<<

Vol. 76 Wednesday, No. 207 October 26, 2011

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and ; Review of Native That Are Candidates for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions; Proposed Rule

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66370 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

DEPARTMENT OF THE INTERIOR period October 1, 2010, through Species-specific information and September 30, 2011. materials we receive will be available Fish and Wildlife Service We request additional status for public inspection by appointment, information that may be available for during normal business hours, at the 50 CFR Part 17 the 244 candidate species identified in appropriate Regional Office listed below this CNOR. [Docket No. FWS–R9–ES–2011–0061; MO– under Request for Information in 9221050083–B2] DATES: We will accept information on SUPPLEMENTARY INFORMATION. General any of the species in this Candidate information we receive will be available Endangered and Threatened Wildlife Notice of Review at any time. at the Office of Communications and and Plants; Review of Native Species ADDRESSES: This notice is available on Candidate Conservation, Arlington, VA That Are Candidates for Listing as the Internet at http:// (see address under FOR FURTHER Endangered or Threatened; Annual www.regulations.gov and http:// INFORMATION CONTACT). Notice of Findings on Resubmitted www.fws.gov/endangered/what-e-do/ Candidate Notice of Review Petitions; Annual Description of cnor.html. Species assessment forms Progress on Listing Actions with information and references on a Background particular candidate species’ range, AGENCY: Fish and Wildlife Service, The Endangered Species Act of 1973, status, needs, and listing priority Interior. as amended (16 U.S.C. 1531 et seq.) assignment are available for review at (ESA), requires that we identify species ACTION: Notice of review. the appropriate Regional Office listed of wildlife and plants that are SUMMARY: In this Candidate Notice of below in SUPPLEMENTARY INFORMATION or endangered or threatened, based on the Review (CNOR), we, the U.S. Fish and at the Office of Communications and best available scientific and commercial Wildlife Service (Service), present an Candidate Conservation, Arlington, VA information. As defined in section 3 of updated list of and species (see address under FOR FURTHER the ESA, an endangered species is any INFORMATION CONTACT), or on our Web species which is in danger of native to the that we _ regard as candidates for or have site (http://ecos.fws.gov/tess public/ throughout all or a significant portion of proposed for addition to the Lists of pub/SpeciesReport.do?listingType= its range, and a threatened species is Endangered and Threatened Wildlife C&mapstatus=1). Please submit any any species which is likely to become and Plants under the Endangered new information, materials, comments, an endangered species within the Species Act of 1973, as amended. or questions of a general nature on this foreseeable future throughout all or a Identification of candidate species can notice to the Arlington, VA, address significant portion of its range. Through assist environmental planning efforts by listed under FOR FURTHER INFORMATION the Federal rulemaking process, we add providing advance notice of potential CONTACT. Please submit any new species that meet these definitions to listings, allowing landowners and information, materials, comments, or the List of Endangered and Threatened resource managers to alleviate threats questions pertaining to a particular Wildlife at 50 CFR 17.11 or the List of and thereby possibly remove the need to species to the address of the Endangered Endangered and Threatened Plants at 50 list species as endangered or threatened. Species Coordinator in the appropriate CFR 17.12. As part of this program, we Even if we subsequently list a candidate Regional Office listed in SUPPLEMENTARY maintain a list of species that we regard species, the early notice provided here INFORMATION. as candidates for listing. A candidate could result in more options for species FOR FURTHER INFORMATION CONTACT: The species is one for which we have on file management and recovery by prompting Endangered Species Coordinator(s) in sufficient information on biological candidate conservation measures to the appropriate Regional Office(s), or vulnerability and threats to support a alleviate threats to the species. Chief, Office of Communications and proposal to list as endangered or The CNOR summarizes the status and Candidate Conservation, U.S. Fish and threatened, but for which preparation threats that we evaluated in to Wildlife Service, 4401 N. Fairfax Drive, and publication of a proposal is determine that species qualify as Room 420, Arlington, VA 22203 precluded by higher priority listing candidates and to assign a listing (telephone 703–358–2171). Persons who actions. We may identify a species as a priority number (LPN) to each species or use a telecommunications device for the candidate for listing after we have to determine that species should be deaf (TDD) may call the Federal conducted an evaluation of its status on removed from candidate status. Information Relay Service (FIRS) at our own initiative, or after we have Additional material that we relied on is 800–877–8339. made a positive finding on a petition to available in the Species Assessment and SUPPLEMENTARY INFORMATION: We list a species, in particular we have Listing Priority Assignment Forms request additional status information found that listing is warranted but (species assessment forms) for each that may be available for any of the precluded by other higher priority candidate species. candidate species identified in this listing action (see the Petition Findings Overall, this CNOR recognizes three CNOR. We will consider this section, below). new candidates, changes the LPN for information to monitor changes in the We maintain this list of candidates for seven candidates, and removes three status or LPN of candidate species and a variety of reasons: To notify the public species from candidate status. to manage candidates as we prepare that these species are facing threats to Combined with other decisions for listing documents and future revisions their survival; to provide advance individual species that were published to the notice of review. We also request knowledge of potential listings that separately from this CNOR in the past information on additional species to could affect decisions of environmental year, the current number of species that consider including as candidates as we planners and developers; to provide are candidates for listing is 244. prepare future updates of this notice. information that may stimulate and This document also includes our You may submit your information guide conservation efforts that will findings on resubmitted petitions and concerning this notice in general or for remove or reduce threats to these describes our progress in revising the any of the species included in this species and possibly make listing Lists of Endangered and Threatened notice by one of the methods listed in unnecessary; to request input from Wildlife and Plants (Lists) during the the ADDRESSES section. interested parties to help us identify

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66371

those candidate species that may not shorter timescale (once the threats are included in this notice as a candidate is require protection under the ESA or imminent) than for species with lower one for which we have sufficient additional species that may require the magnitude threats. Because we do not information to prepare a proposed rule ESA’s protections; and to request routinely quantify how likely or how to list it because it is in danger of necessary information for setting soon extinction would be expected to extinction or likely to become priorities for preparing listing proposals. occur absent listing, we must evaluate endangered within the foreseeable We strongly encourage collaborative factors that contribute to the likelihood future throughout all or a significant conservation efforts for candidate and time scale for extinction. We portion of its range. species, and offer technical and therefore consider information such as: For more information on the process financial assistance to facilitate such The number of populations or extent of and standards used in assigning LPNs, efforts. For additional information range of the species affected by the a copy of the 1983 guidance is available regarding such assistance, please threat(s) or both; the biological on our Web site at: http://www.fws.gov/ contact the appropriate Regional Office significance of the affected endangered/esa-library/pdf/48fr43098- listed under Request for Information or population(s), taking into consideration 43105.pdf. For more information on the visit our Web site, http://www.fws.gov/ the life-history characteristics of the LPN assigned to a particular species, the endangered/what-we-do/cca.html. species and its current abundance and species assessment for each candidate distribution; whether the threats affect contains the LPN chart and a rationale Previous Notices of Review the species in only a portion of its range, for the determination of the magnitude We have been publishing candidate and if so the likelihood of persistence of and immediacy of threat(s) and notices of review (CNOR) since 1975. the species in the unaffected portions; assignment of the LPN; that information The most recent CNOR (prior to this the severity of the effects and the is summarized in this CNOR. CNOR) was published on November 10, rapidity with which they have caused or This revised notice supersedes all 2010 (75 FR 69222). CNORs published are likely to cause mortality to previous animal, plant, and combined since 1994 are available on our Web individuals and accompanying declines candidate notices of review. site, http://www.fws.gov/endangered/ in population levels; whether the effects Summary of This CNOR what-we-do/cnor.html. For copies of are likely to be permanent; and the CNORs published prior to 1994, please extent to which any ongoing Since publication of the previous contact the Office of Communications conservation efforts reduce the severity CNOR on November 10, 2010 (75 FR and Candidate Conservation (see FOR of the threat. 69222), we reviewed the available FURTHER INFORMATION CONTACT section As used in our priority-ranking information on candidate species to above). system, immediacy of threat is ensure that a proposed listing is On September 21, 1983, we published categorized as either ‘‘imminent’’ or justified for each species, and guidance for assigning an LPN for each ‘‘nonimminent’’ and is based on when reevaluated the relative LPN assigned to candidate species (48 FR 43098). Using the threats will begin. If a threat is each species. We also evaluated the this guidance, we assign each candidate currently occurring or likely to occur in need to emergency-list any of these an LPN of 1 to 12, depending on the the very near future, we classify the species, particularly species with high magnitude of threats, immediacy of threat as imminent. Determining the priorities (i.e., species with LPNs of 1, threats, and taxonomic status; the lower immediacy of threats helps ensure that 2, or 3). This review and reevaluation the LPN, the higher the listing priority species facing actual, identifiable threats ensures that we focus conservation (that is, a species with an LPN of 1 are given priority for listing proposals efforts on those species at greatest risk would have the highest listing priority). over those for which threats are only first. Section 4(h)(3) of the ESA (15 U.S.C. potential or species that are intrinsically In addition to reviewing candidate 1533(h)(3)) requires the Secretary to vulnerable to certain types of threats but species since publication of the last establish guidelines for such a priority- are not known to be presently facing CNOR, we have worked on numerous ranking guidance system. As explained such threats. findings in response to petitions to list below, in using this system we first Our priority ranking system has three species, and on proposed and final categorize based on the magnitude of categories for taxonomic status: Species determinations for rules to list species the threat(s), then by the immediacy of that are the sole members of a ; under the ESA. Some of these findings the threat(s), and finally by taxonomic full species (in genera that have more and determinations have been status. than one species); and and completed and published in the Federal Under this priority-ranking system, distinct population segments of Register, while work on others is still magnitude of threat can be either ‘‘high’’ vertebrate species (DPS). under way (see Preclusion and or ‘‘moderate to low.’’ This criterion The result of the ranking system is Expeditious Progress, below, for details). helps ensure that the species facing the that we assign each candidate a listing Based on our review of the best greatest threats to their continued priority number of 1 to 12. For example, available scientific and commercial existence receive the highest listing if the threat(s) is of high magnitude, information, with this CNOR we priority. It is important to recognize that with immediacy classified as imminent, identify 3 new candidate species (see all candidate species face threats to their the listable entity is assigned an LPN of New Candidates, below), change the continued existence, so the magnitude 1, 2, or 3 based on its taxonomic status LPN for 7 candidates (see Listing of threats is in relative terms. For all (i.e., a species that is the only member Priority Changes in Candidates, below) candidate species, the threats are of of its genus would be assigned to the and determine that a listing proposal is sufficiently high magnitude to put them LPN 1 category, a full species to LPN 2, not warranted for 3 species and thus in danger of extinction, or make them and a subspecies or DPS would be remove them from candidate status (see likely to become in danger of extinction assigned to LPN 3). In summary, the Candidate Removals, below). Combined in the foreseeable future. But for species LPN ranking system provides a basis for with the other decisions published with higher magnitude threats, the making decisions about the relative separately from this CNOR for threats have a greater likelihood of priority for preparing a proposed rule to individual species that previously were bringing about extinction or are list a given species. No matter which candidates, a total of 244 species expected to bring about extinction on a LPN we assign to a species, each species (including 104 plant and 140 animal

