5460 Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices

The following language is proposed to DEPARTMENT OF THE INTERIOR Information regarding gypsum wild- be negotiated as part of the 2006 Title buckwheat, Mesa verde , and I and Title IV funding agreements Fish and Wildlife Service Zuni fleabane should be sent to the regarding fiduciary trust records Field Supervisor, Attention 5-year management: Endangered and Threatened Wildlife Review, U.S. Fish and Wildlife Service, and ; 5-Year Review of Lesser The Tribe/Consortium and Secretary agree New Mexico Ecological Services Field Long-nosed Bat, Black-capped Vireo, Office, 2105 Osuna Road NE, to implement the Policy on Fiduciary Trust Yuma Clapper Rail, Pima Pineapple Records Management for Title I and Title IV Albuquerque, NM 87113. Cactus, Gypsum Wild-Buckwheat, Tribes/Consortia by working cooperatively in FOR FURTHER INFORMATION CONTACT: For records creation, maintenance and Mesa Verde Cactus, and Zuni Fleabane the lesser long-nosed bat, contact Scott disposition and training activities. AGENCY: Fish and Wildlife Service, Richardson at the U.S. Fish and Wildlife The Tribe/Consortium agrees to: Interior. Service Arizona Ecological Services Tucson Sub-Office, 201 North Bonita, (a) Preserve, protect and manage all ACTION: Notice of review. fiduciary trust records, as defined in the Suite 141, Tucson, AZ 84745, 520–670– _ Secretary of Interior’s Policy on SUMMARY: The U.S. Fish and Wildlife 6150 x 242, scott [email protected]. Fiduciary Trust Records Management Service (Service) announces a 5-year For the Pima pineapple cactus, contact for Title I and Title IV Tribes/Consortia review of the lesser long-nosed bat Mima Falk at Tucson Sub-Office address created and maintained by Tribes/ above, 520–670–6150 x 225, (Leptonycteris curasoae yerbabuenae), _ Consortia during their management of the black-capped vireo (Vireo mima [email protected]. For the black- trust programs in their Title I/Title IV atricapilla), the Yuma clapper rail capped vireo, contact Omar Bocanegra agreements; (Rallus longirostris yumanensis), Pima at the U.S. Fish and Wildlife Service, (b) Make available to the Secretary all pineapple cactus ( sheeri Ecological Services Field Office, 711 fiduciary trust records maintained by var. robustispina), gypsum wild- Stadium Drive, Arlington, TX 76011, the Tribe/Consortium, provided that the 817–277–1100, buckwheat (Erigonum gypsophilum), _ Secretary gives reasonable oral or Mesa Verde cactus (Sclerocactus mesae- omar [email protected]. For the Yuma written advance request to the Tribe/ verde), and Zuni fleabane (Erigeron clapper rail, contact Lesley Fitzpatrick Consortium. Access shall include visual rhizomatus) under the Endangered at the U.S. Fish and Wildlife Service inspection and the production of copies Species Act of 1973 (Act). The purpose Arizona Ecological Services Field as necessary and shall not include the of reviews conducted under this section Office, 2321 West Royal Palm Road, involuntary removal of the records; and of the Act is to ensure that the Suite 103, Phoenix, AZ, 85021, 602– (c) Store and permanently retain all 242–0210 x 236, classification of species as threatened or _ inactive fiduciary trust records at the endangered on the List of Endangered lesley [email protected]. For the Tribe/Consortium or allow such records and Threatened Wildlife and Plants (50 gypsum wild-buckwheat, Mesa Verde to be removed