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$4 million, the determination must now offerors to proceed to phase two. Any burden Government’s interest and is consistent have a higher level of approval for the caused by this rule is expected to be minimal with the purposes and objectives of the contracting officer to select more than and will not be any greater on small two-phase design-build selection five offerors. A potential offeror may be businesses than it is on large businesses. procedures. The contracting officer shall The rule does not duplicate, overlap, or more inclined to invest their pre-award conflict with any other Federal rules. No document this determination in the efforts on solicitations where they have alternative approaches were considered. It is contract file. For acquisitions greater an increased chance of award. not anticipated that the proposed rule will than $4 million, the determination shall have a significant economic impact on small be approved by the head of the III. Executive Orders 12866 and 13563 entities. contracting activity, delegable to a level Executive Orders (E.O.s) 12866 and The Regulatory Secretariat has no lower than the senior contracting 13563 direct agencies to assess all costs submitted a copy of the IRFA to the official within the contracting activity. and benefits of available regulatory Chief Counsel for Advocacy of the Small * * * * * alternatives and, if regulation is Business Administration. A copy of the [FR Doc. 2015–25613 Filed 10–7–15; 8:45 am] necessary, to select regulatory IRFA may be obtained from the BILLING CODE 6820–EP–P approaches that maximize net benefits Regulatory Secretariat. DoD, GSA, and (including potential economic, NASA invite comments from small environmental, public health and safety business concerns and other interested DEPARTMENT OF THE INTERIOR effects, distributive impacts, and parties on the expected impact of this equity). E.O. 13563 emphasizes the rule on small entities. Fish and Wildlife Service importance of quantifying both costs DoD, GSA, and NASA will also and benefits, of reducing costs, of consider comments from small entities 50 CFR Part 17 harmonizing rules, and of promoting concerning the existing regulations in flexibility. This is not a significant [Docket No. FWS–HQ–ES–2015–0143; subparts affected by the rule in 4500030113] regulatory action and, therefore, was not accordance with 5 U.S.C. 610. Interested subject to review under section 6(b) of parties must submit such comments Endangered and Threatened Wildlife E.O. 12866, Regulatory Planning and separately and should cite 5 U.S.C. 610 and Plants; 12-Month Findings on Review, dated September 30, 1993. This (FAR Case 2015–018), in Petitions To List 19 Species as rule is not a major rule under 5 U.S.C. correspondence. Endangered or Threatened Species 804. V. Paperwork Reduction Act AGENCY: Fish and Wildlife Service, IV. Regulatory Flexibility Act The rule does not contain any Interior. This change is not expected to have information collection requirements that ACTION: Notice of 12-month petition a significant economic impact on a require the approval of the Office of findings. substantial number of small entities Management and Budget under the within the meaning of the Regulatory Paperwork Reduction Act (44 U.S.C. SUMMARY: We, the U.S. Fish and Flexibility Act, 5 U.S.C. 601, et seq. chapter 35). Wildlife Service (Service, FWS, or Nevertheless, an Initial Regulatory USFWS), announce 12-month findings Flexibility Analysis (IRFA) has been List of Subject in 48 CFR Part 36 on petitions to list 19 species as prepared, and is summarized as follows: Government procurement. endangered species or threatened This rule implements section 814 of the species under the Endangered Species William Clark, Carl Levin and Howard P. ‘Buck’ McKeon Act of 1973, as amended (Act). After National Defense Authorization Act for Fiscal Director, Office of Government-wide review of the best available scientific Year 2015. Section 814 is entitled Acquisition Policy, Office of Acquisition and commercial information, we find Improvement in Defense Design-Build Policy, Office of Government-wide Policy. that listing the American eel, Construction Process. Section 814 requires Therefore, DoD, GSA, and NASA Cumberland arrow darter, the Great the head of the contracting activity, delegable propose amending 48 CFR part 36 as set to a level no lower than the senior Basin distinct population segment (DPS) contracting official, to approve any forth below: of the Columbia spotted frog, Goose determinations to select more than five Creek milkvetch, Nevares spring bug, offerors to submit phase-two proposals for a PART 36—CONSTRUCTION AND Page springsnail, Ramshaw meadows two-phase design build construction ARCHITECT-ENGINEER CONTRACTS sand-verbena, Sequatchie caddisfly, acquisition that is valued at greater than $4 ■ 1. The authority citation for 48 CFR Shawnee darter, Siskiyou mariposa lily, million. Sleeping ute milkvetch, Southern Idaho The number of design-build construction part 36 continues to read as follows: awards is not currently tracked by the ground squirrel, Tahoe yellow cress, Authority: 40 U.S.C. 121(c); 10 U.S.C. and six Tennessee cave beetles (Baker Federal government’s business systems. In chapter 137; and 51 U.S.C. 20113. Fiscal Year 2014, the Federal government Station, Coleman, Fowler’s, Indian awarded 3,666 construction awards to 2,239 ■ 2. Amend section 36.303–1 by Grave Point, inquirer, and Noblett’s cave unique small business vendors. It is revising paragraph (a)(4) to read as beetles) is not warranted at this time. unknown what percentage of these contracts follows: However, we ask the public to submit to involved design-build construction services. us any new information that becomes 36.303–1 Phase One. This rule does not impose new available concerning the threats to any recordkeeping or reporting requirements. The (a) * * * of the 19 species listed above or their new approval requirement for advancing (4) A statement of the maximum habitat at any time. more than five contractors to phase two of a number of offerors that will be selected two-phase design-build selection procedure to submit phase-two proposals. The DATES: The findings announced in this only affects the internal procedures of the maximum number specified in the document were made on October 8, Government. For acquisitions valued over 2015. $4M, the head of the contracting activity solicitation shall not exceed five unless (HCA) is required to now make a the contracting officer determines, for ADDRESSES: These findings are available determination that it is in the best interest of that particular solicitation, that a on the Internet at http:// the Government to select more than five number greater than five is in the www.regulations.gov at Docket Number

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FWS–HQ–ES–2015–0143. Supporting appropriate person as specified under appropriate person, as specified under information used in preparing these FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT. findings is available for public Please submit any new information, FOR FURTHER INFORMATION CONTACT: inspection, by appointment, during materials, comments, or questions normal business hours by contacting the concerning these findings to the

Species Contact information

American eel ...... Northeast Regional Office, Endangered Species Program, 413–253– 8615. Cumberland arrow darter ...... Kentucky Ecological Services Field Office, 502–695–0468. Great Basin DPS of the Columbia spotted frog ...... Nevada Fish and Wildlife Office, 775–861–6300. Goose Creek milkvetch ...... Utah Ecological Services Field Office, 801–975–3330. Nevares spring naucorid bug ...... Carlsbad Fish and Wildlife Office, 760–431–9440. Page springsnail ...... Arizona Ecological Services Field Office, 602–242–0210. Ramshaw meadows sand-verbena ...... Sacramento Fish and Wildlife Office, 916–414–6700. Sequatchie caddisfly ...... Tennessee Ecological Services Field Office, 931–528–6481. Shawnee darter ...... Kentucky Ecological Services Field Office, 502–695–0468. Siskiyou mariposa lily ...... Yreka Fish and Wildlife Office, 530–842–5763. Sleeping ute milkvetch ...... Western Colorado Ecological Services Field Office, 970–628–7184. Southern Idaho ground squirrel ...... Idaho Fish and Wildlife Office, 208–378–5265. Tahoe yellow cress ...... Nevada Fish and Wildlife Office, 775–861–6300. Tennessee cave beetles (Baker Station, Coleman, Fowler’s, Indian Tennessee Ecological Services Field Office, 931–528–6481. Grave Point, inquirer, and Noblett’s cave beetles).

If you use a telecommunications treat a petition for which the requested Siskiyou mariposa lily, Sleeping ute device for the deaf (TDD), please call the action is found to be warranted but milkvetch, Southern Idaho ground Federal Information Relay Service precluded as though resubmitted on the squirrel, Tahoe yellow cress, and six (FIRS) at 800–877–8339. date of such finding, that is, requiring a Tennessee cave beetles (Baker Station, SUPPLEMENTARY INFORMATION: subsequent finding to be made within Coleman, Fowler’s, Indian Grave Point, 12 months. We must publish these 12- inquirer, and Noblett’s cave beetles) are Background month findings in the Federal Register. threatened species or endangered Section 4(b)(3)(B) of the Act (16 species. More detailed information U.S.C. 1533) requires that, for any Summary of Information Pertaining to about these species is presented in the petition to revise the Federal Lists of the Five Factors species-specific assessment forms found Endangered and Threatened Wildlife Section 4 of the Act (16 U.S.C. 1533) on www.regulations.gov. In considering and Plants that contains substantial and the implementing regulations in what factors might constitute threats, we scientific or commercial information part 424 of title 50 of the Code of must look beyond the mere exposure of indicating that listing an animal or plant Federal Regulations (50 CFR part 424) the species to the factor to determine species may be warranted, we make a set forth procedures for adding species whether the species responds to the finding within 12 months of the date of to, removing species from, or factor in a way that causes actual receipt of the petition. In this finding, reclassifying species on the Federal impacts to the species. If there is we determine whether the petitioned Lists of Endangered and Threatened exposure to a factor, but no response, or actions regarding the American eel, Wildlife and Plants. Under section only a positive response, that factor is Cumberland arrow darter, the Great 4(a)(1) of the Act, a species may be not a threat. If there is exposure and the Basin distinct population segment (DPS) determined to be an endangered species species responds negatively, the factor of the Columbia spotted frog, Goose or a threatened species based on any of may be a threat. In that case, we Creek milkvetch, Nevares spring bug, the following five factors: determine if that factor rises to the level Page springsnail, Ramshaw meadows (A) The present or threatened of a threat, meaning that it may drive or sand-verbena, Sequatchie caddisfly, destruction, modification, or contribute to the risk of extinction of the Shawnee darter, Siskiyou mariposa lily, curtailment of its habitat or range; species such that the species warrants Sleeping ute milkvetch, Southern Idaho (B) Overutilization for commercial, listing as an endangered or threatened ground squirrel, Tahoe yellow cress, recreational, scientific, or educational species as those terms are defined by the and six Tennessee cave beetles (Baker purposes; Act. This does not necessarily require Station, Coleman, Fowler’s, Indian (C) Disease or predation; empirical proof of a threat. The Grave Point, inquirer, and Noblett’s cave (D) The inadequacy of existing combination of exposure and some beetles) are: (1) Not warranted, (2) regulatory mechanisms; or corroborating evidence of how the warranted, or (3) warranted, but the (E) Other natural or manmade factors species is likely affected could suffice. immediate proposal of a regulation affecting its continued existence. The mere identification of factors that implementing the petitioned action is We summarize below the information could affect a species negatively is not precluded by other pending proposals to on which we based our evaluation of the sufficient to compel a finding that determine whether species are five factors provided in section 4(a)(1) of listing is appropriate; we require endangered or threatened species, and the Act in determining whether the evidence that these factors are operative expeditious progress is being made to American eel, Cumberland arrow darter, threats that act on the species to the add or remove qualified species from the Great Basin DPS of the Columbia point that the species meets the the Federal Lists of Endangered and spotted frog, Goose Creek milkvetch, definition of an endangered species or a Threatened Wildlife and Plants Nevares spring bug, Page springsnail, threatened species under the Act. (warranted but precluded). Section Ramshaw meadows sand-verbena, In making our 12-month findings, we 4(b)(3)(C) of the Act requires that we Sequatchie caddisfly, Shawnee darter, considered and evaluated the best