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66372 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

species) are now candidates awaiting as a result of separate petition findings However, these impoundments closely preparation of rules proposing their published in the Federal Register. replicate beaver-pond habitat, and it is listing. These 244 species, along with plausible that the species was once a the 48 species currently proposed for faunal component of beaver ponds. The listing (includes 4 species proposed for Pacific walrus (Odobenus rosmarus species may also have once inhabited listing due to similarity in appearance), divergens)—We previously announced backwater and other sluggish portions of are included in Table 1. candidate status for this species, and the main channel of lower Cape Fear Table 2 lists the changes from the described the reasons and data on River. previous CNOR, and includes 14 species which the finding was based, in a Beaver-pond habitat was eliminated identified in the previous CNOR as separate warranted-but-precluded 12- for several decades throughout much of either proposed for listing or classified month petition finding published on the lower Cape Fear River as a result of as candidates that are no longer in those February 10, 2011 (76 FR 7634). the extirpation of the North American beaver due to trapping and hunting categories. This includes nine species for which we published a final listing during the 19th and early 20th tortoise, eastern population rule, one species for which we centuries. This, together with draining (Gopherus polyphemus)—We published an emergency listing rule, and destruction of beaver ponds for previously announced candidate status one species for which we published a development, agriculture, and other for this species, and described the withdrawal of a proposed rule, plus the purposes, is believed to have led to a reasons and data on which the finding three species that we have determined significant decline in the snail’s habitat. was based, in a separate warranted-but- do not meet the definition of Also, dredging and deepening of the precluded 12-month petition finding endangered or threatened and therefore Cape Fear River channel, which began published on July 27, 2011 (76 FR do not warrant listing. We have as early as 1822, and opening of the 45130). removed these species from candidate Atlantic Intercoastal Waterway (through Snow’s Cut) in 1930 for navigational status in this CNOR. Also included in Amphibians purposes have caused saltwater Table 2 are three species for which we Striped newt (Notophthalmus intrusion, altered the diversity and published an emergency listing rule due perstriatus)—We previously announced abundance of aquatic vegetation, and to similarity in appearance; these three candidate status for this species, and changed flows and current patterns far species were not previously candidate described the reasons and data on up the river channel and its lower species. which the finding was based, in a tributaries. Under these circumstances, New Candidates separate warranted-but-precluded 12- the magnificent ramshorn could have month petition finding published on survived only in areas of tributary Below we present a brief summary of June 7, 2011 (76 FR 32911). streams not affected by salt water one new snail (magnificent ramshorn), Snails intrusion and other changes, such as the one new (Poweshiek skipperling), millponds protected from saltwater and one new plant candidate Magnificent ramshorn (Planorbella intrusion by their dams. The species is (Streptanthus bracteatus), which are magnifica)—The following summary is believed to have been eliminated from additions to this year’s CNOR. Complete based on information in our files. No the millponds from which it has been information, including references, can new information was provided in the recorded due to saltwater intrusion be found in the species assessment petition received on April 20, 2010 during severe storms (Hurricane Fran) forms. You may obtain a copy of these (after we initiated our assessment of this and drought conditions, increased input forms from the Regional Office having species). The magnificent ramshorn is a of nutrients and other pollutants from the lead for the species, or from our Web in the family development activities adversely _ site (http://ecos.fws.gov/tess public/ Planorbidae (Pilsbry 1903). It is the affecting water quality/chemistry and pub/SpeciesReport.do?listingType=C& largest North American snail in this leading to increased nuisance aquatic mapstatus=1). For these species, we family. The magnificent ramshorn is plant and algae growth, and efforts, find that we have on file sufficient endemic to the lower Cape Fear River harmful to the snail, by landowners to information on biological vulnerability basin, North Carolina. The species has control nuisance plant and algae and threats to support a proposal to list been recorded from only four sites in growth. as endangered or threatened, but that the lower Cape Fear River Basin in New While efforts have been made to preparation and publication of a Hanover and Brunswick Counties, North restore habitat for the magnificent proposal is precluded by higher priority Carolina, but is believed to be extirpated ramshorn at one of the sites known to listing actions (i.e., it met our definition from all four of these sites. The only have previously supported the species, of a candidate species). We also note known surviving population is a captive all of the sites known to have previously below that 18 other species—Pacific population, comprised of approximately supported the snail continue to be walrus, gopher tortoise (eastern 100 adults, being maintained and affected or threatened by most of the population), striped newt, 7 species of propagated by a private biologist. same factors (i.e., saltwater intrusion Hawaiian yellow-faced ( Available information indicates that and other water quality degradation, anthracinus, H. assimulans, H. facilis, suitable habitat for the species is nuisance aquatic plant control, storms, H. hilaris, H. kuakea, H. longiceps, and restricted to relatively shallow, sea level rise, etc.) believed to have H. mana), Hermes copper , Mt. sheltered portions of still or sluggish, resulted in extirpation of the species Charleston blue butterfly, Puerto Rican freshwater bodies with an abundance from the wild. Currently, only a single harlequin butterfly, Boechera pusilla and diversity of submerged aquatic captive population of the species is (Fremont County rockcress), vegetation and a circumneutral pH (pH known to exist. Although this captive soredium (Frisco buckwheat), Lepidium within the range of 6.8–7.5). The only population of the species has been ostleri (Ostler’s peppergrass), Pinus known records for the species are post- maintained since 1993, a single albicaulis (whitebark pine), Trifolium 1900 and are from manmade millponds catastrophic event, such as a severe friscanum (Frisco clover)—were constructed in the 1700s to provide a storm, disease, or predator infestation, identified as candidates earlier this year freshwater source for rice agriculture. affecting this captive population could

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66373

result in extinction of the species. Wahpeton Sioux Tribe, and private surveys and monitoring data, seed- Accordingly, the magnitude of the organizations (e.g., The Nature collection data, and scientific threats to the species’ survival is high. Conservancy) protect and manage some publications. Bracted twistflower, an The threats are ongoing and therefore Poweshiek skipperling sites. Careful and annual herbaceous plant of the imminent. Thus, we have assigned an considered management is always (mustard family), is LPN of 2 to this species. necessary to ensure its persistence, even endemic to a small portion of the at protected sites. The species may be Edwards Plateau of . From 1989 to secure at a few sites where public and 2010, 32 populations have been Hawaiian yellow-faced bees (Hylaeus private landowners manage native documented in five counties; of these, anthracinus, H. assimulans, H. facilis, prairie in ways that conserve Poweshiek 15 populations remain with intact H. hilaris, H. kuakea, H. longiceps, and skipperling, but approximately one- H. mana)—We previously announced habitat, 9 persist in degraded or quarter of the inhabited sites are partially destroyed , and 8 are candidate status for these species, and privately owned with little or no presumed extirpated. Only 9 of the described the reasons and data on protection. A few private sites are intact populations occur in protected which the finding was based, in a protected from conversion by separate warranted-but-precluded 12- easements, but these do not preclude natural areas. month petition finding published on adverse effects from overgrazing. The The continued survival of bracted September 6, 2011 (76 FR 55170). threats are such that the Poweshiek twistflower is imminently threatened by Hermes copper butterfly skipperling warrants listing; the threats from urban (Hermelycaena [] hermes)—We are high in magnitude because habitat development, severe herbivory from previously announced candidate status degradation and other stressors has very dense herds of white-tailed deer, for this species, and described the resulted in sharp declines in the and the increased density of woody reasons and data on which the finding western portion of its range which plant cover. Additional ongoing threats was based, in a separate warranted-but- contains more than 90 percent of the include erosion and trampling from foot precluded 12-month petition finding species site records. We assigned this and -bike trails, a pathogenic published on April 14, 2011 (76 FR species an LPN of 2 to reflect the fungus of unknown origin, and 20918). ongoing, and therefore, imminent Mt. Charleston blue butterfly insufficient protection by existing threats to the species’ habitat and sharp regulations. Furthermore, due to the (Plebejus shasta charlestonensis)—We population declines documented previously announced candidate status small size and isolation of remaining recently, especially in Iowa and populations and lack of gene flow for this species, and described the Minnesota. reasons and data on which the finding between them, several populations are was based, in a separate warranted-but- Flowering Plants now inbred and may have insufficient precluded 12-month petition finding Boechera pusilla (Fremont County genetic diversity for long-term survival. published on March 8, 2011 (76 FR rockcress) —We previously announced The consistent failure of pilot 12667). candidate status for this species, and reintroduction efforts has so far Puerto Rican harlequin butterfly described the reasons and data on prevented the augmentation and ( tulita)—We previously which the finding was based, in a reintroduction of populations in announced candidate status for this separate warranted-but-precluded 12- protected, managed sites. Optimal species, and described the reasons and month petition finding published on vegetation management of bracted data on which the finding was based, in June 9, 2011 (76 FR 33924). twistflower populations may be a separate warranted-but-precluded 12- Eriogonum soredium (Frisco incompatible with the management of month petition finding published on buckwheat)—We previously announced golden-cheeked warbler nesting habitat. May 31, 2011 (76 FR 31282). candidate status for this species, and The species is potentially threatened by Poweshiek skipperling (Oarisma described the reasons and data on as-yet unknown impacts of climate poweshiek) —The following summary is which the finding was based, in a change. The Service has established a based on information contained in our separate warranted-but-precluded 12- voluntary Memorandum of Agreement files. The Poweshiek skipperling is a month petition finding published on with Texas Parks and Wildlife small butterfly that currently inhabits February 23, 2011 (76 FR 10166). Department, the City of Austin, Travis high-quality tallgrass prairie in Iowa, Lepidium ostleri (Ostler’s County, the Lower Colorado River Minnesota, North Dakota, South Dakota, peppergrass)—We previously Authority, and the Lady Bird Johnson and Wisconsin and prairie fens in announced candidate status for this Wildflower Center to protect bracted Michigan; it also occurs in the province species, and described the reasons and twistflower and its habitats on tracts of of Manitoba, Canada. The species is data on which the finding was based, in Balcones Canyonlands Preserve. The presumed to be extirpated from a separate warranted-but-precluded 12- threats to bracted twistflower are of and Indiana and from many sites within month petition finding published on moderate magnitude, and are ongoing occupied States. February 23, 2011 (76 FR 10166). and, therefore, imminent. We find that The Poweshiek skipperling is Pinus albicaulis (whitebark pine)— bracted twistflower is warranted for threatened by degradation of its native We previously announced candidate listing throughout all of its range and prairie habitat by overgrazing, invasive status for this species, and described the assigned it an LPN of 8. species, gravel mining, and herbicide reasons and data on which the finding applications; inbreeding, population was based, in a separate warranted-but- Trifolium friscanum (Frisco clover)— isolation, and prescribed fire threaten precluded 12-month petition finding We previously announced candidate some populations. Prairie succeeds to published on July 19, 2011 (76 FR status for this species, and described the or forest without periodic 42631). reasons and data on which the finding fire, grazing, or mowing; thus, the Streptanthus bracteatus (bracted was based, in a separate warranted-but- species is also threatened at sites where twistflower)—The following summary is precluded 12-month petition finding such disturbances are not applied. The based on information obtained from our published on February 23, 2011 (76 FR Service, State agencies, the Sisseton- files, on-line herbarium databases, 10166).

