Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Proposed Rules 57273

Issued: October 2, 2007. Background of the Clearwater, and two other private Stephen R. Kratzke, Section 4(b)(3)(A) of the Endangered citizens (hereafter referred to as the Associate Administrator for Rulemaking. Species Act of 1973, as amended (16 petitioners). The petition clearly [FR Doc. E7–19735 Filed 10–5–07; 8:45 am] U.S.C. 1531 et seq.) (Act), requires that identified itself as a petition and included the requisite identification BILLING CODE 4910–59–P we make a finding on whether a petition to list, delist, or reclassify a species, information for the petitioners, as presents substantial scientific or required in 50 CFR 424.14(a). The commercial information to indicate that petition contained information on the DEPARTMENT OF THE INTERIOR the petitioned action may be warranted. natural history of the giant Palouse To the maximum extent practicable, we earthworm and potential threats to the species. Potential threats discussed in Fish and Wildlife Service are to make the finding within 90 days the petition include destruction and of our receipt of the petition, and modification of habitat, disease and 50 CFR Part 17 publish a notice of the finding promptly predation, inadequacy of regulatory Endangered and Threatened Wildlife in the Federal Register. This finding summarizes the mechanisms, and other natural and and Plants; 90-Day Finding on a manmade factors, such as invasive and information included in the petition and Petition To List the Giant Palouse noxious weeds and road-building information available to us at the time Earthworm as Threatened or activities. Endangered of the petition review. Under section On October 2, 2006, we notified the 4(b)(3)(A) of the Act and our regulations petitioners that our initial review of the AGENCY: Fish and Wildlife Service, in 50 CFR 424.14(b), our review of a 90- petition for the giant Palouse earthworm Interior. day finding is limited to a determination concluded that an emergency listing of whether the information in the ACTION: was not warranted, and that, due to Notice of 90-day petition petition meets the ‘‘substantial finding. court orders and judicially approved information’’ threshold. Our standard settlement agreements for other listing for substantial information within the SUMMARY: We, the U.S. Fish and actions, we would not be able to further Wildlife Service (Service), announce a Code of Federal Regulations (CFR) with address the petition to list the giant 90-day finding on a petition to list the regard to a 90-day petition finding is Palouse earthworm at that time. This giant Palouse earthworm (Driloleirus ‘‘that amount of information that would finding addresses the petition. lead a reasonable person to believe that americanus) as threatened or Species Information endangered under the Endangered the measure proposed in the petition Species Act of 1973, as amended. We may be warranted’’ (50 CFR 424.14(b)). The giant Palouse earthworm was first find that the petition does not provide If we find that substantial information described by Frank Smith in 1897 after substantial scientific or commercial was presented, we are required to he discovered it near Pullman, information to indicate that listing the promptly commence a review of the Washington: ‘‘* * * this species is very giant Palouse earthworm may be status of the species. abundant in that region of the country We have to satisfy the Act’s warranted. Therefore, we will not be and their burrows are sometimes seen requirements that we use the best initiating a status review in response to extending to a depth of over 15 feet.’’ available science to make our decisions. this petition. However, we encourage Although only a few specimens have However, we do not conduct additional the public to submit to us any new been collected, early descriptions and research at this point, nor do we subject information that becomes available collection locations indicated that the the petition to rigorous critical review. concerning this species. giant Palouse earthworm can be as long Rather, at the 90-day finding stage, we a 3 feet (0.9 meters) and is considered DATES: The finding announced in this accept the petitioners’ sources and by some an endemic that utilizes document was made on October 9, 2007. characterizations of the information, to grassland sites with good soil and native ADDRESSES: Data and new information the extent that they appear based on vegetation of the Palouse bioregion concerning the giant Palouse earthworm accepted scientific principles (such as (James 1995, p. 1; Niwa et al. 2001, p. may be submitted to the Supervisor, citing published and peer-reviewed 34). It has been described as an Anecic Upper Columbia Fish and Wildlife articles, or studies done in accordance earthworm, one of three basic Office, U.S. Fish and Wildlife Service, with valid methodologies), unless we earthworm types, based on its 11103 East Montgomery Drive, Spokane, have specific information to the functional role in the soil ecosystem. WA 99206. The petition, administrative contrary. Our finding considers whether Anecic earthworms are the largest and finding, supporting data, and comments the petition states a reasonable case that longest lived (James 2000, pp. 8–10, received will be available for public listing may be warranted based on the 1995, p. 6). Anecic earthworms inspection, by appointment, during information presented. Thus, our 90-day uniquely contribute to the soil normal business hours at the above finding expresses no view as to the ecosystem by