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Secretary, Federal Communications parties may file comments on this Based on these status reviews, we will Commission. Notice of Proposed Rulemaking on or issue 12-month findings on the petition, • All hand-delivered or messenger- before 30 days after publication in the which will address whether the delivered paper filings for the Federal Register, and interested parties petitioned actions are warranted under Commission’s Secretary must be may file reply comments on or before 45 section 4(b)(3)(B) of the Act. delivered to FCC Headquarters at 445 days after publication in the Federal DATES: To allow us adequate time to 12th St., SW, Room TW–A325, Register. conduct this review, we request that we Washington, DC 20554. The filing hours Bulah P. Wheeler, receive information on or before March are 8 a.m. to 7 p.m. All hand deliveries 21, 2011. Please note that if you are must be held together with rubber bands Deputy Manager, Federal Communications Commission. using the Federal eRulemaking Portal or fasteners. Any envelopes must be (see ADDRESSES section, below), the [FR Doc. 2011–938 Filed 1–18–11; 8:45 am] disposed of before entering the building. deadline for submitting an electronic • BILLING CODE 6712–01–P Commercial overnight mail (other comment is Eastern Standard Time on than U.S. Postal Service Express Mail this date. and Priority Mail) must be sent to 9300 ADDRESSES: You may submit East Hampton Drive, Capitol Heights, DEPARTMENT OF THE INTERIOR information by one of the following MD 20743. methods: • U.S. Postal Service first-class, Fish and Wildlife Service Federal eRulemaking Portal: http:// Express, and Priority mail must be www.regulations.gov. In the box that addressed to 445 12th Street, SW., 50 CFR Part 17 reads ‘‘Enter Keyword or ID,’’ enter the Washington DC 20554. [Docket No. FWS–R8–ES–2011–0005; Docket number for this finding, which 40. People with Disabilities: To 92220–1113–0000–C5] request materials in accessible formats is [insert docket number]. Check the box ‘‘ for people with disabilities (Braille, Endangered and Threatened Wildlife that reads Open for Comment/ ’’ large print, electronic files, audio and ; 90-Day Finding on a Submission, and then click the Search format), send an e-mail to Petition To Delist or Reclassify From button. You should then see an icon that ‘‘ ’’ [email protected] or call the Consumer & Endangered to Threatened Six reads Submit a Comment. Please Governmental Affairs Bureau at 202– Species ensure that you have found the correct 418–0530 (voice), 202–418–0432 (tty). rulemaking before submitting your AGENCY: Fish and Wildlife Service, comment. VI. Ordering Clauses Interior. U.S. mail or hand-delivery: Public 41. Accordingly, it is ordered that ACTION: Notice of 90-day petition Comments Processing, Attn: [FWS- pursuant to sections 4(i) and 303 of the findings and initiation of status reviews. insert docket number]; Division of Communications Act of 1934, as Policy and Directives Management; U.S. amended, 47 U.S.C. 154(i) and 303, this SUMMARY: We, the U.S. Fish and Fish and Wildlife Service; 4401 N. Notice of Proposed Rulemaking is Wildlife Service (Service), announce a Fairfax Drive, Suite 222; Arlington, VA adopted. 90-day finding on a petition to delist 22203. 42. It is further ordered that pursuant californica (avita) subsp. We will post all information we to sections 4(i) and 303 of the eurekensis (Eureka Valley evening- receive on http://www.regulations.gov. Communications Act of 1934, as primrose) and alexandrae This generally means that we will post amended, 47 U.S.C. 154(i) and 303, the (Eureka Valley dunegrass), and any personal information you provide petitions for rulemaking filed by reclassify the tidewater goby us (see the Request for Information Highway Information Systems, Inc., on (Eucyclogobius newberryi), Acmispon section below for more details). July 16, 2008, and the American dendroideus (Lotus scoparius subsp.) After March 21, 2011, you must Association of State Highway and var. traskiae (San Clemente Island submit information directly to the Field Transportation Officials on March 16, broom), Malacothamnus clementinus Office (see FOR FURTHER INFORMATION 2009, are granted to the extent indicated (San Clemente Island bush-mallow), and CONTACT). Please note that we might not herein. Castilleja grisea (San Clemente Island be able to address or incorporate 43. It is further ordered that pursuant Indian paintbrush) from endangered to information that we receive after the to sections 4(i) and 303 of the threatened under the Endangered above requested date. Communications Act of 1934, as Species Act of 1973, as amended (Act). FOR FURTHER INFORMATION CONTACT: For amended, 47 U.S.C. 154(i) and 303, the Based