Thursday, December 6, 2007

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Review of Native Species That Are Candidates for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions; Proposed Rule

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69034 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

DEPARTMENT OF THE INTERIOR candidate species and in management best available scientific and commercial for conserving them. We also request information. As defined in section 3 of Fish and Wildlife Service information on additional species that the Act, an endangered species is any we should consider including as species which is in danger of extinction 50 CFR Part 17 candidates as we prepare future updates throughout all or a significant portion of of this notice. its range, and a threatened species is Endangered and Threatened Wildlife This document also includes our any species which is likely to become and Plants; Review of Native Species findings on resubmitted petitions and an endangered species within the That Are Candidates for Listing as describes our progress in revising the foreseeable future throughout all or a Endangered or Threatened; Annual Lists of Endangered and Threatened significant portion of its range. Through Notice of Findings on Resubmitted Wildlife and Plants during the period the Federal rulemaking process, we add Petitions; Annual Description of September 26, 2006, through September species that meet these definitions to Progress on Listing Actions 30, 2007. the List of Endangered and Threatened AGENCY: Fish and Wildlife Service, DATES: We will accept comments on the Wildlife at 50 CFR 17.11 or the List of Interior. most recent Candidate Notice of Review Endangered and Threatened Plants at 50 CFR 17.12. As part of this program, we ACTION: Notice of review. at any time. ADDRESSES: Submit your comments maintain a list of species that we regard SUMMARY: In this Candidate Notice of regarding a particular species to the as candidates for listing. A candidate Review (CNOR), we, the U.S. Fish and Regional Director of the Region species is one for which we have on file Wildlife Service (Service), present an identified in SUPPLEMENTARY sufficient information on biological updated list of plant and animal species INFORMATION as having the lead vulnerability and threats to support a native to the United States that we responsibility for that species. You may proposal to list as endangered or regard as candidates for or have mail or fax comments of a more general threatened, but for which preparation proposed for addition to the Lists of nature to the Chief, Division of and publication of a proposal is Endangered and Threatened Wildlife Conservation and Classification, U.S. precluded by higher-priority listing and Plants under the Endangered Fish and Wildlife Service, 4401 N. actions. Species Act of 1973, as amended. Fairfax Drive, Room 420, Arlington, VA We maintain this list of candidates for Identification of candidate species can 22203 (facsimile 703/358–2171). a variety of reasons: to notify the public assist environmental planning efforts by Written comments and materials we that these species are facing threats to providing advance notice of potential receive in response to this notice will be their survival; to provide advance listings, allowing landowners and available for public inspection by knowledge of potential listings that resource managers to alleviate threats appointment at the Division of could affect decisions of environmental and thereby possibly remove the need to Conservation and Classification (for planners and developers; to provide list species as endangered or threatened. comments of a general nature only) or information that may stimulate and Even if we subsequently list a candidate at the appropriate Regional Office listed guide conservation efforts that will species, the early notice provided here in SUPPLEMENTARY INFORMATION. remove or reduce threats to these could result in more options for species Species assessment forms with species and possibly make listing management and recovery by prompting information and references on a unnecessary; to solicit input from candidate conservation measures to particular candidate species’ range, interested parties to help us identify alleviate threats to the species. status, habitat needs, and listing priority those candidate species that may not The CNOR summarizes the status and assignment are available for review at require protection under the Act or threats that we evaluated in order to the appropriate Regional Office listed additional species that may require the determine that species qualify as below in SUPPLEMENTARY INFORMATION or Act’s protections; and to solicit candidates and to assign a listing at the Division of Conservation and necessary information for setting priority number (LPN) to each species, Classification, Arlington, Virginia (see priorities for preparing listing proposals. or to remove species from candidate address above), or on our Internet Web We strongly encourage collaborative status. Additional material that we site (http://endangered.fws.gov/ conservation efforts for candidate relied on is available in the Species candidates/index.html). species and offer technical and financial assistance to facilitate such efforts. For Assessment and Listing Priority FOR FURTHER INFORMATION CONTACT: The additional information regarding such Assignment Forms (species assessment Endangered Species Coordinator(s) in assistance, please contact the forms, previously called candidate the appropriate Regional Office(s) or appropriate Regional Office listed in forms) for each candidate species. Chris Nolin, Chief, Division of Overall, this CNOR recognizes 5 new Conservation and Classification SUPPLEMENTARY INFORMATION or visit our candidates, changes the LPN for 29 (telephone 703–358–2171; facsimile Internet Web site, http:// candidates, and removes 4 species from 703–358–1735). Persons who use a endangered.fws.gov/candidates/ candidate status. Combined with other telecommunications device for the deaf index.html. decisions for individual species that (TDD) may call the Federal Information Previous Notices of Review were published separately from this Relay Service (FIRS) at 800–877–8339. CNOR, the new number of species that We have been publishing candidate are candidates for listing is 280. SUPPLEMENTARY INFORMATION: notices of review (CNOR) since 1975. We request additional status Candidate Notice of Review The most recent CNOR (prior to this information that may be available for CNOR) was published on September 12, the 280 candidate species identified in Background 2006 (71 FR 53755). CNORs published this CNOR. We will consider this The Endangered Species Act of 1973, since 1994 are available on our Internet information in preparing listing as amended (16 U.S.C. 1531 et seq.) Web site, http://www.fws.gov/ documents and future revisions to the (Act), requires that we identify species endangered/candidates/index.html. For notice of review, as it will help us in of wildlife and plants that are copies of CNORs published prior to monitoring changes in the status of endangered or threatened, based on the 1994, please contact the Division of

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69035

Conservation and Classification (see distinct population segments of and published in the Federal Register, ADDRESSES section above). vertebrate species, and species for while work on others is still under way. On September 21, 1983, we published which listing is appropriate in a See the discussions of Preclusion and guidance for assigning an LPN for each significant portion of their range. Expeditious Progress, below, for candidate species (48 FR 43098). Using The result of the ranking system is details.) this guidance, we assign each candidate that we assign each candidate a listing Based on our review of the best an LPN of 1 to 12, depending on the priority number of 1 to 12. For example, available scientific and commercial magnitude of threats, imminence of if the threat(s) is of high magnitude, information, with this CNOR we threats, and taxonomic status; the lower with immediacy classified as imminent, identify 5 new candidate species (see the LPN, the higher the listing priority the listable entity is assigned an LPN of New Candidates, below), change the (that is, a species with an LPN of 1 1, 2, or 3 based on its taxonomic status LPN for 28 candidates (see Listing would have the highest listing priority). (e.g., if the species is the only member Priority Changes in Candidates, below) Such a priority ranking guidance system of a genus, it would be assigned to the and determine that listing proposals are is required under section 4(h)(3) of the LPN 1 category, a full species to LPN 2, not warranted for 4 species and thus Act (15 U.S.C. 1533(h)(3)). As explained and a subspecies, DPS, or significant remove them from candidate status (see below, in using this system we first portion of the range to LPN 3). In Candidate Removals, below). Combined categorize based on the magnitude of summary, the LPN ranking system with the other decisions published the threat(s), then by the immediacy of provides a basis for making decisions separately from this CNOR for the threat(s), and finally by taxonomic about the relative priority for preparing individual species that previously were status. a proposed rule to list a given species. candidates, a total of 280 species Under this priority ranking guidance No matter which LPN we assign to a (including 139 plant and 141 animal system, magnitude of threat can be species, each species included in this species) are now candidates awaiting either ‘‘high’’ or ‘‘moderate to low.’’ notice as a candidate is one for which preparation of rules proposing their This criterion helps ensure that the we have sufficient information to listing. These 280 species, along with species facing the greatest threats to prepare a proposed rule to list it because the 2 species currently proposed for their continued existence receive the it is in danger of extinction or likely to listing, are included in Table 1. (Note, highest listing priority. It is important to become endangered within the regarding the two species currently recognize that all candidate species face foreseeable future throughout all or a proposed for listing, we proposed one threats to their continued existence, so significant portion of its range. since the last CNOR and we proposed the magnitude of threats is in relative For more information on the process the other prior to the last CNOR.) terms. When evaluating the magnitude and standards used in assigning LPNs, of the threat(s) facing the species, we a copy of the guidance is available on Table 2 includes 8 species identified consider information such as: the our Web site at: http://www.fws.gov/ in the previous CNOR as either number of populations and/or extent of endangered/policy/index.html. For proposed for listing or classified as range of the species affected by the more information on the LPN assigned candidates that are no longer in those threat(s); the biological significance of to a particular species, the species categories. This includes four species the affected population(s), taking into assessment for each candidate contains for which we published separate consideration the life history the LPN chart and a detailed findings that listing is not warranted, characteristics of the species and its explanation of the rationale for the plus the four species that we have current abundance and distribution; determination of the magnitude and determined do not warrant preparation whether the threats affect the species in imminence of threat(s) and assignment of a rule to propose listing and therefore only a portion of its range, and if so the of the LPN; that information is have removed from candidate status in likelihood of persistence of the species summarized in this CNOR. this CNOR. in the unaffected portions; and whether This revised notice supersedes all New Candidates the effects are likely to be permanent. previous animal, plant, and combined As used in our priority ranking candidate notices of review. Below we present brief summaries of system, immediacy of threat is five new candidates that we are categorized as either ‘‘imminent’’ or Summary of This CNOR recognizing in this CNOR, including one ‘‘nonimminent’’ and is not a measure of Since publication of the CNOR on species of mammal, one amphibian, one how quickly the species is likely to September 12, 2006 (71 FR 53756), we fish, one snail, and one plant. Complete become extinct if the threats are not reviewed the available information on information, including references, can addressed; rather, immediacy is based candidate species to ensure that a be found in the species assessment on when the threats will begin. If a proposed listing is justified for each forms. You may obtain a copy of these threat is currently occurring or likely to species, and reevaluated the relative forms from the Regional Office having occur in the very near future, we LPN assigned to each species. We also the lead for the species, or from our classify the threat as imminent. evaluated the need to emergency-list Internet Web site (http:// Determining the immediacy of threats any of these species, particularly species endangered.fws.gov/candidates/ helps ensure that species facing actual, with high priorities (i.e., species with index.html). For each of these five identifiable threats are given priority for LPNs of 1, 2, or 3). This review and species, we find that we have on file listing proposals over those for which reevaluation ensures that we focus sufficient information on biological threats are only potential or species conservation efforts on those species at vulnerability and threats to support a intrinsically vulnerable to certain types greatest risk first. (In addition to proposal to list as endangered or of threats but not known to be presently reviewing candidate species, we have threatened, but that preparation and facing such threats. worked on numerous findings in publication of a proposal is precluded Our priority ranking system has three response to petitions to list species, and by higher-priority listing actions (i.e., categories for taxonomic status: Species on proposed and final determinations these meet our definition of a candidate that are the sole members of a genus; for rules to list species under the Act; species). We also note below that one full species (in a genus that has more some of these findings and other species, Casey’s June beetle (an than one species); and subspecies, determinations have been completed insect), was identified as a candidate

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69036 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

earlier this year in a separate finding population segment would result in a populations in Sale and Soddy creeks published in the Federal Register. significant gap in the range of the taxon, combined with vulnerable status of the and that the population segment differs populations in Soddy and Sale creeks Mammals markedly from other populations of the constitute threats collectively of high New Mexico meadow jumping mouse species in its genetic characteristics. magnitude, but are nonimminent. (Zapus hudsonius luteus)—The The population is discrete from the Therefore, we assigned the laurel dace following summary is based on Mogollon Rim population of Arizona an LPN of 5. information contained in our files. The and New Mexico based on a physical Snails New Mexico meadow jumping mouse separation of 130 miles, and from the (jumping mouse) is endemic to New Sierra Madre Occidental population in San Bernardino springsnail Mexico, Arizona, and a small area of Sonora and Chihuahua, Mexico by 145 (Pyrgulopsis bernardina)—This species southern Colorado. The jumping mouse miles. is endemic to one natural spring, Snail nests in dry soils but uses moist, The most significant threats to the Spring, on private lands, and one streamside, dense riparian/wetland existence of the Huachuca/Canelo artificial spring, Tule Spring, on vegetation. Recent genetic studies population of the Arizona treefrog are, National Wildlife Refuge lands, in the confirm that the New Mexico meadow in order of importance, habitat loss or Rio Yaqui basin of Cochise County, jumping mouse is a distinct subspecies degradation and direct mortality due to Arizona. The species was formerly from other Zapus hudsonius subspecies, catastrophic fire; loss of populations known from six to eight springs. Known confirming the currently accepted due to drought or floods, which may be threats include water diversion, spring subspecies designation. exacerbated by climatic extremes; modification, and contaminants, while The threats that have been identified predation by introduced species; and suspected threats include livestock are excessive grazing pressure, water habitat degradation caused by livestock grazing and groundwater depletion. The use and management, highway grazing, off-highway vehicles, and San Bernardino National Wildlife reconstruction, development, and environmental contamination. The Refuge is actively managing Tule Spring recreation. Surveys conducted in 2005 effects of these threats are exacerbated and is attempting to acquire the and 2006 documented a drastic decline by small population sizes and low property containing Snail Spring. in the number of occupied localities and genetic diversity, as the Huachuca/ However, the Refuge cannot address the suitable habitat across the range of the Canelo Hills population has less than 20 potential threat from groundwater species in New Mexico and Arizona. Of known localities, each with observed depletion without assistance from local the original 98 known historical breeding populations of 2–30 stakeholders. The magnitude of threats localities, there are now only 10 known individuals. Taken together, these is high because the limited distribution extant localities in New Mexico, 1 in threats are of high magnitude, of this narrow endemic makes any Arizona, and an additional 8 localities particularly in Arizona. The threats are catastrophic event likely to result in that have not been surveyed since the also imminent or ongoing, particularly extinction of the species. The threats are early to mid 1990s. Moreover, the highly the threat of catastrophic wildfire; there ongoing and therefore imminent. Thus, fragmented nature of its distribution is have been several recent catastrophic we have assigned an LPN of 2 for the also a major contributor to the fires in the Huachuca Mountains. San Bernardino springsnail. vulnerability of this species and Therefore, we have assigned an LPN of increases the likelihood of very small, 3 to this population. Insects isolated populations being extirpated. Casey’s June beetle (Dinacoma The paucity of secure populations, and Fish caseyi)—We previously announced the destruction, modification, or Laurel dace (Phoxinus saylori)—The candidate status for this species in a curtailment of its habitat, poses the most laurel dace is a rare minnow known separate warranted but precluded 12- immediate threats to this species. only from three independent systems on month petition finding published on Because the threats affect the jumping the Walden Ridge section of the July 5, 2007 (72 FR 36635). mouse in all but two of the extant Cumberland Plateau, including Soddy localities, the threats are of a high Creek, Sale Creek, and Piney River. The Plants magnitude. These threats are currently primary threats to the laurel dace stem Eriogonum corymbosum var. nilesii occurring and, therefore, are imminent. from impacts to riparian and instream (Las Vegas buckwheat)—The following Thus, we assigned an LPN of 3 to this habitat resulting from incompatible land information is based on information subspecies. uses. The riparian habitats associated contained in our files. The Las Vegas with some streams occupied by laurel buckwheat is a woody perennial shrub Amphibians dace have been affected by extensive up to 4 feet high with a mounding Arizona treefrog, Huachuca/Canelo timber removal activities on Walden shape. The flowers of this plant are Distinct Population Segment (DPS) Ridge in their vicinity; these activities numerous, small and yellow with small (Hyla wrightorum)—The following often do not employ adequate bract like leaves at the base of each summary is based on information in our streamside management zones or best flower. The Las Vegas buckwheat is very files. The population is known from management practices for road conspicuous when flowering in late three general localities at Rancho Los construction. Proposed projects, September and early October. It is Fresnos, northern Sonora, Mexico, and including installation of a water line restricted to gypsum soil outcroppings 13–15 verified localities and one that would cross occupied streams and in Clark and Lincoln Counties, Nevada. unverified locality in the Huachuca construction of an impoundment on a Only recently has the taxonomy of the Mountains and Canelo Hills of Arizona. tributary to an occupied stream, present subspecies been confirmed using The population is both discrete and additional direct and indirect threats to molecular genetic analyses. significant in accordance with our laurel dace habitat in the headwaters of Loss of habitat from development is a February 7, 1996, DPS policy (61 FR Sale and Soddy creeks. We believe that significant threat with over 95 percent 4721). Evidence exists that the DPS the threat of habitat degradation from of the historic range and potential persists in an ecological setting that is siltation across the range of laurel dace habitat of the subspecies lost to unique for the taxon, that loss of the and the localized threats facing development. In 2005, the Las Vegas

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69037

buckwheat was known from nine groups in French Polynesia, and G. believed to be of a moderate magnitude locations on approximately 1,149 acres. stairi is endemic to Samoa, Tonga, and rather than a high magnitude. However, since that time, approximately Fiji. All six species have some level of Kittlitz’s Murrelet (Brachyramphus 289 acres were or soon will be threatened status on the International brevirostris)—Kittlitz’s murrelet is a developed, and the current distribution Union for Conservation of Nature and small diving seabird whose entire North of the plant occupies 892 acres. In Natural Resources (IUCN) Red List. American population, and most of the addition, OHV activity and other public Some authors recognize two subspecies world’s population, inhabits Alaskan land uses (casual public use, mining, of the friendly ground-dove, one, coastal waters discontinuously from and dumping) directly and indirectly slightly smaller, in the Samoan Point Lay south to northern portions of threaten over half of the remaining archipelago (G. s. stairi), and one in Southeast Alaska. Kittlitz’s murrelets habitat. To date, regulatory mechanisms Tonga and Fiji (G. s. vitiensis), but are associated with tidewater glaciers. to protect the Las Vegas buckwheat are morphological differences between the The current population estimate for inadequate. Its designation as a BLM two are minimal. Kittlitz’s murrelets in Alaska is special status species and limited In American Samoa, the friendly approximately 16,700 birds, a decline of resource and law enforcement personnel ground-dove has been found on the 74 to 84 percent during the past 10 to has not provided adequate protection on islands of Ofu and Olosega (Manua 20 years. New survey information lands managed by the BLM. The Las Group). Threats to this subspecies have supports and strengthens the negative Vegas buckwheat is not protected by the not changed over the past year. Of the population trend estimates that have State of Nevada or any other regulatory primary threats to the subspecies been previously reported. mechanisms on other federal lands. We (predation by nonnative species and Threats to Kittlitz’s murrelets include have determined that candidate status is natural catastrophes such as large-scale processes such as global climate change and marine climate warranted for the Las Vegas buckwheat hurricanes), predation by nonnative regime shift. These large-scale processes as a result of threats to the remaining species is thought to be occurring now, may influence Kittlitz’s murrelet 892 acres of Las Vegas buckwheat. and predation likely has been occurring survival and reproduction. Glacial Conservation measures are being for several decades. This predation may retreat, a global phenomenon that affects developed that could reduce the amount be an important impediment to many of the glaciers with which of occupied habitat at risk, but we increasing the population. Predation by Kittlitz’s murrelets are associated, is believe it would be premature to introduced species has played a associated with changing forage fish consider these measures sufficiently significant role in reducing, limiting, availability and may result in increased complete as to remove these threats. The and extirpating populations of island magnitude of threats is high since the predation from corvids (retreat of birds, especially ground-nesters, in the glaciers allows corvids easier access to more significant threats (development Pacific and other locations worldwide. and surface mining) would result in murrelets on which they prey). Even if Nonnative predators known or thought the causes of rapid climate warming direct mortality of the plants in over to occur in the range of the friendly half of its’ habitat. While both were curbed today, feedback ground-dove in American Samoa are mechanisms would result in the development and mining are very likely feral cats (Felis catus), Polynesian rats to occur in the future, they are not continued retreat of tidewater glaciers (Rattus exulans), black rats (R. rattus), expected to happen in the immediate into the foreseeable future. In addition, and Norway rats (R. norvegicus). future, and thus, the threats are the declining population trend makes nonimminent. Accordingly, we assigned In January 2004 and February of 2005, this species particularly susceptible to the Las Vegas buckwheat an LPN of 6. hurricanes virtually destroyed the ongoing threats from other human habitat of G. stairi in an area on Olosega activities, including oil spills, bycatch Listing Priority Changes in Candidates Island where the species had been most in commercial gillnet fisheries, and We reviewed the LPN for all frequently recorded. Although this disturbance by tour boats. Kittlitz’s candidate species and are changing the species has coexisted with severe storms murrelets are believed to have been numbers for the following species. Some for millennia, this example illustrates seriously affected by the Exxon Valdez of the changes reflect actual changes in the potential for natural disturbance to oil spill in Prince William Sound (PWS) either the magnitude or imminence of exacerbate the effect of anthropogenic in 1989. Estimates of direct mortality of the threats, and in one case, the LPN disturbance on small populations. Kittlitz’s murrelets from this oil spill change reflects a change in the Consistent monitoring using a variety of constituted a loss of 7 to15 percent of taxonomy of the species. For some methods over the last 5 years yielded the PWS population. Catastrophic species, our changes in the LPN reflect few observations of this taxon in events such as oil spills could have a efforts to ensure national consistency as American Samoa. The total population significant negative effect on the well as closer adherence to the 1983 size is poorly known, but is unlikely to population of this already diminished guidelines in assigning these numbers, number more than a few hundred pairs. species. Susceptibility to mortality as rather than a change in the nature of the The past five years or so of surveys have bycatch in commercial fishing could be threats. revealed no change in the relative a significant factor in their population abundance of this taxon in American decline; Kittlitz’s murrelets are caught Birds Samoa. The distribution of the friendly in gill nets in numbers disproportionate Friendly ground-dove, American ground-dove is limited to steep, forested to their density. In PWS, salmon gillnet Samoa DPS (Gallicolumba stairi stairi)— slopes with an open understory and a fisheries occur each summer in or near The following summary is based on substrate of fine scree or exposed earth; Kittlitz’s murrelet habitat. Kittlitz’s information contained in our files. The this habitat is not common in American murrelets represented 5 percent and 30 genus Gallicolumba is distributed Samoa. We revised the LPN from a 6 to percent of murrelet bycatch in gillnets throughout the Pacific and Southeast a 9 to better reflect the fact that the during 1990 and 1991, respectively. Asia. The genus is represented in the threats posed to the friendly ground- Tour boat visitation to glacial fjords is oceanic Pacific by six species. Three are dove (its small population size and a growing industry, and this activity endemic to Micronesian islands or nonnative predators), while imminent may increasingly disrupt Kittlitz’s archipelagos, two are endemic to island and occurring throughout its range, are murrelet feeding behavior; tour boats

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69038 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

may provide artificial perch sites for Island in southern California, which has resulted in the previous listing priority avian predators. The number of cruise resulted in improvements in of a 2. While this proposed LNG facility ships allowed into Glacier Bay has reproductive success at that island. In no longer poses a threat, the remaining increased 30 percent since 1985, while southern California, there are also plans threats, in particular oil spills, are high smaller charter boats and private boats to remove rats from San Miguel Island, in magnitude since they have the have increased 8 percent and 15 and to restore nesting habitat on Santa potential to cause direct mortality and percent, respectively. An increase in Barbara Island through the Montrose reduce reproductive success throughout tour boat operations has been noted in Settlements Restoration Project, which a majority of the species’ range. The Kenai Fjords National Park as well. may benefit the Xantus’s murrelet threats are nonimminent since they are Disturbance can disrupt feeding birds population at those islands. not currently occurring. Therefore, we and persistent boat traffic may prevent Artificial lighting from squid fishing have changed the LPN from a 2 to a 5. murrelets from using high quality and other vessels, or lights on islands, Reptiles foraging areas. remains a potential threat to the species. Based on the observed population Bright lights make Xantus’s murrelets Louisiana pine snake (Pituophis trajectory and the severity of present more susceptible to predation, and they ruthveni)—The Louisiana pine snake threats (rapid glacial retreat, acute and can also become disoriented and (LPS) historically occurred in fire- chronic oil spills, commercial gillnet exhausted from continual attraction to maintained longleaf-pine ecosystems of fishing, and human disturbance from bright lights. Chicks can become west-central Louisiana and extreme tour boats), the threats to this species disoriented and separated from their east-central Texas. Those ecosystems are high in magnitude and imminent. parents at sea, which could result in provided an herbaceous layer necessary We changed the LPN from a 5 to a 2 to death of the dependent chicks. High- to maintain the Louisiana pine snake’s reflect that the threats to this species are wattage lights on commercial market primary prey, the Baird’s pocket gopher. ongoing. squid (Loligo opalescens) fishing vessels Current potentially occupied habitat in Xantus’s murrelet (Synthliboramphus used at night to attract squid to the Louisiana and Texas is estimated to be hypoleucus)—The Xantus’s murrelet is a surface of the water in the Channel approximately 300,000 acres, with 70 small seabird in the Alcid family that Islands was the suspected cause of percent occurring on public lands and occurs along the west coast of North unusually high predation on Xantus’s 30 percent in private ownership. Results America in the United States and murrelets by western gulls and barn of trapping and radio-telemetry surveys Mexico. The species has a limited owls at Santa Barbara Island in 1999. To suggest that extensive population breeding distribution, only nesting on address this threat, in 2000, the declines and local extirpations have the Channel Islands in southern California Fish and Game Commission occurred during the last 50 to 80 years. California and on islands off the west required light shields and a limit of To address those issues on public lands, coast of Baja California, Mexico. 30,000 watts per boat; it is unknown if a Candidate Conservation Agreement Although data on population trends are this is sufficient to reduce impacts. (CCA) was completed in 2003 to scarce, the population is suspected to Squid fishing has not occurred at a maintain and enhance potentially have declined greatly over the last particularly noticeable level near any of occupied habitat, and protect known century, mainly due to introduced the colonies in the Channel Islands Louisiana-pine-snake populations. predators such as rats (Rattus sp.) and since 1999; however, this remains a Much of the public land is now being feral cats (Felis catus) to nesting islands, potential future threat. managed on longer rotations (i.e., 70+ with extirpations on three islands in A proposal to build a liquid natural years) where silvicultural prescriptions Mexico. A dramatic decline (up to 70 gas (LNG) facility 600 meters (1,969 feet) include smaller clearcuts, midstory percent) from 1977 to 1991 was detected off the Coronados Islands in Baja removal, thinning, and prescribed fire. at the largest nesting colony in southern California, Mexico, was considered a Private lands generally are not managed California, possibly due to high levels of potential major threat to the species. to support the longleaf-pine ecosystem predation on eggs by the endemic deer This island contains one of the largest and its characteristic herbaceous layer; mouse (Peromyscus maniculatus nesting populations of Xantus’s however, several private landowners elusus). Identified threats include murrelets in the world. Potential with known Louisiana-pine-snake introduced predators at nesting impacts of this facility to the nesting populations continue to be involved in colonies, oil spills and oil pollution, colony included bright lights at night conservation efforts with reported reduced prey availability, human from the facility and visiting tanker conservation of more than 2,000 acres in disturbance, and artificial light vessels, noise from the facility or from 2006. pollution. helicopters visiting the facility, and the Within both the public and private Although substantial declines in the threat of oil spills associated with sectors, interest in longleaf-pine Xantus’s murrelet population likely visiting tanker vessels. However, restoration appears to be growing and occurred over the last century, some of Chevron announced in March 2007 that with the appropriate emphasis could the largest threats are being addressed, they have abandoned plans to develop slow or reverse habitat loss trends. To and, to some degree, ameliorated. this facility and withdrew their permits. address this and other issues, the LPS Declines and extirpations at several LNG facilities are proposed for Conservation Group is expanding nesting colonies were thought to have construction in the Channel Islands; conservation efforts through the been caused by nonnative predators, however, these are early in the complex development of a Comprehensive which have been removed from many of and long-term planning processes; it is Conservation Plan that would build the islands where they once occurred. possible that none of these facilities will upon the CCA success. Other factors Most notably, since 1994, Island be built. In addition, none of them are affecting Louisiana pine snakes Conservation and Ecology Group has directly adjacent to nesting colonies, throughout its range include low systematically removed rats, cats, and where their impacts would be expected fecundity, which magnifies other threats dogs from every murrelet nesting colony to be more significant. and increases the likelihood of local in Mexico, with the exception of cats We considered the LNG facility off the extinctions, and vehicular mortality, and dogs on Guadalupe Island. In 2002, Coronados Islands to be an imminent which can significantly affect Louisiana- rats were eradicated from Anacapa threat of high magnitude, which pine-snake population and community

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69039

structure. While the magnitude of frogs and their habitat to the extent pervasive and problematic, the overall Louisiana-pine-snake habitat loss has necessary to prevent populations from magnitude of the threat is moderate as been great in the past and the remaining becoming extirpated throughout all or a there has not been a steep rate of decline habitat is degraded, habitat loss does not portion of their historic range and to in this species population. Water quality represent an imminent threat, because maintain, enhance, and restore a degradation in the Black Warrior basin the rate of habitat loss is declining. sufficient number of populations of is ongoing; therefore, the threats are Additionally, pro-active partnerships to Columbia spotted frogs and their imminent. We changed the LPN from a address key management concerns and associated habitat to ensure their 2 to an 8 for this species since the research needs are resulting in some continued existence throughout their threats are of a moderate rather than additional long-leaf pine habitat that is historical range. Additionally, a high magnitude. suitable for the Louisiana pine snake or Candidate Conservation Agreement with Clams its prey species. However, while Assurances was completed in 2006 for conservation actions have produced the Owyhee subpopulation at Sam Fluted kidneyshell (Ptychobranchus needed results, they have not yet Noble Springs, Idaho. Because these subtentum)—The fluted kidneyshell is a adequately reduced threats to the conservation agreements have reduced freshwater mussel (Unionidae) endemic species, particularly on private land. the magnitude of the imminent threats to the Cumberland and Tennessee River The lack of adequate habitat still poses from high to moderate, we changed the systems (Cumberlandian Region) in a threat and when coupled with the very LPN from a 3 to a 9 for this DPS of the Alabama, Kentucky, Tennessee, and low fecundity rate and extremely low Columbia spotted frog. Virginia. It requires shoal habitats in population size (based on capture rates Black Warrior waterdog (Necturus free-flowing rivers to survive and and population estimates) make the alabamensis)—The Black Warrior successfully recruit new individuals threat high in magnitude. Overall, due waterdog is a salamander that inhabits into its populations. to nonimminent, high-magnitude streams above the Fall Line within the This species has been extirpated from threats, we changed the LPN from an 8 Black Warrior River Basin in Alabama. numerous regional streams and is no to a 5 for this species. There is very little specific locality longer found in the State of Alabama. information available on the historical Habitat destruction and alteration (e.g., Amphibians distribution of the Black Warrior impoundments, sedimentation, and Columbia spotted frog, Great Basin waterdog since little attention was given pollutants) are the chief factors that DPS (Rana luteiventris)—Currently, to this species between its description contributed to its decline. The fluted Columbia spotted frogs appear to be in 1937 and the 1980s. At that time, kidneyshell was historically known widely distributed throughout there were a total of only 11 known from at least 37 streams but is currently southwestern Idaho, eastern Oregon, historical records from 4 Alabama restricted to no more than 12 isolated and northeastern and central Nevada, counties. Two of these sites have now populations. Current status information but local populations within these been inundated by impoundments. for most of the 12 populations deemed general areas appear to be small and Extensive survey work was conducted to be extant is available from recent isolated from each other. Recent work in the 1990s to look for additional periodic sampling efforts (sometimes by researchers in Idaho and Nevada has populations. Currently, the species is annually) and other field studies, documented loss of historically known known from 14 sites in 5 counties. particularly in the upper Tennessee sites, reduced numbers of individuals Water-quality degradation is the River system. Some populations in the within local populations, and declines biggest threat to the continued existence Cumberland River system have had in the reproduction of those individuals. of the Black Warrior waterdog. Most recent surveys as well (e.g., Wolf, Little Small highly fragmented populations, streams that have been surveyed for the Rivers; Little South Fork; Horse Lick, characteristic of the majority of existing waterdog showed evidence of pollution Buck Creeks). Populations in Buck populations of Columbia spotted frogs and many appeared biologically Creek, Little South Fork, Horse Lick in the Great Basin, are highly depauperate. Sources of point and Creek, Powell River, and North Fork susceptible to extinction processes. nonpoint pollution in the Black Warrior Holston River have clearly declined Threats to Columbia-spotted-frog River Basin have been numerous and over the past two decades. Based on habitat, including water development, widespread. Pollution is generated from recent information, the overall improper grazing, mining activities and inadequately treated effluent from population of the fluted kidneyshell is non-native species, have and continue industrial plants, sanitary landfills, declining rangewide and the species to contribute to the degradation and sewage treatment plants, poultry remains in large numbers and is clearly fragmentation of habitat. Emerging operations, and cattle feedlots. Surface viable in just the Clinch River/Copper fungal diseases, such as mining represents another threat to the Creek, although smaller, viable chytridiomycosis, and the spread of biological integrity of waterdog habitat. populations remain (e.g., Wolf, Little, parasites are contributing factors to Runoff from old, abandoned coal mines North Fork Holston Rivers; Rock Creek). Columbia-spotted-frog population generates pollution through Most other populations are of declines throughout portions of its acidification, increased mineralization, questionable or limited viability, with range. Effects of climate change such as and sediment loading. The North River, some on the verge of extirpation (e.g., drought and stochastic (randomly Locust Fork, and Mulberry Fork, all Powell River; Little South Fork; Horse occurring) events such as fire often have streams that this species inhabits, are on Lick, Buck, Indian Creeks). Newly detrimental effects to small isolated the Environmental Protection Agency’s reintroduced populations in the populations and can often exacerbate list of impaired waters. An additional Nolichucky and Duck Rivers will existing threats. threat to the Black Warrior waterdog is hopefully begin to reverse the A 10-year Conservation Agreement the creation of large impoundments that downward population trend of this and Strategy was signed in September have flooded thousands of square species. The threats are high in 2003 for both the Northeast and the hectares (acres) of its habitat. These magnitude since all populations of this Toiyabe subpopulations in Nevada. The impoundments are likely marginal or species are severely affected by goals of the conservation agreements are unsuitable habitat for the salamander. numerous threats (impoundments, to reduce threats to Columbia spotted While the water-quality threat is sedimentation, small population size,

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69040 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

isolation of populations, gravel mining, modification, wildfire, cattle grazing, However, overall, the threats are municipal pollutants, agricultural run- and groundwater pumping. Prior imminent because the majority of them off, nutrient enrichment, and coal communication with personnel from are currently occurring. Although there processing pollution) which results in Fort Huachuca indicated they were in is no actual change in threats over the mortality and/or reduced reproductive the process of evaluating the status of past year, modification of the spring output. Since the threats are ongoing, this species on Department of Defense habitat for this species is an ongoing or they are imminent. Therefore, to help lands and developing conservation imminent threat. Therefore, to help ensure consistency in the application of strategies; this may result in a reduction ensure consistency in the application of our listing priority process, we changed or elimination of threats in the future. our listing priority process, we changed the LPN from a 5 to a 2 to reflect that Because we determined that the the LPN from a 5 to a 2 to reflect that the threats are imminent and high in proportion of the range subjected to the threats are imminent. magnitude. various threats is smaller than we Insects Snails previously determined, the threats are moderate in magnitude. In addition, Dakota skipper (Hesperia dacotae)— Black mudalia (Elimia melanoides)— although there is no actual change in The following summary is based on The black mudalia is a small species of threats over the past year, modification information contained in our files, aquatic snail found clinging to clean of the spring habitat, wildfire, cattle including information from the petition gravel, cobble, boulders and/or logs in grazing, and groundwater pumping are we received on May 12, 2003. The flowing water on shoals and riffles. The ongoing or imminent threats. Therefore, Dakota skipper is a small- to mid-sized historical habitat of the black mudalia to help ensure consistency in the butterfly that inhabits high-quality included much of the upper Black application of our listing priority tallgrass and mixed grass prairie in Warrior River drainage above the Fall process, we changed the LPN from a 5 Minnesota, North Dakota, South Dakota, Line at Tuscaloosa, Alabama. The to an 8 to reflect that the threats are and the provinces of Manitoba and species has been extirpated from more imminent but are moderate in Saskatchewan in Canada. The species is than 80 percent of that range through magnitude. presumed to be extirpated from Iowa the construction of dams and and Illinois and from many sites within impoundments, sedimentation, and Page springsnail (Pyrgulopsis occupied States. non-point source pollution from land morrisoni)—The following summary is The species is threatened by surface runoff. Populations that may based on information from our files. No conversion of its native prairie habitat have avoided impoundment apparently new information was provided in the for agricultural purposes, overgrazing, disappeared due to historical pollution petition received on May 11, 2004. The invasive species, gravel mining, events and/or natural catastrophic Page springsnail is known to exist only inbreeding, population isolation, and, in events. However, after being considered within a complex of springs located some cases, prescribed fire. Prairie extinct for two decades, the black within an approximately 1.5-kilometer succeeds to shrubland or forest without mudalia was rediscovered in a small (0.93-mile) stretch along the west side of periodic fire, grazing, or mowing; thus, portion of its historical range in the Oak Creek around the community of the species is also threatened at sites Black Warrior drainage. Discovery of Page Springs, Yavapai County, Arizona. where such disturbances are not surviving populations in shoals of five Many of the springs where the applied. We, other agencies, and private streams in the upper Black Warrior springsnail occurs have been subjected organizations (e.g., The Nature River and high densities reported at to some level of modification for Conservancy) protect and manage some Blackburn Fork reduce the magnitude of domestic, agricultural, ranching, fish Dakota skipper sites. Although proper the threats from high to moderate. hatchery, and recreational activities. management is always necessary to However, all known populations are Arizona Game and Fish Department ensure its persistence, even at protected currently affected by point and/or non- management plans for the Bubbling sites, it is secure at some sites owned by point source pollution; human land Ponds and Page Springs fish hatcheries these entities. The species is also secure uses, including cattle grazing, row include commitments to replace lost at some sites where private landowners crops, timber, chicken farms, and home habitat and to monitor remaining manage native prairie in ways that construction are currently causing populations of invertebrates such as the conserve Dakota skipper. Recent surveys sedimentation and eutrophication Page springsnail. The Arizona Game and in at least parts of the species’ range (reduction of oxygen in the water) of Fish Department and the Service have have led us to revise our view of the black mudalia habitats. Thus, based on made significant progress on imminence of threats to Dakota skipper. ongoing threats that we now consider to development of a candidate In January 2007, for example, Minnesota be moderate in magnitude, we changed conservation agreement, but the Department of Natural Resources the LPN from 2 to 8 for the black effectiveness of planned and proposed revising the status of Dakota mudalia. implemented actions has not been skipper in the state from threatened to Huachuca springsnail (Pyrgulopsis demonstrated. Based on recent survey endangered because it ‘‘appears to be thompsoni)—The following summary is data, it appears that the Page springsnail rapidly disappearing from remnant based on information from our files. No is abundant within natural habitats and habitat.’’ In addition, approximately half new information was provided in the persists in modified habitats, albeit at of the inhabited sites are privately petition received on May 11, 2004. The reduced densities. The magnitude of owned with little or no protection. Huachuca springsnail inhabits 13 threats is considered high because Ongoing threats on these sites include springs and cie´negas at elevations of limited distribution of this narrow invasive species, overgrazing, and 4,500 to 7,200 feet in southeastern endemic makes any detrimental effects herbicide applications. A few private Arizona (11 sites) and adjacent portions from threats likely to result in sites are protected from conversion by of Sonora, Mexico (2 sites). The extirpation or extinction. The easements, but these do not prevent springsnail is typically found in the immediacy of the threat of groundwater adverse effects from overgrazing. The shallower areas of springs or cienegas, withdrawal is uncertain due to threats are such that the species often in rocky seeps at the spring conflicting information that suggests it warrants listing; the threats are source. Ongoing threats include habitat may be either imminent or not. moderate in magnitude and, based on

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69041

the above new information, are occurring, they are best characterized as Flowering plants imminent. Therefore, we changed the imminent. Due to moderate to low Abronia alpina (Ramshaw Meadows listing priority number from an 11 to an magnitude of imminent threats, we sand-verbena)—Abronia alpina is a 8 for the Dakota skipper to reflect the changed the LPN from a 5 to an 8 for small perennial herb, 2.5 to 15.2 increase in immediacy of threats to Stephan’s riffle beetle. centimeters (1 to 6 inches) across which remnant habitat, particularly on private Crustaceans forms compact mats with lavender-pink, lands. trumpet-shaped, and generally fragment Coral Pink Sand Dunes tiger beetle Typhlatya monae (troglobitic flowers. Abronia alpina is known from (Cicindela albissima)—The Coral Pink one main population center in Ramshaw Sand Dunes tiger beetle occurs only at groundwater shrimp)—Typhlatya monae is a subterranean small shrimp Meadow on the Kern Plateau of the the Coral Pink Sand Dunes, Sierra Nevada, California, and from one approximately 7 miles west of Kanab, known from Puerto Rico, Barbuda, and subpopulation found in adjacent Kane County, in south-central Utah. It is Dominican Republic. It is classified as a Templeton Meadow. The total estimated restricted to a small part of the dune troglobite, or obligatory cave organism, area occupied is approximately 6 field, situated at an elevation of about of which its most extraordinary feature hectares (15 acres). The population 1,820 m (6,000 ft). The beetle’s habitat is the reduction or loss of vision and fluctuates from year to year without any is being adversely affected by ongoing pigmentation. It feeds on organic waste clear trends. Population estimates from recreational off-road vehicle use that is material and debris, such as bat guano. 1985–1994 range from a low of 69,652 destroying and degrading the beetle’s Little is known concerning the status plants in 1986 to 132,215 plants in habitat, especially the interdunal swales of Typhlatya monae in either Barbuda 1987. Surveys conducted since 1994 used by the larvae. The continued or Dominican Republic. Although in indicate that no significant changes survival of the beetle depends on the Puerto Rico this species was previously preservation of its habitat. The two have occurred in population size or found at Mona Island, currently location, although, the 2003 survey agencies that manage the dune field, the Typhlatya monae is known from only Utah Department of Parks and showed population numbers to be at the three caves within the Gua´nica low end of the range. The population Recreation and the Bureau of Land Commonwealth Forest in the Management, have restricted was last monitored in 2006. municipalities of Gua´nica, Yauco, and The threats currently facing Abronia recreational off-road vehicle use in some Guayanilla. However, the species may alpina include natural and human areas, which reduces impacts. However, still be found in the reef deposit aquifers the protected areas may not be of habitat alteration, hydrologic changes to in Mona Island that have not yet been sufficient size to enable the population the water table, and recreational use to increase in size. The beetle’s surveyed. In 1995, close to 2,000 within meadow habitats. Lodgepole population is also vulnerable to individuals were estimated; over 95 pine encroachment has altered the overcollecting by professional and percent of these were observed in only meadow and becoming established hobby tiger-beetle collectors. Because one cave. Although no systematic within A. alpina habitat. Lodgepole the taxon was recently elevated to a full censuses have been conducted since pine encroachment may alter soil species based on genetic research, we 1995, we have recently documented the characteristics by increasing organic changed the listing priority from a 9 to presence of the species in all three caves matter levels, decreasing porosity, and an 8. The imminence and magnitude of and obtained information regarding moderating diurnal temperature the threats remain the same (imminent another cave in which the species may fluctuations thus reducing the and moderate to low magnitude). occur from Puerto Rico Commonwealth competitive ability of A. alpina to Stephan’s riffle beetle (Heterelmis Forest personnel. persist in an environment more hospitable to other plant species. The stephani)—The following summary is Changes in groundwater quality, Ramshaw Meadow ecosystem is subject based on information from our files. No collection of rare animals, predation, to potential alteration by lowering of the new information was provided in the limited distribution of the species, petition we received on May 11, 2004. water table due to downcutting of the limited availability of appropriate South Fork of the Kern River (SFKR). The Stephan’s riffle beetle is an habitat (i.e., underground aquifers endemic riffle beetle found in limited The SFKR flows through Ramshaw within cave formations), potential Meadow, at times coming within 15 m spring environments within the Santa reduction of food sources (e.g., mortality Rita Mountains, Pima County, Arizona. (50 ft) of A. alpina habitat, particularly or reduction in bat populations), and The beetle is known from Bog Spring in the vicinity of five subpopulations. low population numbers potentially and Sylvester Spring in Madera Canyon, The habitat occupied by A. alpina threaten populations of Typhlatya within the Coronado National Forest. directly borders the meadow system These springs are typical isolated, mid- monae. However, because the known supported by the SFKR. Drying out of elevation, permanently saturated, range of Typhlatya monae is within the meadow system could potentially spring-fed aquatic climax communities protected lands, and because we have affect A. alpina pollinators and/or seed commonly referred to as cie´negas. received new information of known dispersal agents. Established hiker, Threats are largely from habitat management activities within the packstock, and cattle trails pass through modification (from recreational Gua´nica Commonwealth Forest or Mona A. alpina subpopulations. Two main activities in the springs and changes in Island (activities are managed such that hiker trails pass through Ramshaw water chemistry due to catastrophic some of the threats to this species no Meadow, but were rerouted out of A. natural disasters such as fires or floods); longer exist; e.g. the caves are closed to alpina subpopulations where feasible, we consider them to be of moderate to visitors), we now consider the in 1988 and 1997. Remnants of cattle low magnitude due to the lack of magnitude of the remaining threats trails that pass through subpopulations focused studies to evaluate the (possible extraction of ground-water in in several places receive occasional permanence of threats or the likelihood Mona and vulnerability to catastrophic incidental use by horses and sometimes of persistence of the species in areas events) moderate to low. Therefore, we hikers. Cattle use, however, currently, is that are unaffected. Furthermore, changed the LPN from a 5 to an 11 for not a threat due to the 2001 because the threats are currently this species. implementation of a ten-year

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69042 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

moratorium on the Templeton allotment great and density over 3 times greater in Refuge. It is restricted to pinelands on which prohibits cattle from all A. alpina the less fragmented, more fire-prone limestone rock (pine rockland), at sites locations. In 2007, the U.S. Forest northern portion of Big Pine Key than with exposed rock or gravel, low Service in cooperation with the Service the southern part. Pine rockland understory cover, and low hardwood drafted a Conservation Agreement for A. communities are maintained by density. Pine rocklands encompass alpina that would provide protective relatively frequent fires. In the absence approximately 580 hectares (1,433 measures via increased management of of fire, shrubs and trees encroach on acres) on Big Pine Key. It is not widely recreation in the area, habitat pine rockland and the pea is eventually dispersed within the limited range. In management, and research on A. alpina. shaded out. The National Key Deer late 2005, it occurred within 7.4 percent Approval and finalization of this Refuge (NKDR) has a prescribed fire of 541 plots sampled throughout the Agreement is anticipated in Fiscal Year program, though with many constraints publicly owned pine rocklands on Big 2008. The Service is funding studies to on implementing fire. Absence of fire is Pine Key. Hurricane Wilma (October determine appropriate conservation the greatest of the short-term and 2005) resulted in a storm surge that measures. As a result of rerouting hiking deterministic threats. covered most of Big Pine Key with sea- trails, curtailing grazing, and Hurricanes are also a threat. water. Before and after Wilma, it development of a Conservation Hurricane Wilma (October 2005) occurred in 9.3 of 332 sample plots and Agreement between the U.S. Forest resulted in a storm surge that covered 4.3 percent of 209 sample plots, Service and the Service the threats most of Big Pine Key with sea water. In respectively, and density decreased facing Abronia alpina have been plots sampled after Wilma, frequency of significantly within plots. Occupied reduced. Because the population is occurrence decreased to less than a plots had become restricted to the stable and the threats have been third and density decreased to less than higher, middle portion of Big Pine Key. reduced, we changed the LPN for A. half that found in plots sampled before In the absence of fire, shrubs and trees alpina from an 8 to an 11, reflecting Wilma. encroach on pine rockland and spurge nonimminent threats that are moderate The magnitude of threats to the Big is eventually shaded out. to low in magnitude. Pine partridge pea is moderate. The magnitude of threats to the wedge Bidens campylotheca ssp. waihoiensis Partridge pea has a very limited spurge is moderate. Wedge spurge has a (Kookoolau)—Kookoolau is an erect, distribution that is somewhat narrow distribution composed of few perennial found in wet Acacia- fragmented and fire limitation, salt occurrences, and threats result from lack Metrosideros (koa-ohia) forest on Maui, water storm surges (direct mortality, as of fire, hurricanes, sea level rise, and Hawaii. Bidens campylotheca ssp. well as slash pine mortality, associated invasive exotic plants. Additionally, waihoiensis is known from 1 and with hurricanes), and pollinator threats from storm surges associated possibly 2 populations, 1 of 200 limitation, constitute significant threats. with hurricanes are exacerbated by sea- individuals, and the second of possibly Additionally, threats from storm surges level rise. Wedge spurge exists as many as 300 individuals. It is associated with hurricanes are essentially as a single (fragmented) threatened by feral pigs and cattle, exacerbated by sea level rise. Big Pine population on Big Pine Key, which over which eat this plant and degrade and partridge pea exists as one relatively the long run is protected only on NKDR destroy habitat, and by nonnative plants large population (possibly fragmented and the Terrestris Preserve. However, that outcompete and displace it. into a metapopulation) on Big Pine Key population size is on the order of Conservation measures such as strategic and two very small, isolated several hundred thousand, and the fences and control of nonnative plants populations on two other keys. majority occurs on the NKDR. The benefit the plants in Kipahulu Valley; However, population size is on the National Key Deer Refuge has a however, the individuals in Waihoi order of several hundred thousand, and prescribed fire program, though with Valley are still affected by these threats. the majority occurs on the NKDR. Over many constraints on implementing fire. Therefore, to reflect the fact that the the long run, partridge pea receives The threats to the wedge spurge are threats are ongoing, we have changed protective measures only on NKDR and imminent. The best available the LPN for this species from a 6 to a the Terrestris Preserve. The immediacy information indicates that this plant is 3. of threats is imminent as the probability intrinsically vulnerable to extinction Chamaecrista lineata var. keyensis of intense hurricanes has increased in because it is a narrow endemic. (Big Pine partridge pea)—This pea is recent years, and increasingly sea levels Moreover, the threats of hurricanes and endemic to the lower Florida Keys, and have exacerbated the threat. shading due to lack of fire are ongoing. restricted to pine rocklands, hardwood Additionally, storm surges have However, because the threats are hammock edges, and roadsides and complicated efforts to conduct moderate rather than high in magnitude firebreaks within these ecosystems. prescribed fires. If the frequency of due to some protection from threats Historically, it was known from Big prescribed fire does not increase, the provided by the NKDR and Terrestris Pine, No Name, Ramrod, and Cudjoe imminence of threats due to fire Preserve, we changed the LPN from a 6 Keys (Monroe County, Florida). It suppression will continue to increase. to a 9 for the wedge spurge. presently occurs on Big Pine, plus two Because the threats are moderate rather Cordia rupicola (no common name)— very small populations found on Cudjoe than high in magnitude due to some Cordia rupicola, a small shrub, has been and lower Sugarloaf Keys in 2005. It is protection from threats provided by the described from southwestern Puerto fairly well distributed in Big Pine Key NKDR and Terrestris Preserve, we Rico (Pen˜ uelas and Gua´nica), Vieques pine rocklands, which encompass changed the LPN from a 6 to a 9 for the Island, and Anegada Island (British approximately 580 hectares (1,433 Big Pine partridge pea. Virgin Islands). Cordia rupicola is acres). Roughly 90 percent of its current Chamaesyce deltoidea ssp. serpyllum restricted to subtropical dry forest life range is within the Service’s National (Wedge spurge)—New survey results zone overlying a limestone substrate. At Key Deer Refuge. In late 2005, it were obtained in March 2006. Wedge present time, less than 20 individuals of occurred within 37.2 percent of 541 spurge is a small, prostrate herb. It has C. rupicola are currently known from plots sampled throughout the publicly always been restricted to Big Pine Key four sites in Puerto Rico; only a few owned pine rocklands on Big Pine Key. in Monroe County, Florida. Most of the individuals are located in protected Frequency of occurrence was twice as range falls within the National Key Deer lands managed for conservation by the