transporting fresh plant address. ultimate issue of whether the species material from the soil surface to should be listed. subterranean levels. The deep burrows FOR FURTHER INFORMATION CONTACT: On August 30, 2006, we received a also aid in water infiltration (James Susan Martin, Field Supervisor, at the petition, dated August 18, 2006, from a 2000, p. 9; Edwards 2004, pp. 30–31). above address, by phone at (509) 891– private citizen and five other concerned 6838, or facsimile at (509) 891–6748. parties requesting that we emergency Population Status Please include ‘‘giant Palouse list the giant Palouse earthworm The petition stated that since the earthworm scientific information’’ in (Driloleirus americanus) as threatened initial description of the giant Palouse the subject line for faxes. If you use a or endangered, and that critical habitat earthworm, sightings have been telecommunications device for the deaf be designated concurrently with the extremely infrequent. In 2005, a (TDD), call the Federal Information listing. The other five concerned parties University of Idaho graduate student Relay Service (FIRS) at 800–877–8339. include the Palouse Prairie Foundation, conducting soil samples was the first SUPPLEMENTARY INFORMATION: the Palouse Audubon Society, Friends person in nearly two decades to report

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a sighting of this earthworm (University information provided in the petition studies of the best-known European of Idaho 2006, p. 1). Prior to this and readily available in our files, is varieties. The petition states that the sighting, two specimens were collected presented below. high application rates of ammonium- in 1988 by University of Idaho based nitrogen fertilizer over the past 40 A. Present or Threatened Destruction, researchers studying pill beetles in a years in the Palouse bioregion have Modification, or Curtailment of the forest clearing. A specimen was also increased soil pH and reduced soil Species Habitat or Range collected by Fender in 1978 (Fender productivity. According to Edwards et 1985, pp. 93–132). An indication of the Agriculture al. (1995, p. 202) earthworms are very species’ rarity is documented by Fauci The petition states that the giant sensitive to ammonia-based fertilizers. and Bezdicek (2002, pp. 257–260); they Palouse earthworm is threatened by the Similarly, studies have shown that surveyed earthworms at 46 sites in the extensive conversion of native Palouse earthworms are susceptible to mortality Palouse bioregion without one prairie grassland habitat to non-native from chemical exposure, including collection of the giant Palouse annual crop production. The petition pesticides. Earthworms are particularly earthworm. states that, based on historic accounts vulnerable to herbicides that change or As of 1990, three distinct collection and very few documented observations destroy the vegetation upon which they sites had been identified: Near Moscow, of the earthworm, it is endemic to this depend. According to Edwards and Idaho; near Pullman, Washington; and Bohlen (1996, p. 283), the toxicities of in the hills west of Ellensburg, habitat. According to the petition, the giant Palouse earthworm is particularly different chemicals and pesticides on Washington (Fender and McKey-Fender earthworms vary greatly. 1990, p. 358). It should be noted that the vulnerable to habitat loss due to its collection site west of Ellensburg is narrow geographic range. During the The petition did not provide any outside of the Palouse bioregion, which past 125 years, the Palouse prairie has information that indicated the types and casts some doubt on whether the giant experienced dramatic conversion of amounts of pesticides and herbicides Palouse earthworm is endemic only to native vegetation and habitat, primarily that have been applied to farmed lands that area. Ellensburg is located 27 miles due to agricultural development. within the Palouse bioregion. It also (43.5 kilometers) west of the Columbia In general, earthworms are influenced provided little information indicating River, which is the western most extent by four environmental factors: Moisture, the amounts of ammonia-based fertilizer of the Palouse bioregion. temperature, soil pH, and food resource that was applied to farmlands in the The petition also states that due to the quality and quantity (James 1995, p. 5; bioregion. 2000, p. 1). It has been stated that temperate climate in the Palouse Little information is available bioregion, earthworms are mainly active ‘‘agricultural practices replace earthworm functional roles with regarding the population status or extent in autumn and spring. Additionally, of the giant Palouse earthworm. according to Fender (1995, p. 58), giant mechanical and chemical inputs, and tend to reduce earthworm populations’’ Although the Palouse prairie grassland Palouse earthworms generally form habitat has been extensively impacted permanent burrows at least 14.7 feet (4.5 (James 1995, p. 12). According to the petition, it is believed that the giant by agriculture, very limited information meters) deep and can move very rapidly exists on the specific habitat limitations to escape a shovel. This may account for Palouse earthworm is likely less tolerant of disturbances due to agriculture than of the giant Palouse earthworm or on the fact that, in the presence of very impacts to it from agricultural activities. limited formal studies of native its native and non-native earthworm counterparts within the bioregion. Most of the information presented in the earthworms in the bioregion, there have petition is related to other native and been only a few recorded sightings of Because temperature and moisture patterns tend to be more extreme for exotic earthworm species, and therefore the giant Palouse earthworm in the past it is difficult to draw specific 107 years. grassland habitat types than, for example, forested or shrub land habitat conclusions related to whether any of Threats Analysis types, it is possible that earthworms that the potential threats raised in the Section 4 of the Act and are limited to grassland habitat types are petition affect the giant Palouse implementing regulations (50 CFR part more vulnerable to site-specific earthworm. 