Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Proposed Rules 30313

List of Subjects in 40 CFR Part 52 After August 2, 2010, you must (c) Historical and current range, Environmental protection, Air submit information directly to the Field including distribution patterns; FOR FURTHER INFORMATION (d) Historical and current population pollution control, Incorporation by Office (see CONTACT levels, and current and projected trends; reference, Intergovernmental relations, section below). Please note that and Nitrogen dioxide, Ozone, Reporting and we might not be able to address or (e) Past and ongoing conservation recordkeeping requirements, Volatile incorporate information that we receive measures for the species, its habitat, or organic compounds. after the above requested date. ADDRESSES: You may submit both. Authority: 42 U.S.C. 7401 et seq. information by one of the following (2) The factors that are the basis for Dated: May 20, 2010. methods: making a listing determination for a Ira W. Leighton, • Federal eRulemaking Portal: http:// species under section 4(a) of the Acting, Regional Administrator, EPA New www.regulations.gov. In the box that Endangered Species Act of 1973, as England. reads ‘‘Enter Keyword or ID,’’ enter the amended (Act) (16 U.S.C. 1531 et seq.), [FR Doc. 2010–13083 Filed 5–28–10; 8:45 am] Docket number for this finding, which which are: (a) The present or threatened BILLING CODE 6560–50–P is FWS-R4-ES-2009-0020. Check the box that reads ‘‘Open for Comment/ destruction, modification, or Submission,’’ and click the Search curtailment of its habitat or range; (b) Overutilization for commercial, DEPARTMENT OF THE INTERIOR button. You should then see an icon that reads ‘‘Submit a Comment.’’ Please recreational, scientific, or educational Fish and Wildlife Service ensure that you have found the correct purposes; rulemaking before submitting your (c) Disease or predation; (d) The inadequacy of existing 50 CFR Part 17 comment. regulatory mechanisms; or • U.S. mail or hand-delivery: Public (e) Other natural or manmade factors [Docket No. FWS-R4-ES-2009-0020] Comments Processing, Attn: FWS-R4- [MO 92210-0-0008-B2] affecting its continued existence. ES-2009-0020; Division of Policy and (3) The potential effects of climate Endangered and Threatened Wildlife Directives Management; U.S. Fish and change on this species and its habitat. and Plants; 90-Day Finding on a Wildlife Service; 4401 N. Fairfax Drive, If, after the status review, we Petition To List Castanea pumila var. Suite 222; Arlington, VA 22203. determine that listing Castanea pumila ozarkensis We will post all information we var. ozarkensis is warranted, we will receive on http://www.regulations.gov. propose critical habitat (see definition AGENCY: Fish and Wildlife Service, This generally means that we will post in section 3(5)(A) of the Act), in Interior. any personal information you provide accordance with section 4 of the Act, to ACTION: Notice of petition finding and us (see the Request for Information the maximum extent prudent and initiation of status review. section below for more details). determinable at the time we propose to FOR FURTHER INFORMATION CONTACT: list the species. Therefore, within the SUMMARY: We, the U.S. Fish and Mark Sattelberg, Field Supervisor, geographical range currently occupied Wildlife Service (Service), announce a Arkansas Ecological Services Field by Castanea pumila var. ozarkensis, we 90–day finding on a petition to list Office, 110 South Amity Road, Suite request data and information on: Castanea pumila var. ozarkensis (Ozark 300, Conway, AR 72032; by telephone (1) What may constitute ‘‘physical or chinquapin), a tree, as endangered or (501-513-4470); or by facsimile (501- biological features essential to the threatened under the Endangered 513-4480). If you use a conservation of the species,’’ Species Act of 1973, as amended (Act). telecommunications device for the deaf (2) Where these features are currently Based on our review, we find that the (TDD), please call the Federal found, and petition presents substantial scientific Information Relay Service (FIRS) at 800- (3) Whether any of these features may or commercial information indicating 877-8339. require special management that listing this species may be SUPPLEMENTARY INFORMATION: considerations or protection. warranted. Therefore, with the In addition, we request data and publication of this notice, we are Request for Information information on ‘‘specific areas outside initiating a status review of the species When we make a finding that a the geographical area occupied by the to determine if listing Castanea pumila petition presents substantial species’’ that are ‘‘essential to the var. ozarkensis is warranted. To ensure information indicating that listing a conservation of the species.’’ Please that the review is comprehensive, we species may be warranted, we are provide specific comments and are requesting scientific and commercial required to promptly review the status information as to what, if any, critical data and other information regarding of the species (status review). For the habitat you think we should propose for this species. Based on the status review, status review to be complete and based designation if the species is proposed we will issue a 12 month finding on the on the best available scientific and for listing, and why such habitat meets petition, which will address whether commercial information, we request the requirements of section 4 of the Act. the petitioned action is warranted, as information on Castanea pumila var. Please include sufficient information provided in section 4(b)(3)(B) of the Act. ozarkensis from governmental agencies, with your submission (such as scientific DATES: To allow us adequate time to Native American Tribes, the scientific journal articles or other publications) to conduct this review, we request that we community, industry, and any other allow us to verify any scientific or receive information on or before August interested parties. We seek information commercial information you include. 2, 2010. Please note that if you are using on: Submissions merely stating support the Federal eRulemaking Portal (see (1) The species’ biology, range, and for or opposition to the action under ‘‘ADDRESSES’’ section, below), the population trends, including: consideration without providing deadline for submitting an electronic (a) Habitat requirements for feeding, supporting information, although noted, comment is 11:59 p.m. Eastern Daylight breeding, and sheltering; will not be considered in making a Savings Time on this date. (b) Genetics and taxonomy; determination. Section 4(b)(1)(A) of the

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Act directs that determinations as to Mr. Joe Glenn of Hodgen, Oklahoma, and concurred with Little’s (1953) whether any species is an endangered or requesting that the Castanea pumila var. treatment of Castanea arkansana. threatened species must be made ‘‘solely ozarkensis (Ozark chinquapin) be listed Johnson (1988, p. 43) published a on the basis of the best scientific and under the Act as a candidate species. revision of Castanea sect. commercial data available.’’ The petition clearly identified itself as Balanocastanion concurring with You may submit your information such and included the requisite Tucker’s reduction of Castanea concerning this status review by one of identification information for the ozarkensis to a variety of Castanea the methods listed in the ADDRESSES petitioner(s), as required by 50 CFR pumila. Tucker’s reduction is further section. If you submit information via 424.14(a). The petition contained supported in Smith’s (1994, p. 54) Keys http://www.regulations.gov, your entire supporting information regarding the to the Flora of Arkansas. submission—including any personal species’ ecology, threats to the species, Castanea pumila var. ozarkensis is a identifying information—will be posted and survey and occurrence data for a tree in the beech family (Fagaceae). on the website. If you submit a portion of the Ouachita Highlands in Castanea pumila var. ozarkensis has hardcopy that includes personal southeastern Oklahoma. We leaves 10 to 25 centimeters (4 to 10 identifying information, you may acknowledged receipt of the petition in inches (in)) long, broadly lanceolate to request at the top of your document that a February 2, 2004, letter to Mr. Glenn. elliptical, with coarse teeth that are 2.5 we withhold this personal identifying In that letter, we advised the petitioner to 9 millimeters (mm) (0.1 to 0.35 in) information from public review. that, due to a significant number of long with whitish or yellowish-cream However, we cannot guarantee that we court orders and settlement agreements stellate (star-shaped) hairs on the lower will be able to do so. We will post all in Fiscal Year 2004, we would not be surfaces. The bark is light brown to hardcopy submissions on http:// able to address the petitioned request at reddish brown or grayish, with broad www.regulations.gov. that time. flat ridges that break into loose plate- Information and supporting like scales. The fruits are subglobose to documentation that we received and Previous Federal Action ovoid nuts up to approximately 20 mm used in preparing this finding, will be On July 1, 1975 (40 FR 27924), (0.8 in) long enclosed in a spiny burr available for you to review at http:// Castanea pumila var. ozarkensis was with burrs being solitary or in groups of www.regulations.gov, or you may make included as one of the 3000 plant two or three. The subspecies is an appointment during normal business species under status review. It was distinguished from Castanea pumila hours at the U.S. Fish and Wildlife proposed or reviewed by the Service for var. pumila (Allegheny chinquapin) by Service, Arkansas Ecological Services federal listing as an endangered species the larger leaf size, larger teeth, and Field Office (see FOR FURTHER under the Act in 1976 (41 FR 17 24524). larger fruit, which also have hairs INFORMATION CONTACT). We, however, did not finalize that (Steyermark 1963, p. 531; Smith 1994, proposed rule (U.S. Fish and Wildlife p. 54). Background Service 1988). Castanea pumila var. Castanea pumila var. ozarkensis was Section 4(b)(3)(A) of the Act (16 ozarkensis became a category 2 historically a medium-sized tree species U.S.C. 1533(b)(3)(A)) requires that we candidate on December 15, 1980 (45 FR that once grew to 20 meters (m) (65 feet make a finding on whether a petition to 82480 82569). It was again advertised as (ft)), although usually much shorter, but list, delist, or reclassify a species a category 2 candidate on September 27, now rarely reaches heights of more than presents substantial scientific or 1985 (50 FR 53640 53670). The status 9 m (30 ft). Trunks develop from stump commercial information indicating that changed on February 21, 1990 (55 FR sprouts as well as from seeds, but in the petitioned action may be warranted. 