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69043

Puerto Rico Department of Natural and and threats, the magnitude of threats is hanaense is threatened by pigs that Environmental Resources or the Service. high and threats are imminent because degrade and destroy habitat, and by The area that contains 83 percent of the of the limited number of occurrences nonnative plants that outcompete and known population is located in a and the small number of individual displace it. However, feral pigs have privately-owned property and is plants at each occurrence. In addition, been fenced out of and removed from threatened by habitat destruction or even though many sites are on both bogs in which this species modification. While the population on conservation lands, these plants still currently occurs, and a control program Anegada Island is currently stable, this face significant ongoing threats. has reduced nonnative plants in all population is threatened by potential Therefore, we have changed the LPN fenced areas. Given that the threats to residential and commercial from 9 to 3 for this subspecies. the only known populations of this development. Both populations are also Echinomastus erectocentrus var. species are currently being managed and vulnerable to natural (e.g., hurricanes) acunensis (Acuna cactus)—The the populations are routinely or manmade (e.g., human-induced fires) following summary is based on monitored, this changes the overall threats. All sites are located in a xeric information contained in our files and magnitude of these threats to moderate. environment vulnerable to human- the petition we received on October 30, The threats are imminent, however, induced fires which could destroy 2002. The Acuna cactus is known from because the fences must be routinely entire populations. For these reasons, six sites on well-drained gravel ridges monitored and nonnative plants must the magnitude of the current threats is and knolls on granite soils in Sonoran continually be controlled. Therefore, we high. While hurricanes and fire do Desert scrub association at 1300–2000 have changed the LPN for this species occur, the rate of occurrence is such that feet elevation. from a 5 to an 8. Habitat destruction has been a threat they do not pose an imminent threat. Helianthus verticillatus (whorled The threats this species faces are ones in the past and is a potential future threat to this species. New roads and sunflower)—The following information that will arise in the future if is based on information contained in conservation measures are not illegal activities have not yet directly affected the cactus populations at Organ our files. The whorled sunflower is implemented and long-term impacts are found in moist, prairie-like openings in not averted. For these reasons, the Pipe Cactus National Monument, but areas in close proximity to these known woodlands and along adjacent creeks. threats to the species as a whole are Despite extensive surveys throughout its nonimminent, and therefore, we populations have been altered. Cactus populations located in the Florence area range, only five populations are known changed the LPN from a 2 to a 5 for this for this species from seven sites. There species. have not been monitored, and these populations may be in danger of habitat are two populations documented for Dalea carthagenensis floridana loss due to recent urban growth in the Cherokee County, Alabama; one in (Florida prairie-clover)—Dalea area. Urban development near Ajo, Floyd County, Georgia; and one each in carthagenensis floridana occurs in Big Arizona, as well as that near Sonoyta, Madison and McNairy Counties, Cypress National Preserve in Monroe Mexico, is a significant threat to the Tennessee. This species appears to have and Collier Counties, Florida. It is also Acuna cactus. Populations of the Acuna restricted ecological requirements and is known from small populations in cactus within the Organ Pipe Cactus dependent upon the maintenance of Miami-Dade County. There are a total of National Monument have shown a 50- prairie-like openings for its survival. nine extant occurrences, most of which percent mortality rate in recent years. Active management of habitat is needed are on conservation land. Existing The reason(s) for the mortality are not to keep competition and shading under occurrences are extremely small and known, but continuing drought control. Much of its habitat has been may not be viable, especially those in conditions are thought to play a role. degraded or destroyed for agricultural, Miami-Dade County. Remaining habitats The Arizona Plant Law and the silvicultural, and residential purposes; are fragmented. This plant is threatened Convention on International Trade in timber harvest remains a potential threat by habitat loss and habitat degradation Endangered Species of Wild Fauna and for the Alabama populations. We due to fire suppression, the difficulty of Flora provide some protection for the changed the priority number from an 11 applying prescribed fire to pine Acuna cactus. However, illegal to a 5 to reflect a high magnitude of rocklands, and threats from exotic collection is a primary threat to this threat based on current information. The plants. Damage to plants by off-road cactus variety and has been documented 11 was assigned previously because the vehicles is a serious threat within the on the Organ Pipe Cactus National magnitude of threat was then moderate Big Cypress National Preserve; the Monument in the past. The threats since information at that time indicated threat from illegal mountain biking at continue to be of a high magnitude. The that the Georgia site, which is the R. Hardy Matheson Preserve has threats are now imminent, as evidenced permanently protected, was the largest been reduced. This species is being by the continued decline of the species, population, had thousands of plants, parasitized by the introduced insect most likely from effects from the on- and was thriving. New information lobate lac scale at some localities (e.g., going drought. Conditions in 2006 indicates that this Georgia site actually R. Hardy Matheson Preserve), but we do worsened, and the drought is prevalent only harbors 15 to 20 individuals and not know the extent of this threat. This throughout the range of this variety. For that plants at this site appear to have plant is vulnerable to natural this reason, we believe that the main low fitness as indicated by their shorter disturbances, such as hurricanes, threat, drought, is on-going and is a stature and the absence of flowering in tropical storms, and storm surges. Due significant threat to the long-term this population. The remaining four to its restricted range and the small sizes viability of this variety. Thus, we populations are all on private land with of most isolated occurrences, this changed the LPN from a 6 to a 3 for this no protection at this time. However, the species is vulnerable to environmental cactus variety. threats are still nonimminent though (catastrophic hurricanes), demographic Geranium hanaense (Nohoanu)—This since efforts are actively underway to (potential episodes of poor species is a decumbent shrub found in obtain protection for these sites and reproduction), and genetic (potential bogs on Maui, Hawaii. This species is habitat conversion and timber inbreeding depression) threats. After a known from two adjacent bogs totaling harvesting are not currently affecting the thorough review of the species status 300 to 500 individuals. Geranium species.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69044 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

Phacelia stellaris (Brand’s phacelia)— protect approximately seven new information was provided in the Phacelia stellaris is an annual plant in populations on private, State, and Park petition we received on May 11, 2004. the Hydrophyllaceae (water-leaf family). Service lands. Nonnative plants have Solanum nelsonii is a sprawling or Plants are spreading to erect, 6 to 25 cm been reduced in these fenced areas. trailing shrub found in coral rubble or (2.5 to 10 in) tall. Phacelia stellaris was However, no conservation efforts have sand in coastal sites. This species is historically found in Los Angeles, been implemented for the unfenced known from populations in the Riverside, and San Diego Counties and populations. Because these threats are of northwestern Hawaiian Islands: Midway in coastal northern Baja California, imminent, but only moderate magnitude (approximately 260 plants), Laysan Mexico. Approximately 50 percent of for the majority of the populations, we (approximately 490 plants), Pearl and the linear extent of the coastal changed the LPN from a 2 to an 8. Hermes (unknown number of occurrences of this species has been Sideroxylon reclinatum ssp. individuals), Nihoa (8,000 to 15,000 lost, presumably to urbanization and austrofloridense (Everglades bully)— adult plants); and Molokai habitat degradation. The last Everglades bully occurs on pinelands, (approximately 300 plants), in the main documentation of the range of the pineland/prairie ecotones, and prairies Hawaiian Islands. Solanum nelsonii is species in Mexico was in 1975. In the in Everglades National Park and private moderately threatened by ungulates (on United States, four of the five known lands in Miami-Dade County, and Big Molokai) that degrade and destroy extant occurrences are from coastal San Cypress National Preserve in Monroe habitat, and that may eat it, and by Diego County, California, in the County, Florida. Pine rocklands in nonnative plants that outcompete and following areas: Marine Corps Base Miami-Dade County have largely been displace it (Molokai and the Camp Pendleton, Silver Strand in the destroyed by residential, commercial, northwestern Hawaiian Islands). City of San Diego, within a few hundred and urban development and agriculture. Ungulate exclusion fences, routine fence yards of the Mexican border at Lichty Most remaining suitable habitat for this monitoring and maintenance, and weed Mesa, and the recently rediscovered plant has been negatively altered by control protect the population of S. population at Coronado Island on Naval human activity. While privately owned nelsonii on Molokai. Limited weed Air Station North Island. The only other pine rocklands are at risk from control is conducted in the known extant occurrence is in western development, habitat for this plant is, northwestern Hawaiian Islands. In Riverside County, southwest of for the most part, protected. The species addition, S. nelsonii is likely threatened Fairmont Park. Potential threats to the is threatened by habitat loss and habitat by being eaten by a nonnative U.S. occurrences include: The degradation due to fire suppression, the grasshopper, Schistocerca nitens, in the anticipated Border Fence project, difficulty of applying prescribed fire to northwestern Hawaiian Islands. development or agricultural activities, pine rocklands, and exotic plants. Currently no control measures are in trampling from humans and equestrian Hydrology has been altered within Long place for this grasshopper. Because traffic, disturbances from management Pine Key at Everglades National Park these threats are of moderate magnitude actions, and invasive nonnative plants. due to artificial drainage, which and are imminent for the majority of the Three of the five populations are very lowered ground water, and construction populations, we changed the LPN from small (tens to low-hundreds) and small of roads, which either impounded or a 2 to an 8. populations are considered subject to diverted water. Regional water Symphyotrichum georgianum random events and genetic constraints. management intended to restore the (Georgia aster)—Georgia aster is a relict Everglades could negatively affect the species of post oak savanna/prairie This species faces high magnitude pinelands of Long Pine Key, where the communities that existed in the threats, but the efforts of land managers largest population occurs. At this time, southeast prior to widespread fire and other regulatory mechanisms have it is not known whether Everglades suppression and extirpation of large resulted in the threats being restoration will have a positive or native grazing animals. Most remaining nonimminent. Therefore, because negative effect. This species may be populations survive adjacent to roads, overall, the threats are nonimminent, we vulnerable to catastrophic events and utility rights of way and other openings changed the LPN for this species from natural disturbances, such as where current land management mimics a 2 to a 5. hurricanes. Sea level rise will likely be natural disturbance regimes. Georgia Phyllostegia floribunda (no common a factor over the long term. After a aster currently is known to occur in the name)—The following summary is thorough review of the species status States of Alabama, Georgia, North based on information contained in our and threats, the magnitude of threats Carolina, and South Carolina. The files. No new information was provided continues to remain moderate to low, species appears to have been extirpated in the petition we received on May 11, particularly since additional from Florida. 2004. This species is an erect subshrub populations have recently been Most of the known populations are found in mesic to wet forest on the documented at Big Cypress National small (fewer than 50 stems), and island of Hawaii, Hawaii. This species Preserve and on small pinelands in because the species’ main mode of is known from 10 locations totaling Miami-Dade County. We anticipate that reproduction is vegetative, each isolated fewer than 270 naturally occurring and additional occurrences will be found at population may represent only a few outplanted individuals on State, private, Everglades National Park. Overall, the genotypes. A key factor impacting the and Federal lands. Phyllostegia threats are nonimminent, particularly Georgia aster is the present and floribunda is threatened by feral pigs since most of the habitat is protected threatened destruction, modification, that degrade and destroy habitat, and and managed to benefit this species. For and curtailment of its habitat and range nonnative plants that compete for light the largest population in Everglades as a result of subdivision development, and nutrients. The Park Service, The National Park, efforts are under way to highway expansion/improvement Nature Conservancy of Hawaii, and the ameliorate the threats from exotic activities, herbicide application, and State have outplanted over 170 plants. Therefore, we changed the LPN succession by wood plants due to fire individuals at Olaa Forest Reserve, Kona from a 9 to a 12 for this subspecies. suppression. The inadequacy of existing Hema, and Waiakea Forest Reserve Solanum nelsonii (Popolo)—The regulatory mechanisms is another factor (greater than 50, 20 individuals, and 100 following summary is based on posing a threat to the species, as individuals, respectively). Fences information contained in our files. No approximately 95 percent of the known

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69045

surviving populations are estimated to and 9 individuals respectively, are the status of these species, and to accept occur on private lands and no state or located on State and private lands in the additional information and comments local laws protect the plants or their Koolau Mountains of Oahu. This species concerning this finding. We will habitat. The species is not afforded is threatened by feral pigs that degrade reconsider this determination in the specific protection on federal lands, and/or destroy habitat and that may eat event that new information indicates where we estimate 5 percent of the this plant, nonnative plants that that the threats to these species are of a populations occur. A third factor compete for light and nutrients, and considerably greater magnitude or impacting the species is direct damage man-made stream diversion. Feral pigs imminence than identified through from mowing or herbicide applications have been fenced out of the two assessments of information in our files, conducted as part of maintenance along populations on Maui, and nonnative as summarized here. The summary highways and rights of way; these plants have been reduced in the fenced below also notes two other species for activities can kill plants, and possibly areas. No conservation efforts are under which we published separate findings extirpate populations in local areas. way to alleviate threats to the two removing them from candidate status In previous years, we assigned an LPN populations on Oahu. The two managed since the most recent CNOR. of 5 to the Georgia aster, corresponding populations constitute 92 percent of the Fish to a magnitude rating of high and an currently known populations. immediacy rating of nonimminent. Therefore, the magnitude of the threats Fluvial arctic grayling, upper However, based on the Service’s efforts acting upon the currently extant Missouri River DPS (Thymallus to achieve greater consistency in the populations is considered moderate, arcticus)—see Federal Register notice interpretation of magnitude and while the threats from feral pig activities published on April 24, 2007 (72 FR immediacy, as well as new information and nonnative plants are ongoing, and 20305). regarding the abundance of the species, therefore imminent. Thus, we changed Insects we are now revising the LPN. With the LPN from a 2 to an 8 for this species. regard to immediacy, the threats Beaver Cave beetle described above are currently occurring Taxonomic Changes in Candidates (Pseudanophthalmus major)—see Federal Register notice published on and are, therefore, imminent. We expect Mammals the threats are operating throughout the October 11, 2006 (71 FR 59711). range of the species. However, the Mazama pocket gopher (Thomomys Surprising cave beetle species is still relatively widely mazama ssp. couchi, douglasii, (Pseudanophthalmus inexpectatus distributed, with occurrences in 3 glacialis, louiei, melanops, pugetensis, Barr)—The following summary is based counties in Alabama, 9 counties in tacomensis, tumuli, yelmensis)—Based on information contained in our files. North Carolina, 11 counties in South on mitochondrial DNA analysis, we are No new information was provided in Carolina, and possibly as many as 18 including an additional subspecies of the petition we received on May 11, counties in Georgia. Also, recent Mazama pocket gopher (Brush Prairie 2004. The surprising cave beetle is a information indicates the species is pocket gopher, T. Mazama douglasii), in small (4 mm), eyeless, reddish-brown, more abundant than when we initially our candidate list. See summary below troglobitic insect that belongs to the identified it as a candidate for listing, under ‘‘Findings for Petitioned ground beetle family Carabidae. The with possibly as many as 120 Candidate Species’’ for additional species is predatory, feeding upon other populations, in comparison to information. small cave invertebrates such as spiders, mites, and millipedes. approximately 60 when it became a Insects candidate in 1999. Taking into account We made the surprising cave beetle a its distribution and the new information Coral Pink Sand Dunes tiger beetle candidate for listing on October 30, indicating the species is more abundant (Cicindela albissima)—Based on 2001. The species was originally than previously realized, we have recently genetic research, this taxon was described from two caves in Mammoth revised the magnitude of threats from recently elevated to a full species. See Cave National Park (MCNP), Kentucky— ‘‘high’’ to ‘‘moderate.’’ Therefore, we summary above under ‘‘Summary of the historic entrance of Mammoth Cave have changed the LPN from a 5 to an 8. Listing Priority Changes in Candidates’’ (or Crevice Pit) and White Cave. for additional information. Subsequent to this discovery, it was Ferns and Allies later found in Great Onyx Cave in Candidate Removals Christella boydiae (no common MCNP. Since 2001, when we identified name)—The following summary is As summarized below, we have it as a candidate, we have found that the based on information contained in our evaluated the threats to the following surprising cave beetle is more common files. No new information was provided four species and considered factors that, and widespread than previously in the petition we received on May 11, individually and in combination, believed. In 2002, the species was 2004. This species is a small-to- presently or potentially could pose a discovered in a previously unnamed medium-sized fern found in mesic to risk to these species and their habitat. cave (now called Surprising Cave) wet forest along streambanks on Oahu After a review of the best available within MCNP. This discovery was and Maui, Hawaii. Historically, this scientific and commercial data, we notable because it represented a species was also found on the island of conclude that listing these four species northern range extension for the species Hawaii; however, the species has been under the Endangered Species Act is not and was made in a cave system that extirpated from that island. Currently, warranted because the species are not many speculate is completely separate this species is known from 4 likely to become endangered species from those located south of the Green populations totaling fewer than 200 within the foreseeable future throughout River. individuals. Two populations, all or a significant portion of their range. In 2006, the species was discovered in numbering 162 and 2 individuals Therefore, for each of these species we a fifth cave (Saucer Cave) within MCNP. respectively, are found within Haleakala find that proposing a rule to list them Thus, we now know that the National Park on the island of Maui, is not warranted, and we no longer distribution of the species includes at where they are fenced and managed. consider them to be candidate species least five areas within MCNP. In The other two populations, numbering 5 for listing. We will continue to monitor addition, over the past 6 years a total of

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69046 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

10 individuals have been observed zaitzevian riffle beetle is an aquatic source from potential pathogens, silt, during routine surveys for other cave flightless beetle endemic to Bridger aquatic nuisance species, decreased biota. Because the surprising cave beetle Creek Warm Springs near Bozeman, water temperature, and harmful is small, cryptic, and difficult to locate Montana. This spring is entirely on land chemicals, which in turn protects the within the cave environment, the managed by the Service’s Fish habitat of the beetle. The project also collection of 10 individuals is a Technology Center (FTC) and is a water included alteration to the roof of the significant accomplishment for a source for the FTC. The warm spring water collection box to improve light Pseudanophthalmus survey, especially zaitzevian riffle beetle is not known to penetration into the box for the beetles. when the surprising cave beetle was not drift within a water system with any The actions implemented through this the target organism. Many of the caves probability of survival and requires project continue to effectively provide in MCNP have not been adequately clean water and small rock substrate beetle habitat. In July 2006, a new surveyed for Pseudanophthalmus or absent siltation. The beetles feed on Conservation Agreement and Strategy other small cave organisms, and based small pieces of algae and diatoms that (CAS) was finalized. The goal of the on the information now available, we they scrape from the submerged rocks. CAS is to ensure long-term, effective believe the species is more common The warm spring zaitzevian riffle beetle conservation of the warm spring within these habitats than first believed. requires warm and flowing surface zaitzevian riffle beetle and Brown’s The most significant potential threats water with surface temperatures of 16 to riffle beetle (Microcylloepus browni), to the species (trampling by humans, 29°C (60 to 84°F). Water temperature is another endemic beetle found in warm habitat disturbance, and disruption of likely the most influential factor in the water seeps downstream of warm spring energy inputs) are abated by its location species’ biology. The distribution of the zaitzevian riffle beetle habitat. The CAS within a national park (MCNP) and species is described as colonies found formalizes the ongoing cooperative MCNP’s strict control over the majority within three main areas along 50 linear effort of the signatories in conserving of the cave system and its habitats. meters (m) (164 linear feet (ft)) of the warm spring zaitzevian riffle beetle Tours are offered in only two of the five Bridger Creek where a warm spring in its native habitat. The signatories to caves where the species is known to emerges at or near creek water surface the CAS are: the Service; Montana Fish, occur, and tours take place in areas level. A large cement water collection Wildlife and Parks; and MSU. Activities away from known beetle habitats. box built around the spring in the early under the CAS are overseen by a Habitat disturbance, vandalism, and 1900s provides protection to the riffle workgroup of biologists representing the entrance manipulation are unlikely to beetle’s spring habitat and it is within signatories. Under the 2006 CAS, water occur because the caves are in isolated, this sheltered area where the majority of monitoring now is conducted by the protected locations within a national the warm spring zaitzevian riffle beetle Service according to the more detailed park. Other potential threats, such as population occurs. protocols in the CAS monitoring plan, contamination of cave systems through which further ensures that necessary polluted stormwater runoff and toxic A 1994 management plan prepared by the Service for the beetle guided information will be acquired in order to chemical spills, are not considered to be respond appropriately in the event that significant because of their low successful implementation of actions to ensure that warm water flow out of the water pollution or contamination is probability of occurrence. In addition, detected. Most of the conservation we entered into a 15-year Candidate collection box to external seep habitat was not hindered by debris, make efforts described in the CAS are Conservation Agreement (CCA) for the continuations of practices that were surprising cave beetle in 2001 with the necessary repairs, maintain barricades already being implemented, and are National Park Service (NPS) at MCNP. and signs to prevent public disturbance effective in addressing the potential The purpose of this CCA is for the of the beetle’s habitat, and monitor threats to the warm spring zaitzevian Service and NPS to jointly implement water flow and the species to determine riffle beetle. These efforts include conservation measures for the surprising if conservation measures should be continuing to remove debris from the cave beetle in MCNP. Management modified. The 1994 management plan cement box, maintenance of signage and activities undertaken by MCNP under also provided for removal of silt from delivery of educational materials, and the CCA increase protection and the bottom of the collection box, if review of any proposed changes in land enhance the status of this species. The necessary; however, there has been no and stream uses that might impact the Agreement was updated in 2004, and need to implement silt removal. In 2001, the NPS continues their efforts under the FTC acquired 40 acres of land species and its habitat. this agreement. adjacent to and uphill from the spring, We carefully assessed the best Based on findings in our updated which provided additional protection of scientific and commercial information assessment of the surprising cave beetle, the spring by preventing development available regarding the past, present, we conclude that listing this species and adverse land use on these lands. and future threats faced by the warm under the Endangered Species Act is not The area around the spring continues to spring zaitzevian riffle beetle (habitat warranted within the foreseeable future be protected by a chain-link fence and development or other alterations that throughout all or a significant portion of signs erected by the FTC, limiting foot would alter water flow, temperature or its range. There is no portion of its range traffic in the area (the area historically chemistry, and stochastic events such as for which we have information that the was used for swimming) as required in flooding) and considered factors that, species might be locally threatened. The the 1994 management plan. In 2002, individually and in combination, could current level of threats will not result in with approval of entomologists from pose a risk to the species and its habitat. the species becoming in danger of Montana State University (MSU) per the This species occurs in a single spring, extinction nor do we foresee threats 1994 management plan, the height of and the area it occupies encompasses increasing at any time in the future. The the collection box roof was raised an approximately 35 m2 (377 ft2), plus species no longer meets our definition additional 0.6 m (2 ft) to decrease the small adjacent seeps upstream and of a candidate, and we have removed it chance of Bridger Creek runoff or flood downstream where the species occurs in from candidate status. water contaminating water in the small numbers (approximately 1 m2 (11 Warm spring zaitzevian riffle beetle collection box. The purpose of this ft2) of habitat). All occupied habitat is (Zaitzevia thermae)—The warm spring project was to protect the FTC’s water significant to the species due to its

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69047

relatively small area and single location, where several subpopulations of E. since it is found in a variety of natural therefore separate analysis of portions of basalticus occur. Activities previously sites, and several extant population sites the range is not applicable to this thought to pose potential threats to the are found in man-made disturbed sites species. The foreseeable future for this species have not materialized and we (i.e., roadsides and roadbeds, mine species is linked to threats (habitat have no basis for concluding that they tailings, and along stream banks). sustainability) more strongly than to life would affect the species in the future. Because they are found in a variety of cycle timeframes; because the known Continued surveys indicate habitat types, describing suitable or a population is carefully managed subpopulations have been fluctuating in specific habitat type is problematic. We through the 2006 Conservation size within a reasonable range over believe that the species is more Agreement and Strategy, threats are not time, and we have no reason to believe widespread than currently reported. The expected to increase within the that this will change in the future. disjunct nature of known population foreseeable future. The FTC has Further, there is no portion of its range sites over a wide geographic range of committed to fund the CAS for 5 years, for which we have information that the more than 107,000 square miles suggests and we have no reason to believe that species might be locally threatened. that additional undetected B. lineare the FTC will discontinue funding and Based on our updated assessment, we populations will likely be discovered implementing the CAS into the future. conclude that E. basalticus is not likely both within and outside of the largely We conclude that listing this species to become in danger of extinction unsurveyed geographic range of the under the Act is not warranted. Because within the foreseeable future throughout species in the United States and Canada. the current population is stable and all or a significant portion of its range. Much of the information provided to threats have been addressed, it is not Therefore we find that listing E. us regarding potential threats to likely to become in danger of extinction basalticus is not warranted and we Botrychium lineare is general in nature within the foreseeable future throughout remove this species from candidate or there is uncertainty and very little all or a significant portion of its range. status. documentation on how potential threats This species no longer meets our are affecting existing, disjunct Ferns and Allies definition of a candidate and is removed populations, individual plants or the from candidate status. Botrychium lineare (slender various natural and disturbed habitats of moonwort)—A member of the adder’s- the species. Not all known population Flowering Plants tongue family (Ophioglossaceae), sites are exposed to potential threats. Erigeron basalticus (Basalt daisy)— Botrychium lineare is a small perennial Where Federal land managers have Erigeron basalticus is a perennial, fern. The species is known from 22 sites recognized that threats could be herbaceous plant with a taproot and one spread across 8 States (Alaska, affecting B. lineare populations, various to several sprawling stems 10 to 15 Colorado, Minnesota, Montana, Oregon, conservation measures are being centimeters (cm) (4 to 6 inches (in)) South Dakota, Washington, and implemented. In total, potential threats long. Erigeron basalticus grows in Wyoming) and two Canadian Provinces are being addressed at 8 of the 20 B. crevices in basalt cliffs on canyon walls, (Alberta and Yukon Territory), with a lineare population sites in the United at elevations from 380 to 460 m (1,250 total geographic range of more than States (2 Canadian population sites not to 1,500 ft), along the Yakima River 107,000 square miles. Over 3,300 miles included). Invasive, nonnative species Canyon and Selah Creek, a tributary of (5,300 kilometers) separate B. lineare are reported to occur within 4 the Yakima River, Washington. It is sites in Alaska and Minnesota. populations and adjacent to 10 found in microsites that are largely Seventeen of the 20 known sites in the populations. Conservation measures to devoid of other vegetation and United States occur on Federal lands, reduce the occurrence of invasive undergoing primary succession. To date, with 3 sites found on private lands. species are under way at seven sites in threats from highway maintenance, rock Review of recent information Colorado, Montana, and Oregon. quarrying, collection, location on indicates there is an increase in the Monitoring to detect presence of private lands, herbicide spray drift, number of known locations of additional invasive species is currently recreational rock climbing, or landslides Botrychium lineare and the geographic conducted at two additional sites in previously described for this species range is much larger than we previously Oregon. Thirteen populations occur have not been observed to affect understood. Based on increased survey adjacent to or near roads; avoidance and numbers, distribution, or recruitment of efforts, at least 12 new population sites minimization measures are in place at Erigeron basalticus since the time it was have been found in 6 states, including four sites in Colorado and one site in initially surveyed. Overall population 4 new States, and two Canadian South Dakota to reduce the impact of numbers have fluctuated within a range, provinces since 2003. Population sites road-related activities. Livestock but appear to be relatively stable since are generally small in area and number impacts have been precluded at one site 1988. Monitoring of the majority of the of individuals, making the species in Washington through an exclosure. known sites in June 2007, by the difficult to locate and survey for, or Based on our updated assessment, we University of Washington College of detect in plant surveys. Because have determined that Botrychium Forest Resources, Botanic Gardens Rare Botrychium species have few diagnostic lineare is not likely to become in danger Plant Care and Conservation Branch, features (they are small and have only of extinction within the foreseeable provided additional data to support the one leaf), B. lineare can be difficult to future throughout all or a significant removal of this species from candidacy. distinguish from other closely related portion of its range. We have no In addition to robust numbers counted moonworts. For example, one former B. information that indicates that any of in nearly all populations, the survey lineare population site in Idaho and two the known B. lineare populations group discovered two previously in Nevada described in the May 11, constitute a significant portion of the unknown locations for E. basalticus so 2005, Candidate Notice of Review (70 range of the species or that there is any the species is more abundant than FR 24870) are now considered portion of its range where the species previously realized. something other than B. lineare based might be locally threatened. Botrychium The Bureau of Land Management has on genetic analysis. Some researchers lineare’s known geographic range is no plans to change management on the consider B. lineare a habitat generalist much larger than previously understood Areas of Critical Environmental Concern that may be an opportunistic colonizer and it is likely that additional B. lineare

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69048 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

populations will be discovered both On December 5, 1996, we made a final information, and identify any species within and outside of the largely decision to redefine ‘‘candidate species’’ for which emergency listing may be unsurveyed geographic range of the to mean those species for which the appropriate. If we determine that species in the United States and Canada. Service has on file sufficient emergency listing is appropriate for any There is also insufficient information to information on biological vulnerability candidate, whether it was identified adequately describe suitable habitat for and threat(s) to support issuance of a through our own initiative or through the species, or to fully understand B. proposed rule to list, but for which the petition process, we will make lineare’s biological vulnerability to issuance of the proposed rule is prompt use of the emergency listing potential threat factors. Therefore, we precluded (61 FR 64481; December 6, authority under section 4(b)(7). We have find that listing is not warranted and we 1996). Therefore, the standard for been reviewing and will continue to remove this species from candidate making a species a candidate through review, at least annually, the status of status. our own initiative is identical to the every candidate, whether or not we have standard for making a warranted-but- received a petition to list it. Thus, the Petition Findings precluded 12-month petition finding on CNOR and accompanying species The Act provides two mechanisms for a petition to list, and we add all assessment forms also constitute the considering species for listing. One petitioned species for which we have Service’s annual finding on the status of method allows the Secretary, on his made a warranted-but-precluded 12- petitioned species pursuant to section own initiative, to identify species for month finding to the candidate list. 4(b)(3)(C)(i). listing under the standards of section This publication also provides notice On June 20, 2001, the United States 4(a)(1). We implement this through the of substantial 90-day findings and the Court of Appeals for the Ninth Circuit candidate program, discussed above. warranted-but-precluded 12-month held that the 1999 CNOR (64 FR 57534; The second method for listing a species findings pursuant to section 4(b)(3) for October 25, 1999) did not demonstrate provides a mechanism for the public to candidate species listed on Table 1 that that we fulfilled the second component petition us to add a species to the Lists. we identified on our own initiative, and of the warranted-but-precluded 12- Under section 4(b)(3)(A), when we that subsequently have been the subject month petition findings for the Gila receive such a petition, we must of a petition to list. Even though all chub and Chiracahua leopard frog determine within 90 days, to the candidate species identified through our (Center for Biological Diversity v. maximum extent practicable, whether own initiative already have received the Norton, 254 F.3d 833 (9th Cir. 2001)). the petition presents substantial equivalent of substantial 90-day and The court found that the one-line information that listing may be warranted-but-precluded 12-month designation in the table of candidates in warranted (a ‘‘90-day finding’’). If we findings, we reviewed the status of the the 1999 CNOR, with no further make a positive 90-day finding, we must newly petitioned candidate species and explanation, did not satisfy section promptly commence a status review of through this CNOR are publishing 4(b)(3)(B)(iii)’s requirement that the the species under section 4(b)(3)(A); we specific section 4(b)(3) findings (i.e., Service publish a finding ‘‘together with must then make and publish one of substantial 90-day and warranted but a description and evaluation of the three possible findings within 12 precluded 12-month findings) in reasons and data on which the finding months of the receipt of the petition (a response to the petitions to list these is based.’’ The court suggested that this ‘‘12-month finding’’): candidate species. We publish these one-line statement of candidate status findings as part of the first CNOR also precluded meaningful judicial 1. The petitioned action is not following receipt of the petition. review. warranted; Pursuant to section 4(b)(3)(C)(i) of the On June 21, 2004, the United States 2. The petitioned action is warranted Act, once a petition is filed regarding a District Court for Oregon agreed that we (in which case we are required to candidate species, we must make a 12- can use the CNOR as a vehicle for promptly publish a proposed regulation month petition finding in compliance making petition findings and that our to implement the petitioned action; with section 4(b)(3)(B) of the Act at least reasoning for why listing is precluded once we publish a proposed rule for a once a year, until we publish a proposal does not need to be based on an species, section 4(b)(5) and 4(b)(6) to list the species or make a final not- assessment at a regional level (as govern further procedures regardless of warranted finding. We make this annual opposed to a national level) (Center for whether we issued the proposal in finding for petitioned candidate species Biological Diversity v. Norton Civ. No. response to a petition); or through the CNOR. 03–1111–AA (D. Or.)). However, this 3. The petitioned action is warranted Section 4(b)(3)(C)(iii) of the Act court found that our discussion on why but (a) the immediate proposal of a requires us to ‘‘implement a system to listing the candidate species were regulation and final promulgation of monitor effectively the status of all precluded by other actions lacked regulation implementing the petitioned species’’ for which we have made a specificity; in the list of species that action is precluded by pending warranted-but-precluded 12-month were the subject of listing actions that proposals, and (b) expeditious progress finding, and to ‘‘make prompt use of the precluded us from proposing to list is being made to add qualified species [emergency listing] authority [under candidate species, we did not state the to the lists of endangered or threatened section 4(b)(7)] to prevent a significant specific action at issue for each species species. (We refer to this as a risk to the well being of any such in the list and we did not indicate ‘‘warranted-but-precluded finding.’’) species.’’ The CNOR plays a crucial role which actions were court-ordered. Section 4(b)(3)(C) of the Act requires in the monitoring system that we have On June 22, 2004, in a similar case, that when we make a warranted but implemented for all candidate species the United States District Court for the precluded finding on a petition, we are by providing notice that we are actively Eastern District of California also to treat such a petition as one that is seeking information regarding the status concluded that our determination of resubmitted on the date of such a of those species. We review all new preclusion may appropriately be based finding. Thus, we are required to information on candidate species as it on a national analysis (Center for publish new 12-month findings on these becomes available, prepare an annual Biological Diversity v. Norton No. CV S– ‘‘resubmitted’’ petitions on an annual species assessment form that reflects 03–1758 GEB/DAD (E.D. Cal.)). This basis. monitoring results and other new court also found that the Act’s

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69049

imperative that listing decisions be Nothing in this document or any of obtain a copy of these forms from the based solely on science applies only to our policies should be construed as in Regional Office having the lead for the the determination about whether listing any way modifying the Act’s species, or from the Fish and Wildlife is warranted, not the question of when requirement that we make a resubmitted Service’s Internet Web site: http:// listing is precluded. 12-month petition finding for each endangered.fws.gov/. As described On March 24, 2005, the United States petitioned candidate within 1 year of above, under section 4 of the Act we District Court for the District of the date of publication of this CNOR. If may identify and propose species for Columbia held that we may not consider we fail to make any such finding on a listing based on the factors identified in critical habitat activities in justifying timely basis, whether through section 4(a)(1), and section 4 also our inability to list candidate species, publication of a new CNOR or some provides a mechanism for the public to requiring that we justify both our other form of notice, any party with petition us to add a species to the lists preclusion findings and our standing may seek judicial review. of species determined to be threatened demonstration of expeditious progress In this CNOR, we continue to address species or endangered species under the by reference to listing proceedings for the concerns of the courts by including Act. Below we describe the actions that unlisted species (California Native Plant more specific information in our continue to preclude the immediate Society v. Norton, Civ. No. 03–1540 (JR) discussion on preclusion (see below). In proposal of a regulation and final (D.D.C.)). The court further found that preparing this CNOR, we reviewed the promulgation of a regulation we must adequately itemize priority current status of and threats to the 203 implementing the petitioned action, and listings, explain why certain species are candidates and 5 listed species for we describe the expeditious progress we of high priority, and explain why which we have received a petition and are making to add qualified species to actions on these high-priority species for which we have found listing or the lists of endangered or threatened preclude listing species of lower reclassification from threatened to species. endangered to be warranted but priority. The court approved our Preclusion and Expeditious Progress reliance on national rather than regional precluded. We find that the immediate Preclusion is a function of the listing priorities and workload in establishing issuance of a proposed rule and timely priority of a species in relation to the preclusion and approved our basic promulgation of a final rule for each of resources that are available and explanation that listing candidate these species has been, for the preceding competing demands for those resources. species may be precluded by statutorily months, and continues to be, precluded (As described above in the Summary, mandated deadlines, court-ordered by higher-priority listing actions. the listing priority of a species is actions, higher-priority listing activities, Additional information that is the basis represented by the LPN we assign to it.) and a limited budget. for this finding is found in the species assessments and our administrative Thus, in any given fiscal year (FY), We drafted previous CNORs to record for each species. multiple factors dictate whether it will address the concerns of these courts and Our review included updating the be possible to undertake work on a continue to incorporate those changes status of and threats to petitioned proposed listing regulation or whether that addressed the courts’ concerns in candidate or listed species for which we promulgation of such a proposal is this CNOR. We include a description of published findings, pursuant to section warranted but precluded by higher- the reasons why the listing of every 4(b)(3)(B), in the previous CNOR. We priority listing actions. petitioned candidate species is both have incorporated new information we The resources available for listing warranted and precluded at this time. gathered since the prior finding and, as actions are determined through the We make our determinations of a result of this review, we are making annual Congressional appropriations preclusion on a nationwide basis to continued warranted-but-precluded 12- process. The appropriation for the ensure that the species most in need of month findings on the petitions for Listing Program is available to support listing will be addressed first and also these species. work involving the following listing because we allocate our listing budget We have identified the candidate actions: Proposed and final listing rules; on a nationwide basis (see below). species for which we received petitions 90-day and 12-month findings on Regional priorities can also be discerned by the code ‘‘C*’’ in the category petitions to add species to the Lists or from Table 1, which includes the lead column on the left side of Table 1. As to change the status of a species from region and the LPN for each species. discussed above, the immediate threatened to endangered; resubmitted Our preclusion determinations are publication of proposed rules to list petition findings; proposed and final further based upon our budget for listing these species was precluded by our rules designating critical habitat; and activities for unlisted species and we work on higher-priority listing actions, litigation-related, administrative, and explain the priority system and why the listed below, during the period from program management functions work we have accomplished does September 12, 2006, through September (including preparing and allocating preclude action on listing candidate 30, 2007. We will continue to monitor budgets, responding to Congressional species. the status of all candidate species, and public inquiries, and conducting Pursuant to section 4(b)(3)(C)(ii) and including petitioned species, as new public outreach regarding listing and the Administrative Procedure Act (5 information becomes available. This critical habitat). The work involved in U.S.C. 551 et seq.), any party with review will determine if a change in preparing various listing documents can standing may challenge the merits of status is warranted, including the need be extensive and may include, but is not any not-warranted or warranted-but- to emergency-list a species under limited to: Gathering and assessing the precluded petition finding incorporated section 4(b)(7) of the Act. best scientific and commercial data in this CNOR. The analysis included In addition to identifying petitioned available and conducting analyses used herein, together with the administrative candidate species in Table 1 below, we as the basis for our decisions; writing record for the decision at issue also present brief summaries of why and publishing documents; and (particularly the supporting species these particular candidates warrant obtaining, reviewing, and evaluating assessment form), will provide an listing. More complete information, public comments and peer review adequate basis for a court to review the including references, is found in the comments on proposed rules and petition finding. species assessment forms. You may incorporating relevant information into

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69050 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

final rules. The number of listing Congress also recognized that the designations for species that already are actions that we can undertake in a given availability of resources was the key listed) was fully allocated to fund work year also is influenced by the element in deciding whether, when in the following categories of actions in complexity of those listing actions; that making a 12-month petition finding, we the Listing Program: Compliance with is, more complex actions generally are would prepare and issue a listing court orders and court-approved more costly. For example, during the proposal or make a ‘‘warranted but settlement agreements requiring that past several years, the cost (excluding precluded’’ finding for a given species. petition findings or listing publication costs) for preparing a 12- The Conference Report accompanying determinations be completed by a month finding, without a proposed rule, Pub. L. 97–304, which established the specific date; section 4 (of the Act) has ranged from approximately $11,000 current statutory deadlines and the listing actions with absolute statutory for one species with a restricted range warranted-but-precluded finding, states deadlines; essential litigation-related, and involving a relatively (in a discussion on 90-day petition administrative, and program uncomplicated analysis to $305,000 for findings that by its own terms also management functions; and a few high- another species that is wide-ranging and covers 12-month findings) that the priority listing actions. The allocations involving a complex analysis. deadlines were ‘‘not intended to allow for each specific listing action were We cannot spend more than is the Secretary to delay commencing the identified in the Service’s FY 2007 appropriated for the Listing Program rulemaking process for any reason other Allocation Table (part of our without violating the Anti-Deficiency than that the existence of pending or administrative record). Although more Act (see 31 U.S.C. 1341(a)(1)(A)). In imminent proposals to list species funds were available in FY 2007 than in addition, in FY 1998 and for each fiscal subject to a greater degree of threat previous years to work on listing actions year since then, Congress has placed a would make allocation of resources to that were not the subject of court orders statutory cap on funds which may be such a petition [i.e., for a lower-ranking or court-approved settlement expended for the Listing Program, equal species] unwise.’’ Taking into account agreements, based on the available to the amount expressly appropriated the information presented above, in FY funds and their allocation for these for that purpose in that fiscal year. This 2007, the outer parameter within which purposes, only limited FY 2007 funds cap was designed to prevent funds ‘‘expeditious progress’’ must be were available for work on proposed appropriated for other functions under measured is that amount of progress that listing determinations for the following the Act (e.g., Recovery funds for could be achieved by spending high-priority candidate species: 3 removing species from the Lists), or for $5,193,000, which was the amount southeastern aquatic species, all with other Service programs, from being used available in the Listing Program LPN 2 (Georgia pigtoe, interrupted for Listing Program actions (see House appropriation that was not within the rocksnail, and rough hornsnail); 2 Report 105–163, 105th Congress, 1st critical habitat subcap. species from the island of Oahu, Hawaii, Session, July 1, 1997). Our process is to make our Recognizing that designation of determinations of preclusion on a both with LPN 2 (Doryopteris takeuchii critical habitat for species already listed nationwide basis to ensure that the and Melicope hiiakae); 1 species from would consume most of the overall species most in need of listing will be the island of Molokai, Hawaii, with LPN Listing Program appropriation, Congress addressed first and also because we 2 (Phyllostegia hispida); 31 species from also put a critical habitat subcap in allocate our listing budget on a the island of Kauai, Hawaii, including place in FY 2002 and has retained it nationwide basis. However, through 24 species with LPN 2 and 7 other each subsequent year to ensure that court orders and court-approved candidates included in the listing some funds are available for other work settlements, Federal district courts have determination package for the sake of in the Listing Program: ‘‘The critical mandated that we must complete efficiency because they overlap habitat designation subcap will ensure certain listing activities with respect to geographically and/or have the same that some funding is available to specified species and have established threats (Kauai creeper, Drosophila address other listing activities’’ (House the schedules by which we must attigua, Astelia waialealae, Canavalia Report No. 107–103, 107th Congress, 1st complete those activities. The species napaliensis, Chamaesyce eleanoriae, Session, June 19, 2001). In FY 2002 and involved in these court-mandated listing Chamaesyce remyi var. kauaiensis, each year until last year (FY 2006), the activities are not always those that we Chamaesyce remyi var. remyi, Service has had to use virtually the have identified as being most in need of Charpentiera densiflora, Cyanea entire critical habitat subcap to address listing. As described below, a majority eleeleensis, Cyanea kuhihewa, court-mandated designations of critical of the $5,193,000 appropriation Cyrtandra oenobarba, Dubautia habitat, and consequently none of the available in FY 2007 for new listings of imbricata ssp. imbricata, Dubautia critical habitat subcap funds have been species is being consumed by court- plantaginea ssp. magnifolia, Dubautia available for other listing activities. mandated listing activities; by ordering waialealae, Geranium kauaiense, Thus, through the listing cap, the or sanctioning these actions, the courts Keysseria erici, Keysseria helenae, critical habitat subcap, and the amount essentially determined that these were Labordia helleri, Labordia pumila, of funds needed to address court- the highest priority actions to be Lysimachia daphnoides, Melicope mandated critical habitat designations, undertaken with available funding. degeneri, Melicope paniculata, Melicope Congress and the courts have in effect Copies of the court orders and puberula, Myrsine mezii, Pittosporum determined the amount of money settlement agreements referred to below napaliense, Platydesma rostrata, available for other listing activities. are available from the Service and are Pritchardia hardyi, Psychotria Therefore, the funds in the listing cap, part of the administrative record for grandiflora, Psychotria hobdyi, other than those needed to address these resubmitted petition findings. Schiedea attenuata, Stenogyne kealiae); court-mandated critical habitat for The FY 2007 appropriation of and 4 Hawaiian damselflies, all with already listed species, set the limits on $5,193,000 for listing activities (that is, LPN 2 (Megalagrion nesiotes, our determinations of preclusion and the portion of the Listing Program Megalagrion leptodemas, Megalagrion expeditious progress. funding not related to critical habitat oceanicum, Megalagrion pacificum).

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69051

Available FY 2007 listing allocation Allocated balance

FY07 Appropriation (including space reprogramming) ...... $5,193,000 $5,193,000 Space reprogramming (program’s portion of rent for building space) ...... 216,778 4,976,222 Regional & Washington Offices (staff salaries & benefits and administrative costs) ...... 1,674,012 3,302,210 90-day findings ...... 604,617 2,697,593 12-month findings ...... 830,193 1,867,400 Proposed Listing/Critical Habitat ...... 963,000 904,400 Economic Analysis (for Critical Habitat) ...... 504,400 400,000 Final Listing/CH ...... 300,000 100,000 Attorney Fees/Litigation Expenses ...... 100,000 0

Specific details regarding the endangered), the highest Heritage rank As explained above, a determination individual actions taken using the FY (G1), the highest Heritage threat rank that listing is warranted but precluded 2007 funding, which precluded our (substantial, imminent threats), and must also demonstrate that expeditious ability to undertake listing proposals for currently with fewer than 50 progress is being made to add qualified candidate species, except the species individuals, or fewer than 4 populations species to, and remove qualified species noted above, are provided below comprise a list of approximately 40 from, the Lists. (We note that in this (information on the cost of individual candidate species that have the highest CNOR we do not discuss specific actions is part of our administrative priority to receive funding to work on a actions taken on progress towards record). proposed listing determination. Note, to removing species from the Lists because In addition to being precluded by lack be more efficient in our listing process, that work is conducted using of available funds, work on proposed as we work on proposed rules for these appropriations for our Recovery rules for candidates with lower priority species in the next several years, we are program, a separately budgeted (i.e., those that have LPNs of 4–12) is preparing multi-species proposals when component of the Endangered Species also precluded by the need to issue appropriate, and these may include Program. As explained above in our proposed rules for higher-priority species with lower priority if they description of the statutory cap on Listing Program funds, the Recovery species facing high-magnitude, overlap geographically or have the same imminent threats (i.e., LPNs of 1–3). We Program funds and actions supported by threats as species with LPN of 2. currently have more than 120 species them cannot be considered in Finally, proposed rules for with an LPN of 2 (see Table 1). determining expeditious progress made reclassification of threatened species to We further ranked the candidate in the Listing Program.) As with our endangered are lower priority, since the species with an LPN of 2 by using the ‘‘precluded’’ finding, expeditious following extinction-risk type criteria: listing of the species already affords the progress in adding qualified species to IUCN Red list status/rank, Heritage rank protection of the Act and implementing the Lists is a function of the resources (provided by NatureServe), Heritage regulations. available and the competing demands threat rank (provided by NatureServe), Thus, we continue to find that for those funds. Our expeditious and species currently with fewer than proposals to list the petitioned progress in FY 2007 in the Listing 50 individuals, or 4 or fewer candidate species included in Table 1 Program, through September 30, 2007, populations. Those species with the are all warranted but precluded, except included preparing and publishing the highest IUCN rank (critically for the candidate species listed above. following:

FY 2007 COMPLETED LISTING ACTIONS AS OF 09/30/2007

Publication date Title Actions FR pages

10/11/2006 ...... Withdrawal of the Proposed Rule to Notice of withdrawal, Threats elimi- 71 FR 59700–59711. List the Cow Head Tui Chub (Gila nated. biocolor vaccaceps) as Endangered. 10/11/2006 ...... Revised 12-Month Finding for the Bea- Notice of 12-month petition finding, Not 71 FR 59711–59714. ver Cave Beetle warranted. (Pseudanophthalmus major). 11/14/2006 ...... 12-Month Finding on a Petition to List Notice of 12-month petition finding, Not 71 FR 66292–66298. the Island Marble Butterfly (Euchloe warranted. ausonides insulanus) as Threatened or Endangered. 11/14/2006 ...... 90-Day Finding for a Petition to List the Notice of 90-day petition finding, Sub- 71 FR 66298–66301. Kennebec River Population of Anad- stantial. romous Atlantic Salmon as Part of the Endangered Gulf Of Maine Dis- tinct Population Segment. 11/21/2006 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Not 71 FR 67318–67325. the Columbian Sharp-Tailed Grouse substantial. as Threatened or Endangered. 12/5/2006 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Not 71 FR 70483–70492. the Tricolored Blackbird as Threat- substantial. ened or Endangered.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69052 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

FY 2007 COMPLETED LISTING ACTIONS AS OF 09/30/2007—Continued

Publication date Title Actions FR pages

12/6/2006 ...... 12-Month Finding on a Petition To List Notice of 12-month petition finding, Not 71 FR 70717–70733. the Cerulean Warbler (Dendroica warranted. cerulea) as Threatened with Critical Habitat. 12/6/2006 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Not 71 FR 70715–70717. the Upper Tidal Potomac River Pop- substantial. ulation of the Northern Water Snake (Nerodia sipedon) as an Endangered Distinct Population Segment. 12/14/2006 ...... 90-Day Finding on a Petition to Re- Notice of 5-year Review, Initiation ...... 71 FR 75215–75220. move the Uinta Basin Hookless Cac- Notice of 90-day petition finding, Not tus From the List of Endangered and substantial. Threatened Plants; 90-Day Finding Notice of 90-day petition finding, Sub- on a Petition To List the Pariette stantial. Cactus as Threatened or Endan- gered. 12/19/2006 ...... Withdrawal of Proposed Rule to List Notice of withdrawal, More abundant 71 FR 76023–76035. Penstemon grahamii (Graham’s than believed, or diminished threats. beardtongue) as Threatened With Critical Habitat. 12/19/2006 ...... 90-Day Finding on Petitions to List the Notice of 90-day petition finding, Not 71 FR 76057–76079. Mono Basin Area Population of the substantial. Greater Sage-Grouse as Threatened or Endangered. 1/9/2007 ...... 12-Month Petition Finding and Pro- Notice of 12-month petition finding, 72 FR 1063–1099. posed Rule To List the Polar Bear Warranted. (Ursus maritimus) as Threatened Proposed Listing, Threatened ...... Throughout Its Range; Proposed Rule. 1/10/2007 ...... Endangered and Threatened Wildlife Clarification of findings ...... 72 FR 1186–1189. and Plants; Clarification of Signifi- cant Portion of the Range for the Contiguous United States Distinct Population Segment of the Canada Lynx. 1/12/2007 ...... Withdrawal of Proposed Rule To List Notice of withdrawal, More abundant 72 FR 1621–1644. Lepidium papilliferum (Slickspot than believed, or diminished threats. Peppergrass). 2/2/2007 ...... 12-Month Finding on a Petition To List Notice of 12-month petition finding, Not 72 FR 4967–4997. the American Eel as Threatened or warranted. Endangered. 2/13/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Sub- 72 FR 6699–6703. the Jollyville Plateau Salamander as stantial. Endangered. 2/13/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Not 72 FR 6703–6707. the San Felipe Gambusia as Threat- substantial. ened or Endangered. 2/14/2007 ...... 90-Day Finding on a Petition to List Notice of 90-day petition finding, Not 72 FR 6998–7005. Astragalus debequaeus (DeBeque substantial. milkvetch) as Threatened or Endan- gered. 2/21/2007 ...... 90-Day Finding on a Petition To Re- Notice of 5-year Review, Initiation ...... 72 FR 7843–7852. classify the Utah Prairie Dog From Notice of 90-day petition finding, Not Threatened to Endangered and Initi- substantial. ation of a 5-Year Review. 3/8/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Not 72 FR 10477–10480. the Monongahela River Basin Popu- substantial. lation of the Longnose Sucker as Endangered. 03/29/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Sub- 72 FR 14750–14759. the Siskiyou Mountains Salamander stantial. and Scott Bar Salamander as Threatened or Endangered. 04/24/2007 ...... Revised 12-Month Finding for Upper Notice of 12-month petition finding, Not 72 FR 20305–20314. Missouri River Distinct Population warranted. Segment of Fluvial Arctic Grayling. 05/02/2007 ...... 12-Month Finding on a Petition to List Notice of 12-month petition finding, Not 72 FR 24253–24263. the Sand Mountain Blue Butterfly warranted. (Euphilotes pallescens ssp. arenamontana) as Threatened or Endangered with Critical Habitat.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69053

FY 2007 COMPLETED LISTING ACTIONS AS OF 09/30/2007—Continued

Publication date Title Actions FR pages

05/22/2007 ...... Status of the Rio Grande Cutthroat Notice of Review ...... 72 FR 28864–28665. Trout. 05/30/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Sub- 72 FR 29933–29941. the Mt. Charleston Blue Butterfly as stantial. Threatened or Endangered. 06/05/2007 ...... 12-Month Finding on a Petition To List Notice of Review ...... 72 FR 31048–31049. the Wolverine as Threatened or En- dangered. 06/06/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Sub- 72 FR 31256–31264. the Yellow-Billed Loon as Threat- stantial. ened or Endangered. 06/13/2007 ...... 12-Month Finding for a Petition To List Notice of 12-month petition finding, Not 72 FR 32589–32605. the Colorado River Cutthroat Trout warranted. as Threatened or Endangered. 06/25/2007 ...... 12-Month Finding on a Petition To List Notice of amended 12-month petition 72 FR 34657–34661. the Sierra Nevada Distinct Popu- finding, Warranted but Precluded. lation Segment of the Mountain Yel- low-Legged Frog (Rana muscosa). 07/05/2007 ...... 12-Month Finding on a Petition To List Notice of 12-month petition finding, 72 FR 36635–36646. the Casey’s June Beetle (Dinacoma Warranted but precluded. caseyi) as Endangered With Critical Habitat. 08/15/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Not 72 FR 45717–45722. the Yellowstone National Park Bison substantial. Herd as Endangered. 08/16/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Sub- 72 FR 46023–46030. Astragalus anserinus (Goose Creek stantial. milk-vetch) as Threatened or Endan- gered. 8/28/2007 ...... 12-Month Finding on a Petition To List Notice of Review ...... 72 FR 49245–49246. the Gunnison’s Prairie Dog as Threatened or Endangered. 9/11/2007 ...... 90-Day Finding on a Petition To List Notice of 90-day petition finding, Not 72 FR 51766–51770. Kenk’s Amphipod, Virginia Well substantial. Amphipod, and the Copepod Acanthocyclops columbiensis as En- dangered. 9/18/2007 ...... 12-Month Finding on a Petition To List Notice of 12-month petition finding for 72 FR 53211–53222. Sclerocactus brevispinus (Pariette uplisting, Warranted but precluded. cactus) as an Endangered or Threat- ened Species; Taxonomic Change From Sclerocactus glaucus to Sclerocactus brevispinus, S. glaucus, and S. wetlandicus.