424), set forth procedures for adding degradation (James 2000, pp. 1–2). Suburban Human Development species to the Federal Lists of Agricultural practices that create long Endangered and Threatened species. periods of bare soil can intensify the The petition states that the Palouse Under section 4(a)(1) of the Act, we may effect of weather on earthworms, such region is currently undergoing a surge in list a species on the basis of any of five as during flooding and drought high-density housing construction and factors, as follows: (A) The present or conditions (James 2000, p. 2). its associated infrastructure. In addition threatened destruction, modification, or The petition states that soil to the footprint of suburban housing curtailment of its habitat or range; (B) compaction occurs from the use of development and apartment complexes overutilization for commercial, agricultural machinery, development, with associated parking lots, access recreational, scientific, or educational and grazing. Soil compaction affects the roads fragment existing habitat for this purposes; (C) disease or predation; (D) soil food web, soil composition, and species. County roads are being the inadequacy of existing regulatory functional groups that live within the upgraded and widened to handle the mechanisms; or (E) other natural or soil ecosystem (Niwa et al. 2001, p. 13). increase in motorized traffic. The manmade factors affecting its continued Soil pore size is reduced (Niwa 2001, p. petition states that maintaining these existence. In making this 90-day 13); favoring exotic earthworms species vehicular by-ways, specifically runoff finding, we evaluated the petition and that are more tolerant of course soils pollution from them, is often toxic to its supporting information to determine than native species (Fender and McKey- humans, animals, insects and whether substantial scientific or Fender 1990, pp. 363–364; Edwards et invertebrates. The petition states that commercial information was presented al. 1995, pp. 200–201). According to the giant Palouse earthworm is to indicate that listing the giant Palouse James (2000, p. 6) and others, soil pH is particularly vulnerable to habitat loss earthworm may be warranted. Our often a limiting factor on earthworm due to its narrow geographic range evaluation of these threats, based on distribution; this conclusion is based on (James 2000, p. 8).

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Summary of Factor A C. Disease or Predation The petition states that the Interior Columbia Basin Ecosystem Management We found that a large percent of the The petition states that the removal of Project (ICBEMP) was initiated to Palouse prairie grassland has been native plants and the agricultural develop an ecosystem-based converted to agriculture. However, one practice of leaving cropland bare for management strategy for managing of the rare sightings of the species long periods of time create an Federal lands of the Interior Columbia occurred outside the Palouse prairie (in environment where native species, such River Basin. Earthworms in particular the hills west of Ellensburg, as the giant Palouse earthworm, are are not mentioned in the Environmental Washington), and therefore it is unclear susceptible to predation by birds (James Impact Statement or proposed decision if the species is endemic only to that 1995, p. 11). The petition states that (ICBEMP 2003). The ICBEMP report area. Because the extent of the giant pathogens are known to have been does state that, ‘‘An overview of the Palouse earthworm historic range is transmitted to native earthworms by Palouse subbasin wouldn’t be complete unknown, we are unable to assess exotic earthworms, either as passive unless the giant Palouse earthworm was habitat loss or the species’ reduction in carriers or as intermediate hosts mentioned’’ (ICBEMP 2003, p.131). range. We have no data to confirm that (Hendrix and Bohlen 2002, p. 802). However, neither the giant Palouse the species is endemic to the Palouse Summary of Factor C earthworm nor any other native bioregion. The species may be affected earthworm species is listed as a priority by agricultural practices that utilize We could locate no information species in Washington, even though chemicals and result in soil compaction specific to predation of the giant grassland is considered a priority and composition, but we have no data Palouse earthworm or to transmission of habitat in this bioregion by the that verify or quantify these threats to pathogens by exotic earthworms, in the Washington Department of Fish and the species. petition or our files. There was also no Wildlife. We found very little data, in the population data provided that could be According to the petition, the petition or in our files, directly related used to determine the extent of any regulation of earthworms imported into to the giant Palouse earthworm threats to this earthworm