August 1979, Vol. IV, No. 8

ENDANGERED W TECHNICAL BULLETIN

Department of the Interior • U.S. Fish and Wildlife Service • Program, Washington, D.C. 20240

Critical Habitat for Three Fishes Reproposed; Withdrawn

A reproposal of Critical Habitat for three fishes in Alabama and Ten- nessee will be withdrawn by the Ser- vice because of procedural errors in the nature of the public meeting and the inadequate availability of informa- tion concerning economic considera- tions. The reproposal was published in the July 27, 1979, Federal Register, and the subsequent meetings were held August 28-30. The proposed listing for the spring pygmy sunfish (Elassoma sp.) and the pygmy sculpin (Cottus pygmaeus) will be automatically with- drawn on November 29,1979, two years after its initial publication. The pro- posed listing for the Barrens topmin- now (Fundulus sp.) will be withdrawn on December 30, 1979, also two years

U.S. Fish and Wildlife Service Photo after publication. A new proposal will Current knowledge suggests that the agent that extirpated the brown pelican from be made only if new information be- Louisiana would have been equally effective regardless of the population size. comes available. Recovery Planned for LIght-Footed Clapper Rail, Woundfin, Eastern Brown Pelican

The Service approved three recovery new habitat. These activities will aid in consists of a marsh environment with plans in July; one for the light-footed achieving the plan's objective of in- cordgrass or pickleweed for nesting clapper rail {Rallus longirostris creasing the rail's breeding population and escape cover, a supply of crabs, levipes), a California bird Endangered to at least 400 pairs. clams, and related invertebrates for by ; one for the The light-footed clapper rail occurs food, and a feeding area of tidal flats woundfin (Piagopterus argentissimus), in about 16 California marshes. The interspersed with saltmarsh vegeta- a with a limited range; and one major reason for the decline in the tion. As long as suitable habitat is pro- for the eastern brown pelican (Pe/e- species has been loss of habitat tected, the birds seem to thrive canus occidentalus carolinensis), a because of dredging and filling. As of because they face little threat from coastal breeding bird which suffered a Jannuary 1977, only about 8,500 acres predators and they can tolerate a high severe population decline in the of saltmarsh remained between Santa level of human presence. 1960's. Barbara and the Mexican border, Specifically, the plan proposes addi- Light-Footed Clapper Rail where there was formerly about 26,000 tional research to aid in determining The clapper rail plan calls for the acres of saltmarsh. There are probably population numbers, distribution, and protection of all existing habitat, in- no more than 250 light-footed clapper current limiting factors. creasing the carrying capacity and rails remaining in California, with According to the recovery team, stability of existing habitat, thereby about half the population found in the habitat degradation due to restriction enabling the size of each population to Tijuana Estuary, San Diego County. of tidal flow has prevented most increase, and creating and stocking Suitable habitat for the clapper rail" Continued on page 5 Society. A status report on Stephanomeria malhenrensis, a proposed Endangered plant in Oregon, was sent to the Washington Office with a recommen- dation that final listing be initiated. Region 2. Endangered Species per- sonnel monitored the movement of a huge oil spill that resulted from the blowout of a Mexican well on June 3. Cooperation with the Mexican Govern- Hawaii ment and other agencies was arranged for the recovery of newly hatched Kemp's Ridley sea turtles {Lepidochelys kempii) from Padre Island, Texas, which was affected by the spill. REGIONAL Region 3. A biological opinion was issued to the Nicolet National Forest BRIEFS in Wisconsin regarding campground development policies. According to the opinion, if certain guidelines are Endangered Species Program Diego Zoological Society regarding the followed, there will be no jeopardy to regional staffers have reported the site, specifications, and funding of a bald eagles {Haliaeetus leucocepha- following activities for the month of Ju- California condor {Gymnogyps cali- lus) in the area. ly. fornianus) captive breeding facility. A A report has been written to map all Region 1. An informal agreement formal proposal preparatory to a con- actions involving Endangered species was reached with officials of the San tract will be forthcoming from the reported to the Regional Office. The report enumerates and organizes each report by location, cooperating agency, U.S. Fish and Wildlife Service Region 2, P.O. Box 1306, Albuquerque, and type of action. Regional staffers Washington, D.C. 20240 NM 87103 (505-766-2321): W. 0. Nel- will be able to use this report to deter- son, Regional Director Robert F. Ste- mine areas with inadequate reporting. Lynn A. Greenwalt, Director phens, Assistant Regional Director-, Region 4. The Red Wolf Recovery (202-343-4717) Jack B. Woody, Endangered Species Team, cooperating with Region 2, met Harold J. O'Connor Specialist. Acting Associate Director and Region 3, Federal BIdg., Fort Snelling, with Tennessee Valley Authority per- Endangered Species Program Manager Tvi(in Cities, MN 55111 (612-725-3500); sonnel at Land Between the Lakes (202-343-4646) Harvey Nelson, Regional Director: (LBL) to evaluate the area as a reintro- C. Phillip Agee Delbert H. Rasmussen, Assistant Re- duction site for the species. According Acting Deputy Associate Director gional Director James M. Engel, En- to the team, LBL personnel who (202-343-4646) dangered Species Specialist. manage the 170,000 acre peninsula are John Spinks, Chief, Region 4, Richard B. Russell Federal BIdg., enthusiastic and appear capable of Office of Endangered Species 75 Spring St., S.W., Atlanta, GA 30303 handling the program. However, the (703/235-2771) (404-221-3583): Kenneth E. Black, Re- area has some disadvantages, so no Richard Parsons, Ciiief, gional Director Harold W. Benson, final decision has been made. Federai Wiidlife Permit Office Assistant Regional Director Alex B. (703/235-1937) Montgomery, Endangered Species Spe- The Endangered Species staff spon- Clark R. Bavin, Chief, cialist. sored a 5-hour training seminar in Division of Law Enforcement Region 5, Suite 700, One Gateway Cen- Atlanta on Section 7 consultation. (202-343-9242) ter, Newton Corner, MA 02158 (617- Representatives from approximately 50 965-5100); Howard Larsen, Regional agency offices in 11 States attended. TECHNICAL BULLETIN STAFF Director Gordon T. Nightingale, /As- Region 5. A recovery plan for the Dona Finnley, Editor sistant Regional Director Paul Nick- eastern population of the American Clare Senecal, Asst. Editor erson. Endangered Species Specialist. peregrine falcon {Faico peregrinus Region 6, P.O. Box 25486, Denver Fed- Morey Norkin, Editorial Asst. anatum) was submitted for final eral Center, Denver, CO 80225 (303- (703/235-2407) review. A Technical Review draft of the Regional Offices 234-2209): James Gritman, Acting Re- gional Director Charles E. Lane, As- Chesapeake Bay Bald Eagle Recovery Region 1, Suite 1692, Lloyd 500 BIdg., sistant Regional Director Don Rodgers, Plan was also submitted. 500 N.E. Multnomah St., Portland, OR Endangered Species Specialist. Region 6. Endangered Species per- 97232 (503-231-6118): R. Kahler Mar- Alaska Area, 1101 E Tudor Rd., Anchor- sonnel attended an intra-Service tinson, Regional Director, Edward B. age, AK 99057 (907-276-3800, ext. 495): regional meeting at Park City, Utah to Chamberlain, Assistant Regional Di- Keith M. Schreiner, Area Director] discuss Endangered species policy, rector, David B. Marshall, Endangered Dan Benfield, Endangered Species Spe- procedures, and activities, with an em- Species Specialist. cialist. phasis on Section 7. U.S. Fish and Wildlife Service Regions Alaska Area. The preliminary results Region 1: California, Hawaii. Idaho. Nevada, Oregon, Washington, and Pacific Trust Territories. Region 2: Arizona, New of this summer's peregrine falcon ban- Mexico. Oklahoma, and Texas. Region 3: Illinois, Indiana. Michigan, Minnesota, Ohio, and Wisconsin, Region 4: ding activities have been encouraging. Alabama. Arkansas. Florida, Georgia. Kentucky. Louisiana, Mississippi, North Carolina. South Carolina. Tennessee. A