6184 6229) to a category 1 candidate recent years, new growth is generally We are to base this finding on species . On September 30, 1993 (58 FR from sprouts. Trees reaching the age to information provided in the petition, 51144 51190) the status changed back to produce fruit (4 to 5 years; Paillet 1993, supporting information submitted with a category 2 candidate species for p. 262) are increasingly rare due to the the petition, and information otherwise listing. fungus parasite (Cryphonectria parasitica) that is responsible for the available in our files. To the maximum Species Information extent practicable, we are to make this chestnut blight disease, which has finding within 90 days of our receipt of Castanea pumila var. ozarkensis was adversely affected many Castanea spp. the petition and publish our notice of first identified as a separate species populations in the United States the finding promptly in the Federal (Castanea ozarkensis) by Ashe (1923, p. (Tucker 1983, pp. 8-9; Steyermark 1963, Register. 60). Ashe described the range of the p. 531). Paillet (1991, p. 10; 1993, pp. Our standard for substantial scientific species as ‘‘common north of the 261-262) noted an area on the Ozark or commercial information within the Arkansas River and westward from National Forest that was cut 4-5 years Code of Federal Regulations (CFR) with Center Ridge, Arkansas, northward to previously that was full of broad regard to a 90–day petition finding is southwestern Missouri and westward to chinquapin crowns and the ground ‘‘that amount of information that would the Valley of the White River’’ (Tucker littered with burs from the summer’s lead a reasonable person to believe that 1983, p. 2). Ashe (1923, p. 361) also nut crop. Based on Paillet’s observation the measure proposed in the petition described a second species, Castanea nearly 20 years ago, it is plausible to may be warranted’’ (50 CFR 424.14(b)). arkansana, in Arkansas. Ashe (1924, p. assume that Castanea pumila var. If we find that substantial scientific or 45) reduced Castanea arkansana to ozarkensis may produce fruit prior to commercial information was presented, varietal status as Castanea ozarkensis succumbing to the blight at some we are required to promptly review the var. arkansana. Little (1953, p. 2, in localities. However, Paillet (1993, p. status of the species, which is Tucker 1983) reduced Castanea 262) reported that these sites were subsequently summarized in our 12– arkansana to synonymy with Castanea increasingly rare in the early 1990’s. month finding. ozarkensis. Tucker (1975, p. 2, in Castanea pumila var. ozarkensis has Tucker 1983) reduced Castanea been described as historically common Petition History ozarkensis to a variety of the more in thin woods, edges of woods, and mid- On January 6, 2004, we received a common Castanea pumila (Castanea successional woods (Tucker 1983, pp. 8- petition, dated December 28, 2003, from pumila var. ozarkensis (Ashe) Tucker) 9). This tree historically occupied

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canopy and subcanopy positions on a present, Castanea pumila var. prescribed burn sites studied by the variety of habitats, including dry upland ozarkensis occurrence and status is petitioner in Oklahoma). deciduous or mixed hardwood-pine tracked by all of the State heritage (3) Castanea pumila var. ozarkensis is communities on acid soils of ridge-tops, programs and the U.S. Department a late successional obligate as it relates upper slopes adjacent to ravines and Agriculture’s Forest Service within the to seedling establishment. gorges, and the tops of sandstone bluffs tree’s range. Evaluation of Information Provided in (C. McDonald 1987, personal Evaluation of Information for this the Petition and Available in Service communication (pers. comm.)). Files Associated trees in these habitats Finding include Quercus alba (white oak), Section 4 of the Act (16 U.S.C. 1533) With regard to the amount of habitat Quercus stellata (post oak), Quercus and its implementing regulations at 50 modification and alteration that has rubra (northern red oak), Nyssa CFR 424 set forth the procedures for occurred within the range of Castanea sylvatica (black gum), Pinus echinata adding a species to, or removing a pumila var. ozarkensis, we generally (short-leaf pine), Morus rubra species from, the Federal Lists of find that the information presented by (mulberry), Carya spp. (hickories), Endangered and Threatened Wildlife the petition is speculative and not Ulmus americana (American elm), and and Plants. A species may be substantial. Further, no supporting Ostrya virginiana (ironwood) determined to be an endangered or information was presented to verify the (Steyermark 1963, p. 531; G. Tucker threatened species due to one or more petition’s claim that Castanea pumila 1976, pers. comm.). Soil conditions of the five factors described in section var. ozarkensis could have once typically are acid and sandstone- 4(a)(1) of the Act: occupied the entire Lower Mississippi derived, and moisture conditions