by predation. the United States is based on the indicating the extent of any impact to Therefore, we find that the petition does Federal Plant Pest Act (7 U.S.C. 150aa– the population across its range, or not present substantial scientific or 150jj, May 23, 1957, as amended 1968, verifying the range of the species. commercial information to document 1981, 1983, 1988 and 1994), under Overall, the petitioners’ claim is not that disease or predation may be a factor which the Animal and Plant Health supported by the information available. threatening the continued existence of Inspection Service controls imports Therefore, we find that the petition does the giant Palouse earthworm. containing soil that might carry not present substantial scientific or D. Inadequacy of Existing Regulatory pathogens. The petition cited Hendrix commercial information that present or Mechanisms and Bohlen (2002, p. 809), who threatened destruction, modification, or observed that, ‘‘In the absence of curtailment of the species’ habitat or The petition states that there are no pathogens, it appears that any range may be a factor threatening the Federal, state, or local regulations that earthworm species may be imported, continued existence of the giant Palouse specifically protect the giant Palouse that is, there is no specific consideration earthworm. earthworm or its habitat. The petition of earthworms as invasive organisms.’’ indicates that the Palouse Subbasin According to the petition, regulation has B. Over Utilization for Commercial, Management Plan, developed as part of not been effective in reducing the Recreational, Scientific, or Educational the Northwest Power and Conservation importation of exotic earthworm species Purposes Council review process for the to the United States from other parts of subbasins in the Columbia River Basin, the world, and the petitioners believe The petition states that three of the contains three objectives (7, 8, and 15) that this poses a direct threat to the last few reported individuals of this that are relevant to the giant Palouse existence of the giant Palouse species have been inadvertently killed earthworm and its habitat. Objective 7 is earthworm and other native earthworm during research activities focused on designed to protect native grassland species in the United States. reporting the rarity of its existence. habitat within the Palouse subbasin, Summary of Factor D Summary of Factor B however there is no indication that this objective would be regulatory rather We found the petition to be correct in We could find no reliable population than voluntary in nature, and it does not that there are no existing regulatory size or trend data for the giant Palouse provide specific protection for the giant mechanisms for the giant Palouse earthworm in the petition or in our files Palouse earthworm. Objective 8 is earthworm or for other native that would enable us to determine designed to restore lost or degraded earthworms. However, we could not whether the loss of four documented grassland habitat within the Palouse determine the existence of any threats collections of the earthworm since 1978 subbasin by identifying feasible the earthworm may face, now or in the may be a threat to the species’ existence. opportunities for restoration. This foreseeable future, due to this lack of Based on our review, the petitioners’ objective does not define ‘‘feasible regulation. So little information exists, claim is not supported by the opportunities,’’ and appears to rely on a about the population size, trends, information available. Therefore, we voluntary approach, which provides no habitat needs, and limiting factors of the find that the petition does not present regulatory protection for the giant giant Palouse earthworm, we could not substantial scientific or commercial Palouse earthworm. Objective 15 is determine if lack of regulations may information to document that over designed to increase wildlife habitat pose a threat to the species. Therefore, utilization for commercial, recreational, value on agricultural land for focal we find that the petition does not scientific, or educational purposes may species; however, it too is voluntary in present substantial scientific or be a factor threatening the continued nature and does not provide specific commercial information to document existence of the giant Palouse protection for the giant Palouse that lack of regulatory mechanisms may earthworm. earthworm or its habitat. be a factor threatening the continued

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existence of the giant Palouse 1990, p. 358), suggesting that the species DEPARTMENT OF THE INTERIOR earthworm. may not be endemic to the specific bioregion. We agree with the petitioners Fish and Wildlife Service E. Other Natural or Manmade Factors that the Palouse prairie has experienced Affecting Its Existence a dramatic conversion of native habitat 50 CFR Part 17 The petition states that, in general, to agricultural practices; however, RIN 1018–AV05 native earthworms are vulnerable to information linking the effect this may habitat disturbance and invasion by have had on the earthworm is currently Endangered and Threatened Wildlife exotic species (James 1995, p. 5). nonexistent. and Plants; Designation of Critical According to the petition, invasion of Information regarding the range, Habitat for the Sierra Nevada Bighorn exotic species is a twofold threat to the distribution, population size, and status Sheep and Proposed Taxonomic giant Palouse earthworm. First, exotic of the giant Palouse earthworm is very