Vol. 76 Tuesday, No. 187 September 27, 2011

Part IV

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Partial 90-Day Finding on a Petition To List 404 Species in the Southeastern United States as Endangered or Threatened With Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR we receive after the above requested (2) The factors that are the basis for date. making a listing determination for a Fish and Wildlife Service ADDRESSES: You may submit species under section 4(a) of the Act (16 information by one of the following U.S.C. 1531 et seq.), which are: 50 CFR Part 17 methods: (a) The present or threatened [Docket No. FWS–R4–ES–2011–0049; MO (1) Electronically: Go to the Federal destruction, modification, or 92210–0–0009] eRulemaking Portal: http:// curtailment of its habitat or range; www.regulations.gov. In the Enter (b) Overutilization for commercial, Endangered and Threatened Wildlife Keyword or ID box, enter Docket No. recreational, scientific, or educational and Plants; Partial 90-Day Finding on FWS–R4–ES–2011–0049, which is the purposes; a Petition To List 404 Species in the docket number for this action. Then (c) Disease or predation; Southeastern United States as click on the Search button. (d) The inadequacy of existing Endangered or Threatened With (2) By hard copy: Submit by U.S. mail regulatory mechanisms; or Critical Habitat or hand-delivery to: Public Comments (e) Other natural or manmade factors Processing, Attn: FWS–R4–ES–2011– affecting its continued existence. AGENCY: Fish and Wildlife Service, (3) The potential effects of climate Interior. 0049; Division of Policy and Directives Management; U.S. Fish and Wildlife change on the species and their habitat. ACTION: Notice of petition finding and Service; 4401 N. Fairfax Drive, MS If, after the status review, we initiation of status review. 2042–PDM; Arlington, VA 22203. determine that listing any of these species is warranted, it is our intent to SUMMARY: We, the U.S. Fish and We will not accept e-mail or faxes. We will post all information received on propose critical habitat under section 4 Wildlife Service (Service), announce a of the Act, to the maximum extent partial 90-day finding on a petition to http://www.regulations.gov. This prudent and determinable at the time list 404 species in the southeastern generally means that we will post any we propose to list the species. United States as endangered or personal information you provide us Therefore, we also request data and threatened under the Endangered (see Request for Information section below for more details). information on: Species Act of 1973, as amended (Act). (1) What may constitute ‘‘physical or Based on our review, we find that for FOR FURTHER INFORMATION CONTACT: biological features essential to the 374 of the 404 species, the petition Janet Mizzi, Chief, Division of conservation of the species,’’ within the presents substantial scientific or Endangered Species, Ecological geographical range currently occupied commercial information indicating that Services, Southeast Regional Office, U.S. Fish and Wildlife Service, 1875 by the species; listing may be warranted. Therefore, (2) Where these features are currently with the publication of this notice, we Century Blvd., Atlanta, GA 30345; by telephone at 404–679–7169; or by found; are initiating a status review of the 374 (3) Whether any of these features may facsimile at 404–679–7081. If you use a species to determine if listing is require special management telecommunications device for the deaf warranted. To ensure that the review is considerations or protection; (TDD), please call the Federal comprehensive, we are soliciting (4) Specific areas outside the Information Relay Service (FIRS) at scientific and commercial information geographical area occupied by the 800–877–8339. regarding these 374 species. Based on species that are ‘‘essential for the the status reviews, we will issue 12- SUPPLEMENTARY INFORMATION: conservation of the species;’’ and month findings on the petition, which Request for Information (5) What, if any, critical habitat you will address whether the petitioned think we should propose for designation action is warranted, as provided in When we make a finding that a petition presents substantial if the species is proposed for listing, and section 4(b)(3)(B) of the Act. Of the 30 why such habitat meets the other species in the petition, 1 species— information indicating that a species may be warranted for listing, we are requirements of section 4 of the Act. Alabama shad—has had a 90-day Please include sufficient information required to promptly review the status finding published by the National with your submission (such as scientific of the species (status review). For the Marine Fisheries Service, and 18 species journal articles, other supporting are already on the Service’s list of status reviews to be complete and based on the best available scientific and publications, or data) to allow us to candidate species or are presently the verify any scientific or commercial subject of proposed rules to list. We commercial information, we request information on the 374 species from information you include. have not yet made a finding on the Submissions merely stating support remaining 11 species, but anticipate governmental agencies, Native American tribes, the scientific for or opposition to the action under doing so no later than September 30, consideration without providing 2011. community, industry, or any other interested parties concerning the status supporting information, although noted, DATES: To allow us adequate time to of the species. We seek information on: will not be considered in making a conduct a status review, we request that (1) The species’ biology, range, and determination. Section 4(b)(1)(A) of the we receive information on or before population trends, including: Act directs that determinations as to November 28, 2011. The deadline for (a) Habitat requirements for feeding, whether any species is an endangered or submitting an electronic comment using breeding, and sheltering; threatened species must be made the Federal eRulemaking Portal (see (b) Genetics and taxonomy; ‘‘solely on the basis of the best scientific ADDRESSES section below) is 11:59 p.m. (c) Historical and current range, and commercial data available.’’ Eastern Standard Time on this date. including distribution patterns; You may submit your information After November 28, 2011, you must (d) Historical and current population concerning the status reviews or the 404 submit information directly to the levels, and current and projected trends; species by one of the methods listed in Regional Office (see FOR FURTHER and the ADDRESSES section. If you submit INFORMATION CONTACT section below). (e) Past and ongoing conservation information via http:// Please note that we may not be able to measures for the species, its habitat, or www.regulations.gov, your entire address or incorporate information that both. submission—including any personal

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identifying information—will be posted clearly identified itself as a petition, was On May 27, 2010, the Freshwater on the Web site. If your submission is dated, and included the identification Mollusk Conservation Society submitted made via a hardcopy that includes information required at 50 CFR a letter to the Regional Director, Fish personal identifying information, you 424.14(a). On April 21, 2010, via and Wildlife Service, Southeast Region, may request at the top of your document electronic mail to Noah Greenwald at in support of the CBD petition’s that we withhold this information from CBD, we acknowledged receipt of the inclusion of a large number of public review. However, we cannot petition. On May 10, 2010, the freshwater mollusks. On September 1, guarantee that we will be able to do so. Southeast Region of the Service, to 2010, and again on October 1, 2010, We will post all hardcopy submissions which the petition had been assigned, CBD forwarded to the Regional Director, on http://www.regulations.gov. provided additional formal written Service, Southeast Region, a letter of Information and supporting acknowledgement of receipt of the support for the subject petition from 35 documentation that we received and petition. conservation organizations. used in preparing this finding is The petitioners developed an initial The CBD submitted supplemental available for you to review at http:// list of species by searching NatureServe comments and information on October www.regulations.gov, or by for species that ‘‘occur in the twelve 6, 2010, in support of protecting the appointment, during normal business states typically considered the Panama City crayfish (Procambarus hours, at the U.S. Fish and Wildlife Southeast, occur in aquatic, riparian, or econfinae) under the Act. On December Service, Southeast Ecological Services wetland habitats and appeared to be 13, 2010, we received a second petition, Regional Office (see FOR FURTHER imperiled.’’ Species were considered from Wild South, to list the Carolina INFORMATION CONTACT). imperiled if they were classified as G1 hemlock (Tsuga caroliniana), as or G2 by NatureServe, near threatened endangered and to designate its critical Background or worse by the International Union for habitat. We acknowledged receipt of the Section 4(b)(3)(A) of the Act requires Conservation of Nature (IUCN), or a petition in a letter dated December 20, that we make a finding on whether a species of concern, threatened, or 2010, and identified it as a second petition to list, delist, or reclassify a endangered by the American Fisheries petition for the same species’ as Tsuga species presents substantial scientific or Society. caroliniana was one of the species commercial information indicating that NatureServe conservation status ranks identified in the CBD petition. a petitioned action may be warranted. range from critically imperiled (1) to The CBD petition included 404 We are to base this finding on demonstrably secure (5). Status is species for which the petitioners information found in the petition, assessed and documented at three requested listing as endangered or supporting information submitted with distinct geographic scales: Global (G), threatened under the Act, and the petition, and information otherwise national (N), and subnational (S) (i.e., designation of critical habitat available in our files. To the maximum state/province/municipal). Subspecies concurrent with the listing. It is our extent practicable, we are to make this are similarly assessed with a subspecific practice to evaluate all species finding within 90 days of our receipt of (T) numerical assignment. Assessment petitioned for listing for the potential the petition, and publish our notice of by NatureServe of any species as being need to emergency list the species under this finding promptly in the Federal critically imperiled (G1), imperiled (G2), the emergency provisions of the Act at Register. or vulnerable (G3) does not constitute a section 4(b)(7) and as outlined at 50 CFR Our standard for substantial scientific recommendation by NatureServe for 424.20. We have carefully considered or commercial information within the listing under the Act. NatureServe status the information provided in the petition Code of Federal Regulations (CFR) with assessment procedures have different and in our files and have determined regard to a 90-day petition finding is criteria, evidence requirements, that emergency listing is not indicated ‘‘that amount of information that would purposes, and taxonomic coverage than for any of the 404 species in the lead a reasonable person to believe that government lists of endangered and petition. the measure proposed in the petition threatened species, and therefore these The petition included 18 species that may be warranted’’ (50 CFR 424.14(b)). two types of lists should not be were already on the Service’s list of If we find that substantial scientific or expected to coincide. For example, an candidate species at the time of receipt commercial information was presented, important factor in many legal listing of the petition, including five that have we are required to promptly conduct a processes is the extent to which a since been proposed to be listed as species status review, which we species is already receiving protection endangered. A candidate species is one subsequently summarize in our 12- of some type—a consideration not for which we have on file sufficient month finding. included in the NatureServe information on biological vulnerability conservation status ranks. Similarly, the and threats to support a proposal to list Petition History IUCN and American Fisheries Society as endangered or threatened, but for On April 20, 2010, we received, via do not apply the same criteria to their which preparation and publication of a electronic mail, a petition from the ranking determinations as those proposal is precluded by higher priority Center for Biological Diversity (CBD), encompassed in the Act and its listing actions. We may identify a Alabama Rivers Alliance, Clinch implementing regulations. species as a candidate for listing based Coalition, Dogwood Alliance, Gulf On May 7, 2010, the Service received on an evaluation of its status that we Restoration Network, Tennessee Forests correspondence from the Southeastern conducted on our own initiative, or as Council, West Virginia Highlands Fishes Council, dated May 2, 2010, with a result of making a finding on a Conservancy, Tierra Curry, and Noah an explanation of its involvement in petition to list a species that listing is Greenwald (referred to below as the formulation of the petition. The Council warranted but precluded by other higher CBD petition) to list 404 aquatic, was contacted by CBD, which solicited priority listing actions. Of the 404 riparian, and wetland species from the the Council’s involvement in the species that are the subjects of the southeastern United States as preparation of the subject petition. The petition, 18 had already been placed on endangered or threatened species and to Southeastern Fishes Council’s members the candidate list as a result of our own designate critical habitat concurrent provided expertise in review of the review and evaluation. These include: with listing under the Act. The petition CBD’s list of fishes in the draft petition. sicklefin redhorse (Moxostoma sp. 2 (the

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2 refers to one of two species within the finding on the species listed above, and species. A category 1 candidate species genus that have not yet been officially they have already been identified as was one for which the Service had classified)), laurel dace (Phoxinus warranting listing, including five that substantial information on hand to saylori) ((currently proposed for listing we have proposed to list as endangered, support the biological appropriateness as endangered (June 24, 2011; 75 FR we find the petition provides substantial of proposing to list as endangered or 36035)), spectaclecase (Cumberlandia scientific or commercial information threatened, and for which development monodonta) ((currently proposed for indicating that these species may be and publication of such a proposal was listing as endangered (January 19, 2011; warranted for listing. anticipated. A category 2 candidate 76 FR 3392)), narrow pigtoe (Fusconaia The CBD petition includes one species was one for which there was escambia), round ebonyshell (Fusconaia species, the Alabama shad (Alosa some evidence of vulnerability, but for rotulata), southern sandshell (Hamiota alabamae), that falls under the which additional biological information australis), sheepnose (Plethobasus jurisdiction of the NMFS. According to was needed to support a proposed rule cyphyus) ((currently proposed for listing the 1974 Memorandum of to list as endangered or threatened. A as endangered (January 19, 2011; 76 FR Understanding regarding jurisdictional category 3C candidate was one that was 3392)), fuzzy pigtoe (Pleurobema responsibilities and listing procedures proven to be more widespread than was strodeanum), southern kidneyshell between the Service and NMFS, the previously believed and/or those that (Ptychobranchus jonesi), rabbitsfoot NMFS has jurisdiction over species were not subject to any identifiable (Quadrula cylindrica cylindrica), which either (1) Reside the majority threats. These categories were tapered pigtoe (Fusconaia burkei), portion of their lifetimes in marine discontinued in 1996 (December 5, Choctaw bean (Villosa choctawensis), waters, or (2) are species which spend 1996; 61 FR 64481) in favor of rayed bean (Villosa fabalis) ((currently part of their lifetimes in estuarine maintaining a list that only represented proposed for listing as endangered waters, if the majority portion of the those species for which we have on file (November 2, 2010; 75 FR 67552)), black remaining time (the time which is not sufficient information on biological mudalia (Elimia melanoides), Coleman spent in estuarine waters) is spent in vulnerability and threats to support a cave beetle (Pseudanophthalmus marine waters. Based on this definition, proposal to list as endangered or colemanensis), Black Warrior waterdog NMFS has jurisdiction for the Alabama threatened, but for which preparation (Necturus alabamensis), and Yadkin shad, and, accordingly, NMFS provided and publication of a proposal is River goldenrod (Solidago plumosa). We a letter to the Service, dated April 30, precluded by higher priority listing proposed to list the snuffbox 2010, proposing to evaluate the subject actions. (Epioblasma triquetra) as endangered on petition, for the Alabama shad only, for The Service was previously petitioned November 2, 2010 (75 FR 67552). the purpose of the 90-day finding and to list two of the subject petitioned We conduct a review of all candidate any required subsequent listing action. species, the Say’s spiketail dragonfly species annually to ensure that a The NMFS published the 90-day finding (February 15, 1994) and the orangefin proposed listing is justified for each for the Alabama shad on February 17, madtom (October 6, 1983), as species, and reevaluate the relative 2011 (76 FR 9320), and in that endangered species. We published 90- listing priority number assigned to each document announced its finding that day findings for Say’s spiketail species. We also evaluate the need to the petition did not present substantial dragonfly on October 26, 1994 (59 FR emergency list any of these species, scientific or commercial information 53776), and the orangefin madtom on particularly species with high priorities. indicating that listing may be warranted January 16, 1984 (49 FR 1919), Through this annual review we also add for the Alabama shad. respectively, and 12-month findings on new candidate species and remove July 17, 1995 (60 FR 36380), and July Previous Federal Actions those that no longer warrant listing. 18, 1985 (50 FR 29238), respectively. This review and reevaluation ensure A large number of the petitioned Similarly, we previously proposed to that we focus conservation efforts on species have previously been list as endangered the Barrens those species at greatest risk first. considered for listing under the Act and topminnow (December 30, 1977; 42 FR Because we have already made the were at one time or another assigned 65209). However, that proposal was equivalent of a 90-day and a 12-month status as a category 1, 2, or 3C candidate never finalized.

TABLE 1—PREVIOUS FEDERAL REGISTER NOTICES ADDRESSING THE PETITIONED SPECIES

Publication FR Citation date Action

74 FR 57804 ...... 11/9/2009 .... Endangered and Threatened Wildlife and Plants (ETWP): Review of Native Species That Are Candidates for Listing as Endangered or Threatened; Annual Notice on Findings on Resub- mitted Petitions; Annual Description of Progress on Listing Actions; Proposed Rule. 61 FR 64481 ...... 12/5/1996 .... ETWP; Notice of Final Decision on Identification of Candidates for Listing as Endangered or Threatened. 61 FR 7596 ...... 02/28/1996 .. ETWP; Review of Plant and Animal Taxa That Are Candidates for Listing as Endangered or Threatened Species; Proposed Rule. 60 FR 36380 ...... 7/17/1995 .... ETWP; 12-Month Finding for a Petition To List the Say’s Spiketail Dragonfly as Endangered. 59 FR 58982 ...... 11/15/1994 .. ETWP; Animal Candidate Review for Listing as Endangered or Threatened Species; Notice of Review. 59 FR 53776 ...... 10/26/1994 .. ETWP; 90-Day Finding for a Petition To List the Say’s Spiketail Dragonfly as Endangered. 58 FR 51144 ...... 9/30/1993 .... ETWP; Review of Plant Taxa for Listing as Endangered or Threatened Species; Notice of Re- view. 56 FR 58664 ...... 11/21/1991 .. ETWP; Annual Description of Progress on Listing Actions and Findings on Recycled Petitions. 56 FR 58804 ...... 11/21/1991 .. ETWP; Review of Animal Taxa for Listing as Endangered or Threatened Species; Notice of Review. 55 FR 17475 ...... 4/25/1990 .... ETWP; Annual Description of Progress on Listing Actions and Findings on Recycled Petitions.

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TABLE 1—PREVIOUS FEDERAL REGISTER NOTICES ADDRESSING THE PETITIONED SPECIES—Continued

Publication FR Citation date Action

55 FR 6184 ...... 2/21/1990 .... ETWP; Review of Plant Taxa for Listing as Endangered or Threatened Species; Notice of Re- view. 54 FR 554 ...... 1/6/1989 ...... ETWP; Review of Animal Taxa for Listing as Endangered or Threatened Species; Notice of Review. 53 FR 52746 ...... 12/29/1988 .. ETWP; Findings on Pending Petitions and Description of Progress on Listing Actions. 53 FR 25511 ...... 7/7/1988 ...... ETWP; Findings on Pending Petitions and Description of Progress on Listing Actions. 52 FR 24312 ...... 6/30/1987 .... ETWP; Findings on Pending Petitions and Description of Progress on Listing Actions. 51 FR 996 ...... 1/09/1986 .... ETWP; Findings on Pending Petitions and Description of Progress on Listing Actions. 50 FR 39526 ...... 9/27/1985 .... ETWP; Review of Plant Taxa for Listing as Endangered or Threatened Species; Notice of Re- view. 50 FR 37958 ...... 9/18/1985 .... ETWP; Review of Vertebrate Wildlife. 50 FR 29238 ...... 7/18/1985 .... 12-Month Finding on a Petition To List the Orangefin Madtom. 50 FR 19761 ...... 5/10/1985 .... ETWP; Findings on Pending Petitions and Description of Progress on Listing Actions. 49 FR 21664 ...... 5/22/1984 .... ETWP; Review of Invertebrate Wildlife for Listing as Endangered or Threatened Species. 49 FR 2485 ...... 1/20/1984 .... ETWP; Findings on Pending Petitions and Description of Progress on Listing Actions. 49 FR 1919 ...... 1/16/1984 .... ETWP; 90-Day Finding on a Petition To List the Orangefin Madtom. 48 FR 53640 ...... 11/28/1983 .. ETWP; Supplement to Review of Plant Taxa for Listing as Endangered or Threatened Spe- cies. 47 FR 58454 ...... 12/30/1982 .. ETWP; Review of Vertebrate Wildlife for Listing as Endangered or Threatened Species; Notice of Review. 45 FR 82480 ...... 12/15/1980 .. ETWP; Review of Plant Taxa for Listing as Endangered or Threatened Species; Notice of Re- view. 44 FR 70796 ...... 12/10/1979 .. ETWP; Notice of Withdrawal of That Portion of Our June 16, 1976, Proposed Rule That Has Not Yet Been Finalized. 44 FR 44418 ...... 7/27/1979 .... ETWP; Reproposal of Critical Habitat for the Barrens Topminnow. 44 FR 12382 ...... 3/6/1979 ...... ETWP; Withdrawal of Proposed Critical Habitat for the Barrens Topminnow. 43 FR 21702 ...... 5/19/1978 .... ETWP; Proposed Endangered Status and Critical Habitat for Two Species of Turtles (Key Mud Turtle and Plymouth Red-bellied Turtle). 43 FR 17909 ...... 4/26/1978 .... ETWP; Final Rule and Summary of General Comments Received in Response to a Proposal To List Some 1700 U.S. Vascular Plants. 42 FR 65209 ...... 12/30/1977 .. ETWP; Proposed Endangered Status for the Barrens Topminnow. 41 FR 24524 ...... 6/16/1976 .... ETWP; Proposed Endangered Status for Some 1700 U.S. Vascular Plants. 40 FR 27824 ...... 7/1/1975 ...... Acceptance of Smithsonian Report As a Petition To List Taxa Named Therein Under Section 4(b)(2) of the Act and Intention To Review the Status of Those Plants.