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66374 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

Listing Priority Changes in Candidates Based on new information, the focus Arizona, Colorado, , Louisiana, We reviewed the LPN for all of our concern has shifted to the low Minnesota, Montana, Nebraska, New candidate species and are changing the reproductive success of Kittlitz’s , North Dakota, Oklahoma, South numbers for the following species murrelet. Our concern is based on three Dakota, Texas, Canada, and Mexico. The discussed below. Some of the changes lines of reasoning: at the locations Sprague’s pipit is a small grassland bird reflect actual changes in either the where we have the most complete characterized by its high flight display magnitude or immediacy of the threats. information, Agattu and Kodiak , and otherwise very secretive behavior. For some species, the LPN change nest success is very low (less than 10 Sprague’s pipits are strongly tied to reflects efforts to ensure national percent); few juvenile birds have been native prairie (land which has never documented; and there are indications been plowed) throughout their life consistency as well as closer adherence that few females (approximately 10 cycle. to the 1983 guidelines in assigning these percent) are breeding in spite of the fact Threats to this species include: numbers, rather than an actual change (based on blood chemistry) that Habitat loss and conversion, habitat in the nature of the threats. approximately 90 percent appear to be fragmentation on the breeding grounds, Birds physiologically prepared to breed. energy development, roads, and inadequacy of existing regulatory Kittlitz’s murrelet (Brachyramphus Although the implications of these mechanisms. Only 15 to 18 percent of brevirostris)—The following summary is results are serious, we must temper our the historical breeding habitat in the based on information contained in our concern with the knowledge that the United States remains due to prairie files and the petition we received on results are limited to small parts of the habitat loss and fragmentation. The May 9, 2001. Kittlitz’s murrelet is a murrelet’s range and for a long-lived Breeding Bird Survey and Christmas small diving seabird that inhabits bird, we have data for relatively few Bird Count both show a 40-year decline Alaskan coastal waters discontinuously, years. Consequently, we conclude that the magnitude of this threat is moderate. of 73 to 79 percent (3.23 to 4.1 percent from Point Lay south to northern For a K-selected species such as annually). We anticipate that prairie portions of southeast , west to the Kittlitz’s murrelet, loss of the adults is habitat will continue to be converted tip of the , and the particularly important, and we have and fragmented. Most of the breeding eastern coastline of . During the identified several sources of adult range, including those areas where breeding season, most Kittlitz’s mortality such as hydrocarbon grassland habitat still remains, has been murrelets are associated with tidewater contamination, entanglement in gillnets, identified as a prime area for wind glaciers, but breeding has also been and predation. Although none of these energy development, and an oil and gas documented throughout their range in sources of mortality alone rises to the boom is occurring in the central part of areas where glaciers no longer exist. We level of a threat, in total, the chronic, the breeding range in the United States concluded in the past that the loss of low-level loss of adults, in combination and Canada. On the wintering range, tidewater glaciers was a threat to the with evidence that a small proportion of conversion of grassland to agriculture species and the magnitude of that threat the population is breeding, and the low and other uses appears to be was high because of the rate of change reproductive success lead us to accelerating. We recently announced in the glaciers. There is no doubt that conclude that it will be difficult for this candidate status for Sprague’s pipit in a tidewater glaciers are receding most species to maintain a stable population warranted-but-precluded 12-month likely due to climate change. It is also level or rebound from a stochastic event petition finding published on clear that in one part of their range, that causes population loss. The September 15, 2010 (75 FR 56028). Kittlitz’s murrelets are associated with magnitude of threat from these sources Because of an error in our original GIS glacially influenced waters during the is low to moderate, depending on events analysis of the magnitude of the threats summer breeding period. What is that occur in a given year (number and (as presented in our 12-month finding), unclear is the nature of the association location of oil spills/ship wrecks, we have now determined that the and if these areas are more important to number and location of gillnets). magnitude of threats is moderate as a the Kittlitz’s murrelet’s population For these reasons, this year, our focus smaller area of the range is affected by viability than other areas. Nests have shifted from the loss of glaciers to poor the threats, thereby reducing the effect been documented throughout their reproductive success. Poor nest success of the threats to a lower level. Thus, we range; what is unknown is if nest (as opposed to adult mortality) could be are changing the LPN of the Sprague’s survival is better near glaciers. Although the underlying reason for the population pipit from a 2 to an 8. we know that Kittlitz’s murrelet habitat decline, and if it is occurring rangewide, will continue to be modified as glaciers the population would be expected to Reptiles continue to recede, we currently do not continue to decline. Currently, our most Eastern massasauga rattlesnake have evidence that this modification detailed nest information comes from (Sistrurus catenatus)—Until 2011, the will lead to conditions that will lead to Agattu and Kodiak Islands. Whether eastern massasauga was considered one a population-level decline. these locations and the timeframe of three recognized subspecies of In the past we had a high level of observed are representative of the massasauga. Recent information concern over the population decline and rangewide situation is unknown; indicates that the eastern massasauga its magnitude. Although we still therefore, we have determined that represents a distinct species, and we conclude that the population has threat magnitude is moderate, not high. recognize it as such beginning in 2011. declined, based on ongoing analyses, Because the identified threats are It is a small, thick-bodied rattlesnake the magnitude of the decline is much currently occurring, they are imminent. that occupies shallow wetlands and less certain. Work is currently underway Thus, we are changing the LPN from a adjacent upland habitat in portions of to evaluate past surveys and the status 2 to an 8. Illinois, Indiana, Iowa, Michigan, and trend of Kittlitz’s murrelet across its Sprague’s pipit (Anthus spragueii)— Minnesota, New York, Ohio, range. We anticipate that our ability to The following summary is based on Pennsylvania, Wisconsin, and Ontario. evaluate trends and population size will information contained in our files and Populations in , formerly be greatly improved when these projects in the petition we received on October included within the previously are completed and published. 15, 2008. This species occurs in recognized subspecies of eastern

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66375

massasauga, are now considered to be should be recognized as a species rather from candidate status. In consideration the western massasauga, Sistrurus than a subspecies. of these conservation efforts and the tergeminus tergeminus. overall threat level to the species, we Amphibians Although the current range of S. determined the magnitude of existing catenatus resembles the species’ Relict leopard frog (Lithobates onca) threats is moderate to low. However, historical range, the geographic (formerly in Rana)—The following because water development and other distribution has been restricted by the summary is based on information habitat effects, presence of introduced loss of the species from much of the area contained in our files. Natural relict predators, presence of chytrid fungus, within the boundaries of that range. leopard frog populations occur in two limited distribution, small population Approximately 40 percent of the general areas in : near the size, and climate change are ongoing or counties that were historically occupied Overton Arm area of Lake Mead and will occur in the near future, the threats by S. catenatus no longer support the Black Canyon below Lake Mead. These are imminent. The discovery of chytrid species. Sistrurus catenatus is currently two areas include a small fraction of the fungus in relict leopard frogs in 2010 is listed as endangered in every State and historical distribution of the species. Its a new and potentially serious threat. province in which it occurs, except for historical range included springs, Therefore, we changed the LPN from an Michigan where it is designated as a streams, and wetlands within the Virgin 11 to an 8 for this species. River drainage downstream from the species of special concern. Each State Snails and Canadian province across the range vicinity of Hurricane, Utah; along the Muddy River, Nevada; and along the Huachuca springsnail ( of S. catenatus has lost more than 30 Colorado River from its confluence with thompsoni)—The following is based on percent, and for the majority more than the Virgin River downstream to Black information contained in our files. No 50 percent, of their historical Canyon below Lake Mead, Nevada and new information was provided in the populations. Furthermore, less than 35 Arizona. petition received on May 11, 2004. The percent of the remaining populations Factors contributing to the decline of Huachuca springsnail inhabits are considered secure. Approximately the species include alteration, loss, and approximately 19 springs in 59 percent of the remaining S. catenatus degradation of aquatic habitat due to southeastern Arizona and two springs in populations occur wholly or in part on water developments and , Mexico. The springsnail is public land, and Statewide and site- impoundments, and scouring and typically found in shallow water specific Candidate Conservation erosion; changes in plant communities habitats, often in rocky seeps at the Agreements with Assurances (CCAAs) that result in dense growth and the spring source. Potential threats include are currently being developed for many prevalence of vegetation; introduced habitat modification and destruction of these areas in Iowa, Illinois, predators; climate change; and through catastrophic wildfire and Michigan, and Wisconsin. In 2004, a stochastic events. The presence of unmanaged grazing. Overall, the threats Candidate Conservation Agreement chytrid fungus in relict leopard frogs at are low in magnitude because threats (CCA) with the Lake County Forest Lower Blue Point Spring in 2010 are not occurring throughout the range Preserve District in Illinois was warrants further evaluation of the threat of the species uniformly and not all completed. In 2005, a CCA with the of disease to the relict leopard frog. The populations would likely be affected Forest Preserve District of Cook County size of natural and translocated simultaneously by the known threats. in Illinois was completed. In 2006, a populations is small, and therefore these The available information indicates that CCAA with the Ohio Department of populations are vulnerable to stochastic threats are not currently ongoing in or Natural Resources Division of Natural events, such as floods and wildfire. adjacent to occupied habitats. Areas and Preserves was completed for Climate change that results in reduced Accordingly, threats are nonimminent. Rome State Nature Preserve in spring flow, habitat loss, and increased Therefore, we are reducing the LPN Ashtabula County. prevalence of wildfire would adversely from an 8 to an 11 for this species. The magnitude of threats is moderate affect relict leopard frog populations. at this time. However, a recently In 2005, the National Park Service, in Insects completed extinction risk model, and cooperation with the Fish and Wildlife Meltwater lednian stonefly (Lednia information provided by species Service and other Federal, State, and tumana)—The following summary is experts, indicates that other populations local partners, developed a conservation based on information contained in our are likely to suffer additional losses in agreement and strategy intended to files and in the petition we received on abundance and genetic diversity and improve the status of the species July 30, 2007. This species is an aquatic some will likely be extirpated unless through prescribed management actions insect in the order Plecoptera threats are removed in the near future. and protection. Conservation actions (stoneflies). Stoneflies are primarily Declines have continued or may be identified in the agreement and strategy associated with clean, cool streams and accelerating in several States. Thus, we include captive rearing of tadpoles for rivers. Eggs and nymphs (juveniles) of are monitoring the status of this species translocation and refugium populations, the meltwater lednian stonefly are to determine if a change in listing habitat and natural history studies, found in high-elevation, alpine, and priority is warranted. Threats of habitat habitat enhancement, population and subalpine streams, most typically in modification, habitat succession, habitat monitoring, and translocation. locations closely linked to glacial incompatible land management New sites within the historical range of runoff. The species is generally practices, illegal collection for the pet the species have been successfully restricted to streams with mean summer trade, and human persecution are established with captive-reared frogs. water temperature less than 10 °C (50 ongoing and imminent threats to many Conservation is proceeding under the °F). Adults emerge from the nymph remaining populations, particularly agreement and strategy; however, stage and mate in streamside vegetation. those inhabiting private lands. We do additional time is needed to determine The only known meltwater lednian not believe emergency listing is whether or not the agreement and stonefly occurrences are within Glacier warranted. We are changing the LPN strategy will be effective in eliminating National Park (NP), Montana. Climate from a 9 to an 8, reflecting the recent or reducing the threats to the point that change, and the associated effects of information indicating that this the relict leopard frog can be removed glacier loss (with glaciers predicted to