and stored at the CFR 17.12) is accurate. The 5-year cactus, and Zuni fleabane, contact American Indian Records Repository review is an assessment of the best Nancy Baczek at the New Mexico (AIRR) in Lenexa, Kansas at no cost to scientific and commercial data available Ecological Services Field Office, 2105 the Tribe/Consortium. at the time of the review. Osuna Road, NE, Albuquerque, NM The Secretary agrees to: 87113, 505–761–4711, DATES: To allow adequate time to [email protected]. (a) Allow the Tribe/Consortium to conduct this review, information determine what records it maintains to submitted for our consideration must be SUPPLEMENTARY INFORMATION: implement the trust program assumed received on or before May 3, 2005. Why Is a 5-Year Review Conducted? under a Title I or Title IV agreement However, we will continue to accept except it must maintain the information Section 4(c)(2)(A) of the Act (16 new information about any listed U.S.C. 1531 et seq.) requires that we required by statute and regulation; species at any time. (b) Store all inactive fiduciary trust conduct a review of listed species at ADDRESSES: Information submitted on records at AIRR at no cost to the Tribe/ least once every 5 years. We are then, these species should be sent to the U.S. Consortium when the Tribe/Consortium under section 4(c)(2)(B) and the Fish and Wildlife Service at the no longer wishes to keep the records. provisions of subsections (a) and (b), to following addresses. Information Further, the Tribe/Consortium will determine, on the basis of such a received in response to this notice of retain legal custody and determine review, whether or not any species review will be available for public access to these records; should be removed from the List of inspection by appointment, during (c) Work with the Tribe/Consortium Endangered and Threatened Wildlife normal business hours, at the same on a tribal storage and retrieval system and Plants (delisted), or reclassified addresses. for fiduciary trust records stored at from endangered to threatened AIRR; and Information regarding the lesser long- (downlisted) , or from threatened to nosed bat, Yuma clapper rail, and Pima (d) Provide technical and financial endangered (uplisted). The 5-year pineapple cactus should be sent to the assistance for Tribes/Consortia in review is an assessment of the best Field Supervisor, Attention 5-year preserving, protecting and managing scientific and commercial data available Review, U.S. Fish and Wildlife Service, their fiduciary trust records from at the time of the review. Therefore, we Arizona Ecological Services Field available funds appropriated for this are requesting submission of any new Office, 2321 West Royal Palm Road, purpose. information (best scientific and Suite 103, Phoenix, AZ 85021. commercial data) on the following Dated: January 26, 2005. Information regarding the black- species since their original listings as Abraham E. Haspel, capped vireo should be sent to the Field either endangered (lesser long-nosed Assistant Deputy Secretary—Office of the Supervisor, Attention 5-year Review, bat, black-capped vireo, Yuma clapper Secretary. U.S. Fish and Wildlife Service, rail, and Pima pineapple cactus) or [FR Doc. 05–1869 Filed 2–1–05; 8:45 am] Ecological Services, 711 Stadium Drive, threatened (gypsum wild-buckwheat, BILLING CODE 4310–W8–P Suite 252, Arlington, TX 76011. Mesa Verde cactus, and Zuni fleabane).