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available scientific and commercial Summary of Status Review 36 States. The upstream extent of eel information. In making our 12-month finding on distribution in freshwater is limited by impassable dams and natural barriers. American Eel (Anguilla rostrata) the petition, we consider and evaluate the best available scientific and American eel are ubiquitous in many Previous Federal Actions commercial information. This continental aquatic habitats including evaluation includes information from all marine habitats, estuaries, lakes, ponds, For a complete petition history for the small streams, and large rivers to the American eel prior to September 2011, sources, including State, Federal, tribal, academic, and private entities and the headwaters. They may be locally see the Previous Federal Action section abundant to the extent that they of our September 29, 2011, 90-day public. However, because we have a robust history with the American eel sometimes constitute a large proportion substantial petition finding. Publication of the total fish biomass in many of the 90-day finding in the Federal and completed a thorough status review for the species in 2007, we are watersheds. Register (September 29, 2011; 76 FR The 2007 Status Review and the 2015 incorporating by reference the February 60431) opened a period to solicit new Report reviewed a number of stressors 7, 2007, 12-month finding (72 FR 4967) information that was not previously (natural or human induced negative available or was not considered at the and using its information as a baseline pressures affecting individuals or time of our previous 2007 status review for our 2015 status review and 12-month subpopulations of a species) on the and not-warranted 12-month finding petition finding. American eel, including the effects of A supporting document entitled, (February 2, 2007; 72 FR 4967), and climate change; parasites; habitat loss in American Eel Biological Species Report initiated a new status review. estuaries, lakes, and rivers; migratory (Report) provides a summary of the effects from hydroelectric projects; On December 23, 2011, the petitioner current (post 2007) literature and (Center for Environmental Science recreational and commercial harvests; information regarding the American and contaminants. Accuracy and Reliability (CESAR), eel’s distribution, habitat requirements, formerly known as the Council for In terms of climate change, North life-history, and stressors. The Report is Atlantic Ocean temperatures may Endangered Species Act Reliability) available as a Supplemental Document filed a Notice of Intent to sue the continue to rise as a result of climate at http://www.fws.gov/northeast/ change, but a great deal of uncertainty Service for failure to publish a finding newsroom/eels.html. We describe in the within 12 months of receiving the April remains regarding changes in physical Report or in our 12-month finding oceanographic processes and how, or to 30, 2010, petition. On August 7, 2012, document any substantive changes that CESAR filed a complaint with the U.S. what extent, those processes will affect we identified in the data used in the eel migration, aggregation for District Court for the District of February 7, 2007, 12-month finding or Columbia for the Service’s failure to reproduction, and ultimately in conclusions drawn from that data, abundance. The species report discusses meet the petition’s statutory timeline. based upon our review of the best On April 24, 2013, the Service entered in detail the complex subject of climate available scientific and commercial change and its foreseeable effects on the into a court-approved settlement information since 2007. agreement with CESAR stipulating that species. Based on our review of the best American eel are a facultative available scientific and commercial the Service would complete a status catadromous fish species, meaning they information, we conclude that climate review of American eel and deliver a 12- commonly use brackish estuaries or change, based on its reasonably month finding to the Federal Register near-shore marine habitats, in addition foreseeable effects, is not a threat to the on or before September 30, 2015 to the freshwater habitats. After mature American eel that puts it in danger of (Stipulated Settlement Agreement, eels spawn in the Sargasso Sea, the eggs extinction or likely to become so in the Center for Envt’l Science Accuracy and hatch into ‘‘leptocephali,’’ a larval stage foreseeable future, nor is it reasonably Reliability v. Salazar, et al. (D.D.C., Case that lasts for about 1 year. Leptocephali foreseeable that it would become such a No. 1:12–cv–01311–EGS), Doc. 18, filed are transported by ocean currents from threat in the future. April 24, 2013.). the Sargasso Sea to the Atlantic coast of As for parasites, despite the spread of To ensure the status review was based North America, the Caribbean, Gulf of Anguillicoloides crassus and increasing on the best scientific and commercial Mexico, Central America and northern mean infection rates over time, there is information available, the Service, in portions of South America. no direct evidence to support a November 2013 through January 2014, Leptocephali metamorphose into ‘‘glass conclusion that the parasite causes requested any new or updated American eels’’ while at sea and then actively significant American eel mortality. Nor eel information since the 2007 status swim across the continental shelf to is there direct evidence to support or review. The requests were sent to State coastal waters. Glass eels transform into refute the hypotheses that A. crassus and Federal agencies, Native American small pigmented juvenile eels, impairs the silvering process, prevents tribes, nongovernmental agencies, and commonly called ‘‘elvers,’’ after taking American eels from completing their other interested parties. In addition to up residence in marine, estuarine, or spawning migration to the Sargasso Sea, any new or updated information, the freshwater rearing habitats in coastal or impairs spawning. requests specifically sought information waters. As they grow, the larger juvenile With regard to habitat loss, American related to panmixia, glass eel eels are known as ‘‘yellow eels.’’ eel have been extirpated from some recruitment, climate change, American eels begin sexual portions of their historical range, mostly oceanographic conditions, and eel differentiation at a length of about 20 to as a result of large hydroelectric and abundance at fishways. See the lists of 25 centimeters (7.9 to 9.8 inches), well water storage dams built since the early references reviewed and cited for a list in advance of maturation as a ‘‘silver twentieth century. Although dams have of agencies, organizations, and parties eel.’’ Upon nearing sexual maturity, extirpated eels from some large rivers from which we received information; silver eels begin migration toward the and certain headwaters, the species these reference lists are available at Sargasso Sea, completing sexual remains widely distributed over the http://www.regulations.gov and at maturation en route. In the United majority of its historical range. We http://www.fws.gov/northeast/ States, the American eel is found in consider habitat loss from barriers to be newsroom/eels.html. fresh, estuarine, and marine waters in a historical effect, and any population-

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level effects likely have already been reporting requirements to ensure the recruited to North American rivers in realized. The extensive range of species’ conservation. large numbers. Elvers are also present in American eel provides multiple In addition, contaminants may affect large numbers well inland on some east freshwater and estuarine areas that early life stages of the American eel, but coast river systems—for example, more support the species’ life stages and thus without specific information, we remain than 820,000 eels passed through a new buffer the species as a whole from cautious in extrapolation of laboratory fishway at the Roanoke Rapids Dam, stressors affecting individuals or smaller studies to rangewide population-level located 137 miles inland on the populations in any one area. Currently, effects (e.g., there are no studies Roanoke River in 2013, the fourth year ocean habitats and the full range of showing reduced recruitment of glass of operation. American eels are plastic continental habitats (estuaries, lakes, eels in the wild, which would be an in their behavior and adaptability, and rivers) remain available and indicator of decreased outmigration, or inhabiting a wide range of freshwater, occupied by the American eel. Some decreased egg or leptocephali survival). estuarine, and marine habitats over an American eels complete their life cycle A correlation between the exceptionally broad geographic range. without ever entering freshwater. Highly contamination of the upper Saint Because of the species’ panmixia, areas fecund females continue to be present in Lawrence River/Lake Ontario watershed that have experienced depletion or extensive areas of freshwater (lacustrine and the timing of the 1980s decline of extirpation may experience a ‘‘rescue and riverine), estuarine, and marine American eel in the upper Saint effect’’ allowing for continued or habitats; males also continue to be Lawrence River/Lake Ontario watershed renewed occupation of available areas. present in these habitats. Recruitment of is not evident. Trends in abundance over recent glass eels continues to occur in these Lastly, there are no individual decades vary among locations and life habitats with no evidence of continuing stressors that rise to the level of a threat stages, showing decreases in some areas, reduction in glass eel recruitment. For to the American eel. Some stressors can and increases or no trends in other these reasons, we conclude that the have cumulative effects and result in areas. Limited records of glass eel available freshwater, estuarine, and increased mortality. For example, the recruitment do not show trends that marine habitats are sufficient to sustain Report discusses known cumulative and would signal recent declines in annual the American eel population. synergistic interactions of various reproductive success or the effect of contaminants and known cumulative With regard to migratory effects from new or increased stressors. Taken as a effects of increased predation and hydroelectric projects, hydroelectric whole, a clear trend cannot be detected mortality at or below dams that block dams are obstacles that may delay the in species-wide abundance during eel migration. While some individual downstream migration of silver eels that recent decades, and, while American eels may be exposed to mature in riverine habitats, and acknowledging that there have been increased levels of mortality as a result large declines in abundance from hydroelectric turbines can cause of these contaminant or predation mortality or injury (eels that mature and historical times, the species currently cumulative effects, we have no appears to be depleted but stable. While migrate from estuary or marine habitats indication that the species is, or will be, downstream are not affected by some eel habitat has been permanently significantly affected at a population lost and access to freshwater habitats is hydroelectric dams). The effects of level. Therefore, we conclude that there impaired by dams that lack upstream turbine injury, including delayed are no cumulative stressors that are a fish passage, access to freshwater habitat mortality and possible impaired threat to the American eel now, or that has improved, and continues to reproduction and increased predation will become a threat in the foreseeable improve, in other areas through new or risk, are poorly understood in the future. improved eel ladders and removal of American eel. The best scientific and The best available information barriers. Despite the loss of some commercial information available indicates that, American eel are a single freshwater habitat, the American eel indicates that mortality from panmictic population that lacks distinct population appears to be stable based on hydroelectric turbines can cause population structure, breeds in the young-of-the-year indices and estimates significant mortality to downstream- Sargasso Sea, and shares a single of spawner abundance. In addition, migrating silver eels. The installation of common gene pool. Panmixia is central since 2007, newer information indicates effective downstream passage measures to evaluating stressors to the American that some American eel complete their (i.e., bypasses or night spillage) through eel since, in order for any stressor to rise life cycle in estuarine and marine the Federal Energy Regulatory to the level of a threat (natural or waters. Commission relicensing process has human-induced pressure affecting a reduced, and continues to reduce this species as a whole), it must act upon a Finding mortality. large portion of the population at some Based on our review of the best In terms of recreational and life-history focal point, or the stressor available scientific and commercial commercial harvest, we continue to must be present throughout a large part information pertaining to the five acknowledge that sometimes large of the species’ range. And the stressor factors, we find that the stressors are not numbers of individual American eel are must elicit a response that results in of sufficient imminence, intensity, or recreationally or commercially significant mortality, impaired magnitude to indicate that the American harvested for food, bait, or aquaculture, reproduction, or juvenile recruitment eel is in danger of extinction (an but we conclude that harvest and trade failure. endangered species), or likely to become are not threats to the American eel. The Several lines of evidence indicate that an endangered species within the species is highly resilient, and remains the American eel population is not foreseeable future (a threatened species), a widely distributed fish species with a subject to threats that would imperil its throughout all of its range. relatively stable population despite the continued existence. Despite historical There are no threats currently levels of historical habitat loss and habitat losses and a population affecting the American eel throughout historical and current commercial and reduction over the past century, the species’ range. There are several recreational harvest. That harvest is American eels remain widely stressors that cause individual being managed and monitored via distributed throughout a large part of mortality, including recreational and existing harvest quotas, licenses, and their historical range. Glass eels are commercial harvest (Factor B),