vary (A) The present or threatened Valley. Information provided in the from mesic to dry; shade is variable (G. destruction, modification, or petition and available in our files Tucker 1976, pers. comm.; C. McDonald curtailment of its habitat or range; includes references to records from 1987, pers. comm.). (B) Overutilization for commercial, Louisiana, Mississippi, and Alabama. Castanea pumila var. ozarkensis is recreational, scientific, or educational Johnson (1988, pp. 41-45) recognized generally fire tolerant, but sprouts may purposes; Castanea pumila var. ozarkensis records be damaged by fire (Kral 1983, p. 287). (C) Disease or predation; from the Interior Highlands and Due to blight, dead sprouts and dead (D) The inadequacy of existing Appalachian Mountains. While there is stump wood may act as a fuel for fire regulatory mechanisms; or support for an Appalachian-Ozarkian and affect the remaining live sprouts. (E) Other natural or manmade factors floristic relationship, floristic relationships to the lower Mississippi Distribution and Status affecting its continued existence. In making this 90–day finding, we Valley and Gulf Coastal Plain can only Castanea pumila var. ozarkensis is evaluated whether information be considered speculative at this time located throughout the Interior regarding threats to the Castanea pumila (Johnson 1988, p. 47). The habitat loss claims in the petition Highlands in Arkansas (34 counties), var. ozarkensis, as presented in the are not supported in available, peer- Missouri (9 counties), and Oklahoma (8 petition and other information available reviewed literature and are contrary to counties)(Kratesz 1994). Castanea in our files, is substantial, thereby other existing information in our files. pumila var. ozarkensis currently indicating that the petitioned action The Ozark–Ouachita Highlands remains widespread within the Interior may be warranted. Our evaluation of Highlands of Arkansas and is less Assessment (OOHA) 1999 Terrestrial this information is presented below. common and widespread within the Vegetation and Wildlife Report, uplands of southwestern Missouri and A. The Present or Threatened prepared by a collaborative team of eastern Oklahoma. Localities with seed- Destruction, Modification, or natural resource specialists and research producing trees are greatly diminished Curtailment of Habitat or Range scientists, examined historic and from pre-blight era. However, asexually existing forest conditions throughout Information Provided in the Petition reproducing populations still occur the Interior Highlands of Arkansas, throughout the tree’s historic The petition cites several factors Missouri, and Oklahoma (U.S. Forest distribution. Herbarium specimens are regarding the destruction and Service 1999, section 5). The area of all that remains to support the existence modification of Castanea pumila var. analysis overlaps much of the range of of Castanea pumila var. ozarkensis in ozarkensis habitat, including: Castanea pumila var. ozarkensis. OOHA Alabama (four localities in the (1) The range of Castanea pumila var. descriptions of vegetation cover or Appalachian Mountains). Data to ozarkensis has been reduced over past silvicultural practices do not indicate support the abundance and distribution times (geologic time scale) because it significant reductions in suitable habitat of Castanea pumila var. ozarkensis in once could have occupied the entire for Castanea pumila var. ozarkensis. the Appalachian Mountains is lacking, Lower Mississippi Valley. Based on the Oak–hickory and oak–pine forest types and researchers have been unable to petitioner’s personal observations, continue to be common forest types in find extant populations in this region. several million acres of suitable habitat the Interior Highlands. The upland oak– The Interior Highlands contain the only in the Interior Highlands on both public hickory forest type provided the known extant populations of Castanea (particularly on national forest lands in dominant cover within the region at the pumila var. ozarkensis at this time the region) and private lands have been time of the OOHA. It covered 15 million (Johnson 1988, pp. 43-45). lost since the 1960s, mostly due to acres (6.1 million hectares) or about 36 At present, there are greater than 300 anthropogenic (human) disturbance. percent of the area. The oak–pine forest element occurrences in the Interior (2) Late successional habitats have type provided the second most Highlands. Individual site records been reduced through ‘‘pine plantation extensive cover. It covered 4.4 million commonly report multiple Castanea style’’ forest management, which has acres (1.8 million hectares) or 11 pumila var. ozarkensis sprout clumps. reduced habitat quality through percent of the area. These vary from tens to hundreds of prescribed burning (including the fact Ashe (1923) described the range of the individual sprout clumps at an element that vigorous Castanea pumila var. species as ‘‘common north of the occurrence record site (Kratesz 1994). At ozarkensis growth did not occur at Arkansas River and westward from

