<<

Tuesday, September 12, 2006

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and —Proposed Critical Habitat Designations; Proposed Rule

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53756 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

DEPARTMENT OF THE INTERIOR notice of review, as it will help us in throughout all or a significant portion of monitoring changes in the status of its range, and a threatened species is Fish and Wildlife Service candidate species and in management any species which is likely to become for conserving them. We also request an endangered species within the 50 CFR Part 17 information on additional species that foreseeable future throughout all or a we should consider including as significant portion of its range. Through Endangered and Threatened Wildlife candidates as we prepare future updates the Federal rulemaking process, we add and Plants; Review of Native Species of this notice. species that meet these definitions to That Are Candidates or Proposed for This document also includes our the List of Endangered and Threatened Listing as Endangered or Threatened; findings on resubmitted petitions and Wildlife at 50 CFR 17.11 or the List of Annual Notice of Findings on describes our progress in revising the Endangered and Threatened Plants at 50 Resubmitted Petitions; Annual Lists of Endangered and Threatened CFR 17.12. As part of this program, we Description of Progress on Listing Wildlife and Plants during the period maintain a list of species that we regard Actions May 2, 2005, through August 23, 2006. as candidates for listing. A candidate species is one for which we have on file AGENCY: Fish and Wildlife Service, DATES: We will accept comments on the Interior. Candidate Notice of Review at any time. sufficient information on biological vulnerability and threats to support a ADDRESSES: ACTION: Notice of review. Submit your comments proposal to list as endangered or regarding a particular species to the threatened, but for which preparation SUMMARY: In this Candidate Notice of Regional Director of the Region Review (CNOR), we, the U.S. Fish and and publication of a proposal is identified in SUPPLEMENTARY precluded by higher-priority listing Wildlife Service (Service), present an INFORMATION as having the lead updated list of and species actions. responsibility for that species. You may We maintain this list of candidates for native to the United States that we submit comments of a more general a variety of reasons: To notify the public regard as candidates or have proposed nature to the Chief, Division of that these species are facing threats to for addition to the Lists of Endangered Conservation and Classification, U.S. their survival; to provide advance and Threatened Wildlife and Plants Fish and Wildlife Service, 4401 N. knowledge of potential listings that under the Endangered Species Act of Fairfax Drive, Room 420, Arlington, VA could affect decisions of environmental 1973, as amended. Identification of 22203 (703/358–2171). Written planners and developers; to provide candidate species can assist comments and materials received in information that may stimulate and environmental planning efforts by response to this notice will be available guide conservation efforts that will providing advance notice of potential for public inspection by appointment at remove or reduce threats to these listings, allowing landowners and the Division of Conservation and species and possibly make listing resource managers to alleviate threats Classification (for comments of a general unnecessary; to solicit input from and thereby possibly remove the need to nature only) or at the appropriate interested parties to help us identify list species as endangered or threatened. Regional Office listed in SUPPLEMENTARY those candidate species that may not Even if we subsequently list a candidate INFORMATION. require protection under the Act or species, the early notice provided here Species assessment forms with additional species that may require the could result in more options for species information and references on a Act’s protections; and to solicit management and recovery by prompting particular candidate species’ range, necessary information for setting candidate conservation measures to status, habitat needs, and listing priority priorities for preparing listing proposals. alleviate threats to the species. assignment are available for review at We strongly encourage collaborative The CNOR summarizes the status and the appropriate Regional Office listed conservation efforts for candidate threats that we evaluated in order to below in SUPPLEMENTARY INFORMATION or species and offer technical and financial determine that species qualify as at the Division of Conservation and assistance to facilitate such efforts. For candidates and to assign a listing Classification, Arlington, Virginia (see additional information regarding such priority number to each species, or to address above), or on our Internet Web assistance, please contact the remove species from candidate status. site (http://endangered.fws.gov/ appropriate Regional Office listed in Additional material that we relied on is candidates/index.html). SUPPLEMENTARY INFORMATION or visit our available in the Species Assessment and FOR FURTHER INFORMATION CONTACT: The Internet Web site, http:// Listing Priority Assignment Forms Endangered Species Coordinator(s) in endangered.fws.gov/candidates/ (species assessment forms, previously the appropriate Regional Office(s) or index.html. called candidate forms) for each Chris Nolin, Chief, Division of Previous Notices of Review candidate species. Conservation and Classification (703– Overall, this CNOR recognizes 7 new 358–2171). The Act directed the Secretary of the candidates, changes the listing priority Smithsonian Institution to prepare a number for 24 candidates, and removes SUPPLEMENTARY INFORMATION: report on endangered and threatened 10 species from candidate status. Candidate Notice of Review plant species, which was published as Combined with other decisions for House Document No. 94–51. We individual species that were published Background published a notice in the Federal separately from this CNOR, the new The Endangered Species Act of 1973, Register on July 1, 1975 (40 FR 27823), number of species that are candidates as amended (16 U.S.C. 1531 et seq.) in which we announced we would for listing is 279. (Act), requires that we identify species review more than 3,000 native plant We request additional status of wildlife and plants that are species named in the Smithsonian’s information that may be available for endangered or threatened, based on the report and other species added by the the 279 candidate species identified in best available scientific and commercial 1975 notice for possible addition to the this CNOR. We will consider this information. As defined in section 3 of List of Endangered and Threatened information in preparing listing the Act, an endangered species is any Plants, referring to them as species documents and future revisions to the species which is in danger of extinction considered to be candidate endangered

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53757

or threatened species. We published a This revised notice supersedes all species for which we published separate new comprehensive notice of review for previous animal, plant, and combined findings that listing is not warranted, native plants on December 15, 1980 (45 notices of review. plus the 10 species that we have FR 82479), which took into account the determined do not warrant preparation Summary of This CNOR earlier Smithsonian report and other of a rule to propose listing and therefore accumulated information. On November Since publication of the 2004 CNOR have removed from candidate status in 28, 1983 (48 FR 53640), our on May 11, 2005 (70 FR 24870), we this CNOR. supplemental plant notice of review reviewed the available information on New Candidates announced changes in the status of candidate species to ensure that a various species. We published complete proposed listing is justified for each Below we present brief summaries of updates of the plant notice on species and reevaluated the relative seven new candidates that we are September 27, 1985 (50 FR 39526); listing priority number assigned to each recognizing in this CNOR, including one February 21, 1990 (55 FR 6184); species. We also evaluated the need to species of mammal, one bird, two snails, September 30, 1993 (58 FR 51144); and, emergency-list any of these species, two , and one plant. Complete as part of combined animal and plant particularly species with high priorities information, including references, can notices, on February 28, 1996 (61 FR (i.e. species with listing priority be found in the species assessment 7596); September 19, 1997 (62 FR numbers of 1, 2, or 3). This review and forms. You may obtain a copy of these 49398); October 25, 1999 (64 FR 57534); reevaluation ensures that we focus forms from the Regional Office having October 30, 2001 (66 FR 54808); June conservation efforts on those species at the lead for the species, or from our 13, 2002 (67 FR 40657); May 4, 2004 (69 greatest risk. In addition to reviewing Internet Web site (http:// FR 24876); and May 11, 2005 (70 FR candidate species, the Service has endangered.fws.gov/candidates/ 24870). Additionally, on January 8, 2001 worked on numerous findings in index.html). For each of these seven (66 FR 1295), we published our response to petitions to list species and species, we find that we have on file resubmitted petition finding for one has prepared proposed and final sufficient information on biological plant species having an outstanding determinations for rules to list species vulnerability and threats to support a ‘‘warranted-but-precluded finding’’ on a under the Act; some of these findings proposal to list as endangered or petition to list. and determinations have been threatened, but that preparation and We published earlier comprehensive completed and published in the Federal publication of a proposal is precluded reviews for vertebrate in the Register while work on others is still by higher-priority listing actions (i.e. Federal Register on December 30, 1982 underway (see Preclusion and these meet our definition of a candidate (47 FR 58454), and on September 18, Expeditious Progress, below, for species). Two of these seven species 1985 (50 FR 37958). We published an details). Since publication of the CNOR were petitioned for listing, and for those initial comprehensive review for last year the Service has completed and two species this constitutes our finding, invertebrate animals on May 22, 1984 published final rules listing 2 species as as required pursuant to section (49 FR 21664). We published a endangered and 17 species as 4(b)(3)(B)(iii) of the Act, that the combined (i.e. vertebrate and threatened; reviewed the status of and immediate issuance of a proposed rule invertebrate) animal notice of review on published findings that listing proposals and timely promulgation of a final rule January 6, 1989 (54 FR 554), with minor are not warranted for 4 species; and for each of these species has been, for corrections on August 10, 1989 (54 FR published proposed rules for listing for the preceding months, and continues to 32833). We again published 3 species for which final determinations be, precluded by higher priority listing comprehensive animal notices on are pending. actions, and that expeditious progress is November 21, 1991 (56 FR 58804) and Based on our review of the best being made to add qualified species to November 15, 1994 (59 FR 58982). available scientific and commercial the lists of threatened and endangered Beginning in 1996 we published information, this CNOR identifies 7 new species and to remove from such lists combined animal and plant notices, candidate species (see New Candidates, species for which the protections of the including those published on February below), changes the listing priority Act are no longer necessary. (Additional 28, 1996 (61 FR 7596); September 19, number for 24 candidates (see Listing information is provided in the sections 1997 (62 FR 49398); October 25, 1999 Priority Changes in Candidates, below) entitled Petition Findings and (64 FR 57534); October 30, 2001 (66 FR and determined that listing proposals Preclusion and Expeditious Progress, 54808); June 13, 2002 (67 FR 40657); are not warranted for an additional 10 below). We also note below that one May 4, 2004 (69 FR 24876); and May 11, species and thus have removed them other species, a fish, was identified as 2005 (70 FR 24870). Additionally, on from candidate status (see Candidate a candidate earlier this year in a January 8, 2001 (66 FR 1295), we Removals, below). Combined with the separate finding published in the published our resubmitted petition other decisions published separately Federal Register. findings for 25 animal species having from this CNOR for individual species outstanding ‘‘warranted-but-precluded’’ that previously were candidates, a total Mammals petition findings as well as notice of one of 279 species, including 140 plant and New England cottontail (Sylvilagus candidate removal. 139 animal species, are now candidates transitionalis)—The following summary On September 21, 1983, we published awaiting preparation of rules proposing is based on information from our files guidance for assigning a listing priority their listing. These 279 species, along and information collected during the number (LPN) for each candidate with the 3 species currently proposed public comment period on our 90-day species (48 FR 43098). We continue to for listing, are included in Table 1. petition finding. On August 30, 2000, use this guidance to assign each Table 2 includes 33 species identified we received a petition to list this candidate a LPN of 1 to 12, depending in the previous CNOR as either species. We published our 90-day on the magnitude of threats, imminence proposed for listing or classified as finding on June 30, 2004 (69 FR 39395). of threats, and taxonomic status. Such a candidates that are no longer in those The New England cottontail (NEC) is priority ranking guidance system is categories. This includes the 19 species a medium- to large-sized cottontail required under section 4(h)(3) of the Act we listed as threatened or endangered rabbit that may reach 1,000 grams in (15 U.S.C. 1533(h)(3)). since the previous CNOR and the 4 weight, and is one of two species within

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53758 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

the Sylvilagus occurring in New number of 2. (See also the section America also are substantially lower England. New England cottontails are entitled Petition Findings, below) than in the past and do not show a considered habitat specialists, in so far rebound. Birds as they are dependent upon early- The primary factor threatening the red successional habitats typically Red knot (Calidris canutus rufa)—The knot is destruction and modification of described as thickets. The species is the following summary is based on its habitat, particularly the reduction in only endemic cottontail in New information from our files and key food resources resulting from England. information provided by petitioners. We reductions in horseshoe crabs, which Historically, the NEC ranged from received one petition on August 9, 2004, are harvested primarily for use as bait southeastern New York (east of the and two others were each received on and secondarily to support a biomedical Hudson River) north through the August 5, 2005. industry. Commercial harvest increased The rufa subspecies is one of six Champlain Valley, southern Vermont, substantially in the 1990’s. Since 1999, recognized subspecies of red knot and the southern half of New Hampshire, a series of timing restrictions and one of three subspecies occurring in southern Maine, and south throughout substantially lower harvest quotas have (hereafter all mention of Massachusetts, Connecticut, and Rhode been adopted by the Atlantic States red knot refers strictly to the rufa Island. The species is now considered to Marine Fisheries Commission (ASMFC), subspecies). This subspecies makes one be extirpated from Vermont, the current as well as New Jersey and Delaware. In of the longest distance migrations range elsewhere has declined May 2006, the ASMFC adopted known in the animal kingdom as it substantially, and occurrences have restrictions effective from October 1, travels between breeding areas in the become increasingly separated. The 2006 to September 30, 2008, including central Canadian Arctic and wintering a prohibition on harvest and landing of species’ current distribution is areas that are primarily in southern fragmented into five apparently isolated South America along the coast of Chile horseshoe crabs in New Jersey and metapopulations in about 14 percent of and Argentina. They migrate along the Delaware from January 1 through June 7, the species’ historical range. The range Atlantic coast of the United States harvest of males only from June 8 has contracted from approximately (U.S.), where they may be found from through December 31, and harvest 90,000 sq km to 12,180 sq km, and Maine to Florida. The Delaware Bay limited to no more than 100,000 much of the suitable habitat within the area (in Delaware and New Jersey) is the horseshoe crabs per state per year. The current range is in small patches that are largest known spring migration stopover ASMFC also adopted other restrictions not occupied by the NEC. A multi-state, area, with far fewer migrants applicable to Maryland and Virginia. regional inventory conducted in 2001– congregating elsewhere along the New Jersey has established restrictions 2004 found New England cottontails Atlantic coast. The concentration in the which supersede those of the ASMFC; were absent from 93% of approximately Delaware Bay area occurs from the as a result there is a moratorium on all 2,300 habitat patches within the recent middle of May to early June, horseshoe crab harvest in New Jersey historical range (1990 to present) that corresponding to the spawning season from May 15, 2006 through June 7, were searched for the presence of the of horseshoe crabs. The knots feed on 2008, after which the restrictions species. Many of the occupied sites horseshoe crab eggs, rebuilding energy adopted by ASMFC apply. were quite small (3 acres or less) and are reserves needed to complete migration The reductions in commercial harvest considered by some researchers to be to the Arctic and arrive on the breeding since 1999 are substantial: 726,660 population ‘‘sinks.’’ It is estimated that grounds in good condition. horseshoe crab landings for bait were less than one-third of the occupied sites Surveys at wintering areas and at reported in 1999 in Delaware and New occur on lands in conservation status, Delaware Bay during spring migration Jersey, compared to 173,777 in 2004. and fewer than 10 percent of these sites indicate a substantial decline in recent However, we do not know whether in conservation status are being years. At the Delaware Bay area, peak horseshoe crab populations will rebuild managed for early successional forest counts between 1982 and 1998 were as or how long a lag time there may be in species such as the NEC. high as 95,360 knots. Although counts increased availability of eggs, as they The primary threat to the New may vary considerably between years, need 8–10 years to reach sexual England cottontail is ongoing some of the population fluctuations can maturity and other key information for destruction and modification of its be attributed to predator-prey cycles in estimating population response is remaining habitat through natural the breeding grounds, and counts show lacking. A survey in Delaware Bay succession processes and through that knots rebound from such showed spawning activity was stable or alteration related to human reductions. In the past, horseshoe crab slightly declining from 1999 to 2004. In development and other activities. eggs were so numerous that a knot could 2004, availability of horseshoe crab eggs Isolation of occupied patches of habitat eat enough in two to three weeks to on principal shorebird foraging beaches by areas of unsuitable habitat, as well as double its weight. Research shows that increased over recent years. The peak predation, appears to be resulting in from 1997 to 2002 an increasing number of migrant red knots observed at local extirpation of New England proportion of red knots leaving the Delaware Bay increased slightly in 2005 cottontails from small patches. Based on Delaware Bay failed to achieve compared to 2004, and in 2006 the peak current land uses in the region, the loss threshold departure masses needed to count was similar to that in 2004. Also, of about 2 percent of its current range to breeding grounds and survive an body weights of red knots at the time of per year is expected to continue. initial few days of snow cover, and this departure from Delaware Bay improved Additional threats include competition corresponded to reduced annual in 2005 over previous years. Counts of for food and habitat with introduced survival rates. Recently, peak counts at red knots at key wintering areas in eastern cottontails and large numbers of the Delaware Bay area have been lower South America, although much reduced native white-tailed deer, and inadequate than in the past and do not show a from the past, were similar in 2006 to regulatory mechanisms in effect to rebound. The peaks were 13,315 in the counts in 2005. Thus in recent years protect the habitat. Based on threats of 2004, 15,345 in 2005, and 13,455 in the number of knots has been much high magnitude that are imminent, we 2006. Counts in recent years at the lower than in the past and the trend in assigned this species a listing priority principal wintering areas in South the abundance is not improving despite

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53759

a four-fold reduction in horseshoe crab chemistry that can affect survival or Insects landings since the late 1990’s. reproduction of black mudalia. Florida leafwing butterfly (Anaea Other identified threat factors include The primary threats to the black troglodyta floridalis)—The Florida habitat destruction due to beach erosion mudalia in the areas it currently leafwing is endemic to south Florida and various shoreline protection and occupies involve habitat destruction and the Keys; it occurs only within pine stabilization projects that are impacting and modification, particularly in rocklands that retain its sole hostplant, areas used by migrating knots for relation to poor water quality and pineland croton (Croton linearis). Once foraging, the inadequacy of existing habitat deterioration. Point-source locally common within the formerly regulatory mechanisms, human discharges and surface runoff cause widespread pine rockland habitat that disturbance, and competition with other nutrification, decreased dissolved occurred within Miami-Dade and species for limited food resources. Also, oxygen concentration, increased acidity Monroe Counties and less common and the concentration of red knots in the and conductivity, and other changes in sporadic within Collier, Martin, Palm Delaware Bay area and at a relatively water chemistry which are likely to Beach, and Broward Counties, the small number of wintering areas make seriously affect aquatic snails. Pollution leafwing now has small and isolated the species vulnerable to potential large- from surface runoff can originate from a populations at only two locations: On scale events in those areas such as large wide array of land use activities, and oil spills or severe weather. may include sediments, fertilizers, Big Pine Key in the lower Florida Keys, Overall, we conclude that the threats, herbicides, pesticides, animal wastes, and Long Pine Key on the Florida in particular the modification of habitat septic tank and gray water leakage, and mainland. On Big Pine Key, the through harvesting of horseshoe crabs to oils and greases. Land uses in the butterfly and its habitat occur on such an extent that it puts the viability vicinity of black mudalia populations National Key Deer Refuge (NKDR) and of the knot at substantial risk, are of a include pasture, row crops, timber also on other scattered private and high magnitude, but are nonimminent production, and chicken farms. Because public lands within the vicinity of because of reductions and restrictions the threats to black mudalia are of a NKDR. On the Florida mainland, the on harvesting horseshoe crabs. high magnitude and are imminent, we population on Long Pine Key is within Accordingly, we assigned a listing assigned a listing priority of 2 to this Everglades National Park (ENP). Pine priority number of 6 to this subspecies. species. rockland fragments on the mainland (See also the section entitled Petition Rough hornsnail (Pleurocera near or adjacent to ENP may still retain Findings, below) foremani)—The following summary is the potential to support some small, based on information in our files. The localized, and sporadic populations of Fish rough hornsnail is an aquatic snail the butterfly, but no Florida leafwings (Gila nigra)—We endemic to the Coosa River system in have been documented as occurring in previously announced candidate status Alabama. It currently is known to occur such areas outside ENP for the last for this species in a separate warranted- at two locations: The lower Yellowleaf several years. but-precluded 12-month petition Creek in Shelby County, and the lower Land developments of various types finding, published on May 3, 2006 (71 Coosa River below Wetumpka Shoals in have greatly reduced pinelands in FR 26007). Elmore County. Searches of historical Florida. Within the Keys, pinelands containing the pineland croton Snails habitats in the Coosa River and its tributaries have failed to locate the hostplant now occur only on Big Pine Black mudalia (Elimia melanoides)— species at other localities. The two Key, with an estimated 80 hectares (ha) The following summary is based on surviving populations are extremely (198 acres) within NKDR and small, information in our files. The historical small and localized. The historical scattered relict sites elsewhere. On the and current range of the black mudalia, habitats of the rough hornsnail have mainland, an estimated 1,068 ha (2,638 an aquatic snail, is in Alabama. The been extensively modified by six large acres) of appropriate hostplant-bearing historical range included much of the dams constructed for hydropower habitat occur within ENP on Long Pine upper half of the Black Warrior River production. Dams eliminate or reduce Key; outside that area, in Miami-Dade drainage, including the main stem Black currents within impounded areas, County, scattered fragments of pine Warrior above Tuscaloosa, as well as the allowing sediments to accumulate on rockland containing pineland croton Sipsey Fork and Locust Fork. The black inundated channel habitats. Impounded occur in fragments that collectively total mudalia is currently known from five waters also experience changes in water approximately 370 (ha) (916 acres), localized shoals in an approximately 30- chemistry that can affect survival or roughly half of which are in private mile reach of the upper Locust Fork of reproduction of pleurocerid snails. ownership. Collectively, the Big Pine the Black Warrior River, and from two Currently, the primary threat to the Key, Long Pine Key, and relict pine shoals in a 1-mile reach of the rough hornsnail is habitat destruction rocklands adjacent to ENP presently Blackburn Fork of the Little Warrior and modification related to poor water support an estimated total of 100–800 River, a tributary of the Locust Fork. quality and habitat deterioration that adult Florida leafwing butterflies at any The black mudalia requires flowing result from point source discharges and/ given time. water, and the construction of two major or surface runoff. These actions cause The Florida leafwing is vulnerable to dams on the main stem Black Warrior nutrification, decreased dissolved impacts that probably did not pose River above the Fall Line (Oliver Lock oxygen concentration, increased acidity significant risks to its continued and Dam, 1940; Holt Dam, 1966) and and conductivity, and other changes in existence in the past, when suitable another dam on the lower Sipsey Fork water chemistry that can seriously affect habitat and the species were much more (Bankhead Dam, 1975), impounded aquatic snails. Both populations of the abundant and widespread. Habitat much of the species’ historical habitat. rough hornsnail are in areas currently destruction and modification is a Dams eliminate or reduce currents experiencing high human population continuing problem on public and within impounded areas, allowing growth and development. Because the private lands. This includes habitat loss sediments to accumulate on inundated threats are ongoing and are of a high due to unnatural or altered fire regimes. channel habitats. Impounded waters magnitude, we assigned the rough Natural fires are important in also experience changes in water hornsnail a listing priority of 2. maintaining the herbaceous layer of

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53760 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

pine rocklands, of which the butterfly’s ENP, as mosquito control on Long Pine Flowering Plants sole hostplant, pineland croton, is a Key is limited to residential areas and Harrisia aboriginum (Aboriginal part. Without these fires, succession campgrounds. Additional natural and pricklyapple)—The following summary from pinelands to hardwood hammocks human-related factors include the risk is based on information in our files. is rapid, with loss of suitable habitat for of direct mortality and habitat loss due This cylindrical-stemmed cactus the Florida leafwing. Due to the to extreme weather events (e.g. currently occurs in coastal strand proximity of remaining pine rockland hurricanes, tropical storms), and risk of vegetation and tropical coastal habitat to urban areas in southern reduced genetic diversity; both of these hammocks on coastal islands of Florida and the Keys, most natural fires risks are heightened due to the Sarasota, Charlotte, and Lee Counties, have been and are suppressed, often reduction of the Florida leafwing to Florida, from Longboat Key south to replaced by inconsistent regimes of small, isolated populations. Buck Key in the J.N. ‘‘Ding’’ Darling managed or prescribed fires that do not The established interest in specimens National Wildlife Refuge. Populations necessarily result in habitat conditions of the leafwing and information requests are likely to be on shell mounds or sites suitable for the Florida leafwing. regarding its location from collectors, with shelly substrates; plants may be Prescribed burning occurs on portions researchers, and others suggests that quite close to the mangrove zone, but of ENP on Long Pine Key, and ENP is collection may be occurring and has the not in it. This plant always had a working on incorporating potential to occur at any time. However, restricted distribution and is now considerations for life histories of select we do not have sufficient information to vulnerable to extinction because only 10 butterfly species into their management. conclude that overutilization for populations are remaining. Each At NKDR, private homes and light commercial, recreational, scientific, or population occurs just above sea level commercial uses are embedded within educational purposes is a factor that along the coast, and is threatened by the or in close proximity to the fire- threatens the Florida leafwing. The rise in sea level that has occurred during sustained pineland habitat. Thus principal threats to the Florida leafwing the past century and is continuing. Each management of pine rocklands is at this time are the destruction, population is also threatened by particularly difficult due to the mixed modification, or curtailment of its nonnative plant invasions and, in at pattern of land ownership and least one case, predation by introduced development. Fire suppression to habitat or range, and other natural or manmade factors affecting its continued iguanas. Some populations are on protect residential areas results in the private lands, and these are all invasion and replacement of native pine existence. Based threats of high magnitude that are imminent, we vulnerable to habitat destruction and/or rockland habitat by hardwood improper management. Additionally, hammocks, thereby causing continued assigned a listing priority number of 3 to the Florida eafwing butterfly. the proximity to the coast, combined loss of habitat for the leafwing. Survey with the very small number of plants in Bartram’s hairstreak butterfly data collected from mid-2003 through each population, makes the species (Strymon acis bartrami)—The following July 2006 indicate a substantial decline vulnerable to hurricanes which have the in leafwing numbers on NKDR, even summary is based on information in our potential to overwash islands and within an area where prescribed files. The Bartram’s hairstreak is a extirpate populations. For these reasons, burning occurs. Outside of NKDR and subspecies endemic to south Florida the magnitude of threats is high. ENP, much of the remaining suitable and the Keys. Like the Florida leafwing Overall, threats are nonimminent habitat for the Florida leafwing on butterfly (described above) it occurs because public land managers have been private land is subject to destruction or only within pine rocklands that retain and are continuing to address exotic modification due to the effects of fire its sole hostplant, pineland croton invasive plant issues. Therefore, we suppression or due to the nature of (Croton linearis). Once locally common assigned this species a listing priority prescribed fire activities, and continued within the formerly widespread pine number of 5. economic development that results in rockland habitat that occurred within conversion of pine rocklands to other Miami-Dade and Monroe Counties, and Listing Priority Changes in Candidates uses. less common and sporadic within We reviewed the listing priority The continued existence of the Collier, Palm Beach, and Broward number for all candidate species and are Florida leafwing also is threatened due Counties, the Bartram’s hairstreak is changing the numbers for the following to other natural and human-related now largely restricted to two locations: species. Some of the changes reflect factors. Pesticides used in mosquito Big Pine Key in the Florida Keys, and actual changes in either the magnitude control practices are a major threat on Long Pine Key on the Florida mainland. or imminence of the threats, and in one Big Pine Key, where nearly all occupied On Big Pine Key, the butterfly and its case, reflects a change in the and suitable habitat for the Florida habitat occur on National Key Deer of the species. For some species, our leafwing is exposed to mosquito control Refuge and also on other scattered changes in the listing priority number chemicals. Studies have shown that the private and public lands in the vicinity reflect efforts to ensure national pesticides used for mosquito control at of NKDR. On Long Pine Key the species consistency as well as closer adherence field application rates are extremely is within Everglades National Park. Pine to the 1983 guidelines in assigning these toxic to non-target butterflies, skippers, rockland fragments near or adjacent to numbers, rather than a change in the and moths. Essentially all of the pine ENP also appear to retain some small, nature of the threats. rocklands within NKDR except one area, localized, and sporadic populations of Watson’s Hammock, are sprayed and the butterfly. The same factors Birds residential areas and roadsides across identified as threats to the Florida Friendly ground-, American Big Pine Key are treated. Also, chemical leafwing butterfly (summarized above) Samoa DPS (Gallicolumba stairi stairi)— drift of pesticides has been found 750 also threaten Bartram’s hairstreak. Based The following summary is based on meters (2,460 feet) within the borders of on threats of high magnitude that are information contained in our files. The the no-spray zone on Watson’s imminent, we assigned a listing priority genus Gallicolumba is distributed Hammock. Mosquito control poses number of 3 to Bartram’s hairstreak throughout the Pacific and Southeast much less of a risk to the leafwings in butterfly. Asia. The genus is represented in the

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53761

oceanic Pacific by six species. Three are Streaked horned lark (Eremophila unpredictable wintering habitat loss, endemic to Micronesian islands or alpestris strigata)—The following potentially affecting a large portion of archipelagos, two are endemic to island information is based on information the population at one time. In groups in French Polynesia, and G. contained in our files. No new Washington, known populations occur stairi is endemic to Samoa, Tonga, and information was provided in the on airports and two military bases Fiji. All six species have some level of petition received December 11, 2002. where management and training threatened status on the International The streaked horned lark occurs in activities can negatively affect streaked Union for Conservation of Nature and British Columbia (Canada), Washington horned lark breeding. In British Natural Resources (IUCN) Red List. State, and Oregon. The streaked horned Columbia, the one potentially remaining Some authors recognize two subspecies lark nests on the ground in sparsely site with breeding birds occurs at an of the friendly ground-dove, one, vegetated sites in short-grass dominated airport. The immediacy of threat is slightly smaller, in the Samoan habitats, such as native prairies, coastal imminent, due to the continued loss of archipelago (G. s. stairi), and one in dunes, fallow agricultural fields, lightly suitable lark habitat, risks to the Tonga and Fiji (G. s. vitiensis), but to moderately grazed pastures, seasonal wintering populations, plans for morphological differences between the mudflats, airports, and dredged-material development on and adjacent to two of two are minimal. formed islands in the Columbia River. It its nesting areas, use of falcons and dogs In American Samoa, the friendly is essentially extirpated from Canada. In to haze breeding birds at McChord AFB, ground-dove has been found on the Washington State, surveys show that planned expansions of the McChord islands of Ofu and Olosega (Manua there are approximately 380 remaining AFB west ramp and Olympia airport, Group). Threats to this subspecies have breeding birds (Pearson and Altman the planned addition of 130 more not changed over the past year. Of the 2005). In Oregon, the breeding helicopters at the Gray Army Airfield, primary threats to the subspecies population is estimated to be and annual Air Force military training (predation by nonnative species, approximately 400 birds. and fire bombing on top of lark nesting poaching, and habitat loss), predation The streaked horned lark’s breeding habitat. Because of the increased by nonnative species is thought to be habitat is threatened by loss and imminence of threats, we changed the occurring now, and predation likely has degradation due to conversion of native listing priority number for the streaked been occurring for several decades. This grasslands to other uses (such as horned lark from 6 to 3. predation may be an important agriculture, homes, recreational areas, and industry), encroachment of woody Reptiles impediment to increasing the vegetation, and invasion of nonnative Black pine snake (Pituophis population. Predation by introduced plant species (e.g., Scot’s broom and melanoleucus lodingi)— There are species has played a significant role in sod-forming grasses). Native prairies historical records for the black pine reducing, limiting, and extirpating have been nearly eliminated throughout snake from one parish in Louisiana, 14 populations of island birds, especially the range of the species. It is estimated counties in Mississippi, and 3 counties ground-nesters, in the Pacific and other that less than 1 to 3 percent of the native in Alabama west of the Mobile River locations worldwide. Nonnative grassland and savanna remains. Those Delta. Black pine snake surveys and predators known or thought to occur in that remain have been invaded by trapping indicate that this species has the range of the friendly ground-dove in nonnative sod-forming grasses. Coastal been extirpated from Louisiana and American Samoa are feral cats (Felis nesting areas have suffered the same from two counties in Mississippi. catus), Polynesian rats (Rattus exulans), fate. Wintering habitats are seemingly Moreover, the distribution of remaining black rats (R. rattus), and Norway rats few, and susceptible to unpredictable populations has become highly (R. norvegicus). conversion to unsuitable overwintering restricted due to the destruction and In February of 2005, a hurricane habitat. Where larks inhabit nonnative fragmentation of the remaining longleaf destroyed the habitat of G. stairi in an habitats similar in structure to native pine habitat within the range of the area on Olosega Island where the prairies (such as airports, military species. Most of the known Mississippi species had been most frequently reservations, agricultural fields, and populations are concentrated on the recorded. Although this species has dredge formed islands), they are DeSoto National Forest. Populations coexisted with severe storms for subjected to a variety of unintentional occurring on properties managed by city millennia, this example illustrates the human disturbances such as mowing, and State agencies as gopher tortoise potential for natural disturbance to recreational and military activities, mitigation banks or wildlife exacerbate the effect of anthropogenic plowing, flooding, and dredge spoil management areas represent the best disturbance on small populations. dumping during the nesting season, as opportunities for long-term survival of Consistent monitoring using a variety of well as intentional disturbances such as the species in Alabama. Other factors methods over the last 5 years yielded at the McChord AFB where falcons and affecting the black pine snake include few observations of this taxon in dogs are used to haze the birds in order vehicular mortality and low American Samoa. The total population to avoid aircraft collisions. In some reproductive rates, which magnify other size is poorly known, but is unlikely to areas, landowners have taken steps to threats and increase the likelihood of number more than a few hundred pairs. improve streaked horned lark nesting local extinctions. Due to the imminent The distribution of the friendly ground- habitat. threat of high magnitude caused by the dove is limited to forested slopes with The magnitude of threat is high due past destruction of most of the longleaf an open understory and a substrate of to small populations with low genetic pine habitat of the black pine snake, and fine scree or exposed earth; this habitat diversity and patchy and isolated the continuing persistent degradation of is not common in American Samoa. We habitats in areas desirable for what remains, we assigned a listing revised the listing priority number from development. The threat of invasive priority number of 3 to this subspecies. a 3 to a 6 to better reflect the fact that plant species is high and constant. The Although there is no actual change in the threats posed to the friendly ground- numbers of individuals are low and the threats over the past year, habitat loss dove (its small population size and numbers of populations are few. represents an ongoing or imminent nonnative predators) are nonimminent Overwintering birds are concentrated in threat to the black pine snake. but still may occur throughout its range. larger flocks and subject to Therefore, to help ensure consistency in

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53762 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

the application of our listing priority Amphibians siltation of instream habitats caused by process, we changed the listing priority Relict leopard frog (Rana onca)—This coal mining activities, silvicultural number from a 6 to a 3 to reflect that leopard frog was considered extinct practices, road construction, and urban the threats are imminent. since the 1950s, until it was development. Because the species is Louisiana pine snake (Pituophis rediscovered in two relatively small limited to only 18 known populations, the magnitude of threat for the species ruthveni)—The Louisiana pine snake areas in southern Nevada and a spring is high; these populations are isolated historically occurred in fire-maintained in extreme northwestern . We from one another by poor-quality longleaf-pine ecosystems of west-central estimate that the current distribution of habitat, impoundments, or natural Louisiana and extreme east-central the species is 10 to 20 percent of its historical distribution. Habitat barriers. The immediacy of threat is Texas. Louisiana pine snakes are closely nonimminent because (1) Federal and conversion to agriculture, water associated with Baird’s pocket gophers State water quality laws have reduced diversions, habitat fragmentation such (Geomys breviceps) and make extensive water quality and habitat threats to as construction of Hoover Dam and use of their burrow systems for foraging, some degree, (2) non-point pollution creation of and Lake Mojave, nocturnal and diurnal retreats, escape threats and modification of reach and introduction and establishment of from predators and fire, and hibernation geomorphology and hydrology are nonnative predators and competitors are sites. Within some of the best remaining cumulative and gradual, and (3) believed to be the primary causes of habitat in their historic range, Louisiana approximately 40 percent of watersheds historical population declines and pine snakes have not been documented supporting the species are provided reduction in the range and distribution in over a decade. Results of Louisiana habitat and water quality protection pine snake trapping and radiotelemetry of the frog. Currently, the primary through Federal ownership (Daniel surveys suggest that extensive threats are low numbers of individuals Boone National Forest). Consequently, population declines and local and populations, nonnative predators we assigned a listing priority number of extirpations have occurred during the and competitors, and the potential for 5 to this species. This represents a last 50 to 80 years. water diversion or ground water change in the previous listing priority pumping. A conservation agreement and number, from 6 to 5, due to a change in Most of the historical longleaf pine strategy completed in 2005 will serve as habitat of the Louisiana pine snake has taxonomic status for the species, not the management plan for the species. As because of a change in threat magnitude been destroyed, and the habitat quality prescribed in the agreement and of that which remains has been or imminence. The Cumberland Johnny strategy, annual work plans will be darter, E. nigrum susanae, was elevated degraded due to logging, fire developed and implemented to monitor to specific status (E. susanae, suppression, roadways, short-rotation threats and the status of the species as Cumberland darter) based on new silviculture, and grazing. Louisiana pine well as accomplish conservation actions molecular evidence showing that this snake habitat loss is continuing, albeit at for the species. The magnitude of subspecies has distinct mitochondrial a slower rate than in the past. The best existing threats is moderate, which we DNA haplotypes not found in the remaining Louisiana pine snake habitat lowered from the previous Johnny darter, E. nigrum nigrum. occurs on lands where periodic burning determination of high magnitude in Rush darter (Etheostoma has continued. Other factors affecting 2005. This change in magnitude is phytophilum)—The following summary Louisiana pine snakes include low largely based on successful captive- is based on information from our files. fecundity (reproductive output), which rearing and translocation efforts. These No new information was provided in magnifies other threats and increases threats remain nonimminent since there the petition received on May 11, 2004. the likelihood of local extinctions, and are no known projects or actions that This species is endemic to upland vehicular mortality, which may would adversely affect frog populations portions of the Black Warrior River significantly affect Louisiana pine snake or threaten surface water associated system in Alabama where it occurs in population and community structure. with known sites occupied by the frog. shallow headwater streams. This species The Candidate Conservation Thus, we changed the listing priority is uncommon and sporadic within its Agreement for the Louisiana pine snake, number from a 5 to an 11 for this range, as it favors shallow, flowing species. a comprehensive and voluntary water in spring runs and spring- partnership encompassing all Federal Fishes associated streams with emergent vegetation. Only three disjunct lands where pine snake occurrences are Cumberland darter (Etheostoma known, was recently completed in order populations are known: One in the Clear susanae)—The following information is Creek system in Winston County, one in to protect known Louisiana pine snake based on information contained in our spring-fed tributaries of Turkey Creek in populations and maintain the ecosystem files. No new information was provided Jefferson County; and one population in upon which it depends. Several private in the petition received on May 11, Little Cove Creek (Cove Springs) in landowners with known Louisiana pine 2004. This fish species is an Etowah County. snake populations are interested in approximately 3-inch member of the The Jefferson County population joining that partnership or developing a family Percidae that is endemic to the (Turkey Creek), which is located in a similar one. The pro-active partnerships upper Cumberland River system (above large metropolitan area, is threatened by to address key management concerns Cumberland Falls) in Kentucky and urbanization and commercialization of and research needs are growing and Tennessee. Currently, the species is its habitat. Siltation from bridge, road, these conservation efforts have reduced restricted to 16 headwater streams in and sewer line construction has been the magnitude of the threats from high Kentucky and 2 streams in Tennessee. recently documented within the Turkey to moderate. However, the primary Within these streams, the Cumberland Creek watershed by academic threat from habitat loss continues and darter inhabits low-velocity, shallow researchers and Service biologists. The is, therefore, imminent. Thus, based on riffles and backwater areas of moderate- major threat to the Winston County threats of moderate to low magnitude to low-gradient stream reaches with population of rush darters is erosion in that are imminent, we have changed the stable sand or sandy-gravel substrates. Mill Creek, Doe Branch, and Wildcat listing priority number from a 5 to an 8. The primary threat to the species is Branch, and the cumulative increase of

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53763

sediments caused from gravel roads and Insects lies within lands administered by the roadside ditches. Within the past year, Wekiu bug (Nysius wekiuicola)—The State of Hawaii Department of Hawaiian biologists have observed increased wekiu bug belongs to the true bug Home Lands. There are no conservation erosion along roads adjacent to Doe and family, Lygaeidae, and is endemic to the efforts underway to eliminate the Wildcat Branches which resulted in island of Hawaii. This species only potential for any of these threats. The increased siltation within those streams. occurs on the summit of Mauna Kea and magnitude of threats remains high Increased urbanization, road feeds upon other species which because of the devastating effect that maintenance and silviculture practices are blown to the summit of this large realization of these threats could have contribute to increased sedimentation in volcano. The wekiu bug is primarily on the species because of its restriction the watershed. The major threat to the threatened by the loss of its habitat from to a single pool. However, we changed the listing priority number for this Cove Springs population is astronomy development. In 2004 and species from a 1 to a 4 because the contamination of the water with early 2005, surveys were conducted that threats are nonimminent: Fish have not chlorine. Efforts are underway to found multiple new locations of the been introduced into the pool (nor is improve habitat and water quality; wekiu bug on Mauna Kea summit. there any reason to believe that however, at this time all populations are Several of these cinder cones within the introduction is imminent) and a site being negatively affected by declining Mauna Kea Science Reserve, as well as visit in early 2005 showed there were no water quality. The magnitude of threat two other cinder cones located in the signs of dumping or fill. is high due to the limited number of State Ice Age Natural Area Reserve, are populations. We changed the listing Anchialine pool shrimp (Metabetaeus not currently undergoing development lohena)—Metabetaeus lohena is an priority from a 5 to a 2 based on the nor is development planned. With the imminent threat; the threat is imminent anchialine pool inhabiting species of discovery of these new locations, the shrimp belonging to the family because water quality is currently threats, though ongoing, do not occur declining for all populations. Alpheidae. This species is endemic to across the entire range of the wekiu bug. the Hawaiian Islands and is currently Clams The immediacy of the threats is known from populations on the islands imminent in some part of the weiku of Oahu, Maui, and Hawaii. The Altamaha spinymussel (Elliptio bug’s range because ongoing primary threats to this species are spinosa)—The following summary is development is occurring in the Keck predation by fish (which do not based on information in our files. The Observatory Outrigger telescope project naturally occur in the pools inhabited Altamaha spinymussel is a freshwater area. This development will establish by this species) and habitat loss from mussel endemic to the Altamaha River six new interferometry telescopes degradation. The pools where this drainage of southeastern Georgia. The around the existing Keck facility. A species occurs on Maui and Hawaii are historical range was restricted to the mitigation plan is in place that will located within State Natural Area Coastal Plain portion of the Altamaha require a 3:1 replacement of damaged Reserves (NAR). Hawaii’s State statutes River and the lower portions of its three habitat. However, the effectiveness of prohibit the collection of the species major tributaries, the Ohoopee, this mitigation is untested and and the disturbance of the pools in State Ocmulgee, and Oconee Rivers. The unknown. Although the threats are NARs. However, enforcement of these species is associated with stable, coarse ongoing in some areas of wekiu bug prohibitions is difficult and the negative to fine sandy sediments of sandbars and habitat, the recent discoveries of new effects from the introduction of fish are sloughs and appears to be restricted to locations of the wekiu bug in areas that extensive and happen quickly. swiftly flowing water. The species are not subject to the primary threat of Therefore, threats to this species are of appears to be extirpated from the astronomy development reduces the a high magnitude. However, we now Ohoopee and Oconee Rivers, and its magnitude of the threat from high to consider the threat of predation from numbers are greatly reduced in the moderate. Therefore, we are changing fish to be nonimminent because no fish Ocmulgee and Altamaha Rivers. the listing priority number for this were observed during the surveys Altamaha spinymussels face severe species from a 2 to an 8. conducted in the NARs for this shrimp habitat degradation from a number of Crustaceans in 2004 and no recent habitat sources. Primary among these are degradation has occurred. In addition, threats from sedimentation and Anchialine pool shrimp (Vetericaris no nonnative fish were observed during contaminants within the rivers that the chaceorum)—Vetericaris chaceorum is several site visits to the Oahu location Altamaha spinymussel inhabits. A new an anchialine pool-inhabiting species of in 2005. Therefore, we changed the threat of deadhead logging has recently shrimp belonging to the family, listing priority number of this species emerged. These threats to the Altamaha Procarididae; it is the only species in its from a 2 to a 5. spinymussel are further compounded by genus. This species is endemic to the Anchialine pool shrimp its limited distribution and the low Hawaiian Islands and is only known (Palaemonella burnsi)—Palaemonella population size identified in recent from one population in a single pool on burnsi is an anchialine pool inhabiting survey efforts. Efforts to identify the the island of Hawaii. There are two species of shrimp belonging to the host fish and expand our understanding primary threats to this species. First, family, Palaemonidae. This species is of the spinymussels’ life cycle have not fish do not naturally occur in the pool endemic to the Hawaiian Islands and is produced results, attempts to investigate inhabited by the species, and it would currently known from three populations potential impacts caused by heavy be highly vulnerable to predation by any on the island of Maui and one metals have not received funding, a intentionally or accidentally introduced population on the island of Hawaii. The survey conducted in 2004 in the fish. Anchialine pools have been used to primary threats to this species are Ocmulgee found no spinymussels, and discard or hold bait-fish and/or predation by fish (which do not deadhead logging presents an added aquarium fish. Second, the species is naturally occur in the pools inhabited threat. Consequently, we now consider vulnerable to habitat loss due to by this species) and habitat loss due to the threats to be imminent and have degradation by dumping or fill, or degradation. The pools where this changed the listing priority number recreational activities. This activity has species occurs on Maui are located from a 5 to a 2 for this species. occurred in the past but this pool now within a State Natural Area Reserve

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53764 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

(NAR). Hawaii’s State statutes prohibit fragment flowers. Abronia alpina is However, the Forest Service could the collection of the species and the known from one main population center change their decision when the 10-year disturbance of the pools in State NARs. in Ramshaw Meadow on the Kern period ends and livestock grazing On the island of Hawaii, the species Plateau of the Sierra Nevada, California within A. alpina habitat may resume. To occurs within a National Park and and from one subpopulation found in ensure consistency in our interpretation collection and disturbance are also adjacent Templeton Meadow. The total of the imminence of threats, we revised prohibited. However, enforcement of estimated area occupied is the listing priority for A. alpina from an these prohibitions is difficult, and the approximately 6 hectares (15 acres). 11 to an 8 to reflect the fact that most negative effects from the introduction of Population estimates from 1985–1994 of these moderate threats are imminent. fish are extensive and happen quickly. range from a low of 69,652 plants in Arabis georgiana (Georgia Therefore, threats to this species are of 1986 to 132,215 plants in 1987. Surveys rockcress)—The Georgia rockcress high magnitude. However, we no longer conducted since 1994 indicate that no grows in a variety of dry situations, consider the threats to be imminent, significant changes have occurred in including shallow soil accumulations because during a 2004 survey no fish population size or location, although, on rocky bluffs, ecotones of gently were observed in the pools where these the 2003 survey showed population sloping rock outcrops, and in sandy shrimp occur on Maui or the island of numbers to be at the low end of the loam along eroding river banks. It is Hawaii and there was no evidence of range. The population fluctuates from occasionally found in adjacent mesic recent habitat degradation. Therefore, year to year without any clear trends. woods, but it will not persist in heavily shaded conditions. Currently a total of the threats of predation from fish and The major threats facing A. alpina 18 populations are known from the Gulf habitat degradation are nonimminent, include habitat disturbance and Coastal Plain, Piedmont, and Ridge and and consequently we changed the trampling from incidental livestock Valley physiographic provinces of listing priority number of this species trailing, pack animals, and hikers; Alabama and Georgia. Populations of from a 2 to a 5. campsite development; and erosion Anchialine pool shrimp (Procaris this species typically have a limited associated with such disturbances. An hawaiana)—Procaris hawaiana is an number of individuals over a small area. additional threat is encroachment of anchialine pool inhabiting species of Habitat degradation, more than lodgepole pine into areas occupied by shrimp belonging to the family, outright habitat destruction, is the most the species. Lodgepole pine Procarididae. This species is endemic to serious threat to this species’ continued encroachment has altered the meadow the Hawaiian Islands and is currently existence. Disturbance associated with known from two populations on the and becoming established within A. timber harvesting, road building, and island of Maui and one population on alpina habitat. Lodgepole pine grazing has created favorable conditions the island of Hawaii. The primary encroachment may alter soil for the invasion of nonnative weeds, threats to this species are predation characteristics by increasing organic especially Japanese honeysuckle from fish (which do not naturally occur matter levels, decreasing porosity, and (Lonicera japonica), in this species’ in the pools inhabited by this species) moderating diurnal temperature habitat. Eight populations are currently and habitat loss due to degradation. The fluctuations thus reducing the or potentially threatened by the pools where this species occurs on Maui competitive ability of A. alpina to presence of nonnative plants. The are located within a State Natural Area persist in an environment more heritage programs in Alabama and Reserve (NAR). Hawaii’s State statutes hospitable to other plant species. The Georgia have initiated plans for exotic prohibit the collection of the species Ramshaw Meadow ecosystem is subject control at several populations. The and the disturbance of the pools in State to alteration by lowering of the water magnitude of threats to this species is NARs. However, enforcement of these table due to downcutting of the South moderate to low due to the number of prohibitions is difficult and the negative Fork of the Kern River (SFKR). The populations (18) across multiple effects from the introduction of fish are SFKR flows through Ramshaw Meadow, counties in two states and the insidious extensive and happen quickly. There are at times coming within 15 meters (50 nature of the threats. However, since a no conservation efforts underway to feet) of A. alpina habitat, particularly in number of the populations are currently alleviate the potential for any of these the vicinity of five subpopulations. The being impacted by nonnative plants, we threats in the one pool on the island of habitat occupied by A. alpina directly now consider the threats to be Hawaii. Therefore, threats to this borders the meadow system supported imminent. Thus, we changed the listing species remain at high magnitude. by the SFKR. Drying out of the meadow priority number from an 11 to an 8 for However, we no longer consider the system could affect A. alpina pollinators this species. threats to be imminent because, during and/or seed dispersal agents. Astralagus toritpes (Sleeping Ute a 2004 survey, no fish were observed in Established hiker, packstock, and cattle milkvetch)—The following information the pools where these shrimp occur on trails pass through A. alpina is based on information contained in Maui or the island of Hawaii. In subpopulations. Two main hiker trails our files. Sleeping Ute milkvetch is a addition, there were no signs of pass through Ramshaw Meadow, but perennial plant that grows only on the dumping or fill on a site visit to the were rerouted out of A. alpina Smokey Hills layer of the Mancos Shale location on the island of Hawaii in early subpopulations where feasible, in 1988 Formation on the Ute Mountain Ute 2005. Therefore, we changed the listing and 1997. Remnants of cattle trails that Indian Reservation in Montezuma priority number of this species from a 2 pass through subpopulations in several County, Colorado. In 2000, 3,744 plants to a 5. places receive occasional incidental use were recorded at 24 locations covering by horses and sometimes hikers. In 500 acres within an overall range of Flowering plants 2001, the U.S. Forest Service 64,000 acres. Available information Abronia alpina (Ramshaw Meadows discontinued grazing on the Templeton from 2000 indicates that the species sand-verbena)—Abronia alpina is a allotment, which includes Ramshaw remains stable. Threats from borrow pit small perennial herb, 2.5 to 15.2 Meadow, for a period of 10 years. excavation, off-highway vehicles, centimeters (1 to 6 inches) across Consequently, livestock grazing does irrigation canal construction, and a forming compact mats with lavender- not currently occur in the two meadow prairie dog colony have had minor pink, trumpet-shaped, and generally areas where the species is found. impacts that reduced the range and

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53765

number of plants by small amounts in the U.S. Forest Service. The success of that time, but the population seemed the past and are potential future threats. treating smooth brome that was present stable throughout the 1990s. The threats Off-highway vehicle use of the habitat is in 13.6 percent of the range of C. christii to this species are from catastrophic reportedly increasing but we do not in 2005 will not be known immediately, wildfire in the canyon and on-going have direct evidence of this. Oil and gas although there is a commitment in a drought conditions. We do not know if development is active in the general recently signed Conservation Agreement this species has any adaptations to fire. area, but we have received no by the U.S. Forest Service and U.S. Fish Due to its location on cliffs, we suspect information from the tribe to indicate and Wildlife Service to continue these that fires that may have occurred at whether there is development within efforts until they are successful or for more regular intervals and burned at the habitat for the plants on their land. the next 10 years. The magnitude of the low intensities may have had little to no Because the threats are nonimminent, threats with these conservation effect on this species. It is due only to we changed the listing priority number measures appears low at this time. lack of fire and the accumulated fuel for Sleeping Ute milkvetch from 8 to 11. However, the smooth brome continues load that the fire intensity and Bidens campylotheca ssp. waihoiensis to threaten the habitat for C. christii associated heat may be high enough to (Kookoolau)—The following despite control efforts. Plant monitoring damage or kill plants on adjacent cliffs, information is based on information transects still contained significant especially near the ground. On the other contained in our files. Kookoolau is an densities of smooth brome following the hand, the plants that are much higher erect, perennial found in wet Acacia- eradication efforts in 2005. This threat on the cliff face would probably not be Metrosideros (koa-ohia) forest on Maui, from smooth brome is imminent affected. Ft. Huachuca has indicated a Hawaii. Bidens campylotheca ssp. because this threat still persists in levels willingness to develop a conservation waihoiensis is known from one that affect the native plant community agreement for this species. We now population of 200 individuals. It is that provides habitat for C. christii. consider the magnitude of threats to be threatened by cattle, which eat this Thus, we changed the listing priority moderate rather than high because we plant, and degrade and destroy habitat. number from an 11 to an 8 for this believe that not all of the population The area in which all individuals of this species since the threats are imminent. would be adversely affected by a subspecies are currently found is fenced Chamaesyce deltoidea pinetorum wildfire or drought. The threats are still and cattle have been removed. The (Pineland sandmat)—The following imminent because the likelihood of a threats remain of high magnitude, but summary is based on information fire is high. Therefore, we changed the predation, and habitat degradation and contained in our files. No new listing priority number from a 5 to an 8 destruction by feral cattle are no longer information was provided in the due to moderate, imminent threats. imminent because they are not currently petition received on May 11, 2004. The Geranium hanaense (Nohoanu)—This occurring. Therefore, we have changed largest population of the pineland species is a decumbent shrub found in the listing priority number for this sandmat, estimated at approximately bogs on Maui, Hawaii. This species is species from 3 to 6. 10,000 plants, is located on Long Pine known from one population with 300 to Castilleja christii (Christ’s Key within Everglades National Park. 500 individuals. Geranium hanaense is paintbrush)—The following information All other populations of the pineland threatened by pigs that degrade and is based on information contained in sandmat are smaller and occur on destroy habitat, and by nonnative plants our files. This species of paintbrush is isolated pine rockland fragments in that outcompete and displace it. found in one population on the summit heavily urbanized Miami-Dade County. of Mount Harrison in Cassia County, Those populations on private lands are However, feral pigs have been fenced Idaho. This endemic species is at risk from development and habitat out of and removed from both bogs in considered a hemiparasite and it grows degradation. Populations on most public which this species currently occurs, and in association with subalpine meadow and private lands in urban Miami-Dade a control program has reduced and sagebrush habitats. The population County are inherently vulnerable to nonnative plants in all fenced areas. found on 85 ha (220 ac) may be large in invasion by exotic plants, fire This changes the immediacy of the number (greater than 10,000 individual suppression or inadequate prescribed threats form imminent to nonimminent. plants), but, current population fire, and limited management. Overall, Therefore, we have changed the listing estimates are not available. Monitoring the magnitude of threats to this species priority number for this species from 2 indicates that reproductive stems per is moderate since by applying regular to 5. plant and plant density have decreased prescribed fire, the National Park Geranium kauaiense (Nohoanu)— significantly since 1995. Although these Service has kept Long Pine Key’s Nohoanu is a decumbent subshrub trends were upward between 2004 and pineland vegetation intact and relatively found in bogs and bog margins on 2005, it is not known if that trend will free of exotic pest plants. In addition, Kauai, Hawaii. This species is known continue. The habitat on Mount after a thorough review of the status and from three populations totaling 100 to Harrison is bisected by several roads, threats to the pineland sandmat, we 200 individuals in the Alakai Swamp has been until recently utilized by determined that the threats are non- area. Geranium kauaiense is threatened unauthorized livestock, and is subject to imminent. Therefore, we changed the by pigs that directly prey upon it, a high degree of recreational use. listing priority number from a 9 to a 12 degrade and destroy habitat, and by However, these threats occur seasonally for this subspecies. nonnative plants that outcompete and during the growing season, in late- Erigeron lemmonii (Lemmon displace it. Feral pigs have been fenced spring and summer periods, and they fleabane)—The following summary is out of the three bogs where G. kauaiense are currently being controlled by the based on information contained in our currently occurs, and nonnative plants U.S. Forest Service with fencing, rock files and the petition received in July of have been greatly reduced in all three barriers, and interpretative signs. The 1975. The species is known from one fenced bogs, and are not found in the largest threat to the species is from site in a canyon in the Fort Huachuca immediate vicinity of any G. kauaiense nonnative invasive plants, the majority Military Reservation of southeastern individuals. Because these threats are of of which are smooth brome (Bromus Arizona. As of 1991, approximately 400 high magnitude but no longer are inermis). The smooth brome infestation plants were known from this site. No imminent, we have changed the listing was treated in 2003, 2004, and 2005 by formal surveys have been done since priority number from 2 to 5.