Our expeditious progress also conducting work on those actions in the under the Act, and actions in the bottom includes work on listing actions for 68 top section of the table under a deadline section of the table are high priority species for which decisions were not set by a court, actions in the middle listing actions: completed as of the end of FY 2007. section of the table to meet statutory These actions are listed below; we are timelines, that is, timelines required

LISTING ACTIONS FUNDED BUT NOT COMPLETED IN FY2007

Species Action

Actions Subject to Court Order/Settlement Agreement

Wolverine ...... 12-month petition finding (remand). Western sage grouse ...... 90-day petition finding (remand). Queen Charlotte goshawk ...... Final listing determination. Rio Grande cutthroat trout ...... Candidate assessment (remand).

Statutory Listing Actions

Polar bear ...... Final listing determination. Ozark chinquapin ...... 90-day petition finding. Kokanee ...... 90-day petition finding. Black-footed albatross ...... 90-day petition finding. Tucson shovel-nosed snake ...... 90-day petition finding.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69054 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

LISTING ACTIONS FUNDED BUT NOT COMPLETED IN FY2007—Continued

Species Action

Gopher tortoise—Florida population ...... 90-day petition finding. Sacramento valley tiger beetle ...... 90-day petition finding. Eagle lake trout ...... 90-day petition finding. Smooth billed ani ...... 90-day petition finding. Mojave ground squirrel ...... 90-day petition finding. Gopher tortoise—eastern population ...... 90-day petition finding. Bay Springs salamander ...... 90-day petition finding. Tehachapi slender salamander ...... 90-day petition finding. Coaster brook trout ...... 90-day petition finding. Mojave fringe-toed lizard ...... 90-day petition finding. Evening primrose ...... 90-day petition finding. Palm Springs pocket mouse ...... 90-day petition finding. Northern leopard frog ...... 90-day petition finding. Mountain whitefish—Big Lost River population ...... 90-day petition finding. Giant Palouse earthworm ...... 90-day petition finding. Shrike, Island loggerhead ...... 90-day petition finding. Cactus ferruginous pygmy owl ...... 90-day petition finding.

High Priority Listing Actions

3 Southeastern aquatic species ...... Proposed listing 2 Oahu plants ...... Proposed listing 31 Kauai species ...... Proposed listing 4 Hawaiian damselflies ...... Proposed listing Phyllostegia hispida ...... Proposed listing

We also funded work on resubmitted publication of the CNOR and and other species at risk. We are petitions findings for 203 candidate resubmitted petition findings is shared actively engaged in the conservation of species and 5 listed species (species between the Listing Program and the these species and have, to-date, signed petitioned prior to the last CNOR). Note Candidate Conservation Program. more than 100 Candidate Conservation we have not updated our resubmitted We have endeavored to make our Agreements and 16 Candidate petition finding for the Columbia Basin listing actions as efficient and timely as Conservation Agreements with population of the greater sage-grouse in possible, given the requirements of the Assurances. We are implementing these this notice as we are considering new relevant law and regulations, and voluntary conservation agreements for information and will update our constraints relating to workload and more than 140 species covering 5 findings at a later date. We also have not personnel. We are continually million acres of habitat. updated our resubmitted petition considering ways to streamline Through sustained implementation of findings for the 41 candidate species for processes or achieve economies of scale, strategically designed conservation which we are preparing proposed listing such as by batching related actions efforts, we are actively working to determinations, which will be together. Given our limited budget for conserve many candidate species. In published at a later date (see summaries implementing section 4 of the Act, these some instances, this culminates in below). As explained above, these actions described above collectively making listing unnecessary for species resubmitted petition findings are constitute expeditious progress. that are proposed or candidates for required by statute, and findings for Although we have not been able to listing. Recent examples include the these 203 candidates and 5 listed resolve the listing status of many of the Cow Head tui chub, Beaver Cave beetle, species are being published as part of candidates, several programs in the Surprising Cave beetle, and Warm this CNOR. We also funded revised 12- Service contribute to the conservation of Spring zaitzevian riffle beetle. month petition findings for 4 candidate these species. In particular, we have a species that we are removing from separate budgeted program, the Findings for Petitioned Candidate candidate status, which are being Candidate Conservation program, which Species published as part of this CNOR (see focuses on providing technical expertise For our revised 12-month petition Summary of Candidate Removals). We for developing conservation strategies findings for species we are removing are also funding work on the next and agreements to guide voluntary on- from candidate status, see summaries annual review of those resubmitted the-ground conservation work for above under ‘‘Summary of Candidate petition findings, which will be candidate and other at-risk species. The Removals.’’ published as part of the next CNOR. main goal of this program is to address Because the majority of these species the threats facing candidate species. If Mammals were already candidate species prior to sufficiently successful, this eliminates Pacific Sheath-tailed Bat, American our receipt of a petition to list them, we the need to list them, allowing us to Samoa DPS (Emballonura semicaudata had already assessed their status using remove them from the candidate list. semicaudata)—The following summary funds from our Candidate Conservation Through this program, we work with is based on information contained in Program. We also continue to monitor our partners (other Federal agencies, our files. No new information was the status of these species through our State agencies, Tribes, local provided in the petition we received on Candidate Conservation Program. The governments, private landowners, and May 11, 2004. This small bat is a cost of updating the species assessment private conservation organizations) to member of the Emballonuridae, an Old forms and publishing the joint address the threats to candidate species World bat family that has an extensive

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69055

distribution, primarily in the tropics. common and widespread in Polynesia that may reach 1,000 grams in weight, The Pacific sheath-tailed bat was once and Micronesia and it is the only and is one of two species within the common and widespread in Polynesia insectivorous bat recorded from a large genus Sylvilagus occurring in New and Micronesia and it is the only part of this area. The species as a whole England. New England cottontails are insectivorous bat recorded from a large (E. semicaudata) occurred on several of considered habitat specialists, in so far part of this area. The species as a whole the Caroline Islands (Palau, Chuuk, and as they are dependent upon early- (E. semicaudata) occurred on several of Pohnpei), Samoa (Independent and successional habitats typically the Caroline Islands (Palau, Chuuk, and American), the Mariana Islands (Guam described as thickets. The species is the Pohnpei), Samoa (Independent and and the CNMI), Tonga, Fiji, and only endemic cottontail in New American), the Mariana Islands (Guam Vanuatu. While populations appear to England. Historically, the NEC ranged and the CNMI), Tonga, Fiji, and be healthy in some locations, mainly in from southeastern New York (east of the Vanuatu. While populations appear to the Caroline Islands, they have declined Hudson River) north through the be healthy in some locations, mainly in drastically in other areas, including Champlain Valley, southern Vermont, the Caroline Islands, they have declined Independent and American Samoa, the the southern half of New Hampshire, drastically in other areas, including Mariana Islands, Fiji, and possibly southern Maine and south throughout Independent and American Samoa, the Tonga. Scientists recognize four Massachusetts, Connecticut and Rhode Mariana Islands, Fiji, and possibly subspecies: E. s. rotensis, endemic to the Island. The current range of the NEC has Tonga. Scientists recognize four Mariana Islands (Guam and the declined substantially and occurrences subspecies: E. s. rotensis, endemic to the Commonwealth of the Northern Mariana have become increasingly separated. Mariana Islands (Guam and the Islands (CNMI)); E. s. sulcata, occurring The species’ distribution is fragmented Commonwealth of the Northern Mariana in Chuuk and Pohnpei; E. s. palauensis, into five apparently isolated Islands (CNMI)); E. s. sulcata, occurring found in Palau; and E. s. semicaudata, metapopulations in about 14 percent of in Chuuk and Pohnpei; E. s. palauensis, occurring in American and Independent the species’ historic range. The area found in Palau; and E. s. semicaudata, Samoa, Tonga, Fiji, and Vanuatu. This occupied by the cottontail has occurring in American and Independent candidate assessment form addresses contracted from approximately 90,000 Samoa, Tonga, Fiji, and Vanuatu. This the Mariana Islands subspecies. E. s. sq km to 12,180 sq km. It is estimated candidate assessment form addresses rotensis is historically known from the that less than one third of the occupied the distinct population segment of E. s. Mariana Islands and formerly occurred sites occur on lands in conservation semicaudata that occurs in American on Guam and in the CNMI on Rota, status and fewer than 10 percent are Samoa. Aguiguan, Tinian (known from being managed for early successional E. s. semicaudata historically prehistoric records only), Saipan, and forest species. occurred in American and Independent possibly Anatahan and Maug. Currently, The primary threat to the New Samoa, Tonga, Fiji, and Vanuatu. It is E. s. rotensis appears to be extirpated England cottontail is loss of habitat extant in Fiji and Tonga, but may be from all but one island in the Mariana through succession and alteration. extirpated from Vanuatu and archipelago. The single remaining Isolation of occupied patches by areas of Independent Samoa. There is some population of this subspecies occurs on unsuitable habitat and high predation concern that it is also extirpated from Aguiguan, CNMI. rates are resulting in local extirpation of American Samoa, where surveys are Threats to this subspecies have not New England cottontails from small currently ongoing to ascertain its status. changed over the past year. The primary patches. The range of the New England The factors that have led to the decline threats to the subspecies are habitat loss cottontail has contracted by 75 percent of this subspecies are poorly and degradation as a result of feral goat or more since 1960 and current land understood; however, current threats to (Capra hircus) activity on the island of uses in the region indicate that the rate this subspecies include habitat loss, Aguiguan and the taxon’s small of change, about two percent range loss predation by introduced species, and its population size and limited per year, will continue. Additional small population size and distribution, distribution. Predation by nonnative threats include competition for food and which make the taxon extremely species and human disturbance are also habitat with introduced eastern vulnerable to extinction due to potential threats to the subspecies. The cottontails and large numbers of native typhoons and similar natural subspecies may be near the point where white-tailed deer; inadequate regulatory catastrophes. The Pacific sheath-tailed stochastic events, such as typhoons, are mechanisms in effect to protect the bat may also by susceptible to increasingly likely to affect its habitat; and mortality from predation. disturbance to roosting caves. The LPN continued survival. The disappearance Based on threats of high magnitude that for E. s. semicaudata is 3, because the of the remaining population on are imminent, we assigned this species magnitude of the threats is high, the Aguiguan would result in the extinction an LPN of 2. threats are imminent, and the taxon in of the subspecies. The LPN for E. s. Fisher, West Coast DPS (Martes question is a distinct population rotensis remains at 3 because the pennanti)—The following summary is segment of a subspecies. magnitude of the threats is high, the based on information in our files and in Pacific Sheath-tailed Bat threats are imminent, and the taxon in the Service’s initial warranted-but- (Emballonura semicaudata rotensis), question is a subspecies. precluded finding published in the Guam and the Commonwealth of the New England cottontail (Sylvilagus Federal Register on April 8, 2004 (68 FR Northern Mariana Islands—The transitionalis)—The following summary 18770). The fisher is a carnivore in the following summary is based on is based on information from our files family Mustelidae and is the largest information contained in our files. No and information collected during the member of the genus Martes. new information was provided in the public comment period on the 90-day Historically, the West Coast population petition we received on May 11, 2004. petition finding. We received the of the fisher extended south from British This small bat is a member of the petition on August 30, 2000. The 90-day Columbia into western Washington and Emballonuridae, an Old World bat finding was published on June 30, 2004 Oregon, and in the North Coast Ranges, family that has an extensive (69 FR 39395). Klamath-Siskiyou Mountains, and distribution, primarily in the tropics. The New England cottontail (NEC) is Sierra Nevada in California. The fisher The Pacific sheath-tailed bat was once a medium to large-sized cottontail rabbit is believed to be extirpated or reduced

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69056 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

to scattered individuals from the lower following summary is based on Olympia. Thus, we assign an LPN of 3 mainland of British Columbia through information contained in our files. No to these subspecies. Washington and in the central and new information was provided in the Palm Springs round-tailed ground northern Sierra Nevada range in petition received December 11, 2002. squirrel (Spermophilus tereticaudus California. Native populations of fisher Since publication of our last CNOR, the chlorus)—The following summary is currently occur in the North Coast Brush Prairie pocket gopher was based on information in our files. No Ranges of California, the Klamath- recently discovered to have been new information was provided in the Siskiyou Mountains of northern erroneously assigned to another species, petition we received on May 11, 2004. California and southern Oregon, and in T. talpoides douglasii (a northern pocket The Palm Springs round-tailed ground isolated populations occurring in the gopher). Mitochondrial DNA analysis squirrel is one of four recognized southern Sierra Nevada in California. determined that it is actually a subspecies of round-tailed ground Descendents of a fisher reintroduction subspecies of T. mazama, thus we are squirrels. The range of this squirrel is effort also occur in the southern Cascade now including this subspecies in our limited to the Coachella Valley region of Range in Oregon. There is a lack of candidate list as T. m. douglasii. Seven Riverside County, California. Primary precise empirical data on West Coast of these nine subspecies of pocket habitat for the Palm Springs round- DPS fisher numbers. However, there is gopher are associated with glacial tailed ground squirrel is the dunes and a lack of detections over much of the outwash prairies in western Washington hummocks associated with Prosopis fisher’s historic range, even with (T. m. melanops is found on alpine glandulosa var. torreyana (honey standardized survey and monitoring meadows in Olympic National Park, and mesquite) and to a lesser extent those efforts in California, Oregon, and T. m. douglasii is found in extreme dunes and hummocks associated with Washington. There is also a high degree southwest Washington). Of these seven Larrea tridentata (creosote), or other of genetic relatedness within some subspecies, five are likely still extant vegetation. Rapid growth of desert cities populations, and populations of native (couchi, glacialis, pugetensis, tumuli, such as Palm Springs and Palm Desert fisher in California are separated by four and yelmensis); two of the subspecies in the Coachella Valley has raised times the species’ maximum dispersal (louiei and tacomensis) are likely concerns about the conservation of the distance. The above listed factors all extinct. Few of these glacial outwash narrowly distributed Palm Springs indicate that the likely extant fisher prairies remain in Washington today. round-tailed ground squirrel. Urban populations are small and isolated from Historically, such prairies were patchily development and drops in the one another. distributed, but the area they occupied groundwater table have eliminated 90 Major threats that fragment or remove was approximately 170,000 acres. Now, percent of the honey mesquite in the key elements of fisher habitat include residential and commercial Coachella Valley. Furthermore, urban various forest vegetation management development, and ingrowth of woody development has fragmented habitat practices such as timber harvest and and/or nonnative vegetation (often due occupied by this squirrel thereby fuels reduction treatments. Other to fire-regime alteration) have further isolating populations. The high rate of potential major threats include: Stand- reduced their extent of suitable habitats. urban development and associated replacing fire, Sudden Oak Death In addition, development in or adjacent lowering of the groundwater table that Phytophthora, urban and rural to these prairies has likely increased was likely historically responsible for development, recreation development, predation on Mazama pocket gophers by the high losses of honey mesquite sand dune/hummocks habitat continues and highways. Major threats to fisher dogs and cats. that lead to direct mortality and injury today. We continue to assign the Palm to fisher include: Collisions with The magnitude of threat is high due Springs ground squirrel subspecies a vehicles; predation; and viral borne to populations with patchy and isolated listing priority of 3 because the threats diseases such as rabies, parvovirus, distributions in habitats highly desirable are ongoing and are of a high magnitude canine distemper, and Anaplasma for development and subject to a wide as they affect a large portion of its’ phagocytophilum. Existing regulatory variety of human activities that range. mechanisms on Federal, State, and permanently alter the habitat. The threat Southern Idaho ground squirrel private lands affect key elements of of invasive plant species to the quality (Spermophilus brunneus endemicus)— fisher habitat and do not provide of a highly specific habitat requirement The following summary is based on sufficient certainty that conservation is high and constant. There are few information contained in our files. The efforts will be effective or will be known populations of each subspecies. southern Idaho ground squirrel is implemented. The magnitude of threats A limited dispersal capability and the endemic to four counties in southwest is high as they occur across the range of loss and degradation of additional Idaho; its total known range is the DPS resulting in a negative impact patches of appropriate habitat will approximately 425,630 hectares on fisher distribution and abundance. further isolate populations and increase (1,051,752 acres). Threats to southern However, the threats are nonimminent their vulnerability to extinction. Loss of Idaho ground squirrels include: habitat as the greatest long-term risks to the any of the subspecies will reduce the deterioration and fragmentation; direct fisher in its west coast range are the genetic diversity and the likelihood of killing from shooting, trapping, or subsequent ramifications of the isolation continued existence of the Thomomys poisoning; predation; competition with of small populations, and the three mazama subspecies complex in Columbian ground squirrels; and remaining areas containing fisher Washington. The threats are imminent inadequacy of existing regulatory populations appear to be stable or not as they are ongoing. Gravel pits threaten mechanisms. Habitat deterioration and rapidly declining based on recent persistence of one of the subspecies fragmentation appear to be the primary survey and monitoring efforts. (Roy Prairie), and the largest threats to the species. Nonnative Therefore, we assigned an LPN of 6 to populations of two other subspecies annuals now dominate much of this this population. (Shelton and Olympia) are located on species’ range, have changed the species Mazama pocket gopher (Thomomys airports with planned development. composition of vegetation, and have mazama ssp. couchi, douglasii, Yelm pocket gophers are also threatened altered the fire regime in a perpetuating glacialis, louiei, melanops, pugetensis, by proposed development on Fort cycle throughout much of the range. tacomensis, tumuli, yelmensis)—The Lewis, and ongoing development in Habitat deterioration, destruction, and

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69057

fragmentation are thought to have unstable during drought and cheatgrass summary is based on information resulted in the current patchy contains large amounts of indigestible contained in our files. No new distribution of southern Idaho ground silica which may make it a poor information was provided in the squirrels. Based on recent genetic work, nutrition source. Fire recurrence petition we received on May 11, 2004. southern Idaho ground squirrels are intervals typically switch from 20–100 P. tabuensis is a small, dark, cryptic rail subject to more genetic drift and years in sagebrush-grassland ecosystems found in wetlands and rank scrub or inbreeding than expected. Cost effective to 3–5 years in cheatgrass-dominant forest in the Philippines, Australia, Fiji, methods of habitat restoration are sites. Increased fire occurrence reduces Tonga, Society Islands, Marquesas, currently unknown for southern Idaho native bunchgrass and shrub cover (by Independent Samoa, and American ground squirrels. Two Candidate competition or preventing the re- Samoa (Ofu, Tau). The genus Porzana is Conservation Agreements with establishment of shrub cover) and widespread in the Pacific, where it is Assurances (CCAAs) have been allows exotic species to further out- represented by numerous island- completed for this species, both of compete native species. endemic and flightless species (many of which allow agency access for The most contiguous, least-disturbed which are extinct as a result of population and habitat surveys and expanse of suitable Washington-ground- anthropogenic disturbances) as well as habitat enhancement/restoration work. squirrel habitat within the species’ several more cosmopolitan species, The magnitude of threat is moderate for range occurs on the Boeing site and including P. tabuensis. No subspecies of this species because habitat degradation Naval Weapons Training Facility near P. tabuensis are recognized. The remains the primary threat to the Boardman, Oregon. In Washington, the American Samoa population is the only species in some areas where the species largest expanse of known suitable population of spotless crakes under U.S. is found. While some habitat restoration habitat occurs on State and Federal jurisdiction. The available information has taken place, restoration has not yet land. In Washington, recent declines in indicates that distinct populations of the occurred on a meaningful scale to some colonies have been precipitous for spotless crake, a species not noted for further reduce the magnitude or unknown (possibly weather-related) long-distance dispersal, are definable. eliminate this threat. The immediacy of reasons. Recent surveys have located The population of spotless crakes in the threat is imminent for this species additional sites in Washington and American Samoa is discrete in relation due to the ongoing threat from the Oregon. However, detections are to the remainder of the species as a prevalence and dominance of nonnative primarily located in the three disjunct whole, which is distributed in widely vegetation and the current patchy metapopulations, indicating that separated locations. Although the distribution of the species. Thus, we fragmentation and increased spotless crake (and other rails) have assign an LPN of 9 to this subspecies. vulnerability to natural and man-made dispersed widely in the Pacific, island Washington ground squirrel factors is still a widespread threat. In rails have tended to reduce or lose their (Spermophilus washingtoni)—The Oregon, some threats are addressed by power of flight over evolutionary time following summary is based on the State listing of this species, and by and so become isolated (and vulnerable information contained in our files and the recently signed Threemile Canyon to terrestrial predators such as rats). The in the petition we received on March 2, Farms Multi-Species Candidate population of this species in American 2000. The Washington ground squirrel Conservation Agreement with Samoa is therefore distinct based on is one of the smallest members of the Assurances (Agreement). geographic and distributional isolation Current threats to the long-term subgenus Spermophilus and is found from spotless crake populations on within the shrub-steppe habitat of the persistence of this species include the other islands in the oceanic Pacific, the Columbia Basin ecosystem of Oregon following: historical and current habitat Philippines, and Australia. The and Washington. The soil types used by loss from the conversion of habitat to American Samoa population of the the squirrels are distributed sporadically agriculture and other development, spotless crake links the Central and within the species’ range, and have been habitat fragmentation, limited dispersal Eastern Pacific portions of the species’ significantly fragmented by human corridors, recreational shooting, genetic range. The loss of this population could development in the Columbia Basin. isolation and drift, spread of nonnative cause an increase of roughly 500 miles Approximately two-thirds of the species, and predation. Potential threats (805 kilometers) in the disjunction Washington ground squirrel’s total include disease, drought, and possible between the central and eastern historical range has been converted to competition with related ground- agriculture. When agriculture occurs, squirrel species in disturbed habitat at Polynesian portions of the spotless little evidence of ground squirrel use the periphery of their range. While there crake’s range, and could result in the has been documented, and reports are a variety of conservation actions and isolation of the Marquesas and Society indicate that agriculture (along with research activities, they do not address Islands populations by further limiting other development) continues to all of the threats throughout the species’ the potential for even rare genetic eliminate Washington-ground-squirrel range. Due to the widespread current exchange. Based on the discreteness and habitat in portions of its range. and potential threats to the species we significance of the American Samoa Most remaining habitat is threatened conclude the magnitude of threats population of the spotless crake, we by the occurrence and spread of remains high. Because the Agreement consider this population to be a distinct nonnative species, particularly addressed the imminent loss of a large vertebrate population segment which cheatgrass. Nonnative plants threaten portion of habitat to agriculture, and warrants review for listing under the squirrels by out-competing native because there are no other known, large- Act. plants, thereby altering available cover, scale efforts to convert suitable habitat Threats to this species have not food quantity and quality, and altering to agriculture, the threats, overall, are changed over the past year. The fire intervals. The ultimate effects of nonimminent. We, therefore, kept the population in American Samoa is cheatgrass invasion on this species are LPN at 5. threatened by small population size, not fully understood. While Washington limited distribution, predation by ground squirrels eat cheatgrass, it is not Birds nonnative mammals, continued likely a viable long-term dietary option Spotless crake, American Samoa DPS development of wetland habitat, and since cheatgrass populations are (Porzana tabuensis)—The following natural catastrophes such as hurricanes.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69058 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

The co-occurrence of a known predator States. The effects include changes in activities, plowing, flooding, and dredge of ground-nesting birds, the Norway rat plant community structure and species spoil dumping during the nesting (Rattus norvegicus), and the only known composition and in relative abundance season, as well as intentional population of the spotless crake under of species and plant density. These disturbances such as at the McChord Air U.S. jurisdiction, along with the changes are often linked to more Force Base where falcons and dogs are extremely restricted observed widespread changes in watershed used to haze the birds in order to distribution and low numbers, indicate hydrology. Livestock grazing in riparian prevent aircraft collisions. In some that the American Samoa distinct habitats typically results in reduction of areas, landowners have taken steps to population segment of this species plant species diversity and density, improve streaked-horned-lark nesting continues to merit status as a candidate especially of palatable broadleaf plants habitat. for listing. Based on our assessment of like willows and cottonwood saplings, The magnitude of threat is high due existing information about the and is one of the most common causes to small populations with low genetic imminence and high magnitude of these of riparian degradation. In addition to diversity and patchy and isolated threats, we assigned the spotless crake destruction and degradation of riparian habitats in areas desirable for an LPN of 3. habitats, pesticides may affect cuckoo development, many of which remain Kauai creeper (Oreomystis bairdi)— populations. In areas where riparian unsecured. The threat of invasive plant We have not updated our candidate habitat borders agricultural lands, e.g., species is high and constant, aside from assessment for this species as we are in California’s central valley, pesticide a few restoration sites. The numbers of currently developing a proposed listing use may indirectly affect cuckoos by individuals are low and the numbers of rule. reducing prey numbers, or by poisoning populations are few. Over-wintering Yellow-billed cuckoo, western U.S. nestlings if sprayed directly in areas birds are concentrated in larger flocks DPS (Coccyzus americanus)—The where the birds are nesting. We retain and subject to unpredictable wintering following summary is based on an LPN of 3 for the yellow-billed cuckoo habitat loss (especially in Oregon), information contained in our files and due to imminent threats of a high potentially affecting a large portion of the petition we received on February 9, magnitude. the population at one time. In 1998. See also our 12-month petition Friendly ground-dove, American Washington, known populations occur finding published on July 25, 2001 (66 Samoa DPS (Gallicolumba stairi stairi)— on airports, military bases, coastal FR 38611). The yellow-billed cuckoo is See above in ‘‘Summary of Listing beaches, and Columbia River islands, a medium-sized bird of about 12 inches Priority Changes in Candidates.’’ The where management, training activities, (30 centimeters) in length with a above summary is based on information recreation, and dredge spoil dumping slender, long-tailed profile and a fairly contained in our files. No new continue to negatively affect streaked- stout and slightly down-curved bill. information was provided in the horned-lark breeding and wintering. In Plumage is grayish-brown above and petition we received on May 11, 2004. Oregon, breeding and wintering sites white below, with rufous primary flight Streaked horned lark (Eremophila occur on Columbia River islands, in feathers with the tail feathers boldly alpestris strigata)—The following cultivated grass fields, grazed pastures, patterned with black and white below. summary is based on information fallow fields, roadside shoulders, Western cuckoos breed in large blocks contained in our files. No new Christmas tree farms, and wetland of riparian habitats (particularly information was provided in the mudflats. Such areas continue to be woodlands with cottonwoods (Populus petition we received on December 11, subject to negative impacts such as fremontii) and willows (Salix sp.). 2002. The streaked horned lark occurs dredge spoil dumping, development, Dense understory foliage appears to be in Washington and Oregon, and is plowing, mowing, pesticide and an important factor in nest site thought to be extirpated in British herbicide applications, trampling, selection, while cottonwood trees are an Columbia, Canada. In Washington, vehicle traffic, and recreation. important foraging habitat in areas surveys show that there are The threats are imminent due to the where the species has been studied in approximately 330 remaining breeding continued loss of suitable lark habitat, California. We consider the yellow- birds. In Oregon, the breeding risks to the wintering populations, plans billed cuckoos that occur in the western population is estimated to be for development on and adjacent to United States as a distinct population approximately 400 birds. several of its nesting areas, use of segment (DPS). The area for this DPS is The streaked horned lark’s breeding falcons and dogs to haze breeding birds west of the crest of the Rocky habitat continues to be threatened by at McChord AFB, planned and/or Mountains. loss and degradation due to conversion continued expansions of the McChord The threats currently facing the of native grasslands to other uses (such AFB West Ramp and Olympia Airport, yellow-billed cuckoo include habitat as agriculture, homes, recreational areas, and annual Air Force military training loss, cattle grazing, and pesticide and industry), encroachment of woody and fire-bombing on top of lark nesting application. Principal causes of riparian vegetation, and invasion of nonnative habitat. We continue to assign an LPN habitat losses are conversion to plant species (e.g., Scot’s broom, sod- of 3 to this species. agricultural and other uses, dams and forming grasses, and beachgrasses). Red knot (Calidris canutus rufa)—The river flow management, stream Wintering habitats are seemingly few, following summary is based on channelization and stabilization, and and susceptible to unpredictable information from our files and livestock grazing. Available breeding conversion to unsuitable over-wintering information provided by petitioners. We habitats for cuckoos have also been habitat. Where larks inhabit manmade received one petition on August 9, 2004, substantially reduced in area and habitats similar in structure to native and two others were each received on quality by groundwater pumping and prairies (such as airports, military August 5, 2005. The rufa subspecies is the replacement of native riparian reservations, agricultural fields, and one of six recognized subspecies of red habitats by invasive nonnative plants, dredge-formed islands), or where they knot and one of three subspecies particularly tamarisk. Overuse by occur adjacent to human habitation, occurring in North America (hereafter livestock has been a major factor in the they are subjected to a variety of all mention of red knot refers strictly to degradation and modification of unintentional human disturbances such the rufa subspecies). This subspecies riparian habitats in the western United as mowing, recreational and military makes one of the longest distance

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69059

migrations known in the animal restrictions effective from October 1, stabilization projects that are impacting kingdom as it travels between breeding 2006, to September 30, 2008, including areas used by migrating knots for areas in the central Canadian Arctic and a prohibition on harvest and landing of foraging, the inadequacy of existing wintering areas that are primarily in horseshoe crabs in New Jersey and regulatory mechanisms, human southern South America along the coast Delaware from January 1 through June 7, disturbance, and competition with other of Chile and Argentina. They migrate harvest of males only from June 8 species for limited food resources. Also, along the Atlantic coast of the United through December 31, and harvest the concentration of red knots in the States, where they may be found from limited to no more than 100,000 Delaware Bay areas and at a relatively Maine to Florida. The Delaware Bay horseshoe crabs per state per year. The small number of wintering areas make area (in Delaware and New Jersey) is the ASMFC also adopted other restrictions the species vulnerable to potential large- largest known spring migration stopover applicable to Maryland and Virginia. scale events in those areas such as oil area, with far fewer migrants New Jersey has established restrictions spills or severe weather. Overall, we congregating elsewhere along the which supersede those of the ASMFC; conclude that the major threat, the Atlantic coast. The concentration in the as a result there is a moratorium on all modification of habitat through Delaware Bay area occurs from the horseshoe crab harvest in New Jersey harvesting of horseshoe crabs to such an middle of May to early June, from May 15, 2006 through June 7, extent that it puts the viability of the corresponding to the spawning season 2008, after which the restrictions knot at substantial risk, is of a high of horseshoe crabs. The knots feed on adopted by ASMFC apply. In February magnitude, but is nonimminent because horseshoe crab eggs, rebuilding energy 2007, Delaware imposed a two-year of reductions and restrictions on reserves needed to complete migrations moratorium, effective January 1, 2007, harvesting horseshoe crabs. Based on to the Arctic and arrive on the breeding on harvest of horseshoe crabs within nonimminent threats of a high grounds in good condition. Surveys at Delaware lands or waters. In June 2007, magnitude, we retain an LPN of 6 for wintering areas and at Delaware Bay following litigation by two businesses this subspecies. during spring migration indicate a involved in the harvesting and sale of Kittlitz’s murrelet (Brachyramphus substantial decline in recent years. At horseshoe crabs, Delaware’s moratorium brevirostris)—See above in ‘‘Summary the Delaware Bay area, peak counts was overturned. Consequently Delaware of Listing Priority Changes in between 1982 and 1998 were as high as developed regulations allowing for a Candidates.’’ The above summary is 95,360 knots. Although counts may vary male-only horseshoe crab harvest, based on information contained in our considerably between years, some of the consistent with restrictions adopted by files and the petition we received on population fluctuations can be ASMFC. The reductions in commercial May 9, 2001. attributed to predator-prey cycles in the harvest since 1999 are substantial: Xantus’s murrelet (Synthliboramphus hypoleucus)—See above in ‘‘Summary breeding grounds, and counts show that 726,660 horseshoe crab landings for bait of Listing Priority Changes in knots rebound from such reductions. In were reported in 1999 in Delaware and Candidates.’’ The above summary is the past, horseshoe crab eggs were so New Jersey, compared to 173,177 in based on information contained in our numerous that a knot could eat enough 2004. However, we do not know files and the petition we received on in two to three weeks to double its whether horseshoe crab populations April 16, 2002. weight. Research shows that from 1997 will rebuild or how long a lag time there Lesser prairie-chicken (Tympanuchus to 2002 an increasing proportion of red may be in increased availability of eggs, pallidicinctus)—The following knots leaving the Delaware Bay failed to as they need 8 to 10 years to reach summary is based on information achieve threshold departure masses sexual maturity and other key contained in our files and the petition needed to fly to breeding grounds and information for estimating population received on October 5, 1995. Additional survive an initial few days of snow response is lacking. A survey in information can be found in the 12- cover, and this corresponded to reduced Delaware Bay showed spawning activity month finding published on June 7, annual survival rates. Recently, peak was stable or slightly declining from 1998 (63 FR 31400). Biologists estimate counts at the Delaware Bay area have 1999 to 2004. In 2004, availability of that the occupied range has declined by been lower than in the past and do not horseshoe crab eggs on principal 92 percent since the 1800s. The most show a rebound. The peaks were 13,315 shorebird foraging beaches increased serious threats to the lesser prairie- in 2004, 15,345 in 2005, and 13,455 in over recent years. The peak number of chicken are loss of habitat from 2006. Counts in recent years at the migrant red knots observed at Delaware conversion of native rangelands to principal wintering areas in South Bay increased slightly in 2005 compared introduced forages and cultivation, America also are substantially lower to 2004, and in 2006 the peak count was cumulative habitat degradation caused than in the past and do not show a similar to that in 2004. Also, body by severe grazing, woody plant invasion rebound. weights of red knots at the time of of open prairies, fire suppression, The primary factor threatening the red departure from Delaware Bay improved herbicides, and habitat fragmentation knot is destruction and modification of in 2005 over previous years. Counts of caused by structural and transportation its habitat, particularly the reduction in red knots at key wintering areas in developments. Many of these threats key food resources resulting from South America, although much reduced may exacerbate the normal effects of reductions in horseshoe crabs, which from the past, were similar in 2007 to periodic drought on lesser prairie- are harvested primarily for use as bait the counts in 2006 and 2005. Thus in chicken populations. In many cases, the and secondarily to support a biomedical recent years the number of knots has remaining suitable habitat has become industry. Commercial harvest increased been much lower than in the past and fragmented by the spatial arrangement substantially in the 1990’s. Since 1999, the trend in the abundance is not of these individual threats. Habitat a series of timing restrictions and improving despite a four-fold reduction fragmentation can be a threat to the substantially lower harvest quotas have in horseshoe crab landings since the late species through several mechanisms: been adopted by the Atlantic States 1990s. remaining habitat patches may become Marine Fisheries Commission (ASMFC), Other identified threat factors include smaller than necessary to meet the as well as New Jersey and Delaware. In habitat destruction due to beach erosion requirements of individuals and May 2006, the ASMFC adopted and various shoreline protection and populations, necessary habitat

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69060 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

heterogeneity may be lost to areas of favor of the USFWS and dismissing the band-rumped storm-petrel in the homogeneous habitat structure, areas plaintiff’s case. An appeal, dated Pacific, and could result in the complete between habitat patches may harbor November 24, 2004, was filed by the isolation of the Galapagos and Japan high levels of predators or brood Institute for Wildlife Protection populations without even occasional parasites, and the probability of regarding this decision. On March 3, genetic exchanges. recolonization decreases as the distance 2006, the 9th Circuit Court remanded The band-rumped storm-petrel between suitable habitat patches the finding back to the Service to revisit probably was common on all of the expands. the 90-day finding regarding the main Hawaiian Islands when Based on all currently available conclusion that the western sage-grouse Polynesians arrived about 1,500 years information, we find that ongoing is not a subspecies. The Court did ago, based on storm-petrel bones found threats to the lesser prairie-chicken, as uphold that the petitioned population in middens on the island of Hawaii and outlined in the 12-month finding, (western sage-grouse) does not in excavation sites on Oahu and remain unchanged and lesser prairie- constitute a DPS. We will publish an Molokai. Nesting colonies of this chickens continue to warrant federal updated finding addressing the species in the Hawaiian Islands listing as threatened. We have Columbia Basin DPS in the Federal currently are restricted to remote cliffs determined that the overall magnitude Register following our assessment of the on Kauai and Lehua Island and high- of threats to the lesser prairie-chicken remand. elevation lava fields on Hawaii. throughout its range is moderate, and Band-rumped storm-petrel, Hawaii Vocalizations of the species were heard in Haleakala Crater on Maui as recently that the threats are ongoing and thus, DPS (Oceanodroma castro)—The imminent. Consequently, an LPN of 8 as 2006; however, no nesting sites have following summary is based on remains appropriate for the species. been located on the island to date. The information contained in our files and Greater sage-grouse, Columbia Basin significant reduction in numbers and the petition we received on May 8, DPS (Centrocercus urophasianus)—We range of the band-rumped storm-petrel 1989. No new information was provided have not updated our finding with is due primarily to predation by in the second petition received on May regard to the Columbia Basin DPS of the nonnative predators introduced by 11, 2004. The band-rumped storm-petrel greater sage-grouse in this notice. The humans, including the domestic cat is a small seabird that is found in following summary is based on (Felis catus), small Indian mongoose several areas of the subtropical Pacific information in our files and a petition, (Herpestes auropunctatus), common dated May 14, 1999, requesting the and Atlantic Oceans. In the Pacific, barn owl (Tyto alba), black rat (R. listing of the Washington population of there are three widely separated rattus), Polynesian rat (Rattus exulans), western sage-grouse (C. u. phaios). breeding populations—one in Japan, and Norway rat (R. norvegicus), which Pursuant to Service policy (61 FR 4722), one in Hawaii, and one in the occur throughout the main Hawaiian on May 7, 2001, we concluded that Galapagos. Populations in Japan and the Islands, with the exception of the listing the Columbia Basin DPS of Galapagos are comparatively large and mongoose, which is not established on western sage-grouse, which was number in the thousands, while the Kauai. Attraction of fledglings to historically found in northern Oregon Hawaiian birds represent a small, artificial lights and collisions with and central Washington, was warranted, remnant population of possibly only a artificial structures such as but precluded by higher priority listing few hundred pairs. Band-rumped storm- communication towers and utility lines actions (66 FR 22984). In the May 4, petrels are most commonly found in are also threats. Erosion of nest sites 2004, notice, we found that a listing close proximity to breeding islands. The caused by the actions of nonnative proposal for this DPS was still three populations in the Pacific are ungulates is a potential threat in some warranted but precluded by higher separated by long distances across the locations. Efforts are underway in some priorities, and maintained its LPN of 6. ocean where birds are not found. areas to reduce light pollution and In the intervening time, the Service Extensive at-sea surveys of the Pacific mitigate the threat of collisions, but received two petitions requesting the have revealed a broad gap in there are no large-scale efforts to control listing of the entire ranges of the distribution of the band-rumped storm- nonnative predators in the Hawaiian nominal western and eastern subspecies petrel to the east and west of the Islands. Based on the imminent threats of greater sage-grouse, dated January 24 Hawaiian Islands, indicating the of a high magnitude, we assign this and July 3, 2002, respectively. However, distribution of birds in the central distinct population segment an LPN of based on communications with Pacific around Hawaii is disjunct from 3. recognized sage-grouse experts, other nesting areas. The available Elfin-woods warbler (Dendroica disagreement as to the validity of an information indicates that distinct angelae)—The following summary is eastern and western subspecies of sage- populations of band-rumped storm- based on information contained in our grouse existed. Due to this disagreement petrels are definable and that the files. No new information was provided in the scientific community, the Service Hawaiian population is distinct based in the petition we received on May 11, evaluated the available information with on geographic and distributional 2004. The elfin-woods warbler is a small regard to our section 4 listing isolation from other band-rumped entirely black and white warbler, responsibilities under the Endangered storm-petrel populations in Japan, the distinguished by its white eyebrow Species Act (USFWS 1992). The Service Galapagos, and the Atlantic Ocean. A stripe, white patches on ear covers and subsequently concluded that the eastern population also can be considered neck, incomplete eye ring, and black and western subspecies designations for discrete if it is delimited by crown. Dendroica angelae was at first greater sage-grouse are inappropriate international boundaries across which thought to occur only in the high given current taxonomic standards (68 exist differences in management control elevation dwarf or elfin forests, but it FR 6500 and 69 FR 933). The Institute of the species. The Hawaiian population has since been found at lower for Wildlife Protection filed a court of the band-rumped storm-petrel is the elevations, including shade coffee complaint, dated June 6, 2003, only population within U.S. borders or plantations and secondary forests. challenging the merits of the 90-day under U.S. jurisdiction. Loss of the Dendroica angelae builds a compact cup finding. On August 10, 2004, a U.S. Hawaiian population would cause a nest, usually close to the trunk and well District Court judge issued an order in significant gap in the distribution of the hidden among the epiphytes of a small

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69061

tree, and its breeding season extends dune lizards are not found at sites catenatus populations occur wholly or from March to June. This species forages lacking shinnery oak dune habitat. in part on public land, and Statewide in the middle part of trees, gleaning It is clear that shinnery oak removal and/or site-specific Candidate insects from leaves in the outer portion (e.g., by treating with the herbicide Conservation Agreements with of the tree crown. Dendroica angelae Tebuthiuron for livestock range Assurances (CCAAs) are currently being has been documented from four improvements) results in dramatic developed for many of these areas in locations in Puerto Rico: Luquillo reductions and extirpation of sand dune Iowa, Illinois, Michigan, and Wisconsin. Mountains, Sierra de Cayey, and the lizards. Scientists repeatedly confirmed In 2006, a CCAA with the Ohio Commonwealth forests of Maricao and the extirpation of sand dune lizards Department of Natural Resources Toro Negro. However, it has not been from areas with herbicide treatment to Division of Natural Areas and Preserves recorded again in Toro Negro and remove shinnery oak. In 1999, biologists was completed for Rome State Nature Cayey, following the passing of estimated that about 25 percent of the Preserve in Ashtabula County. Hurricane Hugo in 1989. In 2003 and total sand dune lizard habitat in New Populations soon to be under CCAs and 2004, surveys were conducted for the Mexico had been eliminated in the CCAAs have a high likelihood of elfin-woods warbler in the Carite previous 10 years. The population of persisting and remaining viable. Other Commonwealth Forest, Toro Negro sand dune lizards has also been affected populations are likely to suffer Forest, Guilarte Forest, Bosque del by oil and gas field development. An additional losses in abundance and Pueblo, Maricao Forest and the estimated 50-percent decline in sand genetic diversity and some will likely be Caribbean National Forest, but only dune lizard populations can be expected extirpated unless threats are removed in detected the species in the latter two. in areas with approximately 25 to 30 oil the near future. Because of the ongoing Biologist recorded 778 elfin-woods and/or gas wells per section. Because efforts to protect the subspecies through warblers in the Maricao Commonwealth the distribution of sand dune lizards is CCAAs, the magnitude of threats from Forest, and 196 elfin-woods warblers in localized and fragmented, and this habitat modification, habitat succession, the Caribbean National Forest. species is a habitat specialist, impacts to incompatible land management Habitat destruction from expansion of its habitat will most likely greatly practices, illegal collection for the pet public facilities within the forests, decrease populations. If current trade, and human persecution is potential construction of additional herbicide application continues and oil moderate overall, with most imminent telecommunication towers and their and gas development progresses as threats occurring to remaining maintenance, disruption of breeding expected, the magnitude of threat to populations on private lands. Due in activities from pedestrians and high sand dune lizards will increase. large part to the numerous CCAAs human use areas, switching from shade Continued pressure to develop oil and currently being developed and to sun coffee plantations, timber gas resources in areas with sand dune implemented, we do not believe management practices, potential lizards poses an imminent threat to the emergency listing is warranted and have predators, and catastrophic natural species. Therefore, we continue to kept the LPN at 9 for this subspecies. events such as hurricanes and forest assign this species an LPN of 2. fires, threaten this species. Although Eastern massasauga (Sistrurus Black pine snake (Pituophis these threats are not imminent, because catenatus catenatus)—The following melanoleucus lodingi)—The following most of the range of Dendroica angelae summary is based on information summary is based on information is within protected lands the magnitude contained in our files. No new contained in our files. No new of threat to Dendroica angelae is information was provided in the information was provided in the considered high, due to its restricted petition received on May 11, 2004. The petition we received on May 11, 2004. distribution and low population eastern massasauga is one of three There are historical records for the black numbers. Therefore, we assign an LPN recognized subspecies of massasauga. It pine snake from one parish in of 5 to this species. is a small, thick-bodied rattlesnake that Louisiana, 14 counties in Mississippi, occupies shallow wetlands and adjacent and 3 counties in Alabama west of the Reptiles upland habitat in portions of Illinois, Mobile River Delta. Black pine snake Sand dune lizard (Sceloporus Indiana, Iowa, Michigan, Minnesota, surveys and trapping indicate that this arenicolus)—The following summary is Missouri, New York, Ohio, species has been extirpated from based on information contained in our Pennsylvania, Wisconsin, and Ontario. Louisiana and from four counties in files and in the petition we received Although the current range of S. c. Mississippi. Moreover, the distribution June 6, 2002. The sand dune lizard is catenatus resembles the subspecies’ of remaining populations has become endemic to a small area in southeastern historical range, the geographic highly restricted due to the destruction New Mexico (Chaves, Eddy, Lea, and distribution has been restricted by the and fragmentation of the remaining Roosevelt Counties) and adjacent west loss of the subspecies from much of the longleaf pine habitat within the range of Texas (Andrews, Crane, Gaines, Ward, area within the boundaries of that range. the species. Most of the known and Winkler Counties). Within this area, Approximately 40 percent of the Mississippi populations are the known occupied and potentially counties that were historically occupied concentrated on the DeSoto National occupied habitat is only 1,697 square by S. c. catenatus no longer support the Forest. Populations occurring on kilometers (655 square miles) in New subspecies. S. c. catenatus is currently properties managed by State and other Mexico, and an area of unknown size in considered imperiled in every State and governmental agencies as gopher west Texas. The sand dune lizard’s province which it occupies. Each State tortoise mitigation banks or wildlife distribution is localized and fragmented and Canadian province across the range sanctuaries represent the best (i.e., known populations are separated of S. c. catenatus has lost more than 30 opportunities for long-term survival of by vast areas of unoccupied habitat), percent, and for the majority more than the species in Alabama. Other factors and the species is restricted to sand 50 percent, of their historical affecting the black pine snake include dune blowouts associated with active populations. Furthermore, less than 35 vehicular mortality and low sand dunes and shinnery oak (Quercus percent of the remaining populations reproductive rates, which magnify other harvardii) and scattered sandsage are considered secure. Approximately threats and increase the likelihood of (Artemisia filifolia) vegetation. Sand 59 percent of the remaining S. c. local extinctions. Due to the imminent