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66376 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

be gone by 2030), reduced streamflows, magnitude of threats, we changed the geothermal development is unlikely to and increased water temperatures, is LPN for this species from a 2 to an 8. occur within Gila springsnail habitat. expected to significantly reduce the Additionally, the discovery of Candidate Removals occurrence of populations and extent of additional populations in 2008 and suitable habitat for the species in As summarized below, we have 2009 reveals the species is secure from Glacier NP. In addition, the existing evaluated the threats to the following stochastic, habitat-modifying events. regulatory mechanisms do not address species and considered factors that, The distribution of the species and environmental changes due to global individually and in combination, variance in the location of its habitat climate change. We recently announced currently or potentially could pose a reduces the risk of the loss of the candidate status for the meltwater risk to these species and their habitats. species from stochastic, habitat- lednian stonefly in a warranted-but- After a review of the best available modifying events. We have no precluded 12-month petition finding scientific and commercial data, we indication that collection of the species published on April 5, 2011 (76 FR conclude that listing these species is occurring, other than rarely by 18684). We originally assigned the under the Endangered Species Act is not researchers confirming its discovery at species an LPN of 4 based on three warranted because these species are not new springs. Also, as the Gila criteria: (1) The high magnitude of likely to become an endangered species springsnail occurs on Forest Service threat, which is projected to within the foreseeable future throughout land with limited access, we do not substantially reduce the amount of all or a significant portion of their anticipate any future collections for suitable habitat relative to the species’ ranges. Therefore, we find that other purposes. There are no known current range; (2) the low imminence of proposing a rule to list them is not diseases that affect Gila springsnails, the threat based on the lack of warranted, and we no longer consider and no native or nonnative predators documented evidence that populations them to be candidate species for listing. occur at these springs. Additionally, we are being affected by climate change We will continue to monitor the status are not aware of any introduced species now; and (3) the taxonomic status of the of these species and to accept additional at the springs that would affect the species, which was the only described information and comments concerning springsnails. member of its genus (monotypic taxon). this finding. We will reconsider our The effects of future climate change Recently, stonefly specimens discovered determination in the event that new may serve to exacerbate habitat loss in NP, North Cascades information indicates that the threats to from other factors. However, as we have the species are of a considerably greater NP, and in the determined that the Gila springsnail is magnitude or imminence than identified of California have been formally not threatened with habitat loss, we through assessments of information described as two additional species in cannot predict with any certainty that contained in our files, as summarized the effects of climate change will the Lednia genus—L. borealis and L. here. exacerbate any future habitat concerns sierra—which indicates that the sufficiently to consider climate change, meltwater lednian stonefly is no longer Snails on its own, a threat to the species. in a monotypic genus. Based on this Gila springsnail (Pyrgulopsis gilae)— Therefore, we have determined that new taxonomic information, we are The following summary is based on climate change is not currently a threat changing the LPN of this species from information contained in our files and to the Gila springsnail now or in the a 4 to a 5. the petition we received on November foreseeable future. In conclusion, due to Arachnids 20, 1985. Also see our 12-month the lack of threats to the continued petition finding published in the existence of the Gila springsnail under Warton’s cave meshweaver (Cicurina Federal Register on October 4, 1988 (53 any of the five factors now or in the wartoni)—The following summary is FR 38969). The Gila springsnail is an foreseeable future, we find that the Gila based on information contained in our aquatic species previously known from springsnail does not meet the definition files. No new information was provided 13 populations in . Surveys of a threatened or endangered species in the petition received on May 11, conducted in 2008 and 2009 located 37 and no longer warrants listing 2004. Warton’s Cave meshweaver is an additional populations, bringing the throughout all or a significant portion of eyeless, cave-dwelling, unpigmented, known total to 50. its range, and we removed it from the 0.23-inch-long invertebrate known only The long-term persistence of the Gila candidate list. from female specimens. This springsnail is contingent upon New Mexico springsnail (Pyrgulopsis meshweaver is known to occur in only protection of the riparian corridor and thermalis)—The following summary is one cave (Pickle Pit) in Travis County, maintenance of flow to ensure based on information contained in our Texas. Primary threats to the species continuous, oxygenated, flowing water files and the petition received on and its habitat are predation and within the species’ required thermal November 20, 1985. Also see our 12- competition from red-imported fire ants, range. Based on new information, we month petition finding published on surface and subsurface effects from now foresee no threats to the habitat of October 4, 1988 (53 FR 38969). The New polluted runoff from an adjacent the Gila springsnail. Disturbance to the Mexico springsnail is an aquatic species subdivision, unauthorized entry into the species from recreational activity is that was previously known from only area surrounding the cave, and trash occurring rarely, with minimal effects to two separate populations associated dumping that may include toxic the species, and is not likely to become with a series of spring-brook systems materials near the feature. The a threat in the foreseeable future due to along the Gila River in the Gila National magnitude of threats is low to moderate the inaccessibility of the springsnail Forest in Grant County, New Mexico. based on observations made during an populations. Livestock grazing may Subsequent surveys in 2008 and 2009 April 5, 2011, site visit. In addition, have affected Gila springsnails in the discovered 12 additional populations, Pickle Pit occurs in a preserve past, but exclusion of livestock from the for a total of 14 separate populations. established for mitigation for the riparian habitat has removed this threat. The long-term persistence of the New endangered golden-cheeked warbler; Current springsnail populations are Mexico springsnail is contingent upon hence the meshweaver receives some located in areas with minimal fire or protection of the riparian corridor and protection. Due to a reduction in the flood risk. Groundwater use for maintenance of flow to ensure

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66377

continuous, oxygenated, flowing water its range. As a result, we have removed current threats are minimized and within the species’ required thermal it from the candidate list. restricted within the larger range of the range. Based on new information, we species, and future potential threats are Insects now foresee no threats to the habitat of monitored, we find the wekiu bug does the New Mexico springsnail. Wekiu bug (Nysius wekiuicola)—The not meet the definition of a threatened Disturbance to the species from following summary is based on or endangered species and no longer recreational activity is occurring rarely, information contained in our files. No warrants listing throughout all or a with minimal impacts to the species, new information was provided in the significant portion of its range. Thus, we and is not likely to become a threat in petition we received on May 11, 2004. have removed it from candidate status. The wekiu bug belongs to the true bug the foreseeable future due to the Petition Findings inaccessibility of the springsnail family, Lygaeidae, and occurs only on populations. Livestock grazing may the summit of on the The ESA provides two mechanisms have affected New Mexico springsnails of . The wekiu bug was believed for considering species for listing. One in the past, but exclusion of livestock to be limited in range to six pu’us method allows the Secretary, on his from the riparian habitat has removed (cinder cones) in the summit area and own initiative, to identify species for this threat. Current springsnail was threatened by loss of habitat on listing under the standards of section populations are located in areas with Mauna Kea due to development of 4(a)(1). We implement this through the minimal fire or flood risk. Groundwater observatory facilities, which was candidate program, discussed above. use for geothermal development is believed to be causing a severe decline The second method for listing a species unlikely to occur within New Mexico in its numbers. Surveys and other provides a mechanism for the public to springsnail habitat. Additionally, the studies carried out over the last 11 years petition us to add a species to the Lists. discovery of additional populations in suggest the wekiu bug has a broader The CNOR serves several purposes as 2008 and 2009 reveals the species is distribution on Mauna Kea than part of the petition process: (1) In some secure from stochastic, habitat- previously known. Surveys now instances (in particular, for petitions to modifying events. indicate that the wekiu bug is currently list species that the Service has already found on 16 pu’us. Two of these 16 identified as candidates on its own The distribution of the species and pu’us occur in an area that has initiative), it serves as the petition variance in the location of its habitat undergone development of astronomy finding; (2) it serves as a ‘‘resubmitted’’ reduces the risk of the loss of the observatory facilities. The previous petition finding that the ESA requires species from stochastic, habitat- trend toward loss of habitat due to the Service to make each year; and (3) modifying events. We have no observatory construction has been it documents the Service’s compliance indication that collection of the species curtailed, and no new construction, with the statutory requirement to is occurring, other than rarely by including the currently planned Thirty- monitor the status of species for which researchers confirming its discovery at meter Telescope project, will occur on listing is warranted-but-precluded to new springs. Also, as the New Mexico any pu’u occupied by the species. ascertain if they need emergency listing. springsnail occurs on Forest Service Management of the Mauna Kea summit First, the CNOR serves as a petition land with limited access, we do not area by the Office of Mauna Kea finding in some instances. Under anticipate any future collections for Management includes continued section 4(b)(3)(A), when we receive a other purposes. There are no known monitoring of the wekiu bug and its listing petition, we must determine diseases that affect New Mexico habitat, and scientific studies to assist in within 90 days, to the maximum extent springsnails, and no native or nonnative managing and protecting wekiu bug practicable, whether the petition predators occur at these springs. populations and habitat. The 2000 presents substantial information Additionally, we are not aware of any Mauna Kea Science Reserve indicating that listing may be warranted introduced species at the springs that Management Plan, the Mauna Kea (a ‘‘90-day finding’’). If we make a would affect the springsnails. Comprehensive Management Plan, the positive 90-day finding, we must The effects of future climate change four subplans (natural resources promptly commence a status review of may serve to exacerbate habitat loss management plan, cultural resources the species under section 4(b)(3)(A); we from other factors. However, as we have management plan, decommissioning must then make and publish one of determined that the New Mexico plan, and public access plan), and a three possible findings within 12 springsnail is not threatened with procedure for formal review of new months of the receipt of the petition (a habitat loss, we cannot predict with any projects on Mauna Kea all contribute to ‘‘12-month finding’’): certainty that the effects of climate the protection and conservation of the (1) The petitioned action is not change will exacerbate any future wekiu bug. warranted; habitat concerns sufficiently to consider Studies over the last 11 years also (2) The petitioned action is warranted climate change, on its own, a threat to indicate the wekiu bug has a stable (in which case we are required to the species. Therefore, we have population, and demonstrate that this promptly publish a proposed regulation determined that climate change is not species exhibits extreme variability in to implement the petitioned action; currently a threat to the New Mexico terms of annual densities at any given once we publish a proposed rule for a springsnail now or in the foreseeable site, such that the normal bounds of species, section 4(b)(5) and 4(b)(6) future. natural population variance for this govern further procedures regardless of In conclusion, due to the lack of species are much wider than previously whether we issued the proposal in threats to the continued existence of the understood. Based on our review of the response to a petition); or New Mexico springsnail under any of best available information we no longer (3) The petitioned action is warranted the five factors now or in the foreseeable conclude that threats across the wekiu but (a) the immediate proposal of a future, we find that the New Mexico bug’s expanded range put the species in regulation and final promulgation of a springsnail does not meet the definition danger of extinction. In summary, regulation implementing the petitioned of a threatened or endangered species because the wekiu bug is likely stable in action is precluded by pending and no longer warrants listing numbers, the wekiu bug is more proposals to determine whether any throughout all or a significant portion of widespread than previously believed, species is endangered or threatened, and

