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hazardous liquid pipeline systems. On www.regulations.gov at Docket Number authorities under section 4(b)(7) of the November 15, 2010, the American FWS–R7–ES–2010–0061. Supporting Act to list the red knot C. c. rufa Petroleum Institute and the Association documentation we used in preparing subspecies as an endangered species. of Oil Pipe Lines requested PHMSA to this finding is available for public The petitioners also seek to have the extend the ANPRM comment period inspection, by appointment, during Department list as endangered ‘‘a deadline a minimum of 60 days to give normal business hours at the U.S. Fish broader taxon comprising both the rufa their members sufficient time to and Wildlife Service, Fairbanks Fish subspecies and the roselaari respond to this ANPRM. Likewise, on and Wildlife Field Office, 101 12th subspecies.’’ The petition further calls November 29, 2010, Texas Oil and Gas Avenue, Room 110, Fairbanks, AK for a ‘‘national listing based on Association requested extension of the 99701. Please submit any new similarity of appearance’’ under section comment period a minimum of 60 days. information, materials, comments, or 4(e) of the Act. The petition contains the PHMSA has concurred, in part, with questions concerning this finding to the requisite identification information for these requests and has extended the above street address. the petitioners, as required at 50 CFR comment period from January 18, 2011, FOR FURTHER INFORMATION CONTACT: Ted 424.14(a). to February 18, 2011. This extension Swem, Branch Chief, Endangered We previously made a ‘‘warranted but will provide sufficient time for Species Program of the Fairbanks Fish precluded’’ determination (in response submission of comments concerning and Wildlife Field Office (see to one petition received on August 9, this ANPRM. ADDRESSES); by telephone (907–456– 2004, and two others received on Issued in Washington, DC, on December 0441); or by facsimile to (907–456– August 5, 2005), on September 12, 2006, 23, 2010. 0208). If you use a telecommunications for the C. c. rufa subspecies and added Linda Daugherty, device for the deaf (TDD), please call the this subspecies to our list of candidate Deputy Associate Administrator for Policy Federal Information Relay Service species with a listing priority number of and Programs. (FIRS) at 800–877–8339. 6 (71 FR 53758–53759). ‘‘Warranted but [FR Doc. 2010–33234 Filed 1–3–11; 8:45 am] SUPPLEMENTARY INFORMATION: precluded’’ means we have sufficient BILLING CODE 4910–60–P information on biological vulnerability Background and threats to support a proposal to list Section 4(b)(3)(A) of the Act (16 as endangered or threatened, but that DEPARTMENT OF THE INTERIOR U.S.C. 1531 et seq.) requires that we preparation and publication of a listing make a finding on whether a petition to proposal is precluded by higher priority Fish and Wildlife Service list, delist, or reclassify a species listing actions. In a May 1, 2008, letter presents ‘‘substantial scientific or responding to the current petition, we 50 CFR Part 17 commercial information’’ indicating that stated that while we had previously the petitioned action may be warranted. made a determination that listing C. c. [Docket No. FWS–R7–ES–2010–0061; MO rufa was ‘‘warranted but precluded’’ and 92210–0–0008] We base this finding on information provided in the petition, supporting added the subspecies to our candidate Endangered and Threatened Wildlife information submitted with the petition, list, we were re-evaluating—as part of and Plants; 90-Day Finding on a and information otherwise available in our annual candidate review process— Petition To List the Red Knot our files. To the maximum extent whether listing remained ‘‘warranted but Subspecies Calidris canutus roselaari practicable, we make this finding within precluded’’ and whether to utilize the as Endangered 90 days of our receipt of the petition, emergency listing provisions of the Act. and publish our notice of the finding We also stated in our May 1, 2008, letter AGENCY: Fish and Wildlife Service, promptly in the Federal Register. that, due to court orders and judicially Interior. Our standard for ‘‘substantial approved settlement agreements for ACTION: Notice of 90-day petition scientific or commercial information’’ is other listing and critical habitat finding. the ‘‘amount of information that would determinations under the Act that lead a reasonable person to believe that required nearly all of our listing and SUMMARY: We, the U.S. Fish and the measure proposed in the petition critical habitat funding for fiscal year Wildlife Service (Service), announce a may be warranted’’ (50 CFR 424.14(b)). 2008, we would not be able to further 90-day finding on a petition to list the If we find that ‘‘substantial scientific or address the petition’s request to list C. roselaari subspecies of red knot commercial information’’ was presented, c. roselaari at that time but would (Calidris canutus roselaari) as we are required to promptly conduct a complete the action when workload and endangered under the Endangered species status review, which we funding allowed. Subsequently, in the Species Act of 1973, as amended (Act). summarize in a subsequent finding due 2008 Candidate Notice of Review for C. Based on our review, we find that the within 12 months. c. rufa, the Service took into petition does not present substantial consideration the information supplied information indicating that listing this Petition History and Previous Federal by the petitioners and changed the subspecies may be warranted. Action listing priority number from 6 to 3 for Therefore, we are not initiating a status On February 27, 2008, we received a this subspecies because threats were review in response to this petition. petition, dated February 27, 2008, from determined to be imminent (73 FR However, we ask the public to submit to Defenders of Wildlife, American Littoral 75178–75179, December 10, 2008). us any new information that becomes Society, American Bird Conservancy, Because we determined that it was not available concerning the status of, or Delaware Audubon, Delaware Nature necessary, the Service did not threats to, C. c. roselaari or its habitat Society, Delaware Riverkeeper Network, emergency list C. c. rufa, as set forth in at any time. National Audubon Society, New Jersey the October 29, 2009, Species DATES: The finding announced in this Audubon Society, and Citizens Assessment and Listing Priority document was made on January 4, 2011. Campaign for the Environment, Assignment Form for Calidris canutus ADDRESSES: This finding is available on requesting that the Department of the rufa (Service 2009). In the 2009 the Internet at http:// Interior (Department) use its emergency Candidate Notice of Review for C. c.

