to allow non-government 

third party testers to administer 

knowledge tests for CDL and CLP 

applicants without a State examiner 

being present. The VA DMV’s request 

was prompted by the closure of VA 

DMV service centers resulting from the 

COVID–19 public health emergency. In 

response to the VA DMV’s request, 

FMCSA indicated that applicable 

statutes and regulations do not currently 

prohibit States from allowing a third 

party to administer CDL and CLP 

knowledge tests. The Agency also noted 

its intention to revise the existing 

guidance, set forth below, to clarify this 

point. 

Regulatory guidance question 1 for 49 

CFR 383.75, ‘‘Third Party Testing,’’ first 

issued in 1993 (58 FR 60734, 60739 

(Nov. 17, 1993)) and most recently 

reissued in 2019, states: 

Question 1: May the CDL knowledge test 

be administered by a third party? 

Guidance: No. The third party testing 

provision found in § 383.75 applies only to 

the skills portion of the testing procedure. 

However, if an employee of the State who is 

authorized to supervise knowledge testing is 

present during the testing, then FMCSA 

regards it as being administered by the State 

and not by a third party. (84 FR 8464, 8472 

(Mar. 8, 2019); 62 FR 16370, 16399 (Apr. 4, 

1997)). 

FMCSA has reconsidered this 

guidance and concludes that nothing in 

the Agency’s current authorities in 49 

U.S.C. chapters 311 or 313, or in 49 CFR 

parts 383 and 384, prohibits States from 

permitting third party testers to 

administer CDL knowledge tests. 

Accordingly, the Agency amends 

regulatory guidance question 1 for 49 

CFR 383.75 to explain that a State may 

permit third parties to administer CDL 

knowledge tests. Pursuant to 49 CFR 

384.202, States opting to permit this 

practice must adhere to current CDL 

knowledge test standards and 

requirements set forth in 49 CFR part 

383, subparts G and H. FMCSA is 

currently working on a Notice of 

Proposed Rulemaking to more fully 

address the States’ use of third party 

knowledge testers. 

II. Regulatory Guidance 

FMCSA issues the following 

guidance: 

Regulatory Guidance to 49 CFR part 383— 

Commercial Driver’s License Standards 

Section 383.75 Third Party Testing, Guidance 

ID No. FMCSA–CDL–383.75–Q1–M 

Question 1: May States allow third party 

testers to administer CDL knowledge tests for 

all classes and endorsements, without any 

State examiner being present? 

Guidance: Yes. FMCSA’s current statutory 

authorities and regulations do not prohibit 

States from permitting third party testers to 

administer CDL knowledge tests. While 

FMCSA encourages States relying on third 

party knowledge testers to follow the training 

and record check standards currently 

applicable to State CDL knowledge 

examiners, as set forth in 49 CFR 384.228, 

this is not a regulatory requirement. If an 

employee of the State who is authorized to 

supervise knowledge testing is present 

during the testing, then FMCSA regards it as 

being administered by the State and not by 

a third party. 

FMCSA notes that this guidance is 

intended only to provide clarity to the 

public regarding existing requirements 

under the law. The guidance does not 

have the force and effect of law and is 

not meant to bind the public in any 

way. 

Robin Hutcheson, 

Acting Administrator. 

[FR Doc. 2022–02165 Filed 2–2–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2019–0065; 

FF09E22000 FXES1113090FEDR 223] 

RIN 1018–BE11 

Endangered and Threatened Wildlife 

and Plants; Removing San Benito 

Evening-Primrose (Camissonia 

benitensis) From the Federal List of 

Endangered and Threatened Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service or USFWS), 

are removing San Benito eveningprimrose (Camissonia benitensis), a 

plant native to California, from the 

Federal List of Endangered and 

Threatened Plants on the basis of 

recovery. This final rule is based on a 

thorough review of the best available 

scientific and commercial information, 

which indicates that the threats to the 

species have been reduced or eliminated 

to the point that it has recovered and is 

no longer in danger of extinction or 

likely to become in danger of extinction 

in the foreseeable future. Therefore, the 

plant no longer meets the definition of 

an endangered or threatened species 

under the Endangered Species Act of 

1973, as amended (Act). 

DATES: This rule is effective March 7, 

2022. 

ADDRESSES: This final rule, the postdelisting monitoring plan, and 

supporting documents are available on 

the internet at https://

www.regulations.gov or at https://

ecos.fws.gov. 

In the Search box, enter FWS–R8–ES– 

2019–0065, which is the docket number 

for this rulemaking. Then, click on the 

Search button. On the resulting page, in 

the panel on the left side of the screen, 

under the Document Type heading, 

click on the Final Rule box to locate this 

document. 

Document availability: The recovery 

plan, 5-year review summary, and postdelisting monitoring plan referenced in 

this document are available at https://

www.regulations.gov under Docket No. 

FWS–R8–ES–2019–0065. 

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; by 

telephone 805–644–1766. Direct all 

questions or requests for additional 

information to: SAN BENITO EVENING 

PRIMROSE QUESTIONS, to the address 

above (See ADDRESSES). Individuals who 

are hearing-impaired or speechimpaired my call the Federal Relay 

Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act, a species may warrant removal 

(i.e., ‘‘delisting’’) from the Federal List 

of Endangered and Threatened Plants if 

it no longer meets the definition of an 

endangered species or a threatened 

species. Delisting a species can only be 

completed by issuing a rule. 

What this document does. We are 

removing San Benito evening-primrose 

(Camissonia benitensis) from the 

Federal List of Endangered and 

Threatened Plants based on its recovery. 

The prohibitions and conservation 

measures provided by the Act, 

particularly through sections 7 and 9, 

will no longer apply to the San Benito 

evening-primrose. 

The basis for our action. Under the 

Act, we may determine that a species is 

an endangered species or a threatened 

species because of any of five factors: 

(A) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; (B) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

the inadequacy of existing regulatory 

mechanisms; or (E) other natural or 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6047 

manmade factors affecting its continued 

existence. We have determined that the 

threats to the species have been reduced 

or eliminated so that San Benito 

evening-primrose no longer meets the 

definition of an endangered or 

threatened species under the Act. 

Under the Act and our implementing 

regulations at 50 CFR 424.11, we may 

delist a species if the best available 

scientific and commercial data indicate 

that: (1) The species is extinct; (2) the 

species does not meet the definition of 

an endangered species or a threatened 

species when considering the five 

factors listed above; or (3) the listed 

entity does not meet the statutory 

definition of a species. Here, we have 

determined that the San Benito eveningprimrose should be delisted because, 

based on an analysis of the five listing 

factors, it has recovered and no longer 

meets the definition of an endangered 

species or a threatened species. 

Off-highway vehicle recreation, the 

greatest persistent threat to the species, 

has been reduced to levels that no 

longer pose a significant threat of 

extinction to San Benito eveningprimrose or its habitat. Additionally, the 

species is more wide-ranging and 

common than originally known and 

occurs across a broader range of habitat 

types (Bureau of Land Management 

(BLM) 2018, p. 32). The number of 

known occurrences has increased from 

9 to 79; the range of the species is now 

known from 3 watersheds; and occupied 

habitat covers 63.2 acres (25.6 ha). 

Peer review and public comment. We 

evaluated the species’ needs, current 

conditions, and future conditions to 

support our June 1, 2020, proposed rule 

to delist the San Benito eveningprimrose (85 FR 33060). We sought 

comments from independent specialists 

to ensure that our determination is 

based on scientifically sound data, 

assumptions, and analyses. We invited 

these peer reviewers to comment on the 

proposed rule and draft post-delisting 

monitoring plan. We considered all 

comments and information we received 

during the public comment period on 

the proposed rule and the draft postdelisting monitoring plan when 

developing this final rule. 

Previous Federal Actions 

On February 12, 1985, we listed San 

Benito evening-primrose as a threatened 

species (50 FR 5755–5759) based 

primarily on the threats from motorized 

recreation and active gravel mining. 

Nine occurrences of the plant were 

known at the time, ranging from only 10 

to 100 individuals each (50 FR 5755). At 

the time of listing, we found that 

designation of critical habitat was not 

prudent, and no further action regarding 

critical habitat has been taken (50 FR 

5757–5759). 

A notice of the availability of a 

recovery plan for San Benito eveningprimrose was subsequently published 

on September 19, 2006 (71 FR 54837– 

54838) (Recovery Plan). 

In 2009, the Service conducted a 5- 

year review (USFWS 2009, entire) and 

found that the San Benito eveningprimrose still met the definition of a 

threatened species. In addition, we 

announced the initiation of another 5- 

year review on June 18, 2018 (83 FR 

28251–28254). On June 1, 2020, we 

proposed to delist the San Benito 

evening-primrose (85 FR 33060) and 

announced the availability of a draft 

post-delisting monitoring plan. The June 

1, 2020, proposed rule to remove San 

Benito evening-primrose from the 

Federal List of Endangered and 

Threatened Plants also serves as a 5-year 

review for the species. 

Summary of Changes From the 

Proposed Rule and Post-Delisting 

Monitoring Plan 

We considered all comments and 

information we received during the 

comment period for the proposed rule to 

delist San Benito evening-primrose (85 

FR 33060; June 1, 2020). This 

consideration resulted in the following 

changes from the proposed rule in this 

final rule: 

• We made minor editorial changes 

and revised various sections of the rule 

based on public and partner comments. 

• We reevaluated the climate change 

analysis with a range more specific to 

San Benito evening-primrose. 

• We updated the population trend 

analysis with current information and 

following comments from the BLM. 

• We updated off-highway vehicle 

(OHV) trespass information with current 

data. 

• We updated total known 

occurrences with current data. 

• The post-delisting monitoring plan 

was revised in partnership with the 

BLM. 

Final Delisting Determination 

Background 

San Benito evening-primrose is a 

small, yellow-flowered, annual species 

in the evening-primrose family 

(Onagraceae). The plant is slender with 

narrowly elliptic leaves 0.3 inches (in) 

(7–20 millimeters (mm)) in length and 

minutely serrate. The stem may be erect 

or decumbent (lying on the ground with 

the extremity curving upward) and 

ranges in height from 1.2 to 7.9 in (3– 

20 centimeters (cm)) with branches 

widely spreading. Petals are 0.1 to 0.2 

in (3.5 to 4 mm) and may fade from 

yellow to reddish (Wagner 2012, pp. 

925–929). San Benito evening-primrose 

is autogamous (self-fertilizing) and 

produces seed that persists for long 

periods of time, which creates wellestablished seed banks where the 

species occurs (Taylor 1990, pp. 7–8). 

San Benito evening-primrose is 

known only from the southeastern 

portion of San Benito County, the 

western edge of Fresno County, and the 

northeastern edge of Monterey County, 

largely within the New Idria 

serpentinite mass (figure 1). Serpentine 

is a rock formed from ancient volcanic 

activity that results in minerals with a 

greenish and brownish appearance such 

as antigorite, lizardite, and chrysotile. 

The New Idria serpentinite mass covers 

approximately 13,000 hectares (32,124 

acres) and is one of the largest 

serpentine formations in the southern 

Coast Ranges of California (Rajakaruna 

et al. 2011, p. 698). 