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Center Ridge, Arkansas, northward to dry slopes and hilltops.’’ It is most pumila var. ozarkensis occurs (Spetich southwestern Missouri and westward to common on upland slopes and ridges, 2004, pp. 49-50 and 65-66). the Valley of the White River.’’ cliff margins, and talus slopes, where it In addition, information in our files Steyermark (1963, p. 531) states that is found on soils derived from does not support the petition’s claim Louisiana and Mississippi are sandstone, limestone, or on chert-rich, that Castanea pumila var. ozarkensis sometimes included as part of the clayey soils. habitat and seedling establishment have Castanea pumila var. ozarkensis range, The petition also states that Castanea been reduced due to a reduction in late but specimens examined from those pumila var. ozarkensis is a late seral successional and mesic habitat. Tucker States have been proven not to be obligate and that excessive shading (1983, p. 15) stated that Castanea Castanea pumila var. ozarkensis. This is contributes to branch mortality and pumila var. ozarkensis formerly was a contrary to the statements made by the crown retardation. These characteristics member of the climax community, but petitioner which states that the species would not be expected in a species that presently is one of the first species to occurs in Louisiana and Mississippi. needs late successional forest conditions regenerate following a disturbance (e.g., With regard to the reduction of late for optimal growth. Tucker (1983, p. 15) clear-cut, prescribed fire). Paillet (1991, successional habitats, the OOHA stated that Castanea pumila var. p. 10; 1993, pp. 261-262) noted an area recognized Castanea pumila var. ozarkensis formerly was a member of on the Ozark National Forest that was ozarkensis as a species of viability the climax community, but presently is cut 4 to 5 years previously that was full concern, the habitat description being one of the first species to regenerate of broad chinquapin crowns and the ‘‘ ’’ woodland, fire maintained (U.S. following a disturbance (e.g., clear-cut, ground littered with burs from the Forest Service 1999, p. 137). Loss of prescribed fire). Paillet (1991, p. 10; summer’s nut crop. natural fire regimes is recognized as a 1993, pp. 261-262) noted an area on the threat to the health and sustainability of In summary, we find that the Ozark National Forest that was cut 4 to- information provided in the petition, as oak–hickory and oak–pine ecosystems 5 years previously that was full of broad in which Castanea pumila var. well as other information in our files, chinquapin crowns and the ground does not present substantial scientific or ozarkensis occurs (Spetich 2004, pp. 49- littered with burs from the summer’s 50 and 65-66). However, given the commercial information indicating that nut crop. The species requires sunlight the petitioned action may be warranted understanding of fire as it relates to to establish seedlings, which, again, is ecosystem health and sustainability due the present or threatened not characteristic of late successional destruction, modification, or within most of the habitats where forest conditions that were fire- Castanea pumila var. ozarkensis is curtailment of habitat or range. maintained. Information in our files known to occur, we cannot conclude However, we will further investigate the does not support the petitioner’s claim that prescribed burning is negatively potential threat of the present or that this species is a late seral obligate. influencing the species, even with the threatened destruction, modification, or The species is found on a variety of knowledge that individual sprout curtailment of habitat or range in our aspects and forest community types on clumps may be top-killed during status review for this species. the Ouachita and Ozark National prescribed burns. Prescribed fire Forests. Information in our files B. Overutilization for Commercial, reduces fuel availability in the forest, indicates that Castanea pumila var. Recreational, Scientific, or Educational which reduces the threat of catastrophic ozarkensis prefers forests at an early Purposes wildfires that are likely a greater threat to Castanea pumila var. ozarkensis than seral stage. No information was presented in the prescribed fire. Summary of Factor A petition, or is available in our files, to The petition claims, based on the indicate that Castanea pumila var. petitioner’s personal observations, that The information in our files does not ozarkensis may warrant listing due to the species is dependent on mesic support the petition’s claim that overutilization for commercial, conditions for seedling establishment Castanea pumila var. ozarkensis has recreational, scientific, or educational and growth. The petition also states that suffered a significant range reduction. purposes. Castanea pumila var. ozarkensis occurs While there is support for an C. Disease or Predation in areas with abrupt changes in Appalachian-Ozarkian floristic topography, including talus flow relationship, floristic relationships to Information Provided in the Petition margins, drainage margins, steep upper the lower Mississippi Valley and Gulf slopes, rocky outcrops, and ridge tops; Coastal Plain can only be considered The petition cites two diseases that he also quoted a historical reference speculative at this time (Johnson 1988, threaten Castanea pumila var. (Palmer 1923) that stated a similar array p. 47). Castanea pumila var. ozarkensis ozarkensis populations: of habitat types. These