Species Information Greensboro burrowing crayfish Haideotriton wallacei), Neuse River (Cambarus catagius), and Blood River waterdog (Necturus lewisi), Gulf The petition identified 404 aquatic, crayfish (Orconectes burri). hammock dwarf siren (Pseudobranchus riparian, and wetland species from the The nature of this petition finding, striatus lustricolus), and patch-nosed southeastern United States as needing that is, the large number of species salamander (Urspelerpes brucei). The protection under the Act. This list evaluated, necessitates our limiting a Black Warrior waterdog (Necturus included 15 amphibians, 6 amphipods, discussion of species information to a alabamensis) is already on the Service’s 18 beetles, 3 birds, 4 butterflies, 9 general one; only where there is a candidate species list. The seepage caddisflies, 83 crayfish, 14 dragonflies, clarification necessary do we provide salamander, Oklahoma salamander, 48 fish, 1 springfly, 1 fairy shrimp, 2 specific species information below. Tennessee cave salamander, West isopods, 4 mammals, 1 moth, 48 The petition identified 15 amphibians Virginia Spring salamander, Georgia mussels, 6 non-vascular plants, 13 and requested that they be added to the blind salamander, Neuse River reptiles, 44 snails, 8 stoneflies, and 76 List of Endangered and Threatened waterdog, hellbender, and Gulf vascular plants. Of these 404 species, Wildlife (List). Thirteen of these are hammock dwarf siren were previous C2 374 species are addressed in this finding subjects of this finding, including the candidates for Federal listing, until that (listed in Table 2 in the Summary of following: Streamside salamander category was discontinued in 1996. Threats as Identified in the Petition (Ambystoma barbouri), one-toed Chamberlain’s dwarf salamander is section below). We have not yet made amphiuma (Amphiuma pholeter), given a NatureServe global ranking of a finding on the following 11 species: hellbender (Cryptobranchus G5; however, its status in Georgia is S1, South Florida rainbow snake (Farancia alleganiensis), Cumberland dusky indicating it is considered critically erytrogramma seminola), Sarah’s salamander (Desmognathus abditus), imperiled in that State. The streamside hydroptila caddisfly (Hydroptila seepage salamander (Desmognathus salamander is given the G4 conservation sarahae), Rogue Creek hydroptila aeneus), Chamberlain’s dwarf status by NatureServe; however, it is caddisfly (Hydroptila okaloosa), Florida salamander (Eurycea chamberlaini), considered critically imperiled (S1) in brown checkered summer sedge Oklahoma salamander (Eurycea West Virginia, imperiled (S2) in (Polycentropus floridensis), Florida fairy tynerensis), Tennessee cave salamander Tennessee, and vulnerable (S3) in shrimp (Dexteria floridana), Ouachita (Gyrinophilus palleucus), West Virginia Indiana. The one-toed amphiuma creekshell (Villosa arkansasensis), spring salamander (Gyrinophilus maintains a global G3 ranking by crystal darter (Crystallaria asprella), subterraneus), Georgia blind salamander NatureServe; however, it is also spotted darter (Etheostoma maculatum), (Eurycea wallacei, formerly known as, considered critically imperiled by Florida bog frog (Rana okaloosae), and identified by petitioners as, NatureServe in Mississippi, Alabama,

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and Georgia, and vulnerable in Florida. (Pseudanophthalmus hubbardi), The petition identified nine The Tennessee cave salamander Hubricht’s cave beetle caddisflies and requested that they be maintains a NatureServe global ranking (Pseudanophthalmus hubrichti), added to the List. Six of these are of G2 with State rankings of S2 (AL and Crossroad’s cave beetle included in this finding, including the TN) and S1 (GA). The hellbender (Pseudanophthalmus intersectus), following: Logan’s agarodes caddisfly maintains a NatureServe global ranking Madden’s cave beetle (Agarodes logani), Sykora’s hydroptila of G3. Its State status ranges from S1 to (Pseudanophthalmus limicola), Dry caddisfly (Hydroptila sykorae), Morse’s S3. The subspecies bishopi, or Ozark Fork Valley cave beetle little plain brown sedge (Lepidostoma hellbender, was proposed for Federal (Pseudanophthalmus montanus), morsei), little oecetis longhorn caddisfly listing as endangered on September 8, Natural Bridge cave beetle (Oecetis parva), Setose cream and 2010 (75 FR 54561). The Cumberland (Pseudanophthalmus pontis), South brown mottled microcaddisfly dusky salamander and Georgia blind Branch Valley cave beetle (Oxyethira setosa), and three-toothed salamander each have a NatureServe (Pseudanophthalmus potomaca), triaenodes caddisfly (Triaenodes conservation status of imperiled (G2), overlooked cave beetle tridontus). with State rankings varying from (Pseudanophthalmus praetermissus), Of these caddisflies, two are assigned possibly extirpated, to critically Saint Paul cave beetle a NatureServe ranking of G1, and four imperiled, to imperiled. The seepage (Pseudanophthalmus sanctipauli), are assigned a G2. There is very little salamander, Oklahoma salamander, and silken cave beetle (Pseudanophthalmus known about these species except that Neuse River waterdog each have a sericus), Thomas’s cave beetle they appear to be very narrow endemics. NatureServe global conservation ranking (Pseudanophthalmus thomasi), and The little oecetis longhorn caddisfly and of G3, with individual State rankings of Maiden Spring cave beetle three-toothed triaenodes caddisfly are S1 to S3. The West Virginia spring (Pseudanophthalmus virginicus). The previous category 2 candidate species. salamander and patch-nosed Coleman’s cave beetle The petition identified 83 crayfish salamander each have a NatureServe (Pseudanophthalmus colemanensis) is and requested that they be added to the conservation ranking of G1. The Gulf already a Federal candidate species. List. Eighty-one of these are included in hammock dwarf siren is given a These cave beetles are locally this finding: Bayou Bodcau crayfish NatureServe global ranking of T1. The endemic to small cave systems in (Bouchardina robisoni), Dougherty Plain dwarf siren has not been documented Virginia, West Virginia, and Tennessee. cave crayfish (Cambarus cryptodytes), since its description in 1951. Sixteen of them are afforded a Obey crayfish (Cambarus obeyensis), The petition identified six amphipods NatureServe ranking of G1, with a cypress crayfish (Cambarellus blacki), and requested that they be added to the population size of 1,000 or fewer, and least crayfish (Cambarellus diminutus), List, including the following: Florida many have not been documented since angular dwarf crawfish (Cambarellus cave amphipod (Crangonyx their description. One cave beetle, the lesliei), Big South Fork crayfish grandimanus), Hobbs cave amphipod South Branch Valley cave beetle, has a (Cambarus bouchardi), New River (Crangonyx hobbsi), Cooper’s cave slightly wider range and is afforded a crayfish (Cambarus chasmodactylus), amphipod (Stygobromus cooperi), NatureServe ranking of G3. All of these Chauga crayfish (Cambarus tidewater amphipod (Stygobromus beetles were previous category 2 chaugaensis), Coosawattae crayfish indentatus), Morrison’s cave amphipod candidates for Federal listing, until that (Cambarus coosawattae), slenderclaw (Stygobromus morrisoni), and minute category was discontinued in 1996. crayfish (Cambarus cracens), Conasauga cave amphipod (Stygobromus parvus). The petition identified three birds and blue burrower (Cambarus cymatilis), These six amphipods are each requested that they be added to the List, Grandfather Mountain crayfish assigned a NatureServe Global ranking including the following: MacGillivray’s (Cambarus eeseeohensis), Elk River of either G2 or G3, indicating they are seaside sparrow (Ammodrammus crayfish (Cambarus elkensis), considered imperiled or vulnerable maritimus macgillivraii), Florida Chickamauga crayfish (Cambarus across their entire range. Cooper’s cave sandhill crane (Grus canadensis extraneus), Etowah crayfish (Cambarus amphipod, tidewater amphipod, pratensis), and black rail (Laterallus fasciatus), Little Tennessee crayfish Morrison’s cave amphipod and the jamaicensis). MacGillivray’s seaside (Cambarus georgiae), Piedmont blue minute cave amphipod were each sparrow and the Florida sandhill crane burrower (Cambarus harti), spiny scale previous Service category 2 candidate are given a NatureServe ranking of T2, crayfish (Cambarus jezerinaci), Alabama species for listing (species for which while the black rail is more widely cave crayfish (Cambarus jonesi), there was some evidence of distributed and given a NatureServe Greenbrier cave crayfish (Cambarus vulnerability, but for which additional ranking of G4. The black rail is a nerterius), Hiwassee headwater crayfish biological information was needed to previous category 2 candidate species. (Cambarus parrishi), pristine crayfish support a proposed rule to list as The petition identified four butterflies (Cambarus pristinus), Chattooga River endangered or threatened). and requested that they be added to the crayfish (Cambarus scotti), beautiful The petition identified 18 beetles and List, including the following: Linda’s crayfish (Cambarus speciosus), Broad requested that they be added to the List. roadside-skipper (Amblyscirtes linda), River spiny crayfish (Cambarus Seventeen of these are included in this Duke’s skipper (Euphyes dukesi spicatus), lean crayfish (Cambarus finding, including the following: calhouni), Palatka skipper (Euphyes strigosus), blackbarred crayfish Cobblestone tiger beetle (Cincindela pilatka klotsi), and rare skipper (Cambarus unestami), Big Sandy marginipennis), Avernus cave beetle (Problema bulenta). Linda’s roadside crayfish (Cambarus veteranus), (Pseudanophthalmus avernus), Little skipper and the rare skipper are Brawley’s Fork crayfish (Cambarus Kennedy cave beetle afforded a NatureServe ranking of G2. williami), mimic crayfish (Pseudanophthalmus cordicollis), New Duke’s and Palatka’s skippers are (Distocambarus carlsoni), Broad River River Valley cave beetle afforded NatureServe rankings of T2 and burrowing crayfish (Distocambarus (Pseudanophthalmus egberti), T1, respectively. The rare skipper was devexus), Newberry burrowing crayfish Cumberland Gap cave beetle previously considered a category 2 (Distocambarus youngineri), burrowing (Pseudanophthalmus hirsutus), candidate, until that category was bog crayfish (Fallicambarus burrisi), Hubbard’s cave beetle discontinued by the Service in 1996. speckled burrowing crayfish

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(Fallicambarus danielae), Jefferson species, once at the species level, species. We published a 90-day finding County crayfish (Fallicambarus gilpini), Procambarus lucifugus, and once at the on October 26, 1994 (59 FR 53776) Ouachita burrowing crayfish subspecific level, Procambarus indicating that because the species was (Fallicambarus harpi), Hatchie lucifugus lucifugus. We include both in already a category 2 candidate for listing burrowing crayfish (Fallicambarus this finding with the intent that a we would proceed with a full status hortoni), slenderwrist burrowing further status review will assess the review. The 12-month finding was crayfish (Fallicambarus petilicarpus), status at both the species and subspecies published on July 17, 1995 (60 FR Saline burrowing crayfish levels. 36380). The Service found that listing (Fallicambarus strawni), Crested riverlet We received an amended petition the species was not warranted but crayfish (Hobbseus cristatus), Oktibbeha from CBD providing supplemental retained the designation of the Say’s riverlet crayfish (Hobbseus comments in support of listing the spiketail as a category 2 candidate orconectoides), Tombigbee riverlet Panama City crayfish. The petition species. An additional eight of the crayfish (Hobbseus petilus), Yalobusha identified threats from habitat loss and petitioned dragonflies held previous riverlet crayfish (Hobbseus degradation, predation, overharvest designations of category 2 candidate yalobushensis), Calcasieu crayfish from collections for use as fishing bait, species, including the Cherokee clubtail, (Orconectes blacki), Coldwater crayfish drought, its limited range and isolated Tennessee clubtail, Septima’s clubtail, (Orconectes eupunctus), Yazoo crayfish distribution, pollution from pesticides Westfall’s clubtail, Mountain River (Orconectes hartfieldi), Tennessee cave and fertilizers, invasive species of cruiser, Edmund’s snaketail, crayfish (Orconectes incomptus), introduced crayfish, and the inadequacy Appalachian snaketail, and the Texas Sucarnoochee River crayfish of existing regulatory mechanisms. The emerald. The NatureServe global (Orconectes jonesi), Kisatchie painted Panama City crayfish only occurs in Bay ranking of the petitioned dragonflies crayfish (Orconectes maletae), County, Florida, where it is considered ranges from G1, critically imperiled, to Mammoth Spring crayfish (Orconectes a species of special concern by the State G3, vulnerable. of Florida. The Service has worked with marchandi), Appalachian cave crayfish The petition identified 47 fish (not the State and the St. Joe Company to (Orconectes packardi), Shelta cave including the Alabama shad (Alosa develop a Candidate Conservation crayfish (Orconectes sheltae), alabamae), which has already been the Agreement with Assurances, but the Chowanoke crayfish (Orconectes subject of a 90-day finding by NMFS) to Agreement has not been finalized. virginiensis), Hardin crayfish be added to the List. Forty-three of these (Orconectes wrighti), Orlando cave Almost all of the petitioned crayfish are restricted to narrow ranges are included in this finding, including crayfish (Procambarus acherontis), the following: Northern cavefish Coastal flatwoods crayfish encompassing small cave or stream systems, which places them in the G1 or (Amblyopsis spelaea), bluestripe shiner (Procambarus apalachicolae), Silver G2 NatureServe ranking due to their (Cyprinella callitaenia), Altamaha Glen Springs crayfish (Procambarus restricted ranges. Two exceptions to this shiner (Cyprinella xaenura), Carolina attiguus), Jackson Prairie crayfish are the Woodville Karst cave crayfish pygmy sunfish (Elassoma boehlkei), (Procambarus barbiger), Mississippi (Procambarus orcinus), which receives a Ozark chub (Erimystax harryi), Warrior flatwoods crayfish (Procambarus G3 ranking, and the regal burrowing darter (Etheostoma bellator), holiday cometes), bigcheek cave crayfish crayfish (Procambarus regalis), which is darter (Etheostoma brevirostrum), ashy (Procambarus delicatus), Panama City given a G2G3 ranking. Their narrow darter (Etheostoma cinereum), Barrens crayfish (Procambarus econfinae), Santa ranges make these crayfish vulnerable to darter (Etheostoma forbesi), smallscale Fe cave crayfish (Procambarus any event that would result in habitat darter (Etheostoma microlepidum), erythrops), spinytail crayfish degradation. A number of the crayfish candy darter (Etheostoma osburni), (Procambarus fitzpatricki), Orange Lake (26) were previously considered paleback darter (Etheostoma cave crayfish (Procambarus franzi), Big category 2 candidates until that category pallididorsum), egg-mimic darter Blue Springs cave crayfish was discontinued by the Service in (Etheostoma pseudovulatum), striated (Procambarus horsti), lagniappe crayfish 1996. darter (Etheostoma striatulum), (Procambarus lagniappe), coastal The petition identified 14 dragonflies Shawnee darter (Etheostoma lowland cave crayfish (Procambarus and requested that they be added to the tecumsehi), Tippecanoe darter leitheuseri), Florida cave crayfish List, including the following: Say’s (Etheostoma tippecanoe), trispot darter (Procambarus lucifugus), Alachua light- spiketail (Cordulegaster sayi), Cherokee (Etheostoma trisella), Tuscumbia darter fleeing cave crayfish (Procambarus clubtail (Gomphus consanguis), (Etheostoma tuscumbia), Barrens lucifugus alachua), Florida cave Tennessee clubtail (Gomphus sandrius), topminnow (Fundulus julisia), robust crayfish (Procambarus lucifugus Septima’s clubtail (Gomphus septima), redhorse (Moxostoma robustum), lucifugus), Shutispear crayfish Westfall’s clubtail (Gomphus westfalli), popeye shiner (Notropis ariommus), (Procambarus lylei), Miami cave purple skimmer (Libellula jesseana), Ozark shiner (Notropis ozarcanus), crayfish (Procambarus milleri), Putnam Mountain River cruiser (Macromia peppered shiner (Notropis perpallidus), County cave crayfish (Procambarus margarita), southern snaketail rocky shiner (Notropis suttkusi), morrisi), Woodville Karst cave crayfish (Ophiogomphus australis), Edmund’s saddled madtom (Noturus fasciatus), (Procambarus orcinus), pallid cave snaketail (Ophiogomphus edmundo), Carolina madtom (Noturus furiosus), crayfish (Procambarus pallidus), Black Appalachian snaketail (Ophiogomphus orangefin madtom (Noturus gilberti), Creek crayfish (Procambarus pictus), incurvatus), Calvert’s emerald piebald madtom (Noturus gladiator), bearded red crayfish (Procambarus (Somatochlora calverti), Texas emerald Ouachita madtom (Noturus lachneri), pogum), regal burrowing crayfish (Somatochlora margarita), Ozark frecklebelly madtom (Noturus munitus), (Procambarus regalis), Irons Fork emerald (Somatochlora ozarkensis), and Caddo madtom (Noturus taylori), burrowing crayfish (Procambarus yellow-sided clubtail (Stylurus Chesapeake logperch (Percina reimeri), and spider cave crayfish potulentus). bimaculata), coal darter (Percina (Troglocambarus maclanei). The Service was previously (February brevicauda), Halloween darter (Percina The petition identified the Florida 15, 1994) petitioned to list the Say’s crypta), bluestripe darter (Percina cave crayfish twice in its list of 404 spiketail dragonfly as an endangered cymatotaenia), bridled darter (Percina

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kusha), longhead darter (Percina Robust Redhorse Conservation (Elliptio monroensis), inflated spike macrocephala), longnose darter (Percina Committee, to conserve the robust (Elliptio purpurella), Tennessee pigtoe nasuta), bankhead darter (Percina sipsi), redhorse through a Memorandum of (Pleuronaia barnesiana), Atlantic pigtoe sickle darter (Percina williamsi), Understanding between State and (Fusconaia masoni), longsolid broadstripe shiner (Pteronotropis Federal resource agencies, private (Fusconaia subrotunda), Waccamaw euryzonus), bluehead shiner industry, and the conservation fatmucket (Lampsilis fullerkati), (Pteronotropis hubbsi), and blackfin community. In 2002, the Service entered Tennessee heelsplitter (Lasmigona sucker (Thoburnia atripinnis). The into a Robust Redhorse Candidate holstonia), green floater (Lasmigona NatureServe global ranking of these fish Conservation Agreement with subviridis), Cumberland moccasinshell ranges from G1 to G4. Assurances with the Georgia (Medionidus conradicus), Suwannee Since receipt of the CBD petition, the Department of Natural Resources and moccasinshell (Medionidus walkeri), laurel dace was proposed for listing as the Georgia Power Company to restore round hickorynut (Obovaria endangered (75 FR 36035; June 24, the species to the Ocmulgee River. subrotunda), Alabama hickorynut 2010). The sicklefin redhorse has The petition identified one springfly, (Obovaria unicolor), Canoe Creek pigtoe already been found to be warranted for the Blueridge springfly (Remenus (Pleurobema athearni), Tennessee listing and is a current Federal kirchneri), and one moth, the Louisiana clubshell (Pleurobema oviforme), candidate species. eyed silkmoth (Automeris louisiana), Warrior pigtoe (Pleurobema rubellum), On December 30, 1977, the Barrens and requested that they be added to the pyramid pigtoe (Pleurobema rubrum), topminnow was proposed for listing as List. These species hold NatureServe inflated floater (Pyganodon gibbosa), endangered with critical habitat (42 FR global rankings of G2. Tallapoosa orb (Quadrula asperata 65209). On March 6, 1979, the critical The petition identified four mammals archeri), salamander mussel habitat portion of the proposal was and requested that they be added to the (Simpsonaias ambigua), purple lilliput withdrawn due to the procedural and List, including the following: Sherman’s (Toxolasma lividus), Savannah lilliput substantive changes made to the Act in short-tailed shrew (Blarina carolinensis (Toxolasma pullus), Alabama rainbow 1978 (44 FR 12382). On July 27, 1979, shermani), Pine Island oryzomys or (Villosa nebulosa), Kentucky creekshell the Service published a reproposal of marsh rice rat (Oryzomys palustris, pop. (Villosa ortmanni), and Coosa creekshell critical habitat for the Barrens 1), Sanibel Island oryzomys or marsh (Villosa umbrans). topminnow (44 FR 44418). A final rice rat (Oryzomys palustris, pop. 2), These mussels have NatureServe listing was never published, and the and insular cotton rat (Sigmodon rankings ranging from G1, critically species was subsequently classified as a hispidus insulicola). All four of these imperiled, to G3, vulnerable, with one category 2 candidate for Federal listing mammals are afforded a ranking of G1 mussel, the round hickorynut, having a until that category was discontinued in or T1 by NatureServe. The insular ranking of G4, apparently stable. The 1996. cotton rat was previously a category 2 Atlantic pigtoe, Waccamaw fatmucket, On October 6, 1983, the Service was candidate species but was removed from Tennessee heelsplitter, green floater, petitioned to list the orangefin madtom the candidate list in 1996 when the Suwannee moccasinshell, Tennessee and a substantial finding was published category was discontinued. clubshell, warrior pigtoe, salamander on January 16, 1984 (49 FR 1919). On The petition identified two isopods mussel, purple lilliput, Savannah completion of the status review on and requested that they be added to the lilliput, and Kentucky creekshell, are October 12, 1984, a 12-month finding List: The Caecidotea cannula (no previous category 2 candidates for was made that listing the orangefin common name) and Rye Cove isopod listing, but were removed when the madtom was warranted but precluded (Lirceus culveri). These isopods are category was discontinued in 1996. by other efforts to revise the Lists. This given NatureServe rankings of G2 The snuffbox (Epioblasma triquetra) finding was announced in a July 18, (Caecidotea cannula) and G1 (Rye Cove and rayed bean (Villosa fabalis) were 1985, Federal Register notice (50 FR isopod). Both species were former proposed for listing as endangered on 29238). The species remained a category 2 candidates for listing, until November 2, 2010 (75 FR 67552). The candidate species until its removal from that category was discontinued in 1996. spectaclecase (Cumberlandia the candidate list in 1996. The petition identified 48 mussels monodonta) and sheepnose In addition to the above species, 24 of and requested that they be added to the (Plethobasus cyphyus) were proposed as the petitioned fish were at one time List. Thirteen species of mussels endangered on January 19, 2011 (76 FR candidates for listing under the Act. The identified in the petition are not 3392). The other eight are current peppered shiner, paleback darter, and evaluated in this finding; twelve have candidates for Federal listing and Ouachita madtom were category 1 previously been found by the Service to subjects of a draft proposed rule to list, candidates (47 FR 58454). However, warrant listing, and one, the Ouachita including the narrow pigtoe (Fusconaia they were subsequently removed from creekshell (Villosa arkansasensis) has escambia), round ebonyshell (Fusconaia the candidate list. Twenty-one of the not yet been evaluated. Thirty-five of rotulata), southern sandshell (Hamiota petitioned fish were category 2 the petitioned species are included in australis), fuzzy pigtoe (Pleurobema candidates for listing, including the this finding, including the following: strodeanum), southern kidneyshell following: Northern cavefish, bluestripe Altamaha arcmussel (Alasmidonta (Ptychobranchus jonesi), rabbitsfoot shiner, Carolina pygmy sunfish, Warrior arcula), southern elktoe (Alasmidonta (Quadrula cylindrica cylindrica), darter, holiday darter, ashy darter, triangulata), brook floater (Alasmidonta tapered pigtoe (Fusconaia burkei), and Barrens darter, candy darter, egg-mimic varicosa), Apalachicola floater Choctaw bean (Villosa choctawensis). darter, striated darter, trispot darter, (Anodonta heardi), rayed creekshell The petition identified six non- Tuscumbia darter, robust redhorse, (Anodontoides radiatus), western vascular plants and requested that they Ozark shiner, Carolina madtom, fanshell (Cyprogenia aberti), southern be added to the List of Endangered and frecklebelly madtom, Caddo madtom, lance (Elliptio ahenea), Alabama spike Threatened Plants, including the bluestripe darter, longhead darter, (Elliptio arca), delicate spike (Elliptio following: Fissidens appalachensis longnose darter, and Halloween darter. arctata), brother spike (Elliptio (Appalachian fissidens moss), Fissidens In 1995, the Service entered into a fraterna), yellow lance (Elliptio hallii (Hall’s pocket moss), Megaceros cooperative voluntary partnership, the lanceolata), St. Johns elephant ear aenigmaticus (hornwort), Phaeophyscia