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66378 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

(b) expeditious progress is being made with section 4(b)(3)(B) of the ESA at Table 1, below, which includes the lead to add qualified species to the Lists of least once a year, until we publish a region and the LPN for each species. Endangered or Threatened Wildlife and proposal to list the species or make a Our preclusion determinations are Plants. (We refer to this third option as final not-warranted finding. We make further based upon our budget for listing a ‘‘warranted-but-precluded finding.’’). these annual findings for petitioned activities for unlisted species only, and We define ‘‘candidate species’’ to candidate species through the CNOR. we explain the priority system and why mean those species for which the Third, through undertaking the the work we have accomplished does Service has on file sufficient analysis required to complete the preclude action on listing candidate information on biological vulnerability CNOR, the Service determines if any species. and threat(s) to support issuance of a candidate species needs emergency In preparing this CNOR, we reviewed proposed rule to list, but for which listing. Section 4(b)(3)(C)(iii) of the ESA the current status of, and threats to, the issuance of the proposed rule is requires us to ‘‘implement a system to 204 candidates and 5 listed species for precluded (61 FR 64481; December 5, monitor effectively the status of all which we have received a petition and 1996). This standard for making a species’’ for which we have made a for which we have found listing or species a candidate through our own warranted-but-precluded 12-month reclassification from threatened to initiative is identical to the standard for finding, and to ‘‘make prompt use of the endangered to be warranted but making a warranted-but-precluded 12- [emergency listing] authority [under precluded. Included in this work is our month petition finding on a petition to section 4(b)(7)] to prevent a significant review of the current status of, and list, and we add all petitioned species risk to the well being of any such threats to, the Canada lynx in New for which we have made a warranted- species.’’ The CNOR plays a crucial role Mexico for which we received a petition but-precluded 12-month finding to the in the monitoring system that we have to add that State to the listed range. We candidate list. implemented for all candidate species find that the immediate issuance of a Therefore, all candidate species by providing notice that we are actively proposed rule and timely promulgation identified through our own initiative seeking information regarding the status of a final rule for each of these species already have received the equivalent of of those species. We review all new has been, for the preceding months, and substantial 90-day and warranted-but- information on candidate species as it continues to be, precluded by higher precluded 12-month findings. becomes available, prepare an annual priority listing actions. Additional Nevertheless, we review the status of species assessment form that reflects information that is the basis for this the newly petitioned candidate species monitoring results and other new finding is found in the species and through this CNOR publish specific information, and identify any species assessments and our administrative section 4(b)(3) findings (i.e., substantial for which emergency listing may be record for each species. 90-day and warranted-but-precluded 12- appropriate. If we determine that Our review included updating the month findings) in response to the emergency listing is appropriate for any status of, and threats to, petitioned petitions to list these candidate species. candidate we will make prompt use of candidate or listed species for which we We publish these findings as part of the the emergency listing authority under published findings, under section first CNOR following receipt of the section 4(b)(7). For example, on August 4(b)(3)(B) of the ESA, in the previous petition. On April 20, 2010, we received 10, 2011, we emergency listed the CNOR. We have incorporated new a petition to list the magnificent butterfly (76 FR 49542). We information we gathered since the prior ramshorn (see summary above under have been reviewing and will continue finding and, as a result of this review, New Candidates) after we had initiated to review, at least annually, the status of we are making continued warranted- our assessment of this species for every candidate, whether or not we have but-precluded 12-month findings on the candidate status. In addition, the received a petition to list it. Thus, the petitions for these species. following species that were already on CNOR and accompanying species The immediate publication of our candidate list were also included in assessment forms constitute the proposed rules to list these species was this petition: Black Warrior waterdog, Service’s annual finding on the status of precluded by our work on higher sicklefin redhorse, rabbitsfoot, black petitioned species under section priority listing actions, listed below, mudalia, Coleman cave beetle, and 4(b)(3)(C)(i) of the ESA. during the period from October 1, 2010, plumosa (Yadkin River A number of court decisions have through September 30, 2011. We will goldenrod). The petition did not provide elaborated on the nature and specificity continue to monitor the status of all any new information on these species. of information that must be considered candidate species, including petitioned We published a separate substantial 90- in making and describing the petition species, as new information becomes day finding for all of the above species findings in the CNOR. The CNOR available to determine if a change in on September 27, 2011 (76 FR 59836). published on November 9, 2009 (74 FR status is warranted, including the need As part of this notice, we are making the 57804), describes these court decisions to emergency-list a species under warranted-but-precluded 12-month in further detail. As with previous section 4(b)(7) of the ESA. finding for these species. We have CNORs, we continue to incorporate In addition to identifying petitioned identified the candidate species for information of the nature and specificity candidate species in Table 1 below, we which we received petitions by the code required by the courts. For example, we also present brief summaries of why ‘‘C*’’ in the category column on the left include a description of the reasons why each of these candidates warrants side of Table 1 below. the listing of every petitioned candidate listing. More complete information, Second, the CNOR serves as a species is both warranted and precluded including references, is found in the ‘‘resubmitted’’ petition finding. Section at this time. We make our species assessment forms. You may 4(b)(3)(C)(i) of the ESA requires that determinations of preclusion on a obtain a copy of these forms from the when we make a warranted-but- nationwide basis to ensure that the Regional Office having the lead for the precluded finding on a petition, we are species most in need of listing will be species, or from the Fish and Wildlife to treat such a petition as one that is addressed first and also because we Service’s Internet Web site: http://ecos. resubmitted on the date of such a allocate our listing budget on a fws.gov/tess_public/pub/Species finding. Thus, we must make a 12- nationwide basis (see below). Regional Report.do?listingType=C&mapstatus=1. month petition finding in compliance priorities can also be discerned from As described above, under section 4 of

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66379

the ESA, we may identify and propose final rules. The number of listing on a nationwide basis. Through the species for listing based on the factors actions that we can undertake in a given listing cap, the critical habitat subcap, identified in section 4(a)(1), and section year also is influenced by the and the amount of funds needed to 4 also provides a mechanism for the complexity of those listing actions; that address court-mandated critical habitat public to petition us to add species to is, more complex actions generally are designations, Congress and the courts the Lists of Endangered or Threatened more costly. The median cost for have in effect determined the amount of Wildlife and Plants under the ESA. preparing and publishing a 90-day money available for other listing Below we describe the actions that finding is $39,276; for a 12-month activities nationwide. Therefore, the continue to preclude the immediate finding, $100,690; for a proposed rule funds in the listing cap, other than those proposal and final promulgation of a with critical habitat, $345,000; and for needed to address court-mandated regulation implementing each of the a final listing rule with critical habitat, critical habitat for already listed species, petitioned actions for which we have $305,000. represent the resources we must take made a warranted-but-precluded We cannot spend more than is into consideration when we make our finding, and we describe the appropriated for the Listing Program determinations of preclusion and expeditious progress we are making to without violating the Anti-Deficiency expeditious progress. add qualified species to, and remove Act (see 31 U.S.C. 1341(a)(1)(A)). In Congress identified the availability of species from, the Lists of Endangered or addition, in FY 1998 and for each fiscal resources as the only basis for deferring Threatened Wildlife and Plants. year since then, Congress has placed a the initiation of a rulemaking that is statutory cap on funds which may be warranted. The Conference Report Preclusion and Expeditious Progress expended for the Listing Program, equal accompanying Public Law 97–304, Preclusion is a function of the listing to the amount expressly appropriated which established the current statutory priority of a species in relation to the for that purpose in that fiscal year. This deadlines and the warranted-but- resources that are available and the cost cap was designed to prevent funds precluded finding, states that the and relative priority of competing appropriated for other functions under amendments were ‘‘not intended to demands for those resources. Thus, in the ESA (for example, recovery funds allow the Secretary to delay any given fiscal year (FY), multiple for removing species from the Lists), or commencing the rulemaking process for factors dictate whether it will be for other Service programs, from being any reason other than that the existence possible to undertake work on a listing used for Listing Program actions (see of pending or imminent proposals to list proposal regulation or whether House Report 105–163, 105th Congress, species subject to a greater degree of promulgation of such a proposal is 1st Session, July 1, 1997). threat would make allocation of precluded by higher priority listing Since FY 2002, the Service’s budget resources to such a petition [that is, for actions. has included a critical habitat subcap to a lower-ranking species] unwise.’’ The resources available for listing ensure that some funds are available for Although that statement appeared to actions are determined through the other work in the Listing Program (‘‘The refer specifically to the ‘‘to the annual Congressional appropriations critical habitat designation subcap will maximum extent practicable’’ limitation process. The appropriation for the ensure that some funding is available to on the 90-day deadline for making a Listing Program is available to support address other listing activities’’ (House ‘‘substantial information’’ finding, that work involving the following listing Report No. 107–103, 107th Congress, 1st finding is made at the point when the actions: Proposed and final listing rules; Session, June 19, 2001)). In FY 2002 and Service is deciding whether or not to 90-day and 12-month findings on each year until FY 2006, the Service has commence a status review that will petitions to add species to the Lists of had to use virtually the entire critical determine the degree of threats facing Endangered and Threatened Wildlife habitat subcap to address court- the species, and therefore the analysis and Plants (Lists) or to change the status mandated designations of critical underlying the statement is more of a species from threatened to habitat, and consequently none of the relevant to the use of the warranted-but- endangered; annual ‘‘resubmitted’’ critical habitat subcap funds have been precluded finding, which is made when petition findings on prior warranted- available for other listing activities. In the Service has already determined the but-precluded petition findings as some FYs since 2006, we have been able degree of threats facing the species and required under section 4(b)(3)(C)(i) of to use some of the critical habitat is deciding whether or not to commence the ESA; critical habitat petition subcap funds to fund proposed listing a rulemaking. findings; proposed and final rules determinations for high-priority In FY 2011, on April 15, 2011, designating critical habitat; and candidate species. In other FYs, while Congress passed the Full-Year litigation-related, administrative, and we were unable to use any of the critical Continuing Appropriations Act (Pub. L. program-management functions habitat subcap funds to fund proposed 112–10), which provided funding (including preparing and allocating listing determinations, we did use some through September 30, 2011. The budgets, responding to Congressional of this money to fund the critical habitat Service was provided $20,902,000 for and public inquiries, and conducting portion of some proposed listing the listing program. Of that, the Service public outreach regarding listing and determinations so that the proposed used $9,472,000 for determinations of critical habitat). The work involved in listing determination and proposed critical habitat for already listed species. preparing various listing documents can critical habitat designation could be Also $500,000 was appropriated for be extensive, and may include, but is combined into one rule, thereby being foreign species listings under the ESA. not limited to: Gathering and assessing more efficient in our work. For FY 2011, The Service thus had $10,930,000 the best scientific and commercial data we were again able to use some of the available to fund work in the following available and conducting analyses used critical habitat subcap funds to fund categories: Compliance with court as the basis for our decisions; writing proposed listing determination. orders and court-approved settlement and publishing documents; and We make our determinations of agreements requiring that petition obtaining, reviewing, and evaluating preclusion on a nationwide basis to findings or listing determinations be public comments and peer-review ensure that the species most in need of completed by a specific date; section 4 comments on proposed rules and listing will be addressed first and also (of the ESA) listing actions with incorporating relevant information into because we allocate our listing budget absolute statutory deadlines; essential