Average rainfall in areas occupied by 

San Benito evening-primrose is 16–17 in 

(40–42 cm) annually with temperatures 

ranging from lows of 21 to 34 degrees 

Fahrenheit (°F) (¥6.7 to ¥1.1 degrees 

Celsius (°C)) in the winter to highs of 90 

to 100 °F (32.2 to 37.8 °C) in the summer 

(USFWS 2009, p. 8). San Benito 

evening-primrose occurs across an 

elevation range from 1,929 ft (588 m) to 

4,684 ft (1,428 m). At the extremes of 

the elevation range, the minimum 

precipitation may be as low as 15 in (38 

cm) and as high as 20 in (51 cm) 

respectively (BLM 2020a, pp. 1–2). 

Occupied habitat of San Benito eveningprimrose occurs primarily on land 

managed by the Bureau of Land 

Management (BLM) (36.5 acres), as well 

as on private land (26.6 acres). 

BILLING CODE 4333–15–P 


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6048 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

BILLING CODE 4333–15–C 

San Benito evening-primrose occurs 

on alluvial terraces and upland geologic 

transition zones containing sandy to 

gravelly serpentine derived soil, but 

may also be found on greywacke, chert, 

and syenite derived soils (Raven 1969, 

pp. 332–333, Taylor 1990, pp. 24–36, 

39–42, BLM 2018, pp. 17–19). Alluvial 

terrace habitat is characterized by 

serpentine soils that are deeper and 

better developed than neighboring 

slopes, generally flat (<3 degrees slope), 

and contain less than 25 percent cover 

of chaparral or woody vegetation 

(Taylor 1990, pp. 69, 71–72, USFWS 

2006, p. 13). Geologic transition zone 

habitat is characterized by sandy soils 

within uplands on slopes between 15 

degrees and 60 degrees as well as rock 

outcrops and talus (Dick et al. 2014, p. 

167, BLM 2018, p. 18). The transition 


khammond on DSKJM1Z7X2PROD with RULESER03FE22.041</GPH>

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/ Reservoir -..... .... .i.....<J 

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• San Benito evening-primrose locations 

~ Clear Creek Management Area 

~ Area of Critical Environmental Concern 

~ Bureau of Land Management 

f22j State Resource Management Area 

D Private 

Streams 

Roads 

County 

Figure 1. Known locations of San Benito evening-primrose with land management 

identified. 
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6049 

zone that the habitat type refers to is the 

boundary between serpentine masses 

and non-serpentine rock (BLM 2014, pp. 

110–112). Generally, alluvial habitat is 

found closer to water and in association 

with Quercus durata (leather oak), 

Arctostaphylos spp. (manzanita), Pinus 

jeffreyi (Jeffrey pine), P. sabiniana (bull 

pine), and P. coulteri (Coulter pine). 

Geologic transition zone habitat is found 

far from water and in association with 

Q. douglassii (blue oak), Juniperus 

californicus (California juniper), and Q. 

berberidifolia (scrub oak) (Dick et al. 

2014, p. 167). 

Within this rule, a single 

‘‘occurrence’’ refers to areas where San 

Benito evening-primrose has been 

mapped. Mapped areas within 0.25 mi 

(0.4 km) of each other, but 

discontinuous, are considered a single 

occurrence consisting of multiple suboccurrences. The BLM has recorded 

point data, in addition to polygon suboccurrences for San Benito eveningprimrose, which are referred to as point 

locations in this report. Point locations 

are mapped point features while suboccurrences are mapped polygon 

features. 

The BLM first identified the geologic 

transition zone habitat type in 2009 

through surveys of potential habitat and 

known occurrences of San Benito 

evening-primrose. The discovery of the 

new habitat type, and associated new 

occurrences, increased the number of 

known point locations from 69 in 2009 

to 666 in 2020 (BLM 2020b, p. 25). The 

difference between geologic transition 

zone habitat and alluvial terrace habitat 

suggested the possibility that there were 

two genetically distinct lineages of San 

Benito evening-primrose or that the 

species may be hybridizing with the 

close relatives plains evening primrose 

(C. contorta) and sandy soil suncup (C. 

strigulosa). However, it was determined 

that hybridization was not occurring 

and that watersheds and habitat type 

did not explain any genetic differences 

that were identified (Dick et al. 2014, 

entire). The findings indicate that the 

known occurrences of San Benito 

evening-primrose are all part of the 

same genetic population (Dick et al. 

2014, entire). 

The BLM has been conducting 

surveys for San Benito evening-primrose 

since 1980 within the Clear Creek 

Management Area, where the majority 

of sub-occurrences are located. The 

surveys conducted by the BLM have 

resulted in an increase in the 

understanding of the range of the 

species, habitat preferences, life history, 

and numbers (BLM 2018, entire). The 

monitoring has resulted in the 

identification of 666 point locations 

occurring within and outside of the 

boundary of the Clear Creek 

Management Area (CCMA), including a 

substantial number on private land (7 

known point locations in 2009 and 287 

known point locations in 2020) (BLM 

2020b, p. 25). 

The species’ current known range is 

bordered on the north by New Idria 

Road near the confluence of Larious 

Creek and San Carlos Creek, to the 

South at the Monterey County Line near 

Lewis Creek, to the west near the 

Hernandez Reservoir, and to the east by 

the eastern boundary of the serpentine 

area of critical environmental concern 

(ACEC), an area of approximately 307 

square miles. The BLM’s ACEC 

designations highlight areas where 

special management attention is needed 

to protect important historical, cultural, 

and scenic values, or fish and wildlife 

or other natural resources. ACECs can 

also be designated to protect human life 

and safety from natural hazards. The 

known occurrences cover 64 ac (26 ha) 

of public and private land, and potential 

suitable habitat is currently estimated at 

260 ac (105 ha) (BLM 2018, p. 31). 

The findings of the BLM have been 

documented in annual reports from 

2009 to 2020 and are the source of the 

most recent information regarding the 

status of the occurrences of San Benito 

evening-primrose. In response to the 

proposed rule, the BLM provided 

additional information regarding the 

effects of climate change, woody 

vegetation dynamics, habitat 

recolonization, photopoint monitoring, 

and life-history information (BLM 

2020a, BLM 2020c, BLM 2020d, BLM 

2020e, BLM 2020f). 

This final determination incorporates 

data provided by the BLM within the 

2018 and 2020 Annual Report (BLM 

2018, entire, BLM 2020b, entire) as well 

as the supplemental information 

provided in response to the proposed 

rule. In 2020, 79 occurrences, consisting 

of 519 sub-occurrences, and 666 point 

locations were mapped by the BLM 

(table 1) (BLM 2018, spatial data, BLM 

2020b, pp. 10–22). 

TABLE 1—2020 BLM SURVEY RESULTS

Number of 

occurrences 

Number of 

sub-occurrences 

Number of 

point locations 

Acres 

(hectares) 

2020 San Benito evening-primrose (Camissonia benitensis) survey results .................................................................................. 79 519 666 63.2 (25.6) 

Occurrences consist of sub-occurrences (mapped polygons) within 0.25 mile of each other. Point locations are reported in the 2020 Annual 

Report (BLM 2020 p. 25). Acreage data are derived from the spatial extent of the mapped occurrences. 

The BLM compared historical 

occurrence data to their point location 

counts in their annual reports, which 

we used in the Recovery Plan (USFWS 

2006, entire) and 5-year review (USFWS 

2009, entire). Here, we have chosen to 

update the occurrence organization 

because the numbers of occurrences, 

sub-occurrences, and point locations 

have increased dramatically since 2009. 

Table 1 illustrates the relationship 

between occurrences, sub-occurrences, 

and point locations. Occurrence 

contains sub-occurrences and point 

locations. Sub-occurrences contain 

point locations, and point locations 

have no further break down. When 

possible, we use the same terminology 

as previous reports. 

Recovery and Recovery Plan 

Implementation 

Section 4(f) of the Act directs us to 

develop and implement recovery plans 

for the conservation and survival of 

endangered and threatened species 

unless we determine that such a plan 

will not promote the conservation of the 

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

recovery plans must, to the maximum 

extent practicable, include objective, 

measurable criteria which, when met, 

would result in a determination, in 

accordance with the provisions of 

section 4 of the Act, that the species be 

removed from the List. 

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 


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6050 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 

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 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 the recovery 

plan goals and discuss progress toward 

meeting the recovery objectives and 

how they inform our analysis of the 

species’ status and the stressors 

affecting it. 

The Recovery Plan (USFWS 2006, pp. 

48–74) describes the recovery goal and 

criteria that need to be achieved in order 

to consider delisting San Benito 

evening-primrose. We summarize the 

goal and then discuss progress toward 

meeting the recovery criteria in the 

following sections. 

Recovery Goal 

In the Recovery Plan, the stated goal 

is to restore occurrences of San Benito 

evening-primrose so that they are selfsustaining and protected from future 

threats (USFWS 2006, p. 51). This goal 

is broadly evaluated through trends in 

the observed numbers of individuals 

indicated by annual monitoring, the 

abundance and distribution of suitable 

habitat, evaluation of the seed bank, and 

the effectiveness of protective measures 

that have been implemented to reduce 

threats from human activities such as 

mining, OHV use, and other recreational 

activity (USFWS 2006, pp. 51–52). In 

order to determine if a species meets the 

definition of a threatened species, we 

must consider potential impacts within 

the foreseeable future. The Recovery 

Plan (USFWS 2006, entire) used 20 

years as the period of time to evaluate 

population stability because the number 

of individuals fluctuates widely from 

year to year and a longer monitoring 

time will better reflect changes in trends 

despite this variation (USFWS 2006, pp. 

51, 53). Given this and information on 

potential threats into the future, in this 

final rule we have adopted 20 to 30 

years as the foreseeable future to 

evaluate potential threats and the 

species’ responses to those threats. 

Recovery Criteria 

The Recovery Plan identified five 

criteria for delisting the San Benito 

evening-primrose (USFWS 2006, pp. 

52–54): 

(1) Research has evaluated the 

possibility for restoration of suitable 

habitat and the natural rate of the 

replacement of suitable habitat (i.e., 

succession from open habitat to woody 

vegetation), the ecology of the seedbank, 

and population viability modeling. The 

results of completed research, and any 

other research that was conducted, 

should inform all other recovery criteria 

suggested by the Recovery Plan and are 

listed below. 

(2) Known occurrences and sufficient 

additional suitable habitat within each 

watershed unit throughout its range are 

protected from direct effects from OHV 

use and other recreational activities. 

Appropriate levels of compliance with 

use regulations by recreationists have 

prevented adverse impacts to San 

Benito evening-primrose occurrences 

and habitat. 

(3) Currently occupied and suitable 

habitat for the species has been restored 

and maintained over an appropriate 

period of time, as informed by 

monitoring and research. Twenty years 

was estimated as ‘‘the appropriate 

period of time’’ in the Recovery Plan 

(USFWS 2006, p. 53). The Recovery 

Plan emphasizes maintaining suitable 

habitat and more precisely defining the 

requirements of suitable habitat. 

Additionally, disturbance and erosion 

rates should not be elevated above 

natural levels and the seed bank should 

be evaluated for continued persistence, 

as above-ground numbers of individuals 

are known to fluctuate widely from year 

to year. 

(4) Population sizes have been 

maintained over a monitoring period 

that includes multiple rainfall cycles 

(successive periods of drought and wet 

years). The Recovery Plan states that the 

trend of above-ground counts of species 

should be stable or increasing and 

defines non-drought years as those with 

greater than 15 in (38 cm) of rainfall 

from October through April at the Priest 

Valley weather station. 

(5) A post-delisting monitoring plan 

for San Benito evening-primrose has 

been developed. 

Achievement of Recovery Criteria 

Criterion 1: Research has been 

completed. 