total of 105 fledglings have been Puerto Rico, and the Virgin Islands. Region 5: Connecticut, Delaware, Maine, Maryland, Massachusetts. New Hampshire. New Jersey. New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia. Region 6: Colorado, Iowa, Kan- banded on the major nesting areas of sas, Missouri, Montana. Nebraska, North Dakota, South Dakota, Utah, and Wyoming. Alaske Area: Alaska. the Porcupine, Colville, and Yukon The ENDANGERED SPECiES TECHNICAL BULLETIN is published monthly by the Rivers. Funding for the operation was U.S. Fish and Wiidlife Service, Department of the interior, Washington, D.C. 20240. received through a cooperative Agree- ment with the Alaska Office of the Bureau of Land Management. both findings must be positive before proposed conditions under 2(a). Export The Arctic Slope Regional Corpora- permits can be issued by the Wildlife of bobcat was proposed for approval tion, in a land trade agreement with the Permit Office for the export of bobcat, from 14 States and from the Navajo Na- Interior Department, has agreed to lynx, and river otter. The ESSA believes tion; export of river otter from 11 ^strict land uses on Native lands the second finding alone must be posi- States; and export of lynx from 4 llong the Colville River to protect the tive before export permits can be States with open seasons on the prime nesting area of the Arctic issued for the export of Alaskan brown species. Further consideration of ex- peregrine falcon (Faico peregrinus tun- bear and Alaskan gray wolf. port of these species taken in other drius). The Native Corporation will con- The ESSA believes the determina- States awaits receipt of additional in- form to Section 7 of the Endangered tion of two separate findings as stated formation from those States.Guide- Species Act, just as a Federal agency above is required by Article II 2(a) and lines for findings and proposed condi- would, for any proposed development (b) of the CITES, respectively, and con- tions for species under 2(a) are the in specific areas. stitutes a different approach from that same as those developed for the 1978- used the past two seasons, when find- 79 season (see F.R. 4/10/78 and F.R. ings were limited to those conforming 7/7/78). to listing under Article II 2(a). A discus- sion of this change was presented in Proposed Findings the ESSA's advance notice (F.R. Under Article II 2(b) ENDANGERED 4/30/79) and is treated at length in the The ESSA proposed to find that ex- present proposal. Additional appli- port of specimens of the five species in SPECIES cable discussion on the phrase "not question will not be detrimental to the detrimental to the survival of the survival of similar species protected by SCIENTIFIC species" is presented in the ESSA's CITES. Conditions, in addition to tag- proposed procedural and interpretive ging, involving international fur trade AUTHORITY regulations (F.R. 7/11/79). (See May and harvest in other countries, are also 1979 and August 1979 BULLETINS for proposed. Guidelines under 2(b) ad- Notices—July 1979 articles on each of the above mention- dress the question of potential detri- ed documents.) Composed of representatives from ment to other associated species. seven Federal agencies, the Endan- Amendments incorporating the find- gered Species Scientific Authority Proposed Findings ings and conditions into appropriate (ESSA) was established by Executive Under Article II 2(a) regulations on the species were also order to insure the scientific sound- proposed. ness of governmental decisions con- Recent information received for bob- The final export findings are ex- cerning trade in endangered species cat, lynx, and river otter is summarized pected to be published in late Septem- of and plants. As the U.S. on a State-by-State basis along with ber. oientific Authority for the Convention Ph International Trade in Endangered Species of Wild Fauna and Flora, ESSA reviews applications to export and import species protected under the Convention, reviews the status of wild animals and plants impacted by ESSA REGULATIONS trade, monitors their trade, makes cer- tain findings concerning housing and care of protected specimens, and ad- vises on trade controls. PROPOSED