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predation (Factor C), and hydroelectric other sites/streams where habitat endangered within the foreseeable turbines (Factor E), but none that affect conditions appeared to be suitable for future (a threatened species). The a portion of the species’ range more than the species. When first considered for Cumberland arrow darter’s status is another. In addition, there are no candidate status in early 2012, status bolstered by its large number of portions of the species’ range that are surveys were still ongoing, and the occupied streams (98) and its frequent considered significant given the species’ species had been observed in 72 of 123 occurrence in streams on public lands panmictic life-history. Therefore, we historical sites visited (58 percent) and and in streams with listed species (e.g., find that no portion of the American 60 of 101 historical streams visited (59 blackside dace). In support of this not- eel’s range warrants further percent). More comprehensive surveys warranted finding, we offer the consideration of possible endangered or in Tennessee in late 2012 and additional following specifics with regard to its threatened status under the Act, and we surveys in Kentucky in 2013–2014 status: find that listing the American eel as a expanded the species’ known range to • The species’ range (number of threatened or endangered species 98 streams, including 119 of 187 extant streams) is larger than first throughout all or a significant portion of historical sites visited (64 percent), 85 of believed. When first identified as a its range is not warranted at this time. 128 historical streams visited (66 candidate for listing in 2012, the percent), and 13 new (non-historical) Cumberland arrow darter was known Cumberland Arrow Darter (Etheostoma streams (USFWS 2012, pp. 1–2; USFWS from 72 of 123 historical sites visited sagitta) unpublished data). New distributional (58 percent) and 60 of 101 historical Previous Federal Actions records were obtained during each year streams visited (59 percent). More comprehensive surveys in Tennessee The Cumberland arrow darter was of sampling, primarily from the middle and western portions of the species’ and additional surveys in Kentucky first identified as a candidate for from 2012 through 2014 expanded the protection under the Act through our geographical range. Within Kentucky, the species was observed at 87 of 143 species’ known range to 98 streams, internal process in the Candidate Notice including 85 of 128 historical streams of Review published in the November sites (61 percent) and in 61 of 100 streams (61 percent). Within Tennessee, (66 percent) and 13 new streams. The 21, 2012, Federal Register (77 FR species’ relatively broad distribution 69994); the subspecies was identified at the species was observed at 32 of 44 sites (73 percent) and in 24 of 30 and high number of occupied streams the time as E. sagitta sagitta. Threats to increases its resiliency and redundancy. the subspecies identified at that time streams (80 percent). [Note that 2 of the • historical streams surveyed occur in The species has demonstrated were water pollution from surface coal greater persistence in streams with at mining and gas exploration activities; both Kentucky and Tennessee and are, therefore, included in each of the State least 1 listed species (62 streams) or in removal of riparian vegetation; stream streams located on public lands (45 totals provided in the previous channelization; increased siltation streams). When combined, these two sentences (i.e., 100 and 30, associated with poor mining, logging, groups total 75 streams, or 77 percent of respectively.] The species’ most and agricultural practices; and the species’ known habitats. significant declines were documented deforestation of watersheds. It was Historically, less habitat disturbance has within the Poor Fork, Clover Fork, assigned a listing priority number (LPN) occurred on public lands, and many of Straight Creek, Clear Creek, and Clear of 9. On November 22, 2013 (78 FR the species’ best remaining habitats are Fork drainages, all of which are located 70104), the LPN was changed to 8 due located in these areas. The Cumberland within the eastern half of the species’ to morphological and genetic analysis arrow darter also benefits indirectly geographical range. This portion of the resulting in the recognition of from listed species’ protections Cumberland arrow darter as a species upper Cumberland River drainage has provided by Federal and State statutes (E. sagitta) as opposed to a subspecies, less public ownership than the western and regulations, especially in Kentucky which it remained until evaluation for half of the drainage and has been where State water quality regulations listing this year. impacted more extensively by surface (401 Kentucky Administrative coal mining. Regulations 10:031, Section 8) provide Summary of Status Review Over the last 3 years, new field added protections for streams The following summary is based on surveys and monitoring efforts across supporting listed species (‘‘Outstanding information in our files. From 2010 to the Cumberland arrow darter’s range State Resource Waters’’). 2012, the Service and its partners have improved our understanding of the The species utilizes larger streams (Kentucky Department of Fish and species’ distribution and stressors. more frequently than previously Wildlife Resources (KDFWR), Kentucky Based on these findings, we have believed, bolstering the species’ State Nature Preserve Commission reexamined the species’ status and redundancy, resiliency, and (KSNPC), and Tennessee Wildlife reevaluated the magnitude and representation (capacity of a species to Resources Agency (TWRA)) completed a imminence of its stressors. We adapt to changing environmental range-wide status assessment for the acknowledge that the species has conditions). We have recent records Cumberland arrow darter (USFWS 2012, suffered declines in portions of its range (multiple individuals each) from pp. 1–2). We first generated a list of (e.g., it has been extirpated from 43 of Capuchin Creek, Elk Fork Creek, Jellico historical (pre-2000) records through 128 historical streams) and portions of Creek (at Criscillis Branch), Marsh Creek review of agency databases (KDFWR, the range continue to suffer some level (near mouth), and Roaring Paunch KSNPC, and TWRA), museum records of water quality degradation and habitat Creek, all of which are fourth-order (University of Tennessee), and disturbance. However, we have streams or larger and have watersheds published literature. From 2010 through determined that the species’ overall exceeding 65 square kilometers (25 2012, surveys were completed at 187 of status is more secure than previously square miles). This information suggests 202 historical sites and in 124 of 128 believed, and stressors acting on the the species utilizes more stream historical streams (sites corresponded to species are not of sufficient imminence, kilometers (miles) than previously individual sampling reaches and more intensity, or magnitude to indicate the believed because most survey efforts than one could be present on a given species is in danger of extinction (an have focused on smaller streams (third- stream). Surveys were also conducted at endangered species), or likely to become order and smaller). The species’

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presence in these habitats protects occupied by a listed species. Therefore, development, predation, disease, and against stochastic and catastrophic we do not consider the eastern half of the effects of climate change have also events (e.g., drying, floods, or pollution the species geographical range to been identified as potential threats to events) that can occur across the constitute a significant portion of the the species. Heavy use by livestock has species’ range. species’ range. Because this portion of been shown to be detrimental to Columbia spotted frog habitat in Finding the range is not significant, we conclude that the species is not in danger of localized areas. Livestock grazing and We evaluated the stressors to the extinction (an endangered species) nor development of springs for livestock Cumberland arrow darter and likely to become endangered within the and agricultural purposes occur or have considered factors that, individually foreseeable future (a threatened species), occurred throughout the Great Basin and in combination, presently or throughout all or a significant portion of and resulted in an unquantifiable loss of potentially could pose a risk to the its range. Therefore, we find that listing riparian and wetland habitats used by species and its habitat. Based on our the Cumberland arrow darter as an the species. However, springs developed analysis of these stressors and our endangered or threatened species under into ponds for the purposes of watering review of the species’ current status, we the Act is not warranted at this time. livestock have resulted in the creation conclude that listing this species under Therefore, we no longer consider it to be and maintenance of persistent, high the Act is not warranted, because this a candidate species for listing. quality breeding and rearing habitat for species is not in danger of extinction, the species in portions of the species and is not likely to become in danger of Great Basin DPS of the Columbia range.. Mining has been shown to have extinction throughout all of its within Spotted Frog (Rana luteiventris) localized impacts to populations but has the foreseeable future. We evaluated the Previous Federal Actions a relatively low influence on a current range of the Cumberland arrow rangewide basis. Historical trapping darter to determine if there is any On May 4, 1989, we received a nearly extirpated beaver from the Great apparent geographic concentration of petition dated May 1, 1989, from Peter Basin; however, beaver populations potential threats for this species. We Hoving, Chairman, Issues Committee, have rebounded and occupy the examined potential threats, and found requesting that the spotted frog be listed majority of its historical range but at that potential impacts (e.g., water as a threatened species under the Act. lower densities. Harvest of beaver quality degradation) associated with In 1993, we announced a finding on the continues throughout the Great Basin surface coal mining and other land uses petition where we found five but does not seem to be negatively (e.g., residential development) are populations of the spotted frog impacting the beaver population as a greater in the eastern half of the species’ warranted listing (58 FR 27260; May 7, whole within the Great Basin. However, geographical range (e.g., water quality 1993). On September 19, 1997, we there is little information on the impacts degradation is more common within announced our acceptance of species- of harvest at the local watershed level to this part of the range, and more specific genetic and geographic analyze impacts at this finer scale. The extirpations have occurred there). differences in spotted frogs and we ability of beavers to restore degraded To determine if this portion of the added the Great Basin distinct stream systems and the resulting habitat range was significant, we evaluated its population segment of the Columbia modification from their dams which contribution and importance to the spotted frog to the candidate list with a keeps water on the landscape longer is species’ overall viability. Even though listing priority number (LPN) of 3 (62 becoming recognized as an important the species has been extirpated from FR 49402). In the December 6, restoration technique (Gibson and multiple streams within the eastern half 2007,Candidate Notice of Review Olden 2014, pp. 399–401; Pollack et al. of the geographical range, we do not (CNOR) (72 FR 69039), we announced a 2014, pp. 284–286). consider this portion of the range to be change in LPN from 3 to 9 for this Nonnative fish and amphibian so important that, without the members entity. In subsequent annual CNOR predators occur within the range of in that portion, the species in the publications, we maintained our Columbia spotted frogs. The level of remainder of the range would be in determination of LPN of 9 for this impact from predation is variable across danger of extinction, or likely to become species. the species’ range, and depends on the so in the foreseeable future, throughout Summary of Status Review quality of habitat (availability of cover all of its range (i.e., the loss of this and shelter). These nonnative predators portion clearly would not be expected to The Columbia spotted frog (Great can also introduce and help spread increase the vulnerability to extinction Basin DPS) occurs in Nevada, diseases and pathogens. However, of the entire species). The species southwestern Idaho, and southeastern current population-level effects of both continues to occupy 98 streams across Oregon. The Columbia spotted frog is a predation and disease (pathogens and its entire range. A total of 75 of these slim-waisted, long-legged, smooth- parasites) have not been documented streams (77 percent) either support a skinned frog measuring between 2 to 4 within the Great Basin; therefore, we listed species (62 streams) or occur on inches. Dorsal colors and pattern conclude that predation and disease are publicly owned lands (45 streams) include light brown, dark brown, or not negatively affecting Columbia where disturbance is minimal (e.g., gray, with small spots. Ventral spotted frogs in the Great Basin at this Daniel Boone National Forest). The coloration can differ among geographic time nor do we expect them to in the eastern half of the species’ geographical population units and may range from near future. range continues to support multiple yellow to salmon with mottled throat Climate change has affected, and is viable populations; 17 occupied regions. expected to continue to affect, Great streams, 15 of which are in public Columbia spotted frogs in the Great Basin ecosystems; however, the impacts ownership or are occupied by a listed Basin have been affected primarily by to permanent water sources and to species. Given the hypothetical loss of the remaining effects of past habitat Columbia spotted frog populations are the geographical eastern portion of the destruction and modification, which not well documented. The available species range, the Cumberland arrow caused increased habitat fragmentation data does not indicate whether any darter would still occupy 81 streams, 60 and isolation. Livestock grazing, mining effects from climate change will have of which are in public ownership are activities, beaver management, water population-level effects within a