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leana (Lea’s bog lichen), Plagiochila snake, Florida Keys mole skink, and The petition identified eight stoneflies caduciloba (Gorge leafy liverwort), and Barbour’s map turtle were each prior and requested that they be added to the Plagiochila sharpii ssp. sharpii (Sharp’s Federal category 2 candidate species. List, including the following: Virginia leafy liverwort). The NatureServe Global The black-knobbed map turtle was a stone (Acroneuria kosztarabi), Sevier ranking for these plants ranges from G2, prior category 3C candidate species snowfly (Allocapnia brooksi), Smokies imperiled (Fissidens appalachensis, (taxa that were proven to be more snowfly (Allocapnia fumosa), Karst Fissidens hallii, Phaeophyscia leana, widespread than was previously snowfly (Allocapnia cunninghami), and Megaceros aenigmaticus), to G3, believed and/or those that were not Tennessee forestfly (Amphinemura vulnerable (Plagiochila caduciloba), to subject to any identifiable threat). mockfordi), Louisiana needlefly T3, vulnerable (Plagiochila sharpii ssp. The petition identified 44 snails and (Leuctra szczytkoi), Smokies needlefly sharpii). Plagiochila caduciloba and requested that they be added to the List, (Megaleuctra williamsae), and lobed Plagiochila sharpii ssp. sharpii held of which 43 are subjects of this finding, roachfly (Tallaperla lobata). The prior Federal category 2 candidate including the following: Manitou Virginia stone and Karst snowfly are status, but were removed from that list cavesnail (Antrorbis breweri), Blue assigned a NatureServe global ranking of when we discontinued use of the Spring hydrobe snail (Aphaostracon G1, critically imperiled. The Sevier category 2 and 3C lists in 1996. asthenes), freemouth hydrobe snail snowfly, Smokies snowfly, Tennessee The petition identified 13 reptiles and (Aphaostracon chalarogyrus), Wekiwa forestfly, Louisiana needlefly, Smokies requested that they be added to the List. hydrobe snail (Aphaostracon monas), needlefly, and lobed roachfly are Twelve of these are subjects of this dense hydrobe snail (Aphaostracon assigned NatureServe global rankings of finding, including the following: pycnus), Clifton Spring hydrobe snail G2. Kirtland’s snake (Clonophis kirtlandii), (Aphaostracon theiocrenetum), acute Lastly, the petition identified 76 western chicken turtle (Deirochelys elimia (Elimia acuta), mud elimia vascular plants and requested that they reticularia miaria), Florida keys mole (Elimia alabamensis), ample elimia be added to the List of Endangered and skink (Eumeces egregius egregius), (Elimia ampla), Lilyshoals elimia Threatened Plants, of which 75 are Barbour’s map turtle (Graptemys (Elimia annettae), spider elimia (Elimia included in this finding, including the barbouri), Escambia map turtle arachnoidea), princess elimia (Elimia following: Aeschynomene pratensis (Graptemys ernsti), Pascagoula map bellacrenata), walnut elimia (Elimia (meadow joint-vetch), Alnus maritima turtle (Graptemys gibbonsi), black- bellula), prune elimia (Elimia (seaside alder), Amorpha georgiana var. knobbed map turtle (Graptemys chiltonensis), cockle elimia (Elimia nigrinoda), Alabama map turtle cochliaris), cylinder elimia (Elimia georgiana (Georgia leadplant or Georgia (Graptemys pulchra), Lower Florida cylindracea), nodulose Coosa River indigo bush), Arnoglossum Keys striped mud turtle (Kinosternon snail (Elimia lachryma), round-rib diversifolium (variable-leaved Indian- baurii, pop. 1), Florida Panhandle elimia (Elimia nassula), caper elimia plantain), Balduina atropurpurea Florida red-bellied turtle (Pseudemys (Elimia olivula), engraved elimia (Elimia (purple balduina or purple disk nelsoni, pop. 1), northern red-bellied perstriata), compact elimia (Elimia honeycombhead), Baptisia megacarpa cooter (Pseudemys rubriventris), and showalteri), elegant elimia (Elimia (Apalachicola wild indigo), Bartonia Lower Florida Keys eastern ribbonsnake teres), cobble elimia (Elimia texana (Texas screwstem), Boltonia (Thamnophis sauritus, pop. 1). vanuxemiana), Ichetucknee siltsnail montana (Doll’s daisy), Calamovilfa The Kirtland’s snake, Barbour’s map (Floridobia mica), Enterprise siltsnail arcuata (rivergrass), Carex brysonii turtle, Escambia map turtle, and (Floridobia monroensis), pygmy siltsnail (Bryson’s sedge), Carex impressinervia Pascagoula map turtle have a (Floridobia parva), Ponderosa siltsnail (impressed-nerved sedge), Coreopsis NatureServe conservation status of G2, (Floridobia ponderosa), Wekiwa integrifolia (ciliate-leaf tickseed), Croton with State rankings varying from siltsnail (Floridobia wekiwae), spiny elliottii (Elliott’s croton), Elytraria possibly extirpated, to S1, to S2. The riversnail (Io fluvialis), Arkansas caroliniensis var. angustifolia black-knobbed map turtle has a mudalia (Leptoxis arkansasensis), (narrowleaf Carolina scalystem), NatureServe ranking of G3. The spotted rocksnail (Leptoxis picta), Encyclia cochleata var. triandra (Clam- Alabama map turtle has a NatureServe smooth mudalia (Leptoxis virgata), shell orchid), Epidendrum strobiliferum ranking of G4, but State rankings vary knobby rocksnail (Lithasia curta), (Big Cypress epidendrum), Eriocaulon from S1 to S3. The Florida Keys mole helmet rocksnail (Lithasia duttoniana), koernickianum (small-headed skink and Lower Florida Keys eastern Ocmulgee marstonia (Marstonia pipewort), Eriocaulon nigrobracteatum ribbonsnake are given a NatureServe agarhecta), beaverpond marstonia (black-bracked pipewort), Eupatorium global ranking of T1. The western (Marstonia castor), Ozark pyrg paludicola (a thoroughwort), Eurybia chicken turtle is considered secure by (Marstonia ozarkensis), magnificant saxicastellii (Rockcastle wood-aster), NatureServe with a global ranking of T5. rams-horn (Planorbella magnifica), Fimbristylis perpusilla (Harper’s The Lower Florida Keys striped mud corpulent hornsnail (Pleurocera fimbristylis), Forestiera godfreyi turtle and the Florida Panhandle corpulenta), shortspire hornsnail (Godfry’s privet), Hartwrightia floridan population of the Florida red-bellied (Pleurocera curta), skirted hornsnail (Hartwrightia), Helianthus occidentalis turtle are given a T2 NatureServe (Pleurocera pyrenella), domed ancylid ssp. plantagineus (Shinner’s sunflower), ranking. We proposed to list the striped (Rhodacme elatior), and reverse Hexastylis speciosa (Harper’s heartleaf), mud turtle as endangered on May 19, pebblesnail (Somatogyrus alcoviensis). Hymenocallis henryae (Henry’s spider- 1978 (43 FR 21702) but never finalized These 43 snails each maintain a lily), Hypericum edisonianum (Edison’s the listing. The species was placed on NatureServe ranking of either G1, ascyrum), Hypericum lissophloeus the category 2 candidate list on critically imperiled, or G2, imperiled. (smooth-barked St. John’s-wort), December 30, 1982 (47 FR 58454). The Several are previous Federal category 2 Illicium parviflorum (yellow anisetree), northern red-bellied cooter is given a candidates, including the magnificent Isoetes hyemalis (winter or evergreen NatureServe ranking of G4 or apparently rams-horn, beaverpond marstonia, quillwort), Isoetes microvela (thin-wall stable with State rankings ranging from Ocmulgee marstonia, and the skirted quillwort), Lilium iridollae (panhandle S2 (imperiled) to S5 (stable). In addition hornsnail, until that category was lily), Lindera subcoriacea (bog to the striped mud turtle, Kirtland’s discontinued in 1996. spicebush), Linum westii (West’s flax),

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Lobelia boykinii (Boykin’s lobelia), included in the CBD petition to list 404 grass). The NatureServe global ranking Ludwigia brevipes (Long Beach southeastern U.S. species. Wild South of these 75 species ranges from seedbox), Ludwigia spathulata provided additional information on the subspecies T1, to T2, to T3 status and (spathulate seedbox), Ludwigia ravenii species’ life history, status and threats. species G1, to G2, to G3, and G4. (Raven’s seedbox), Lythrum curtissii Of the 75 vascular plants identified Evaluation of Information for This (Curtis’s loosestrife), Lythrum flagellare above, 46 held previous Federal Finding (lowland loosestrife), Macbridea candidate status, prior to 1996 and the caroliniana (Carolina birds-in-a-nest), discontinuance of the category 2 and 3C Section 4 of the Act (16 U.S.C. 1533) Marshallia grandiflora (Large-flowered classifications. These include the and its implementing regulations at 50 Barbara’s-buttons), Minuartia godfreyi following: Alnus maritima (seaside CFR 424 set forth the procedures for (Godfrey’s stitchwort), Najas filifolia alder), Amorpha georgiana var. adding a species to, or removing a (narrowleaf naiad), Nufar lutea ssp. georgiana (Georgia leadplant or Georgia species from, the Lists of Endangered sagittifolia (Cape Fear spatterdock or indigo bush), Balduina atropurpurea and Threatened Wildlife and Plants yellow pond lily), Nufar lutea ssp. (purple balduina or purple disk (Lists). A species may be determined to ulvacea (West Florida cow-lily), Nyssa honeycombhead), Baptisia megacarpa be endangered or threatened due to one ursina (Bear tupelo or dwarf blackgum), (Apalachicola wild indigo), Bartonia or more of the five factors described in Oncidium undulatum (Cape Sable texana (Texas screwstem), Calamovilfa section 4(a)(1) of the Act: (A) The present or threatened orchid), Physostegia correllii (Correll’s arcuata (rivergrass), Carex destruction, modification, or false dragonhead), Potamogeton impressinervia (impressed-nerved curtailment of its habitat or range; floridanus (Florida pondweed), sedge), Croton elliottii (Elliott’s croton), (B) Overutilization for commercial, Potamogeton tennesseensis (Tennessee Elytraria caroliniensis var. angustifolia recreational, scientific, or educational pondweed), Ptilimnium ahlesii (narrowleaf Carolina scalystem), purposes; (Carolina bishopweed), Rhexia Eriocaulon koernickianum (small- parviflora (small-flower meadow- (C) Disease or predation; headed pipewort), Fimbristylis (D) The inadequacy of existing beauty), Rhexia salicifolia (panhandle perpusilla (Harper’s fimbristylis), regulatory mechanisms; or meadow-beauty), Rhynchospora Hartwrightia floridan (Hartwrightia), (E) Other natural or manmade factors crinipes (hairy-peduncled beakbush), Hexastylis speciosa (Harper’s heartleaf), affecting its continued existence. Rhynchospora thornei (Thorne’s Hymenocallis henryae (Henry’s spider- Listing actions may be warranted beakbush), Rudbeckia auriculata (eared lily), Hypericum edisonianum (Edison’s based on any of the above factors, singly coneflower), Rudbeckia heliopsidis ascyrum), Hypericum lissophloeus or in combination. (sun-facing coneflower), Salix floridana (smooth-barked St. John’s-wort), In considering what factors might (Florida willow), Sarracenia purpurea Illicium parviflorum (yellow anisetree), constitute threats, we must look beyond var. montana (mountain purple Lilium iridollae (panhandle lily), the mere exposure of the species to the pitcherplant), Sarracenia rubra ssp. Lindera subcoriacea (bog spicebush), factor to determine whether the species gulfensis (Gulf sweet pitcherplant), Linum westii (West’s flax), Lobelia responds to the factor in a way that Sarracenia rubra ssp. wherryi (Wherry’s boykinii (Boykin’s lobelia), Lythrum causes actual impacts to the species. If sweet pitcherplant), Schoenoplectus curtissii (Curtis’s loosestrife), Lythrum there is exposure to a factor, but no hallii (Hall’s bulrush), Scuttelaria flagellare (lowland loosestrife), response, or only a positive response, ocmulgee (Ocmulgee skullcap), Macbridea caroliniana (Carolina birds- that factor is not a threat. If there is Sideroxylon thornei (swamp buckhorn in-a-nest), Marshallia grandiflora (Large- exposure and the species responds or Georgia bully), Solidago arenicola flowered Barbara’s-buttons), Minuartia negatively, the factor may be a threat (southern racemose goldenrod), godfreyi (Godfrey’s stitchwort), Najas and we then attempt to determine how Sporobolus teretifolius (wire-leaved filifolia (narrowleaf naiad), Nufar lutea significant a threat it is. If the threat is dropseed), Stellaria fontinalis (water ssp. ulvacea (West Florida cow-lily), significant, it may drive or contribute to stitchwort), Symphyotrichum puniceum Nyssa ursina (Bear tupelo or dwarf the risk of extinction of the species such var. scabricaule (rough-stemmed aster), blackgum), Physostegia correllii that the species may warrant listing as Thalictrum debile (southern (Correll’s false dragonhead), endangered or threatened as those terms meadowrue), Trillium texanum (Texas Potamogetan floridanus (Florida are defined by the Act. This does not trillium), Tsuga caroliniana (Carolina pondweed), Rhexia parviflora (small- necessarily require empirical proof of a hemlock), Vicia ocalensis (Ocala vetch), flower meadow-beauty), Rhexia threat. The combination of exposure and Waldsteinia lobata (lobed barren- salicifolia (panhandle meadow-beauty), some corroborating evidence of how the strawberry), and Xyris longisepala Rhynchospora crinipes (hairy- species is likely impacted could suffice. (Kral’s yellow-eyed grass). One of the peduncled beakbush), Rhynchospora The mere identification of factors that species petitioned, Solidago plumosa thornei (Thorne’s beakbush), Rudbeckia could impact a species negatively may (Yadkin River goldenrod), is already a auriculata (eared coneflower), not be sufficient to compel a finding current Federal candidate species and Rudbeckia heliopsidis (sun-facing that listing may be warranted. The is, therefore, not considered in this coneflower), Salix floridana (Florida information shall contain evidence finding. willow), Sarracenia rubra ssp. wherryi sufficient to suggest that these factors On December 11, 2010, the Service (Wherry’s sweet pitcherplant), may be operative threats that act on the received a second petition from Wild Scuttelaria ocmulgee (Ocmulgee species to the point that the species may South to list Tsuga caroliniana skullcap), Sporobolus teretifolius (wire- meet the definition of endangered or (Carolina hemlock) as endangered under leaved dropseed), Stellaria fontinalis threatened under the Act. the Act and to designate critical habitat. (water stitchwort), Thalictrum debile In making this 90-day finding, we On December 20, 2010, we provided a (southern meadowrue), Trillium evaluated whether information response to the petitioners texanum (Texas trillium), Vicia regarding threats to the 374 species, as acknowledging receipt of the petition ocalensis (Ocala vetch), Waldsteinia presented in the petition and other and identifying it as a supplementary lobata (lobed barren-strawberry), and information available in our files, is petition as Tsuga caroliniana was also Xyris longisepala (Kral’s yellow-eyed substantial, thereby indicating that

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listing any of the species in the Physical Alteration of Aquatic Habitats stream in the Mississippi Alluvial Plain petitioned action may be warranted. Our Impoundment has been channelized, levied, or evaluation of this information is hydrologically altered. Small streams on presented below. Our review of the According to the petition, nearly half private lands are regularly dammed to of the petitioned species are threatened species varied significantly depending create ponds for cattle, for irrigation, for by impoundment, including 83 percent on the amount of information presented recreation, and for fishing, with of the fishes and 67 percent of the in the petition and the amount of significant ecological effects due to the mollusks. Dams modify habitat and sheer abundance of these structures information available in our files. aquatic communities both upstream and Because so little information was (Morse et al. 1997). downstream of the impoundment In Florida and other Southeast States, available in our files for many of these (Winston et al. 1991; Mulholland and impoundment of large coastal tributaries rare, locally endemic species, the Lenat 1992; Soballe et al. 1992). has severely curtailed fish spawning information below summarizes only the Upstream of dams, habitat is flooded runs (Gilbert 1992). Impoundment information in the petition, unless noted and in-channel conditions change from blocks migratory routes of fish and otherwise. flowing to still water, with increased covers spawning habitat with silt (Etnier depth, decreased levels of dissolved Factor A. The Present or Threatened 1997). According to the petitioners, oxygen, and increased sedimentation. dams and the resultant substrate Destruction, Modification, or Sedimentation alters substrate Curtailment of the Species’ Habitat or changes have imperiled conditions by filling in interstitial disproportionately high numbers of Range spaces between rocks, which provide benthic fishes (Warren et al. 1997). The petition states that all species, habitat for many species (Neves et al. Changes in the fish community 1997). Downstream of dams, flow except for one (Oncidium undulatum, jeopardize the survival of mussels regime fluctuates (with resulting Cape Sable orchid) identified in the because mussels are dependent on host fluctuations in water temperature and petition are threatened by the present or fish to successfully reproduce, with dissolved oxygen levels), the substrate is some species of mussels being threatened destruction, modification, or scoured, and downstream tributaries are dependent on specific species of fish curtailment of their habitat or range. eroded (Schuster 1997; Buckner et al. (Bogan 1993, 1996). If the fish species According to the petition, aquatic and 2002). Negative ‘‘tailwater’’ effects on upon which a mussel is dependent to riparian habitats in the Southeast have habitat extend many kilometers host its larvae goes extinct, then the been extensively degraded by direct downstream (Neves et al. 1997). Dams mussel becomes ‘‘functionally extinct,’’ alterations of waterways such as fragment habitat of aquatic species by even when there are surviving long- impoundment, diversion, dredging and blocking corridors for migration and lived individuals (Bogan 1993). channelization, and draining of dispersal, resulting in population Impoundments can also separate mussel wetlands, and by land-use activities isolation and heightened susceptibility populations from host fish populations, such as development, agriculture, to extinction (Neves et al. 1997). Dams resulting in the eventual extinction of logging, and mining (Benz and Collins also preclude aquatic organisms from the mussel species (Bogan 1993, 1996). 1997; Shute et al. 1997). More than one- escaping polluted waters and accidental The loss of mussels can in turn third of the petitioned species have spills (Buckner et al. 2002). negatively affect fish, because some experienced drastic range reductions, As of the early 1990s, there were 144 species of fish use empty mussel shells and up to a 90 percent range loss for major reservoirs in the Southeast, as nest sites (Bennett et al. 2008). many of the petitioned mussels and including 26 in Tennessee, 19 each in The petition claims that Alabama and North Carolina, and 17 in snails (Pyne and Durham 1993; Neves et impoundments are also one of the Kentucky (Soballe et al. 1992). There are al. 1997; NatureServe 2008). According primary reasons for the decline in 36 dams on the mainstem and major to the petition, because many of the crustaceans in the Southeast (Schuster tributaries of the Tennessee River 1997), in aquatic insects (Herrig and aquatic species in the Southeast are very (Neves et al. 1997), resulting in the Shute 2002), and in forest-associated narrow endemics or have experienced a impoundment of more than 20 percent bird species, particularly for species dramatic range reduction, remaining of the Tennessee River and its major with narrow niches and low tolerance to populations are now susceptible to tributaries (Shute et al. 1997). The disturbance (Dickson 2007). extinction from even relatively minor Tennessee and Cumberland River habitat losses (Herrig and Shute 2002). drainages have approximately 70 major Dredging and Channelization The petition asserts that habitat loss dams and reservoirs (Buckner et al. According to the petition, dredging and degradation are driving the decline 2002). Waterways in Alabama have also and channelization are extensively of reptiles, mollusks, and other aquatic been extensively impounded, with 16 employed throughout the Southeast for taxa. Buhlman and Gibbons (1997) major lock and dam structures on six flood control, navigation, sand and found that 36 percent of analyzed rivers, 21 hydroelectric power dams, gravel mining, and conversion of imperiled aquatic reptiles are threatened and over 20 public water supply wetlands into croplands (Neves et al. because of the ‘‘continuing, cumulative impoundments (Buckner et al. 2002). 1997; Herrig and Shute 2002). Many rivers are continually dredged to abuse sustained by river systems,’’ and The Coosa and Tallapoosa Rivers in maintain shipping channels (Abell et al. that at least 22 southeastern reptile taxa Georgia and Alabama have been ranked among the most imperiled rivers in the 2002). Dredging and channelization have declined due to degradation of nation due to damming (Buckner et al. modify and destroy habitat for aquatic rivers and streams. Habitat degradation 2002). species by destabilizing the substrate, and fragmentation is also asserted to be The petition asserts that, in addition increasing erosion and siltation, the primary cause of imperilment for to rivers, damming of streams and removing woody debris, decreasing southeastern mollusks (Neves et al. springs is also extensive throughout the habitat heterogeneity, and stirring up 1997; Lysne et al. 2008); mammals Southeast (Etnier 1997; Morse et al. contaminants that settle onto the (Harvey and Clark 1997); fish (Warren et 1997; Shute et al. 1997). Noss et al. substrate (Hart and Fuller 1974; al. 1997); and plants (Stein et al. 2000). (1995) reports that practically every Williams et al. 1993; Buckner et al.