EXPORT Procedural and interpretive regula- Lengthy discussion is given to the tions have been proposed to describe phrase "not detrimental to the survival FINDINGS the composition and fundamental op- of the species" in the proposed rule, in- eration of the Endangered Species dicating ESSA's desire to interpret it PROPOSED FOR Scientific Authority (ESSA) (F.R. more conservatively than maximum 7/11/79). The proposed rules also sustained yield and in a manner con- APPENDIX II delineate the authorities and duties of sistent with the principles arrived at by SPECIES the ESSA under the Convention on In- cooperating conservation groups in a ternational Trade in Endangered series of 1975 workshops devoted to Export findings were proposed by Species of Wild Fauna and Flora developing a better scientific basis for the ESSA for five Appendix II species (CITES) and include procedures to management of fisheries and other protected by the Convention on Inter- comply with the Freedom of Informa- critical living resources. (These princi- national Trade in Endangered Species tion Act, 5, U.S.C. 552. ples are published in the Sixth Annual of Wild Fauna and Flora (F.R. 7/12/79). The proposed regulations integrate Report of the Council on Environmen- These findings relate to whether com- and draw mainly from the CITES and tal Quality, December 1975, pp. mercial export of bobcat {Lynx rufus), Executive Order 11911, both charter 405-407.) Pending development of a >ylyn x (Lynx canadensis), river otter documents for the ESSA. The proposal more precise definition, the ESSA ex- Lutra canadensis), Alaskan brown also adds other procedures and guide- pects to address the concept of scien- ear {Ursus arctos), or Alaskan gray lines arrived at through the ESSA's ex- tific wildlife management in their 4 olf {Canis lupus) taken in the 1979-80 perience with the publication of periodic general findings for various harvest will not be detrimental to (1) various export findings and the estab- species. the survival of the species and/or (2) lishment of import and export policy The complete proposal can be found the survival of similar species pro- regarding species on the CITES appen- on pages 40598-40605 of the July 11, tected by CITES. The ESSA states that dices. 1979, Federal Register. RECOVERY Continued from page 5