descriptions tend is still widespread and abundant (1) Ink disease, caused by Phytopthora to be more indicative of drier type areas throughout the majority of its extant cinnamomi, is known to attack the root and not of mesic, closed canopy forest. range in the Interior Highlands, systems of all North American Castanea While the species is known to occur on particularly on public lands. species. Phytopthora cinnamomi spores mesic sites, mesic site obligation is not The information in our files also does spread through groundwater, and thus is in alignment with widely accepted not support the petition’s claim that most prevalent in low-lying areas. The ecological descriptions and dynamics Castanea pumila var. ozarkensis habitat petition did not identify it as an known to sustain most of the forested has been reduced due to prescribed immediate threat because the current ecosystems where this species is burning. The habitat description for range of Castanea pumila var. currently found. Castanea pumila var. Castanea pumila var. ozarkensis is ozarkensis is restricted to upland areas ozarkensis is common in dry deciduous described as ‘‘woodland, fire of the Interior Highlands. Phytopthora or mixed hardwood-pine communities. maintained’’ (U.S. Forest Service 1999, cinnamomi is prevalent in many areas Turner (1937) said of Castanea pumila p. 137). Loss of natural fire regimes is of the Gulf Coastal Plain, and the var. ozarkensis, ‘‘Although it grows recognized as a threat to the health and petitioner believes that this portion of better in soils fairly well supplied with sustainability of oak–hickory and oak– Castanea pumila var. ozarkensis’ moisture, it also grows on rocky, rather pine ecosystems in which Castanea historic range is presently unsuitable for

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occupation due to the disease p. 1). The blight affects all North and status of sexually reproductive infestation. American Castanea species, and its populations to determine whether blight (2) Chestnut blight, caused by the effect on Castanea pumila var. infestation in Castanea pumila var. fungal parasite Cryphonectria ozarkensis was noted beginning in the ozarkensis will result in the extirpation parasitica, attacks the stems of all North 1940s. of these populations, which would limit American Castanea species but is not Castanea pumila var. ozarkensis, like all remaining populations to asexual directly pathogenic to the root system. the American chestnut (Castanea reproduction. There also is no data in Since its introduction, chestnut blight dentata), has sprout clumps that are the Service’s files to predict what effect has severely impacted Castanea pumila capable of persisting in the understory the loss of sexually reproducing var. ozarkensis throughout the Interior of established woodlands for many Castanea pumila var. ozarkensis would Highlands by causing the loss of the years without seed production. have on the survival of the species. majority of mature stems. The species Castanea pumila var. ozarkensis sprouts Therefore, we rely on data in our files continues to survive because the root are released when seed production is related to other Castanea species to use systems have remained intact and suppressed. In one Arkansas locality, as a surrogate for comparison. Stillwell continue to sprout new stems that are the sprouts experience rapid growth and et al. (2003, pp. 3-4) discuss several eventually killed by the chestnut blight. produced seeds within a few years of effects to Castanea dentata as a An unpublished, non-peer-reviewed release (Paillet, 1993, p. 267). However, consequence of chestnut blight, report written by the petitioner localities with fruit production were including from ecological changes and described personal observations of increasingly rare by the 1970’s (Tucker, the diminished importance of sexual Castanea pumila var. ozarkensis on a 1983, pp. 9, 16). Tucker (1983, pp. 9, 16) reproduction on the amount and portion of the Ouachita National Forest could locate only two sexually distribution of genetic diversity in the in LeFlore County, Oklahoma. The reproducing populations out of several species. First, the chestnut blight report described the petitioner’s hundred localities investigated in the significantly alters the ecology of assessments of the life expectancy of Interior Highlands from 1967 – 1983. Castanea species, which may reduce the blight-affected sprout clumps of various Castanea pumila var. ozarkensis also overall level of genetic diversity. sizes with assumptions of varying responds favorably to forest thinning. Secondly, chestnut blight may affect the degrees of blight resistance. The report Paillet (2002, pp. 1522, 1523) observed distribution of genetic variance within concluded that based on observations, Castanea pumila var. ozarkensis sprouts and among populations. This could environmental factors also had dominating the biomass of recent clear- occur by genetic drift from the reduced contributed to the decline of the species. cuts in the Ozark Mountains of northern population size or from the vegetative The report also describes the Arkansas. In the absence of competition, expansion of root collars, both of which petitioner’s assessment that factors such Castanea pumila var. ozarkensis is often would tend to diminish genetic