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If the present classification of any of Specific Information Requested for the between the populations of C. these species is not consistent with the Black-Capped Vireo robustispina. The term ‘‘clinal’’ comes from best scientific and commercial We are especially interested in the ‘‘cline,’’ which is a gradation in information available, the Service will following information: (1) Distribution measurable characters (Huxley 1938). recommend whether or not a change is of populations and suitable habitat The existence of clinal patterns in warranted in the Federal classification across the breeding range and the degree characters within a species can be of that species. Any change in Federal of protection afforded these populations compatible with recognition of taxa classification would require a separate and habitat; (2) evaluation of the final rule-making process. (named units) below the level of species viability of breeding populations; (3) the (infra-specific taxa). Julian Huxley Our regulations at 50 CFR 424.21 distribution of wintering populations (1938) first proposed the term ‘‘cline’’ as require that we publish a notice in the and evaluation of the extent and ‘‘an auxiliary taxonomic principle,’’ and Federal Register announcing those security of wintering habitat in Mexico; observed that clines could be species currently under active review. and (4) short- and long-term effects of intragroup, or within a population, or This notice announces our active review various management activities on vireo intergroup, as in ‘‘connecting the mean of the lesser long-nosed bat, black- populations and breeding habitat, values of the subspecies of a polytypic capped vireo, Yuma clapper rail, Pima including brown-headed cowbird species.’’ The varieties recognized pineapple cactus, gypsum wild- control, brush management, prescribed as valid for listing under the ESA are buckwheat, Mesa Verde cactus, and fire, and livestock grazing. biologically equivalent to subspecies Zuni fleabane. Specific Information Requested for the (USFWS 1978). We seek comment and What Information Is Considered in the Yuma Clapper Rail additional information regarding the Review? conclusions of Schmalzel et al. (2004) We specifically request information with regard to clinal variation in C. A 5-year review considers all new regarding the distribution of listed robustispina. information available at the time of the populations and evaluation of the Regarding overlap in characters, review. These reviews will consider the degree of habitat protection for each Schmalzel et al. interpret their principle best scientific and commercial data that population, and information regarding components analysis as demonstrating has become available since the current management plans and techniques for overlap in geographic groups of C. listing determination or most recent maintaining clapper rail habitat. We robustispina, and suggest this overlap is status review of each species, such as: also are particularly interested in recent further evidence that the varieties are information regarding the effects of A. Species biology, including but not not distinct. The morphometric analysis selenium on clapper rail reproductive limited to population trends, provided by Schmalzel et al. (2004) did success. distribution, abundance, demographics, not include four of the characters (stem and genetics; Special Consideration of a Taxonomic branching and three floral characters) identified by Benson (1982) for B. Habitat conditions, including but Question Regarding the Pima Pineapple Cactus distinguishing varieties of C. not limited to amount, distribution, and robustispina, although a general suitability; Two studies of character variation narrative discussion of those characters C. Conservation measures that have within the species Coryphantha was provided. We seek comment on been implemented to benefit the robustispina have recently become their conclusions with regard to species; available to us: One was recently character overlap and the implications published by Schmalzel et al. (2004), D. Threat status and trends (see five of not including the characters and the other is a report by Baker (2004) factors under heading ‘‘How do we identified by Benson (1982) in the of Arizona State University regarding a determine whether a species is analysis. study carried out under our cooperative endangered or threatened?’’); and Baker (2004) assessed character agreement with the Arizona Department variation in C. robustispina with respect E. Other new information, data, or of Agriculture under section 6 of the to the three recognized varieties, corrections, including but not limited to Endangered Species Act. These two including the Pima pineapple cactus. taxonomic or nomenclatural changes, studies reach different conclusions Baker (2004) included stem branching identification of erroneous information concerning the taxonomic validity of the in his study, but did not include floral contained in the List of Endangered and Pima pineapple cactus (Coryphantha characters. Baker’s ongoing research Threatened Wildlife and Plants, and scheeri var. robustispina)). will address floral characters, to be improved analytical methods. We have carefully reviewed both completed in 2005. To date, Baker has Specific Information Requested for the reports and have identified several found statistically significant Lesser Long-Nosed Bat technical issues on which we are differences among the named varieties particularly soliciting review and for most characters, although Pima We are especially interested in the comment by knowledgeable experts pineapple cactus did not significantly results of survey and monitoring efforts during this status review of the Pima differ from the variety that was closest that provide a better understanding of pineapple cactus. geographically in two of the characters current population numbers and the Schmalzel et al. (2004) concluded that (radial spine length and central spine status, security, and location of roost their data suggest that the Pima curvature) used by Benson (1982) to sites in the U.S. and Mexico. We also pineapple cactus, a listed variety of C. distinguish varieties of C. robustispina. specifically request any recent robustispina (based on Taylor (1998) The plots of Baker’s (2004) principal information regarding the impacts of nomenclature), is not a valid taxonomic components analysis show points agave plant harvest and/or livestock entity, and therefore does not meet the corresponding to the Pima pineapple grazing on the numbers and distribution definition of ‘‘species’’ under the Act. cactus to be largely separate from, but of agaves and associated impacts on They based this conclusion on (1) clinal having some overlap with, points forage availability for lesser long-nosed variation in certain characters from west representing Coryphantha robustispina bats. to east, and (2) overlap in characters uncinata, the variety geographically