Copies of approved recovery plans BOX SCORE OF SPECIES LISTINGS may be obtained from the Fish and Wildlife Reference Service, 3840 York Number of Number of Street, Unit I, Denver, Colorado 80205. Category Endangered Species Threatened Species There will be a charge for cooperators U.S. Foreign Totai U.S. Foreign Totai (those receiving funds under the Federal Aid in Fish and Wildlife Restor- Mammals 33 251 284 3 19 22 ation programs and the Anadromous Birds 67 145 212 3 3 Fish Conservation program, including Reptiles 11 48 59 10 10 the Fish and Wildlife Service) of 10

ENDANGERED SPECIES TECHNICAL BULLETIN POSTAGE AND FEES PAID U S DEPARTMENT OF THE INTERIOR Department of the Interior • U.S. Fish and Wildlife Service • Endangered Species Program, Washington. D.C. 20240 Int423

August 1979, Vol. IV, No. 8 and extremely vulnerable population in SHORE BUG STATUS UNDER REVIEW North Carolina. In Greenville County, South Carolina The status of an known only proposed geothermal development in the second population occurs in a from Wilbur Hot Springs, Colusa Coun- the area. power line right of way, along the head- ty, California is being reviewed by the Information regarding the status of waters of a river. The openness of this Service to determine if it should be ad- this species should be submitted on or habitat, which is maintained by Duke ded to the U.S. List of Endangered and before September 28, 1979, to the Power Company, is probably respon- Threatened Wildlife and Plants. The Director (OES), U.S. Fish and Wildlife sible for the vigorous nature of Sagit- Wilbur Springs shore bug (Saldula Service, Department of the Interior, taria fasclculata at this location. usingeri) faces a possible threat from Washington, D.C. 20240. Both populations occur on private lands and could be threatened by future development. ENDANGERED STATUS GIVEN This rulemaking, which went into ef- fect on August 31, 1979, makes it TO SAGITTARIA FASCICULATA generally unlawful to import or export Sagittaria fasciculate (bunched construction, and herbicide use. This this species, or to deliver, receive, arrowhead) has been listed by the Serv- population is located in a seepage near carry, transport or ship this species in ice as an Endangered species (F.R. a highway and adjacent to a railroad interstate or foreign commerce by any 7/25/79). Only two populations of this bank. Grading and filling operations in- means, or sell or offer for sale in inter- plant, occurring in North and South volved in widening the highway, and state or foreign commerce. It also pro- Carolina, now exist. the resultant changes in drainage pat- tects the plant from any Federal The North Carolina population of terns of the area have reduced the government projects which might Sagittaria fasciculate, found in habitat of this plant. Herbicides otherwise jeopardize its existence. Henderson County, has been almost sprayed along the railroad have also completely destroyed by industrial damaged the population. Railroad RULEMAKING ACTIONS development, highway and railroad work earlier this year left a very small Continued on page 6

Photo by James Johnson The Woundfin Recovery Plan calls for at least two additional self-sustaining wild populations. existing populations, managing Eastern Brown Pelican habitat, and restoring at least two addi- The eastern brown pelican was tional populations of the species known to nest along the coasts of within its historic range. The woundfin, eastern Mexico, Texas, Louisiana, the most silvery of all American min- Florida, South Carolina, and North nows, currently exists only in the Carolina. By the early 1960's, the Photo by Sanford Wilbur Virgin River from LaVerkin Springs and brown pelican had been extirpated Probably no more than 250 light-footed the lower portion of LaVerkin Creek in from Louisiana and nearly so from clapper rails remain in California. Utah, to Lake Mead in Nevada. Texas. Significant U.S. breeding popu- RECOVERY Records indicate that the woundfin lations are now limited to Florida and Continued from page 1 lived as far up the Gila River system as South Carolina. marshlands from supporting optimum the Salt River at Tempe, Arizona and Why the brown pelican was the only densities of rails. The team says that the Colorado River from Yuma to, and coastal breeding bird to suffer so reestablishing tidal flow should auto- including the Virgin River. It is prob- severely during the 1950's and '60's matically improve conditions for rails. able that woundfin also occurred fur- cannot be adequately explained. What- In addition, improving marsh plant ther upstream on the Gila, Salt, and ever the cause, it was pervasive growth through ditching and grading of Verde Rivers. Construction of dams enough to exterminate a population in lands is recommended by the plan to and reservoirs on these rivers and on spite of its large numbers. To better further help reestablish rail popula- the mainstream of the Colorado River understand the threats facing this tions. The plan also calls for a release has virtually eliminated woundfin species, the recovery plan includes program involving transplanted or habitat. among its objectives, the identifica- captive-raised rails. To achieve the ultimate goal of a tion, monitoring and control of popula- To carry out these activities, the plan complete delisting of the species, the tion limiting factors. calls for the involvement of the Fish recovery team has recommended that The primary objective of the plan is and Wildlife Service, the California at least two suitable habitat sites be to prevent further extirpation of the Departments of Fish and Game and selected, management plans be pre- species in its historic range and to Parks and Recreation, Santa Barbara pared, and these sites be stocked with restore it in vacant nesting habitat. County, and the Department of the transplanted woundfin. Among possi- Birds from the Florida population have Navy, among others. ble transplant sites recommended by provided breeding stock for Louisiana, the team are the upper Gila and upper and a restocking project using crippled Woundfin Verde Rivers in Arizona, and perhaps pelicans from Florida is currently be- The Woundfin Recovery Team has the Bill Williams, Moapa, and Hassaya- ing attempted in Texas. developed a plan aimed at enhancing mapa Rivers. Continued on page 6