variance as genetic resistance and early maturity able to survive several years until it within patches. of stems have not halted seed becomes infected with the blight. It Knowles and Grant (1981, p. 4, in production of Castanea pumila var. persists despite the blight, mainly Stillwell et al. 2003) and Mitton and ozarkensis, at the evaluated sites. The because of its ability to sprout new Grant (1980, p. 4, in Stillwell et al. petitioner indicates that chestnut blight stems asexually as opposed to sexual 2003) present contrasting information may not present an insurmountable reproduction through fruit production. on long-lived trees and the general threat to the survival of the species. Sexually reproducing stands were perception that more heterozygous increasingly rare by the early 1970’s Evaluation of Information Provided in individuals are less variable and better (Tucker, 1983, pp. 9, 16), and it is the Petition and Available in Service adapted in fluctuating environments. plausible to conclude that even fewer Files Many long-lived tree species show an stands may persist via sexual excess of heterozygosity suggesting that We are not aware of any information reproduction two decades later. selection favoring heterozygotes is to indicate that ink disease poses a Despite the shift in reproductive relatively subtle and hence is more significant threat to Castanea pumila strategy and a shorter life span for the likely to have an effect over the course var. ozarkensis at this time. On the other stems, chestnut blight has not affected of a long lifespan. Subtle differences in hand, information provided in the the distribution and abundance of the performance of genotypes may be petition and in our files does indicate Castanea pumila var. ozarkensis in the magnified in importance as Castanea that chestnut blight is widely Interior Highlands of Arkansas, clones have aged over the last 70 plus recognized as the dominant threat to Missouri, and Oklahoma. Information in years and even relatively small fitness Castanea pumila var. ozarkensis. our files indicates that Castanea pumila effects may accumulate to have Chestnut blight was first noticed in var. ozarkensis has degenerated to conspicuous effects on the genetics of American chestnut trees (Castanea stands consisting mostly of stump populations (Stillwell et al. 2003, p. 4). dentata) in New York City in 1904. Over sprouts. There have been some isolated The results of Stillwell et al. (2003, a period of about 20 years, the blight localities in which sprouts have pp. 9-11) suggest that the chestnut blight spread throughout the range of the survived 5 or more years and produced has had significant effects on the American chestnut, reducing this fruit post-blight infection but genetics of Castanea dentata important forest tree to a multiple- indications are that these sites have populations. They found that a slight stemmed shrub. The fungus enters become increasingly rare since the early growth advantage for heterozygous wounds in the bark and grows under the 1990’s. Tucker (1983, p. 25) states that genotypes has resulted in a profound bark, eventually killing the cambium all chestnut blight is responsible for the excess of heterozygotes within the way around the infected area. This mortality of extant sexually reproducing populations. Studies of different age results in the death of most of the above- populations, reducing populations to classes (seeds, seedlings, and stands of ground portion of the tree. After top-kill, primarily asexual reproduction, and that differing age) show an increase in sprouts develop at the base of the tree sexually reproductive populations may heterozygosity with increasing age from dormant buds. These sprouts grow, become extirpated. within other tree species. The difference become infected, and die, and the We do not have sufficient information observed by Stillwell et al. (2003, pp. 9- process is repeated (Anagnostakis 2000, to substantiate the current distribution 11) is that all extant Castanea dentata

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genotypes are more than 70 years old indicates that chestnut blight has and readily available in our files, we and many that succumbed to the blight adversely affected the biology (sexually have determined that substantial as mature canopy trees are much older. reproductive populations are greatly information was not presented or Therefore, as selection favors a diminished from pre-blight status) of available that suggests listing may be population of heterozygous individuals, Castanea pumila var. ozarkensis and warranted due to the present or there are no new recruits to restore the other Castanea species in the past 70 threatened destruction, modification or population toward Hardy-Weinberg years since infestation occurred and curtailment of habitat or range (Factor equilibrium (a constant state of genetic may threaten the reproductive status A). The petition did not include any variation in a population from one and genetic diversity of extant information related to Factors B, D, and generation to the next in the absence of populations. While the overall level of E. Because we have found that the disturbance). Prolonged absence of genetic diversity within and among petition presents substantial sexual reproduction in Castanea populations of Castanea