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nearest to the Pima pineapple cactus. cactus as a valid taxon. It appears to us Literature Cited The amount of overlap appears to be at that the two studies summarized in this Baker, Marc. 2004. Phenetic analysis of least grossly comparable to the notice generally agree in the gross Coryphantha, section Robustispina corresponding amount in Fig. 10 of amount of overlap (although it was not (Cactaceae), part 1: stem characters. Schmalzel et al. (2004). Baker’s (2004) quantified by Schmalzel et al. 2004) but Section 6 Grant Report, 4 May 2004. discriminant function analysis showed disagree in the taxonomic significance Benson, L. 1982. The Cacti of the United that the character data correctly of that overlap. States and Canada. Stanford University identified individuals of C. robustispina We are soliciting review and comment Press, Stanford, California. Huxley, J. 1938. Clines: an auxiliary from Pima and Santa Cruz Counties, on any issue related to the listed status taxonomic principle. Nature 3587:219– Arizona, as Pima pineapple cactus 92.3 of the Pima pineapple cactus in order to 220. percent of the time. Baker (2004) determine whether its continued listing Schmalzel, R. J., R. T. Nixon, A. L. Best, J. concluded that, based on the allopatry under the Act is justified. If the best A. Tress, Jr. 2004. Morphometric (disjunct geographic distributions) and available scientific and commercial variation in Coryphantha robustispina observed morphological separation of information indicates that the Pima (Cactaceae). Systematic Botany the varieties, all three varieties of C. pineapple cactus is not a valid taxon, 29(3):553–568. robustispina are taxonomically valid. we will develop a proposal to remove it Stebbins, G. L. 1950. Variation and Evolution Stebbins (1950 provided the following from the List of Endangered and in Plants. Columbia University Press, definition for the term subspecies: ‘‘The Threatened Wildlife and Plants. It is NY. 643 pp. Stuessy, T. F. 1990. Plant ; The subspecies or geographic variety is a therefore important that we have a full Systematic Evaluation of Comparative series of populations having certain understanding of current concepts and Data. Columbia University Press, New morphological and physiological standards of plant taxonomy as they York. 514 pp. characteristics in common, inhabiting a apply to the taxonomic standing of the USFWS (U.S. Fish and Wildlife Service). geographic subdivision of the range of Pima pineapple cactus to ensure that 1978. Determination that 11 plant taxa the species or a series of similar our decision is based on the best are endangered species and 2 plant taxa ecological habitats, and differing in available information. Other issues on are threatened species. Federal Register several characteristics from typical which we would like comment are the 43(81):17910–17916; April 26, 1978. members of other subspecies, although use of herbarium specimens for this How Are Lesser Long-Nosed Bat, Black- connected with one or more of them by type of work, and the appropriate Capped Vireo, Yuma Clapper Rail, series of intergrading forms.’’ Stuessy’s sample size for evaluating differences Pima Pineapple Cactus, Gypsum Wild- (1990) general standards for recognition within populations and between Buckwheat, Mesa Verde Cactus, and of plant subspecies or varieties are varieties. Given the different taxonomic Zuni Fleabane Currently Listed? consistent with Stebbins’ definition. conclusions of the two recent studies, Stuessy states that plant subspecies are we are particularly soliciting review and The List of Endangered and largely allopatric (occupying comment by knowledgeable experts in Threatened Wildlife and Plants (List) is geographically different areas), but multivariate methods and plant found in 50 CFR 17.11 (wildlife) and allows for some degree of contact, taxonomy on the two studies 17.12 (plants). Amendments to the List hybridization, and overlap. summarized in this notice and through final rules are published in the The taxonomic question that we must identification of the taxonomic issues Federal Register. The List is also evaluate in the present status review is that we have provided. available on our Internet site at http:// whether the observed amount of overlap A copy of Baker’s study is available endangered.fws.gov/ in characters between Pima pineapple on our Web site at: http:// wildlife.html#Species. In Table 1 below, cactus and other varieties of C. southwest.fws.gov/. The citation for the we provide a summary of the listing robustispina is acceptable for continued study by Schmalzel et al. (2004) is information for the species under active recognition of the Pima pineapple provided below. review.