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2002; Bennett et al. 2008). southeastern aquatic species (Etnier in North Carolina, and nearly 70 percent Channelization can also lead to 1997; Abell et al. 2000; Buckner et al. loss on the Southeastern Coastal Plain headcutting, sedimentation, and actual 2002; Herrig and Shute 2002), and that (Noss et al. 1995). removal of mussels from their beds an increasing threat to southeastern The petition asserts that loss, during dredging operations (Hart and species is the growing practice of degradation, and fragmentation of Fuller 1974; Williams et al. 1993). damming small headwater streams to wetland habitat have negatively affected The petition also claims that dredging supply water for municipalities numerous southeastern freshwater and channelization also threaten (Buckner et al. 2002). Water species, and natural wetland habitats imperiled fish, reptiles, crustaceans, and withdrawals reduce base flows, continue to be lost, placing more species other species. Dredging removes woody decreasing habitat availability for at risk (Dodd 1990; Benz and Collins debris, which provides cover and nest aquatic species, and the reduced water 1997; Semlitsch and Bodie 1998; Herrig locations for fish such as the volume also increases the concentration and Shute 2002). Vegetated permanent frecklebelly madtom (Bennett et al. of pollutants, posing another threat to wetlands are among the most 2008). Flood control projects and species (Abell et al. 2000; Herrig and jeopardized habitats in the Southeast, channel maintenance operations in Shute 2002). with the result that fish families that are Mississippi threaten aquatic species in According to the petition, in addition dependent on these habitats are the Yazoo Basin (Jackson et al. 1993), to rivers and streams, many disproportionately imperiled, such as including the petitioned Yazoo crayfish. southeastern springs have been the pygmy sunfishes (Etnier and Starnes Dredging and channelization are also drastically altered to supply water for 1991; Cubbage and Flather 1993; known to be the primary reason for human uses (Etnier 1997). Spring Dickson and Warren 1994; Warren et al. imperilment of southeastern crustaceans development and diversion can alter 1994). According to petitioners, wetland (Schuster 1997), and to contribute to the flow regime and water quality destruction has also destroyed habitat decline of southeastern turtles parameters, lead to substrate for many bird species (Dickson 1997); (Buhlmann and Gibbons 1997). Many of disturbance and erosion, and alter the aquatic reptile species that depend on the imperiled turtle species, including substance and composition of vegetative standing water habitats (Herrig and the highly imperiled map turtles, are cover with resultant effects on Shute 2002),; and amphibians (LaClaire threatened by the removal of woody freshwater fauna (Shepard 1993; Frest 1997), such as the Gulf Hammock dwarf debris, on which they depend for and Johannes 1995; Frest 2002). An siren (Amphibia Web 2009). Because basking. additional threat to southeastern species many reptile and amphibian is groundwater overdraft (pumpage of populations exist as metapopulations Water Development and Diversion and groundwater in excess of safe yields), that rely on habitat connectivity to Decreased Water Availability which threatens spring flow and species maintain genetic structure and provide According to the petition, in the that are dependent on consistent spring recolonization opportunities in the Southeast, demands for freshwater for flow conditions (Strayer 2006). The event of localized extirpations, habitat electricity production, irrigation, petitioners also assert that the fragmentation and isolation threaten agriculture, and industrial and dewatering of groundwater systems in their regional persistence by cutting off residential development are increasing the Southeast threatens rare species of opportunities for migration and (Herrig and Shute 2002; Hutson et al. isopods, amphipods, fish, crayfish, and dispersal and by magnifying the 2005; Lysne et al. 2008). Limited water amphibians that are dependent on stable likelihood of inbreeding depression and supply is already a source of conflict in spring and cave environments (Herrig reproductive failure due to random Tennessee, Alabama, and Georgia in and Shute 2002). environmental perturbation (Buhlmann particular, where rapidly growing Loss of Wetlands and Gibbons 1997; Semlitsch and Bodie metropolitan areas such as Atlanta, 1998). Birmingham, and Nashville have According to the petition, through the drastically increased the demand for mid-1980s, wetlands were lost in the Land Use Activities That Decrease water for residential and industrial uses Southeast as a rate of over 385,000 acres Watershed Integrity (Buckner et al. 2002). The construction per year (Hefner and Brown 1984). In The petition asserts that southeastern of numerous large Confined Animal Florida alone, more than 9 million acres aquatic species are threatened not only Feeding Operations throughout the of wetlands had been lost by that time by direct physical alteration of Southeast has led to an increased (Cerulean 1991). In Arkansas 6 million waterways, but also by activities in the demand for inter-basin water transfers acres of Mississippi Delta wetlands had watershed that directly or indirectly (Buckner et al. 2002). Increasing been converted to agricultural use by degrade aquatic habitats such as drought due to global climate change is the mid-1980s (Smith et al. 1984). In the residential, commercial, and industrial expected to exacerbate the threat of Lower Mississippi Valley Region, more development; agriculture; logging; limited water availability to aquatic and than one-third of existing wetlands were mining; alteration of natural fire regime; riparian species in southeastern States destroyed from 1950 to 1970 (Mitsch and recreation. Land use activities can (Karl et al. 2009). Water demands to and Gosselink 1986), with over 185,000 alter water chemistry, flow, support gas-fired steam plants for acres of wetlands continuing to be lost temperature, and nutrient and sediment electricity generation have increased in annually through the mid-1980s in this transport, and can interfere with normal the Southeast. These plants require region (Tiner 1984). In Tennessee, up to watershed functioning (Folkerts 1997). millions of gallons of water per day, and 90 percent of upland wetlands on the return only roughly one-fifth of that Highland Rim have been destroyed, as Residential and Industrial Development water back to the waterways, and even have more than 90 percent of and Human Population Growth this water tends to be thermally Appalachian bogs in the Blue Ridge According to the petition, polluted and may be inadequate to meet Province (Pyne and Durham 1993). The development threatens two-thirds of the the dissolved oxygen needs of aquatic destruction of pocosins (evergreen shrub petitioned species. The primary threat species (Buckner et al. 2002). bogs) has been extensive throughout the to the petitioned dragonfly, the purple The petition also asserts that surface Southeast, with greater than 90 percent skimmer, is lakeshore development. The diversion of streams threatens loss in Virginia, nearly 70 percent loss Waccamaw fatmucket, a petitioned

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mussel, is threatened primarily by The construction of roads increases degradation of aquatic and riparian increasing development in its mortality and leads to population habitats through trampling of organisms, watershed. Also, according to the isolation and the disruption of the destruction of vegetation, erosion, and petition, the Carolina pygmy sunfish, metacommunity structure on which the degraded water quality (Wuerthner Chauga crayfish, and many other long-term population persistence of 2007). According to the petitioners, off- petitioned species are also threatened many herptile species depends road vehicle use threatens imperiled primarily by development. (Buhlman and Gibbons 1997). Noise and mussels (Hanlon and Levine 2004) and The human population nearly light from roads and developments can reptiles (Herrig and Shute 2002). doubled in the Southeast between 1970 interfere with behavior patterns and Southeastern aquatic species are also and 2000 (Folkerts 1997). Southeastern disrupt breeding and feeding activities, alleged by the petitioners to be states continued to experience particularly for amphibians (Dodd threatened by other forms of motorized significant human population growth 1997). Amphibian species’ richness is recreation, such as motorized boats and from 2000 to 2007, with the population lower in urbanized areas, as many jet skis, which cause oil and gas of Georgia increasing by 17 percent, species cannot persist in urbanized sites contamination and bank erosion Florida by 14 percent, North Carolina by (Delis 1993; Herrig and Shute 2002). (Buckner et al. 2002). Garber and Burger 13 percent, South Carolina by 10 According to the petition, habitat loss (1995) also document the extirpation of percent, Virginia by 9 percent, and and degradation due to development is a turtle population in a protected area Tennessee by 8 percent (U.S. Census generally permanent and poses an due to occasional poaching. Bureau 2009). Metropolitan areas in the increasing threat to southeastern aquatic Decreased water quality, trampling, or Southeast are among the fastest growing species. Folkerts (1997) reports that other recreational impacts purportedly in the nation (Dodd 1997). particularly in the Southeast, threaten 22 percent of the petitioned Population growth threatens development threatens aquatic species species including the Bigcheek cave biodiversity through an increased more than in other areas due to lax crayfish, Blue Spring hydrobe snail, and demand for food, water, and other enforcement of environmental laws in small-flower meadow-beauty. resources. The strong geographic focus the region. of development around freshwaters Logging concentrates human ecological impacts Recreation The petition asserts that southeastern on freshwater ecosystems more than on According to the petition, the aquatic and riparian species are any other part of the landscape (Strayer increased human population is threatened by the loss of forests and the 2006). Throughout the Southeast, increasing the demand for recreational negative effects of these losses on water increased development is creating water developments and activities. Housing quality and aquatic habitats that result supply problems, stressing available developments, strip malls, and resorts from logging activities and canopy water resources, and polluting aquatic are being constructed in very rural removal. The Southeast now supplies habitats (Seager et al. 2009). Global areas, and small towns are now nearly 70 percent of the nation’s pulp climate change is expected to lead to burgeoning in previously undeveloped and paper products (Buckner et al. fluctuating water supplies in the areas in the Southeast including, the 2002). According to Folkerts (1997), the Southeast, and in conjunction with Knoxville-Chattanooga suburban rate of deforestation in the Southeast at increasing human demand for corridor, on the Cumberland Plateau, in that time exceeded that of any tropical freshwater, to place many aquatic at the Cahaba River headwaters outside area of comparable size. The Tennessee, heightened risk of extinction (Karl et al. Birmingham, and in the Mobile-Tensaw Cumberland, and Mobile basins have 2009). Delta (Buckner et al. 2002). Many experienced a drastic increase in large The petition asserts that urbanization rapidly developing small communities clearcutting operations and chip mills, and residential, commercial, and are constructing dams on headwater with 1.2 million acres of forest being cut industrial development threaten aquatic streams, often in areas that were annually to supply 150 regional chip species in both direct and indirect ways. recently remote and inaccessible, with mills, two-thirds of which have been Habitat is directly lost and fragmented resultant impacts on aquatic species built since the 1980s (Buckner et al. through land conversion and through (Buckner et al. 2002). The development 2002). In the area surrounding Great water withdrawal and diversion (Benz of housing and recreational facilities on Smoky Mountain National Park, the rate and Collins 1997). Predation increases lakeshores and in riparian areas results of logging doubled from 1980 to 1990 as populations of pets and synanthropic in the degradation of water quality and (Folkerts 1997). Of the 70 million acres species ecologically associated with aquatic habitat (Tennessen 1997). For of longleaf pine forest which once humans increase (Marzluff et al. 2001). example, Morse et al. (1997) report the covered over 40 percent of the Point-source pollution from industry loss of rare stonefly species in a stream Southeastern Coastal Plain, only 1 to 2 and runoff from parking lots, roofs, in North Carolina following the percent remains, and the remnant roads, and lawns degrade water quality development of summer homes. acreage is fragmented and ‘‘poorly- and have lethal and sub-lethal effects on The petition asserts that recreational managed’’ (Noss et al. 1995; Dodd aquatic species. Urban runoff is developments and activities threaten 1997). Clearcutting on the Coastal Plain associated with declines in aquatic species by fostering air and has affected ‘‘virtually every aquatic macroinvertebrate diversity and with water pollution, litter, and potentially habitat in the area’’ (Folkerts 1997). decreased mussel growth rates, and high densities of recreationists (Houston According to the petition, logging has urban land use classes are associated 1971; White and Bratton 1980). many direct and indirect negative with impairment of fish and Recreation can cause trampling of effects on aquatic biota across taxa. macroinvertebrate communities (Soucek organisms and vegetation (Little 1975). Erosion from poor forestry practices et al. 2003; Carlisle et al. 2008). Local habitat changes caused by degrades water quality (Williams et al. Amphibians and reptiles are trampling include simplification of 1993). Increased sedimentation from particularly threatened by development. vegetation and soil compaction, which logging can suffocate aquatic snails and Siltation and leachate from road runoff can result in overall loss of habitat their eggs, preclude their ability to feed, can be lethal to larval amphibians and diversity (Speht 1973; Liddle 1975). Off- and extirpate populations (Frest and other aquatic organisms (Dodd 1997). road vehicle use can lead to severe Johannes 1993). Increased

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sedimentation is also harmful to through erosion, sedimentation, and sewage) of waterways, toxic blooms of freshwater mussels (Neves et al. 1997). chemical and nutrient pollution from algae and dinoflagellates, and endocrine Clearcutting and conversion of point and non-point sources (Patrick disruption in downstream wildlife deciduous forests to pine plantations 1992; Morse et al. 1997; Neves et al. (Mallin and Cahoon 2002; Orlando et al. increases sedimentation and reduces the 1997; Herrig and Shute 2002). 2004). input of large woody debris and leaf According to the petition, 50 percent Both livestock holding lots and litter into streams, which are necessary of the petitioned species are threatened landscape grazing degrade habitats in to provide microhabitat and food for by conversion of their habitat to aquatic organisms (Morse et al. 1997; agricultural use or by agricultural the Southeast, according to the Herrig and Shute 2002). Clearcutting runoff, including the striated darter, petitioners (Buckner et al. 2002; Herrig can lead to the disappearance of Logan’s agarodes caddisfly, Sevier and Shute 2002). Several southeastern caddisflies and mayflies, with snowfly, and Tennessee clubtail. States produce large amounts of cattle ramifications at higher levels of the food Agricultural land uses have been and horses feeding them via both web (Morse et al. 1997). Amphibian associated with impairment of fish and grazing and holding lots (Buckner et al. diversity and abundance is reduced by macroinvertebrate communities (Herrig 2002; U.S. Census Bureau 2009). clearcutting and the conversion of and Shute 2002), communities of Livestock are generally allowed to wade deciduous forests to pine plantations freshwater mollusks (Williams et al. directly into streams, trampling habitat (Dodd 1997; Herrig and Shute 2002). 1993; Neves et al. 1997), and threats to and resulting in erosion and nutrient Aquatic-breeding amphibians, which imperiled amphibians (Herrig and Shute contamination (Buckner et al. 2002). depend on ephemeral ponds or which 2002). The effects of livestock grazing on are dependent on forested habitats to Many of the petitioned species are stream and riparian ecosystems are well complete their life cycle or both, are allegedly threatened from confined documented and include negative particularly threatened by logging animal feeding operations (CAFOs), effects on water quality and quantity, activities (Dodd 1997). Herbicides used including the Carolina madtom, channel morphology, hydrology, soils, after timber harvests also negatively corpulent hornsnail, and the Neuse instream and streambank vegetation, affect amphibians and other aquatic River waterdog. Confined animal and aquatic and riparian wildlife organisms (Dodd 1997; Herrig and Shute feeding operations and feedlots have (Belsky et al. 1999). According to Frest caused extensive degradation of 2002). (2002), snails and their habitats are southeastern aquatic ecosystems (Neves According to the petition, 51 percent harmed through direct trampling, soil of the petitioned species are threatened et al. 1997; Buckner et al. 2002; Mallin compaction, erosion, water siltation and by logging. Logging is the primary threat and Cahoon 2003). The number of pollution, and drying up of springs and to the newly discovered patch-nosed CAFOs in the Southeast has increased salamander, and to many of the drastically since 1990, as livestock seeps. The petitioners claim that 14 petitioned crayfishes, including the production has undergone extensive percent of the petitioned species are Irons Fork burrowing crayfish, Kisatchie industrialization (Buckner et al. 2002; threatened by grazing, including the painted crayfish, and pristine crayfish. Mallin and Cahoon 2003). Alabama and Virginia stone (stonefly), Barrens darter, The petitioners assert that logging also Arkansas are now the nation’s leading Cherokee clubtail (dragonfly), and many threatens the petitioned dragonflies, poultry producers, with Florida, plants, including the eared coneflower. including Westfall’s clubtail and the Georgia, and Kentucky also among the The petition alleges that aquaculture Ozark emerald. top 10 States for poultry production poses an additional threat to aquatic (U.S. Census Bureau 2009). Poultry Agriculture and Aquaculture species in the Southeast. According to CAFOs are also abundant in North Tucker and Hargreaves (2003), catfish According to the petition, Carolina, Mississippi, and Virginia farming is the largest aquaculture southeastern aquatic species are also (Mallin and Cahoon 2003). There are enterprise in the United States, with 95 threatened by the loss and degradation extensive swine CAFOs in the North percent of production occurring in of habitat due to poor agricultural Carolina Coastal Plain, and North Alabama, Arkansas, Louisiana, and practices. Intensive agriculture began in Carolina is now the nation’s second Mississippi. Similarly, crayfish farming the Southeast in the 1930s, and largest pork producer (Mallin and in Louisiana is the nation’s second agriculture continues to extensively Cahoon 2003; U.S. Census Bureau largest aquaculture enterprise, with over impact southeastern aquatic ecosystems 2009). Confined animal feeding 49,000 hectares of crayfish ponds (Neves et al. 1997). The petitioners operations threaten aquatic species both (Holdich 1993). According to the assert that agriculture in the Southeast because of the vast amounts of fresh petitioners, aquaculture threatens has a tremendous impact on aquatic water necessary to support their habitats both due to the extent of operation and due to pollution (Buckner aquatic habitats through habitat farmland and to farming practices et al. 2002). Confined animal feeding conversion; the withdrawal, diversion, (Buckner et al. 2002; Herrig and Shute operations house thousands of animals or impoundment of natural waterways 2002). In the Tennessee, Cumberland, and produce a large amount of waste, to support operations; and the release of and Mobile River basins, for example, which enters the environment either by effluent to waterbodies (Naylor et al. farms cover nearly half the landscape. being directly discharged into streams 2001). Water quality degradation Throughout the Southeast, fields are or constructed ditches, stored in open threatens southeastern aquatic insect commonly plowed to the edges of lagoons, or applied to fields in wet or populations (Herrig and Shute 2002). waterways, causing sedimentation and dry form (Buckner et al. 2002; Mallin Impoundments and diversions alter bank collapse and facilitating the runoff and Cahoon 2003; Orlando et al. 2004). water chemistry and flow, and can be of fertilizers and pesticides (Buckner et Confined animal feeding operation detrimental to native mollusks and al. 2002). Both traditional farming wastes contain nutrients, fishes (Morse et al. 1997; Neves et al. practices and confined animal feeding pharmaceuticals, and hormones, and 1997). The construction of shrimp farms operations contribute to water quality result in eutrophication (a choking of in wetlands and estuaries also destroys degradation and the imperilment of waters by excessive algae growth which and degrades habitat for native aquatic indigenous biota in the Southeast has been stimulated by fertilizers or species (Hopkins et al. 1995).