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69062 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

threats of high magnitude caused by the The distribution of the mountain wilderness on the forests, and national past destruction of most of the longleaf yellow-legged frog is from Butte and parks. In several areas where detailed pine habitat of the black pine snake, and Plumas counties in the north to Tulare studies of the effects of chytrid fungus the continuing persistent degradation of and Inyo counties in the south. A on the mountain yellow-legged frog are what remains, we assigned an LPN of 3 separate population in southern ongoing, substantial declines have been to this subspecies. California is already listed as observed over the past several years. For Louisiana pine snake (Pituophis endangered (67 FR 44382). example, in 2005 surveys in Yosemite ruthveni)—See above in ‘‘Summary of Predation by introduced trout is the National Park mountain yellow-legged Listing Priority Changes in Candidates.’’ best-documented cause of the decline of frogs were not detectable at 37 percent The above summary is based on the Sierra Nevada mountain yellow- of 113 sites where they had been information contained in our files and legged frog, because it has been observed in 2000–2002; in 2005 in the petition we received on July 19, repeatedly observed that nonnative Sequoia and Kings Canyon National 2000. fishes and mountain yellow-legged frogs Parks mountain yellow-legged frogs Sonoyta mud turtle (Kinosternon rarely co-exist. Mountain yellow-legged were not detected at 47 percent of sites sonoriense longifemorale)—The frogs and trout (native and nonnative) where they had been recorded 3–8 years following summary is based on do co-occur at some sites, but these co- earlier. A compounding effect of information contained in our files. No occurrences probably are mountain disease-caused extinctions of mountain new information was provided in the yellow-legged frog populations with yellow-legged frogs is that petition we received on May 11, 2004. negative population growth rates in the recolonization may never occur, because The Sonoyta mud turtle occurs in a absence of immigration. To help reverse streams connecting extirpated sites to spring and pond at Quitobaquito the decline of the mountain yellow- extant populations now contain Springs on Organ Pipe Cactus National legged frog, the Sequoia and Kings introduced fishes, which act as barriers Monument in Arizona, and in the Rio Canyon National Parks have been to frog movement within Sonoyta and Quitovac Spring of Sonora, removing introduced trout since 2001. metapopulations. The most recent Mexico. Loss and degradation of stream Over 18,000 introduced trout have been assessment of the species status in the habitat from water diversion and removed from 11 lakes since the project Sierra Nevada indicates that mountain- groundwater pumping, along with its started in 2001. The lakes are yellow legged frogs occur at less than 8 very limited distribution, is the primary completely- to mostly fish-free and percent of the sites from which they threat to the Sonoyta mud turtle. substantial mountain yellow-legged frog were historically observed. A group of Sonoyta mud turtles are highly aquatic population increases have resulted. The prominent scientists further suggest a 10 and depend on permanent water for California Department of Fish and Game percent decline per year in the number survival. The area of southwest Arizona (CDFG) has also removed or is in the of remaining Rana mucosa populations and northern Sonora where the Sonoyta process of removing nonnative trout and urge the listing of the mountain mud turtle occurs is one of the driest from a total of between 10 and 20 water yellow-legged frogs as endangered. regions of the southwest. Due to bodies in the Inyo, Humboldt-Toiyabe, Based on imminent, high-magnitude continuing drought, irrigated Sierra, and El Dorado National Forests. threats, we continue to assign the agriculture, and development in the In the El Dorado National Forest golden population of mountain yellow-legged region, surface water in the Rio Sonoyta trout were removed from Leland Lakes, frog in the Sierra Nevada an LPN of 3. can be expected to dwindle further. This and attempts have been made to remove species may also be vulnerable to aerial trout from two sites near Gertrude Lake Oregon spotted frog (Rana pretiosa)— spraying of pesticides on nearby and a tributary of Cole Creek; no data The following summary is based on agricultural fields. We retained an LPN showing increase in mountain yellow- information contained in our files and of 3 for this subspecies because threats legged frogs at these sites was available. the petition we received on May 4, are of a high magnitude and continue to In California, chytridiomycosis, more 1989. Historically, the Oregon spotted date, and therefore, are imminent. commonly known as chytrid fungus, has frog ranged from British Columbia to the been detected in many amphibian Pit River drainage in northeastern Amphibians species, including the mountain yellow- California. Based on surveys of Columbia spotted frog, Great Basin legged frog within the Sierra Nevada. historical sites, the Oregon spotted frog DPS (Rana luteiventris)—See above in Recent research has shown that this is now absent from at least 76 percent ‘‘Summary of Listing Priority Changes in pathogenic fungus is widely distributed of its former range. The majority of the Candidates.’’ The above summary is throughout the Sierra Nevada, and that remaining Oregon spotted frog based on information contained in our infected mountain yellow-legged frogs populations are small and isolated. The files and the petition we received on die soon after metamorphosis. Several threats to the species’ habitat include May 1, 1989. infected and uninfected populations development, livestock grazing, Mountain yellow-legged frog, Sierra were monitored in Sequoia and Kings introduction of nonnative plant species, Nevada DPS (Rana muscosa)—The Canyon National Parks over multiple changes in hydrology due to following summary is based on years, documenting dramatic declines construction of dams and alterations to information contained in our files and and extirpations in infected but not in seasonal flooding, and poor water the petition received on February 8, uninfected populations. In the summer quality. Additional threats to the species 2000. Also see our 12-month petition of 2005, 39 of 43 populations assayed in are predation by nonnative fish and finding published on January 16, 2003 Yosemite National Park were positive introduced bullfrogs; competition with (68 FR 2283) and our amended 12- for chytrid fungus. bullfrogs for habitat; and diseases, such month petition finding published on The current distribution of the Sierra as oomycete water mold Saprolegnia June 25, 2007 (72 FR 34657). The Nevada mountain yellow-legged frog is and chytrid fungus infections. The mountain yellow-legged frog inhabits restricted primarily to publicly managed magnitude of threat is high for this the high elevation lakes, ponds, and lands at high elevations, including species because the small populations streams in the Sierra Nevada Mountains streams, lakes, ponds, and meadow with patchy and isolated distributions of California, from near 4,500 feet (ft) wetlands located on national forests, are subject to a wide range of threats to (1,370 meters (m)) to 12,000 ft (3,650 m). including wilderness and non- both individuals and their habitats that

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69063

could seriously reduce or eliminate any Ozark hellbender (Cryptobranchus The popularity of these float streams has of these isolated populations and further alleganiensis bishopi)—The following grown to the point that the National reduce the range of the species. Habitat summary is based on information Park Service is considering alternatives restoration and management actions contained in our files. No new to reducing the number of boats that can have not prevented a decline in the information was provided in the be launched daily by concessionaires. reproductive rates in some populations. petition we received on May 11, 2004. To date, nothing has been done to The threats are imminent because each Since the species was elevated to reduce or ameliorate ongoing threats to population is faced with multiple candidate status in 2001 (66 FR 54808), Ozark hellbenders. The Ozarks region ongoing and potential threats. the known threats have increased. In continues to experience rapid Therefore, we retain an LPN of 2 for the particular, the 2006 discovery of the urbanization, expansion of industrial Oregon spotted frog. amphibian disease chytridiomycosis, agricultural practices such as Relict leopard frog (Rana onca)—The caused by the pathogen concentrated animal feeding operations following summary is based on Batrachochytrium dendrobatidis, in (chickens, turkeys, hogs, cattle), and information contained in our files and captive and remaining wild populations logging. No laws are in place to the petition we received on May 9, of the Ozark hellbender has made preclude livestock from grazing in 2002. Relict leopard frogs are currently increased protection vital to persistence riparian corridors and resting in or known to occur only in two general of this subspecies. Chytridiomycosis has along streams and rivers. The majority areas in Nevada: near the Overton Arm proven fatal to several amphibian of the Ozarks region in Missouri and area of Lake Mead, and Black Canyon species worldwide, as well as to Ozark Arkansas is comprised of karst below Lake Mead. These two areas hellbenders in captivity. The majority topography (caves, springs, sinkholes, comprise a small fraction of the (approximately 75 percent) of captive and losing streams) further complicating historical distribution of the species, hellbenders at the St. Louis Zoo (St. the containment and transport of which included springs, streams, and Louis, Missouri) that have been infected potential contaminants. In short, the wetlands within the Virgin River with chytridiomycosis have died. abundance of waste being generated and drainage downstream from the vicinity Deaths relating to chytridiomycosis lack of adequate treatment facilities or of Hurricane, Utah; along the Muddy continue to occur as the St. Louis Zoo practices for both human and livestock River, Nevada; and along the Colorado staff continues to search for an effective waste poses a significant and ever River from its confluence with the way to treat infected animals. Due to the increasing threat to aquatic ecosystems. Virgin River downstream to Black incidence of Batrachochytrium The decrease in Ozark hellbender range Canyon below Lake Mead, Nevada and dendrobatidis in the St. Louis Zoo and population size and the shift in age Arizona. Suggested factors contributing hellbender population, in 2006 the structure are likely due in part to a to the decline of the species include Missouri Department of Conservation variety of historic and ongoing alteration of aquatic habitat due to began testing wild hellbenders in activities. The primary causes of these agriculture and water development, Missouri for infection of the pathogen. trends are habitat destruction and including regulation of the Colorado Individuals that tested positive for the modification. Among these are River, and the introduction of exotic pathogen were found in all three Ozark impoundment, channelization, and predators and competitors. In 2005, the hellbender rivers in Missouri. Although siltation and water quality degradation National Park Service, in cooperation dead animals in the wild have not been from a variety of sources, including with the Service and various other seen, animals continue to be seen with industrialization, agricultural runoff, Federal, State, and local partners, increasingly severe abnormalities. These mine waste, and timber harvest. developed a conservation agreement abnormalities have not been linked Overutilization of hellbenders for and strategy which is intended to conclusively with the presence of commerce and scientific purposes is improve the status of the species Batrachochytrium dendrobatidis; also likely contributing to their decline. through prescribed management actions however, considering the types of The regulations targeting these threats, and protection. Conservation actions abnormalities documented (e.g., lesions, including Clean Water Act and state identified for implementation in the digit and appendage loss, epidermis laws, have not prevented Ozark agreement and strategy include captive sloughing) researchers believe there is hellbender declines. Finally, most of the rearing tadpoles for translocation and likely a connection. In general, remaining Ozark hellbender populations refugium populations, habitat and researchers have found that are small and isolated, making them natural history studies, habitat abnormalities in Ozark hellbenders are vulnerable to individual catastrophic enhancement, population and habitat becoming increasingly more severe, events and reducing the likelihood of monitoring, and translocation. often to a level that the animal is recolonization after localized Conservation is proceeding under the approaching death (e.g., missing digits extinctions. Due to the existence of agreement; however, additional time is on all/most limbs, missing all/most ongoing, high-magnitude threats and the needed to determine whether or not the limbs). Recreational pressures on Ozark newly documented presence of agreement will be effective in hellbender rivers have also increased chytridiomycosis, we are deliberating eliminating or reducing the threats to substantially on an annual basis. The whether emergency listing is the point that the relict leopard frog can Missouri Department of Conservation appropriate for the Ozark hellbender be removed from candidate status. reports that gigging popularity and and continue to assign an LPN of 3 to However, because of these conservation pressure have increased, and present a this subspecies. efforts the magnitude of existing threats significant threat to hellbenders during Austin blind salamander (Eurycea is low to moderate. These threats remain the breeding season as they tend to waterlooensis)—The following summary nonimminent since there are no known move greater distances and congregate is based on information in our files. No projects or actions that would adversely in small groups where they are an easy new information was provided in the affect frog populations or threaten target for giggers. Canoe, kayak, and petition we received on May 11, 2004. surface water associated with known motor/jet boat traffic has increased in The Austin blind salamander is known sites occupied by the frog. We assigned recent years on the Jacks Fork, Current, to occur in and around three of the four an LPN of 11 to this species. Eleven Point, and North Fork Rivers. spring sites that comprise the Barton

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69064 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

Springs complex in the City of Austin, water quality continues to degrade. however, it is unknown if these Travis County, Texas. Thus, we retain an LPN of 2 for this measures will be implemented or if they Primary threats to this species are species. will be effective in maintaining or degradation of water quality and Georgetown salamander (Eurycea improving water quality. quantity due to expanding urbanization. naufragia)—The following summary is Development occurring outside the The Austin blind salamander depends based on information in our files. No Texas Commission on Environmental on a constant supply of clean water in new information was provided in the Quality’s jurisdiction can have negative the Edwards Aquifer discharging from petition we received on May 11, 2004. consequences on water quality and thus Barton Springs for its survival. The Georgetown salamander is known have an impact on the species. Despite Urbanization dramatically alters the to occur in spring outlets along five having the Edwards Rules in place, as normal hydrologic regime and water tributaries to the San Gabriel River and well as other local ordinances, 10 years quality of an area. Increased impervious one cave in the City of Georgetown, of trend data at Barton Springs in cover caused by development increases Williamson County, Texas. The Austin, Texas, continues to show that the quantity and velocity of runoff that Georgetown salamander has a very water quality is declining. Because of leads to erosion and greater pollution limited distribution and depends on a the limited distribution of the transport. Pollutants and contaminants constant supply of clean water from the Georgetown salamander, the magnitude that enter the Edwards Aquifer are Northern Segment of the Edwards of the threats facing it is high. The discharged in salamander habitat at Aquifer for its survival. threats are also imminent because Barton Springs and have serious Primary threats to this species are urbanization is ongoing and continues morphological and physiological effects degradation of water quality and to expand over the Northern Segment of to the salamander. As the human quantity due to expanding urbanization. the Edwards Aquifer. Thus, we retain an population increases in central Texas, Increased impervious cover by LPN of 2 for this species. greater demand on groundwater sources development increases the quantity and Salado salamander (Eurycea occurs. Increased pumping of the velocity of runoff that leads to erosion chisholmensis)—The following Edwards Aquifer can result in reduced and greater pollution transport. summary is based on information in our springflows that may also have a Pollutants and contaminants that enter files. No new information was provided detrimental impact on the salamander. the Edwards Aquifer are discharged in the petition we received on May 11, The Texas Commission on from spring outlets in salamander 2004. The Salado salamander is Environmental Quality adopted the habitat and have serious morphological historically known to occur in two Edwards Rules in 1995 and 1997, which and physiological effects to the species. spring sites, Big Boiling Springs and require a number of water quality As the human population increases in Robertson Springs, near Salado, Bell protection measures for new central Texas, greater demand on County, Texas. Salamanders have not development occurring in the recharge groundwater sources occurs. Increased been located at Robertson Springs since and contributing zones of the Edwards groundwater pumping of the Edwards 1991. Aquifer. However, Chapter 245 of the Aquifer results in reduced springflows Primary threats to this species are Texas Local Government Code permits that may also have a detrimental impact habitat modification and degradation of ‘‘grandfathering’’ of state regulations. on the salamander. water quality and quantity due to Grandfathering allows developments to The Texas Commission on expanding urbanization. Many of the be exempted from any new local or state Environmental Quality adopted the spring outlets in the City of Salado have requirements for water quality controls Edwards Rules in 1995 and 1997, which been modified by dam construction. and impervious cover limits if the require a number of water quality Because Big Boiling Springs is located developments were planned prior to the protection measures for new near Interstate 35 and in the center of implementation of such regulations. As development occurring in the recharge the city, increasing traffic and a result of the grandfathering law, very and contributing zones of the Edwards urbanization increase threats of few developments have followed these Aquifer. However, Chapter 245 of the contamination from spills, higher levels ordinances. New developments are still Texas Local Government Code permits of impervious cover, and subsequent obligated to comply with regulations ‘‘grandfathering’’ of State regulations. impacts to groundwater. Several that were applicable at the time when Grandfathering allows developments to groundwater contamination incidents project applications for development be exempted from any new local or have occurred within Salado were first filed. In addition, it is State requirements for water quality salamander habitat. The Salado significant that even if they were controls and impervious cover limits if salamander depends on a constant followed with every new development, the developments were planned prior to supply of clean water from the Northern these ordinances do not span the entire the implementation of such regulations. Segment of the Edwards Aquifer for its watershed for Barton Springs. As a result of the grandfathering law, survival. Pollutants and contaminants Consequently, development occurring very few developments have followed that enter the Edwards Aquifer outside these jurisdictions can have these ordinances. New developments discharge in salamander habitat and negative consequences on water quality are still obligated to comply with have serious morphological and and thus have an impact on the species. regulations that were applicable at the physiological effects to the salamander. Despite having the Edwards Rules, as time when project applications for As the human population increases in well as other local ordinances, in place, development were first filed. In central Texas, greater demand on 10 years of trend data continues to show addition, it is significant that even if groundwater sources occurs. Increased that water quality at Barton Springs is they were followed with every new pumping of the Edwards Aquifer can declining. Because of the limited development, these ordinances do not result in reduced springflows that may distribution of this species, the span the entire watershed for the also have a detrimental impact on the magnitude of the threats facing it is Edwards Aquifer. The Texas salamander. high. The threats are imminent because Commission on Environmental Quality Controls of nonpoint source pollution urbanization is ongoing and continues has developed voluntary water quality in the watershed are implemented to expand over the Barton Springs protection measures for development in through the Edwards Rules (water Segment of the Edwards Aquifer and the Edwards Aquifer region of Texas; quality protection measures for the

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69065

recharge and contributing zones of the Yosemite toads. Grazing can also and isolated and threatened by a Edwards Aquifer) adopted by the Texas degrade or destroy moist upland areas combination of factors. Commission on Environmental Quality used as non-breeding habitat by Headwater chub are threatened by in 1995 and 1997. Although Yosemite toads and collapse rodent introductions of nonnative fish that prey implementation of the Edwards Rules in burrows used by Yosemite toads as on them and/or compete with them for other areas of the Northern Segment of cover and hibernation sites. Timber food. These nonnative fish are difficult the Edwards Aquifer may have the harvesting and associated road to eliminate and, therefore, pose an on- potential to affect conditions at spring development could severely alter the going threat. Habitat destruction and sites occupied by the Salado terrestrial environment and result in the modification has occurred and salamander, the jurisdiction of Texas reduction and occasional extirpation of continues to occur as a result of Commission on Environmental Quality amphibian populations in the Sierra dewatering, impoundment, does not extend into Bell County. For Nevada. These habitat gaps may act as channelization, and channel changes this reason, compliance with the dispersal barriers and contribute to the caused by alteration of riparian Edwards Rules is not required in this fragmentation of Yosemite toad habitat vegetation and watershed degradation part of the Edwards Aquifer. There are and populations. Trails (foot, horse, from mining, grazing, roads, water no other local or regional water bicycle, or off-highway motor vehicle) pollution, urban and suburban protection measures that have been put compact soil in riparian habitat, which development, groundwater pumping, in place for areas that feed the springs increases erosion, displaces vegetation, and other human actions. Existing known to be occupied by the Salado and can lower the water table. regulatory mechanisms do not appear to salamander. Because of the limited Trampling or the collapsing of rodent be adequate for addressing the impact of distribution of this species, the burrows by recreational users, pets, and nonnative fish and also have not magnitude of the threats facing it is vehicles could lead to direct mortality of removed or eliminated the threats that high. The threats are also imminent all life stages of the Yosemite toad and continue to be posed in relation to because urbanization is ongoing and disrupt their behavior. Various diseases habitat destruction or modification. The contamination events are occurring near have been confirmed in Yosemite toads. fragmented nature and rarity of existing spring sites known to support Salado Mass die-offs of amphibians have been populations makes them vulnerable to salamanders. Thus, we retain an LPN of attributed to: Chytrid fungal infections other natural or manmade factors, such 2 for this species. of metamorphs and adults; Saprolegnia as drought and wildfire. Yosemite toad (Bufo canorus)—The fungal infections of eggs; iridovirus The Arizona Game and Fish following summary is based on infection of larvae, metamorphs, or Department has created the Arizona information contained in our files and adults; and bacterial infections. Statewide Conservation Agreement for the petition we received on April 3, Yosemite toads probably are exposed to Roundtail Chub (G. robusta), Headwater 2000. See also our 12-month petition a variety of pesticides and other Chub, Flannelmouth Sucker finding published on December 10, 2002 chemicals throughout their range. (Catostomus latipinnis), Little Colorado (67 FR 75834). Yosemite toads are Environmental contaminants could River Sucker (Catostomus spp.), moderately sized toads with females negatively affect the species by causing Bluehead Sucker (C. discobolus), and having black spots, edged with white or direct mortality; suppressing the Zuni Bluehead Sucker (C. discobolus cream, that are set against a grey, tan or immune system; disrupting breeding yarrowi), which is in the process of brown background. Males have a nearly behavior, fertilization, growth or being finalized. The New Mexico uniform coloration of yellow-green to development of young; and disrupting Department of Game and Fish recently olive drab to greenish brown. Yosemite the ability to avoid predation. We listed the headwater chub as toads are most likely to be found in retained an LPN of 11 for the Yosemite endangered and created a recovery plan areas with thick meadow vegetation or toad since the threats are nonimminent for the species, Colorado River Basin patches of low willows near or in water, and moderate to low in magnitude. Chubs (Roundtail Chub, Gila Chub (G. and use rodent burrows for Black Warrior waterdog (Necturus intermedia), and Headwater Chub) overwintering and temporary refuge alabamensis)—See above in ‘‘Summary Recovery Plan, which was approved by during the summer. Breeding habitat of Listing Priority Changes in the New Mexico State Game includes the edges of wet meadows, Candidates.’’ The above summary is Commission on November 16, 2006. slow flowing streams, shallow ponds based on information contained in our Both the Arizona Agreement and the and shallow areas of lakes. The historic files. No new information was provided New Mexico Recovery Plan recommend range of Yosemite toads in the Sierra in the petition we received on May 11, preservation and enhancement of extant Nevada occurs from the Blue Lakes 2004. populations and restoration of historical region north of Ebbetts Pass (Alpine headwater chub populations. The Fishes County) to south of Kaiser Pass in the recovery and conservation actions Evolution Lake/Darwin Canyon area Headwater chub (Gila nigra)—The prescribed by Arizona and New Mexico (Fresno County). The historic following summary is based on plans, which we believe will reduce and elevational range of Yosemite toads is information contained in our files and remove threats to this species, will 1,460 to 3,630 m (4,790 to 11,910 ft). the 12-month finding on a petition to require further discussions and The threats currently facing the list the species we published May 3, authorizations before they can be Yosemite toad include cattle grazing, 2006 (71 FR 26007). The range of the implemented. However, due to the timber harvesting, recreation, disease, headwater chub has been reduced by ongoing high magnitude threats, and climate change. Inappropriate approximately 50 to 60 percent. including loss of habitat, degradation of grazing has shown to cause loss of Approximately 16 streams (125 miles remaining habitat, and others (e.g., vegetative cover and destruction of peat (200 kilometers) of stream) are thought nonnative species, drought, and fire), layers in meadows, which lowers the to be occupied out of 19 streams (312 we maintain the current LPN of 2 for groundwater table and summer flows. miles (500 kilometers) of stream) this species. This may increase the stranding and formerly occupied in the Gila River Arkansas darter (Etheostoma mortality of tadpoles, or make these Basin in Arizona and New Mexico. cragini)—The following summary is areas completely unsuitable for Remaining populations are fragmented based on information from our files. No

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69066 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

new information was provided in the thought to form six population clusters, Rush darter (Etheostoma petition we received on May 11, 2004. which are isolated from one another by phytophilum)—The following summary The Arkansas darter is a small fish in poor quality habitat, impoundments, or is based on information contained in the perch family native to portions of natural barriers. Specific information on our files. No new information was the Arkansas River basin. The species’ the threats to the current distribution of provided in the petition we received on range includes sites in extreme the Cumberland darter was initiated in May 11, 2004. The Rush Darter is northwestern Arkansas, southwestern May 2006 by the Kentucky Department endemic to upland portions of the Black Missouri, and northeastern Oklahoma, of Fish and Wildlife Resources and Warrior River system in Alabama where within the Neosho River watershed. It additional sampling was completed in it occurs in shallow headwater streams. also occurs in a number of watersheds spring 2007 at approximately 10 to 15 This species is uncommon and sporadic and isolated streams in eastern sites in Kentucky and Tennessee. within its range, as it favors shallow, Colorado, south-central and Collectively, these factors are serious flowing water in spring runs and spring- southwestern Kansas, and the Cimarron and significant impediments to the associated streams with emergent watershed in northwest Oklahoma. The survival of the Cumberland darter; thus vegetation. Only three disjunct species is most often found in small these threats are high in magnitude. populations are known: One in the Clear spring fed streams with sand substrate Federal and state water quality laws Creek system in Winston County, one in and aquatic vegetation. It appears stable have reduced water quality threats to spring-fed tributaries of Turkey Creek in at most sites where spring flows persist. some degree, and non-point pollution Jefferson County; and one population in It has declined in areas where spring threats and modification of reach Little Cove Creek (Cove Springs) in flows have decreased or been geomorphology and hydrology are Etowah County. The Jefferson County eliminated. We estimate that currently cumulative and gradual. Therefore, population (Turkey Creek), which is there are approximately 145 occurrences these factors are nonimminent. located in a large metropolitan area, is of the Arkansas darter distributed across Consequently, we have assigned the threatened by urbanization and the five States; it was found at 29 of 67 Cumberland darter a listing priority of 5, commercialization of its habitat. sites sampled in 2005–2006. Major reflecting a threat magnitude and Siltation from bridge, road, and sewer threats to the species include stream immediacy of high and nonimminent, line construction has been recently dewatering resulting from groundwater respectively. documented within the Turkey Creek pumping in the western portion of the Pearl darter (Percina aurora)—The watershed by academic researchers and species’ range, and development following summary is based on Service biologists. pressures in portions of its eastern information from our files. No new The major threat to the Winston range. Spills and runoff from confined information was provided in the County population of rush darters is animal feeding operations also petition we received on May 11, 2004. erosion of Mill Creek, Doe and Wildcat potentially threaten the species range- Little is known about the specific Branch, and the cumulative increase of wide. We are retaining an LPN of 11 for habitat requirements or natural history sediments caused from gravel roads and the Arkansas darter until we can assess of the Pearl darter. Pearl darters have roadside ditches. Within the past year, more current information. been collected from a variety of river/ biologists have observed increased Cumberland darter (Etheostoma stream attributes, mainly over gravel erosion along roads adjacent to Doe and susanae)—The following summary is bottom substrate. This species is wildcat Branches which resulted in based on information contained in our historically known only from localized increased siltation within those streams. files. No new information was provided sites within the Pascagoula and Pearl Increases in urbanization, road in the petition we received on May 11, River drainages in two states. Currently, maintenance and silviculture practices 2004. Although the Cumberland darter the Pearl darter is considered extirpated contribute to increased sedimentation in was once recorded as abundant, it is from the Pearl River drainage and rare the watershed. The major threat to the now considered to be rare and in the Pascagoula River drainage. Since Cove Springs population is extremely restricted in range known 1983, the range of the Pearl darter has contamination of the water with from only 18 locations in streams in the decreased by 55 percent. chlorine. Efforts are underway to upper Cumberland River system, above Pearl darters are vulnerable to the improve habitat and water quality; Cumberland Falls, in Kentucky and cumulative impacts of a variety of non- however, at this time all populations are Tennessee. The species inhabits shallow point pollution sources, such as being negatively affected by declining water in pools and runs of headwater sedimentation and chemicals, and also water quality. The magnitude of threat streams with stable sand, silt, or sand- to more localized and concentrated is high due to the limited number of covered bedrock substrata. pollution events. The steady yet gradual populations, and the threat is imminent The primary threat to the Cumberland change in river and tributary because water quality is currently darter is the siltation of instream geomorphology and hydrology over time declining for all populations. Thus, we habitats caused by coal mining is believed to have an impact on this assigned an LPN of 2 to this species. activities, silvicultural practices, road species. The magnitude of threat to this Yellowcheek darter (Etheostoma construction, and urban development. species is high due to their limited and moorei)—The following summary is The small size and range of Cumberland disjunct populations and threat due to based on information from our files. No darter populations also make them sedimentation. However, the immediacy new information was provided in the much more susceptible to extirpation of the threat is nonimminent since no petition we received on May 11, 2004. from single catastrophic events (such as known projects are planned that would The yellowcheek darter is endemic to toxic chemical spills) and reduces their have a direct impact on the species, and four headwater tributaries of the Little ability to recover from smaller impacts the decline of water quality is slow and Red River. It is vulnerable to alterations to their habitat or populations. All gradual. In addition, efforts are in physical habitat characteristics such surviving populations of the underway to improve habitat by as the impoundment of Greers Ferry Cumberland darter are restricted to reducing these threats and to increase Reservoir, channel maintenance in the short stream reaches, with the majority and augment the numbers of Pearl Archey Fork, increased sedimentation believed to be restricted to less than one darters by husbandry. Therefore, we from eroding stream banks and poor mile of stream. These occurrences are assign this species an LPN of 5. riparian management, and illegal gravel

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69067

mining. Factors affecting the remaining Threats to the chucky madtom subsequent visits to the cave have failed populations include loss of suitable include both extrinsic and intrinsic to document a single live grotto sculpin. breeding habitat, habitat and water factors. Extrinsic factors include Thus, the species appears to have quality degradation, population potential degradation of water quality suffered a 20 percent decrease in the isolation, and severe population and breeding and sheltering habitat due number of populations from the single declines exacerbated by stochastic primarily to agricultural land use event. Predatory fish such as common drought conditions. A 2004–2005 practices and secondarily to urban and carp, fat-head minnow, yellow bullhead, threats assessment by Service personnel rural development in the watersheds of green sunfish, bluegill, and channel documented occurrences of the Little Chucky and Dunn creeks. The catfish occur in all of the caves aforementioned activities and found 52 Service believes that intrinsic factors occupied by grotto sculpin. These sites on the Middle Fork, 28 sites on the including the potential demographic potential predators may escape surface South Fork, eight sites on Archey Fork, effects of inbreeding, limited species farm ponds that unexpectedly drain and one site in the Turkey/Beech/Devils distribution, presumed low number of through sinkholes into the underground Fork system that are potential individuals, and presumed low cave systems and enter grotto sculpin contributors to the decline of the fecundity and short life span habitat. No regulatory mechanisms are species. Since the threats assessment characteristic of closely related madtom in place that would provide protection was completed, natural gas exploration species pose imminent threats to the to the grotto sculpin. Current threats to and development in the Fayetteville chucky madtom in its only known the habitat of the grotto sculpin may Shale formation in north central extant and historic locations. Therefore, exacerbate potential problems Arkansas has also become a primary we assigned the chucky madtom an LPN associated with its low population threat in all watersheds and is not of 2. numbers and increase the likelihood of addressed by the conservation Grotto sculpin (Cottus sp., sp. nov.)— extinction. Due to the high magnitude of agreements in place or by any regulatory The following summary is based on ongoing, and thus imminent, threats we mechanism. The Middle Fork was listed information from our files. No new assigned this species an LPN of 2. as an impaired waterbody by the information was provided in the Sharpnose shiner (Notropis Arkansas Department of Environmental petition we received on May 11, 2004. oxyrhynchus)—The following summary Quality in 2004 due to excessive The Grotto sculpin, a small fish, is is based on information from our files. bacteria and low dissolved oxygen. restricted to two karst areas (limestone No new information was provided in Recent studies have documented regions characterized by sink holes, the petition we received on May 11, significant declines in the numbers abrupt ridges, caves, and underground 2004. The sharpnose shiner is a small, (60,000 in 1981; 10,300 in 2000) of this streams), the Central Perryville Karst slender minnow, endemic to the Brazos fish in the remaining populations and and Mystery-Rimstone Karst in Perry River Basin in Texas. Historically, the further range restriction within the County, southeast Missouri. Grotto sharpnose shiner existed throughout the tributaries (130.4 to 65.0 stream km). As sculpins have been documented in only Brazos River and several of its major a result, yellowcheek darter numbers 5 caves. The current overall range of the tributaries within the watershed. It has had declined over a 20 year period by grotto sculpin has been estimated to also been found in the Wichita River 83 percent in both the Middle Fork and encompass approximately 260 square (within the Red River Basin) where it South Fork, and 60 percent in the kilometers (100 square miles). may have once naturally occurred but Archey Fork during a 2000 status The small population size and has since been extirpated. Current survey. No yellowcheek darters have endemism of the grotto sculpin make it information indicates that the been found in the Turkey Fork between vulnerable to extinction due to genetic population within the Upper Brazos 1999 and 2005; the species has drift, inbreeding depression, and River drainage (upstream of Possum apparently been extirpated in that reach. random or chance changes to the Kingdom Reservoir) is apparently stable, Due to imminent threats of a high environment. The species’ karst habitat while the population within the Middle magnitude that are not currently is located down-gradient of the city of and Lower Brazos River Basins may targeted by conservation actions, we Perryville, Missouri, which poses a only exist in remnant populations in assigned this species an LPN of 2. potential threat if contaminants from areas of suitable habitat, which may no Chucky madtom (Noturus this urban area enter cave streams longer be viable, representing a crypticus)—The following summary is occupied by grotto sculpins. Various reduction of approximately 68 percent based on information from our files. No agricultural chemicals, such as of its historical range. new information was provided in the ammonia, nitrite/nitrate, chloride, and The most significant threat to the petition we received on May 11, 2004. potassium have been detected at levels existence of the sharpnose shiner is Chucky madtom is a rare catfish known high enough to be detrimental to aquatic potential reservoir development within from only 15 specimens collected from life within the Perryville Karst area. its current range. Additional threats two Tennessee streams. A lone More than half of the sinkholes in Perry include irrigation and water diversion, individual was collected in 1940 from County contain anthropogenic refuse, sedimentation, desalination, industrial Dunn Creek (a Little Pigeon River ranging from household cleansers and and municipal discharges, agricultural tributary) in Sevier County and 14 sewage to used pesticide and herbicide activities, in-stream sand and gravel specimens have been encountered since containers. As a result, potential water mining, and the spread of invasive 1991 in Little Chucky Creek (a contamination from various sources of saltcedar. The current limited Nolichucky River tributary) in Greene point and non-point pollution poses a distribution of the sharpnose shiner County. Only 3 specimens have been significant threat to the grotto sculpin. within the Upper Brazos River Basin encountered since 1994 from two riffle Of the 5 cave systems documented to makes it vulnerable to catastrophic areas in a short reach of Little Chucky have grotto sculpins, populations in one events such as the introduction of Creek. All Little Chucky Creek cave system were likely eliminated, competitive species or prolonged specimens have been collected from presumably as the result of point-source drought. State law does not provide stream runs with slow to moderate pollution. When the cave was searched protection for the sharpnose shiner. The current over pea gravel, cobble, or slab- in the spring of 2000, a mass mortality magnitude of threat is considered high rock substrates. of grotto sculpin was noted, and since the major threat of reservoir

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69068 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

development within the species current miles in the Kinlichee drainage of Clams range may render its remaining habitat Arizona. However, the number of Texas hornshell (Popenaias popei)— unsuitable. The immediacy of threat is occupied miles in Arizona is unknown The following summary is based on non-imminent because major reservoir and the genetic composition of these information from our files. No new projects are not likely to occur in the fish is still under investigation. Zuni information was provided in the near future and there is potential for bluehead sucker range reduction and petition we received on May 11, 2004. implementing other water supply fragmentation is caused by The Texas hornshell is a freshwater options that could preclude reservoir discontinuous surface water flow, mussel found in the Black River of New development. For these reasons, we separation of inhabited reaches by Mexico and one confirmed locality in assign an LPN of 5 to this species. reservoirs, and habitat degradation from the mainstem Rio Grande of Texas and Smalleye shiner (Notropis buccula)— fine sediment deposition. The principal Mexico. The primary threats are habitat The following summary is based on uses of surface and ground water within alterations such as stream bank information from our files. No new the Zuni River watershed are human channelization, impoundments, and information was provided in the consumption, livestock, and irrigation. petition we received on May 11, 2004. diversions for agriculture and flood Diverting water for agricultural use is control; contamination of water by the The smalleye shiner is a small, pallid the primary purpose of at least five minnow endemic to the Brazos River oil and gas industry; alterations in the impoundments, and several other natural riverine hydrology; and Basin in Texas. The population of reservoirs act as flood-control smalleye shiners within the Upper increased sedimentation from prolonged structures. Degradation of the upper overgrazing and loss of native Brazos River drainage (upstream of watershed has led to increased Possum Kingdom Reservoir) is vegetation. Riverine habitats in both the sedimentation, and many of the Black River and the Rio Grande are apparently stable. However, the shiner reservoirs are now only shallow, has not been collected since 1976 under constant threats from these eutrophic (low oxygen) ponds or adverse changes. The magnitude of downstream from the reservoir, and may wetlands with little or no storage be extirpated from this area, threats is high because of the existence capacity. The impoundments have also of only one confirmed location in New representing a reduction of changed the downstream channel approximately 54 percent of its Mexico and Texas each, which makes morphology and substrate composition this species highly vulnerable to historical range. of streams. Another major impact to The most significant threat to the extinction. The threats are imminent populations of Zuni bluehead sucker because past alterations to riverine existence of the smalleye shiner is was the application of fish toxicants potential reservoir development within habitats have resulted in the much through at least two dozen treatments in reduced distribution of this species and its current range. Additional threats the Nutria and Pescado rivers between include irrigation and water diversion, demands for water from the Rio Grande 1960 and 1975. Large numbers of Zuni sedimentation, desalination, industrial continue to increase and make bluehead suckers were killed during and municipal discharges, agricultural additional habitat degradation likely. these treatments. activities, in-stream sand and gravel Thus, we maintain the LPN of 2 for this mining, and the spread of invasive For several years, the New Mexico species. saltcedar. The current limited Department of Game and Fish has been Fluted kidneyshell (Ptychobranchus distribution of the smalleye shiner the lead agency to develop a subtentum)—See above in ‘‘Summary of within the Upper Brazos River Basin conservation plan for Zuni bluehead Listing Priority Changes in Candidates.’’ makes it vulnerable to catastrophic sucker. A study funded through section The above summary is based on events such as the introduction of 6 of the Act was initiated in 2000 and information from our files. No new competitive species or prolonged has continued annually. The grant information was provided in the drought. State law does not provide included funding for development and petition we received on May 11, 2004. protection for the smalleye shiner. The implementation of a Zuni Bluehead Neosho mucket (Lampsilis magnitude of threat is considered high Sucker Conservation Plan and the rafinesqueana)—The following since the major threat of reservoir acquisition of additional information on summary is based on information from development within the current range of distribution, life history, and species our files. No new information was the species may render its remaining associations. The Zuni Bluehead Sucker provided in the petition we received on habitat unsuitable. The immediacy of Recovery Plan was approved by the May 11, 2004. The Neosho mucket is a threat is considered non-imminent New Mexico State Game Commission freshwater mussel native to Arkansas, because major reservoir projects are not during a State Game Commission Kansas, Missouri, and Oklahoma. The likely to occur in the near future and meeting on December 15, 2004. The species has been extirpated from there is potential for implementing Recovery Plan recommends approximately 62 percent (835 river other water supply options that could preservation and enhancement of extant miles) of its range, most of which has preclude reservoir development. For populations and restoration of historical occurred in Kansas and Oklahoma. The these reasons, we assign an LPN of 5 to Zuni bluehead sucker populations. The Neosho mucket survives in four river this species. recovery actions prescribed by the State drainages; however, only two of these, Zuni bluehead sucker (Catostomus Recovery Plan that we believe will the Spring and Illinois Rivers, currently discobolus yarrowi)—The following reduce and remove threats to this support relatively large populations. summary is based on information subspecies will require further Significant portions of the historic contained in our files. No new discussions and authorizations before range have been inundated by the information was provided in the they can be implemented. Because of construction of at least 11 dams. petition we received on May 11, 2004. the ongoing threats of high magnitude, Channel instability downstream of these The range of the Zuni bluehead sucker including loss of habitat (historical and dams has further reduced suitable has been reduced by over 90 percent. current from beaver activity), habitat and mussel distribution. Range The Zuni bluehead sucker currently degradation of remaining habitat, restriction and population declines have occupies 9 river miles in 3 areas of New drought, and fire, we maintain the occurred due to habitat degradation Mexico, and potentially occurs in 27 current LPN of 3 for this subspecies. attributed to impoundments, mining,

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69069

sedimentation, and agricultural free-flowing rivers to survive and Altamaha River and the lower portions pollutants. Rapid development and successfully recruit new individuals of its three major tributaries, the urbanization in the Illinois River into its populations. Habitat destruction Ohoopee, Ocmulgee, and Oconee watershed will likely continue to and alteration (e.g., impoundments, Rivers. The Altamaha spinymussel is increase sedimentation and sedimentation, and pollutants) are the associated with stable, coarse to fine eutrophication to this river but chief factors contributing to its decline. sandy sediments of sandbars and populations are currently stable in this This species has been extirpated from sloughs and appears to be restricted to river. The remaining extant populations numerous regional streams and is no swiftly flowing water. As the name are vulnerable to random catastrophic longer found in the Commonwealth of implies, the shells of these animals are events (e.g., flood scour, drought, toxic Kentucky. The slabside pearlymussel adorned with one to five prominent spills), land use changes within the was historically known from at least 32 spines that reach lengths from 10 to 25 limited range, and genetic isolation and streams but is currently restricted to no mm (0.39 to 0.98 in). The species the deleterious effects of inbreeding. more than 10 isolated stream segments. appears to be extirpated from the These threats have led to the species Current status information for most of Ohoopee and Oconee Rivers, and its being intrinsically vulnerable to the 10 populations deemed to be extant numbers are greatly reduced in the extirpation. Although State regulations is available from recent periodic Ocmulgee and Altamaha Rivers. limit harvest of this species, there is sampling efforts (sometimes annually) Altamaha spinymussels face severe little protection for habitat. The threats and other field studies. Comprehensive habitat degradation from a number of are high in magnitude as they can surveys have taken place in the Middle sources. Primary among these are negatively affect the species throughout and North Forks Holston River, Paint threats from sedimentation and its range and result in mortality and/or Rock River, and Duck River in the past contaminants within the rivers that the reduced reproductive output. While several years. Based on recent Altamaha spinymussel inhabits. A new some of the threats are ongoing and information, the overall population of threat of deadhead logging has recently thus, imminent, others are the slabside pearlymussel is declining emerged. These threats to the Altamaha nonimminent, but on balance, the rangewide. Of the five streams in which spinymussel are further compounded by threats are nonimminent. Thus, we the species remains in good numbers its limited distribution and the low assigned an LPN of 5 to this species. and is clearly viable (e.g., Clinch, North population size identified in recent Alabama pearlshell (Margaritifera and Middle Forks Holston, Paint Rock, survey efforts. Efforts to identify the marrianae)—The following summary is Duck Rivers), the Middle and upper host fish and expand our understanding based on information from our files. No North Fork Holston Rivers have of the spinymussels life cycle have not new information was provided in the undergone drastic recent declines, while yet produced results. Since the threats petition we received on May 11, 2004. the Clinch population has been in a are ongoing (i.e., imminent) and The Alabama pearlshell (Margaritifera longer-term decline. Most of the severely affect this species throughout marrianae) inhabits shallow riffles and remaining five populations (e.g., Powell its range (i.e., high in magnitude), we pool margins of small creeks and River, Big Moccasin Creek, Hiwassee continue to assign an LPN of 2 to this streams of southwest Alabama. Only River, Elk River, Bear Creek) have species. three populations of Alabama pearlshell doubtful viability and several if not all Snails have been confirmed to survive during of them may be on the verge of the past 15 years. A comprehensive extirpation. Since most of the Ogden mountainsnail (Oreohelix survey is planned by the Alabama populations of slabside pearlymussel peripherica wasatchensis)—The Department of Conservation and Natural are declining and face potential threats following summary is based on Resources in 2007. One of the three from impoundments, sedimentation, information from our files. No new populations has declined significantly small population size, isolation of information was provided in the over the past few years, apparently due populations, gravel mining, municipal petition we received on May 11, 2004. to increased sedimentation at this pollutants, agricultural run-off, nutrient The Ogden mountain snail is known location and possibly other forms of enrichment, and coal processing from a single population near the mouth non-point source (NPS) pollution. The pollution, the threats are high in of Ogden Canyon, Weber County, Utah. other two populations also appear to be magnitude. However, there is no The total occupied habitat is an area declining. The Alabama pearlshell has specific information regarding the approximating 100 meters (328 ft) wide been assigned a listing priority of 2 timing of these threats, so we do not by 1 kilometer (0.5 miles) long. The because the NPS pollution is ongoing, consider them to be imminent. Thus, we restricted range of this snail, the and therefore imminent, and the continue to assign an LPN of 5 to this proximity to an expanding residential vulnerability of small stream habitat to mussel. area, and impacts from relatively heavy continuing NPS pollution, combined Georgia pigtoe (Pleurobema recreational use, makes it vulnerable to with the fewer numbers of live mussels hanleyanum)—We have not updated extirpation from stochastic or human- in the three known populations, means our candidate assessment for this caused events. Threats to the colony that the NPS pollution poses a high- species as we are currently developing have not changed or increased magnitude threat to this species. a proposed listing rule. substantially over the past year. Recent Slabside pearlymussel (Lexingtonia Altamaha spinymussel (Elliptio molecular phylogenic studies are dolabelloides)—The following summary spinosa)—The following summary is expected to clarify the level of is based on information from our files. based on information contained in our uniqueness of this taxon. The ongoing No new information was provided in files. No new information was provided (i.e. imminent) threats are moderately the petition we received on May 11, in the petition we received on May 11, affecting the species. Therefore, we 2004. The slabside pearlymussel is a 2004. The Altamaha spinymussel is a retained an LPN of 9 for this subspecies. freshwater mussel (Unionidae) endemic freshwater mussel endemic to the Fat-whorled (Bonneville) pondsnail to the Cumberland and Tennessee River Altamaha River drainage of southeastern (Stagnicola bonnevillensis)—The systems (Cumberlandian Region) in Georgia. The historical range of the following summary is based on Alabama, Kentucky, Tennessee, and Altamaha spinymussel was restricted to information contained in our files. No Virginia. It requires shoal habitats in the Coastal Plain portion of the new information was provided in the

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69070 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

petition we received on May 11, 2004. the hurricanes. This loss of habitat to ongoing aquifer withdrawals, making The fat-whorled pondsnail, also known storms is greatly exacerbated by the threat to spring flow imminent. as the Bonneville pondsnail, occupies expanding agriculture. Agricultural Thus, we maintain the LPN of 2 for both four spring pools north of the Great Salt plots on Tutuila have spread from low species. Lake in Box Elder County, Utah. While elevation up to middle and some high Fragile tree snail (Samoana fragilis)— the number of individuals is unknown, elevations, greatly reducing the forest The following summary is based on the total known occupied habitat is less area and thus reducing the resilience of information contained in our files. No than one hectare. Previous and ongoing native forests and its populations of new information was provided in the threats include chemical contamination native snails. These reductions also petition we received on May 11, 2004. of the groundwater. Significant actions increase the likelihood that future A tree-dwelling species, the fragile tree are underway to remediate this threat, storms will lead to the extinction of snail is a member of the Partulidae including implementation of a populations or species that rely on the family of snails and is endemic to the Corrective Action Plan to characterize remaining canopy forest. In an effort to islands of Guam and Rota (Mariana and remediate groundwater eradicate the giant African snail Islands). Requiring cool and shaded contamination, implementation of a site (Achatina fulica), the alien rosy native forest habitat, the species is now management plan, and development of carnivore snail (Euglandia rosea) was known from 4 populations on Guam and a groundwater model and risk introduced in 1980. The rosy carnivore a single population on Rota. This assessment. These efforts have not been snail has spread throughout the main species is currently threatened by underway for a sufficient period to island of Tutuila. Numerous studies habitat loss and modification and by reduce the threat from contamination. show that the rosy carnivore snail feeds predation from nonnative predatory While contamination continues to on endemic island snails including the snails and flatworms. Large numbers of occur, and therefore, the threat is sisi, and is a major agent in their deer (Cervus marianuns) (Guam and imminent, the levels of contamination declines and extirpations. At present, Rota), pigs (Sus scrofra) (Guam), water are such that it affects the species over the major threat to long-term survival of buffalo (Bubalus bubalis) (Guam), and a longer timeframe, so the threat is the native snail fauna in American cattle (Bos taurus) (Rota), directly alter moderate in magnitude. Therefore, we Samoa is predation by nonnative the understory plant community and retained an LPN of 8 for this species. predatory snails. These threats are overall forest microclimate making it Interrupted rocksnail (Leptoxis ongoing and are therefore imminent. unsuitable for snails. Predation by the foremani (= downei)—We have not Since the threats occur throughout the alien rosy carnivore snail (Euglandina updated our candidate assessment as we entire range of the species and have a rosea) and the Manokwar flatworm are currently developing a proposed significant effect on the survival of the (Platydemus manokwari) is a serious listing rule for this species. snails, they are of a high magnitude. threat to the survival of the fragile tree Sisi snail (Ostodes strigatus)—The Therefore we assigned this species an snail. Field observations have following summary is based on LPN of 2. established that the rosy carnivore snail information contained in our files. No and the Manokwar flatworm will readily new information was provided in the Diamond Y Spring snail feed on native Pacific island tree snails, petition we received on May 11, 2004. (Pseudotryonia adamantina) and including the Partulidae, such as those The sisi snail is a ground-dwelling Gonzales springsnail (Tryonia of the Mariana Islands. The rosy species in the Potaridae family and is circumstriata)—The following summary carnivore snail has caused the endemic to American Samoa. The is based on information from our files. extirpation of many populations and species is now known from a single No new information was provided in species of native snails throughout the population on the island of Tutuila, the petition we received on May 11, Pacific islands. Because all of the threats American Samoa. 2004. Diamond Y Spring snail and occur rangewide and have a significant This species is currently threatened Gonzales springsnail are small aquatic effect on the survival of this snail by habitat loss and modification and by snails endemic to Diamond Y Spring in species, they are high in magnitude. The predation from nonnative predatory Pecos County, Texas. The spring and its threats are also ongoing and thus, are snails. The decline of the sisi in outflow channel are owned and imminent. Therefore, we assigned this American Samoa has resulted, in part, managed by The Nature Conservancy. species an LPN of 2. from loss of habitat to forestry and These snails are primarily threatened Guam tree snail (Partula radiolata)— agriculture and loss of forest structure to with habitat loss due to springflow The following summary is based on hurricanes and alien weeds that declines from drought and from information contained in our files. No establish after these storms. All live sisi pumping of groundwater. Additional new information was provided in the snails have been found in the leaf litter threats include water contamination petition we received on May 11, 2004. beneath remaining intact forest canopy. from accidental releases of petroleum A tree-dwelling species, the Guam tree No snails were found in areas bordering products, as their habitat is in an active snail is a member of the Partulidae agricultural plots or in forest areas that oil and gas field. Also, a nonnative family of snails and is endemic to the were severely damaged by three aquatic snail (Melanoides sp.) was island of Guam. Requiring cool and hurricanes (1987, 1990, and 1991). recently introduced into the native shaded native forest habitat, the species Under natural historic conditions, loss snails’ habitat and may compete with is now known from 22 populations on of forest canopy to storms did not pose endemic snails for space and resources. Guam. a great threat to the long term survival The magnitude of threats is high This species is primarily threatened of these snails; enough intact forest with because limited distribution of these by predation from nonnative predatory healthy populations of snails would narrow endemics makes any impact snails and flatworms. In addition, the support dispersal back into newly from increasing threats (e.g., loss of species is also threatened by habitat loss regrown canopy forest. However, the springflow, contaminants, and and degradation. Predation by the alien presence of alien weeds such as mile-a- nonnative species) likely to result in the rosy carnivore snail (Euglandina rosea) minute vine (Mikania micrantha) may extinction of the species. These species and the alien Manokwar flatworm reduce the likelihood that native forest occur in one location in an arid region (Platydemus manokwari) is a serious will re-establish in areas damaged by currently plagued by drought and threat to the survival of the Guam tree