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53766 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

Pediocactus peeblesianus var. as historic livestock grazing and species and considered factors that, fickeiseniae (Fickeisen plains cactus) ‘‘ activities associated with the use of individually and in combination, The Fickeisen plains cactus is a small authorized and unauthorized roads. presently or potentially could pose a cactus known from the Gray Mountain Conservation measures implemented risk to these species and their habitat. vicinity to the Arizona strip in Coconino recently by the Bureau of Land After a review of the best available and Mohave Counties, Arizona. The Management include the installation of scientific and commercial data, we cactus grows on exposed layers of fencing to exclude livestock wild conclude that listing these 10 species Kaibab limestone on canyon margins horses, burros and other large mammals; under the Endangered Species Act is not and well-drained hills in Navajoan closing of access roads to spring, warranted because the species are not desert or grassland. In 1999, the Arizona riparian, and wetland areas and the likely to become endangered species Game and Fish Department noted 23 limiting of vehicles to designated routes; within the foreseeable future throughout occurrences for the species, including the establishment of a designated all or a significant portion of their range. historical ones. The species is located campground away from the habitats of Therefore, we find that proposing a rule on BLM, Forest Service, tribal, and sensitive species; the installation of to list these species is not warranted, possibly State lands. Recent reports educational signage and, an increased and we no longer consider them to be from the BLM and Navajo Nation staff presence, including law candidate species for listing. We will describe populations of the species as enforcement and a volunteer site continue to monitor the status of these being in decline. The main human- steward during the six-month period of species, and to accept additional induced threats to this cactus are off- peak visitor use. These conservation information and comments concerning road vehicles and trampling associated measures have reduced the magnitude this finding. We will reconsider this with livestock grazing. Monitoring data of threat to the species from high to determination in the event that new has detected mortality associated with moderate; all remaining threats are information indicates that the threats to livestock grazing. Illegal collection of nonimminent and involve long-term these species are of a considerably this species has been noted in the past, changes to the habitat for the species greater magnitude or imminence than but we do not know if it is a continuing resulting from past impacts. In identified through assessments of threat. The populations that have been consideration of these conservation information in our files, as summarized monitored have been affected, in part, measures, we lowered the listing here. The summary below also notes by the continuing drought. There has priority number from 5 to 11. four other species for which we been very low recruitment and rabbits published separate findings removing and rodents have consumed adult plants Other Taxonomic Changes in them from candidate status since the since there is reduced forage available Candidates most recent CNOR. during these dry conditions. In our prior Flowering Plants Birds assessments, we concluded that threats were not imminent. However, using a Physaria tuplashensis, (White Bluffs Many-colored fruit-dove (Ptilinopus consistent interpretation of imminence bladder-pod)—The following summary perousii perousii)—The following related to whether threats are on-going, is based on information from our files. summary is based on information we are correcting our ranking to reflect No new information was provided in contained in our files. P. p. perousii, is that the threats are imminent. As a the petition received on May 11, 2004. found in American Samoa on the four result, we changed the LPN for this This species is in the Cruciferae main islands of Tutuila, Olosega, Ofu, plant variety from a 6 to a 3. (Mustard family). Historically and and Tau, and in Independent Samoa. It Potentilla basaltica (Soldier Meadow currently, White Bluffs bladder-pod has is primarily associated with mature cinquefoil or basalt cinquefoil)—Soldier only been known from a single rainforest habitat. The many-colored Meadow cinquefoil is a low growing, population that occurs along the White fruit-dove is highly mobile and may rhizomatous, herbaceous perennial that Bluffs of the Columbia River in travel large distances, presumably in is associated with alkali meadows, County, Washington. Physaria search of fruiting banyans ( prolixa seeps, and occasionally marsh habitats tuplashensis was originally described as and F. obliqua). The American Samoa bordering perennial thermal springs, Lesquerella tuplashensis in 1996, which population of P. p. perousii is the only outflows, and meadow depressions. In is the name we have used for it in prior population of this subspecies under U.S. Humboldt County, Nevada, the species CNORs. In 2002, there was a suggestion jurisdiction. The primary threats we is known only from Soldier Meadow, that the Lesquerella and Physaria genera recognized in the past are its small which is located at the northern extreme should be united as Physaria, and that population size, stochastic natural of the western arm of the Black Rock L. tuplashensis should be reduced to P. disturbances such as hurricanes, the Desert in the transition zone between douglasii subspecies tuplashensis. A accidental introduction of new the Basin and Range Physiographic recent study (2005) recommended pathogens or parasites, and possibly Province and the Columbia Plateau accepting the new genus name of predation by introduced mammalian Province. In northeastern California, the Physaria and, supported by predators. We previously assigned a species is known from Ash Valley near metamorphic work, proposed retaining listing priority number of 12 to this Ash Creek in Lassen County. In Nevada, full species status for the taxon, and a taxon, reflecting threats that we Soldier Meadow cinquefoil has been new nomenclature: Physaria determined were of low magnitude and documented from 10 discrete tuplashensis. We recognize this new not imminent. Five years of monitoring occurrences within an area of about 70 nomenclature in this notice. There are documented an increase in the relative acres that supports about 130,000 no changes in the magnitude or abundance of the subspecies prior to individuals. The California population imminence of threats to the taxon, so we Hurricane Heta in January of 2004 and occupies less than an acre on private continue to assign a listing priority Hurricane Olaf in February 2005. The lands and supports fewer than 1,000 number of 5 to this species. upward trend has been stalled by these plants. severe storms, but continued monitoring The species and its habitat are Candidate Removals should indicate whether (as we expect) threatened by increasing recreational As summarized below, we have effects of the 2004 and 2005 hurricanes use in the areas where it occurs as well evaluated the threats to the following 10 have caused a temporary, but natural,

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53767

interruption in the trend of increase, or increased protection, and no foreseeable distinct population segment since this whether hurricane effects have reversed threats from reservoir construction, we animal is not a vertebrate. this trend. Avian malaria, once thought find that listing Cagle’s map turtle is not Anchialine pool shrimp (Calliasmata to possibly pose a threat to this warranted. pholidota) ‘‘ This species has a disjunct, subspecies, likely is not pathogenic in Indo-Pacific distribution. It has been Amphibians Samoa. The stable distribution of the reported from the Red Sea-Sinai subspecies and recent documented Boreal toad (Southern Rocky Peninsula, Funafuti Atoll (Ellice increase in relative abundance in Mountains DPS) (Bufo boreas boreas)— Islands), and the Hawaiian Islands of American Samoa suggest that the threats see separate revised 12-month petition Maui and Hawaii. On the island of summarized above currently are not finding published in the Federal Hawaii, C. pholidota occurs in one pool having a detrimental effect on the Register on September 29, 2005 (70 FR at Ka Lae (South Point) at Lua o subspecies’ overall population, and it is 56880). Palahemo and in one pool group in the unlikely to become endangered within Insects Manuka Natural Area Reserve (NAR). the foreseeable future. Therefore, listing On Maui, C. pholidota is found in four is not warranted. Lesser Adams Cave beetle pool groups in the Ahihi-Kinau NAR. At Gunnison sage-grouse (Centrocercus (Pseudanophthalmus cataryctos Lua o Palahemo, C. pholidota co-occurs minimus)—See separate revised 12- Krekeler) and Greater Adams Cave with two other candidate species of month petition finding published in the beetle (P. pholeter Krekeler)—see anchialine pool shrimp, Procaris Federal Register on April 18, 2006 (71 Federal Register notice published on hawaiana and Vetericaris chaceorum, FR 19953). December 8, 2005 (70 FR 72973). and with Antecaridina lauensis (see Po’olanui gall fly (Phaeogramma above). Like other anchialine pool Reptiles sp.)—Because there is no published shrimp species, it is believed that this Cagle’s map turtle (Graptemys name or description for this fly, this species inhabits an extensive network of caglei)—The following information is taxa is not considered valid and does water-filled interstitial spaces (cracks based on information contained in our not meet the Act’s definition of a and crevices) leading to and from the files, including information from the species and is not eligible for listing. actual pool, and this trait has precluded petition received April 26, 1991. Cagle’s Therefore, we find that listing is not researchers from obtaining more map turtle occurs in scattered sites in warranted. accurate population size estimates seven counties in Texas on the Crustaceans during surveys for the species. Guadalupe, San Marcos, and Blanco Worldwide species status information, Rivers. We previously identified loss Anchialine pool shrimp (Antecaridina including population numbers and and degradation of riverine habitat from lauensis)—This species has a disjunct, threats to the species outside the U.S. is large and small impoundments (dams or Indo-Pacific distribution. It has been unknown. We find that listing is not reservoirs) as the primary threat to the reported from the Fiji Islands, warranted because there is insufficient Cagle’s map turtle. One effect of Mozambique Channel (Madagascar), the information on the species status impoundment is the loss of riffle and Red Sea-Dahlak, Ryukyu and Daito throughout its range to determine riffle/pool transition areas used by Islands (Japan), the Solomon Islands whether this species warrants protection males for foraging. Depending on its and the Hawaiian Islands. In Hawaii, A. under the Act. We are unable to size, a dam itself may be a partial or lauensis is known from two pool groups consider listing the Hawaii population complete barrier to Cagle’s map turtle on Maui (Ahihi-Kinau State Natural as a distinct population segment since movement and could fragment Area Reserve) and two pools on the this animal is not a vertebrate. populations. In the past, construction of southern end of the island of Hawaii smaller impoundments and human (Lua o Palahemo, and one on private Flowering Plants activities on the rivers known to be land). Like other anchialine pool shrimp Aliciella cespitosa (= Gilia caespitosa) occupied by the Cagle’s map turtle have species, it is believed that this species (wonderland alice-flower or Rabbit likely eliminated or reduced foraging inhabits an extensive network of water- Valley gilia)—The wonderland alice- and basking habitats. Currently, there filled interstitial spaces (cracks and flower (also known as Rabbit Valley are no firm plans for reservoirs in the crevices) leading to and from the actual gilia) is a plant within the Phlox family Guadalupe-San Antonio River System. pool, and this trait has precluded found in Wayne County, Utah. The Cagle’s map turtle is also vulnerable to researchers from obtaining population species is primarily associated with overcollecting and target shooting but size estimates during surveys for the sand-filled pockets and crevices of actions taken by Texas Parks and species. In Lua o Palahemo on the Navajo Sandstone on slopes having Wildlife Department (TPWD) have island of Hawaii, A. lauensis co-occurs mechanical weathering or erosion of increased protection of the species with two other candidate species of rock in pinyon-juniper/mountain against collecting and shooting. Cagle’s anchialine pool shrimp, Procaris mahogany vegetation communities map turtle was listed as threatened by hawaiana and Vetericaris chaceorum, between 5,200 and 9,000 feet in TPWD, effective November 16, 2000, and with Calliasmata pholidota (see elevation. and TPWD regulations prohibit the below). This species occurs in more sites and taking, possession, transportation, or Although we have information on the is much more abundant than was sale of any of the animal species threats to the population in Hawaii, initially thought. In 1996 we knew of 6 designated by state law as endangered population numbers and threats to the population areas with an estimated total or threatened without the issuance of a species where it occurs elsewhere in the of 5,000 plants. However, increased permit. Estimates of population world are unknown. We find that listing surveys from 2000 to 2003 identified 50 numbers of the species in the is not warranted because there is known sites at the 6 population areas, Guadalupe and San Marcos Rivers in insufficient information on the species’ with an estimated 25,350 individual 1991 and 2001 indicates an overall status throughout its range to determine plants. For the past several years our population increase, although estimated whether it warrants protection under assessments of this species concluded populations at some sites declined. the Act. We are unable to consider that threats were moderate to low and Because of stable population size, listing the Hawaii population as a were nonimminent, and we assigned it

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53768 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

a listing priority number of 11. We meadow openings and open spruce-fir multiple stems emerging annually from identified potential collection of plants stands. A recent survey conducted in a woody root crown. It most commonly and seeds as a significant threat. 2004 and 2005 counted 74,100 appears following fires, apparently However, we have no evidence that individuals, a much higher number than having evolved to rapidly take collection is occurring, or if it is earlier estimates. Factors affecting the advantage of unvegetated openings in occurring that it is impacting the overall species include off-road vehicle use; forest or chaparral. Most historic status of the species. We also have no wildlife and livestock grazing; predation collections, and all currently known information to suggest that collection in by pocket gophers, aphids, crickets and populations, are known from open areas the future is likely to put populations at grasshoppers; and low precipitation. along roads, trails, firebreaks, small risk at any of the sites currently known However, we do not have any evidence landslides, or in recently burned areas. to be occupied. Other threats we that these factors are a significant threat All known populations are on USDA identified included impacts associated to population levels. Therefore, we find Forest Service lands. Parish’s with recreational trails, off-road vehicle that listing the species is not warranted. checkerbloom has been collected from use, livestock trampling, and low Paronychia congesta (Bushy whitlow- San Bernardino, Santa Barbara, and San natural recruitment. Although some of wort)—Bushy whitlow-wort is endemic Luis Obispo Counties, California. Its these threats are ongoing, they are to Jim Hogg County, Texas, known from distribution in San Bernardino County localized, and appear to have little only two populations that occur within appears to be particularly restricted, impact. The majority of sites are not the drainage of two tributaries of the although the vagueness of historical easily accessible, and the factors that Arroyo Grande. Historically, this species location information and the plant’s currently or potential could impact was documented only from the type emergence primarily following fire individuals have not been shown to locality with 2,000 individual plants make it difficult to accurately assess its affect the species rangewide, nor do we counted. A second small population of distribution. The discovery of a new, expect that to become the case. In 100 individuals was found two miles albeit small, population found on the addition, a Conservation Agreement and north-northeast of the type locality in desert-facing slopes of the San Strategy, signed in 1996 and currently 1987. The two known populations occur Bernardino Mountains in 2000 suggests being updated, promotes continued on small areas that cover approximately that habitat not previously considered cooperation among the agencies and 5 and 15 acres. Little quantitative data suitable may in fact be so. helps to direct a variety of conservation have been collected for this species, Threats identified for this taxon fall actions, including: Inventory remaining therefore we do not know whether into two groups—those that negatively suitable habitats; identify research populations have expanded or affect individual or small groups of needs and conduct studies; refine contracted. The sparse information that plants (the ‘‘expressed’’ portions of what monitoring protocols; continue is available suggests the current range may be larger populations in monitoring; implement land and distribution of the species has not seedbanks), and those that have the management policies and regulations for changed from the historical description. potential to substantially alter a large protection of Navajo endemic plant The types of factors believed to area of surrounding habitat or damage species; and continue to pursue public potentially adversely affect this species any unexpressed seedbanks that may awareness opportunities. Based on our include destruction, modification, and occur in surrounding soils. Activities in updated assessment, we find that listing fragmentation of the habitat, as well as the former group include livestock this species is not warranted. eradication of individual plants. grazing on individual plants along roads Astragalus equisolensis (horseshoe However, conversion of rangeland to and grading of existing roads. Those in milkvetch)—Horseshoe milkvetch is a residential development is not the later group include altered fire plant in the pea family and is found on considered a significant threat since this regimes (e.g. aggressive fire suppression, the Duchesne River Formation in Uintah part of southern Texas is not undergoing prescribed burning in winter or spring), county, Utah and Mesa county, rapid residential or industrial post-fire livestock grazing, development Colorado. It is associated with mixed development. The extent of alteration of or expansion of roads and facilities (e.g. desert and salt desert shrub vegetation the whitlow-wort’s habitat via recreational, military communication communities that are generally conversion of native brush to nonnative facilities, or development of private dominated by sagebrush, shadscale and forage grasses is unknown since all of its inholdings), and invasion by nonnative horsebrush. Surveys in 1992 estimated habitat is privately owned and not species. The southern portion of this the population at 10,000 in Utah and accessible. Other potential threats taxon’s range, in San Bernardino there is no recent information indicating include displacement or destruction of County, is most vulnerable to these it has declined; the Colorado population individual plants by construction activities due to its more restricted is a recent discovery. The only potential activities associated with highways, distribution there, its closer proximity threat of substance is from future energy pipeline installation, oil and gas to human population centers, and the development, but that does not threaten exploration, well-pad construction and area’s greater recreational use. the species through most of its range. right-of-way maintenance. However, we Review of recent information Based on available information, do not have any information on the indicates the number of populations including the recent discovery of the likely implementation of these potential located is greater and the known range species in Colorado and an apparent activities and no ongoing imminent of the taxon is larger than we previously low level of potential threat, we do not threats have been identified for this understood. Also, our conclusion have sufficient information to justify a species. We have determined that listing regarding the magnitude and the determination that the species should be is not warranted because insufficient immediacy of the threats has shifted proposed for listing. Therefore, we find information exists on biological with the additional information we have that listing this species is not warranted. vulnerability and threats to support a about the species. We considered the Castilleja aquariensis (Aquarius proposal to list this species. magnitude of threats to individuals, as paintbrush)—The Aquarius paintbrush hickmanii parishii (Parish’s well as habitat with unexpressed is a plant in the figwort family found checkerbloom)—Parish’s checkerbloom seedbank, was greater when we only only on the Aquarius plateau of south is an herbaceous perennial plant in the knew of 3 small extant locations for the central Utah. Habitat characteristics are mallow family (), with species as compared to now, when we

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53769

are aware of 5 extant locations, regulation implementing the petitioned species’’ for which we have made a including 1 with a large population. We action is precluded by pending warranted-but-precluded 12-month also considered the immediacy of the proposals, and (b) expeditious progress finding, and to ‘‘make prompt use of the threats to be greater when we only knew is being made to add qualified species [emergency listing] authority [under of 3 small extant locations for the to the lists of endangered or threatened section 4(b)(7)] to prevent a significant species. For some human-caused species. (We refer to this as a risk to the well being of any such activities, such as road grading and ‘‘warranted-but-precluded finding.’’) species.’’ The CNOR plays a crucial role construction of fire breaks, we have had Section 4(b)(3)(C) of the Act requires in the monitoring system that we have the opportunity to observe that these that when we make a warranted-but- implemented for all candidate species activities most likely caused the precluded finding on a petition, we are by providing notice that we are actively expression of a portion of the seedbank, to treat such a petition as one that is seeking information regarding the status in a sense providing some of the same resubmitted on the date of such a of those species. We review all new habitat conditions that are provided by finding. Thus, we are required to information on candidate species as it wildfire (removal of litter, scarification publish new 12-month findings on these becomes available, prepare an annual of seed). This suggests that at least ‘‘resubmitted’’ petitions on an annual species assessment form that reflects certain human activities can be altered basis. monitoring results and other new (such as in timing of grading) so that On December 5, 1996, we made a final information, and identify any species they will not negatively impact the decision to redefine ‘‘candidate species’’ for which emergency listing may be species. Although there is great to mean those species for which the appropriate. If we determine that uncertainty regarding how and to what Service has on file sufficient emergency listing is appropriate for any extent future wildfires may release the information on biological vulnerability candidate, whether it was identified seedbank of this species, we do not and threat(s) to support issuance of a through our own initiative or through believe that the threat from lack of fires proposed rule to list, but for which the petition process, we will make or any human-caused activities are issuance of the proposed rule is prompt use of the emergency listing imminent (as compared to a known precluded (61 FR 64481, December 6, authority under section 4(b)(7). We have threat from a planned activity with a 1996). Therefore, the standard for been reviewing and will continue to definite timeline, such as a housing making a species a candidate through review, at least annually, the status of development) or substantial. Therefore, our own initiative is identical to the every candidate whether or not we have we find that listing is not warranted. standard for making a warranted-but- received a petition to list it. Thus, the precluded 12-month petition finding on CNOR and accompanying species Petition Findings a petition to list, and we add all assessment forms also constitute the The Act provides two mechanisms for petitioned species for which we have Service’s annual finding on the status of considering species for listing. One made a warranted-but-precluded 12- petitioned species pursuant to section method allows the Secretary, on his month finding to the candidate list. 4(b)(3)(C)(i). own initiative, to identify species for This publication also provides notice On June 20, 2001, the United States listing under the standards of section of substantial 90-day findings and the Court of Appeals for the Ninth Circuit 4(a)(1). We implement this through the warranted-but-precluded 12-month held that the 1999 CNOR (64 FR 57534, candidate program, discussed above. findings pursuant to section 4(b)(3) for October 25, 1999) did not demonstrate The second method for listing a species candidate species listed on Table 1 that that we fulfilled the second component provides a mechanism for the public to we identified on our own initiative, and of the warranted-but-precluded 12- petition us to add a species to the Lists. that subsequently have been the subject month petition findings for the Gila Under section 4(b)(3)(A), when we of a petition to list. Even though all chub and Chiracahua leopard frog receive such a petition, we must candidate species identified through our (Center for Biological Diversity v. determine within 90 days, to the own initiative already have received the Norton, 254 F.3d 833 (9th Cir. 2001)). maximum extent practicable, whether equivalent of substantial 90-day and The court found that the one-line the petition presents substantial warranted-but-precluded 12-month designation in the table of candidates in information that listing may be findings, we reviewed the status of the the 1999 CNOR, with no further warranted (a ‘‘90-day finding’’). If we newly petitioned candidate species and explanation, did not satisfy section make a positive 90-day finding, we must through this CNOR are publishing 4(b)(3)(B)(iii)’s requirement that the promptly commence a status review of specific section 4(b)(3) findings (i.e., Service publish a finding ‘‘together with the species under section 4(b)(3)(A); we substantial 90-day and warranted-but- a description and evaluation of the must then make and publish one of precluded 12-month findings) in reasons and data on which the finding three possible findings within 12 response to the petitions to list these is based.’’ The court suggested that this months of the receipt of the petition (a candidate species. We publish these one-line statement of candidate status ‘‘12-month finding’’): findings as part of the first CNOR also precluded meaningful judicial 1. The petitioned action is not following receipt of the petition. review. warranted; Pursuant to section 4(b)(3)(C)(i) of the On June 21, 2004, the United States 2. The petitioned action is warranted Act, once a petition is filed regarding a District Court for Oregon agreed that we (in which case we are required to candidate species, we must make a 12- can use the CNOR as a vehicle for promptly publish a proposed regulation month petition finding in compliance making petition findings and that our to implement the petitioned action; with section 4(b)(3)(B) of the Act at least reasoning for why listing is precluded once we publish a proposed rule for a once a year, until we publish a proposal does not need to be based on an species, section 4(b)(5) and 4(b)(6) to list the species or make a final not- assessment at a regional level (as govern further procedures regardless of warranted finding. We make this annual opposed to a national level) (Center for whether we issued the proposal in finding for petitioned candidate species Biological Diversity v. Norton Civ. No. response to a petition); or through the CNOR. 03–1111–AA (D. Or.)). However, this 3. The petitioned action is warranted Section 4(b)(3)(C)(iii) of the Act court found that our discussion on why but that (a) the immediate proposal of a requires us to ‘‘implement a system to listing the candidate species were regulation and final promulgation of monitor effectively the status of all precluded by other actions lacked

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53770 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

specificity; in the list of species that have accomplished does preclude action We have identified the candidate were the subject of listing actions that on listing candidate species. species for which we received petitions precluded us from proposing to list Pursuant to section 4(b)(3)(C)(ii) and by the code ‘‘C*’’ in the category candidate species, we did not state the the Administrative Procedure Act (5 column on the left side of Table 1. As specific action at issue for each species U.S.C. 206), any party with standing discussed above, the immediate in the list and we did not indicate may challenge the merits of any not- publication of proposed rules to list which actions were court-ordered. warranted or warranted-but-precluded these species was precluded by our On June 22, 2004, in a similar case, petition finding incorporated in this work on higher priority listing actions, the United States District Court for the CNOR. The analysis included herein, listed below, during the period from Eastern District of California also together with the administrative record May 2, 2005, through August 23, 2006. concluded that our determination of for the decision at issue (particularly the We will continue to monitor the status preclusion may appropriately be based supporting species assessment form), of all candidate species, including on a national analysis (Center for will provide an adequate basis for a petitioned species, as new information Biological Diversity v. Norton No. CV S– court to review the petition finding. becomes available. This review will 03–1758 GEB/DAD (E.D. Cal.)). This Nothing in this document or any of determine if a change in status is court also found that the Act’s our policies should be construed as in warranted, including the need to imperative that listing decisions be any way modifying the Act’s emergency-list a species under section based solely on science applies only to requirement that we make a resubmitted 4(b)(7) of the Act. the determination about whether listing 12-month petition finding for each In addition to identifying petitioned is warranted, not the question of when petitioned candidate within one year of candidate species in Table 1 below, we listing is precluded. the date of publication of this CNOR. If also present brief summaries of why On March 24, 2005, the United States we fail to make any such finding on a these particular candidates warrant District Court for the District of timely basis, whether through listing. More complete information, Columbia held that we may not consider publication of a new CNOR or some including references, is found in the critical habitat activities in justifying other form of notice, any party with species assessment forms. You may our inability to list candidate species, standing may seek judicial review. obtain a copy of these forms from the requiring that we justify both our In this CNOR, we are addressing the Regional Office having the lead for the preclusion findings and our concerns of the courts by adding more species, or from the Fish and Wildlife demonstration of expeditious progress specific information into our discussion Service’s Internet Web site: http:// by reference to listing proceedings for on preclusion (see below). In preparing endangered.fws.gov/. As described unlisted species (California Native Plant this CNOR, we reviewed the current above, under section 4 of the Act we Society v. Norton, Civ. No. 03–1540 (JR) status of and threats to the 245 may identify and propose species for (D.D.C.)). The court further found that candidates and 5 listed species for listing based on the factors identified in we must adequately itemize priority which we have received a petition and section 4(a)(1), and section 4 also listings, explain why certain species are for which we have found listing or provides a mechanism for the public to of high priority, and explain why reclassification from threatened to petition us to add a species to the lists actions on these high-priority species endangered to be warranted-but- of species determined to be threatened preclude listing species of lower precluded. We find that the immediate species or endangered species under the priority. The court approved our issuance of a proposed rule and timely Act. Below we describe the actions that reliance on national rather than regional promulgation of a final rule for each of continue to preclude the immediate priorities and workload in establishing these species has been, for the preceding proposal of a regulation and final preclusion and approved our basic months, and continues to be, precluded promulgation of a regulation explanation that listing candidate by higher priority listing actions. implementing the petitioned action, and species may be precluded by statutorily Additional information that is the basis we describe the expeditious progress we mandated deadlines, court-ordered for this finding is found in the species are making to add qualified species to actions, higher-priority listing activities, assessments and our administrative the lists of endangered or threatened and a limited budget. record for each species. species. We drafted the previous CNOR to This is the first 12-month petition address the concerns of these courts and finding for two species, the New Preclusion and Expeditious Progress continue to incorporate those changes England cottontail and the red knot, that Preclusion is a function of the listing that addressed the courts’ concerns in were petitioned prior to this CNOR but priority of a species in relation to the this CNOR. We include a description of for which we have not already resources that are available and the reasons why the listing of every published a separate warranted-but- competing demands for those resources. petitioned candidate species is both precluded 12-month finding. We (As described above in the Summary, warranted and precluded at this time. previously published a separate the listing priority of a species is We make our determinations of substantial 90-day petition finding for represented by the listing priority preclusion on a nationwide basis to the New England cottontail (69 FR number we assign to it.) Thus, in any ensure that the species most in need of 39395). given fiscal year (FY), multiple factors listing will be addressed first and also Our review included updating the dictate whether it will be possible to because we allocate our listing budget status of and threats to petitioned undertake work on a proposed listing on a nationwide basis (see below). candidate or listed species for which we regulation or whether promulgation of Regional priorities can also be discerned published findings, pursuant to section such a proposal is warranted but from Table 1, which includes the lead 4(b)(3)(B), in the previous CNOR. We precluded by higher priority listing region and the listing priority number have incorporated new information we actions. for each species. Our preclusion gathered since the prior finding and, as The resources available for listing determinations are further based upon a result of this review, we are making actions are determined through the our budget for listing activities for continued warranted-but-precluded 12- annual appropriations process, and we unlisted species and we explain the month findings on the petitions for cannot spend more than is appropriated priority system and why the work we these species. for the Listing Program without

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53771

violating the Anti-Deficiency Act (31 than those needed to address court- the schedules by which we must U.S.C. 1341 (a)(1)(A)). The number of mandated critical habitat for already complete those activities. The species listing actions that we can undertake in listed species) that is used in the involved in these court-mandated listing a given year also is influenced by the determination here of preclusion and activities are not always those that we complexity of those listing actions, i.e., expeditious progress. have identified as being most in need of more complex actions generally are Congress also recognized that the listing. A large majority of the more costly. For example, for FY 2005, availability of resources was the key appropriation available for new listings the costs (excluding publication costs) element in deciding whether we would of species (i.e. $5.6 million) was for conducting a 12-month finding, issue a listing proposal or make a consumed by such court-mandated without a proposed rule, ranged from ‘‘warranted but precluded’’ finding for a listing activities in FY 2005, and by approximately $11,000 for one species given species. The Conference Report ordering or sanctioning these actions the with a restricted range and involving a accompanying Public Law 97–304, courts essentially determined that these relatively uncomplicated analysis, to which established the current statutory were the highest priority actions to be $305,000 for another species that was deadlines and the warranted-but- undertaken with available funding. wide-ranging and involved a complex precluded finding, states (in a Copies of the court orders and analysis. discussion on 90-day petition findings settlement agreements referred to below In FY 1998 and for each fiscal year that by its own terms also covers 12- are available from the Service and are since then, Congress placed a statutory month findings) that the deadlines were part of the administrative record for cap on funds which may be expended ‘‘not intended to allow the Secretary to these resubmitted petition findings. for listing and critical habitat actions delay commencing the rulemaking On December 8, 2004, the President (i.e., the Listing Program), equal to the process for any reason other than that signed the 2005 Interior and Related amount expressly appropriated for that the existence of pending or imminent Agencies Appropriations Act (Pub. L. purpose in that fiscal year. This cap was proposals to list species subject to a 108–447), which, as a result of the designed to prevent funds appropriated greater degree of threat would make subcap and subsequent rescissions, in for other ESA functions, or for other allocation of resources to such a petition effect included $4,643,000 for listing Service programs, from being used for [i.e., for a lower-ranking species] activities not related to critical habitat listing or critical habitat actions (see unwise.’’ Therefore, in fiscal year 2005, designations for species that already are House Report 105–163, 105th Congress, the outer parameter within which listed. However, as discussed above, a 1st Session, July 1, 1997). ‘‘expeditious progress’’ must be relatively small portion of the critical Beginning in FY 2002, Congress also measured is that amount of progress that habitat subcap was used for listing put in place the critical habitat could be achieved by spending $5.6 actions resulting in a total of $5,604,178 ‘‘subcap,’’ which put an upper limit on million, which included $4.6 million being expended for listing actions. This the Listing Program funds that could be available in the Listing Program appropriation was fully allocated to spent on work related to critical habitat appropriation not within the critical fund the following categories of actions designations for already listed species. habitat subcap plus approximately $1.0 in the Listing Program: Essential Recognizing that designation of critical million from the critical habitat subcap litigation-related, and administrative- habitat for species already listed would that was not needed to comply with and program-management functions; consume most of the overall Listing court orders or court-approved compliance with court orders and court- Program appropriation, Congress put the settlement agreements for critical approved settlement agreements subcap in place to ensure that some habitat designations. The rest of the requiring that petition findings or listing funds would be available to make other critical habitat subcap funds were used determinations be completed by a listing determinations: ‘‘The critical to comply with court orders or court- specific date; section 4 listing actions habitat designation subcap will ensure approved settlement agreements for with absolute statutory deadlines; and a that some funding is available to designating critical habitat for few high-priority listing actions. While address other listing activities’’ (H.R. previously listed species, and thus were more funds were available in FY 2005 Rep. No. 103, 107th Cong., 1st Sess. not available for other listing activities. than in previous years to work on listing 2001 at 30, 2001 WL 695998). Because Our process is to make our actions that were not the subject of the Service has had to use virtually the determinations of preclusion on a court-orders or court-approved entire critical habitat subcap to address nationwide basis to ensure that the settlement agreements, based on the court-mandated designations of critical species most in need of listing will be available funds and their allocation for habitat, Congress and the Courts have in addressed first and also because we these purposes, only limited FY 2005 effect determined, through the listing allocate our listing budget on a funds were available for work on cap, the critical habitat subcap, and the nationwide basis. However, through proposed listing determinations for the amount of funds needed to address court orders and court-approved following candidate species included in court-mandated critical habitat settlements, federal district courts have Table 1 of this notice: Arctic grayling, designations, the amount available for mandated that we must complete Georgia pigtoe, interrupted rocksnail, other listing activities. It is this amount certain listing activities with respect to Astelia waialealae, Cyrtandra (i.e., the funds in the listing cap other specified species and have established kaulantha, and Phyllostegia hispida.

FY 2005 LISTING ALLOCATION

Available Allocated balance

FY05 Appropriation (including space reprogramming) ...... $5,604,178 $5,604,178 Space reprogramming (program’s portion of rent for building space) ...... 254,749 5,349,429 Regional & Washington Offices (staff salaries & benefits) ...... 1,344,660 4,004,769 Printing ...... 612,405 3,392,364 90-day findings ...... 613,224 2,779,140

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53772 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

FY 2005 LISTING ALLOCATION—Continued

Available Allocated balance

12-month findings ...... 1,342,159 1,436,981 Proposed Listing/CH ...... 579,370 857,611 Final Listing/CH ...... 550,116 307,495 Attorney Fees/Litigation Expenses ...... 307,400 95

Specific details regarding the resubmitted petitions). In a Region that listed species (Pub. L. 109–54, signed on individual actions taken using the FY faces a relatively limited workload in August 2, 2005). We have fully allocated 2005 funding, which precluded our the Listing Program with regard to the $5,131,000 to fund the following ability to undertake listing proposals for deadlines resulting from court orders or listing actions: Any emergency listings; any of the candidate species, except the settlement agreements, and a relatively essential litigation-related, species noted above, are provided below limited workload related to meeting administrative, and program (information on the cost of individual statutory deadlines, some of this management functions; compliance actions is part of our administrative ‘‘capability’’ funding may be available to with court orders or court-approved record). address high priority listing actions. settlement agreements requiring petition We note here that the category of However, in most Regions the limited findings or listing determinations; ‘‘high-priority listing actions’’ amount of capability funding for statutorily-required petition findings; mentioned above refers to actions for Regional offices included in an which no timeline has been established allocation is used for work associated other high-priority listing actions; and by a court order or settlement with supporting listing actions related work on proposed listing agreement, and that also are not subject to court orders or settlement determinations for some high-priority to an absolute statutory deadline. Our agreements, and for meeting statutory candidate species. In addition, by the ability to work on such listing actions is deadlines. This work includes providing end of FY 2005 we had realized some quite limited. Until FY 2006, our training and oversight of field personnel savings, largely in printing costs, as allocation of Listing Program funds has and reviewing their work and making compared to our estimated costs. included a limited amount of funding recommendations to the Regional Therefore, we were able to reallocate (100,000) to each Regional office to Director on listing actions. Where this is these remaining FY 2005 funds to help ensure that the office maintains minimal the case, there are no funds available for cover some of the printing costs core capacity (at least one staff person) high-priority listing actions. associated with listing actions in FY for listing actions (e.g., evaluating the The overall Listing Program situation 2006. As a result, The FY 2006 funds status of species to help ensure that a in FY 2006 is similar to that in FY 2005. needed for printing costs were reduced emergency listing action can be taken if For FY 2006, Congress appropriated and we are able to fund more work than necessary, and participating in work to $5,131,000 (after rescissions) to the otherwise would have been possible meet the statutory requirement to listing program for activities other than with only our FY 2006 listing budget. annually review and make findings on critical habitat designations for already

FY 2006 LISTING ALLOCATION

Available \ Allocated balance

FY06 Appropriation (including space reprogramming) ...... $5,130,594 $5,130,594 Space reprogramming (program’s portion of rent for building space) ...... 261,817 4,868,777 Regional & Washington Offices (staff salaries and benefits) ...... 1,610,150 3,258,627 Printing ...... 33,000 3,225,627 90-day findings ...... 508,796 2,716,831 12-month findings ...... 1,350,653 1,366,178 Proposed Listing/CH ...... 813,460 552,718 Final Listing/CH ...... 452,718 100,000 Attorney Fees/Litigation Expenses ...... 100,000 0

For FY 2006 we have eliminated small portion of the money not needed priority candidate species only if doing capability funding, and instead have to fund these critical habitat so does not jeopardize our ability to allocated to the regions an amount designations for work on statutorily- comply with court orders, court- necessary to support a regional office required petition findings. While we approved settlement agreements, or staff capable of supervising the have more funds in FY 2006 (than in FY unqualified statutory deadlines. Thus, workload of packages in the region. 2005) available for listing actions that as of the date of the publication of this With respect to funds appropriated for are not court-ordered or the subject of CNOR, we anticipate that we will have designation of critical habitat, the court-approved settlement agreements, only limited FY 2006 funds available to majority of these funds in the critical we must use the majority of these funds work on proposals to list any of the habitat subcap will be spent complying to work on or complete statutorily- candidate species included in Table 1. with designating critical habitat under required petition findings. During the Consequently we continue to find that court-order or court-approved current fiscal year, we will issue proposals to list all of the petitioned settlement agreements. We allocated a proposed listing rules for the highest candidate species included in Table 1

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53773

are warranted but precluded, except the experienced by several other Regions, on resubmitted petitions. As explained Arctic grayling, Georgia pigtoe, and consequently was able to use their below, in some instances, the work has interrupted rocksnail, Astelia limited Regional office capability been based on meeting deadlines waialealae, Cyrtandra kaulantha, and funding in FY 2005 to support the established by court order or by Phyllostegia hispida (which are being completion of this listing regulation. We settlement agreements. In other funded this year). We note also that all could not have utilized this capability instances, the work has been done in of the actions that demonstrate our funding to complete listing actions in order to meet statutory deadlines. All expeditious progress on listing that we other Regions without eliminating the 12-month findings are subject to an have completed to date or will complete ability of this Region to monitor the unqualified statutory deadline. With in FY 2006 (see below) contribute to the status of candidate species and address regard to 90-day findings, the decision preclusion of work on listing proposals any emergency situations that might in Biodiversity Legal Foundation v. for these candidate species. arise). Badgley, 309 F.3d 1166 (9th Cir. 2002), In addition to being precluded by lack • Koster’s springsnail, Roswell held that the Act requires that 90-day of available funds, work on proposed springsnail, Noel’s amphipod, and petition findings (i.e., the initial finding rules for candidates with lower priority Pecos assiminea (70 FR 46303; August as to whether a petition contains (i.e., those that have listing priority 9, 2005, LPN=2) (The work on the final substantial information, which the Act numbers of 4–12) is also precluded by listing package that included these four directs us to make within 90 days of the need to issue proposed rules for species was in response to a court- receipt of a petition, if practicable) must higher priority species facing high- approved settlement agreement as well be made no later than 12 months after magnitude, imminent threats (i.e., as having an absolute statutory receipt of the petition, regardless of listing priority numbers of 1–3). Table 1 deadline). whether it is practicable to do so. Thus, shows the listing priority number for • Salt Creek tiger beetle (70 FR 58335; all 90-day findings are arguably subject each candidate species. Finally, October 6, 2005; LPN=3) (The work on to an absolute statutory deadline. As a proposed rules for reclassification of this species was in response to a court- result of this ruling, which was contrary threatened species to endangered are order). to our previous interpretation of section lower priority, since the listing of the We note that the work on these 4(b)(3) of the Act, we have been working species already affords the protection of species, except the northern sea otter to issue petition findings on most of the the Act and implementing regulations. and Salt Creek tiger beetle, included outstanding petitions for those species As explained above, part of the basis funding for the designation of critical that we have not previously determined for making a warranted-but-precluded habitat. The critical habitat subcap to warrant candidate status. finding is that expeditious progress is pertains to critical habitat designations Some petition findings are being made to add and remove qualified for species already listed; we may use ‘‘complete’’ actions. This includes 12- species to the Lists. Our progress in FY listing funds for critical habitat month petition findings in which we 2005 includes work in the following designation work conducted in determine that listing was not warranted categories: (1) Preparation and conjunction with a listing action, as was and 90-day petition findings in which publication of final listing the case with these four species. This we determine that the petition did not determinations involving 6 species; (2) work was necessary to comply with the present substantial information. In these preparation of final listing Act’s deadline for designating critical cases, our listing work is complete. determinations (not completed in FY habitat: Concurrent with listing or In FY 2005, we funded work on and 2005) for 13 species; (3) preparation of within one year thereafter if concurrent published petition findings for the proposed listing actions (not yet designation is not determinable. following 10 species: Pygmy rabbit (not- completed so not yet published) for 8 (2) We funded work on final listing substantial 90-day finding) (70 FR species; and (4) listing petition findings determinations for the Gila chub and 12 29253; May 20, 2005), California spotted for 303 species (includes 10 completed, species of picture wing from owl (substantial 90-day finding) (70 FR 33 not completed, and 260 resubmitted Hawaii for which work was not 35607; June 21, 2005), boreal toad (not- findings). Specific information completed in FY 2005. The work on warranted 12-month finding) (70 FR regarding each of these categories for FY these species was also in response to 56880; September 29, 2005), headwater 2005 is provided below, followed by a court-approved settlement agreements. chub and Lower Basin description of our anticipated FY 2006 (3) We funded work on proposed population of the roundtail chub progress. listing determinations for the following (substantial 90-day finding) (70 FR FY 2005 (1) Final listing species for which work was not 39981; July 12, 2005), American eel determinations—We prepared and completed in FY 2005: Cowhead Lake (substantial 90-day finding) (70 FR published in the Federal Register final tui chub (reproposal), fluvial Arctic 38849; July 6, 2005), 3 springsnails listing determinations for six species, all grayling (distinct population segment of (Jackson Lake, Harney Lake, and of which had absolute statutory the Upper Missouri River) (LPN=3) (the Columbia) (substantial 90-day finding) deadlines imposed by section 4(b)(6). work on this species was also in (70 FR 20515; April 20, 2005), and These included final regulations listing response to a court-approved settlement Dalea tentaculoides (Gentry indigo the following species: agreement), Georgia pigtoe (LPN=2), bush) (not-warranted 12-month finding) • Southwest Alaska distinct interrupted rocksnail (LPN=2), Astelia (70 FR 56426; September 27, 2005). All population segment of the northern sea waialealae (LPN=2), Cyrtandra 12-month findings have absolute otter (70 FR 46365; August 9, 2005; kaulantha (LPN=2), Penstemon statutory deadlines. Because of Badgley, LPN=3) (This final listing was not the grahamii (Graham’s beardtongue) all 90-day findings arguably also have result of a deadline established by a (LPN=2) (the work on this species was absolute statutory deadlines. In court order or a court-approved also in response to a court-approved addition, the work on all these species, settlement agreement. Rather, this was settlement agreement), and Phyllostegia with the following exception, was in the highest priority listing action for the hispida (LPN=2). response to court orders or court- Alaska Region. The Alaska Region (4) We funded work on 300 petition approved settlement agreements. The generally has not faced the relatively findings. This involved 90-day findings, American eel was the highest priority heavy Listing Program workload initial 12-month findings, and findings listing action for the Northeast Region.

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53774 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

The Northeast Region generally has not columbiensis—90-day finding), picture-wing flies, and Graham’s faced the relatively heavy Listing Castanea ozarkensis (Ozark chinquapin) beardtongue were proposed for listing, a Program workload experienced by (90-day finding), Gilia (=Alicellia) final listing determination is subject to several other Regions, and consequently tenuis (Mussentuchit gilia)+ (90-day an absolute statutory deadline. was able to use their limited Regional finding), Sidalcea hendersonii (2) We funded listing determinations office capability funding in FY 2005 to (Henderson’s checkermallow) (90-day for flat-tailed horned lizard (remand of support the completion of this petition finding), Usnea longissima (90-day our withdrawal of a proposed rule to finding. We could not have utilized this finding). list) (we published a withdrawal of the capability funding to complete listing In addition, we completed some proposed rule on June 28, 2006; 71 FR actions in other Regions without initial and some resubmitted petition 36745)(we also had published notices to eliminating the ability of this Region to findings required by statute for a total of reopen the comment period on our monitor the status of candidate species 260 petitioned species that are reinstated proposed rule on March 2 and address any emergency situations candidates. We published these findings and again on April 21, 2006; 71 FR that might arise. on May 11, 2005, as part of the previous 10631 and 71 FR 20637), fluvial Arctic The allocated funds also supported Candidate Notice of Review (CNOR) (70 grayling (distinct population segment of work on petition findings that were not FR 24870). Since we had identified the the Upper Missouri River) (LPN=3) (the completed in FY 2005 for the following majority of these species as candidates work on this species was also in 34 species (we worked on these petition prior to receiving a petition to list them, response to a court-approved settlement agreement), Cowhead Lake tui chub findings pursuant to a court order, a we had already assessed their status using funds from our Candidate (reproposal), and Penstemon grahamii court-approved settlement agreement, or Conservation Program (a separate (Graham’s beardtongue) (71 FR 3157; to meet statutory deadlines; those budget item within the Endangered January 19, 2006). We also funded work marked with a ‘‘+’’ we worked on Species Program). on proposed listing proposals for the pursuant to a court order/court- Our anticipated progress in FY 2006 following 5 high-priority candidate approved settlement agreement, the includes work in the following species for which work was not others (unmarked) we worked on to categories: (1) Work toward preparation completed in FY 2006 prior to the meet statutory deadlines): Yellowstone and publication of final listing actions publication of this CNOR: Rough population of buffalo (90-day finding), for 15 species; (2) work toward hornsnail (LPN=2), black mudalia New England cottontail (warranted but preparation and publication of proposed (LPN=2), Georgia pigtoe (LPN=2), precluded 12-month finding—published listing actions for 6 species; and (3) interrupted rocksnail (LPN=2), Astelia as part of this CNOR), Douglas County work on petition findings for 72 species + waialealae (LPN=2), Cyrtandra subspecies of northern pocket gopher that are not candidate species (we made kaulantha (LPN=2), and Phyllostegia (90-day finding), Anacapa deer mouse or are making these petition findings + hispida (LPN=2). (90-day finding), American dipper (90- pursuant to a court order, a court- (3) We funded work on and published + day finding), long-tailed duck (90-day approved settlement agreement, or to petition findings for the following finding), red knot (90-day finding), meet statutory deadlines), initial species (listing actions for species + yellow-billed loon (90-day finding), petition findings for 2 species that are marked with a ‘‘+’’ are per court order/ southeastern snowy plover and also included in this notice as candidate court-approved settlement agreement in wintering population of piping plover species, resubmitted petition findings addition to having a statutory deadline): (90-day finding), cerulean warbler (12- for 245 candidate and 5 listed species Gunnison’s prairie dog+ (not-substantial month finding), Mexican garter snake+ that were petitioned prior to the last 90-day finding) (71 FR 6241; February 7, (90-day finding), northern water snake CNOR, and revised 12-month petition 2006); Douglas County subspecies of the (90-day finding), Berry Cave salamander findings for 10 candidate species that northern pocket gopher+ (not- (90-day finding), American eel (12- are we removing from candidate status substantial 90-day finding (71 FR 7715; month finding), kokanee (90-day through this notice. Specific February 14, 2006); polar bear finding), longnose sucker (90-day information regarding each of these (substantial 90-day finding) (71 FR finding), California golden trout (12- categories for FY 2006 is provided 6745; January 9, 2006); Black Hills, month finding), Yellowstone cutthroat below. We note also that Regions will South Dakota, population of the trout+ (12-month finding) (we published continue to monitor the status of American dipper+ (not-substantial 90- the opening of a comment period for a candidates and prepare emergency day finding) (71 FR 4341; January 26, 12-month finding for this species on listing packages as needed. 2006); Florida scrub-jay+ (not- September 1, 2005; 70 FR 52059), Black FY 2006 (1) We funded work on the substantial 90-day petition findings on 2 Hills (’s Rocky) mountainsnail+ final listing determinations for the petitions to reclassify as endangered) (90-day finding), Uinta mountainsnail+ following species: Queen Charlotte (71 FR 4092; January 25, 2006); (90-day finding), Cicurina cueva+ (12- goshawk (remand of our previous listing Gunnison sage-grouse+ (not-warranted month finding) (we published two determination), Gila chub (70 FR 66663; 12-month finding) (71 FR 19953; April notices to reopen the comment period November 2, 2005, LPN=2), 12 species 18, 2006); California spotted owl+ (not (on May 23, 2005, and August 16, 2005) of picture-wing flies from Hawaii (71 FR warranted 12-month finding) (71 FR (70 FR 29471 and 70 FR 48093) in order 26835; May 9, 2006) (prior to publishing 298896; May 24, 2006) (we also to provide the public an opportunity to the final rule, we published a notice to published a notice to reopen the consider and comment on new reopen the comment period on the comment period on the 90-day petition information we received after proposed listing rule; 70 FR 57851; on October 14, 2005; 70 FR 60051); publishing the 90-day finding for this October 4, 2005), and Penstemon northern Mexican gartersnake+ species), 4 subspecies of grahamii (Graham’s beardtongue) (work (substantial 90-day finding) (71 FR 315; Pseudocopacodes enus (12-month not yet completed). These final listing January 4, 2006); Siskiyou Mountains finding), Andrew’s dune scarab beetle determinations were in response to and Scotts Bar salamanders+ (not- (90-day finding), 3 invertebrates court orders or court-approved substantial 90-day finding) (71 FR (Stygobromus kenki, Stygobromus settlement agreements. Additionally, 23886; April 25, 2006); Distinct phreaticus, and Acanthocyclops since the Gila chub, 12 species of Population Segment of the roundtail

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53775

chub in the Lower Colorado River Basin nosed snake (90-day finding), Florida CNOR and resubmitted petition findings and the Headwater chub+ (not- population of gopher tortoise (90-day is shared between the Listing Program warranted and warranted 12-month finding), Berry Cave salamander (12- and the Candidate Conservation findings) (71 FR 26007; May 3, 2006), month finding), Jollyville plateau Program. Yellowstone cutthroat trout+ (not- salamander (90-day finding), American As with our ‘‘precluded’’ finding, warranted 12-month finding) (71 FR eel (12-month finding), San Felipe ‘‘expeditious progress’’ is a function of 8818; February 21, 2006); Black Hills gambusia (90-day finding), longnose the resources that are available and the (Cooper’s Rocky) mountainsnail+ (not- sucker (12-month finding), 3 competing demands for those funds. As substantial 90-day finding) (71 FR 9988; springsnails (Jackson Lake, Harney discussed above, the funds in the February 28, 2006), Uinta Lake, and Columbia) (12-month Listing Program that would be otherwise mountainsnail+ (not-substantial 90-day finding), 3 invertebrates (Stygobromus available for adding other qualified finding) (70 FR 69303; November 15, kenki, Stygobromus phreaticus, and species to the Lists in FY 2005 and FY 2005); Greater Adams cave beetle and Acanthocyclops columbiensis) (12- 2006 have been spent or must be spent Lesser Adams cave beetle (not- month finding), island marble butterfly+ on complying with court orders and warranted 12-month finding) (70 FR (12-month finding), Mt. Charleston blue court-approved settlement agreements 72973; December 8, 2005); Casey’s June butterfly (90-day finding), Astragalus to make petition findings, court orders beetle (substantial 90-day finding) (71 anserinus (Goose Creek milkvetch) (90- and court-approved settlement FR 44960; August 8, 2006); Andrews’ day finding), Astragalus debequaeus agreements to make final listing Dune scarab beetle (not-substantial 90- (DeBeque milkvetch) (90-day finding), determinations for other species, meeting statutory deadlines for petition day finding) (71 FR 26444 May 5, 2006); Castanea ozarkensis (Ozark chinquapin) findings or listing determinations, a few island marble butterfly+ (substantial 90- (90-day finding), Sclerocactus high-priority Service-initiated listing day finding) (71 FR 7497; February 13, brevispinus (Pariette cactus) (90-day determinations, essential litigation 2006); Hermes copper butterfly (not- finding). We funded work on statutorily- support, and administrative and substantial 90-day finding) (71 FR required initial 12-month petition management tasks. We note that we are 44966; August 8, 2006); Sand Mountain findings for the New England cottontail not discussing specific actions we have blue butterfly (substantial 90-day (substantial 90-day finding was taken on progress towards removing finding) (FR 71 44988; August 8, 2006); published on June 30, 2004) and red species from the lists of threatened or Thorne’s hairstreak butterfly (not- knot (we also made the statutorily- endangered species in this notice since substantial 90-day finding) (71 FR required 90-day finding through this + that work is conducted with 44980; August 8, 2006); Cicurina cueva CNOR), which are being published as appropriations to our Recovery program, (not-warranted 12-month finding) (70 part of this CNOR (warranted but a separately-budgeted component of the FR 75071; December 19, 2005); 16 insect precluded findings). We also funded Endangered Species Program. However, species from Algondones Dunes (not- work on resubmitted petitions findings we do note that in FY 2005 we delisted substantial 90-day finding) (71 FR for 245 candidate species and 5 listed one species (Helianthus eggertii 47765; August 18, 2006); Agave species (species petitioned prior to the (Eggert’s sunflower); 70 FR 48482; + eggersiana and Solanum conocarpum last CNOR). Note, we have not updated August 18, 2005) and, to date in (not-warranted 12-month finding) (71 our resubmitted petition findings for the FY2006, we have delisted two species FR 11367; March 7, 2006); Gilia Columbia Basin population of the (the Arizona Distinct Population + (=Aliciella) tenuis (Mussentuchit gilia) greater sage-grouse or for the Missouri Segment of the Cactus Ferruginous (not-substantial 90-day finding) (71 FR River population of fluvial Arctic Pygmy-owl; 71 FR 19452; April 14, 4337; January 26, 2006); and Sidalcea grayling in this notice as we are 2006; and, Agave arizonica (Arizona hendersonii (Henderson’s considering new information and will agave); 71 FR 35195; June 19, 2006). checkermallow—not-substantial 90-day update our findings at a later date. As The majority of the money to add finding) (71 FR 8252; February 16, explained above, these resubmitted qualified species to the list is consumed 2006). We funded work on statutorily- petition findings are required by statute in complying with court orders or court- required petition findings for the and findings for these 245 candidates approved settlement agreements following species (not yet completed so and 5 listed species are being published requiring petition findings or listing not yet published): Polar bear (12-month as part of this CNOR. We also funded determinations, and essential litigation- finding) (we reopened the comment revised 12-month petition findings for related, administrative, and program period on the status review for the 12- 10 candidate species that we are management functions related to these month petition finding on May 17, 2006; removing from candidate status, which findings and determinations (including 71 FR 28653) , Utah prairie dog (90-day are being published as part of this preparing and allocating budgets, finding on reclassification to CNOR (see Summary of Candidate responding to Congressional and public endangered), black-footed albatross (90- Removals). We are also funding work on inquiries, public outreach, gathering day finding), tricolored blackbird (90- the next annual review of those and assessing the scientific information day finding), long-tailed duck+ (90-day resubmitted petition findings, which used as the basis for our listing finding), southwestern population of will be published as part of the next decisions, writing the document, and bald eagle (90-day finding), Columbian CNOR. Because the majority of these reviewing those listing sharp-tailed grouse (90-day finding), species were already candidate species recommendations made by our Field yellow-billed loon+ (90-day finding), prior to our receipt of a petition to list and Regional Office staff). Therefore, we Mono Basin population of greater sage- them, we had already assessed their have endeavored to make our listing grouse (90-day finding), southeastern status using funds from our Candidate actions as efficient and timely as snowy plover and wintering population Conservation Program. We also continue possible, given the requirements of the of piping plover (12-month finding), to monitor the status of these species relevant law and regulations, and cerulean warbler (12-month finding), through our Candidate Conservation constraints relating to workload and northern Mexican garter snake+ (12- Program. The cost of updating the personnel. We are continually month finding), northern water snake species assessment forms and considering ways to streamline (12-month finding), Tucson shovel- publishing the joint publication of the processes or achieve economies of scale,