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Mining and Oil and Gas Development and leads to less diverse and more threatens 1 beetle (Cobblestone tiger According to the petition, mining for pollution-tolerant species (Naimo 1995; beetle), 2 birds (Florida sandhill crane coal, gravel, limestone, phosphate, iron, Cherry et al. 2001; EPA 2005; Lemly and black rail), 1 butterfly (rare skipper), and other raw materials poses a dire 2009; Pomponio 2009). The petitioners 1 crayfish (Big Blue Springs Cave threat to many aquatic species in the allege that surface coal mining and crayfish), 2 dragonflies (Septima’s Southeast (Dodd 1997; Buckner 2002), associated road building increase clubtail and Appalachian snaketail), 5 and 29 percent of the petitioned species human access to imperiled species, fish (northern cavefish, Carolina pygmy are threatened by mining and oil and which can lead to poaching and sunfish, robust redhorse, orangefin gas development. Extensive strip mining contribute to the spread of invasive madtom, and bluehead shiner), 6 for coal occurs in West Virginia, species (FWS 1996). Surface coal mussels (brook floater, brother spike, Kentucky, Virginia, Tennessee, and mining also causes long-term changes in Suwannee moccasinshell, Tennessee Alabama (Dodd 1997). As of 2004, more land use and local ecology, and clubshell, warrior pigtoe, and pyramid threatens the long-term viability of than 1.1 million acres of land in pigtoe), 11 reptiles (Kirtland’s snake, populations due to habitat Appalachia were undergoing active western chicken turtle, Florida Keys fragmentation (FWS 1996). mole skink, Barbour’s map turtle, mining operations (Loveland et al. The petition alleges that coal mining 2003), and the EPA projects that from Escambia map turtle, Pascagoula map negatively impacts diatoms (a major turtle, black-knobbed map turtle, 1992 to 2013, 761,000 acres of group of algae) and macroinvertebrates Appalachian forest will be lost to Alabama map turtle, striped mud (Serveiss 2001; Locke et al. 2006; turtle—lower Florida Keys, Florida red- surface coal mining (Pomponio 2009). Carlisle et al. 2008; Pond et al. 2008), Up to 23 percent of the land area of bellied turtle—Florida panhandle, and amphibian diversity and abundance northern red-bellied cooter), and 7 some counties in Kentucky and West (EPA 2005; Wood 2009; Palmer and Virginia has been permitted for surface vascular plants (Baptisia megacarpa, Bernhardt 2009), and the index of fish Epidendrum strobiliferum, coal mining (U.S. Government biotic integrity (Diamond and Serveiss Accountability Office 2009). Mining Hymenocallis henryae, Illicium 2001). The petition states that coal parviflorum, Lilium iridollae, Oncidium increases the potential for extreme mining is also reported to cause flooding events, and reclamation does undulatum, and Sarracenia purpurea reproductive failure in riparian birds var. montana). not restore pre-mining hydrologic (Lemly 1985; Ohlendorf 1989). characteristics or ecological functions According to the petition, other forms The petition alleges overutilization is (Townsend et al. 2009). of mining and oil and gas development the primary threat for the hellbender Mining often occurs directly through are also causing severe degradation of salamander, which is commonly killed streams or ponds, and mine wastes are aquatic habitats: In-stream gravel by fishermen. Collection for the pet pushed directly into streams and rivers mining and rock removal fragment and trade threatens a few of the petitioned (Dodd 1997; EPA 2005). From 1992 to destroy habitat for aquatic insects, fishes, crayfishes, and amphibians. 2002, more than 1,200 miles of crayfish, mussels, and fish (Buckner et Historical overuse greatly threatened Appalachian streams were buried or al. 2002); and sand and gravel mining many of the petitioned mussels, fishes, degraded by mountaintop removal coal have been associated with both on- and and the Florida sandhill crane. mining (EPA 2005). This figure does not off-site mussel extirpation (Hartfield Throughout the Southeast, reptiles are incorporate the thousands of miles of 1993), and with decreased downstream exploited for use as pets or food, or are downstream reaches that have been mussel growth rates (Yokley 1976). The killed for recreational purposes, which substantially degraded by sedimentation petitioners allege that many species are may all cause significant population and chemical pollution from coal threatened by sand and gravel mining, declines. The petitioners allege that mining (Palmer and Bernhardt 2009; including the cobblestone tiger beetle, many southeastern turtle species, such Pomponio 2009; Palmer et al. 2010). bluestripe darter, hellbender as the Florida red-bellied turtle, According to the petitioners, in the (salamander), and many mussels and Pascagoula map turtle, Barbour’s map Clinch and Powell watersheds of snails. Historic phosphate and iron turtle, and black-knobbed map turtle, southwestern Virginia, where the mines resulted in precipitous declines are threatened by over-collection highest concentration of imperiled in mussel populations (Ortmann 1924). because they are commonly harvested species in the continental United States Mining of industrial minerals such as for food, the pet trade, or recreation. occurs (Stein et al. 2000), there were 287 kaolin, mica, and feldspar also results in Several southeastern turtle species are active coal-mining point source loss and degradation of habitat for being driven to extinction by discharges as of 2002 (Diamond et al. aquatic species (Tennessee Valley unregulated commercial harvest. The 2002), which are degrading habitat for Authority 1971; EPA 1977; Duda and petition alleges that the States of imperiled species (Ahlstedt et al. 2005). Penrose 1980). The petition alleges that Arkansas, Kentucky, Georgia, Louisiana, The petitioners allege that 30 of the kaolin mining threatens the petitioned and Tennessee allow unlimited harvest petitioned species are specifically mussel, the Alabama spike, and the of freshwater turtles. The international threatened by mountaintop removal. petitioned fish, the robust redhorse, and trade in turtles for use as food, as pets, Coal mining negatively impacts that oil and gas development threatens or in traditional medicine is extensive aquatic species through direct habitat many of the petitioned mussels. and largely unregulated (Buhlman and destruction, decreased water Gibbons 1997; Sarma 1999). Records availability, variations in flow and Factor B. Overutilization for indicate that the trade in live turtles thermal gradients, and chronic and Commercial, Recreational, Scientific, or from the United States to China is acute pollution of surface and ground Educational Purposes thousands of tons per year. The water (FWS 1996; Neves et al. 1997; The petition stated that all 15 Tennessee Wildlife Resources Agency Houp 1993; Pond et al. 2008; Palmer amphibians petitioned (13 of which are reports that more than 25,000 turtles and Bernhardt 2009; Pomponio 2009; subjects of this finding) were threatened were reported as harvested in Tennessee Wood 2009; Palmer et al. 2010). by overutilization for commercial, from 2006 to 2007. Overutilization of Pollution from mining adversely recreational, scientific, or educational imperiled turtle species is especially impacts invertebrates and vertebrates, purposes; in addition this factor problematic because the reproductive

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success of long-lived reptile species is are vulnerable to overutilization. the spread of disease (Kiesecker et al. dependent on high adult survivorship, Crayfishes are threatened by collection 2004). Numerous diseases are and population declines occur when for use as bait or food (Herrig and Shute contributing to amphibian declines, adults are harvested (Brooks et al. 1991; 2002). The Carolina pygmy sunfish including infections of fungi Heppell 1998; Pough et al. 1998; (Elassoma boelhkei) is threatened by (Batrachochytrium dendrobatidis Congdon et al. 1993, 1994). over-collection for the pet trade ‘‘chytrid’’; Saprolegnia), ranavirises, Over-collection and recreational (NatureServe 2008). Collection of iridovirises, mesomycetozoea, protozoa, killing are also a threat to some invertebrates for bait or the pet trade can helminthes, and undescribed diseases southeastern snake and lizard species deplete populations (Strayer 2006). (Dodd 1997; Daszak et al. 1999; Briggs (Gibbons et al. 2000; Herrig and Shute Collection also threatens the rare et al. 2005; Davis et al. 2007; Peterson 2002). The Kirtland’s snake, and the skipper (Problema bulenta) et al. 2007). Chytrid fungus affects not Florida Keys mole skink are all (NatureServe 2008). White et al. (2002) only frogs but has also now been threatened by over collection documented the removal of an entire reported in both aquatic and terrestrial (NatureServe 2008). population of Panhandle lily (Lilium salamanders (Davidson et al. 2003; The petition alleges that southeastern iridollae) from the Conecuh National Cummer et al. 2005; Padgett-Flohr and mussels are also threatened by Forest by horticultural collectors. Longcore 2007). The decline of map overutilization, although to a lesser The petition alleges that the impacts turtles, musk turtles, snapping turtles, extent than in the past (Neves et al. of overutilization compound the threats and pond turtles is partially attributable 1997). The harvest of southeastern facing imperiled southeastern species to disease (Dodd 1988; Buhlmann and mussels for commercial purposes is well whose populations have already been Gibbons 1997). Southeastern freshwater documented (Anthony and Downing reduced due to habitat loss or other fishes are also threatened by diseases, 2001; Williams et al. 2008). Mussels are factors. Overutilization may drive which are being spread by aquaculture collected for their pearls, meat, and species that are already struggling to operations and in shipments between shells, and many populations of mussels survive to extinction. fish hatcheries (Kautsky et al. 2000; have been depleted by harvest in the Factor C. Disease or Predation Naylor et al. 2001; Strayer 2006; Green last 200 years (Strayer 2006). Although and Dodd 2007). mussel fisheries targeted abundant The petition stated that disease or The petition alleges that other threats species, the historical bycatch of rare predation threatened 11 amphibians exacerbate the vulnerability of species was likely substantial (Strayer addressed in this finding (streamside southeastern aquatic fauna to disease 2006). Mussel collections declined by salamander, one-toed amphiuma, and population decline. The hellbender, mid-century, but a resurgence in the hellbender, Cumberland dusky which is threatened by both habitat loss commercial harvest has occurred since salamander, seepage salamander, and overuse, is also threatened by the 1960s to supply nucleus seeds for Chamberlain’s dwarf salamander, disease. Reptile declines have also been the cultured pearl trade (Ward 1985; Oklahoma salamander, Tennessee cave attributed to disease (Diemer Berish et Williams et al. 1993). In 1991 and 1992, salamander, West Virginia Spring al. 2000; Gibbons et al. 2000). In 570 tons of shells were harvested from salamander, Georgia blind salamander, freshwater fishes, stress-related diseases the Wheeler Reservoir on the Tennessee and Neuse River waterdog), 3 birds are prevalent in polluted rivers, where River (Williams et al. 2008). Most (MacGillivray’s seaside sparrow, Florida chronic, sub-lethal pollution has harvested mussels are common species, sandhill crane, and black rail), 8 fish increased the susceptibility of but bycatch remains a threat to native (Carolina pygmy sunfish, candy darter, organisms to infection (Moyle and Leidy mussels. paleback darter, Shawnee darter, 1992). Imperiled native mussels are Barrens topminnow, robust redhorse, threatened not only by the amount of Carolina madtom, and bluehead shiner), Predation harvest, but also by the method used to 1 mammal (Sherman’s short-tailed According to the petition, predation collect shells, which when conducted shrew), 6 mussels (Tennessee threatens several of the petitioned non-selectively, can result in substantial heelsplitter, Cumberland moccasinshell, species, including reptiles, amphibians, bycatch of non-target species and Tennessee clubshell, Tennessee pigtoe, birds, plants, fishes, crayfishes, and juveniles (Williams et al. 1993). purple lilliput, and Savannah lilliput), 6 mollusks. Heavy predation of turtle Although unwanted mussels are thrown reptiles (Kirtland’s snake, Barbour’s nests by raccoons can be a primary back, Sickel (1989) found that mortality map turtle, Escambia map turtle, factor limiting recruitment of imperiled of undersized mussels that are thrown Pascagoula map turtle, Florida red- turtle populations (Browne and Hecnar back may be as high as 50 percent. Very bellied turtle, and northern red-bellied 2007). At least two of the petitioned bird rare species of mussels are also cooter), and 6 vascular plants (Lilium species are threatened by predation. threatened by over-collection from shell iridollae (Panhandle lily), Najas filifolia MacGillivray’s seaside sparrow is collectors and biologists for biological (narrowleaf naiad), Rudbeckia threatened by predation from rice rats collections. Overutilization for auriculata (eared coneflower), (Post and Greenlaw 1994). The black rail biological collections may have Schoenoplectus hallii (Hall’s bulrush), is threatened from predation from contributed significantly to the decline Sideroxylon thornei (swamp buckhorn various species during high tides, when of the Suwannee moccasinshell or Georgia bully), Tsuga caroliniana the rails are forced away from cover (NatureServe 2008). (Carolina hemlock)). (Evans and Page 1986). Two of the Other southeastern taxa are also petitioned plant species are threatened threatened by overexploitation, Disease by predation. Hall’s bulrush is including fish, amphibians, crayfish, According to the petition, the spread threatened by predation from mute butterflies, and plants. Amphibians are of disease has contributed to the decline swans and Canada geese (McKenzie et threatened by over-collection for use as of aquatic species globally and in the al. 2007). The Panhandle lily is food, for the pet trade, and for the southeastern United States (Daszak et al. threatened by predation from cattle biological and medicinal supply 1999; Corser 2000; Gibbons et al. 2000; grazing and potentially by insect markets (Dodd 1997; Amphibia Web Cunningham et al. 2003). Amphibians, herbivory (Barrows 1989). Southeastern 2009). Southeastern fish and crayfishes in particular, have been decimated by fishes, amphibians, and crayfishes are

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threatened by predation from native and States regulate point sources of their life cycles, and wetland protection nonnative fishes and crayfishes pollution under the National Pollution criteria do not protect the upland (NatureServe 2008). The streamside Discharge Elimination System (NPDES), habitats these species need to survive salamander is threatened by predation under which point sources are licensed (Dodd 1997). from fish, flatworms, and water snakes and maximum pollutant discharge The petition alleges that the Surface (Petranka 1983; AmphibiaWeb 2009). concentrations are set. The NPDES Mining Control and Reclamation Act of Predation can contribute heavily to the system is not adequate to protect the 1977 (SMCRA) (30 U.S.C. 1201 et seq.) decline of imperiled mussels because of petitioned species from the negative does not adequately protect aquatic their restricted distributions and small effects of pollution because permits may species due to increased demands for population sizes (NatureServe 2008, be issued with few restrictions, coal, lax enforcement of environmental Rock pocketbook species account). cumulative effects of all the point laws, and deference to economic Imperiled southeastern mussels are sources within a watershed are not development over species’ protection. threatened by predation from fishes, taken into consideration when permits Sedimentation from active mines is a muskrats, raccoons, otter, mink, turtles, are issued, and State governments often primary contributor to the decline of and some birds (Neves and Odom 1989; lack the resources or political will to mollusks due to water quality Parmalee 1967; Snyder and Snyder monitor and enforce permits (Buckner et degradation, shell erosion, and 1969). A number of fish species, al. 2002). reproductive failure (Anderson 1989; including catfishes (Ictalurus ssp. and The petition claims that existing Houp 1993; Neves et al. 1993). Amieurus ssp.) and freshwater drum regulations are also inadequate to Reclamation required under SMCRA is (Aplodinotus grunniens) consume large protect aquatic species from non-point not rigorously enforced (Ward 2009), numbers of unionid mussels at certain sources of pollution such as and even when reclamation is life stages (NatureServe 2008). As agricultural, residential, and urban conducted, it has not resulted in the populations of imperiled mussels runoff. Agricultural runoff accounts for restoration of pre-mining hydrologic continue to decline, predation becomes over 70 percent of impaired U.S. river characteristics or ecological functions an increasing threat. For example, the kilometers, yet is largely exempt from (Townsend et al. 2009). only viable population of the Savannah permitting requirements (Neves et al. The petition alleges that management lilliput in North Carolina is threatened 1997). Existing regulatory mechanisms of National Wildlife Refuges, National by predation from raccoons (Hanlon and are also inadequate to protect Recreation Areas, National Forests, and Levine 2004). According to the petition, southeastern aquatic species from Wild and Scenic Rivers fails to the petitioned fish, Barrens topminnow, accidental spills from retention ponds, adequately protect the petitioned is threatened by predation from which are used to store wastes from species for a variety of reasons, introduced mosquitofish. agriculture, coal-fired power plants, coal including lack of fiscal resources, Disease and predation, alone and in mining, and other activities (Herrig and threats from climate change, invasive conjunction with other factors, pose Shute 2002), and to prevent the species, recreation, poaching, and serious threats to the survival of many continued loss of stream and wetland conflicting resource mandates (such as of the petitioned species and are habitat from fills. In Appalachia, from timber production and recreation). magnified by other environmental 1992 to 2002, the EPA permitted the Inadequacy of Existing State Regulatory stressors such as habitat loss, pollution, filling of more than 1,200 miles of Mechanisms invasive species, and climate change headwater streams for surface coal (Gibbons et al. 2000; Pounds et al. mining activities (EPA 2005). The According to the petition, some of the 2006). permitted filling of streams for surface petitioned species are listed as coal mining is causing permanent endangered or threatened by State fish, Factor D. The Inadequacy of Existing downstream pollution and loss of wildlife, and game departments, but Regulatory Mechanisms biodiversity (Neves et al. 1997; Pond et State endangered and threatened species The petition states that inadequate al. 2008; Pomponio 2009; Wood 2009; designations generally do not provide regulatory mechanisms threaten all the Palmer et al. 2010). species with meaningful regulatory petitioned species, with the following The permitted filling of wetlands is protections or with any habitat five exceptions: Linda’s roadside- also ongoing. While section 404 of the protection. Many of the species skipper, least crayfish, Broad River CWA sets as a goal no net loss of petitioned are classified as Species of spiny crayfish, Chowanoke crayfish, and wetlands, this is not a required outcome Conservation Priority or Species of Tallapoosa orb. of permit decisions (Connolly et al. Greatest Conservation Need under State 2005). In fiscal year 2003, the U.S. Army Wildlife Action Plans or Wildlife Inadequacy of Existing Federal Corps of Engineers issued 4,035 permits Conservation Strategies. These Regulatory Mechanisms for the destruction of natural wetlands, documents provide a framework for According to the petition, the Federal while denying only 299 permits conservation, but are not regulatory Clean Water Act (CWA) (33 U.S.C. 1251 (Connolly et al. 2005). Lost wetlands are documents and do not contain et seq.) provides a basic level of water required to be replaced by mitigation mandatory or enforceable provisions to quality protection for imperiled wetlands, but mitigation wetlands often protect species or their habitats. Further, southeastern species, but is inadequate differ in structure, function, and the implementation of conservation to ensure their continued survival. community composition from the strategies is dependent on the Pollution from point and non-point natural wetlands that are destroyed cooperation of resource managers and sources is causing ongoing degradation (Holland et al. 1995). Mitigation stakeholders, making their of water quality, current water quality requirements are also not strictly implementation and effectiveness standards are not effectively protecting enforced. Mitigation is rarely effective uncertain. sensitive species or sensitive in preserving biodiversity (Cabbage et State conservation priorities and developmental stages of species, and al. 1993; Water Environment Federation initiatives are also sharply limited by loss of stream and wetland habitat 1993). Many species of amphibians, funding, with charismatic and game continues. The Environmental reptiles, and insects require both species generally receiving the majority Protection Agency (EPA) and individual wetland and upland habitat to complete of resources, and the focus generally

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being on vertebrates, which makes these caddisflies (Morse’s little plain brown respiration. Sedimentation blocks light priorities and initiatives inadequate to sedge and setose cream and brown penetration, which interferes with protect imperiled invertebrate species. mottled microcaddisfly), 43 of 83 feeding for species like minnows and Additionally, some States have crayfish, 3 dragonflies (Cherokee darters, which feed by sight (Etnier and regulations to protect some wildlife clubtail, Septima’s clubtail, Starnes 1993). For species that feed by from direct take, but these regulations Appalachian snaketail), 43 of 47 fish, 3 flipping over rocks and consuming the are not comprehensive, are generally mammals (Pine Island oryzomys or disturbed insects, sedimentation poorly enforced, and are not adequate to marsh rice rat, Sanibel Island oryzomys increases the embeddedness of rocks, protect wildlife from other threats (FWS or marsh rice rat, insular cotton rat), 1 making them more difficult to move and 1997). moth (Louisiana eyed silkmoth), 35 of decreasing habitat suitability for aquatic 48 mussels, 3 non-vascular plants invertebrate prey (Etnier and Starnes Other Regulatory Mechanisms and (Fissidens appalachensis (Appalachian 1993). Sedimentation also interferes Protections fissidens moss), Fissidens hallii (Hall’s with feeding behavior for nocturnal According to the petition, the pocket moss), and Phaeophyscia leana feeders like catfish and imperiled Convention on International Trade in (Lea’s bog lichen)), 9 reptiles (Kirtland’s madtoms, which catch aquatic insects Endangered Species of Wild Fauna and snake, western chicken turtle, Florida by relying on the sensitivity of their Flora (CITES) conveys some degree of Keys mole skink, Escambia map turtle, barbells and on chemoreceptors, both of protection to a few of the petitioned Pascagoula map turtle, black-knobbed which are negatively affected by species listed under it, but it is map turtle, Alabama map turtle, striped sedimentation (Todd 1973; Buckner et inadequate to ensure their continued mud turtle, northern red-bellied cooter), al. 2002). Benthic species require survival. For example, highly sought- 27 of 44 snails, 1 stonefly (Smokies specific substrate conditions for after species such as rare map turtles are needlefly), and 31 of 76 vascular plants. spawning, feeding, and cover, all of threatened by the international pet trade which are degraded by sedimentation Pollution despite being protected under CITES (Etnier and Starnes 1993; Warren et al. (NatureServe 2008). Likewise, habitat According to the petition, pollution 1997). When sedimentation fills in the preserves alone are insufficient to threatens two-thirds of the petitioned crevices between and beneath rocks, it protect imperiled species. While habitat species, including 81 percent of the decreases the availability of cover for protection is an essential component of wildlife. Southeastern waterways are resting and predator evasion (Herrig and species’ preservation, threats from a degraded by point and non-point source Shute 2002). Madtoms, darters, suckers, host of other factors, including climate pollution from a variety of sources and some minnows deposit their eggs change, poaching, pollution, and genetic including agriculture, forestry, urban on or near the substrate, and isolation due to lack of habitat and suburban development, coal sedimentation interferes with their connectivity, influence habitat mining, and coal combustion wastes. reproduction both by decreasing habitat conditions and the success of the Non-point source pollution, or runoff, is suitability and by directly smothering preservation efforts. difficult to document, but its impact on eggs. Benthic fishes are also negatively aquatic species is both pervasive and Land Ownership Patterns affected by toxins stored in sediments persistent (Schuster 1997). Non-point (Reice and Wohlenberg 1993). The majority of land in the Southeast source pollution is the most common Ultimately, excessive sedimentation can is privately owned. Private land use is factor adversely impacting the nation’s eliminate fish species from an area by either not regulated or only loosely fish communities, with more than 80 rendering their habitat unsuitable (FWS regulated throughout much of the region percent of fish negatively affected (Judy 2000). (Buckner et al. 2002). According to the et al. 1982). Both non-point and point Similarly, excessive sedimentation petition, most southeastern forests are in source pollution are pushing has strong, persistent, negative effects private ownership, and forestry best southeastern aquatic species towards on freshwater invertebrates (Strayer management practices to control erosion extinction by carrying sediments, 2006). Siltation is one of the primary and protect aquatic resources are not contaminants, nutrients, and other factors implicated in the decline of mandated or voluntarily followed in the pollutants into waterways. freshwater mollusks (Williams et al. majority of southeastern forests. In 1993). Suspended sediments have both Sedimentation, Contamination, and addition, extensive clearcutting and direct and indirect negative effects on Nutrient Loading poor logging practices threaten aquatic mollusks. Sedimentation clogs the gills resources due to sedimentation, The petition alleges sedimentation is of mollusks and can cause suffocation landslides, and degraded water quality one of the primary causes of habitat (FWS 2000). Sedimentation reduces (Buckner et al. 2002). degradation in southeastern waterways feeding efficiency both by interfering (Neves et al. 1997). Sedimentation and with respiration of filter feeders and by Factor E. Other Natural or Manmade siltation result from a variety of coating algae, which snails scrape from Factors Affecting the Species’ Continued activities including agriculture, forestry, rocks (FWS 2000). Decreased visibility Existence development, and mining, with silt due to sedimentation can interfere with The petition states that other natural reaching the waterways during both mussel reproduction by making it or manmade factors, including ground-disturbing activities and storm difficult for host fishes to detect pollution, global climate change, events (FWS 2000). Suspended glochidia (Neves et al. 1997). drought, invasive species, and synergies sediments threaten the entire aquatic Sedimentation also reduces substrate between multiple threats, threatened 13 community, from fish to invertebrates to suitability (Herrig and Shute 2002). of 15 amphibians, 1 amphipod birds. The petition also alleges that aquatic (tidewater amphipod), 1 beetle (Avernus In the Southeast, sedimentation is insects are threatened by excessive cave beetle), 3 birds (MacGillivray’s responsible for nearly 40 percent of fish sediment levels. Stoneflies (Plecoptera) seaside sparrow, Florida sandhill crane, imperilment problems (Etnier 1997). It and mayflies (Ephemeroptera) are and black rail), 4 butterflies (Linda’s both directly and indirectly adversely intolerant of siltation and disappear roadside-skipper, Duke’s skipper, affects fish. Suspended sediments cut from impacted streams (Morse et al. Palatka skipper, and rare skipper), 2 and clog gills and interfere with 1997). Increased siltation impacts the