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66380 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

litigation-related, administrative, and Conservation of Nature and Natural In addition, we take into consideration listing program-management functions; Resources (IUCN) Red list status/rank, the availability of staff resources when and high-priority listing actions for Heritage rank (provided by we determine which high-priority some of our candidate species. In FY NatureServe), Heritage threat rank species will receive funding to 2010, the Service received many new (provided by NatureServe), and species minimize the amount of time and petitions and a single petition to list 404 currently with fewer than 50 resources required to complete each species. The receipt of petitions for a individuals, or 4 or fewer populations. listing action. large number of species is consuming Those species with the highest IUCN Based on these prioritization factors, the Service’s listing funding that is not rank (), the highest we continue to find that proposals to list dedicated to meeting court-ordered Heritage rank (G1), the highest Heritage the petitioned candidate species commitments. Absent some ability to threat rank (substantial, imminent included in Table 1 are all precluded by balance effort among listing duties threats), and currently with fewer than higher priority listing actions including under existing funding levels, the 50 individuals, or fewer than 4 those with court-ordered and court- Service was only able to initiate a few populations, originally comprised a approved settlement agreements, listing new listing determinations for candidate group of approximately 40 candidate actions with absolute statutory species in FY 2011. species (‘‘Top 40’’). These 40 candidate deadlines, and work on proposed listing In 2009, the responsibility for listing species have had the highest priority to determinations for candidate species foreign species under the ESA was receive funding to work on a proposed with higher listing priorities. transferred from the Division of listing determination. As we work on Scientific Authority, International proposed and final listing rules for those As explained above, a determination Affairs Program, to the Endangered 40 candidates, we apply the ranking that listing is warranted but precluded Species Program. Therefore, starting in criteria to the next group of candidates must also demonstrate that expeditious FY 2010, we used a portion of our with an LPN of 2 and 3 to determine the progress is being made to add and funding to work on the actions next set of highest priority candidate remove qualified species to and from described above for listing actions species. Finally, proposed rules for the Lists of Endangered and Threatened related to foreign species. In FY 2011, reclassification of threatened species to Wildlife and Plants. As with our we allocated $500,000 for work on endangered are lower priority, because ‘‘precluded’’ finding, the evaluation of listing actions for foreign species, which as listed species, they are already whether progress in adding qualified reduced funding available for domestic afforded the protections of the ESA and species to the Lists has been expeditious listing actions. Although there are no implementing regulations. However, for is a function of the resources available foreign species issues included in our efficiency reasons, we may choose to for listing and the competing demands high-priority listing actions (these are work on a proposed rule to reclassify a for those funds. (Although we do not accounted for separately in the Annual species to endangered if we can discuss it in detail here, we are also Notice of Review for foreign species combine this with work that is subject making expeditious progress in published on May 3, 2011 (76 FR to a court-determined deadline. removing species from the list under the 25150)), many actions had statutory or With our workload so much bigger Recovery program in light of the court-approved settlement deadlines, than the amount of funds we have to resource available for delisting, which is thus increasing their priority. The accomplish it, it is important that we be funded by a separate line item in the budget allocations for each specific as efficient as possible in our listing budget of the Endangered Species listing action are identified in the process. Therefore, as we work on Program. During FY 2011, we have Service’s FY 2011 Allocation Table (part proposed rules for the highest priority completed delisting rules for three of our record). species in the next several years, we are species.) Given the limited resources Because of the large number of high- preparing multi-species proposals when available for listing, we find that we priority species, we further ranked the appropriate, and these may include made expeditious progress in FY 2011 candidate species with an LPN of 2 by species with lower priority if they in the Listing Program. This progress using the following extinction-risk type overlap geographically or have the same included preparing and publishing the criteria: International Union for the threats as a species with an LPN of 2. following determinations:

FY 2011 COMPLETED LISTING ACTIONS

Publication date Title Actions FR pages

10/6/2010 ...... Endangered Status for the Altamaha Proposed Listing Endangered ...... 75 FR 61664–61690 Spinymussel and Designation of Critical Habitat. 10/7/2010 ...... 12-Month Finding on a Petition to list the Notice of 12-Month petition finding, Not 75 FR 62070–62095 Sacramento Splittail as Endangered or warranted. Threatened. 10/28/2010 ...... Endangered Status and Designation of Proposed Listing Endangered (uplisting) ... 75 FR 66481–66552 Critical Habitat for Spikedace and Loach . 11/2/2010 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Not sub- 75 FR 67341–67343 Bay Springs Salamander as Endan- stantial. gered. 11/2/2010 ...... Determination of Endangered Status for Final Listing Endangered ...... 75 FR 67511–67550 the Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail and Designation of Critical Habitat. 11/2/2010 ...... Listing the Rayed Bean and Snuffbox as Proposed Listing Endangered ...... 75 FR 67551–67583 Endangered.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66381

FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

11/4/2010 ...... 12-Month Finding on a Petition to List Notice of 12-month petition finding, War- 75 FR 67925–67944 Cirsium wrightii (Wright’s Marsh Thistle) ranted but precluded. as Endangered or Threatened. 12/14/2010 ...... Endangered Status for Dunes Sagebrush Proposed Listing Endangered ...... 75 FR 77801–77817 Lizard. 12/14/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, War- 75 FR 78029–78061 North American Wolverine as Endan- ranted but precluded. gered or Threatened. 12/14/2010 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, War- 75 FR 78093–78146 Sonoran Population of the Desert Tor- ranted but precluded. toise as Endangered or Threatened. 12/15/2010 ...... 12-Month Finding on a Petition to List As- Notice of 12-Month petition finding, War- 75 FR 78513–78556 tragalus microcymbus and ranted but precluded. schmolliae as Endangered or Threat- ened. 12/28/2010 ...... Listing Seven Brazilian Bird Species as Final Listing Endangered ...... 75 FR 81793–81815 Endangered Throughout Their Range. 1/4/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Not sub- 76 FR 304–311 Red Knot subspecies Calidris canutus stantial. roselaari as Endangered. 1/19/2011 ...... Endangered Status for the Sheepnose Proposed Listing Endangered ...... 76 FR 3392–3420 and Spectaclecase Mussels. 2/10/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, War- 76 FR 7634–7679 Pacific Walrus as Endangered or ranted but precluded. Threatened. 2/17/2011 ...... 90-Day Finding on a Petition To List the Notice of 90-day Petition Finding, Sub- 76 FR 9309–9318 Sand Verbena as Endangered or stantial. Threatened. 2/22/2011 ...... Determination of Threatened Status for Final Listing Threatened ...... 76 FR 9681–9692 the New Zealand-Australia Distinct Pop- ulation Segment of the Southern Rockhopper Penguin. 2/22/2011 ...... 12-Month Finding on a Petition to List Notice of 12-Month petition finding, War- 76 FR 9722–9733 conocarpum (marron bacora) ranted but precluded. as Endangered. 2/23/2011 ...... 12-Month Finding on a Petition to List Notice of 12-Month petition finding, Not 76 FR 9991–10003 Thorne’s Hairstreak Butterfly as Endan- warranted. gered. 2/23/2011 ...... 12-Month Finding on a Petition to List As- Notice of 12-Month petition finding, War- 76 FR 10166–10203 tragalus hamiltonii, Penstemon flowersii, ranted but precluded & Not Warranted. Eriogonum soredium, Lepidium ostleri, and Trifolium friscanum as Endangered or Threatened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Not sub- 76 FR 10299–10310 Wild Plains Bison or Each of Four Dis- stantial. tinct Population Segments as Threat- ened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Not sub- 76 FR 10310–10319 Unsilvered Fritillary Butterfly as Threat- stantial. ened or Endangered. 3/8/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, War- 76 FR 12667–12683 Mt. Charleston Blue Butterfly as Endan- ranted but precluded. gered or Threatened. 3/8/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Sub- 76 FR 12683–12690 Texas Kangaroo Rat as Endangered or stantial. Threatened. 3/10/2011 ...... Initiation of Status Review for Longfin Notice of Status Review ...... 76 FR 13121–13122 Smelt. 3/15/2011 ...... Withdrawal of Proposed Rule to List the Proposed rule withdrawal ...... 76 FR 14210–14268 Flat-tailed Horned Lizard as Threatened. 3/15/2011 ...... Proposed Threatened Status for the Chiri- Proposed Listing Threatened; Proposed 76 FR 14126–14207 cahua Leopard Frog and Proposed Des- Designation of Critical Habitat. ignation of Critical Habitat. 3/22/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, War- 76 FR 15919–15932 Berry Cave Salamander as Endangered. ranted but precluded. 4/1/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Sub- 76 FR 18138–18143 Spring as Endangered. stantial. 4/5/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, Not 76 FR 18684–18701 Bearmouth Mountainsnail, Byrne Resort Warranted and Warranted but precluded. Mountainsnail, and Meltwater Lednian Stonefly as Endangered or Threatened.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66382 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