Research to increase the 

understanding of the extent of existing 

occurrences, the range of suitable 

habitat, the persistence of the seed bank, 

and analysis of the genetic variability 

across watersheds and habitat types has 

been undertaken since listing in 1985 

(Taylor 1990, entire; BLM 2010, entire; 

BLM 2014, entire; BLM 2015, entire; 

BLM 2018, entire; Dick et al. 2014, 

entire). 

Habitat Suitability. Research 

conducted in 1990 (Taylor 1990, entire) 

provided the first comprehensive 

overview of the ecology of San Benito 

evening-primrose that established the 

initial understanding for the 

requirements of suitable habitat for the 

species, the species’ life history, 

including early examination of the seed 

bank and germination characteristics, 

and the known distribution of the 

species as well as threats to the known 

occurrences. From 1990 through 2010, 

San Benito evening-primrose was 

thought to be restricted to alluvial 

terrace habitat that was characterized by 

relatively deep and well-developed, 

serpentine-derived soils on flat ground 

(compared to nearby barren serpentine 

slopes), association with ephemeral or 

intermittent streams, and open habitat 

lacking woody vegetation (Taylor 1990, 

pp. 39–40). In 2010, the BLM identified 

a second type of habitat, termed the 

‘‘geologic transition zone,’’ that was 

suitable for San Benito eveningprimrose (BLM 2010, pp. 8–16). The 

geologic transition zone was 

characterized by relatively steeper 

slopes (0– ∼60 degrees) of uplands on 

serpentine soils at the interface with 

non-serpentine soils. Geologic transition 

zone habitat is not topographically 

constrained to the toe of slopes, whereas 

alluvial stream terrace habitat is. 

From the time of listing through 2018, 

the BLM conducted extensive surveys 

within these habitat types, which led to 

the discovery and documentation of 

more than 600 new point locations. The 

results indicated that the majority of 

both occupied and potential habitat is 

greatest within the geologic transition 

zone type (BLM 2018, p. 32). The new 

sub-occurrences identified within the 

geologic transition zone habitat are 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6051 

relatively undisturbed in comparison to 

the highly disturbed sites of the initial 

locations known from alluvial stream 

terraces (BLM 2010, p. 11). The majority 

of new point locations are found outside 

of the historical areas used by OHVs and 

as a result have not been subjected to 

the same levels of disturbance. 

Approximately one-third to half of the 

currently known occurrences exist on 

private land outside of the Clear Creek 

Management Area (table 2, table 3) 

(BLM 2018, p. 33). 

Seed Bank Analysis. Our 

understanding of the role of the seed 

bank in the life history of San Benito 

evening-primrose has similarly 

increased due to research efforts. The 

number of viable seeds within the seed 

bank was often many times greater than 

the above-ground expression in any 

given year—including those years in 

which there was a large above-ground 

expression (Taylor 1990, p. 57). The size 

of the seed bank at existing locations 

was reevaluated in 2010 by the BLM 

(BLM 2011, pp. 36–42). The BLM found 

that there were 519 times as many seeds 

as emergent plants when averaged 

across 67 sub-occurrences in 2010, 

emphasizing that the size of the 

seedbank is much greater than the total 

number of observed individuals in a 

given year. Maintaining a large amount 

of seed within the soil is a common 

strategy for short-lived annuals in 

habitats with frequent disturbance 

because the persistent seed bank buffers 

against stochastic environmental events 

such as drought (Kalisz and McPeek 

1993, pp. 319–320; Fischer and Matthies 

1998, pp. 275–277; Adams et al. 2005, 

p. 434). In species that develop large 

seed banks, it is common to see no 

above-ground expression one year and 

to see a large expression the following 

year, and this pattern has been welldocumented with San Benito eveningprimrose (BLM 2018, p. 11). 

Disturbance Ecology. Frost heaving 

(the expansion and contraction of water 

within the soil during freeze-thaw 

cycles), small mammal soil disturbance 

(e.g., gopher burrowing), sediment 

movement from adjacent slopes, and 

erosion from stream flows were 

identified as the primary sources of 

natural disturbance experienced by San 

Benito evening-primrose (Taylor 1990, 

pp. 39–42, 57). In response to the 

proposed rule, the BLM developed 

severity tables for natural and 

anthropogenic sources of disturbance 

(BLM 2020c, pp. 24–26). While San 

Benito evening-primrose tolerates, and 

is adapted to, disturbance from natural 

processes, anthropogenic disturbances 

from activities such as mining, road and 

building construction, and OHV use are 

much more severe and may lead to loss 

of habitat through soil removal, soil 

compaction, and increased rates of 

erosion (BLM 2010, p. 29, Snyder et al. 

1976, pp. 29–30, Brooks and Lair 2005, 

p. 7, pp. 130–131, Lovich and 

Bainbridge 1999, pp. 315–317, Switalski 

et al. 2017, p. 88). 

San Benito evening-primrose occurs 

in areas where the disturbance regime is 

intermediate between two extremes of 

not enough disturbance and too much 

disturbance. The disturbance regime 

may be viewed as a combination of the 

frequency of disturbance and the 

intensity of disturbance. Too little 

disturbance results in increased 

competition from woody vegetation that 

negatively affects San Benito eveningprimrose occurrences. Conversely, high 

levels of disturbance results in direct 

mortality and loss of seed bank (BLM 

2020c, entire). Alluvial terrace habitat 

that was greater than 50 percent 

disturbed from OHV use was considered 

to be unsuitable for San Benito eveningprimrose (Taylor 1990, p. 71; USFWS 

2006, p. 13). Geologic transition zone 

habitat was not considered here because 

it had not yet been recognized as 

suitable habitat, but tends to have less 

OHV disturbance than alluvial terrace 

habitat. The seed bank of San Benito 

evening-primrose is very large, and the 

amount of seed present is many times 

greater than the amount of individuals 

that germinate in any given year (Taylor 

1990, p. 57, BLM 2011, pp. 33–42). 

Additionally, the BLM found that the 

majority of the existing seed bank is 

found within the top 1 to 3 in (4 to 8 

cm) of soil (BLM 2013, pp. 19–34). As 

a result, any damage to, or loss of, the 

top layer of soil has the potential to 

negatively affect the ability of the 

species to persist through time. 

Population Trends. The Recovery 

Plan recommends target numbers of 

individuals for a subset (27) of the 

known occurrences of San Benito 

evening-primrose (USFWS 2006, pp. 

56–58). These occurrences also 

generally have the longest record of 

survey data and include the initial 

occurrences described in Taylor (1990, 

entire). Consistent data collection of all 

27 of these occurrences began in 1998. 

Although data for some occurrences is 

available from 1983, the current 

population trend analysis uses 1998 as 

a starting point in order to keep the total 

number of occurrences per year the 

same, thereby allowing comparisons 

across years. Data from the BLM 

indicate that the number of individuals 

observed annually at these occurrences 

has varied around a mean of 

approximately 9,690 individuals (figure 

2). The 5-year moving average indicates 

a slightly oscillating but generally stable 

trend in the average number of 

individuals from 1998 through 2020. 

Alternative analyses of the data using 

either more years of historical data and/ 

or more occurrences have all concluded 

relatively similar results suggesting that 

the population is stable (85 FR 33060, 

BLM 2020g, entire). 

BILLING CODE 4333–15–P 


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BILLING CODE 4333–15–C 

Population Genetics. The occurrences 

of San Benito evening-primrose found 

within geologic transition zone habitat 

were at first thought to be genetically 

distinct from occurrences within 

alluvial terrace habitat. The new 

occurrences were also located within 

different watersheds from the first 

known occurrences, and there was some 

question as to whether or not the 

species may be hybridizing with a close 

relative, Camissonia strigulosa 

(contorted primrose). If the occurrences 

were genetically distinct, recovery 

actions, such as restoration of degraded 

habitat and out-planting efforts, would 

need to be identified for each habitat 

type. There were three distinct genetic 

clusters of San Benito evening-primrose 

found, but none of the genetic clusters 

coincided with type of habitat or 

watershed (Dick et al. 2014, entire). 

Additionally, the same study found no 

evidence of hybridization between San 

Benito evening-primrose and contorted 

primrose. Because the genetic diversity 

identified within the occurrences was 

widespread and uncorrelated with 

habitat and watershed, future outplanting efforts would not need to be 

restricted to genetic type. The study 

instead concluded that seed from 

different occurrences should be mixed 

to increase diversity across the entire 

geographic range. 

In summary, research to increase the 

understanding of the extent of existing 

occurrences, the range of suitable 

habitat, the persistence of the seed bank, 

and analysis of the genetic variability 

across watersheds and habitat types 

have been undertaken fulfilling recovery 

criterion 1. 

Criterion 2: Known occurrences and 

sufficient additional suitable habitat 

within each watershed unit throughout 

its range are protected from direct 

effects from OHV use and other 

recreational activities. 

Wire fencing, steel pipe barriers, 

signage, and enforcement of trail 

restrictions were used to protect San 

Benito evening-primrose and suitable 

habitat prior to the 2006 amendment to 

the Resource Management Plan. The 

2006 amendment to the Resource 

Management Plan closed to OHVs all 

areas not marked for limited or open 

use. This restricted the total OHV use 

area to 242 miles (390 km) of OHV trails 

and directed OHV use away from areas 

that provided suitable habitat for, or 

were occupied by, San Benito eveningprimrose (BLM 2006 p. 3–1). By 2009, 

non-compliance with the 2006 Resource 

Management Plan had declined (BLM 

2008, pp. 5–9; USFWS 2009, pp. 19–21). 

In 2008, the EPA issued a report 

concluding that exposure to naturally 

occurring asbestos during recreational 

activities, including OHV use, was 

higher than the acceptable risk range for 

causing cancer within the CCMA 

(Environmental Protection Agency 

(EPA) 2008, p. 6–3). The level of 

exposure to asbestos varied with 

recreational activity and participant age, 

but was significant enough to warrant 

an emergency temporary closure of the 

CCMA (BLM 2008, p. 2). Although not 

the intent, the closure effectively 

temporarily protected all known 

occurrences of San Benito eveningprimrose from OHV disturbance. The 

temporary closure remained in place 

until the 2014 amendment to the 

Resource Management Plan was 

adopted (BLM 2014, entire). The 2014 

Resource Management Plan further 

restricted OHV access to areas of 

suitable habitat and known suboccurrences of San Benito eveningprimrose by reducing the amount of 

open trails and restricting access to the 

Serpentine ACEC to 5 days per year per 

recreationalist through a permit system 

and a series of locked gates (BLM 2014, 

pp. 1–18). 

The BLM has conducted OHV noncompliance monitoring as part of the 

annual San Benito evening-primrose 


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100000 ---------------------------------

10000 

'.i' 

; 

l 

Ji!! 

fl! 

:, 1000 - :2 

.i! 

'Cl 

.5 

'o 

.. 

QI 100 .s:, 

E 

:, 

z 

iii 

~ 10 

1---------------------------------

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 

Figure 2. Total number of individuals observed at 27 occurrences of San Benito eveningprimrose (C. benitensis) within the Clear Creek Management Area from 1998 through 2020. The 

solid line shows the annual total, while the hashed line shows the 5-year moving average. The 

dotted line shows a linear fit of the annual total data. Note that the y-axis is on a log scale. 
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Rules and Regulations 6053 

surveys since 2008 and the initial 

closure of the Serpentine ACEC (table 

2). During this time, non-compliance 

has remained relatively low with the 

number of point locations or potential 

habitat being impacted by OHV ranging 

from 2 to 11 locations in a given year. 