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ability of dragonflies and damselflies to levels are disproportionately threatened 2000). Bioaccumulation of contaminants survive (Morse et al. 1997). Caddisflies, by contaminants that become has contributed to the decline of map which require spaces among rocks for concentrated if there is a reduction in turtles, musk turtles, snapping turtles, shelter and stable surfaces for grazing, the volume of springflow (Herrig and and pond turtles (Buhlmann and are also negatively impacted by siltation Shute 2002). Chemoreception in blind Gibbons 1997). (Morse et al. 1997). Sedimentation and cave fishes can be disrupted by The petition alleges that nutrient other pollutants from mountaintop- contaminants from surface aquifer loading also threatens southeastern removal coal mining operations are recharge areas (Herrig and Shute 2002). aquatic species. Excessive nitrates and extirpating aquatic macroinvertebrate Chronic low-level exposure to phosphates entering waterways from communities. In some streams that contaminants may be preventing the point and non-point sources can lead to drain mountaintop-removal operations, recovery of imperiled species of algal blooms, eutrophication, and entire orders of Plecoptera and mollusks (FWS 1997). Juvenile mussels depleted dissolved oxygen, which can Ephemeroptera have been extirpated are sensitive to heavy metals and other be lethal to aquatic organisms (Mallin (Wood 2009). Sedimentation is also pollutants (Naimo 1995; Neves et al. and Cahoon 2003). Some algal blooms negatively impacting rare ground-water 1997). Amphibians are particularly are toxic and can cause direct mortality. inhabiting species of isopods and sensitive to contaminants as all life The toxic dinoflagellates (Pfiesteria amphipods (Herrig and Shute 2002). stages are sensitive to toxins piscicida and P. shumwayae) have According to the petition, in addition (AmphibiaWeb 2009). Many substances bloomed downstream of CAFOs in the to sediments, contaminants such as can be toxic to amphibians including Neuse, New, and Pamlico River heavy metals, pesticides, and persistent heavy metals, pesticides, phenols, estuaries in North Carolina (Mallin and organic pollutants threaten aquatic fertilizers, road salt, mining waste, and Cahoon 2003). Even at sub-lethal levels, species. In a nationwide assessment of chemicals in runoff (Dodd 1997). nutrient loading threatens aquatic streambed sediment contaminants, the Changes in pH can adversely affect species via many mechanisms. For EPA found that 43 percent of sediments amphibian eggs and larvae, and can example, excessive phosphate levels, are probably associated with harmful inhibit growth and feeding in adults especially in combination with the effects on aquatic life or human health, (Dodd 1997). Amphibians are herbicide atrazine, have been shown to and that 6 to 10 percent of streambed threatened by accidental and intentional increase nematode infections in sediment is sufficiently contaminated to pesticide treatments. amphibians, leading to amphibian cause significant lethality to benthic deformities (Johnson and Sutherland organisms (EPA 2004b). Southeastern Contaminants negatively impact 2003; Rohr et al. 2008). rivers are laden with a variety of toxic aquatic species at the level of Sources of Nutrients, Contaminants, chemicals, with the lower Mississippi individuals, populations, and species. Sediments, and Other Pollutants River receiving contaminants from half Fish, turtles, and other aquatic animals the continent (Folkerts 1997). assimilate pesticides, heavy metals, and The petition claims that agriculture, Contaminants have both lethal and sub- other persistent pollutants into their forestry, urban and industrial lethal negative effects on aquatic species tissues (Buhlman and Gibbons 1997; de development, coal mining and and may interfere with immunity, Solla and Fernie 2004). Animals at processing, and coal combustion all growth, and reproduction (Colborn et al. higher levels of the food chain can contribute to nutrient loading, 1993; Gibbons et al. 2000). Selenium accumulate considerable levels of contaminants, sediments, and other contamination from surface coal mining toxins. Significant concentrations of pollutants that make their way into is causing teratogenic (developmental numerous contaminants have been southeastern waterways. In the malformations) deformities in larval fish detected in southeastern freshwater Southeast, agricultural fields are (Palmer et al. 2010). The negative effects turtles including pesticides such as: commonly plowed to the edge of rivers of many contaminants will persist for aldrin, chlordane, and streams, which results in erosion centuries (Folkerts 1997). dichlorodiphenyltrichloroethane (DDT), and stream bank collapse and deposits Aquatic species are threatened both dieldrin, endrin, mirex, nonachlor, and tons of soil into waterways annually. by chronic low-level contaminant toxaphene; and metals such as: Agricultural runoff carries sediment, pollution and acute exposure from Aluminum, barium, cadmium, pesticides, fertilizers, animal wastes, accidental spills. For example, in 2009, chromium, cobalt, copper, iron, lead, pathogens, salts, and petroleum a wastewater spill from a coal mine on mercury, molybdenum, nickel, particles into waterways. the West Virginia-Pennsylvania border strontium, and zinc (Meyers-Scho¨ne and The petition claims that atrazine is killed all the fish, salamanders, and Walton 1994). Contaminant exposure the most commonly detected pesticide mussels in 35 miles of 38-mile-long can disrupt normal endocrine in U.S. waters and is pervasively found Dunkard Creek (Hopey 2009). Endemic functioning, threatening reproduction in surface waters of the southern States, species are particularly at high risk from and survival (Colborn et al. 1993). with the chemical being detected in accidental spills. Because many aquatic Turtles exposed to polychlorinated every watershed sampled (EPA 2007; species exist only in small, isolated biphenyls (PCBs) have exhibited sex Wu et al. 2009). According to the populations, a single spill event could reversal and abnormal gonadal petition, concentrations of atrazine in drive a species to extinction. development, and alligators exposed to various southeastern waterways exceed The petition alleges that contaminants various contaminants have shown levels harmful to non-vascular plants threaten all taxa of aquatic species. altered testosterone levels and gonadal and aquatic biota (U.S. EPA 2007; Wu Declines in many fish species are abnormalities (Guillette et al. 1994, et al. 2009). The toxic and endocrine- attributed to chronic, sub-lethal 1995). Water snakes in wetlands that disrupting effects of atrazine are well pollution, which causes reduced have been contaminated with coal ash established (Wu et al. 2009) and include growth, reduced reproductive success, exhibit altered metabolic activity detrimental reproductive effects. and increased risk of death from stress- (Hopkins et al. 1999). Endocrine According to the petition, animal related diseases (Moyle and Leidy disruption caused by contaminants can holding lots and CAFOs produce animal 1992). Cave fishes and other species that lead to demographic shifts in aquatic wastes that may be discharged directly are directly dependent on groundwater reptile populations (Gibbons et al. into streams applied to agricultural

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fields, or stored in lagoons (Buckner et organisms and their habitats, including and stoneflies (Morse et al. 1997). The al. 2002). These wastes contain petroleum particles, highway salts, silt, petition claims that several of the enormous amounts of nitrogen and fertilizers, pesticides, surfactants, and petitioned insects, including the phosphorus, and these nutrients enter pet wastes (Neves et al. 1997; Buckner Smokies snowfly and Smokies the environment and contribute to the et al. 2002). needlefly, are threatened by acid eutrophication of waterbodies via The petition states that coal mining deposition. Acidity in aquatic habitats runoff, via volatilization of ammonia, or and processing are a major source of can also result in direct amphibian by percolating into groundwater (Mallin pollution in West Virginia, Kentucky, mortality, and plays a major role in and Cahoon 2003). Extreme weather Tennessee, Virginia, Alabama, and limiting amphibian distribution (Dodd events, lax management, and lagoon Georgia. Contaminants from coal mining 1997). ruptures have led to acute pollution and processing include sediments, Coal combustion also releases events from CAFOs, which have metals, hydraulic fluids, frothing agents, mercury into the environment. resulted in fish kills and algal blooms modifying reagents, pH regulators, Atmospheric deposition of mercury is (Mallin and Cahoon 2003). Decaying dispersing agents, flocculants, and responsible for the contamination of carcasses from these operations also media separators (Ahlstedt et al. 2005). most waterways. In a U.S. Geological produce a significant source of nutrient Sediments, heavy metals, and other Survey study that examined mercury in pollution. In addition to nutrient pollutants from mining are one of the fish, sediments, and water drawn from loading, CAFOs release pharmaceuticals causal factors in mussel declines (Houp 291 rivers and streams, detectable (growth promoters and antibiotics) and 1993; Neves et al. 1997; Locke et al. mercury contamination was found in hormones (estrogens and androgens) 2006). Heavy metals, including every single fish sampled (Scudder et al. into aquatic habitats (Orlando et al. aluminum, cadmium, copper, iron, 2009). The highest concentrations 2004). These have led to endocrine manganese, mercury, selenium, sulfate, among all sampled sites occurred in fish disruption in female turtles (Irwin et al. and zinc, are released into the from blackwater coastal-plain streams 2001), and disruption of the environment and act as metabolic draining forested lands or wetlands in reproductive biology of fathead poisons in freshwater species (Earle and Louisiana, Georgia, Florida, and North minnows (Pimephales promelas) Callaghan 1998), and cause weight loss, and South Carolina, and from basins in (Orlando et al. 2004). altered enzyme activity and filtration the west with gold or mercury mines or The petition asserts that wastewater rates, and behavioral modifications both. Mercury levels in fish at over 70 from aquacultural facilities also (Naimo 1995). The effects of metals on percent of the sites exceeded the levels contributes significant amounts of mussel feeding, growth, and of concern for the protection of fish sediments, nutrients, pharmaceuticals, reproduction can result in significant eating-mammals. and pathogens to southeastern aquatic consequences for mussel populations, habitats (Tacon and Forster 2003). and Naimo (1995) concludes that the The combustion of coal produces over Catfish farms, trout farms, and shrimp chronic, low-level exposure to toxic 129 million tons of solid waste, or coal and crayfish ponds all release nutrients metals is partially responsible for the ash, annually (Eilperin 2009). Coal ash to aquatic habitats when they are widespread decline in species diversity contains concentrated levels of chlorine, drained or flushed during large rain and population density of freshwater zinc, copper, arsenic, lead, selenium, events (Tucker and Hargreaves 2003; mussels. Selenium is particularly mercury, and other toxic contaminants, Morse et al. 1997; Holdich 1993). prevalent in coal effluents and is and improper storage of coal According to the petition, pollution associated with deformities and combustion waste has resulted in from forestry and silviculture affects the reproductive failure in aquatic species pollution of ground and surface waters Mobile Basin. Logging and effluent from (Lemly 2009; Pomponio 2009). (EPA 2007b). There are 44 coal ash pulp mills contribute sediments and The petition also asserts that ponds in Kentucky alone. Hopkins et al. herbicides to waterways, degrading pollution, including sediments, metals, (1999) reported behavioral, habitat for aquatic organisms. Erosion acids, and other substances, in drainage developmental, and metabolic from deforestation and poor forestry from abandoned mined lands negatively abnormalities in amphibians and practices increases silt loading and impacts aquatic species in a variety of reptiles in wetlands that have been makes stream bottoms unstable, both of ways from acute toxicity to physical contaminated with coal combustion which threaten mollusks and other impacts from solid precipitants (Cherry waste in South Carolina. aquatic organisms (Williams et al. et al. 2001; Soucek et al. 2003). Surface Global Climate Change and Drought 1993). Herbicides used to kill waters receiving mine discharge hardwoods and herbaceous vegetation commonly have extremely low pH According to the petition, global may be harmful to amphibians and levels, below 3.0, with toxic impacts climate change threatens all of the other species (Dodd 1997), and some extending several miles downstream petitioned species. Climate models herbicides are toxic to algae and (Soucek et al. 2003). project both continued warming in all interfere with aquatic ecology (Austin et Coal combustion produces nitric and seasons across the Southeast, and an al. 1991). sulfuric acids, mercury, and coal ash, increase in the rate of warming (Karl et Urban and industrial development is that all negatively impact aquatic al. 2009). The warming in air and water also cited in the petition as contributing species (Fleischer et al. 1993). Nitric temperatures will create stress for fish to pollution of southeastern aquatic and sulfuric acids released from coal- and wildlife. Increasing water habitats. Point source pollution from fired power plants cause acidification of temperatures and declining dissolved manufacturing sites, power plants, and water bodies. Streams and lakes in Great oxygen levels in streams, lakes, and sewage treatment plants is a major cause Smoky Mountains National Park and shallow aquatic habitats will lead to fish of aquatic habitat degradation (Morse et elsewhere have been degraded by acid kills and loss of aquatic species al. 1997). Non-point source pollution in precipitation (Morse et al. 1997). diversity (Folkerts 1997; Karl et al. the form of runoff from urban and Phytoplankton is negatively affected by 2009). Climate change will alter the industrial areas contributes sediment, acidification, which has ramifications distribution of native plants and contaminants, nutrients, and other throughout the food web (Dodd 1997). animals and will lead to the local loss pollutants that can be harmful to aquatic Acid precipitation harms caddisflies of imperiled species and the

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displacement of native species by increased storm intensity resulting from tributary reservoirs and smaller streams invasives (Karl et al. 2009). global climate change, including the (Jenkinson and Todd 1997). Zebra Climate change will increase both the Florida Keys mole skink, MacGillivray’s mussels and other invasive mollusks incidence and severity of droughts and seaside sparrow, and Louisiana eyed compete with native mussels for food major storm events in the Southeast silkmoth. and space, attach to native mussels and (Karl et al. 2009). The percentage of the weaken or kill them, and alter the Invasive Species Southeast region experiencing moderate suitability of the substrate for native to severe drought has already increased The petition alleges that invasive species (Herrig and Shute 2002). Where over the past 3 decades (Karl et al. species are a major threat to native zebra mussels establish large 2009). The threat to aquatic ecosystems aquatic plants and animals in the populations, they are likely to destroy posed by drought is magnified both by Southeast, and a known threat for 96 of native mussels and snail populations climate change and by human the petitioned species. Invasive species (Jenkinson and Todd 1997). population growth. Decreased water negatively affect native species through The petition alleges that native availability coupled with human competition, predation, and disease southeastern mollusks are also population growth will further stress introduction. Introduced Asian carp, threatened by the invasion of the Asian natural systems. Drought, and increased which are used to control trematodes in clam. Asian clams spread rapidly evaporation and evapotranspiration due catfish ponds, have become established throughout every major drainage in the to warmer temperatures, will lead to in rivers throughout the Mississippi South following their introduction in decreased groundwater recharge and Basin, where they consume native the 1960s. Asian clams compete with potential saltwater intrusion in shallow mollusks and compete for resources native mussels for space and food. aquifers in many parts of the Southeast, with native fishes (Naylor et al. 2001). The petition asserts that other further exacerbating threats to aquatic There are at least 30 species of invasive southeastern taxa, in addition to fish organisms (Karl et al. 2009). fish in the Tennessee and Cumberland and mollusks, are also threatened by the Intense drought and increasing River basins, including carp, alewife, spread of invasive species. Native temperatures resulting from climate rainbow and brown trout, striped bass, crayfish are threatened by invasive change will cause the drying of water yellow perch, nonnative forms of mussels, which can attach to their bodies and the local or global extinction muskellunge, and walleye (Etnier 1997). exoskeletons, and by invasive species of of riparian and aquatic species (Karl et Nonnative mosquitofish (Gambusia crayfish and fish, which compete with al. 2009). Declines of mollusks as a holbrooki) have been widely introduced and prey on native crayfish (Schuster direct result of drought have already for vector control and now compete 1997). Nonnative crayfish are commonly been documented (Golladay et al. 2004; with native species for resources introduced via ‘‘bait buckets.’’ Several Haag and Warren 2008). Populations of (Buckner et al. 2002). Game fish, such species of nonnative snails have also amphibians dependent on consistent as trout and bass, have been widely invaded the Southeast (Neves et al. rainfall patterns for breeding, such as introduced and prey on native fish, 1993). Native amphibians are threatened those that breed in temporary ponds, invertebrates, and amphibians (Herrig by invasive fish and invasive could be extirpated by drought (Dodd and Shute 2002; Kats and Ferrer 2003; amphibians, which can act as predators, 1997). Amphibian declines are already Strayer 2006). Native fish fauna in competitors, and disease vectors (Dodd linked to climate change globally southern Florida have been displaced by 1997). Additionally, the petition asserts (Pounds et al. 2006) and in the tropical species, and more than 60 that exotic cattle egrets, armadillos, and southeastern United States (Daszak et al. indigenous southeastern fish species wild hogs can ‘‘exact a substantial toll’’ 2005). have been introduced to drainages on amphibians (Dodd 1997). Fire ants The warming climate will likely cause where they are not native (Warren Jr. et also threaten amphibians, as they have ecological zones to shift upward in al. 1997). been known to kill metamorphosing latitude and altitude, and species’ According to the petition, freshwater individuals (Freed and Neitman 1988). persistence will depend upon, among mollusks are threatened both by According to the petition, many other factors, their ability to disperse to invasive fish and invasive mollusks. invasive plant species are wreaking suitable habitat (Peters and Darling The introduction of nonnative fishes havoc on aquatic habitats in the 1985). Human modifications to such as the round goby has indirect Southeast. Species such as waterways, such as dams, and changes negative effects on native mussels due Myriophyllum spicatum (Eurasian to the landscape, including extensive to negative impacts on their host fishes watermilfoil), Alternanthera development, will make dispersal of (NatureServe 2009). The invasion of philoxeroides (alligatorweed), Hydrilla species to more suitable habitat difficult nonindigenous mollusks is one of the verticillata (hydrilla), and Eichhornia to impossible (Strayer 2006; Buhlman primary reasons for the decline of crassipies (water hyacinth) are thriving and Gibbons 1997; FWS 2009). Many freshwater mussels (Williams et al. in aquatic and wetland habitats and species of freshwater invertebrates are 1993). Invasive mussels can reach negatively impacting native species likely to go extinct due to climate densities of thousands per square meter, (Folkerts 1997; Buckner et al. 2002). change (Strayer 2006). Freshwater outcompeting and literally covering Invasive plants displace native plants, mussels and snails are capable of native species (Williams et al. 1993). alter substrate availability for aquatic moving only short distances and are The zebra mussel has been detected in invertebrates, and interfere with the unlikely to be able to adjust their ranges Alabama, Arkansas, Kentucky, food web (Folkerts 1997). Invasive in response to climatic shifts (FWS Louisiana, Mississippi, Tennessee, plants threaten several of the petitioned 2009). The petitioners allege that Virginia, and West Virginia plants, including Baptisia megacarpa deteriorating habitat conditions and (NatureServe 2009). Zebra mussels (Apalachicola wild indigo), Ptilimnium obstacles to dispersal place all of the infest most major Mississippi River ahlesii (Carolina bishopweed), and petitioned species at risk of extinction tributaries, including the Ohio, Hexastylis speciosa (Harper’s heartleaf). due to global climate change. Tennessee, Cumberland, and Arkansas Outbreaks of invasive and native According to the petition, several of Rivers (NatureServe 2009), and are forest-destroying insects have weakened the coastal petitioned species are expected to spread to all the navigable and killed trees in riparian areas and threatened by sea level rise and rivers in the Southeast, as well as reduced nutrient inputs to aquatic