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69071

snail. Field observations have quantity and quality of forested habitat vegetation required by P. semicarinata. established that the rosy carnivore snail for the humped tree snail. Currently, Although the snails are in an area to be will readily feed on native Pacific island populations of feral ungulates are found fenced, until the fence is completed and tree snails, including the Partulidae, on the islands of Guam (deer, pigs, and the ungulates have been removed, the such as those of the Mariana Islands. water buffalo), Rota (deer and cattle), habitat will continue to be degraded. The rosy carnivore snail has caused the Aguiguan (goats), Saipan (deer, pigs, The small number of individuals and extirpation of many populations and and cattle), Alamagan (goats, pigs, and the small number of populations make species of native snails throughout the cattle), and Pagan (cattle, goats, and this species very susceptible to the Pacific islands. The Manokwar flatworm pigs). Goats were eradicated from negative effects of stochastic events has also contributed to the decline of Sarigan in 1998 and the humped tree such as hurricanes and storms. There is native tree snails, in part due to its snail has increased in abundance on a population in captivity that is ability to ascend into trees and bushes that island, likely in response to the protected from the effects of unexpected that support native snails. Areas with removal of all the goats. However, the droughts, though the effects of severe populations of the flatworm usually lack population of humped tree snails on storms may still affect this population as partulid tree snails or have declining Anatahan is likely extirpated due to the evidenced by the loss of snails when a numbers of snails. On Guam, open massive volcanic explosions of the severe flood interrupted the power agricultural fields and other areas prone island beginning in 2003 and still supply to the Hawaii Endangered Snail to erosion were seeded with continuing, and the resulting loss of up Captive Propagation Lab and tangantangan (Leucaena leucocephala) to 95 percent of the vegetation on the temperatures increased within the by the U.S. Military. Tangantangan island. Predation by the alien rosy environmental chambers containing the grows as a single species stand with no carnivore snail (Euglandina rosea) and snails. In addition, these snails are substantial understory. The the alien Manokwar flatworm likely subjected to the same concerns of microclimatic condition is dry with (Platydemus manokwari) is a serious reproductive vigor and loss of genetic little accumulation of leaf litter humus threat to the survival of the humped tree variability. The magnitude of threats is and is particularly unsuitable as Guam snail. Field observations have high because they cause significant tree snail habitat. In addition, native established that the rosy carnivore snail population declines to P. semicarinata forest cannot reestablish and grow will readily feed on native Pacific island rangewide. The threats are also ongoing where this alien weed has become tree snails, including the Partulidae, and thus are imminent. Therefore, we established. Because all of the threats such as those of the Mariana Islands. assigned this species an LPN of 2. occur rangewide and have a significant The rosy carnivore snail has caused the Lanai tree snail (Partulina effect on the survival of this snail extirpation of many populations and variabilis)—The following summary is species, they are high in magnitude. The species of native snails throughout the based on information contained in our threats are also ongoing and thus are Pacific islands. The Manokwar flatworm files. No new information was provided imminent. Therefore, we assigned this has also contributed to the decline of in the petition we received on May 11, species an LPN of 2. native tree snails, in part due to its Humped tree snail (Partula gibba)— 2004. A tree-dwelling species, P. ability to ascend into trees and bushes variabilis is a member of the The following summary is based on that support native snails. Areas with information contained in our files. No Achatinellidae family of snails. populations of the flatworm usually lack Endemic to the island of Lanai, the new information was provided in the partulid tree snails or have declining petition we received on May 11, 2004. species is currently known from 12 numbers of snails. The magnitude of A tree-dwelling species, the humped populations totaling 90 individuals. threats is high because they cause tree snail is a member of the Partulidae This species is highly threatened significant population declines to the family of snails, and was originally throughout its limited range by habitat humped tree snail rangewide. These known from the island of Guam and the loss and modification and by predation threats are ongoing and thus are Commonwealth of the Northern Mariana from rats. The threat from this predator imminent. Therefore, we assigned this Islands (islands of Rota, Aguiguan, is expected to continue or increase species an LPN of 2. Tinian, Saipan, Anatahan, Sarigan, unless the rats are actively controlled or Alamagan, and Pagan). Most recent Lanai tree snail (Partulina eradicated. Habitat loss also continues surveys revealed a total of 14 semicarinata)—The following summary as nonnative ungulates trample and populations on the islands of Guam, is based on information contained in browse native vegetation required by P. Rota, Aguiguan, Sarigan, Saipan, our files. No new information was variabilis. Although the snails are in an Alamagan, and Pagan. Although still the provided in the petition we received on area to be fenced, until the fence is most widely distributed tree snail May 11, 2004. A tree-dwelling species, constructed and the ungulates have endemic in the Mariana Islands, P. semicarinata is a member of the been removed, the habitat will continue remaining population sizes are often Achatinellidae family of snails. to be degraded. The small number of small. Endemic to the island of Lanai, the individuals and the small number of This species is currently threatened species is currently known from 3 populations make this species very by habitat loss and modification and by populations totaling 29 individuals. susceptible to the negative effects of predation from nonnative predatory This species is highly threatened stochastic events such as hurricanes and snails and flat worms. Throughout the throughout its limited range by habitat storms. There is a population in Mariana Islands, feral ungulates (pigs loss and modification and by predation captivity that is protected from the (Sus scrofa), Philippine deer (Cervus from rats. No efforts are being effects of unexpected droughts, though mariannus), cattle (Bos taurus), water undertaken to remove rats in areas the effects of severe storms may still buffalo (Bubalus bubalis), and goats where P. semicarinata occur. The threat affect this population as evidenced by (Capra hircus)) have caused severe from this predator is expected to the loss of snails when a severe flood damage to native forest vegetation by continue or increase unless the rats are interrupted the power supply to the browsing directly on plants, causing actively controlled or eradicated. University and temperatures increased erosion, and retarding forest growth and Habitat loss also continues as nonnative within the environmental chambers regeneration. This in turn reduces the ungulates trample and browse native containing the snails. In addition, these

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69072 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

snails are likely subjected to the same mortality or significant population as evidenced by the drastic decline in concerns of reproductive vigor and loss declines to Langford’s tree snail spring flow at Phantom Lake Spring that of genetic variability as the wild rangewide. These threats are also is happening now and may extirpate population. The magnitude of threats is ongoing and thus are imminent. these populations in the near future. high because they result in direct Therefore, we assigned this species an Declining spring flows in San Solomon mortality or significant population LPN of 2. Spring are also becoming evident and declines to P. variabilis rangewide. The Newcomb’s tree snail (Newcombia will affect that spring site as well within threats are ongoing and thus are cumingi)—The following summary is the foreseeable future. Thus, we imminent. Therefore, we assigned this based on information contained in our maintain the LPN of 2 for both species. species an LPN of 2. files. No new information was provided Tutuila tree snail (Eua zebrina)—The Langford’s tree snail (Partula in the petition we received on May 11, following summary is based on langfordi)—The following summary is 2004. The species is endemic to the information contained in our files. No based on information contained in our island of Maui, where it is currently new information was provided in the files. No new information was provided known from a single remaining petition we received on May 11, 2004. in the petition we received on May 11, population. The greatest threats to A tree-dwelling species, the Tutuila tree 2004. A tree-dwelling species, Newcomb’s tree snail are the loss of the snail is a member of the Partulidae Langford’s tree snail is a member of the only known remaining population due family of snails and is endemic to Partulidae family of snails and is known to predation from rats and the rosy American Samoa. The species is known carnivore snail (Euglandina rosea). from 32 populations on the islands of from one population on the island of There are no efforts in place to reduce Tutuila, Nuusetoga, and Ofu. Aguiguan. This species is currently the threat from the rosy carnivore snail This species is currently threatened threatened by habitat loss and although discussions are underway with by habitat loss and modification and by modification and by predation from the private landowner to construct a rat predation from nonnative predatory nonnative predatory snails. In the proof fence in the area occupied by this snails and rats. All live Tutuila tree 1930s, the island of Aguiguan was snail. Our attempts to raise this species snails were found on understory mostly cleared of native forest to in a captive propagation facility have vegetation beneath remaining intact support sugar cane and pineapple been unsuccessful. The magnitude of forest canopy. No snails were found in production. The abandoned fields and threats is high because they occur areas bordering agricultural plots or in airstrip are now overgrown with alien within the last known population of the forest areas that were severely damaged weeds. The remaining native forest species and result in direct mortality or by three hurricanes (1987, 1990, and understory has greatly suffered from significant population declines. These 1991). Under natural historical large and uncontrolled populations of threats are also ongoing and thus are conditions, loss of forest canopy to alien goats and the invasion of weeds. imminent. Therefore, we assigned this storms did not pose a great threat to the Goats (Capra hircus) have caused severe species an LPN of 2. long-term survival of these snails; damage to native forest vegetation by Phantom Cave snail (Cochliopa enough intact forest with healthy browsing directly on plants, causing texana) and Phantom springsnail populations of snails would support erosion, and retarding forest growth and (Tryonia cheatumi)—The following dispersal back into newly regrown regeneration. This in turn reduces the summary is based on information from canopy forest. However, the presence of quantity and quality of forested habitat our files. No new information was alien weeds such as mile-a-minute vine for Langford’s tree snail. Predation by provided in the petition we received on (Mikania micrantha) may reduce the the alien rosy carnivore snail May 11, 2004. Phantom Cave snail and likelihood that native forest will re- (Euglandina rosea) is also a serious Phantom springsnail are small aquatic establish in areas damaged by the threat to the survival of Langford’s tree snails that occur in three spring hurricanes. This loss of habitat to storms snail. Field observations have outflows in the Toyah Basin in Reeves is greatly exacerbated by an expanding established that the rosy carnivore snail and Jeff Davis counties, Texas. The agricultural footprint. Agricultural plots will readily feed on native Pacific island primary threat to both species is the loss on Tutuila have spread from low tree snails, including the Partulidae of surface flows due to declining elevation up to middle and some high such as those of the Mariana Islands. groundwater levels from drought and elevations, greatly reducing the forest The rosy carnivore snail has caused the pumping for agricultural production. area and thus reducing the resilience of extirpation of many populations and Although much of the land immediately native forests and its populations of species of native snails throughout the surrounding their habitat is owned and native snails. In an effort to eradicate Pacific islands. Predation on native managed by The Nature Conservancy, the giant African snail (Achatina fulica), partulid tree snails by the terrestrial Bureau of Reclamation, and Texas Parks the rosy carnivore snail (Euglandina Manokwar flatworm (Platydemus and Wildlife Department, the water rosea) was introduced in 1980 and has manokwari) is also a threat to the long- needed to maintain their habitat has spread throughout the main island of term survival of these snails. The declined due to a reduction in spring Tutuila. Numerous studies show that Manokwar flatworm has contributed to flows, possibly as a result of private the rosy carnivore snail feeds on the decline of native tree snails, due to groundwater pumping in areas beyond endemic island snails, including the its ability to ascend into trees and that controlled by these landowners. As Tutuila snail, and is a major agent in bushes that support native snails. Areas an example, Phantom Lake Spring, one their declines and extirpations. Rats with populations of the flatworm of the sites of occurrence, has already (Rattus spp) have also been shown to usually lack partulid tree snails or have ceased flowing and aquatic habitat is devastate snail populations and rat- declining numbers of snails. All of the supported only by a pumping system. chewed snail shells have been found at threats are occurring rangewide and no The magnitude of the threats is high sites where the Tutuila snail occurs. At efforts to control or eradicate the because spring flow loss would result in present, the major threat to the long- nonnative predatory snail species or to complete habitat destruction and term survival of the native snail fauna reduce habitat loss are being permanent elimination of all in American Samoa is predation by undertaken. The magnitude of threats is populations of the species. The nonnative predatory snails and rats. The high because they result in direct immediacy of the threats is imminent, magnitude of threats is high because

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69073

they result in direct mortality or 2 m (6.7 ft) wide. Pyrgulopsis notidicola unpredictable, mean annual significant population declines to the occurs only in shallow, flowing water temperature in New Mexico has Tutuila tree snail rangewide. The threats on gravel substrate. The species does increased by 0.6 degrees per decade are also ongoing and thus are imminent. not occur in deep water (i.e. since 1970. Higher temperatures lead to Therefore, we assigned this species an impoundments) where water velocity is higher evaporation rates which may LPN of 2. low, gravel substrate is absent, and reduce the amount of runoff and Chupadera springsnail (Pyrgulopsis sediment levels are high. The present or groundwater recharge. Increased chupaderae)—The following summary threatened destruction, modification, or temperatures may also increase the is based on information contained in curtailment of its habitat or range by extent of area influenced by drought and our files and the petition we received on recreational bathers in the thermal fire. Large fires have occurred in the November 20, 1985. See also our 12- waters is the greatest threat to the Gila National Forest and subsequent month petition finding published on species. The small size of their habitat floods and ash flows have severely October 4, 1988 (53 FR 38969). This and their limited range makes them affected aquatic life in streams. If the aquatic species is endemic to Willow highly susceptible to any factors that drought continues or worsens, the Spring on the Willow Spring Ranch negatively affect their habitat. A imminence of threats from decreased (formerly Cienega Ranch) at the south Recreational Management Plan was discharge or fire will increase. Based on end of the Chupadera Mountains in established in 2004 and several actions these nonimminent threats that are Socorro County, New Mexico. The have been implemented, but no currently of a low magnitude, we retain Chupadera springsnail has been monitoring has taken place to evaluate an LPN of 11 for this species. documented from two springs that flow the effectiveness of these actions on Gonzales springsnail (Tryonia through gravels containing sand, mud, removing the threats to the species. circumstriata)—See paragraph above and hydrophytic plants. Regional and Based on imminent threats of high under Diamond Y Spring snail local groundwater depletion, springrun magnitude, we assigned an LPN of 2 for (Pseudotryonia adamantina). dewatering, and riparian habitat this species. Huachuca springsnail (Pyrgulopsis degradation from livestock grazing thompsoni)—See above in ‘‘Summary of Gila springsnail (Pyrgulopsis gilae)— represent the principal threats. The Listing Priority Changes in Candidates.’’ The following summary is based on survival and recovery of the Chupadera The above is based on information from information contained in our files and springsnail is contingent upon our files. No new information was the petition we received on November protection of the riparian corridor provided in the petition we received on immediately adjacent to Willow Spring 20, 1985. Also see our 12-month May 11, 2004. and the availability of perennial, petition finding published on October 4, New Mexico springsnail (Pyrgulopsis oxygenated flowing water within the 1988 (53 FR 38969). The Gila thermalis)—The following summary is species’ thermal range. Due to several springsnail is an aquatic species known based on information contained in our factors, including the extremely from 13 populations in New Mexico. files and the petition received on localized distribution of the snail, its The long-term persistence of the Gila November 20, 1985. Also see our 12- occurrence only on private property, the springsnail is contingent upon month petition finding published on lack of regulatory protection of its protection of the riparian corridor October 4, 1988 (53 FR 38969). The New habitat, and the inability of land immediately adjacent to springhead and Mexico springsnail is an aquatic species managers to participate in its springrun habitats. Sites on both private known from only two separate management, the threats can cause and Federal lands are subject to levels populations associated with a series of significant population declines of the of recreational use and livestock grazing spring-brook systems along the Gila Chupadera springsnail. Therefore, the that negatively affect this species, thus River in the Gila National Forest in magnitude of the threats to this species placing the long-term survival of the Grant County, New Mexico. The long- is high. There is an imminent threat to Gila springsnail at risk. Natural events term persistence of the New Mexico this species because the threats are such as drought, forest fire, springsnail is contingent upon ongoing (e.g., grazing of cattle, water sedimentation, and flooding; wetland protection of the riparian corridor withdrawal, and fire). Due to the habitat degradation by recreational immediately adjacent to springhead and continuing high magnitude and bathing in thermal springs; and poor springrun habitats. Although the New imminence of threats to this species, we watershed management practices Mexico springsnail populations may be retain an LPN of 2 for this species. represent the primary threats to the Gila stable, the sites inhabited by the species Elongate mud meadows springsnail springsnail. Fire suppression activities are subject to levels of recreational use (Pyrgulopsis notidicola)—The following and fire retardant chemicals have and livestock grazing that can negatively summary is based on information potentially deleterious effects on this affect this species. Moderate use by contained in our files. No new species. Because several of the springs recreationalists and livestock is ongoing. information was provided in the occur on U.S. Forest Service land, If these uses remain at the current or petition received on May 11, 2004. management options for the protection lower levels, they will not pose an Pyrgulopsis notidicola is endemic to of the snail should be possible. imminent threat to the species. Of Soldier Meadow, which is located at the However, randomly occurring events, greater concern is drought, which could northern extreme of the western arm of especially fire and drought, could have affect spring discharge and increases the the Black Rock Desert in the transition a major impact on the species. Moderate potential for fire. Although the effect zone between the Basin and Range use by recreationalists and livestock is global climate change may have on Physiographic Province and the ongoing. If these uses remain at current streams and forests of the Southwest is Columbia Plateau Province, Humboldt or lower levels, they will not pose an unpredictable, mean annual County, Nevada. The type locality, and imminent threat to the species. Of temperature in New Mexico has the only known location of the species, greater concern is drought, which could increased by 0.6 degrees per decade occurs in a stretch of thermal [between affect spring discharge and increases the since 1970. Higher temperatures lead to 45° Celsius (C) (113° Fahrenheit (F)) and potential for fire. Although the effect higher evaporation rates which may 32° C (90° F)] aquatic habitat that is global climate change may have on reduce the amount of runoff and approximately 300 m (984 ft) long and streams and forests of the Southwest is groundwater recharge. Increased

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69074 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

temperatures may also increase the island of Hawaii. This species only This species is currently threatened by extent of area influenced by drought and occurs on the summit of Mauna Kea and alien predation and parasitism. The fire. Large fires have occurred in the feeds upon other insect species which Mariana wandering butterfly is likely Gila National Forest and subsequent are blown to the summit of this large predated on by alien ants and floods and ash flows have severely volcano. The wekiu bug is primarily parasitized by native and nonnative affected aquatic life in streams. If the threatened by the loss of its habitat from parasitoids. Because the threat of drought continues or worsens, the astronomy development. In 2004 and parasitism and predation by nonnative imminence of threats from decreased early 2005, surveys were conducted that insects occur range-wide and can cause discharge and fire will increase. Based found multiple new locations of the significant population declines to this on these nonimminent threats of a low wekiu bug on the Mauna Kea summit. species, they are high in magnitude. magnitude, we retain an LPN of 11 for Several of these cinder cones within the These threats are imminent because this springsnail. Mauna Kea Science Reserve, as well as they are ongoing. Therefore, we Page springsnail (Pyrgulopsis two other cinder cones located in the assigned an LPN of 2 for this species. morrisoni)—See above in ‘‘Summary of State Ice Age Natural Area Reserve, are Miami blue butterfly (Cyclargus Listing Priority Changes in Candidates.’’ not currently undergoing development thomasi bethunebakeri)—The following The above summary is based on nor is development planned. With the summary is based on information information from our files. No new discovery of these new locations, the contained in our files and in the petition information was provided in the threats, though ongoing, do not occur we received on June 15, 2000. The petition received on May 11, 2004. across the entire range of the wekiu bug. Miami blue is endemic to south Florida. Three Forks springsnail (Pyrgulopsis The immediacy of the threats is Historically, it occurred throughout the trivialis)—The following summary is imminent in some parts of the wekiu Florida Keys, north to Hillsborough and based on information from our files. No bug’s range because ongoing Volusia Counties. None were reported to new information was provided in the development is occurring. Although the be found between 1996 and 1999, but it petition we received on May 11, 2004. threats are ongoing and therefore is presently located at two sites in the The Three Forks springsnail is an imminent in some areas of wekiu bug Keys. In 1999, a population was endemic species with distribution habitat, the recent discoveries of new discovered at Bahia Honda State Park on limited to the Three Forks Springs and locations of the wekiu bug in areas that Bahia Honda Key and in 2006 a second Boneyard Springs spring complexes in are not subject to the primary threat of population was discovered on the outer the North Fork East Fork Black River astronomy development reduces the islands of Key West National Wildlife Watershed of east-central Arizona. The magnitude of the threat from high to Refuge. The former appears restricted to springsnail was known from free- moderate. Therefore, we assigned this several 100 individuals at most, while flowing spring heads, concrete boxed species an LPN of 8. the latter likely includes at least 1,500 spring heads, spring runs, and spring Mariana eight spot butterfly individuals. Capacity to expand at seepage at these sites. The primary (Hypolimnas octucula mariannensis)— either site or successfully emigrate from threats include habitat modification The following summary is based on either site appears to be very low due to from recreational activities, damage information contained in our files. No the sedentary nature of the butterfly and from elk wallowing, and predation from new information was provided in the isolation of habitats. The actual area of nonnative crayfish. The population at petition we received on May 11, 2004. occupied habitat has not yet been Three Forks appears to be nearly The Mariana eight spot butterfly is a defined. Captive propagation and extirpated following a fire retardant nymphalid butterfly species that feeds reintroduction efforts are continuing drop in 2004. The Arizona Game and upon two host plants, Procris with some success. The Miami blue is Fish Department currently maintains an pedunculata and Elatostema calcareum. predominantly a coastal species, active monitoring program for the Three Endemic to the islands of Guam and occurring in disturbed and early Forks springsnail in cooperation with Saipan, the species is now known from successional habitats such as the edges the Service and U.S. Forest Service. ten populations on Guam. This species of tropical hardwood hammock, coastal This program includes population is currently threatened by predation and berm forest, and along trails and other monitoring, habitat sampling, and parasitism. The Mariana eight spot open sunny areas, and historically in removal of nonnative predatory butterfly has extremely high mortality of pine rocklands. These habitats provide crayfish. However, in the absence of a eggs and larvae due to predation by larval host plants and adult nectar comprehensive management strategy to alien ants and wasps. Because the threat sources that are required to occur in effectively address the threat from elk, of parasitism and predation by close proximity. The magnitude of crayfish, and fire suppression in the nonnative insects occur range-wide and threat is high for this species, due to long-term, the threats are ongoing and can cause significant population interacting risks associated with limited therefore, imminent. The magnitude of declines to this species, they are high in population size and range (and loss of threats is high, because limited magnitude. The threats are imminent historical range), hurricanes, and distribution of this narrow endemic because they are ongoing. Therefore, we mosquito control activities. In addition, makes any impact from the threats assigned an LPN of 3 for this subspecies. illegal collection may also pose a threat. likely to result in the extinction of the Mariana wandering butterfly (Vagrans Except for hurricanes, the threats are species. Therefore, we retain an LPN of egestina)—The following summary is nonimminent because the current range 2 for the Three Forks springsnail. based on information contained in our is within a State park and National files. No new information was provided Wildlife Refuge, wherein the above Insects in the petition we received on May 11, threats are substantially controlled. Wekiu bug (Nysius wekiuicola)—The 2004. The Mariana wandering butterfly Therefore, the Miami blue is assigned an following summary is based on is a nymphalid butterfly species which LPN of 6. information contained in our files. No feeds upon a single host plant species, Sequatchie caddisfly (Glyphopsyche new information was provided in the Maytenus thompsonii. Originally known sequatchie)—The following summary is petition we received on May 11, 2004. from and endemic to the islands of based on information in our files. No The wekiu bug belongs to the true bug Guam and Rota, the species is now new information was provided in the family, Lygaeidae, and is endemic to the known from one population on Rota. petition we received on May 11, 2004.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69075

The Sequatchie caddisfly is known from on the more wide-ranging insects. is not found outside the cave two spring runs that emerge from caves Events such as toxic chemical spills, environment. The inquirer cave beetle is in Marion County, Tennessee—Owen discharges of large amounts of polluted only known from one privately owned Spring Branch and Martin Spring run in water or indirect impacts from off-site Tennessee cave. The limestone cave in the Battle Creek system. The Owen construction activities, closure of which this species is found provides a Spring Branch population occurs within entrances, alteration of entrances, or the unique and fragile environment that Sequatchie Cave Park, which is a Class creation of new entrances could have supports a variety of species that have II Natural-Scientific State Natural Area, serious adverse impacts on this species. evolved to survive and reproduce under thus providing statutory protection from The magnitude of threat is high for this the demanding conditions found in cave collection for the population in Owen species due to its limited distribution. ecosystems. The species was last Spring Branch. In spite of greater The immediacy of threat is observed in 2006. The limited amounts of suitable habitat at the Martin nonimminent because there are no distribution of the species makes it Spring run, Sequatchie caddisflies are known projects planned that would vulnerable to isolated events that would more difficult to find at this site. affect the species in the next 1–2 years; only have a minimal effect on the more Biologists estimated population sizes at we therefore have assigned an LPN of 5 wide-ranging insects. The area around 500 to 5000 individuals for Owen to this species. the only known site for the species is in Spring Branch and 2 to 10 times higher Icebox cave beetle a rapidly expanding urban area and at Martin Spring, due to the greater (Pseudanophthalmus frigidus)—The indirect impacts, such as chemical or amount of apparently suitable habitat. following summary is based upon other pollution, could significantly More recently, Dr. David Etnier reported information in our files. No new impact both the cave and the species the that the Sequatchie caddisfly was information was provided in the cave supports. The entrance to the cave abundant at the Owens Spring Branch petition we received on May 11, 2004. is protected by the landowner through location during observations in 2001, Icebox cave beetle is a small, eyeless, a cooperative management agreement while only two individuals were reddish-brown predatory insect that with the Service, The Nature observed at the Martin Spring locale. feeds upon small cave invertebrates. It Conservancy and Tennessee Wildlife The primary threats to Sequatchie is cave dependent and is not found Resources Agency; however, a sinkhole caddisfly include its extremely limited outside the cave environment. Icebox that drains into the cave system is distribution, apparent small population cave beetle is only known from one located away from the protected size, the limited amount of occupied privately owned Kentucky cave. The entrance and is near a highway. Events habitat, and the ease of accessibility. limestone cave in which this species is such as toxic chemical spills, discharges These threats are gradual and/or not found provides a unique and fragile of large amounts of polluted water or necessarily imminent but are of a high environment that supports a variety of indirect impacts from off-site magnitude; therefore, we assigned this species that have evolved to survive and construction activities could adversely species an LPN of 5. reproduce under the demanding affect the species. The magnitude of conditions found in cave ecosystems. threat is high for this species due to its Clifton cave beetle The species has not been observed since (Pseudanophthalmus caecus)—The limited distribution. The immediacy of it was originally collected from the only threat is nonimminent because there are following summary is based upon site known to support the species, but information in our files. No new no known projects planned that would species experts believe that it may still affect the species in the next 1–2 years information was provided in the exist there in low numbers. The limited and it receives some protection under a petition we received on May 11, 2004. distribution of the species makes it cooperative management agreement; we Clifton cave beetle is a small, eyeless, vulnerable to isolated events that would therefore have assigned an LPN of 5 to reddish-brown predatory insect that only have a minimal effect on the more this species. feeds upon small cave invertebrates. It wide-ranging insects. Events such as is cave dependent and is not found toxic chemical spills or discharges of Louisville cave beetle outside the cave environment. Clifton large amounts of polluted water, or (Pseudanophthalmus troglodytes)—The cave beetle is only known from two indirect impacts from off-site following summary is based upon privately owned Kentucky caves. Soon construction activities, closure of information in our files. No new after the species was first collected in entrances, alteration of entrances, or the information was provided in the 1963, the entrance to the cave was creation of new entrances, could have petition we received on May 11, 2004. enclosed due to road construction. serious adverse impacts on this species. The Louisville cave beetle is a small, Other caves in the vicinity of this cave The magnitude of threat is high for this eyeless, reddish-brown predatory insect were surveyed for the species during species due to its limited distribution. that feeds upon cave invertebrates. It is 1995–1996. Only one additional site The immediacy of threat is cave dependent and is not found was found to support the Clifton cave nonimminent because there are no outside the cave environment. beetle. It can not be determined at this known projects planned that would Louisville cave beetle is only known time if the species still occurs at the affect the species in the next 1–2 years; from two privately owned Kentucky original location or if the species has we therefore have assigned an LPN of 5 caves. The limestone caves in which been extirpated from the site by the to this species. this species are found provide a unique closure of the cave entrance. The Inquirer cave beetle and fragile environment that supports a limestone caves in which this species (Pseudanophthalmus inquisitor)—The variety of species that have evolved to are found provide a unique and fragile following summary is based upon survive and reproduce under the environment that supports a variety of information in our files. No new demanding conditions found in cave species that have evolved to survive and information was provided in the ecosystems. The limited distribution of reproduce under the demanding petition we received on May 11, 2004. the species makes it vulnerable to conditions found in cave ecosystems. The inquirer cave beetle is a fairly isolated events that would only have a The limited distribution of the species small, eyeless, reddish-brown predatory minimal effect on the more wide- makes it vulnerable to isolated events insect that feeds upon small cave ranging insects. Events such as toxic that would only have a minimal effect invertebrates. It is cave dependent and chemical spills, discharges of large

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69076 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

amounts of polluted water or indirect from Washington, two of which are in dense, monotypic stands that impacts from off-site construction the Willamette Valley of Oregon, and a completely eliminate any open water. activities, closure of entrances, new location was discovered in British These threats are occurring in varying alteration of entrances, or the creation of Columbia, Canada, in 2005. The species degrees rangewide for the blackline new entrances could have serious had not been detected in Canada since Hawaiian damselfly. Although there are adverse impacts on this species. The 2000, and many negative surveys were no efforts being done to control or magnitude of threat is high for this conducted until the species was found eradicate nonnative fish or insects or to species, given its narrow distribution. at a new location on Denman Island, stop the loss of habitat, the 16 streams The immediacy of threat is British Columbia. The size and location are widely dispersed on both sides of nonimminent because there are no of the populations may shift from year the mountain range and are highly known projects planned that would to year. Most populations are small, unlikely to experience complete loss of affect the species in the next 1–2 years; usually with fewer than 5 or 10 populations at the same time. Therefore we therefore have assigned an LPN of 5 butterflies detected; one population on the magnitude of the threats is to this species. Department of Defense land had more moderate. Threats to the blackline Tatum Cave beetle than 1,000 individuals in 2006, but this Hawaiian damselfly from loss of habitat (Pseudanophthalmus parvus)—The was an exception. and introduced nonnative fish and following summary is based upon Threats include degradation and insects are ongoing and therefore are information in our files. No new destruction of native grasslands to imminent. Therefore, we assigned this information was provided in the agriculture, residential and commercial subspecies an LPN of 9. petition we received on May 11, 2004. development, encroachment by Crimson Hawaiian damselfly Tatum Cave beetle is a small, eyeless, nonnative plants; succession from (Megalagrion leptodemas)—We have not reddish-brown predatory insect that grasslands to native shrubs and trees, updated our candidate assessment for feeds upon cave invertebrates. It is cave and fire. The grassland ecosystem on this species, as we are currently dependent and is not found outside the which this subspecies depends requires developing a proposed listing rule. cave environment. Tatum Cave beetle is annual management to maintain Flying earwig Hawaiian damselfly only known from one privately owned suitable grassland habitat for the (Megalagrion nesiotes)—We have not Kentucky cave. The limestone cave in species. Application of Bacillus updated our candidate assessment for which this species is found provides a thuringiensis var. kurstake (Btk) for this species, as we are currently unique and fragile environment that Asian gypsy moth control likely developing a proposed listing rule. supports a variety of species that have contributed to extirpation of the Oceanic Hawaiian damselfly evolved to survive and reproduce under subspecies at three locations in Pierce (Megalagrion oceanicum)—We have not the demanding conditions found in cave County, Washington. The use of Btk updated our candidate assessment for ecosystems. The species has not been continues to be a threat if it is used in this species, as we are currently observed since 1965, but species experts areas in proximity to native prairies. believe that it still exists in low The magnitude of threats is high developing a proposed listing rule. numbers. The limited distribution of the because of the extremely small number Orangeblack Hawaiian damselfly species makes it vulnerable to isolated of populations, the size of remaining (Megalagrion xanthomelas)—The events that would only have a minimal populations, and the collapse in the following summary is based on effect on the more wide-ranging insects. species’ distribution; many of the information contained in our files. No Events such as toxic chemical spills or numerous threats could occur new information was provided in the discharges of large amounts of polluted simultaneously and affect most of the petition we received on May 11, 2004. water, or indirect impacts from off-site populations. Threats are imminent Megalagrion xanthomelas is a stream- construction activities, closure of because many are ongoing. We assigned dwelling damselfly species endemic to entrances, alteration of entrances, or the the Taylor’s checkerspot butterfly an the Hawaiian Islands of Kauai, Oahu, creation of new entrances could have LPN of 3. Molokai, Maui, Lanai, and Hawaii. The serious adverse impacts on this species. Blackline Hawaiian damselfly species is now restricted to 16 The magnitude of threat is high for this (Megalagrion nigrohamatum populations on the islands of Oahu, species, because its limited numbers nigrolineatum)—The following Maui, Molokai, Lanai, and Hawaii. This mean that any threats could affect its summary is based on information species is threatened by predation from continued existence. The immediacy of contained in our files. No new alien aquatic species such as fish and threat is non-imminent because there information was provided in the predacious insects and habitat loss are no known projects planned that petition we received on May 11, 2004. through dewatering of streams and would affect the species in the next 1– The blackline Hawaiian damselfly is a invasion by nonnative plants. Nonnative 2 years; we therefore have assigned an stream-dwelling damselfly species fish and insects prey on the naiads of LPN of 5 to this species. endemic to the island of Oahu, Hawaii. the damselfly and loss of water reduces Taylor’s (Whulge, Edith’s) Once known from throughout Oahu, the the amount of suitable naiad habitat checkerspot butterfly (Euphydryas species is now restricted to 16 streams available. Invasive plants (e.g. California editha taylori)—The following summary within the Koolau Mountains. This grass (Brachiaria mutica)) also is based on information from our files species is threatened by predation from contribute to loss of habitat by forming and in the petition received on alien aquatic species such as fish and dense, monotypic stands that December 11, 2002. Historically, the predacious insects and habitat loss completely eliminate any open water. Taylor’s checkerspot butterfly was through dewatering of streams and Nonnative fish and plants are found in known from 70 locations: 23 in British invasive nonnative plants. Nonnative all the streams the orangeblack Columbia, 34 in Washington, and 13 in fish and insects prey on the naiads of damselfly occur in, except the Oahu Oregon. Following surveys during the the damselfly and loss of water reduces location, where there are no nonnative 2007 flight period, 11 populations were the amount of suitable naiad habitat fish. We assigned this species an LPN of known, with a total of about 2,500– available. Invasive plants (e.g. California 8 because though the threats are ongoing 3,000 individuals observed rangewide. grass (Brachiaria mutica)) also and therefore imminent, they occur in Currently, eight populations are known contribute to loss of habitat by forming varying degrees throughout the range of

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69077

the species and are considered of Dakota skipper (Hesperia dacotae)— Highlands tiger beetle (Cicindela moderate magnitude. See above in ‘‘Summary of Listing highlandensis)—The following Pacific Hawaiian damselfly Priority Changes in Candidates.’’ The summary is based on information in our (Megalagrion pacificum)—We have not above summary is based on information files. No new information was provided updated our candidate assessment for contained in our files, including in the petition we received on May 11, this species, as we are currently information from the petition received 2004. The Highlands tiger beetle is developing a proposed listing rule. on May 12, 2003. narrowly distributed and restricted to Picture-wing fly (Drosophila Mardon skipper (Polites mardon)— areas of bare sand within upland oak attigua)—We have not updated our The following summary is based on scrub and pine vegetation on the ancient candidate assessment for this species, as information contained in our files and sand dunes of the Lake Wales Ridge in we are currently developing a proposed the petition we received on December Polk and Highlands Counties, Florida. listing rule. 24, 2002. The Mardon skipper is a rare Adult tiger beetles have been found at Picture-wing fly (Drosophila northwestern butterfly with a 40 sites from near Haines City south to digressa)—The following summary is remarkably disjunct range. Currently Josephine Creek. In 2004–2005 surveys, based on information contained in our this species is known from four widely biologists found a total of 1,574 adults files. No new information was provided separated regions: south Puget Sound at 40 sites, compared with 643 adults at in the petition we received on May 11, region, southern Washington Cascades, 31 sites in 1996, 928 adults at 31 sites 2004, but new information was Siskiyou Mountains of southern Oregon, in 1995, and 742 adults at 21 sites in provided by one Drosophila expert in and coastal northwestern California. 1993. Of the 40 sites in the 2004–2005 2006. This picture-wing fly, a member The number of documented locations surveys with one or more adults: 3 sites of the family Drosophilidae, feeds only for the species has increased from less were found to have large populations of upon species of Charpentiera, and is than 10 in 1997 to more than 50 over 100 adults [Catfish Creek Preserve endemic to the Hawaiian Island of rangewide in 2007. However, most (493), Snell Creek South (193), and Hawaii. Never abundant in number of populations for Mardon skipper are Flaming Arrow Scout Camp (175)]; 3 individuals observed, D. digressa was extremely small, and approximately 10 sites had populations of 50–99 adults; 8 originally known from 5 population sites had 20–49 adults, 13 sites had 10– sites and may now be limited to as few locations have populations with more than 50 individuals. The Mardon 19 adults, and 13 sites had fewer than as 1 or 2 sites. Due to the small 10 adults. Results from a limited population size of the species and its skipper spends its entire life cycle in one location, often on the same removal study at four sites suggest that small known habitat area, Drosophila the actual population size at the various researchers believe this species and its grassland patch. The dispersal ability for Mardon skipper is restricted. Threats survey sites is likely to be as much as habitat are particularly vulnerable to a two times as high as indicated by the myriad of threats. Feral ungulates (pigs, include habitat loss and degradation due to development, overgrazing, use of visual index counts. Lack of fire to goats, and cattle) degrade and destroy D. create open sand, pesticide use, small digressa host plants and habitat by herbicides and pesticides, encroachment of nonnative and native population sizes, and over-collecting directly trampling plants, facilitating pose serious threats to this species. vegetation, succession from grassland to erosion, and spreading nonnative plant Because this species is narrowly forest, fire suppression; direct loss of seeds. Nonnative plants degrade host distributed with specific habitat individuals due to fire; recreational plant habitat and compete for light, requirements and small populations, the activities; insect collecting; and random, space, and nutrients. Direct predation of magnitude of threats is high. Although naturally occurring events. The species’ D. digressa by nonnative social insects, the majority of its historic range has limited dispersal ability restricts the particularly yellow jacket wasps, is also been lost, degraded, and fragmented, likelihood of recolonization once a a serious threat. Additionally, this numerous sites are protected and land population is lost. The likelihood of species faces competition at the larval managers are implementing prescribed Mardon skippers dispersing between stage from non-native tipulid flies, fire, which should restore habitat and which feed within the same portion of suitable habitat patches in a fragmented help reduce threats. Overall, the threats the decomposing host plant area landscape is low. The magnitude of are nonimminent. Therefore, we normally occupied by the D. digressa threats is high because of the small assigned the Highlands tiger beetle an larvae during their development with a population sizes and disjunct LPN of 5. resulting reduction in available host distribution of the species that limits its plant material. The threats to the native ability to disperse. Loss of any of the Arachnids forest habitat of Drosophila digressa, populations could threaten the Warton cave meshweaver (Cicurina and to individuals of this species, occur continued existence of the species wartoni)—The following summary is throughout its range and are expected to within each of its disjunct population based on information from our files. No continue or increase without their centers. It would be unlikely that any new information was received since the control or eradication, and are threat would affect all known locales last Candidate Notice of Review considered imminent, because they are simultaneously. Overall, the threats are published on September 12, 2006, or ongoing. No known conservation nonimminent because the threats are was provided in the petition we measures have been taken to date to not currently occurring at all known received on May 11, 2004. Warton Cave specifically address these threats, and population sites. We assign an LPN of meshweaver is an eyeless, cave- we have therefore assigned this species 5 to the Mardon skipper. dwelling, unpigmented, 0.25-inch long an LPN of 2. Coral Pink Sand Dunes tiger beetle invertebrate known only from female Stephan’s riffle beetle (Heterelmis (Cicindela limbata albissima)—See specimens. This meshweaver is known stephani)—See above in ‘‘Summary of above in ‘‘Summary of Listing Priority to occur in only one cave (Pickle Pit) in Listing Priority Changes in Candidates.’’ Changes in Candidates.’’ The above Travis County, Texas. Primary threats to The above summary is based on summary is based on information the species and its habitat are predation information from our files. No new contained in our files, including and competition from fire ants and information was provided in the information from the petition we surface and subsurface effects from petition received on May 11, 2004. received on April 21, 1994. runoff from an adjacent subdivision.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69078 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

The magnitude of threats is considered three populations on the island of Maui were no signs of dumping or fill in any high, because the single location for this and one population on the island of of the pools where the species occurs. species makes it highly vulnerable to Hawaii. The primary threats to this Therefore, we assigned this species an extinction. The threats are imminent, species are predation by fish (which do LPN of 5. because fire ants are known to occur in not naturally occur in the pools Anchialine pool shrimp (Vetericaris the vicinity of the cave, and impacts to inhabited by this species) and habitat chaceorum)—The following summary is the cave from runoff and human loss due to degradation. The pools based on information contained in our activities are an imminent threat. Thus, where this species occurs on Maui are files. No new information was provided we assign an LPN of 2 to this species. located within a State Natural Area in the petition we received on May 11, 2004. Vetericaris chaceorum is an Crustaceans Reserve (NAR). Hawaii’s State statutes prohibit the collection of the species anchialine pool-inhabiting species of Anchialine pool shrimp (Metabetaeus and the disturbance of the pools in State shrimp belonging to the family lohena)—The following summary is NARs. On the island of Hawaii, the Procarididae; it is the only species in its based on information contained in our species occurs within a National Park, genus. This species is endemic to the files. No new information was provided and collection and disturbance are also Hawaiian Islands and is only known in the petition we received on May 11, prohibited. However, enforcement of from one population in a single pool on 2004. Metabetaeus lohena is an these prohibitions is difficult, and the the island of Hawaii. The primary anchialine pool-inhabiting species of negative effects from the introduction of threats to this species are predation shrimp belonging to the family fish are extensive and happen quickly. from nonnative fish and habitat Alpheidae. This species is endemic to Therefore, threats to this species are of degradation and contamination from the Hawaiian Islands and is currently high magnitude. However, threats are illegal trash dumping. This species known from populations on the islands considered nonimminent, because a would be highly vulnerable to predation of Oahu, Maui, and Hawaii. The 2004 survey did not find fish in the by any intentionally or accidentally primary threats to this species are pools where these shrimp occur on introduced fish, or contamination from predation by fish (which do not Maui or the island of Hawaii, and there illegal dumping into its single known naturally occur in the pools inhabited was no evidence of recent habitat location. This pool lies within lands by this species) and habitat loss from degradation. Therefore, the threats of administered by the State of Hawaii degradation. The pools where this predation from fish and habitat Department of Hawaiian Home Lands. species occurs on Maui and Hawaii degradation are nonimminent, and we The threats to Vetericaris chaceorum Island are located within State Natural assigned this species an LPN of 5. from habitat degradation and Area Reserves (NAR). Hawaii’s State destruction, and predation by nonnative statutes prohibit the collection of the Anchialine pool shrimp (Procaris fish are of high magnitude, because this species and the disturbance of the pools hawaiana)—The following summary is species occurs in only one pool. All in State NARs. The pools where this based on information contained in our individuals of this species may be species occurs on the island of Oahu do files. No new information was provided adversely impacted by a single dumping not receive protection from collection of in the petition we received on May 11, of trash or release of nonnative fish in the species or disturbance of the pools. 2004. Procaris hawaiana is an its only known pool. However, the Enforcement of collection and anchialine pool-inhabiting species of threats are nonimminent, as fish have disturbance prohibitions is difficult, and shrimp belonging to the family not been introduced into the pool (nor the negative effects from the Procarididae. This species is endemic to is there any reason to believe that introduction of fish are extensive and the Hawaiian Islands and is currently introduction is imminent) and a site happen quickly. Therefore, threats to known from two populations on the visit in early 2005 showed there were no this species are of a high magnitude. island of Maui and one population on signs of dumping or fill. Therefore we However, we consider the primary the island of Hawaii. The primary assigned this species an LPN of 4 threats of predation from fish and loss threats to this species are predation because the threats are of high of habitat due to degradation to be from fish (which do not naturally occur magnitude though nonimminent, and nonimminent, because no fish were in the pools inhabited by this species) the species is in a monotypic genus. observed in any of the pools where this and habitat loss due to degradation. The Troglobitic groundwater shrimp species occurs and there has been no pools where this species occurs on Maui (Typhlatya monae)—See above in documented dumping in the pools this are located within a State Natural Area ‘‘Summary of Listing Priority Changes in species occurs in on the islands of Maui Reserve (NAR). Hawaii’s State statutes Candidates.’’ The above summary is or Hawaii. Only one site on Oahu had prohibit the collection of the species based on information contained in our a dumping instance, and in that case the and the disturbance of the pools in State files, including information from the dumping was cleaned up and the NARs. However, enforcement of these petition we received on May 11, 2004. species subsequently returned. No prohibitions is difficult and the negative additional dumping events are known to effects from the introduction of fish are Flowering plants have occurred. Therefore, we assigned extensive and happen quickly. There are Abronia alpina (Ramshaw Meadows this species an LPN of 5. no conservation efforts underway to sand-verbena)—See above in ‘‘Summary Anchialine pool shrimp alleviate the potential for any of these of Listing Priority Changes in (Palaemonella burnsi)—The following threats in the one pool on the island of Candidates.’’ The above summary is summary is based on information Hawaii. Therefore, threats to this based on information in our files. No contained in our files. No new species remain at high magnitude. new information was provided in the information was provided in the However, the threats to the species are petition we received on May 11, 2004. petition we received on May 11, 2004. nonimminent because, during a 2004 Arabis georgiana (Georgia Palaemonella burnsi is an anchialine survey, no fish were observed in the rockcress)—The following summary is pool-inhabiting species of shrimp pools where these shrimp occur on based on information contained in our belonging to the family Palaemonidae. Maui and no fish were observed in the files. No new information was provided This species is endemic to the Hawaiian one pool on the island of Hawaii during in the petition we received on May 11, Islands and is currently known from a site visit in 2005. In addition, there 2004. The Georgia rockcress grows in a

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69079

variety of dry situations, including to fire suppression, the difficulty of County site, and high water flows are shallow soil accumulations on rocky applying prescribed fire to pine random, naturally occurring events that bluffs, ecotones of gently sloping rock rocklands, and threats from exotic may occur unpredictably in any year. outcrops, and in sandy loam along plants. Remaining habitats are Therefore, we have retained an LPN of eroding river banks. It is occasionally fragmented. Threats such as road 3 for this subspecies. found in adjacent mesic woods, but it maintenance, road enhancement, Astelia waialealae (Pa1iniu)—We have will not persist in heavily shaded infrastructure, and illegal dumping not updated our candidate assessment conditions. Currently a total of 20 threaten some populations. Blodgett’s as we are currently developing a populations are known from the Gulf silverbush is vulnerable to natural proposed listing rule for this species. Coastal Plain, Piedmont, and Ridge and disturbances, such as hurricanes, Astragalus tortipes (Sleeping Ute Valley physiographic provinces of tropical storms, and storm surges. Sea milkvetch)—The following summary is Alabama and Georgia. Populations of level rise is a long-term threat that will based on information contained in our this species typically have a limited continue; it is expected to continue to files. No new information was provided number of individuals over a small area. affect pine rocklands and ultimately in the petition we received on May 11, Habitat degradation, more than outright reduce the extent of available habitat, 2004. Sleeping Ute milkvetch is a habitat destruction, is the most serious especially in the Keys. Overall, the perennial plant that grows only on the threat to the continued existence of this magnitude of threats is moderate and Smokey Hills layer of the Mancos Shale species. Disturbance, associated with the threats are nonimminent. Thus, we Formation on the Ute Mountain Ute timber harvesting, road building, and assigned an LPN of 11 to this species. Indian Reservation in Montezuma grazing has created favorable conditions Artemisia campestris var. County, Colorado. In 2000, 3,744 plants for the invasion of exotic weeds, wormskioldii (Northern wormwood)— were recorded at 24 locations covering especially Japanese honeysuckle The following summary is based on 500 acres within an overall range of (Lonicera japonica), in this species’ information from our files. No new 64,000 acres. Available information habitat. Eight populations are currently information was provided in the from 2000 indicates that the species or potentially threatened by the petition we received on May 11, 2004. remains stable. Recently, the Tribe presence of exotics. The heritage Historically known from eight sites, expressed interest in conducting new programs in Alabama and Georgia have northern wormwood is currently known surveys and initiating protection for the initiated plans for exotic control at from only two populations in Klickitat species. Previous and ongoing threats several populations. The magnitude of and Grant Counties, Washington. This from borrow pit excavation, off-highway threats to this species is moderate to low plant is restricted to exposed basalt, vehicles, irrigation canal construction, due to the number of populations (20) cobbly-sandy terraces, and sand habitat and a prairie dog colony have had minor impacts that reduced the range and across multiple counties in two states along the shore and on islands in the number of plants by small amounts. Off- and the nature of the threats. However, Columbia River. The two sites are highway vehicle use of the habitat is since a number of the populations are separated by 200 miles (322 kilometers) reportedly increasing. Oil and gas currently being affected by nonnative of the Columbia River and three large development is active in the general plants, the threat is imminent. Thus, we hydroelectric dams. The Klickitat area, but we have received no assigned an LPN of 8 to this species. County population is declining; it is unclear whether the Grant County information from the tribe to indicate Argythamnia blodgettii (Blodgett’s population is stable or declining, but it whether there is development within silverbush)—The following summary is is vulnerable to environmental the habitat for the plants. The threats are based on information in our files. No variability. Surveys of apparently moderate in magnitude, since they have new information was provided in the suitable habitat along the Hanford Reach had minor impacts and, based on petition we received on May 11, 2004. have not detected any additional plants. information we have, the population Blodgett’s silverbush is found in open, Threats to northern wormwood appears to be stable. In addition, the sunny areas in pine rockland, edges of include direct loss of suitable habitat Tribe indicated that it is developing a rockland hammock, edges of coastal through regulation of water levels in the management plan for the species and berm, and sometimes disturbed areas at Columbia River and placement of riprap has started to implement some the edges of natural areas. Plants can be along the river bank; trampling of plants protective measures such as installing found growing from crevices on as a result of recreational use; fencing and removing cattle from the limestone, or on sand. The pine competition with non-native invasive fenced area where the plants occur. rockland habitat where it occurs in species; burial by wind and water-borne Because of the general lack of Miami-Dade County and the Florida sediments; a small population size that information on current threats from the Keys requires periodic fires to maintain makes both sites susceptible to genetic Tribe, imminence of threats is not fully habitat with a minimum amount of drift and inbreeding; and the potential known. While ORV use is currently hardwoods. Based upon available data, for hybridization with two other species occurring and may be increasing, oil there are approximately 27 extant of Artemisia. Ongoing conservation and gas production is not known to occurrences, 12 in Monroe County and actions have reduced trampling, but currently occur in the areas where this 15 in Miami-Dade County; many have not eliminated or reduced the species exists. Overall, we conclude occurrences are on conservation lands; other threats at the Grant County site. threats are nonimminent. Therefore, we however, 4–5 sites are recently thought The magnitude of threat is high for this assigned a LPN of 11 to this species. to be extirpated or destroyed. The subspecies, because the only two Bidens amplectens (Kookooalu)—The estimated population size of Blodgett’s remaining populations are widely following summary is based on silverbush in the Florida Keys, separated and distributed such that one information contained in our files. No excluding Big Pine Key, is roughly or both populations could be eliminated new information was provided in the 11,000; the estimated population in by a single disturbance. The threats are petition we received on May 11, 2004. Miami-Dade County is 375 to 13,650 imminent, because recreational use is This species is an erect perennial or plants. Blodgett’s silverbush is ongoing, invasive nonnative species facultative annual herb found in mixed threatened by habitat loss, which is occur at both sites, erosion of the lowland dry shrubland/grassland on exacerbated by habitat degradation due substrate is ongoing at the Klickitat Oahu, Hawaii. Known from one