The amount of disturbance within each 

area has been observed to be low, and 

natural recovery was observed. Upper 

Clear Creek, Larious Canyon, and San 

Carlos Creek are areas of repeated noncompliance despite annual repairing of 

fencing and barriers and issuance of 

citations for violating the closures when 

users are caught (BLM 2013, p. 5, BLM 

2015, p. 6, BLM 2020b, pp. 7–8). The 

intensity of non-compliance varied from 

heavy (greater than 10 tracks observed) 

to moderate or low (less than 10 tracks 

observed). The BLM assumes that noncompliant OHV use originates from 

private land adjacent to the CCMA. 

TABLE 2—SUMMARY OF OFF-HIGHWAY VEHICLE NON-COMPLIANCE WITHIN THE SERPENTINE AREA OF CRITICAL

ENVIRONMENTAL CONCERN 2008 THROUGH 2020 

Year * 

Number of point 

locations with 

observed 

non-compliance 

Minimum 

number of 

tracks 

Maximum 

number of 

tracks 

Average 

number of 

tracks 

Reference 

2008 ..................................................................... 6 NA NA NA BLM 2008 pp. 8–9. 

2009 ..................................................................... 3 NA NA NA BLM 2010 p. 5. 

2010 ..................................................................... 2 2 10+ 2 BLM 2011 pp. 12– 

13. 

2012 ..................................................................... 11 1 10+ 7 BLM 2012 p. 5. 

2013 ..................................................................... 10 1 10+ 8 BLM 2013 p. 5. 

2014 ..................................................................... 9 1 10+ 5 BLM 2015 p. 6. 

2015 ..................................................................... 8 1 10+ 7 BLM 2017 pp. 6–7. 

2016 ..................................................................... 6 1 10+ 8 BLM 2017 p. 8. 

2020 ..................................................................... 12 1 10+ 8 BLM 2020b pp. 7–8. 

* No data available for 2011, 2017, 2018. Minimum, maximum, and average number of tracks observed were not available for the 2008 and 

2009 survey seasons. 

By 2014, the number of known point 

locations of San Benito eveningprimrose had grown to 500 with the 

majority occurring within the geologic 

transition zone habitat. Approximately 

half of those locations were protected 

from OHV use due to the restrictions 

imposed by the 2014 Resource 

Management Plan (BLM 2014, pp. 1–18; 

BLM 2015, pp. 7–16). By 2020, 666 

point locations of San Benito eveningprimrose had been mapped by the BLM 

(BLM 2020b, p. 25). The 666 point 

locations correspond to 79 occurrences 

consisting of 519 sub-occurrences and 

covering 63.2 acres (25.6 ha) (table 1, 

figure 1). Twenty-three occurrences (81 

sub-occurrences) are located within the 

Serpentine ACEC and are effectively 

protected from OHV use due to the 2014 

Resource Management Plan (BLM 2018, 

p. 33) (table 3). There are 36 occurrences 

(260 sub-occurrences) within BLMmanaged land outside of the Serpentine 

ACEC. OHV use within the CCMA, but 

outside of the Serpentine ACEC, has 

been designated as ‘‘limited,’’ meaning 

that motorized use is restricted to 

highway-licensed vehicles and ATVs 

and utility task vehicles on designated 

routes only (BLM 2014, pp. 1–13—1– 

14). Forty-five occurrences (178 suboccurrences) are known to occur on 

private land that is not subject to 

management by the BLM or other 

Federal agencies (table 3, table 4). 

When the Recovery Plan criteria were 

written, there were 27 known 

occurrences: 23 were on land managed 

by the BLM, and 4 were on private 

property. Currently, there are 59 

occurrences on BLM-managed land and 

45 occurrences on private property. 

Protections for the occurrences on 

private land cannot be guaranteed; 

however, the occurrences on BLM lands 

are managed to protect San Benito 

evening-primrose from OHV use and 

other recreational activities. 

TABLE 3—NUMBER OF OCCURRENCES, SUB-OCCURRENCES, AND ACREAGE OF MAPPED SAN BENITO EVENING-PRIMROSE

(CAMISSONIA BENITENSIS) LOCATIONS BY LAND MANAGER

Number of 

occurrences 

Number of 

sub-occurrences Acres 

BLM ........................................................................................................................................ 36 260 23.8 

ACEC ..................................................................................................................................... 23 81 12.7 

Private .................................................................................................................................... 45 178 26.6 

Occurrences consist of sub-occurrences (mapped polygons) within 0.25 mile of each other. Point locations are reported in the 2020 Annual 

Report (BLM 2020b p. 25). Acreage data are derived from the spatial extent of the mapped occurrences. Note that occurrences that encompass 

multiple property owners may be counted twice because of how the mapped data are nested. 

The majority of the known 

occurrences and sub-occurrences occur 

within the geologic transition zone 

identified by the BLM as habitat in 2010 

(table 4). Occurrences of San Benito 

evening-primrose within geologic 

transition zone habitat are assumed to 

be less likely to be affected by OHV 

recreation since OHV riders have 

historically preferred the terrain 

associated with alluvial terrace habitat 

(BLM 2010, p. 11). In summary, known 

occurrences and sufficient additional 

suitable habitat within each watershed 

unit throughout its range are protected 

from direct effects from OHV use and 

other recreational activities, fulfilling 

recovery criterion 2. 


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TABLE 4—NUMBER OF KNOWN OCCURRENCES AND SUB-OCCURRENCES BY LAND MANAGER AND HABITAT TYPE

Alluvial terrace habitat Geologic transition zone habitat 

Number of 

occurrences 

Number of 

sub-occurrences Acres Number of occurrences 

Number of 

sub-occurrences Acres 

BLM ..................................................... 17 104 6.7 19 156 17.2 

ACEC ................................................... 6 37 3.0 17 44 9.7 

Private ................................................. 10 26 0.6 35 152 26.0 

Total ............................................. 33 167 10.3 71 352 53.0 

Occurrences consist of sub-occurrences (mapped polygons) within 0.25 mile of each other. Point locations are reported in the 2020 Annual 

Report (BLM 2020b p. 25). Acreage data are derived from the spatial extent of the mapped occurrences. Note that occurrences that encompass 

multiple property owners may be counted twice because of how the mapped data are nested. 

Criterion 3: Currently occupied and 

suitable habitat for the species has been 

restored and maintained over an 

appropriate period of time, as informed 

by monitoring and research. 

In the Recovery Plan, 20 years was 

identified as the appropriate period of 

time to conduct and evaluate the 

success of restoration activities. Twenty 

years was chosen to allow enough time 

for observations of natural and restored 

occurrences during non-drought years to 

be made in order to evaluate the 

stability of San Benito evening-primrose 

occurrences (USFWS 2006, pp. 53–54). 

Thirty-three years have passed since 

San Benito evening-primrose was listed 

by the Service as a threatened species. 

Restoration began prior to listing by 

using fencing to discourage disturbance 

by OHVs (Taylor 1990, pp. 24–36, 71). 

The BLM has continued to implement 

passive restoration measures such as 

installation of additional wire fencing 

and steel pipe barriers to reduce OHV 

trespass and signage to promote 

awareness of the natural resources (BLM 

2018 pp. 50–56). Photopoint monitoring 

has demonstrated an increase in the 

amount of woody vegetation cover in 

previously open and disturbed areas. 

The increase in woody vegetation cover 

suggests that fencing and other barriers 

have been effective in reducing ground 

disturbance from OHV use prior to the 

temporary closure in 2008 and the 

permanent restrictions in 2014 (BLM 

2020e, entire). 

Seed of San Benito evening-primrose 

was introduced between 1990 and 1991 

at six areas near existing point locations. 

At 5 of the reintroduction sites, 30,000 

seeds were broadcast into areas that 

were each 2,153 ft2 (200–300 m2) in 

area. Sixty thousand seeds were 

broadcast into the sixth site (BLM 2013, 

Excel data; Taylor 1993, p. 14). Very few 

plants, relative to the amount of seed 

reintroduced, were observed (between 3 

and 147 plants) in the years 

immediately following the seeding. The 

results of early seed introductions 

indicate that San Benito eveningprimrose establishment from artificially 

sown seed is very low (Taylor 1993, p. 

14). One area where seed was 

introduced, that did not previously have 

extant populations, has continued to 

have small numbers of individuals 

observed each year. The establishment 

of San Benito evening-primrose in an 

area where it did not previously occur, 

despite low numbers of individuals 

relative to number of seed introduced, 

led to the recommendation that seed 

introductions should be used as a tool 

for San Benito evening-primrose 

conservation and recovery (Taylor 1995, 

p. 7). Approximately 3,000 seeds were 

sown in 2008 and 2012 in areas where 

San Benito evening-primrose had not 

been observed but where potential 

habitat existed that could support new 

occurrences. The number of individuals 

at these areas have remained similarly 

low ranging from 0 to 320 individuals 

in a single year (BLM 2018, pp. 34–47). 

Restoration of five staging areas 

located on stream terraces that were 

heavily degraded from OHV use and 

mining (prior to 1939) was completed in 

2010 (BLM 2011, pp. 4–10). The staging 

areas were characterized by a mix of 

lack of vegetation, soil compaction, 

buried original soil surface, debris from 

facilities, and erosion on adjacent 

hillslopes. A total of 2.01 ac (0.81 ha) of 

San Benito evening-primrose habitat 

was restored. The BLM estimated that 

San Benito evening-primrose may 

recolonize restored areas within 5 years 

when seed is introduced following 

restoration. If seed is not added, 

recolonization through natural dispersal 

may take up to several decades (BLM 

2020d, pp. 3–4). Annual counts of San 

Benito evening-primrose at each of the 

staging areas and associated suboccurrences have indicated that the 

number of individuals in any given year 

fluctuates greatly (BLM 2018, pp. 34– 

47). Staging areas 1, 4, and 5 have 

relatively stable annual counts, while 

staging areas 2 and 3 have had more 

variable, and possibly slightly declining, 

annual counts. 

The BLM has also undertaken efforts 

to improve watershed quality by 

identifying the most appropriate species 

and methods to restore streambanks 

(BLM 2011, pp. 10–12). While the 

immediate stream banks are not suitable 

habitat for San Benito evening-primrose, 

restoring natural hydrology and 

maintaining bank composition can 

reduce sedimentation and erosion in the 

watershed that indirectly supports the 

persistence of San Benito eveningprimrose habitat. The BLM found that 

revegetation of degraded streambanks 

using sod of Agrostis exarata (spike 

bentgrass) was most effective. 

Additionally, six vehicle routes were 

closed and restored by removing access 

and ripping the compacted soil (BLM 

2011 p. 10). 

In summary, currently occupied and 

suitable habitat for the species has been 

restored and maintained over an 

appropriate period of time, as informed 

by monitoring and research, fulfilling 

recovery criterion 3. 

Criterion 4: Population sizes have 

been maintained over a monitoring 

period that includes multiple rainfall 

cycles (successive periods of drought 

and wet years). 

The Recovery Plan recommended a 

target average number of individuals for 

27 occurrences of San Benito eveningprimrose (USFWS 2006, pp. 54–58). The 

target counts were based on past 

observations of the number of 

individuals observed during favorable 

years and were considered to be 

approximate. Four of the 27 locations 

with a target number of individuals had 

an average annual count that met or 

exceeded the target levels between 1983 

and 2017 (USFWS 2006, pp. 56–58; 

BLM 2018, pp. 34–35; USFWS Review 

of BLM reporting data). Five of the 27 

locations had an annual average count 

that met or exceeded the target number 

of individuals when only years with 

normal precipitation are considered. We 

consider the average number of 

individuals because the number of 

individuals at any given site fluctuate 


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greatly from year to year causing single 

year counts to be inaccurate measures of 

the stability of the species (figure 2). 