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rufa, the Service retained a listing Six subspecies of red knots (C. c. comprising the North American group, priority number of 3 for this subspecies canutus, C. c. piersma, C. c. rogersi, C. including C. c. roselaari, are estimated (74 FR 57825–57826, November 9, c. rufa, C. c. roselaari, and C. c. to have diverged within the last 5,500 2009). islandica) are currently recognized years (Buehler and Baker 2005, p. 505). Accordingly, as we addressed the worldwide based on small differences in We accept the characterization of C. c. petitioners’ request for an emergency body dimensions and breeding plumage roselaari as a subspecies because each listing of the rufa subspecies in the characteristics, and discrete breeding currently recognized subspecies is October 29, 2009, Species Assessment areas and migration routes (Piersma and believed to occupy separate breeding and Listing Priority Assignment Form, Baker 2000, p. 109; Niles et al. 2007, p. areas, in addition to having this finding addresses only whether the 3). In all subspecies, sexual dimorphism morphological and behavioral character petition presents substantial scientific occurs in plumage coloration differences. The Service and partners or commercial information that the (Tomkovich 1992, p. 18), as well as both are currently investigating red knot following petitioned actions may be bill length and body weight, with genetics to better assess population warranted: (1) Listing the C. c. roselaari females having longer bills and higher structure of C. c. roselaari and rufa as endangered or threatened, (2) listing body weights on average than males subspecies; results are expected within ‘‘a broader taxon comprising both the (Niles et al. 2007, p. 7). the next few years. rufa subspecies and the roselaari Four genetically distinct groups of red More is known about the range and subspecies’’ as endangered or knots were recently identified through biology of C. c. rufa, than about C. c. threatened, and (3) a ‘‘national listing genetic analysis; they are comprised of roselaari. C. c. roselaari breeds in based on similarity of appearance’’ C. c. canutus, C. c. piersma, C. c. rogersi, Alaska and on Wrangel Island, Russia under section 4(e) of the Act. We base and a North American group containing (Tomkovich 1992, p. 22); whereas C. c. our determinations on information set C. c. rufa, C. c. roselaari and C. c. rufa breeds in the central Canadian forth in the petition, information in the islandica (Buehler and Baker 2005, p. Arctic (Harrington 2001, p. 4). C. c. Service’s files, and other readily 502). C. c. islandica breeds in the roselaari is the only red knot subspecies available information. Canadian high Arctic and Greenland, known to nest in the United States. Its and winters in western Europe. The breeding range in northwest and Species Information other two subspecies in the North northern Alaska is not well known, but The red knot (Calidris canutus) is a American group occur within the includes the Seward Peninsula and medium-sized (23 to 28 centimeters, or United States: C. c. rufa, currently a inland areas north of Kotzebue, 9 to 11 inches, in length), Arctic- candidate species for listing, and C. c. including the DeLong Mountains of the breeding shorebird within the genus roselaari, the focus of this 90-day Brooks Range (Childs 1969, p. 33; Kessel Calidris. The breeding plumage of the finding. 1989, pp. 161–162; Kessel and Gibson red knot is distinctive; the face, breast, C. c. roselaari and C. c. rufa are paler 1978, p. 39; Harrington 2001, p. 3). and upper belly are a rich rufous-red, by comparison (with C. c. rufa C. c. rufa migrates primarily along the and the lower belly and under tail- considered the palest) to the other Atlantic coast of North America, with coverts are light-colored with dark subspecies and have a much longer most wintering sites along the coasts of flecks. Upperparts are dark brown with average bill-length (Harrington 2001, p. South America and fewer wintering white and rufous feather edges; outer 4; Niles et al. 2007, p. 7). C. c. roselaari sites along the Atlantic and Gulf coasts primary feathers are dark brown to black is longer-winged than the other of the southeastern United States (Davis 1983, p. 372; Harrington 2001, p. subspecies, but bill-length overlaps (Harrington 2001, p. 4; Morrison et al. 2). Females are similar to males in extensively (Harrington 2001, p. 5). In 2006, pp. 76–77). Although red knots appearance, but rufous colors are breeding plumage, C. c. roselaari’s are known to use the Texas and Florida typically less intense in females, with dorsal coloration is described as similar coasts, other extensive marsh areas of more buff or light gray coloration on to that of C. c. canutus, but darker with Gulf coast States have not been dorsal parts (Niles et al. 2007, p. 14). slightly more variegated pattern. Ventral surveyed. There are sporadic reports of Subtle subspecies differences in coloration is considered more similar to red knots in these areas, but the level of breeding plumage have been described. that of C. c. rufa than to that of C. c. use is not known (A. Scherer, U.S. Fish Non-breeding plumage, dusky gray rogersi, especially with respect to and Wildlife Service, pers. comm. above and whitish below, is similar amount of white plumage on vent and 2010). There has been taxonomic between sexes and among subspecies lower belly (Harrington 2001, p. 5). uncertainty regarding C. canutus (Harrington 2001, p. 2). Juveniles However, as recently as 2007, red knot wintering in the southeastern United resemble non-breeding adults, except researchers acknowledged that ‘‘no one States because C. canutus that winter in that the feathers of the scapulars and has adequately compared morphological Florida, Georgia, and South Carolina wing coverts of juveniles are edged with variation in C. c. rufa and C. c. roselaari have a different molt schedule and do white and have narrow, dark populations’’ (Niles et al. 2007, p. 7). In not migrate to southern South America. subterminal bands, giving the 2006, individual C. c. roselaari caught These birds have been referred to in the upperparts a scalloped appearance and measured at a wintering site in past as either C. c. roselaari or C. c. rufa (Davis 1983, p. 372); whereas the Guerrero Negro, Baja, Mexico, had (Niles et al. 2007, pp. 9–10). However, feathers of adults are more uniform. The longer bill-lengths than males belonging in the attachment to the petition, Niles black bill is long, straight, and slightly to