pumila var. information indicating that listing dentata has resulted in a change in ozarkensis is not well understood, there Castanea pumila var. ozarkensis may be population genetics. is genetic information on other Castanea warranted, we are initiating a status The high mortality of Castanea species to suggest that ecological review to determine whether listing dentata stems in conjunction with near changes and the diminished prevalence total elimination of sexual reproduction of sexual reproduction may reduce the Castanea pumila var. ozarkensis under could have resulted in the loss of some amount and distribution of genetic the Act is warranted. (mostly rare) alleles (Loveless and diversity. The ‘‘substantial information’’ Hamrick 1984; Leberg 1992 in Stillwell In summary, the chestnut blight has standard for a 90–day finding differs et al). It is not clear, however, whether disrupted the life cycle of Castanea from the Act’s ‘‘best scientific and this slightly lower genetic diversity is a pumila var. ozarkensis by reducing the commercial data’’ standard that applies result of the blight epidemic...Huang et sexual reproduction to isolated areas, to a status review to determine whether al 1998 suggested that the low genetic forcing the species to survive mainly by a petitioned action is warranted. A 90– diversity of the American chestnut asexual reproduction. The blight has day finding does not constitute a status resulted in the high susceptibility to threatened the reproductive status and review under the Act. In a 12–month attack by blight, rather than that the low may threaten the genetic diversity of finding, we will determine whether a genetic diversity was a direct extant populations. We find that the petitioned action is warranted after we consequence of the blight pandemic, information provided in the petition, as have completed a thorough status and that other Castanea species with well as other information in our files, review of the species, which is more diverse allozyme variation are less presents substantial scientific or conducted following a substantial 90– susceptible to epidemics. In the absence commercial information indicating that day finding. Because the Act’s standards of pre-blight genetic population the petitioned action may be warranted for 90–day and 12–month findings are structure, it is difficult to make any due to disease from chestnut blight. definitive statement on changes in different, as described above, a D. Inadequacy of Existing Regulatory genetic diversity due to the chestnut substantial 90–day finding does not Mechanisms blight pandemic (Stillwell et al. 2003, p. mean that the 12–month finding will 10). No information was presented in the result in a warranted finding. petition, or is available in our files, to Summary to Factor C References Cited indicate that Castanea pumila var. Information provided by the ozarkensis may warrant listing due to A complete list of references cited is petitioner and in our files indicates that the inadequacy of existing regulatory available on the Internet at http:// ink disease does not pose a significant mechanisms. www.regulations.gov and upon request threat now or in the foreseeable future from the Arkansas Ecological Services to the continued existence of extant E. Other Natural or Manmade Factors Affecting the Species’ Continued Field Office (see FOR FURTHER Castanea pumila var. ozarkensis INFORMATION CONTACT). populations. Information in our files Existence supports the petition’s assertion that No information was presented in the Authors chestnut blight may pose a substantial petition, or is available in our files, to threat to the species and that chestnut indicate that Castanea pumila var. The primary authors of this notice are blight is the greatest threat to the ozarkensis may warrant listing due to the staff members of the Arkansas continued existence of Castanea pumila other natural or manmade factors Ecological Services Field Office (see FOR var. ozarkensis. affecting the species’ continued FURTHER INFORMATION CONTACT). While the personal observations cited existence. Authority by the petitioner of Castanea pumila Finding var. ozarkensis described on a portion of The authority for this action is section the Ouachita National Forest are On the basis of our evaluation of the 4 of the Endangered Species Act of informative and useful in understanding information presented under section 1973, as amended (16 U.S.C. 1531 et the extent of chestnut blight occurrence 4(b)(3)(A) of the Act, we have seq.). in the western extreme of the species’ determined that the petition presents range, the information does not indicate substantial scientific or commercial Dated: May 19, 2010. any overall change in the species’ range, information indicating that listing Gregory E. Siekaniec, distribution, or abundance in spite of Castanea pumila var. ozarkensis Acting Director, U.S. Fish and Wildlife the continued existence of disease throughout its entire range may be Service. threats that have been acknowledged in warranted due to disease or predation [FR Doc. 2010–13069 Filed 5–28–10; 8:45 am] the past and continue at present. (Factor C). Following a review of the BILLING CODE 4310–55–S However, information in our files information presented in the petition

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