The total annual number of 

individuals for the same 27 sites has 

fluctuated around a mean of 

approximately 9,690 individuals since 

1998 (Figure 2). The total number of 

individuals appears stable over time. 

The 5-year moving average suggests a 

stable number of individuals from 1998 

to 2020. Although the target numbers 

have not been met for most of the 27 

occurrences known at the time of the 

2006 Recovery Plan, the Service 

determines that the recovery criterion is 

met because the number of individuals 

in those occurrences has remained 

stable around a 5-year moving average, 

and the number of occurrences has 

increased (population size has 

increased). Evaluating the trend of each 

of the 79 occurrences (666 point 

locations, see table 1) is not feasible 

because census data for the entirety of 

known point locations are not available. 

The target number of individuals has 

not been met for 23 of the 27 

occurrences with target criteria. 

However, the target numbers were 

estimates and the lack of a consistent 

decline in total annual counts suggest 

that, while the occurrences are not 

increasing in abundance of San Benito 

evening-primrose, they are not 

threatened with extinction. The lack of 

decline in number of individuals over a 

27-year monitoring period and an 

increase in the number of known 

occurrences indicate that the criteria of 

maintaining population numbers over 

an appropriate period of time has been 

met. 

Criterion 5: A post-delisting 

monitoring plan for the species has been 

developed. 

Section 4(g)(1) of the Act requires us, 

in cooperation with the States, to 

implement a system to monitor 

effectively, for not less than 5 years, all 

species that have been recovered and 

delisted (50 CFR 17.11, 17.12). The 

purpose of this post-delisting 

monitoring is to verify that a species 

remains secure from risk of extinction 

after it has been removed from the 

protections of the Act. The monitoring 

is designed to detect the failure of any 

delisted species to sustain itself without 

the protective measures provided by the 

Act. If, at any time during the 

monitoring period, data indicate that 

protective status under the Act should 

be reinstated, we can initiate listing 

procedures, including, if appropriate, 

emergency listing under section 4(b)(7) 

of the Act. Section 4(g) of the Act 

explicitly requires us to cooperate with 

the States in development and 

implementation of post-delisting 

monitoring programs, but we remain 

responsible for compliance with section 

4(g) and, therefore, must remain actively 

engaged in all phases of post-delisting 

monitoring. A post-delisting monitoring 

plan has been developed by the Service 

with input from the BLM, the sole 

Federal entity that manages land where 

San Benito evening-primrose occurs. 

Therefore, this criterion has been met. 

Summary of Recovery Criteria 

Based on the best available 

information, we conclude that the 

recovery criteria in the Recovery Plan 

have been achieved and the recovery 

goal identified in the Recovery Plan has 

been met for San Benito eveningprimrose. Recovery criterion 1 has been 

met with research to increase the 

understanding of the extent of existing 

occurrences, the range of suitable 

habitat, the persistence of the seed bank, 

and analysis of the genetic variability 

across watersheds and habitat types. 

Recovery criterion 2 has been met with 

protection of known occurrences and 

sufficient additional suitable habitat 

within each watershed unit throughout 

its range. Recovery criteria 3 and 4 have 

been met through the closure of the 

Serpentine ACEC, restoration of 

degraded areas, and observed stability of 

27 of the 79 occurrences over a period 

that included 18 years of normal rainfall 

over a 27-year period. Recovery 

criterion 5 has been met through the 

development of a post-delisting 

monitoring plan for the species in 

partnership with the BLM. 

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,’’ reclassifying species, or 

removing species from listed status. 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 must consider these same 

five factors in delisting a species. We 

may delist a species according to 50 

CFR 424.11(d) if the best available 

scientific and commercial data indicate 

that the species is neither endangered 

nor threatened for the following reasons: 

(1) The species is extinct; (2) the species 

does not meet the definition of an 

endangered species or a threatened 

species when considering the five 

factors listed above; or (3) the listed 

entity does not meet the statutory 

definition of a species. The same factors 

apply whether we are analyzing the 

species’ status throughout all of its 

range or a significant portion of its 

range. 

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. 

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 

expected response by the species, 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 


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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 the Services 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. For San Benito 

evening primrose, we examined the 

impacts of the threats out to 2050 based 

on our climate change assessment so our 

foreseeable future is projected out 

approximately 30 years. 

Analytical Framework 

The 5-year review documents the 

results of our comprehensive biological 

status review for the species, including 

an assessment of the potential threats to 

the species. The review provides 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 5-year 

review can be found at https://

www.regulations.gov under Docket 

FWS–R8–ES–2019–0065. Where 

information in the 5-year review is out 

of date, we have provided updated 

information in this final rule. 

Summary of Biological Status and 

Threats 

Historical analyses and discussion of 

the threats to San Benito eveningprimrose are detailed in the Recovery 

Plan (USFWS 2006, pp. 26–36) and 5- 

year review (USFWS 2009, pp. 10–18). 

An updated analysis and discussion 

follow here. Primary threats to San 

Benito evening-primrose identified in 

the listing rule included OHV use of 

occupied and potential habitat and 

gravel mining. Uncertainty about the 

reproductive capacity of the species and 

vandalism were also considered 

additional threats at listing. Vandalism 

was considered a threat due to the small 

population size and public resistance to 

listing the species under the Act. The 

resistance came from the OHV 

community perception that listing the 

species would inhibit their ability to 

continue recreating. However, 

vandalism was not believed to be 

significant with subsequent reviews of 

the species in the Recovery Plan and 5- 

year review and is not considered 

further in this final rule. Since listing, 

the Recovery Plan and 5-year review 

identified as additional threats: Soil loss 

and elevated erosion rates from OHV 

trails and staging areas, camping, 

facilities construction and maintenance, 

habitat alteration due to invasive 

species and/or natural vegetation 

community succession, climate change 

and the local effect on precipitation 

patterns and temperature, and stochastic 

events. The following sections provide a 

summary of the past, current, and 

potential future threats relating to San 

Benito evening-primrose. 

Off-Highway Vehicle Use 

Off-highway vehicle use of open 

serpentine barrens and alluvial terraces 

was considered the primary threat to 

San Benito evening-primrose when it 

was listed in 1985. Soil disturbance 

from OHVs increased soil loss, soil 

compaction, and could result in the 

physical removal of plants. Staging 

areas and camping associated with OHV 

use had similar negative impacts to the 

species and its habitat. Between 1985 

and 2010, the BLM implemented a 

series of measures to reduce effects to 

known habitat and occurrences of San 

Benito evening-primrose through 

fencing of sensitive areas, signage, 

designation of specific open riding 

areas, and enforcement and 

management of designated OHV trails. 

In 2005, the BLM estimated 50,000 

visitor-use days per year occurred 

within the CCMA (USFWS 2006, p. 27). 

OHV use decreased in 2008 following 

the release of an EPA report that found 

high levels of naturally occurring 

asbestos that posed a significant health 

risk to visitors within the Serpentine 

ACEC. 

To address the EPA findings, the BLM 

issued new Management Plans and 

associated Records of Decision in 2014, 

which restricted OHV access by 

reducing the amount of open trails and 

restricting access to the Serpentine 

ACEC to 5 days per year per 

recreationalist through a permit system 

and a series of locked gates (BLM 2014, 

pp. 1–18). Currently, only highwaylicensed vehicles are allowed within the 

Serpentine ACEC on designated roads 

and by permit, which is limited to 5 

use-days per year per person. These 

restrictions on OHV use have effectively 

removed OHV impacts to San Benito 

evening-primrose. OHV non-compliance 

with fencing and trail restrictions has 

been monitored within lands managed 

by the BLM. Findings of noncompliance remain low compared to 

levels of use prior to closure (table 2). 

Occurrences located on private 

property are not protected from OHV 

use, and occurrences on BLM land near 

private land are at greater risk of 

disturbance from OHV trespass. Under 

the current Resource Management Plan 

(BLM 2014, entire), because of its 

implementation of closures and 

restrictions, we do not consider OHV 

use to be a current threat or that it will 

become a threat to occurrences on BLM 

land in the foreseeable future. While 

BLM restrictions do not provide 

protection to occurrences on private 

land, the best available data on 

historical and current recreation levels 

do not indicate that the level of OHV 

use on private land will increase from 

current levels to levels that would 

threaten the persistence of the species in 

the foreseeable future. 

Mining 

The last commercial mining in the 

CCMA ceased extraction activities in 

2002 (BLM 2018, p. 66). The BLM has 

acquired surface rights to 208 ha (520 

ac) along the lower reaches of Clear 

Creek up to and including the 

confluence with the San Benito River. 

This acquisition protects habitat and 

occurrences of San Benito eveningprimrose, but without having the 

mineral rights to the land, it cannot be 

considered fully under the control of the 

BLM (USFWS 2009, p. 13). The BLM 

decided in the 2014 Resource 

Management Plan that no mineral 

leasing or sales on public lands will 

occur within the Serpentine ACEC and 

that mineral leasing and sales on public 


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lands outside of the Serpentine ACEC 

will have ‘‘no surface occupancy’’ 

stipulations where occupied special 

status species habitat occurs (BLM 2014, 

pp. 1–36—1–37). With these 

requirements, and no active mining 

leases within suitable habitat and 

known occurrences, we conclude that 

mining is no longer a significant threat 

to San Benito evening-primrose and is 

not likely to become a threat in the 

foreseeable future. 

Rock hounding (hobby of collecting 

rock and mineral specimens) within the 

CCMA persists as a recreation activity, 

although information on the amount 

and effect of rock hounding on San 

Benito evening-primrose is lacking. 

However, given the restricted vehicle 

access and relatively low impact of an 

individual user versus a commercial 

mining operation, we consider that 

effects to San Benito evening-primrose 

from rock hounding are negligible and 

are not likely to become a threat in the 

foreseeable future. 

Soil Loss and Elevated Erosion Rates 

Soil loss and erosion may occur 

naturally due to seasonal disturbances 

as would be expected by frost heaving, 

overland sheet flow from precipitation, 

unconsolidated soil, sparse vegetation, 

and flood events. Some natural 

disturbances benefit the species by 

promoting areas relatively free of dense 

vegetation, increasing water infiltration, 

and aiding in dispersal of the San 

Benito evening-primrose downstream or 

downslope from existing occurrences. 

Many of the threats presented under 

Factor A may be considered a 

‘‘disturbance’’ to the habitat of the 

species, but this does not mean that they 

are beneficial. For example, the effects 

to soil from frost heaving and overland 

sheet flow are very different from those 

resulting from repeated use of OHVs. 

The BLM attempted to quantify the 

differences between the natural, or 

background, rates of soil loss and 

erosion, and those that result from OHV 

and highway vehicle use. The mean 

background soil loss in the Clear Creek 

Watershed was 8 yards3 (yd3) per acre 

per year (ac-year) (11 tons/ac-year) and 

that soil loss resulting from OHV open 

riding resulted in soil loss of 12 yd3/acyear (16 tons/ac-year) (PTI 

Environmental 1993, pp. 36–39). The 

erosion rate from roads was estimated at 

59 yd3/ac-year (80 tons/ac-year). 