wintering populations known or et al. (2008, p. 1) identify recent tapered, and the legs and feet are dark thought to be C. c. rufa, suggesting C. c. information that indicates C. c. roselaari green or black (Davis 1983, p. 373). roselaari are larger than C. c. rufa (Niles is largely or wholly confined to the Adult body mass varies seasonally, with et al. 2008, p. 3). Pacific coast of the Americas during highest mean mass occurring during Based on genetics, the red knot is migration and in winter, and Niles et al. spring (205 grams (g); 7.2 ounces (oz)) thought to have recently survived a (2008, p. 1) conclude that red knot and fall (172 g; 6 oz) migration, and genetic bottleneck (resulting in reduced populations found along the western lowest values occurring during early genetic variability), with subspecies Atlantic Ocean coast (wintering in winter (125 g; 4.4 oz) (Harrington 2001, groups estimated to have diverged very Florida, Brazil, and Tierra del Fuego) p. 12). recently. The three subspecies are C. c. rufa. The conclusion is based

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on banding records confirming that red On the breeding grounds in Alaska, C. years before and after 1980 (24 of 31 knots found on the Pacific coast of c. roselaari are widely dispersed inland years with peak count data from 1978– North America breed in Alaska and near the Arctic coast (Harrington 2001, 2007). There is no evidence of a long- Wrangel Island, Russia, and pp. 5, 8). Nesting has been documented term decline based on the one morphological measurements of in upland habitat, particularly on anomalous count in 1980. Overall, wintering red knots captured in Baja, limestone mounds on windswept observed peak numbers have varied Mexico, indicating these birds were slopes, 42 to 48 kilometers (20 to 30 substantially among years (range 25— larger than red knots at other wintering miles) inland (Kessel 1989, p. 162; 6,380 without 1980 count); the observed sites where it was previously unclear if Harrington 2001, p. 8). The red knot’s variation is unexplained, and no trend the birds were C. c. roselaari or C. c. diet on the breeding grounds consists is detectable. The reported counts are rufa (Niles et al. 2008, p. 3). primarily of terrestrial invertebrates, but conducted on a small portion of coastal Currently, C. c. roselaari primarily use early in the breeding season they may Yukon-Kuskokwim Delta. More a few stopover sites during their consume a substantial amount of plant extensive mudflats occur outside of the northward migration to breeding areas material, such as grass shoots and seeds study area; thus, while unknown, it is in northern Alaska and Wrangel Island, (Kessel 1989, pp. 162–163; Harrington possible C. c. roselaari also occupies Russia. The most important stopover 2001, p. 11). Red knots lay one clutch these areas to varying degrees during (usually 4 eggs) per season. No sites are Grays Harbor and Willapa Bay spring migration, which could account information is available on hatching in Washington, and Yukon-Kuskokwim for the observed variation in numbers success or chick survival rates. Male Delta and Copper River Delta in Alaska among years. We consider the numbers (Isleib 1979, p. 128; Gill and Handel parents brood and defend their young, which leave the nest within 24 hours of reported from counts on the Yukon- 1990, p. 712; Page et al. 1999, p. 467). Kuskokwim Delta to represent Smaller numbers have been hatching (Harrington 2001, p. 20; Niles et al. 2007, pp. 28, 31–32). While the minimum numbers passing through the documented during migration in the entire delta, with recent observations Yakutat Forelands, Alaska, and the San oldest wild red knot recorded worldwide was estimated to be 25 years indicating a minimum, but not absolute Francisco Bay, California, and during number, of less than 10,000 individuals. both migration and wintering along the old, few red knots are assumed to live more than 7 years (Niles et al. 2007, p. On the Copper River Delta, Alaska, southern coast of California (Andres and count-based estimates increased from Browne 1998, p. 328; Page et al. 1999, 33). The historical and current population 10,000 in the 1960s to 40,000–50,000 in p. 468; Stenzel et al. 2002, p. 75). The sizes of C. c. roselaari are uncertain, and the early 1970s, to as high as 100,000 in subspecies primarily bypasses Oregon the trend is unknown. Supporting late 1970s (Isleib 1979, p. 128). None of and British Columbia (McGie 2003, p. documentation submitted with the the data collected at either the Yukon- 232; Buchanan 2007, p. 65). Use of petition acknowledges that all attempts Kuskokwim or Copper River Deltas stopover sites during fall migration is to assess the population size of C. c. included systematic or replicate counts, unclear, as the migration is protracted roselaari have been confounded by evaluation of accuracy, or assessment of and large concentrations are not uncertainty as to which passage reported in fall at sites used during turnover rates, which would be needed (migrating) or wintering population spring (Harrington 2001, p. 7). Red to determine actual abundance from the belongs to which subspecies (Niles et al. counts. We also do not know whether or knots are known to undertake long 2008, p. 2). Although C. c. roselaari is flights during migration that may span not birds stopping at the Copper River now considered to be largely or wholly Delta also stop at the Yukon- thousands of miles (Harrington 2001, p. confined to the Pacific coast of the 1); thus during fall migration they may Kuskokwim Delta or migrate directly to Americas during migration and in the breeding grounds and therefore bypass sites used in spring. Important winter (Niles et al. 2008, p. 1), limited wintering aggregations of C. c. roselaari represent additional individuals. data exist from the sites along the Supporting documentation submitted have been documented in Western Pacific coast of North America that are Mexico at Guerrero Negro, Baja with the petition (Niles et al. 2008, p. known to be used by this subspecies; in 6) claims that C. c. roselaari might have California Sur (Carmona et al. 2008, p. addition, the complete extent of 10), and along the Pacific Northwest declined from greater than 100,000 (in wintering locations and the numbers period 1975–1980) to less than 10,000, coast of Mexico in the Gulf of California breeding in Alaska are unknown. if the large numbers reported in Alaska at Ensenada Pabellones and Bahia Santa Population estimates have ranged from in 1975–1980 were all individuals of Maria, Sinaloa (Engilis et al. 1998, p. 150,000 (Brown et al. 2001, p. 53; this subspecies. However, it has been 338). C. c. roselaari probably also Morrison et al. 2001, p. 34) to 20,000 winters farther south than Mexico (Niles (Morrison et al. 2006, p. 75) with suggested (Morrison et al. 2006, p. 76) et al. 2007, p. 20), but important sites inclusion of red knot populations found and noted in the supporting have not been identified. We lack along the western Atlantic Ocean coast documentation to the petition (Niles et information on the historical range of C. (now considered to be C. c. rufa), to less al. 2008, p. 5), that some of the birds c. roselaari. than 10,000 when including only the seen during the high-count years might Different habitats are used by red Pacific coast of the North America have been due to an unusual arrival of knots for breeding and migration/ population (Niles et al. 2008, p. 6). C. c. rogersi, which breed in eastern wintering. During migration stopovers The longest-running data set comes Siberia and resemble C. c. roselaari in and in wintering areas, red knots are from counts on the central Yukon- appearance (Morrison et al. 2006, p. 34). primarily found in coastal habitats, Kuskokwim Delta at three field sites Alternatively, inter-annual variation in particularly in areas with extensive where C. c. roselaari are commonly movements and migration routes sandy intertidal flats or near tidal inlets observed during spring migration. While through Alaska may have caused large or mouths of bays and estuaries a peak daily count of 110,000 red knots variation in the proportion of C. c. (Harrington 2001, pp. 8–9). Prey items was observed in 1980 at Tutakoke River roselaari that are subject to counting for C. c. roselaari include bivalves and (Gill and Handel 1990, p. 712), peak among years. Thus, these exceptionally other benthic invertebrates (Harrington daily count has not exceeded 6,380 large counts are difficult to interpret, 2001, p. 9). (Service, unpublished data) in all other and cannot with reliability be ascribed

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to C. c. roselaari, or used to infer trends (A) The present or threatened its habitat, particularly the modification in abundance of C. c. roselaari. destruction, modification, or of habitat in Delaware Bay through Data from sites outside Alaska are curtailment of its habitat or range; harvesting of horseshoe crabs (74 FR fragmentary and difficult to interpret, (B) Overutilization for commercial, 57825, November 9, 2009). During particularly given that counts at some recreational, scientific, or educational spring migration, one of the key sites have fluctuated among years, purposes; stopover sites for C. c. rufa is Delaware presumably due to changing (C) Disease or predation; Bay, where they forage on horseshoe environmental conditions. The petition (D) The inadequacy of existing crab (Limulus polyphemus) eggs to (p. 4) states that the current C. c. regulatory mechanisms; or replenish resources needed to complete roselaari population totals fewer than (E) Other natural or manmade factors their migration (Harrington 2001, p. 11). 10,000 individuals with uncertainty affecting its continued existence. As the C. c. roselaari is now considered regarding the extent of the subspecies’ In considering what factors might to be confined to the Pacific coast, this decline. While it is possible that the constitute threats to a species, we must subspecies is presumably not subjected population size is less than 10,000, look beyond the exposure of the species to threats associated with habitat loss in observations have not been collected in to the factor to evaluate whether the Delaware Bay or at other sites used by a long enough time-series at any of these species may respond to the factor in a C. c. rufa along the Atlantic coast. sites to determine population trend at way that causes actual or likely impacts Because the extent of C. c. roselaari’s particular sites or to accurately estimate to the species. If there is exposure to a historical and current range is overall population size. The Service is factor and the species responds unknown, it is challenging to assess the currently collaborating with shorebird negatively, the factor may be a threat extent of historical habitat loss that has researchers to estimate the abundance of and we attempt to determine how occurred and its impact on this the stopover population of C. c. significant a threat it is. The threat may subspecies. We believe, however, that roselaari in important Pacific Flyway be significant if it drives, or contributes little habitat loss has occurred on the stopover areas in Washington (Grays to, the risk of extinction of the species breeding grounds or key migration sites Harbor and Willapa Bay) as a means of such that the situation may warrant used by C. c. roselaari in Alaska, due to determining if a reliable estimate of the listing the species as endangered or the areas’ remoteness. But wetland loss population size of this subspecies can threatened as those terms are defined in has occurred throughout the United be developed (Brad Andres, Service, the Act. The identification of factors States due to development (Dahl 2006, pers. comm. 2010). that could impact a species negatively p. 15). We, therefore, assume some C. c. roselaari is currently listed as a may not be sufficient to compel a direct loss of habitat due to Bird of Conservation Concern by the finding that substantial information has development has occurred at migration U.S. Fish and Wildlife Service, Division been presented suggesting that listing stopover sites for C. c. roselaari along of Migratory Bird Management (USFWS may be warranted. The information the Pacific coast of the United States. 