TABLE 1.—SUMMARY OF THE LISTING INFORMATION FOR LESSER LONG-NOSED BAT, YUMA CLAPPER RAIL, PIMA PINEAPPLE CACTUS, GYPSUM WILD-BUCKWHEAT, MESA VERDE CACTUS, AND ZUNI FLEABANE

Common name Scientific name Status Where listed Final listing rule

Lesser long-nosed bat ...... Leptonycteris curasoae Endangered ...... Across species range 53 FR 38456, (30–SEP– yerbabuenae 1. (U.S.A., Mexico, Central 1988). America). Black-capped vireo ...... Vireo atricapilla 2 ...... Endangered ...... U.S.A. (Kansas, Okla- 52 FR 37420, (6–OCT– homa, Texas, Mexico) 3. 1987). Yuma clapper rail ...... Rallus longirostris Endangered ...... U.S.A (Arizona, California) 32 FR 4001, (11–MAR– yumanensis. 67). Pima pineapple cactus ...... Coryphantha scheeri var Endangered ...... Across species range 58 FR 49875, (25–OCT– robustispina. (southern Arizona and 93). northern Sonora, Mex- ico). Gypsum wild-buckwheat ... Erigonum gypsphilum ...... Threatened with Critical Across species range 46 FR 5730, (19–JAN–81). Habitat. (Eddy County, New Mexico). Mesa Verde cactus ...... Sclerocactus mesae- Threatened ...... Across species range 44 FR 62471, (30–OCT– verdae. (southwest Colorado, 79). northwest New Mexico, northeast Arizona).

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TABLE 1.—SUMMARY OF THE LISTING INFORMATION FOR LESSER LONG-NOSED BAT, YUMA CLAPPER RAIL, PIMA PINEAPPLE CACTUS, GYPSUM WILD-BUCKWHEAT, MESA VERDE CACTUS, AND ZUNI FLEABANE—Continued

Common name Scientific name Status Where listed Final listing rule

Zuni fleabane ...... Erigeron rhizomatus ...... Threatened ...... Across species range (Ari- 50 FR 16680, (26–APR– zona and New Mexico). 85). 1 Synonyms for this species include L. sanborni, L. nivalis sanborni, L. yerbabunae, and L. curasoae. 2 The scientific name of this species has recently been changed from V. atricapillus to V. atricapilla (Dave, N. and M. Gosselin. 2002. Gender agreement of the avian species names. Bull. Brit. Orn. Club 122: 14–49). 3 We believe the table concluding the Final Rule for the black-capped vireo erroneously included Nebraska and Louisiana as part of the historic range of the species.