Increased erosion and elevated soil 

loss are indicative of loss of suitable 

habitat. The seed bank may be lost as 

soil erodes, and the remaining soil may 

become compacted, decreasing 

germination potential as well as water 

retention. Trails that form from repeated 

use on open slopes or terraces may 

collect and funnel water, creating 

runnels, which in turn increase erosion 

while drawing water away from 

adjacent areas (Brooks and Lair 

2005, p. 7; Ouren et al. 2007, pp. 5–16). 

The BLM has recognized this issue and 

has attempted to enact minimization 

measures for soil loss and erosion. In 

the most recent Resource Management 

Plan, the BLM includes guidelines that 

call for road closures during extreme 

wet weather, prioritizing closed roads 

for restoration and reclamation, and 

establishing automated weather stations 

to monitor precipitation and soil 

moisture and requires approved erosion 

control strategies to be evaluated for any 

soil-disturbing activities on slopes of 

20–40 percent (BLM 2014, p. 1–30). 

Presently, the threat of soil loss and 

erosion is limited to natural cycles, 

remnant effects of past land use, and 

roads (for which the above 

minimization measures apply). 

Considering that additional suboccurrences of San Benito eveningprimrose continue to be identified and 

remain viable within habitat that is 

more prone to erosion (upland slopes of 

the geologic transition zone habitat 

type), it is unlikely that natural rates of 

soil loss and erosion present a threat to 

the continued existence of the species 

and are not likely to do so in the 

foreseeable future. 

Facilities Construction and 

Maintenance 

The construction of the BLM Section 

8 Administrative Site in 1988 and 

associated structures resulted in direct 

loss of San Benito evening-primrose and 

its habitat, although the species still 

occurs in the vicinity of the disturbance 

(USFWS 2009, pp. 12–13; BLM 2018, 

p. 34). The Section 8 Administrative 

Site was decommissioned in 2010 and 

replaced by the Clear Creek 

Administrative Site. The new 

administrative site was not constructed 

on occupied or potential habitat for San 

Benito evening-primrose, although the 

impacts resulting from the original 

disturbance remain (BLM 2018, p. 66). 

The old Section 8 Administrative Site is 

infrequently used and, at current levels 

of use, does not present a threat to the 

persistence of San Benito eveningprimrose, as evidenced by the discovery 

of new sub-occurrences and potential 

habitat throughout the CCMA (BLM 

2018, p. 66). No new facilities and 

construction projects are planned, and it 

is not likely that new projects in 

occupied or potential habitat will be 

proposed in the foreseeable future. 

Habitat Alteration Due to Invasive 

Species 

The serpentine-derived soils inhibit 

invasion from nonnative plant species 

where San Benito evening-primrose 

occurs. However, the habitat may still 

be degraded if invasion by nonnative 

species occurs on adjacent land. High 

densities of nonnative species may 

negatively influence existing or 

potential habitat for San Benito eveningprimrose by providing a persistent 

threat of colonization. Yellow star 

thistle (Centaurea solstitialis) and 

tocalote (C. melitensis) have been 

actively controlled near occurrences of 

San Benito evening-primrose within the 

CCMA since 2005 (BLM 2018, p. 62). 

The BLM has identified prescribed fire 

followed by broadcast application of 

clopyralid, a broadleaf specific 

herbicide, as the most effective means of 

reducing the cover of invasive species 

threatening San Benito eveningprimrose. The cover of yellow star 

thistle has been reduced by 95 percent 

in the Clear Creek drainage, and San 

Benito evening-primrose has expanded 

into the improved habitat (BLM 2018, p. 

62). The natural buffer that the 

serpentine-derived soils provide, 

coupled with BLM’s management of 

invasive species and the expansion of 

known sub-occurrences and potential 

habitat, make it unlikely that invasive 

species present a significant threat 

either now or into the foreseeable future 

to the persistence of San Benito 

evening-primrose. The abundance of 

invasive species will be monitored as 

part of the post-delisting monitoring 

plan. The post-delisting monitoring plan 

will suggest thresholds that will 

determine the necessary control efforts 

on federally managed land. 

Succession to Woody Shrub Community 

San Benito evening-primrose habitat 

is typically open and relatively free of 

high amounts of woody vegetation and 

canopy cover. Succession to a woody 

shrub community in habitat that 

presently or historically supported San 

Benito evening-primrose could result in 

increased canopy cover (potentially 

shading out San Benito eveningprimrose) and increased competition for 

resources (lessening the success of 

establishment and survival) (Taylor 

1990, p. 66). Photopoints initiated by 

the BLM in 1980 indicate that open 

serpentine barrens are less susceptible 

to encroachment by woody shrubs 

(typically chaparral species such as 

manzanita (Arctostaphylos spp.)) than 

alluvial terrace habitat. This is 

presumably due to the greater 

concentration of serpentine soils on the 


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open barrens compared to the more 

organic rich soils of the alluvial terraces. 

The immediate effect of encroachment 

by woody vegetation would be to 

reduce, or possibly eliminate, known 

occurrences and potential habitat of San 

Benito evening-primrose through 

competition and alteration of habitat 

structure. It is possible that the seed 

bank, once established, is long lived 

enough that it may persist through 

cycles of vegetation community shifts 

due to natural events such as fires as has 

been observed at least once within the 

CCMA (BLM 2020d, p. 3). The BLM has 

estimated that seed may remain viable 

for 107 years in the presence of common 

co-occurring shrubs (BLM 2015, pp. 16– 

28). 

San Benito evening-primrose has not 

been observed in the geologic transition 

zone habitat for as long a period of time 

as either alluvial terrace habitat or the 

open serpentine barrens. The rate of 

succession to woody vegetation is being 

monitored through photopoint 

monitoring by the BLM (BLM 2020e, 

entire). It is likely that the rate of 

succession to woody habitat is less 

within geologic transition zone habitat 

than alluvial terrace, but greater than 

the rate of succession compared to open 

serpentine barrens. Succession of plant 

communities is a natural process and 

may result in loss of current or potential 

habitat. However, the amount of new 

sub-occurrences that have been 

identified lessen the immediate risk to 

the existence of the species; therefore, 

succession to woody shrub community 

is not currently a species-level threat. 

No occurrences of San Benito eveningprimrose have been extirpated due to 

succession of woody vegetation since 

monitoring began in 1980, and, because 

San Benito evening-primrose grows on 

serpentine soils, threats to the species 

from succession to woody vegetation is 

also unlikely to be a threat in the 

foreseeable future. 

Stochastic Events 

At the time of listing, only nine 

occurrences of San Benito eveningprimrose were known within a 

relatively restricted range. The small 

number of occurrences increased the 

susceptibility of the species to 

extinction from a stochastic event, such 

as a fire, flood, drought, or other 

unpredictable event, because a single 

event had the capability to negatively 

impact all known occurrences at the 

same time. The vulnerability of the 

species to extinction from stochastic 

events has decreased as the number of 

known occurrences has increased to 79 

occurrences (519 sub-occurrences or 666 

point locations) occurring across 

multiple watersheds, and into a new 

habitat type (the geologic transition 

zone). The species’ current known range 

is approximately 307 square miles, an 

area large enough that it is unlikely that 

a single stochastic event would be able 

to impact the species. 

Within this broad range, 

approximately 260 ac (105 ha) is 

considered potential habitat (BLM 2018, 

p. 31), and 63.2 ac (25.6 ha) are known 

to be occupied. Despite the occupied 

area being relatively small, it is spread 

over a large geographic area across 

multiple habitat types and many 

occurrences, suggesting a low 

possibility of extinction from a single 

stochastic event. The presence of a longlived and well-established seed bank 

further insulates San Benito eveningprimrose from the possibility of 

extinction due to a single stochastic 

event. The land management practices 

of the BLM within the CCMA have 

promoted preserving and restoring San 

Benito evening-primrose habitat and the 

natural soil processes and hydrology of 

the watersheds it occurs within as well. 

Stochastic events are unlikely to 

threaten the species in the foreseeable 

future due to the current range of San 

Benito evening-primrose and number of 

known occurrences. 

Climate Change 

The terms ‘‘climate’’ and ‘‘climate 

change’’ are defined by the 

Intergovernmental Panel on Climate 

Change (IPCC). The term ‘‘climate 

change’’ thus refers to a change in the 

mean or variability of one or more 

measures of climate (for example, 

temperature or precipitation) that 

persists for an extended period, whether 

the change is due to natural variability 

or human activity (IPCC 2014a, pp. 119– 

120). The effects of climate change are 

wide ranging but include alteration of 

historical climate patterns including 

storm frequency and severity, seasonal 

shifts in temperatures, and changing 

precipitation patterns. Globally, these 

effects may be positive, neutral, or 

negative for any given species, 

ecosystem, land use, or resource, and 

they may change over time (IPCC 2014b, 

pp. 49–54; IPCC 2018, pp. 9–12). 

Potential effects derived from climate 

change have consequences for the 

biological environment and may result 

in changes to the suitability of currently 

occupied habitat through increased 

drought stress, shortened growing 

seasons, and alteration of the historical 

soil and hydrologic cycles. The effects 

of these changes to San Benito eveningprimrose and its habitat are not known, 

but we may reasonably infer potential 

effects from the globally anticipated 

changes. The State of California 

assessment on climate change provides 

a better estimate for the effects of 

climate change to areas occupied by San 

Benito evening-primrose. 

California released its fourth climate 

change assessment in 2018 (Langridge 

2018, entire). California’s Fourth 

Climate Change Assessment uses 

downscaled versions of the global 

climate models used by IPCC to create 

localized predictions based on future 

emissions scenarios to provide relevant 

predictions for management and 

planning. The range of San Benito 

evening-primrose falls within the 

Central Coast region of California’s 

fourth climate change assessment. In 

general, the region is expected to 

experience increasing minimum and 

maximum temperatures and slight 

increases in precipitation with 

significant increases in variability 

(Langridge 2018, p. 6). These expected 

trends are consistent within the range 

where San Benito evening-primrose 

occurs. The predicted increases in 

minimum temperature, maximum 

temperature, and precipitation are 

similar for both high (representative 

concentration pathway (RCP) 8.5) and 

low (RCP 4.5) emissions scenarios and 

across model variations (Cal-adapt 2020, 

p. NA; table 5). Data from weather 

stations within the range of San Benito 

evening-primrose indicate that the 

historical and/or modeled estimate of 

precipitation is high (by approximately 

2–4 inches) and that the estimate of 

minimum temperature is low (by 

approximately 5 °F) (BLM 2020a, pp. 3, 

9–10). 


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TABLE 5—CHANGES IN PRECIPITATION, MINIMUM AVERAGE TEMPERATURE, AND MAXIMUM AVERAGE TEMPERATURE FOR

LOW AND HIGH EMISSION SCENARIOS COMPARED TO HISTORICAL AVERAGES THROUGHOUT THE RANGE OF SAN BENITO EVENING-PRIMROSE

Precipitation (inches) Minimum average temperature (°F) Maximum average temperature (°F) 

Historical 

average 

RCP 4.5 

(RCP 8.5) 

Historical 

average 

RCP 4.5 

(RCP 8.5) 

Historical 

average 

RCP 4.5 

(RCP 8.5) 

20.2 23.5 (22.5) 38.4 41.3 (41.9) 70.0 72.9 (73.4) 

Reported values for the modeled futures are based on the average of the HadGEM2–ES (warmer and drier), CNRM–CM5 (cooler and wetter), 

and CanESM2 (average) models for running climate simulations. The RCP 4.5 scenario refers to a future scenario where emissions peak near 

2040 and then decline, while RCP 8.5 refers to a scenario where emissions continue to rise strongly through 2050 and plateau near 2100. The 

historical average is based on the years 1950–2005 as reported by cal-adapt.org. The modeled values are estimates from the years 2020–2050. 