2008, p. 66), which deems it a priority should contain evidence or the We have no evidence in our files, species for conservation actions. This reasonable extrapolation that these however, on the extent of this loss or list is based on an assessment score factors may be operative threats that act information suggesting that this habitat from three bird conservation plans: on the species to the point that the loss has resulted in a decline of this Partners in Flight North American species may meet the definition of subspecies. Landbird Conservation Plan, United threatened or endangered under the Act. Wetland habitat loss has also occurred States Shorebird Conservation Plan, and We found no information to suggest that along the Pacific coast of the United North American Waterbird Conservation threats may be acting on, or are likely States due to the spread of invasive Plan (USFWS 2008, p. 2). While this list to act on, C. c. roselaari such that the plant species, including wetland habitat provides no regulatory protection, its subspecies may become in danger of loss at key migration stopover sites used purpose is to provide a conservation extinction now or in the foreseeable by C. c. roselaari. In particular, benefit by drawing attention to the future. nonnative cordgrass (Spartina) species are aggressive weeds that disrupt subspecies’ needs. In making this 90-day finding, we evaluated whether there is substantial ecosystems of native saltwater estuaries Evaluation of Information for This information regarding the threats to C. c. by outcompeting native vegetation and Finding roselaari presented in the petition and converting mudflats into monotypic Spartina meadows that accumulate Request To List C. c. roselaari other information available in our files indicating that the petitioned action of sediment (Phillips et al. 2008, p. 5). This In making this 90-day finding, we first listing C. c. roselaari may be warranted. results in decreased plant diversity, evaluated whether information Our evaluation of this information is elevated intertidal areas, and regarding the threats to C. c. roselaari, presented below. displacement of invertebrates, all of as presented in the petition and other which reduce useable foraging and information available in our files, is A. The Present or Threatened roosting habitat for shorebirds (Phillips substantial, thereby indicating that the Destruction, Modification, or et al. 2008, p. 5). petitioned action of listing the roselaari Curtailment of Its Habitat or Range During the 1990s, the spread of subspecies may be warranted. Section 4 Supporting documentation submitted Spartina completely covered some key of the Act (16 U.S.C. 1533) and its with the petition asserts that, as a small spring stopover sites for C. c. roselaari implementing regulations at 50 CFR part population, C. c. roselaari is particularly in Willapa Bay and portions of Grays 424 set forth the procedures for adding vulnerable to habitat loss (Niles et al. Harbor, Washington (Buchanan 2003, a species to, or removing a species from, 2008, p. 11), but that documentation pp. 47–48; Chappell 2005, p. 153; the Federal Lists of Endangered and does not support this statement with Buchanan 2006, p. 65). Eradication Threatened Wildlife and Plants. A any evidence that this factor is efforts have been under way in species may be determined to be an impacting or is likely to impact this Washington, as well as in other endangered or threatened species due to subspecies. locations along the Pacific coast, one or more of the five factors described The primary factor threatening C. c. including San Francisco Bay, California. in section 4(a)(1) of the Act: rufa is destruction and modification of Since 2004, the Service has cooperated

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with Washington and other groups in a including Willapa Bay and San any evidence that this factor may be Statewide effort to eradicate Spartina Francisco Bay. Willapa Bay is predicted impacting or will likely impact the from the State’s marine waters. This to lose a relatively small amount (8 subspecies. In the second half of the effort has been extremely successful, percent) of its shorebird intertidal 19th and first quarter of 20th centuries, with an 85 percent reduction in the feeding habitats by 2050 but a larger red knots were heavily hunted for both number of solid acres of Spartina amount (18 percent) by 2100. San market and sport (Harrington 2001, p. Statewide by 2007 (Phillips et al. 2008, Francisco Bay is predicted to lose 12 22). Hunting of red knots is no longer p. 1). percent of its intertidal feeding habitats allowed in the United States. Based on Spartina was considered to have been in the northern bay and 24 percent in band recoveries, red knots are hunted in largely removed from important red the southern bay by 2050, and 39 some regions of South America. Take knot habitat in Willapa Bay by 2006 percent in the northern bay and 70 has been documented in Guianas and (Buchanan 2006, p. 65). Control of percent in the southern bay by 2100 Barbados (Harrington 2001, p. 22), areas Spartina meadows has resulted in under the 50-percent probability likely occupied by C. c. rufa. The level increased use by shorebirds. Over time, scenario (Galbraith et al. 2002, pp. 177– of hunting and impact to C. c. roselaari this increased use occurs as the 178). Such modeling efforts indicate is unknown. The available information meadows return to pre-invasion natural that loss of intertidal habitat is expected does not suggest that hunting poses, or mudflats with invertebrate prey for to occur as sea levels rise at some sites is likely to pose, a significant threat to shorebirds (Phillips et al. 2008, pp. 9– currently used by C. c. roselaari. In the subspecies. In summary, we find 10). Spartina eradication efforts other areas along C. c. roselaari’s that the information provided in the continue, followed by maintenance migration route that currently are, or petition, as well as other information in efforts within 3 to 5 years. Various could be, used by the subspecies, our files, does not present substantial eradication and control efforts have however, there may be a net gain of scientific or commercial information been underway for other invasive intertidal flats as coastline migrates indicating that the petitioned action of wetland plant species, such as the inland. The Service is currently listing the roselaari subspecies may be common reed (Phragmites australis). participating in multiple efforts to warranted due to overutilization for Other wetland restoration efforts model impacts of future sea-level rise commercial, recreational, scientific, or include Service awards of 2010 National along the Pacific coast. When education purposes. Coastal Wetland Conservation grants to completed, these models may allow us C. Disease or Predation Washington to acquire, restore, or to predict changes in habitat for C. c. enhance coastal wetlands, including roselaari, but at present we lack The petition does not claim or acquisition and protection of wetland sufficient information to evaluate all provide any evidence that disease or habitat in Grays Harbor and Willapa sites used by the subspecies during predation of C. c. roselaari is a factor Bay. Thus, we determine that efforts to migration and wintering to determine impacting or that will impact the manage habitat loss