Federal Register / Vol. 60, No. 126 / Friday, June 30, 1995 / Proposed Rules 34225

DEPARTMENT OF THE INTERIOR northwest portion of the North Slope. ACTION: Notice of candidate species Recent surveys suggest the species no reclassification. Fish and Wildlife Service longer nests in certain areas in which it originally occurred on the North Slope. SUMMARY: In this document, the U.S. 50 CFR Part 17 Factors causing the decline of the Fish and Wildlife Service (Service) RIN: 1018±AC19 species and the contraction of its provides explanation for changes in the breeding range in Alaska are not known. candidate status of 32 species of plants Endangered and Threatened Wildlife Due to the reduction in numbers and and animals that are under review for and Plants; Reopening of Comment contraction of the species’ breeding possible addition to the List of Period on Proposed Threatened Status range in Alaska, the Service believes Endangered and Threatened Wildlife for the Alaska Breeding Population of that the remaining population of and Plants (List) under the Endangered the Steller's Eider Steller’s eiders is increasingly Species Act (Act) of 1973, as amended. vulnerable to extirpation. The changes for which explanation is AGENCY: Fish and Wildlife Service, provided in this document were Interior. On July 14, 1994, the Service published a proposed rule (59 FR 35896; previously published for 20 plants in ACTION: Extension of proposed rule; July 1, 1994) to list the Alaska breeding the 1993 Plant Notice of Review and for reopening of comment period. population of Steller’s eiders as 12 animals in the 1994 Animal Notice of Review. SUMMARY: The U.S. Fish and Wildlife threatened under the Endangered FOR FURTHER INFORMATION CONTACT: E. Service (Service) provides notice that Species Act (Act) of 1973, as amended LaVerne Smith, Chief, Division of the comment period on the proposal to (16 U.S.C. 1531 et seq.). Comments Endangered Species, U.S. Fish and classify the Alaska breeding population received during the initial public Wildlife Service, Washington, D.C. of the Steller’s eider (Polysticta stelleri) comment period indicate scientific 20240 (703/358–2171). as threatened is extended until January controversy exists over the Service’s 14, 1996, due to significant scientific technical interpretation of available SUPPLEMENTARY INFORMATION: data. In order to insure that decisions on controversy over the species’ status. In Background addition, the public comment period is endangered and threatened species are hereby reopened. based upon the best scientific and In December 1992, the Service commercial data available, the Service DATES: The comment period, which reached a settlement agreement now requires that listing proposals be originally closed on November 14, 1994, (agreement) with the plaintiffs in the reviewed by three appropriate is reopened effective immediately and Fund For Animals et al. v. Lujan et al. independent specialists (59 FR 34270). closes on January 14, 1996. case (Civ. No. 92–800) that provides for To comply with this recent policy and the Service to review the listing status ADDRESSES: Written comments and to adequately address the scientific of species regarded as Category 1 materials should be sent to Fairbanks controversy, the Service is reopening candidates as of September 1, 1992. The Ecological Services field Office, the comment period on the proposal to Service has historically classified Endangered Species, U.S. Fish and list the Alaska breeding population of species regarded as candidates for Wildlife Service, 1412 Airport Way, Steller’s eiders and now solicits the listing under the Endangered Species Fairbanks, Alaska, 99701, telephone expert opinions of three independent Act (Act) of 1973, as amended (16 (907) 456–0427 or facsimile (907) 456– specialists. All interested parties are U.S.C. 1531 et seq.) into two primary 0346. Comments and materials received invited to comment on this proposal categories. Category 1 candidates are will be available for public inspection, during the comment period. Written those species for which the Service has by appointment, during normal business comments may now be submitted until on file sufficient information on hours at the above address. January 14, 1996, to the Service office in biological vulnerability and threat(s) to FOR FURTHER INFORMATION CONTACT: the ADDRESSES section. support proposals to list them as Ted Swen at the above address Authors endangered or threatened species. (telephone 907/456–0427). Category 2 candidates are taxa for which SUPPLEMENTARY INFORMATION: The primary author of this notice is information now in the possession of Ted Swem (see ADDRESSES section). the Service indicates that proposing to Background Authority list as endangered or threatened is The smallest of four eider species, the possibly appropriate, but for which Steller’s eider breeds in coastal areas of The authority for this action is the substantial data on biological arctic Alaska and Russia. Worldwide, Endangered Species Act of 1973 (16 vulnerability and threat are not Steller’s eiders still number over one U.S.C. 1531 et