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53776 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

such as by batching related actions obviated the need to list six species several decades. The Listing Priority together. Given our limited budget for through conservation efforts, including Number for E. s. semicaudata remains at implementing section 4 of the Act, these four candidate species: The Greater and 3 because the magnitude of the threats actions described above collectively Lesser Adams Cave beetles, Camp is high, the threats are imminent, and constitute expeditious progress. Shelby burrowing crayfish, and the taxon in question is a population of Although we have not been able to Holsinger’s cave beetle. a subspecies. resolve the listing status of many of the Pacific Sheath-tailed Bat candidates, several programs in the Findings for Petitioned Candidate (Emballonura semicaudata rotensis), Service contribute to the conservation of Species Guam and the Commonwealth of the these species. In particular, we have a For our revised 12-month petition Northern Mariana Islands—The separate budgeted program, the findings for species we are removing following summary is based on Candidate Conservation program, which from candidate status, see summaries information contained in our files. No focuses on providing technical expertise above under ‘‘Summary of Candidate new information was provided in the for developing conservation strategies Removals.’’ petition received on May 11, 2004. This and agreements to guide voluntary on- Mammals small bat is a member of the the-ground conservation work for Emballonuridae, an Old World bat candidate and other at-risk species. The Pacific Sheath-tailed Bat, American family that has an extensive main goal of this program is to address Samoa DPS (Emballonura semicaudata distribution, primarily in the tropics. the threats facing candidate species. If semicaudata)—The following summary The Pacific sheath-tailed bat was once sufficiently successful, this eliminates is based on information contained in common and widespread in Polynesia the need to list them, allowing us to our files. This small bat is a member of and Micronesia and it is the only remove them from the candidate list. the Emballonuridae, an Old World bat insectivorous bat recorded from a large Through this program, we work with family that has an extensive part of this area. The species as a whole our partners (other Federal agencies, distribution, primarily in the tropics. (E. semicaudata) occurred on several of State agencies, Tribes, private The Pacific sheath-tailed bat was once the Caroline Islands (Palau, Chuuk, and landowners, and private conservation common and widespread in Polynesia Pohnpei), Samoa (Independent and organizations) to address the threats to and Micronesia and it is the only American), the Mariana Islands (Guam candidate species and other species at- insectivorous bat recorded from a large and the CNMI), Tonga, Fiji, and risk. We are actively engaged in the part of this area. The species as a whole Vanuatu. While populations appear to conservation of these species and have (E. semicaudata) occurred on several of be healthy in some locations, mainly in over 115 voluntary conservation the Caroline Islands (Palau, Chuuk, and the Caroline Islands, they have declined agreements that are being implemented Pohnpei), Samoa (Independent and drastically in other areas, including for 190 species covering 4.8 million American), the Mariana Islands (Guam Independent and American Samoa, the acres of habitat. For example, we are and the CNMI), Tonga, Fiji, and Mariana Islands, Fiji, and possibly currently implementing a Candidate Vanuatu. While populations appear to Tonga. Scientists recognize four Conservation Agreement for the be healthy in some locations, mainly in subspecies: E. s. rotensis, endemic to the Louisiana pine snake, a candidate the Caroline Islands, they have declined Mariana Islands (Guam and the species. This agreement between the drastically in other areas, including Commonwealth of the Northern Mariana Fish and Wildlife Service, U.S. Forest Independent and American Samoa, the Islands (CNMI)); E. s. sulcata, occurring Service, U.S. Department of Defense, Mariana Islands, Fiji, and possibly in Chuuk and Pohnpei; E. s. palauensis, Texas Parks and Wildlife Department, Tonga. Scientists recognize four found in Palau; and E. s. semicaudata, and Louisiana Department of Wildlife subspecies: E. s. rotensis, endemic to the occurring in American and Independent and Fisheries was completed in 2003 Mariana Islands (Guam and the Samoa, Tonga, Fiji, and Vanuatu. This and is designed to identify and establish Commonwealth of the Northern Mariana candidate assessment form addresses management for the Louisiana pine Islands (CNMI)); E. s. sulcata, occurring the Mariana Islands subspecies. E. s. snake on Federal lands in Texas and in Chuuk and Pohnpei; E. s. palauensis, rotensis is historically known from the Louisiana. The agreement provides a found in Palau; and E. s. semicaudata, Mariana Islands and formerly occurred means for all the partnering agencies to occurring in American and Independent on Guam and in the CNMI on Rota, work cooperatively on projects that Samoa, Tonga, Fiji, and Vanuatu. This Aguiguan, Tinian (known from avoid and minimize impacts to the candidate assessment form addresses prehistoric records only), Saipan, and snake. We also have provided funds the distinct population segment of E. s. possibly Anatahan and Maug. Currently, from the Endangered Species Private semicaudata that occurs in American E. s. rotensis appears to be extirpated Landowner Incentive Program and Samoa. E. s. semicaudata historically from all but one island in the Mariana Private Stewardship Grants to a private occurred in American and Independent archipelago. The single remaining landowner for habitat restoration and Samoa, Tonga, Fiji, and Vanuatu. It is population of this subspecies occurs on prescribed burning at Louisiana pine extant in Fiji and Tonga, but may be Aguiguan, CNMI. snake sites on their property. Several extirpated from Vanuatu and Threats to this subspecies have not other Service programs (e.g. Fisheries, Independent Samoa. changed over the past year. The primary Partners for Fish and Wildlife, Refuge Current threats to this subspecies threats to the subspecies include Wildlife and Habitat Management, and include habitat loss, predation by predation by nonnative species, habitat Federal Assistance) contribute to introduced species, small population loss and degradation, small population candidate conservation. size, and disturbance to roosting caves. size, occurrence on one small island, Through sustained implementation of The greatest threats at this time are and disturbance to roosting caves. strategically designed conservation likely habitat loss and degradation, the Habitat loss and degradation (through efforts, we are actively working to small numbers of bats detected in the various means, but mainly by feral conserve many candidate species. In past two decades, and tropical storms. ungulates at present) and predation by some instances, this culminates in Habitat loss and degradation and nonnative species are believed to be making listing unnecessary. In the past predation by nonnative species are occurring now, and likely have been two years, for example, we have believed to have been occurring for occurring for several decades on

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53777

Aguiguan and are, therefore, affecting Major threats that fragment or remove development occurs in proximity to the entire remaining population of E. s. key elements of fisher habitat include Mazama pocket gophers, predation by rotensis. The subspecies may be near various forest vegetation management domestic pets is an additional threat to the point where stochastic events, such practices such as timber harvest and the species. The immediacy of threat is as typhoons, are increasingly likely to fuels reduction treatments. Other imminent. Two of the subspecies (T. m. affect its continued survival. The potential major threats include: Stand- louiei and T. m. tacomensis) are likely disappearance of the remaining replacing fire, Sudden Oak Death extinct. Gravel pits threaten persistence population on Aguiguan would result in Phytophthora, urban and rural of one of the remaining subspecies (Roy the extinction of the subspecies. In development, recreation development, Prairie), and the populations of two addition, scientists believe that a more and highways. Major threats to fisher other subspecies (T. m. couchi and T. m. complete genetic examination of the that lead to direct mortality and injury yelmensis) are located on airports with subspecies may result in its elevation to to fisher include; collisions with planned development. Yelm pocket a distinct species. The Listing Priority vehicles, predation, and viral borne gophers (T. m. yelmensis) are also Number for E. s. rotensis remains at 3 diseases such as rabies, parvovirus, threatened by other proposed because the magnitude of the threats is canine distemper and Anaplasma development on Fort Lewis. Thus we high, the threats are imminent, and the phagocytophilum. Existing regulatory assign a listing priority number of 3 to taxon is question is a subspecies. mechanisms on Federal, State and these subspecies. Cottontail, New England (Sylvilagus private lands affect key elements of Palm Springs round-tailed ground transitionalis)—See above in ‘‘Summary fisher habitat and do not provide squirrel (Spermophilus tereticaudus of New Candidates.’’ The above sufficient certainty that conservation chlorus)—The following summary is summary is based on information in our efforts will be effective or will be based on information in our files. No file and in the petition dated August 30, implemented. The magnitude of threats new information was provided in the 2000. is high as they occur across the range of petition received on May 11, 2004. The range for the Palm Springs round-tailed Fisher, West Coast DPS (Martes the DPS resulting in a negative impact ground squirrel is generally described as pennanti)—The following summary is on fisher distribution and abundance. However, the threats are non-imminent the Coachella Valley region that roughly based on information in our files and in as the greatest long-term risks to the spans between San Gorgonio Pass and the Service’s initial warranted-but- fisher in its west coast range are the the Salton Sea. A recent study precluded finding published in the subsequent ramifications of the isolation demonstrated that the primary habitat Federal Register on April 8, 2004 (68 FR small populations, and the three for the Palm Springs round-tailed 18770). The fisher is a carnivore in the remaining areas containing fisher ground squirrel in the Coachella Valley family Mustelidae and is the largest populations appear to be stable or not is the mesquite sand dune/hummock member of the genus Martes. rapidly declining based on recent community. They are also found in Historically the West Coast population survey and monitoring efforts. We other low flat sandy areas or sand dunes of the fisher extended south from British assigned this DPS a listing priority containing various types of desert shrub Columbia into western Washington and number of 6 due to nonimminent threats communities, including creosote and Oregon, and in the North Coast Ranges, of a high magnitude. Atriplex ssp. Squirrels are also Klamath-Siskiyou Mountains and Sierra Mazama pocket gopher (Thomomys occasionally found in fine sand Nevada in California. The fisher is mazama (ssp. couchi, glacialis, louiei, accumulated along banks, roads, and believed to be extirpated or reduced to melanops, pugetensis, tacomensis, among shrubs; as well as areas with scattered individuals from the lower tumuli, yelmensis)—The following more coarse, hard-packed sand and mainland of British Columbia through summary is based on information gravel. Washington and in the central and contained in our files. No new Rapid growth of desert cities such as northern Sierra Nevada range in information was provided in the Palm Springs and Palm Desert has California. Native populations of fisher petition received December 11, 2002. raised concerns about the conservation currently occur in the North Coast These eight subspecies of pocket gopher of a squirrel restricted to the Coachella Ranges of California, the Klamath- are associated with glacial outwash Valley. Urban development and drops Siskiyou Mountains of northern prairies in western Washington. Of in the groundwater table have California and southern Oregon, and in these eight subspecies, six are likely still eliminated all but approximately 10 isolated populations occurring in the extant (couchi, glacialis, melanops, percent of Prosopis glandulosa var. southern Sierra Nevada in California. pugetensis, tumuli, and yelmensis). Few torreyana (mesquite) in the Valley; the Descendents of a fisher reintroduction of these glacial outwash prairies remain plant with which this squirrel is effort also occur in the southern Cascade in Washington today. Historically, such strongly associated with. The mesquite range in Oregon. There is a lack of prairies were only patchily distributed. sand dune/hummock community is also precise empirical data on West Coast Now, residential and commercial threatened by the decreasing water table DPS fisher numbers. However, there is development, fire regime alteration, and in the Coachella Valley. Mesquite is a lack of detections over much of the ingrowth of woody vegetation have phreatophytic, meaning that its roots are fisher’s historic range, even with further reduced their numbers. In adapted to grow deep into the water standardized survey and monitoring addition, development in or adjacent to table. Increasing water consumption efforts in California, Oregon and these prairies has likely increased associated with growing urbanization is Washington. There is also a high degree predation on Mazama pocket gophers by lowering the water table below the level of genetic relatedness within some dogs and cats. at which mesquite roots can reach. No populations, and populations of native The magnitude of threat is high for formal protection is currently available fisher in California are separated by four these subspecies due to their patchy and to this species in the majority of its times the species’ maximum dispersal isolated distribution, location in range. The California Environmental distance. The above listed factors all habitats desirable for residential and Quality Act affords some indirect indicate that the likely extant fisher commercial development, threat of protection to S. tereticaudus chlorus by populations are small and isolated from invasive plants, and limited dispersal addressing impacts to other protected one another. capability of the species. Where human species, most notably, the federally

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53778 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

threatened Coachella Valley fringe-toed Assurances (CCAAs) have been The most contiguous, least-disturbed lizard (Uma inornata). In 1993, the completed for this species, both of expanse of suitable Washington ground Coachella Valley Association of which allow agency access for squirrel habitat within the species’ Governments initiated the Coachella population and habitat surveys and range occurs on the Boeing site and Valley Multiple Species Habitat habitat enhancement/restoration work. Naval Weapons Training Facility near Conservation Plan (MSHCP) for the The magnitude of threat is low to Boardman, Oregon. In Washington, the Coachella Valley to address rare species moderate for this species due to the two largest expanse of known suitable including S. tereticaudus chlorus. CCAAs that have been completed, and habitat occurs on State and Federal However, this planning effort remains in ongoing survey and habitat land. In Washington, recent declines in preparation and has not yet been enhancement/restoration efforts some colonies have been precipitous for approved or implemented. Further, the conducted by other agencies. The unknown (possibly weather-related) Coachella Valley MSHCP is proposing immediacy of the threat is imminent for reasons. For example, in 2001 entire to protect only 136 ha (336 acres) of this species due to the prevalence and colonies of ground squirrels were no mesquite hummocks, which is only 35 dominance of nonnative vegetation and longer occupied on the Columbia percent of the remaining mesquite the current patchy distribution of the National Wildlife Refuge and Seep hummocks left within the planning area species. Thus, we assign a listing Lakes Management Area near Othello, of the Coachella Valley MSHCP. priority number of 9 to this species. Washington, despite protection for Mesquite hummocks near faults in the Washington ground squirrel species in this area. Recent surveys have Upper valley are not directly addressed (Spermophilus washingtoni)—The located additional sites in Washington by the Coachella Valley Water District following summary is based on and Oregon. However, detections are Water Management Plan, and are information contained in our files and primarily located in the three disjunct threatened by the planned and proposed the petition received on March 2, 2000. metapopulations, indicating groundwater pumping for the rapidly The Washington ground squirrel is one fragmentation and increased growing cities of Desert Hot Springs, of the smallest members of the subgenus vulnerability to natural and man-made Cathedral City, and Indio. Spermophilus and is found within the factors is still a widespread threat. We assigned the Palm Springs ground shrub-steppe habitat of the Columbia In Oregon, some threats are addressed squirrel subspecies a listing priority of Basin ecosystem of Oregon and by the State listing of this species, and 3 because the threats are ongoing and Washington. The soil types used by the by the recently signed Threemile Canyon Farms Multi-Species Candidate are of a high magnitude. This round- squirrels are distributed sporadically tailed ground squirrel has lost Conservation Agreement with within the species’ range, and have been approximately 90 percent of its Assurances (Agreement). Participants in significantly fragmented by human preferred habitat, mesquite sand dune/ the 25-year agreement include development in the Columbia Basin. hummocks and suitable habitat in the Threemile Canyon Farms, The Nature Approximately two-thirds of the Coachella Valley has a high rate of Conservancy, Portland General Electric Washington ground squirrel’s total development. (PGE), the Oregon Department of Fish historic range has been converted to Southern Idaho ground squirrel and Wildlife (ODFW), and the Service. agriculture. When agriculture occurs, (Spermophilus brunneus endemicus)— Parties will implement habitat little evidence of ground squirrel use The following summary is based on management, operational modifications, information in our files. The southern has been documented, and reports and conservation measures for four non- Idaho ground squirrel is endemic to four indicate that agriculture (along with listed species, including the Washington counties in southwest Idaho; its total other development) continues to ground squirrel. Under this agreement, known range is approximately 209,628 eliminate Washington ground squirrel 22,600 ac (9,145 ha) of the Boeing tract hectares (518,000 acres). Threats to habitat in portions of its range. was placed in a permanent ODFW southern Idaho ground squirrels include Most remaining habitat is threatened conservation easement (Boardman habitat deterioration and fragmentation, by the occurrence and spread of Conservation Area) and 888 ac (356 ha) direct killing from shooting, trapping or nonnative species, particularly of PGE property will be managed as part poisoning, predation, competition with cheatgrass. Nonnative plants threaten of the BCA for the duration of the Columbian ground squirrels, and squirrels by out-competing native Agreement. inadequacy of existing regulatory plants, thereby altering available cover, Current threats to the long-term mechanisms. Habitat deterioration and food quantity and quality, and altering persistence of this species include the fragmentation appear to be the primary fire intervals. The ultimate effects of following: Historic and current habitat threats to the species. Nonnative cheatgrass invasion on this species are loss from the conversion of habitat to annuals now dominate much of this not fully understood. While Washington agriculture and other development, species’ range, have changed the species ground squirrels eat cheatgrass, it is not habitat fragmentation, limited dispersal composition of vegetation, and have likely a viable long-term dietary option corridors, recreational shooting, genetic altered the fire regime in a perpetuating since cheatgrass populations are isolation and drift, spread of nonnative cycle throughout much of the range. unstable during drought and contain species, and predation. Potential threats Habitat deterioration, destruction, and large amounts of indigestible silica include disease, drought, and possible fragmentation are thought to have which may make it a poor nutrition competition with related ground resulted in the current patchy source. Fire recurrence intervals squirrel species in disturbed habitat at distribution of southern Idaho ground typically switch from 20–100 years in the periphery of their range. While there squirrels. Based on recent genetic work, sagebrush-grassland ecosystems to 3–5 are a variety of conservation actions and southern Idaho ground squirrels are years in cheatgrass-dominant sites. research activities, they do not address subject to more genetic drift and Increased fire occurrence reduces native all of the threats throughout the species’ inbreeding than expected. Cost-effective bunchgrass and shrub cover (by range. Due to the widespread current methods of habitat restoration are competition or preventing the re- and potential threats to the species we currently unknown for southern Idaho establishment of shrub cover) and conclude the magnitude of threats ground squirrels. Two Candidate allows exotic species to further out- remains high. Because the Agreement Conservation Agreements with compete native species. addressed the imminent loss of a large

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53779

portion of habitat to agriculture, and Threats to this species have not species required by the creeper, and because there are no other known, large- changed over the past year. The ungulates destroy the forest understory scale efforts to convert suitable habitat population in American Samoa is and spread the seeds of nonnative to agriculture, overall the threats are threatened by small population size, plants. Efforts are underway to control nonimminent. We, therefore, kept the limited distribution, predation by nonnative plants in some areas, but over listing priority number at 5. nonnative mammals, continued most of the species range there is no development of wetland habitat, and effective control of nonnative plants or Birds natural catastrophes such as hurricanes. feral ungulates. Based on the imminent Spotless crake, American Samoa DPS The co-occurrence of a known predator threats of a high magnitude, we assigned (Porzana tabuensis)—The following of ground-nesting birds, the Norway rat, this species a listing priority number of summary is based on information and the only known population of the 2. contained in our files. No new spotless crake under U.S. jurisdiction, Yellow-billed cuckoo, western U.S. information was provided in the along with the extremely restricted DPS (Coccyzus americanus)—The petition received on May 11, 2004. P. observed distribution and low numbers, following summary is based on tabuensis is a small, dark, cryptic rail indicate that the American Samoa information contained in our files and found in wetlands and rank scrub or distinct population segment of this the petition received on February 9, forest in the Philippines, Australia, Fiji, species continues to merit status as a 1998. See also our 12-month petition Tonga, Society Islands, Marquesas, candidate for listing. Based on our finding published on July 25, 2001 (66 Independent Samoa, and American assessment of existing information FR 38611). The yellow-billed cuckoo is Samoa (Ofu, Tau). The genus Porzana is about the imminence and high a medium-sized bird of about 12 inches widespread in the Pacific, where it is magnitude of these threats, we assigned (30 centimeters) in length with a represented by numerous island- the spotless crake a listing priority slender, long-tailed profile and a fairly endemic and flightless species (many of number of 3. stout and slightly down-curved bill. which are extinct as a result of Kauai creeper (Oreomystis bairdi)— Plumage is grayish-brown above and anthropogenic disturbances) as well as The following summary is based on white below, with rufous primary flight several more cosmopolitan species, information contained in our files. No feathers with the tail feathers boldly including P. tabuensis. No subspecies of new information was provided in the patterned with black and white below. P. tabuensis are recognized. The petition received on May 11, 2004. The Western cuckoos breed in large blocks American Samoa population is the only Kauai creeper is a small, insectivorous of riparian habitats (particularly population of spotless crakes under U.S. forest bird that is found only on the woodlands with cottonwoods (Populus jurisdiction. The available information Hawaiian island of Kauai. It occurs in fremontii) and willows (Salix sp.). indicates that distinct populations of the mesic and wet montane forests at higher Dense understory foliage appears to be spotless crake, a species not noted for elevations on the Alakai Plateau. an important factor in nest site long-distance dispersal, are definable. Surveys in 2000 showed that in the last selection, while cottonwood trees are an The population of spotless crakes in 30 years the range of the Kauai creeper important foraging habitat in areas American Samoa is discrete in relation has decreased from 88 to 36 square where the species has been studied in to the remainder of the species as a kilometers (21,750 to 8,896 acres), that California. We consider the yellow- whole, which is distributed in widely the species has disappeared from much billed cuckoos that occur in the western separated locations. Although the of the periphery of its range, and that U.S. a distinct population segment spotless crake (and other rails) have the estimated population has declined (DPS). The area for this DPS is west of dispersed widely in the Pacific, island from 6,832 ± 966 to 1,472 ± 680 birds. the crest of the Rocky Mountains. rails have tended to reduce or lose their The creeper is primarily threatened by The threats currently facing the power of flight over evolutionary time diseases carried by nonnative yellow-billed cuckoo include habitat and so become isolated (and vulnerable mosquitoes that occur over most or all loss, cattle grazing, and pesticide to terrestrial predators such as rats). The of its range. Experimental evidence has application. Principal causes of riparian population of this species in American shown that the malarial parasite does habitat losses are conversion to Samoa is therefore distinct based on not develop in birds below 13° Celsius agricultural and other uses, dams and geographic and distributional isolation (C) (55° (F)), and field river flow management, stream from spotless crake populations on studies have found that maximum channelization and stabilization, and other islands in the oceanic Pacific, the malaria transmission occurs where livestock grazing. Available breeding Philippines, and Australia. The mean ambient summer temperature is habitats for cuckoos have also been American Samoa population of the 17 °C (63 °F). There are no forested areas substantially reduced in area and spotless crake links the Central and on Kauai where mean ambient quality by groundwater pumping and Eastern Pacific portions of the species’ temperature is below 13 °C (55 °F), the replacement of native riparian range. The loss of this population could meaning all areas are subject to malaria habitats by invasive nonnative plants, cause an increase of roughly 500 miles at least periodically. Mosquitoes have particularly tamarisk. Overuse by in the disjunction between the central been found recently near the highest livestock has been a major factor in the and eastern Polynesian portions of the elevations on Kauai. The disappearance degradation and modification of spotless crake’s range, and could result of the Kauai creeper from lowland riparian habitats in the western U.S. The in the isolation of the Marquesas and habitats indicates the species has not effects include changes in plant Society Islands populations by further evolved resistance to these diseases, and community structure and species limiting the potential for even rare it is very unlikely that such evolution composition and in relative abundance genetic exchange. Based on the could occur rapidly enough to keep of species and plant density. These discreteness and significance of the pace with expansion of mosquito changes are often linked to more American Samoa population of the populations. The creeper’s habitat is widespread changes in watershed spotless crake, we consider this being adversely affected by invasive hydrology. Livestock grazing in riparian population to be a distinct vertebrate nonnative plants and by the browsing habitats typically results in reduction of population segment which warrants and rooting of feral ungulates. plant species diversity and density, review for listing under the Act. Nonnative plants displace native plant especially of palatable broadleaf plants

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53780 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

like willows and cottonwood saplings, Kittlitz’s murrelets to their preferred are attracted to bright lights on and is one of the most common causes habitats remains a topic for further commercial fishing vessels. Xantus’s of riparian degradation. In addition to research. Other causes of decline may murrelets and other seabirds become destruction and degradation of riparian include: Habitat loss or degradation, exhausted by their continual attraction habitats, pesticides may affect cuckoo increased adult and juvenile mortality, and fluttering near lights or collide with populations. In areas where riparian and low recruitment. Existing regulatory lighted vessels, the impact resulting in habitat borders agricultural lands, e.g., mechanisms appear inadequate to stop injury or death. Chicks have been in California’s central valley, pesticide or reverse population declines or to known to become separated from their use may indirectly affect cuckoos by reduce the threats to this species. Due parents due to vessel lights, and this reducing prey numbers, or by poisoning to the nonimminent threats of high would have resulted in death of the nestlings if sprayed directly in areas magnitude, we retained a listing priority chicks because they are dependent on where the birds are nesting. We retain number of 5 for this species. their parents for survival. High-wattage a listing priority number of 3 for the Xantus’s murrelet (Synthliboramphus lights on commercial market squid yellow-billed cuckoo due to imminent hypoleucus)—The following summary is (Loligo opalescens) fishing vessels are threats of a high magnitude. based on information contained in our used at night to attract squid to the Friendly ground-dove, American files and the petition received on April surface of the water. These boats have Samoa DPS (Gallicolumba stairi stairi)— 16, 2002. The Xantus’s murrelet is a been reported operating in shallow See above in ‘‘Summary of Listing small seabird in the Alcid family that waters near Xantus’s murrelet nesting Priority Changes in Candidates.’’ The occurs along the west coast of North colonies in the California Channel above summary is based on information America in the U.S. and Mexico. The Islands, with several vessels often contained in our files. No new species has a very limited breeding fishing simultaneously in the same area. information was provided in the distribution, only nesting on the Unusually high predation on Xantus’s petition received on May 11, 2004. Channel Islands in southern California murrelets by Western Gulls and Barn Streaked horned lark (Eremophila and on islands off the west coast of Baja Owls was reported at Santa Barbara alpestris strigata)—See above in California, Mexico. Nesting populations Island in 1999, and was attributed to ‘‘Summary of Listing Priority Changes in in the U.S. and Mexico appear to have bright lights from the squid fishing that Candidates.’’ The above summary is declined due to a wide variety of occurred directly offshore for much of based on information contained in our threats, with substantial declines the breeding season. To address this files and the petition received on evident at some of the largest nesting threat, the California Fish and Game January 7, 2003. colonies and extirpations on three of the Commission requires light shields and a Red knot (Calidris canutus rufa)—See seven Mexican islands. Some identified limit of 30,000 watts per boat, made above in ‘‘Summary of New threats include the possibility of oil effective on May 31, 2000. The resulting Candidates.’’ The above summary is spills, reductions in prey availability, effects are still unknown. based on information in our files and in introduced nonnative predators at The recent proposal to build a liquid the petitions dated August 6, 2004, July several nesting colonies, chronic human natural gas (LNG) facility 600 meters 28, 2005, and August 2, 2005. disturbance, and artificial light (1,969 feet) off Islas Los Coronados in Kittlitz’s murrelet (Brachyramphus pollution. A dramatic decline (up to 70 Baja California, Mexico, is another brevirostris)—The following summary is percent) from 1977 to 1991 was detected threat to the species. This island based on information contained in our at the largest nesting colony in southern contains one of the largest nesting files and the petition received on May California, possibly due to high levels of populations of Xantus’s murrelets in the 9, 2001. Kittlitz’s murrelet is a small predation on eggs by the endemic deer world. The construction and operation diving seabird whose entire North mouse (Peromyscus maniculatus of the proposed LNG facility at Islas Los American population, and most of the elusus). Data on population trends from Coronados could increase human world’s population, inhabits Alaskan other islands are scarce, particularly on disturbance to Xantus’s murrelets. coastal waters discontinuously from the Mexican nesting islands. Although Potential sources of disturbance Point Lay south to northern portions of substantial declines in the Xantus’s include: (1) Bright lights at night from Southeast Alaska. Most recent murrelet population appear to have the facility and visiting tanker vessels; population estimates (9,500–26,700 occurred over the last century, some of (2) noise from the facility; (3) noise from birds) indicate that it has the smallest the largest threats are being addressed, helicopters visiting the facility; (4) population of any seabird considered a and, to some degree, ameliorated in the ingress and egress of tanker vessels; and regular breeder in Alaska. This species U.S.. Declines and extirpations of (5) other vessels transporting personnel appears to have undergone significant Xantus’s murrelets at several nesting and supplies. Due to the imminent population declines in four of its core colonies were thought to have been threats of high magnitude, we assigned population centers—Prince William caused by nonnative predators such as this species a listing priority number of Sound, Malaspina Forelands, Glacier rats (Rattus sp.) and feral cats (Felis 2. Bay, and Kenai Fjords. As populations catus), which have been removed from Lesser prairie-chicken (Tympanuchus become smaller, they become many of the islands where they once pallidicinctus)—The following increasingly vulnerable to events that occurred. Most notably, in 2002, rats summary is based on information may result in local extirpation. Causes were eradicated from Anacapa Island in contained in our files and the petition for the declines in populations are not southern California, which has resulted received on October 5, 1995. Additional well known, but we believe that glacial in immediate improvements in information can be found in the 12- retreat and oceanic regime shifts are the reproductive success at that island. month finding published on June 7, most likely causes. Kittlitz’s murrelets The Service has been working with 1998 (63 FR 31400). Biologists estimate seem to prefer areas near stable or the State of California, National Park that the occupied range has declined by advancing tidewater glacier faces as Service, and National Oceanographic 92 percent since the 1800s. The most these areas have higher primary and Atmospheric Administration serious threats to the lesser prairie- productivity compared to siltier, less (NOAA Fisheries) to address the threats chicken are loss of habitat from saline fjords with receding glaciers, but of light pollution and human conversion of native rangelands to the ecological mechanisms linking disturbance. Many nocturnal seabirds introduced forages and cultivation,

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53781

cumulative habitat degradation caused priority number of 6. The following Populations in Japan and the Galapagos by severe grazing, woody plant invasion summary is based on information in our are comparatively large and number in of open prairies, fire suppression, files and a petition, dated May 14, 1999, the thousands, while the Hawaiian birds herbicides, and habitat fragmentation requesting the listing of the Washington represent a small, remnant population caused by structural and transportation population of western sage grouse (C. u. of possibly only a few hundred pairs. developments. Many of these threats phaios). Currently, the American Band-rumped storm-petrels are most may exacerbate the normal effects of Ornithologists’ Union recognizes two commonly found in close proximity to periodic drought on lesser prairie- subspecies of greater sage-grouse. breeding islands. The three populations chicken populations. In many cases, the Compared to the eastern subspecies (C. in the Pacific are separated by long remaining suitable habitat has become u. urophasianus), the western distances across the ocean where birds fragmented by the spatial arrangement subspecies has reduced white markings are not found. Extensive at-sea surveys of these individual threats. We view and darker grayish-brown feathering, of the Pacific have revealed a broad gap current and continued habitat resulting in a more dusky overall in distribution of the band-rumped fragmentation to be a serious ongoing appearance. Pursuant to Service policy storm-petrel to the east and west of the threat that facilitates the extinction (61 FR 4722), on May 7, 2001, we Hawaiian Islands, indicating the process through several mechanisms: concluded that listing the Columbia distribution of birds in the central Remaining habitat patches may become Basin DPS of western sage grouse, Pacific around Hawaii is disjunct from smaller than necessary to meet the which was historically found in other nesting areas. The available yearlong requirements of individuals northern Oregon and central information indicates that distinct and populations, necessary habitat Washington, was warranted, but populations of band-rumped storm- heterogeneity may be lost to large areas precluded by higher priority listing petrels are definable and that the of monoculture vegetation and/or actions (66 FR 22984). The Service Hawaiian population is distinct based homogeneous habitat structure, areas subsequently received two petitions on geographic and distributional between habitat patches may harbor requesting the listing of the entire isolation from other band-rumped high levels of predators or brood ranges of the nominal western and storm-petrel populations in Japan, the parasites, and the probability of eastern subspecies of greater sage- Galapagos, and the Atlantic Ocean. A recolonization decreases as the distance grouse, dated January 24 and July 3, population also can be considered between suitable habitat patches 2002, respectively. However, based on discrete if it is delimited by expands. communications with recognized international boundaries across which The Service is currently working to experts, disagreement as to the validity exist differences in management control quantify the ongoing level of habitat of these subspecies designations exists. of the species. The Hawaiian population fragmentation throughout the range of When informed taxonomic opinion is of the band-rumped storm-petrel is the the species. Although Federal lands not unanimous, the Service must only population within U.S. borders or comprise only five percent of currently evaluate the available information with under U.S. jurisdiction. Loss of the occupied habitat, these tracts are located regard to our section 4 listing Hawaiian population would cause a in areas essential to population recovery responsibilities under the Endangered significant gap in the distribution of the and dispersal. As a result, the Service Species Act (USFWS 1992). We band-rumped storm-petrel in the views habitat management subsequently concluded that the Pacific, and could result in the complete considerations on Federal lands within subspecies designations for greater sage- isolation of the Galapagos and Japan current and historic range as very grouse are inappropriate given current populations without even occasional important. Due to their potential to taxonomic standards (68 FR 6500 and genetic exchanges. affect the species, current planning 69 FR 933). In response to recent efforts for grazing and wind, oil, and gas The band-rumped storm-petrel judicial direction (Institute for Wildlife development on public lands is of probably was common on all of the Protection v. Norton (9th Cir. 2005, particular relevance to the future listing main Hawaiian Islands when Unpublished opinion)), we are in the status of the species. Polynesians arrived about 1,500 years Based on all currently available process of revisiting our current ago, based on storm-petrel bones found information, we find that ongoing interpretation of the taxonomic status of in middens on the island of Hawaii and threats to the lesser prairie-chicken, as the greater sage-grouse subspecies. We in excavation sites on Oahu and outlined in the 12-month finding, will publish an updated finding Molokai. Nesting colonies of this remain unchanged and lesser prairie- addressing the Columbia Basin DPS in species in the Hawaiian Islands chickens continue to warrant Federal the Federal Register, either in the next currently are restricted to remote cliffs listing as threatened. We have CNOR or in a separate notice, following on Kauai and Lehua Islet and high- determined that the overall magnitude our judicially-directed reassessment of elevation lava fields on Hawaii. of threats to the lesser prairie-chicken the species’ taxonomy. Vocalizations of the species were heard throughout its range is moderate, and Band-rumped storm-petrel, Hawaii in Haleakala Crater on Maui in 1992, but that the threats are ongoing and thus, DPS (Oceanodroma castro)—The have not been detected there recently. imminent. Consequently, a listing following summary is based on The significant reduction in numbers priority number of 8 remains information contained in our files and and range of the band-rumped storm- appropriate for the species. the petition received on May 8, 1989. petrel from prehistoric population levels Greater sage-grouse, Columbia Basin No new information was provided in is due primarily to predation by humans DPS (Centrocercus urophasianus)—We the second petition received on May 11, and nonnative predators introduced by have not updated our finding with 2004. The band-rumped storm-petrel is humans, including the domestic cat regard to the Columbian Basin DPS of a small seabird that is found in several (Felis catus), small Indian mongoose the greater sage-grouse in this notice. In areas of the subtropical Pacific and (Herpestes auropunctatus), common the May 4, 2004, notice, we found that Atlantic Oceans. In the Pacific, there are barn owl (Tyto alba), black rat (R. a listing proposal for this DPS was still three widely separated breeding rattus), Polynesian rat (Rattus exulans), warranted but precluded by higher populations—one in Japan, one in and Norway rat (R. norvegicus), which priorities, and maintained its listing Hawaii, and one in the Galapagos. occur throughout the main Hawaiian

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53782 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

Islands, with the exception of the of this species, the magnitude of threat estimated that about 25 percent of the mongoose, which is not established on to D. angelae is high, due to its total sand-dune-lizard habitat in New Kauai but may have an incipient restricted distribution and low Mexico had been eliminated in the population there. Attraction of population numbers. Therefore, we previous 10 years. The population of fledglings to artificial lights and assign a listing priority number of 5 to sand dune lizards has also been affected collisions with artificial structures such this species. by oil and gas field development. An as communication towers and utility Reptiles estimated 50-percent decline in sand lines are also a threat. Erosion of nest dune lizard populations can be expected sites caused by the actions of nonnative Sand dune lizard (Sceloporus in areas with approximately 25 to 30 oil ungulates and feral rabbits is a threat in arenicolus)—The following summary is and/or gas wells per section. The some locations. Efforts are underway in based on information contained in our distribution of sand dune lizards is some areas to reduce light pollution and files and in the petition received June 6, localized and fragmented, and this mitigate the threat of collisions, but 2002. The sand dune lizard is endemic species is a habitat specialist. Therefore, there are no large-scale efforts to control to a small area in southeastern New impacts to its habitat will most likely nonnative predators in the Hawaiian Mexico (Chaves, Eddy, Lea, and greatly decrease populations. If current Islands. Based on the imminent threats Roosevelt Counties) and adjacent west herbicide application continues and oil of a high magnitude, we assign this Texas (Andrews, Crane, Ward, and and gas development progresses as distinct population segment a listing Winkler Counties). Within this area, the expected, the magnitude of threat to priority number of 3. known occupied and potentially sand dune lizards will increase. Elfin woods warbler (Dendroica occupied habitat is only 1,697 square Continued pressure to develop oil and angelae)—The following summary is kilometers (655 square miles) in New gas resources in areas with sand dune based on information contained in our Mexico and an area of unknown size in lizards poses an imminent threat to the files. No new information was provided west Texas. The sand dune lizard’s species. Therefore, we continue to in the petition received on May 11, distribution is localized and fragmented assign this species a listing priority 2004. The elfin woods warbler is a (i.e., known populations are separated number of 2. small, entirely black and white warbler, by vast areas of unoccupied habitat), Eastern massasauga (Sistrurus endemic to Puerto Rico. This species and the species is restricted to sand catenatus catenatus)—The following was at first thought to occur only in the dune blowouts associated with active summary is based on information high-elevation dwarf or elfin forests, but sand dunes and shinnery oak (Quercus it has since been found at lower harvardii) and scattered sandsage contained in our files. No new elevations, including shade coffee (Artemisia filifolia) vegetation. Sand information was provided in the plantations and secondary forests. dune lizards are not found at sites petition received on May 11, 2004. The Dendroica angelae builds a compact cup lacking shinnery-oak dune habitat. eastern massasauga is one of three nest, usually close to the trunk and well Extensive surveys within New recognized subspecies of massasauga. It hidden among the epiphytes of a small Mexico, conducted in conjunction with is a small, thick-bodied rattlesnake that tree, and its breeding season extends a 5-year study, documented sand dune occupies shallow wetlands and adjacent from March to June. This species forages lizards at only half of the sites surveyed. upland habitat in portions of Illinois, in the middle part of trees, gleaning Since February 2003, a Stakeholder Indiana, Iowa, Michigan, Minnesota, insects from leaves in the outer portion Group has met to create a conservation Missouri, New York, Ohio, of the tree crown. Dendroica angelae strategy for the conservation of Pennsylvania, Wisconsin, and Ontario. has been documented from four shinnery-oak habitat that offers a range Although the current range of S. c. locations: Luquillo Mountains, Sierra de of specific actions for the recovery of the catenatus resembles the subspecies’ Cayey, and the Commonwealth forests lesser prairie-chicken and sand dune historical range, the geographic of Maricao and Toro Negro. However, it lizard and takes into account other uses distribution has been restricted by the has not been recorded again in Toro of the land. The group has broad loss of the subspecies from much of the Negro and Cayey, following Hurricane representation from the oil and gas and area within the boundaries of that range. Hugo in 1989. Although there is no livestock industries, conservation/ Approximately 40 percent of the estimate of total population of D environmental interests, local counties that were historically occupied angelae, the latest estimate of 138 pairs governments, sportsmen/recreation, by S. c. catenatus no longer support the for the Luquillo Mountains suggests that State and Federal agencies (New Mexico subspecies. S. c. catenatus is currently the total population may be less than State Land Office, New Mexico considered imperiled in every State and 300 pairs. Department of Agriculture, Natural province in which it occupies. Each Habitat destruction from expansion of Resources Conservation Service, Fish State and Canadian province across the public facilities within the forests, and Wildlife Service, and Bureau of range of S. c. catenatus has lost more potential construction of additional Land Management), and independent than 30 percent, and for the majority telecommunication towers and their technical advisors. The group more than 50 percent, of their historical maintenance, disruption of breeding completed its Conservation Strategy that populations. Furthermore, less than 35 activities from pedestrians and high outlines broad policies and plans for percent of the remaining populations human use areas, switching from shade land management and a set of voluntary are considered secure. Approximately to sun coffee plantations, timber conservation efforts by stakeholders. 59 percent of the remaining S. c. management practices, potential It is clear that shinnery-oak removal catenatus populations occur wholly or predators, and catastrophic natural (e.g., by treating with the herbicide in part on public land, and state-wide events such as hurricanes and forest Tebuthiuron for livestock range and/or site-specific Candidate fires threaten this species. Although improvements) results in dramatic Conservation Agreements with these threats are not imminent, because reductions and extirpation of sand dune Assurances (CCAAs) are currently being most of the range of D. angelae is within lizards. Scientists repeatedly confirmed developed for many of these areas in protected lands and there are no known the extirpation of sand dune lizards Iowa, Illinois, Michigan, Missouri, Ohio, projects or management activities from areas with herbicide treatment to and Wisconsin. Populations soon to be planned that would result in mortality remove shinnery oak. In 1999, biologists under CCAs and CCAAs have a high

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53783

likelihood of persisting and remaining summary is based on information to impacts of unauthorized livestock use viable. Other populations are likely to contained in our files and the petition at a core population site of the species. suffer additional losses in abundance received on May 1, 1989. Currently, Also, implementation of one of the and genetic diversity and some will Columbia spotted frogs appear to be agreements has been severely likely be extirpated unless threats are widely distributed throughout constrained due to funding limitations removed in the near future. Therefore, southwestern Idaho, eastern Oregon, faced by the implementing agency. the magnitude of threats from habitat and northeastern and central Nevada, Based on imminent threats of high modification, habitat succession, but local populations within this entire magnitude, we are continuing to assign incompatible land management general area appear to be small and a listing priority number of 3 to this DPS practices, illegal collection for the pet isolated from each other. Recent work of the Columbia spotted frog. trade, and human persecution is by researchers in Idaho and Nevada has Mountain yellow-legged frog, Sierra moderate overall, with most imminent documented the loss of historically Nevada DPS (Rana muscosa)—The threats occurring to remaining known sites, reduced numbers of following summary is based on populations on private lands. Due in individuals within local populations, information contained in our files and large part to the numerous CCAAs and declines in the reproduction of the petition received on February 8, currently being developed and those individuals. Habitat degradation 2000. Also see our 12-month petition implemented, we do not believe and fragmentation are probably a finding published on January 16, 2003 emergency listing is warranted and have combined result of past and current (68 FR 2283). The mountain yellow- kept the listing priority number at 9 for influences of heavy livestock grazing, legged frog inhabits the high elevation the eastern massasauga subspecies. spring alterations, agricultural lakes, ponds, and streams in the Sierra Black pine snake (Pituophis development, urbanization, beaver Nevada Mountains of California, from melanoleucus lodingi)—See above in control, and mining activities. near 4,500 feet (1,370 meters) to 12,000 ‘‘Summary of Listing Priority Changes in Fragmentation of habitat may be one of feet (3,650 meters). The distribution of Candidates.’’ The above summary is the most significant barriers to the mountain yellow-legged frog is from based on information contained in our Columbia spotted frog recovery and Butte and Plumas counties in the north files. No new information was provided population persistence. Loss of to Tulare and Inyo counties in the in the petition received on May 11, vegetation and/or lowering of the water south. A separate population in 2004. table as a result of the above mentioned southern California is already listed as Louisiana pine snake (Pituophis activities can significantly threaten frogs endangered (67 FR 44382). ruthveni)—See above in ‘‘Summary of moving from one area to another. Predation by introduced trout is the Listing Priority Changes in Candidates.’’ Likewise, fragmentation and loss of best-documented cause of the decline of the Sierra Nevada mountain yellow- The above summary is based on habitat can prevent frogs from information contained in our files and legged frog, because it has been colonizing suitable sites elsewhere. the petition received on July 19, 2000. repeatedly observed that nonnative Sonoyta mud turtle (Kinosternon Two conservation agreements and fishes and mountain yellow-legged frogs sonoriense longifemorale)—The strategies were signed by Federal, State, rarely co-exist. Mountain yellow-legged following summary is based on county, and university representatives frogs and trout (native and nonnative) information contained in our files. No on September 30, 2003, for the central do co-occur at some sites, but these co- new information was provided in the and northeast Nevada subpopulations. occurrences probably are mountain petition received on May 11, 2004. The The goals of the conservation yellow-legged frog populations with Sonoyta mud turtle occurs in a spring agreements are to reduce threats to negative population growth rates in the and pond at Quitobaquito Springs on Columbia spotted frogs and their habitat absence of immigration. To help reverse Organ Pipe Cactus National Monument to the extent necessary to prevent the decline of the mountain yellow- in Arizona, and in the Rio Sonoyta and populations from becoming extirpated legged frog, the Sequoia and Kings Quitovac Spring of Sonora, Mexico. throughout all or a portion of their Canyon National Parks have been Loss and degradation of stream habitat historic range and to maintain, enhance, removing introduced trout since 2001. from water diversion and groundwater and restore a sufficient number of Over 18,000 introduced trout have been pumping, along with its very limited populations of Columbia spotted frogs removed from 11 lakes since the project distribution, is the primary threat to the and their habitat to ensure their started in 2001. The lakes are Sonoyta mud turtle. Sonoyta mud continued existence throughout their completely-to-mostly fish-free and turtles are highly aquatic and depend on historic range. Despite the signing of substantial mountain yellow-legged frog permanent water for survival. The area these two conservation agreements and population increases have resulted. The of southwest Arizona and northern implementation of many actions in one California Department of Fish and Game Sonora where the Sonoyta mud turtle of them, population levels have not (CDFG) has also removed or is in the occurs is one of the driest regions of the increased significantly over levels that process of removing nonnative trout southwest. Due to continuing irrigated were present at the time the agreements from a total of between 10 and 20 water agriculture and development in the were signed. There are several reasons bodies in the Inyo, Humboldt-Toiyabe, region, surface water in the Rio Sonoyta for this, including the fact that the Sierra, and El Dorado National Forests. can be expected to dwindle further. This agreements do not cover entire range of In the El Dorado National Forest, golden species may also be vulnerable to aerial the species (Oregon and Idaho are not trout were removed from Leland Lakes, spraying of pesticides on nearby included); the agreements mainly focus and attempts have been made to remove agricultural fields. Due to imminent on data collection and research to assess trout from two sites near Gertrude Lake threats of a high magnitude, we are current threats and distribution and and a tributary of Cole Creek; no data keeping the listing priority number of 3 abundance, and important factors showing increase in mountain yellow- for this subspecies. affecting the populations are outside the legged frogs at these sites were scope of the agreement/conservation available. Amphibians actions. Factors outside the agreements In California, chytridiomycosis, more Columbia spotted frog, Great Basin are threats such as disease, winter kill, commonly known as chytrid fungus, has DPS (Rana luteiventris)—The following and unexpected habitat degradation due been detected in many amphibian

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53784 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

species, including the mountain yellow- quality. Additional threats to the species logging. No laws are in place that legged frog within the Sierra Nevada. are predation by nonnative fish and preclude livestock from grazing in Recent research has shown that this introduced bullfrogs; competition with riparian corridors and resting in or pathogenic fungus is widely distributed bullfrogs for habitat; and diseases, such along streams and rivers. Missouri is the throughout the Sierra Nevada, and that as oomycete water mold Saprolegnia second largest beef cattle producing infected mountain yellow-legged frogs and chytrid fungus infections. The state in the nation, with the majority of die soon after metamorphosis. Several magnitude of threat is high for this animal units produced in the Ozarks. infected and uninfected populations species because the small populations Both Arkansas and Missouri are the were monitored in Sequoia and Kings with patchy and isolated distributions leading States in poultry production. Canyon National Parks over multiple are subject to a wide range of threats to The fact that the majority of the Ozarks years, documenting dramatic declines both individuals and their habitats that region in Missouri and Arkansas is and extirpations in infected but not in could seriously reduce or eliminate any comprised of karst topography (caves, uninfected populations. In the summer of these isolated populations and further springs, sinkholes, and losing streams) of 2005, 39 of 43 populations assayed in reduce the range of the species. Habitat further complicates the containment Yosemite National Park were positive restoration and management actions and transport of potential contaminants. for chytrid fungus. have not prevented a decline in the In short, the abundance of waste being The current distribution of the Sierra reproductive rates in some populations. generated and lack of adequate Nevada mountain yellow-legged frog is The threats are imminent because each treatment facilities or practices for both restricted primarily to publicly managed population is faced with multiple human and livestock waste poses a lands at high elevations, including ongoing and potential threats. significant and ever increasing threat to streams, lakes, ponds, and meadow Therefore, we retained a listing priority aquatic ecosystems. The decrease in wetlands located on national forests, number of 2 for the Oregon spotted frog. Ozark hellbender range and population including wilderness and non- Relict leopard frog (Rana onca)—See size and the shift in age structure are wilderness on the forests, and national above in ‘‘Summary of Listing Priority likely caused by a variety of historic and parks. In several areas where detailed Changes in Candidates.’’ The above ongoing activities. The primary causes studies of the effects of chytrid fungus summary is based on information of these trends are habitat destruction on the mountain yellow-legged frog are contained in our files and the petition and modification. Among these are ongoing, substantial declines have been received on May 9, 2002. impoundment, channelization, and observed over the past several years. For Ozark hellbender (Cryptobranchus siltation and water quality degradation example, in 2005 surveys in Yosemite alleganiensis bishopi)—The following from a variety of sources, including National Park mountain yellow-legged summary is based on information industrialization, agricultural runoff, frogs were not detectable at 37 percent contained in our files. No new mine waste, and timber harvest. of 113 sites where they had been information was provided in the Overutilization of hellbenders for observed in 2000 to 2002; in 2005 in petition received on May 11, 2004. commerce and scientific purposes is Sequoia and Kings Canyon National Since the species was elevated to also likely contributing to their decline. Parks, mountain yellow-legged frogs candidate status in 2001 (66 FR 54808), The regulations in place that could were not detected at 47 percent of sites the known threats have increased. In prevent these impacts, including the where they had been recorded 3 to 8 particular, recreational pressures on Clean Water Act and State laws, have years earlier. A compounding effect of Ozark hellbender rivers have increased been inadequate in preventing Ozark disease-caused extinctions of mountain substantially on an annual basis. The hellbender declines to this point. yellow-legged frogs is that Missouri Department of Conservation Finally, most of the remaining Ozark recolonization may never occur, because reports that gigging popularity and hellbender populations are small and streams connecting extirpated sites to pressure have increased, and present a isolated, making them vulnerable to extant populations now contain significant threat to hellbenders during individual catastrophic events and introduced fishes, which act as barriers the breeding season as they tend to reducing the likelihood of to frog movement within move greater distances and congregate recolonization after localized metapopulations. The listing priority for in small groups where they are an easy extinctions. Due to the existence of the mountain yellow-legged frog in the target for giggers. Canoe, kayak, and ongoing, high magnitude threats, Sierra Nevada is highest for a motor/jet boat traffic has increased in particularly the substantial increases in population and is a 3. recent years on the Jacks Fork, Current, recreational pressures on Ozark Oregon spotted frog (Rana pretiosa)— Eleven Point, and North Fork Rivers. hellbender rivers on an annual basis, we The following summary is based on The popularity of these float streams has assigned a listing priority number of 3 information contained in our files and grown to the point that the National to the subspecies. the petition received on May 4, 1989. Park Service is considering alternatives Austin blind salamander (Eurycea Historically, the Oregon spotted frog to reducing the number of boats that can waterlooensis)—The following summary ranged from British Columbia to the Pit be launched daily by concessionaires. In is based on information in our files. No River drainage in northeastern 2003, the Missouri Department of new information was provided in the California. Based on surveys of Natural Resources added a 7-mile petition received on May 11, 2004. The historical sites, the Oregon spotted frog stretch of the Jacks Fork River to the list Austin blind salamander is known to is now absent from at least 76 percent of impaired waters for organic wastes occur in and around three of the four of its former range. The majority of the (fecal coliform). spring sites that comprise the Barton remaining Oregon spotted frog To date, nothing has been done to Springs complex in the City of Austin, populations are small and isolated. reduce or ameliorate ongoing threats to Travis County, Texas. The threats to the species’ habitat Ozark hellbenders. The Ozarks region Primary threats to this species are include development, livestock grazing, continues to experience rapid degradation of water quality and introduction of nonnative plant species, urbanization, expansion of industrial quantity due to expanding urbanization. changes in hydrology due to agricultural practices such as The Austin blind salamander depends construction of dams and alterations to concentrated animal feeding operations on a constant supply of clean water in seasonal flooding, and poor water (chickens, turkeys, hogs, cattle), and the Edwards Aquifer discharging from

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53785

Barton Springs for its survival. petition received on May 11, 2004. The salamander habitat. The Salado Urbanization dramatically alters the Georgetown salamander is know from salamander depends on a constant normal hydrologic regime and water spring outlets along five tributaries to supply of clean water from the Northern quality of an area. Increased impervious the San Gabriel River and one cave in Segment of the Edwards Aquifer for its cover caused by development increases the City of Georgetown, Williamson survival. Pollutants and contaminants the quantity and velocity of runoff that County, Texas. The Georgetown that enter the Edwards Aquifer leads to erosion and greater pollution salamander has a very limited discharge in salamander habitat and transport. Pollutants and contaminants distribution and depends on a constant have serious morphological and that enter the Edwards Acquifer are supply of clean water from the Northern physiological effects to the salamander. discharged in salamander habitat at Segment of the Edwards Aquifer for its As the human population increases in Barton Springs and have serious survival. central Texas, greater demand on morphological and physiological effects Primary threats to this species are groundwater sources occurs. Increased to the salamander. As the human degradation of water quality and pumping of the Edwards Aquifer can population increases in central Texas, quantity due to expanding urbanization. result in reduced springflows that may greater demand on groundwater sources Increased impervious cover by also detrimentally impact the occurs. Increased pumping of the development increases the quantity and salamander. Edwards Aquifer can result in reduced velocity of runoff that leads to erosion Controls of nonpoint source pollution springflows that may also detrimentally and greater pollution transport. in the watershed are implemented impact the salamander. The Texas Pollutants and contaminants that enter through the Edwards Rules (water Commission on Environmental Quality the Edwards Aquifer are discharged quality protection measures for the adopted the Edwards Rules in 1995 and from spring outlets in salamander recharge and contributing zones of the 1997, which require a number of water habitat and have serious morphological Edwards Aquifer) adopted by the Texas quality protection measures for new and physiological effects to the species. Commission on Environmental Quality development occurring in the recharge As the human population increases in (TCEQ) in 1995 and 1997. Although and contributing zones of the Edwards central Texas, greater demand on implementation of the Edwards Rules in Aquifer. However, Chapter 245 of the groundwater sources occurs. Increased other areas of the Northern Segment of Texas Local Government Code permits pumping of the Edwards Aquifer results the Edwards Aquifer may have the ‘‘grandfathering’’ of state regulations. in reduced springflows that may also potential to affect conditions at spring Grandfathering allows developments to detrimentally impact the salamander. sites occupied by the Salado be exempted from any new local or state The information regarding the salamander, the jurisdiction of TCEQ requirements for water quality controls Edwards Rules described above in does not extend into Bell County. For relation to the Austin blind salamander and impervious cover limits if the this reason, compliance with the also applies to the Georgetown developments were planned prior to the Edwards Rules is not required in this salamander and is incorporated here by implementation of such regulations. As part of the Edwards Aquifer. There are reference. Because of the limited a result of the grandfathering law, very no other local or regional water distribution of the Georgetown few developments have followed these protection measures that have been put salamander, the magnitude of the ordinances. New developments are still in place for areas that feed the springs threats facing it is high. The threats are obligated to comply with regulations known to be occupied by the Salado also imminent because urbanization is salamander. Because of the limited that were applicable at the time when ongoing and continues to expand over distribution of this species, the project applications for development the Northern Segment of the Edwards magnitude of the threats facing it is were first filed. In addition, it is Aquifer. Thus, we retained a listing high. We also consider the threats to be significant that even if they were priority number of 2 for this species. imminent because urbanization is followed with every new development, Salado salamander (Eurycea ongoing and contamination events are these ordinances do not span the entire chisolmensis)—The following summary occurring near spring sites known to watershed for Barton Springs. is based on information in our files. No support Salado salamanders. Thus, we Consequently, development occurring new information was provided in the retained a listing priority number of 2 outside these jurisdictions can have petition received on May 11, 2004. The for this species. negative consequences on water quality Salado salamander is historically known Yosemite toad (Bufo canorus)—The and thus impact the species. Despite from two spring sites, Big Boiling following summary is based on having the Edwards Rules in place and Springs and Robertson Springs, near information contained in our files and the existence of other local ordinances, Salado, Bell County, Texas. the petition received on April 3, 2000. 10 years of trend data continues to show Salamanders have not been located at See also our 12-month petition finding that water quality at Barton Springs is Robertson Springs since 1991. published on December 10, 2002 (67 FR declining. Because of the limited Primary threats to this species are 75834). Yosemite toads are moderately distribution of this species, the habitat modification and degradation of sized toads with females having black magnitude of the threats facing it is water quality and quantity due to spots edged with white or cream that are high. We also consider the threats to be expanding urbanization. Many of the set against a grey, tan or brown imminent because urbanization is spring outlets in the City of Salado have background. Males have a nearly ongoing and continues to expand over been modified by dam construction. uniform coloration of yellow-green to the Barton Springs Segment of the Because Big Boiling Springs is located olive drab to greenish brown. Yosemite Edwards Aquifer and water quality near Interstate 35 and in the center of toads are most likely to be found in continues to degrade. Thus, we retained the city, increasing traffic and areas with thick meadow vegetation or a listing priority number of 2 for this urbanization increase threats of patches of low willows near or in water, species. contamination from spills, higher levels and use rodent burrows for Georgetown salamander (Eurycea of impervious cover, and subsequent overwintering and temporary refuge naufragia)—The following summary is impacts to groundwater. Several during the summer. Breeding habitat based on information in our files. No groundwater contamination incidents includes the edges of wet meadows, new information was provided in the have occurred within Salado slow flowing streams, shallow ponds