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69080 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

population of 500 to 1,000 individuals changed, the number of individuals has difficulty of applying prescribed fire to in the Waianae Mountains, the threats to declined over the last decade or so. This pine rocklands, and threats from exotic this species are nonnative plants that species is threatened by pigs that plants. Remaining habitats are increase the fuel load and fire threat, degrade and destroy habitat, and eat fragmented. The species is vulnerable to and compete for habitat. The magnitude vegetative parts and fruit of B. natural disturbances, such as of threats continues to be high because conjuncta, and by nonnative plants that hurricanes, tropical storms, and storm no conservation measures have been outcompete and displace it. Feral pigs surges. Due to its restricted range and taken to address them and because of have been fenced out of portions of the the small sizes of most isolated the potential for the elimination of the populations of B. conjuncta, and occurrences, this species is vulnerable only known population by a single nonnative plants have been greatly to environmental (catastrophic stochastic or naturally occurring event. reduced in the fenced areas. The threats hurricanes), demographic (potential Threats continue to be imminent from feral pigs and nonnative plants are, episodes of poor reproduction), and because they are ongoing. We retained therefore, of a moderate magnitude to genetic (potential inbreeding an LPN of 2 for this species. this species. However, these threats are depression) threats. Thus, the overall Bidens campylotheca ssp. pentamera imminent because they are ongoing. magnitude of threat is moderate. The (Kookooalu)—The following summary is Therefore, we retained an LPN of 8 for threats are ongoing and thus imminent. based on information contained in our this species. We assigned this species an LPN of 8. files. No new information was provided Bidens micrantha ssp. ctenophylla Calamagrostis expansa (Maui in the petition we received on May 11, (Kookooalu)—The following summary is reedgrass)—The following summary is 2004. This subspecies is an erect, based on information contained in our based on information contained in our perennial herb found in Cheirodendron- files. No new information was provided files. No new information was provided Metrosideros polymorpha (olapa-ohia) in the petition we received on May 11, in the petition we received on May 11, montane wet forest on Maui, Hawaii. 2004. This subspecies is an erect, 2004. This species is a robust, short- This subspecies is known from four perennial herb found in open mixed rhizomatous perennial found in wet populations with a total of shrubland to dry Metrosideros (ohia) forest, open bogs, and bog margins on approximately 350 individuals. Bidens forest on the island of Hawaii, Hawaii. the islands of Maui and Hawaii, Hawaii. campylotheca ssp. pentamera is This subspecies is endemic to the island Historically rare, C. expansa was threatened by feral pigs that degrade of Hawaii, where it is restricted to an restricted to wet forest and bogs on and destroy habitat, and by nonnative area of less than 10 square miles (26 Maui. It is unknown what the historical plants that compete for habitat. Feral square kilometers). Bidens micrantha status was on Hawaii. Currently, this pigs have been fenced out of one ssp. ctenophylla is known from three species is known from 100 populations population at Kipahulu. The remaining wild and four outplanted populations totaling approximately 400 individuals populations on east and west Maui are totaling approximately 2,000 to 3,000 on Maui, and was recently discovered in still affected by these threats. This individuals, the majority of which occur five populations totaling approximately subspecies is represented in an ex-situ in only two (wild) populations. This 300 individuals on the island of Hawaii. collection. However, these on-going subspecies is threatened by fire and Calamagrostis expansa is threatened by conservation efforts benefit only one of nonnative plants, and two populations pigs that degrade and destroy habitat the four known populations and are threatened by residential and and by nonnative plants that therefore threats continue to be of a high commercial development. The threats to outcompete and displace it. Feral pigs magnitude, because they threaten the B. micrantha ssp. ctenophylla from fire have been fenced out of most of the west continued existence of this subspecies. and nonnative plants are of a high Maui populations where C. expansa In addition, threats to B. campylotheca magnitude and imminent because they currently occurs, and nonnative plants ssp. pentamera are imminent because are occurring range-wide, they threaten have been reduced in the fenced areas. they are ongoing in three populations. the continued existence of the species, However, the threats are not controlled Therefore, we retained an LPN of 3 for and no efforts for their control have and are ongoing in the remaining this subspecies. been undertaken. In addition, two unfenced populations on Maui and in Bidens campylotheca ssp. waihoiensis populations are also threatened by all of the populations on the island of (Kookooalu)—See above in ‘‘Summary development. Therefore, we retained an Hawaii. Therefore, the threats from feral of Listing Priority Changes in LPN of 3 for this subspecies. pigs and nonnative plants are of a high Candidates.’’ The above summary is Brickellia mosieri (Florida brickell- magnitude and imminent for C. expansa based on information contained in our bush)—The following summary is based and we retained an LPN of 2 for this files. No new information was provided on information contained in our files. species. in the petition we received on May 11, No new information was provided in Calamagrostis hillebrandii 2004. the petition we received on May 11, (Hillebrand’s reedgrass)—The following Bidens conjuncta (Kookooalu)—The 2004. This species is restricted to pine summary is based on information following summary is based on rocklands of Miami-Dade County, contained in our files. No new information contained in our files. No Florida. This habitat requires periodic information was provided in the new information was provided in the prescribed fires to maintain the low petition we received on May 11, 2004. petition we received on May 11, 2004. understory and prevent encroachment Calamagrostis hillebrandii is a slender, Bidens conjuncta is an erect, perennial by native tropical hardwoods and exotic short-rhizomatous perennial found in herb found in Metrosideros- plants, such as Brazilian pepper. Only Metrosideros-Machaerina montane wet Dicranopteris-Cheirodendron (ohia- one large population (up to 10,000 bog or Metrosideros-Rhynchospora- uluhe-olapa) lowland to montane wet individuals) is known to exist, plus 18 Oreobolus mixed bog on Maui, Hawaii. forest and shrubland on Maui, Hawaii. other occurrences each containing less This species is known from two Seven populations are known, totaling than 100 individuals. Ten of these populations of about 2,000 individuals, approximately 2,200 individuals occurrences are on conservation lands. restricted to the bogs of west Maui. scattered throughout upper elevation This species is threatened by habitat There is an unconfirmed report of C. drainages of west Maui. Although the loss, which is exacerbated by habitat hillebrandii from central Molokai. This overall range of the species has not degradation due to fire suppression, the species is currently threatened by pigs

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69081

that degrade and destroy habitat and two small populations relatively close to our files. No new information was nonnative plants that outcompete and one another). The threats are provided in the petition we received on displace it. A portion of one population nonimminent given that the populations May 11, 2004. Calyptranthes estremerae is protected by an ungulate exclosure are found within protected lands and is a small tree from the subtropical fence while the other population may there are no known projects or moist forest of northwestern Puerto indirectly benefit from conservation management activities planned that Rico, in the municipalities of Camuy, actions for ungulate control and control would destroy the known populations Utuado, and Arecibo. Calyptranthes of nonnative plants conducted in a of Calliandra locoensis. estremerae was only known from nearby preserve. The threats are Calochortus persistens (Siskiyou several individuals found near the imminent because they are ongoing in mariposa lily)—The following summary recreation area adjacent to the Camuy one of the two known populations. is based on information contained in Caves, but specimens were later found Because they threaten the continued our files and the petition we received on within the Rı´o Abajo Commonwealth existence of the species, the threats are September 10, 2001. The Siskiyou Forest (up to 50 individuals) at a site high in magnitude. Therefore, we mariposa lily is a narrow endemic that that was affected by the construction of retained an LPN of 2 for this species. is restricted to two disjunct ridge tops Highway PR 10 in 1995. At the present Calliandra locoensis (no common in the Klamath-Siskiyou Range on the time, a minimum of 100 specimens of name)—The following summary is California-Oregon border. In California, Calyptranthes estremerae are estimated based on information from our files. No this species is currently found at nine for the Rı´o Abajo Commonwealth Forest new information was provided in the separate sites on approximately 10 and undetermined number in the petition we received on May 11, 2004. hectares (ha) (24.7 acres (ac)) of Klamath Camuy area. The magnitude of threat to Calliandra locoensis is a spiny, National Forest and privately owned Calyptranthes estremerae is considered leguminous shrub currently known from lands that stretch for 6 kilometers (km) high, due to restricted distribution and only two localities within the Susu´ a (3.7 miles (mi)) along the Gunsight- small number of individuals, Commonwealth Forest in the Humbug Ridge. In 1998, five Siskiyou catastrophic natural events, and the municipalities of Yauco and Sabana mariposa lily plants were discovered on potential destruction of specimens from Grande, in southwestern Puerto Rico. Bald Mountain, west of Ashland, expansion of recreational facilities. Twenty-five native species of Calliandra Jackson County, Oregon. However, these threats are not have been reported for the Antilles, Major threats include competition and imminent, because the largest known three of which are native to Puerto Rico, shading by native and nonnative species population of Calyptranthes estremerae including Calliandra locoensis. This fostered by suppression of wild fire; is found within protected lands, there species is endemic to Puerto Rico, and increased fuel loading and subsequent are no known projects planned that was discovered in 1991 during a study risk of wild fire; fragmentation by roads, would destroy the sites, and the species fire breaks, tree plantations, and radio- of the flora of the Susu´ a Commonwealth can be transplanted successfully. tower facilities; maintenance and Forest. It was described by Garcı´a and Therefore, we assign an LPN of 5 to construction around radio towers and Kolterman in 1992. Calyptranthes estremerae. Calliandra locoensis is found along telephone relay stations located on one creek in semi-evergreen to Gunsight Peak and Mahogany Point; and Canavalia napaliensis (Awikiwiki)— deciduous forests on shallow, soil disturbance and exotic weed and We have not updated our candidate serpentine soils with low nutrients, high grass species introduction as a result of assessment for this species, as we are drainage, and low fertility. Much of the heavy recreational use and construction currently developing a proposed listing vegetation in the forest was cut for of fire breaks. Dyer’s woad (Isatis rule. wood, cultivation, livestock grazing, and tinctoria), an invasive, nonnative plant Canavalia pubescens (Awikiwiki)— charcoal production, prior to its that may prevent germination of The following summary is based on designation as a public forest. Siskiyou mariposa lily seedlings, is now information contained in our files. No Calliandra locoensis exhibits a low found throughout the California new information was provided in the degree of self-compatibility in population, affecting 90 percent of the petition we received on May 11, 2004. pollination tests. Seeds have a short known lily habitat. Forest Service staff Awikiwiki is a perennial climber found viability period, do not appear to have and the Klamath-Siskiyou Wildlands in lowland dryland forest on Maui and a biotic dispersal agent (dispersed by Center cite competition with dyer’s Lanai, and is possibly on the island of dehiscence—seed pod splits open), and woad as a significant and chronic threat Niihau, Hawaii. This species is known require mesic conditions for to the survival of Siskiyou mariposa lily. from eight populations totaling at least germination, which may be factors in The combination of restricted range, 123 individuals. This species is the limited distribution of the species. extremely low numbers (five plants) in threatened by development (Maui), The small number of individuals in the one of two disjunct populations, poor goats (Maui) and axis deer (Maui and two populations, restricted distribution competitive ability, short seed dispersal Lanai) that degrade and destroy habitat, (two localities), forest management distance, slow growth rates, low seed and by nonnative plants that practices (accidental trampling, brush production, apparently poor survival outcompete and displace native plants clearing, trail maintenance), forest fires rates in some years and competition (both islands). An ungulate exclosure (natural or manmade), and catastrophic from exotic plants threaten the fence protects six individuals of C. natural events (hurricanes, floods, continued existence of this species. pubescens, and weed control is ongoing mudslides), threaten this species. We Because of the restricted range and low at this location on Maui. This species is assigned an LPN of 5 to this species numbers, the magnitude of threats is represented in two ex situ collections. because the magnitude of threat to high. While some of the threats are Threats to this species from feral goats, Calliandra locoensis is high because the ongoing, others are not, and overall the axis deer, and nonnative plants are threats can result in direct mortality and threats are nonimminent. We assigned ongoing, or imminent, and of high further reduce the populations, an LPN of 5 to this species. magnitude because they significantly combined with its restricted Calyptranthes estremerae (no affect the species throughout its range. distribution, apparent low dispersal common name)—The following Therefore, we retained an LPN of 2 for capability, and population number (only summary is based on information from this species.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69082 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

Castilleja christii (Christ’s developing a proposed listing rule for Chorizanthe parryi var. fernandina may paintbrush)—The following summary is this species. be threatened by invasive nonnative based on information contained in our Chamaesyce remyi var. kauaiensis plants, including grasses, which could files and the petition we received on (Akoko)—We have not updated our potentially displace it from available January 2, 2001. Castilleja christii is candidate assessment for this species, as habitat; compete for light, water, and found in one population on the summit we are currently developing a proposed nutrients; and reduce survival and of Mount Harrison in Cassia County, listing rule. establishment. Chorizanthe parryi var. Idaho. This endemic species is Chamaesyce remyi var. remyi fernandina is particularly vulnerable to considered a hemiparasite, and it grows (Akoko)—We have not updated our extinction due to its concentration in in association with subalpine meadow candidate assessment for this species as two isolated areas. The existence of only and sagebrush habitats. The population we are currently developing a proposed two areas of occurrence, and a relatively found on 85 ha (220 ac) may be large listing rule. small range, makes the variety highly (greater than 10,000 individual plants); Charpentiera densiflora (Papala)—We susceptible to extinction or extirpation however, an accurate current population have not updated our candidate from a significant portion of its range estimate is not yet available. Monitoring assessment, as we are currently due to random events such as fire, indicates that reproductive stems per developing a proposed listing rule for drought, erosion, or other occurrences. plant and plant density decreased this species. We retained an LPN of 6 for C. parryi Chorizanthe parryi var. fernandina significantly between 1995 and 2005. var. fernandina due to high-magnitude, (San Fernando Valley spineflower)— The largest threat to the species is from nonimminent threats. The following summary is based on nonnative invasive plants, the majority Chromolaena frustrata (Cape Sable information contained in our files and of which is smooth brome (Bromus thoroughwort)—The following summary the petition we received on December inermis). Despite a commitment by the is based on information contained in 14, 1999. Chorizanthe parryi var. Forest Service and the Service to control our files. No new information was fernandina is a low-growing herbaceous smooth brome until our efforts are provided in the petition we received on annual plant in the buckwheat family. successful or for the next 10 years, May 11, 2004. This species is found Germination occurs following the onset recent control efforts conducted in 2005 most commonly in open sun to partial of late-fall and winter rains and shade at the edges of rockland tropical and 2006 have not been successful in typically represents different cohorts reducing the smooth brome infestation. hammock and in coastal rock barrens. from the seed bank. Flowering occurs in There are nine extant occurrences Other threats to Castilleja christii from the spring, generally between April and recreational use appear to be mostly located at five islands in the Florida June. Chorizanthe parryi var. fernandina Keys and one small area in Everglades seasonal and affect only a small portion grows up to 30 centimeters in height of the population, although they too are National Park. The plant has been and 5 to 40 centimeters across. extirpated from half of the islands imminent. The magnitude of the threats The plant currently is known from is moderate at this time, primarily due where it occurred. Prior to Hurricane two disjunct localities: the first is in the Wilma in 2005, the population was to the lack of control over the smooth southeastern portion of Ventura County brome infestation. This threat from estimated at roughly 5,000 individuals, on a site formerly known as Ahmanson with all but 500 occurring on one smooth brome is imminent because the Ranch, and the second is in an area of threat still persists in levels that affect privately owned island. southwestern Los Angeles County This species is threatened by habitat the native plant community that known as Newhall Ranch. Investigations loss and modification, even on public provides habitat for C. christii. Thus, we of historical locations and seemingly lands, and habitat loss and degradation assign an LPN of 8 to this species. suitable habitat within the range of the due to threats from exotic plants at Chamaecrista lineata var. keyensis species have not revealed any other almost all sites. The species is (Big Pine partridge pea)—See above in occurrences. vulnerable to natural disturbances, such ‘‘Summary of Listing Priority Changes in The threats currently facing San as hurricanes, tropical storms, and Candidates.’’ The above summary is Fernando Valley spineflower include storm surges. While these factors may based on information in our files. No threatened destruction, modification, or also work to maintain coastal rock new information was provided in the curtailment of its habitat or range, and barren habitat in the long-term, petition we received on May 11, 2004. other natural or manmade factors. The Hurricane Wilma appears to have had New survey results were attained in threats to Chorizanthe parryi var. severe impacts, at least in the short- March 2006. fernandina from habitat destruction or term. Plants have not been located in Chamaesyce deltoidea pinetorum modification are less than they were Everglades National Park since (Pineland sandmat)—See above in four years ago. One of the two Hurricane Wilma and other occurrences ‘‘Summary of Listing Priority Changes in populations (Ahmanson Ranch) is in probably declined due to inundation of Candidates.’’ The above summary is permanent, public ownership and is its coastal barren and rockland based on information contained in our being managed by an agency that is hammock habitats. The long-term effects files. No new information was provided working to conserve the plant. The other of these impacts are unknown. Sea level in the petition we received on May 11, population (Newhall Ranch) is under rise is considered a major threat that 2004. threat of development; however, a will continue. Potential effects from Chamaesyce deltoidea ssp. serpyllum Candidate Conservation Agreement other changes in fresh water deliveries (Wedge spurge)—See above in (CCA) is being developed with the and the construction of the Buttonwood ‘‘Summary of Listing Priority Changes in landowner, and it is possible that the Canal are unknown. Problems Candidates.’’ The above summary is remaining plants can also be conserved. associated with small population size based on information in our files. No Until such an agreement is finalized, the and isolation are likely major factors, as new information was provided in the threat of development and the potential occurrences may not be large enough to petition we received on May 11, 2004. damage to the Newhall Ranch be viable; this narrowly endemic plant Chamaesyce eleanoriae (Akoko)—We population still exists, as shown by the has uncertain viability at most locations, have not updated our candidate destruction of some plants during especially following Hurricane Wilma. assessment, as we are currently installation of an agave farm. Thus, these factors constitute a high

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69083

magnitude of threat. Threats are provided in the petition we received on conservation measures underway in the imminent as they are ongoing. As a May 11, 2004. other 23 populations to alleviate these result, we assigned an LPN of 2 to this Cyanea asplenifolia (Haha)—The ongoing, or imminent, threats to C. species. following summary is based on calycina. These threats are of a high Consolea corallicola (Florida information contained in our files. No magnitude because they significantly semaphore cactus)—The following new information was provided in the affect the species throughout its limited summary is based on information in our petition we received on May 11, 2004. range resulting in direct mortality or files. No new information was provided Cyanea asplenifolia is a shrub found in reduced reproductive capacity. The in the petition we received on May 11, Acacia-Metrosideros (koa-ohia) forest on threats are imminent in all but five 2004. The Florida semaphore cactus is Maui, Hawaii. Currently, this species is populations. Therefore, we retained an endemic to the Florida Keys and was known from three populations totaling LPN of 2 for this species. discovered on Big Pine Key in 1919 but fewer than 187 individuals. Cyanea Cyanea eleeleensis (Haha)—We have has since been extirpated there as a asplenifolia is threatened by pigs, goats, not updated our candidate assessment result of road building and poaching. and cattle that degrade and destroy for this species, as we are currently This cactus grows close to salt water on habitat and by nonnative plants, such as developing a proposed listing rule. bare rock with a minimum of humus Australian tree fern, that outcompete Cyanea kuhihewa (Haha)—We have soil cover in or along the edges of and displace it. This species is likely not updated our candidate assessment hammocks near sea level. The species is threatened by habitat degradation for this species, as we are currently known to occur naturally only in two caused by axis deer and by feral developing a proposed listing rule. Cyanea kunthiana (Haha)—The areas, Little Torch Key and Biscayne ungulates, rats, and slugs that may following summary is based on National Park. Outplanting has resulted directly prey upon and defoliate information contained in our files. No in the reestablishment of a population individuals. Pig and goat exclusion new information was provided in the in Dagny Johnson Key Largo Hammock fences protect individuals of two of the petition we received on May 11, 2004. Botanical State Park in North Key Largo three known populations of this species and nonnative plants have been reduced Cyanea kunthiana is a shrub found in as well as in some of the lower keys. closed Metrosideros-Dicranopteris (ohia- Outplanting success has been low and in one fenced area; however, continued monitoring of these fences will be uluhe) montane wet forest on Maui, more research is needed to determine Hawaii. The historic range of C. the requirements of this cactus. Few necessary, as feral ungulates from surrounding areas can easily access kunthiana was wet forest on the island plants remain in the population at The unmaintained fenced areas. This species of Maui. Currently, C. kunthiana is Nature Conservancy’s Torchwood is represented in three ex-situ declining throughout its range and is Hammock Preserve on Little Torch Key. collections. The threats continue to be known from 15 populations with a Two sexual morphs (males and weak of a high magnitude because they combined total of slightly more than 200 hermaphrodites) comprise the significantly affect the species resulting individuals. This species is threatened population on Little Torch Key. The in direct mortality or reduced by pigs that directly prey upon the female sex morph is absent from the reproductive capacity. The threats are plants and degrade and destroy habitat, population and sexual reproduction at imminent because they are ongoing in at and by nonnative plants that this site is not possible without human least two of the three known outcompete and displace it. Potential intervention. Regeneration in this populations. Therefore, we retained an threats to this species include rats and population is restricted to clonal LPN of 2 for this species. slugs that may directly prey upon and propagation. At least 629 plants were Cyanea calycina (Haha)—The defoliate individuals. While large-scale discovered on a key in Biscayne following summary is based on fencing, ungulate removal, and invasive National Park in November of 2001. information contained in our files. No species control measures are underway During monitoring work conducted in new information was provided in the in areas in which five of the current 2005, a total of 655 plants were petition we received on May 11, 2004. populations exist, these efforts have not documented. Recent studies have found This species is an unbranched shrub served to completely remove these no genetic diversity within the two wild found in Acacia-Metrosideros- threats, and there are no efforts to populations. The results were consistent Dicranopteris (koa-ohia-uluhe) montane control the ongoing and imminent with previous reproductive biology mesic to wet forest and wet gulches and threats to the other 10 populations. studies that suggested that the cactus streambanks on Oahu, Hawaii. Cyanea Therefore, the threats continue to be of does not propagate sexually and that calycina is known from 28 populations a high magnitude to C. kunthiana. asexual reproduction is the main life totaling approximately 262 individuals. Because the threats continue to be of a history strategy of this species. The This species is threatened by pigs that high magnitude and are imminent for 10 causes for the population decline of this degrade and destroy habitat, and by of the 15 populations, we retained an species include destruction or nonnative plants that outcompete and LPN of 2 for this species. modification of habitat, predation from displace it. Potential threats to this Cyanea lanceolata (Haha)—The Cactoblastis cactorum moths and species include goats that degrade and following summary is based on disease, poaching and vandalism, sea destroy habitat, and rats and slugs that information contained in our files. No level rise, and hurricanes. Because of may directly prey upon and defoliate new information was provided in the low population numbers, lack of individuals. Ungulate fences provide petition we received on May 11, 2004. variation between and within protection to five populations of C. Cyanea lanceolata is a shrub found in populations, reproductive problems, calycina in the Waianae Mountains, but Acacia koa-Metrosideros polymorpha and numerous ongoing threats, we the fences must be continually (koa-ohia) lowland mesic forest on assigned this species an LPN of 2. maintained to prevent incursion. Oahu, Hawaii. This species is known Cordia rupicola (no common name)— Nonnative plants are currently being from six populations totaling fewer than See above in ‘‘Summary of Listing controlled within the fenced areas, and 100 individuals. Cyanea lanceolata is Priority Changes in Candidates.’’ The partial control measures are being threatened by pigs that eat plants and above summary is based on information implemented to address potential degrade and destroy habitat, and by from our files. No new information was threats from rats. There are no other nonnative plants that outcompete and

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69084 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

displace it. Likely threats to this species directly prey upon and defoliate petition we received on May 11, 2004. include rats and slugs that may directly individuals, and human trampling of Cyrtandra kaulantha is a shrub found in prey upon and defoliate individuals. individuals located near trails. Feral moist wooded gulches in dense shade This species is represented in an ex-situ pigs and cattle have been fenced out of on Oahu, Hawaii. This species is known collection. There are no conservation three populations of C. tritomantha and from four populations with a total of 29 measures underway to alleviate the nonnative plants have been reduced in individuals in subgulches in Waianu ongoing, or imminent, threats to C. the fenced areas. Although three Valley. Cyrtandra kaulantha is lanceolata. These threats are of a high populations of C. tritomantha have been threatened by pigs that degrade and magnitude because they are occurring fenced and weeds are being controlled destroy habitat, nonnative plants that throughout its limited range and they in these fenced areas, there are no outcompete and displace it, genetic significantly affect species resulting in efforts to control the ongoing and bottlenecks, random demographic direct mortality or reduced reproductive imminent threats to the other fluctuations, and stochastic capacity. The threats are ongoing, and, populations. The threats continue to be environmental events such as tree falls therefore, imminent, in all populations. of a high magnitude to C. tritomantha and hurricanes. Direct predation by Therefore, we retained an LPN of 2 for because they significantly affect the slugs is a potential threat, as well. None this species. species resulting in direct mortality or of the populations are protected by Cyanea obtusa (Haha)—The following reduced reproductive capacity. Because fences. Nonnative plants have been summary is based on information the threats continue to be of a high reduced in the four known populations. contained in our files. No new magnitude and are imminent for the There are no other conservation information was provided in the unmanaged populations, we retained an measures being taken to alleviate these petition we received on May 11, 2004. LPN of 2 for this species. ongoing and imminent threats to C. Cyanea obtusa is a shrub found in Cyrtandra filipes (Haiwale)—The kaulantha. These threats are of a high Metrosideros polymorpha (ohia) mixed following summary is based on magnitude because of their severity and mesic forest on Maui, Hawaii. This information contained in our files. No the fact that they are occurring species is known from three populations new information was provided in the throughout its limited range. Therefore, with a combined total of fewer than 44 petition we received on May 11, 2004. we retained an LPN of 2 for this species individuals, with 30 of these being Haiwale is a shrub found in lowland to because the threats continue to be of a possible hybrids. Cyanea obtusa is montane wet forest on Maui and high magnitude and are imminent in all threatened by feral goats, pigs, and Molokai, Hawaii. Historically rare, C. populations. cattle that degrade and destroy habitat, filipes was found in southeastern Cyrtandra oenobarba (Haiwale)—We and by nonnative plants that Molokai and west Maui. Currently, this have not updated our candidate outcompete and displace it. Potential species is known from nine populations, assessment for this species, as we are threats include fire, and rats and slugs three on Molokai and six on west Maui, currently developing a proposed listing that may directly prey upon and totaling approximately 2,000 rule. defoliate individuals of C. obtusa. Feral individuals. There is some question as Cyrtandra oxybapha (Haiwale)—The pigs have been fenced out of one of the to the true identity of the Maui following summary is based on three populations of this species. populations, which do not fit the information contained in our files. No Nonnative plant control is underway in description of the species precisely. If, new information was provided in the the fenced area. Although one of the upon further taxonomic study, the Maui petition we received on May 11, 2004. three populations of C. obtusa has been populations are determined not to be Cyrtandra oxybapha is a shrub found in fenced and is undergoing weed control, this species, then it is even more rare, Metrosideros polymorpha- there are no efforts to control the with only the Molokai population of a Cheirodendron trigynum (ohia-olapa) ongoing and imminent threats to the few individuals remaining. Cyrtandra montane wet forest to mesic Acacia- other two populations. The threats filipes is threatened by pigs, goats, and Metrosideros (koa-ohia) forest on Maui, continue to be of a high magnitude for deer that degrade and destroy habitat, Hawaii. Currently, this species is known C. obtusa because they significantly by nonnative plants that outcompete only from one population totaling 50 to affect the species resulting in direct and displace it, and potentially by rats 100 individuals in the Kahikinui area of mortality or reduced reproductive that directly prey on it. Feral pigs have east Maui and one additional capacity. Therefore, we retained an LPN been fenced out of one of the population of 20 to 30 individuals on of 2 for this species. populations of C. filipes, and strategic west Maui. This species is threatened by Cyanea tritomantha (Aku)—The fencing for axis deer is under pigs, goats, and cattle that degrade and following summary is based on construction on west Maui, but deer are destroy habitat, and by nonnative plants information contained in our files. No able to jump over most pig exclusion that outcompete and displace it. Fire is new information was provided in the fences so they are still considered a a likely threat at the Kahikinui petition we received on May 11, 2004. threat. Nonnative plants are being population. The individuals within the Cyanea tritomantha is a palm-like tree reduced in the population that is fenced fence at Kahikinui benefit from found in Metrosideros-Cibotium but all populations are potentially management actions; however, the montane wet forest on the island of threatened by rats. The threats from pigs remaining individuals there and on west Hawaii, Hawaii. This species is known and nonnative plants are of a high Maui are threatened by pigs, goats, from five populations with a total of magnitude because of their severity and cattle, and likely threatened by fire. The approximately 135 wild and 373 the fact that they occur in eight of the threats are of a high magnitude because outplanted individuals in Olaa, Kau, nine known populations. In addition, of their severity and are imminent since and Laupahoehoe on the island of these threats are imminent because they they are ongoing. Therefore, we retained Hawaii. Cyanea tritomantha is are ongoing. Therefore, we retained an an LPN of 2 for C. oxybapha. threatened by pigs and cattle that LPN of 2 for this species. Cyrtandra sessilis (Haiwale)—The degrade and destroy habitat, and Cyrtandra kaulantha (Haiwale)—The following summary is based on nonnative plants that outcompete and following summary is based on information contained in our files. No displace it. Potential threats to this information contained in our files. No new information was provided in the species include rats and slugs that may new information was provided in the petition we received on May 11, 2004.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69085

Cyrtandra sessilis is a shrub found in Assawoman Pond, Delaware site. Based Dubautia imbricata ssp. imbricata wet gulch bottoms and slopes of mesic on threats of a high magnitude but low (Naenae)—We have not updated our valleys and wet forests on Oahu, imminence, we retained an LPN of 5 for candidate assessment for this species, as Hawaii. This species is known from two this species. we are currently developing a proposed populations totaling approximately 80 Digitaria pauciflora (Florida pineland listing rule. individuals in Waikane and Hawaii Loa crabgrass)—The following summary is Dubautia plantaginea ssp. magnifolia in the Koolau Mountains. Cyrtrandra based on information in our files. No (Naenae)—We have not updated our sessilis is threatened by pigs that new information was provided in the candidate assessment for this species, as degrade and/or destroy habitat, by petition we received on May 11, 2004. we are currently developing a proposed nonnative plants that outcompete and Digitaria pauciflora occurs in the listing rule. displace it, and by reduced reproductive pineland/prairie ecotones and prairies Dubautia waialealae (Naenae)—We have not updated our candidate vigor. Flooding and landslides are likely in Miami-Dade and Monroe Counties, assessment for this species, as we are threats to one population. No on-the- Florida. Pine rocklands in Miami-Dade currently developing a proposed listing ground conservation efforts have been County have largely been destroyed by initiated, but this species is represented rule. residential, commercial, and urban Echinomastus erectocentrus var. in an ex-situ collection. Pigs and development and agriculture. Most nonnative plants are found throughout acunensis (Acuna cactus)—See above in remaining habitat has been negatively ‘‘Summary of Listing Priority Changes in the mesic and wet forest habitat in altered, and this species has been which C. sessilis occurs, making these Candidates.’’ The above summary is extirpated from much of its historical based on information contained in our threats ongoing and imminent. These range. Two large occurrences remain threats are of high magnitude because of files and the petition we received on within Everglades National Park and Big October 30, 2002. their severity and because they are Cypress National Preserve. While occurring throughout its limited range. Erigeron lemmonii (Lemmon privately owned pine rocklands and fleabane)—The following summary is We retained an LPN of 2 for this species. prairies are at risk to development, the Dalea carthagenensis floridana based on information contained in our plants on Federal lands are protected (Florida prairie-clover)—See above in files and the petition we received in July from this threat. This grass is threatened ‘‘Summary of Listing Priority Changes in 1975. The species is known from one by habitat loss and habitat degradation Candidates.’’ The above summary is site in a canyon in the Fort Huachuca due to fire suppression, the difficulty of based on information contained in our Military Reservation of southeastern files. No new information was provided applying prescribed fire to pine Arizona. As of 2006, approximately 950 in the petition we received on May 11, rocklands, and exotic plants. Since the plants were known from this site. The 2004. only remaining populations are on lands population had not been inventoried Dichanthelium hirstii (Hirsts’ panic managed by the National Park Service, since the 1990s, but a complete grass)—The following summary is based the threats of fire suppression and assessment was completed in 2006; on information from our files. No new exotics are somewhat reduced. The approximately 500 more plants were information was provided in the nearby presence of the exotic Old World located and occupied habitat petition we received on May 11, 2004. climbing fern is of particular concern encompasses about 1 square kilometer. D. hirstii is a perennial grass that due to its ability to rapidly spread. In The threats to this species are from produces erect leafy flowering stems Big Cypress National Preserve, plants catastrophic wildfire in the canyon and from May to October. D. hirstii occurs in are currently threatened by off-road on-going drought conditions. We do not coastal plain intermittent ponds, usually vehicle use. Hydrology has been altered know if this species has any adaptations in wet savanna or pine barren habitats within Long Pine Key due to artificial to fire. Due to its location on cliffs, we and is found at only two sites in New drainage, which lowered ground water, suspect that fires that may have Jersey, one site in Delaware, and one and construction of roads, which either occurred at more regular intervals and site in North Carolina. While all four impounded or diverted water. Regional burned at low intensities may have had extant D. hirstii populations are located water management intended to restore little to no effect on this species. It may on public land or privately owned the Everglades has the potential to have be that the fire intensity and associated conservation lands, natural threats to a negative effect on the pinelands of heat is only high enough to damage or the species from encroaching vegetation Long Pine Key, where a large population kill plants on adjacent cliffs, especially and fluctuations in climatic conditions occurs. At this time, it is not known near the ground, when an extended remain of concern and may be whether Everglades restoration will absence results in an accumulated fuel exacerbated by anthropomorphic factors have a positive or negative effect. This load. Even with an accumulated fuel occurring adjacent to the wetland narrow endemic may be vulnerable to load, the plants that are much higher on habitat of the species. Given the low catastrophic events and natural the cliff face probably would not be numbers of plants found at each site, disturbances, such as hurricanes. Sea affected. Ft. Huachuca Military even minor changes in the habitat of the level rise will likely be a factor over the Reservation has indicated a willingness species could result in local extirpation. long-term. Overall, the magnitude of to develop a conservation agreement for Loss of any known sites could result in threats is considered to be high because this species. The magnitude of threats is a serious protraction of the species’ this species has been extirpated from all moderate, because we believe that not range. However, the most immediate pine rocklands in Miami-Dade County all of the population would be adversely and severe of the threats to this species outside of Everglades National Park. affected by a wildfire or drought. The (i.e., ditching of the Laboundsky Pond However, the more significant threats threats are imminent because the site, and encroachment of aggressive are not currently occurring (Old World likelihood of a fire is high due to the vegetative competitors) have been climbing fern is not yet in the area ongoing drought. We retained an LPN of curtailed or are being actively managed where the species is found and the 8 for this species due to moderate, by The Nature Conservancy at one New effects of Everglades restoration are imminent threats. Jersey site and by the Delaware Division unknown at this time), and are, thus, Eriogonum codium (Umtanum Desert of Fish and Wildlife and Delaware nonimminent. Therefore, we assigned buckwheat)—The following summary is Natural Heritage Program at the an LPN 5 for this species. based on information from our files. No

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69086 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

new information was provided in the of Mendocino County, California, where because they are not controlled and are petition we received on May 11, 2004. it occupies 50 acres and 900 square feet, ongoing in the remaining, unfenced This species is a long-lived, slow- respectively. Occupied habitat at Red populations. The threats are of a high growing, woody perennial plant that Mountain is scattered over 4 square magnitude because they could adversely forms low dense mats. The known range miles. Total population size is estimated affect F. hawaiiensis resulting in direct of the species is a single location along at between 20,000 and 30,000 plants, mortality or reduced reproductive a ridge on federally owned land in the which occur in 44 polygons. Intensive capacity. Therefore, we retained an LPN Hanford National Monument in monitoring of permanent plots on three of 2 for this species. Washington State. Although it is found study sites in Red Mountain suggests Festuca ligulata (Guadalupe fescue)— exclusively on exposed basalt from the considerable annual variation in plant The following summary is based on Lolo Flow of the Wanapum Basalt density and reproduction, but no information from our files and in the Formation, it is unknown if the close discernable population trend was petition we received in 1975. Guadalupe association is related to the chemical evident in two of three study sites. One fescue is a member of the Poaceae (Grass composition or physical characteristics study site showed a 65 percent decline family). This species is currently only of the bedrock or other factors. in plant density over 11 years. known from higher elevations in the Individual plants may exceed 100 years The primary threat to this species is Chisos Mountains in the Big Bend Area of age, based on counts of annual the potential for surface mining for of Texas (one population) and adjacent growth rings of dead plants. After its chromium and nickel. Virtually the Coahuila, Mexico (two populations). discovery in 1995, the population was entire distribution of Red Mountain The population in Big Bend National counted in 1997. This count reported buckwheat is either owned by mining Park is bisected by a trail and subject to 5,228 living individuals, and by 2005 interests, or is covered by existing occasional trampling by horses and the figure had dropped to 4,418, mining claims, that are not currently hikers. The magnitude of threats for representing a 15 percent decline in the active. Surface mining would destroy Guadalupe fescue is moderate to low population over eight years. A draft habitat suitability for this species. The because of population monitoring and population viability analysis based on 9 species is also believed threatened by trail operation by the National Park years of demographic data was recently tree and shrub encroachment into its Service. Based on monitoring results, completed. This study determined that habitat, in absence of fire. The species threats to the U.S. population are that there is little or no risk of a distribution by ownership is described nonimminent because of conservation population decline greater than 90 as follows: Federal (Bureau of Land actions at Big Bend National Park to percent within the next 100 years, but Management)—69 percent (this portion address threats to the species. Thus, we there is a 72 percent chance of a decline of the distribution was recently assign an LPN of 11 to this species. of 50 percent over the next century. included in the South Fork Eel River Gardenia remyi (Nanu)—The The major threats to the species are Wilderness Area, managed by BLM); following summary is based on wildfire, fire-fighting activities, State of California—1 percent; and information contained in our files. No trampling, and invasive weeds. private—30 percent. Given the new information was provided in the However, the relationship between the magnitude (high) and immediacy petition we received on May 11, 2004. current decline in population numbers (nonimminent) of the threat to the Nanu is a tree found in mesic to wet and the known threats is not clearly small, scattered populations, and its forest on islands of Kauai, Molokai, understood at this time. With the taxonomy (species), we assigned an LPN Maui, and Hawaii, Hawaii. Gardenia possible exception of wildfire, the of 5 to this species. remyi is known from 19 populations observed decline in population numbers Festuca hawaiiensis (no common totaling between 77 and 104 individuals and recruitment since 1997 is not name)—The following summary is throughout its range. This species is directly attributable to the currently based on information contained in our threatened by pigs, goats, and deer that known threats. Because the population files. No new information was provided degrade and destroy habitat and is small, limited to a single site, and in the petition we received on May 11, possibly prey upon the species, and by sensitive to fire and disturbance, the 2004. This species is a cespitose nonnative plants that outcompete and species remains vulnerable to the (growing in dense, low tufts) annual displace it. It is also threatened by identified threats. The magnitude of found in dry forest on the island of landslides on the island of Hawaii. This threats is high, because, given the Hawaii, Hawaii. Festuca hawaiiensis is species is represented in an ex situ limited range of the species and the known from four populations totaling collection. Feral pigs have been fenced degree of uncertainty about its habitat approximately 1,000 individuals in and out of the west Maui populations of G. and the cause of its declines, any of the around the Pohakuloa Training Area on remyi, and nonnative plants have been threats could adversely affect its the island of Hawaii. Historically, this reduced in those areas. However, these continued existence. The threats are species was also found on Hualalai and threats are not controlled and are both ongoing and imminent in nature. Puu Huluhulu on Hawaii and possibly ongoing in the remaining, unfenced Because the species continues to be Ulupalakua on Maui, but it no longer populations, and are, therefore, vulnerable to these threats, we assigned occurs at these sites. Festuca imminent. In addition, the threat from an LPN of 2 to this species. hawaiiensis is threatened by pigs, goats, goats and deer is ongoing and imminent, Eriogonum kelloggii (Red Mountain mouflon, and sheep that degrade and because no goat or deer control buckwheat)—The following summary is destroy habitat; fire; military training measures have been undertaken for any based on information contained in our activities; and nonnative plants that of the populations of G. remyi. All of the files. No new information was provided outcompete and displace it. Feral pigs, threats are of a high magnitude because in the petition we received on May 11, goats, mouflon, and sheep have been they are significant enough that they 2004. Red Mountain buckwheat is a fenced out of a portion of the could adversely affect the species perennial herb endemic to serpentine populations of F. hawaiiensis, and resulting in direct mortality or reduced habitat of lower montane forests found nonnative plants have been reduced in reproductive capacity. Therefore, we between 1,900 and 4,100 feet. Its the fenced areas. Firebreaks have been retained an LPN of 2 for this species. distribution is limited to the Red established at two populations. Geranium hanaense (Nohoanu)—See Mountain and Little Red Mountain areas However, these threats are imminent above in ‘‘Summary of Listing Priority

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69087

Changes in Candidates.’’ The above towers, forest management practices) assigned this species a listing priority of summary is based on information threats to its habitat and population, 5. contained in our files. No new thus making the threat magnitude high. Hedyotis fluviatilis (Kamapuaa)—The information was provided in the The Puerto Rico Department of Natural following summary is based on petition we received on May 11, 2004. and Environmental Resources information contained in our files. No Geranium hillebrandii (Nohoanu)— developed a management plan for the new information was provided in the The following summary is based on Carite Commonwealth Forest in 1976. petition we received on May 11, 2004. information contained in our files. No This management plan includes the Kamapuaa is a scandent shrub found in new information was provided in the protection and conservation of species mixed shrubland to wet lowland forest petition we received on May 11, 2004. classified under PRDNER regulations as on Oahu and Kauai, Hawaii. This Geranium hillebrandii is a decumbent critical, threatened, or endangered. species is known from 12 populations subshrub found in bogs on Maui, Actions that may impact such species totaling 800 to 1,200 individuals Hawaii. Previously known from two are generally scrutinized, and measures throughout its range. Hedyotis fluviatilis populations totaling approximately is threatened by pigs and goats that to minimize or avoid impacts to these 1,000 to 2,000 individuals, it is degrade and destroy habitat, and by species are recommended and currently known, as a result of more nonnative plants that outcompete and implemented, if deemed appropriate. thorough surveys, from three displace it. All of the threats occur populations totaling 10,000 individuals. Thus, the immediacy of the threats is range-wide and no efforts for their Geranium hillebrandii is moderately nonimminent. Therefore, we have control or eradication are being threatened by pigs that degrade and assigned an LPN of 5 for the Gonocalyx undertaken. We retained an LPN of 2 destroy habitat, and by nonnative plants concolor. because the severity of the threats is that outcompete and displace it. Hazardia orcuttii (Orcutt’s high and are ongoing so are imminent. Conservation measures taken to control hazardia)—The following summary is Helianthus verticillatus (Whorled feral pigs and nonnative plants reduce based on information contained in our sunflower)—See above in ‘‘Summary of the impact of these threats to G. files and the petition we received on Listing Priority Changes in Candidates.’’ hillebrandii; however, continued March 8, 2001. Hazardia orcuttii is an The above summary is based on monitoring will be necessary to keep the evergreen shrubby species in the information contained in our files. No areas threat-free. The threats from feral Asteraceae (sunflower family). The erect new information was provided in the pigs and nonnative plants are, therefore, shrubs are 50–100 centimeters (20–40 petition we received on May 11, 2004. of a moderate magnitude to this species; inches) high. The only known extant Hibiscus dasycalyx (Neches River however, these threats are imminent native occurrence of this species in the rose-mallow)—The following summary because they are ongoing in half of the U.S., is in the Manchester Conservation is based on information from our files. populations. Therefore, we retained an Area in northwestern San Diego County, No new information was provided in LPN of 8 for this species. California. This site is managed by the petition received on May 11, 2004. Geranium kauaiense (Nohoanu)—We Center for Natural Lands Management. Neches River rose-mallow is a perennial have not updated our candidate Hazardia orcuttii also occurs at a few woody herb growing 1–2 meters tall with one or more stems per clump and assessment for this species, as we are coastal sites in Mexico, where it has no white flowers 7.5–15 centimeters wide, currently developing a proposed listing conservation standing in Mexico. The consisting of five 5–10 centimeter-long rule. occurrences in Mexico are threatened by Gonocalyx concolor (no common white petals with deep red or purple at the rapid rate of coastal development name)—The following summary is the base. The Neches River rose-mallow from Tijuana to Ensenada. There are based on information from our files. No appears to be restricted to wetlands, or new information was provided in the approximately 600 native plants those portions of wetlands that are petition we received on May 11, 2004. remaining in the U.S. and the exposed to open sun and normally hold Gonocalyx concolor is a small evergreen population in Mexico is estimated at standing water early in the growing epiphytic shrub. Currently, G. concolor approximately 1,300 plants. Apparent season, with water levels dropping is known only from the dwarf or elfin threats to the U.S. population include during late summer and fall. This forest type in the Carite Commonwealth pedestrian trampling, on- and off-leash species appears to have community Forest (Cerro La Santa), located in the dogs, and creation of bicycle trails near dominance within the narrow band Sierra de Cayey in the municipalities of Hazardia orcuttii plants. Competition between high and low water levels in Guayama, Cayey, Caguas, San Lorenzo, from invasive nonnative plants may wetlands exposed to open sun. and Patillas in southeastern Puerto Rico. pose a threat to the reproductive However, historical habitat has been The population previously reported in potential of this species. Another affected by drainage or filling of the Caribbean National Forest is significant threat is the apparently low floodplain depressions and oxbows, apparently no longer extant. The limited reproductive output of the species. This stream channelization, road distribution (i.e., the entire population stems from a recent study that found construction, timber harvesting, located at one site) and low population that 95 percent of the flowers examined agricultural activities (primarily numbers (approximately 172 were damaged by insects or fungal mowing and grazing), and herbicide use. individuals) of G. concolor, habitat agents or aborted prematurely, and that Threats that continue to potentially destruction from construction of roads insects or fungal agents damaged 50 affect the species include wetland and telecommunication towers, certain percent of the seeds produced. The alteration, herbicide use, grazing, forest management practices such as the threats are of a high magnitude because mowing during the species’ growing and development and maintenance of trails, they are significant enough that they flowering period, and genetic swamping and potential for catastrophic natural could adversely affect the continued by other Hibiscus species. events threaten this species. Gonocalyx existence of the species. Overall, the A 1995 status survey of 10 counties concolor has a restricted distribution threats are nonimminent since the resulted in confirmation or discovery of that renders this species vulnerable to species occurs in a protected area where the species in only three sites, but in natural (e.g., hurricanes, landslides) or some of the threats are not occurring three separate counties and three manmade (e.g., telecommunication since they are managed. Therefore, we different watersheds, suggesting a

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69088 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

relatively wide historical range. These populations of this species in the is estimated at approximately 4.8 three populations—Ponta site in immediate future. Thus, we have million individuals at 15 known sites. Cherokee County, Lovelady in Houston retained an LPN of 5 for the Neches The Nevada sites support nearly 98 County, and Highway 94 in Trinity River rose-mallow. percent of the total number of County—were all within highway Indigofera mucronata keyensis individuals (4.7 million) on about 30 rights-of-way and somewhat protected (Florida indigo)—The following acres of occupied habitat. The California by a management agreement between summary is based on information sites are larger in area, totaling about Texas Parks and Wildlife Department contained in our files. No new 156 acres, but support fewer individuals and Texas Department of information was provided in the (approximately 115,000). Transportation. Because these sites were petition we received on May 11, 2004. The primary threats to Webber ivesia still vulnerable to herbicides and Florida indigo occurs in coastal rock include urban development, authorized adjacent agricultural activities, they barrens, ecotone rock barren areas, and and unauthorized roads, off-road supported relatively low population scraped areas mimicking rock barren vehicle activities and other dispersed numbers: In 2005, Ponta (Highway 204) habitat. Based upon available data, there recreation, livestock grazing and had declined to 0 plants; Lovelady are 12 occurrences of Florida indigo on trampling, fire and fire suppression (Highway 230), to 0 plants; and eight islands in the upper and middle activities including fuels reduction and Highway 94, to 20 plants. Continued Florida Keys, in Monroe County; half of prescribed fires, and displacement by surveys for H. dasycalyx have resulted the original occurrences in the Keys are noxious weeds. Despite the high in new populations. About 300 plants now extirpated, as are historic numbers of individuals, observations in were found on land owned by the occurrences on mainland Florida in 2002 and 2004 confirmed that direct Temple-Inland Corporation in east Collier and Miami-Dade Counties. Most and indirect impacts to the species and Trinity County. A Candidate occurrences are small; total population its habitat, specifically from urban Conservation Agreement was developed size is probably close to 3,000 development and off-highway vehicle for this site, but smaller plant numbers individuals. One of the largest activity remain high and are likely to have been seen in recent years, possibly occurrences (500 individuals) is on increase. The threats are therefore of a due to changes in the wetland’s private lands. Florida indigo is high magnitude. However, the U.S. hydrology. Another site discovered on threatened by habitat loss, even on Forest Service has committed to develop land previously owned by Champion public lands, as well as habitat loss and a conservation strategy and monitoring International Corporation (near White degradation from exotic plants on all program to protect this species on Rock Creek in west Trinity County) once sites. Shading by hardwoods is a National Forest lands, and the State of supported 300–400 plants. However, the problem at approximately half of the Nevada has listed the species as status of this population is currently sites. Planned restoration activities, critically endangered, which provides a unknown due to a change in ownership. illegal dumping, and trespass have also mechanism to track future impacts on In west Houston County, a population been identified as threats. Florida indigo private lands. In addition, both the of 300 to 400 plants discovered on is vulnerable to natural disturbances, Forest Service and State of Nevada have private land has been purchased by the such as hurricanes, tropical storms, and agreed to coordinate closely on all Natural Area Preservation Association, a storm surges; however, these factors activities that may affect this species. land trust organization, in order to may also work to maintain coastal rock For these reasons, we determined that protect this land in perpetuity. In east barren habitat in the long-term. Sea the threats to Webber ivesia are Houston County, a population level rise is considered a long-term nonimminent and we maintained an discovered in Compartment 55 in Davy threat that will continue. Overall, the LPN of 5 for this species. Crockett National Forest numbered over threats are moderate in magnitude Joinvillea ascendens ssp. ascendens 1,000 in 2006. Davy Crockett National because most populations occur on (Ohe)—The following summary is based Forest represents the only public land public land where there is some work on information contained in our files. within the range of H. dasycalyx. In being done to manage for this species. No new information was provided in 2000, nearly 800 plants were introduced The threats are ongoing, and therefore, the petition we received on May 11, into Compartments 16 and 20 of Davy imminent. Thus, we assigned an LPN of 2004. Ohe is an erect herb found in wet Crockett National Forest as part of a 9 to this plant variety. to mesic Metrosideros polymorpha- reintroduction effort. One population Ivesia webberi (Webber ivesia)—The Acacia koa (ohia-koa) forest on the has retained high numbers (350 in following summary is based on islands of Kauai, Oahu, Molokai, Maui, 2006), but the second was affected by a information contained in our files. No and Hawaii, Hawaii. Joinvillea change in hydrology and has declined to new information was provided in the ascendens ssp. ascendens is known 50 plants in 2006. In 2004, 200 plants petition we received on May 11, 2004. from 37 populations totaling were placed in a wetland in Ivesia webberi is a low, spreading, approximately 200 individuals Compartment 11 of Davy Crockett perennial herb that occurs very throughout its range. Plants are typically National Forest. This attempt has not infrequently in Lassen, Plumas, and found as only one or two individuals, been successful; only 10 plants were Sierra Counties, California, and in with miles between populations. This seen in 2006 and all showed evidence Douglas and Washoe Counties, Nevada. subspecies is threatened by pigs, goats, of wilt and insect predation. Four The species is restricted to sites with and deer that degrade and destroy unconfirmed reports of the Neches River sparse vegetation and shallow, rocky habitat, and by nonnative plants that rose-mallow in Davy Crockett National soils composed of volcanic ash or outcompete and displace native plants. Forest will be investigated in 2008. derived from andesitic rock. Occupied Predation by pigs, goats, deer, and rats The threats to the species continue to sites generally occur on mid-elevation is a likely threat to this species. be of a high magnitude because they can flats, benches, or terraces on mountain Seedlings have rarely been observed in severely affect the survival and slopes above large valleys along the the wild. Seeds germinate in cultivation, reproductive capacity of the species. transition zone between the eastern edge but most die soon thereafter. It is Overall the threats are nonimminent of the northern Sierra Nevada and the uncertain if this rarity of reproduction is since they are not currently affecting or northwestern edge of the Great Basin typical of this subspecies, or if it is likely to affect the majority of the Desert. Currently, the global population related to habitat disturbance. Feral pigs