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reasonably foreseeable period of time. on the species and its habitat, either In a February 19, 2004, letter to the Based on this variability and singly or in combination, are not of petitioners, we responded that our uncertainty of the exact effects of sufficient imminence, intensity, or initial review of the petition for Goose climate change on the Columbia spotted magnitude to indicate that the Great Creek milkvetch determined that an frog Great Basin DPS within its range, Basin DPS of the Columbia spotted frog emergency listing was not warranted, we cannot reasonably determine that the is in danger of extinction (an and that due to court orders and effects of climate change are likely to endangered species), or likely to become judicially approved settlement have a population-level impact on the endangered within the foreseeable agreements for other listing actions, we species now or in the foreseeable future. future (a threatened species), throughout would not be able to further address the Many of the stressors discussed above all of its range. This finding is based on petition to list the species at that time. do not act alone. Multiple stressors can additional populations that have been On August 16, 2007, we published a alter the effects of other stressors or act found since the species was first notice of 90-day finding that the petition synergistically to affect individuals and identified as a candidate, the relatively presented substantial scientific or populations. For example, Kiesecker stable population and distribution of the commercial information indicating that and Blaustein (1995, pp. 11050–11051) species, and conservation management listing Goose Creek milkvetch may be describe how UV–B acts with a that is occurring throughout the species’ warranted, and we were initiating a pathogen to increase embryonic range for impacts to both the habitat and status review of the species (72 FR mortality above levels shown with the species. Because the distribution of 46023). A 60-day public comment either factor alone. Interactions between the species is relatively stable across its period followed. Our subsequent 12-month finding current land uses and changing climate range and stressors are similar or other environmental conditions may identified Goose Creek milkvetch as a throughout the species’ range, we found cause shifts in populations, species for which listing as an no concentration of stressors that communities, and ecosystems or may endangered species or threatened suggests that the Great Basin DPS of the increase an individual’s susceptibility to species was warranted but was Columbia spotted frog may be in danger infection, disease, or predation (Hansen precluded due to higher priority listing et al. 2001, p. 767; IPCC 2002, p. 22). of extinction in any portion of its range. decisions, and we assigned Goose Creek However, the best available scientific Therefore, we find that listing the Great milkvetch a listing priority number of 5 information does not indicate that Basin DPS of the Columbia spotted frog (74 FR 46521; September 10, 2009). multiple stressors acting in combination as a threatened or an endangered Following the finding, we completed or synergistically currently rising to the species or maintaining the species as a annual Candidate Notices of Review in level of being identified as a stressor to candidate is not warranted throughout 2010 (75 FR 69222; November 10, 2010), the Great Basin DPS of Columbia all or a significant portion of its range 2011 (76 FR 66370; October 6, 2011), spotted frogs and we therefore conclude at this time, and consequently we are 2012 (77 FR 69994; November 21, 2012), that they do not cumulatively pose a removing it from candidate status. 2013 (78 FR 70104; November 22, 2013), threat to the species at this time nor do Goose Creek Milkvetch (Astragalus and 2014 (79 FR 72449; December 5, we expect them to do so in the future. anserinus) 2014), all of which maintained the Conservation efforts are occurring in species as a candidate. We assigned the many areas across the range of the Previous Federal Actions listing priority number of 2 to the Columbia spotted frog. A 10-year species in 2012, and maintained that Conservation Agreement and Strategy On February 3, 2004, we received a listing priority through 2014. The has been implemented in Nevada since petition dated January 30, 2004, from change in the listing priority number 2003. Due to the success of the Red Willow Research, Inc., and 25 other was based upon information indicating Conservation Agreement and Strategy in concerned parties, including the Prairie that livestock use and invasive species managing and conserving Columbia Falcon Audubon Society Chapter Board, (cheatgrass) had increased following the spotted frogs in Nevada, a revised 10- Western Watersheds Project, Utah 2007 wildfires and that impacts to the year agreement (2015–2024) was signed Environmental Congress, Sawtooth species from these stressors were in February 2015. In 2006, a Candidate Group of the Sierra Club, and 21 private imminent. Conservation Agreement with citizens. The petitioners requested that As a result of the Service’s 2011 Assurances was developed for a we list Goose Creek milkvetch as a multidistrict litigation settlement with population in Idaho. An increase in threatened or an endangered species, petitioners, a proposed listing rule or a monitoring has improved our emergency list the species, and not-warranted 12-month finding is knowledge of the distribution of the designate critical habitat concurrently required by September 30, 2016 (In re: species, as well as improved knowledge with the listing (Red Willow Research Endangered Species Act Section 4 of demography in several populations. Inc, in litt. 2004). The petition contained Deadline Litigation, No. 10–377 (EGS), Improved grazing management in some information on the natural history of MDL Docket No. 2165 (D.D.C. May 10, locations has contributed to improved Goose Creek milkvetch, its population 2011)). This 12-month finding satisfies stream and riparian habitat in some status, and potential threats to the the requirements of that settlement areas. Creating ponded habitat has also species. Potential threats discussed in agreement for the Goose Creek improved numerous occupied sites the petition include the destruction and milkvetch. throughout the Great Basin, as well as modification of habitat, disease and Summary of Status Review in other parts of the species’ range. All predation, inadequacy of existing three States include Columbia spotted regulatory mechanisms, and other Goose Creek milkvetch is a narrow frog on their list of protected species. natural and manmade factors such as endemic plant in the Goose Creek exotic and noxious weed invasions and drainage in Idaho, Nevada, and Utah. Finding road construction and maintenance. The The current range of Goose Creek Based on our review of the best petition clearly identified itself as a milkvetch is essentially the same as the available scientific and commercial petition, and included the requisite historical range; however, we continue information pertaining to the five identification information as required in to identify a greater distribution of the factors, we find that the stressors acting 50 CFR 424.14(a). species across its range. Overall, Goose

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Creek milkvetch occurs in a scattered its historical range; (2) the species Nevares Spring Naucorid Bug distribution within five populations. occurs over 216 square miles (559 (Ambrysus Funebis) Plants are typically found on sparsely square kilometers), and currently has Previous Federal Actions vegetated outcrops of highly weathered adequate representation, resiliency, and On November 15, 1994, we added the volcanic-ash (tuffaceous) soils. The total redundancy throughout its range; (3) the Nevares Spring naucorid bug (Amargosa population size in 2014 is estimated to species appears resilient to the naucorid bug) to the candidate list as a be approximately 31,648 plants identified stressors based on our occupying approximately 2,117 acres category 2 species on the Candidate evaluation in the 2015 candidate Notice of Review (CNOR) (59 FR 59012). (857 hectares). assessment; (4) new monitoring In our 2009 12-month finding (74 FR Category 2 species were those species information after recent wildfires 46521; September 10, 2009), we for which listing as endangered or indicates that Goose Creek milkvetch identified the threats to Goose Creek threatened species was possibly milkvetch to be wildfire, wildfire was not significantly affected by appropriate, but for which biological management (firefighting and post- wildfire and wildfire management (post- information sufficient to support a wildfire emergency stabilization and wildfire emergency stabilization and proposed rule was lacking. However, restoration activities), invasive restoration activities) as previous the February 28, 1996, CNOR (61 FR nonnative plant species (cheatgrass, information indicated; and (5) expanded 7596) discontinued recognition of leafy spurge, crested wheatgrass), commitments in the 2015 BLM/FWS category 1 and 2 species, so the Nevares livestock use, development, recreation, conservation agreement to survey for Spring naucorid bug was no longer mining, the inadequacy of regulatory and annually treat leafy spurge within considered a candidate species after that mechanisms, and small population size. Goose Creek milkvetch habitat on BLM date. On May 4, 2004 (69 FR 24880), we In our current candidate assessment, we lands will be effective in controlling the added the species to the candidate list evaluated available information, and future spread of this noxious weed, and with a listing priority number (LPN) of concluded that the species is resilient to will protect approximately 86 percent of 5. In our November 21, 2012, CNOR (77 these stressors and that current impacts the total known population and 93 FR 69998), we changed the LPN from 5 to the species are not as strong as percent of the total known habitat of to 2. In subsequent annual CNOR previously believed. Goose Creek milkvetch. publications, we maintained our In 2015 we identified leafy spurge as determination of LPN of 2 for this a future threat to Goose Creek Finding species. milkvetch, based upon its anticipated Based on our review of the best Summary of Status Review future spread and expansion within the species’ range containing 64 percent of available scientific and commercial The Nevares Spring naucorid bug is the total population. Leafy spurge has information pertaining to the five an aquatic invertebrate found only the ability to increase in density rapidly factors, we find that the current within the Furnace Creek Springs and displace Goose Creek milkvetch, stressors acting on the species and its (Nevares, Texas, and Travertine Springs) which may lead to local extirpation of habitat are not of sufficient imminence, of Death Valley National Park, the species in infested areas that are not intensity, or magnitude to indicate that California, managed by the National detected and controlled at early stages the Goose Creek milkvetch is warranted Park Service (NPS). Based on both of leafy spurge invasion. As a result, our for listing at this time. However, we did historical and recent surveys, this initial finding was that Goose Creek find the potential future threat from narrow endemic species is considered milkvetch warranted listing as a result leafy spurge is of such a magnitude that locally abundant where found, but of the future threat of leafy spurge. listing Goose Creek milkvetch may be otherwise uncommon in aquatic However, the Bureau of Land warranted. We evaluated the actions habitats within the Travertine and Management (BLM) and the U.S. Fish outlined in the 2015 conservation Nevares Spring complexes and in areas and Wildlife Service finalized a agreement with the BLM under PECE, of the Furnace Creek Wash. The Furnace conservation agreement for the long- and we found sufficient certainty of Creek Springs have been used as a water term conservation of Goose Creek implementation and effectiveness of the source (potable and non-potable water) milkvetch in early 2015 that identifies actions such that the potential future since the 1800s, and the primary threat conservation measures to address the threat of the habitat impacts due to the to the Nevares Spring naucorid bug at spread and control of leafy spurge in spread of leafy spurge will largely be the time it was placed on the candidate Goose Creek milkvetch habitat. Through ameliorated. Therefore, based on the list (2004) was loss of habitat due to our Policy for Evaluation of best available information, we find that diversion of water. Conservation Efforts When Making Since then, the NPS has rebuilt the listing Goose Creek milkvetch is not Furnace Creek water collection system Listing Decisions (PECE) (68 FR 15100; warranted throughout its range. Because March 28, 2003) analysis, we evaluated and has implemented restoration the distribution of the species is the actions in the conservation actions within the range of the species. relatively stable across its range and agreement and concluded that there is The combined post-pumping flow for sufficient certainty that the actions will stressors are similar throughout the affected springs is approximately 80 be implemented and effective such that species’ range, we found no percent of the estimated pre-pumping leafy spurge will not become a future concentration of stressors that suggests flow. While this activity represents a threat to Goose Creek milkvetch. that the Goose Creek milkvetch may be negative factor within one of four of the As a result of new information and in danger of extinction in any portion of Travertine Springs springbrooks, we analysis, the originally identified threats its range. Therefore, we find that listing have determined that this stressor is not in our previous 12-month finding are no the Goose Creek milkvetch as a of significant magnitude to affect the longer considered current or foreseeable threatened or an endangered species is conservation status of the species. Flows threats for the following reasons: (1) The not warranted throughout all or a from Nevares Springs (occupied by the population is stable, the species is significant portion of its range at this bug) and Texas Spring (unknown persisting at all monitored sites despite time, and consequently we are removing occupation) have not been affected by disturbance events, and it is occupying it from candidate status. the groundwater pumping and are not

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part of the Furnace Creek water range, we found no concentration of Summary of Status Review collection system. The NPS has also stressors that suggests that the Nevares The Page springsnail is a small eliminated water diversions and Spring naucorid bug may be in danger aquatic snail endemic to 10 populations implemented aquatic habitat restoration of extinction in any portion of its range, in a complex of springs along Oak Creek at Travertine Spring 2, including or likely to become so in the foreseeable and Spring Creek in Yavapai County, restoration of its previously dry future. Therefore, we find that listing central Arizona. Like other members of downstream springbrook. The results the Nevares Spring naucorid bug as a the family Hydrobiidae, Page have augmented local groundwater, threatened species or an endangered springsnails are strictly aquatic and which has reemerged in aquatic habitat species or maintaining the species as a often occur in abundance within in portions of the spring area and candidate throughout all or a significant suitable spring habitats. The Page downstream areas, including Furnace portion of its range is not warranted at springsnail occurs in springs, seeps, Creek Wash (occupied by the bug). marshes, cienegas, spring brooks, spring Similar beneficial restoration actions are this time, and consequently we are pools, outflows, and diverse lotic planned for other areas. While we removing it from candidate status. (flowing) waters, supported by water believe that these future habitat Page Springsnail (Pyrgulopsis discharged from a regional aquifer. Eight restoration efforts could enhance the morrisoni) of the 10 known populations occur on conservation status of the species by land managed by Arizona Game and providing suitable habitat, these future Previous Federal Actions Fish Department (AGFD) as a fish actions are not factored into our hatchery. determination. The Service first identified the Page We also evaluated potential threats springsnail as a category 2 candidate The Page springsnail became a related to nonnative or invasive plants, species on January 6, 1989 (54 FR 554). candidate species primarily due to predation, fire, and the effects of climate Category 2 candidates were defined as habitat modifications at the springhead change. The impact to the species’ species for which we had information and spring run that resulted in changes habitat from nonnative or invasive that proposed listing was possibly to the habitat factors listed above, plants is minor in scope and is currently appropriate, but conclusive data on resulting in the extirpation of two being managed by the NPS. Predation is biological vulnerability and threats were populations. Subsequently, AGFD not currently a threat to the species and not available to support a proposed rule implemented a Candidate Conservation Agreement with Assurances that is not expected to be a threat in the near at the time. In the February 28, 1996, includes conservation measures that future. Fire has been a rare event within Candidate Notice of Review (CNOR) (61 have resulted in the majority of Page the Furnace Creek Springs area, and it FR 7596), we discontinued the is not expected to be a threat in the near springsnail populations being secure designation of Category 2 species as from spring modification, aquatic future due to specific management candidates. Page springsnail became a actions being implemented by the NPS vegetation removal, and water candidate species (formerly known as contamination in the future. These as required by the Death Valley National Category 1 candidate) on February 28, Park General Management Plan. Based management actions include 1996, with a listing priority number of coordinating with the Service and on computer model projections (Fisk 2 (61 FR 7596). The Page springsnail 2011, pp. 141–144), potential impacts to considering the needs of the Page remained on the candidate list thereafter the species from the effects of climate springsnail when conducting aquatic with no change in listing priority change (i.e., changes to groundwater vegetation control, management of head and spring discharge for the number. On April 12, 2002, we received nonnative fishes, chemical use, and Furnace Creek Springs) also are unlikely a petition dated April 11, 2002, from the addition of material into springs. AGFD to be significant well into the 21st Center for Biological Diversity, has also restored much of the spring Century. requesting emergency listing and habitat on their lands; restoration designation of critical habitat for the activities include modifying springs, Finding Page springsnail. We acknowledged adding substrate preferred by Based on our review of the best receipt of the petition in a letter dated springsnails, and eradicating nonnative available scientific and commercial August 8, 2002. In that letter we stated species. information pertaining to the five the Service’s policy to treat petitions on The Page springsnail needs multiple factors, we find that the stressors acting candidate species as second petitions, resilient populations distributed across on the species and its habitat are not of and that we consider all candidates as its range to maintain viability into the sufficient imminence, intensity, or having been subject to both a positive future and to avoid extinction. In magnitude to indicate that the Nevares 90-day finding and a warranted-but- general, the more Page springsnail Spring naucorid bug is in danger of precluded 12-month finding under populations that occur across its range, extinction (an endangered species), or section 4(b)(3)(B)(iii) of the Act. As such the higher the viability of the species likely to become endangered within the we did not make a separate 90-day or and the lower the risk of extinction. A foreseeable future (a threatened species), 12-month finding in response to the number of factors influence whether throughout all of its range. This finding petition. Page springsnail populations will is based on the relatively stable maximize habitat occupancy, which population and distribution of the In 2011, the Service entered into two increases the resiliency of a population species, and the habitat restoration settlement agreements regarding species to stochastic events. These factors efforts and conservation management on the candidate list at that time include (1) adequate spring discharge that have occurred throughout the (Endangered Species Act Section 4 (water quantity), (2) sufficient water species’ range to minimize impacts to Deadline Litigation, No. 10–377 (EGS), quality, (3) free-flowing spring both the habitat and the species since MDL Docket No. 2165 (D.D.C. May 10, ecosystems, and (4) appropriate the species was first identified as a 2011)). This finding fulfills our substrate and aquatic vegetation within candidate. Because the distribution of obligations regarding the Page the springs. the species is narrow and stressors are springsnail under those settlement In the future, the primary source of similar throughout the entire species’ agreements. potential habitat loss is groundwater