on our review, we find that the information regarding Acmispon petition for ruling filed by the American petition presents substantial scientific dendroideus (Lotus scoparius subsp.) Association of Information Radio or commercial information indicating var. traskiae, Malacothamnus Operators filed on September 9, 2008, is that the petitioned actions may be clementinus and Castilleja grisea, denied. warranted. Therefore, with the contact Jim Bartel, Field Supervisor, by 44. It is further ordered that the publication of this notice, we are mail at U.S. Fish and Wildlife Service, Commission’s Consumer and initiating status reviews of these taxa to Carlsbad Fish and Wildlife Office, 6010 Governmental Affairs Bureau, Reference determine if the respective actions of Hidden Valley Road, Carlsbad, CA Information Center, shall send a copy of delisting and reclassifying are 92009; by telephone at (760–431–9440); this Notice of Proposed Rulemaking, warranted. Section 4(c)(2)(A) of the Act or by facsimile at (760–431–9624). including the Initial Regulatory also requires a status review of listed For information regarding Oenothera Flexibility Analysis, to the Chief species at least once every 5 years. We californica (avita) subsp. eurekensis, Counsel for Advocacy of the Small are therefore electing to conduct these Swallenia alexandrae, and the tidewater Business Administration. reviews simultaneously. To ensure that goby, contact Diane Noda, by mail at 45. It is further ordered that pursuant these status reviews are comprehensive, Ventura Fish and Wildlife Office, 2493 to applicable procedures set forth in we are requesting scientific and Portola Road, Suite B, Ventura, CA §§ 1.415 and 1.419 of the Commission’s commercial data and other information 93003; by telephone (805–644–1766); or rules, 47 CFR 1.415, 1.419, interested regarding these species and subspecies. by facsimile (805–644–3958). If you use

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a telecommunications device for the Act directs that determinations as to determine, on the basis of such a deaf (TDD), please call the Federal whether any species is an endangered or review, whether or not any species Information Relay Service (FIRS) at threatened species must be made ‘‘solely should be removed from the List 800–877–8339. on the basis of the best scientific and (delisted), or reclassified from SUPPLEMENTARY INFORMATION: commercial data available.’’ endangered to threatened, or threatened You may submit your information to endangered. Our regulations at 50 Request for Information concerning these status reviews by one CFR 424.21 require that we publish a When we make a finding that a of the methods listed in the ADDRESSES notice in the Federal Register petition presents substantial section. If you submit information via announcing those species currently information indicating that delisting or http://www.regulations.gov, your entire under active review. We published a reclassifying a species may be submission—including any personal notice May 21, 2010 (75 FR 28636), warranted, we are required to promptly identifying information—will be posted announcing the review of Acmispon review the status of the species (status on the Web site. If you submit a dendroideus (Lotus scoparius subsp.) review). For the status reviews to be hardcopy that includes personal var. traskiae, Malacothamnus complete and based on the best identifying information, you may clementinus, and Castilleja grisea. This available scientific and commercial request at the top of your document that notice announces our active review of information, we request information on we withhold this personal identifying the (avita) subsp. Oenothera californica (avita) subsp. information from public review. eurekensis, Swallenia alexandrae, and eurekensis, Swallenia alexandrae, the However, we cannot guarantee that we the tidewater goby. will be able to do so. We will post all tidewater goby, Acmispon dendroideus Petition History (Lotus scoparius subsp.) var. traskiae, hardcopy submissions on http:// Malacothamnus clementinus, and www.regulations.gov. On May 18, 2010, we received a Castilleja grisea from governmental Information and supporting petition dated May 13, 2010, from The agencies, Native American Tribes, the documentation that we received and Pacific Legal Foundation, requesting the scientific community, industry, and any used in preparing this finding is Service to delist Oenothera californica other interested parties. We seek available for you to review at http:// (avita) subsp. eurekensis and Swallenia information on: www.regulations.gov, or you may make alexandrae, and to reclassify the (1) The species’ biology, range, and an appointment during normal business tidewater goby, Acmispon dendroideus