4/5/2011 ...... 90-Day Finding on a Petition To List the Notice of 90-Day Petition Finding, Sub- 76 FR 18701–18706 Peary Caribou and Dolphin and Union stantial. population of the Barren-ground Caribou as Endangered or Threatened. 4/12/2011 ...... Proposed Endangered Status for the Proposed Listing Endangered; Proposed 76 FR 20464–20488 Three Forks Springsnail and San Designation of Critical Habitat. Bernardino Springsnail, and Proposed Designation of Critical Habitat. 4/13/2011 ...... 90-Day Finding on a Petition To List Notice of 90-Day Petition Finding, Sub- 76 FR 20613–20622 Spring Mountains Acastus Checkerspot stantial. Butterfly as Endangered. 4/14/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Sub- 76 FR 20911–20918 Prairie Chub as Threatened or Endan- stantial. gered. 4/14/2011 ...... 12-Month Finding on a Petition to List Her- Notice of 12-Month petition finding, War- 76 FR 20918–20939 mes Copper Butterfly as Endangered or ranted but precluded. Threatened. 4/26/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Sub- 76 FR 23256–23265 Arapahoe Snowfly as Endangered or stantial. Threatened. 4/26/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Not 76 FR 23265–23271 Smooth-Billed Ani as Threatened or En- substantial. dangered. 5/12/2011 ...... Withdrawal of the Proposed Rule to List Proposed Rule, Withdrawal ...... 76 FR 27756–27799 the Mountain Plover as Threatened. 5/25/2011 ...... 90-Day Finding on a Petition To List the Notice of 90-Day Petition Finding, Sub- 76 FR 30082–30087 Spot-tailed Earless Lizard as Endan- stantial. gered or Threatened. 5/26/2011 ...... Listing the Salmon-Crested Cockatoo as Final Listing Threatened ...... 76 FR 30758–30780 Threatened Throughout its Range with Special Rule. 5/31/2011 ...... 12-Month Finding on a Petition to List Notice of 12-Month petition finding, War- 76 FR 31282–31294 Puerto Rican Harlequin Butterfly as En- ranted but precluded. dangered. 6/2/2011 ...... 90-Day Finding on a Petition to Reclassify Notice of 90-Day Petition Finding, Sub- 76 FR 31903–31906 the Straight-Horned Markhor (Capra stantial. falconeri jerdoni) of Torghar Hills as Threatened. 6/2/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Sub- 76 FR 31920–31926 Golden-winged Warbler as Endangered stantial. or Threatened. 6/7/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, War- 76 FR 32911–32929 Striped Newt as Threatened. ranted but precluded. 6/9/2011 ...... 12-Month Finding on a Petition to List Notice of 12-Month petition finding, Not 76 FR 33924–33965 ammophila, Agrostis rossiae, Warranted and Warranted but precluded. Astragalus proimanthus, Boechera (Arabis) pusilla, and Penstemon gibbensii as Threatened or Endangered. 6/21/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Not 76 FR 36049–36053 Utah Population of the Gila Monster as substantial. an Endangered or a Threatened Distinct Population Segment. 6/21/2011 ...... Revised 90-Day Finding on a Petition To Notice of 90-day Petition Finding, Not sub- 76 FR 36053–36068 Reclassify the Utah Prairie Dog From stantial. Threatened to Endangered. 6/28/2011 ...... 12-Month Finding on a Petition to List Notice of 12-Month petition finding, Not 76 FR 37706–37716 Castanea pumila var. ozarkensis as warranted. Threatened or Endangered. 6/29/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Sub- 76 FR 38095–38106 Eastern Small-Footed Bat and the stantial. Northern Long-Eared Bat as Threatened or Endangered. 6/30/2011 ...... 12-Month Finding on a Petition to List a Notice of 12-Month petition finding, Not 76 FR 38504–38532 Distinct Population Segment of the Fish- warranted. er in Its United States Northern Rocky Mountain Range as Endangered or Threatened with Critical Habitat. 7/12/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Sub- 76 FR 40868–40871 Bay Skipper as Threatened or Endan- stantial. gered.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66383

FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

7/19/2011 ...... 12-Month Finding on a Petition to List Notice of 12-Month petition finding, War- 76 FR 42631–42654 Pinus albicaulis as Endangered or ranted but precluded. Threatened with Critical Habitat. 7/19/2011 ...... Petition To List Grand Canyon Cave Notice of 12-Month petition finding, Not 76 FR 42654–42658 Pseudoscorpion. warranted. 7/26/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, Not 76 FR 44547–44564 Giant Palouse Earthworm (Drilolerius warranted. americanus) as Threatened or Endan- gered. 7/26/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, Not 76 FR 44566–44569 Frigid Ambersnail as Endangered. warranted. 7/27/2011 ...... Determination of Endangered Status for Final Listing Endangered, Threatened ...... 76 FR 45054–45075 Ipomopsis polyantha (Pagosa Sky- rocket) and Threatened Status for Penstemon debilis (Parachute Beardtongue) and Phacelia submutica (DeBeque Phacelia). 7/27/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, War- 76 FR 45130–45162 Gopher Tortoise as Threatened in the ranted but precluded. Eastern Portion of its Range. 8/2/2011 ...... Proposed Endangered Status for the Proposed Listing Endangered ...... 76 FR 46218–46234 Chupadera Springsnail (Pyrgulopsis chupaderae) and Proposed Designation of Critical Habitat. 8/2/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Not 76 FR 46238–46251 Straight Snowfly and Idaho Snowfly as substantial. Endangered. 8/2/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, Not 76 FR 46251–46266 Redrock Stonefly as Endangered or warranted. Threatened. 8/2/2011 ...... Listing 23 Species on Oahu as Endan- Proposed Listing Endangered ...... 76 FR 46362–46594 gered and Designating Critical Habitat for 124 Species. 8/4/2011 ...... 90-Day Finding on a Petition To List Six Notice of 90-Day Petition Finding, Not 76 FR 47123–47133 Sand Dune Beetles as Endangered or substantial and substantial. Threatened. 8/9/2011 ...... Endangered Status for the Cumberland Final Listing Endangered ...... 76 FR 48722–48741 Darter, Rush Darter, Yellowcheek Dart- er, Chucky Madtom, and Laurel Dace. 8/9/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, Not 76 FR 48777–48788 Nueces River and Plateau Shiners as warranted. Threatened or Endangered. 8/9/2011 ...... Four Foreign Parrot Species [crimson Proposed Listing Endangered and Threat- 76 FR 49202–49236 shining parrot, white cockatoo, Phil- ened; Notice of 12-Month petition find- ippine cockatoo, yellow-crested ing, Not warranted. cockatoo]. 8/10/2011 ...... Proposed Listing of the Miami Blue But- Proposed Listing Endangered Similarity of 76 FR 49408–49412 terfly as Endangered, and Proposed Appearance. Listing of the Cassius Blue, Ceraunus Blue, and Nickerbean Blue as Threatened Due to Similarity of Appear- ance to the Miami Blue Butterfly. 8/10/2011 ...... 90-Day Finding on a Petition To List the Notice of 90-Day Petition Finding, Sub- 76 FR 49412–49417 Saltmarsh Topminnow as Threatened or stantial. Endangered Under the Endangered Species Act. 8/10/2011 ...... Emergency Listing of the Miami Blue But- Emergency Listing Endangered and Simi- 76 FR 49542–49567 terfly as Endangered, and Emergency larity of Appearance. Listing of the Cassius Blue, Ceraunus Blue, and Nickerbean Blue Butterflies as Threatened Due to Similarity of Appear- ance to the Miami Blue Butterfly. 8/11/2011 ...... Listing Six Foreign Birds as Endangered Final Listing Endangered ...... 76 FR 50052–50080 Throughout Their Range. 8/17/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Sub- 76 FR 50971–50979 Leona’s Little Blue Butterfly as Endan- stantial. gered or Threatened. 9/01/2011 ...... 90-Day Finding on a Petition to List All Notice of 90-Day Petition Finding, Sub- 76 FR 54423–54425 Chimpanzees (Pan troglodytes) as En- stantial. dangered.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66384 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

9/6/2011 ...... 12-Month Finding on Five Petitions to List Notice of 12-Month petition finding, War- 76 FR 55170–55203 Seven Species of Hawaiian Yellow- ranted but precluded. faced Bees as Endangered. 9/8/2011 ...... 12-Month Petition Finding and Proposed Notice of 12-Month petition finding, War- 76 FR 55623–55638 Listing of Arctostaphylos franciscana as ranted; Proposed Listing Endangered. Endangered. 9/8/2011 ...... 90-Day Finding on a Petition To List the Notice of 90-Day Petition Finding, Not 76 FR 55638–55641 Snowy Plover and Reclassify the Win- substantial. tering Population of Piping Plover. 9/13/2011 ...... 90-Day Finding on a Petition To List the Notice of 90-Day Petition Finding, Sub- 76 FR 56381–56391 Franklin’s Bumble as Endangered. stantial. 9/13/2011 ...... 90-Day Finding on a Petition to List 42 Notice of 90-Day Petition Finding, Sub- 76 FR 56608–56630 and Mojave Desert stantial and Not substantial. Springsnails as Threatened or Endan- gered with Critical Habitat. 9/21/2011 ...... 12-Month Finding on a Petition to List Van Notice of 12-Month petition finding, Not 76 FR 58650–58680 Rossem’s Gull-billed Tern as Endan- warranted. gered or Threatened. 9/22/2011 ...... Determination of Endangered Status for Final Listing Endangered ...... 76 FR 58954–58998 Casey’s June Beetle and Designation of Critical Habitat. 9/27/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, Not 76 FR 59623–59634 Tamaulipan Agapema, Sphingicampa warranted. blanchardi (no common name), and Ursia furtiva (no common name) as En- dangered or Threatened. 9/27/2011 ...... Partial 90-Day Finding on a Petition to List Notice of 90-Day Petition Finding, Sub- 76 FR 59836–59862 404 Species in the Southeastern United stantial. States as Endangered or Threatened With Critical Habitat. 9/29/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-Day Petition Finding, Sub- 76 FR 60431–60444 American Eel as Threatened. stantial. 10/4/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-Month petition finding, Not 76 FR 61298–61307 Lake Sammamish Kokanee Population warranted. of Oncorhynchus nerka as an Endan- gered or Threatened Distinct Population Segment. 10/4/2011 ...... 12-Month Finding on a Petition to List Notice of 12-Month petition finding, Not 76 FR 61307–61321 Calopogon oklahomensis as Threatened warranted. or Endangered. 10/4/2011 ...... 12-Month Finding on a Petition To List the Notice of 12-Month petition finding, Not 76 FR 61321–61330 Amargosa River Population of the Mo- warranted. jave Fringe-toed Lizard as an Endan- gered or Threatened Distinct Population Segment. 10/4/2011 ...... Endangered Status for the Alabama Proposed Listing Endangered ...... 76 FR 61482–61529 Pearlshell, Round Ebonyshell, Southern Sandshell, Southern Kidneyshell, and Choctaw Bean, and Threatened Status for the Tapered Pigtoe, Narrow Pigtoe, and Fuzzy Pigtoe; with Critical Habitat. 10/4/2011 ...... 90-Day Finding on a Petition To List 10 Notice of 90-Day Petition Finding, Sub- 76 FR 61532–61554 Subspecies of Great Basin Butterflies as stantial and Not substantial. Threatened or Endangered with Critical Habitat.