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depletion, which may result in reduced Looking into the foreseeable future, Ramshaw Meadows Sand-Verbena or eliminated spring flow. We are and considering that spring flows could (Abronia alpina) relatively certain that climate change decline somewhat by 2065, we Previous Federal Actions and increased water consumption from forecasted that two populations would increased human population levels in continue to have high resiliency, four The Act directed the Secretary of the the Verde Valley will result in lowered would have moderate resiliency, and Smithsonian Institution to prepare a groundwater levels. Though we are not four would have low resiliency (Service report on endangered and threatened certain of the specific relationship 2015, p. 33). The best available data plant species, which was published as between base flow and spring discharge, suggests that populations in high or House Document No. 94–51. We it is likely that declines in groundwater moderate condition will be resilient published a notice in the Federal levels in the Verde Valley subbasin and populations at low risk of extirpation. Register on July 1, 1975 (40 FR 27823), base flow in the Verde River will This forecasted number of populations in which we announced that we would translate to some decline in spring flow. in good condition existing across the review more than 3,000 native plant We therefore anticipate that the effect of species’ range would provide resiliency species named in the Smithsonian’s report and other species added by the groundwater declines on future levels of (60 percent of populations considered 1975 notice for possible addition to the spring discharge is the primary factor sufficiently large to withstand stochastic List of Endangered and Threatened influencing the future condition of the events), redundancy (the populations Plants. Ramshaw Meadows sand- Page springsnail. would exist across the historical range, verbena was one of those species. In the although that range is inherently small, Finding February 21, 1990, Candidate Notice of to withstand catastrophic events), and Review (CNOR) (55 FR 6186), we Our review found that there are representation (multiple populations identified the species as a category 1 currently 10 existing Page springsnail would continue to occur across the candidate species. In the February 28, populations, occurring in approximately range of the species to maintain 1996, CNOR, we retained the species as the same geographic range that the ecological and genetic diversity). a candidate and assigned it a listing species was known to occupy Therefore, because this forecast of the priority number (LPN) of 8 (61 FR 7602). historically. To assess the current status number and distribution of populations In the September 19, 1997, CNOR (62 of these populations, we grouped each under the spring flow scenario that we FR 49404), we changed the LPN to 11. of them into three categories of expect to occur provides sufficient On May 11, 2004, we received a petition resiliency, which were based on spring resiliency, redundancy, and dated May 4, 2004, from the Center for flow rate, water quality, free-flowing representation for the species, we Biological Diversity et al. requesting the spring runs, and vegetation and conclude the species is likely to remain listing of the Ramshaw Meadows sand- substrate quality. We categorized six at a sufficiently low risk of extinction verbena as a threatened species with populations as currently having high that it will not become in danger of critical habitat. In subsequent annual resiliency, three as currently having extinction in the foreseeable future. CNOR publications, we maintained our moderate resiliency, and one as Therefore, we find that the Page determination of LPN of 11 for this currently having low resiliency. The springsnail does not meet the definition species. best available data suggests that of a threatened species under the Act. populations in high or moderate Summary of Status Review Having found that the Page condition will be resilient populations springsnail is not an endangered species Abronia alpina is a small perennial at low risk of extirpation. In total, nine or a threatened species throughout all of herb 1 to 6 inches across forming of the populations rank as high or its range, we next consider whether compact mats with lavender pink, moderate for the combined evaluation of there are any significant portions of its trumpet-shaped, and generally fragrant the elements needed to maintain the flowers. The species is known from one range in which the Page springsnail is species (water flow rate, water quality, main population center at Ramshaw in danger of extinction or likely to free flowing, and aquatic vegetation and Meadow and a smaller population at the become so. We found no portions of its substrate). This current number of adjacent Templeton Meadow on the range where potential threats are populations in high or moderate Kern River Plateau (8,700-feet elevation) significantly concentrated or condition existing across the species’ in the Sierra Nevada Mountains, substantially greater than in other range provides resiliency (90 percent of California. The entire range of the portions of its range. Therefore, we find populations considered sufficiently species is approximately 15 acres (6.1 that factors affecting the species are large to withstand stochastic events), hectares) and is administered by the essentially uniform throughout its redundancy (the populations exist U.S. Forest Service (USFS) (Inyo range, indicating that no portion of the across the historical range, although that National Forest, Tulare County, range is inherently small, to withstand range of the Page springsnail warrants California). The species’ population catastrophic events), and representation further consideration of possible fluctuates from year to year without any (multiple populations continuing to endangered species or threatened clear trends with estimates ranging from occur across the range of the species to species status under the Act. approximately 150,000 to 50,000 plants maintain ecological and genetic In conclusion, because the number (based on USFS survey results 1985– diversity). Because this estimate of the and distribution of Page springsnail 2012). Abronia alpina is currently condition and distribution of populations provides sufficient categorized by the USFS as a ‘‘Sensitive populations provides sufficient resiliency, redundancy, and Species’’ under the 1988 Land and resiliency, representation, and representation for the species now and Resource Management Plan (LRMP), but redundancy for the species, we in the foreseeable future, we find that is proposed to be categorized as an ‘‘At- conclude that the current risk of the Page springsnail no longer warrants Risk Species’’ under the revised LRMP extinction of the Page springsnail is listing throughout all or a significant currently being developed. sufficiently low that it does not meet the portion of its range, and consequently Threats to Abronia alpina and its definition of an endangered species we are removing it from candidate habitat identified at the time it was under the Act. status. determined to be a candidate species

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included cattle trailing, trampling by alpina is in danger of extinction (an the University of Tennessee, and the campers and packstock, deteriorated endangered species), or likely to become Tennessee Wildlife Resources Agency watershed conditions, and potential endangered within the foreseeable completed quantitative surveys within a bank cutting of habitat. In response, the future (a threatened species), throughout 20-meter (66-foot) reach at both the USFS has implemented a number of all of its range. This finding is based on Owen Spring Branch and Martin Spring conservation measures that have been the past conservation actions and sites. During the Owen Spring Branch effective in reducing these adverse protections provided by the Inyo survey, a total of 269 Sequatchie effects, including developing a livestock National Forest that have shown success caddisflies were observed within 29 trailing strategy; exclosure fencing; in reduction and amelioration of the 0.25-square-meter (2.7-square-foot) establishing a monitoring program; effect of stressors acting upon the quadrats (USFWS, unpublished data). discontinuing livestock grazing for a 10- species and its habitat. We found no Using these data, we estimated the year period (2001–2011); rerouting concentration of stressors that suggests population size at 5,192–6,273 hiking and packstock trails; and that the Abronia alpina may be in individuals (95% confidence interval) conducting land exchanges of private danger of extinction in any portion of its within the 20-meter (66-foot) sampling land so that all A. alpina habitat is on range. Therefore, we find that listing A. reach. Considering the amount of Federal land. alpina as a threatened or an endangered occupied habitat within Owen Spring The stressors currently acting upon species throughout all or a significant Branch (approximately 280 meters (919 Abronia alpina and its habitat include portion of its range or maintaining the feet)), we extrapolated that the lodgepole pine encroachment; potential species as a candidate is not warranted population size at Owen Spring exceeds bank cutting of habitat; the effects of at this time, and we are removing it 50,000 caddisflies. During the Martin climate change; recreation (camping, from candidate status. Spring surveys, a total of 260 Sequatchie packstock); and cattle trailing within caddisflies were observed within 30 meadow habitats. Past conservation Sequatchie Caddisfly (Glyphopsyche 0.25-square-meter (2.7-square-foot) actions by the U.S. Forest Service have sequatchie) quadrats (USFWS, unpublished data). reduced or eliminated the effects of Previous Federal Actions Using these data, we estimated the most of these stressors on A. alpina and population size at 6,546–10,593 its habitat. In addition, the Inyo The Sequatchie caddisfly was first individuals (95% confidence interval) National Forest and U.S. Fish and identified as a candidate for protection within the 20-meter (66-foot) sampling Wildlife Service have developed and under the Act through our internal reach. Considering the amount of signed a conservation agreement to process in the October 25, 1999, evaluate current stressors for A. alpina Candidate Notice of Review published occupied habitat within Martin Spring and update conservation actions that in the Federal Register (64 FR 57534), (approximately 660 meters (2,165 feet)), will be implemented by the Inyo and the Service was subsequently we extrapolated that the population size National Forest to continue to protect petitioned on May 11, 2004, to list the at Martin Spring exceeds 100,000 and manage A. alpina and its habitat species although no new information caddisflies. Both the Owen Spring (Conservation Agreement and Species was provided with the petition. Threats Branch and Martin Spring estimates are Management Guide for Abronia alpina to the species identified at that time much larger than previous estimates, (Ramshaw abronia) Tulare County, were siltation; agricultural, chemical, which were 1,500 to 3,000 individuals California, Dated: April 2015). The and municipal runoff; vandalism; at Owen Spring Branch and conservation agreement addresses pollution from trash; and small characterized as ‘‘very rare,’’ with only ongoing management needs of A. alpina population size. The Sequatchie 6 individuals found at Martin Spring and its habitat, including management caddisfly was assigned a listing priority (Moulton and Floyd (2013, pp. 8–9)). In or monitoring of past and present number (LPN) of 5 (64 FR 57534), and 2010, a single larva was collected at stressors that have been identified. The that LPN was maintained until Clear Spring Branch during routine past and current conservation actions evaluation for listing this year. water quality monitoring by TDEC (Walton 2011, pers. comm.). In and protection provided by the Inyo Summary of Status Review National Forest have been demonstrated subsequent surveys, no individuals to reduce and ameliorate the effect of The Sequatchie caddisfly were observed at the Clear Spring stressors acting upon the species, and (Glyphopsyche sequatchie) was Branch site (Moulton and Floyd 2013, p. we anticipate those completed actions discovered in 1994 and first described 8; USFWS, unpublished data). It is to have lasting, positive effects into the by Etnier and Hix (1999, entire). This unclear whether the larva collected in near future. While we are not basing our species is a member of the insect order 2010 was the result of a dispersal event finding on the February 2015 Trichoptera, family Limnephilidae, or of a population that occurred at very conservation agreement, we anticipate subfamily Limnephilinae, and tribe low levels, and the site is now that conservation measures and Chilostigmini (Wiggins 1996, pp. 270, considered unoccupied by the species. protections outlined in the Conservation 310). Sedimentation, beaver activity, mowing/ Agreement will continue to build on the Despite extensive efforts to find clearing, trampling/public access, and success that past actions have had and additional sites (Moulton and Floyd, possibly watershed disturbance are all will continue to benefit Abronia alpina 2013, entire), the Sequatchie caddisfly stressors to habitat (Factor A). All of into the future. has been observed at only three spring these stressors occur at both the Owen runs in the Sequatchie Valley, all in Spring Branch and Martin Spring sites, Finding Marion County, Tennessee: Owen except for beaver activity, which is only Based on our review of the best Spring Branch (the type locality); Martin found at Owen Spring Branch. However, available scientific and commercial Spring run in the Battle Creek system, these stressors are largely abated by information pertaining to the five and Clear Spring Branch (Etnier and Hix management practices that have been in factors, we find that the stressors acting 1999, pp. 629–630; Walton 2011, pers. place for over 3 years, such as beaver on the species and its habitat are not of comm.). In July 2014, biologists with the and erosion control measures currently sufficient imminence, intensity, or Service, the Tennessee Department of being undertaken by TDEC and other magnitude to indicate that Abronia Environment and Conservation (TDEC), partners. Nevertheless, our not-