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69089

have been fenced out of a few of the new information was provided in the supported 1000 plants within 9 square populations of J. ascendens ssp. petition we received on May 11, 2004. meters in 2007. The Tiger Creek site in ascendens, and nonnative plants have This species of gladecress is a San Augustine County (less than 0.1 ha been reduced in a few populations that component of glade flora, occurring in in size) was found to have about 200 are fenced. However, these threats are association with limestone gladecress in 2007. The Kardell site (less not controlled and are ongoing in the outcroppings. Leavenworthia crassa is than 9 square meters) has supported remaining, unfenced populations. The endemic to a 13-mile radius area in 400–500 plants in past years, but none threats to this species are of high north central Alabama in Lawrence and in 2005. An introduced population in magnitude because habitat degradation, Morgan Counties, Alabama, where only Nacogdoches County numbered about nonnative plants and predation could six populations of this species are 1000 within an area of about 18 square affect the ability of the species to documented. Glade habitats today have meters in 2007. survive. The threats are on-going, and been reduced to remnants fragmented Historic gladecress habitat has been thus are imminent. Therefore, we by agriculture and development. affected by highway construction, retained an LPN of 3 for this subspecies. Populations of this species are now residential development, conversion to Keysseria erici (no common name)— located in glade-like areas exhibiting pasture and cropland, widespread use of We have not updated our candidate various degrees of disturbance including herbicide, overgrazing, and glauconite assessment for this species, as we are pastureland, roadside rights-of-way, and mining. However, the primary threat to currently developing a proposed listing cultivated or plowed fields. The most existing gladecress populations is the rule. vigorous populations of this species are invasion of nonnative and weedy shrubs Keysseria helenae (no common located in areas which receive full, or and vines (primarily Macartney rose name)—We have not updated our near full, sunlight with limited (Rosa bracteata) and Japanese candidate assessment for this species, as herbaceous competition. The magnitude honeysuckle (Lonicera japonica)). All we are currently developing a proposed of threat is high for this species, because known sites are undergoing severe listing rule. with the limited number of populations, degradation by the incursion of Korthalsella degeneri (Hulumoa)— the threats could result in direct nonnative shrubs and vines, which The following summary is based on mortality or reduced reproductive restrict both growth and reproduction of information contained in our files. No capacity of the species. The immediacy the gladecress. Brushclearing carried out new information was provided in the of threat is nonimminent since there are in 1995 resulted in the reappearance of petition we received on May 11, 2004. no known projects planned that would gladecress after a 10-year absence at one Hulumoa is a parasitic subshrub found destroy any sites and the species is able site. However, nonnative shrubs have on two species of native trees, Sapindus to withstand some disturbance. Thus, again invaded this area. More effective oahuensis and Nestegis sandwicensis, we assigned an LPN of 5 to this species. control measures, such as burning and only in diverse mesic forests on Oahu, Leavenworthia texana (Texas golden selective herbicide use, need to be Hawaii. Recent surveys indicate that the gladecress)—The following summary is tested and monitored. The small species is known only from one based on information from our files. No number of known sites also makes the population of 900 to 1,000 individuals new information was provided in the gladecress vulnerable to extreme natural in Makua Valley. Korthalsella degeneri petition we received on May 11, 2004. disturbance events. A severe drought in is threatened by pigs and goats that The Texas golden gladecress is a small 1999 and 2000 had a pronounced degrade and destroy habitat, fire, and annual member of the mustard family, adverse effect on gladecress nonnative plants that outcompete and with deep, yellow petals only 7–10 mm reproduction. Since the threat from displace native plants. Goats and pigs long; flowering is February through nonnative plants severely affects all may prey upon the plant species K. March. The gladecress occurs only on known sites, the magnitude is high. The degeneri is dependent on. Goats and the Weches outcrops of east Texas in threats are imminent since they are pigs have been partially fenced out of San Augustine and Sabine counties. The ongoing. Therefore, we retain an LPN of the area in Makua Valley where K. Weches geologic formation consists of a 2 for the Texas golden gladecress. degeneri currently occurs, but some layer of calcareous sediment, lying Lesquerella globosa (Desvaux) Watson goats are still present. Fires resulting above a layer of glauconite clay (Short’s bladderpod)—The following from military activities have been deposited up to 50 million years ago. summary is based on information minimized but not completely Erosion of this complex has produced contained in our files. No new eliminated. Threats continue to be of a topography of steep, flat-topped hills information was provided in the high magnitude and imminent, because and escarpments, as well as the unique petition we received on May 11, 2004. they are ongoing and because of the ecology of Weches glades: islands of Short’s bladderpod is a perennial potential for the elimination of the only thin, loamy, seepy, alkaline soils that member of the mustard family that known population by a single fire event. support open-sun, herbaceous, and occurs in Indiana (1 location), Kentucky Therefore, we retained an LPN of 2 for highly diverse and specialized plant (6 locations), and Tennessee (18 this species. communities. locations). It grows on steep, rocky, Labordia helleri (Kamakahala)—We The gladecress was historically wooded slopes, talus areas, along cliff have not updated our candidate recorded at eight sites, all in a narrow tops and bases, and on cliff ledges. It is assessment for this species, as we are region along north San Augustine and usually associated with south to west currently developing a proposed listing Sabine counties, following the Weches facing calcareous outcrops adjacent to rule. formation. All sites are on private land. rivers or streams. Road construction and Labordia pumila (Kamakahala)—We Two historic locations have been lost to road maintenance have played a have not updated our candidate glauconite mining. A nearby glauconite significant role in the decline of assessment for this species, as we are mine has probably altered the water Lesquerella globosa. Specific activities currently developing a proposed listing regime at another historic site. Two sites that have affected the species in the past rule. are currently closed to visitors, so and potentially threaten it now, include Leavenworthia crassa (Gladecress)— biologists could not evaluate the bank stabilization, herbicide use, The following information is based on number of plants they could support. mowing during the growing season, information contained in our files. No However, the Sabine County site grading of road shoulders, and road

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69090 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

widening or repaving. Sediment are imminent. Therefore, we assigned an benefit from fencing that the U.S. Army deposition during road maintenance or LPN of 2 to this species. has constructed. The threats to M. from other activities also potentially Linum carteri var. carteri (Carter’s christophersenii from feral pigs, threatens the species. Interruption of small-flowered flax)—The following nonnative plants, and the black twig natural processes that maintained summary is based on information in our borer are imminent and of a high habitat suitability and competition from files. No new information was provided magnitude because they represent invasive nonnative vegetation in the petition we received on May 11, severe threats to the species throughout necessitates active habitat management 2004. This plant occupies open sites in its limited range and they are ongoing; at many locations. Given the number of pinelands of Miami-Dade County, therefore, we retained an LPN of 2 for threats that could adversely affect the Florida. Occurrences with fewer than this species. ability of this species to survive, the 100 individuals are located on three Melicope degeneri (Alani)—We have magnitude of threat is high. Based upon county-owned preserves. An occurrence not updated our candidate assessment, the number of populations and the with more than 100 plants is on a non- as we are currently developing a conservation site owned by the U.S. proposed listing rule for this species. anticipation that most of these threats government. The 10 existing Melicope hiiakae (Alani)—We have will not be realized in the next 1–2 occurrences are small and vulnerable to not updated our candidate assessment, years, the threats are nonimminent. We habitat loss, which is exacerbated by as we are currently developing a have therefore assigned an LPN of 5 to habitat degradation due to fire proposed listing rule for this species. this species. suppression, the difficulty of applying Melicope makahae (Alani)—The Linum arenicola (Sand flax)—The prescribed fire to pine rocklands, and following summary is based on following summary is based on threats from exotic plants. Remaining information contained in our files. No information in our files. No new habitats are fragmented. Non-compatible new information was provided in the information was provided in the management practices are also a threat petition we received on May 11, 2004. petition we received on May 11, 2004. at most protected sites; several sites are Melicope makahae is a shrub or shrubby Based upon available data, there are 10 mowed during the flowering and tree found in mesic forest in the extant occurrences of sand flax; 11 fruiting season. The species is Waianae Mountains on Oahu, Hawaii. others are extirpated or destroyed. Only vulnerable to natural disturbances, such Currently M. makahae is known from small and isolated occurrences remain as hurricanes, tropical storms, and two populations on two discrete ridges, in a restricted range of southern Florida storm surges. This species exists in such totaling approximately 200 individuals. and the Florida Keys. Habitat loss and small numbers at so few sites, that it This species is threatened by goats and degradation due to development is a may be difficult to develop viable pigs that degrade and destroy habitat, major threat—most of the remaining occurrences on the available and likely prey upon the plants, and occurrences are on private land or non- conservation lands. Although no nonnative plants that compete for light conservation public land. However, population viability analysis has been and nutrients. The black twig borer is a much of the pine rocklands on Big Pine conducted for this plant, indications are likely threat to M. makahae, because it Key are protected. Nearly all remaining that existing occurrences are at best is known to infest other species of Melicope on Oahu and it occurs populations are threatened by fire marginal and none are truly viable. As throughout the Waianae Mountains. suppression, difficulty in applying a result, the magnitude of threats is Portions of both populations are within prescribed fire, road maintenance high. Because no viable populations of fenced and managed areas; however, the activities, exotic species, or illegal this plant exist, threats are imminent, so threats to M. makahae from goats, pigs, dumping. However, some efforts are we assigned an LPN of 3 to this plant nonnative plants, and the black twig underway to use prescribed fire and variety. Lysimachia daphnoides (Lehua borer are of a high magnitude because control exotics on conservation lands. makanoe)—We have not updated our they pose a severe threat to all Sand flax is vulnerable to natural candidate assessment for this species, as unmanaged individuals range-wide. The disturbances, such as hurricanes, we are currently developing a proposed threats are imminent, since they are tropical storms, and storm surges; listing rule. ongoing. Therefore, we retained an LPN Hurricane Wilma inundated most of its Melicope christophersenii (Alani)— of 2 for this species. habitat on Big Pine Key in 2005, and The following summary is based on Melicope paniculata (Alani)—We plants were not found 8–9 weeks post- information contained in our files. No have not updated our candidate storm. We also consider sea level rise to new information was provided in the assessment for this species, as we are be a substantial threat that will reduce petition we received on May 11, 2004. currently developing a proposed listing the extent of upland habitats. Due to the Melicope christophersenii is a long-lived rule. small and fragmented nature of the perennial shrub or tree found in Melicope puberula (Alani)—We have current population, stochastic events, Metrosideros tremuloides montane wet not updated our candidate assessment disease, or genetic bottlenecks may forest in the Waianae Mountains on for this species, as we are currently strongly affect this species. Reduced Oahu, Hawaii. Currently, this species is developing a proposed listing rule. pollinator activity and suppression of known from one wide-spread area Myrsine fosbergii (Kolea)—The pollinator populations from pesticides totaling approximately 300 individuals. following summary is based on used in mosquito control and decreased Melicope christophersenii is threatened information contained in our files. No seed production due to increased seed by feral pigs that may eat it and degrade new information was provided in the predation in a fragmented wildland- and destroy habitat, and nonnative petition we received on May 11, 2004. urban interface may also affect sand plants that compete for light and Myrsine fosbergii is a branched shrub or flax; however, not enough information nutrients. The black twig borer may small tree found in cloud swept ridges is known on this species’ reproductive pose a threat to M. christophersenii and wet forest on Kauai and Oahu, biology or life history to assess these because it is known to infest other Hawaii. This species is currently known potential threats. Viability is uncertain. species of Melicope on Oahu and it from 9 populations totaling Overall, the magnitude of threats is high occurs throughout the Waianae approximately 56 individuals on Kauai and most threats are ongoing and thus Mountains. Only a few individuals may and from 8 populations totaling between

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69091

73 and 83 individuals in the Koolau South Carolina, but is now only found pollinators that negatively affect the mountains of Oahu. Myrsine fosbergii is within the Pine Barrens region of New reproductive viability of the species. threatened by feral pigs and goats that Jersey. Ungulates have been fenced out of some degrade and destroy habitat and may As an obligate wetland species, N. areas where N. latifolium currently prey upon the plant, and nonnative americanum is threatened by changes in occurs, and nonnative plants have been plants that compete for light and hydrology, loss of habitat due to filling reduced in some populations that are nutrients. Although there are plans to or draining of wetlands, flooding as a fenced. However, these ongoing fence and remove ungulates from the result of reservoir construction, and conservation efforts for this species Helemano area of Oahu, which may conversion of natural wetlands to benefit only a few of the known benefit this species, no conservation commercial cranberry bogs. This species populations. The threats are not measures have been taken to date to occurs in the Pine Barrens region, and controlled and are ongoing in the alleviate these threats for this species. the Pinelands Commission issues the remaining unfenced populations. In Feral pigs and goats are found State-assumed Clean Water Act Section addition, little regeneration is observed throughout the known range of M. 404 permits. The Pinelands Commission in this species. Therefore, the threats are fosbergii, as are nonnative plants. The grants wetland exemptions to cranberry of a high magnitude since they are threats from feral pigs, goats, and production and other agricultural uses. severe enough to affect the continued nonnative plants are of a high Illegal wetland filling is occurring. For existence of the species. The threats are magnitude because they pose a severe example, a cranberry expansion was imminent since they are ongoing. threat throughout the limited range of illegally completed without a State Therefore, we retained an LPN of 2 for this species and are on-going and permit. In addition, activities not this species. therefore imminent. We retained an LPN needing State or federal permits are Ochrosia haleakalae (Holei)—The of 2 for this species. occurring in uplands that are indirectly following summary is based on Myrsine mezii (Kolea)—We have not affecting the wetlands. Natural information contained in our files. No updated our candidate assessment, as succession of vegetation in wetlands new information was provided in the we are currently developing a proposed supporting bog asphodel from emergent petition we received on May 11, 2004. listing rule for this species. (herbaceous) to forested wetlands may Holei is a tree found often on lava in dry Myrsine vaccinioides (Kolea)—The also be contributing to the decline of the to mesic forest on the islands of Hawaii following summary is based on species. Suppression of natural and Maui, Hawaii. This species is information contained in our files. No wildfires that would retard succession currently known from 9 wild and new information was provided in the or created open wetland savannahs may outplanted populations totaling fewer petition we received on May 11, 2004. be a factor in the decline of the species. than 500 individuals. Ochrosia Myrsine vaccinioides is a small Other factors adversely affecting N. haleakalae is threatened by fire; by feral branched shrub found in shrubby bogs americanum include trampling, erosion, pigs, goats, and cattle that degrade and on Maui, Hawaii. This species is found and siltation caused by recreationists on destroy habitat and may directly prey scattered throughout the bogs of west foot or using off-road vehicles. upon holei; and by nonnative plants Maui, totaling fewer than 1,000 Approximately 70 percent of known that compete for light and nutrients. individuals. Myrsine vaccinioides is extant populations occur on State- Feral pigs, goats, and cattle have been threatened by feral pigs that degrade owned lands. We are working with the fenced out of one wild and one and destroy habitat, and nonnative New Jersey Department of outplanted population on private lands plants that compete for light and Environmental Protection to abate on the island of Maui and one nutrients. Pig exclusion fences protect known moderate threats at these sites outplanted population in Hawaii some individuals of this species, and from recreational use and erosion. Volcanoes National Park on the island nonnative plants have been reduced Approximately 30 percent of the known of Hawaii. Nonnative plants have been around some individuals that are extant sites are on privately owned reduced in the fenced areas. No known fenced. However, these ongoing lands, many of which are threatened by conservation measures have been taken conservation efforts benefit only a small habitat degradation from on-site or to date for the other populations on the number of the known individuals. adjacent residential or commercial islands of Maui and Hawaii. The threat Further, nonnative plants will probably development. Overall, the threats are from fire is of a high magnitude and never be completely eradicated because moderate due to the protection provided imminent because no control measures new propagules are constantly being by the State on State-owned lands. The have been undertaken to address this dispersed into the fenced areas from threats are ongoing and therefore are threat that could adversely affect O. surrounding, unmanaged lands. The imminent. Therefore, we retained an haleakalae as a whole. The threats from threats are of a high magnitude because LPN of 8 for this species. feral pigs, goats, and cattle are ongoing they pose a severe threat throughout the Nothocestrum latifolium (Aiea)—The to the unfenced populations of O. limited range of the species and are following summary is based on haleakalae. The threat from nonnative ongoing, and thus imminent. Therefore, information contained in our files. No plants is ongoing and imminent, and of we retained an LPN of 2 for this species. new information was provided in the a high magnitude to the wild Narthecium americanum (Bog petition we received on May 11, 2004. populations on both islands since this asphodel)—The following summary is Aiea is a small tree found in dry to threat has the potential to adversely based on information from our files. No mesic forest and diverse mesic forests affect the continued existence of this new information was provided in the on Kauai, Oahu, Maui, Molokai, and species. Therefore, we retained an LPN petition we received on May 11, 2004. Lanai, Hawaii. Nothocestrum latifolium of 2 for this species. Bog asphodel is a perennial herb that is is known from 19 populations totaling Pediocactus peeblesianus var. found in savannah areas, usually with fewer than 1,100 individuals. This fickeiseniae (Fickeisen plains cactus)— water moving through the substrate, as species is threatened by feral pigs, goats The following summary is based on well as in sandy bogs along streams and and axis deer that degrade and destroy information contained in our files. No rivers. The historic range of bog habitat and may prey upon it, by new information was provided in the asphodel include New York, New nonnative plants that compete for light petition we received on May 11, 2004. Jersey, Delaware, North Carolina, and and nutrients, and by the loss of The Fickeisen plains cactus is a small

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69092 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

cactus known from the Gray Mountain last three years along the Roan Plateau than five acres. The number of plants vicinity to the Arizona strip in Coconino escarpment. varies from none to thousands each and Mohave counties, Arizona. The Penstemon scariosus var. albifluvis year, depending on precipitation. The cactus grows on exposed layers of (White River beardtongue)—The habitat coincides with high quality oil Kaibab limestone on canyon margins following summary is based on and gas reserves of the Piceance Basin, and well-drained hills in Navajoan information contained in our files and mostly on federal lands. The primary desert or grassland. In 1999, Arizona the petition we received on October 27, threats are gas field development and Game and Fish Department noted 23 1983. The White River beardtongue is associated construction and occurrences of the species, including restricted to calcareous soils derived transportation activities, as well as historical ones. The species is located from oil shale barrens of the Green River increased access for all-terrain vehicles. on Bureau of Land Management, U.S. Formation in the Uinta Basin of Substantial surface disturbance alters Forest Service, tribal, and possibly State northeastern Utah and adjacent the unique soil structure and destroys lands. Recent reports from the Bureau of Colorado. There are 14 occurrences seed banks that are critical to the Land Management and Navajo Nation known in Utah and 1 in Colorado. Most survival of this species. These threats describe populations of the species as of the occupied habitat of the White are ongoing, therefore imminent. They being in decline. River beardtongue is within developed are of moderate magnitude because the The main human-induced threats to and expanding oil and gas fields. The threat from oil and gas construction and this cactus are off-road vehicles and location of the species’ habitat exposes transportation activities only affects a trampling associated with livestock it to destruction from road, pipeline, little over half of the land area where grazing. Monitoring data has detected and well-site construction in connection this plant occurs. We retained an LPN mortality associated with livestock with oil and gas development. of 8 for this species. grazing. Illegal collection of this species Recreational off-road vehicle use, heavy Phyllostegia bracteata (no common has been noted in the past, but we do grazing by livestock, and wildlife and name)—The following summary is not know if it is a continuing threat. The livestock trampling are additional based on information contained in our populations that have been monitored threats. Based on current information, files. No new information was provided have been affected, in part, by the we retained an LPN of 6 because these in the petition we received on May 11, continuing drought. There has been very nonimminent threats present a 2004. Phyllostegia bracteata is a low recruitment, and rabbits and significant risk to this plant variety. scandent perennial herb found in Peperomia subpetiolata (Ala ala wai Metrosideros-Cheirodendron- rodents have consumed adult plants nui)—The following summary is based Dicranopteris (ohia-olapa-uluhe) since there is reduced forage available on information contained in our files. montane wet forest. Currently this during these dry conditions. The threats No new information was provided in species is known from five populations are high magnitude because they the petition we received on May 11, totaling no more than 19 individuals on adversely affect the plant resulting in 2004. Ala ala wai nui is a short-lived east and west Maui. Phyllostegia direct mortality or reduced reproductive perennial herb found in montane mesic bracteata is threatened by feral pigs that capacity. The threats are imminent forest on Maui, Hawaii. This species is may directly prey upon it and degrade because they are ongoing. The LPN for known from one occurrence consisting and destroy habitat, nonnative plants this plant variety remains a 3. of two subpopulations on windward that compete for light and nutrients, and Penstemon debilis (Parachute east Maui, totaling 23 individuals. reduced reproductive vigor and beardtongue)—The following summary Further study of the occurrence randomly occurring natural events. The is based on information contained in indicates that the plants may actually threats to P. bracteata from pigs and our files. No new information was represent clones of only six genetically nonnative plants are of a high provided in the petition we received on distinct individuals. Peperomia magnitude and imminent because in May 11, 2004. Penstemon debilis is an subpetiolata is threatened by feral pigs light of their severity, they pose a risk extremely rare plant endemic to oil that may eat this plant and degrade and to the species range-wide, are ongoing, shale outcrops on the Roan Plateau destroy habitat, and by nonnative plants and are not subject to any control escarpment in Garfield County, that compete for light and nutrients. efforts. Therefore, we retained an LPN of Colorado. Total estimated number of Individuals that occur within the 2 for this species. plants is approximately 3800 Waikamoi Preserve may benefit from Phyllostegia floribunda (no common individuals. About 62 percent of the fencing and management actions; name)—See above in ‘‘Summary of plants are on private land owned by however, all of the threats occur range- Listing Priority Changes in Candidates.’’ Occidental Petroleum. Most of the wide. We retained an LPN of 2 because No new information was provided in remaining 38 percent occur in one the threats are of a high magnitude the petition we received on May 11, population on Bureau of Land because they pose a significant threat to 2004. Management land that will soon be the species resulting in direct mortality Phyllostegia hispida (no common open to leasing under a new Resource or reduced reproductive capacity, and name)—We have not updated our Management Plan amendment. Pressure are ongoing so are imminent. candidate assessment, as we are to develop energy reserves in this area Phacelia submutica (DeBeque currently developing a proposed listing is intense. Threats include habitat phacelia)—The following summary is rule for this species. destruction caused by heavy equipment based on information contained in our Physaria tuplashensis (White Bluffs use of access roads through plant files. No new information was provided bladder-pod)—The following summary populations. These threats are high in the petition we received on May 11, is based on information contained in magnitude because they present a 2004. DeBeque phacelia is an annual our files. No new information was significant threat to the parachute flowering plant endemic to clay soils provided in the petition we received on beardtongue resulting in direct mortality derived from the Atwell Gulch and May 11, 2004. White Bluffs bladder-pod or reduced reproductive capacity. We Shire members of the Wasatch is a low-growing, herbaceous, short- maintained an LPN 2 for this species Formation in Mesa and Garfield lived, perennial plant in the based on a dramatic increase in the Counties, Colorado. There are Brassicaceae (mustard) family. intensity of energy exploration in the approximately 40 populations, all less Historically and currently, White Bluffs

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69093

bladder-pod has only been known from Several of the known populations are in capacity of this plant variety. In a single population that occurs along the or adjacent to powerline rights-of-way. addition, they are ongoing, so are White Bluffs of the Columbia River in Mechanical clearing of these areas may imminent. Franklin County, Washington. The benefit the species by maintaining Platydesma cornuta var. decurrens entire range of the species is a narrow adequate light levels; however, the use (no common name)—The following band, approximately 33 feet (10 meters) of herbicides could pose a significant summary is based on information wide by 10.6 miles (17 kilometers) long, threat to the species. All-terrain vehicles contained in our files. No new at the upper edge of the bluffs. The have damaged several sites and pose a information was provided in the species occurs only on cemented, highly threat to most sites. Most of the known petition we received on May 11, 2004. alkaline, calcium carbonate paleosol (a sites for the species occur in areas that This variety is an erect palmoid shrub ‘‘caliche’’ soil) and is believed to be a are managed specifically for timber found in mesic forest on Oahu, Hawaii. ‘‘calciphile.’’ Approximately 35 percent production. Timber management is not This variety is known from several of the known range of the species has necessarily incompatible with the populations totaling a few hundred been moderately to severely affected by protection and management of the individuals in the Waianae Mountains. landslides, an apparently permanent species. However, care must be taken Platydesma cornuta var. decurrens is destruction of the habitat. The entire during timber management to ensure threatened by feral pigs and goats that population of the species is down-slope that the hydrology of the bogs that degrade and destroy habitat and of irrigated agricultural land, the source supports the species is not altered. possibly prey upon the plants, and by of the water seepage causing the mass Natural succession can result in nonnative plants that compete for light failures and landslides. Other decreased light levels. Because of the and nutrients. All of the threats occur significant threats include the presence dependence of the species upon range-wide, and no efforts for their of invasive plants, and some potential moderate to high light levels, some type control or eradication are being use of the habitat by recreational off of active management to prevent undertaken, other than the current road vehicles. While P. tuplashensis is complete canopy closure is required at protection of 5 individuals within a inherently vulnerable because it is a most locations. Collecting for fenced enclosure maintained by The narrow endemic, the threats are commercial and other purposes is a Nature Conservancy of Hawaii. We nonimmient since they are unlikely to threat. Herbivory (primarily deer) retained an LPN of 3 for this variety. occur in the immediate future, except threatens the species at several sites. The threats are high in magnitude the threat from invasive plants. Invasive Protection and recovery of this species because the threats are sufficiently plants are present in the vicinity, but is dependent upon active management severe to result in direct mortality or have not yet been described as a rather than just preservation of its significantly reduce the reproductive significant problem. Currently, we know habitat. Invasive, nonnative plants such capacity of this plant variety of no plans to expand or significantly as Japanese honeysuckle and kudzu particularly given its small population modify the existing agriculture activities threaten several sites. Given the number size. In addition, the threats are in areas adjacent to the population. In and severity of current threats to this ongoing, so are imminent. Platydesma remyi (no common addition, deliberate modification of the species, the magnitude of threat is high. name)—The following summary is species’ immediate habitat is unlikely Based upon the number of populations based on information contained in our due to its location and 85 percent and the anticipation that most of these files. No new information was provided Federal ownership. However, because threats will not be realized in the next in the petition we received on May 11, the threats could negatively affect the 1–2 years, the threats are nonimminent. only known population of this species, 2004. Platydesma remyi is a shrub or We, therefore, assigned an LPN of 5 to shrubby tree found in wet forests on old the threats are high in magnitude. this species. Therefore we assigned an LPN of 5 to volcanic slopes on the island of Hawaii, this species. Platydesma cornuta var. cornuta (no Hawaii. This species is known from two Pittosporum napaliense (Hoawa)—We common name)—The following populations totaling fewer than 50 have not updated our candidate summary is based on information individuals. Platydesma remyi is assessment for this species, as we are contained in our files. No new threatened by feral pigs and cattle that currently developing a proposed listing information was provided in the degrade and destroy habitat, nonnative rule. petition we received on May 11, 2004. plants that compete for light and Platanthera integrilabia (Correll) Leur This variety is an erect palmoid shrub nutrients, reduced reproductive vigor, (White fringeless orchid)—The found in mesic forest on Oahu, Hawaii. and stochastic extinction due to following summary is based on This variety is known from 9 naturally occurring events. Only one information contained in our files. No populations with a combined total of individual is included in a rare plant new information was provided in the approximately 36 individuals in the exclosure in the Laupahoehoe Natural petition we received on May 11, 2004. Koolau Mountains on the island of Area Reserve. These threats are ongoing Platanthera integrilabia is a perennial Oahu. Limited monitoring has shown and therefore imminent, and of a high herb that grows in partially, but not that this population is declining. The magnitude because of their severity; the fully, shaded, wet, boggy areas at the threats to P. cornuta var. cornuta threats cause direct mortality or head of streams and on seepage slopes include feral pigs that degrade and significantly reduce the reproductive in Alabama, Georgia, Kentucky and destroy habitat and possibly prey upon capacity of the species throughout its Tennessee. Historically, there were at it, and nonnative plants that compete limited range. Therefore, we retained an least 90 populations of Platanthera for light and nutrients. All of the threats LPN of 2 for this species. integrilabia. Currently there are only 53 occur range-wide and no efforts for their Platydesma rostrata (Pilo kea lau extant sites supporting the species. control or eradication are being lii)—We have not updated our Several populations have been lost to undertaken. We retained an LPN of 3 for candidate assessment for this species, as road, residential and commercial this variety. The threats are of a high we are currently developing a proposed construction, and to projects that altered magnitude because they are sufficiently listing rule. soil and site hydrology and thereby severe to result in direct mortality or Pleomele forbesii (Hala pepe)—The reduced site suitability for the species. significantly reduce the reproductive following summary is based on

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69094 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

information contained in our files. No steward during the six-month period of oahuensis is a tree or shrub found in new information was provided in the peak visitor use. These conservation mesic and wet forests on Oahu, Hawaii. petition we received on May 11, 2004. measures have reduced the magnitude This variety is known from three Pleomele forbesii is a tree found in of threat to the species to moderate; all populations of fewer than 20 diverse mesic and dry forests on Oahu, remaining threats are nonimminent and individuals. Two other varieties of this Hawaii. This species is currently known involve long-term changes to the habitat subspecies, var. hosakana and var. from 16 populations totaling 500 for the species resulting from past rockii, are extinct. Psychotria hexandra individuals. Pleomele forbesii is impacts. Until a monitoring program is ssp. oahuensis var. oahuensis is threatened by predation by rats, habitat in place that allows us to assess the threatened by feral pigs and rats that degradation and destruction by feral long-term trend of the species, we consume this plant and degrade and pigs and goats, fire, and nonnative continue to assign this species an LPN destroy habitat, rats that consume its plants that compete for light and of 11. fruit, and nonnative plants that compete nutrients. One population is protected Pritchardia hardyi (Loulu)—We have for light and nutrients. All of the threats within a fenced area by the U.S. Navy not updated our candidate assessment, occur range-wide, and no efforts for and the species is represented in an ex as we are currently developing a their control or eradication are being situ collection; however, no other proposed listing rule for this species. undertaken. We retained an LPN of 3 conservation efforts are being Pseudognaphalium (Gnaphalium) because the threats are of a high implemented to alleviate the threats to sandwicensium var. molokaiense magnitude because they could adversely P. forbesii. The threats are of a high (Enaena)—The following summary is affect this plant variety resulting in magnitude because of their severity and based on information contained in our direct mortality or reduced reproductive their potential to adversely affect this files. No new information was provided capacity, and are ongoing, so are plant throughout its range in all 16 in the petition we received on May 11, imminent. populations. The threats are ongoing 2004. Pseudognaphalium Psychotria hobdyi (Kopiko)—We have and therefore, imminent. Thus, we sandwicensium var. molokaiense is a not updated our candidate assessment retained an LPN of 2 for this species. perennial herb found in strand for this species, as we are currently Potentilla basaltica (Soldier Meadow vegetation in dry consolidated dunes on developing a proposed listing rule. cinquefoil or basalt cinquefoil)—The Molokai and Maui, Hawaii. This variety Pteralyxia macrocarpa (Kaulu)—The following summary is based on is known from a total of four following summary is based on information contained in our files; the populations with several hundred information contained in our files. No petition we received on May 11, 2004, individuals in the Moomomi area on the new information was provided in the provided no additional information on island of Molokai, and a single petition we received on May 11, 2004. the species. Soldier Meadow cinquefoil population of 25 individuals at Puu Kaulu is a tree found in valleys and is a low-growing, rhizomatous, Kahulianapa on west Maui. slopes in diverse mesic forest on Oahu, herbaceous perennial that is associated Pseudognaphalium sandwicensium var. Hawaii. This species is known from 20 with alkali meadows, seeps, and molokaiense is threatened by axis deer populations totaling less than 300 occasionally marsh habitats bordering and cattle that degrade and destroy individuals. This species is threatened perennial thermal springs, outflows, and habitat and possibly prey upon it, and by feral pigs and goats that degrade and meadow depressions. In Humboldt by nonnative plants that compete for destroy habitat; nonnative plants that County, Nevada, the species is known light and nutrients. Potential threats compete for light and nutrients; and only from Soldier Meadow. In also include collection for lei and off- possibly by predation from feral pigs, northeastern California, a single road vehicles that directly damage goats, rats, and the two-spotted population occurs in Lassen County. At plants and degrade habitat. While leafhopper. These threats are of a high Soldier Meadow, there are 10 discrete ungulate exclusion fences protect the magnitude because in light of their known occurrences within an area of three populations of P. sandwicensium severity and the absence of control or about 70 acres that support about var. molokaiense on Molokai and eradication efforts, they have the 130,000 individuals. The California nonnative plant control has been potential to adversely affect this plant population occupies less than an acre implemented in these populations, no species throughout its limited range. on private lands and supports fewer conservation efforts have been initiated The threats are also imminent because than 1,000 plants. to date for the individuals on Maui. The they are ongoing. We retained an LPN The species and its habitat are ongoing threats from axis deer, cattle, of 2 for this species. threatened by recreational use in the nonnative plants, collection, and off- Ranunculus hawaiensis (Makou)— areas where it occurs, as well as the road vehicles are of a high magnitude The following summary is based on ongoing impacts of past water because no control measures have been information contained in our files. No diversions and livestock grazing and undertaken for the Maui population and new information was provided in the current off-highway vehicle travel. the threats therefore pose a significant petition we received on May 11, 2004. Conservation measures implemented threat to this plant. Therefore, we Ranunculus hawaiensis is an erect or recently by the Bureau of Land retained an LPN of 3 for this variety. ascending perennial herb found in Management include the installation of Psychotria grandiflora (Kopiko)—We mesic to wet forest dominated by fencing to exclude livestock, wild have not updated our candidate Metrosideros polymorpha and Acacia horses, burros and other large mammals; assessment, as we are currently koa with scree substrate on Maui and closing of access roads to spring, developing a proposed listing rule for the island of Hawaii, Hawaii. riparian, and wetland areas and the this species. Populations formerly within Haleakala limiting of vehicles to designated routes; Psychotria hexandra ssp. oahuensis National Park have been extirpated. the establishment of a designated var. oahuensis (Kopiko)—The following This species is known from fewer than campground away from the habitats of summary is based on information 300 individuals in six populations. Four sensitive species; the installation of contained in our files. No new wild populations occur on Hawaii, and educational signage; and, an increased information was provided in the three outplanted populations and two staff presence, including law petition we received on May 11, 2004. wild populations occur on Maui, one on enforcement and a volunteer site Psychotria hexandra ssp. oahuensis var. east Maui at Kahikinui and one on west

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69095

Maui at Lihau. Ranunculus hawaiensis on information contained in our files reduced to a moderate magnitude. In is threatened by direct predation by and the petition we received on high lake level years such as 2005, slugs, feral pigs, goats, cattle, mouflon, December 27, 2000. Tahoe yellow cress however, recreational use is and sheep; by pigs, goats, cattle, is a small perennial herb known only concentrated within Tahoe yellow cress mouflon and sheep that degrade and from the shores of Lake Tahoe in habitat, and we consider this threat in destroy habitat; and by nonnative plants California and Nevada. Data collected particular to be ongoing and imminent. that compete for light and nutrients. over the last 25 years generally indicate Therefore, we maintained an LPN of 8 Three populations have been outplanted that species occurrence fluctuates yearly for this species. into protected exclosures; however, feral as a function of both lake level and the Schiedea attenuata (no common ungulates and nonnative plants are not amount of exposed habitat. Records kept name)—We have not updated our controlled in the remaining, unfenced since 1900 show a preponderance of candidate assessment, as we are populations. In addition, the threat from years with high lake levels that would currently developing a proposed listing slugs is of a high magnitude because isolate and reduce Tahoe yellow cress rule for this species. slugs occur throughout the limited range occurrences at higher beach elevations. Schiedea pubescens (Maolioli)—The of this species and no effective measures From the standpoint of the species, less following summary is based on have been undertaken to control them or favorable peak years have occurred information contained in our files. No prevent them from causing significant almost twice as often as more favorable new information was provided in the adverse impacts to this species. low-level years. Annual surveys are petition we received on May 11, 2004. Therefore, the threats from pigs, goats, conducted to determine population Schiedea pubescens is a reclining or cattle, mouflon, sheep, slugs, and numbers, site occupancy, and general weakly climbing vine found in diverse nonnative plants are of a high disturbance regime. During the 2003 mesic to wet forest on Maui and magnitude and ongoing and imminent and 2004 annual survey period, the lake Molokai, Hawaii. Currently, this species for R. hawaiensis. We retained an LPN level was approximately 6,224 ft (1,898 is known from six populations totaling of 2 for this species. m); 2004 was the fourth consecutive approximately 100 individuals on Maui Ranunculus mauiensis (Makou)—The year of low water. Tahoe yellow cress and Molokai. Schiedea pubescens is following summary is based on was present at 45 of the 72 sites threatened by feral goats that consume information contained in our files. No surveyed (65 percent occupied), up from it and degrade and destroy habitat, and new information was provided in the 15 sites (19 percent occupied) in 2000 by nonnative plants that compete for petition we received on May 11, 2004. when the lake level was high at 6,228 light and nutrients. Feral ungulates have Ranunculus mauiensis is an erect to ft. Approximately 25,200 stems were been fenced out of the population of S. weakly ascending perennial herb found counted or estimated in 2003, whereas pubescens on Hawaii, and feral goats have been fenced out of a few of the in open sites in mesic to wet forest and during the 2000 annual survey, the west Maui populations of S. pubescens. along streams on the islands of Maui, estimated number of stems was 4,590. Nonnative plants have been reduced in Kauai, and Molokai, Hawaii. This Lake levels began to rise again in 2005 the populations that are fenced on Maui. species is currently known from fewer and less habitat was available; However, the threats are not controlled than 200 individuals on Molokai, more intermediate lake levels are expected in and are ongoing in the remaining than 100 individuals on Maui, and 2007. approximately 76 individuals on Kauai. unfenced populations on Maui and the Ranunculus mauiensis is threatened by Many Tahoe yellow cress sites are three populations on Molokai. In light of feral pigs, goats, deer and slugs that intensively used for commercial and the extremely low number of consume it; by habitat degradation and public purposes and are subject to individuals of this species, the threats destruction by feral pigs, goats and deer; various activities such as erosion from goats and nonnative plants are of and by nonnative plants that compete control, marina developments, pier a high magnitude because they pose a for light and nutrients. Feral pigs have construction, and recreation. The U.S. significant threat to the species, and been fenced out of the Maui populations Forest Service, California Tahoe imminent because they are ongoing. of R. mauiensis, and nonnative plants Conservancy, and California Department Therefore, we retained an LPN of 2 for have been reduced in the fenced areas. of Parks and Recreation have this species. One individual occurs in the Kamakou management programs for Tahoe yellow Schiedea salicaria (no common Preserve on Molokai, managed by The cress that include monitoring, fenced name)—The following summary is Nature Conservancy of Hawaii. enclosures, and transplanting efforts based on information contained in our However, these ongoing conservation when funds and staff are available. files. No new information was provided efforts benefit only the Maui and Public agencies (including the Service), in the petition we received on May 11, Molokai individuals and absent private landowners, and environmental 2004. Schiedea salicaria is an erect conservation efforts for the Kauia groups collaborated to develop a subshrub or shrub found on ridges and individuals, these threats present a conservation strategy coupled with a steep slopes in dry shrubland on Maui, significant risk to the continued Memorandum of Understanding/ Hawaii. Currently, this species is existence of R. mauiensis. Therefore, the Conservation Agreement. The declining throughout its range, and is threats continue to be of a high conservation strategy, completed in known from six populations totaling magnitude to this species on Kauai. 2003, contains goals and objectives for 100 to 300 individuals, typically of 25 Threats to the species overall are also of recovery and survival, a research and individuals per population. This species a high magnitude, since half of the monitoring agenda, and serves as the is threatened by cattle that may directly individuals are found on Kauai. In foundation for an adaptive management prey upon it and degrade and destroy addition, threats to R. mauiensis are program. Because of the continued habitat, fire, and nonnative plants that imminent because they are ongoing in commitments to conservation compete for light and nutrients. This the Kauai and the majority of the Maui demonstrated by regulatory and land species is represented in an ex-situ populations. Therefore, we retained an management agencies participating in collection. All of the threats occur LPN of 2 for this species. the conservation strategy, we have range-wide, and no efforts for their Rorippa subumbellata (Tahoe yellow determined the threats to Tahoe yellow control or eradication are being cress)—The following summary is based cress from various land uses have been undertaken. We retained an LPN of 2.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69096 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

The threats are imminent because they Mauna Kea areas and in Hawaii candidate assessment for this species, as are ongoing, and are of a high Volcanoes National Park (Puna area) on we are currently developing a proposed magnitude, because in light of their the island of Hawaii. It appears that a listing rule. severity and the small size of the naturally occurring population at Symphyotrichum georgianum population, they have the potential to Kipuka Ki in Hawaii Volcanoes National (Georgia aster)—See above in ‘‘Summary adversely affect the species. Park is reproducing by seeds, but seeds of Listing Priority Changes in Sedum eastwoodiae (Red Mountain have not been successfully germinated Candidates.’’ The above summary is stonecrop)—The following summary is under nursery conditions. This species based on information from our files. No based on information contained in our is threatened by feral pigs and sheep new information was provided in the files and information provided by the that degrade and destroy habitat, and petition we received on May 11, 2004. California Department of Fish and nonnative plants that compete for light Zanthoxylum oahuense (Ae)—The Game. The petition we received on May and nutrients. Feral pigs have been following summary is based on 11, 2004 provided no new information fenced out of some of the areas where information contained in our files. No on the species. Red Mountain stonecrop S. macrophyllus currently occurs, but new information was provided in the is a perennial succulent which occupies the fences do not exclude sheep. petition we received on May 11, 2004. relatively barren, rocky openings and Nonnative plants have been reduced in Zanthoxylum oahuense is a small tree cliffs in lower montane coniferous the populations that are fenced. found in mesic to wet forest habitat on forests, between 1,900 and 4,000 feet However, the threats are not controlled Oahu, Hawaii. Currently this species is elevation. Its distribution is limited to and are ongoing in the remaining, known from 11 populations totaling Red Mountain, Mendocino County, unfenced populations, and are, fewer than 40 individuals on Oahu. California, where it occupies 30 acres therefore, imminent. Similarly the threat Zanthoxylum oahuense is threatened by scattered over 4 square miles. Total from sheep is ongoing and imminent in feral pigs that directly prey upon it and population size is estimated at between all populations, because the current degrade and destroy habitat, nonnative 5,300 and 23,000 plants, contained fences do not exclude sheep. In plants that compete for light and within 27 habitat polygons. Intensive addition, all of the threats are of a high nutrients, and the two-spotted monitoring suggests considerable magnitude, because habitat degradation leafhopper. All of the threats occur annual variation in plant seedling and competition from nonnative plants range-wide and no efforts for their success and inflorescence production; present a risk to the species, resulting in control or eradication are being stonecrop density varied from year-to- direct mortality or significantly undertaken. These threats are sufficient year. The primary threat to the species reducing the reproductive capacity. to adversely affect the species is the potential for surface mining for Therefore, we retained an LPN of 2 for particularly in light of its small chromium and nickel. The entire this species. population size. We retained an LPN of distribution area of Red Mountain Solanum nelsonii (popolo)—See 2 for this species, because the threats are stonecrop is either owned by mining above in ‘‘Summary of Listing Priority of a high magnitude and are ongoing, so interests or covered by mining claims Changes in Candidates.’’ The above are imminent. that are not currently active. Surface summary is based on information from Ferns and Allies mining would destroy habitat suitability our files. No new information was for this species. The species is also provided in the petition we received on Christella boydiae (no common believed threatened by tree and shrub May 11, 2004. name)—See above in ‘‘Summary of encroachment into its habitat, in Stenogyne cranwelliae (no common Listing Priority Changes in Candidates.’’ absence of fire. The species distribution name)—The following summary is The above summary is based on by ownership is described as follows: based on information contained in our information contained in our files. No Federal (Bureau of Land Management)— files. No new information was provided new information was provided in the 95 percent ( this portion of the in the petition we received on May 11, petition we received on May 11, 2004. distribution was recently included in 2004. Stenogyne cranwelliae is a Doryopteris takeuchii (no common the South Fork Eel River Wilderness creeping vine found in wet forest name)—We have not updated our Area, managed by BLM); and private— dominated by Metrosideros polymorpha candidate assessment, as we are 5 percent. Given the magnitude (high, on the island of Hawaii, Hawaii. currently developing a proposed listing because mining of the area would put Stenogyne cranwelliae is known from 10 rule for this species. the continued existence of the species at populations totaling 100 individuals. Huperzia stemmermanniae (no risk) and immediacy (nonimminent, This species is threatened by feral pigs common name)—The following because there are no known plans to that degrade and destroy habitat, and summary is based on information mine the area) of the threat to the small, nonnative plants that compete for light contained in our files. No new scattered populations, and its taxonomy and nutrients. In addition, this species information was provided in the (species), we assigned an LPN of 5 to is potentially threatened by rats that petition we received on May 11, 2004. this species. may directly prey upon it, and by Waewaeiole, a pendant clubmoss, is Sicyos macrophyllus (Anunu)—The randomly occurring natural events such found in mesic to wet Metrosideros following summary is based on as hurricanes and landslides. All of the polymorpha-Acacia koa (ohia-koa) information contained in our files. No threats occur range-wide and no efforts forests on the islands of Maui and new information was provided in the for their control or eradication are being Hawaii, Hawaii. Only four populations petition we received on May 11, 2004. undertaken. These threats are sufficient are known, totaling fewer than 30 Sicyos macrophyllus is a perennial vine to adversely affect the species individuals on Hawaii and Maui. found in wet Metrosideros polymorpha particularly in light of its small Huperzia stemmermanniae is (ohia) forest and subalpine Sophora population size. We retained an LPN of threatened by feral pigs, goats, cattle, chrysophylla-Myoporum sandwicense 2 because the threats are of a high and deer that degrade and/or destroy (mamane-naio) forest on the island of magnitude and are ongoing, so are habitat, and by nonnative plants that Hawaii, Hawaii. This species is known imminent. compete for light, space, and nutrients. from six populations totaling a few Stenogyne kealiae (no common Huperzia stemmermanniae is also hundred individuals in the Kohala and name)—We have not updated our threatened by randomly occurring

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69097

natural events due to its small warranted but precluded by work 340 F. 3d 835, 852 (9th Cir. 2003)). population size. One population at identified above (see ‘‘Petition Findings Additionally, emerging biological Waikamoi Preserve may benefit from for Candidate Species’’ above). One of information now suggests increasing fencing for deer and pigs. The threats to the primary reasons that the work levels of connectivity among some of H. stemmermanniae from pigs, goats, identified above is higher priority is that these populations, casting doubt on cattle, deer, and nonnative plants are of these species are currently listed as their discreteness. a high magnitude because they are threatened under the Act, and therefore Also relevant is the March 16, 2007, sufficiently severe to adversely affect they already receive certain protections Department of Interior Office of the the species throughout its range, under the Act. The Service promulgated Solicitor memorandum (available at: resulting in direct mortality or regulations extending take prohibitions http://www.doi.gov/solicitor/ significantly reducing reproductive for endangered species under section 9 M37013.pdf) regarding the meaning of capacity. They are imminent because to threatened species (50 CFR 17.31). ‘‘significant portion of [a species’] they are ongoing. Therefore, we retained Prohibited actions under section 9 range.’’ This memorandum states that an LPN of 2 for this species. include, but are not limited to, take (i.e., ‘‘whenever the Secretary concludes Microlepia strigosa var. mauiensis harass, harm, pursue, hunt, shoot, because of the statutory five-factor (Palapalai)—The following summary is wound, kill, trap, capture, or collect, or analysis that a species is ‘in danger of based on information contained in our attempt to engage in such activity). extinction throughout * * * a files. No new information was provided Other protections include those under significant portion of its range,’ it is to in the petition we received on May 11, section 7(a)(2) of the Act whereby be listed and the protections of the ESA 2004. Palapalai is a fern found in mesic Federal agencies must insure that any applied to the species in that portion of to wet forests. It is currently found on action they authorize, fund, or carry out its range.’’ The memorandum goes on to the islands of Maui, Hawaii, and Oahu, is not likely to jeopardize the continued say, ‘‘the Secretary has broad discretion from at least 11 populations totaling existence of any endangered or in defining what portion of a range is more than 35 individuals. There is a threatened species. ‘significant.’’’ To date, the Service has possibility that the range of this plant not determined whether the North (1) Grizzly bear (Ursus arctos variety could be larger and include the Cascade, the Cabinet-Yaak, or the horribilis) North Cascades ecosystem, other main Hawaiian Islands. Selkirk Ecosystems each constitutes a Cabinet-Yaak, and Selkirk populations Microlepia strigosa var. mauiensis is significant portion of the grizzly bear’s (Region 6)—We have not updated our threatened by feral pigs that degrade range or whether they only represent and destroy habitat, and nonnative finding with regard to the grizzly bear significant portions of the species’ range plants that compete for light and populations in the North Cascade, the when combined with other units. nutrients. Pigs have been fenced out of Cabinet-Yaak, or the Selkirk Ecosystems On April 18, 2007, the Service areas on east and west Maui, and on in this notice. Between 1991 and 1999, initiated a 5-year review to evaluate the Hawaii, where M. strigosa var. we issued warranted but precluded current status of grizzly bears in the mauiensis currently occurs, and findings to reclassify grizzly bears as lower 48-States outside of the Greater nonnative plants have been reduced in endangered in the North Cascades (56 Yellowstone Area (72 FR 19549–19551). the fenced areas. However, the threats FR 33892–33894, July 24, 1991; 63 FR This status review will fully evaluate are not controlled and are ongoing in 30453–30454, June 4, 1998), the the status of each population and the the remaining unfenced populations on Cabinet-Yaak (58 FR 8250–8251, appropriate application of the DPS Maui, Hawaii, and Oahu. Therefore, the February 12, 1993; 64 FR 26725–26733, policy and the solicitor memorandum threats from feral pigs and nonnative May 17, 1999), and the Selkirk regarding recognition and listing of plants are imminent. They are also of a Ecosystems (64 FR 26725–26733, May significant portions of range. We expect high magnitude because they are 17, 1999). We also made previous this 5-year review to be completed in sufficiently severe to adversely affect resubmitted petition findings that 2008. the species throughout its range, uplisting these three populations to (2) Spikedace (Meda fulgida) (Region resulting in direct mortality or endangered was warranted but 2) (see 59 FR 35303, July 11, 1994, and significantly reducing reproductive precluded through previous CNORS the species assessment form (see capacity. We therefore retained an LPN (most recently on September 12, 2006; ADDRESSES) for additional information of 3 for M. strigosa var. mauiensis. 71 FR 53755). However, none of the on why reclassification to endangered is findings included a formal analysis warranted-but-precluded)—The Petitions To Reclassify Species Already under our 1996 Policy Regarding the spikedace, a small fish species in a Listed Recognition of Distinct Vertebrate monotypic genus, is found in moderate- We previously made warranted-but- Population Segments (DPS) under the to-large perennial waters, where it precluded findings on five petitions Endangered Species Act (61 FR 4722– inhabits shallow riffles with sand, seeking to reclassify threatened species 4725, February 7, 1996). Under this gravel, and rubble substrates, and to endangered status. Because these policy a formal analysis of discreteness moderate-to-swift currents and swift species are already listed, they are not and significance is necessary to pools over sand or gravel substrates. technically candidates for listing and determine if the entity is a ‘‘listable This species is now common only in are not included in Table 1. However, entity.’’ While our 1999 revised 12- Aravaipa Creek and portions of the this notice and associated species month finding performed a preliminary upper Gila River in New Mexico. assessment forms also constitute the DPS analysis, it appears to have Smaller, less stable populations occur in resubmitted petition findings for these incorrectly analyzed significance to the some areas of the upper Gila, as well as species. For the three grizzly bear listed entity (i.e., grizzly bears in the in the Verde River. populations, we have not updated our lower 48 States) instead of significance The threats to this species are resubmitted petition findings through to the taxon (Ursus arctos horribilis) as primarily from nonnative aquatic this notice as explained below. For the required by our DPS policy (64 FR species and water withdrawals, other two species (spikedace and loach 26725–26733, May 17, 1999; 61 FR including groundwater pumping. Other minnow), we find that reclassification to 4722–4725, February 7, 1996; National threats include grazing, road endangered status is currently Association of Home Builders v. Norton, construction, and recreation. Spikedace