population trends, including: hours at the U.S. Fish and Wildlife (Lotus scoparius subsp.) var. traskiae, (a) Habitat requirements for feeding, Service, Carlsbad or Ventura Fish and Malacothamnus clementinus, and breeding, and sheltering; Wildlife Offices (see FOR FURTHER Castilleja grisea based on the analysis (b) Genetics and ; INFORMATION CONTACT). and recommendations contained in the most recent 5-year reviews for these (c) Historical and current range, Background including distribution patterns; taxa. The petition clearly identified (d) Historical and current population Section 4(b)(3)(A) of the Act (16 itself as such and included the requisite levels, and current and projected trends; U.S.C. 1533(b)(3)(A)) requires that we identification information for the and make a finding on whether a petition to petitioner, as required by 50 CFR (e) Past and ongoing conservation list, delist, or reclassify a species 424.14(a). The petition contained minor measures for the species, its habitat, or presents substantial scientific or nomenclatural discrepancies for some both. commercial information indicating that taxa. However, we have used the (2) The factors that are the basis for the petitioned action may be warranted. currently accepted names of these taxa making a listing/delisting/downlisting We are to base this finding on in this finding, and the finding determination for a species under information provided in the petition, addresses all of the petitioned taxa. supporting information submitted with section 4(a) of the Endangered Species Previous Federal Actions Act of 1973, as amended (Act) (16 the petition, and information otherwise U.S.C. 1531 et seq.), which are: available in our files. To the maximum Under the Act, we maintain a List of (a) The present or threatened extent practicable, we are to make this Endangered and Threatened Wildlife destruction, modification, or finding within 90 days of our receipt of and Plants at 50 CFR 17.11 (for animals) curtailment of its habitat or range; the petition and publish our notice of and 17.12 (for plants) (List). We amend (b) Overutilization for commercial, the finding promptly in the Federal the List by publishing final rules in the recreational, scientific, or educational Register. Federal Register. Section 4(c)(2)(A) of purposes; Our standard for substantial scientific the Act requires that we conduct a (c) Disease or predation; or commercial information within the review of listed species at least once (d) The inadequacy of existing Code of Federal Regulations (CFR) with every 5 years. Section 4(c)(2)(B) requires regulatory mechanisms; or regard to a 90-day petition finding is that we determine: (1) Whether a (e) Other natural or manmade factors ‘‘that amount of information that would species no longer meets the definition of affecting its continued existence. lead a reasonable person to believe that threatened or endangered and should be Please include sufficient information the measure proposed in the petition removed from the List (delisted); (2) with your submission (such as may be warranted’’ (50 CFR 424.14(b)). whether a species listed as endangered references to scientific journal articles If we find that substantial scientific or more properly meets the definition of or other publications) to allow us to commercial information was presented, threatened and should be reclassified to verify any scientific or commercial we are required to promptly conduct a threatened (downlisted); or (3) whether information you include. species status review, which we a species listed as threatened more Submissions merely stating support subsequently summarize in our 12- properly meets the definition of for or opposition to the action under month finding. endangered and should be reclassified consideration without providing Section 4(c)(2)(A) of the Act requires to endangered (uplisted). Using the best supporting information, although noted, that we conduct a review of listed scientific and commercial data cannot be considered in making a species at least once every 5 years. We available, we will consider a species for determination. Section 4(b)(1)(A) of the are then, under section 4(c)(2)(B), to delisting if the data substantiate that the

