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 VerDate Aug<31>2005 17:36 Oct 05, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\09OCP1.SGM 09OCP1 pwalker on PROD1PC71 with PROPOSALS 57274 Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Proposed Rules 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.