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53786 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

and shallow areas of lakes. The historic is based on information contained in northeastern Oklahoma. It also occurs in range of Yosemite toads in the Sierra our files. No new information was a number of watersheds and isolated Nevada occurs from the Blue Lakes provided in the petition received on streams in eastern Colorado, south- region north of Ebbetts Pass (Alpine May 11, 2004. The Black Warrior central and southwestern Kansas, and in County) to south of Kaiser Pass in the waterdog inhabits streams above the the Cimarron watershed in northwest Evolution Lake/ Canyon area Fall Line within the Black Warrior River Oklahoma. The species is most often (Fresno County). The historic Basin in Alabama. There is very little found in small spring-fed streams with elevational range of Yosemite toads is specific locality information available sand substrate and aquatic vegetation. It 1,460 to 3,630 meters (4,790 to 11,910 on the historical distribution of the appears stable at most sites where feet). Black Warrior waterdog since little spring flows persist. It has declined in The threats facing the Yosemite toad attention was given to this species areas where spring flows have decreased include cattle grazing, timber between its description in 1937 and the or been eliminated. We estimate that harvesting, recreation, disease, and 1980’s. There are a total of only 11 currently there are approximately 145 climate change. Inappropriate grazing known historical records from 4 locality occurrences of the Arkansas has shown to cause loss in vegetative Alabama counties. Two of these sites darter distributed across the 5 States. cover and destroying peat layers in have now been inundated by However, status information from much meadows, which lowers the impoundments. Extensive survey work of the Arkansas darter’s range is dated, groundwater table and summer flows. was conducted in the 1990’s to look for and new surveys are needed; some This may increase the stranding and additional populations. Currently, the survey work is being conducted in 2006. mortality of tadpoles, or make these species is known from 14 sites in 5 Major threats to the species include areas completely unsuitable for counties. stream dewatering resulting from Yosemite toads. Grazing can also Water quality degradation is the groundwater pumping in the western degrade or destroy moist upland areas biggest threat to the continued existence portion of the species’ range, and used as non-breeding habitat by of the Black Warrior waterdog. Most development pressures in portions of its Yosemite toads and collapse rodent streams that have been surveyed for the eastern range. Spills and runoff from burrows used by Yosemite toads as waterdog showed evidence of pollution confined animal feeding operations also cover and hibernation sites. Timber and many appeared biologically threaten the species locally throughout harvesting and associated road depauperate. Sources of point and its range. We have retained a listing development could severely alter the nonpoint pollution in the Black Warrior priority number of 11 for this species terrestrial environment and result in the River Basin have been numerous and based on nonimminent threats of a reduction and occasional extirpation of widespread. Pollution is generated from moderate magnitude. amphibian populations in the Sierra inadequately treated effluent from Cumberland darter (Etheostoma Nevada. These habitat gaps may act as industrial plants, sanitary landfills, susanae)—See above in ‘‘Summary of dispersal barriers and contribute to the sewage treatment plants, poultry Listing Priority Changes in Candidates.’’ fragmentation of Yosemite toad habitat operations, and cattle feedlots. Surface The above summary is based on and populations. Trails (foot, horse, mining represents another threat to the information contained in our files. No bicycle, or off-highway motor vehicle) biological integrity of waterdog habitat. new information was provided in the compact soil in riparian habitat, which Runoff from old, abandoned coal mines petition received on May 11, 2004. increases erosion, displaces vegetation, generates pollution through Pearl darter (Percina aurora)—The and can lower the water table. acidification, increased mineralization, following summary is based on Trampling or the collapsing of rodent and sediment loading. The North River, information from our files. No new burrows by recreationists, pets, and Locust Fork, and Mulberry Fork, all information was provided in the vehicles could lead to direct mortality of streams that this species inhabits are all petition received on May 11, 2004. Little all life stages of the Yosemite toad and on the Environmental Protection is known about the specific habitat disrupt their behavior. Various diseases Agency’s list of impaired waters. An requirements or natural history of the have been confirmed in Yosemite toads. additional threat to the Black Warrior Pearl darter. Pearl darters have been Mass die-offs of amphibians have been waterdog is the creation of large collected from rivers and streams with attributed to: Chytrid fungal infections impoundments that have flooded a variety of attributes, but are mainly of metamorphs and adults; Saprolegnia thousands of square hectares (acres) of found over a gravel bottom substrate. fungal infections of eggs; iridovirus its habitat. These impoundments are This species is historically known only infection of larvae, metamorphs, or likely marginal or unsuitable habitat for from localized sites within the adults; and bacterial infections. the salamander. Due to the continuing, Pascagoula and Pearl River drainages in Yosemite toads probably are exposed to imminent, high magnitude of the Louisiana and Mississippi. Currently, a variety of pesticides and other pervasive water quality degradation in the Pearl darter is considered extirpated chemicals throughout their range. the Black Warrior Basin, we assigned a from the Pearl River drainage and rare Environmental contaminants could listing priority number of 2 to this in the Pascagoula River drainage. Since negatively affect the species by causing species. 1983, the range of the Pearl darter has direct mortality; suppressing the decreased by 55 percent. Pearl darters Fishes immune system; disrupting breeding are vulnerable to the cumulative behavior, fertilization, growth or Arkansas darter (Etheostoma impacts of a variety of non-point development of young; and disrupting cragini)—The following summary is pollution types, such as sedimentation the ability to avoid predation. We based on information from our files. No and chemical, and also to more retained a listing priority number of 11 new information was provided in the localized and concentrated pollution for the Yosemite toad since the threats petition received on May 11, 2004. The events. The steady yet gradual change in are of moderate to low magnitude and Arkansas darter is a small fish in the river and tributary geomorphology and the threats are nonimminent at this perch family native to portions of the hydrology over time is believed to time. Arkansas River basin. The species’ range impact this species. Efforts are Black Warrior waterdog (Necturus includes sites in extreme northwestern underway to improve habitat by alabamensis)—The following summary Arkansas, southwestern Missouri, and reducing these threats and to increase

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53787

and augment the numbers of Pearl 1999 and 2005; the species has chucky madtom a listing priority darters through husbandry efforts. The apparently been extirpated in that reach. number of 2. magnitude of threat to this species is Due to imminent threats of a high Grotto sculpin (Cottus sp., sp. nov.)— high due to the species limited and magnitude that are not currently The following summary is based on disjunct populations and threat due to targeted by conservation actions, we information from our files. No new high vulnerability to sedimentation. assigned this species a listing priority information was provided in the However, this threat is nonimminent number of 2. petition received on May 11, 2004. The since no known projects are planned Fluvial arctic grayling, upper Grotto sculpin is restricted to two karst directly affecting the species and the Missouri River DPS (Thymallus areas (limestone regions characterized decline of water quality is slow and arcticus)—We have not updated our by sink holes, abrupt ridges, caves, and gradual. Therefore, we assigned this finding with regard to fluvial arctic underground streams), the Central species a listing priority number of 5. grayling DPS in this notice. We received Perryville Karst and Mystery-Rimstone Rush darter (Etheostoma a petition to list this species on October Karst in Perry County, southeast phytophilum)—See above in ‘‘Summary 2, 1992, and published our 12-month Missouri. Grotto sculpins have been of Listing Priority Changes in finding on July 25, 1994 (59 FR 37738). documented in only 5 caves. The Candidates.’’ The above summary is In the 2004 CNOR (70 FR 24870), we current overall range of the grotto based on information contained in our found that a listing proposal for this sculpin has been estimated to files. No new information was provided species was still warranted but encompass approximately 260 square in the petition received on May 11, precluded by higher priorities, with a kilometers (100 square miles). 2004. listing priority number of 3. We are in The small population size and Yellowcheek darter (Etheostoma the process of considering new endemism of the grotto sculpin make it moorei)—The following summary is information and conducting additional vulnerable to extinction due to genetic based on information from our files. No evaluations regarding the fluvial arctic drift, inbreeding depression, and new information was provided in the grayling. Upon completion, we intend to random or chance changes to the environment. The species’ karst habitat petition received on May 11, 2004. The publish a listing determination for this yellowcheek darter is endemic to four is located down-gradient of the city of DPS species in the Federal Register. headwater tributaries of the Little Red Perryville, Missouri, which poses a Chucky madtom (Noturus River. Factors affecting the remaining potential threat if contaminants from populations include loss of suitable crypticus)—The following summary is this urban area enter cave streams breeding habitat, habitat and water based on information from our files. No occupied by grotto sculpins. Various quality degradation, population new information was provided in the agricultural chemicals, such as isolation, and severe population petition received on May 11, 2004. The ammonia, nitrite/nitrate, chloride, and declines exacerbated by stochastic chucky madtom is a rare catfish known potassium have been detected at levels drought conditions. It is vulnerable to from only 15 specimens collected from high enough to be detrimental to aquatic alterations in physical habitat two Tennessee streams. A lone life within the Perryville Karst area. characteristics such as the individual was collected in 1940 from More than half of the sinkholes in Perry impoundment of Greers Ferry Reservoir, Dunn Creek (a Little Pigeon River County contain anthropogenic refuse, channel maintenance in the Archey tributary) in Sevier County and 14 ranging from household cleansers and Fork, increased sedimentation from specimens have been encountered since sewage to used pesticide and herbicide eroding stream banks and poor riparian 1991 in Little Chucky Creek (a containers. As a result, potential water management, and illegal gravel mining. Nolichucky River tributary) in Greene contamination from various sources of A 2004–2005 threats assessment by County. Only 3 specimens have been point and non-point pollution poses a Service personnel documented encountered since 1994 from two riffle significant threat to the grotto sculpin. occurrences of eroding stream banks, areas in a short reach of Little Chucky Of the 5 cave systems documented to poor riparian management, and illegal Creek. All Little Chucky Creek have grotto sculpins, populations in one gravel mining, and found 52 sites of specimens have been collected from cave system were likely eliminated, these activities on the Middle Fork, 28 stream runs with slow to moderate presumably as the result of point-source sites on the South Fork, 8 sites on current over pea gravel, cobble, or slab- pollution. When the cave was searched Archey Fork, and 1 site in the Turkey/ rock substrates. in the spring of 2000, a mass mortality Beech/Devils Fork system that are Threats to the chucky madtom of grotto sculpin was noted, and potential contributors to the decline of include both extrinsic and intrinsic subsequent visits to the cave have failed the species. The Middle Fork was listed factors. Extrinsic factors include to document a single live grotto sculpin. as an impaired waterbody by the potential degradation of water quality Thus, the species appears to have Arkansas Department of Environmental and breeding and sheltering habitat due suffered a 20-percent decrease in the Quality in 2004 due to excessive primarily to agricultural landuse number of populations from the single bacteria and low dissolved oxygen. practices and secondarily to urban and event. Predatory fish such as common Recent studies have documented rural development in the watersheds of carp, fat-head minnow, yellow bullhead, significant declines in the numbers Little Chucky and Dunn creeks. The green sunfish, bluegill, and channel (60,000 in 1981; 10,300 in 2000) of this Service believes that intrinsic factors catfish occur in all of the caves fish in the remaining populations and including the potential demographic occupied by grotto sculpin. These continuing range restriction within the effects of inbreeding, limited species potential predators may escape surface tributaries (130.4 to 65.0 stream km). distribution, presumed low number of farm ponds that unexpectedly drain According to a 2000 status survey, individuals, and presumed low through sinkholes into the underground yellowcheek darter numbers had fecundity and short life span cave systems and enter grotto sculpin declined over a 20-year period by 83 characteristic of closely related madtom habitat. No regulatory mechanisms are percent in both the Middle Fork and species pose imminent threats of a high in place that would provide protection South Fork, and 60 percent in the magnitude to the chucky madtom in its to the grotto sculpin. Current threats to Archey Fork. No yellowcheek darters only known extant and historic the habitat of the grotto sculpin may were found in the Turkey Fork between locations. Therefore, we assigned the exacerbate potential problems

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53788 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

associated with its low population apparently stable. However, the shiner populations of Zuni bluehead sucker numbers and increase the likelihood of has not been collected since 1976 was the application of fish toxicants extinction. Due to the high magnitude of downstream from the reservoir, and in through at least two dozen treatments in ongoing threats we assigned this species all likelihood the species is completely the Nutria and Pescado rivers between a listing priority number of 2. extirpated from this area, representing a 1960 and 1975. Large numbers of Zuni Sharpnose shiner (Notropis reduction of approximately 54 percent bluehead suckers were killed during oxyrhynchus)—The following summary of its historical range. these treatments. is based on information from our files. The most significant threat to the For several years, the New Mexico No new information was provided in existence of the smalleye shiner is Department of Game and Fish has been the petition received on May 11, 2004. potential reservoir development within the lead agency to develop a The sharpnose shiner is a small, slender its current range. Additional threats conservation plan for Zuni bluehead minnow, endemic to the Brazos River include irrigation and water diversion, sucker. A study funded through section Basin in Texas. Historically, the sedimentation, industrial and municipal 6 of the Act was initiated in 2000, and sharpnose shiner existed throughout the discharges, agricultural activities, in- continued through 2005. The grant Brazos River and several of its major stream sand and gravel mining, and the included funding for development and tributaries within the watershed. It has spread of invasive saltcedar. The current implementation of a Zuni Bluehead also been found in the Wichita River limited distribution of the smalleye Sucker Conservation Plan and the (within the Red River Basin), where it shiner within the Upper Brazos River acquisition of additional information on may have once naturally occurred but Basin makes it vulnerable to distribution, life history, and species has since been extirpated. Current catastrophic events such as the associations. The Zuni Bluehead Sucker information indicates that the introduction of competitive species or Recovery Plan was approved by the population within the Upper Brazos prolonged drought. The magnitude of New Mexico State Game Commission River drainage (upstream of Possum threat is high since the major threat of during a State Game Commission on Kingdom Reservoir) is apparently stable, reservoir development within the December 15, 2004. The Recovery Plan while the population within the Middle current range of the species may render recommends preservation and and Lower Brazos River Basins may its remaining habitat unsuitable. The enhancement of extant populations and only exist in remnant areas of suitable immediacy of threat is nonimminent restoration of historical Zuni bluehead habitat, or may be completely due to major reservoir projects not likely sucker populations. The recovery extirpated, representing a reduction of occurring in the near future and the actions prescribed by the State Recovery approximately 68 percent of its potential implementation of other water Plan that we believe will reduce and historical range. supply options that could preclude remove threats to this subspecies, will The most significant threat to the reservoir development. For these require further discussions and existence of the sharpnose shiner is reasons, we assigned a listing priority authorizations before they can be potential reservoir development within number of 5 to this species. implemented. Still, because of the its current range. Additional threats Zuni bluehead sucker (Catostomus ongoing threats of high magnitude, include irrigation and water diversion, discobolus yarrowi)—The following including loss of habitat, degradation of sedimentation, industrial and municipal summary is based on information remaining habitat, and others (i.e., discharges, agricultural activities, in- contained in our files. No new drought and fire), we maintained the stream sand and gravel mining, and the information was provided in the current listing priority number of 3 for spread of invasive saltcedar. The current petition received on May 11, 2004. The this subspecies. limited distribution of the sharpnose range of the Zuni bluehead sucker has shiner within the Upper Brazos River been reduced by over 90 percent. The Clams Basin makes it vulnerable to Zuni bluehead sucker currently Texas hornshell (Popenaias popei)— catastrophic events such as the occupies 9 river miles in 4 areas of New The following summary is based on introduction of competitive species or Mexico, and approximately 6 miles in information from our files. No new prolonged drought. The magnitude of one stream of Arizona. Zuni bluehead information was provided in the threat is high since the major threat of sucker range reduction and petition received on May 11, 2004. The reservoir development within the fragmentation is caused by Texas hornshell is a freshwater mussel current range of the species may render discontinuous surface water flow, found in the of New Mexico its remaining habitat unsuitable. The separation of inhabited reaches by and one confirmed locality in the immediacy of threat is nonimminent reservoirs, and habitat degradation from mainstem Rio Grande of Texas and due to major reservoir projects not likely fine sediment deposition. The principal Mexico. The primary threats are habitat occurring in the near future and the uses of surface and ground water within alterations such as stream bank potential implementation of other water the watershed are human channelization, impoundments, and supply options that could preclude consumption, raising livestock, and diversions for agriculture and flood reservoir development. For these irrigation. Diverting water for control; contamination of water by the reasons, we assigned a listing priority agricultural use is the primary purpose oil and gas industry; alterations in the number of 5 to this species. of at least five impoundments, and natural riverine hydrology; and Smalleye shiner (Notropis buccula)— several other reservoirs act as flood- increased sedimentation from prolonged The following summary is based on control structures. Degradation of the overgrazing and loss of native information from our files. No new upper watershed has led to increased vegetation. Riverine habitats in both the information was provided in the sedimentation, and many of the Black River and the Rio Grande are petition received on May 11, 2004. The reservoirs are now only shallow, under constant threats from these smalleye shiner is a small, pallid eutrophic (low oxygen) ponds or adverse changes. The magnitude of minnow endemic to the Brazos River wetlands with little or no storage threats is high because of the existence Basin in Texas. The population of capacity. The impoundments have also of only one confirmed location in New smalleye shiners within the Upper changed the downstream channel Mexico and Texas each, which makes Brazos River drainage (upstream of morphology and substrate composition this species highly vulnerable to Possum Kingdom Reservoir) is of streams. Another major impact to extinction. The threats are imminent

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53789

because past alterations to riverine occurred due to habitat degradation This species has been extirpated from habitats have already occurred that attributed to impoundments, mining, numerous regional streams and is no resulted in the much reduced sedimentation, and agricultural longer found in the State of Kentucky. distribution of this species and demands pollutants. Rapid development and The slabside pearlymussel was for water from the Rio Grande continue urbanization in the Illinois River historically known from at least 32 to increase and make future habitat watershed will likely continue to streams but is currently restricted to no degradation likely. Thus, we maintained increase sedimentation and more than 10 isolated stream segments. the listing priority number of 2 for this eutrophication to this river but Current status information for most of species. populations are currently stable in this the nine populations deemed to be Fluted kidneyshell (Ptychobranchus river. The remaining extant populations extant is available from recent periodic subtentum)—The following summary is are vulnerable to random catastrophic sampling efforts (sometimes annually) based on information from our files. No events (e.g., flood scour, drought, toxic and other field studies. Comprehensive new information was provided in the spills), land use changes within the surveys have taken place in the Middle petition received on May 11, 2004. The limited range, and genetic isolation and and North Forks Holston River, Paint fluted kidneyshell is a freshwater the deleterious effects of inbreeding. Rock River, and Duck River in the past mussel (Unionidae) endemic to the These threats have led to the species several years. Based on recent Cumberland and Tennessee River being intrinsically vulnerable to information, the overall population of systems (Cumberlandian Region) in extirpation. Although State regulations the slabside pearlymussel is declining Alabama, Kentucky, Tennessee, and limit harvest of this species, there is rangewide and the species remains in Virginia. It requires shoal habitats in little protection for habitat. The threats good numbers and is clearly viable in free-flowing rivers to survive and are high in magnitude, as they occur just four streams. Two of the four largest successfully recruit new individuals throughout the range of this species. populations have undergone recent into its populations. Habitat destruction While some of the threats are ongoing declines (i.e., Middle and upper North and alteration (e.g., impoundments, and thus, imminent, others are Fork Holston Rivers) and most of the sedimentation, and pollutants) are the nonimminent, but on the balance are other populations are of doubtful chief factors contributing to its decline. nonimminent. Thus, we assigned a viability for the long term. Since the This species has been extirpated from listing priority number of 5 to this nine remaining populations of the numerous regional streams and is no species. slabside pearlymussel face potential longer found in the State of Alabama. Alabama pearlshell (Margaritifera threats from impoundments, The fluted kidneyshell was historically marrianae)—The following summary is sedimentation, small population size, known from at least 37 streams but is based on information from our files. No isolation of populations, gravel mining, currently restricted to no more than 14 new information was provided in the municipal pollutants, agricultural run- isolated stream segments, of which only petition received on May 11, 2004. The off, nutrient enrichment, and coal 1 (upper Clinch River) appears to be Alabama pearlshell inhabits shallow processing pollution, the threats are stable and viable. The threats are high riffles and pool margins of small creeks high in magnitude but are in magnitude since all populations of and streams of southwest Alabama. nonimminent. Thus, we continue to this species are potentially threatened Only three populations of Alabama assign a listing priority number of 5 to by impoundments, sedimentation, small pearlshell have been confirmed to this mussel. population size, isolation of survive during the past 15 years. One of Georgia pigtoe (Pleurobema populations, gravel mining, municipal these has declined significantly over the hanleyanum)—The following summary pollutants, agricultural run-off, nutrient past few years, apparently due to is based on information contained in enrichment, and coal processing increased sedimentation at this location our files. No new information was pollution. However, the threats are and possibly other forms of non-point provided in the petition received on nonimminent at this time, and therefore, source (NPS) pollution. The other two May 11, 2004. The Georgia pigtoe was we retained a listing priority number of populations appear to be small, but historically found in shallow runs and 5 for this mussel. relatively stable and recruiting. We riffles in large creeks and rivers of the Neosho mucket (Lampsilis assigned the Alabama pearlshell a Coosa River drainage of Alabama, rafinesqueana)—The following listing priority of 2 due to the Georgia, and Tennessee. The species is summary is based on information from vulnerability of small stream habitat to currently known from localized portions our files. No new information was continuing NPS pollution and the of the upper Conasauga River in Murray provided in the petition received on decline of one of three known and Whitfield Counties, Georgia. In May 11, 2004. The Neosho mucket is a populations. 2005, the Coosa River in Cherokee freshwater mussel native to Arkansas, Slabside pearlymussel (Lexingtonia County, Alabama, was removed as Kansas, Missouri, and Oklahoma. The dolabelloides)—The following summary ‘‘Current Range,’’ due to a lack of species has been extirpated from is based on information from our files. documentation that the species approximately 62 percent (835 river No new information was provided in continues to exist at that locality. The miles) of its range, most of which has the petition received on May 11, 2004. Georgia pigtoe is very rare, with only a occurred in Kansas and Oklahoma. The The slabside pearlymussel is a few observations of living animals over Neosho mucket survives in four river freshwater mussel (Unionidae) endemic the past 15 years. Impoundment and drainages, however, only two of these, to the Cumberland and Tennessee River pollution are implicated in the decline the Spring and Illinois Rivers, currently systems (Cumberlandian Region) in and disappearance of the species; support relatively large populations. Alabama, Kentucky, Tennessee, and pollution remains an ongoing threat. We Significant portions of the historic Virginia. It requires shoal habitats in assigned the Georgia pigtoe a listing range have been inundated by the free-flowing rivers to survive and priority of 2 due to its restricted range construction of at least 11 dams. successfully recruit new individuals and continued lack of success in Channel instability downstream of these into its populations. Habitat destruction locating living animals. dams has further reduced suitable and alteration (e.g., impoundments, Altamaha spinymussel (Elliptio habitat and mussel distribution. Range sedimentation, and pollutants) are the spinosa)—See above in ‘‘Summary of restriction and population declines have chief factors contributing to its decline. Listing Priority Changes in Candidates.’’

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53790 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

The above summary is based on contained in our files. No new hurricanes (1987, 1990, and 1991). information contained in our files. No information was provided in the Under natural historic conditions, loss new information was provided in the petition received on May 11, 2004. of forest canopy to storms did not pose petition received on May 11, 2004. Interrupted rocksnails historically a great threat to the long-term survival occurred in shoals, riffles, and reefs of of these snails; enough intact forest with Snails small to large rivers in the Coosa River healthy populations of snails would Ogden mountainsnail (Oreohelix Basin of Alabama and Georgia. Today, support dispersal back into newly peripherica wasatchensis)—The only a single surviving natural regrown canopy forest. However, the following summary is based on population is known from a short reach presence of alien weeds such as mile-a- information from our files. No new of the Coosawattee River, Georgia. minute vine (Mikania micrantha) and information was provided in the During a 1999 census, 10 to 45 weedy tree species such as Funtumia petition received on May 11, 2004. The interrupted rocksnail snails per square elastica may reduce the likelihood that Ogden mountain snail is known from a meter were found in this reach. In 2004, native forest will re-establish in areas single population near the mouth of a 6 man-hour search was required to damaged by the hurricanes. This loss of Ogden Canyon, Weber County, Utah. find 20 individuals. We believe water habitat to storms is greatly exacerbated The total occupied habitat is an area quality was the cause of this decline. A by an expanding agriculture. approximating 100 meters (328 ft) wide captive colony of approximately 200 Agricultural plots have spread from low by 1 kilometer (0.5 miles) long. The snails was established at the Tennessee elevation up to middle and some high restricted range of this snail, the Aquarium Research Institute (TNARI) in elevations on all the islands, greatly proximity to an expanding residential 2000 for study and propagation. During reducing the forest area and thus area, and impacts from relatively heavy the winter of 2003, the Alabama reducing the resilience of native forests recreational use, makes it vulnerable to Department of Conservation and Natural and its populations of native snails. extirpation from stochastic or human- Resources (ADCNR) released about 3000 These reductions also increase the caused events. Threats to the colony juvenile interrupted rocksnails from the likelihood that future storms will lead to have not substantially changed or TNARI colony into the Coosa River the extinction of populations or species increased over the past year. Recent above Wetumpka, Elmore County, that rely on the remaining canopy forest. molecular phylogenic studies are Alabama. In 2004 and 2005 In an effort to eradicate the giant African expected to clarify the level of approximately 1200 and 3000 juvenile snail, Euglandia rosea and another alien uniqueness of this taxon. With the snails, respectively, from the TNARI predatory snail, Gonaxis kibweziensis, threats continuing at a moderate to low culture were released at the lower Coosa were introduced in 1980 and 1977, and imminent level, we retained a River site by ADCNR. A small number respectively. Euglandia rosea have listing priority number of 9 for this of the 2003 hatchery-cultured spread throughout the main island of subspecies. interrupted rocksnails were observed in Tutuila and by 1984 was considered to Bonneville pondsnail (Stagnicola the vicinity of the release site in 2005. bonnevillensis)—The following be well-established on Tutuila. Gonaxis The magnitude of threat is high for this kibweziensis is also present on Tutuila summary is based on information species since it is only known from one contained in our files. No new though it seems to be in decline. naturally occurring site. Despite the Numerous studies show that E. rosea information was provided in the ongoing conservation efforts, threats petition received on May 11, 2004. The feeds on endemic island snails remain imminent, as water quality including the sisi, and is a major agent fat-whorled pondsnail, also known as degradation of the stream is currently the Bonneville pondsnail, occupies four in their declines and extirpations. At occurring and evident, in that the present, the major threat to long-term spring pools north of the Great Salt Lake natural population has undergone a in Box Elder County, Utah. While the survival of the native snail fauna in precipitous decline. Thus, we assigned American Samoa is predation by number of individuals is unknown, the a listing priority of 2 to the interrupted total known occupied habitat is less nonnative predatory snails. There are no rocksnail. conservation efforts being implemented than one hectare. As a result of the Sisi snail (Ostodes strigatus)—The to alleviate these threats and all these implementation of a Conservation following summary is based on threats are ongoing and are therefore Agreement and Strategy, surveys are information contained in our files. No imminent. Since the threats occur being conducted to determine if other new information was provided in the populations are present. Previous and petition received on May 11, 2004. The throughout the entire range of the ongoing threats include chemical sisi snail is a ground-dwelling species in species, they are of a high magnitude. contamination of the groundwater. the Potaridae family and is endemic to Therefore we assigned this species an Significant actions are underway to American Samoa. The species is now LPN of 2. remediate this threat, including known from a single population on the Diamond Y Spring snail implementation of a Corrective Action island of Tutuila, American Samoa. (Pseudotryonia adamantina) and Plan to characterize and remediate This species is currently threatened Gonzales springsnail (Tryonia groundwater contamination, by habitat loss and modification and by circumstriata)—The following summary implementation of a site management predation from nonnative predatory is based on information from our files. plan, and development of a groundwater snails. The decline of the sisi in No new information was provided in model and risk assessment. These American Samoa have resulted, in part, the petition received on May 11, 2004. efforts have not been underway for a from loss of habitat to forestry and Diamond Y Spring snail and Gonzales sufficient period to reduce the threat agriculture and loss of forest structure to springsnail are small aquatic snails from contamination, so we retained a hurricanes and alien weeds that endemic to Diamond Y Spring in Pecos listing priority number of 8 for this establish after these storms. All live sisi County, Texas. The spring and its species, reflecting imminent threats of a snails have been found in the leaf litter outflow channel are owned and moderate magnitude. beneath remaining intact forest canopy. managed by The Nature Conservancy. Interrupted rocksnail (Leptoxis No snails were found in areas bordering These snails are primarily threatened foremani (= downei)—The following agricultural plots or in forest areas that with habitat loss due to springflow summary is based on information were severely damaged by three declines from drought and from

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53791

pumping of groundwater. Additional are imminent. Therefore, we assigned snail is a member of the Partulidae threats include water contamination this species a listing priority number of family of snails, and was originally from accidental releases of petroleum 2. known from the island of Guam and the products, as their habitat is in an active Guam tree snail (Partula radiolata)— Commonwealth of the Northern Mariana oil and gas field. Also, a nonnative The following summary is based on Islands (islands of Rota, Aguijan, aquatic snail (Melanoides sp.) was information contained in our files. No Tinian, Saipan, Anatahan, Sarigan, recently introduced into the native new information was provided in the Alamagan, and Pagan). Most recent snails’ habitat and may compete with petition received on May 11, 2004. A surveys revealed a total of 28 endemic snails for space and resources. tree-dwelling species, the Guam tree populations on the islands of Guam, The magnitude of threats is high snail is a member of the Partulidae Rota, Aguijan, Tinian, Anatahan, because limited distribution of these family of snails and is endemic to the Sarigan, Alamagan, and Pagan. narrow endemics makes any impact island of Guam. Requiring cool and Although still the most widely from increasing threats (e.g., loss of shaded native forest habitat, the species distributed tree snail endemic in the springflow, contaminants, nonnative is now known from only 11 populations Mariana Islands, remaining population species) likely to result in the extinction on Guam. This species is currently sizes are often small. of the species. These species occur in threatened by habitat loss and This species is currently threatened one location in an arid region currently modification and by predation from by habitat loss and modification and by plagued by drought and ongoing aquifer nonnative predatory snails. On Guam, predation from nonnative predatorial withdrawals, making the eventual loss open agricultural fields and other areas snails. In recent times, remaining prone to erosion were seeded with of spring flow an imminent threat of populations of the snail have been tangantangan (Leucaena leucocephala) total habitat loss. Thus, we maintain the threatened by ongoing development. For by the U.S. Military. Tangantangan listing priority number of 2 for both example, a road was cut within the grows as a single species stand with no species. coastal area containing the remaining substantial understory. The Fragile tree snail (Samoana fragilis)— three Guam populations of the snail, microclimatic condition is dry, with The following summary is based on and it is believed that the decline in little accumulation of leaf litter humus information contained in our files. No these populations may be due to the and is particularly unsuitable as Guam new information was provided in the indirect effects of this road. Throughout tree snail habitat. In addition, native the Mariana Islands, feral ungulates petition received on May 11, 2004. A forest cannot reestablish and grow tree-dwelling species, the fragile tree where this alien weed has become (pigs (Sus scrofa), Philippine deer snail is a member of the Partulidae established. Large numbers of pigs, (Cervus mariannus), cattle (Bos taurus), family of snails and is endemic to the goats, and deer, along with extensive water buffalo (Bubalus bubalis), and islands of Guam and Rota (Mariana logging, further contribute to the goats (Capra hircus)) have caused severe Islands). Requiring cool and shaded expansion of savanna grasslands and damage to native forest vegetation by native forest habitat, the species is now directly alter the understory plant browsing directly on plants, causing known only from a single population on community and overall forest erosion, and retarding forest growth and Rota. This species is currently microclimate. Savanna grassland habitat regeneration. This in turn reduces the threatened by habitat loss and is unsuitable for tree snails. Predation quantity and quality of forested habitat modification and by predation from by the alien rosy carnivore snail for the humped tree snail. Currently, nonnative predatory snails. On Rota, (Euglandina rosea) is a serious threat to populations of feral ungulates are found large numbers of pigs, goats and deer, the survival of the Guam tree snail. on the islands of Guam (deer, pigs, and along with extensive logging, further Field observations have established that water buffalo), Rota (deer and cattle), contribute to the expansion of savanna the rosy carnivore snail will readily feed Aguiguan (goats), Tinian (cattle), Saipan grasslands and directly alter the on native Pacific island tree snails, (deer, pigs, and cattle), Anatahan (pigs understory plant community and overall including the Partulidae, such as those and goats), Alamagan (goats, pigs, and forest microclimate. Savanna grassland of the Mariana Islands. The rosy cattle), and Pagan (cattle, goats, and habitat is unsuitable for tree snails. carnivore snail has caused the pigs). Goats were eradicated from Predation by the alien rosy carnivore extirpation of many populations and Sarigan in 1998 and the humped tree snail (Euglandina rosea) is a serious species of native snails throughout the snail has increased in abundance on threat to the survival of the fragile tree Pacific islands. All of the threats occur that island, likely in response to the snail. Field observations have range wide and no efforts to control or removal of all the goats. However, the established that the rosy carnivore snail eradicate the nonnative predatory snail population of humped tree snails on will readily feed on native Pacific island species or to reduce habitat loss are Anatahan is likely extirpated due to the tree snails, including the Partulidae, being undertaken. The magnitude of massive volcanic explosions of the such as those of the Mariana Islands. threats is high because limited island beginning in 2003 and still The rosy carnivore snail has caused the distribution of this narrow endemic continuing, and the resulting loss of up extirpation of many populations and makes any impact from increasing to 95 percent of the vegetation on the species of native snails throughout the threats (e.g., nonnative species) likely to island. Predation by the alien rosy Pacific islands. All of the threats occur result in the extinction of the species. carnivore snail (Euglandina rosea) is rangewide and no efforts to control or The threats are also ongoing and thus also a serious threat to the survival of eradicate the nonnative predatory snail are imminent. Therefore, we assigned the Humped tree snail. Field species or to reduce habitat loss are this species a listing priority number of observations have established that the being undertaken. The magnitude of 2. rosy carnivore snail will readily feed on threats is high because limited Humped tree snail (Partula gibba)— native Pacific island tree snails, distribution of this narrow endemic The following summary is based on including the Partulidae such as those makes any impact from increasing information contained in our files. No of the Mariana Islands. The rosy threats (e.g., nonnative species) likely to new information was provided in the carnivore snail has caused the result in the extinction of the species. petition received on May 11, 2004. A extirpation of many populations and The threats are also ongoing and thus tree-dwelling species, the humped tree species of native snails throughout the

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53792 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

Pacific islands. All of the threats occur based on information contained in our production. The abandoned fields and range-wide and no efforts to control or files. No new information was provided airstrip are now overgrown with alien eradicate the nonnative predatory snail in the petition received on May 11, weeds. The remaining native forest species or to reduce habitat loss are 2004. A tree-dwelling species, P. understory has greatly suffered from being undertaken. The magnitude of variabilis is a member of the large and uncontrolled populations of threats is high because limited Achatinellidae family of snails. alien goats and the invasion of weeds. distribution of this species makes any Endemic to the island of Lanai, the Goats (Capra hircus) have caused severe impact from increasing threats (e.g., species is currently known from 12 damage to native forest vegetation by nonnative species) likely to result in the populations totaling 90 individuals. browsing directly on plants, causing extinction of the species. The threats are This species is highly threatened erosion, and retarding forest growth and also ongoing and thus are imminent. throughout its limited range by habitat regeneration. This in turn reduces the Therefore, we assigned this species a loss and modification and by predation quantity and quality of forested habitat listing priority number of 2. from rats. No efforts are being for Langford’s tree snail. Predation by Lanai tree snail (Partulina undertaken to remove rats in areas that the alien rosy carnivore snail semicarinata)—The following summary P. variabilis occur. The threat from this (Euglandina rosea) is also a serious is based on information contained in predator is expected to continue or threat to the survival of Langford’s tree our files. No new information was increase unless the rats are actively snail. Field observations have provided in the petition received on controlled or eradicated. Habitat loss established that the rosy carnivore snail May 11, 2004. A tree-dwelling species, also continues due to the trampling and will readily feed on native Pacific island P. semicarinata is a member of the browsing of native vegetation required tree snails, including the Partulidae Achatinellidae family of snails. by P. variabilis by nonnative ungulates. such as those of the Mariana Islands. Endemic to the island of Lanai, the Although the snails are in an area to be The rosy carnivore snail has caused the species is currently known from 3 fenced, until the fence is constructed extirpation of many populations and populations totaling 29 individuals. and the ungulates have been removed, species of native snails throughout the This species is highly threatened the habitat will continue to be degraded. Pacific islands. All of the threats occur throughout its limited range by habitat The small number of individuals and rangewide and no efforts to control or loss and modification and by predation the small number of populations make eradicate the nonnative predatory snail from rats. No efforts are being this species very susceptible to the species or to reduce habitat loss are undertaken to remove rats in areas that negative effects of stochastic events being undertaken. The magnitude of P. semicarinata occur. The threat from such as hurricanes and storms. There is threats is high because limited this predator is expected to continue or a population in captivity that is distribution of this narrow endemic increase unless the rats are actively protected from the effects of unexpected makes any impact from increasing controlled or eradicated. Habitat loss droughts, though the effects of severe threats (e.g., nonnative species) likely to also continues due to the trampling and storms may still affect this population as result in the extinction of the species. browsing of native vegetation required evidenced by the loss of snails when a The threats are also ongoing and thus by P. semicarinata by nonnative severe flood interrupted the power are imminent. Therefore, we assigned ungulates. Although the snails are in an supply to the University and this species a listing priority number of area to be fenced, until the fence is temperatures increased within the 2. constructed and the ungulates have environmental chambers containing the been removed, the habitat will continue Phantom Cave snail (Cochliopa snails. In addition, these snails are to be degraded. The small number of texana) and Phantom springsnail likely subjected to the same concerns of individuals and the small number of (Tryonia cheatumi)—The following reproductive vigor and loss of genetic populations make this species very summary is based on information from variability as the wild population. The susceptible to the negative effects of our files. No new information was magnitude of threats is high because stochastic events such as hurricanes and provided in the petition received on limited distribution of this narrow storms. There is a population in May 11, 2004. Phantom Cave snail and endemic makes any impact from captivity that is protected from the Phantom springsnail are small aquatic increasing threats (e.g., nonnative effects of unexpected droughts, though snails that occur in three spring species) likely to result in the extinction the effects of severe storms may still outflows in the Toyah Basin in Reeves affect this population as evidenced by of the species. The threats are also and Jeff Davis Counties, Texas. The the loss of snails when a severe flood ongoing and thus are imminent. primary threat to both species is the loss interrupted the power supply to the Therefore, we assigned this species a of surface flows due to declining University and temperatures increased listing priority number of 2. groundwater levels from drought and within the environmental chambers Langford’s tree snail (Partula pumping for agricultural production. containing the snails. In addition, these langfordi)—The following summary is Although much of the land immediately snails are likely subjected to the same based on information contained in our surrounding their habitat is owned and concerns of reproductive vigor and loss files. No new information was provided managed by The Nature Conservancy, of genetic variability. The magnitude of in the petition received on May 11, Bureau of Reclamation, and Texas Parks threats is high because limited 2004. A tree-dwelling species, and Wildlife Department, the water distribution of this narrow endemic Langford’s tree snail is a member of the needed to maintain their habitat has makes any impact from increasing Partulidae family of snails and is known declined due to a reduction in spring threats (e.g., nonnative species) likely to from one population on the island of flows, possibly as a result of private result in the extinction of the species. Aguiguan. This species is currently groundwater pumping in areas beyond The threats are also ongoing and thus threatened by habitat loss and that controlled by these landowners. As are imminent. Therefore, we assigned modification and by predation from an example, Phantom Lake Spring, one this species a listing priority number of nonnative predatorial snails. In the of the sites of occurrence, has already 2. 1930s, the island of Aguiguan was ceased flowing and aquatic habitat is Lanai tree snail (Partulina mostly cleared of native forest to supported only by a pumping system. variabilis)—The following summary is support sugar cane and pineapple The magnitude of the threats is high

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53793

because spring flow loss would result in Gonaxis kibweziensis is also present on contained in our files. No new complete habitat destruction and Tutuila though it seems to be in decline. information was provided in the permanent elimination of all Numerous studies show that E. rosea petition received on May 11, 2004. populations of the species. The feeds on endemic island snails, Pyrgulopsis notidicola is endemic to immediacy of the threats is imminent, including the Tutuila tree snail, and is Soldier Meadow, which is located at the as evidenced by the drastic decline in a major agent in their declines and northern extreme of the western arm of spring flow at Phantom Lake Spring that extirpations. At present, the major threat the Black Rock Desert, in the transition is happening now and will likely to the long-term survival of the native zone between the Basin and Range extirpate this population in the near snail fauna in American Samoa is Physiographic Province and the future. Declining spring flows in San predation by nonnative predatory snails. Columbia Plateau Province, Humboldt Solomon Spring are also becoming There are currently no conservation County, Nevada. The type locality, and evident and will affect that spring site efforts being implemented to alleviate the only known location of the species, as well within the foreseeable future. the threats to this species. The occurs in a stretch of thermal (between Thus, we maintained the listing priority magnitude of threats is high because 45° Celsius (C) (113° Fahrenheit (F)) and number of 2 for both species. limited distribution of this narrow 32 °C (90 °F)) aquatic habitat that is Tutuila tree snail (Eua zebrina)—The endemic makes any impact from approximately 300 m (984 ft) long and following summary is based on increasing threats (e.g., nonnative 2 m (6.7 ft) wide. Pyrgulopsis notidicola information contained in our files. No species) likely to result in the extinction occurs only in shallow, flowing water new information was provided in the of the species. The threats are also on gravel substrate. The species does petition received on May 11, 2004. A ongoing and thus are imminent. not occur in deep water (i.e., tree-dwelling species, the Tutuila tree Therefore, we assigned this species a impoundments) where water velocity is snail is a member of the Partulidae listing priority number of 2. low, gravel substrate is absent, and family of snails and is endemic to Chupadera springsnail (Pyrgulopsis sediment levels are high. The present or American Samoa. The species is now chupaderae)—The following summary threatened destruction, modification, or known only from two populations on is based on information contained in curtailment of its habitat or range by the island of Tutuila. our files and the petition received on recreational bathers in the thermal This species is currently threatened November 20, 1985. See also our 12- waters is the greatest threat to the by habitat loss and modification and by month petition finding published on species. The small size of their habitat predation from nonnative predatory October 4, 1988 (53 FR 38969). This and their limited range makes them snails. All live Tutuila tree snails were aquatic species is endemic to Willow highly susceptible to any factors that found on understory vegetation beneath Spring on the Willow Spring Ranch negatively affect their habitat. remaining intact forest canopy. No (formerly Cienega Ranch) at the south Regulatory mechanisms are beginning to snails were found in areas bordering end of the Chupadera Mountains in be put in place, but few actions have agricultural plots or in forest areas that Socorro County, New Mexico. The been implemented to date. Based on were severely damaged by three Chupadera springsnail has been imminent threats of high magnitude, we hurricanes (1987, 1990, and 1991). documented from two hillside retained a listing priority number of 2 Under natural historical conditions, loss groundwater discharges that flow for this species. of forest canopy to storms did not pose through grazed areas among rhyolitic a great threat to the long-term survival gravels containing sand, mud, and Gila springsnail (Pyrgulopsis gilae)— of these snails; enough intact forest with hydrophytic plants. Regional and local The following summary is based on healthy populations of snails would groundwater depletion, springrun information contained in our files and support dispersal back into newly dewatering, and riparian habitat the petition received on November 20, regrown canopy forest. However, the degradation represent the principal 1985. Also see our 12-month petition presence of alien weeds such as mile-a- threats. The survival and recovery of the finding published on October 4, 1988 minute vine (Mikania micrantha) and Chupadera springsnail is contingent (53 FR 38969). The Gila springsnail is weedy tree species such as Funtumia upon protection of the riparian corridor an aquatic species known from 13 elastica, may reduce the likelihood that immediately adjacent to Willow Spring populations in New Mexico. The long- native forest will re-establish in areas and the availability of perennial, term persistence of the Gila springsnail damaged by the hurricanes. This loss of oxygenated flowing water within the is contingent upon protection of the habitat to storms is greatly exacerbated species’ thermal range. Due to several riparian corridor immediately adjacent by an expanding agricultural footprint. factors, including the extremely to springhead and springrun habitats Agricultural plots have spread from low localized distribution of the snail, its (i.e., habitat at the springhead and along elevation up to middle and some high occurrence only on private property, the the watercourse running from the elevations on all the islands, greatly lack of regulatory protection of its springhead), thereby ensuring the reducing the forest area and thus habitat, and the inability of land maintenance of perennial, oxygenated reducing the resilience of native forests managers to participate in its flowing water within the species’ and its populations of native snails. management, the magnitude of the required thermal range. Sites on both These reductions also increase the threats to this species is high. There is private and Federal lands are subject to likelihood that future storms will lead to an imminent threat to this species levels of recreational use and livestock the extinction of populations or species because the threats are ongoing (e.g., grazing that negatively affect this that rely on the remaining canopy forest. grazing of cattle, water withdrawal, and species, thus placing the long-term In an effort to eradicate the giant African fire). Therefore, due to the continuing survival of the Gila springsnail at risk. snail, Euglandina rosea and another high magnitude and imminence of Natural events such as drought, forest alien predatory snail, Gonaxis threats to this species, we retained a fire, sedimentation, and flooding; kibweziensis, were introduced in 1980 listing priority number of 2 for this wetland habitat degradation by and 1977, respectively. Euglandia rosea species. recreational bathing in thermal springs; have spread throughout the main island Elongate mud meadows springsnail and poor watershed management of Tutuila and by 1984, was considered (Pyrgulopsis notidicola)—The following practices represent the primary threats to be well established on Tutuila. summary is based on information to the Gila springsnail. Fire suppression

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53794 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

activities and fire retardant chemicals River in the Gila National Forest in biologists no longer entails snail have potentially deleterious effects on Grant County, New Mexico. The long- removal, which appears to have had a this species. Because several of the term persistence of the New Mexico temporary positive impact on springs occur on U.S. Forest Service springsnail is contingent upon population numbers. The threat of land, management options for the protection of the riparian corridor groundwater withdrawal is not protection of the snail should be immediately adjacent to springhead and imminent because recent studies possible. However, randomly occurring springrun habitats (i.e., habitat at the indicate that the groundwater system of events, especially fire and drought, springhead and along the watercourse the Verde Valley has not yet been could have a major impact on the running from the springhead), thereby affected by development, and base flow species. Moderate use by ensuring the maintenance of perennial, in the Valley has remained recreationalists and livestock is ongoing. oxygenated flowing water within the virtually unchanged since 1915. If these uses remain at current or lower species’ required thermal range. While However, the magnitude of threats is levels, they will not pose an imminent the New Mexico springsnail populations high because limited distribution of this threat to the species. Of greater concern may be stable, the sites inhabited by the narrow endemic makes any impact from is the current drought that could affect species are subject to levels of the threat (e.g., groundwater spring discharge and which increases recreational use and livestock grazing withdrawal) likely to result in the the potential for fire. Significant fires that can negatively affect this species. extinction of the species. Therefore, we have occurred in the Gila National Wetland habitat degradation by retained a listing priority number of 5 Forest, and subsequent floods and ash recreational use and overgrazing in or for this species. flows have severely affected aquatic life near the thermal springs and/or Three Forks springsnail (Pyrgulopsis in streams. If the drought continues or inadequate watershed management trivialis)—The following summary is worsens, the imminence of threats from practices represent the primary threats based on information from our files. No decreased discharge or fire will to the New Mexico springsnail. new information was provided in the increase. Based on these nonimminent Moderate use by recreationalists and petition received on May 11, 2004. The threats that are currently of a low livestock is ongoing. If these uses Three Forks springsnail is an endemic magnitude, we retained a listing priority remain at the current or lower levels, species with distribution limited to the number of 11 for this species. they will not pose an imminent threat Three Forks Springs and Boneyard Gonzales springsnail (Tryonia to the species. Of greater concern is the Springs spring complexes in the North circumstriata)—See paragraph above current drought, which could affect Fork East Fork Black River Watershed of under Diamond Y Spring snail spring discharge and increases the east-central Arizona. The springsnail is (Pseudotryonia adamantina). potential for fire. Significant fires have known from free-flowing spring heads, Huachuca springsnail (Pyrgulopsis occurred in the Gila National Forest and concrete boxed spring heads, spring thompsoni)—The following summary is subsequent floods and ash flows have runs, and spring seepage at these sites. based on information from our files. No severely affected aquatic life in streams. The primary threats include habitat new information was provided in the If the drought continues or worsens, the modification from recreational petition received on May 11, 2004. The imminence of threats from decreased activities, damage from elk wallowing, Huachuca springsnail inhabits 13 discharge and fire will increase. Based and predation from nonnative crayfish. springs and cienegas at elevations of on these nonimminent threats of a low The Arizona Game and Fish Department 4,500 to 7,200 feet in southeastern currently maintains an active magnitude, we retained a listing priority Arizona (11 sites) and adjacent portions monitoring program for the Three Forks number of 11 for this springsnail. of Sonora, Mexico (2 sites). The springsnail in cooperation with the U.S. springsnail is typically found in the Page springsnail (Pyrgulopsis Fish and Wildlife Service and U.S. shallower areas of springs or cienegas, morrisoni)—The following summary is Forest Service. This program includes often in rocky seeps at the spring based on information from our files. No population monitoring, habitat source. Potential threats include habitat new information was provided in the sampling, and removal of nonnative modification, wildfire, cattle grazing, petition received on May 11, 2004. The predatory crayfish. However, in the and groundwater pumping. Recent Page springsnail is known to exist only absence of a management strategy to communication with personnel from within a complex of springs located effectively address the threat from both Fort Huachuca indicates they are in the within an approximately 1.5-kilometer elk and crayfish in the long-term, the process of evaluating the status of this (0.93-mile) stretch along the west side of threats are ongoing and therefore, species on Department of Defense lands Oak Creek around the community of imminent. The magnitude of threats is and developing conservation strategies; Page Springs, Yavapai County, Arizona. high because limited distribution of this this may result in a reduction or Many of the springs where the narrow endemic makes any impact from elimination of threats in the future. springsnail occurs have been subjected the threats likely to result in the Currently, however, due to to some level of modification for extinction of the species. Therefore, we nonimminent threats of a high domestic, agricultural, ranching, fish retained a listing priority number of 2 magnitude, we retained a listing priority hatchery, and recreational activities. for the Three Forks springsnail. number of 5 for this species. Arizona Game and Fish Department Newcomb’s tree snail (Newcombia New Mexico springsnail (Pyrgulopsis management plans for the Bubbling cumingi)—The following summary is thermalis)—The following summary is Ponds and Page Springs fish hatcheries based on information contained in our based on information contained in our include commitments to replace lost files. No new information was provided files and the petition received on habitat and to monitor remaining in the petition received on May 11, November 20, 1985. Also see our 12- populations of invertebrates such as the 2004. A tree-dwelling species, month petition finding published on Page springsnail. Based on recent survey Newcomb’s tree snail is a member of the October 4, 1988 (53 FR 38969). The New data, it appears that the Page springsnail snail family, Achatinellidae. The Mexico springsnail is an aquatic species is abundant within its habitats and is species is endemic to the island of known from only two separate more widely distributed than previously Maui, where it is currently known from populations associated with a series of known. Monitoring by Arizona Game a single remaining population. The spring-brook systems along the Gila and Fish Department and Service greatest threats to the Newcomb’s tree

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53795

snail are the loss of the only known habitat by browsing, trampling, and restricted to that park, other than several remaining population due to stochastic uprooting the butterfly’s host plants. larvae that were documented on West events and predation from rats and The threats of habitat loss by nonnative Summerland Key, on unprotected land Euglandina rosea. There are no efforts deer, and parasitism and predation by approximately 2.2 miles west of the being made to reduce the threat from the nonnative insects occur range-wide. The Bahia Honda site, in November 2003. carnivorous snail and only minimal rat magnitude of threats is high because This butterfly occupies about 1.28 acres control in the area occupied by this limited distribution of this narrow on Bahia Honda. The Miami blue is snail. Our attempts to raise this species endemic makes any impact from these predominantly a coastal species, in a captive propagation facility have threats likely to result in the extinction occurring in disturbed and early been unsuccessful. We have assigned a of the species. Direct threats to the successional habitats such as the edges listing priority number of 2 for this Mariana eight spot butterfly from alien of tropical hardwood hammock, coastal species because threats are occurring in predators and parasites and indirect berm forest, and along trails and other the only known remaining population threats from impacts to its host plants open sunny areas, and historically in making it of high magnitude and by browsing ungulates are all imminent pine rocklands. These habitats provide because the threats are ongoing which because they have been occurring for larval host plants and adult nectar make them imminent. many years and are ongoing. Therefore, sources that are required to occur in we assigned a listing priority number of close juxtaposition, due to the very Insects 3 for this subspecies. restricted range of movement exhibited Warm Springs Zaitzevian riffle beetle Mariana wandering butterfly (Vagrans by the butterfly. The magnitude of threat (Zaitzevia thermae)—The following egestina)—The following summary is is high for this species, due to threats summary is based on information from based on information contained in our associated with limited population size our files. No new information was files. No new information was provided and range, mosquito control activities, provided in the petition received on in the petition received on May 11, and hurricanes. The threats are May 11, 2004. The warm springs riffle 2004. The Mariana wandering butterfly nonimminent since the current range is beetle is an aquatic flightless beetle is a nymphalid butterfly species which within a state park wherein threats from endemic to a single warm spring in feeds upon a single host plant species, mosquito control actions are southwestern Montana whose surface Maytenus thompsonii. Originally known substantially controlled, and because area is approximately 35 square meters. from and endemic to the islands of threats associated with small population Because of its naturally limited range, Guam and Rota, the species is now size and stochastic events (like this riffle beetle is at risk of randomly known only from one population on hurricanes) are long-term, not occurring natural- and human-caused Rota. This species is currently immediate threats. Therefore, the Miami events. The warm spring is under the threatened by alien predation and blue is assigned a listing priority jurisdiction of the Service, which built parasitism and impacts to its host plants number of 6. a structure that provides a considerable by browsing ungulates. The Mariana Sequatchie caddisfly (Glyphopsyche level of physical protection for the wandering butterfly has extremely high sequatchie)—The following summary is warm spring. Because of the physical mortality of eggs and larvae due to based on information in our files. No and jurisdictional protection, we predation by alien ants and wasps. new information was provided in the determined that the magnitude of Nonnative deer degrade the habitat by petition received on May 11, 2004. The threats is low and the threats are browsing, trampling, and uprooting the Sequatchie caddisfly is known from two nonimminent. Based on this, we butterfly’s host plants. The threats of spring runs that emerge from caves in assigned this species a listing priority habitat loss by nonnative deer, and Marion County, Tennessee: Owen number of 11. parasitism and predation by nonnative Spring Branch (the type locality) and Wekiu bug (Nysius wekiuicola)—See insects occur range-wide. The Martin Spring run in the Battle Creek above in ‘‘Summary of Listing Priority magnitude of threats is high because system. The Owen Spring Branch Changes in Candidates.’’ The above limited distribution of this narrow population occurs within Sequatchie summary is based on information endemic makes any impact from these Cave Park, which is a Class II Natural- contained in our files. No new threats likely to result in the extinction Scientific State Natural Area, thus information was provided in the of the species. Direct threats to the providing statutory protection from petition received on May 11, 2004. Mariana wandering butterfly from alien collection for the population in Owen Mariana eight spot butterfly predators and parasites and indirect Spring Branch. Estimated population (Hypolimnas octucula mariannensis)— threats from impacts to its host plants sizes are 500 to 5000 individuals for The following summary is based on by browsing ungulates are all imminent Owen Spring Branch and 2 to 10 times information contained in our files. No because they have been occurring for higher at Martin Spring, due to the new information was provided in the many years and are ongoing. Therefore, greater amount of apparently suitable petition received on May 11, 2004. The we assigned a listing priority number of habitat. Threats to the species include Mariana eight spot butterfly is a 2 for this species. siltation; agricultural, municipal, and nymphalid butterfly species that feeds Miami blue butterfly (Cyclargus industrial chemical runoff (both direct upon two host plants, Procris thomasi bethunebakeri)—The following and from subsurface flows); vandalism; pedunculata and Elatostema calcareum. summary is based on information and pollution from trash thrown into Endemic to the islands of Guam and contained in our files and in the petition the springs. This species is vulnerable to Saipan, the species is now known from received on June 15, 2000. The Miami extinction due to its restricted ten populations on Guam. This species blue appears to be endemic to south distribution and small population sizes. is currently threatened by alien Florida. Historically, it occurred These threats are gradual and/or not predation and parasitism and impacts to throughout the Florida Keys, north to necessarily imminent but are of a high its host plants by browsing ungulates. Hillsborough and Volusia Counties. magnitude; therefore, we retained a The Mariana eight spot butterfly has None were documented between 1996 listing priority number of 5 for this extremely high mortality of eggs and and 1999. In 1999, an extant population species. larvae due to predation by alien ants was discovered at Bahia Honda State Beaver Cave beetle and wasps. Nonnative deer degrade the Park on Bahia Honda Key. It is now (Pseudanophthalmus major)—The