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warranted finding is not based on the the foreseeable future (a threatened the three sites is a combination of U.S. implementation of these voluntary species), throughout all or a significant Forest Service (USFS), Bureau of Land efforts. portion of its range. Therefore, we find Management (BLM), and private lands. that listing Sequatchie caddisfly as an Population numbers for the species Finding endangered or a threatened species varies by location and numbers from 5 The Sequatchie caddisfly is found at under the Act is not warranted at this to 100,000 plants. Past numbers of only two sites in Marion County, time, and we are removing it from Calochortus persistens plants in each Tennessee. However, population sizes candidate status. area may have been underestimated are now estimated to be substantially depending on survey timing. larger than previously thought, and the Siskiyou Mariposa Lily (Calochortus Between 1982 and 2013, numerous best available information does not persistens) conservation initiatives and indicate any evidence of declines or Previous Federal Actions management plans have been developed inbreeding depression in either of the to conserve Calochortus persistens. The known populations at this time. Based The Act directed the Secretary of the most recent is the ‘‘Conservation on our review of the best available Smithsonian Institution to prepare a Agreement between the U.S. Fish and scientific and commercial information report on endangered and threatened Wildlife Service and the U.S. Forest pertaining to the five factors, we find plant species, which was published as Service and U.S. Bureau of Land that there are no stressors of sufficient House Document No. 94–51. We Management for Calochortus persistens imminence, intensity, or magnitude to published a notice in the Federal (Siskiyou mariposa lily)’’ (Calochortus indicate that the Sequatchie caddisfly is Register on July 1, 1975 (40 FR 27823), persistens Conservation Agreement) that in danger of extinction (an endangered in which we announced that we would was finalized and approved on species), or likely to become so within review more than 3,000 native plant November 19, 2013. The conservation the foreseeable future (a threatened species named in the Smithsonian’s agreement identifies completed, species), throughout all of its range. report and other species added by the ongoing, and future actions to remove or We consider the range of the 1975 notice for possible addition to the reduce the stressors to C. persistens Sequatchie caddisfly to include Martin List of Endangered and Threatened across all occupied Federal lands. The Spring and Owen Spring in the Plants. Siskiyou mariposa lily was one USFS and BLM have also identified Sequatchie Valley of Tennessee. We of those species. In the February 21, Calochortus persistens as a ‘‘Sensitive evaluated the current range of 1990, Candidate Notice of Review Species.’’ Based on the successful track Sequatchie caddisfly to determine if (CNOR) (55 FR 6192), we first identified record of managing the species as there is any apparent geographic the species as a category 2 candidate. provided for with the conservation concentration of potential threats for However, the February 28, 1996, CNOR initiatives, including the 2013 this species. We examined potential (61 FR 7596) discontinued recognition conservation agreement, we conclude threats from range curtailment, of category 1 and 2 species, so Siskiyou that management of the species will sedimentation, beaver activity, mowing/ mariposa lily was no longer considered provide for diverse plant communities clearing, trampling/public access, candidate species after that date. On by maintaining viable populations of watershed disturbance, collection, September 10, 2001, we received a plants and for conservation of the disease, predation by introduced petition dated August 24, 2001, from species by ensuring continued existence rainbow trout, the inadequacy of Klamath-Siskiyou Wildlands Center, of viable populations that will prevent existing regulatory mechanisms, and Oregon Natural Resources Council, and a trend towards listing under the Act. small population size effects and found Barbara Knapp requesting that the The USFS has issued management no concentration that suggests that the Siskiyou mariposa lily be listed as an guidelines for C. persistens and has Sequatchie caddisfly may be in danger endangered species under the Act and designated 1,005 acres (407 hectares) as of extinction in a portion of its range. that critical habitat be designated. In the a Special Habitat Management Area for While there is a higher level of June 13, 2002, CNOR (67 FR 40662), we the species. trampling and public access at Owen once again added the species as a The major stressor to Calochortus Spring Branch, the best available data candidate with a listing priority number persistens habitat has been competition do not indicate that this stressor rises to (LPN) of 2. In the May 11, 2005, CNOR, from the nonnative plant Isatis tinctoria the level of a threat to the species at this we changed the LPN to 5 (70 FR 24932). (dyer’s woad). Isatis tinctoria was site, such that this portion meets the In subsequent annual CNOR reported to have spread throughout the definition of an endangered or a publications, we maintained our Gunsight-Humbug Ridge and threatened species. Furthermore, we determination of LPN of 5 for this Cottonwood Peak occurrences to found no other portions of the range species. varying degrees. However, surveys have where potential threats are significantly demonstrated that juvenile recruitment Summary of Status Review concentrated or substantially greater is evident and plants of all ages occur than in other portions of its range. Calochortus persistens is a perennial in each population. In 2003, the USFS Therefore, we find that the factors flowering bulb with one to two large initiated removal of I. tinctoria. In 2006, affecting Sequatchie caddisfly are showy, pink to lavender, erect, bell- a second population of C. persistens was essentially uniform throughout its shaped flowers with yellow fringes. found at Cottonwood Peak consisting of range, indicating no portion of the range Calochortus persistens is restricted to more than 15,900 plants. This area does warrants further consideration of three disjunct areas in the Klamath- not contain any I. tinctoria. Because the possible endangered species or Siskiyou Mountain Range at elevations existing occurrences for I. tinctoria are threatened species status under the Act. of 4,300 feet (ft) to 6,000 ft, on the being managed, and some populations Our review of the best available California-Oregon border (Gunsight- or occurrences within populations are scientific and commercial information Humbug Ridge and Cottonwood Peak not subject to the impacts from I. indicates that the Sequatchie caddisfly Area, west of Yreka, Siskiyou County, tinctoria, we have determined that the is not in danger of extinction (an California (two locations), and Bald severity of the impacts from nonnative endangered species) and is not likely to Mountain site, west of Ashland, Jackson plants has been greatly decreased and is become an endangered species within County, Oregon). Land ownership for not resulting in significant impacts to C.

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persistens at the range wide or local list the Shawnee darter, among other efforts in 2007 and 2013 indicate that population level at this time nor do we species, presented substantial scientific the Shawnee darter is maintaining its expect it to in the foreseeable future. or commercial evidence that listing may populations and remains one of the Other stressors identified include fire be warranted. most abundant darter species in the and fire suppression activities, habitat streams where it occurs. Summary of Status Review disturbance activities, roads, off- Finding highway vehicle use, grazing activities, The Shawnee darter occurs within the collection, predation, low recruitment, Pond River system of the Green River in Based on our review of the best and the species’ relatively small, parts of four western Kentucky counties available scientific and commercial disjunct distribution. In our candidate (Christian, Todd, Muhlenberg, and information pertaining to the five assessment, we evaluated these stressors Hopkins). The species is broadly factors, we find that the stressors acting and determined that they are not distributed across its range, inhabiting on the species and its habitat are not of resulting in significant population-level high-gradient headwater streams with such imminence, intensity, or impacts to Calochortus persistens now abundant sand, gravel, and cobble magnitude to indicate that the Shawnee nor are they likely to do so into the riffles. Color characteristics of the darter is in danger of extinction (an foreseeable future. Our finding is based females and non-breeding males of this endangered species), or likely to become partly on management activities and species are similar to other members of endangered within the foreseeable because evidence review of the best the orangethroat darter group, and the future (a threatened species), throughout available data does not suggest that largest specimens reach over 2 inches all of its range. We also found no there is a decline in the C. persistens for males and up to 1.8 inches for portion of its range where the stressors populations at any of the three females are significantly concentrated or locations. Destruction and modification of substantially greater than in any other habitat have been identified as potential portion of its range. Therefore, we find Finding threats to the Shawnee darter. Streams that listing the Shawnee darter as a Based on our review of the best within the Pond River system have been threatened species or an endangered available scientific and commercial degraded by a variety of past and species throughout all or a significant information pertaining to the five current activities such as dredging, portion of its range is not warranted at factors, we find that the stressors acting channelization, impoundment, riparian this time. on the species and its habitat are not of zone removal and others. Much of the such imminence, intensity, or stream modification in the Pond River Sleeping Ute Milkvetch (Astragalus magnitude to indicate that Calochortus system occurred decades ago for tortipes) persistens is in danger of extinction (an agricultural and flood control purposes. Previous Federal Actions endangered species), or likely to become While these manipulations occurred in Sleeping Ute milkvetch became a endangered within the foreseeable the past, the habitat and water quality candidate species in the Candidate future (a threatened species), throughout impacts persist, and siltation/ Notice of Review (CNOR) of 1996, with all of its range. We also found no sedimentation is considered a primary a listing priority number (LPN) of 11, portion of its range where the threats are source of degradation within the after approximately 3 percent of the significantly concentrated or Shawnee darter’s range. While there are numerous dams across the range of the species’ range was disturbed during substantially greater than in any other Shawnee darter, constructed mostly for construction of an irrigation canal (61 portion of its range. Therefore, we find flood control in the 1960s and 1970s, FR 7596; February 28, 1996). Between that listing Calochortus persistens as a only eight occur between known species 1997 and 2006, the LPN was changed threatened or an endangered species or occurrences. various times, and ultimately returned maintaining the species as a candidate Historical and ongoing land uses (e.g., to LPN 11, because the threats were is not warranted throughout all or a agriculture, natural resource extraction, considered non-imminent (62 FR 49398, significant portion of its range at this etc.) have also affected and continue to September 19, 1997; 66 FR 54808, time, and consequently we are removing affect stream habitats as well as water October 30, 2001; 71 FR 53756, it from candidate status. quality. Residential and agricultural September 12, 2006). We received a Shawnee Darter (Etheostoma land uses may result in increases in petition in 2004 from the Center for tecumsehi) nutrients (e.g., fecal coliforms) that can Biological Diversity and others to list be detrimental to aquatic fauna, and the 225 species, including Sleeping Ute Previous Federal Action Shawnee darter is often absent from milkvetch. We reported in the 2005 On April 20, 2010, we received, via streams with high nutrient levels. CNOR that the petition contained no email, a petition from the Center for However, these impacts do not appear new information regarding Sleeping Ute Biological Diversity, Alabama Rivers to be widespread within the species’ milkvetch, and maintained it as a Coalition, Clinch Coalition, Dogwood range. Coal mining historically candidate (60 FR 24870, May 11, 2005). Alliance, Gulf Restoration Network, occurred, to a limited extent, in the The species was maintained as a Tennessee Forests Council, West northernmost edge of the species’ range candidate with LPN 11 through the 2014 Virginia Highlands Conservancy, Tierra but has not reduced the species’ CNOR (79 FR 72450, December 5, 2014). Curry, and Noah Curry, requesting to distribution or occurrences. While oil list 404 aquatic, riparian, and wetland and gas extraction is widespread within Summary of Status Review species, including the Shawnee darter, the range, it does not appear to be Sleeping Ute milkvetch is a perennial as an endangered or a threatened causing any broad changes to stream plant that grows only on the Smokey species and to designate critical habitat habitat or water quality. Reviews of Hills layer of the Mancos Shale concurrent with listing. We permitted activities (e.g., coal mining) Formation on Ute Mountain Ute Tribal subsequently published a notice of a 90- and digital land use coverages over the land in Montezuma County, Colorado. day petition finding in the Federal years do not indicate any significant Very few formal surveys have been done Register (76 FR 59836; September 27, changes in land use; despite these for Sleeping Ute milkvetch, so we have 2011), concluding that the petition to historical and ongoing impacts, survey no information on long-term population