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69098 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

occur in only 5 to 10 percent of their minnow occur in only 10 to 15 percent in parentheses with the synonyms historical range, and threats occur over of their historic range, and threats occur preceded by an ‘‘equals’’ sign. Several the majority of their range, to varying over the majority of their range, to species that have not yet been formally degrees. Threats are exacerbated by varying degrees. Threats are exacerbated described in the scientific literature are ongoing drought. In addition, different by ongoing drought. In addition, included; such species are identified by threats can interact with each other to different threats can interact with each a generic or specific name (in italics), further cause decline. For example, other to further cause decline. For followed by ‘‘sp.’’ or ‘‘ssp.’’ We drought and water withdrawals may example, drought and water incorporate standardized common decrease the amount of habitat available withdrawals may decrease the amount names in these notices as they become to all species within a given stream, of habitat available to all species within available. We sorted plants by scientific forcing natives and nonnatives into a given stream, bringing natives and name due to the inconsistencies in closer proximity to one another. Effects nonnatives into closer contact. Effects common names, the inclusion of from nonnative species introductions from nonnative species introductions vernacular and composite subspecific are permanent, unless streams are are permanent, unless streams are names, and the fact that many plants actively renovated and/or barriers actively renovated and/or barriers still lack a standardized common name. installed to preclude further installed to preclude further Table 1 lists all candidate species and recolonization by nonnatives. Grazing recolonization by nonnatives. Grazing all species proposed for listing under pressures have eased somewhat as pressures have eased somewhat as the Act. We emphasize that we are not Federal agencies remove cattle from Federal agencies remove cattle from proposing these candidate species for streams directly, but upland conditions streams directly, but upland conditions listing by this notice, but we anticipate continue to degrade watersheds in continue to degrade watersheds in developing and publishing proposed general. Groundwater withdrawals or general. Groundwater withdrawals or listing rules for these species in the exchanges that affect streamflow are not exchanges that affect streamflow are not future. We encourage State agencies, reversible. For these reasons, the reversible. For these reasons, the other Federal agencies, and other parties magnitude of the threat to this species magnitude of the threats to this species to give consideration to these species in is high. In addition, most of the threats is high. In addition, most of the threats environmental planning. to this species are already ongoing, in to this species are already ongoing, in In Table 1, the ‘‘category’’ column on particular grazing, water withdrawals, particular grazing, water withdrawals, the left side of the table identifies the nonnative stocking programs, nonnative stocking programs, status of each species according to the recreational use, and drought. Because recreational use, and drought. Because following codes: threats have gone on for many years in threats have gone on for many years in PE—Species proposed for listing as the past, are associated with irreversible the past, are associated with irreversible endangered. Proposed species are commitments (i.e., water exchanges), or commitments (i.e., water exchanges), or those species for which we have are not easily reversed (i.e., nonnative are not easily reversed (i.e., nonnative published a proposed rule to list as stocking and impacts from grazing), the stocking and impacts from grazing), the endangered or threatened in the threats to the species are imminent. threats to this species are imminent. Federal Register. This category does Therefore, we assigned this species an Therefore, we assigned this species an not include species for which we have LPN of 1 for uplisting to endangered. LPN of 1 for uplisting to endangered. withdrawn or finalized the proposed (3) Loach minnow (Tiaroga cobitis) rule. (Region 2) (see 59 FR 35303, July 11, Current Notice of Review PT—Species proposed for listing as 1994, and the species assessment form We gather data on plants and animals threatened. (see ADDRESSES) for additional native to the U.S. that appear to merit PSAT—Species proposed for listing as information on why reclassification to consideration for addition to the Lists of threatened due to similarity of endangered is warranted-but- Endangered and Threatened Wildlife appearance. precluded)—This small fish, the only and Plants. This notice identifies those C—Candidates: Species for which we species within the genus, is found in species that we currently regard as have on file sufficient information on small-to-large perennial streams and candidates for addition to the Lists. biological vulnerability and threats to uses shallow, turbulent riffles with These candidates include species and support proposals to list them as primarily cobble substrate and swift subspecies of fish, wildlife, or plants endangered or threatened. Issuance of currents. This species is now common and DPSs of vertebrate animals. This proposed rules for these species is only in Aravaipa Creek and the Blue compilation relies on information from precluded at present by other higher- River in Arizona, and limited portions status surveys conducted for candidate priority listing actions. This category of the San Francisco, upper Gila, and assessment and on information from includes species for which we made Tularosa rivers in New Mexico. Smaller, State Natural Heritage Programs, other a 12-month warranted-but-precluded less stable populations occur in some State and Federal agencies, finding on a petition to list. We made areas of the upper Gila, such as the knowledgeable scientists, public and new findings on all petitions for Middle Fork and in small areas of private natural resource interests, and which we previously made several tributary streams to Aravaipa comments received in response to ‘‘warranted-but-precluded’’ findings. Creek and the Blue and Tularosa rivers, previous notices of review. We identify the species for which we such as Pace, Frieborn, Negrito, Turkey, Tables 1 and 2 list animals arranged made a continued warranted-but- and Deer creeks. Small populations are alphabetically by common names under precluded finding on a resubmitted also present in Eagle Creek and the the major group headings and list plants petition by the code ‘‘C*’’ in the Black River. alphabetically by names of genera, category column (see ‘‘Findings on The threats to this species are species, and relevant subspecies and Resubmitted Petitions’’ section for primarily from nonnative aquatic varieties. Animals are grouped by class additional information). species and water withdrawals, or order. Plants are subdivided into two The ‘‘Priority’’ column indicates the including groundwater pumping. Other groups: (1) Flowering plants and (2) LPN for each candidate species which threats include grazing, road ferns and their allies. Useful synonyms we use to determine the most construction, and recreation. Loach and subgeneric scientific names appear appropriate use of our available

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69099

resources. The lowest numbers have the L—Species we added to the Lists of Michigan, Minnesota, Missouri, highest priority. We assign LPNs based Endangered and Threatened Wildlife and Ohio, and Wisconsin. Regional on the immediacy and magnitude of Plants. Director (TE), U.S. Fish and threats as well as on taxonomic status. M—Species we mistakenly included as Wildlife Service, Bishop Henry candidates or proposed species in the last Whipple Federal Building, One We published a complete description of notice of review. our listing priority system in the N—Species that are not listable entities Federal Drive, Fort Snelling, MN Federal Register (48 FR 43098, based on the Act’s definition of ‘‘species’’ 55111–4056 (612/713–5334). September 21, 1983). and current taxonomic understanding. Region 4. Alabama, Arkansas, Florida, The third column, ‘‘Lead Region,’’ U—Species not subject to the degree of Georgia, Kentucky, Louisiana, identifies the Regional Office to which threats sufficient to warrant issuance of a Mississippi, North Carolina, South proposed listing or continuance of candidate Carolina, Tennessee, Puerto Rico, you should direct comments or status due, in part or totally, to conservation and the U.S. Virgin Islands. questions (see addresses at the end of efforts that remove or reduce the threats to Regional Director (TE), U.S. Fish the SUPPLEMENTARY INFORMATION the species. and Wildlife Service, 1875 Century section). X—Species we believe to be extinct. Boulevard, Suite 200, Atlanta, GA Following the scientific name (fourth The columns describing lead region, 30345 (404/679–4156). column) and the family designation scientific name, family, common name, Region 5. Connecticut, Delaware, (fifth column) is the common name and historical range include information District of Columbia, Maine, (sixth column). The seventh column as previously described for Table 1. Maryland, Massachusetts, New provides the known historic range for Hampshire, New Jersey, New York, the species or vertebrate population (for Request for Information Pennsylvania, Rhode Island, vertebrate populations, this is the We request you submit any further Vermont, Virginia, and West historic range for the entire species or information on the species named in Virginia. Regional Director (TE), subspecies and not just the historic this notice as soon as possible or U.S. Fish and Wildlife Service, 300 range for the distinct population whenever it becomes available. We are Westgate Center Drive, Hadley, MA segment), indicated by postal code particularly interested in any 01035–9589 (413/253–8615). abbreviations for States and U.S. information: Region 6. Colorado, Kansas, Montana, territories. Many species no longer (1) Indicating that we should add a Nebraska, North Dakota, South occur in all of the areas listed. species to the list of candidate species; Dakota, Utah, and Wyoming. Species in Table 2 of this notice are (2) Indicating that we should remove Regional Director (TE), U.S. Fish species we included either as proposed a species from candidate status; and Wildlife Service, P.O. Box species or as candidates in the previous (3) Recommending areas that we 25486, Denver Federal Center, CNOR (published May 11, 2005) that are should designate as critical habitat for a Denver, CO 80225–0486 (303/236– no longer proposed species or species, or indicating that designation of 7400). candidates for listing. Since May 11, critical habitat would not be prudent for Region 7. Alaska. Regional Director 2005, we removed two species from a species; (TE), U.S. Fish and Wildlife proposed status and removed six (4) Documenting threats to any of the Service, 1011 East Tudor Road, species from candidate status for the included species; Anchorage, AK 99503–6199 (907/ reasons indicated by the codes. The first (5) Describing the immediacy or 786–3505). Region 8. California and Nevada. column indicates the present status of magnitude of threats facing candidate Regional Director (TE), U.S. Fish the species, using the following codes species; and Wildlife Service, 2800 Cottage (not all of these codes may have been (6) Pointing out taxonomic or Way, Suite W2606, Sacramento, CA used in this CNOR): nomenclature changes for any of the species; 95825. E—Species we listed as endangered. (7) Suggesting appropriate common We will provide comments received T—Species we listed as threatened. names; and in response to the previous CNOR to the Rc—Species we removed from the (8) Noting any mistakes, such as Region having lead responsibility for candidate list because currently available each candidate species mentioned in the information does not support a proposed errors in the indicated historical ranges. listing. Submit your comments regarding a comment. We will likewise consider all Rp—Species we removed from the particular species to the Regional information provided in response to this candidate list because we have withdrawn Director of the Region identified as CNOR in deciding whether to propose the proposed listing. having the lead responsibility for that species for listing and when to species. The regional addresses follow: undertake necessary listing actions The second column indicates why we Region 1. Hawaii, Idaho, Oregon, (including whether emergency listing no longer regard the species as a Washington, American Samoa, pursuant to section 4(b)(7) of the Act is candidate or proposed species using the Guam, and Commonwealth of the appropriate). Comments we receive will following codes (not all of these codes Northern Mariana Islands. Regional become part of the administrative record may have been used in this CNOR): Director (TE), U.S. Fish and for the species, which we maintain at A—Species that are more abundant or Wildlife Service, Eastside Federal the appropriate Regional Office. widespread than previously believed and Complex, 911 N.E. 11th Avenue, Our practice is to make comments, species that are not subject to the degree of Portland, OR 97232–4181 (503/231– including names and home addresses of threats sufficient to warrant continuing 6158). respondents, available for public review candidate status, or issuing a proposed or Region 2. Arizona, New Mexico, during regular business hours. final listing. Oklahoma, and Texas. Regional Individual respondents may request that F—Species whose range no longer includes a U.S. territory. Director (TE), U.S. Fish and we withhold their home addresses from I—Species for which we have insufficient Wildlife Service, 500 Gold Avenue the rulemaking record, which we will information on biological vulnerability and SW., Room 4012, Albuquerque, NM honor to the extent allowable by law. threats to support issuance of a proposed rule 87102 (505/248–6920). There also may be circumstances in to list. Region 3. Illinois, Indiana, Iowa, which we would withhold from the

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69100 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

record a respondent’s identity, as Information Act. However, we will not Authority allowable by law. If you wish us to consider anonymous comments. We This notice of review is published withhold your name and/or address, will make all submissions from under the authority of the Endangered you must state this prominently at the organizations or businesses, and from Species Act (16 U.S.C. 1531 et seq.). beginning of your comment, but you individuals identifying themselves as should be aware that the Service may be representatives or officials of Dated: November 27, 2007. required to disclose your name and organizations or businesses, available H. Dale Hall, address pursuant to the Freedom of for public inspection in their entirety. Director, Fish and Wildlife Service. TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS) [Note: See end of Supplementary Information for an explanation of symbols used in this table.]

Status Lead re- Scientific name Family Common name Historic range Category Priority gion

MAMMALS C* ...... 3 R1 ...... Emballonura semicaudata Emballonuridae ...... Bat, Pacific sheath-tailed U.S.A. (GU, CNMI). rotensis. (Mariana Islands sub- species). C* ...... 3 R1 ...... Emballonura semicaudata Emballonuridae ...... Bat, Pacific sheath-tailed U.S.A. (AS), Fiji, Inde- semicaudata. (American Samoa DPS). pendent Samoa, Tonga, Vanuatu. PT ...... 2 R7 ...... Ursus maritimus ...... Ursidae ...... Bear, polar ...... U.S.A. (AK), Canada, Russia, Denmark Greenland), Norway. C* ...... 2 R5 ...... Sylvilagus transitionalis ... Leporidae ...... Cottontail, New England .. U.S.A. (CT, MA, ME, NH, NY, RI, VT). C* ...... 6 R8 ...... Martes pennanti ...... Mustelidae ...... Fisher (west coast DPS) U.S.A. (CA, CT, IA, ID, IL, IN, KY, MA, MD,ME, MI, MN, MT, ND, NH, NJ, NY, OH, OR, PA, RI, TN, UT, VA, VT, WA, WI, WV, WY), Canada. C ...... 3 R2 ...... Zapus hudsonius luteus .. Zapodidae ...... Mouse, New Mexico U.S.A. (AZ, CO, NM). meadow jumping. C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Shelton ... U.S.A. (WA). couchi. C ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Brush U.S.A. (WA). douglasii. Prairie. C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Roy Prai- U.S.A. (WA). glacialis. rie. C* ...... 3 R1 ...... Thomomys mazama louiei Geomyidae ...... Pocket gopher, Cathlamet U.S.A. (WA). C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Olympic .. U.S.A. (WA). melanops. C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Olympia .. U.S.A. (WA). pugetensis. C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Tacoma .. U.S.A. (WA). tacomensis. C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Tenino .... U.S.A. (WA). tumuli. C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Yelm ...... U.S.A. (WA). yelmensis. C* ...... 3 R8 ...... Spermophilus Sciuridae ...... Squirrel, Palm Springs ..... U.S.A. (CA). tereticaudus chlorus. (= Coachella Valley) round-tailed ground. C* ...... 9 R1 ...... Spermophilus brunneus Sciuridae ...... Squirrel, Southern Idaho U.S.A. (ID). endemicus. ground. C* ...... 5 R1 ...... Spermophilus washingtoni Sciuridae ...... Squirrel, Washington U.S.A. (WA, OR). ground.

BIRDS C* ...... 3 R1 ...... Porzana tabuensis ...... Rallidae ...... Crake, spotless (Amer- U.S.A. (AS), Australia, ican Samoa DPS). Fiji, Independent Samoa, Marquesas, Philippines, Society Is- lands, Tonga. C* ...... 2 R1 ...... Oreomystis bairdi ...... Fringillidae ...... Creeper, Kauai ...... U.S.A. (HI). C* ...... 3 R8 ...... Coccyzus americanus ..... Cuculidae ...... Cuckoo, yellow-billed U.S.A. (Lower 48 States), (Western U.S. DPS). Canada, Mexico, Cen- tral and South America. C* ...... 9 R1 ...... Gallicolumba stairi ...... Columbidae ...... Ground-dove, friendly U.S.A. (AS), Independent (American Samoa DPS). Samoa. C* ...... 3 R1 ...... Eremophila alpestris Alaudidae ...... Horned lark, streaked ...... U.S.A. (OR, WA), Canada strigata. (BC). C* ...... 6 R5 ...... Calidris canutus rufa ...... Scolopacidae ...... Knot, red ...... U.S.A. (Atlantic coast), Canada, South Amer- ica. C* ...... 2 R7 ...... Brachyramphus Alcidae ...... Murrelet, Kittlitz’s ...... U.S.A. (AK), Russia. brevirostris. C* ...... 5 R8 ...... Synthliboramphus Alcidae ...... Murrelet, Xantus’s ...... U.S.A. (CA), Mexico. hypoleucus.

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69101

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of Supplementary Information for an explanation of symbols used in this table.]

Status Lead re- Scientific name Family Common name Historic range Category Priority gion

C* ...... 8 R2 ...... Tympanuchus Phasianidae ...... Prairie-chicken, lesser ..... U.S.A. (CO, KA, NM, OK, pallidicinctus. TX). C* ...... 6 R1 ...... Centrocercus Phasianidae ...... Sage-grouse, greater (Co- U.S.A. (AZ, CA, CO, ID, urophasianus. lumbia Basin DPS). MT, ND, NE, NV, OR, SD, UT, WA, WY), Canada (AB, BC, SK). C* ...... 3 R1 ...... Oceanodroma castro ...... Hydrobatidae ...... Storm-petrel, band- U.S.A. (HI), Atlantic rumped (Hawaii DPS). Ocean, Ecuador (Gala- pagos Islands), Japan. C* ...... 5 R4 ...... Dendroica angelae ...... Emberizidae ...... Warbler, elfin-woods ...... U.S.A. (PR). REPTILES C* ...... 2 R2 ...... Sceloporus arenicolus ..... Iguanidae ...... Lizard, sand dune ...... U.S.A. (TX, NM). C* ...... 9 R3 ...... Sistrurus catenatus Viperidae ...... Massasauga U.S.A. (IA, IL, IN, MI, MO, catenatus. (= rattlesnake), eastern. MN, NY, OH, PA, WI), Canada. C* ...... 3 R4 ...... Pituophis melanoleucus Colubridae ...... Snake, black pine ...... U.S.A. (AL, LA, MS). lodingi. C* ...... 5 R4 ...... Pituophis ruthveni ...... Colubridae ...... Snake, Louisiana pine ..... U.S.A. (LA, TX). C* ...... 3 R2 ...... Kinosternon sonoriense Kinosternidae ...... Turtle, Sonoyta mud ...... U.S.A. (AZ), Mexico. longifemorale. AMPHIBIANS C* ...... 9 R8 ...... Rana luteiventris ...... Ranidae ...... Frog, Columbia spotted U.S.A. (AK, ID, MT, NV, (Great Basin DPS). OR, UT, WA, WY), Canada (BC). C* ...... 3 R8 ...... Rana muscosa ...... Ranidae ...... Frog, mountain yellow- U.S.A (CA, NV). legged (Sierra Nevada DPS). C* ...... 2 R1 ...... Rana pretiosa ...... Ranidae ...... Frog, Oregon spotted ...... U.S.A. (CA, OR, WA), Canada (BC). C* ...... 11 R8 ...... Rana onca ...... Ranidae ...... Frog, relict leopard ...... U.S.A. (AZ, NV, UT). C* ...... 3 R3 ...... Cryptobranchus Crytobranchidae ...... Hellbender, Ozark ...... U.S.A. (AR, MO). alleganiensis bishopi. C* ...... 2 R2 ...... Eurycea waterlooensis .... Plethodontidae ...... Salamander, Austin blind U.S.A. (TX). C* ...... 2 R2 ...... Eurycea naufragia ...... Plethodontidae ...... Salamander, Georgetown U.S.A. (TX). C* ...... 2 R2 ...... Eurycea chisholmensis .... Plethodontidae ...... Salamander, Salado ...... U.S.A. (TX). C* ...... 11 R8 ...... Bufo canorus ...... Bufonidae ...... Toad, Yosemite ...... U.S.A. (CA). C ...... 3 R2 ...... Hyla wrightorum ...... Hylidae ...... Treefrog, Arizona U.S.A. (AZ), Mexico (So- (Huachuca/Canelo nora). DPS). C* ...... 8 R4 ...... Necturus alabamensis ..... Proteidae ...... Waterdog, black warrior .. U.S.A. (AL). (= Sipsey Fork) ...... FISHES C* ...... 2 R2 ...... Gila nigra ...... Cyprinidae ...... Chub, headwater ...... U.S.A. (AZ, NM). C ...... 5 R4 ...... Phoxinus saylori ...... Cyprinidae ...... Dace, laurel ...... U.S.A. (TN). C* ...... 11 R6 ...... Etheostoma cragini ...... Percidae ...... Darter, Arkansas ...... U.S.A. (AR, CO, KS, MO, OK). C* ...... 5 R4 ...... Etheostoma susanae ...... Percidae ...... Darter, Cumberland ...... U.S.A. (KY, TN). C* ...... 5 R4 ...... Percina aurora ...... Percidae ...... Darter, Pearl ...... U.S.A. (LA, MS). C* ...... 2 R4 ...... Etheostoma phytophilum Percidae ...... Darter, rush ...... U.S.A. (AL). C* ...... 2 R4 ...... Etheostoma moorei ...... Percidae ...... Darter, yellowcheek ...... U.S.A (AR). C* ...... 2 R4 ...... Noturus crypticus ...... Ictaluridae ...... Madtom, chucky ...... U.S.A. (TN). C ...... 5 R4 ...... Moxostoma sp...... Catostomidae ...... Redhorse, sicklefin ...... U.S.A. (GA, NC, TN). C* ...... 2 R3 ...... Cottus sp...... Cottidae ...... Sculpin, grotto ...... U.S.A. (MO). C* ...... 5 R2 ...... Notropis oxyrhynchus ...... Cyprinidae ...... Shiner, sharpnose ...... U.S.A. (TX). C* ...... 5 R2 ...... Notropis buccula ...... Cyprinidae ...... Shiner, smalleye ...... U.S.A. (TX). C* ...... 3 R2 ...... Catostomus discobolus Catostomidae ...... Sucker, Zuni bluehead .... U.S.A. (AZ, NM). yarrowi. PSAT ...... N/A R1 ...... Salvelinus malma ...... Salmonidae ...... Trout, Dolly Varden ...... U.S.A. (AK, WA), Can- ada, East Asia. CLAMS C ...... 5 R4 ...... Villosa choctawensis ...... Unionidae ...... Bean, Choctaw ...... U.S.A. (AL, FL). C ...... 2 R3 ...... Villosa fabalis ...... Unionidae ...... Bean, rayed ...... U.S.A. (IL, IN, KY, MI, NY, OH, TN, PA, VA, WV), Canada (ON). C ...... 2 R4 ...... Fusconaia rotulata ...... Unionidae ...... Ebonyshell, round ...... U.S.A. (AL, FL). C* ...... 2 R2 ...... Popenaias popei ...... Unionidae ...... Hornshell, Texas ...... U.S.A. (NM, TX), Mexico. C* ...... 2 R4 ...... Ptychobranchus Unionidae ...... Kidneyshell, fluted ...... U.S.A. (AL, KY, TN, VA). subtentum. C ...... 2 R4 ...... Ptychobranchus jonesi .... Unionidae ...... Kidneyshell, southern ...... U.S.A. (AL, FL). C* ...... 5 R4 ...... Lampsilis rafinesqueana .. Unionidae ...... Mucket, Neosho ...... U.S.A. (AR, KS, MO, OK). C ...... 2 R3 ...... Plethobasus cyphyus ...... Unionidae ...... Mussel, sheepnose ...... U.S.A. (AL, IA, IL, IN, KY, MN, MO, MS, OH, PA, TN, VA, WI, WV). C* ...... 2 R4 ...... Margaritifera marrianae ... Margaritiferidae ...... Pearlshell, Alabama ...... U.S.A. (AL). C* ...... 5 R4 ...... Lexingtonia dolabelloides Unionidae ...... Pearlymussel, slabside .... U.S.A. (AL, KY, TN, VA). C ...... 5 R4 ...... Pleurobema strodeanum Unionidae ...... Pigtoe, fuzzy ...... U.S.A. (AL, FL). C* ...... 2 R4 ...... Pleurobema hanleyianum Unionidae ...... Pigtoe, Georgia ...... U.S.A. (AL, GA, TN).

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69102 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of Supplementary Information for an explanation of symbols used in this table.]

Status Lead re- Scientific name Family Common name Historic range Category Priority gion

C ...... 5 R4 ...... Fusconaia escambia ...... Unionidae ...... Pigtoe, narrow ...... U.S.A. (AL, FL). C ...... 11 R4 ...... Quincuncina burkei ...... Unionidae ...... Pigtoe, tapered ...... U.S.A. (AL, FL). C ...... 5 R4 ...... Hamiota (= Lampsilis) Unionidae ...... Sandshell, southern ...... U.S.A. (AL, FL). australis. C ...... 4 R3 ...... Cumberlandia monodonta Margaritiferidae ...... Spectaclecase ...... U.S.A. (AL, AR, IA, IN, IL, KS, KY, MO, MN, NE, OH, TN, VA, WI, WV). C* ...... 2 R4 ...... Elliptio spinosa ...... Unionidae ...... Spinymussel, Altamaha ... U.S.A. (GA). SNAILS C ...... 2 R4 ...... Pleurocera foremani ...... Pleuroceridae ...... Hornsnail, rough ...... U.S.A. (AL). C ...... 8 R4 ...... Elimia melanoides ...... Pleuroceridae ...... Mudalia, black ...... U.S.A. (AL) C* ...... 9 R6 ...... Oreohelix peripherica Oreohelicidae ...... Mountainsnail, Ogden ..... U.S.A. (UT). wasatchensis. C* ...... 8 R6 ...... Stagnicola bonnevillensis Lymnaeidae ...... Pondsnail, fat-whorled ..... U.S.A. (UT). (= Bonneville) ...... C* ...... 2 R4 ...... Leptoxis foremani ...... Pleuroceridae ...... Rocksnail, Interrupted ...... U.S.A. (GA, AL). (= downei) ...... (= Georgia) ...... C* ...... 2 R1 ...... Ostodes strigatus ...... Potaridae ...... Sisi snail ...... U.S.A. (AS). C* ...... 2 R2 ...... Pseudotryonia Hydrobiidae ...... Snail, Diamond Y Spring U.S.A. (TX). adamantina. C* ...... 2 R1 ...... Samoana fragilis ...... Partulidae ...... Snail, fragile tree ...... U.S.A. (GU, MP). C* ...... 2 R1 ...... Partula radiolata ...... Partulidae ...... Snail, Guam tree ...... U.S.A. (GU). C* ...... 2 R1 ...... Partula gibba ...... Partulidae ...... Snail, Humped tree ...... U.S.A. (GU, MP). C* ...... 2 R1 ...... Partulina semicarinata ..... Achatinellidae ...... Snail, Lanai tree ...... U.S.A. (HI). C* ...... 2 R1 ...... Partulina variabilis ...... Achatinellidae ...... Snail, Lanai tree ...... U.S.A. (HI). C* ...... 2 R1 ...... Partula langfordi ...... Partulidae ...... Snail, Langford’s tree ...... U.S.A. (MP). C* ...... 2 R2 ...... Cochliopa texana ...... Hydrobiidae ...... Snail, Phantom cave ...... U.S.A. (TX). C* ...... 2 R1 ...... Newcombia cumingi ...... Achatinellidae ...... Snail, Newcomb’s tree ..... U.S.A. (Hl). C* ...... 2 R1 ...... Eua zebrina ...... Partulidae ...... Snail, Tutuila tree ...... U.S.A. (AS). C* ...... 2 R2 ...... Pyrgulopsis chupaderae .. Hydrobiidae ...... Springsnail, Chupadera ... U.S.A. (NM). C* ...... 2 R8 ...... Pyrgulopsis notidicola ...... Hydrobiidae ...... Springsnail, elongate mud U.S.A. (NV). meadows. C* ...... 11 R2 ...... Pyrgulopsis gilae ...... Hydrobiidae ...... Springsnail, Gila ...... U.S.A. (NM). C* ...... 2 R2 ...... Tryonia circumstriata ...... Hydrobiidae ...... Springsnail, Gonzales ...... U.S.A. (TX). (= stocktonensis) ...... C* ...... 8 R2 ...... Pyrgulopsis thompsoni .... Hydrobiidae ...... Springsnail, Huachuca .... U.S.A. (AZ), Mexico. C* ...... 11 R2 ...... Pyrgulopsis thermalis ...... Hydrobiidae ...... Springsnail, New Mexico U.S.A. (NM). C* ...... 2 R2 ...... Pyrgulopsis morrisoni ...... Hydrobiidae ...... Springsnail, Page ...... U.S.A. (AZ). C* ...... 2 R2 ...... Tryonia cheatumi ...... Hydrobiidae ...... Springsnail (= Tryonia), U.S.A. (TX). Phantom. C* ...... 2 R2 ...... Pyrgulopsis bernardina .... Hydrobiidae ...... Springsnail, San U.S.A. (AZ), Mexico (So- Bernardino. nora). C* ...... 2 R2 ...... Pyrgulopsis trivialis ...... Hydrobiidae ...... Springsnail, Three Forks U.S.A. (AZ). INSECTS C* ...... 8 R1 ...... Nysius wekiuicola ...... Lygaeidae ...... Bug, Wekiu ...... U.S.A. (HI). C ...... 3 R4 ...... Strymon acis bartrami ..... Lycaenidae ...... Butterfly, Bartram’s U.S.A. (FL). hairstreak. C ...... 3 R4 ...... Anaea troglodyta floridalis Nymphalidae ...... Butterfly, Florida leafwing U.S.A. (FL). C* ...... 3 R1 ...... Hypolimnas octucula Nymphalidae ...... Butterfly, Mariana eight- U.S.A. (GU, MP). mariannensis. spot. C* ...... 2 R1 ...... Vagrans egistina ...... Nymphalidae ...... Butterfly, Mariana wan- U.S.A. (GU, MP). dering. C* ...... 6 R4 ...... Cyclargus thomasi Lycaenidae ...... Butterfly, Miami blue ...... U.S.A. (FL), Bahamas. bethunebakeri. C* ...... 5 R4 ...... Glyphopsyche sequatchie Limnephilidae ...... Caddisfly, Sequatchie ...... U.S.A. (TN). C ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Baker Sta- U.S.A. (TN). insularis. tion (= insular). C* ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Clifton ...... U.S.A. (KY). caecus. C ...... 11 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Coleman ..... U.S.A. (TN). colemanensis. C ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Fowler’s ...... U.S.A. (TN). fowlerae. C* ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, icebox ...... U.S.A. (KY). frigidus. C ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Indian Grave U.S.A. (TN). tiresias. Point (= Soothsayer). C* ...... 5 R4 ...... Pseudanophthalmus in- Carabidae ...... Cave beetle, inquirer ...... U.S.A. (TN). quisitor. C* ...... 5 R4 ...... Pseudanophthalmus trog- Carabidae ...... Cave beetle, Louisville .... U.S.A. (KY). lodytes. C ...... 5 R4 ...... Pseudanophthalmus pau- Carabidae ...... Cave beetle, Noblett’s ..... U.S.A. (TN). lus. C* ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Tatum ...... U.S.A. (KY) parvus. C* ...... 3 R1 ...... Euphydryas editha taylori Nymphalidae ...... Checkerspot butterfly, U.S. A. (OR, WA), Can- Taylor’s (= Whulge). ada (BC).

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69103

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of Supplementary Information for an explanation of symbols used in this table.]

Status Lead re- Scientific name Family Common name Historic range Category Priority gion

C* ...... 9 R1 ...... Megalagrion Coenagrionidae ...... Damselfly, blackline Ha- U.S.A. (HI). nigrohamatum waiian. nigrolineatum. C* ...... 2 R1 ...... Megalagrion leptodemas Coenagrionidae ...... Damselfly, crimson Ha- U.S.A. (HI). waiian. C* ...... 2 R1 ...... Megalagrion nesiotes ...... Coenagrionidae ...... Damselfly, flying earwig U.S.A. (HI). Hawaiian. C* ...... 2 R1 ...... Megalagrion oceanicum .. Coenagrionidae ...... Damselfly, oceanic Ha- U.S.A. (HI). waiian. C* ...... 8 R1 ...... Megalagrion xanthomelas Coenagrionidae ...... Damselfly, orangeblack U.S.A. (HI). Hawaiian. C* ...... 2 R1 ...... Megalagrion pacificum ..... Coenagrionidae ...... Damselfly, Pacific Hawai- U.S.A. (HI). ian. C* ...... 2 R8 ...... Dinacoma caseyi ...... Scarabidae ...... June beetle, Casey’s ...... U.S.A. (CA). C ...... 5 R8 ...... Ambrysus funebris ...... Naucoridae ...... Naucorid bug (= Furnace U.S.A. (CA). Creek), Nevares Spring. C* ...... 2 R1 ...... Drosophila attigua ...... Drosophilidae ...... fly, Picture-wing ...... U.S.A. (HI). C* ...... 2 R1 ...... Drosophila digressa ...... Drosophilidae ...... fly, Picture-wing U.S.A. (HI). [unnamed]. C* ...... 8 R2 ...... Heterelmis stephani ...... Elmidae ...... Riffle beetle, Stephan’s ... U.S.A. (AZ). C* ...... 8 R3 ...... Hesperia dacotae ...... Hesperiidae ...... Skipper, Dakota ...... U.S.A. (MN, IA, SD, ND, IL), Canada. C* ...... 5 R1 ...... Polites mardon ...... Hesperiidae ...... Skipper, Mardon ...... U.S.A. (CA, OR, WA). C* ...... 8 R6 ...... Cicindela albissima ...... Cicindelidae ...... Tiger beetle, Coral Pink U.S.A. (UT). Sand Dunes. C* ...... 5 R4 ...... Cicindela highlandensis ... Cicindelidae ...... Tiger beetle, highlands .... U.S.A. (FL).

ARACHNIDS C* ...... 2 R2 ...... Cicurina wartoni ...... Dictynidae ...... Meshweaver, Warton U.S.A. (TX). cave.

CRUSTACEANS C ...... 2 R2 ...... Gammarus hyalleloides ... Gammaridae ...... Amphipod, diminutive ...... U.S.A. (TX). C* ...... 5 R1 ...... Metabetaeus lohena ...... Alpheidae ...... Shrimp, anchialine pool ... U.S.A. (HI). C* ...... 5 R1 ...... Palaemonella burnsi ...... Palaemonidae ...... Shrimp, anchialine pool ... U.S.A. (HI). C* ...... 5 R1 ...... Procaris hawaiana ...... Procarididae ...... Shrimp, anchialine pool ... U.S.A. (HI). C* ...... 4 R1 ...... Vetericaris chaceorum ..... Procaridae ...... Shrimp, anchialine pool ... U.S.A. (HI). C* ...... 11 R4 ...... Typhlatya monae ...... Atyidae ...... Shrimp, troglobitic U.S.A. (PR), Barbuda, groundwater. Dominican Republic.

FLOWERING PLANTS C* ...... 11 R8 ...... Abronia alpina ...... Nyctaginaceae ...... Sand-verbena, Ramshaw U.S.A. (CA). Meadows. C* ...... 8 R4 ...... Arabis georgiana ...... Brassicaceae ...... Rockcress, Georgia ...... U.S.A. (AL, GA). C* ...... 11 R4 ...... Argythamnia blodgettii ..... Euphorbiaceae ...... Silverbush, Blodgett’s ...... U.S.A. (FL). C* ...... 3 R1 ...... Artemisia campestris var. Asteraceae ...... Wormwood, northern ...... U.S.A. (OR, WA). wormskioldii. C* ...... 2 R1 ...... Astelia waialealae ...... Liliaceae ...... Pa1iniu ...... U.S.A. (HI). C* ...... 11 R6 ...... Astragalus tortipes ...... Fabaceae ...... Milk-vetch, Sleeping Ute .. U.S.A. (CO). C* ...... 2 R1 ...... Bidens amplectens ...... Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). C* ...... 3 R1 ...... Bidens campylotheca Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). pentamera. C* ...... 3 R1 ...... Bidens campylotheca Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). waihoiensis. C* ...... 8 R1 ...... Bidens conjuncta ...... Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). C* ...... 3 R1 ...... Bidens micrantha Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). ctenophylla. C* ...... 8 R4 ...... Brickellia mosieri ...... Asteraceae ...... Brickell-bush, Florida ...... U.S.A. (FL). C* ...... 2 R1 ...... Calamagrostis expansa ... Poaceae ...... Reedgrass, Maui ...... U.S.A. (HI). C* ...... 2 R1 ...... Calamagrostis hillebrandii Poaceae ...... Reedgrass, Hillebrand’s .. U.S.A. (HI). C* ...... 5 R4 ...... Calliandra locoensis ...... Mimosaceae ...... No common name ...... U.S.A. (PR). C* ...... 5 R8 ...... Calochortus persistens .... Liliaceae ...... Mariposa lily, Siskiyou ..... U.S.A. (CA, OR). C* ...... 5 R4 ...... Calyptranthes estremerae Myrtaceae ...... No common name ...... U.S.A. (PR). C* ...... 2 R1 ...... Canavalia napaliensis ...... Fabaceae ...... 1Awikiwiki ...... U.S.A. (HI). C* ...... 2 R1 ...... Canavalia pubescens ...... Fabaceae ...... 1Awikiwiki ...... U.S.A. (HI). C* ...... 8 R1 ...... Castilleja christii ...... Scrophulariaceae ...... Paintbrush, Christ’s ...... U.S.A. (ID). C* ...... 9 R4 ...... Chamaecrista lineata var. Fabaceae ...... Pea, Big Pine partridge ... U.S.A. (FL). keyensis. C* ...... 12 R4 ...... Chamaesyce deltoidea Euphorbiaceae ...... Sandmat, pineland ...... U.S.A. (FL). pinetorum. C* ...... 9 R4 ...... Chamaesyce deltoidea Euphorbiaceae ...... Spurge, wedge ...... U.S.A. (FL). serpyllum. C* ...... 2 R1 ...... Chamaesyce eleanoriae .. Euphorbiaceae ...... 1Akoko ...... U.S.A. (HI). C* ...... 3 R1 ...... Chamaesyce remyi var. Euphorbiaceae ...... 1Akoko ...... U.S.A. (HI). kauaiensis. C* ...... 3 R1 ...... Chamaesyce remyi var. Euphorbiaceae ...... 1Akoko ...... U.S.A. (HI). remyi. C* ...... 2 R1 ...... Charpentiera densiflora ... Amaranthaceae ...... Papala ...... U.S.A. (HI).

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69104 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of Supplementary Information for an explanation of symbols used in this table.]

Status Lead re- Scientific name Family Common name Historic range Category Priority gion

C* ...... 6 R8 ...... Chorizanthe parryi var. Polygonaceae ...... Spineflower, San Fer- U.S.A. (CA). fernandina. nando Valley. C* ...... 2 R4 ...... Chromolaena frustrata ..... Asteraceae ...... Thoroughwort, Cape U.S.A. (FL). Sable. C* ...... 2 R4 ...... Consolea corallicola ...... Cactaceae ...... Cactus, Florida sema- U.S.A. (FL). phore. C* ...... 5 R4 ...... Cordia rupicola ...... Boraginaceae ...... No common name ...... U.S.A. (PR), Anegada. C* ...... 2 R1 ...... Cyanea asplenifolia ...... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea calycina ...... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea eleeleensis ...... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea kuhihewa ...... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea kunthiana ...... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea lanceolata ...... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea obtusa ...... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea tritomantha ...... Campanulaceae ...... 1aku 1aku ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra filipes ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra kaulantha ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra oenobarba ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra oxybapha ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra sessilis ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 3 R4 ...... Dalea carthagenensis var. Fabaceae ...... Prairie-clover, Florida ...... U.S.A. (FL). floridana. C* ...... 5 R5 ...... Dichanthelium hirstii ...... Poaceae ...... Panic grass, Hirsts’ ...... U.S.A. (DE, GA, NC, NJ). C* ...... 5 R4 ...... Digitaria pauciflora ...... Poaceae ...... Crabgrass, Florida pine- U.S.A. (FL). land. C* ...... 3 R1 ...... Dubautia imbricata Asteraceae ...... Na1ena1e ...... U.S.A. (HI). imbricata. C* ...... 3 R1 ...... Dubautia plantaginea Asteraceae ...... Na1ena1e ...... U.S.A. (HI). magnifolia. C* ...... 2 R1 ...... Dubautia waialealae ...... Asteraceae ...... Na1ena1e ...... U.S.A. (HI). C* ...... 3 R2 ...... Echinomastus Cactaceae ...... Cactus, Acuna ...... U.S.A. (AZ), Mexico. erectocentrus var. acunensis. C* ...... 8 R2 ...... Erigeron lemmonii ...... Asteraceae ...... Fleabane, Lemmon ...... U.S.A. (AZ). C* ...... 2 R1 ...... Eriogonum codium ...... Polygonaceae ...... Buckwheat, Umtanum U.S.A. (WA). Desert. C ...... 6 R8 ...... Eriogonum corymbosum Polygonaceae ...... Buckwheat, Las Vegas .... U.S.A. (NV). var. nilesii. C ...... 2 R8 ...... Eriogonum diatomaceum Polygonaceae ...... Buckwheat, Churchill Nar- U.S.A. (NV). rows. C* ...... 5 R8 ...... Eriogonum kelloggii ...... Polygonaceae ...... Buckwheat, Red Mountain U.S.A. (CA). C* ...... 2 R1 ...... Festuca hawaiiensis ...... Poaceae ...... No common name ...... U.S.A. (HI). C* ...... 11 R2 ...... Festuca ligulata ...... Poaceae ...... Fescue, Guadalupe ...... U.S.A. (TX), Mexico. C* ...... 2 R1 ...... Gardenia remyi ...... Rubiaceae ...... Nanu ...... U.S.A. (HI). C* ...... 8 R1 ...... Geranium hanaense ...... Geraniaceae ...... Nohoanu ...... U.S.A. (HI). C* ...... 8 R1 ...... Geranium hillebrandii ...... Geraniaceae ...... Nohoanu ...... U.S.A. (HI). C* ...... 5 R1 ...... Geranium kauaiense ...... Geraniaceae ...... Nohoanu ...... U.S.A. (HI). C* ...... 5 R4 ...... Gonocalyx concolor ...... Ericaceae ...... No common name ...... U.S.A. (PR). C ...... 5 R4 ...... Harrisia aboriginum ...... Cactaceae ...... Pricklyapple, aboriginal U.S.A. (FL). (shellmound applecactus). C* ...... 5 R8 ...... Hazardia orcuttii ...... Asteraceae ...... Orcutt’s hazardia ...... U.S.A. (CA), Mexico. C* ...... 2 R1 ...... Hedyotis fluviatilis ...... Rubiaceae ...... Kampua1a ...... U.S.A. (HI). C* ...... 5 R4 ...... Helianthus verticillatus ..... Asteraceae ...... Sunflower, whorled ...... U.S.A. (AL, GA, TN). C* ...... 5 R2 ...... Hibiscus dasycalyx ...... Malvaceae ...... Rose-mallow, Neches U.S.A. (TX). River. C* ...... 9 R4 ...... Indigofera mucronata var. Fabaceae ...... Indigo, Florida ...... U.S.A. (FL). keyensis. C ...... 2 R6 ...... Ipomopsis polyantha ...... Polemoniaceae ...... Skyrocket, Pagosa ...... U.S.A. (CO). C* ...... 5 R8 ...... Ivesia webberi ...... Rosaceae ...... Ivesia, Webber ...... U.S.A. (CA, NV). C* ...... 3 R1 ...... Joinvillea ascendens Joinvilleaceae ...... 1Ohe ...... U.S.A. (HI). ascendens. C* ...... 2 R1 ...... Keysseria (= Lagenifera) Asteraceae ...... No common name ...... U.S.A. (HI). erici. C* ...... 8 R1 ...... Keysseria (= Lagenifera) Asteraceae ...... No common name ...... U.S.A. (HI). helenae. C* ...... 2 R1 ...... Korthalsella degeneri ...... Viscaceae ...... Hulumoa ...... U.S.A. (HI). C* ...... 2 R1 ...... Labordia helleri ...... Loganiaceae ...... Kamakahala ...... U.S.A. (HI). C* ...... 2 R1 ...... Labordia pumila ...... Loganiaceae ...... Kamakahala ...... U.S.A. (HI). C* ...... 5 R4 ...... Leavenworthia crassa ...... Brassicaceae ...... Gladecress, unnamed ..... U.S.A. (AL). C* ...... 2 R2 ...... Leavenworthia texana ..... Brassicaceae ...... Gladecress, Texas golden U.S.A. (TX). C* ...... 5 R4 ...... Lesquerella globosa ...... Brassicaceae ...... Bladderpod, Short’s ...... U.S.A. (IN, KY, TN). C* ...... 2 R4 ...... Linum arenicola ...... Linaceae ...... Flax, sand ...... U.S.A. (FL). C* ...... 3 R4 ...... Linum carteri var. carteri Linaceae ...... Flax, Carter’s small-flow- U.S.A. (FL). ered. C* ...... 8 R1 ...... Lysimachia daphnoides ... Primulaceae ...... Lehua makanoe ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope christophersenii Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope degeneri ...... Rutaceae ...... Alani ...... U.S.A. (HI).

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules 69105

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of Supplementary Information for an explanation of symbols used in this table.]

Status Lead re- Scientific name Family Common name Historic range Category Priority gion

C* ...... 2 R1 ...... Melicope hiiakae ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope makahae ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope paniculata ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope puberula ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Myrsine fosbergii ...... Myrsinaceae ...... Kolea ...... U.S.A. (HI). C* ...... 2 R1 ...... Myrsine mezii ...... Myrsinaceae ...... Kolea ...... U.S.A. (HI). C* ...... 2 R1 ...... Myrsine vaccinioides ...... Myrsinaceae ...... Kolea ...... U.S.A. (HI). C* ...... 8 R5 ...... Narthecium americanum Liliaceae ...... Asphodel, bog ...... U.S.A. (DE, NC, NJ, NY, SC). C* ...... 2 R1 ...... Nothocestrum latifolium ... Solanaceae ...... 1Aiea ...... U.S.A. (HI). C* ...... 2 R1 ...... Ochrosia haleakalae ...... Apocynaceae ...... Holei ...... U.S.A. (HI). C* ...... 3 R2 ...... Pediocactus peeblesianus Cactaceae ...... Cactus, Fickeisen plains .. U.S.A. (AZ). var. fickeiseniae. C* ...... 2 R6 ...... Penstemon debilis ...... Scrophulariaceae ...... Beardtongue, Parachute .. U.S.A. (CO). C* ...... 6 R6 ...... Penstemon scariosus var. Scrophulariaceae ...... Beardtongue, White River U.S.A. (CO, UT). albifluvis. C* ...... 2 R1 ...... Peperomia subpetiolata ... Piperaceae ...... 1Ala 1ala wai nui ...... U.S.A. (HI). C ...... 5 R8 ...... Phacelia stellaris ...... Hydrophyllaceae ...... Phacelia, Brand’s ...... U.S.A. (CA), Mexico. C* ...... 8 R6 ...... Phacelia submutica ...... Hydrophyllaceae ...... Phacelia, DeBeque ...... U.S.A. (CO). C* ...... 2 R1 ...... Phyllostegia bracteata ..... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 8 R1 ...... Phyllostegia floribunda .... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Phyllostegia hispida ...... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 5 R1 ...... Physaria tuplashensis ...... Brassicaceae ...... Bladderpod, White Bluffs U.S.A. (WA). C* ...... 2 R1 ...... Pittosporum napaliense ... Pittosporaceae ...... Ho1awa ...... U.S.A. (HI). C* ...... 5 R4 ...... Platanthera integrilabia .... Orchidaceae ...... Orchid, white fringeless ... U.S.A. (AL, GA, KY, MS, NC, SC, TN, VA). C* ...... 3 R1 ...... Platydesma cornuta var. Rutaceae ...... No common name ...... U.S.A. (HI). cornuta. C* ...... 3 R1 ...... Platydesma cornuta var. Rutaceae ...... No common name ...... U.S.A. (HI). decurrens. C* ...... 2 R1 ...... Platydesma remyi ...... Rutaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Platydesma rostrata ...... Rutaceae ...... Pilo kea lau li1i ...... U.S.A. (HI). C ...... 2 R1 ...... Pleomele fernaldii ...... Agavaceae ...... Hala pepe ...... U.S.A. (HI). C* ...... 2 R1 ...... Pleomele forbesii ...... Agavaceae ...... Hala pepe ...... U.S.A. (HI). C* ...... 11 R8 ...... Potentilla basaltica ...... Rosaceae ...... Cinquefoil, Soldier Mead- U.S.A. (NV). ow. C* ...... 2 R1 ...... Pritchardia hardyi ...... Asteraceae ...... Lo1ulu ...... U.S.A. (HI). C* ...... 3 R1 ...... Pseudognaphalium ...... Asteraceae ...... 1Ena1ena ...... U.S.A. (HI). (= Gnaphalium) sandwicensium var. molokaiense. C* ...... 2 R1 ...... Psychotria grandiflora ...... Rubiaceae ...... Kopiko ...... U.S.A. (HI). C* ...... 3 R1 ...... Psychotria hexandra ssp. Rubiaceae ...... Kopiko ...... U.S.A. (HI). oahuensis var. oahuensis. C* ...... 2 R1 ...... Psychotria hobdyi ...... Rubiaceae ...... Kopiko ...... U.S.A. (HI). C* ...... 2 R1 ...... Pteralyxia macrocarpa ..... Apocynaceae ...... Kaulu ...... U.S.A. (HI). C* ...... 2 R1 ...... Ranunculus hawaiensis ... Ranunculaceae ...... Makou ...... U.S.A. (HI). C* ...... 2 R1 ...... Ranunculus mauiensis .... Ranunculaceae ...... Makou ...... U.S.A. (HI). C* ...... 8 R8 ...... Rorippa subumbellata ...... Brassicaceae ...... Cress, Tahoe yellow ...... U.S.A. (CA, NV). C* ...... 2 R1 ...... Schiedea attenuata ...... Caryophyllaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Schiedea pubescens ...... Caryophyllaceae ...... Ma1oli1oli ...... U.S.A. (HI). C* ...... 2 R1 ...... Schiedea salicaria ...... Caryophyllaceae ...... No common name ...... U.S.A. (HI). C* ...... 5 R8 ...... Sedum eastwoodiae ...... Crassulaceae ...... Stonecrop, Red Mountain U.S.A. (CA). C* ...... 2 R1 ...... Sicyos macrophyllus ...... Cucurbitaceae ...... 1Anunu ...... U.S.A. (HI). C ...... 12 R4 ...... Sideroxylon reclinatum Sapotaceae ...... Bully, Everglades ...... U.S.A. (FL). ssp. austrofloridense. C* ...... 8 R1 ...... Solanum nelsonii ...... Solanaceae ...... Popolo ...... U.S.A. (HI). C ...... 8 R4 ...... Solidago plumosa ...... Asteraceae ...... Goldenrod, Yadkin River U.S.A. (NC). C* ...... 2 R1 ...... Stenogyne cranwelliae .... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Stenogyne kealiae ...... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 8 R4 ...... Symphyotrichum Asteraceae ...... Aster, Georgia ...... U.S.A. (AL, FL, GA, NC, georgianum. SC). C* ...... 2 R1 ...... Zanthoxylum oahuense ... Rutaceae ...... A1e ...... U.S.A. (HI). FERNS AND ALLIES C* ...... 8 R1 ...... Christella boydiae Thelypteridaceae ...... No common name ...... U.S.A. (HI). (= Cyclosorus boydiae var. boydiae + Cyclosorus boydiae kipahuluensis). C* ...... 2 R1 ...... Doryopteris takeuchii ...... Pteridaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Huperzia Lycopodiaceae ...... Wawae1iole ...... U.S.A. (HI). (= Phlegmariurus) stemmermanniae. C* ...... 3 R1 ...... Microlepia strigosa var. Dennstaedtiaceae ...... Palapalai ...... U.S.A. (HI). mauiensis (= Microlepia mauiensis).

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2 69106 Federal Register / Vol. 72, No. 234 / Thursday, December 6, 2007 / Proposed Rules

TABLE 2.—ANIMALS AND PLANTS FORMERLY CANDIDATES OR FORMERLY PROPOSED FOR LISTING [Note: See end of Supplementary Information for an explanation of symbols used in this table.0

Status Lead Scientific name Family Common name Historical range Code Expl. region

FISHES Rp ...... A ...... R8 ...... Gila bicolor vaccaceps .... Cyprinidae ...... Chub, Cowhead tui chub U.S.A. (CA). Rc ...... N ...... R6 ...... Thymallus arcticus ...... Salmonidae ...... Grayling, Fluvial arctic U.S.A. (MT, WY). (upper Missouri River DPS). INSECTS Rc ...... U ...... R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Beaver ...... U.S.A. (KY). major. Rc ...... A, U ...... R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, surprising .... U.S.A. (KY). inexpectatus. Rc ...... U ...... R6 ...... Zaitzevia thermae ...... Elmidae ...... Beetle, Warm Spring U.S.A. (MT). Zaitzevian riffle. FLOWERING PLANTS Rp ...... A ...... R6 ...... Penstemon grahamii ...... Scrophulariaceae ...... Beardtongue, Graham ..... U.S.A. (CO, UT). Rc ...... A ...... R1 ...... Erigeron basalticus ...... Asteraceae ...... Daisy, basalt ...... U.S.A. (WA).

FERNS AND ALLIES Rc ...... A, I ...... R1 ...... Botrychium lineare ...... Ophioglossaceae ...... Moonwort, slender ...... U.S.A. (AK, CA, CO, ID, MT, OR, WA), Canada (AB, BC, NB, QC).

[FR Doc. E7–23416 Filed 12–5–07; 8:45 am] BILLING CODE 4310–55–P

VerDate Aug<31>2005 20:51 Dec 05, 2007 Jkt 214001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\06DEP2.SGM 06DEP2 pwalker on PROD1PC71 with PROPOSALS2