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53796 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

following summary is based upon species that have evolved to survive and assigned a listing priority number of 5 information in our files. No new reproduce under the demanding to this species. information was provided in the conditions found in cave ecosystems. Inquirer cave beetle petition received on May 11, 2004. The limited distribution of the species (Pseudanophthalmus inquisitor)—The Beaver Cave beetle is a small, eyeless, makes it vulnerable to isolated events following summary is based upon reddish-brown predatory insect that that would only have a minimal effect information in our files. No new feeds upon small cave invertebrates. It on the more wide-ranging insects. information was provided in the is cave dependent and is not found Events such as toxic chemical spills, petition received on May 11, 2004. The outside the cave environment. The discharges of large amounts of polluted inquirer cave beetle is a fairly small, Beaver Cave beetle is only known from water or indirect impacts from off-site eyeless, reddish-brown predatory insect one privately owned Kentucky cave. construction activities, closure of that feeds upon small cave The limestone cave in which this entrances, alteration of entrances, or the invertebrates. It is cave dependent and species is found provide a unique and creation of new entrances could have is not found outside the cave environment. The inquirer cave beetle is fragile environment that supports a serious adverse impacts on this species. only known from one privately owned variety of species that have evolved to The likelihood of one of the events Tennessee cave. The limestone cave in survive and reproduce under the eventually occurring combined with the which this species is found provides a demanding conditions found in cave narrow range of the species makes the ecosystems. The species was observed unique and fragile environment that magnitude of threats high. The supports a variety of species that have in 2005 during a survey of the cave. The immediacy of threat is nonimminent limited distribution of the species evolved to survive and reproduce under because there are no known projects the demanding conditions found in cave makes it vulnerable to isolated events planned that would affect the species in that would only have a minimal effect ecosystems. The species was last the next 1 to 2 years; we therefore observed in 1997. The limited on more wide-ranging insects. Events assigned a listing priority number of 5 such as toxic chemical spills, discharges distribution of the species makes it to this species. of large amounts of polluted water or vulnerable to isolated events that would indirect impacts from off-site Icebox cave beetle only have a minimal effect on the more construction activities, closure of (Pseudanophthalmus frigidus)—The wide-ranging insects. The area around entrances, alteration of entrances, or the following summary is based upon the only know site for the species is in creation of new entrances could have information in our files. No new a rapidly expanding urban area and serious adverse impacts on this species. information was provided in the indirect impacts, such as chemical or The likelihood of one of the events petition received on May 11, 2004. other pollution, could significantly eventually occurring combined with the Icebox cave beetle is a small, eyeless, affect both the cave and the species the narrow range of the species makes the reddish-brown predatory insect that cave supports. The entrance to the cave magnitude of threats high. The feeds upon small cave invertebrates. It is protected by the landowner through immediacy of threat is nonimminent is cave dependent and is not found a cooperative management agreement because there are no known projects outside the cave environment. Icebox with the Service, The Nature planned that would affect the species in cave beetle is only known from one Conservancy, and Tennessee Wildlife the next 1 to 2 years; we therefore have privately owned Kentucky cave. The Resources Agency; however, a sinkhole that drains into the cave system is assigned a listing priority number of 5 limestone cave in which this species is located away from the protected to this species. found provides a unique and fragile environment that supports a variety of entrance and is near a highway. Events Clifton cave beetle such as toxic chemical spills, discharges (Pseudanophthalmus caecus)—The species that have evolved to survive and reproduce under the demanding of large amounts of polluted water or following summary is based upon indirect impacts from off-site conditions found in cave ecosystems. information in our files. No new construction activities could adversely The species has not been observed since information was provided in the affect the species. The likelihood of one it was originally collected from the only petition received on May 11, 2004. of the events eventually occurring site known to support the species, but Clifton cave beetle is a small, eyeless, combined with the narrow range of the reddish-brown predatory insect that species experts believe that it may still species makes the magnitude of threats feeds upon small cave invertebrates. It exist there in low numbers. The limited high. The immediacy of threat is is cave dependent and is not found distribution of the species makes it nonimminent because there are no outside the cave environment. Clifton vulnerable to isolated events that would known projects planned that would cave beetle is only known from two only have a minimal effect on the more affect the species in the next 1 to 2 years privately owned Kentucky caves. Soon wide-ranging insects. Events such as and it receives some protection under a after the species was first collected in toxic chemical spills, discharges of large cooperative management agreement; we 1963 the entrance to the cave was sealed amounts of polluted water or indirect therefore have assigned a listing priority due to road construction. Other caves in impacts from off-site construction number of 5 to this species. the vicinity of this cave were surveyed activities, closure of entrances, Louisville cave beetle for the species during a 1995 to 1996. alteration of entrances, or the creation of (Pseudanophthalmus troglodytes)—The Only one additional site was found to new entrances could have serious following summary is based upon support the Clifton Cave beetle. It can adverse impacts on this species. The information in our files. No new not be determined at this time if the likelihood of one of the events information was provided in the species still occurs at the original eventually occurring combined with the petition received on May 11, 2004. The location or if the species has been narrow range of the species makes the Louisville cave beetle is a small, eyeless, extirpated from the site by the closure magnitude of threats high. The reddish-brown predatory insect that of the cave entrance. The limestone immediacy of threat is nonimminent feeds upon cave invertebrates. It is cave caves in which this species are found because there are no known projects dependent and is not found outside the provide a unique and fragile planned that would affect the species in cave environment. Louisville cave environment that supports a variety of the next 1 to 2 years; we therefore have beetle is only known from two privately

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53797

owned Kentucky caves. The limestone and the implementation of a Candidate Threats include degradation and caves in which this species are found Conservation Agreement between destruction of native grasslands by provide a unique and fragile MCNP and the Service to protect the conversion to agriculture, residential environment that supports a variety of species. Therefore we have assigned a development, commercial purposes, species that have evolved to survive and listing priority of 11 to this species. encroachment by nonnative plants, and reproduce under the demanding Tatum Cave beetle natural succession from grasslands to conditions found in cave ecosystems. (Pseudanophthalmus parvus)—The native shrubs and trees, and fire. The The limited distribution of the species following summary is based upon application of Bacillus thuringiensis var. makes it vulnerable to isolated events information in our files. No new kurstaki for Asian gypsy moth control that would only have a minimal effect information was provided in the likely contributed to extirpations of the on the more wide-ranging insects. petition received on May 11, 2004. subspecies at three locations in Pierce Events such as toxic chemical spills, Tatum Cave beetle is a small, eyeless, County, Washington. Magnitude of discharges of large amounts of polluted reddish-brown predatory insect that threats is high because of the extremely water or indirect impacts from off-site feeds upon cave invertebrates. It is cave small size of remaining populations and construction activities, closure of dependent and is not found outside the reduction in distribution from the entrances, alteration of entrances, or the cave environment. Tatum Cave beetle is historical range and because the threats creation of new entrances could have only known from one privately owned may occur at all or a major portion of serious adverse impacts on this species. Kentucky cave. The limestone cave in the known butterfly locations. The size The likelihood of one of the events which this species is found provides a and location of the populations shift eventually occurring combined with the unique and fragile environment that from year to year. Threats are imminent narrow range of the species makes the supports a variety of species that have because they are currently occurring. magnitude of threats high. The evolved to survive and reproduce under The ecosystem on which this subspecies immediacy of threat is nonimminent the demanding conditions found in cave depends requires annual management to because there are no known projects ecosystems. The species has not been maintain its grassland habitat. We planned that would affect the species in observed since 1965 but species experts assigned the Taylor’s checkerspot the next 1 to 2 years; we therefore have believe that it still exists in low butterfly a listing priority number of 3. numbers. The limited distribution of the assigned a listing priority number of 5 Blackline Hawaiian damselfly species makes it vulnerable to isolated to this species. (Megalagrion nigrohamatum events that would only have a minimal Surprising cave beetle effect on the more wide-ranging insects. nigrolineatum)—The following (Pseudanophthalmus inexpectatus Events such as toxic chemical spills, summary is based on information Barr)—The following summary is based discharges of large amounts of polluted contained in our files. No new on information contained in our files. water or indirect impacts from off-site information was provided in the No new information was provided in construction activities, closure of petition received on May 11, 2004. The the petition received on May 11, 2004. entrances, alteration of entrances, or the blackline Hawaiian damselfly is a Cave beetles in the genus creation of new entrances could have stream-dwelling damselfly species Pseudanophthalmus are fairly small, serious adverse impacts on this species. endemic to the island of Oahu, Hawaii. eyeless, reddish-brown insects. The The likelihood of one of the events Once known from throughout Oahu, the limestone caves in which these cave eventually occurring combined with the species is now restricted to 11 beetles are found provide a unique and narrow range of the species makes the populations within the windward fragile environment that supports a magnitude of threats high. The Koolau Mountains. This species is variety of species that have evolved to immediacy of threat is nonimminent threatened by predation from alien survive and reproduce under the because there are no known projects aquatic species such as fish and demanding conditions found in cave planned that would affect the species in predacious insects and habitat loss ecosystems. The surprising cave beetle the next 1 to 2 years; we therefore have through dewatering of streams and was described from specimens collected assigned a listing priority number of 5 invasive nonnative plants. Nonnative in the historic section of Mammoth Cave to this species. fish and insects prey on the naiads of and White Cave, Mammoth Cave Taylor’s (Whulge, Edith’s) the damselfly and loss of water reduces National Park (MCNP), Edmonston checkerspot butterfly (Euphydryas the amount of suitable naiad habitat County, Kentucky. Subsequent to these editha taylori)—The following summary available. Invasive plants also original discoveries, the species was is based on information from our files contribute to loss of habitat by either also found in MCNP’s Great Onyx Cave. and in the petition received on over shading streams or by forming Recently, an additional population was December 11, 2002. Historically, the dense, monotypic stands that discovered in a cave some distance from Taylor’s checkerspot butterfly was completely eliminate any open water the previously known sites. Its limited known from 70 locations: 23 in British (e.g. California grass (Brachiaria distribution makes this species Columbia, 34 in Washington, and 13 in mutica)). These threats are occurring in vulnerable to isolated events that would Oregon. Following surveys during the varying degrees range-wide for the only have a minimal effect on the more 2005 flight period, only 15 populations blackline Hawaiian damselfly. Although wide-ranging members of the genus. were confirmed, with a total of about there are no efforts being done to control Events such as toxic chemical spills, 2,500 to 3,000 individuals observed. or eradicate nonnative fish or insects or discharges of large amounts of polluted Twelve populations are known from to stop the loss of habitat, the 11 streams water, closure of entrances, alteration of Washington, two in the Willamette are widely dispersed on both sides of entrances, or the creation of new Valley of Oregon and the new location the mountain range and are highly entrances can have serious adverse found in British Columbia, Canada. The unlikely to experience complete loss of impacts on this species and could result species was thought to have been populations at the same time. Therefore in its extinction. The magnitude and extirpated in Canada until this new the magnitude of the threats is imminence of the threat to the population was discovered at a new moderate. Threats to the blackline surprising cave beetle is reduced location on Denman Island, British Hawaiian damselfly from loss of habitat because of its location on Federal land Columbia. and introduced nonnative fish and

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53798 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

insects are ongoing and therefore are litter habitat that is likely used by the the amount of suitable naiad habitat imminent. Therefore, we assigned this Flying earwig Hawaiian damselfly available. Invasive plants also subspecies a listing priority number of naiads. These threats are ongoing in the contribute to loss of habitat by either 9. only known population of this species overshading streams or by forming Crimson Hawaiian damselfly and no conservation efforts are being dense, monotypic stands that (Megalagrion leptodemas)—The done to alleviate these serious threats completely eliminate any open water following summary is based on for this species. We assigned this (e.g. California grass (Brachiaria information contained in our files. No species a listing priority number of 2 mutica)). Nonnative fish and plants are new information was provided in the because the threats are of a high found in all the streams the orangeblack petition received on May 11, 2004. magnitude and are imminent. damselfly occur in, except the Oahu Megalagrion leptodemas is a stream- Oceanic Hawaiian damselfly location, where there are no nonnative dwelling damselfly species endemic to (Megalagrion oceanicum)—The fish, making these threats ongoing and the island of Oahu, Hawaii. Once following summary is based on imminent. Although no conservation known from throughout Oahu, the information contained in our files. No efforts are being implemented for this species is now restricted to four new information was provided in the species in particular on Molokai, Lanai, populations. This species is threatened petition received on May 11, 2004. and the island of Hawaii, the Oahu by predation from alien aquatic species Megalagrion oceanicum is a stream- location is located at Tripler Army such as fish and predacious insects and dwelling damselfly species endemic to Medical Center. The Army has habitat loss through dewatering of the island of Oahu, Hawaii. Once consistently considered the damselfly’s streams and invasive plant species. known from throughout Oahu, the needs in all work done near or in the Nonnative fish and insects prey on the species is now restricted to seven stream and maintains a supplemental naiads of the damselfly and loss of populations within the windward water flow into the stream to maintain water reduces the amount of suitable Koolau Mountains. This species is habitat after disrupting the original naiad habitat available. Invasive plants threatened by predation from alien flow. We assigned this species a listing also contribute to loss of habitat by aquatic species such as fish and priority number of 8 because though the either over shading streams or by predacious insects and habitat loss threats are imminent, they are of forming dense, monotypic stands that through dewatering of streams and moderate magnitude given the more completely eliminate any open water invasion by nonnative plants. Nonnative widely dispersed population and the (e.g. California grass (Brachiaria fish and insects prey on the naiads of conservation efforts at Tripler. mutica)). There are no conservation the damselfly and loss of water reduces measures being taken to alleviate these the amount of suitable naiad habitat Pacific Hawaiian damselfly threats for this species. Nonnative fish available. Invasive plants also (Megalagrion pacificum)—The and plants are found in all the streams contribute to loss of habitat by either following summary is based on the crimson Hawaiian damselfly occurs over shading streams or by forming information contained in our files. No in making these threats ongoing and dense, monotypic stands that new information was provided in the imminent. These threats are of high completely eliminate any open water petition received on May 11, 2004. magnitude because of their severity and (e.g. California grass (Brachiaria Megalagrion pacificum is a slow-moving because they are occurring throughout mutica)). There are no conservation stream, pool, and pond-dwelling its limited range. We have assigned this measures being taken to alleviate these damselfly species endemic to the species a listing priority number of 2 threats for this species. Nonnative fish Hawaiian Islands of Kauai, Oahu, because the threats are of a high and plants are found in all the streams Molokai, Maui, Lanai, and Hawaii. The magnitude and are imminent. the oceanic Hawaiian damselfly occurs species is now restricted to seven Flying earwig Hawaiian damselfly in making these threats ongoing and populations on the islands of Maui and (Megalagrion nesiotes)—The following imminent. These threats are of high Molokai. This species is threatened by summary is based on information magnitude because of their severity and predation from alien aquatic species, contained in our files. No new because they are occurring throughout such as fish and predacious insects, and information was provided in the its limited range. Therefore, we have habitat loss through dewatering of petition received on May 11, 2004. assigned this species a listing priority streams and invasion by nonnative Megalagrion nesiotes is a terrestrial or number of 2. plants. Nonnative fish and insects prey semi-terrestrial damselfly species Orangeblack Hawaiian damselfly on the naiads of the damselfly and loss endemic to the islands of Hawaii and (Megalagrion xanthomelas)—The of water reduces the amount of suitable Maui, Hawaii. Despite surveys to locate following summary is based on naiad habitat available. Invasive plants extant populations, the species is now information contained in our files. No also contribute to loss of habitat by known to be restricted to a single new information was provided in the either overshading streams or by population in windward east Maui. This petition received on May 11, 2004. forming dense, monotypic stands that species is threatened by predation from Megalagrion xanthomelas is a stream- completely eliminate any open water ants and other nonnative dwelling damselfly species endemic to (e.g. California grass (Brachiaria that likely feed on both naiads and the Hawaiian Islands of Kauai, Oahu, mutica)). There are no conservation emerging adults, and habitat loss due to Molokai, Maui, Lanai, and Hawaii. The measures being taken to alleviate these disturbance by feral ungulates. While species is now restricted to 16 threats for this species. Nonnative fish foraging, pigs root and trample the forest populations on the islands of Oahu, and plants are found in all the streams floor, encouraging the establishment of Molokai, Lanai, and Hawaii. This the Pacific Hawaiian damselfly occurs nonnative plants in the newly disturbed species is threatened by predation from in making these threats ongoing and soil. In moist depressions, pigs alien aquatic species such as fish and imminent. These threats are of high completely remove all vegetation by predacious insects and habitat loss magnitude because of their severity and wallowing, leaving nothing but mud through dewatering of streams and because they are occurring throughout and water. The complete removal of invasion by nonnative plants. Nonnative its limited range. Therefore, we have vegetation as well as the establishment fish and insects prey on the naiads of assigned this species a listing priority of nonnative plants destroy the leaf the damselfly and loss of water reduces number of 2.

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53799

Picture wing fly ( promote the invasion of nonnative Dakota skipper sites. Although proper attigua)— The following summary is plants. Additionally, nonnative insect management is always necessary to based on information contained in our species prey on and parasitize both the ensure its persistence, it is generally files. No new information was provided larvae and adult phases of the picture secure at these sites. The species is also in the petition received on May 11, wing fly. All these threats are ongoing secure at some sites where private 2004. This picture wing fly, a member which make them imminent and are landowners manage native prairie in of the fly family Drosophilidae, feeds sever throughout the range of this ways that conserve Dakota skipper. The and breeds upon a single host plant, species which makes the threats of high threats are such that the species Cheirodendron sp. The fly is endemic to magnitude. Therefore, we assigned this warrants listing; the threats are the Hawaiian Island of Kauai, where it species a listing priority number of 2. moderate in magnitude and, although is currently known from two Stephan’s riffle beetle (Heterelmis some sites are imminently threatened, populations. This species is currently stephani)—The following summary is overall the threats are nonimminent. threatened by loss and modification of based on information from our files. No Therefore, we assigned a listing priority its host plant’s habitat by browsing new information was provided in the number of 11 to the species. ungulates and through the uncontrolled petition received on May 11, 2004. The Mardon skipper (Polites mardon)— growth of nonnative plants. While Stephan’s riffle beetle is an endemic The following summary is based on foraging, pigs root and trample the forest riffle beetle found in limited spring information contained in our files and floor, encouraging the establishment of environments within the Santa Rita the petition received on December 24, nonnative plants in the newly disturbed Mountains, Pima County, Arizona. The 2002. The Mardon skipper is a rare soil. Pigs also disseminate nonnative beetle is known from Bog Spring and northwestern butterfly with a plant seeds through their feces and on Sylvester Spring in Madera Canyon, remarkably disjunct range. Currently their bodies, accelerating the spread of within the . this species is known from four widely nonnative plants through native forest. These springs are typical isolated, mid- separated locations: South Puget Sound These nonnative plants often displace elevation, permanently saturated, region, southern Washington Cascades, native plants including the host plant spring-fed aquatic climax communities Siskiyou Mountains of southern Oregon, this species depends on. Feral goats also commonly referred to as ci,negas. and coastal California. The Mardon consume native vegetation including Threats are largely from habitat skipper spends its entire life cycle in this species’ host plant, trample roots modification; we consider them to be of one location, and its dispersal ability is and seedlings, accelerate erosion, and high magnitude due to the limited range probably limited. Threats include promote the invasion of nonnative of the species. However, because the habitat loss and degradation due to plants. Additionally, nonnative insect Forest Service has no current plans to development, overgrazing, use of species prey on and parasitize both the modify remaining habitat, the threats herbicides and pesticides, larvae and adult phases of the picture are not imminent. Due to the continued encroachment of nonnative and native wing fly. All these threats are ongoing high magnitude of nonimminent threats, vegetation, succession from grassland to which make them imminent and are we retained a listing priority number of forest, and fire suppression; and direct severe throughout the species range 5 for Stephan’s riffle beetle. loss of individuals due to fire, Dakota skipper (Hesperia dacotae)— which makes the threats of high recreational activities, insect collecting, The following summary is based on magnitude. Therefore, we assigned this and random, naturally occurring events. information contained in our files, Limited dispersal ability restricts the species a listing priority number of 2. including information from the petition likelihood of recolonization once a Picture wing fly (Drosophila received on May 12, 2003. The Dakota population is lost. The magnitude of digressa)—The following summary is skipper is a small-to mid-sized butterfly threats is high because of the small based on information contained in our that inhabits high-quality tallgrass and population sizes and disjunct files. No new information was provided mixed grass prairie in Minnesota, North distribution of the species that limits its in the petition received on May 11, Dakota, South Dakota, and the provinces ability to disperse; just 10 of the known 2004. This picture wing fly, a member of Manitoba and Saskatchewan in locations for Mardon Skipper have more of the fly family Drosophilidae, feeds Canada. The species is presumed to be than 50 individuals. Loss of any of the and breeds upon a single host plant, extirpated from Iowa and Illinois and populations could threaten the Charpentiera sp. The fly is endemic to from many sites within occupied States. continued existence of the species the island of Hawaii, where it is The species is threatened by within each of its known separate currently known from three conversion of its native prairie habitat locales. However, the number of populations. This species is currently for agricultural purposes, overgrazing, documented locations for the species threatened by loss and modification of invasive species, gravel mining, has increased from less than 10 in 1998 its host plant’s habitat by browsing inbreeding, population isolation, and, in to as many as 65 rangewide in 2005 and ungulates and through the uncontrolled some cases, prescribed fire. In addition, it would be unlikely to have threats that growth of nonnative plants. While prairie succeeds to shrubland or forest would affect all known locales foraging, pigs root and trample the forest without periodic fire, grazing, or simultaneously. Overall, we consider floor, encouraging the establishment of mowing; thus, the species is also the threats to be nonimminent because nonnative plants in the newly disturbed threatened at sites where such the threats are not currently occurring at soil. Pigs also disseminate nonnative disturbances are not applied. Although all known population sites. We have plant seeds through their feces and on the species is listed as threatened by the assigned a listing priority number of 5 their bodies, accelerating the spread of State of Minnesota, this designation to the Mardon skipper. nonnative plants through native forest. lacks the habitat protections needed for Coral Pink Sand Dunes tiger beetle These nonnative plants often displace long-term conservation. The species is (Cicindela limbata albissima)—The native plants including the host plant also listed as endangered by the following summary is based on this species depends on. Feral goats also province of Manitoba. The Service, information contained in our files, consume native vegetation including other agencies, and private including information from the petition this species host plant, trample roots organizations (e.g., The Nature received on April 21, 1994. The Coral and seedlings, accelerate erosion, and Conservancy) protect and manage some Pink Sand Dunes tiger beetle occurs

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53800 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

only at the Coral Pink Sand Dunes, this species is narrowly distributed with Listing Priority Changes in Candidates.’’ approximately seven miles west of specific habitat requirements and small The above summary is based on Kanab, Kane County, in south-central populations, the magnitude of threats is information contained in our files. No Utah. It is restricted to a small part of high. Although the majority of its new information was provided in the the dune field, situated at an elevation historic range has been lost, degraded, petition received on May 11, 2004. of about 1,820 m (6,000 ft). The beetle’s and fragmented, numerous sites are now Troglobitic groundwater shrimp habitat is being adversely affected by protected, and land managers are (Typhlatya monae)—The following ongoing recreational off-road vehicle implementing prescribed fire, which summary is based on information from use that is destroying and degrading the should restore habitat and help reduce our files. No new information was beetle’s habitat, especially the threats. Overall, the threats are provided in the petition received on interdunal swales used by the larvae. nonimminent. Therefore, the Highlands May 11, 2004. Typhlatya monae is a The continued survival of the beetle tiger beetle is assigned a listing priority subterranean small shrimp known from depends on the preservation of its number of 5. Puerto Rico, Barbuda, and Dominican Republic. It is classified as a troglobite, habitat. The two agencies that manage Arachnids the dunes field, the Utah Department of or obligatory cave organism, of which its Parks and Recreation and the Bureau of Warton’s cave meshweaver (Cicurina most extraordinary feature is the Land Management, have restricted wartoni)—The following summary is reduction or loss of vision and recreational off-road vehicle use in some based on information from our files. No pigmentation. They feed on organic areas, which reduces impacts. The new information was provided in the waste material and debris, such as bat beetle’s population is also vulnerable to petition received on May 11, 2004, or guano. Little is known concerning the over collecting by professional and has been received since the last status of T. monae in either Barbuda or hobby tiger-beetle collectors. Candidate Notice of Review published Dominican Republic. Although in Quantification of this threat is difficult on May 11, 2005. Warton’s Cave Puerto Rico this species was previously without continuous population meshweaver is an eyeless, cave- found at Mona Island, currently T. monitoring. Climatic factors, most dwelling, unpigmented, 0.25 inch long monae is known from only three caves recently drought conditions, have invertebrate known only from female within the Gurca Commonwealth Forest reduced the population, but it has specimens. This meshweaver is known in the municipalities of Gurca, Yauco, shown some recent improvement. Based to occur in only one cave (Pickle Pit) in and Guayanilla. However, the species on imminent threats of a low to Travis County, Texas. Primary threats to may still be found in the reef deposit moderate magnitude, we retained a the species and its habitat are predation aquifers in Mona Island that have not listing priority of 9. and competition from fire ants and yet been surveyed. In 1995, the surface and subsurface effects from population in Puerto Rico was estimated Highlands tiger beetle (Cicindela runoff from an adjacent subdivision. to be close to 2,000 individuals; over highlandensis)—The following The magnitude of threats is high 95% of these were observed in only one summary is based on information in our because the single location for this cave. Changes in groundwater quality, files. No new information was provided species makes it highly vulnerable to collection of rare animals, predation, in the petition received on May 11, extinction. The threats are imminent limited distribution of the species, 2004. The Highlands tiger beetle is because fire ants are known to occur in limited availability of appropriate narrowly distributed and restricted to the vicinity of the cave, and impacts to habitat (i.e., underground aquifers areas of bare sand within upland oak the cave from runoff and human within cave formations), potential scrub and longleaf pine vegetation on activities are an imminent threat. Thus, reduction of food sources (e.g., mortality the ancient sand dunes of the Lake we assign a listing priority number of 2 or reduction in bat populations), and Wales Ridge in Polk and Highlands to this species. low population numbers, threaten Counties, Florida. This tiger beetle has populations of T. monae. These threats been found at 40 sites from near Haines Crustaceans are not imminent because the known City south to Josephine Creek. In the Anchialine pool shrimp (Metabetaeus range of T. monae is within protected most recent survey, biologists found a lohena)—See above in ‘‘Summary of lands and there are no known projects total of 1,574 adults at 40 sites Listing Priority Changes in Candidates.’’ or management activities planned compared with 643 adults at 31 sites in The above summary is based on within the Gurca Commonwealth Forest 1996, 928 adults at 31 sites in 1995, and information contained in our files. No or Mona Island that would result in 742 adults at 21 sites in 1993. Of the 40 new information was provided in the mortality of this species. The magnitude sites in the 2004–2005 surveys with one petition received on May 11, 2004. of threat to T. monae is high due to its or more adults: Three sites were found Anchialine pool shrimp restricted distribution, low population to have large populations of over 100 (Palaemonella burnsi)—See above in numbers, and aggregation of most adults [Catfish Creek Preserve (493), ‘‘Summary of Listing Priority Changes in individuals at only one location. Snell Creek South (193), and Flaming Candidates.’’ The above summary is Therefore, we assign a listing priority Arrow Scout Camp (175)]; three sites based on information contained in our number of 5 to this species. had populations of 50–99 adults; eight files. No new information was provided sites had 20–49 adults, 13 sites had 10– in the petition received on May 11, Flowering Plants 19 adults, and 13 sites had < 10 adults. 2004. Abronia alpina (Ramshaw Meadows Results from a limited removal study at Anchialine pool shrimp (Procaris sand-verbena)—See above in ‘‘Summary four sites suggest that the actual hawaiana)—See above in ‘‘Summary of of Listing Priority Changes in population size at the various survey Listing Priority Changes in Candidates.’’ Candidates.’’ No new information was sites is likely to be as much as two times The above summary is based on provided in the petition received on as high as indicated by the visual index information contained in our files. No May 11, 2004. counts. Lack of fire to create open sand, new information was provided in the Arabis georgiana (Georgia pesticide use, small population sizes at petition received on May 11, 2004. rockcress)—See above in ‘‘Summary of some sites, and over-collecting pose Anchialine pool shrimp (Vetericaris Listing Priority Changes in Candidates.’’ serious threats to this species. Because chaceorum)—See above in ‘‘Summary of The above summary is based on

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53801

information contained in our files. No variability. Surveys of apparently magnitude because of small population new information was provided in the suitable habitat along the Hanford Reach size and range make it extremely petition received on May 11, 2004. have not detected any additional plants. vulnerable, and efforts to address the Argythamnia blodgettii (Blodgett’s Threats to northern wormwood threats have not halted the decline. In silverbush)—The following summary is include direct loss of suitable habitat addition, the threats are imminent based on information in our files. No through regulation of water levels in the because they are ongoing as evidenced new information was provided in the Columbia River and placement of riprap by the continuing decline of the species. petition received on May 11, 2004. along the river bank; trampling of plants Therefore, we retained a listing priority Blodgett’s silverbush has been found in as a result of recreational use; number of 2 for this species. open, sunny areas in pine rockland, competition with nonnative invasive Astragalus tortipes (Sleeping Ute edges of rockland hammock, edges of species; a small population size that milkvetch)—See above in ‘‘Summary of coastal berm, and sometimes disturbed makes both sites susceptible to genetic Listing Priority Changes in Candidates.’’ areas at the edges of natural areas. drift and inbreeding; and the potential The above summary is based on Plants can be found growing from for hybridization with two other species information contained in our files. No crevices on limestone, or on sand. The of Artemisia. Ongoing conservation new information was provided in the pine rockland habitat where it occurs in actions have reduced trampling, but petition received on May 11, 2004. Miami-Dade County and the Florida have not eliminated or reduced the Bidens amplectens (Kookooalu)—The Keys requires periodic fires to maintain other threats at the Grant County site. following summary is based on habitat with a minimum amount of The magnitude of threat is high for this information contained in our files. No hardwoods. Approximately 10,000 variety because the only two remaining new information was provided in the plants may exist at 18 sites, with most populations are widely separated and petition received on May 11, 2004. This of the plants on the large pinelands of distributed such that one or both species is an erect perennial or Long Pine Key in Everglades National populations could be eliminated by a facultatively annual herb found in Park and Big Pine Key (in part on single disturbance. The threats are mixed lowland dry shrubland/grassland National Key Deer Refuge), as well as imminent because recreational use is on Oahu, Hawaii. Known from one other smaller pinelands on conservation ongoing, invasive nonnative species population of 500 to 1,000 individuals lands. If this plant’s distribution were occur at both sites, erosion of the in the Waianae Mountains, the threats to limited to the mainland, we would substrate is ongoing at the Klickitat this species are nonnative plants that consider the magnitude of threat to be County site, and high water flows are increase the fuel load and fire threat, high due to exotic pest plant problems random, naturally occurring events that and compete for habitat. The magnitude in the Miami-Dade urban and may occur unpredictably in any year. of threats continues to be high because agricultural area, and the likely arrival Therefore, we retained a listing priority no conservation measures have been of a serious new pest, Old World number of 3 for this plant variety. taken to address them and because of climbing fern. Because the Keys are Astelia waialealae (Paa`iniu)—The the potential for the elimination of the drier and perhaps less fertile, managing following summary is based on only known population by a single vegetation is slightly easier. Fire return information contained in our files. No stochastic or naturally occurring event. intervals are longer and Old World new information was provided in the Threats continue to be imminent Climbing fern may prove to be less of a petition received on May 11, 2004. because they are ongoing. We retained threat. As a result, we consider the Paia`niu is a perennial herb found in a listing priority number of 2 for this magnitude of threats to be moderate to Metrosideros polymorpha (ohia) species. low. We are maintaining the immediacy dominated mixed montane bog on Bidens campylotheca ssp. pentamera of threat as nonimminent to reflect the Kauai, Hawaii. Astelia waialealae is (Kookooalu) ‘‘ The following summary intensive management and biological known from three populations in three is based on information contained in control efforts already aimed at Old bogs within the Alakai swamp region of our files. No new information was World climbing fern, as well as the Kauai. The total numbers have declined provided in the petition received on quality of management on conservation from 35 clumps, representing 10 to 15 May 11, 2004. This subspecies is an lands. Thus, we assigned a listing genetically distinct individuals, in 2004 erect, perennial herb found in priority number of 11 to this species. to 21 clumps in 2005, representing 7 Cheirodendron-Metrosideros Artemisia campestris var. genetically distinct individuals. No polymorpha (olapa-ohia) montane wet wormskioldii (Northern wormwood)— regeneration has been observed from forest on Maui, Hawaii. This subspecies The following summary is based on 1995 to the present. The major threats is known from 11 populations with a information from our files. No new to this species currently are the lack of total of approximately 500 individuals. information was provided in the regeneration and the low numbers of Bidens campylotheca ssp. pentamera is petition received on May 11, 2004. individuals. The species is also threatened by feral pigs that degrade Historically known from eight sites, threatened by pigs that eat and trample and destroy habitat, and by nonnative northern wormwood is currently known this plant and its seedlings, degrade plants that compete for habitat. Feral from only two populations in Klickitat and/or destroy habitat, and spread the pigs have been fenced out of three of the and Grant Counties, Washington. This nonnative plant species Juncus 11 populations of B. campylotheca ssp. plant is restricted to exposed basalt, planifolius and Andropogon virginicus pentamera and nonnative plants have cobbly-sandy terraces, and sand habitat that compete with A. waialealae. Pigs been greatly reduced in the three fenced along the shore and on islands in the have been fenced out of the three bogs areas. This subspecies is represented in Columbia River. The two sites are where A. waialealae currently occurs an ex-situ collection and reintroduction separated by 200 miles (322 kilometers) and nonnative plant control is or augmentation efforts have been of the Columbia River and three large underway; however, this species is not attempted this year. However, these on- hydroelectric dams. The Klickitat recovering and continues to decline, going conservation efforts benefit only County population is declining; it is even though the known threats of feral three of the 11 known populations and unclear whether the Grant County pigs and nonnative plants have been therefore threats continue to be of a high population is stable or declining, but it controlled over the past nine years. The magnitude to this subspecies. In is vulnerable to environmental threats continue to be of a high addition, threats to B. campylotheca

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53802 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

ssp. pentamera are imminent because threatened by residential and five populations totaling approximately they are ongoing in eight of the 11 commercial development. The threats to 300 individuals on the island of Hawaii. populations. Therefore, we retained a B. micrantha ssp. ctenophylla from fire Calamagrostis expansa is threatened by listing priority number of 3 for this and nonnative plants are of a high pigs that degrade and destroy habitat subspecies. magnitude and imminent because they and by nonnative plants that Bidens campylotheca ssp. waihoiensis are occurring range-wide and no efforts outcompete and displace it. Feral pigs (Kookooalu)—See above in ‘‘Summary for their control have been undertaken. have been fenced out of most of the west of Listing Priority Changes in In addition, two populations are also Maui populations where C. expansa Candidates.’’ The above summary is threatened by development. Therefore, currently occurs and nonnative plants based on information contained in our we retained a listing priority number of have been reduced in the fenced areas. files. No new information was provided 3 for this subspecies. However, the threats are not controlled in the petition received on May 11, Brickellia mosieri (Florida brickell- and are ongoing in the remaining 2004. bush)—The following summary is based unfenced populations on Maui and in Bidens conjuncta (Kookooalu)—The on information contained in our files. all of the populations on the island of following summary is based on No new information was provided in Hawaii. Therefore, the threats from feral information contained in our files. No the petition received on May 11, 2004. pigs and nonnative plants are of a high new information was provided in the This species is restricted to pine magnitude and imminent for C. petition received on May 11, 2004. rocklands of Miami-Dade County, expansa, and we retained a listing Bidens conjuncta is an erect, perennial Florida. This habitat requires periodic priority number of 2 for this species. herb found in Metrosideros- prescribed fires to maintain the low Calamagrostis hillebrandii (no Dicranopteris (ohia-uluhe) lowland to understory and prevent encroachment common name)—The following montane wet forest and shrubland on by native tropical hardwoods and some summary is based on information Maui, Hawaii. Seven populations are exotic pest plants, such as Brazilian contained in our files. No new known, and the number of individuals pepper. Only one large population (up information was provided in the totals approximately 2,200 scattered to 10,000 individuals) is known to exist, petition received on May 11, 2004. throughout upper elevation drainages of plus 16 other populations that do not Calamagrostis hillebrandii is a slender, west Maui. Although the overall range each exceed 100 individuals. There is short-rhizomatous perennial found in of the species has not changed, the little likelihood of finding additional Metrosideros-Machaerina montane wet number of individuals has declined over populations because less than one bog or Metrosideros-Rhynchospora- the last decade or so. This species is percent of the original pineland habitat Oreobolus mixed bog on Maui, Hawaii. threatened by pigs that degrade and still exists and this habitat has been This species is known from two destroy habitat, and eat vegetative parts mapped and surveyed for rare plants populations of about 2,000 individuals, and fruit of B. conjuncta, and by over the past two years. Throughout its restricted to the bogs of west Maui, nonnative plants that outcompete and range, this species is threatened by although it was formerly found on the displace it. Feral pigs have been fenced exotic pest plants and conversion of island of Molokai as well. This species out of about half of the populations of pinelands to other uses. New exotic pest is currently threatened by pigs that B. conjuncta, and nonnative plants have plants are expected to invade pine degrade and destroy habitat and been greatly reduced in the fenced rocklands, even as effective control nonnative plants that outcompete and areas. The threats from feral pigs and methods are found for existing pests. nonnative plants are, therefore, of a However, 15 of the 17 sites are on displace it. An ungulate exclosure fence moderate magnitude to this species conservation lands where control of has been constructed and another one is because they impact only about half of invasive species is being implemented under construction to protect both its populations. In addition, these and controlled burns are being populations of this species, and threats are imminent because they are conducted. In the limited area of nonnative plants are being reduced in ongoing in half of the populations. protected conservation lands it is the fenced area. We retained a listing Therefore, we retained a listing priority difficult to conduct prescribed fires in priority number of 2 for this species number of 8 for this species. urban areas. Nonnative plant species because the threats are ongoing in one Bidens micrantha ssp. ctenophylla also pose a threat and are difficult to of the two known populations and so (Kookooalu) ‘‘ The following summary control. Thus, the overall magnitude of are imminent and of a high magnitude. is based on information contained in threat is moderate. The threats are Calliandra locoensis (no common our files. No new information was ongoing and thus imminent. We name)—The following summary is provided in the petition received on assigned this species a listing priority based on information from our files. No May 11, 2004. This subspecies is an number of 8. new information was provided in the erect, perennial herb found in open Calamagrostis expansa (no common petition received on May 11, 2004. mixed shrubland to dry Metrosideros name)—The following summary is Calliandra locoensis is a spiny, (ohia) forest on the island of Hawaii, based on information contained in our leguminous shrub currently known from Hawaii. This subspecies is endemic to files. No new information was provided only two localities within the Susu´ a the island of Hawaii, where it is in the petition received on May 11, Commonwealth Forest in the restricted to an area of less than 10 2004. This species is a robust, short- municipalities of Yauco and Sabana square miles (26 square kilometers). rhizomatous perennial found in wet Grande, in southwestern Puerto Rico. Bidens micrantha ssp. ctenophylla is forest, open bogs, and bog margins on Twenty-five native species of Calliandra known from four populations totaling the islands of Maui and Hawaii, Hawaii. have been reported for the Antilles; approximately 3,000 individuals, the Historically rare, C. expansa was three are native to Puerto Rico, majority of which occur in only two restricted to wet forest and bogs on including C. locoensis. This species is populations. This subspecies is Maui. It is unknown what the historical endemic to Puerto Rico, and was threatened by fire and nonnative plants, status was on Hawaii. Currently, this discovered in 1991 during a study of the such as Pennisetum setaceum (fountain species is known from 100 populations flora of the Susu´ a Commonwealth grass) and Leucaena leucocephala (koa totaling approximately 400 individuals Forest. It was described by Garca and haole), and two populations are on Maui, and was recently discovered in Kolterman in 1992.

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53803

Calliandra locoensis is found at two heavy recreational use and construction vulnerability to catastrophic natural locations along one creek in semi- of fire breaks. Dyer’s woad (Isatis events, and the potential destruction of evergreen to deciduous forests on tinctoria), an invasive, nonnative plant specimens from expansion of shallow, serpentine soils with low that may prevent germination of recreational facilities. However, these nutrients, high drainage, and low Siskiyou mariposa lily seedlings, is now threats are not imminent because the fertility. Much of the vegetation in the found throughout the California largest known population of C. forest was cut for wood, cultivation, population, affecting 90 percent of the estremerae is found within protected livestock grazing, and charcoal known lily habitat. Forest Service staff lands, there are no known projects production, prior to its designation as a and the Klamath-Siskiyou Wildlands planned that would destroy the sites, public forest. Calliandra locoensis Center cite competition with dyer’s and the species can be transplanted exhibits low degree of self-compatibility woad as a significant and chronic threat successfully. Therefore, we assign a in pollination tests. Seeds have short to the survival of Siskiyou mariposa lily. listing priority number of 5 to this viability period, do not appear to have The combination of restricted range, species. a biotic dispersal agent (dispersed by extremely low numbers (five plants) in Canavalia napaliensis (Awikiwiki)— dehiscence), and require mesic one of two disjunct populations, poor The following summary is based on conditions for germination, which may competitive ability, short seed dispersal information contained in our files. No be factors in the species’ limited distance, slow growth rates, low seed new information was provided in the distribution. The small number of production, apparently poor survival petition received on May 11, 2004. This individuals, restricted distribution (two rates in some years, and competition species is a perennial climber found in localities), forest management practices from exotic plants threaten the open dry sites and coastal strand, (accidental trampling, brush clearing, continued existence of this species. diverse lowland dryland/mesic forest to trail maintenance), forest fires (natural Because of the restricted range and low mixed mesophytic forest on Kauai, or manmade), and catastrophic natural numbers, the magnitude of threats is Hawaii. Canavalia napaliensis is known events (hurricanes, floods, mudslides), high. While some of the threats are from three populations totaling several threaten this species. We assign a listing ongoing, others are not and overall, the hundred individuals in a small section priority number of 5 to this species threats are nonimminent. We assigned a of the Na Pali coast. This species is because the magnitude of threat to C. listing priority number of 5 to this threatened by goats that degrade and locoensis is high, due to its restricted species. destroy habitat, and by nonnative plants distribution, apparent low dispersal Calyptranthes estremerae (no that outcompete and displace it. There capability, and population number (only common name)—The following are no conservation measures underway two small populations relatively close to summary is based on information from to alleviate these ongoing, or imminent, one another). The threats are our files. No new information was threats to C. napaliensis. These threats nonimminent given that the populations provided in the petition received on are of a high magnitude because they are are found within protected lands and May 11, 2004. Calyptranthes estremerae occurring throughout its limited range. there are no known projects or is a small tree from the subtropical Therefore, we retained a listing priority management activities planned that moist forest of northwestern Puerto number of 2 for this species because the would destroy the known populations Rico, in the municipalities of Camuy, threats continue to be of a high of C. locoensis. Utuado, and Arecibo. Calyptranthes magnitude and are imminent in all three Calochortus persistens (Siskiyou estremerae was only known from populations. mariposa lily)—The following summary several individuals found near the Canavalia pubescens (Awikiwiki)— is based on information contained in recreation area adjacent to the Camuy The following summary is based on our files and the petition received on Caves, but specimens were later found information contained in our files. No September 10, 2001. The Siskiyou within the Rı´o Abajo Commonwealth new information was provided in the mariposa lily is a narrow endemic that Forest. Within the Rı´o Abajo Forest area, petition received on May 11, 2004. is restricted to two disjunct ridge tops C. estremerae was known to be located Awikiwiki is a perennial climber found in the Klamath-Siskiyou Range on the within the protected area of the Rı´o in lowland dryland forest on Maui, California-Oregon border. In California, Abajo Commonwealth Forest and at a Lanai, Kauai, and is possibly on the this species is currently found at nine site that was impacted by the island of Niihau, Hawaii. This species is separate sites on approximately 10 construction of state road PR–10. In known from at least 10 populations hectares (ha) (24.7 acres (ac)) of Klamath 1999, four small specimens of C. totaling less than 200 individuals. This National Forest and privately owned estremerae were affected by the road species is threatened by development lands that stretch for 6 kilometers (km) construction, and an additional (Maui), goats that degrade and destroy (3.7 miles (mi)) along the Gunsight- specimen was transplanted to the Puerto habitat (Kauai and Maui), and by Humbug Ridge. In 1998, five Siskiyou Rico Department of Natural and nonnative plants that outcompete and mariposa lily plants were discovered on Environmental Resources nursery in the displace native plants (all islands). Feral Bald Mountain, west of Ashland, Rı´o Abajo Forest. Additional specimens goats have been fenced out of three of Jackson County, Oregon. of C. estremerae, later found during the ten populations where C. pubescens Major threats include competition and plant surveys that were part of the currently occurs and nonnative plants shading by native and nonnative species mitigation for the construction of PR– have been reduced in two of the fostered by suppression of wild fire; 10, were successfully transplanted populations that are fenced. This increased fuel loading and subsequent within the forest boundaries, to prevent species is represented in an ex situ risk of wild fire; fragmentation by roads, their destruction during construction of collection. Because the threats are fire breaks, tree plantations, and radio- the road. A minimum of 100 specimens ongoing in more than half of the known tower facilities; maintenance and of C. estremerae are estimated for the populations they are of a high construction around radio towers and Rı´o Abajo Commonwealth Forest. The magnitude and imminent. Therefore, we telephone relay stations located on magnitude of threat to C. estremerae is retained a listing priority number of 2 Gunsight Peak and Mahogany Point; and high, due to the small number of for this species. soil disturbance and exotic weed and individuals in the two populations, the Castilleja christii (Christ’s grass species introduction as a result of species’ limited distribution, the species paintbrush)—See above in ‘‘Summary of

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53804 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

Listing Priority Changes in Candidates.’’ in the petition received on May 11, habitat, by nonnative plants that The above summary is based on 2004. Wedge spurge is a small prostrate outcompete and displace it, and by information contained in our files and herb, forming patches among limestone stochastic extinction due to naturally the petition received on January 2, 2001. rocks. It has always been restricted to occurring events. Chamaesyce Chamaecrista lineata var. keyensis Big Pine Key in Monroe County, eleanoriae is also potentially threatened (Big Pine partridge pea)—The following Florida. Roughly 90 percent of the range by rats that eat it. All of the threats summary is based on information in our falls within the National Key Deer occur range-wide and no efforts to files. No new information was provided Refuge. It is not widely and evenly control goats, rats, and nonnative plants in the petition received on May 11, distributed, occurring within 22 percent have been undertaken. The threats are of 2004. This pea is endemic to the lower of 145 sample plots in pine rockland. a high magnitude because of their Florida Keys. Historically, it was known The total population is on the order of severity and because they occur range- from Big Pine, No Name, Ramrod, and 1,001 to 10,000 plants. It is restricted to wide. The threats are ongoing and Cudjoe Keys (Monroe County, Florida). pinelands on limestone rock (pine therefore imminent. We retained a In recent decades, its known rockland), at sites with extensive listing priority number of 2 for this distribution was restricted to Big Pine exposed rock at the surface, low total species. Key, until a population was found on understory cover and low hardwood Chamaesyce remyi var. kauaiensis Lower Sugarloaf Key in 2005. Roughly density. Pine rocklands encompass (Akoko)—The following summary is 90 percent of its current range is within approximately 582 hectares (1,438 based on information contained in our the Service’s National Key Deer Refuge. acres) on Big Pine Key. These files. No new information was provided The Big Pine partridge pea is well communities are maintained by in the petition received on May 11, distributed on Big Pine Key, with a relatively frequent fires, without fire 2004. This variety is a shrub found in population estimate of roughly 10,000 tropical shrubs and trees encroach and wind-swept shrubland and adjacent individuals. It is restricted to pine the spurge is eventually shaded out. Fire forest patches dominated by rockland communities and hardwood restrictions pose the greatest short-term Metrosideros (ohia) and Syzygium on hammock edges. Pine rocklands threat, although sea level rise is Kauai, Hawaii. Chamaesyce remyi var. encompass approximately 582 hectares ultimately a threat of equal or greater kauaiensis is known from 5 populations (1,438 acres) of Big Pine Key. Pine magnitude. The National Key Deer totaling 800 to 1,000 individuals. This rockland communities are maintained Refuge has an active prescribed fire variety is found only in the Blue Hole, by relatively frequent fires. The most program, though with many constraints. Lumahai Valley, Wainiha, and Iliiliula vigorous populations of this species are We do not have new information on areas on the island of Kauai. Threats to located in areas that have burned within populations, although an abundance C. remyi var. kauaiensis include goats a decade. In the absence of fire, woody and distribution survey is under way. and pigs that degrade and destroy encroachment ensues, and the pea is We maintain the previous assessment habitat, the two-spotted leafhopper that shaded out. Lack of fire poses the that a very narrow distribution damages leaves and may spread plant greatest threat to the pea. The Refuge composed of small sub-populations viruses, and nonnative plants that has an active prescribed fire program, results in a high magnitude of threat. outcompete and displace it. There are though with many constraints. We do Specific threats include fire no conservation measures being taken to not have new information on suppression, invasive exotic plants, sea alleviate these threats to C. remyi var. kauaiensis. The threats are of a high populations, and relevant recent level rise, and stochastic threats related research is pending publication. We are magnitude because of their severity and to small population size, including maintaining the previous assessment because goats and pigs, the two-spotted hurricanes. The immediacy of threats is that a very narrow distribution, leafhopper, and nonnative plants are nonimminent because a significant combined with sea level rise as well as found throughout the shrubland and portion of the range is on conservation fire management and exotic pest plant forest areas C. remyi var. kauaiensis lands wherein threats are substantially threats, makes for an overall high occurs in. The threats are ongoing and controlled. Sea level rise remains magnitude of threat. We maintain that therefore imminent. We retained a uncontrolled, but is nonimminent the immediacy of threats is listing priority number of 3 for this regarding most of the habitat area or nonimminent, because a significant variety. population on an annual basis. portion of the range is in conservation Chamaesyce remyi var. remyi lands wherein threats are substantially Therefore, we retained a listing priority (Akoko)—The following summary is controlled. Sea level rise remains number of 6 for wedge spurge. based on information contained in our uncontrolled, but is nonimminent Chamaesyce eleanoriae (Akoko)—The files. No new information was provided regarding most of the habitat area or following summary is based on in the petition received on May 11, population on an annual basis. information contained in our files. No 2004. This variety is a perennial shrub Accordingly, we assigned the Big Pine new information was provided in the found in wet Metrosideros polymorpha- partridge pea a listing priority number petition received on May 11, 2004. This Dicranopteris linearis montane mesic of 6. species is a small shrub found in steep forest on Kauai, Hawaii. Chamaesyce Chamaesyce deltoidea pinetorum slopes and cliffs, in Metrosideros- remyi var. remyi is known from at least (Pineland sandmat)—See above in Diospyros lowland mesic forest, and 10 populations totaling 500 to 1,000 ‘‘Summary of Listing Priority Changes in Eragrostis variabilis coastal dry cliffs on individuals. Hybrids of C. remyi and C. Candidates.’’ The above summary is Kauai, Hawaii. This species has sparsiflora have been found near the based on information contained in our declined from 10 populations totaling margins of Wahiawa Bog, Kauai. This files. No new information was provided 500 individuals in 1996 to three variety is threatened by goats and pigs in the petition received on May 11, populations totaling less than 50 that degrade and destroy habitat and 2004. individuals, found only in and around potentially eat this plant, by the two- Chamaesyce deltoidea ssp. serpyllum Kalalau Valley rim, along the Na Pali spotted leafhopper that causes leaf (Wedge spurge)—The following Coast on the island of Kauai. damage and may spread viruses, and by summary is based on information in our Chamaesyce eleanoriae is threatened by nonnative plants that outcompete and files. No new information was provided goats that eat it, degrade and destroy displace it. Feral pigs and goats have