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trends. However, surveys in 2000 Finding address the petition further at that time indicated the presence of 3,744 plants at Based on our review of the best but would complete the action in FY 24 locations covering 500 acres (202 available scientific and commercial 2002. We also stated that an initial hectares) within an overall range of information pertaining to the five review of the petition did not indicate 6,400 acres (2,590). The Tribe received factors, we find that the stressors acting that an emergency listing was a grant in 2015 that enabled them to on the species and its habitat are not of warranted. document the current status of the such imminence, intensity, or In the October 30, 2001, CNOR (66 FR species. The 2015 plant surveys and magnitude to indicate that Sleeping Ute 54808), we again identified the southern impact assessment report show that the milkvetch is in danger of extinction (an Idaho ground squirrel as a candidate for population has increased to 14,929 endangered species), or likely to become listing and assigned it a listing priority individual plants that were counted, endangered within the foreseeable number (LPN) of 3, which reflects a plus an additional 5,000 that were future (a threatened species), throughout subspecies facing threats of a high estimated to occur within the same all of its range. We also found no magnitude that are considered range. portion of its range where the stressors imminent. On May 4, 2004, we continued to are significantly concentrated or We evaluated all known potential identify the southern Idaho ground substantially greater than in any other impacts to the plant, including impacts squirrel as a candidate for listing in the portion of its range. Therefore, we find from the Towaoc Highline Canal CNOR (69 FR 24876), but we changed that listing Sleeping Ute milkvetch as a construction, rifle range use, off- the LPN to 6, which reflects a threatened species or an endangered highway vehicles (OHVs), cattle grazing, subspecies facing threats of a high species is not warranted throughout all and a prairie dog colony. While these magnitude that are not considered or a significant portion of its range at impacts were previously believed to imminent. This change was the result of this time, and we have removed it from pose a threat to the species, and some conservation actions that had been candidate status. may have caused losses of individual implemented and that had reduced the plants or habitat in the past, we received Southern Idaho Ground Squirrel imminence of threats, along with updated information from the Tribe that (Urocitellus Endemicus) commitments from various agencies and has improved our understanding of how parties to initiate and implement Previous Federal Actions these factors currently affect the species. conservation actions for the squirrel. We For example, there are currently no The southern Idaho ground squirrel acknowledged in this CNOR that plans for oil and gas development was recognized as a Category 2 although the magnitude of threats was within the plant’s habitat. The design candidate species in the 1985 Candidate still high, it was trending toward a and operation of the canal has not Notice of Review (CNOR) (50 FR 37958; moderate-to-low range. opened the area to increased vehicle use September 18, 1985). Category 2 species On June 21, 2004, the U.S. District and associated ground disturbance as were those species for which listing as court for the District of Oregon (Center previously anticipated; the entire length an endangered species or as a for Biological Diversity v. Norton, Civ. of the canal and its maintenance roads threatened species was possibly No. 03–1111–AA) found that our are fenced; and access points from roads appropriate, but for which biological resubmitted petition findings for three are gated and locked. The presence of a information sufficient to support a species, including the southern Idaho rifle range has introduced OHV use and proposed rule was lacking. However, ground squirrel, that we published as outdoor recreation that has negatively the February 28, 1996, CNOR (61 FR part of the CNOR on May 4, 2004 (69 FR affected individual plants and habitat, 7596) discontinued recognition of 24876), were not sufficient because we but these effects have been limited to category 1 and 2 species, so the did not provide adequate information to one location, while the majority of southern Idaho ground squirrel was no support our warranted but precluded longer considered a candidate species populations remain unaffected. The determinations. The court ordered that after that date. Tribe has taken significant steps to we publish updated findings. On On January 29, 2001, we received a December 27, 2004, in response to the reduce the impact of feral livestock, petition dated January 26, 2001, from removing more than 400 head of feral court’s order, we published a 12-month Biodiversity Legal Foundation, finding (69 FR 77167) on resubmitted livestock in 2013 and 2014, leaving only requesting that the southern Idaho around 50 head remaining. Herbivory petitions to list the three species. In ground squirrel, at the time classified response to ongoing conservation was reported, but the effects on taxonomically as a subspecies, be listed reproduction were not determined. actions, we also changed the LPN to 9, as an endangered or a threatened which reflects a subspecies facing Overall, current information indicates species under the Act and that critical threats of a moderate to low magnitude an increase in abundance from past habitat be designated. Included in the that are considered imminent. surveys; that most stressors are petition was supporting information On November 22, 2013, we continued speculative and any actual impacts have regarding the species’ taxonomy, to identify the southern Idaho ground been at the individual, not population historical and current distribution, squirrel as a candidate for listing in the or species level; and that no impacts habitat, life history, present status, and CNOR (78 FR 70104), but changed the individually or cumulatively rise to the threats to the species. We acknowledged LPN to 8 to reflect a change in taxonomy level of a threat so significant that it the receipt of the petition in a letter to from subspecies to species. The most contributes to putting the species in the Biodiversity Legal Foundation, recent CNOR dated December 5, 2014 danger of extinction or likely to become dated February 26, 2001. In that letter (79 FR 72450), continued to reflect the so in the foreseeable future. In addition, we also stated that due to court orders species’ status as a candidate species the Tribe believes that the health and and judicially approved settlement with an LPN of 8. existence of the species is in part due to agreements for other listing and critical its location on Tribal land, where all habitat determinations under the Act Summary of Status Review activities are controlled by the Tribe and that required nearly all of our listing The southern Idaho ground squirrel is no public access is allowed without and critical habitat funding for fiscal endemic to four counties in southwest permission. year (FY) 2001, we would not be able to Idaho; its total known range is

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approximately 718,318 acres (290,693 changing climate through changes such Register on July 1, 1975 (40 FR 27823), hectares). Threats to southern Idaho as earlier emergence from their burrows. in which we announced that we would ground squirrels identified in the A programmatic Candidate review more than 3,000 native plant January 26, 2001, listing petition Conservation Agreement with species named in the Smithsonian’s include: Habitat degradation from Assurances (CCAA) was completed for report and other species added by the invasive exotic annual vegetation and this species in 2005 and contains 1975 notice for possible addition to the future loss of habitat from urban conservation measures that minimize List of Endangered and Threatened development; direct killing from ground-disturbing activities, allow for Plants. Tahoe yellow cress was one of shooting, trapping, or poisoning; the investigation of methods to restore those species. In the September 27, competition with Columbian ground currently degraded habitat, provide for 1985, Candidate Notice of Review squirrels; inadequacy of existing additional protection to southern Idaho (CNOR) (50 FR 39526; supplementary regulatory mechanisms; and low ground squirrels from recreational information page 18), Tahoe yellow population numbers. shooting and other direct killing on cress was added to the candidate list as Habitat across the range of the enrolled lands, and allow for the a category 3C species. Category 3C southern Idaho ground squirrel is translocation of squirrels to or from species were those species that were degraded from nonnative vegetation, enrolled lands, if necessary. The acreage proven to be more abundant or primarily by nonnative annuals such as enrolled through the programmatic widespread than previously believed or Bromus tectorum (cheatgrass) and CCAA encompasses approximately 9 those that are not subject to identifiable Taeniatherum caput-medusae percent of the known range of the threats. In the September 30, 1993, (medusahead). Nonnative annuals species. A more recent CCAA is CNOR (58 FR 51184), we changed the provide inconsistent forage quality for expected to be completed by the fall of candidate status to category 1: Category southern Idaho ground squirrels 2015. 2 species were those species for which compared to native vegetation. Therefore, despite changes in habitat listing as endangered or threatened Although their habitat is degraded, conditions and localized stressors species was possibly appropriate, but squirrels have been at a peak in their (agricultural control, competition), for which biological information population cycle for the past several squirrels continue to persist throughout sufficient to support a proposed rule years and are well distributed the majority of their historical range and was lacking In the February 28, 1996, throughout most of their historical populations appear stable. Although we CNOR (61 FR 7612), we no longer range, which has led to an increase in recognize that current conditions do not recognized category 1 and 2 species as gene flow among populations. provide ideal habitat for the species, we candidates and, therefore, most of those Additionally, based on a Geographic anticipate that southern Idaho ground species, including Tahoe yellow cress, Information Systems analysis, we found squirrels will continue to demonstrate were removed from candidate status. On December 27, 2000, we received a that the fire-return interval of 80 years resilience and persist in these degraded petition from the Southwest Center for has not changed and falls within the habitat conditions in the future. Biological Diversity requesting the range of historical levels. Finding Tahoe yellow cress be listed as an The 2001 listing petition cited rapid Based on our review of the best endangered species with critical habitat. urban development as a threat to On December 27, 2004 (69 FR 77167), southern Idaho ground squirrels; available scientific and commercial information pertaining to the five we published a notice of resubmitted however, very little urban development petition findings including the Tahoe has occurred in the range of the squirrel factors, we find that the stressors acting on the species and its habitat are not of yellow cress. In that document, we in the past 14 years. Although urban announced the change of LPN from 2 to development will likely occur in the such imminence, intensity, or magnitude to indicate that the southern 8. In subsequent annual CNOR future, we are not aware of any large- publications, we maintained our scale development plans at this time. Idaho ground squirrel is in danger of extinction (an endangered species), or determination of LPN of 8 for this Recreational shooting and other direct species. killing of southern Idaho ground likely to become endangered within the squirrels is being regulated and foreseeable future (a threatened species), Summary of Status Review throughout all of its range. We also monitored. Authorized control actions Tahoe yellow cress is a member of the found no portion of its range where the and trapping/translocation efforts in mustard family (Brassicaceae) known stressors are significantly concentrated areas where local abundance is high only from the shores of Lake Tahoe in or substantially greater than in any other results in a temporary decrease of the California and Nevada. The species is a portion of its range. Therefore, we find local population, but not the low-growing, herbaceous perennial with that listing the southern Idaho ground extermination of the population. yellow flowers. Flowering and fruiting squirrel as a threatened species or an Competition with Columbian ground occurs between late May and late endangered species is not warranted squirrels does not result in a substantial October. impact to the species due to limited throughout all or a significant portion of Tahoe yellow cress is well adapted to overlap in their distributions. Climate its range at this time, and we have its dynamic shorezone environment and change models predict increased removed it from candidate status. is capable of recolonizing sites after temperatures that could have both Tahoe Yellow Cress (Rorippa periods of inundation. This ability is positive and possibly negative effects on Subumbellata) evident by the demonstrated natural squirrels, and we do not have enough fluctuations in the number of Tahoe information at this time to determine Previous Federal Actions yellow cress that coincide with lake what the actual impact, if any, will be The Act directed the Secretary of the elevation and available habitat. Since on this species, although we note there Smithsonian Institution to prepare a 2001, the population numbers (number is evidence that southern Idaho ground report on endangered and threatened of stems) have ranged from a low of squirrels may be phenotypically plastic, plant species, which was published as approximately 4,500 stems in 2006 similar to other species, which should House Document No. 94–51. We (high lake level year (1,898-meter (m) enable them to adapt more readily to a published a notice in the Federal elevation)) to more than 30,000 stems in