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systems (Morse et al. 1997). The populations. Due to blocked avenues of amphibians more vulnerable to the petitioned Tsuga caroliniana (Carolina dispersal or limited dispersal ability, spread of disease (Gendron et al. 2003; hemlock) is threatened by hemlock isolated populations gradually Pounds et al. 2006). The interaction woolly adelgid (Adelges tsugae). disappear as habitat conditions between climate change and Streamside habitat degradation due to deteriorate (FWS 2000). compromised immunity due to various exotic pests also threatens aquatic insect Synergies and Multiple Causes stressors threatens both amphibian populations in the Southeast due to populations and entire species (Green altered microhabitat conditions (Herrig The petition alleges that the risk of and Dodd 2003). Similarly, threats to and Shute 2002). extinction for the petitioned species is freshwater fish are ‘‘many, cumulative heightened by synergies between threats and interactive,’’ and fish extirpation is Inherent Vulnerability of Small, Isolated as most species face multiple threats Populations nearly always attributable to multiple and these threats interact and magnify human impacts (Warren et al. 1997). According to the petition, 224 of the each other. Across taxa, interactions Any factor that causes the decline of the petitioned species now exist in among threats place southeastern host fishes on which mussels depend primarily small, isolated populations, aquatic biota at increased risk of for reproduction also threatens the which heightens their risk of extinction. extinction. Reptiles are threatened by mussels, which themselves face Small, isolated populations are habitat loss and degradation, invasive multiple threats including vulnerable to extirpation due to limited species, pollution, disease and impoundment, pollution, and invasive gene flow, reduced genetic diversity, parasitism, unsustainable use, global species (Neves et al. 1997). The petition and inbreeding depression (Lynch climate change, and synergies between claims that because of the multifaceted 1996). Population isolation also these factors (Gibbons et al. 2000). ecological relationships among species, increases the risk of extinction from Freshwater snails are threatened by the the extirpation of a species can have stochastic genetic and environmental combined effects of habitat loss, effects that cascade throughout the events, including drought, flooding, and pollution, drought, and invasive species community, highlighting the need to toxic spills (FWS 2009). Habitat (Lydeard et al. 2004). Likewise, protect entire communities modification and cumulative habitat amphibians are imperiled by multiple, simultaneously. degradation from non-point source interacting threats. Stress from the pollution are also major threats for effects of increased UV-b radiation, Summary of Threats as Identified in the species that exist in isolated pollution, and climate change has made Petition

TABLE 2—THREATS FOR THE 374 SPECIES AS CLASSIFIED BY THE PETITIONERS

Factor Scientific name Common name Taxon A B C D E

Ambystoma barbouri ...... Streamside Salamander...... Amphibian ...... X X X X X Amphiuma pholeter ...... One-Toed Amphiuma...... Amphibian ...... X X X X X Cryptobranchus alleganiensis ...... Hellbender ...... Amphibian ...... X X X X X Desmognathus abditus ...... Cumberland Dusky Salamander... Amphibian ...... X X X X ...... Desmognathus aeneus ...... Seepage Salamander...... Amphibian ...... X X X X X Eurycea chamberlaini ...... Chamberlain’s Dwarf Salamander Amphibian...... X X X X X Eurycea tynerensis ...... Oklahoma Salamander...... Amphibian ...... X X X X X Gyrinophilus palleucus ...... Tennessee Cave Salamander...... Amphibian ...... X X X X X Gyrinophilus subterraneus ...... West Virginia Spring SalamanderAmphibian ...... X X X X X Eurycea wallacei ...... Georgia Blind Salamander...... Amphibian ...... X X X X X Necturus lewisi ...... Neuse River Waterdog (sala- Amphibian ...... X X X X X mander). Pseudobranchus striatus Gulf Hammock Dwarf Siren ...... Amphibian ...... X X ...... X X lustricolus. Urspelerpes brucei ...... Patch-nosed Salamander...... Amphibian ...... X X ...... X X Crangonyx grandimanus ...... Florida Cave Amphipod ...... Amphipod ...... X ...... X ...... Crangonyx hobbsi ...... Hobb’s Cave Amphipod ...... Amphipod ...... X ...... X ...... Stygobromus cooperi ...... Cooper’s Cave Amphipod ...... Amphipod ...... X ...... X ...... Stygobromus indentatus ...... Tidewater Amphipod ...... Amphipod ...... X ...... X X Stygobromus morrisoni ...... Morrison’s Cave Amphipod ...... Amphipod ...... X ...... X ...... Stygobromus parvus ...... Minute Cave Amphipod ...... Amphipod ...... X ...... X ...... Cicindela marginipennis ...... Cobblestone Tiger Beetle ...... Beetle ...... X X ...... X ...... Pseudanophthalmus avernus ...... Avernus Cave Beetle ...... Beetle ...... X ...... X X Pseudanophthalmus cordicollis ..... Little Kennedy Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus egberti ...... New River Valley Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus hirsutus ...... Cumberland Gap Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus hubbardi ...... Hubbard’s Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus hubrichti ...... Hubricht’s Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus intersectus ... Crossroad’s Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus limicola ...... Madden’s Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus montanus ..... Dry Fork Valley Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus pontis ...... Natural Bridge Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus potomaca ..... South Branch Valley Cave Beetle Beetle ...... X ...... X ...... Pseudanophthalmus Overlooked Cave Beetle ...... Beetle ...... X ...... X ...... praetermissus. Pseudanophthalmus sanctipauli .... Saint Paul Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus sericus ...... Silken Cave Beetle ...... Beetle ...... X ...... X ......

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TABLE 2—THREATS FOR THE 374 SPECIES AS CLASSIFIED BY THE PETITIONERS—Continued

Factor Scientific name Common name Taxon A B C D E

Pseudanophthalmus thomasi ...... Thomas’s Cave Beetle ...... Beetle ...... X ...... X ...... Pseudanophthalmus virginicus ...... Maiden Spring Cave Beetle ...... Beetle ...... X ...... X ...... Ammodrammus maritimus MacGillivray’s Seaside Sparrow ... Bird ...... X ...... X X X macgillivraii. Grus canadensis pratensis ...... Florida Sandhill Crane...... Bird ...... X X X X X Laterallus jamaicensis ...... Black Rail...... Bird ...... X X X X X Amblyscirtes linda ...... Linda’s Roadside-skipper ...... Butterfly ...... X ...... X Euphyes dukesi calhouni ...... Duke’s Skipper ...... Butterfly ...... X ...... X X Euphyes pilatka klotsi ...... Palatka Skipper ...... Butterfly ...... X ...... X X Problema bulenta ...... Rare Skipper...... Butterfly ...... X X ...... X X Agarodes logani ...... Logan’s Agarodes Caddisfly ...... Caddisfly ...... X ...... X ...... Hydroptila sykorae ...... Sykora’s Hydroptila Caddisfly ...... Caddisfly ...... X ...... X ...... Lepidostoma morsei ...... Morse’s Little Plain Brown Sedge Caddisfly ...... X ...... X X Oecetis parva ...... Little Oecetis Longhorn Caddisfly Caddisfly ...... X ...... X ...... Oxyethira setosa ...... Setose Cream and Brown Mottled Caddisfly ...... X ...... X X Microcaddisfly. Triaenodes tridontus ...... Three-toothed Triaenodes Caddisfly ...... X ...... X ...... Caddisfly. Bouchardina robisoni ...... Bayou Bodcau Crayfish ...... Crayfish ...... X ...... X ...... Cambarus cryptodytes ...... Dougherty Plain Cave Crayfish ..... Crayfish ...... X ...... X ...... Cambarus obeyensis ...... Obey Crayfish ...... Crayfish ...... X ...... X X Cambarellus blacki ...... Cypress Crayfish ...... Crayfish ...... X ...... X ...... Cambarellus diminutus ...... Least Crayfish ...... Crayfish ...... X ...... X Cambarellus lesliei ...... Angular Dwarf Crayfish ...... Crayfish ...... X ...... X ...... Cambarus bouchardi ...... Big South Fork Crayfish ...... Crayfish ...... X ...... X X Cambarus chasmodactylus ...... New River Crayfish ...... Crayfish ...... X ...... X ...... Cambarus chaugaensis ...... Chauga Crayfish ...... Crayfish ...... X ...... X X Cambarus coosawattae ...... Coosawattae Crayfish ...... Crayfish ...... X ...... X X Cambarus cracens ...... Slenderclaw Crayfish...... Crayfish ...... X ...... X ...... Cambarus cymatilis ...... Conasauga Blue Burrower ...... Crayfish ...... X ...... X ...... Cambarus eeseeohensis ...... Grandfather Mountain Crayfish ..... Crayfish ...... X ...... X X Cambarus elkensis ...... Elk River Crayfish ...... Crayfish ...... X ...... X X Cambarus extraneus ...... Chickamauga Crayfish ...... Crayfish ...... X ...... X X Cambarus fasciatus ...... Etowah Crayfish ...... Crayfish ...... X ...... X X Cambarus georgiae ...... Little Tennessee Crayfish ...... Crayfish ...... X ...... X X Cambarus harti ...... Piedmont Blue Burrower ...... Crayfish ...... X ...... X X Cambarus jezerinaci ...... Spiny Scale Crayfish ...... Crayfish ...... X ...... X ...... Cambarus jonesi ...... Alabama Cave Crayfish ...... Crayfish ...... X ...... X X Cambarus nerterius ...... Greenbrier Cave Crayfish ...... Crayfish ...... X ...... X X Cambarus parrishi ...... Hiwassee Headwater Crayfish ...... Crayfish ...... X ...... X X Cambarus pristinus ...... Pristine Crayfish ...... Crayfish ...... X ...... X ...... Cambarus scotti ...... Chattooga River Crayfish ...... Crayfish ...... X ...... X X Cambarus speciosus ...... Beautiful Crayfish ...... Crayfish ...... X ...... X X Cambarus spicatus ...... Broad River Spiny Crayfish ...... Crayfish ...... X ...... X Cambarus strigosus ...... Lean Crayfish ...... Crayfish ...... X ...... X ...... Cambarus unestami ...... Blackbarred Crayfish ...... Crayfish ...... X ...... X X Cambarus veteranus ...... Big Sandy Crayfish ...... Crayfish ...... X ...... X ...... Cambarus williami ...... Brawleys Fork Crayfish ...... Crayfish ...... X ...... X ...... Distocambarus carlsoni ...... Mimic Crayfish ...... Crayfish ...... X ...... X X Distocambarus devexus ...... Broad River Burrowing Crayfish ... Crayfish ...... X ...... X ...... Distocambarus youngineri ...... Newberry Burrowing Crayfish ...... Crayfish ...... X ...... X ...... Fallicambarus burrisi ...... Burrowing Bog Crayfish ...... Crayfish ...... X ...... X ...... Fallicambarus danielae ...... Speckled Burrowing Crayfish ...... Crayfish ...... X ...... X X Fallicambarus gilpini ...... Jefferson County Crayfish ...... Crayfish ...... X ...... X X Fallicambarus harpi ...... Ouachita Burrowing Crayfish ...... Crayfish ...... X ...... X X Fallicambarus hortoni ...... Hatchie Burrowing Crayfish ...... Crayfish ...... X ...... X X Fallicambarus petilicarpus ...... Slenderwrist Burrowing Crayfish ... Crayfish ...... X ...... X X Fallicambarus strawni ...... Saline Burrowing Crayfish ...... Crayfish ...... X ...... X X Hobbseus cristatus ...... Crested Riverlet Crayfish ...... Crayfish ...... X ...... X ...... Hobbseus orconectoides ...... Oktibbeha Riverlet Crayfish ...... Crayfish ...... X ...... X ...... Hobbseus petilus ...... Tombigbee Riverlet Crayfish ...... Crayfish ...... X ...... X ...... Hobbseus yalobushensis ...... Yalobusha Riverlet Crayfish ...... Crayfish ...... X ...... X ...... Orconectes blacki ...... Calcasieu Crayfish ...... Crayfish ...... X ...... X ...... Orconectes eupunctus ...... Coldwater Crayfish ...... Crayfish ...... X ...... X X Orconectes hartfieldi ...... Yazoo Crayfish ...... Crayfish ...... X ...... X ...... Orconectes incomptus ...... Tennessee Cave Crayfish ...... Crayfish ...... X ...... X ...... Orconectes jonesi ...... Sucarnoochee River Crayfish ...... Crayfish ...... X ...... X X Orconectes maletae ...... Kisatchie Painted Crayfish ...... Crayfish ...... X ...... X ...... Orconectes marchandi ...... Mammoth Spring Crayfish ...... Crayfish ...... X ...... X X Orconectes packardi ...... Appalachian Cave Crayfish ...... Crayfish ...... X ...... X ......

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TABLE 2—THREATS FOR THE 374 SPECIES AS CLASSIFIED BY THE PETITIONERS—Continued

Factor Scientific name Common name Taxon A B C D E

Orconectes sheltae ...... Shelta Cave Crayfish ...... Crayfish ...... X ...... X X Orconectes virginiensis ...... Chowanoke Crayfish ...... Crayfish ...... X ...... X Orconectes wrighti ...... Hardin Crayfish ...... Crayfish ...... X ...... X ...... Procambarus acherontis ...... Orlando Cave Crayfish ...... Crayfish ...... X ...... X ...... Procambarus apalachicolae ...... Coastal Flatwoods Crayfish ...... Crayfish ...... X ...... X ...... Procambarus attiguus ...... Silver Glen Springs Crayfish ...... Crayfish ...... X ...... X X Procambarus barbiger ...... Jackson Prairie Crayfish ...... Crayfish ...... X ...... X X Procambarus cometes ...... Mississippi Flatwoods Crayfish ..... Crayfish ...... X ...... X X Procambarus delicatus ...... Bigcheek Cave Crayfish ...... Crayfish ...... X ...... X ...... Procambarus econfinae ...... Panama City Crayfish ...... Crayfish ...... X ...... X X Procambarus erythrops ...... Santa Fe Cave Crayfish ...... Crayfish ...... X ...... X ...... Procambarus fitzpatricki ...... Spinytail Crayfish...... Crayfish ...... X ...... X ...... Procambarus franzi ...... Orange Lake Cave Crayfish ...... Crayfish ...... X ...... X X Procambarus horsti ...... Big Blue Springs Cave Crayfish ... Crayfish ...... X X ...... X ...... Procambarus lagniappe ...... Lagniappe Crayfish ...... Crayfish ...... X ...... X X Procambarus leitheuseri ...... Coastal Lowland Cave Crayfish ... Crayfish ...... X ...... X ...... Procambarus lucifugus ...... Florida Cave Crayfish ...... Crayfish ...... X ...... X X Procambarus lucifugus alachua .... Alachua Light Fleeing Cave Cray- Crayfish ...... X ...... X X fish. Procambarus lucifugus lucifugus ... Florida Cave Crayfish ...... Crayfish ...... X ...... X X Procambarus lylei ...... Shutispear Crayfish ...... Crayfish ...... X ...... X ...... Procambarus milleri ...... Miami Cave Crayfish ...... Crayfish ...... X ...... X ...... Procambarus morrisi ...... Putnam County Cave Crayfish ..... Crayfish ...... X ...... X ...... Procambarus orcinus ...... Woodville Karst Cave Crayfish ..... Crayfish ...... X ...... X ...... Procambarus pallidus ...... Pallid Cave Crayfish ...... Crayfish ...... X ...... X X Procambarus pictus ...... Black Creek Crayfish ...... Crayfish ...... X ...... X ...... Procambarus pogum ...... Bearded Red Crayfish ...... Crayfish ...... X ...... X ...... Procambarus regalis ...... Regal Burrowing Crayfish ...... Crayfish ...... X ...... X ...... Procambarus reimeri ...... Irons Fork Burrowing Crayfish ...... Crayfish ...... X ...... X X Troglocambarus maclanei ...... Spider Cave Crayfish ...... Crayfish ...... X ...... X ...... Cordulegaster sayi ...... Say’s Spiketail ...... Dragonfly ...... X ...... X ...... Gomphus consanguis ...... Cherokee Clubtail ...... Dragonfly ...... X ...... X X Gomphus sandrius ...... Tennessee Clubtail...... Dragonfly ...... X ...... X ...... Gomphus septima ...... Septima’s Clubtail...... Dragonfly ...... X X ...... X X Gomphus westfalli ...... Westfall’s Clubtail ...... Dragonfly ...... X ...... X ...... Libellula jesseana ...... Purple Skimmer ...... Dragonfly ...... X ...... X ...... Macromia margarita ...... Mountain River Cruiser ...... Dragonfly ...... X ...... X ...... Ophiogomphus australis ...... Southern Snaketail...... Dragonfly ...... X ...... X ...... Ophiogomphus edmundo ...... Edmund’s Snaketail...... Dragonfly ...... X ...... X ...... Ophiogomphus incurvatus ...... Appalachian Snaketail...... Dragonfly ...... X X ...... X X Somatochlora calverti ...... Calvert’s Emerald...... Dragonfly ...... X ...... X ...... Somatochlora margarita ...... Texas Emerald...... Dragonfly ...... X ...... X ...... Somatochlora ozarkensis ...... Ozark Emerald...... Dragonfly ...... X ...... X ...... Stylurus potulentus ...... Yellow-sided Clubtail ...... Dragonfly ...... X ...... X ...... Amblyopsis spelaea ...... Northern cavefish...... Fish ...... X X ...... X X Cyprinella callitaenia ...... Bluestripe shiner ...... Fish ...... X ...... X X Cyprinella xaenura ...... Altamaha Shiner ...... Fish ...... X ...... X X Elassoma boehlkei ...... Carolina Pygmy Sunfish...... Fish ...... X X X X X Erimystax harryi ...... Ozark chub ...... Fish ...... X ...... X X Etheostoma bellator ...... Warrior Darter ...... Fish ...... X ...... X X Etheostoma brevirostrum ...... Holiday Darter ...... Fish ...... X ...... X X Etheostoma cinereum ...... Ashy Darter ...... Fish ...... X ...... X X Etheostoma forbesi ...... Barrens Darter ...... Fish ...... X ...... X X Etheostoma microlepidum ...... Smallscale Darter...... Fish ...... X ...... X ...... Etheostoma osburni ...... Candy Darter...... Fish ...... X ...... X X X Etheostoma pallididorsum ...... Paleback Darter...... Fish ...... X ...... X X X Etheostoma pseudovulatum ...... Egg-mimic Darter ...... Fish ...... X ...... X X Etheostoma striatulum ...... Striated Darter ...... Fish ...... X ...... X X Etheostoma tecumsehi ...... Shawnee Darter...... Fish ...... X ...... X X X Etheostoma tippecanoe ...... Tippecanoe Darter ...... Fish ...... X ...... X X Etheostoma trisella ...... Trispot Darter ...... Fish ...... X ...... X X Etheostoma tuscumbia ...... Tuscumbia Darter ...... Fish ...... X ...... X X Fundulus julisia ...... Barrens Topminnow...... Fish ...... X ...... X X ...... Moxostoma robustum ...... Robust Redhorse...... Fish ...... X X X X X Notropis ariommus ...... Popeye Shiner ...... Fish ...... X ...... X ...... Notropis ozarcanus ...... Ozark Shiner ...... Fish ...... X ...... X X Notropis perpallidus ...... Peppered Shiner ...... Fish ...... X ...... X X Notropis suttkusi ...... Rocky Shiner ...... Fish ...... X ...... X X Noturus fasciatus ...... Saddled Madtom ...... Fish ...... X ...... X X Noturus furiosus ...... Carolina Madtom...... Fish ...... X ...... X X X

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TABLE 2—THREATS FOR THE 374 SPECIES AS CLASSIFIED BY THE PETITIONERS—Continued