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53805

been fenced out of two of the ten Ranch, and the second is in an area of However, only one large population of populations of C. remyi var. remyi, and southwestern Los Angeles County this species is known and its history nonnative plants have been reduced in known as Newhall Ranch. Investigations suggests that it will decline as the forest the two fenced areas. Although two of of historical locations and seemingly canopy recovers. With so few the ten populations of this variety have suitable habitat within the range of the populations in existence (seven), it is been fenced and are undergoing weed species have not revealed any other not likely that the species will persist. control, there are no efforts to control occurrences. These factors, combined with the threat the ongoing threats to the other eight The threats currently facing San from invasive exotic pest plants, populations. The threats are of a high Fernando Valley spineflower include constitute a high magnitude of threat. magnitude because of their severity and threatened destruction, modification, or We anticipate that land managers will are imminent because they are ongoing curtailment of its habitat or range, and address exotic pest plant threats as in eight of the ten known populations. other natural or manmade factors. The funding is available. The conservation We retained a listing priority number of threats to C. parryi var. fernandina from situation on the privately-owned site 3 for this variety. habitat destruction or modification are with the largest known population is Charpentiera densiflora (Papala)— less than they were two years ago. One encouraging. Local extirpations of this The following summary is based on of the two populations (Ahmanson species, due to exotics or other reasons, information contained in our files. No Ranch) is in permanent, public can possibly be reversed by new information was provided in the ownership and is being managed by an reintroductions. However, we consider petition received on May 11, 2004. This agency that is working to conserve the the threats to this narrowly endemic species is a tree found in Diospyros plant. The other population (Newhall plant with no really large populations to sandwicensis dominated lowland mesic Ranch) is under threat of development; be imminent because exotic pest plants forest extending into diverse mesic however, a Candidate Conservation are currently present. As a result, we forest on Kauai, Hawaii. Charpentiera Agreement with Assurances (CCAA) is assigned a listing priority number of 2 densiflora is known from 10 being developed with the landowner, to this species. populations totaling approximately 200 and it is possible that the remaining Consolea corallicola (Florida individuals, restricted to an area of less plants can also be conserved. Until such semaphore cactus)—The following than 10 square miles (26 square an agreement is finalized, the threat of summary is based on information in our kilometers) in the Na Pali coast area on development and the potential damage files. No new information was provided the island of Kauai. This species is to the Newhall Ranch population still threatened by goats that degrade and exists. in the petition received on May 11, destroy habitat, flooding, and nonnative Chorizanthe parryi var. fernandina is 2004. The Florida semaphore cactus is plants. Feral goats have been fenced out particularly vulnerable to extinction due endemic to the Florida Keys and was of one of the 10 populations where C. to its concentration in two isolated discovered on Big Pine Key in 1919 but densiflora currently occurs, and areas. The existence of only two areas of has since been extirpated there as a nonnative plants are being controlled in occurrence, and a relatively small range, result of road building and poaching. the fenced area. This species is makes the variety highly susceptible to This cactus grows close to salt water on represented in an ex situ collection. The extinction or extirpation from a bare rock with a minimum of humus- threat from flooding is of high significant portion of its range due to soil cover in or along the edges of magnitude and imminent because no random events such as fire, drought, hammocks near sea level. The species is flood control measures have been erosion, or other events. We retained a known to naturally occur only in two undertaken for any of the populations. listing priority number of 6 for C. parryi areas, Little Torch Key and Biscayne The threats from goats and nonnative var. fernandina due to high magnitude National Park. Outplanting has resulted plants occur in nine of the ten known of nonimminent threats. in the reestablishment of a population populations and are, therefore, Chromolaena frustrata (Cape Sable in Dagny Johnson Key Largo Hammock imminent. The threats are also of a high thoroughwort)—The following summary Botanical State Park in North Key Largo magnitude because of their severity in is based on information contained in as well as in some of the lower keys. the nine populations. Therefore, we our files. No new information was Outplanting success has been low and retained a listing priority number of 2 provided in the petition received on more research is needed to determine for this species. May 11, 2004. Chromolaena frustrata is the requirements of this cacti. Only 5 of Chorizanthe parryi var. fernandina found most commonly in open sun to the original 14 mature plants (as well as (San Fernando Valley spineflower)— partial shade at the edges of rockland new recruits from fallen pads) remain in The following summary is based on tropical hammock and in coastal rock the population at The Nature information contained in our files and barrens along the northern edges of Conservancy’s Torchwood Hammock the petition received on December 14, Florida Bay in Everglades National Park, Preserve on Little Torch Key. Two 1999. Chorizanthe parryi var. Monroe County, Florida. It is known sexual morphs (males and weak fernandina is a low growing herbaceous from coastal berms along the northern hermaphrodites) comprise the extant annual plant in the buckwheat family. edges of Florida Bay in Everglades population on Little Torch Key. The Germination occurs following the onset National Park. It has not been observed female sex morph is absent from the of late-fall and winter rains and in artificially disturbed areas, but is population and sexual reproduction at typically represents different cohorts abundant in a tropical hammock that this site is not possible without human from the seed bank. Flowering occurs in lost some of its tree canopy in a intervention. Regeneration in this the spring, generally between April and hurricane. Coastal rock barrens are population is restricted to clonal June. Chorizanthe parryi var. fernandina composed of exposed Key Largo propagation. At least 629 plants were grows up to 30 centimeters in height Limestone with a diverse assemblage of discovered on a key in Biscayne and 5 to 40 centimeters across. salt tolerant herbs. Due to extensive National Park in November of 2001. A The plant currently is known from development, remaining areas of natural recent study found no genetic diversity two disjunct localities: The first is in the vegetation are limited. Land acquisition within the two wild populations. The southeastern portion of Ventura County by the State has benefited this species, results were consistent with previous on a site formerly known as Ahmanson as has private land management. reproductive biology studies that

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53806 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

suggested that the cactus does not the four known populations of this information contained in our files. No propagate sexually and that asexual species and nonnative plants have been new information was provided in the reproduction is the main life-history reduced in the fenced areas. This petition received on May 11, 2004. strategy of this species. The causes for species is represented in an ex-situ Cyanea kuhihewa is a shrub found in the population decline of this species collection. The threats continue to be of Metrosideros polymorpha-Dicranopteris include destruction or modification of a high magnitude and imminent because linearis (ohia-uluhe) lowland wet forest habitat, predation from Cactoblastis no conservation efforts are being taken on Kauai, Hawaii. This species was only cactorum moths, poaching, and to address them and they are ongoing in ever known from one population hurricanes and other natural disasters. two of the four known populations. totaling six individuals in Limahuli According to scientists, intervention Therefore, we retained a listing priority Valley on Kauai. In 2003, the last known will be required if the species is to number of 2 for this species because the individual in the wild died, but prior to survive the next 10 years. Because of threats are of a high magnitude and are that time, seeds were collected for low population numbers, reproductive imminent since they are ongoing. genetic storage and the species is still problems, and numerous ongoing Cyanea calycina (Haha)—The found in cultivation. Currently, C. threats, we assigned this species a following summary is based on kuhihewa is represented only in an ex- listing priority number of 2. information contained in our files. No situ collection. This species is Cordia rupicola (no common name)— new information was provided in the threatened by pigs that degrade and The following summary is based on petition received on May 11, 2004. This destroy habitat, by rats and slugs that information from our files. No new species is an unbranched shrub found in that may directly prey upon and information was provided in the Metrosideros-Dicranopteris montane defoliate it, and by nonnative plants that petition received on May 11, 2004. wet forest and wet gulches and outcompete and displace it. The only Cordia rupicola is a small shrub that is streambanks on Oahu, Hawaii. Cyanea known location for this species has been found in the municipalities of Pen˜ uelas calycina is known from about 20 protected by fences and nonnative and Gua´nica in southern Puerto Rico, populations with a combined total of plants have been reduced in the fenced Vieques Island, and Anegada in the 200 or more individuals. This species is area. Currently, no individuals have British Virgin Islands. The status of the threatened by pigs and goats that been reintroduced into this site. In Anegada population is not known. degrade and destroy habitat, and by addition, no control measures have been Cordia rupicola is known only from dry nonnative plants that outcompete and implemented in this site to address the forest communities on limestone displace it. Potential threats to this threats from rats and slugs. Because of substrates at low elevation. The species include rats and slugs that may these factors, we retained a listing currently known largest concentration directly prey upon and defoliate priority number of 2 for this species. of C. rupicola in Puerto Rico is found on individuals. There are no conservation privately-owned lands in Pen˜ uelas measures underway to alleviate these Cyanea kunthiana (Haha)—The where extensive land clearing for ongoing, or imminent, threats to C. following summary is based on residential lots continues to take place. calycina. These threats are of a high information contained in our files. No We assigned a listing priority number of magnitude because they are occurring new information was provided in the 2 to C. rupicola because the magnitude throughout its limited range. Therefore, petition received on May 11, 2004. of threat to this species is high due to we retained a listing priority number of Cyanea kunthiana is a shrub found in its restricted distribution, low 2 for this species because the threats closed Metrosideros polymorpha population number (not more than 25 continue to be of a high magnitude and montane wet forest on Maui, Hawaii. known specimens), urban expansion, are imminent in all populations. The historic range of C. kunthiana was maintenance of electrical facilities, and Cyanea eleeleensis (Haha)—The wet forest on the island of Maui. catastrophic natural events that threaten following summary is based on Currently, C. kunthiana is declining the Puerto Rico population, and the information contained in our files. No throughout its range and is known from threats to C. rupicola are imminent, new information was provided in the approximately 20 populations with a since only a small fraction of the petition received on May 11, 2004. combined total of several hundred species’ known population falls within Cyanea eleeleensis is a shrub found in individuals. This species is threatened protected lands, and the largest wet forest on Kauai, Hawaii. This by pigs that directly prey upon the concentration is found in privately- species was discovered in 1977, and plants and degrade and destroy habitat, owned land subjected to urban only ever known from one population and by nonnative plants that expansion. totaling less than ten individuals in outcompete and displace it. Potential Cyanea asplenifolia (Haha)—The Wainiha Valley on Kauai. In 2005, we threats to this species include rats and following summary is based on received information that there are no slugs that may directly prey upon and information contained in our files. No extant wild individuals and there is no defoliate individuals. Feral pigs have new information was provided in the material in genetic storage. This species been fenced out of three of the 20 petition received on May 11, 2004. was likely highly threatened by pigs that populations of C. kunthiana and Cyanea asplenifolia is a shrub found in degrade and destroy habitat, by rats and removal of feral pigs from fenced areas Acacia-Metrosideros forest on Maui, slugs that may have consumed it, and by is on-going. Control of nonnative plants Hawaii. Currently, this species is known nonnative plants that likely in the three fenced areas is underway. from 4 populations totaling less than outcompeted and displaced it. We are Although three of the 20 populations of 200 individuals. Cyanea asplenifolia is considering removing this species from C. kunthiana have been fenced and are threatened by pigs and goats that candidate status since it appears to be undergoing weed control, there are no degrade and destroy habitat and by extinct. However, we are seeking any efforts to control the ongoing and nonnative plants, such as Australian new information that indicates this imminent threats to the other 17 tree fern, that outcompete and displace species is still extant and will re- populations. Therefore, the threats it. Potential threats to this species evaluate the status of this species in the continue to be of a high magnitude to include rats and slugs that may directly coming year. C. kunthiana. Because the threats prey upon and defoliate individuals. Pig Cyanea kuhihewa (Haha)—The continue to be of a high magnitude and and goat exclusion fences protect two of following summary is based on are imminent for 17 of the 20

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53807

populations, we retained a listing information contained in our files. No threatened by rats. The threat from deer priority number of 2 for this species. new information was provided in the is of a high magnitude and imminent Cyanea lanceolata (Haha)—The petition received on May 11, 2004. because no deer control measures have following summary is based on Cyanea tritomantha is a palm-like tree been undertaken for any of the information contained in our files. No found in closed Metrosideros-Cibotium populations. The threats from pigs and new information was provided in the montane wet forest on the island of nonnative plants occur in two of the petition received on May 11, 2004. Hawaii, Hawaii. This species is known three known populations and are, Cyanea lanceolata is a shrub found in from four to five populations with a therefore, of a high magnitude because Acacia koa-Metrosideros polymorpha total of 100 to 500 individuals in Olaa of their severity. In addition, these (koa-ohia) lowland mesic forest on and Kau on the island of Hawaii. threats are imminent because they are Oahu, Hawaii. This species is known Cyanea tritomantha is threatened by ongoing. Therefore, we retained a listing from 20 populations totaling less than pigs that degrade and destroy habitat, priority number of 2 for this species. 300 individuals. Cyanea lanceolata is and nonnative plants that outcompete Cyrtandra kaulantha (Haiwale)—The threatened by pigs, that eat plants and and displace it. Potential threats to this following summary is based on degrade and destroy habitat, and by species include rats and slugs that may information contained in our files. No nonnative plants that outcompete and directly prey upon and defoliate new information was provided in the displace it. Potential threats to this individuals, and human trampling of petition received on May 11, 2004. species include rats and slugs that may individuals located near trails. Feral Cyrtandra kaulantha is a shrub found in directly prey upon and defoliate pigs have been fenced out of two moist wooded gulches in dense shade individuals. There are no conservation populations of C. tritomantha and on Oahu, Hawaii. This species is known measures underway to alleviate these nonnative plants have been reduced in from seven populations with a total of ongoing, or imminent, threats to C. the fenced areas. Although two 23 individuals along the Waiahole Ditch lanceolata. These threats are of a high populations of C. tritomantha have been Trail. Cyrtandra kaulantha is threatened magnitude because they are occurring fenced and weeds are being controlled by pigs that degrade and destroy habitat, throughout its limited range and are in these fenced areas, there are no by nonnative plants that outcompete imminent in all populations. Therefore, efforts to control the ongoing and and displace it, genetic bottlenecks, we retained a listing priority number of imminent threats to the other random demographic fluctuations, and 2 for this species. populations. Therefore, the threats stochastic environmental events such as Cyanea obtusa (Haha)—The following continue to be of a high magnitude to tree falls and hurricanes. Direct summary is based on information C. tritomantha. Because the threats predation by slugs is a potential threat. contained in our files. No new continue to be of a high magnitude and None of the populations are protected information was provided in the are imminent for the unmanaged by fences. Nonnative plants have been petition received on May 11, 2004. populations, we retained a listing reduced in only one of the seven known Cyanea obtusa is a shrub found in priority number of 2 for this species. populations. There are no other Metrosideros polymorpha (ohia) mixed conservation measures being taken to mesic forest on Maui, Hawaii. This Cyrtandra filipes (Haiwale)—The alleviate these ongoing and imminent species is known from six populations following summary is based on threats to C. kaulantha. These threats with a combined total of approximately information contained in our files. No are of a high magnitude because of their 30 individuals. Cyanea obtusa is new information was provided in the severity and they are occurring threatened by feral goats, pigs, and petition received on May 11, 2004. throughout its limited range. Therefore, cattle that degrade and destroy habitat, Haiwale is a shrub found in lowland we retained a listing priority number of and by nonnative plants that wet and mesic forest on Maui and 2 for this species because the threats outcompete and displace it. Potential Molokai, Hawaii. Historically rare, C. continue to be of a high magnitude and threats include rats and slugs that may filipes was found in southeastern are imminent in all populations. directly prey upon and defoliate Molokai and west Maui. Currently, this Cyrtandra oenobarba (Haiwale)—The individuals of C. obtusa. Feral ungulates species is known from three following summary is based on have been fenced out of one of the six populations, one on Molokai and two on information contained in our files. No populations of this species, and another Maui, totaling approximately 2,200 new information was provided in the fence is under construction to protect a individuals. There is some question as petition received on May 11, 2004. second population. Nonnative plant to the true identity of the Maui Cyrtandra oenobarba is a low, control is underway in the fenced populations, which do not fit the decumbent, fleshy, subshrub found in population and will be initiated in the description of the species precisely. If, Metrosideros polymorpha-Dicranopteris second fenced population once the upon further taxonomic study, the Maui linearis (ohia-uluhe) lowland wet forest fence is completed. Although one of the populations are determined not to be on Kauai, Hawaii. The historic range of six populations of C. obtusa has been this species, then it is even rarer, with this species was throughout the island fenced and is undergoing weed control, only the Molokai population of a few of Kauai. Recent surveys show that the and fencing of a second population is individuals remaining. Cyrtandra filipes species is now limited to 10 or more underway, there are no efforts to control is threatened by pigs and deer that populations totaling 200 to 500 the ongoing and imminent threats to the degrade and destroy habitat, by individuals in only three small areas on other four populations. Therefore, the nonnative plants that outcompete and the island of Kauai. Cyrtandra threats continue to be of a high displace it and potentially by rats that oenobarba is threatened by pigs that magnitude for C. obtusa. Because the directly prey on it. Feral pigs have been degrade and destroy habitat, and by and threats continue to be of a high fenced out of one of the three nonnative plants that outcompete and magnitude and are imminent for four of populations of C. filipes but deer are displace it. There are no conservation the six known populations, we retained able to jump over most pig exclusion measures being taken to alleviate these a listing priority number of 2 for this fences so they are still considered a threats to C. oenobarba. Pigs and species. threat. Nonnative plants are being nonnative plants are found throughout Cyanea tritomantha (Aku)—The reduced in the population that is fenced the lowland wet forest habitat of this following summary is based on but all populations are potentially species, and, therefore, are ongoing and

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53808 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

imminent. In addition, the threats are of summary is based on information could result in a serious contraction of a high magnitude because of their contained in our files. No new the species range. However, the most severity and because they occur information was provided in the immediate and severe of the threats to throughout the limited range of this petition received on May 11, 2004. This this species (i.e., ditching of the species. Because the threats are of a high plant has recently been found in Big Labounsky Pond site, and encroachment magnitude and are imminent in all Cypress National Preserve in Monroe of aggressive vegetative competitors) known populations, we retained a and Collier Counties, Florida. It is also have been curtailed or are being actively listing priority number of 2 for this known from five small populations in managed by The Nature Conservancy at species. Miami-Dade County, two on small tracts the one New Jersey site, the Delaware Cyrtandra oxybapha (Haiwale)—The of conservation lands. The populations Division of Fish and Wildlife, and following summary is based on in Miami-Dade County are vulnerable to Delaware Natural Heritage Program at information contained in our files. No invasion by exotic pest plants and to the Assawoman Pond site, and the new information was provided in the lack of prescribed fire. The populations Marine Corps at the Camp Lejeune site petition received on May 11, 2004. in Big Cypress National Preserve do not in North Carolina. Based on continued Cyrtandra oxybapha is a shrub found in appear to be large, and thus may be threats of a high magnitude but low Metrosideros polymorpha- vulnerable to random events, as well as imminence, we retained a listing Cheirodendron trigynum (ohia-olapa) exotic pest plant invasions, with Old priority number of 5 for this species. montane wet forest to mesic Acacia- World climbing fern being the chief Digitaria pauciflora (Florida pineland Metrosideros (koa-ohia) forest on Maui, threat. The threats from invasive species crabgrass)—The following summary is Hawaii. Currently, this species is known are being controlled to some extent. based on information in our files. No only from one population totaling 250 to Prescribed burns are being conducted new information was provided in the 300 individuals in the Kahikinui area of on Miami-Dade conservation lands and petition received on May 11, 2004. This east Maui and one additional biological control agents are being grass occurs at the edges of marl prairies population of 25 individuals on west developed for Old World climbing fern, within pine rocklands of the Long Pine Maui. This species is threatened by pigs so the overall magnitude of threats is Key area of Everglades National Park, an that degrade and destroy habitat, and by moderate. Threats to the three of the five area of about 8,000 hectares (31 square nonnative plants that outcompete and Florida prairie-clover populations in miles). Because this plant has a narrow displace it. Feral pigs have been fenced Miami-Dade County are imminent. distribution and habitat requirements out of the smaller of the two Threats from lack of fire and invasive and only occurs within the Long Pine populations of C. oxybapha, and species are ongoing, and conducting Key area, threats from exotic pest plants nonnative plants have been reduced in prescribed fires in urban areas is or other habitat management problems the fenced population. However, the difficult, as is controlling exotic pest are significant. The National Park threats are not controlled and are plants. The urban conservation lands Service has controlled exotic pest plants ongoing in the remaining, larger where this plant occurs require regular and maintains an appropriate fire unfenced population. Therefore, the maintenance. Threats from exotic pest regime, but threats remain, particularly threats from pigs and nonnative plants plants to the two populations in Big from Old World climbing fern, which is are of a high magnitude and imminent Cypress National Preserve may be rapidly spreading into southern Florida for C. oxybapha and we retained a nonimminent because Old World and cannot easily be controlled. Therefore the magnitude of threats is listing priority number of 2 for this climbing fern has not yet arrived. species. high. Because the Old World climbing Overall, we consider threats to be Cyrtandra sessilis (Haiwale)—The fern and perhaps other new exotic pest imminent, so assigned a listing priority following summary is based on plants are not in the immediate vicinity number of 9 to this subspecies. information contained in our files. No of D. pauciflora but are expected to new information was provided in the Dichanthelium hirstii (Hirsts’ panic arrive within the next decade, the petition received on May 11, 2004. grass)—The following summary is based threats are nonimminent and the listing Cyrtandra sessilis is a shrub found in on information from our files. No new priority number is 5. wet gulch bottoms and slopes of mesic information was provided in the Dubautia imbricata ssp. imbricata valleys and wet forests on Oahu, petition received on May 11, 2004. (Naenae)—The following summary is Hawaii. This species is known from two Dichanthelium hirstii, a perennial grass, based on information contained in our populations totaling approximately 50 produces erect leafy flowering stems files. No new information was provided individuals in the Waikane area of the from May to October. Dichanthelium in the petition received on May 11, Koolau Mountains. Cyrtrandra sessilis is hirstii occurs in coastal plain 2004. This subspecies is a shrub found threatened by pigs that degrade and or intermittent ponds, usually in wet in wet forest and bogs on Kauai, Hawaii. destroy habitat, and by nonnative plants savanna or pine barren habitats and is Dubautia imbricata ssp. imbricata is that outcompete and displace it. No on- found at only two sites in New Jersey, known from three populations totaling the-ground conservation efforts have one site in Delaware, and two sites in 1,000 or more individuals in the been initiated but this species is North Carolina. While all five extant D. Wahiawa Mountains. This subspecies is represented in an ex-situ collection. Pigs hirstii populations are located on public threatened by pigs that degrade and and nonnative plants are found land or privately owned conservation destroy habitat, and by nonnative plants throughout the mesic and wet forest lands, natural threats to the species from that outcompete and displace it. habitat in which C. sessilis occurs encroaching vegetation and fluctuations Nonnative plants have been reduced in making these threats ongoing and in climatic conditions remain of a portion of the species’ range. No other imminent. These threats are of high concern and may be exacerbated by conservation measures for D. imbricata magnitude because of their severity and anthropomorphic factors occurring ssp. imbricata have been undertaken. because they are occurring throughout adjacent to the species’ wetland habitat. Pigs are found throughout the wet forest its limited range. We retained a listing Given the low numbers of plants found and bog habitat of this subspecies. priority number of 2 for this species. at each site, even minor changes in the Therefore, the threat from pigs is Dalea carthagenensis floridana species’ habitat could result in local ongoing and imminent. In addition, the (Florida prairie-clover)—The following extirpation. Loss of any known sites threat from feral pigs is of a high

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53809

magnitude because the severity of this high magnitude and imminent for D. 12,000 E. basalticus plants exist, with threat and because pigs occur waialealae, thus, we retained a listing the population distributed among the throughout the limited range of this priority number of 2 for this species. same eight, potentially interbreeding subspecies. Nonnative plants also Echinomastus erectocentrus var. subpopulations that occupy about 67 remain a high magnitude threat to D. acunensis (Acuna cactus)—The hectares (ha) (165 acres (ac)) within the imbricata ssp. imbricata because of the following summary is based on known distribution of approximately 52 severity of the threat and because they information contained in our files and km2 (20 mi2). The overall population occur throughout its limited range. the petition received on October 30, size, both in number of individuals and Competition by nonnative plants is an 2002. The Acuna cactus is known from total area occupied, remained relatively ongoing and imminent threat to most of six sites on well-drained gravel ridges stable between 1988 and 1998. the individuals of D. imbricata ssp. and knolls on granite soils in Sonoran However, the numbers of individuals in imbricata, although weed control has Desert scrub association at 1300–2000 the four smallest subpopulations been undertaken in a portion of its feet elevation. Habitat destruction has decreased substantially between those range. We retained a listing priority been a threat in the past and is a survey periods. The cause of the decline number of 3 for this subspecies. potential future threat to this species. is unknown, yet the threats facing this Dubautia plantaginea ssp. magnifolia New roads and illegal activities have not species include habitat modification, (Naenae)—The following summary is yet directly affected the cactus overutilization from recreational use in based on information contained in our populations at Organ Pipe Cactus the areas, and randomly occurring files. No new information was provided National Monument, but areas in close environmental affects. Surveys in the petition received on May 11, proximity to these known populations undertaken in 2000 by Washington 2004. Dubautia plantaginea ssp. have been altered. Cactus populations Department of Natural Resources staff magnifolia is a shrub found in bogs and located in the Florence area have not report the numbers for all eight sub- wet forest on Kauai, Hawaii. This been monitored and these populations populations returning to similar levels subspecies is known from two may be in danger of habitat loss due to as those reported in 1988. Monitoring by populations totaling 100 individuals recent urban growth in the area. Urban the University of Washington in 2006 near the summit of Waialeale on the development near Ajo, Arizona, as well will provide data on the species current island of Kauai. Dubautia plantaginea as that near Sonoyta, Mexico, is a status which will be available for our ssp. magnifolia is threatened by pigs significant threat to the Acuna cactus. next CNOR. Based on nonimminent that degrade and destroy habitat, Populations of the Acuna cactus within threats of moderate magnitude, we nonnative plants that outcompete and the Organ Pipe Cactus National assigned a listing priority number of 11 displace it, and by stochastic extinction Monument have shown a 50 percent to this species. due to naturally occurring events. Feral mortality rate in recent years. The pigs have been fenced out of one of the reason(s) for the mortality are not Eriogonum codium (Umtanum Desert two populations of D. plantaginea ssp. known, but continuing drought buckwheat)—The following summary is magnifolia, and nonnative plants have conditions are thought to play a role. based on information from our files. No been reduced in the fenced population. The Arizona Plant Law and the new information was provided in the Because of the severity of the threats Convention on International Trade in petition received on May 11, 2004. This and because they are ongoing in one of Endangered Species of Wild Fauna and is a long-lived woody perennial plant in the two known populations they are of Flora provide some protection for the the Polygonaceae (buckwheat) family a high magnitude and imminent. We Acuna cactus. However, illegal that forms low mats. Individual plants retained a listing priority number of 3 collection is a primary threat to this may exceed 100 years of age. The only for this subspecies. cactus variety and has been documented known population of the species occurs Dubautia waialealae (Naenae)—The on the Organ Pipe Cactus National exclusively on exposed basalt from the following summary is based on Monument in the past. While the threats Lolo Flow of the Wanapum Basalt information contained in our files. No continue to be of a high magnitude, they Formation in Benton County, new information was provided in the are currently nonimminent. Thus, we Washington. The population has a petition received on May 11, 2004. retained a listing priority number of 6 discontinuous distribution along a Dubautia waialealae is a shrub found in for this cactus variety. narrow, 1.0 mi (1.6 km) long mountain bogs and diverse mesic to wet forest on Erigeron lemmonii (Lemmon ridge top. It is unknown if the historical Kauai, Hawaii. This species is known fleabane)—See above in ‘‘Summary of distribution of Umtanum desert from one population totaling less than Listing Priority Changes in Candidates.’’ buckwheat was different from the 800 individuals near the summit of The above summary is based on species’ current distribution. There are Waialeale and one individual at the information contained in our files and a number of ongoing threats to opposite end of the Alakai Plateau. the petition received in July 1975. Umtanum desert buckwheat. The Dubautia waialealae is threatened by Erigeron basalticus (Basalt daisy)— species is not well adapted to fire, and pigs that prey on it and degrade and Erigeron basalticus is a perennial, negative impacts to the species from destroy habitat, by nonnative plants that herbaceous plant with a taproot and one past fires have been significant. In outcompete and displace it, and by to several sprawling stems 10 to 15 addition, Umtanum desert buckwheat stochastic extinction due to naturally centimeters (cm) (4 to 6 inches (in)) plants are easily damaged by trampling occurring events. Pigs have been fenced long. Erigeron basalticus grows in or crushing by off-road vehicles. Digging out of the bog where the one individual crevices in basalt cliffs on canyon walls, activities and soil disturbance as a result of D. waialealae currently occurs. In at elevations from 380 to 460 meters of prospecting and collecting of addition, fences protect half of the larger (1,250 to 1,500 feet), along the Yakima petrified rock may also threaten population, and nonnative plants are River Canyon and Selah Creek, a Umtanum desert buckwheat as a result being controlled around these tributary of the Yakima River. It is found of. Finally, the species appears to have individuals. However, the threats are in microsites that are largely devoid of a very low reproductive rate. The factors not controlled and are ongoing in half other vegetation and undergoing responsible for the lower-than-expected of the larger population. The threats primary succession. As of the most number of seedlings in the population from pigs and nonnative plants are of a recent survey in 2000, an estimated over are unknown buy may include low seed

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53810 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

production, low seed or pollen viability, Pohakuloa Training Area on the island reduced in those areas. However, these low seedling vigor and survival, impacts of Hawaii. Historically, this species was threats are not controlled and are to plant pollinators or dispersal also found on Hualalai and Puu ongoing in the remaining, unfenced mechanisms, and insect predation of Huluhulu on Hawaii and possibly populations, and are, therefore, of a high seeds. The only known population of Ulupalakua on Maui, but it no longer magnitude and imminent. In addition, Umtanum desert buckwheat is small occurs at these sites. Festuca the threat from goats is of a high and limited to a single site. Based on the hawaiiensis is threatened by pigs, goats, magnitude, and ongoing and imminent, available information, the magnitude of and sheep that degrade and destroy because no goat control measures have threat to Umtanum desert buckwheat is habitat, by nonnative plants that been undertaken for any of the high and the identified threats are outcompete and displace it, and by fire. populations of G. remyi. Therefore, we imminent. Thus, we retained a listing Feral pigs, goats, and sheep have been retained a listing priority number of 2 priority of 2 for Umtanum desert fenced out of a portion of the for this species. buckwheat. populations of F. hawaiiensis, and Geranium hanaense (Nohoanu)—See Eriogonum kelloggii (Red Mountain nonnative plants have been reduced in above in ‘‘Summary of Listing Priority buckwheat)—The following summary is the fenced areas. However, these threats Changes in Candidates.’’ The above based on information contained in our are not controlled and are ongoing in summary is based on information files. No new information was provided the remaining, unfenced populations. In contained in our files. No new in the petition received on May 11, addition, the threat from fire is of a high information was provided in the 2004. Red Mountain buckwheat is a magnitude and imminent because of the petition received on May 11, 2004. perennial herb endemic to serpentine severity of this threat, it occurs Geranium hillebrandii (Nohoanu)— habitat of lower montane forests found throughout the range of the species, and The following summary is based on between 1,900 and 4,100 feet. Its no fire control measures have been information contained in our files. No distribution is limited to the Red undertaken for any of the populations of new information was provided in the Mountain and Little Red Mountain areas F. hawaiiensis. Since the threats are of petition received on May 11, 2004. of Mendocino County, California, where a high magnitude and are imminent for Geranium hillebrandii is a decumbent it occupies 50 acres and 900 square feet, F. hawaiiensis, we retained a listing subshrub found in bogs on Maui, respectively. Occupied habitat at Red priority number of 2 for this species. Hawaii. Previously known from two Mountain is scattered over 4 square Festuca ligulata (Guadalupe fescue)— populations totaling approximately 500 miles. The total population size is The following summary is based on individuals, it is currently known, as a estimated at between 20,000 and 30,000 information from our files and in the result of more thorough surveys, from plants, which occur in 44 polygons. petition received in 1975. Guadalupe over 2,000 individuals. Geranium Intensive monitoring of permanent plots fescue is a member of the Poaceae (Grass hillebrandii is moderately threatened by on three study sites in Red Mountain family). This species is currently only pigs that degrade and destroy habitat, suggests considerable annual variation known from higher elevations in the and by nonnative plants that in plant density and reproduction, but Chisos Mountains area in the Big Bend outcompete and displace it. Feral pigs no discernable population trend was Area of Texas and adjacent Coahuila, have been fenced out of some of the evident in two of three study sites. One Mexico. The population in Big Bend populations of G. hillebrandii, and study site showed a 65 percent decline National Park is bisected by a trail and nonnative plants have been reduced in in plant density over 11 years. subject to occasional trampling by those areas. The threats from feral pigs The primary threat to this species is horses and hikers. The magnitude of and nonnative plants are, therefore, of a the potential for surface mining for threats for Guadalupe fescue is moderate magnitude to this species chromium and nickel. Virtually the moderate to low because of population because they affect only about half of its entire distribution of Red Mountain monitoring, fire management, and trail populations. In addition, these threats buckwheat is either owned by mining operation by the National Park Service. are imminent because they are ongoing interests, or is covered by existing Threats to the overall population are in half of the populations. Therefore, we mining claims, none of which are nonimminent because of monitoring retained a listing priority number of 8 currently active. Surface mining would and other conservation actions that for this species. destroy habitat suitability for this address threats to the species. Thus, we Geranium kauaiense (Nohoanu)—See species. The species is also believed assign a listing priority number of 11 to above in ‘‘Summary of Listing Priority threatened by tree and shrub this species. Changes in Candidates.’’ No new encroachment into its habitat, in Gardenia remyi (Nanu)—The information was provided in the absence of fire. Given the magnitude following summary is based on petition received on May 11, 2004. (high) and immediacy (nonimminent) of information contained in our files. No Gonocalyx concolor (no common the threat to the small, scattered new information was provided in the name)—The following summary is populations, and its taxonomy (species), petition received on May 11, 2004. based on information from our files. No we assigned a listing priority number of Nanu is a tree found in mesic to wet new information was provided in the 5 to this species. forest on islands of Kauai, Molokai, petition received on May 11, 2004. Festuca hawaiiensis (no common Maui, and Hawaii, Hawaii. Gardenia Gonocalyx concolor is a small evergreen name)—The following summary is remyi is known from several epiphytic shrub found within the dwarf based on information contained in our populations totaling a few hundred or elfin forest type near Cerro La Santa files. No new information was provided individuals throughout its range. This in the Carite Commonwealth Forest on in the petition received on May 11, species is threatened by pigs and goats the border of the municipalities of 2004. This species is a cespitose that eat this plant and degrade and Cayey and San Lorenzo of southeastern (growing in dense, low tufts) annual destroy habitat, and by nonnative plants Puerto Rico. The population previously found in dry forest on the islands of that outcompete and displace it. This reported from the Caribbean national Hawaii and Maui, Hawaii. Festuca species is represented in an ex situ Forest in Luquillo is apparently no hawaiiensis is known from more than collection. Feral pigs have been fenced longer extant. Approximately 172 plants 20 populations totaling approximately out of the west Maui populations of G. have been located at the Carite site. 1,000 individuals in and around the remyi, and nonnative plants have been Gonocalyx concolor appears to be

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53811

predominantly outcrossed, and Removed plants would no longer be a Inland Corporation. We assigned a pollinated by hummingbirds. Successful portion of the extant in-situ population, listing priority number of 11 to this propagation at the University of Turabo, thereby affecting the plants genetic and species as the magnitude of threats is Turabo, Puerto Rico has been achieved. demographic potential. The loss of moderate since the largest site is under We assign a listing priority number of 5 about 147 of the 200 plants translocated permanent protection and the threats to G. concolor, because the magnitude of to the Manchester site from an adjacent are nonimminent since the whorled threat is high, due to its limited native unprotected site represents a loss sunflower appears to withstand some distribution and population numbers, of about 29 percent of the known native disturbance and there are no known prior habitat destruction from plants in the area. This likely represents immediate threats to the sites. construction of roads and a depletion of the genetic diversity of Hibiscus dasycalyx (Neches River telecommunication towers, certain the species. This species is likely rose-mallow)—The following summary forest management practices, threatened by low numbers, possibly is based on information from our files. availability of specific pollinators, and low seed set, and seed viability. We are No new information was provided in potential for catastrophic natural events; aware of no reports of seedlings at the the petition received on May 11, 2004. the threats to G. concolor are native occurrence. This could be of Neches River rose-mallow is a perennial nonimminent, because the known considerable consequence and represent woody herb growing 3–7 feet tall with population is found within protected lack of pollinator services and/or one or more stems per clump and white lands, initial efforts at propagation have limitations on genetic diversity of an flowers 3–6 inches wide, consisting of been successful, and there are no known already small population. We retained a five 2–4 inch long white petals with projects or management activities listing priority number of 5 for H. deep red or purple at the base. The planned that would destroy the known orcuttii due to overall nonimminent Neches River rose-mallow appears to be population. threats of high magnitude. restricted to wetlands, or those portions Hazardia orcuttii (Orcutt’s Hedyotis fluviatilis (Kamapuaa)—The of wetlands that are exposed to open hazardia)—The following summary is following summary is based on sun and normally hold standing water based on information contained in our information contained in our files. No early in the growing season, with water files and the petition received on March new information was provided in the levels dropping during late summer and 8, 2001. Hazarida orcuttii is an petition received on May 11, 2004. fall. This species appears to have evergreen shrubby species in the Kamapuaa is a scandent shrub found in community dominance within that Asteraceae (sunflower family). The mesic to wet forest on Oahu and Kauai, narrow band between high and low resinous shrubs are 50–100 centimeters Hawaii. This species is known from six water levels in wetlands exposed to (20–40 inches (in)) high and the populations totaling 500 to 1,000 open sun. However, historical habitat relatively few branches are erect. This individuals throughout its range. has been affected by drainage or filling species flowers between August and Hedyotis fluviatilis is threatened by pigs of floodplain depressions and oxbows, October. The only known extant native that degrade and destroy habitat, and by stream channelization, road occurrence of this species in the U.S. is nonnative plants that outcompete and construction, timber harvesting, in coastal San Diego County, California displace it. All of the threats occur agricultural activities (primarily at the Manchester Conservation Area, range-wide and no efforts for their mowing and grazing), and herbicide use. previously known as the Manchester control or eradication are being Threats that continue to potentially Mitigation Bank, now managed by The undertaken. We retained a listing affect the species include wetland Center for Natural Lands Management priority number of 2 because the alteration, herbicide use, grazing, and (CNLM). The area is about 50 hectares severity of the threats is high and are mowing during the species’ growing and (ha) (123 acres (ac)) and includes Diegan ongoing so are imminent. flowering period. coastal sage scrub, southern maritime Helianthus verticillatus (Whorled A 1995 status survey of 10 counties chaparral, and willow scrub. Within the sunflower)—The following information resulted in confirmation or discovery of conservation area, the natural is based on information contained in the species in only three sites, but in population of H. orcuttii occupies only our files. No new information was three separate counties and three 2 ha (5 ac). The Manchester provided in the petition received on different watersheds, suggesting a Conservation Area also supports May 11, 2004. The whorled sunflower is relatively wide historical range. These populations of federally listed California found in moist, prairie-like openings in three populations, Ponta site in gnatcatcher (Polioptila californica woodlands and along adjacent creeks. Cherokee County; Lovelady in Houston californica), Arctostaphylos glandulosa Despite extensive surveys throughout its County; and Highway 94 in Trinity ssp. crassifolia (Del Mar manzanita), range, only six sites are known for this County, are within highway rights-of- and Acanthomintha ilicifolia (San Diego species. There are two sites documented way and are somewhat protected by a thornmint). The general substrate for the for Cherokee County, Alabama; three in management agreement between Texas H. orcuttii is sandstone. Floyd County, Georgia; and a single site Parks and Wildlife Department and The majority of the native occurrence in Madison County, Tennessee. This Texas Department of Transportation. has experienced more or less species appears to have restricted Because these sites are still vulnerable continuous impacts from people in the ecological requirements and is to herbicides and adjacent agricultural adjacent housing area who use the open dependent upon the maintenance of activities, they support relatively low space as a recreation area. Impacts can prairie-like openings for its survival. population numbers: Ponta (Highway include pedestrian trampling and Active management of habitat is needed 204) has ranged from 5 to 0 plants this creation of bicycle trails near H. orcuttii to keep competition and shading under year; Lovelady (Highway 230), 3–14 plants. There are several other existing control. Much of its habitat has been plants; and Highway 94, 15–49 plants. and potential threats to this species in degraded or destroyed for agricultural, Continued surveys for H. dasycalyx the U.S. Introduced invasive exotic silvicultural, and residential purposes. have resulted in new populations. plants may pose a threat to the The majority of the Georgia populations About 300 plants were found on land reproductive potential of this species. are protected as they are located within owned by the Temple-Inland Translocations can pose a threat by a conservation easement area donated to Corporation in east Trinity County. A removal of plants from viable habitat. The Nature Conservancy by Temple- Candidate Conservation Agreement now

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53812 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

covers this site, but smaller numbers populations are on conservation lands its habitat, specifically from urban have been seen in recent years, possibly in the Florida Keys, Monroe County. development and off-highway vehicle due to changes in the wetland’s The species’ habitat of coastal rock activity remain high and are likely to hydrology. Another site discovered on barrens, coastal berms, and edges of increase. However, the U.S. Forest land previously owned by Champion tropical hammocks is being invaded by Service has committed to develop a International Corporation (near White exotic pest plants. On public conservation strategy and monitoring Rock Creek in west Trinity County) once conservation lands, invasive exotic program to protect this species on supported 300–400 plants. However, the species are being controlled in some National Forest lands, and the State of status of this population is currently areas and populations of this species, Nevada has listed the species as unknown due to a recent change in although small, have appeared stable in critically endangered, which provides a ownership. recent years. Populations on both mechanism to track future impacts on In west Houston County, a population private and public lands are subject to private lands. In addition, both the of 300 to 400 plants discovered on hurricanes, with their subsequent storm Forest Service and State of Nevada have private land has been purchased by the surges. Overall, the threats to this plant agreed to coordinate closely on all Natural Area Preservation Association, a are moderate in magnitude. Because activities that may affect this species. land trust organization, in order to exotic pest plants, particularly Brazilian For these reasons, we have determined protect this land in perpetuity. In east pepper and latherleaf are a chronic that the threats to Webber ivesia are Houston County, a population was problem, with Brazilian pepper nonimminent and maintained a LPN of discovered in Compartment 55 in occupying coastal areas that are not 5. Crockett National Forest at the south regularly managed and latherleaf Joinvillea ascendens ssp. ascendens end of Forest Road 503. This population possibly still increasing, and because (Ohe)—The following summary is based is large (at least 400), but has not yet existing populations of this plant are on information contained in our files. been fully surveyed. Davy Crockett small, especially on conservation lands, No new information was provided in National Forest represents the only this species is highly vulnerable to the petition received on May 11, 2004. public land within the range of H. lapses in habitat management. Ohe is an erect herb found in wet dasycalyx. In 2000, nearly 800 plants Therefore, threats are imminent and the Metrosideros polymorpha forest on the were introduced into Compartments 16 listing priority number is 9. islands of Kauai, Oahu, Molokai, Maui, and 20 of the forest as part of a Ivesia webberi (Webber ivesia)—The and Hawaii, Hawaii. Joinvillea reintroduction effort. One population following summary is based on ascendens ssp. ascendens is known has retained high numbers (about 200), information contained in our files. No from 50 to 100 populations totaling 100 but the second has been affected by a new information was provided in the to 200 individuals throughout its range. change in hydrology. In 2004, another petition received on May 11, 2004. Plants are typically found as only one or 200 plants were placed in a third Ivesia webberi is a low, spreading, two individuals, with miles between location, in Compartment 11 of Davy perennial herb that occurs very populations. This subspecies is Crockett National Forest. This site will infrequently in Lassen, Plumas, and threatened by pigs that degrade and be monitored for success in 2006. Two Sierra counties in California, and in destroy habitat, by an unknown fungus, more sites in Davy Crockett National Douglas and Washoe counties, Nevada. and by nonnative plants that Forest have been identified as potential The species is restricted to sites with outcompete and displace native plants. sites for reintroduction efforts and will sparse vegetation and shallow, rocky Feral pigs have been fenced out of some be investigated. soils composed of volcanic ash or of the populations of J. ascendens ssp. Some populations of this species are derived from andesitic rock. Occupied ascendens, and nonnative plants have at risk of genetic swamping by other sites generally occur on mid-elevation been reduced in a few populations that Hibiscus species. Hybridization has flats, benches, or terraces on mountain are fenced. However, these threats are occurred at both the Ponta and Highway slopes above large valleys along the not controlled and are ongoing in the 94 sites. Stephen F. Austin State transition zone between the eastern edge remaining, unfenced populations. In University has completed a genetic of the northern Sierra Nevada and the addition, an unknown fungus attacks analysis of H. dasycalyx, confirming it northwestern edge of the Great Basin the seedlings of this subspecies, limiting as a separate species. Stephen F. Austin Desert. Currently, the global population regeneration. Most known plants do not State University is continuing a habitat is estimated at approximately 4.8 appear healthy. There is no effectively study of H. dasycalyx and is developing million individuals at 15 known sites. known control method for this fungus a high number of plants for The Nevada sites support nearly 98 and no efforts to alleviate its effects are reintroduction purposes. The threats to percent of the total number of being implemented for any of the the species continue to be of a high individuals (4.7 million) on about 30 populations of J. ascendens ssp. magnitude because of their severity, but acres of occupied habitat. The California ascendens. The threats to this species overall are nonimminent. Thus, we sites are larger in area, totaling about are of high magnitude and are on-going, retained a listing priority number of 5 156 acres, but support fewer individuals and thus are imminent. Therefore, we for the Neches River rose-mallow. (approximately 115,000). retained a listing priority number of 3 Indigofera mucronata keyensis The primary threats to Webber ivesia for this subspecies. (Florida indigo)—The following include urban development, authorized Keysseria erici (no common name)— summary is based on information and unauthorized roads, off-road The following summary is based on contained in our files. No new vehicle activities and other dispersed information contained in our files. No information was provided in the recreation, livestock grazing and new information was provided in the petition received on May 11, 2004. This trampling, fire and fire suppression petition received on May 11, 2004. This is a rare plant, inherently vulnerable to activities including fuels reduction and species is a short, rhizomatous extinction because of its limited prescribed fires, and displacement by perennial herb found in montane bogs numbers. Of the eight populations that noxious weeds. Despite the high on Kauai, Hawaii. Keysseria erici is exist, the largest known population is numbers of individuals, observations in known from several populations in bogs on private land and comprises up to 2002 and 2004 confirmed that direct within the Alakai swamp region of 1,000 individuals. Seven much smaller and indirect impacts to the species and Kauai, totaling approximately 1,000

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53813

individuals. This species is threatened petition received on May 11, 2004. over nine years of monitoring, even by pigs that degrade and destroy habitat, Hulumoa is a parasitic subshrub found within the fenced areas. Also, with only and by nonnative plants that on two species of native trees, Sapindus three known populations, reduced outcompete and displace it. Feral pigs oahuensis and Nestegis sandwicensis, reproductive vigor and threats from have been fenced out of three of the only in diverse mesic forests on Oahu, hurricanes and other stochastic events, bogs where K. erici currently occurs and Hawaii. Recent surveys indicate that the the threats to this species are of a high nonnative plants have been greatly species is known only from one magnitude, and are ongoing and reduced in all three fenced bogs. population of 1,000 individuals in therefore imminent. Consequently, we However, these on-going conservation Makua Valley. Korthalsella degeneri is retained a listing priority number of 2 efforts benefit only a few of the threatened by goats that eat this plant for this species. populations of K. erici. The majority of and degrade and destroy habitat, fire, Leavenworthia crassa (Gladecress)— the populations of K. erici are in and nonnative plants that outcompete The following information is based on unfenced areas and have no protection and displace native plants. Goats have information contained in our files. No from the impacts of pigs and nonnative been partially fenced out of the area in new information was provided in the plants. Even the three fenced Makua Valley where K. degeneri petition received on May 11, 2004. This populations are not secure, due to currently occurs but some goats are still species of gladecress is a component of funding limitations to support fence present. Fires resulting from military glade flora, occurring in association maintenance and weeding that is activities have been minimized but not with limestone outcroppings. needed to prevent incursions of pigs completely eliminated. Threats continue Leavenworthia crassa is endemic to a and nonnative plants. Thus the threats to be of a high magnitude and imminent 13-mile radius area in north central to this species occur throughout its because they are ongoing and because of Alabama in Lawrence and Morgan range and are particularly significant in the potential for the elimination of the Counties, Alabama where only six the unfenced areas where a majority of only known population by a single fire populations of this species are the populations are located, and are event. Therefore, we retained a listing documented. Glade habitats today have expected to continue or increase priority number of 2 for this species. been reduced to remnants fragmented without control or eradication. Because Labordia helleri (Kamakahala)—The by agriculture and development. the threats are of high magnitude and following summary is based on Populations of this species are now ongoing, and therefore imminent, we information contained in our files. No located in glade-like areas exhibiting retained a listing priority number of 2 new information was provided in the various degrees of disturbance including for this species. petition received on May 11, 2004. pastureland, roadside rights-of-way, and Keysseria helenae (no common Labordia helleri is a shrub found in cultivated or plowed fields. The most name)—The following summary is diverse mesic forest and mesic valleys vigorous populations of this species are based on information contained in our on Kauai, Hawaii. This species is known located in areas which receive full, or files. No new information was provided from eight or more populations totaling near full sunlight with limited in the petition received on May 11, 500 individuals from Makaha to herbaceous competition. The magnitude 2004. This species is a rhizomatous Honopu. Labordia helleri is threatened of threat is high for this species, with perennial herb found in montane bogs by goats and deer that eat it and degrade the limited number of populations, and on Kauai, Hawaii. Keysseria helenae is and destroy habitat, and by nonnative the immediacy of threat is nonimminent known from three or four populations in plants that outcompete and displace it. since there are no known projects bogs within the Alakai swamp region of No efforts have been taken to control the planned that would destroy any sites Kauai, totaling approximately 300 threats to L. helleri from goats, deer, and and the species is able to withstand individuals. This species is threatened nonnative plants. The threats are of a some disturbance. Thus, we assigned a by pigs that degrade and destroy habitat, high magnitude and imminent, and listing priority number of 5 to this and by nonnative plants that therefore, we retained a listing priority species. outcompete and displace it. Feral pigs number of 2 for this species. Leavenworthia texana (Texas golden have been fenced out of three of the four Labordia pumila (Kamakahala)—The gladecress)—The following summary is bogs where K. helenae currently occurs, following summary is based on based on information from our files. No and nonnative plants have been greatly information contained in our files. No new information was provided in the reduced in all three fenced bogs. new information was provided in the petition received on May 11, 2004. However, without continued monitoring petition received on May 11, 2004. Texas golden gladecress is a small and maintenance of the fences, pigs Labordia pumila is a sparingly branched annual member of the mustard family, from surrounding areas can easily shrub found in hummocks in bogs and with deep, yellow petals only 7–10 access fenced areas. Funding limitations in bog margins on Kauai, Hawaii. This millimeters long; flowering is February restrict the extent of such monitoring species is known from three populations through March. The gladecress occurs and maintenance, and as a result the totaling 500 to 700 individuals in the only on the Weches outcrops of east fenced populations continue to face Alakai and Waialeale areas. Labordia Texas in San Augustine and Sabine threats. In addition, the threats from pumila is threatened by pigs that eat it counties. The Weches geologic feral pigs and nonnative plants are and degrade and destroy habitat, formation consists of a layer of ongoing in the unfenced bog. In light of nonnative plants that outcompete and calcareous sediment that sits above a the low number of individuals of this displace it, and by stochastic extinction layer of glauconite clay. These layers species, the threats are of high due to naturally occurring events such were deposited up to 50 million years magnitude. The threats also are ongoing, as hurricanes. Feral pigs have been ago and erosion of the fossil-rich and therefore imminent. For these fenced out of two of the three bogs complex has produced a rugged reasons, we have retained a listing where L. pumila occurs. Nonnative topography of steep, flat-topped hills number of 2 for this species. plants have been greatly reduced in the and escarpments along Highway 21 Korthalsella degeneri (Hulumoa)— two fenced bogs, and are not found in through north San Augustine and The following summary is based on the immediate vicinity of any L. pumila Sabine Counties. It has also created the information contained in our files. No individuals in the fenced areas. unique of Weches glades: new information was provided in the Reproduction has not been observed Islands of thin, loamy, seepy, alkaline

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53814 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

soils that support open-sun, herbaceous, severe drought in 1999 and 2000 had a assigned a listing priority number of 5 and highly diverse and specialized plant pronounced adverse effect on gladecress to this species. communities. reproduction. Prelisting efforts for the Linum arenicola (Sand flax)—The More than 100 species representing at gladecress include: The collection of following summary is based on least 39 plant families, including the seeds and placement in three State information in our files. No new federally endangered white bladderpod horticultural labs for possible information was provided in the (Lesquerella pallida), have been reintroduction efforts, a Cooperative petition received on May 11, 2004. This documented on Weches glades. One of Agreement (now final and in effect) herb inhabits seven pine rockland sites those species is the Texas golden with The Nature Conservancy of Texas, on limestone in Miami-Dade County gladecress which was historically and development of a ‘‘Conservation and two in the lower Florida Keys (at recorded at eight sites, all in a narrow Area Plan for the San Augustine National Key Deer Refuge and a Nature line along north San Augustine and Glades,’’ which identifies the size and Conservancy preserve on Big Pine Key). Sabine counties, following the Weches configuration of conservation units that During the twentieth century, most of formation. All sites are on private land. will restore and maintain longterm this plant’s geographic range was Habitat of the species at two of these viability of Weches communities. The converted to farmland or was urbanized. locations has since been eliminated due next step is to secure adequate funding As a result, remaining populations have to glauconite mining. Two more sites to initiate protection measures. suffered from fragmentation and small are currently closed to visitors, and the Landowners of the Tiger Creek and population size; only small populations status of the gladecress at these sites is Kardell sites are aware of the gladecress of this plant remain. Those on relatively unknown. However, a large glauconite and are maintaining current land-use small tracts of conservation land in mine was created adjacent to these sites conditions. Efforts to find additional urban Miami-Dade County are 6 years ago, and may have altered the sites, and management of known sites, vulnerable to invasion by exotic pest area’s hydrology. One historic site in should be the focus for this species. Due plants and lack of prescribed fire and Sabine County was rediscovered in 1998 to the continuing overall high such threats could severely affect those and found to support over 300 plants. magnitude and immediacy of the populations. A further problem in Only two known populations remain in threats, we retained a listing priority Miami-Dade is that one population is San Augustine County. The Tiger Creek number of 2 for the Texas golden located in an artificial environment, (Chapel Hill) site is less than 0.1 gladecress. which makes its management difficult. hectares (less than 0.25 acres) in size Therefore, the magnitude of threats is and supports population numbers of Lesquerella globosa (Desvaux) Watson high. The two sites in the Keys seem 40–100. The Kardell site is less than 9 (Short’s bladderpod)—The following less vulnerable to rapid invasions by square meters (100 square feet) in size summary is based on information exotic pest plants and may require less and supports 96–490 plants. An contained in our files. No new frequent prescribed fire because introduced population in Nacogdoches information was provided in the vegetation grows more slowly there. County has numbered about 300 within petition received on May 11, 2004. Therefore, the threats to the 4 very small an area of about 18 square meters (200 Lesquerella globosa is a perennial populations are of slightly lesser square feet). member of the mustard family that magnitude, but they are present. Threats Historic gladecress habitat has been occurs in Indiana (1 location), Kentucky to four of the seven sand flax affected by highway construction, (6 locations), and Tennessee (18 populations in Miami-Dade County are residential development, conversion to locations). It grows on steep, rocky, imminent because they are ongoing. For pasture and cropland, widespread use of wooded slopes, talus areas, along cliff the remaining populations, the threats herbicide, overgrazing, and glauconite tops and bases, and on cliff ledges. It is are less imminent. Overall, the threats mining. However, the primary threat to usually associated with south to west are imminent, and we assigned a listing existing gladecress populations is the facing calcareous outcrops adjacent to priority number of 2 to this species. invasion of nonnative and weedy shrubs rivers or streams. Road construction and Linum carteri var. carteri (Carter’s and vines (primarily Macartney rose road maintenance have played a small-flowered flax)—The following (Rosa bracteata) and Japanese significant role in the decline of L. summary is based on information in our honeysuckle (Lonicera japonica). All globosa. Specific activities that have files. No new information was provided known sites are undergoing severe impacted the species in the past and in the petition received on May 11, degradation by the incursion of continue to threaten it include bank 2004. This plant occupies open, sunny nonnative shrubs and vines, which stabilization, herbicide use, mowing sites in pinelands of Miami-Dade restrict both growth and reproduction of during the growing season, grading of County, Florida. Populations with the gladecress. Special funding allowed road shoulders, and road widening or probably fewer than 100 total brush clearing to be carried out in 1995 repaving. Sediment deposition during individuals are located on three County- at several white bladderpod sites (where road maintenance or from other owned preserves. A population with gladecress is also located). The project activities also potentially threatens the more than 100 plants is on a non- resulted in large increases in white species. Interruption of natural conservation site owned by the U.S. bladderpod numbers, and also resulted processes that maintained habitat government. The existing populations in the reappearance of gladecress after a suitability and competition from are small and vulnerable to exotic pest 10-year absence at one historic site, and invasive nonnative vegetation plant invasions, hot wildfires, and in a possible discovery at a second site. necessitates active habitat management some cases, to development. This However, nonnative shrubs have again at many locations. Because the threats species exists in such small numbers at invaded these areas. More effective would be fatal for populations of this so few sites, that it may be difficult to control measures, such as burning and species, the magnitude of threats is develop viable populations on the selective herbicide use, need to be high. However, based upon the number available conservation lands. Although tested and monitored. of populations and the anticipation that no population viability analysis has The small number of known sites also most of these threats will not be realized been conducted for this plant, makes the gladecress vulnerable to in the several years, the threats are indications are that existing populations extreme natural disturbance events. A nonimminent and, therefore, we are at best marginal, and none are truly