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2014 (low lake level (1,897 m)). At this portion of its range is not warranted at and therefore, we did not need to issue time, the most significant stressor to this time, and consequently we are a new 90-day or 12-month finding in Tahoe yellow cress and its habitat is removing it from candidate status. response to the petition. The Coleman recreational activities on public beaches Cave beetle, Fowler’s Cave beetle, Baker 6 Tennessee Cave Beetles: Baker Station and adjacent habitat around the shore of Station Cave beetle, Indian Grave Point (=Insular) Cave Beetle Lake Tahoe; however, impacts from this Cave beetle, and Noblett’s Cave beetle stressor are being addressed by ongoing (Pseudanophthalmus Insularis); became candidates for listing in the May management actions that include Coleman Cave Beetle 4, 2004, CNOR (69 FR 24876). fencing, signage, and adherence to (Pseudanophthalmus Colemanensis); On April 20, 2010, the Center for beach-raking guidelines on public lands. Fowler’s Cave Beetle Biological Diversity and others Beach raking on private lands remains (Pseudanophthalmus Fowlerae); Indian petitioned the Service to list as a concern, because guidelines are Grave Point (=Soothsayer) Cave Beetle threatened or endangered 404 species, voluntary and cannot be enforced. (Pseudanophthalmus Tiresias); Inquirer including the Coleman Cave beetle, and However, this stressor is not of such Cave Beetle (Pseudanophthalmus to designate critical habitat for those magnitude as to present a population- Inquisitor); and Noblett’s Cave Beetle species. Because this species was level risk to the species. Impacts from (Pseudanophthalmus Paulus) already a candidate for listing, we were shorezone development are being Previous Federal Actions not required to issue a new 90-day or effectively managed by ongoing and 12-month finding in response to the The Service provided notification effective implementation of applicable petition. letters of status review for the Noblett’s shorezone ordinances. Each of the six species addressed in Since 1999, the Adaptive Cave beetle on June 22, 1990, and for this finding has been included by the Management Working Group has the Fowler’s Cave beetle, inquirer cave Service in every CNOR since the developed and implemented beetle, Baker Station Cave beetle, petitions were received in 2004, as conservation actions for Tahoe yellow Noblett’s Cave beetle, and Indian Grave species for which listing is warranted cress. A conservation strategy coupled Point Cave beetle on November 8, 1993. but precluded by higher priority listing with a memorandum of understanding/ These letters were provided to species actions. conservation agreement (MOU/CA) experts, representatives of resource The 2011 Multi-District Litigation between numerous Federal, State, and agencies, and other interested parties to (MDL) settlement agreement specified local agencies and environmental request information and comments that the Service will systematically, over organizations has been implemented to regarding potential listing of the species a period of 6 years, review and address address the stressor to Tahoe yellow as endangered species or threatened the needs of 251 candidate species to cress. The MOU/CA was again signed in species. determine if they should be added to the 2013 for a period of 10 years, and an Fowler’s Cave beetle, inquirer cave Federal Lists of Endangered and updated conservation strategy is beetle, Baker Station Cave beetle, Threatened Wildlife and Plants. The six expected in 2015. An annual monitoring Noblett’s Cave beetle, and Indian Grave beetle species included in this finding plan is in place, and propagation, Point Cave beetle were added to the were on that list of candidate species. transplanting, and translocation Federal list of candidate species in the This finding completes the Service’s strategies have been examined and 1991 Candidate Notice of Review requirements under the MDL agreement successfully initiated. Based on the (CNOR) (56 FR 58804) as category 2 with respect to these six beetle species. species. Category 2 species were those successful track record of numerous Summary of Status Review parties implementing these conservation species for which listing as an actions together, we conclude that endangered species or a threatened The six species are small (3 to 8 ongoing implementation of those species was possibly appropriate, but millimeters in length) predatory cave actions is managing and avoiding or for which biological information beetles that occupy moist habitats mitigating identified impacts. sufficient to support a proposed rule containing organic matter transported was lacking. The category 2 status of from sources outside the inhabited Finding these five species was confirmed in caves. Members of the Based on our review of the best 1994 (59 FR 58982). However, the Pseudanophthalmus genus vary in available scientific and commercial February 28, 1996, CNOR (61 FR 7596) rarity from fairly widespread species information pertaining to the five discontinued recognition of category 1 that are found in many caves, to species factors, we find that the stressors acting and 2 species, so the Fowler’s Cave that are extremely rare and commonly on the species and its habitat are not of beetle, inquirer cave beetle, Baker restricted to only one cave or, at most, sufficient imminence, intensity, or Station Cave beetle, Noblett’s Cave two or three caves. The six beetles magnitude to indicate that Tahoe yellow beetle, and Indian Grave Point Cave addressed by this finding are found cress is in danger of extinction (an beetle were no longer considered entirely within Tennessee, and two of endangered species), or likely to become candidate species after that date. the species (i.e., inquirer cave beetle and endangered within the foreseeable The Service received a petition from Noblett’s Cave beetle) are currently future (a threatened species), throughout the Center for Biological Diversity and known from only one cave. Fowler’s all of its range. Because the distribution others, dated May 4, 2004, to list as Cave beetle and Indian Grave Point Cave of the species is limited to the shoreline endangered species, 225 species, beetle are known to occur in two caves; areas of Lake Tahoe and stressors are including the inquirer cave beetle, and Baker Station Cave beetle has been similar throughout the species’ range, to designate critical habitat for the documented from three caves; and the we found no concentration of stressors species. The Service received another Coleman Cave beetle is known from four that suggests that Tahoe yellow cress petition on May 11, 2004, to list eight caves and a possible fifth. Surveys may be in danger of extinction in any cave beetles, including the inquirer cave conducted during a status update for the portion of its range. Therefore, we find beetle. The Service had already six cave beetles during the period 2013– that listing Tahoe yellow cress as a determined, in the October 30, 2001, 2015 resulted in findings of three of the threatened species or as an endangered CNOR that the inquirer cave beetle was beetles that had not been seen in species throughout all of or a significant a candidate for listing (66 FR 54808), decades (i.e., Fowler’s Cave beetle,

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Baker Station Cave beetle, and Noblett’s inquirer cave beetle, Baker Station Cave and upon request from the appropriate Cave beetle). Although usually zero to beetle, Indian Grave Point Cave beetle, person, as specified under FOR FURTHER three individuals of any of the six or Noblett’s Cave beetle are in danger of INFORMATION CONTACT. species are found during most surveys, extinction (endangered species), or Author(s) 97 Coleman Cave beetles were also likely to become endangered within the found during a 2013 site visit. foreseeable future (threatened species), The primary author(s) of this notice Various populations of the six cave throughout all of their respective ranges. are the staff members of the Branch of beetles were historically believed to We evaluated the current range of the Listing, Ecological Services Program. have been subjected to stressors such as six beetles to determine if there is any Authority water quality impacts associated with a apparent geographic concentration of landfill, erosion due to construction, stressors for any of the species. The six The authority for this section is livestock operations, various aspects of beetles have relatively small ranges that section 4 of the Endangered Species Act human visitation of caves, and possible are limited to the local cave systems of 1973, as amended (16 U.S.C. 1531 et impacts to cave food webs resulting where they are currently found. We seq.). from interruption of organic energy examined potential stressors including Dated: September 23, 2015. inputs. The greatest potential stressors human visitation, livestock grazing, Gary Frazer, to the beetles appear recently to have commercial and residential Acting Director, U.S. Fish and Wildlife been human trampling of beetles and development, disease, predation, and Service. their habitats, curtailing the input of sources of water quality impairment. We [FR Doc. 2015–25058 Filed 10–7–15; 8:45 am] organic materials to caves, excavation of found no concentration of stressors that cave habitats, and predation. However, suggests that any of these six species of BILLING CODE 4333–15–P actual impacts from these potential cave beetles may be in danger of sources appear to be minimal. We have extinction in a portion of their DEPARTMENT OF THE INTERIOR no information indicating that these respective ranges. Therefore, we find stressors are adversely affecting the that listing the Coleman Cave beetle, Fish and Wildlife Service species at this time, either individually Fowler’s Cave beetle, inquirer cave or cumulatively, at a level that warrants beetle, Baker Station Cave beetle, Indian 50 CFR Part 17 their listing under the Act. Grave Point Cave beetle, or Noblett’s Abatement of stressors has been Cave beetle as threatened species or [Docket No. FWS–R1–ES–2014–0045; initiated for the Coleman Cave beetle, endangered species throughout all or a FXES11130900000C6–156–FF09E42000] Fowler’s Cave beetle, and inquirer cave significant portion of their respective RIN 1018–BA30 beetle through development of ranges is not warranted at this time, and cooperative management agreements consequently we are removing Coleman Endangered and Threatened Wildlife (CMAs) with private landowners and Cave beetle, Fowler’s Cave beetle, and Plants; Reclassifying the coordination between State property inquirer cave beetle, Baker Station Cave Columbian White-Tailed Deer From managers, nongovernmental beetle, Indian Grave Point Cave beetle, Endangered to Threatened With a Rule organizations, and the Service. and Noblett’s Cave beetle from Under Section 4(d) of the Act Implementation of CMAs is likely candidate status. resulting in reduction of the impacts of AGENCY: Fish and Wildlife Service, potential stressors to these three beetles. New Information Interior. However, our not-warranted finding is We request that you submit any new ACTION: Proposed rule. not based on the implementation of information concerning the status of, or SUMMARY: Under the authority of the these voluntary efforts. For the Baker stressors to, the American eel, Endangered Species Act of 1973, as Station Cave beetle, Indian Grave Point Cumberland arrow darter, the Great amended (Act), we, the U.S. Fish and Cave beetle, and Noblett’s Cave beetle, Basin distinct population segment of the Wildlife Service (Service), propose to the stressors appear minimal. Columbia spotted frog, Goose Creek There has been a perception since the milkvetch, Nevares spring bug, Page reclassify the Columbia River distinct 1960s that population trends of the six springsnail, Ramshaw meadows sand- population segment (DPS) of Columbian beetles could possibly be decreasing, verbena, Sequatchie caddisfly, Shawnee white-tailed deer (Odocoileus but that perception is likely due in part darter, Siskiyou mariposa lily, Sleeping virginianus leucurus) from endangered to the low level of survey effort ute milkvetch, Southern Idaho ground to threatened, and we propose a rule expended for these species and squirrel, Tahoe yellow cress, and six under section 4(d) of the Act to enhance difficulty in collecting them. The recent Tennessee cave beetles (Baker Station, conservation of the species through evidence of continued persistence of Coleman, Fowler’s, Indian Grave Point, range expansion and management these species, in conjunction with the inquirer, and Noblett’s cave beetles) to flexibility. This proposal is based on a lack of evidence that stressors are the appropriate person, as specified thorough review of the best available negatively affecting these cave beetles, under FOR FURTHER INFORMATION scientific data, which indicate that the lead us to conclude that these species CONTACT, whenever it becomes species’ status has improved such that are more stable than previously thought. available. New information will help us it is not currently in danger of monitor these species and encourage extinction throughout all or a significant Finding their conservation. If an emergency portion of its range. We seek Based on our review of the best situation develops for any of these information, data, and comments from available scientific and commercial species, we will act to provide the public regarding the Columbian information pertaining to the five immediate protection. white-tailed deer and this proposal. factors, we find that the stressors acting DATES: We will accept comments on the species and its habitat are not of References Cited received or postmarked on or before sufficient imminence, intensity, or Lists of the references cited in the December 7, 2015. Please note that if magnitude to conclude that the Coleman petition findings are available on the you are using the Federal eRulemaking Cave beetle, Fowler’s Cave beetle, Internet at http://www.regulations.gov Portal (see ADDRESSES), the deadline for

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