in coastal migratory the scope and scale of potential habitat subspecies. Although there is some routes along the West Coast have likely loss due to sea-level rise. We determine information in our files that disease has ameliorated potential impacts, and the that at this time there is inadequate been a cause of mortality for individuals petition has not presented substantial information to support the petitioners’ of C. c. rufa, the Service has determined information indicating that habitat loss contention that sea-level rise may pose that disease and predation do not may have affected the abundance or a population-level threat to C. c. appear to pose threats to the persistence status of C. c. roselaari. roselaari. of C. c. rufa (USFWS 2009, pp. 23–24). Future sea-level rise and shoreline While there appears to be ongoing and We do not have any specific information erosion may reduce the availability of threatened habitat destruction and regarding disease for C. c. roselaari. We intertidal habitat used by C. c. roselaari modification in areas used by migrating have no information that predation rates during migration or wintering. If habitat red knots along the Pacific coast in the have risen in recent years or been is limited, this could affect the United States and possibly in wintering significantly affected by anthropogenic subspecies’ ability to build up adequate habitats in Mexico and other unknown factors. On the breeding grounds, nutrient and energy stores to complete locations, the information presented or microtine rodent (lemming and vole) their long migrations (Meltofte et al. readily available does not suggest a cycles affect shorebird nest predator 2007, p. 36). The actual rates of sea-level population-level impact to C. c. cycles, resulting in year-to-year rise are hard to predict with any roselaari from habitat loss in these fluctuations in productivity (Niles et al. reliability. However, sea-level rise is areas. In summary, we find that the 2007, p. 161). The available evidence predicted to increase, and sea levels will information provided in the petition, as does not indicate that predation during likely rise globally by at least 0.18–0.59 well as other information in our files, the breeding season is having, or is meters (0.6—1.9 feet) by the end of this does not present ‘‘substantial scientific likely to have, a long-term or significant century (IPCC 2007, p. 8). Site-specific or commercial information’’ indicating impact on red knots (USFWS 2009, p. rates will differ from the global mean; that the petitioned action of listing the 23). In summary, we find that the thus, the persistence of coastal and roselaari subspecies may be warranted information provided in the petition, as wetland environments for C. c. roselaari due to the present or threatened well as other information in our files, will depend on the degree to which destruction, modification, or does not present ‘‘substantial scientific sedimentation keeps pace with sea level curtailment of its habitat or range. or commercial information’’ indicating rise, as well as local geomorphologic that the petitioned action of listing the B. Overutilization for Commercial, and other anthropogenic factors that roselaari subspecies may be warranted Recreational, Scientific, or Educational affect wetlands at key migration and due to disease or predation. wintering sites. Purposes Galbraith et al. (2002, pp. 177–178) The petition does not claim that D. The Inadequacy of Existing examined several different scenarios of overutilization of C. c. roselaari for Regulatory Mechanisms future sea-level rise and projected the commercial, recreational, scientific, or The petition does not claim that amount of intertidal habitat loss at key educational purposes is taking place or inadequacy of existing regulatory shorebird sites in the United States, will take place, and does not provide mechanisms for C. c. roselaari is taking

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place or is likely to take place, and does roselaari’’ (COSEWIC 2007, p. 43). These threats to the rarity of the species, the not provide any evidence that the lack two populations wintering in Florida Service does not consider rarity alone to of existing regulatory mechanisms is and northern Brazil are now considered be a threat. impacting or is likely to impact the to be C. c. rufa (Niles et al. 2008, p. 1), The petition also asserts that the 2006 subspecies. and the declines and threats identified and 2007 Candidate Notices of Review The petition does claim that existing for listing these two populations are for C. c. rufa failed to discuss impacts regulatory mechanisms are inadequate confined to C. c. rufa. The SARA covers of climate change to shorebirds or to conserve foraging habitat on Delaware migratory birds in Canada on private, account for the potential destruction of Bay for red knots foraging on horseshoe provincial, territorial, and Federal habitat due to sea-level rise and other crabs at this key spring migration lands. Under SARA, projects that factors. The petition also asserts that the stopover site (Petition, p. 3). The Service require an environmental assessment Service must consider these factors in has identified the inadequacy of existing must consider the project’s effects on its analysis (Petition, p. 4). However, the regulatory mechanisms related to listed wildlife species, including petition does not claim or provide any habitat destruction and modification, recommendations for measures to avoid evidence that climate change is particularly in Delaware Bay, as a or reduce adverse effects and plans to currently impacting, or is likely to significant threat to C. c. rufa (USFWS monitor the impacts of the project. impact, C. c. roselaari (Petition, pp. 2009, p. 34). However, as C. c. roselaari Destruction of critical habitat of 4–5) in the foreseeable future. Sea-level is believed to be largely or wholly endangered and threatened species rise is addressed above under Factor A. confined to the Pacific coast of the found on Federal lands is prohibited. Besides sea-level rise, climate change Americas during migration and in The SARA has permit issuance criteria could impact red knots as a winter (Niles et al. 2008, p. 1), there is that include minimizing impacts of the consequence of the alteration of weather no evidence that this subspecies passes proposed activity and avoiding jeopardy patterns, resulting in changes to habitat through Delaware Bay. Therefore, C. c. to the species. and environmental conditions, such as roselaari is presumably not affected