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53815

viable. As a result, the magnitude of and no efforts for their control have Currently M. makahae is known from threats is high. Because no viable been undertaken. Therefore, we retained three populations on three discrete populations of this plant exist, the a listing priority number of 2 for this ridges, totaling approximately 200 imminence of threats is imminent, so species. individuals. This species is threatened we assigned a listing priority number of Melicope degeneri (Alani)—The by goats that degrade and destroy 3 to this plant variety. following summary is based on habitat, and nonnative plants that Lysimachia daphnoides (Lehua information contained in our files. No compete for light and nutrients. The makanoe)—The following summary is new information was provided in the black twig borer may pose a threat to M. based on information contained in our petition received on May 11, 2004. makahae because it is known to infest files. No new information was provided Melicope degeneri is a small, long-lived other species of Melicope on Oahu and in the petition received on May 11, perennial shrub found in mesic to wet it occurs throughout the Waianae 2004. This species is known from nine forest on Kauai, Hawaii. Currently this Mountains. The threats to M. makahae populations totaling 180 to 300 species is known from three populations from goats, nonnative plants, and the individuals in the Alakai area. with a total of 15 individuals. Melicope black twig borer are of a high magnitude Lysimachia daphnoides is threatened by degeneri is threatened by feral goats that because of their severity, they are feral pigs that degrade and destroy directly prey upon it and degrade and occurring range-wide, and no efforts for habitat, by hikers that may trample destroy habitat, nonnative plants that their control have been undertaken. The individuals, and by nonnative plants compete for light and nutrients, reduced threats are imminent since they are that outcompete and displace it. In reproductive vigor, and stochastic ongoing. Therefore, we retained a listing addition, regeneration is not occurring extinction due to naturally occurring priority number of 2 for this species. due to an unknown invertebrate that events. The black twig borer may pose Melicope paniculata (Alani)—The eats most, if not all, of the seeds in the a threat to M. degeneri because it is following summary is based on fruit and for which no control is known to infest other species of information contained in our files. No currently known. Feral pigs have been Melicope and it occurs on the island of new information was provided in the fenced out of three of the nine Kauai. No known conservation petition received on May 11, 2004. populations of L. daphnoides and measures have been taken to date to Melicope paniculata is a small tree nonnative plants have been reduced in address these threats. These threats are found in wet forest dominated by the three populations that are fenced. of a high magnitude because of their Metrosideros polymorpha (ohia) on However, these on-going conservation severity and are occurring throughout Kauai, Hawaii. Melicope paniculata is efforts benefit only three of the nine the limited range of this species.The currently known from four populations known populations. In addition, no threats are imminent because they are totaling 110 individuals. This species is viable seeds have been observed in ongoing in all three populations. threatened by feral pigs that directly recent years due to damage to fruits Therefore, we retained a listing priority prey upon it, degrade and/or destroy from a boring insect. This insect has not number of 2 for M. degeneri. habitat, and nonnative plants that yet been identified, In monitoring of Melicope hiiakae (Alani)—The compete for light and nutrients. The populations of L. daphnoides in the following summary is based on black twig borer may pose a threat to M. three fenced bogs over the last four information contained in our files. No paniculata because it is known to infest years, no recruitment has been new information was provided in the other species of Melicope and it occurs observed. The threats continue to be of petition received on May 11, 2004. a high magnitude to the species as a Melicope hiiakae is a small tree found on Kauai. All of the threats are whole and they are on-going, and in mesic to wet forest and shrubland on occurring range-wide and no efforts for therefore imminent. Therefore, we Oahu, Hawaii. Currently, M. hiiakae is their control or eradication are being retained a listing priority number of 2 known from four or five populations of undertaken. We retained a listing for this species. about 20 individuals in the Koolau priority number of 2 due to imminent Melicope christophersenii (Alani)— Mountains. This species is threatened threats of a high magnitude. The following summary is based on by feral pigs that directly prey upon it Melicope puberula (Alani)—The information contained in our files. No and degrade and destroy habitat, following summary is based on new information was provided in the nonnative plants that compete for light information contained in our files. No petition received on May 11, 2004. and nutrients, and stochastic extinction new information was provided in the Melicope christophersenii is a long-lived due to naturally occurring events. The petition received on May 11, 2004. perennial shrub or tree found in wet black twig borer may pose a threat to M. Melicope puberula is a shrub or small forest in the Waianae Mountains on hiiakae because it is known to infest tree found in mesic and wet forest on Oahu, Hawaii. Currently, this species is other species of Melicope on Oahu and Kauai, Hawaii. This species is known known from several populations totaling it occurs throughout the Koolau from 1,000 individuals in the Kalalau less than 300 individuals. Melicope Mountains. The threats are high in area to Wainiha Pali on the island of christophersenii is threatened by feral magnitude and imminent because of Kauai. Melicope puberula is threatened pigs and goats that degrade and destroy their severity, they all occurring range- by feral pigs and goats that degrade and/ habitat, and nonnative plants that wide, and no efforts for their control or or destroy habitat, nonnative plants that compete for light and nutrients. The eradication are being undertaken. We compete for light and nutrients, and black twig borer may pose a threat to M. retained a listing priority number of 2 stochastic extinction due to naturally christophersenii because it is known to for this species. occurring events such as hurricanes. infest other species of Melicope on Oahu Melicope makahae (Alani)—The The black twig borer may pose a threat and it occurs throughout the Waianae following summary is based on to M. puberula because it is known to Mountains. The threats to M. information contained in our files. No infest other species of Melicope and it christophersenii from feral pigs, goats, new information was provided in the occurs on Kauai. These threats are of a nonnative plants, and the black twig petition received on May 11, 2004. high magnitude because of their severity borer are imminent and of a high Melicope makahae is a shrub or shrubby and they are occurring throughout its magnitude because of their severity, tree found in mesic forest in the limited range. The threats are imminent they occur range-wide, they are ongoing, Waianae Mountains on Oahu, Hawaii. because they are ongoing. Therefore, we

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53816 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

retained a listing priority number of 2 some individuals of this species, and known threats at these sites from for this species. nonnative plants have been reduced recreational use and erosion, thus the Myrsine fosbergii (Kolea)—The around some individuals that are severity of these threats has been following summary is based on fenced. However, these on-going reduced on State-owned land. information contained in our files. No conservation efforts benefit only a small Approximately 30 percent of the known new information was provided in the number of the known individuals. extant sites are on privately owned petition received on May 11, 2004. Further, nonnative plants will probably lands, many of which are threatened by Myrsine fosbergii is a branched shrub or never be completely eradicated because habitat degradation from on-site or small tree found in cloud swept ridges new propagules are constantly being adjacent residential or commercial and wet forest on Kauai and Oahu, dispersed into the fenced areas from development. Overall, based on these Hawaii. This species is known from at surrounding, unmanaged lands. The imminent, moderate threats, we retained least five populations totaling 150 to species as a whole is impacted by a listing priority number of 8 for this 175 individuals from Kauai and the threats of high magnitude that are species. southeastern end of Castle Trail on ongoing, and thus imminent. Therefore, Nothocestrum latifolium (Aiea)—The Oahu. Myrsine fosbergii is threatened by we retained a listing priority number of following summary is based on feral pigs that directly prey upon it and 2 for this species. information contained in our files. No degrade and destroy habitat, and Narthecium americanum (Bog new information was provided in the nonnative plants that compete for light asphodel)—The following summary is petition received on May 11, 2004. Aiea and nutrients. There are no conservation based on information from our files. No is a small tree found in dry to mesic measures being taken to alleviate these new information was provided in the forest and diverse mesic forests on threats for this species. Feral pigs are petition received on May 11, 2004. Bog Kauai, Oahu, Maui, Molokai, and Lanai, found throughout the known range of M. asphodel is a perennial herb that is Hawaii. Nothocestrum latifolium is fosbergii making this threat ongoing and found in savannah areas, usually with known from approximately a dozen imminent. The threats from feral pigs water moving through the substrate, as populations totaling less than 300 and nonnative plants are of high well as in sandy bogs along streams and individuals. This species is threatened magnitude because of their severity and rivers. The historic range of bog by feral pigs, goats and cattle that may they are occurring throughout its asphodel included New York, New eat it and degrade and destroy habitat, limited range. The threats are on-going Jersey, Delaware, North Carolina, and nonnative plants that compete for light and therefore are imminent. We retained South Carolina, but is now only found and nutrients, and the loss of pollinators a listing priority number of 2 for this within the Pine Barrens region of New that negatively affect the reproductive species. Jersey. viability of the species. Ungulates have Myrsine mezii (Kolea)—The following As an obligate wetland species, N. been fenced out of some areas where N. summary is based on information americanum is threatened by changes in latifolium currently occurs, and contained in our files. No new hydrology, loss of habitat due to filling nonnative plants have been reduced in information was provided in the or draining of wetlands, flooding as a some populations that are fenced. petition received on May 11, 2004. result of reservoir construction, and However, these on-going conservation Myrsine mezii is a small many-branched conversion of natural wetlands to efforts for this species benefit only a few tree found in mesic forest on Kauai, commercial cranberry bogs. This species of the known populations. The threats Hawaii. This species is known from two occurs in the Pine Barrens region, and are not controlled and are ongoing in populations of only five individuals in the Pinelands Commission issues the the remaining unfenced populations. In Koaie Canyon. Myrsine mezii is State-assumed Clean Water Act Section addition, little regeneration is observed threatened by feral pigs that degrade 404 permits. The Pinelands Commission in this species. Therefore, the threats are and destroy habitat, reduced grants wetland exemptions to cranberry of a high magnitude and imminent and reproductive vigor, and stochastic production and other agricultural uses. we retained a listing priority number of extinction due to naturally occurring In some instances, illegal wetland filling 2 for this species. events. No known conservation is occurring. For example, a cranberry Ochrosia haleakalae (Holei)—The measures have been taken to date for producer recently expanded its following summary is based on these threats. The threats are of a high operation without a State permit. In information contained in our files. No magnitude and imminent because of addition, activities not needing State or new information was provided in the their severity, they are occurring federal permits are occurring in uplands petition received on May 11, 2004. throughout the limited range of M. that are indirectly affecting the Holei is a tree found often on lava in dry mezii, and are ongoing. Thus, we wetlands. Natural succession of to mesic forest on the islands of Hawaii retained a listing priority number of 2 vegetation in wetlands that support bog and Maui, Hawaii. This species is for this species. asphodel from emergent (herbaceous) to currently known from three populations Myrsine vaccinioides (Kolea)—The forested wetlands may also be totaling 500 individuals on east Maui following summary is based on contributing to the species’ decline. and the island of Hawaii. Ochrosia information contained in our files. No Suppression of natural wildfires that haleakalae is threatened by feral pigs new information was provided in the would retard succession or create open and goats that may directly prey upon petition received on May 11, 2004. wetland savannahs may be a factor in it and degrade and destroy habitat, Myrsine vaccinioides is a small the decline of the species. nonnative plants that compete for light branched shrub found in shrubby bogs Other factors adversely affecting N. and nutrients, and fire. Feral pigs and on Maui, Hawaii. This species is found americanum include trampling, erosion, goats have been fenced out of the Maui scattered throughout the bogs of west and siltation caused by recreationists on population of O. haleakalae, and fences Maui, totaling approximately 500 foot or using off-road vehicles. protect the reintroduction site in Hawaii individuals. Myrsine vaccinioides is Approximately 70 percent of known Volcanoes National Park on the island threatened by feral pigs that degrade extant populations occur on State- of Hawaii. Nonnative plants have been and destroy habitat, and nonnative owned lands. We are working with the reduced in the fenced area on Maui. No plants that compete for light and New Jersey Department of known conservation measures have nutrients. Pig exclusion fences protect Environmental Protection to abate been taken to date for the other

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53817

populations on the island of Hawaii. developed and expanding oil and gas potential to affect the majority of the The threat from fire is of a high fields. The location of the species’ populations and because the magnitude and imminent because no habitat exposes it to destruction from populations cover such small areas of control measures have been undertaken road, pipeline, and well-site land. The threats are nonimminent since to address this threat to all of the construction in connection with oil and they are not expected to affect this populations. The threats from feral pigs gas development. Recreational off-road species in the next few years. Based on and goats are of a high magnitude and vehicle use, heavy grazing by livestock nonimminent threats of a high ongoing to the unfenced populations of and wildlife and livestock trampling are magnitude, we retained a listing priority O. haleakalae. The threat from additional threats. Current information number of 8 for this species. nonnative plants is ongoing and indicates that threats are nonimminent Phyllostegia bracteata (no common imminent, and of a high magnitude to since that are not ongoing at this time name)—The following summary is the wild populations on the island of but of a high magnitude because of their based on information contained in our Hawaii. Therefore, we retained a listing potential to affect the majority of the files. No new information was provided priority number of 2 for this species. populations. Therefore, we retained a in the petition received on May 11, Pediocactus peeblesianus var. listing priority number of 6 for this 2004. Phyllostegia bracteata is a fickeiseniae (Fickeisen plains cactus)— plant variety. scandent perennial herb. Currently this See above in ‘‘Summary of Listing Peperomia subpetiolata (Ala ala wai species is known from three populations Priority Changes in Candidates.’’ The nui)—The following summary is based totaling no more than 100 individuals in above summary is based on information on information contained in our files. wet forest habitat of east Maui. contained in our files. No new No new information was provided in Phyllostegia bracteata is threatened by information was provided in the the petition received on May 11, 2004. feral pigs that may directly prey upon it petition received on May 11, 2004. Ala ala wai nui is a short-lived and degrade and destroy habitat, and Penstemon debilis (Parachute perennial herb found in mesic forest on nonnative plants that compete for light beardtongue)—The following summary Maui, Hawaii. This species is known and nutrients. The threats to P. is based on information contained in from a few scattered, declining, bracteata from pigs and nonnative our files. No new information was populations on windward east Maui, plants are of a high magnitude and provided in the petition received on totaling 100 individuals. Further study imminent because of their severity, they May 11, 2004. Parachute beardtongue is of the population indicates that the 100 are occurring range-wide, are ongoing, an extremely rare plant endemic to oil individuals may actually represent and no efforts for their control have shale outcrops on the Roan Plateau clones of only 6 genetically distinct been undertaken. Therefore, we retained escarpment in Garfield County, individuals. Peperomia subpetiolata is a listing priority number of 2 for this Colorado. The estimated number of threatened by feral pigs that may eat this species. plants is 1130 to 1730. Approximately plant and degrade and destroy habitat, Phyllostegia floribunda (no common 53 to 69 percent of the plants are on and by nonnative plants that compete name)—The following summary is private land owned by an oil and gas for light and nutrients. All of the threats based on information contained in our company. Most of the remaining 31 to occur range-wide and no efforts for their files. No new information was provided 47 percent occur in one population on control or eradication are being in the petition received on May 11, Bureau of Land Management land that undertaken. We retained a listing 2004. This species is an erect subshrub will soon be open to leasing under a priority number of 2 because the threats found in mesic to wet forest on the new Resource Management Plan. are of a high magnitude and are ongoing island of Hawaii, Hawaii. This species Pressure to develop energy reserves in so are imminent. is known from 13 locations totaling this area is intense. Threats include Phacelia submutica (DeBeque fewer than 100 individuals on State, habitat destruction caused by heavy phacelia)—The following summary is private, and Federal lands (Hawaii equipment as it traverses access roads based on information contained in our Volcanoes National Park). Only one through plant populations. These files. No new information was provided individual is reported at each of threats are high magnitude because of in the petition received on May 11, approximately half of the locations. the high number of populations affected 2004. DeBeque phacelia is an annual Phyllostegia floribunda is threatened by by these threats and the severity of the endemic to clay soils feral pigs that degrade and destroy impact. Therefore, we retained a listing derived from the Atwell Gulch and habitat, and nonnative plants that priority number of 2 for this species Shire members of the Wasatch compete for light and nutrients. Fences based on the high magnitude of the Formation in Mesa and Garfield protect approximately five populations threats and the increase in the intensity Counties, Colorado. There are on private and Park Service lands. of energy exploration and development approximately 40 populations, all less Nonnative plants have been reduced in in the last three years along the Roan than five acres. The number of plants these fenced areas. However, no Plateau escarpment. varies from none to thousands each conservation efforts have been Penstemon scariosus var. albifluvis year, depending on precipitation. The implemented for the unfenced ( beardtongue)—The habitat coincides with high quality oil populations. For the species as a whole, following summary is based on and gas reserves of the Piceance Basin, the threats are ongoing and imminent, information contained in our files and mostly on federal lands. The primary and of a high magnitude. Consequently, the petition received on October 27, threats are gas field development and we retained a listing priority number of 1983. The White River beardtongue is associated construction and 2 for this species. restricted to calcareous soils derived transportation activities, as well as Phyllostegia hispida (no common from oil shale barrens of the Green River increased access for all-terrain vehicles. name)—The following summary is Formation in the Uinta Basin of Substantial surface disturbance alters based on information contained in our northeastern Utah and adjacent the unique soil structure that supports files. No new information was provided Colorado. There are 14 occurrences this plant, and also destroys seed banks in the petition received on May 11, known in Utah and one in Colorado. that are critical to the survival of this 2004. This species is a loosely spreading Most of the occupied habitat of the species. The threats are of a high many-branched vine found in wet forest White River beardtongue is within magnitude because they have the on Molokai, Hawaii. The historic range

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53818 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

of this species was eastern Molokai. populations have been lost to road, undertaken. We retained a listing Currently, P. hispida is known from residential and commercial priority number of 3 for this variety only one plant in the State of Hawaii’s construction, and to projects that altered because of the high magnitude of threats Puu Alii Natural Area Reserve. This soil and site hydrology, and reduced site and because they are ongoing, so are species is threatened by the lack of suitability for the species. Several of the imminent. regeneration, feral pigs that eat this known populations are in or adjacent to Platydesma cornuta var. decurrens plant and degrade and/or destroy powerline rights-of-way. Mechanical (no common name)—The following habitat, erosion, reduced reproductive clearing of these areas may benefit the summary is based on information vigor and stochastic extinction due to species by maintaining adequate light contained in our files. No new naturally occurring events. No efforts for levels; however, the use of herbicides information was provided in the the control of feral pigs have been could pose a significant threat to the petition received on May 11, 2004. This undertaken in the habitat occupied by species. All-terrain vehicles have variety is an erect palmoid shrub found this species. Phyllostegia hispida is damaged several sites and pose a threat in mesic forest on Oahu, Hawaii. This represented in an ex-situ collection to most sites. Most of the known sites variety is known from a few populations (micropropagation) and it is unknown for the species occur in areas that are totaling a few hundred individuals in whether the material will transfer to the managed specifically for timber the Waianae Mountains. Platydesma nursery for normal propagation methods production. Timber management is not cornuta var. decurrens is threatened by needed for reintroduction. The threats necessarily incompatible with the feral pigs and goats that directly prey are of a high magnitude and imminent protection and management of the upon it and degrade and destroy habitat, because of their severity, and they are species. However, care must be taken and nonnative plants that compete for currently occurring throughout the during timber management to ensure light and nutrients. All of the threats limited range of P. hispida. Thus, we that the hydrology of the bogs that occur range-wide and no efforts for their retained a listing priority number of 2 support the species is not altered. control or eradication are being for this species. Natural succession can result in undertaken. We retained a listing Physaria tuplashensis, (White Bluffs decreased light levels. Because of the priority number of 3 for this variety bladder-pod)—See above in ‘‘Other species dependence upon moderate to because the threats are high in Taxonomic Changes in Candidates.’’ high light levels, some type of active magnitude and are ongoing, so are The above summary is based on management to prevent complete imminent. information contained in our files. No canopy closure is required at most Platydesma remyi (no common new information was provided in the locations. Collecting for commercial and name)—The following summary is petition received on May 11, 2004. other purposes is a threat. Herbivory based on information contained in our files. No new information was provided Pittosporum napaliense (Hoawa)— (primarily deer) threatens the species at The following summary is based on in the petition received on May 11, several sites. Protection and recovery of information contained in our files. No 2004. Platydesma remyi is a shrub or this species is dependent upon active new information was provided in the shrubby tree found scattered in wet, low management rather than just petition received on May 11, 2004. stature forest on the island of Hawaii, preservation of its habitat. Invasive, Hoawa species is a small tree found in Hawaii. This species is known from two nonnative plants such as Japanese Pandanus forest and mesic valleys on populations (one each in the Kohala honeysuckle and kudzu threaten several Kauai, Hawaii. This species is known Mountains and Hamakua) totaling less sites. Given the current threats to this from about six populations totaling than 100 individuals. Platydesma remyi species, the magnitude of threat is high. several hundred individuals on the is threatened by feral pigs and cattle that Based upon the number of populations eastern portion of the Na Pali coast. degrade and destroy habitat, nonnative Pittosporum napaliense is threatened by and the anticipation that most of these plants that compete for light and feral pigs that degrade and destroy threats will not be realized in the next nutrients, reduced reproductive vigor, habitat, and nonnative plants that several years, the threats are and stochastic extinction due to compete for light and nutrients. The nonimminent and, therefore, we have naturally occurring events. There are no threats to P. napaliense from pigs and assigned a listing priority number of 5 conservation efforts being implemented nonnative plants are of a high to this species. to alleviate the threats to P. remyi. These magnitude and imminent because of Platydesma cornuta var. cornuta (no threats are ongoing and therefore, their severity, they currently occur common name)—The following imminent, and of a high magnitude range-wide, and no efforts for their summary is based on information because of their severity and because control have been undertaken. contained in our files. No new they are occurring throughout its Therefore, we retained a listing priority information was provided in the limited range. Therefore, we retained a number of 2 for this species. petition received on May 11, 2004. This listing priority number of 2 for this Platanthera integrilabia (Correll) Leur variety is an erect palmoid shrub found species. (White fringeless orchid) ‘‘ The in mesic forest on Oahu, Hawaii. This Platydesma rostrata (Pilo kea lau following summary is based on variety is known from three to four lii)—The following summary is based information contained in our files. No populations with a combined total of on information contained in our files. new information was provided in the approximately 100 individuals in the No new information was provided in petition received on May 11, 2004. Koolau Mountains on the island of the petition received on May 11, 2004. Platanthera integrilabia is a perennial Oahu. Limited monitoring has shown Pilo kea lau lii is an erect palmoid shrub herb that grows in partially, but not that this population is declining. The found in diverse mesic forest and fully, shaded, wet, boggy areas at the threats to P. cornuta var. cornuta valleys on Kauai, Hawaii. This species head of streams and on seepage slopes include feral pigs that directly prey is known from about 20 populations in Alabama, Georgia, Kentucky and upon it and degrade and destroy habitat, totaling several hundred individuals in Tennessee. Historically, there were at and nonnative plants that compete for Kokee and Kuia. Platydesma rostrata is least 90 populations of P. integrilabia. light and nutrients. All of the threats threatened by feral goats that degrade Currently there are only 53 extant occur range-wide and no efforts for their and destroy habitat, and nonnative sites supporting the species. Several control or eradication are being plants that compete for light and

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53819

nutrients. Feral goats have been fenced Pseudognaphalium (Gnaphalium) Therefore, we retained a listing priority out of 1 of the 20 populations of P. sandwicensium var. molokaiense number of 2 for this species. rostrata, and nonnative plants have (Enaena)—The following summary is Psychotria hexandra ssp. oahuensis been reduced in the population that is based on information contained in our var. oahuensis (Kopiko)—The following fenced. However, these on-going files. No new information was provided summary is based on information conservation efforts benefit only 1 of the in the petition received on May 11, contained in our files. No new 20 known populations and, therefore, 2004. Pseudognaphalium information was provided in the continue to be of a high magnitude to sandwicensium var. molokaiense is a petition received on May 11, 2004. this species. In addition, threats to P. perennial herb found in strand Psychotria hexandra ssp. oahuensis var. rostrata are imminent because they are vegetation in dry consolidated dunes on oahuensis is a tree or shrub found in ongoing in 19 of the 20 populations. Molokai, Hawaii. This variety is known mesic and wet forests on Oahu, Hawaii. Therefore, we retained a listing priority from two populations totaling a few This variety is known from three number of 2 for this species. hundred individuals in the Moomomi populations of less than 20 individuals. Pleomele forbesii (Hala pepe)—The area and 25 individuals at Puu The other varieties of this subspecies, following summary is based on Kahulianapa on west Maui. hosakana and rockii, are extinct. information contained in our files. No Pseudognaphalium sandwicensium var. Psychotria hexandra ssp. oahuensis var. new information was provided in the molokaiense is threatened by axis deer oahuensis is threatened by feral pigs petition received on May 11, 2004. (Maui and Molokai) and feral cattle and rats that consume this plant and Pleomele forbesii is a tree found in (Molokai) that degrade and destroy degrade and destroy habitat, rats that diverse mesic and dry forests on Oahu, habitat, and nonnative plants that consume its fruit, and nonnative plants Hawaii. This species is currently known compete for light and nutrients. that compete for light and nutrients. All from 16 populations totaling 500 Potential threats include collection for of the threats occur range-wide, and no individuals. Pleomele forbesii is lei and off-road vehicles that directly efforts for their control or eradication threatened by predation by rats, habitat damage plants and degrade habitat. are being undertaken. We retained a degradation and destruction by feral While ungulate exclusion fences protect listing priority number of 3 because the pigs and goats, fire, and nonnative one population of P. sandwicensium threats are of a high magnitude and are plants that compete for light and var. molokaiense on Molokai and ongoing, so are imminent. nutrients. There are no conservation nonnative plant control has been Psychotria hobdyi (Kopiko)—The efforts being implemented to alleviate implemented in this population, no following summary is based on these threats to P. forbesii. The threats conservation efforts have been initiated information contained in our files. No are of a high magnitude because of their to date for the other individuals on new information was provided in the petition received on May 11, 2004. severity and they are occurring Molokai and Maui. The threats from Psychotria hobdyi is a tree found in throughout the range of this plant in all axis deer, goats, nonnative plants, mesic forest habitat on Kauai, Hawaii. 16 populations. The threats are ongoing collection, and off-road vehicles are of This species is known from three and therefore, imminent. Thus, we a high magnitude, ongoing and populations totaling approximately 85 retained a listing priority number of 2 imminent, because no control measures individuals. Psychotria hobdyi is for this species. have been undertaken for four of the Potentilla basaltica (Soldier Meadow threatened by feral goats that degrade five Molokai populations or for the two cinquefoil or basalt cinquefoil)—See and destroy habitat, nonnative plants Maui populations. Therefore, we above in ‘‘Summary of Listing Priority that compete for light and nutrients, and retained a listing priority number of 3 Changes in Candidates.’’ No new reduced reproductive vigor and for this variety. information was provided in the stochastic extinction due to naturally petition received on May 11, 2004. Psychotria grandiflora (Kopiko)—The occurring events. There are no Pritchardia hardyi (Loulu)—The following summary is based on conservation measures being taken to following summary is based on information contained in our files. No alleviate these threats to this species. information contained in our files. No new information was provided in the The threats to P. hobdyi from goats and new information was provided in the petition received on May 11, 2004. nonnative plants are of a high petition received on May 11, 2004. Psychotria grandiflora is a small tree or magnitude because of their severity and Pritchardia hardyi is a medium-sized shrub found in mesic to sometimes wet they are occurring range-wide. The palm tree found in open wet forest on forest on Kauai, Hawaii. This species is threats are imminent because they are Kauai, Hawaii. This species is known found only in the Kokee area on the ongoing. Therefore, we retained a listing from three populations with a combined island of Kauai. Recent surveys priority number of 2 for this species. total of 300 individuals in the Power determined that the species is now Pteralyxia macrocarpa (Kaulu)—The Line Road area. Pritchardia hardyi is limited to four populations with a total following summary is based on threatened by feral pigs that degrade of 18 individuals. Psychotria grandiflora information contained in our files. No and destroy habitat, and nonnative is threatened by feral pigs and goats that new information was provided in the plants that compete for light and directly prey upon it and degrade and petition received on May 11, 2004. nutrients. Other potential threats destroy habitat, nonnative plants that Kaulu is a tree found in valleys and include direct predation of fruit by rats, compete for light and nutrients, reduced slopes in diverse mesic forest on Oahu, and human collection and vandalism. reproductive vigor, and stochastic Hawaii. This species is known from 20 No conservation efforts have been extinction due to naturally occurring populations totaling less than 500 initiated to date to alleviate these threats events. The threats to P. grandiflora are individuals. Pteralyxia macrocarpa is to P. hardyi. The threats are of a high of a high magnitude because of their threatened by feral pigs, rats, and the magnitude because of their severity and severity, they are occurring throughout two-spotted leafhopper that consume they are occurring throughout the range the plant’s limited range in all four this plant; by feral pigs that degrade and of this plant in all three populations. populations, and there are no destroy habitat; and, nonnative plants The threats are ongoing and therefore, conservation efforts being implemented that compete for light and nutrients. imminent. Thus, we retained a listing to alleviate the threats. The threats are These threats are of a high magnitude priority number of 2 for this species. also ongoing and therefore, imminent. because of their severity, they are

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53820 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

occurring throughout its limited range, the fenced areas. However, these on- expected to be lower than in the period and no efforts for their control or going conservation efforts benefit only 2001–2003. eradication have been implemented. the Maui individuals and, therefore, the Many Tahoe yellow cress sites are The threats are also imminent because threats continue to be of a high intensively used for commercial and they are ongoing. We retained a listing magnitude to this species on Kauai. public purposes, and are subject to priority number of 2 for this species. Threats to the species overall are also of various activities such as erosion Ranunculus hawaiensis (Makou)— a high magnitude since half of the control, marina developments, pier The following summary is based on individuals are found on Kauai and this construction, and recreation. The U.S. information contained in our files. No represents a significant portion of the Forest Service, California Tahoe new information was provided in the range of R. mauiensis. In addition, Conservancy, and California Department petition received on May 11, 2004. threats to R. mauiensis are imminent of Parks and Recreation protect Tahoe Ranunculus hawaiiensis is an erect or because they are ongoing in the Kauai yellow cress with management ascending perennial herb found in populations. Therefore, we retained a programs that include monitoring, mesic to wet forest dominated by listing priority number of 2 for this fenced enclosures, and transplanting Metrosideros polymorpha and Acacia species. efforts when funds and staff are koa with scree substrate on Maui and Rorippa subumbellata (Tahoe yellow available. Public agencies (including the the island of Hawaii, Hawaii. cress)—The following summary is based Service), private landowners, and Populations formerly within Haleakala on information contained in our files environmental groups collaborated to develop a conservation strategy coupled National Park have been extirpated. and the petition received on December This species is known from less than with a Memorandum of Understanding/ 27, 2000. Tahoe yellow cress is a small 300 individuals in five populations. Conservation Agreement. The perennial herb known only from the However, the majority of these conservation strategy, which was shores of Lake Tahoe in California and individuals are seedlings, less than 1 completed in 2003 and contains goals Nevada. Data collected over the last 25 inch (2.5 centimeters) tall, and the rate and objectives for recovery and survival, years suggest a relationship between of survival is expected to be very low. a research and monitoring agenda, and lake level and site occupancy by Tahoe Ranunculus hawaiiensis is threatened will serve as the foundation for an yellow cress. The data generally by direct predation by slugs, by feral adaptive management program. Because indicate that species occurrence pigs, goats, cattle, and sheep that of the continued commitments to fluctuates yearly as a function of both consume this plant and degrade and conservation demonstrated by destroy habitat, and by nonnative plants lake level and the amount of exposed regulatory and land management that compete for light and nutrients. habitat. Records kept since 1900 agencies participating in the Feral ungulates have been fenced out of indicate preponderance of years with conservation strategy, we have some of the populations of R. high lake levels that would isolate and determined the threats to Tahoe yellow hawaiiensis, and nonnative plants have reduce Tahoe yellow cress occurrences cress from various land uses have been been reduced in some of the fenced at higher beach elevations. From the reduced to a moderate magnitude. In areas. However, feral ungulates and standpoint of the species, less favorable high lake level years such as 2005, nonnative plants are not controlled in peak years have occurred almost twice however, recreational use is the remaining, unfenced populations. In as often as more favorable low-level concentrated within Tahoe yellow cress addition, the threat from slugs is of a years. In addition, there has been habitat, and we consider this threat in high magnitude because slugs occur widespread and intensive use of the particular to be ongoing and imminent. throughout the limited range of this shorezone since European settlement. Therefore, we are maintaining an LPN of species and no effective measures have Today, shorezone conditions are 8 for this species. been undertaken for their control. influenced by heavy recreational use, Schiedea attenuata (no common Therefore, the threats from pigs, goats, boating, construction of piers and boat name)—The following summary is cattle, sheep, slugs, and nonnative launches, and dam operations that based on information contained in our plants are of a high magnitude and control lake elevation. Annual surveys files. No new information was provided ongoing and imminent for R. are conducted to determine population in the petition received on May 11, hawaiiensis. We retained a listing numbers, site occupancy, and general 2004. Schiedea attenuata is an erect, priority number of 2 for this species. disturbance regime. During the 2003 sparingly branched shrub found on Ranunculus mauiensis (Makou)—The and 2004 annual survey period, the lake cliffs in diverse mesic forest habitat on following summary is based on level was approximately 6,224 feet Kauai, Hawaii. This species is known information contained in our files. No (1,898 meters). 2003 was the third from one population of less than 20 new information was provided in the consecutive year of low water. The individuals on the cliffs of Kalalau petition received on May 11, 2004. survey located Tahoe yellow cress at 45 Valley. Schiedea attenuata is threatened Ranunculus mauiensis is an erect to of the 72 sites surveyed (65 percent by feral goats that directly prey upon it weakly ascending perennial herb found occupied), up from 15 sites (19 percent and degrade and destroy habitat, and in open sites in mesic to wet forest and occupied) in 2000 when the lake level nonnative plants that compete for light along streams on Maui and Kauai, was high at 6,228 feet. Approximately and nutrients. These threats are of a Hawaii. This species is currently known 25,200 stems were counted or estimated high magnitude because they are from less than 30 individuals on Maui in 2003, whereas during the 2000 occurring throughout its limited range. and 30 individuals on Kauai. annual survey, the estimated number of Threats continue to be imminent Ranunculus mauiensis is threatened by stems was 4,590. A methodology change because they are ongoing and because of feral pigs and slugs that consume it, by in 2004 resulted in fewer numbers; the the potential for the elimination of the habitat degradation and destruction by new methodology proved unworkable only known population by a single feral pigs, and by nonnative plants that and was abandoned in 2005. Lake levels stochastic or naturally occurring event. compete for light and nutrients. Feral were higher in 2005, and less habitat Therefore, we retained a listing priority pigs have been fenced out of the Maui was available; a summary of survey number of 2 for this species. populations of R. mauiensis, and results is not yet available, but total Schiedea pubescens (Maolioli)—The nonnative plants have been reduced in numbers of sites and individuals are following summary is based on

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53821

information contained in our files. No Red Mountain, Mendocino County, Solanum nelsonii (Popolo)—The new information was provided in the California, where it occupies 30 acres following summary is based on petition received on May 11, 2004. scattered over 4 square miles. Total information contained in our files. No Schiedea pubescens is a reclining or population size is estimated at between new information was provided in the weakly climbing vine found in diverse 5,300 and 23,000 plants, contained petition received on May 11, 2004. mesic to wet forest on Maui and within 27 habitat polygons. Intensive Solanum nelsonii is a sprawling or Molokai, Hawaii. Currently, this species monitoring suggests considerable trailing shrub found in coral rubble or is known from six populations totaling annual variation in plant seedling sand in coastal sites on the islands of approximately 100 individuals on Maui success and inflorescence production; Hawaii, Molokai, Maui, Niihau, Nihoa, and Molokai. Schiedea pubescens is stonecrop density varied from year-to- and Pearl and Hermes, Hawaii. This threatened by feral goats that consume year. species is known from ten populations it and degrade and destroy habitat, and The primary threat to the species is totaling fewer than 300 individuals, and by nonnative plants that compete for the potential for surface mining for is declining rapidly on all islands. On light and nutrients. Feral ungulates have chromium and nickel. The entire Maui and the island of Hawaii, S. been fenced out of the population of S. distribution Red Mountain stonecrop is nelsonii is threatened by development, pubescens on Hawaii and feral goats either owned by mining interests, or is off-road vehicles, and trampling that have been fenced out of a few of the covered by mining claims, none of degrades and/or destroys habitat, and west Maui populations of S. pubescens. which are currently active. Surface nonnative plants that compete for light Nonnative plants have been reduced in mining would destroy habitat suitability and nutrients. On Molokai, the major the populations that are fenced on Maui. for this species. The species is also threats to S. nelsonii are wild cattle and However, the threats are not controlled believed to be threatened by tree and axis deer that adversely modify habitat, and are ongoing in the remaining shrub encroachment into its habitat, in and nonnative plants. On Nihoa, and unfenced populations on Maui and the absence of fire. Given the magnitude Pearl and Hermes Atoll this species is three populations on Molokai. In light of (high) and immediacy (nonimminent) of threatened by nonnative plants. Threats the extremely low number of the threat to the small, scattered to this species on Niihau are unknown. individuals of this species, the threats populations, and its taxonomy (species), There are no conservation measures from goats and nonnative plants are of we assigned a listing priority number of being taken to alleviate the threats to S. a high magnitude and imminent for S. 5 to this species. nelsonii on Maui and the island of pubescens and we retained a listing Sicyos macrophyllus (Anunu)—The Hawaii. On Molokai, conservation priority number of 2 for this species. following summary is based on measures for this species include Schiedea salicaria (no common information contained in our files. No ungulate exclusion fences and weed name)—The following summary is new information was provided in the control. On the island of Nihoa, and petition received on May 11, 2004. based on information contained in our Pearl and Hermes Atoll, there is no Sicyos macrophyllus is a perennial vine files. No new information was provided public or recreational use allowed as found in wet Metrosideros polymorpha in the petition received on May 11, these islands are within the Hawaiian (ohia) forest and subalpine Sophora 2004. Schiedea salicaria is an erect Islands National Wildlife Refuge chrysophylla-Myoporum sandwicense subshrub or shrub found on ridges and (Refuge). Limited nonnative plant (mamane-naio) on the island of Hawaii, steep slopes in dry shrubland on Maui, control is conducted in the refuge. Hawaii. This species is known from Hawaii. Currently, this species is Solanum nelsonii is represented in ex- declining throughout its range, and is several populations with a combined situ collections and in seed storage. known from several populations totaling total of a few hundred individuals in the Currently, conservation measures have 100 to 300 individuals, typically of 25 Kohala and Mauna Kea areas and in been implemented to the benefit of the individuals per population. This species Hawaii Volcanoes National Park (Puna individuals on Molokai and within the is threatened by cattle that may directly area) on the island of Hawaii. It appears Refuge. However, there are no efforts to prey upon it and degrade and destroy that a naturally occurring population at control the ongoing threats to this habitat, fire, and nonnative plants that Kipuka Ki in Hawaii Volcanoes National species on the islands of Hawaii and compete for light and nutrients. This Park is reproducing on its own by seeds, Maui. Therefore, the threats continue to species is represented in an ex-situ but seeds have not been successfully be of a high magnitude to S. nelsonii, collection. All of the threats occur germinated under nursery conditions. range-wide, and no efforts for their This species is threatened by feral pigs and we retained a listing priority control or eradication are being and sheep that degrade and destroy number of 2 for this species because the undertaken. We retained a listing habitat, and nonnative plants that threats are of a high magnitude and are priority number of 2 because the threats compete for light and nutrients. Feral imminent. are of a high magnitude because of their pigs have been fenced out of some of the Stenogyne cranwelliae (no common severity and are ongoing, so are areas where S. macrophyllus currently name)—The following summary is imminent. occurs, but the fences do not exclude based on information contained in our Sedum eastwoodiae (Red Mountain sheep. Nonnative plants have been files. No new information was provided stonecrop)—The following summary is reduced in the populations that are in the petition received on May 11, based on information contained in our fenced. However, the threats are not 2004. Stenogyne cranwelliae is a files and information provided by the controlled and are ongoing in the creeping vine found in wet forest California Department of Fish and remaining, unfenced populations, and dominated by Metrosideros polymorpha Game. No new information was are, therefore, of a high magnitude and on the island of Hawaii, Hawaii. provided in the petition received on are imminent. In addition, the threat Stenogyne cranwelliae is known from May 11, 2004. Red Mountain stonecrop from sheep is of a high magnitude, and six populations with a total of 100 is a perennial succulent which occupies ongoing and imminent, in all individuals. This species is threatened relatively barren, rocky openings and populations because the current fences by feral pigs that degrade and destroy cliffs in lower montane coniferous do not exclude sheep. Therefore, we habitat, and nonnative plants that forests, between 1,900 and 4,000 feet retained a listing priority number of 2 compete for light and nutrients. In elevation. Its distribution is limited to for this species. addition, this species is potentially

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53822 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

threatened by rats that may directly prey by woody succession due to fire more than 15 individuals. The total upon it. All of the threats occur range- suppression. The severity of threats number of individuals observed at the wide and no efforts for their control or faced by this species is high and the 14 extant population sites varies, with eradication are being undertaken. We threats are operating throughout its observations ranging from 2 to 100 retained a listing priority number of 2 range. We are not aware of ongoing individuals. Eleven of the 12 B. lineare because the threats are of a high efforts to abate these threats or populations in the U.S. occur on Federal magnitude and are ongoing, so are otherwise protect existing populations. or Tribal land. imminent. Therefore, the magnitude of threats is Most B. lineare sites are impacted by Stenogyne kealiae (no common assessed to be high, but because the disturbances including grazing by native name)—The following summary is species appears to tolerate some level of and nonnative animals, trampling from based on information contained in our disturbance, we regard the threats as hikers, avalanches, and impacts from files. No new information was provided nonimminent and thus, we retained a vehicles. The effects of these various in the petition received on May 11, listing priority of 5 for this species. disturbances and their relative level of 2004. Stenogyne kealiae is a trailing or Zanthoxylum oahuense (Ae)—The impact in maintaining or eliminating scandent vine found in wet forest following summary is based on habitat have not been investigated for habitat on Kauai, Hawaii. This species information contained in our files. No the species. Six of the Botrychium is known from five populations totaling new information was provided in the lineare sites, one in Alaska, four in 100 to 200 individuals in the petition received on May 11, 2004. Montana, and one in Wyoming, are northwestern section of the island of Zanthoxylum oahuense is small tree located adjacent to disturbed roadsides Kauai. Stenogyne kealiae is threatened found in mesic to wet forest habitat on or all-terrain vehicle trails and may be by feral pigs and goats, and deer that Oahu, Hawaii. Currently this species is affected by roadside traffic or by road degrade and destroy habitat and may known from several populations totaling maintenance activities, such as directly prey upon it, and by nonnative approximately 500 individuals on Oahu. herbicide spraying or mowing. The plants that compete for light and Zanthoxylum oahuense is threatened by largest known site of B. lineare located nutrients. The threats to S. kealiae from feral pigs that directly prey upon it and along a roadside was sprayed in 2000, pigs, goats, deer, and nonnative plants degrade and destroy habitat, nonnative although impacts on the population are are of a high magnitude because of their plants that compete for light and unknown. Toadflax, an aggressive, severity, they are occurring range-wide, nutrients, and the black twig borer. All difficult-to-control, nonnative plant, and no efforts for their control have of the threats occur range-wide and no was introduced from the Pikes Peak been undertaken. The threats are also efforts for their control or eradication roadway into two B. lineare sites in imminent because they are ongoing. are being undertaken. We retained a Colorado. Other nonnative plants are Therefore, we retained a listing priority listing priority number of 2 for this associated with B. lineare sites number of 2 for this species. species because the threats are throughout the species’ range and Symphyotrichum georgianum rangewide and, therefore, of a high should be regarded as potential threats (Georgia aster)—The following summary magnitude and are ongoing, so are to the species. Grazing by livestock or is based on information from our files. imminent. wildlife is a potential threat if it occurs No new information was provided in prior to the maturation and release of Ferns and Allies the petition received on May 11, 2004. spores thus compromising the capacity Historically, 97 populations of Georgia Botrychium lineare (Slender for sexual reproduction of affected aster were known to exist; 34 of these moonwort)—The following summary is plants. Regulatory mechanisms may be have apparently been destroyed. The based on information contained in our inadequate to protect this species in species appears to have been eliminated files and the petition received on July Forest Service Regions 1 and 4, which from one of the five states in which it 28, 1999. See also the 12-month petition include sites found in Montana, Nevada, originally occurred. In most cases the finding published on June 6, 2002 (67 Utah, and Idaho, because in those exact cause of extirpation was not FR 39035). Fourteen populations are Regions B. lineare is not included on documented, but herbicides, highway currently known to exist: One in Alaska their regional sensitive species lists. construction, fire suppression, and (Wrangell County), two in Colorado (El Botrychium lineare is not on Canada’s residential and industrial development Paso County), four in Montana (Glacier list of threatened or vulnerable species, have all altered the historic landscape in County), three in Oregon (Wallowa so there is no special protection for this which Georgia aster once flourished. County), one in Washington (Ferry species in Canada. Georgia aster has apparently been County), one in Wyoming (Crook The generally small size of most eliminated from 4 counties in Alabama, County), one in Alberta, Canada, and existing B. lineare populations (less 1 county in Florida, 11 counties in one in the Yukon Territory, Canada. than 465 square meters (5,000 square Georgia, 1 county in North Carolina, and Collectively, these 14 sites occur over a feet)) makes this species not only 5 counties in South Carolina; it remains large area of western North America. difficult to locate, but also vulnerable to in 31 counties in 4 states (NC, SC, AL, Three additional populations, two in extirpation due to random naturally & GA). Most remaining populations of Nevada and one in Idaho, were occurring events. A single random this species survive adjacent to roads, discovered in surveys conducted in environmental event could extirpate a railroads, utility rights-of-way and other 2001; however, genetic analysis portion or all of the individuals at a openings where land management indicated that the plants contain B. given site. Conversely, the disjunct occasionally mimics natural disturbance lineare alleles but they are not pure B. nature of existing population sites over regimes, but where they are vulnerable lineare individuals. No extant a wide geographic range covering at to accidental destruction from herbicide populations are known east of the Rocky least six western states and two application, road shoulder grading, and Mountains. Most sites occupied by B. Canadian provinces indicates a high other maintenance activities. Many lineare are generally small, with most likelihood that additional, undetected B. populations are now threatened also by less than 465 square meters (5,000 lineare population sites exist. This is development (several are within square feet) in area. Botrychium lineare especially true of the more northern planned residential subdivisions), populations range in size from 2 to 162 latitudes where the species was until highway expansion/improvement, and plants, with 6 populations supporting last year, not previously located.

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53823

Because the plant is distributed over described species is found only on the Maui and all three of the populations on a wide range and because the species is island of Oahu on the slopes of the island of Hawaii. Therefore, the more difficult to locate than most other Diamond Head Crater in one population threats from feral pigs and nonnative plant species, we expect that more totaling hundreds of individuals. This plants are of a high magnitude and populations will continue to be species is threatened by fire that imminent and we retained a listing discovered in the future. Because the degrades and/or destroys habitat, and priority number of 3 for M. strigosa var. species is adapted to some level of nonnative plants that compete for light mauiensis. disturbance and seems to persist in and nutrients. Potential threats to D. Petitions To Reclassify Species Already disturbed environments, the threats are takeuchii include human trampling and Listed not high in magnitude. In addition, erosion of its steep hillside habitat. The since most populations (10 of 14) occur magnitude of threats continues to be We previously made warranted-but- on Federal lands and are afforded some high because no conservation measures precluded findings on five petitions level of protection, threats are currently have been taken to address them. seeking to reclassify threatened species nonimminent. For these reasons, we Threats continue to be imminent to endangered status. Because these assigned a listing priority number of 11 because they are ongoing and because of species are already listed, they are not to this species. the potential for the elimination of the technically candidates for listing and Christella boydiae (no common only known population by a single are not included in Table 1. However, name)—The following summary is stochastic or naturally occurring event. this notice and associated species based on information contained in our We retained a listing priority number of assessment forms also constitute the files. No new information was provided 2 for this species. resubmitted petition findings for these in the petition received on May 11, Huperzia stemmermanniae (no species. We find that reclassification to 2004. This species is a small to medium common name)—The following endangered status for the five species sized fern found in mesic to wet forest summary is based on information (which are listed below) is currently along streambanks on Oahu and Maui, contained in our files. No new warranted but precluded by work Hawaii. Historically, this species was information was provided in the identified above (see ‘‘Petition Findings also found on the island of Hawaii; petition received on May 11, 2004. for Candidate Species’’ above). One of however, the species has been Waewaeiole is found in mesic the primary reasons that the work extirpated from that island. Currently, Metrosideros polymorpha-Acacia koa identified above is higher priority is that this species is known from three (ohia-koa) forests on the islands of Maui these species are currently listed as populations with a combined total of and Hawaii, Hawaii. Only four threatened under the Act, and therefore 362 to 422 individuals. The three populations are known, totaling less they already receive certain protections populations are found in Kipahulu than 20 individuals on Hawaii and under the Act. The Service promulgated Valley and Waihoi Valley on Maui, and Maui. Huperzia stemmermanniae is regulations extending take prohibitions the Koolau Mountains of Oahu. Current threatened by feral pigs, goats, and for endangered species under section 9 populations survive only at the extreme cattle that degrade and/or destroy to threatened species (50 CFR 17.31). upper elevations of streambanks. habitat, fire, and nonnative plants that Prohibited actions under section 9 This species is threatened by feral compete for light, space, and nutrients. include, but are not limited to, take (i.e., pigs and goats that degrade and/or The threats to H. stemmermanniae from harass, harm, pursue, hunt, shoot, destroy habitat and that may eat this pigs, goats, cattle, fire, and nonnative wound, kill, trap, capture, or collect, or plant, nonnative plants that compete for plants are of a high magnitude and attempt to engage in such activity). light and nutrients, man-made stream imminent because of their severity, they Other protections include those under diversion, and erosion. Feral pigs and are occurring range-wide, no efforts for section 7(a)(2) of the Act whereby goats have been fenced out of one of the their control have been undertaken, and Federal agencies must insure that any three populations of C. boydiae and they are ongoing. Therefore, we retained action they authorize, fund, or carry out nonnative plants have been reduced in a listing priority number of 2 for this is not likely to jeopardize the continued the fenced area. Although one of the species. existence of any endangered or three populations of this species has Microlepia strigosa var. mauiensis threatened species. been fenced and weeds are being (Palapalai)—The following summary is (1) North Cascades ecosystem controlled in the fenced area, no based on information contained in our population of the grizzly bear (Ursus conservation efforts are underway to files. No new information was provided arctos horribilis) (Region 6) (also see 63 alleviate these threats to the other two in the petition received on May 11, FR 30453, June 4, 1998, and the species populations. In addition, no 2004. Palapalai is a fern found in mesic assessment form (see ADDRESSES) for conservation measures have been taken to wet forests. It is currently found only additional information on why to address the threats from stream on the island of Maui, where it is known reclassification to endangered is diversions and erosion throughout the from three populations totaling 100 to warranted-but-precluded)—Current range of C. boydiae. The threats to C. 200 individuals. Microlepia strigosa var. grizzly bear distribution has been boydiae are imminent and of a high mauiensis is threatened by feral pigs reduced to 5 areas in the western U.S., magnitude because they are ongoing in that degrade and destroy habitat, including the North Cascades in north two of only three known populations. nonnative plants that compete for light central Washington. Populations are Therefore, we retained a listing priority and nutrients, reduced reproductive estimated to be fewer than 20 animals number of 2 for this species. vigor, and stochastic extinction due to within the 9,500-square-mile (sq-mi) Doryopteris takeuchii (no common naturally occurring events. Feral pigs (25,000-square-kilometer (sq-km)) North name)—The following summary is have been fenced out of at least one area Cascades recovery zone. Threats to the based on information contained in our on Maui where M. strigosa var. species in this recovery zone include files. No new information was provided mauiensis currently occurs, and incomplete habitat protection measures in the petition received on May 11, nonnative plants have been reduced in (motorized access management) and 2004. Doryopteris takeuchii is a small the fenced area. However, the threats are small population size and population fern found in dry shrubland and not controlled and are ongoing in the fragmentation that produce genetic grassland on Oahu, Hawaii. This newly remaining unfenced populations on isolation. We assigned a listing priority

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53824 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

number of 3 for uplisting to this mortality in British Columbia and new exacerbated by the ongoing drought. population because of very low genetic information indicating the While some areas are subjected to fewer population numbers as evidenced by population is isolated and has declined disturbances or pressures, there are no continuing lack of credible sightings in genetic diversity relative to both known habitat areas that are completely and little success identifying animals adjacent populations. free of disturbance. Effects from through hair snagging and genetic (4) Spikedace (Meda fulgida) (Region nonnative species introductions are analysis. Information indicating 2) (see 59 FR 35303, July 11, 1994, and permanent, unless streams are actively isolation of the population in British the species assessment form (see renovated and/or barriers installed to Columbia and the U.S. limits the chance ADDRESSES) for additional information preclude further recolonization by of natural recovery given the small on why reclassification to endangered is nonnatives. Federal agencies have population size. Population warranted-but-precluded) ‘‘ The reduced grazing pressures by removing augmentation may be the only way to spikedace, a small fish species in a cattle from the mainstem of most rivers; recover this population. monotypic genus, is found in moderate- however, grazing in the uplands (2) Cabinet-Yaak population of the to-large perennial waters, where it continues to affect watershed condition. grizzly bear (Region 6) (see also 64 FR inhabits shallow riffles with sand, Groundwater withdrawals or exchanges 26725, May 17, 1999, and the species gravel, and rubble substrates, and that affect streamflow are not reversible. assessment form (see ADDRESSES) for moderate-to-swift currents and swift The threats are high in magnitude additional information on why pools over sand or gravel substrates. because effects from nonnative species reclassification to endangered is Specific habitat for this species consists introductions are permanent, unless warranted-but-precluded) ‘‘ Current of shear zones where rapid flow borders streams are actively renovated and/or grizzly bear distribution has been slower flow; areas of sheet flow at the barriers installed to preclude further reduced to 5 areas in the western U.S., upper ends of mid-channel sand/gravel recolonization by nonnatives and including the Cabinet-Yaak in northern bars; and eddies at downstream riffle groundwater withdrawals or exchanges Idaho and northwest Montana. edges. Recurrent flooding and a natural that affect streamflow are not reversible. Populations are estimated to be 30–40 hydrograph are very important in Because these high magnitude threats animals within the 2,600-sq-mi (6,700- maintaining the habitat of spikedace have gone on for many years in the past, sq-km) Cabinet-Yaak recovery zone. and in helping maintain a competitive and are ongoing, the threats are Threats to the species in this recovery edge over invading nonnative aquatic imminent. Therefore, we assigned this zone include incomplete habitat species. species a listing priority of 1 for protection measures in the form of The spikedace was once common uplisting to endangered. Note on motorized access management, throughout much of the December 20, 2005, we published a overutilization by human-caused basin, but it is now restricted to proposed critical habitat rule (70 FR mortality, and small population size and approximately 466 kilometers (289 75545) for this species. population fragmentation that produce miles) of stream in portions of the upper (5) Loach minnow (Tiaroga cobitis) genetic isolation. We assigned a listing Gila River (Grant, Catron, and Hidalgo (Region 2) (see 59 FR 35303, July 11, priority number of 3 for uplisting to this Counties, New Mexico); middle Gila 1994, and the species assessment form population due to continuing high River (Pinal County, Arizona); lower (see ADDRESSES) for additional levels of human-caused mortality, new San Pedro River (Pinal County, information on why reclassification to threats to habitat in the form of large- Arizona); (Graham and endangered is warranted-but- scale mine development proposals in Pinal Counties, Arizona); precluded)—This small fish, the only the Cabinet Mountains, and the high (Graham and Greenlee Counties, species within the genus, is found in potential for further fragmentation of Arizona); and the Verde River (Yavaipai small-to-large perennial streams and populations within the recovery zone. County, Arizona). Its present range is uses shallow, turbulent riffles with (3) Selkirk grizzly population of the only about 10 to 15 percent of the primarily cobble substrate and swift grizzly bear (Region 6) (see also 64 FR historic range, and the status of the currents. The loach minnow uses the 26725, May 17, 1999, and the species species within occupied areas ranges spaces between, and in the lee of, larger assessment form (see ADDRESSES) for from common to very rare. The species substrate for resting and spawning. It is additional information on why is now common only in Aravaipa Creek rare or absent from habitats where fine reclassification is warranted-but- in Arizona and some parts of the upper sediments fill the interstitial spaces. precluded) ‘‘ Current grizzly bear Gila River in New Mexico. The Recurrent flooding and a natural distribution has been reduced to 5 areas reduction in the historical distribution hydrograph are very important in in the western U.S., including the of spikedace is largely attributable to the maintaining the habitat of loach Selkirk Mountains in northern Idaho, continued modification of its habitat minnow and in helping the species northeast Washington, and Southeast and continued interactions with maintain a competitive edge over British Columbia. Populations are nonnative species. These threats occur invading nonnative aquatic species. estimated to be 40–50 animals within over the majority of their range, to The loach minnow was once locally the 2,200 square mile (5,700 square varying degrees. Each of the individual common throughout much of the Gila kilometer) Selkirk Mountains recovery spikedace complexes may face unique River basin, including the mainstem zone. Threats to the species in this threats as well. For example, the San Gila River upstream of Phoenix, and the recovery zone include incomplete Pedro River area is experiencing Verde, Salt, San Pedro, and San habitat protection measures in the form groundwater depletion which is Francisco subbasins. The present range of motorized access management, affecting surface flows within the river is only 15 to 20 percent of its historic overutilization in the form of human- channel, whereas faces range, and the status of the species caused mortality, and small population continued grazing pressure, recreational within occupied areas ranges from size and population fragmentation that use, and dewatering due to diversions. common to rare. The species is now produce genetic isolation. We assigned Proposals have been made for water common only in Aravaipa Creek and the a listing priority number of 3 for exchanges affecting the Verde River in in Arizona, and limited uplisting to this population because of order to provide water for growing portions of the San Francisco, upper continuing high levels of human-caused urban areas. Currently, threats are Gila, and Tularosa rivers in New