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species is neither endangered nor Bureau of Land Management (BLM) to review was completed in 2007 (73 FR threatened for one or more of the National Park Service (NPS), and at the 11945; March 5, 2008). The Service following reasons: (1) The species is time, the Service was uncertain about recommended downlisting the tidewater considered extinct; (2) the species is how the NPS would manage the threats goby (Service 2007c, p. 36); however, considered to be recovered; or (3) the to the species (Service 2007a, p. 4; the Service recommended that the original data available when the species Service 2007b, p. 2). In the 2007 5-year proposed downlisting action be deferred was listed, or the interpretation of such review, the Service recommended until taxonomic research referred to in data, were in error. delisting Oenothera californica (avita) the Genetics section of the 2007 5-year The two Eureka Valley plants were subsp. eurekensis (Service 2007a, p. 14) review was published, because there listed as endangered in 1978 (Table 1). and Swallenia alexandrae (Service was a high likelihood that taxonomic A recovery plan was published for both 2007b, p. 11). changes to the tidewater goby were in 1982. Critical habitat has not been The tidewater goby was listed as imminent (Service 2007c, p. 35). Part of designated for either . A notice of endangered in 1994 (Table 1). In 1999, this research was recently published review initiation was published for the the Service proposed to delist (Earl et al. 2010) and will be considered two Eureka Valley plants in 1983 (48 FR populations of tidewater goby in areas in the 12-month status review. 55100; December 8, 1983), 1991 (56 FR north of Orange and San Diego Counties 56882; November 6, 1991), and 2005 (70 and retain populations in Orange and The three San Clemente plants were FR 39327; July 7, 2005). For the review San Diego Counties as an endangered listed as endangered in 1977 (Table 1). conducted in 1983, the Service distinct population segment (64 FR A recovery plan was published for each concluded in a notice of 5-year review 33816; June 24, 1999). Critical habitat in in 1984. Critical habitat has not been completion that there were no Orange and San Diego Counties was designated for any of these three plants. substantial data to suggest a change in designated in 2000 (65 FR 69693 Notice of review initiations were status for either of these two plants (50 November 20, 2000). The proposed rule published in 1982 (47 FR 42387; FR 29900; July 22, 1985). A status to delist northern populations was September 27, 1982), 1987 (52 FR review for the two Eureka Valley plants withdrawn in 2002 (67 FR 67803; 25523; July 7, 1987), 1991 (56 FR 56882; was next completed in 1994 (Noell November 7, 2002). In 2003, the U.S. November 6, 1991), 2005 (70 FR 39327; 1994). Based on this 1994 status review, District Court for the Southern District July 7, 2005), and 2010 (75 FR 28636; the Service recommended downlisting of California ordered the Service to May 21, 2010). A 5-year status review each of these two plants. The 5-year promulgate a revised critical habitat rule was completed for each of these three review conducted in 2007 for each of that considered the entire geographic plants in 2007 (73 FR 11945; March 5, these two plants notes that the Service range of the tidewater goby, and the 2008). In the 5-year status reviews, the did not publish a proposed rule to Service published a new critical habitat Service recommended downlisting downlist either of these species rule in 2008 (73 FR 5920; January 31, Acmispon dendroideus (Lotus scoparius following the 1994 status review, 2008). A recovery plan for the tidewater subsp.) var. traskiae (Service 2007d, p. because, under the 1994 Desert goby was published in 2005. A notice of 22), Malacothamnus clementinus Protection Act, the lands where these review initiation was published in 2006 (Service 2007e, p. 28), and Castilleja plants occurred were passed from (71 FR 14538; March 22, 2006), and the grisea (Service 2007f, p. 19).

TABLE 1—PREVIOUS FEDERAL ACTIONS FOR THE SIX TAXA ADDRESSED IN THIS PETITION FINDING

Critical habitat Recovery plan Most recent 5-year review and Species name Date listed and status designated published recommendation

Oenothera californica (avita) May 27, 1978 (43 FR NA ...... December 13, 1982 ... September 24, 2007 Delist. subsp. eurekensis (Eureka 17910) Endangered. Valley evening-primrose). Swallenia alexandrae (Eure- May 27, 1978 (43 FR NA ...... December 13, 1982 .. September 24, 2007 Delist. ka Valley dunegrass). 17910). Endangered ...... Tidewater goby February 4, 1994 (59 January 31, 2008 (73 December 7, 2005 ..... September 28, 2007 Downlist. (Eucyclogobius newberryi). FR 5494) Endangered. FR 5920). Acmispon dendroideus August 11, 1977 (42 FR NA ...... January 26, 1984 ...... September 24, 2007 Downlist. (Lotus scoparius subsp.) 40682) Endangered. var. traskiae (San Clemente Island broom). Malacothamnus clementinus August 11, 1977 (42 FR NA ...... January 26, 1984 ...... September 28, 2007 Downlist. (San Clemente Island 40682) Endangered. bush-mallow). Castilleja grisea (San August 11, 1977 (42 FR NA ...... January 26, 1984 ...... September 24, 2007 Downlist. Clemente Island Indian 40682) Endangered. paintbrush).