A user defined boundary was used and was based on a polygon that was drawn to encompass all areas where San Benito evening-primrose 

occurs. 

Based on the state of California 

assessment of climate change, the IPCC 

data, taking into account known 

uncertainties with climate change 

projection, the effects of the predicted 

changes due to climate change to 

occurrences of San Benito eveningprimrose are varied and possibly 

contradictory (e.g., increased minimum 

temperatures may have both positive 

and negative effects). An increase in 

precipitation may provide additional 

water during the growing season, but 

the variability between seasons may 

result in long periods of drought 

followed by high-volume precipitation 

that may cause erosion. Increasing 

minimum temperatures may reduce the 

amount of days with frost, reducing 

seedling mortality but may also delay 

germination (BLM 2020a, pp. 6–7). 

Increasing maximum temperatures 

could result in increased stress for 

flowering individuals. Conversely, 

increased amounts of rain may promote 

increased germination and seedling 

success. 

The BLM conducted a climate 

envelope analysis comparing the range 

of precipitation and temperature values 

that San Benito evening-primrose and 

two close relatives, Camissonia contorta 

and C. strigulosa, occupy and evaluating 

the precipitation and temperature range 

that San Benito evening-primrose would 

shift into under the future climate 

scenarios. Under current conditions, the 

San Benito evening-primrose occupies a 

small precipitation and temperature 

niche that overlaps with both C. 

contorta and C. strigulosa suggesting 

that those species may indicate the 

environmental tolerance of San Benito 

evening-primrose. Under the considered 

future climate scenarios the 

precipitation and temperature range 

would fall within the current known 

habitable range of C. contorta and C. 

strigulosa suggesting that the predicted 

changes in climate would be tolerable 

by San Benito evening-primrose (BLM 

2020a, pp. 5–7, 14–15). 

Shifts in community composition are 

likely to occur as a result of changes in 

California’s climate and may impact the 

long-term suitability of currently 

occupied and potential habitat for San 

Benito evening-primrose. All California 

macrogroups of vegetation are expected 

to have moderate to high risk of 

vulnerability to climate change (Thorne 

et al. 2016, p. 1). This means that all 

vegetation communities are susceptible 

to portions of their current range 

becoming unsuitable. It is also possible 

that previously unsuitable areas for a 

given macrogroup will become suitable 

as physical parameters that were 

previously unfavorable become 

favorable. Vegetation communities 

migrating higher in elevation along 

temperature gradients or moving upland 

as sea levels rise along hydrological 

gradients are typical examples of this 

scenario. However, the ability of a 

vegetation macrogroup to migrate 

assumes that natural seed dispersal 

pathways are available, and that 

undeveloped land exists along dispersal 

pathways. 

San Benito evening-primrose occurs 

within three macrogroups within San 

Benito and Fresno Counties: California 

foothill and valley forests and 

woodlands, chaparral, and California 

annual and perennial grassland. 

California foothill and valley forests and 

woodlands and chaparral are both 

ranked at moderate risk of vulnerability, 

and California annual and perennial 

grassland is ranked as moderate to high 

risk of vulnerability (Thorne et al. 2016, 

p. 3; table 6). Estimates of the percent 

of existing habitat that will become 

unsuitable, have no change, or become 

newly suitable based on low and high 

emissions scenarios are shown in table 

6 based on data within Thorne et al. 

(2016, pp. 33–41, 114–122, 132–140). 

TABLE 6—RESULTS OF SENSITIVITY AND ADAPTIVE CAPACITY MODELING AND THE RESULTING CHANGE IN SUITABILITY OF

EXISTING HABITAT FOR THREE VEGETATION MACROGROUPS WITHIN WHICH SAN BENITO EVENING-PRIMROSE OCCURS

Vegetation macrogroup 

Mean 

vulnerability 

rank 

Unsuitable No change Newly suitable 

Low (%) High (%) Low (%) High (%) Low (%) High (%) 

California foothill and valley forests 

and woodlands.

Moderate .......... 24 59 41 76 11 34 

Chaparral .......................................... Moderate .......... 8 54 46 92 17 47 

California annual and perennial 

grassland.

Mid-High ........... 16 48 52 84 10 52 

Data from Thorne et al. 2016 pp. 3, 33–41, 114–122, 132–140. 

Under both high and low emissions 

scenarios, currently suitable habitat for 

San Benito evening-primrose is lost due 

to changes in climate. Conversely, the 

species that compose the vegetation 

communities that are associated with 

San Benito evening-primrose are 

expected to have the capability to 

migrate into newly suitable habitat. The 


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primary concern, in regard to San 

Benito evening-primrose habitat, is the 

threat of an increase in woody 

vegetation as a response to climate 

change. However, San Benito eveningprimrose is found in serpentine and 

serpentine-derived soils that are not 

likely to be affected by climate change 

in the foreseeable future. The edaphic 

(soil) conditions may restrain woody 

vegetation migration into areas currently 

occupied. While the soil type may 

mitigate habitat loss due to habitat 

conversion, it may also restrain the 

species from dispersing to areas where 

climatic conditions are more favorable 

for survival. The currently predicted 

changes in precipitation and climate do 

not indicate that the species may 

become endangered due to those 

changes in the foreseeable future. 

Existing Regulatory Mechanisms 

State Protections 

San Benito evening-primrose is 

classified by the California Native Plant 

Society (CNPS) as 1B.1, indicating that 

the taxon is rare throughout its range 

and is generally endemic to California 

as well as having been reduced 

throughout its historical range. Species 

ranked by CNPS as 1B.1 meet the 

definition of threatened in the California 

Endangered Species Act as described in 

the California Fish and Game Code 

(CNPS 2018 Rare Plant Inventory 

website) and must therefore be 

considered during environmental 

analysis for California Environmental 

Quality Act (CEQA) documentation 

(CEQA 2018 Guidelines Section 15380). 

Environmental analysis for CEQA 

documentation may analyze impacts to 

the species and recommend protection 

and conservation measures. 

Federal Protections 

The BLM has regulations and policies 

that guide the management of natural 

resources on the public lands they 

manage. In particular, the Federal Land 

Policy and Management Act of 1976 

provides for ‘‘the management, 

protection, development, and 

enhancement’’ of public lands managed 

by the BLM. This law directs the BLM 

to ‘‘take any action necessary to prevent 

unnecessary or undue degradation of 

the lands’’ during mining operations (43 

U.S.C. 1732(b)). Certain mining 

operations, and certain other defined 

operations, require a plan of operations 

approved by the BLM (see 43 CFR part 

3800, subpart 3809). 

BLM may enact special rules to 

protect soil, vegetation, wildlife, 

threatened or endangered species, 

wilderness suitability, and other 

resources by immediately closing 

affected areas to off-road vehicles that 

are causing resource damage until the 

adverse effects are eliminated and 

measures are implemented to prevent 

recurrence (43 FR 8340–8364; March 1, 

1978). 

Two Executive Orders (E.O.) apply 

specifically to off-road vehicles on 

public lands: E.O. 11644 directs 

agencies to designate zones of off-road 

use that are based on protecting natural 

resources, the safety of all users, and 

minimizing conflicts among various 

land uses. The BLM and other agencies 

are to locate such areas and trails to 

minimize damage to soil, watershed, 

vegetation, or other resources, and to 

minimize disruption to wildlife and 

their habitats. Areas may be located in 

designated park and refuge areas or 

natural areas only if the head of the 

agency determines that off-road use will 

not adversely affect the natural, 

aesthetic, or scenic values of the 

locations. The respective agencies are to 

ensure adequate opportunity for public 

participation in the designation of areas 

and trails. 

E.O. 11989 amends the previous order 

by adding the following stipulations: (a) 

Whenever the agency determines that 

the use of off-road vehicles will cause or 

is causing considerable adverse effects 

on the soil, vegetation, wildlife, wildlife 

habitat, or cultural or historic resources 

of particular areas or trails on public 

lands, it is to immediately close the 

areas or trails to the type of off-road 

vehicle causing the effects until it 

determines that the adverse effects have 

ceased and that measures are in place to 

prevent future recurrence; and (b) each 

agency is to close portions of public 

lands within its jurisdiction to off-road 

vehicles except areas or trails 

designated as suitable and open to offroad vehicle use. 

In 2001, the BLM published the 

National Management Strategy for 

Motorized Off-Highway Vehicle Use on 

Public Lands. This guiding document 

ensures consistent and positive 

management of environmentally 

responsible motorized OHV use on 

public lands. Detailed regulations are 

established in BLM’s 2014 Resource 

Management Plan for the CCMA that 

provide for protections of San Benito 

evening-primrose. BLM’s 2014 Resource 

Management Plan for the CCMA is in 

place until superseded. The restriction 

of OHV use within the CCMA and the 

Serpentine ACEC is based on concerns 

of health risks and will be unaffected by 

the delisting of San Benito eveningprimrose. Currently, only highwaylicensed vehicles are allowed within the 

Serpentine ACEC on designated roads 

and by permit, which is limited to 5 

use-days per year per person, and 

within the CCMA trail riding is 

restricted to designated areas near 

Condon Peak (BLM 2014, p. 1–18). 

While San Benito evening-primrose 

was listed under the Act, the BLM 

consulted with the Service on any 

activities it funds, authorizes, or carries 

out that may affect the species. The Act 

does not provide protection for listed 

plants on non-Federal lands, unless a 

person damages or destroys federally 

listed plants while in violation of a State 

law or a criminal trespass law. Where 

the species occurs on private lands, 

protections afforded by section 7(a)(2) of 

the Act are triggered only if there is a 

Federal nexus (i.e., an action funded, 

permitted, or carried out by a Federal 

agency). If the species is delisted, the 

protections afforded by the Act would 

no longer apply. Even in the absence of 

the protections of the Act, adequate 

regulatory mechanisms are in place, 

such as the Federal Land Policy and 

Management Act of 1976, E.O. 11644, 

and E.O. 11989, to ensure the continued 

persistence of San Benito eveningprimroses occurrences and suitable 

potential habitat, in light of the 

increased number of populations and 

decreased threats that the species 

experiences now relative to at the time 

of listing. 

Summary of Threats Analysis 

A very limited range, small number of 

occurrences, and direct and indirect 

threats from OHV use and mining and 

associated facilities and road 

maintenance were the primary threats to 

San Benito evening-primrose at the time 

of listing in 1985 (50 FR 5755–5759, 

February 12, 1985). OHV use continued 

to be a significant threat to San Benito 

evening-primrose until the temporary 

closure of the Serpentine ACEC in 2008. 

The 2014 Resource Management Plan 

permanently reduced the amount of 

exposure San Benito evening-primrose 

has to OHV recreation and has resulted 

in indirectly removing the most 

significant threat to the species, which 

was direct loss of individuals by OHV 

recreation and indirect loss of habitat 

and seed bank through erosion on 

slopes and soil compaction on alluvial 

terraces. The threat from mining was 

reduced by 2002 with the closure of the 

last commercial mine, and future threats 

from mining are unlikely based on BLM 

management actions listed in the 2014 

Resource Management Plan for the 

CCMA. Habitat alteration from invasive 

species and succession to woody 

vegetation communities are not likely to 

threaten San Benito evening-primrose 

because invasive species and woody 


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vegetation communities are intolerant to 

serpentine soils. The significant 

increase in the number of known 

occurrences and the associated increase 

in range and the new habitat association 

greatly reduce the threat of stochastic 

events resulting in significant loss to the 

species. The predicted changes in 

temperature and rainfall by 2050 as a 

result of climate change do not indicate 

species-level threats to survival. 