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53825

Mexico. The reduction in the historical State and Federal agencies, new findings on all petitions for which distribution of loach minnow is largely knowledgeable scientists, public and we previously made ‘‘warranted-but- attributable to the continued private natural resource interests, and precluded’’ findings. We identify the modification of its habitat and comments received in response to species for which we made a continued continued interactions with nonnative previous notices of review. warranted-but-precluded finding on a species. These threats occur over the Tables 1 and 2 list animals arranged resubmitted petition by the code ‘‘C*’’ majority of the range, to varying degrees. alphabetically by common names under in the category column (see ‘‘Findings Each of the individual loach minnow the major group headings and list plants on Resubmitted Petitions’’ section for complexes may face unique threats as alphabetically by names of genera, additional information). well. For example, the San Pedro River species, and relevant subspecies and The ‘‘Priority’’ column indicates the area is experiencing groundwater varieties. Animals are grouped by class listing priority number (LPN) for each depletion which is affecting surface or order. Plants are subdivided into two candidate species which we use to flows within the river channel, whereas groups: (1) Flowering plants and (2) determine the most appropriate use of Tonto Creek faces continued grazing ferns and their allies. Useful synonyms our available resources. The lowest pressure, recreational use, and and subgeneric scientific names appear numbers have the highest priority. We dewatering due to diversions. Proposals in parentheses with the synonyms assign LPNs based on the immediacy have been made for water exchanges preceded by an ‘‘equals’’ sign. Several and magnitude of threats as well as on affecting the Verde River in order to species that have not yet been formally taxonomic status. We published a provide water for growing urban areas. described in the scientific literature are complete description of our listing Currently, threats are exacerbated by the included; such species are identified by priority system in the Federal Register ongoing drought. While some areas are a generic or specific name (in italics), (48 FR 43098, September 21, 1983). subjected to fewer disturbances or followed by ‘‘sp.’’ or ‘‘ssp.’’ We The third column, ‘‘Lead Region,’’ pressures, there are no known habitat incorporate standardized common identifies the Regional Office to which areas that are completely free of names in these notices as they become you should direct comments or disturbance. Effects from nonnative available. We sorted plants by scientific questions (see addresses at the end of species introductions are permanent name due to the inconsistencies in the SUPPLEMENTARY INFORMATION unless streams are actively renovated common names, the inclusion of section). and/or barriers installed to preclude vernacular and composite subspecific Following the scientific name (fourth further recolonization by nonnatives. names, and the fact that many plants column) and the family designation Federal agencies have reduced grazing still lack a standardized common name. (fifth column) is the common name Table 1 lists all candidate species and pressures by removing cattle from the (sixth column). The seventh column all species proposed for listing under mainstem of most rivers; however, provides the known historical range for the Act. We emphasize that we are not grazing in the uplands continues to the species or vertebrate population (for proposing these candidate species for affect watershed condition. vertebrate populations, this is the listing by this notice, but we anticipate Groundwater withdrawals or exchanges historical range for the entire species or developing and publishing proposed that affect streamflow are not reversible. subspecies and not just the historical listing rules for these species in the Most of these high-magnitude threats to range for the distinct population future. We encourage State agencies, the loach minnow are already ongoing, segment), indicated by postal code in particular grazing, water other Federal agencies, and other parties abbreviations for States and U.S. withdrawals, nonnative stocking to give consideration to these species in territories. Many species no longer programs, recreational use, and drought. environmental planning. occur in all of the areas listed. Because threats have gone on for many In Table 1, the ‘‘category’’ column on Species in Table 2 of this notice are years in the past, are associated with the left side of the table identifies the species we included either as proposed irreversible commitments (e.g., water status of each species according to the species or as candidates in the previous exchanges), or are not easily reversed following codes: CNOR (published May 11, 2005) that are (e.g., nonnative stocking and impacts PE—Species proposed for listing as from grazing), the threats are high in endangered. Proposed species are those no longer proposed species or magnitude and imminent. Therefore, we species for which we have published a candidates for listing. Since May 11, assigned this species a listing priority proposed rule to list as endangered or 2005, we added 19 of these species to number of 1 for uplisting to endangered. threatened in the Federal Register. This the Lists of Endangered and Threatened Note on December 20, 2005, we category does not include species for Wildlife and Plants and removed 14 published a proposed critical habitat which we have withdrawn or finalized species from candidate status for the rule (70 FR 75545) for this species. the proposed rule. reasons indicated by the codes. The first PT—Species proposed for listing as column indicates the present status of Current Notice of Review threatened. the species, using the following codes We gather data on plants and animals PSAT—Species proposed for listing as (not all of these codes may have been native to the U.S. that appear to merit threatened due to similarity of used in this CNOR): consideration for addition to the Lists of appearance. E—Species we listed as endangered. Endangered and Threatened Wildlife C—Candidates: Species for which we T—Species we listed as threatened. and Plants. This notice identifies those have on file sufficient information on Rc—Species we removed from the species that we currently regard as biological vulnerability and threats to candidate list because currently candidates for addition to the Lists. support proposals to list them as available information does not support These candidates include species and endangered or threatened. Issuance of a proposed listing. subspecies of fish, wildlife, or plants proposed rules for these species is Rp—Species we removed from the and DPSs of vertebrate animals. This precluded at present by other higher- candidate list because we have compilation relies on information from priority listing actions. This category withdrawn the proposed listing. status surveys conducted for candidate includes species for which we made a The second column indicates why we assessment and on information from 12-month warranted-but-precluded no longer regard the species as a State Natural Heritage Programs, other finding on a petition to list. We made candidate or proposed species using the

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53826 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

following codes (not all of these codes (7) suggesting appropriate common Director (TE), U.S. Fish and Wildlife may have been used in this CNOR): names; and Service, P.O. Box 25486, Denver A—Species that are more abundant or (8) noting any mistakes, such as errors Federal Center, Denver, Colorado widespread than previously believed in the indicated historical ranges. 80225–0486 (303/236–7400). and species that are not subject to the Submit your comments regarding a Region 7. Alaska. Regional Director degree of threats sufficient to warrant particular species to the Regional continuing candidate status, or issuing a Director of the Region identified as (TE), U.S. Fish and Wildlife Service, proposed or final listing. having the lead responsibility for that 1011 East Tudor Road, Anchorage, F—Species whose range no longer species. The regional addresses follow: Alaska 99503–6199 (907/786–3505). includes a U.S. territory. Region 1. Hawaii, Idaho, Oregon, We provided comments received in I—Species for which we have Washington, American Samoa, Guam, response to the previous CNOR to the insufficient information on biological and Commonwealth of the Northern Region having lead responsibility for vulnerability and threats to support Mariana Islands. Regional Director each candidate species mentioned in the issuance of a proposed rule to list. (TE), U.S. Fish and Wildlife Service, comment. We will likewise consider all L—Species we added to the Lists of Eastside Federal Complex, 911 NE. information provided in response to this Endangered and Threatened Wildlife 11th Avenue, Portland, Oregon and Plants. CNOR in deciding whether to propose 97232–4181 (503/231–6158). species for listing and when to M—Species we mistakenly included California/Nevada Operations Office undertake necessary listing actions as candidates or proposed species in the (CNO). California and Nevada. (including whether emergency listing last notice of review. Regional Director (TE), U.S. Fish and pursuant to section 4(b)(7) of the Act is N—Species that are not listable Wildlife Service, 2800 Cottage Way, entities based on the Act’s definition of Suite W2606, Sacramento, California appropriate). Comments we receive will ‘‘species’’ and current taxonomic 95825. become part of the administrative record understanding. Region 2. Arizona, New Mexico, for the species, which we maintain at U—Species not subject to the degree Oklahoma, and Texas. Regional the appropriate Regional Office. of threats sufficient to warrant issuance Director (TE), U.S. Fish and Wildlife Our practice is to make comments, of a proposed listing or continuance of Service, 500 Gold Avenue SW., Room including names and home addresses of candidate status due, in part or totally, 4012, Albuquerque, New Mexico respondents, available for public review to conservation efforts that remove or 87102 (505/248–6920). during regular business hours. reduce the threats to the species. Region 3. Illinois, Indiana, Iowa, X—Species we believe to be extinct. Individual respondents may request that Michigan, Minnesota, Missouri, Ohio, we withhold their home addresses from The columns describing lead region, and Wisconsin. Regional Director scientific name, family, common name, the rulemaking record, which we will (TE), U.S. Fish and Wildlife Service, honor to the extent allowable by law. and historical range include information Bishop Henry Whipple Federal as previously described for Table 1. There also may be circumstances in Building, One Federal Drive, Fort which we would withhold from the Request for Information Snelling, Minnesota 55111–4056 record a respondent’s identity, as We request you submit any further (612/713–5334). allowable by law. If you wish us to Region 4. Alabama, Arkansas, Florida, information on the species named in withhold your name and/or address, Georgia, Kentucky, Louisiana, this notice as soon as possible or you must state this prominently at the Mississippi, North Carolina, South whenever it becomes available. We are beginning of your comment, but you particularly interested in any Carolina, Tennessee, Puerto Rico, and the U.S. Virgin Islands. Regional should be aware that the Service may be information: required to disclose your name and (1) Indicating that we should add a Director (TE), U.S. Fish and Wildlife Service, 1875 Century Boulevard, address pursuant to the Freedom of species to the list of candidate species; Information Act. However, we will not (2) indicating that we should remove Suite 200, Atlanta, Georgia 30345 (404/679–4156). consider anonymous comments. We a species from candidate status; will make all submissions from (3) recommending areas that we Region 5. Connecticut, Delaware, should designate as critical habitat for a District of Columbia, Maine, organizations or businesses, and from species, or indicating that designation of Maryland, Massachusetts, New individuals identifying themselves as critical habitat would not be prudent for Hampshire, New Jersey, New York, representatives or officials of a species; Pennsylvania, Rhode Island, Vermont, organizations or businesses, available (4) documenting threats to any of the Virginia, and West Virginia. Regional for public inspection in their entirety. included species; Director (TE), U.S. Fish and Wildlife Authority: This notice is published under (5) describing the immediacy or Service, 300 Westgate Center Drive, the authority of the Endangered Species Act magnitude of threats facing candidate Hadley, Massachusetts 01035–9589 (16 U.S.C. 1531 et seq.). species; (413/253–8615). (6) pointing out taxonomic or Region 6. Colorado, Kansas, Montana, Dated: August 23, 2006. nomenclature changes for any of the Nebraska, North Dakota, South Marshall Jones, species; Dakota, Utah, and Wyoming. Regional Director, Fish and Wildlife Service.

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53827

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS) [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historic range Category Priority region

MAMMALS

C* ...... 3 R1 ...... Emballonura semicaudata Emballonuridae ... Bat, Pacific sheath-tailed U.S.A. (GU, CNMI). rotensis. (Mariana Islands sub- species). C* ...... 3 R1 ...... Emballonura semicaudata Emballonuridae ... Bat, Pacific sheath-tailed U.S.A. (AS), Fiji, Inde- semicaudata. (American Samoa DPS). pendent Samoa, Tonga, Vanuatu. C* ...... 2 R5 ...... Sylvilagus transitionalis .... Leporidae ...... Cottontail, New England .. U.S.A. (CT, MA, ME, NH, NY, RI, VT). C* ...... 6 CNO ...... Martes pennanti ...... Mustelidae ...... Fisher (west coast DPS) .. U.S.A. (CA, CT, IA, ID, IL, IN, KY, MA, MD, ME, MI, MN, MT, ND, NH, NJ, NY, OH, OR, PA, RI, TN, UT, VA, VT, WA, WI, WV, WY), Canada. C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Mazama U.S.A. (WA). couchi. (Shelton). C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Mazama U.S.A. (WA). glacialis. (Roy Prairie). C* ...... 3 R1 ...... Thomomys mazama louiei Geomyidae ...... Pocket gopher, Mazama U.S.A. (WA). (Cathlamet). C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Mazama U.S.A. (WA). melanops. (Olympic). C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Mazama U.S.A. (WA). pugetensis. (Olympia). C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Mazama U.S.A. (WA). tacomensis. (Tacoma). C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Mazama U.S.A. (WA). tumuli. (Tenino). C* ...... 3 R1 ...... Thomomys mazama Geomyidae ...... Pocket gopher, Mazama U.S.A. (WA). yelmensis. (Yelm). C* ...... 3 CNO ...... Spermophilus tereticaudus Sciuridae ...... Squirrel, Palm Springs (= U.S.A. (CA). chlorus. Coachella Valley) round-tailed ground. C* ...... 9 R1 ...... Spermophilus brunneus Sciuridae ...... Squirrel, Southern Idaho U.S.A. (ID). endemicus. ground. C* ...... 5 R1 ...... Spermophilus washingtoni Sciuridae ...... Squirrel, Washington U.S.A. (WA, OR). ground.

BIRDS

C* ...... 3 R1 ...... Porzana tabuensis ...... Rallidae ...... Crake, spotless (American U.S.A. (AS), Australia, Fiji, Samoa DPS). Independent Samoa, Marquesas, Philippines, Society Islands, Tonga. C* ...... 2 R1 ...... Oreomystis bairdi ...... Fringillidae ...... Creeper, Kauai ...... U.S.A. (HI). C* ...... 3 CNO ...... Coccyzus americanus ...... Cuculidae ...... Cuckoo, yellow-billed U.S.A. (Lower 48 States), (Western U.S. DPS). Canada, Mexico, Cen- tral and South America. C* ...... 6 R1 ...... Gallicolumba stairi ...... Columbidae ...... Ground-dove, friendly U.S.A. (AS), Independent (American Samoa DPS). Samoa. C* ...... 3 R1 ...... Eremophila alpestris Alaudidae ...... Horned lark, streaked ...... U.S.A. (OR, WA), Canada strigata. (BC). C* ...... 6 R5 ...... Calidris canutus rufa ...... Scolopacidae ...... Knot, red ...... U.S.A. (Atlantic coast), Canada, South Amer- ica. C* ...... 5 R7 ...... Brachyramphus Alcidae ...... Murrelet, Kittlitz’s ...... U.S.A. (AK), Russia. brevirostris. C* ...... 2 CNO ...... Synthliboramphus Alcidae ...... Murrelet, Xantus’s ...... U.S.A. (CA), Mexico. hypoleucus. C* ...... 8 R2 ...... Tympanuchus Phasianidae ...... Prairie-chicken, lesser ...... U.S.A. (CO, KA, NM, OK, pallidicinctus. TX). C* ...... 6 R1 ...... Centrocercus Phasianidae ...... Sage-grouse, greater (Co- U.S.A. (AZ, CA, CO, ID, urophasianus. lumbia Basin DPS). MT, ND, NE, NV, OR, SD, UT, WA, WY), Can- ada (AB, BC, SK).

VerDate Aug<31>2005 17:59 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53828 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historic range Category Priority region

C* ...... 3 R1 ...... Oceanodroma castro ...... Hydrobatidae ...... Storm-petrel, band- U.S.A. (HI), Atlantic rumped (Hawaii DPS). Ocean, Ecuador (Gala- pagos Islands), Japan. C* ...... 5 R4 ...... Dendroica angelae ...... Emberizidae ...... Warbler, elfin woods ...... U.S.A. (PR).

REPTILES

C* ...... 2 R2 ...... Sceloporus arenicolus ...... Iguanidae ...... Lizard, sand dune ...... U.S.A. (TX, NM). C* ...... 9 R3 ...... Sistrurus catenatus Viperidae ...... Massasauga U.S.A. (IA, IL, IN, MI, MO, catenatus. (=rattlesnake), eastern. MN, NY, OH, PA, WI), Canada. C* ...... 3 R4 ...... Pituophis melanoleucus Colubridae ...... Snake, black pine ...... U.S.A. (AL, LA, MS). lodingi. C* ...... 8 R4 ...... Pituophis ruthveni ...... Colubridae ...... Snake, Louisiana pine ..... U.S.A. (LA, TX). C* ...... 3 R2 ...... Kinosternon sonoriense Kinosternidae ...... Turtle, Sonoyta mud ...... U.S.A. (AZ), Mexico. longifemorale.

AMPHIBIANS

C* ...... 3 CNO ...... Rana luteiventris ...... Ranidae ...... Frog, Columbia spotted U.S.A. (AK, ID, MT, NV, (Great Basin DPS). OR, UT, WA, WY), Canada (BC). C* ...... 3 CNO ...... Rana muscosa ...... Ranidae ...... Frog, mountain yellow- U.S.A. (CA, NV). legged (Sierra Nevada DPS). C* ...... 2 R1 ...... Rana pretiosa ...... Ranidae ...... Frog, Oregon spotted ...... U.S.A. (CA, OR, WA), Canada (BC). C* ...... 11 CNO ...... Rana onca ...... Ranidae ...... Frog, relict leopard ...... U.S.A. (AZ, NV, UT). C* ...... 3 R3 ...... Cryptobranchus Crytobranchidae .. Hellbender, Ozark ...... U.S.A. (AR, MO). alleganiensis bishopi. C* ...... 2 R2 ...... Eurycea waterlooensis ..... Plethodontidae .... Salamander, Austin blind U.S.A. (TX). C* ...... 2 R2 ...... Eurycea naufragia ...... Plethodontidae .... Salamander, Georgetown U.S.A. (TX). C* ...... 2 R2 ...... Eurycea chisholmensis .... Plethodontidae .... Salamander, Salado ...... U.S.A. (TX). C* ...... 11 CNO ...... Bufo canorus ...... Bufonidae ...... Toad, Yosemite ...... U.S.A. (CA). C* ...... 2 R4 ...... Necturus alabamensis ..... Proteidae ...... Waterdog, black warrior U.S.A. (AL). (=Sipsey Fork).

FISHES

PE ...... 3 CNO ...... Gila bicolor vaccaceps ..... Cyprinidae ...... Chub, Cowhead Lake tui U.S.A. (CA). C* ...... 2 R2 ...... Gila nigra ...... Cyprinidae ...... Chub, headwater ...... U.S.A. (AZ, NM). C* ...... 11 R6 ...... Etheostoma cragini ...... Percidae ...... Darter, Arkansas ...... U.S.A. (AR, CO, KS, MO, OK). C* ...... 5 R4 ...... Etheostoma susanae ...... Percidae ...... Darter, Cumberland ...... U.S.A. (KY, TN). C* ...... 5 R4 ...... Percina aurora ...... Percidae ...... Darter, Pearl ...... U.S.A. (LA, MS). C* ...... 2 R4 ...... Etheostoma phytophilum Percidae ...... Darter, rush ...... U.S.A. (AL). C* ...... 2 R4 ...... Etheostoma moorei ...... Percidae ...... Darter, yellowcheek ...... U.S.A. (AR). C* ...... 3 R6 ...... Thymallus arcticus ...... Salmonidae ...... Grayling, Fluvial arctic U.S.A. (MT, WY). (upper Missouri River DPS). C* ...... 2 R4 ...... Noturus crypticus ...... Ictaluridae ...... Madtom, chucky ...... U.S.A. (TN). C ...... 5 R4 ...... Moxostoma sp...... Catostomidae ...... Redhorse, sicklefin ...... U.S.A. (GA, NC, TN). C* ...... 2 R3 ...... Cottus sp...... Cottidae ...... Sculpin, grotto ...... U.S.A. (MO). C* ...... 5 R2 ...... Notropis oxyrhynchus ...... Cyprinidae ...... Shiner, sharpnose ...... U.S.A. (TX). C* ...... 5 R2 ...... Notropis buccula ...... Cyprinidae ...... Shiner, smalleye ...... U.S.A. (TX). C* ...... 3 R2 ...... Catostomus discobolus Catostomidae ...... Sucker, Zuni bluehead ..... U.S.A. (AZ, NM). yarrowi. PSAT ...... N/A R1 ...... Salvelinus malma ...... Salmonidae ...... Trout, Dolly Varden ...... U.S.A. (AK, WA), Canada, East Asia.

CLAMS

C* ...... 5 R4 ...... Villosa choctawensis ...... Unionidae ...... Bean, Choctaw ...... U.S.A. (AL, FL). C ...... 2 R3 ...... Villosa fabalis ...... Unionidae ...... Bean, rayed ...... U.S.A. (IL, IN, KY, MI, NY, OH, TN, PA, VA, WV), Canada (ON). C ...... 2 R4 ...... Fusconaia (=Obovaria) Unionidae ...... Ebonyshell, round ...... U.S.A. (AL, FL). rotulata. C* ...... 2 R2 ...... Popenaias popei ...... Unionidae ...... Hornshell, Texas ...... U.S.A. (NM, TX), Mexico.

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53829

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historic range Category Priority region

C* ...... 5 R4 ...... Ptychobranchus Unionidae ...... Kidneyshell, fluted ...... U.S.A. (AL, KY, TN, VA). subtentum. C ...... 2 R4 ...... Ptychobranchus jonesi ..... Unionidae ...... Kidneyshell, southern ...... U.S.A. (AL, FL). C* ...... 5 R4 ...... Lampsilis rafinesqueana .. Unionidae ...... Mucket, Neosho ...... U.S.A. (AR, KS, MO, OK). C ...... 2 R3 ...... Plethobasus cyphyus ...... Unionidae ...... Mussel, sheepnose ...... U.S.A. (AL, IA, IL, IN, KY, MN, MO, MS, OH, PA, TN, VA, WI, WV). C* ...... 2 R4 ...... Margaritifera marrianae .... Margaritiferidae ... Pearlshell, Alabama ...... U.S.A. (AL). C* ...... 5 R4 ...... Lexingtonia dolabelloides Unionidae ...... Pearlymussel, slabside .... U.S.A. (AL, KY, TN, VA). C ...... 5 R4 ...... Pleurobema strodeanum .. Unionidae ...... Pigtoe, fuzzy ...... U.S.A. (AL, FL). C* ...... 2 R4 ...... Pleurobema hanleyanum Unionidae ...... Pigtoe, Georgia ...... U.S.A. (AL, GA, TN). C ...... 5 R4 ...... Fusconaia escambia ...... Unionidae ...... Pigtoe, narrow ...... U.S.A. (AL, FL). C ...... 11 R4 ...... Quincuncina burkei ...... Unionidae ...... Pigtoe, tapered ...... U.S.A. (AL, FL). C ...... 5 R4 ...... Hamiota (=Lampsilis) Unionidae ...... Sandshell, southern ...... U.S.A. (AL, FL). australis. C ...... 4 R3 ...... Cumberlandia monodonta Margaritiferidae ... Spectaclecase ...... U.S.A. (AL, AR, IA, IN, IL, KS, KY, MO, MN, NE, OH, TN, VA, WI, WV). C* ...... 2 R4 ...... Elliptio spinosa ...... Unionidae ...... Spinymussel, Altamaha ... U.S.A. (GA).

SNAILS

C ...... 2 R4 ...... Pleurocera foremani ...... Pleuroceridae ...... Hornsnail, rough ...... U.S.A. (AL). C ...... 2 R4 ...... Elimia melanoides ...... Pleuroceridae ...... Mudalia, black ...... U.S.A. (AL). C* ...... 9 R6 ...... Oreohelix peripherica Oreohelicidae ...... Mountainsnail, Ogden ...... U.S.A. (UT). wasatchensis. C* ...... 8 R6 ...... Stagnicola bonnevillensis Lymnaeidae ...... Pondsnail, Bonneville ...... U.S.A. (UT). C* ...... 2 R4 ...... Leptoxis foremani Pleuroceridae ...... Rocksnail, Interrupted U.S.A. (GA, AL). (=downei). (=Georgia). C* ...... 2 R1 ...... Ostodes strigatus ...... Potaridae ...... Sisi snail ...... U.S.A. (AS). C* ...... 2 R2 ...... Pseudotryonia Hydrobiidae ...... Snail, Diamond Y Spring U.S.A. (TX). adamantina. C* ...... 2 R1 ...... Samoana fragilis ...... Partulidae ...... Snail, fragile tree ...... U.S.A. (GU, MP). C* ...... 2 R1 ...... Partula radiolata ...... Partulidae ...... Snail, Guam tree ...... U.S.A. (GU). C* ...... 2 R1 ...... Partula gibba ...... Partulidae ...... Snail, Humped tree ...... U.S.A. (GU, MP). C* ...... 2 R1 ...... Partulina semicarinata ..... Achatinellidae ...... Snail, Lanai tree ...... U.S.A. (HI). C* ...... 2 R1 ...... Partulina variabilis ...... Achatinellidae ...... Snail, Lanai tree ...... U.S.A. (HI). C* ...... 2 R1 ...... Partula langfordi ...... Partulidae ...... Snail, Langford’s tree ...... U.S.A. (MP). C* ...... 2 R2 ...... Cochliopa texana ...... Hydrobiidae ...... Snail, Phantom cave ...... U.S.A. (TX). C* ...... 2 R1 ...... Eua zebrina ...... Partulidae ...... Snail, Tutuila tree ...... U.S.A. (AS). C* ...... 2 R2 ...... Pyrgulopsis chupaderae .. Hydrobiidae ...... Springsnail, Chupadera ... U.S.A. (NM). C* ...... 2 CNO ...... Pyrgulopsis notidicola ...... Hydrobiidae ...... Springsnail, elongate mud U.S.A. (NV). meadows. C* ...... 11 R2 ...... Pyrgulopsis gilae ...... Hydrobiidae ...... Springsnail, Gila ...... U.S.A. (NM). C* ...... 2 R2 ...... Tryonia circumstriata Hydrobiidae ...... Springsnail, Gonzales ...... U.S.A. (TX). (=stocktonensis). C* ...... 5 R2 ...... Pyrgulopsis thompsoni ..... Hydrobiidae ...... Springsnail, Huachuca ..... U.S.A. (AZ), Mexico. C* ...... 11 R2 ...... Pyrgulopsis thermalis ...... Hydrobiidae ...... Springsnail, New Mexico U.S.A. (NM). C* ...... 5 R2 ...... Pyrgulopsis morrisoni ...... Hydrobiidae ...... Springsnail, Page ...... U.S.A. (AZ). C* ...... 2 R2 ...... Tryonia cheatumi ...... Hydrobiidae ...... Springsnail (=Tryonia), U.S.A. (TX). Phantom. C* ...... 2 R2 ...... Pyrgulopsis trivialis ...... Hydrobiidae ...... Springsnail, Three Forks .. U.S.A. (AZ). C* ...... 2 R1 ...... Newcombia cumingi ...... Achatinellidae ...... Tree snail, Newcomb’s .... U.S.A. (HI)

INSECTS

C* ...... 11 R6 ...... Zaitzevia thermae ...... Elmidae ...... Beetle, Warm Springs U.S.A. (MT). Zaitzevian riffle. C* ...... 8 R1 ...... Nysius wekiuicola ...... Lygaeidae ...... Bug, Wekiu ...... U.S.A. (HI). C ...... 3 R4 ...... Anaea troglodyta floridalis Nymphalidae ...... Butterfly, Florida leafwing U.S.A. (FL). C* ...... 3 R1 ...... Hypolimnas octucula Nymphalidae ...... Butterfly, Mariana eight- U.S.A. (GU, MP). mariannensis. spot. C* ...... 2 R1 ...... Vagrans egestina ...... Nymphalidae ...... Butterfly, Mariana wan- U.S.A. (GU, MP). dering. C* ...... 6 R4 ...... Cyclargus thomasi Lycaenidae ...... Butterfly, Miami blue ...... U.S.A. (FL), Bahamas. bethunebakeri. C* ...... 5 R4 ...... Glyphopsyche sequatchie Limnephilidae ...... Caddisfly, Sequatchie ...... U.S.A. (TN). C ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Baker Sta- U.S.A. (TN). insularis. tion (=insular).

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53830 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historic range Category Priority region

C* ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, beaver ...... U.S.A. (KY). major. C* ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Clifton ...... U.S.A. (KY). caecus. C ...... 11 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Coleman ..... U.S.A. (TN). colemanensis. C ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, ’s ...... U.S.A. (TN). fowlerae. C* ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, icebox ...... U.S.A. (KY). frigidus. C ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Indian Grave U.S.A. (TN). tiresias. Point (=Soothsayer). C* ...... 5 R4 ...... Pseudanophthalmus in- Carabidae ...... Cave beetle, inquirer ...... U.S.A. (TN). quisitor. C* ...... 5 R4 ...... Pseudanophthalmus trog- Carabidae ...... Cave beetle, Louisville ..... U.S.A. (KY). lodytes. C ...... 5 R4 ...... Pseudanophthalmus pau- Carabidae ...... Cave beetle, Noblett’s ...... U.S.A. (TN). lus. C* ...... 11 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, surprising .... U.S.A. (KY). inexpectatus. C* ...... 5 R4 ...... Pseudanophthalmus Carabidae ...... Cave beetle, Tatum ...... U.S.A. (KY). parvus. C* ...... 3 R1 ...... Euphydryas editha taylori Nymphalidae ...... Checkerspot, Taylor’s U.S.A. (OR, WA), Canada (=Whulge). (BC). C* ...... 9 R1 ...... Megalagrion Coenagrionidae ... Damselfly, blackline Ha- U.S.A. (HI). nigrohamatum nigro- waiian. lineatum. C* ...... 2 R1 ...... Megalagrion leptodemas .. Coenagrionidae ... Damselfly, crimson Ha- U.S.A. (HI). waiian. C* ...... 2 R1 ...... Megalagrion nesiotes ...... Coenagrionidae ... Damselfly, flying earwig U.S.A. (HI). Hawaiian. C* ...... 2 R1 ...... Megalagrion oceanicum ... Coenagrionidae ... Damselfly, oceanic Hawai- U.S.A. (HI). ian. C* ...... 8 R1 ...... Megalagrion xanthomelas Coenagrionidae ... Damselfly, orangeblack U.S.A. (HI). Hawaiian. C* ...... 2 R1 ...... Megalagrion pacificum ..... Coenagrionidae ... Damselfly, Pacific Hawai- U.S.A. (HI). ian. C ...... 3 R4 ...... Strymon acis bartrami ...... Lycaenidae ...... Hairstreak, Bartram’s ...... U.S.A. (FL). C ...... 5 CNO ...... Ambrysus funebris ...... Naucoridae ...... Naucorid bug (=Furnace U.S.A. (CA). Creek), Nevares Spring. C* ...... 2 R1 ...... Drosophila attigua ...... Drosophilidae ...... fly, Picture-wing ...... U.S.A. (HI). C* ...... 2 R1 ...... Drosophila digressa ...... Drosophilidae ...... fly, Picture-wing U.S.A. (HI). [unnamed]. C* ...... 5 R2 ...... Heterelmis stephani ...... Elmidae ...... Riffle beetle, Stephan’s .... U.S.A. (AZ). C* ...... 11 R3 ...... Hesperia dacotae ...... Hesperiidae ...... Skipper, Dakota ...... U.S.A. (MN, IA, SD, ND, IL), Canada. C* ...... 5 R1 ...... Polites mardon ...... Hesperiidae ...... Skipper, Mardon ...... U.S.A. (CA, OR, WA). C* ...... 9 R6 ...... Cicindela limbata Cicindelidae ...... Tiger beetle, Coral Pink U.S.A. (UT). albissima. Sand Dunes. C* ...... 5 R4 ...... Cicindela highlandensis ... Cicindelidae ...... Tiger beetle, highlands .... U.S.A. (FL).

ARACHNIDS

C* ...... 2 R2 ...... Cicurina wartoni ...... Dictynidae ...... Meshweaver, Warton’s U.S.A. (TX). cave.

CRUSTACEANS

C ...... 2 R2 ...... Gammarus hyalleloides ... Gammaridae ...... Amphipod, diminutive ...... U.S.A. (TX). C* ...... 5 R1 ...... Metabetaeus lohena ...... Alpheidae ...... Shrimp, anchialine pool ... U.S.A. (HI). C* ...... 5 R1 ...... Palaemonella burnsi ...... Palaemonidae ..... Shrimp, anchialine pool ... U.S.A. (HI). C* ...... 5 R1 ...... Procaris hawaiana ...... Procarididae ...... Shrimp, anchialine pool ... U.S.A. (HI). C* ...... 4 R1 ...... Vetericaris chaceorum ..... Procaridae ...... Shrimp, anchialine pool ... U.S.A. (HI). C* ...... 5 R4 ...... Typhlatya monae ...... Atyidae ...... Shrimp, troglobitic ground- U.S.A. (PR), Barbuda, Do- water. minican Republic.

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53831

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historic range Category Priority region

FLOWERING PLANTS

C* ...... 8 CNO ...... Abronia alpina ...... Nyctaginaceae ..... Sand-verbena, Ramshaw U.S.A. (CA). Meadows. C* ...... 8 R4 ...... Arabis georgiana ...... ...... Rockcress, Georgia ...... U.S.A. (AL, GA). C* ...... 11 R4 ...... Argythamnia blodgettii ..... Euphorbiaceae .... Silverbush, Blodgett’s ...... U.S.A. (FL). C* ...... 3 R1 ...... Artemisia campestris var. Asteraceae ...... Wormwood, northern ...... U.S.A. (OR, WA). wormskioldii. C* ...... 2 R1 ...... Astelia waialealae ...... Liliaceae ...... Pa1iniu ...... U.S.A. (HI). C* ...... 11 R6 ...... Astragalus tortipes ...... Fabaceae ...... Milk-vetch, Sleeping Ute .. U.S.A. (CO). C* ...... 2 R1 ...... Bidens amplectens ...... Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). C* ...... 3 R1 ...... Bidens campylotheca Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). pentamera. C* ...... 6 R1 ...... Bidens campylotheca Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). waihoiensis. C* ...... 8 R1 ...... Bidens conjuncta ...... Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). C* ...... 3 R1 ...... Bidens micrantha Asteraceae ...... Ko1oko1olau ...... U.S.A. (HI). ctenophylla. C* ...... 8 R4 ...... Brickellia mosieri ...... Asteraceae ...... Brickell-bush, Florida ...... U.S.A. (FL). C* ...... 2 R1 ...... Calamagrostis expansa ... Poaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Calamagrostis hillebrandii Poaceae ...... No common name ...... U.S.A. (HI). C* ...... 5 R4 ...... Calliandra locoensis ...... Mimosaceae ...... No common name ...... U.S.A. (PR). C* ...... 5 CNO ...... Calochortus persistens .... Liliaceae ...... Mariposa lily, Siskiyou ..... U.S.A. (CA, OR). C* ...... 5 R4 ...... Calyptranthes estremerae Myrtaceae ...... No common name ...... U.S.A. (PR). C* ...... 2 R1 ...... Canavalia napaliensis ...... Fabaceae ...... 1Awikiwiki ...... U.S.A. (HI). C* ...... 2 R1 ...... Canavalia pubescens ...... Fabaceae ...... 1Awikiwiki ...... U.S.A. (HI). C* ...... 8 R1 ...... Castilleja christii ...... Scrophulariaceae Paintbrush, Christ’s ...... U.S.A. (ID). C* ...... 6 R4 ...... Chamaecrista lineata var. Fabaceae ...... Pea, Big Pine partridge .... U.S.A. (FL). keyensis. C* ...... 12 R4 ...... Chamaesyce deltoidea Euphorbiaceae .... Sandmat, pineland ...... U.S.A. (FL). pinetorum. C* ...... 6 R4 ...... Chamaesyce deltoidea Euphorbiaceae .... Spurge, wedge ...... U.S.A. (FL). serpyllum. C* ...... 2 R1 ...... Chamaesyce eleanoriae .. Euphorbiaceae .... 1Akoko ...... U.S.A. (HI). C* ...... 3 R1 ...... Chamaesyce remyi var. Euphorbiaceae .... 1Akoko ...... U.S.A. (HI). kauaiensis. C* ...... 3 R1 ...... Chamaesyce remyi var. Euphorbiaceae .... 1Akoko ...... U.S.A. (HI). remyi. C* ...... 2 R1 ...... Charpentiera densiflora .... Amaranthaceae ... Papala ...... U.S.A. (HI). C* ...... 6 CNO ...... Chorizanthe parryi var. Polygonaceae ...... Spineflower, San Fer- U.S.A. (CA). fernandina. nando Valley. C* ...... 2 R4 ...... Chromolaena frustrata ..... Asteraceae ...... Thoroughwort, Cape U.S.A. (FL). Sable. C* ...... 2 R4 ...... Consolea corallicola ...... Cactaceae ...... Cactus, Florida sema- U.S.A. (FL). phore. C* ...... 2 R4 ...... Cordia rupicola ...... Boraginaceae ...... No common name ...... U.S.A. (PR), Anegada. C* ...... 2 R1 ...... Cyanea asplenifolia ...... Campanulaceae .. Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea calycina ...... Campanulaceae .. Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea eleeleensis ...... Campanulaceae .. Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea kuhihewa ...... Campanulaceae .. Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea kunthiana ...... Campanulaceae .. Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea lanceolata ...... Campanulaceae .. Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea obtusa ...... Campanulaceae .. Haha ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyanea tritomantha ...... Campanulaceae .. Aku ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra filipes ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra kaulantha ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra oenobarba ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra oxybapha ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 2 R1 ...... Cyrtandra sessilis ...... Gesneriaceae ...... Ha1iwale ...... U.S.A. (HI). C* ...... 9 R4 ...... Dalea carthagenensis Fabaceae ...... Prairie-clover, Florida ...... U.S.A. (FL). floridana. C* ...... 5 R5 ...... Dichanthelium hirstii ...... Poaceae ...... Panic grass, Hirsts’ ...... U.S.A. (DE, GA, NC, NJ). C* ...... 5 R4 ...... Digitaria pauciflora ...... Poaceae ...... Crabgrass, Florida pine- U.S.A. (FL). land. C* ...... 3 R1 ...... Dubautia imbricata Asteraceae ...... Na1ena1e ...... U.S.A. (HI). imbricata. C* ...... 3 R1 ...... Dubautia plantaginea Asteraceae ...... Na1ena1e ...... U.S.A. (HI). magnifolia. C* ...... 2 R1 ...... Dubautia waialealae ...... Asteraceae ...... Na1ena1e ...... U.S.A. (HI).

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53832 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historic range Category Priority region

C* ...... 6 R2 ...... Echinomastus Cactaceae ...... Cactus, Acuna ...... U.S.A. (AZ), Mexico. erectocentrus var. acunensis. C* ...... 8 R2 ...... Erigeron lemmonii ...... Asteraceae ...... Fleabane, Lemmon ...... U.S.A. (AZ). C* ...... 11 R1 ...... Erigeron basalticus ...... Asteraceae ...... Daisy, basalt ...... U.S.A. (WA). C* ...... 2 R1 ...... Eriogonum codium ...... Polygonaceae ...... Buckwheat, Umtanum U.S.A. (WA). Desert. C ...... 2 CNO ...... Eriogonum diatomaceum Polygonaceae ...... Buckwheat, Churchill Nar- U.S.A (NV). rows. C* ...... 5 CNO ...... Eriogonum kelloggii ...... Polygonaceae ...... Buckwheat, Red Mountain U.S.A. (CA). C* ...... 2 R1 ...... Festuca hawaiiensis ...... Poaceae ...... No common name ...... U.S.A. (HI). C* ...... 11 R2 ...... Festuca ligulata ...... Poaceae ...... Guadalupe fescue ...... U.S.A. (TX), Mexico. C* ...... 2 R1 ...... Gardenia remyi ...... Rubiaceae ...... Nanu ...... U.S.A. (HI). C* ...... 5 R1 ...... Geranium hanaense ...... Geraniaceae ...... Nohoanu ...... U.S.A. (HI). C* ...... 8 R1 ...... Geranium hillebrandii ...... Geraniaceae ...... Nohoanu ...... U.S.A. (HI). C* ...... 5 R1 ...... Geranium kauaiense ...... Geraniaceae ...... Nohoanu ...... U.S.A. (HI). C* ...... 5 R4 ...... Gonocalyx concolor ...... Ericaceae ...... No common name ...... U.S.A. (PR). C ...... 5 R4 ...... Harrisia aboriginum ...... Cactaceae ...... Pricklyapple, aboriginal U.S.A. (FL) (shell mound applecactus). C* ...... 5 CNO ...... Hazardia orcuttii ...... Asteraceae ...... Orcutt’s hazardia ...... U.S.A. (CA), Mexico. C* ...... 2 R1 ...... Hedyotis fluviatilis ...... Rubiaceae ...... Kampua1a ...... U.S.A. (HI). C* ...... 11 R4 ...... Helianthus verticillatus ..... Asteraceae ...... Sunflower, whorled ...... U.S.A. (AL, GA, TN). C* ...... 5 R2 ...... Hibiscus dasycalyx ...... Malvaceae ...... Rose-mallow, Neches U.S.A. (TX). River. C* ...... 9 R4 ...... Indigofera mucronata Fabaceae ...... Indigo, Florida ...... U.S.A. (FL). keyensis. C ...... 2 R6 ...... Ipomopsis polyantha ...... Polemoniaceae .... Skyrocket, Pagosa ...... U.S.A. (CO). C* ...... 5 CNO ...... Ivesia webberi ...... Rosaceae ...... Ivesia, Webber ...... U.S.A. (CA, NV). C* ...... 3 R1 ...... Joinvillea ascendens Joinvilleaceae ...... 1Ohe ...... U.S.A. (HI). ascendens. C* ...... 2 R1 ...... Keysseria (=Lagenifera) Asteraceae ...... No common name ...... U.S.A. (HI). erici. C* ...... 2 R1 ...... Keysseria (=Lagenifera) Asteraceae ...... No common name ...... U.S.A. (HI). helenae. C* ...... 2 R1 ...... Korthalsella degeneri ...... Viscaceae ...... Hulumoa ...... U.S.A. (HI). C* ...... 2 R1 ...... Labordia helleri ...... Loganiaceae ...... Kamakahala ...... U.S.A. (HI). C* ...... 2 R1 ...... Labordia pumila ...... Loganiaceae ...... Kamakahala ...... U.S.A. (HI). C* ...... 5 R4 ...... Leavenworthia crassa ...... Brassicaceae ...... Gladecress, unnamed ...... U.S.A. (AL). C* ...... 2 R2 ...... Leavenworthia texana ...... Brassicaceae ...... Gladecress, Texas golden U.S.A. (TX). C* ...... 5 R4 ...... Lesquerella globosa ...... Brassicaceae ...... Bladderpod, Short’s ...... U.S.A. (IN, KY, TN). C* ...... 2 R4 ...... Linum arenicola ...... Linaceae ...... Flax, sand ...... U.S.A. (FL). C* ...... 3 R4 ...... Linum carteri var. carteri .. Linaceae ...... Flax, Carter’s small-flow- U.S.A. (FL). ered. C* ...... 2 R1 ...... Lysimachia daphnoides ... Primulaceae ...... Lehua makanoe ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope christophersenii Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope degeneri ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope hiiakae ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope makahae ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope paniculata ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Melicope puberula ...... Rutaceae ...... Alani ...... U.S.A. (HI). C* ...... 2 R1 ...... Myrsine fosbergii ...... Myrsinaceae ...... Kolea ...... U.S.A. (HI). C* ...... 2 R1 ...... Myrsine mezii ...... Myrsinaceae ...... Kolea ...... U.S.A. (HI). C* ...... 2 R1 ...... Myrsine vaccinioides ...... Myrsinaceae ...... Kolea ...... U.S.A. (HI). C* ...... 8 R5 ...... Narthecium americanum .. Liliaceae ...... Asphodel, bog ...... U.S.A. (DE, NC, NJ, NY, SC). C* ...... 2 R1 ...... Nothocestrum latifolium ... Solanaceae ...... 1Aiea ...... U.S.A. (HI). C* ...... 2 R1 ...... Ochrosia haleakalae ...... Apocynaceae ...... Holei ...... U.S.A. (HI). C* ...... 3 R2 ...... Pediocactus peeblesianus Cactaceae ...... Cactus, Fickeisen plains .. U.S.A. (AZ). fickeiseniae. C* ...... 2 R6 ...... Penstemon debilis ...... Scrophulariaceae Beardtongue, Parachute .. U.S.A. (CO). PT ...... 2 R6 ...... Penstemon grahamii ...... Scrophulariaceae Beardtongue, Graham ..... U.S.A. (CO, UT). C* ...... 6 R6 ...... Penstemon scariosus var. Scrophulariaceae Beardtongue, White River U.S.A. (CO, UT). albifluvis. C* ...... 2 R1 ...... Peperomia subpetiolata ... Piperaceae ...... 1Ala 1ala wai nui ...... U.S.A. (HI). C ...... 2 CNO ...... Phacelia stellaris ...... Hydrophyllaceae .. Brand’s phacelia ...... U.S.A. (CA), Mexico. C* ...... 8 R6 ...... Phacelia submutica ...... Hydrophyllaceae .. Phacelia, DeBeque ...... U.S.A. (CO). C* ...... 2 R1 ...... Phyllostegia bracteata ...... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Phyllostegia floribunda ..... Lamiaceae ...... No common name ...... U.S.A. (HI).

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53833

TABLE 1.—CANDIDATE NOTICE OF REVIEW (ANIMALS AND PLANTS)—Continued [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historic range Category Priority region

C* ...... 2 R1 ...... Phyllostegia hispida ...... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 5 R1 ...... Physaria (=Lesquerella) Brassicaceae ...... Bladderpod, White Bluffs U.S.A. (WA). tuplashensis. C* ...... 2 R1 ...... Pittosporum napaliense ... Pittosporaceae .... Ho1awa ...... U.S.A. (HI). C* ...... 5 R4 ...... Platanthera integrilabia .... Orchidaceae ...... Orchid, white fringeless ... U.S.A. (AL, GA, KY, MS, NC, SC, TN, VA). C* ...... 3 R1 ...... Platydesma cornuta var. Rutaceae ...... No common name ...... U.S.A. (HI). cornuta. C* ...... 3 R1 ...... Platydesma cornuta var. Rutaceae ...... No common name ...... U.S.A. (HI). decurrens. C* ...... 2 R1 ...... Platydesma remyi ...... Rutaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Platydesma rostrata ...... Rutaceae ...... Pilo kea lau li1i ...... U.S.A. (HI). C ...... 2 R1 ...... Pleomele fernaldii ...... Agavaceae ...... Hala pepe ...... U.S.A. (HI). C* ...... 2 R1 ...... Pleomele forbesii ...... Agavaceae ...... Hala pepe ...... U.S.A. (HI). C* ...... 11 CNO ...... Potentilla basaltica ...... Rosaceae ...... Cinquefoil, Soldier Mead- U.S.A. (NV). ow. C* ...... 2 R1 ...... Pritchardia hardyi ...... Asteraceae ...... Lo1ulu ...... U.S.A. (HI). C* ...... 3 R1 ...... Pseudognaphalium Asteraceae ...... 1Ena1ena ...... U.S.A. (HI). (=Gnaphalium) sandwicensium var. molokaiense. C* ...... 2 R1 ...... Psychotria grandiflora ...... Rubiaceae ...... Kopiko ...... U.S.A. (HI). C* ...... 3 R1 ...... Psychotria hexandra ssp. Rubiaceae ...... Kopiko ...... U.S.A. (HI). oahuensis var. oahuensis. C* ...... 2 R1 ...... Psychotria hobdyi ...... Rubiaceae ...... Kopiko ...... U.S.A. (HI). C* ...... 2 R1 ...... Pteralyxia macrocarpa ..... Apocynaceae ...... Kaulu ...... U.S.A. (HI). C* ...... 2 R1 ...... Ranunculus hawaiensis ... Ranunculaceae ... Makou ...... U.S.A. (HI). C* ...... 2 R1 ...... Ranunculus mauiensis ..... Ranunculaceae ... Makou ...... U.S.A. (HI). C* ...... 8 CNO ...... Rorippa subumbellata ...... Brassicaceae ...... Cress, Tahoe yellow ...... U.S.A. (CA, NV). C* ...... 2 R1 ...... Schiedea attenuata ...... Caryophyllaceae .. No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Schiedea pubescens ...... Caryophyllaceae .. Ma1oli1oli ...... U.S.A. (HI). C* ...... 2 R1 ...... Schiedea salicaria ...... Caryophyllaceae .. No common name ...... U.S.A. (HI). C* ...... 5 CNO ...... Sedum eastwoodiae ...... Crassulaceae ...... Stonecrop, Red Mountain U.S.A. (CA). C* ...... 2 R1 ...... Sicyos macrophyllus ...... Cucurbitaceae ..... 1Anunu ...... U.S.A. (HI). C ...... 9 R4 ...... Sideroxylon reclinatum Sapotaceae ...... Bully, Everglades ...... U.S.A. (FL). ssp. austrofloridense. C* ...... 2 R1 ...... Solanum nelsonii ...... Solanaceae ...... Popolo ...... U.S.A. (HI). C ...... 8 R4 ...... Solidago plumosa ...... Asteraceae ...... Goldenrod, Yadkin River .. U.S.A. (NC). C* ...... 2 R1 ...... Stenogyne cranwelliae ..... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Stenogyne kealiae ...... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 5 R4 ...... Symphyotrichum Asteraceae ...... Aster, Georgia ...... U.S.A. (AL, FL, GA, NC, georgianum. SC). C* ...... 2 R1 ...... Zanthoxylum oahuense .... Rutaceae ...... A1e ...... U.S.A. (HI).

FERNS AND ALLIES

C* ...... 11 R1 ...... Botrychium lineare ...... Ophioglossaceae Moonwort, slender ...... U.S.A. (CA, CO, ID, MT, OR, WA), Canada (AB, BC, NB, QC). C* ...... 2 R1 ...... Christella boydiae (= Thelypteridaceae No common name ...... U.S.A. (HI). Cyclosorus boydiae var. boydiae + Cyclosorus boydiae kipahuluensis). C* ...... 2 R1 ...... Doryopteris takeuchii ...... Pteridaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 R1 ...... Huperzia Lycopodiaceae .... Wawae1iole ...... U.S.A. (HI). (=Phlegmariurus) stemmermanniae. C* ...... 3 R1 ...... Microlepia strigosa var. Dennstaedtiaceae Palapali ...... U.S.A. (HI). mauiensis (=Microlepia mauiensis).

VerDate Aug<31>2005 16:24 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS 53834 Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules

TABLE 2.—ANIMALS AND PLANTS FORMERLY CANDIDATES OR FORMERLY PROPOSED FOR LISTING [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historical range Code Expl. region

MAMMALS

T ...... L ...... R7 ...... Enhydra lutris kenyoni ...... Mustelidae ... Otter, Northern Sea (south- U.S.A. (AK, WA). west Alaska DPS).

BIRDS

Rc ...... A ...... R6 ...... Centrocercus minimus ...... Phasianidae Sage-grouse, Gunnison ..... U.S.A. (AZ, CO, KS, OK, NM, UT). Rc ...... A ...... R1 ...... Ptilinopus perousii perousii Columbidae .. Fruit-dove, many-colored ... U.S.A. (AS), Independent Samoa.

REPTILES

Rc ...... A ...... R2 ...... Graptemys caglei ...... Emydidae ..... Turtle, Cagle’s map ...... U.S.A. (TX).

AMPHIBIANS

Rc ...... N ...... R6 ...... Bufo boreas boreas ...... Bufonidae ..... Toad, boreal (Southern U.S.A. (AK, CA, CO, ID, Rocky Mountains DPS). MT, NM, OR, UT, WA, WY), Canada (BC).

FISHES

E ...... L ...... R2 ...... Gila intermedia ...... Cyprinidae .... Chub, Gila ...... U.S.A. (AZ, NM), Mexico.

SNAILS

E ...... L ...... R2 ...... Tryonia kosteri ...... Hydrobiidae .. Snail, Koster’s tryonia ...... U.S.A. (NM). E ...... L ...... R2 ...... Assiminea pecos ...... Assimineidae Snail, Pecos assiminea ..... U.S.A. (NM, TX), Mexico. E ...... L ...... R2 ...... Pyrgulopsis roswellensis .... Hydrobiidae .. Springsnail, Roswell ...... U.S.A. (NM).

INSECTS

Rc ...... U ...... R4 ...... Pseudanophthalmus Carabidae .... Cave beetle, greater U.S.A. (KY). pholete. Adams. Rc ...... U ...... R4 ...... Pseudanophthalmus Carabidae .... Cave beetle, lesser Adams U.S.A. (KY). cataryctos. Rc ...... I ...... R1 ...... Phaeogramma sp...... ... Gall fly, Po‘olanui ...... U.S.A. (HI). E ...... L ...... R1 ...... Drosophila aglaia ...... Drosophilidae fly, Picture ...... U.S.A. (HI). wing [unnamed] E ...... L ...... R1 ...... Drosophila differens ...... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila hemipeza ...... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila heteroneura ..... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila montgomeryi .... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). T ...... L ...... R1 ...... Drosophila mulli ...... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila musaphila ...... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila neoclavisetae ... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila obatai ...... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila ochrobasis ...... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila substenoptera .. Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R1 ...... Drosophila tarphytrichia ..... Drosophilidae fly, Picture wing [unnamed] U.S.A. (HI). E ...... L ...... R6 ...... Cicindela nevadica Cicindelidae Tiger beetle, Salt Creek ..... U.S.A. (NE). lincolniana.

CRUSTACEANS

E ...... L ...... R2 ...... Gammarus desperatus ...... Gammaridae Amphipod, Noel’s ...... U.S.A. (NM). Rc ...... I ...... R1 ...... Antecaridina lauensis ...... Atyidae ...... Shrimp, anchialine pool ..... U.S.A. (HI), Mozambique, Saudi Arabia, Japan. Rc ...... I ...... R1 ...... Calliasmata pholidota ...... Alpheidae ..... Shrimp, anchialine pool ..... U.S.A. (HI), Funafuti Atoll, Saudi Arabia, Sinai Pe- ninsula, Tuvalu.

FLOWERING PLANTS

Rc ...... A ...... R6 ...... Aliciella cespitosa ...... Polemoniace- Alice-flower, wonderland .... U.S.A. (UT). ae. Rc ...... A ...... R6 ...... Astragalus equisolensis ..... Fabaceae ..... Milk-vetch, horseshoe ...... U.S.A. (UT).

VerDate Aug<31>2005 17:59 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Proposed Rules 53835

TABLE 2.—ANIMALS AND PLANTS FORMERLY CANDIDATES OR FORMERLY PROPOSED FOR LISTING—Continued [Note: See end of SUPPLEMENTARY INFORMATION for an explanation of symbols used in this table.]

Status Lead Scientific name Family Common name Historical range Code Expl. region

Rc ...... A ...... R6 ...... Castilleja aquariensis ...... Scrophularia- Paintbrush, Aquarius ...... U.S.A. (UT). ceae. Rc ...... I ...... R2 ...... Paronychia congesta ...... Caryophyllac- Whitlow-wort, bushy ...... U.S.A. (TX). eae. Rc ...... A ...... CNO ...... Sidalcea hickmanii parishii Malvaceae ... Checkerbloom, Parish’s ..... U.S.A. (CA).

[FR Doc. 06–7375 Filed 9–11–06; 8:45 am] BILLING CODE 4310–55–P

VerDate Aug<31>2005 17:59 Sep 11, 2006 Jkt 208001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM 12SEP2 sroberts on PROD1PC70 with PROPOSALS