Definitions Related to This Notice endangered (uplist); or (c) remove the DEPARTMENT OF THE INTERIOR The following definitions are species from the List. If we determine Bureau of Indian Affairs provided to assist those persons who that a change in classification is not warranted, then these species will contemplate submitting information Submission of Information Collection regarding the species being reviewed: remain on the List under their current status. to the Office of Management and A. Species includes any species or Budget (OMB) for Review Under the subspecies of fish, wildlife, or plant, Public Solicitation of New Information Paperwork Reduction Act and any distinct population segment of any species of vertebrate, which We request any new information AGENCY: Bureau of Indian Affairs, interbreeds when mature. concerning the status of lesser long- Interior. B. Endangered means any species that nosed bat, black-capped vireo, Yuma ACTION: Notice. is in danger of extinction throughout all clapper rail, Pima pineapple cactus, or a significant portion of its range. gypsum wild-buckwheat, Mesa Verde SUMMARY: This notice announces that C. Threatened means any species that cactus, and Zuni fleabane. See ‘‘What the Information Collection Request for is likely to become an endangered information is considered in the Adult Education Annual Report Form, species within the foreseeable future review?’’ heading for specific criteria. OMB Control No. 1076–0120, requires throughout all or a significant portion of Information submitted should be renewal. The information collection its range. supported by documentation such as requirement, with no appreciable How Do We Determine Whether a maps, bibliographic references, methods changes, is submitted to the Office of Species Is Endangered or Threatened? used to gather and analyze the data, Management and Budget (OMB) for and/or copies of any pertinent review, as required by the Paperwork Section 4(a)(1) of the Act establishes publications, reports, or letters by Reduction Act of 1995. that we determine whether a species is knowledgeable sources. Our practice is DATES: endangered or threatened based on one Written comments must be to make comments, including names submitted on or before March 4, 2005. or more of the five following factors: and home addresses of respondents, ADDRESSES: Comments are to be sent to A. The present or threatened available for public review. Individual Office of Information and Regulatory destruction, modification, or respondents may request that we Affairs, Office of Management and curtailment of its habitat or range; withhold their home addresses from the Budget, Attention: Desk Officer for the B. Overutilization for commercial, supporting record, which we will honor recreational, scientific, or educational Department of the Interior. Comments to the extent allowable by law. There may be sent via facsimile to (202) 395– purposes; also may be circumstances in which we C. Disease or predation; 6566 or you may send e-mail to: may withhold from the supporting D. The inadequacy of existing [email protected]. Copies of record a respondent’s identity, as regulatory mechanisms; or comments should be sent to Edward allowable by law. If you wish us to E. Other natural or manmade factors Parisian, Acting Director, Office of withhold your name and/or address, affecting its continued existence. Indian Education Programs, Department you must state this prominently at the Section 4(a)(1) of the Act requires that of the Interior, Bureau of Indian Affairs, beginning of your comment. We will not our determination be made on the basis 1849 C St., NW., Mail Stop 3609–MIB, of the best scientific and commercial consider anonymous comments, Washington, DC 20240, or hand data available. however. We will make all submissions delivered to room 3609 at the above from organizations or businesses, and address. What Could Happen as a Result of This from individuals identifying themselves Review? as representatives or officials of FOR FURTHER INFORMATION CONTACT: If we find that there is new organizations or businesses, available Garry Martin, Bureau of Indian Affairs, information concerning lesser long- for public inspection in their entirety. Department of the Interior, 1849 C nosed bat, black-capped vireo, Yuma Authority: This document is published Street, NW., Washington, DC 20240, clapper rail, Pima pineapple cactus, under the authority of the Endangered 202–208–3478. gypsum wild-buckwheat, Mesa Verde Species Act (16 U.S.C. 1531 et seq.). SUPPLEMENTARY INFORMATION: cactus, or Zuni fleabane indicating a Dated: December 16, 2004. I. Abstract change in classification may be warranted, we may propose a new rule Geoffrey L. Haskett, The information collection is that could do one of the following: (a) Acting Regional Director, Region 2, Fish and necessary to assess the need for adult Reclassify the species from endangered Wildlife Service. education programs in accordance with to threatened (downlist); (b) reclassify [FR Doc. 05–1924 Filed 2–1–05; 8:45 am] 25 CFR 46, subpart A, sections 46.20 the species from threatened to BILLING CODE 4310–55–P Program Requirements and 46.30

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