Revision plants and animals degrade native limited, which curtails any assessment Palouse grassland habitat by reducing of population trends. This limits our AGENCY: Fish and Wildlife Service, the beneficial functions native species ability to assess whether the species Interior. provide and by performing different may be impacted by the threats listed in ACTION: Proposed rule; reopening of functions themselves. Second, native the petition. comment period and notice of public earthworm species are displaced by We evaluated the petition and the hearing. exotic earthworm species better able to literature cited, and information SUMMARY: We, the U.S. Fish and adapt to a degraded habitat. The petition available in our files. Based on our Wildlife Service (Service) announce the describes non-native plants current understanding of the species’ reopening of the public comment period intentionally and accidentally distribution and population numbers, and the scheduling of one public introduced into the Palouse bioregion, our analysis, and a review of factors hearing on the proposed critical habitat including Poa pratensis (Kentucky affecting the species as presented in the designation for the Sierra Nevada bluegrass), Bromus tectorum petition, we find that the petition does bighorn sheep (Ovis canadensis (cheatgrass), and Centaurea solstitialis not present substantial information californiana) and proposed taxonomic (yellow starthistle). demonstrating that listing the giant revision under the Endangered Species Palouse earthworm as threatened or Summary of Factor E Act of 1973, as amended (Act). This endangered may be warranted at this action will provide all interested parties While data exists on non-native plants time. with an additional opportunity to within the Palouse bioregion, we could While we will not be initiating a submit written comments on the find no data provided by the petitioners status review in response to the petition, proposed designation and taxonomic or in our files, that specifically we will continue to cooperate with revision. Comments previously documented potential threats the giant others to monitor the species’ status, submitted need not be resubmitted as Palouse earthworm may face from exotic trends, and life history needs, and we they have already been incorporated species. We could not determine encourage interested parties to continue into the public record and will be fully whether exotic species of earthworms to provide us with information that will considered in any final decision. may be a threat to the giant Palouse assist with the conservation of the earthworm, because we found no species. Information on the species DATES: We will accept comments and information on numbers or locations of range and distribution, and other information until 5 p.m. on November exotic earthworms provided by the information relevant to the species 23, 2007, or at the public hearing. Any petitioners or in our files. Therefore, we status and potential threats would be comments received after the closing find that the petition does not present particularly helpful. Interested parties date may not be considered in the final substantial scientific or commercial may submit information regarding the decision on the proposed designation of information to document that other giant Palouse earthworm to the Field critical habitat. natural or manmade factors may be a Supervisor, Upper Columbia Fish and Public Informational Meetings: factor threatening the continued October 24, from 1 p.m. to 3 p.m., in Wildlife Office (see ADDRESSES above). existence of the giant Palouse Bridgeport, CA and October 25, 2007, earthworm. References Cited from 4 p.m. to 5 p.m., in Bishop, CA. Public Hearing: October 25, 2007, Finding A complete list of all references cited is available on request from the Upper between 6 p.m. and 8 p.m., in Bishop, We assessed the information in the Columbia Fish and Wildlife Office (see CA. petition and in our files, and found no ADDRESSES above). ADDRESSES: substantial information indicating that Public Informational Meetings: listing the giant Palouse earthworm may Author October 24, 2007, at the Memorial Hall, be warranted. While we share the The primary authors of this document 744 N. School Street, Bridgeport, CA petitioners’ concern for the species, we are staff at the Upper Columbia Fish and 93517, and October 25, 2007, at Tri- could not determine whether any of the Wildlife Office (see ADDRESSES above). County Fair Grounds, Patio Room (patio potential threats discussed in the area), Sierra Street and Fair Drive, petition may pose a risk, now or in the Authority Bishop, CA 93514. foreseeable future, to the continued The authority for this action is the Hearing: The public hearing will be existence of the species. Endangered Species Act of 1973, as held in the Tri-County Fair Grounds, We found little data provided by the amended (16 U.S.C. 1531 et seq.). Patio Room, Sierra Street and Fair Drive, petitioner or in our files to determine Bishop, CA 93514. the extent of the historic or current Dated: September 27, 2007. Public Comments: Written comments range and distribution of the giant Kenneth Stansell, and materials may be submitted to us by Palouse earthworm. At least one Acting Director, Fish and Wildlife Service. any one of the following methods: collection site is outside of the Palouse [FR Doc. E7–19595 Filed 10–5–07; 8:45 am] 1. You may submit written comments bioregion (Fender and McKey-Fender BILLING CODE 4310–55–P and information to Field Supervisor,

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