by In summary, we find that the drying (and therefore potential loss) of changes to habitat caused by inadequate information provided in the petition, as breeding or intertidal habitat or regulatory mechanisms at Delaware Bay. well as other information in our files, alteration in prey availability. As an The Migratory Bird Treaty Act (16 does not present ‘‘substantial scientific arctic nesting shorebird, C. c. roselaari U.S.C. 703–712) (MBTA) is the only or commercial information’’ indicating is adapted to highly variable annual current Federal protection provided for that the petitioned action of listing the conditions on the breeding grounds C. c. roselaari. The MBTA prohibits C. c. roselaari subspecies may be (Meltofte et al. 2007, p. 11). In the short ‘‘take’’ of individuals but, other than for warranted due to inadequacy of existing term, climatic amelioration could nesting sites, provides no authority for regulatory mechanisms. benefit Arctic shorebirds because earlier protection of habitat or food resources. snowmelt and warmer summers Niles et al. (1997, p. 165) report human E. Other Natural or Manmade Factors increase both survival and productivity, disturbance as a major threat to C. c. Affecting Its Continued Existence for example by providing more food rufa throughout its migratory range in The petition and its supporting resources for adults and chicks on the United States. The MBTA does not documentation claim that new evidence breeding grounds (Meltofte et al. 2007, afford red knots protection from human suggests that C. c. roselaari is vulnerable p. 7). In the long term, habitat changes disturbance on migratory and wintering to sudden and imminent extinction due to both breeding and non-breeding areas areas. We believe that human to the inability of a suggested small could affect the subspecies negatively, disturbance to C. c. roselaari on their population size to withstand but it is currently unknown to what breeding grounds is minimal, due to the catastrophic, population-altering events extent shorebirds are able to adapt to remoteness of these areas in Alaska and and harmful genetic mutation (Niles et rapidly changing climatic conditions on Wrangel Island, Russia. We also al. 2008, p. 11; Petition, pp. 4–5). (Meltofte et al. 2007, p. 34). In Alaska, believe limited human disturbance However, the petition materials do not C. c. roselaari currently nests in upland occurs at migration sites in Alaska, support this statement with any tundra habitat, which is drier than the again due to the remote nature of these evidence that this factor is currently Arctic coastal plain; thus, new habitat sites. Human disturbance, such as impacting or is likely to impact this could become available on the Arctic recreational use of beaches, including subspecies in the foreseeable future. coastal plain for this subspecies as foraging and roosting sites, likely occurs Small populations are generally at habitat is lost in montane habitats. on migratory areas along the Pacific greater risk of extinction from stochastic Weather variations are a natural coast of the United States and in processes than are large populations. occurrence and normally are not wintering areas in Mexico and in other However, a given population size will considered to be a threat to the unknown locations, but we lack not carry with it the same risk for all persistence of a species unless the information in our files on the extent of species, and the fact that a species has number of individuals is reduced to a disturbance and, if it is occurring, on low numbers does not necessarily very low level and the individuals are the level of impact to the subspecies. indicate that it may be in danger of concentrated in an area that is subject to In April 2007, the Committee on the extinction in the foreseeable future. weather conditions that are likely to Status of Endangered Wildlife in Canada Although there is uncertainty about the result in mortality or poor productivity determined that the C. c. roselaari type population size of C. c. roselaari, a or both (USFWS 2009, p. 30). While we was threatened (COSEWIC 2007, p. 42). population with possibly fewer than expect climate change to continue into As a result, it is now protected under 10,000 individuals, we do not have the future, and there could be a number Canada’s Federal Species at Risk Act information in our files on vulnerability of different types of effects on C. c. (SARA). The designated unit (referred to of the subspecies to stochastic events in roselaari from climate change, the as ‘‘C. c. roselaari type’’) is defined to the foreseeable future, nor did the available information does not suggest include ‘‘the subspecies roselaari and petitioners provide any information that impacts from climate change are two other populations that winter in regarding this. Consequently, in the likely to result in population-level Florida and northern Brazil and that absence of information identifying effects negatively impacting the seem to share characteristics of threats to the species and linking those subspecies. The petition does not

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present substantial information, nor do any species as an endangered species or uncertainty currently exists regarding we have substantial information in our threatened species even though it is not the population size and trend of this files, to suggest that climate change may listed pursuant to section 4 of the Act subspecies. In addition, in the absence threaten C. c. roselaari in the foreseeable if he finds that— of information identifying threats to the future. (A) Such species so closely resembles subspecies and linking those threats to In summary, we find that the in appearance, at the point in question, the rarity of the species, the Service information provided in the petition, as a species which has been listed does not consider rarity alone to be a well as other information in our files, pursuant to such section that threat. does not present ‘‘substantial scientific enforcement personnel would have On the basis of our determination or commercial information’’ indicating substantial difficulty in attempting to under section 4(b)(3)(A) of the Act, we that the petitioned action of listing the differentiate between the listed and conclude that the petition does not roselaari subspecies may be warranted unlisted species; present ‘‘substantial scientific or due to other natural or manmade factors (B) The effect of this substantial commercial information’’ to indicate affecting its continued