Species Information sufficient rainfall, plants undergo rapid of Eureka Valley, Inyo County, stem elongation in April and May and California (Bagley 1986). These Oenothera californica (avita) subsp. bloom between April and July. In occupied dune systems include the eurekensis (Eureka Valley evening- general, O. c. subsp. eurekensis Eureka Dunes, Saline Spur Dunes, and primrose) is a short-lived herbaceous occupies the stabilized, gentle dune Marble Canyon Dunes, all of which are perennial in the (evening- slopes, extending out onto the shallower public lands managed by Death Valley primrose) family that forms small basal rosettes of leaves. During years with sand fields bordering the dune systems National Park. For more information on

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the life history, biology, and distribution The subspecies is endemic to San plant is often associated with maritime of O. c. subsp. eurekensis, see the 2007 Clemente Island (Isely 1993) and is one cactus scrub on coastal flats at the 5-year review of the species on http:// of five representatives of the genus southwestern end of the island (Junak www.regulations.gov or http:// Acmispon found on the island (U. S. and Wilken 1998). The collection of www.fws.gov/endangered/. Department of the Navy, Southwest moisture in rock crevices and at the base Swallenia alexandrae (Eureka Valley Division 2002). Acmispon dendroideus of canyon walls and escarpments may dunegrass) is a perennial, hummock- var. traskiae is typically less than 4 feet provide favorable conditions for this forming (traps and accumulates wind- (1.2 meters) in height, with slender, species (S. Junak pers. comm. 2006). For blown soil and sand at the base of erect green branches (Munz 1974). Since more information on the life history, plants) grass. Swallenia is a monotypic the 1970s, the distribution of A. d. var. biology, and distribution of M. genus of (grass family). Plants traskiae has been documented, and its clementinus, see the 2007 5-year review are dormant during the winter, but range includes north-facing slopes over of the species on http:// begin to produce new shoot growth most of the eastern and western sides of www.regulations.gov or http:// around February. While growth the island (Service 1984; U. S. www.fws.gov/endangered/. accelerates in May, plants produce Department of the Navy, Southwest Castilleja grisea (San Clemente Island loose, multi-branched clusters of Division 2002; Junak and Wilken 1998; Indian paintbrush) is a highly branched flowers between April and June and Junak 2006). Occurrence data for this perennial subshrub in the disperse seeds between May and July species also span the entire length of the Orobanchaceae (broom-rape) family. (Service 1982). In general, S. alexandrae island, with several occurrences The species is endemic to San Clemente occupies relatively steep slopes of three documented in Wilson Cove, and one Island (Chuang and Heckard 1993) and dune area systems in the southern occurrence documented at the southern is the only representative of the genus portion of Eureka Valley (Bagley 1986): tip of the island east of Pyramid Cove; Castilleja found on the island Eureka Dunes, Saline Spur Dunes, and a distance of approximately 19 mi (31 (Helenurm et al. 2005). Castilleja grisea Marble Canyon Dunes. These dunes are km) (Junak and Wilken 1998; Junak is typically 11.5 to 31.5 inches (3 to 8 all within 9.3 mi (15 km) of each other. 2006). The majority of the remaining decimeters) in height and covered with All populations are on public lands occurrences tend to be clustered on a dense white-wooly felt. The flowers of managed by Death Valley National Park. north-facing slopes on the eastern side C. grisea are yellow. The original range For more information on the life history, of the island. For more information on and distribution of C. grisea on San biology, and distribution of S. the life history, biology, and distribution Clemente Island is speculative, because alexandrae, see the 2007 5-year review of A. d. var. traskiae, see the 2007 5-year its decline began before thorough of the species on http:// review of the species as Lotus botanical studies were completed. www.regulations.gov or http:// dendroideus var. traskiae on http:// However, since initial surveys were www.fws.gov/endangered/. www.regulations.gov or http:// conducted in 1996 and 1997, C. grisea The tidewater goby (Eucyclogobius www.fws.gov/endangered/. has expanded its distribution to include newberryi) is a small fish that inhabits steep canyon walls on the western side