seq.). currently available to support a hundred thousand, with the vast Dated: June 20, 1995. proposed listing. Species classified as majority of individuals nesting in Asia John G. Rogers, Category 2* are those whose continued and wintering in Alaskan waters. A existence is in doubt. Species classified Director, Fish and Wildlife Service. small portion of the world’s Steller’s as Category 3 were once considered for eiders nest in Alaska and this nesting [FR Doc. 95–16075 Filed 6–29–95; 8:45 am] listing as threatened or endangered but population is being proposed for listing BILLING CODE 4310±55±M are no longer under such consideration. as a distinct vertebrate population under For any candidate species covered by the endangered Species Act. In recent 50 CFR Part 17 the agreement and removed from years the breeding range of the species Category 1 because listing is not in Alaska has contracted. The species, Endangered and Threatened Species; warranted, the Service must publish a which nests locally at several coastal Notice of Reclassification of 32 notice in the Federal Register that locations in the central Yukon- Candidate Species provides explanation for the removal Kuskokwim Delta, has now virtually from Category 1. disappeared from this region. In Alaska, AGENCY: Fish and Wildlife Service, This notice provides explanations for the species currently nests only in the Interior. previously announced decisions to 34226 Federal Register / Vol. 60, No. 126 / Friday, June 30, 1995 / Proposed Rules remove candidate species from Category in the early 1900’s; and Phyllostegia reproductive success, and trends in 1. The changes announced in this notice imminuta, last observed in 1980. abundance unknown, maintaining this reflect changes first published in the Abutilon virginianum (Indian mallow) species in Category 1 is not justified. 1993 Plant Notice of Review (58 FR was originally collected in Culebra, Conostegia hotteana is a small to 51444) or the 1994 Animal Notice of Puerto Rico, but according to a recent medium sized tree known only from the Review (59 FR 58982). This notice also status survey, has not been seen there island of Hispaniola and the eastern provides explanation for returning three since 1913. The species was removed mountains of Puerto Rico. There is no candidate species covered by the from Category 1 status because its current information on distribution or settlement agreement to Category 1 continued existence in the wild is in abundance of this plant and review of status. doubt. the file information indicates that Nelson’s antelope ground squirrel classification as Category 1 was Findings (Ammospermophilus nelsoni) was premature. Additional information on Two species of animals that were historically found in the southern San biological distribution and abundance, removed from the Category 1 candidate Joaquin Valley of California. Presently habitat needs, and threats to the species list in the 1994 Animal Notice of the populations are more restricted and is needed before a proposal to list would Review are now returned to Category 1 are located in the San Joaquin area. The be justified. status. The northern Idaho ground species was removed from Category 1 Descurainia torulosa (Wyoming squirrel (Spermophilus brunneus) was status because its range is more tansymustard) is known only from the incorrectly placed in Category 2 status widespread on slopes and hillsides than high volcanic mountains in northwest in the 1994 Animal Notice of Review. originally thought. Also, the Wyoming and Pine Butte in southwest Wild specimens of the greenest tiger destruction, modification, or Wyoming. The species was removed beetle (Cicindella tranquebarica curtailment of the species’ habitat or from Category 1 status primarily viridissima) were recently discovered range will be controlled by because of taxonomic questions and the near the Santa Ana River, California. implementation of the San Joaquin apparently large amount of suitable Based on this rediscovery and present Endangered Species Recovery Program, habitat that has not been searched for knowledge of threats, the species is now which will include setting aside foothill the species. Descurainia torulosa may in returned to Category 1 status. habitat for species such as the San fact be a minor variant of the common One plant species that was removed Joaquin kit fox (Vulpes macrotis mutica) D. incana. Successful searches for from the Category 1 candidate list in the and giant kangaroo rat (Dipodomys additional populations were conducted 1993 Plant Notice of Review is being ingens). This will provide de facto in the 1980’s by various investigators, returned to Category 1 status. Although protection for Nelson’s antelope ground suggesting that additional searches in previously thought to be extinct, squirrel. suitable habitat will yield more Eragrostis fosbergii (Fosberg’s love Aster avitus (Alexander’s rock aster) populations. grass) has been rediscovered and is now was classified as a Category 1 species The short-nosed kangaroo rat classified as a Category 1 candidate. based on a 1980 status survey that found (Dipodomys nitratroides brevinasus) is The remaining 29 reclassifications only five populations. Since then, 43 native to the lower foothills of the San involve removal from Category 1 status. additional populations have been found. Joaquin Valley, California. The species Eleven species of plants were The discovery of additional was deleted from Category 1 because reclassified because they were included populations, coupled with limited threats to its existence, primarily in the 1990 Plant Notice of Review (55 information on threats to the species, destruction of habitat, will be alleviated FR 6184) as Category 1*, meaning their support removal from Category 1. by implementation of the San Joaquin continued existence is in doubt. This Chrysothamnus molestus (Tusayan Endangered Species Recovery Program. classification was administratively rabbitbrush) occurs in pinyon-juniper This program will include setting aside changed to Category 2* in the 1993 woodland and associated grasslands and foothill habitat for species such as the Plant Notice of Review because the shrublands in the southwest. The San Joaquin kit fox and giant kangaroo absence of reliable reports of extant wild species was removed from Category 1 rat and will provide de facto protection populations would preclude issuing a primarily because the species was found for the short-nosed kangaroo rat. proposed listing for these taxa. These in many new localities in surveys Furthermore, review of the files species retain a high priority for conducted in 1990 and 1991. Also, the regarding this species revealed no addition to the List, if reliable reports of Arizona Plant Recovery Team information on species abundance and the species’ existence are received. The concluded in a 1991 session that distribution that would justify inclusion plants so reclassified are: Abronia Category 1 designation was premature. in Category 1. umbellata ssp. acutalata (rose purple The Team is composed of The Summer Basin tui chub (Gila sand-verbena), last observed in 1940; representatives from the Service, U.S. bicolor ssp.) is a subspecies of tui chub Botrychium subbifoliatum (makou), last Forest Service, Arizona State University, that had been restricted to the Summer observed in 1940; Cenchrus Arizona Game and Fish Department, Basin for the past 10,000 years. Most of agrimonioides var. laysanensis (Laysan Arizona Nature Conservancy, National the subspecies was eradicated by a agrimony sandbur), last observed in Park Service, Southwest field biologists, toxaphene project conducted in the late 1973; Chamaesyce celastroides var. and the Desert Botanical Garden. The 1950’s, and only one population of pure tomentella (‘akoko), last observed in the species is now known to be extant at 21 Summer Basin tui chub was then known 1920’s; Cyanea longissima (haha), last locations within Coconino County, to survive. The subspecies was removed observed in 1927; Eragrostis hosakai, Arizona, and numerous questions exist from Category 1 because additional last observed in 1937; Lepidium about its life history. Specifically, the populations were discovered and bidentatum var. remyi (Remy’s role of disturbance in establishment of presumed threats from hybridization are ‘anaunau), last observed in 1855; seedlings and the significance of asexual less than originally believed. The Lipochaeta degeneri (small-leaved reproduction in prohibiting expansion subspecies is believed to be fairly nehe), last observed in 1928; Mariscus of the species’ number and range are not secure. rockii, last observed in the early 1900’s; understood. With so many questions Based on recommendations provided Melicope degeneri (alani), last observed remaining, particularly about by the Arizona Plant Recovery Team in Federal Register / Vol. 60, No. 126 / Friday, June 30, 1995 / Proposed Rules 34227

1991, the Service removed of threats to habitat supports removal of DEPARTMENT OF COMMERCE Macroptilium supinum (= Phaseolus these subspecies from Category 1. National Oceanic and Atmospheric supinus) (supine bean) from Category 1. Review of file information on Administration The present biological status of the Tillandsia baileyi (Bailey’s ballmoss) species is unclear since new indicates that the placement of this populations were discovered in Mexico 50 CFR Part 630 species in Category 1 in 1990 was in in 1990. Additional information on abundance and distribution are needed error. Data to support inclusion in [I.D. 061695B] to justify a proposal for listing. Category 1 are not on file. Although Malpighia infestissima (stingingbush) population estimates are not available, Atlantic Swordfish Fisheries; Hearing is endemic to Buck Island and St. Croix, the species is estimated to occur in over Date Change U.S. Virgin Islands. It was removed from 50,000 acres in south Texas, where its Category 1 because its distribution and continued existence is believed secure. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and abundance are poorly known. On St. The Service removed Doyen’s Atmospheric Administration (NOAA), Croix, it is reported to be widespread Trigonoscuta dune weevil (Trigonoscuta Commerce. and scattered. Other than general threats sp.) from Category 1 primarily due to from residential, tourism, and industrial concerns about the taxonomy of this ACTION: Date change for public hearing. development, no direct threats to this species. The taxonomy of the genus is species are known. The general lack of unresolved and Doyen’s dune weevil SUMMARY: NMFS previously announced information on biological distribution public hearings (60 FR 32484, June 22, and abundance, coupled with limited has not been formally described. The specific taxonomy is based solely on a 1995) to receive comments from fishery knowledge of threats, justifies removal participants and other members of the from Category 1. single-page letter written by E.L. Sleeper. The last revisions to this genus public regarding proposed changes to Peperomia megalopoda is a small the regulations and the Atlantic described many species and subspecies herb endemic to Puerto Rico. The swordfish fishery. NMFS announces a based on conclusions that the Service species was originally collected in 1929 change of meeting date for a previously and has not been observed since. Efforts questions. announced swordfish public hearing. to relocate the species at the type The New Mexican jumping mouse DATES: The public hearing originally locality in 1991 were unsuccessful. It (Zapus hudsonius luteus) occurs locally announced for June 30, 1995, in Manteo, was removed from Category 1 because in the San Juan, Jemez, and Sacramento N.C., has been changed to July 5, 1995. its continued existence is in doubt. mountains and in the central-northern Psychilis kranzlinii (= Encyclia and central Rio Grande Valley. This ADDRESSES: Written comments should kranzlinii) is an orchid endemic to be sent to Richard B. Stone, Chief, Puerto Rico. It is rare but found in a species is already listed as a group 2 endangered species by the State of New Highly Migratory Species Management variety of habitats. The extent of its Division, Office of distribution and abundance is poorly Mexico, which means that permits are required for collecting the species. FisheriesConservation and Management known and currently available (F/CM), National Marine Fisheries information on its status does not Populations were originally impacted by destruction of wetlands. However, the Service, 1315 East-West Highway, Silver support a listing proposal. Spring, MD 20910. Clearly mark the The Tarahumara leopard frog (Rana species has been recently found to outside of the envelope ‘‘Atlantic tarahumarae) is known from 53 occupy man-made habitats adjacent to Swordfish Comments.’’ The public localities in southern Arizona as well as irrigation drains and canals, thus hearing will be held at the following Sonora, Chihuahua, and Sinoloa, alleviating the threat of habitat location: Mexico. Although extirpated from the destruction. Dr. Joan Morrison, five historic localities in Arizona, University of Florida, has raised Manteo, NC populations elsewhere appear to be concerns that the classification to Wednesday, July 5, 1995, 6–9 p.m. thriving and healthy based on surveys Category 1 was premature. Subsequent conducted in the mid-1980’s. Several review of the record supports her North Carolina State Aquarium members of the Tarahumara Frog position and the species is now Airport Road Oversight Group concurred with the removed from Category 1. removal of this species from Category 1. Manteo, NC 27954 The Suisan ornate shrew (Sorex Author FOR FURTHER INFORMATION CONTACT: ornatus sinuosus) and the salt marsh Ronald G. Rinaldo, 301–713–2347 or wandering shrew (Sorex vagrans The primary author of this notice is fax, 301–713–0596. halicoetes) were historically found Dr. Richard E. Sayers, Jr., Division of SUPPLEMENTARY INFORMATION: This along streams, in grasslands and marshy Endangered Species, U.S. Fish and hearing is physically accessible to areas of San Francisco Bay, California. Wildlife Service, 1849 C Street, N.W., people with disabilities. Requests for Currently these species are more Mailstop ARLSQ–452, Washington, D.C. sign language interpretation or other restricted to marshy areas of the Bay. 20240 (phone 703/358–2105; fascimile auxiliary aids should be directed to Habitat for these shrews is strongly 703/358–1735). Richard B. Stone (see ADDRESSES) by overlapped with that of two other listed Authority: The authority for this notice is June 30, 1995. species, the salt marsh harvest mouse the Endangered Species Act of 1973, as (Reithrodontomys raviventris) and the amended, 16 U.S.C. 1531 et seq. Dated: June 26, 1995. Richard W. Surdi, California clapper rail (Railus Dated: June 27, 1995. longirostris obsoletus). Threats to the Acting Director, Office of Fisheries shrews will be alleviated by John G. Rogers Conservation and Management, National implementation of recovery plans for Acting Director, Fish and Wildlife Service. Marine Fisheries Service. the salt marsh harvest mouse and the [FR Doc. 95–16264 Filed 6–28–95; 1:20 pm] [FR Doc. 95–16132 Filed 6–27–95; 4:19 pm] California clapper rail. The alleviation BILLING CODE 4310±55±P BILLING CODE 3510±22±F