Factor Scientific name Common name Taxon A B C D E

Noturus gilberti ...... Orangefin Madtom...... Fish ...... X X ...... X X Noturus gladiator ...... Piebald Madtom ...... Fish ...... X ...... X X Noturus lachneri ...... Ouachita Madtom ...... Fish ...... X ...... X X Noturus munitus ...... Frecklebelly Madtom ...... Fish ...... X ...... X X Noturus taylori ...... Caddo Madtom ...... Fish ...... X ...... X X Percina bimaculata ...... Chesapeake Logperch ...... Fish ...... X ...... X X Percina brevicauda ...... Coal Darter ...... Fish ...... X ...... X X Percina crypta ...... Halloween Darter ...... Fish ...... X ...... X ...... Percina cymatotaenia ...... Bluestripe Darter ...... Fish ...... X ...... X X Percina kusha ...... Bridled Darter ...... Fish ...... X ...... X X Percina macrocephala ...... Longhead Darter ...... Fish ...... X ...... X X Percina nasuta ...... Longnose Darter ...... Fish ...... X ...... X X Percina sipsi ...... Bankhead Darter ...... Fish ...... X ...... X X Percina williamsi ...... Sickle Darter ...... Fish ...... X ...... X X Pteronotropis euryzonus ...... Broadstripe Shiner ...... Fish ...... X ...... X X Pteronotropis hubbsi ...... Bluehead Shiner...... Fish ...... X X X X X Thoburnia atripinnis ...... Blackfin Sucker ...... Fish ...... X ...... X X Remenus kirchneri ...... Blueridge Springfly ...... Fly ...... X ...... X ...... Caecidotea cannula ...... None ...... Isopod ...... X ...... X ...... Lirceus culveri ...... Rye Cove Isopod ...... Isopod ...... X ...... X ...... Blarina carolinensis shermani ...... Sherman’s Short-tailed Shrew ...... Mammal ...... X ...... X X ...... Oryzomys palustris pop. 1...... Pine Island Oryzomys or Marsh Mammal ...... X ...... X X Rice Rat. Oryzomys palustris pop.2 ...... Sanibel Island Oryzomys or Marsh Mammal ...... X ...... X X Rice Rat. Sigmodon hispidus insulicola ...... Insular Cotton Rat ...... Mammal ...... X ...... X X Automeris louisiana ...... Louisiana Eyed Silkmoth ...... Moth ...... X ...... X X Alasmidonta arcula ...... Altamaha Arcmussel ...... Mussel ...... X ...... X X Alasmidonta triangulata ...... Southern Elktoe ...... Mussel ...... X ...... X X Alasmidonta varicosa ...... Brook Floater...... Mussel ...... X X ...... X X Anodonta heardi ...... Apalachicola Floater ...... Mussel ...... X ...... X X Anodontoides radiatus ...... Rayed Creekshell ...... Mussel ...... X ...... X X Cyprogenia aberti ...... Western Fanshell ...... Mussel ...... X ...... X X Elliptio ahenea ...... Southern Lance ...... Mussel ...... X ...... X X Elliptio arca ...... Alabama Spike ...... Mussel ...... X ...... X X Elliptio arctata ...... Delicate Spike ...... Mussel ...... X ...... X X Elliptio fraterna ...... Brother Spike ...... Mussel ...... X X ...... X X Elliptio lanceolata ...... Yellow Lance ...... Mussel ...... X ...... X X Elliptio monroensis ...... St. John’s Elephant Ear ...... Mussel ...... X ...... X X Elliptio purpurella ...... Inflated Spike ...... Mussel ...... X ...... X X Fusconaia masoni ...... Atlantic Pigtoe ...... Mussel ...... X ...... X X Fusconaia subrotunda ...... Longsolid ...... Mussel ...... X ...... X X Lampsilis fullerkati ...... Waccamaw Fatmucket ...... Mussel ...... X ...... X X Lasmigona holstonia ...... Tennessee Heelsplitter...... Mussel ...... X ...... X X X Lasmigona subviridis ...... Green Floater ...... Mussel ...... X ...... X X Medionidus conradicus ...... Cumberland Moccasinshell...... Mussel ...... X ...... X X X Medionidus walkeri ...... Suwannee Moccasinshell...... Mussel ...... X X ...... X X Obovaria subrotunda ...... Round Hickorynut ...... Mussel ...... X ...... X X Obovaria unicolor ...... Alabama Hickorynut ...... Mussel ...... X ...... X X Pleurobema athearni ...... Canoe Creek Pigtoe ...... Mussel ...... X ...... X X Pleurobema oviforme ...... Tennessee Clubshell...... Mussel ...... X X X X X Pleurobema rubellum ...... Warrior Pigtoe...... Mussel ...... X X ...... X X Pleurobema rubrum ...... Pyramid Pigtoe...... Mussel ...... X X ...... X X Pleuronaia barnesiana ...... Tennessee Pigtoe...... Mussel ...... X ...... X X X Pyganodon gibbosa ...... Inflated Floater ...... Mussel ...... X ...... X X Quadrula asperata archeri ...... Tallapoosa Orb ...... Mussel ...... X ...... Simpsonaias ambigua ...... Salamander Mussel ...... Mussel ...... X ...... X X Toxolasma lividus ...... Purple Lilliput ...... Mussel ...... X ...... X X X Toxolasma pullus ...... Savannah Lilliput...... Mussel ...... X ...... X X X Villosa nebulosa ...... Alabama Rainbow ...... Mussel ...... X ...... X X Villosa ortmanni ...... Kentucky Creekshell ...... Mussel ...... X ...... X ...... Villosa umbrans ...... Coosa Creekshell ...... Mussel ...... X ...... X X Fissidens appalachensis ...... Appalachian Fissidens Moss ...... Non-Vascular Plant ...... X ...... X X Fissidens hallii ...... Hall’s Pocket Moss ...... Non-Vascular Plant ...... X ...... X X Megaceros aenigmaticus ...... Hornwort ...... Non-Vascular Plant...... X ...... X ...... Phaeophyscia leana ...... Lea’s Bog Lichen ...... Non-Vascular Plant ...... X ...... X X Plagiochila caduciloba ...... Gorge Leafy Liverwort ...... Non-Vascular Plant ...... X ...... X ...... Plagiochila sharpii ssp. sharpii ...... Sharp’s Leafy Liverwort ...... Non-Vascular Plant ...... X ...... X ...... Clonophis kirtlandii ...... Kirtland’s Snake...... Reptile ...... X X X X X Deirochelys reticularia miaria ...... Western Chicken Turtle ...... Reptile ...... X X ...... X X

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TABLE 2—THREATS FOR THE 374 SPECIES AS CLASSIFIED BY THE PETITIONERS—Continued

Factor Scientific name Common name Taxon A B C D E

Eumeces egregius egregius ...... Florida Keys Mole Skink ...... Reptile ...... X X ...... X X Graptemys barbouri ...... Barbour’s Map Turtle...... Reptile ...... X X X X ...... Graptemys ernsti ...... Escambia Map Turtle...... Reptile ...... X X X X X Graptemys gibbonsi ...... Pascagoula Map Turtle...... Reptile ...... X X X X X Graptemys nigrinoda ...... Black-knobbed Map Turtle ...... Reptile ...... X X ...... X X Graptemys pulchra ...... Alabama Map Turtle ...... Reptile ...... X X ...... X X Kinosternon baurii pop. 1...... Striped Mud Turtle—Lower FL Reptile ...... X X ...... X X Keys. Pseudemys nelsoni pop. 1...... Florida Red-bellied Turtle—FL Reptile ...... X X X X ...... Panhandle. Pseudemys rubriventris ...... Northern Red-bellied Cooter...... Reptile ...... X X X X X Thamnophis sauritus pop.1 ...... Eastern Ribbonsnake—Lower FL Reptile ...... X ...... X ...... Keys. Antrorbis breweri ...... Manitou Cavesnail ...... Snail ...... X ...... X X Aphaostracon asthenes ...... Blue Spring Hydrobe Snail ...... Snail ...... X ...... X X Aphaostracon chalarogyrus ...... Freemouth Hydrobe Snail ...... Snail ...... X ...... X ...... Aphaostracon monas ...... Wekiwa Hydrobe Snail ...... Snail ...... X ...... X ...... Aphaostracon pycnus ...... Dense Hydrobe Snail ...... Snail ...... X ...... X X Aphaostracon theiocrenetum ...... Clifton Spring Hydrobe Snail ...... Snail ...... X ...... X X Elimia acuta ...... Acute Elimia ...... Snail ...... X ...... X X Elimia alabamensis ...... Mud Elimia ...... Snail ...... X ...... X X Elimia ampla ...... Ample Elimia ...... Snail ...... X ...... X X Elimia annettae ...... Lilyshoals Elimia ...... Snail ...... X ...... X X Elimia arachnoidea ...... Spider Elimia ...... Snail ...... X ...... X X Elimia bellacrenata ...... Princess Elimia ...... Snail ...... X ...... X X Elimia bellula ...... Walnut Elimia ...... Snail ...... X ...... X ...... Elimia chiltonensis ...... Prune Elimia ...... Snail ...... X ...... X X Elimia cochliaris ...... Cockle Elimia ...... Snail ...... X ...... X X Elimia cylindracea ...... Cylinder Elimia ...... Snail ...... X ...... X X Elimia lachryma ...... Nodulose Coosa River Snail ...... Snail ...... X ...... X X Elimia nassula ...... Round-Rib Elimia ...... Snail ...... X ...... X X Elimia olivula ...... Caper Elimia ...... Snail ...... X ...... X X Elimia perstriata ...... Engraved Elimia ...... Snail ...... X ...... X X Elimia showalteri ...... Compact Elimia ...... Snail ...... X ...... X X Elimia teres ...... Elegant Elimia ...... Snail ...... X ...... X X Elimia vanuxemiana ...... Cobble Elimia ...... Snail ...... X ...... X X Floridobia mica ...... Ichetucknee Siltsnail ...... Snail ...... X ...... X X Floridobia monroensis ...... Enterprise Siltsnail ...... Snail ...... X ...... X ...... Floridobia parva ...... Pygmy Siltsnail ...... Snail ...... X ...... X ...... Floridobia ponderosa ...... Ponderosa Siltsnail ...... Snail ...... X ...... X X Floridobia wekiwae ...... Wekiwa Siltsnail ...... Snail ...... X ...... X ...... Leptoxis arkansasensis ...... Arkansas Mudalia ...... Snail ...... X ...... X X Leptoxis picta ...... Spotted Rocksnail ...... Snail ...... X ...... X X Leptoxis virgata ...... Smooth Mudalia ...... Snail ...... X ...... X X Lithasia curta ...... Knobby Rocksnail ...... Snail ...... X ...... X X Lithasia duttoniana ...... Helmet Rocksnail ...... Snail ...... X ...... X ...... Lo fluvialis ...... Spiny Riversnail ...... Snail ...... X ...... X X Marstonia agarhecta ...... Ocmulgee Marstonia...... Snail ...... X ...... X ...... Marstonia castor ...... Beaverpond Marstonia ...... Snail ...... X ...... X X Marstonia ozarkensis ...... Ozark Pyrg ...... Snail ...... X ...... X ...... Planorbella magnifica ...... Magnificent Ram’s-horn ...... Snail ...... X ...... X X Pleurocera corpulenta ...... Corpulent Hornsnail ...... Snail ...... X ...... X X Pleurocera curta ...... Shortspire Hornsnail ...... Snail ...... X ...... X ...... Pleurocera pyrenella ...... Skirted Hornsnail ...... Snail ...... X ...... X ...... Rhodacme elatior ...... Domed Ancylid ...... Snail ...... X ...... X X Somatogyrus alcoviensis ...... Reverse Pepplesnail...... Snail ...... X ...... X ...... Acroneuria kosztarabi ...... Virginia Stone ...... Stonefly ...... X ...... X ...... Allocapnia brooksi ...... Sevier Snowfly ...... Stonefly ...... X ...... X ...... Allocapnia fumosa ...... Smokies Snowfly ...... Stonefly ...... X ...... X ...... Allocapnia cunninghami ...... Karst Snowfly...... Stonefly ...... X ...... X ...... Amphinemura mockfordi ...... Tennessee Forestfly...... Stonefly ...... X ...... X ...... Leuctra szczytkoi ...... Louisiana Needlefly ...... Stonefly ...... X ...... X ...... Megaleuctra williamsae ...... Smokies Needlefly ...... Stonefly ...... X ...... X X Tallaperla lobata ...... Lobed Roachfly ...... Stonefly ...... X ...... X ...... Aeschynomene pratensis ...... Meadow Joint-vetch ...... Vascular Plant ...... X ...... X X Alnus maritima ...... Seaside Alder ...... Vascular Plant ...... X ...... X ...... Amorpha georgiana var. georgiana Georgia Leadplant (GA Indigo Vascular Plant...... X ...... X ...... Bush). Arnoglossum diversifolium ...... Variable-leaved Indian-Plantain .... Vascular Plant ...... X ...... X X Balduina atropurpurea ...... Purple Balduina (Purpledisk Vascular Plant...... X ...... X ...... honeycombhead).

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TABLE 2—THREATS FOR THE 374 SPECIES AS CLASSIFIED BY THE PETITIONERS—Continued

Factor Scientific name Common name Taxon A B C D E

Baptisia megacarpa ...... Apalachicola Wild Indigo ...... Vascular Plant ...... X X ...... X X Bartonia texana ...... Texas Screwstem ...... Vascular Plant ...... X ...... X ...... Boltonia montana ...... Doll’s-Daisy ...... Vascular Plant ...... X ...... X ...... Calamovilfa arcuata ...... Rivergrass ...... Vascular Plant ...... X ...... X ...... Carex brysonii ...... Bryson’s Sedge ...... Vascular Plant ...... X ...... X X Carex impressinervia ...... Impressed-nerved Sedge ...... Vascular Plant ...... X ...... X X Coreopsis integrifolia ...... Ciliate-leaf Tickseed ...... Vascular Plant ...... X ...... X ...... Croton elliottii ...... Elliott’s Croton ...... Vascular Plant ...... X ...... X ...... Elytraria caroliniensis var. Narrowleaf Carolina Scalystem ..... Vascular Plant ...... X ...... X ...... angustifolia. Encyclia cochleata var. triandra .... Clam-shell Orchid ...... Vascular Plant ...... X ...... X ...... Epidendrum strobiliferum ...... Big Cypress Epidendrum ...... Vascular Plant ...... X X ...... X X Eriocaulon koernickianum ...... Small-headed Pipewort ...... Vascular Plant ...... X ...... X ...... Eriocaulon nigrobracteatum ...... Black-bracket Pipewort ...... Vascular Plant ...... X ...... X X Eupatorium paludicola ...... A Thoroughwort ...... Vascular Plant ...... X ...... X X Eurybia saxicastellii ...... Rockcastle Wood-Aster ...... Vascular Plant ...... X ...... X X Fimbristylis perpusilla ...... Harper’s Fimbristylis ...... Vascular Plant ...... X ...... X ...... Forestiera godfreyi ...... Godfry’s Privet ...... Vascular Plant ...... X ...... X X Hartwrightia floridan ...... Hartwrightia ...... Vascular Plant ...... X ...... X ...... Helianthus occidentalis ssp. Shinner’s Sunflower ...... Vascular Plant ...... X ...... X ...... plantagineus. Hexastylis speciosa ...... Harper’s Heartleaf ...... Vascular Plant ...... X ...... X X Hymenocallis henryae ...... Henry’s Spider-lily ...... Vascular Plant ...... X X ...... X ...... Hypericum edisonianum ...... Edison’s Ascyrum ...... Vascular Plant ...... X ...... X ...... Hypericum lissophloeus ...... Smooth-barked St. John’s-wort .... Vascular Plant ...... X ...... X ...... Illicium parviflorum ...... Yellow Anisetree ...... Vascular Plant ...... X X ...... X ...... Isoetes hyemalis ...... Winter or Evergreen Quillwort ...... Vascular Plant ...... X ...... X ...... Isoetes microvela ...... Thin-wall Quillwort ...... Vascular Plant ...... X ...... X X Lilium iridollae ...... Panhandle Lily...... Vascular Plant...... X X X X ...... Lindera subcoriacea ...... Bog Spicebush ...... Vascular Plant ...... X ...... X X Linum westii ...... West’s Flax ...... Vascular Plant ...... X ...... X ...... Lobelia boykinii ...... Boykin’s Lobelia ...... Vascular Plant ...... X ...... X X Ludwigia brevipes ...... Long Beach Seedbox ...... Vascular Plant ...... X ...... X ...... Ludwigia spathulata ...... Spathulate Seedbox ...... Vascular Plant ...... X ...... X ...... Luwigia ravenii ...... Raven’s Seedbox ...... Vascular Plant ...... X ...... X X Lythrum curtissii ...... Curtis’s Loosestrife ...... Vascular Plant ...... X ...... X ...... Lythrum flagellare ...... Lowland Loosestrife ...... Vascular Plant ...... X ...... X ...... Macbridea caroliniana ...... Carolina Birds-in-a-nest ...... Vascular Plant ...... X ...... X X Marshallia grandiflora ...... Large-flowered Barbara’s-buttons Vascular Plant ...... X ...... X ...... Minuartia godfreyi ...... Godfry’s Stitchwort ...... Vascular Plant ...... X ...... X ...... Najas filifolia ...... Narrowleaf Naiad ...... Vascular Plant ...... X ...... X X ...... Nuphar lutea ssp. sagittifolia ...... Cape Fear Spatterdock or Yellow Vascular Plant ...... X ...... X X Pond Lily. Nuphar lutea ssp. ulvacea ...... West Florida Cow-lily ...... Vascular Plant ...... X ...... X ...... Nyssa ursina ...... Bear Tupelo or Dwarf Blackgum .. Vascular Plant ...... X ...... X X Oncidium undulatum ...... Cape Sable Orchid ...... Vascular Plant ...... X ...... X ...... Physostegia correllii ...... Correll’s False Dragonhead ...... Vascular Plant ...... X ...... X ...... Potamogeton floridanus ...... Florida Pondweed ...... Vascular Plant ...... X ...... X ...... Potamogeton tennesseensis ...... Tennessee Pondweed ...... Vascular Plant ...... X ...... X X Ptilimnium ahlesii ...... Carolina Bishopweed ...... Vascular Plant ...... X ...... X X Rhexia parviflora ...... Small-flower Meadow-beauty ...... Vascular Plant ...... X ...... X X Rhexia salicifolia ...... Panhandle Meadow-beauty ...... Vascular Plant ...... X ...... X ...... Rhynochospora crinipes ...... Hairy-peduncled Beakbush ...... Vascular Plant ...... X ...... X ...... Rhynchospora thornei ...... Thorne’s Beakbush ...... Vascular Plant ...... X ...... X ...... Rudbeckia auriculata ...... Eared Coneflower ...... Vascular Plant ...... X ...... X X X Rudbeckia heliopsidis ...... Sun-facing Coneflower ...... Vascular Plant ...... X ...... X ...... Salix floridana ...... Florida Willow ...... Vascular Plant ...... X ...... X X Sarracenia purpurea var. montana Mountain purple pitcherplant ...... Vascular Plant ...... X X ...... X ...... Sarracenia rubra ssp. gulfensis ..... Gulf Sweet Pitcherplant ...... Vascular Plant ...... X ...... X ...... Sarracenia rubra ssp. wherryi ...... Wherry’s Sweet Pitcherplant ...... Vascular Plant ...... X ...... X ...... Schoenoplectus hallii ...... Hall’s Bulrush ...... Vascular Plant ...... X ...... X X X Scutellaria ocmulgee ...... Ocmulgee Skullcap ...... Vascular Plant ...... X ...... X X Sideroxylon thornei ...... Swamp Buckhorn or GA Bully ...... Vascular Plant ...... X ...... X X ...... Solidago arenicola ...... Southern Racemose Goldenrod ... Vascular Plant ...... X ...... X X Sporobolus teretifolius ...... Wire-leaved Dropseed ...... Vascular Plant ...... X ...... X ...... Stellaria fontinalis ...... Water Stitchwort ...... Vascular Plant ...... X ...... X X Symphyotrichum puniceum var. Rough-stemmed Aster ...... Vascular Plant ...... X ...... X ...... scabricaule. Thalictrum debile ...... Southern Meadowrue ...... Vascular Plant ...... X ...... X X Trillium texanum ...... Texas Trillium ...... Vascular Plant ...... X ...... X X

VerDate Mar<15>2010 16:59 Sep 26, 2011 Jkt 223001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\27SEP4.SGM 27SEP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 59862 Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Proposed Rules

TABLE 2—THREATS FOR THE 374 SPECIES AS CLASSIFIED BY THE PETITIONERS—Continued

Factor Scientific name Common name Taxon A B C D E

Tsuga caroliniana ...... Carolina Hemlock ...... Vascular Plant ...... X ...... X X ...... Vicia ocalensis ...... Ocala Vetch ...... Vascular Plant ...... X ...... X X Waldsteinia lobata ...... Lobed Barren-strawberry ...... Vascular Plant ...... X ...... X X Xyris longisepala ...... Kral’s Yellow-eyed Grass ...... Vascular Plant ...... X ...... X ...... Factor A: Present or threatened destruction, modification or curtailment of its habitat or range. Factor B: Overutilization for commercial, recreational, scientific, or educational purposes. Factor C: Disease or predation. Factor D: Inadequacy of existing regulatory mechanisms. Factor E: Other natural or manmade factors.

Evaluation of the Information Provided commercial information indicating that mean that the 12-month finding will in the Petition and Available in Service listing 18 species that are current result in a warranted finding. Files candidate species or the subjects of We previously determined that We reviewed and evaluated 374 of proposed rules to list may be warranted. emergency listing of any of the 404 404 species in the petition, as well as The 18 species (listed with details in the petitioned species is not warranted. the additional information contained in Petition History section) are sicklefin However, if at any time we determine the second petition for the Carolina redhorse, laurel dace, spectaclecase, that emergency listing of any of the hemlock and the supplemental narrow pigtoe, round ebonyshell, species is warranted, we will initiate an information provided for the Panama southern sandshell, sheepnose, fuzzy emergency listing at that time. City crayfish. Due to the large number pigtoe, southern kidneyshell, The petitioners requested that critical of species reviewed, we were only able rabbitsfoot, tapered pigtoe, Choctaw habitat be designated concurrent with to conduct cursory reviews of the bean, rayed bean, black mudalia, listing under the Act. If we determine in information in our files and the Coleman cave beetle, Black Warrior our 12-month finding, following the literature cited in the petition. For many waterdog, Yadkin River goldenrod, and status review of the species, that listing of the narrowly endemic species the snuffbox. As a warranted is warranted, we will address the included in the 374 species, we had no determination for listing has already designation of critical habitat in the additional information in our files and been made for these species, we will not subsequent proposed rule. relied solely on the information be initiating status reviews for these References Cited provided in the petition and provided species at this time. Further information through NatureServe. on the assessments for these 18 species A complete list of references cited is available on the Internet at http:// Finding can be found at http://ecos.fws.gov/ tess_public/. www.regulations.gov and upon request On the basis of our evaluation under from the Southeast Ecological Services The ‘‘substantial information’’ section 4(b)(3)(A) of the Act, we Regional Office (see FOR FURTHER standard for a 90-day finding differs determine that the petition presents INFORMATION CONTACT). substantial scientific or commercial from the Act’s ‘‘best scientific and information that listing 374 species commercial data’’ standard that applies Authors (listed in Table 2) as endangered or to a status review to determine whether The primary authors of this document threatened under the Act may be a petitioned action is warranted. A 90- are the staff members of the Southeast warranted. This finding is based on day finding does not constitute a status Region Ecological Services Offices. information provided under Factors A, review under the Act. In a 12-month Authority: The authority for this action is B, C, D, and E. Because we have found finding, we will determine whether a petitioned action is warranted after we Section 4 of the Endangered Species Act of that the petition presents substantial 1973, as amended (16 U.S.C. 1531 et seq.) information indicating that listing may have completed a thorough status be warranted, we are initiating status review of the species, which is Dated: September 12, 2011. reviews to determine whether listing conducted following a substantial 90- Rowan W. Gould, these species under the Act is day finding. Because the Act’s standards Acting Director, U.S. Fish and Wildlife warranted. for 90-day and 12-month findings are Service. In addition, we find that the petition different, as described above, a [FR Doc. 2011–24633 Filed 9–26–11; 8:45 am] presents substantial scientific or substantial 90-day finding does not BILLING CODE 4310–55–P

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