Malacothamnus clementinus (San discrete locations of brackish water of the island (Junak and Wilken 1998). Clemente Island bush-mallow) is a along the California coast. The species Occurrence data (as defined by the rounded subshrub (plants with stems is found from Tillas Slough (mouth of reporters, not equivalent to CNDDB woody at the base only) in the the Smith River, Del Norte County) near occurrences) for this species span the Malvaceae (mallow) family. It grows up the Oregon border south to Cockleburr southern two-thirds of the island, a to 6.6 feet (2 meters) tall, with numerous Canyon (northern San Diego County). distance of approximately 17.5 mi (28 branched stems arising from its base The tidewater goby is known to have km). For more information on the life (Munz and Johnston 1924; Munz and formerly inhabited at least 135 localities history, biology, and distribution of C. Keck 1959; Bates 1993; S. Junak pers. within this range (Service 2005). The grisea, see the 2007 5-year review of the comm. 2006). The species’ leaves are northern limit of the species’ range has species on http://www.regulations.gov angularly 3–5 lobed or nearly circular or not changed; however, the southern or http://www.fws.gov/endangered/. limit is now 9.2 mi (14.8 km) farther ovate, less than 2 inches (5 centimeters) north from its historically known in length and conspicuously bicolored, Evaluation of Information for This southernmost location, Agua Hedionda with green, sparsely pubescent (covered Finding Lagoon (San Diego County) (Swift et al. with short, fine hairs) upper surfaces Section 4 of the Act (16 U.S.C. 1533) 1989). Tidewater gobies appear to be and veiny, white, and hairy under and its implementing regulations at 50 naturally absent (now and historically) surfaces that are densely matted with CFR part 424 set forth the procedures from three large (50 to 135 mi (80 to 217 branching hairs (Munz and Johnston for adding a species to, or removing a km)) stretches of coastline where 1924). Plants bloom between March and species from, the Federal Lists of lagoons or estuaries are absent and steep August (California Native Plant Society Endangered and Threatened Wildlife topography or swift currents may 2001). Malacothamnus clementinus is and Plants. A species may be prevent tidewater gobies from the only species in its genus that occurs determined to be an endangered or dispersing between adjacent localities on San Clemente Island (Tierra Data Inc. threatened species due to one or more (Swift et al. 1989). For more information 2005). Malacothamnus clementinus is of the five factors described in section on the life history, biology, and restricted to San Clemente Island, where 4(a)(1) of the Act: distribution of the tidewater goby, see it occurs in a range of conditions, (A) The present or threatened the 2007 5-year review of the species on including rock crevices along canyon destruction, modification, or http://www.regulations.gov or http:// walls, at the base of rocky walls, at the curtailment of its habitat or range; www.fws.gov/endangered/. base of escarpments between coastal (B) Overutilization for commercial, Acmispon dendroideus (Lotus terraces, along canyon rims and recreational, scientific, or educational scoparius subsp.) var. traskiae (San ridgelines, and in vegetated flats (S. purposes; Clemente Island broom) is a semi- Junak pers. comm. 2006; Junak and (C) Disease or predation; woody, short-lived (less than 5 years), Wilken 1998; U. S. Department of the (D) The inadequacy of existing subshrub in the Fabaceae (pea family). Navy, Southwest Division 2001). The regulatory mechanisms; or

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(E) Other natural or manmade factors section 4 of the Act; we hereby cite and 35). In addition, threats identified at the affecting its continued existence. incorporate the data and time of listing had been reduced or were We must consider these same five recommendations in the 5-year reviews not as serious as thought. One of the factors in delisting a species. We may for each of these respective species. main threats identified at the time of delist a species according to 50 CFR Accordingly, we have already listing was habitat destruction and 424.11(d) if the best available scientific previously evaluated information alteration. Current laws and regulations and commercial data indicate that the regarding threats as presented in the have largely eliminated the major species is neither endangered nor petition (see the 2007 5-year reviews of destruction of habitat that occurred in threatened