GPO 281-326 posal. The Florida population of Ameri- can crocodile is already listed as En- dangered (F.R. 9/25/75) and Critical Rulemaking Actions Habitat designated (F.R. 9/24/76). The exclusion of the Papua New Guinea July 1979 population of saltwater crocodiles from the current proposal resulted from that government's assurance that STATUS OF SEVEN U.S. strict controls are placed on crocodile farming within the country and the SPECIES CLARIFIED species is not being jeopardized by this activity. Because of an oversight in the provide them with the same considera- This rule would provide additional listing process in 1973, the U.S. popula- tion which listed species receive. protection to both species, which are tions of seven Endangered species already listed on the appendices to the have been found not to be covered by The seven species were included on Conventi-on on International Trade in the Endangered Species Act (F.R. the old foreign endangered species list Endangered Species of Wild Fauna 7/25/79). Two birds, the short-tailed under the 1969 Endangered Species and Flora, by further restricting com- albatross {Diomeda albairus) and Conservation Act. When the 1973 Act mercial trade in their parts and prod- thick-billed parrot (Rhynchopsitta was passed, the distinction between ucts. pachyrhyncha) and five mammals, the U.S. and foreign populations was drop- Both species have felt the impacts wood bison {Bison bison athabascae), ped and the two lists were merged. The of human encroachment. Increasing northern swift fox (Vulpes velox hebes), seven then appeared on the merged list human populations in Central America, jaguar {Panthera onca), margay (Feiis as Endangered throughout their the Caribbean, and South America wiedii) and ocelot {Felis pardalis) were ranges, but the Governors of affected have resulted in a loss of much avail- affected by the oversight. U.S. States had not been given an op- portunity to first comment on their able habitat for the American croco- Foreign populations of these status. Governors' comments are man- dile. The same holds true for the salt- species are not affected and still datory before the listing of U.S. water crocodile in some Southeast receive full protection. Furthermore, species can take effect, so the listings Asian countries. However, the major since the fact that the U.S. populations of U.S. populations on the merged list factor in the decline of both species is are not on the list is due to a legal over- were invalid. hunting for hides which are valuable in sight rather than a change in their the production of fashionable leather biological status, the Service has The Service plans to move quickly to goods. In some countries, where these urged all Federal and State agencies to repropose the species. species are not protected, populations have been virtually eliminated because of hunting. There have also been re- TWO CROCODILES PROPOSED ported incidents of killings arising from fear, especially involving saltwater croc- FOR ENDANGERED STATUS odiles in areas where the species has a reputation as a maneater. Comments on this proposed rule After a status review of two croco- losses throughout their ranges and should be submitted by October 26, dilian species, the Service has issued a have been subject to extensive poach- 1979, to the Director (OES), U.S. Fish proposed rulemaking to list, as En- ing for their hides. and Wildlife Service, Department of the dangered, the American crocodile All populations of saltwater Interior, Washington, D.C. 20240. {Crocodylus acutus) outside of Florida, crocodiles and American crocodiles and the saltwater or estuarine croco- (except in Florida) were previously pro- dile {Crocodylus porosus) exclusive of posed as Endangered under the Simi- COSTA RICAN the Papua New Guinea population larity of Appearance clause of the En- (F.R. 7/24/79). Both species were found dangered Species Act (F.R. 4/6/77). No TREE UNDER to be suffering from serious habitat final action has been taken on that pro- REVIEW The Service is reviewing the status of Jatropha costaricensis, a Costa Rican shrub to tree species, to deter- mine if it should be added to the U.S. List of Endangered and Threatened Wildlife and Plants. According to data submitted in sup- port of the petition for review, the species occurs in dry, open woodlands near Playas del Coco, Guanacaste, Costa Rica. The Service is requesting informa- tion on the species' status, distribu- tion, population trends, threats, or other pertinent data. Information should be submitted to the Director (OES), U.S. Fish and Wildlife Service, Photo by Michael Potts Department of the Interior, Washing- The saltwater crocodile may be the largest of reptiles, with reported lengths of well ton, D.C. 20240, on or before October over 20 feet. 29, 1979.