When individual threats that 

influence reproductive output, 

germination, and survival occur 

together, one threat may add to, or 

exacerbate, the effects of another, 

resulting in a disproportionate increase 

in threat to the species. When this 

occurs, we call the interactive effects 

synergistic or cumulative. The lack of 

current threats to San Benito eveningprimrose reduce the possibility of 

synergistic or cumulative effects 

occurring, and, given the current range 

of the species, number of known 

occurrences, and likelihood of new 

occurrences to become known, 

synergistic and cumulative effects do 

not pose a significant population-level 

impact to San Benito evening-primrose 

at this time nor do we anticipate that 

they will in the future. 

Summary of Comments and 

Recommendations 

In the proposed rule published in the 

Federal Register on June 1, 2020 (85 FR 

33060), we requested that all interested 

parties submit written comments on our 

proposal to delist the San Benito 

evening primrose by July 31, 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. We did not receive any 

requests for a public hearing. All 

substantive information provided 

during the comment period has either 

been incorporated directly into this final 

rule or is addressed below. 

During the comment period, we 

received comments from 10 individuals 

addressing the proposed rule, 

representing 9 public commenters and 1 

partner review. Public comments are 

posted at https://www.regulations.gov 

under Docket No. FWS–R8–ES–2019– 

0065. Five public commenters 

supported the proposed rule with no 

additional analysis or revision 

requested. These comments are not 

further addressed. One public 

commenter supported the proposed rule 

but maintained a concern for vehicular 

threats. Two public comments were 

against the proposed rule but did not 

provide substantive information that 

could be evaluated or incorporated and 

are not addressed further. One public 

commenter was against the proposed 

rule and provided substantive 

information that is addressed below. 

The BLM provided partner review of the 

proposed rule and post-delisting 

monitoring plan in support of the 

proposed rule and provided additional 

information. BLM comments and new 

information have been incorporated into 

the text of the final rule. Public 

comments are addressed below. 

Public Comments 

(1) Comment: One commenter 

acknowledged recovery of San Benito 

evening primrose and concurred with 

the conclusions of the proposed rule but 

maintained a concern for changes to 

current OHV regulations. 

Our Response: Changes to the 

regulation of OHV use of the Clear Creek 

Management Area and the Serpentine 

ACEC are governed by the BLM’s 2014 

Record of Decision. Changes in OHV use 

of these areas would initiate 

environmental review, and potential 

impacts and threats to San Benito 

evening primrose would be evaluated 

during that process. This concern is 

addressed under the discussion of 

Existing Regulatory Mechanisms. 

(2) Comment: One commenter 

disagreed with the conclusions of the 

proposed rule based on evidence of 

continued OHV trespass of occupied 

areas, the potential for the reopening of 

the CCMA and the Serpentine ACEC, 

occurrences on private land without 

protections, and the adequacy of the 

post-delisting monitoring plan. 

Our Response: Continued trespass has 

been documented by the BLM and was 

addressed in the proposed rule. The 

level of trespass shown and described in 

the comment, as well as updated 

trespass information provided by the 

BLM, have been incorporated into the 

final rule. Based on the available 

population data and analysis, and 

supporting documentation provided by 

the BLM, we conclude that the current 

level of trespass does not place the 

species in danger of extinction or 

becoming endangered in the foreseeable 

future. The number of additional 

occurrences of the species in areas 

unaffected by OHV use reduces the 

likelihood that OHV trespass is likely to 

lead to the extinction of the species. 

However, the Service acknowledges the 

potential for OHV use to result in 

negative effects to the species, and this 

issue is addressed in the post-delisting 

monitoring plan, developed in 

coordination with the BLM. The postdelisting monitoring plan will evaluate 

disturbance (from OHV use and other 

sources) in the context of the biology of 

the species. The post-delisting 

monitoring plan requires a reevaluation 

of the status of the species if negative 

trend thresholds are reached for 

aboveground abundance and seed bank 

size (see post-delisting monitoring 

plan). 

Changes to the vehicular use of the 

CCMA and the Serpentine ACEC are 

governed by the BLM’s 2014 Record of 

Decision. Changes in vehicular use of 

these areas would initiate 

environmental review, and potential 

impacts and threats to San Benito 

evening primrose would be evaluated 

during that process. This concern is 

addressed under the discussion of 

Existing Regulatory Mechanisms. 

Many occurrences of San Benito 

evening primrose do occur on private 

land. However, the number of 

occurrences on public land where the 

conservation of the species is a 

management goal is large enough to 

warrant delisting because the species is 

not in danger of extinction now or in the 

foreseeable future. 

Determination of San Benito EveningPrimrose Status 

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

and its implementing regulations (50 

CFR part 424) set forth the procedures 

for determining whether a species meets 

the definition of ‘‘endangered species’’ 

or ‘‘threatened species.’’ The Act defines 

an ‘‘endangered species’’ as a species 

that is ‘‘in danger of extinction 

throughout all or a significant portion of 

its range,’’ and a ‘‘threatened species’’ as 

a species that is ‘‘likely to become an 

endangered species within the 

foreseeable future throughout all or a 

significant portion of its range.’’ For a 

more detailed discussion on the factors 

considered when determining whether a 

species meets the definition of 

‘‘endangered species’’ or ‘‘threatened 

species’’ and our analysis on how we 

determine the foreseeable future in 

making these decisions, see Regulatory 

and Analytical Framework, above. 

Status Throughout All of Its Range 

After evaluating threats to the species 

and assessing the cumulative effect of 

the threats under the section 4(a)(1) 

factors, we have assessed the best 

scientific and commercial information 

available regarding the past, present, 

and future threats faced by San Benito 

evening-primrose in this final rule. At 

the time of listing in 1985 (50 FR 5755– 

5759, February 12, 1985), San Benito 

evening-primrose was known from only 

nine occurrences within a very narrow 

range that were all subject to potential 

loss from the threats listed in Factors A 

through E. 


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Off-highway vehicle recreation 

(Factor A), the greatest persistent threat 

to the species, has been reduced to 

levels that no longer pose a significant 

threat of extinction to San Benito 

evening-primrose or loss of its habitat, 

due to the closure of the Serpentine 

ACEC and the restriction of OHV use 

within the CCMA but outside of the 

Serpentine ACEC. Most significantly, 

surveys by the BLM have shown that the 

species is much more wide-ranging and 

common than originally known and 

occurs across a broader range of habitat 

types. The number of known 

occurrences has increased from 9 to 79 

and includes 666 mapped point 

locations. The range of the species is 

now known from three watersheds, and 

occupied habitat covers 63.2 acres (25.6 

ha). 

Our understanding of the ecology of 

the species has demonstrated that the 

species weathers periods of disturbance 

due to the persistence of a robust and 

long-lived seedbank that facilitates 

reestablishment and dispersal and 

buffers against stochastic events. 

Annual surveys of San Benito eveningprimrose have demonstrated a large 

amount of interannual variation in 

numbers of individuals observed. The 

27 occurrences monitored since 1998 

have remained stable around a 5-year 

moving average. Further, the significant 

increase in the number of occurrences 

was not contemplated at the time the 

Recovery Plan was written, which 

focused recovery on increases to the 27 

occurrences. The best available 

information indicates that Factors A, B, 

C, and E are not affecting the species 

and are unlikely to do so in the 

foreseeable future. The existing 

regulatory mechanisms in place are 

adequate to ensure the continued 

viability of San Benito evening-primrose 

occurrences and suitable potential 

habitat even if the species is delisted 

and protections under the Act are 

removed, because a majority of 

occurrences are managed on Federal 

land and are protected by a 2014 BLM 

Resource Management Plan and a BLM 

ACEC designation. 

Based on the information presented in 

this status review, the recovery criteria 

in the Recovery Plan have been 

achieved, and the recovery goal 

identified in the Recovery Plan has been 

met for San Benito evening-primrose. 

Thus, after assessing the best available 

information, we conclude that San 

Benito evening-primrose is not in 

danger of extinction now or likely to 

become so 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 within the 

foreseeable future throughout all or a 

significant portion of its range. 

Having determined that San Benito 

evening-primrose is not in danger of 

extinction or likely to become so within 

the foreseeable future throughout all of 

its range, we now consider whether it 

may be in danger of extinction or likely 

to become so within the foreseeable 

future in a significant portion of its 

range—that is, whether there is any 

portion of the species’ range for which 

it is true that both (1) the portion is 

significant; and (2) the species is in 

danger of extinction now or likely to 

become so in the foreseeable future 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. 

In undertaking this analysis for San 

Benito evening-primrose, 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 

faces to identify any portions of the 

range where the species is endangered 

or threatened. San Benito eveningprimrose occurs over 300 square miles, 

but occupies a relatively small amount 

of acreage (63.2 ac (25.6 ha) of occupied 

habitat). Genetic analysis indicated no 

differentiation in occurrences based on 

watershed or habitat and that there was 

no hybridization with a close relative. 

Every threat to the species in any 

portion of its range is a threat to the 

species throughout all of its range, and 

so the species has the same status under 

the Act throughout its narrow range. 

Therefore, we conclude that the species 

is not in danger of extinction now or 

likely to become so in the foreseeable 

future in any significant portion of its 

range. This 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 San Benito evening-primrose does 

not meet the definition of an 

endangered species or a threatened 

species in accordance with sections 3(6) 

and 3(20) of the Act. Therefore, with 

this rule, we delist the San Benito 

evening-primrose from the List of 

Endangered and Threatened Plants. 

Effects of This Rule 

This final rule revises 50 CFR 17.12(h) 

by removing San Benito eveningprimrose from the Federal List of 

Endangered and Threatened Plants. On 

the effective date of this rule (see DATES, 

above), the prohibitions and 

conservation measures provided by the 

Act, particularly through sections 7 and 

9, will no longer apply to San Benito 

evening-primrose. Federal agencies will 

no longer be required to consult with 

the Service under section 7 of the Act 

in the event that activities they 

authorize, fund, or carry out may affect 

San Benito evening-primrose. There is 

no critical habitat designated for this 

species, so there will be no effect to 50 

CFR 17.96. 

Post-Delisting Monitoring 

Section 4(g)(1) of the Act requires us 

to implement a monitoring program for 

not less than 5 years for all species that 

have been delisted due to recovery. 

Post-delisting monitoring (PDM) refers 

to activities undertaken to verify that a 

species delisted due to recovery remains 

secure from the risk of extinction after 

the protections of the Act no longer 

apply. The primary goal of PDM is to 

monitor the species to ensure that its 

status does not deteriorate, and if a 

decline is detected, to take measures to 

halt the decline so that proposing it as 

endangered or threatened is not again 

needed. If, at any time during the 

monitoring period, data indicate that 

protective status under the Act should 

be reinstated, we can initiate listing 

procedures, including, if appropriate, 

emergency listing under section 4(b)(7) 

of the Act. Section 4(g) of the Act 

explicitly requires us to cooperate with 

the States in development and 

implementation of post-delisting 

monitoring programs, but we remain 

responsible for compliance with section 

4(g) and, therefore, must remain actively 

engaged in all phases of post-delisting 

monitoring. We also seek active 

participation of other entities that are 

expected to assume responsibilities for 

the species’ conservation post-delisting. 


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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. 


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