for the following reasons: the species on http:// the past along the coast of California (1) The species is extinct; www.regulations.gov or http:// (Service 2007c, p. 35). (2) The species has recovered and is www.fws.gov/endangered/.) Based on The primary reasons for the no longer endangered or threatened; or the analyses and recommendations recommendations in the 2007, 5-year (3) The original scientific data used at contained in the 5-year reviews for each review to downlist Acmispon the time the species was classified were of the six petitioned taxa, we conclude dendroideus (Lotus scoparius subsp.) in error. the petition and information in our files var. traskiae, Malacothamnus In making this 90-day finding, we represent substantial information clementinus, and Castilleja grisea were evaluated whether information indicating the petitioned actions may be removal of feral pigs and goats from San regarding threats to Oenothera warranted. Clemente Island by 1992 and californica (avita) subsp. eurekensis, The primary rationale for the subsequent increases in the distribution Swallenia alexandrae, the tidewater recommendations in the 2007, 5-year and abundance of each of these three goby, Acmispon dendroideus (Lotus reviews to delist Oenothera californica plants (Service 2007d, p. 17; Service scoparius subsp.) var. traskiae, (avita) subsp. eurekensis and Swallenia 2007e, pp. 21–22; Service 2007f, p. 14). Malacothamnus clementinus and alexandrae was that the primary threat In addition, in 2002 the Department of Castilleja grisea, as presented in the to the two plant taxa at the time of the Navy adopted the San Clemente petition and other information available listing—unrestricted off-highway Island Integrated Natural Resources in our files, is substantial, thereby vehicle (OHV) use—has been eliminated Management Plan which helps promote indicating that the petitioned actions (Service 2007a, p. 13; Service 2007b, p. the conservation of these three plants by may be warranted. Our evaluation of 11). At the time of listing, the Eureka identifying a number of goals and this information is presented below. Dunes was managed by the Bureau of objectives designed to protect and Land Management and open to Information Provided in the Petition restore habitat (Service 2007d, p. 17; unrestricted OHV use. Following Service 2007e, pp. 21–22; Service 2007f, The petitioner requested the Service publication of the proposed rule to list p. 14). to delist Oenothera californica (avita) the two Eureka Valley plants, the subsp. eurekensis and Swallenia Bureau closed the Eureka Dunes and Since completion of the 5-year alexandrae, and reclassify the tidewater some of the surrounding area to OHVs reviews for the six petitioned species, goby, Acmispon dendroideus (Lotus in 1976 and designated campsites, additional information has become scoparius subsp.) var. traskiae, closed undesignated routes, installed available and will be considered in our Malacothamnus clementinus, and vehicle barriers, increased ranger patrols status reviews. Specifically, we have Castilleja grisea, based on the analysis to enforce vehicle closures, conducted received additional monitoring data for and recommendations contained in the monitoring, and instituted an the two Eureka Valley plants, and, as most recent 5-year reviews of these taxa. educational outreach program (Service noted above, additional genetic and The petitioner cited the 5-year reviews 2007a, p. 8; Service 2007b, p. 6). The taxonomic information for the tidewater for each of these respective species as 1994 Desert Protection Act passed goby has been published. The recently supporting information for the petition. management of the Eureka Valley from published genetic information indicates that there is a divergent southern clade Evaluation of Information Provided in the Bureau to Death Valley National Park (Park). The Park designated all of of tidewater gobies in northern San the Petition and Available in Service Diego County that may warrant Files the dune systems within Eureka Valley as wilderness areas, and illegal OHV use classification as a separate species (Earl On March 5, 2008 (73 FR 11945), we within these areas has occurred only on et al. 2010, p. 103). This and any published a notice of completion of 58 a sporadic basis. Other potential threats additional information we receive in 5-year reviews, including the have been identified such as horseback response to this finding will be recommendation of status changes for riding and sandboarding and incorporated into our status reviews. the six petitioned