existence. difficulty is an additional threat to an that listing C. c. roselaari under the Act endangered or threatened species; and may be warranted. Although we will not Request To List a Broader Taxon (C) Such treatment of an unlisted review the status of the species at this Comprising Both the rufa and species will substantially facilitate the time, we encourage interested parties to roselaari Subspecies enforcement and further the policy of continue to gather data that will assist We next evaluated whether the this Act.’’ with the conservation of C. c. roselaari. petition presents substantial In short, a threshold requirement for The Service is continuing to monitor the information that the petitioned action of listing a species under section 4(e) of subspecies, and studies are ongoing. If listing a broader taxon comprising both the Act is that the species must closely new information on the status or the rufa and roselaari subspecies may be resemble in appearance ‘‘a species distribution of C. c. roselaari is revealed warranted. However, the only which has been listed’’ such that at the conclusion of current studies, we taxonomic unit broader than a enforcement personnel would have will evaluate the new information. If ‘‘subspecies’’ is a ‘‘species,’’ and the substantial difficulty in differentiating you wish to provide information petition does not seek to have the red the listed and unlisted species. In this regarding C. c. roselaari, you may knot species, which consists of six instance, however, neither C. c. rufa or submit your information or materials to subspecies, listed. As there is no C. c. roselaari are listed under the Act. the Field Supervisor, Fairbanks Fish broader taxonomic unit consisting of the Therefore, the petition does not present and Wildlife Field Office (see C. c. rufa and roselaari subspecies a basis for concluding that a ADDRESSES), at any time. together, the Service concludes that the resemblance between the two In addition, we find that the petition petitioned action of listing a broader subspecies would create difficulty for does not present substantial information taxon comprising both the C. c. rufa and enforcement personnel in attempting to that the petitioned action of listing ‘‘a roselaari subspecies does not involve a differentiate between a listed and broader taxon comprising both the rufa listable entity under the Act. unlisted entity. More importantly, subspecies and the roselaari subspecies’’ Accordingly, based on the information however, we are aware of no evidence, may be warranted because the set forth in the petition, information in and none was provided by the petitioned action does not involve a the Service’s files, and other readily petitioners, that commerce or taking of listable entity. Moreover, we find that available information, the petition does C. c. rufa (which, as a candidate species, the petition does not present substantial not present substantial scientific or may be listed in the near future) poses information that a ‘‘national listing commercial information that the a threat to the subspecies, and that based on similarity of appearance’’ petitioned action of listing a broader confusion with C. c. roselaari on the under section 4(e) of the Act may be taxon comprising the rufa and roselaari part of enforcement personnel warranted because there is no listed subspecies may be warranted. contributes to this threat. All subspecies species and, thus, no need for of red knots are protected by the MBTA enforcement personnel to differentiate Request for National Listing Based on and cannot legally be hunted, imported between a listed and unlisted entity. Similarity of Appearance into, or exported from the United States. Additionally, the petition does not The petitioner also seeks a ‘‘national Accordingly, we find that the petition present substantial information that listing based on similarity of does not present substantial information commerce or taking of C. c. rufa (which appearance’’ under section 4(e) of the that listing either C. c. rufa or C. c. as a candidate species, may be listed in Act, ‘‘[g]iven the potential overlap of roselaari based on their similarity of the near future) poses a threat to the rufa and roselaari populations within appearance to each other under section subspecies, and that confusion with C. the southeastern United States.’’ As a 4(e) of the Act may be warranted. c. roselaari on the part of enforcement result, we have evaluated whether the personnel contributes to this threat. All Finding petition presents substantial subspecies of red knots are protected by information that ‘‘a national listing’’ In summary, the petition does not the MBTA and cannot legally be hunted, based on the similarity of appearance present substantial information that the imported into, or exported from the between the C. c. rufa and C. c. roselaari petitioned actions may be warranted. United States. Accordingly, we find that subspecies may be warranted. Specifically, the petition does not the petition does not present substantial Under section 4(e) of the Act, a present substantial information that information that listing either C. c. rufa species not otherwise qualifying as listing C. c. roselaari as endangered may or C. c. roselaari based on their endangered or threatened may be listed be warranted because no specific similarity of appearance to each other based on its close resemblance to a information was provided on threats. under section 4(e) of the Act may be listed species if certain circumstances The petition (p. 4) asserts that the warranted. exist. Specifically, section 4(e) of the Service should consider listing C. c. Act states, ‘‘The Secretary may, by roselaari because its population ‘‘is References Cited regulation of commerce or taking, and to small (probably less than 10,000) and A complete list of references cited is the extent that he deems advisable, treat therefore vulnerable.’’ However, available on the Internet at http://

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www.regulations.gov and upon request and Wildlife Field Office (see Dated: December 8, 2010. from the Fairbanks Fish and Wildlife ADDRESSES). Rowan W. Gould, Field Office (see ADDRESSES). Authority Acting Director, U.S. Fish and Wildlife Service. Authors The authority for this action is the [FR Doc. 2010–33187 Filed 1–3–11; 8:45 am] The primary authors of this notice are Endangered Species Act of 1973, as BILLING CODE 4310–55–P the staff members of the Fairbanks Fish amended (16 U.S.C. 1531 et seq.).

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