species. Status change competition from Russian thistle, but Finding recommendations for these species are we were unable to find evidence that shown in Table 1. Each 5-year review these threats were having an adverse On the basis of our determination contains general background and life effect on the status of Oenothera under section 4(b)(3)(A) of the Act, we history information, overview of californica (avita) subsp. eurekensis or have determined that the petition recovery criteria, an analysis of threats Swallenia alexandrae (Service 2007a, p. presents substantial scientific or specific to each taxon based on the five 13; Service 2007b, p. 11). commercial information indicating that listing factors in section 4 the Act, and The primary rationale for the delisting Oenothera californica (avita) recommendation of status change, if recommendation in the 2007, 5-year subsp. eurekensis and Swallenia appropriate. The petitioner cited the 5- review to downlist tidewater goby was alexandrae and reclassifying the year reviews for each of these respective that the number of known occupied tidewater goby, Acmispon dendroideus species as supporting information for localities had more than doubled since (Lotus scoparius subsp.) var. traskiae, the petition, but provides no other the time it was listed from 48 localities Malacothamnus clementinus, and information. In each 5-year review to 106, indicating that the species was Castilleja grisea may be warranted. This conducted for the six petitioned species, more resilient to perturbations and finding is based on information we analyzed the threats specific to each climatic factors such as drought than provided in our analysis of the threats taxon based on the five listing factors in previously believed (Service 2007c, p. to each taxon contained in the most

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recent 5-year reviews for each of these action is warranted. Because the Act’s subsp.) var. traskiae, Malacothamnus taxa. standards for 90-day and 12-month clementinus, and Castilleja grisea were Because we have found that the findings are different, as described announced on May 21, 2010 (75 FR petition presents substantial above, a substantial 90-day finding does 28636). not mean that the 12-month finding will information indicating that delisting References Cited Oenothera californica (avita) subsp. result in a warranted finding. A complete list of references cited is eurekensis and Swallenia alexandrae, 5-Year Reviews and reclassifying the tidewater goby, available on the Internet at http:// www.regulations.gov and upon request Acmispon dendroideus (Lotus scoparius Section 4(c)(2)(A) of the Act requires from the Carlsbad or Ventura Fish and subsp.) var. traskiae, Malacothamnus that we conduct a review of listed Wildlife Office (see FOR FURTHER clementinus, and Castilleja grisea, may species at least once every 5 years. We INFORMATION CONTACT). be warranted, we are initiating status are then, under section 4(c)(2)(B), to reviews for each taxon to determine determine, on the basis of such a Author whether the petitioned actions of review, whether or not any species delisting or reclassifying are warranted. The primary authors of this notice are should be removed from the List the staff members of the Carlsbad and The ‘‘substantial information’’ (delisted), or reclassified from Ventura Fish and Wildlife Offices (see standard for a 90-day finding differs endangered to threatened, or threatened FOR FURTHER INFORMATION CONTACT). from the Act’s ‘‘best scientific and to endangered. Our regulations at 50 commercial data’’ standard that applies CFR 424.21 require that we publish a Authority: The authority for this action is notice in the Federal Register the Endangered Species Act of 1973, as to a status review to determine whether amended (16 U.S.C. 1531 et seq.). a petitioned action is warranted. A 90- announcing those species currently day finding does not constitute a status under active review. This notice Dated: January 3, 2011. review under the Act. We will complete announces our active review of the Gregory E. Siekaniac, a thorough status review of the species Oenothera californica (avita) subsp. Acting Director, U.S. Fish and Wildlife following a substantial 90-day finding. eurekensis, Swallenia alexandrae, and Service. In the resulting 12-month finding, we tidewater goby. Active reviews for [FR Doc. 2011–1050 Filed 1–18–11; 8:45 am] will determine whether a petitioned Acmispon dendroideus (Lotus scoparius BILLING CODE 4310–55–P

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