Our expeditious progress also statutory timelines, that is, timelines a lower priority if they overlap included work on listing actions that we required under the ESA. Actions in the geographically or have the same threats funded in FY 2010 and FY 2011 but bottom section of the table are high- as the species with the high priority. have not yet been completed to date. priority listing actions. These actions Including these species together in the These actions are listed below. Actions include work primarily on species with same proposed rule results in in the top section of the table are being an LPN of 2, and, as discussed above, considerable savings in time and conducted under a deadline set by a selection of these species is partially funding, compared to preparing separate court. Actions in the middle section of based on available staff resources, and proposed rules for each of them in the the table are being conducted to meet when appropriate, include species with future.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66385

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

4 parrot species (military macaw, yellow-billed parrot, red-crowned parrot, scarlet macaw) 5 ...... 12-month petition finding. 4 parrot species (blue-headed macaw, great green macaw, grey-cheeked parakeet, hyacinth 12-month petition finding. macaw) 5. Longfin smelt ...... 12-month petition finding.

Actions With Statutory Deadlines

5 Bird species from and ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. Ozark hellbender 4 ...... Final listing determination. Altamaha spinymussel 3 ...... Final listing determination. 6 Birds from Peru & Bolivia ...... Final listing determination. Loggerhead sea turtle (assist National Marine Fisheries Service) 5 ...... Final listing determination. 2 mussels (rayed bean (LPN = 2), snuffbox No LPN) 5 ...... Final listing determination. CA golden trout 4 ...... 12-month petition finding. Black-footed albatross ...... 12-month petition finding. ferruginous pygmy-owl 1 ...... 12-month petition finding. Northern leopard frog ...... 12-month petition finding. Tehachapi slender salamander ...... 12-month petition finding. Coqui Llanero ...... 12-month petition finding/Proposed list- ing. Dusky vole ...... 12-month petition finding. Leatherside chub (from 206 species petition) ...... 12-month petition finding. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. 3 South Arizona plants ( piscaticus, Astragalus hypoxylus, Amoreuxia gonzalezii) (from 475 12-month petition finding. species petition). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 parrots (foreign species) ...... 12-month petition finding. Mohave Ground Squirrel 1 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Honduran emerald ...... 12-month petition finding. Eagle Lake trout 1 ...... 90-day petition finding. 32 Pacific Northwest mollusks species (snails and slugs) 1 ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding. 11 of 404 Southeast species ...... 90-day petition finding. Aztec gilia 5 ...... 90-day petition finding. White-tailed ptarmigan 5 ...... 90-day petition finding. San Bernardino flying squirrel 5 ...... 90-day petition finding. Bicknell’s thrush 5 ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami & imberbis) 5 ...... 90-day petition finding. I’iwi 5 ...... 90-day petition finding. Humboldt marten ...... 90-day petition finding. Desert massasauga ...... 90-day petition finding. Western glacier stonefly (Zapada glacier) ...... 90-day petition finding. Thermophilic ostracod (Potamocypris hunteri) ...... 90-day petition finding. Sierra Nevada red fox 5 ...... 90-day petition finding. Boreal toad (eastern or southern Rocky Mtn population) 5 ...... 90-day petition finding. Alexander Archipelago wolf 5 ...... 90-day petition finding.

High-Priority Listing Actions

20 Maui-Nui candidate species 2 (17 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 with Proposed listing. LPN = 8). Umtanum buckwheat (LPN = 2) and white bluffs bladderpod (LPN = 9) 4 ...... Proposed listing. Grotto sculpin (LPN = 2) 4 ...... Proposed listing. 2 Arkansas mussels (Neosho mucket (LPN = 2) & Rabbitsfoot (LPN = 9)) 4 ...... Proposed listing. Diamond darter (LPN = 2) 4 ...... Proposed listing. Gunnison sage-grouse (LPN = 2) 4 ...... Proposed listing. Coral Pink Sand Dunes Tiger Beetle (LPN = 2) 5 ...... Proposed listing. Lesser prairie chicken (LPN = 2) ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado salamander (LPN = 2), George- Proposed listing. town salamander (LPN = 8), Jollyville Plateau (LPN = 8)) 3. 5 West Texas aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y springsnail (LPN = 2), Phantom Proposed listing. springsnail (LPN = 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2)) 3. 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN = 2), Neches River rose-mal- Proposed listing. low (Hibiscus dasycalyx) (LPN = 2)) 3. 4 AZ plants (Acuna cactus (Echinomastus erectocentrus var. acunensis) (LPN = 3), Fickeisen plains Proposed listing. cactus ( peeblesianus fickeiseniae) (LPN = 3), Lemmon fleabane (Erigeron lemmonii) (LPN = 8), Gierisch mallow (Sphaeralcea gierischii) (LPN = 2)) 5.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66386 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

ACTIONS FUNDED IN FY 2010 AND FY 2011 BUT NOT YET COMPLETED—Continued

Species Action

FL bonneted bat (LPN = 2) 3 ...... Proposed listing. 3 Southern FL plants ( semaphore cactus ( corallicola) (LPN = 2), shellmound Proposed listing. applecactus (Harrisia (=Cereus) aboriginum (=gracilis)) (LPN = 2), Cape Sable thoroughwort (Chromolaena frustrata) (LPN = 2)) 5. 21 Big Island (HI) species 5 (includes 8 candidate species—6 plants & 2 ; 4 with LPN = 2, 1 Proposed listing. with LPN = 3, 1 with LPN = 4, 2 with LPN = 8). 12 Puget Sound prairie species (9 subspecies of pocket gopher (Thomomys mazama ssp.) (LPN = 3), Proposed listing. streaked horned lark (LPN = 3), Taylor’s checkerspot (LPN = 3), Mardon skipper (LPN = 8)) 3. 2 TN River mussels (fluted kidneyshell (LPN = 2), slabside pearlymussel (LPN = 2)) 5 ...... Proposed listing. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

We also funded work on resubmitted endangered species. First, as the tables 10–377 (EGS), MDL Docket No. 2165 (D. petitions findings for 204 candidate above show, we are making expeditious DC May 10, 2011), and obtained the species (species petitioned prior to the progress by listing qualified species. In court’s approval. The Service has last CNOR). We did not include new FY 2011, we resolved the status of 29 already begun to implement that work information in our resubmitted petition species that we determined, or had plan, because we completed most of the finding for the Columbia Basin previously determined, qualified for work identified in the above tables in population of the greater sage-grouse in listing; for 27 of those 29 species, the accordance with the schedule set out in this notice, as the significance of the resolution was to add them to the lists that work plan. Columbia Basin DPS to the greater sage- of threatened and endangered species. We have endeavored to make our grouse will require further review and We also proposed to list an additional listing actions as efficient and timely as we will update our finding at a later 45 qualified species. possible, given the requirements of the date (see 75 FR 13910; March 23, 2010). Second, we are making expeditious relevant law and regulations, and We also did not include new progress by working on adding qualified constraints relating to workload and information in our resubmitted petition species to the lists. In FY 2011, we personnel. We are continually findings for the 64 candidate species for worked on developing final listing considering ways to streamline which we are preparing proposed listing determinations for an additional 17 processes or achieve economies of scale, determinations; see summaries below species, and proposed listing rules for such as by batching related actions regarding publication of these another 85 species. Although we have together. Given our limited budget for determinations (these species will not yet completed those actions, we are implementing section 4 of the ESA, the remain on the candidate list until a making expeditious progress towards actions described above collectively proposed listing rule is published). We doing so. constitute expeditious progress. also funded revised 12-month petition Third, we are making expeditious Although we have not been able to findings for the candidate species that progress to add qualified species to the resolve the listing status of many of the we are removing from candidate status, lists by identifying additional species candidates, several programs in the which are being published as part of that qualify for listing. In FY 2011, we Service contribute to the conservation of this CNOR (see Candidate Removals). completed 90-day petition findings for these species. In particular, the Because the majority of these species 480 species, and 12-month petition Candidate Conservation program, which were already candidate species prior to findings for 52 species. Of those 52 is separately budgeted, focuses on our receipt of a petition to list them, we species, we determined that listing of 26 providing technical expertise for had already assessed their status using of the species was warranted but developing conservation strategies and funds from our Candidate Conservation precluded. In FY 2011 we also worked agreements to guide voluntary on-the- Program. We also continue to monitor on 90-day findings for an additional 50 ground conservation work for candidate the status of these species through our species and 12-month findings for an and other at-risk species. The main goal Candidate Conservation Program. The additional 43 species. of this program is to address the threats cost of updating the species assessment Finally, the Service is making facing candidate species. Through this forms and publishing the joint expeditious progress to add qualified program, we work with our partners publication of the CNOR and species to the list by developing and (other Federal agencies, State agencies, resubmitted petition findings is shared beginning to implement a work plan Tribes, local governments, private between the Listing Program and the that establishes a framework and landowners, and private conservation Candidate Conservation Program. schedule for resolving by September 30, organizations) to address the threats to During FY 2011, we also funded work 2016, the status of all of the species that candidate species and other species at- on resubmitted petition findings for the Service had determined to be risk. We are currently working with our uplisting two listed species, for which qualified as of the 2010 Candidate partners to implement voluntary petitions were previously received. Notice of Review. The Service conservation agreements for more than Given the limited resources available submitted such a work plan to the U.S. 140 species covering 5 million acres of for listing, we find that we are making District Court for the District of habitat. In some instances, the sustained expeditious progress to add qualified Columbia in In re Endangered Species implementation of strategically species to the lists of threatened and Act Section 4 Deadline Litigation, No. designed conservation efforts

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66387

culminates in making listing wide array of natural and human and Micronesia, and it is the only unnecessary for species that are factors: low population size, restricted insectivorous bat recorded from a large candidates for listing or for which range, low fecundity, large distances part of this area. The species as a whole listing has been proposed. between occupied locations, and small (E. semicaudata) occurred on several of number of occupied locations. Such the Caroline Islands (, Chuuk, and Findings for Petitioned Candidate factors may make recolonization Pohnpei), (Independent and Species unlikely if any site is extirpated, and American), the Mariana Islands (Guam Below are updated summaries for may make the species vulnerable to and the Commonwealth of the Northern petitioned candidates for which we extinction due to genetic drift, Mariana Islands (CNMI)), Tonga, , published findings, under section inbreeding depression, extreme weather and Vanuatu. While populations appear 4(b)(3)(B). We are making continued events, and random or chance changes to be healthy in some locations, mainly warranted-but-precluded 12-month to the environment. Where the species in the Caroline Islands, they have findings on the petitions for these occurs in or near human dwellings or declined substantially in other areas, species (for our revised 12-month structures, it is at risk to persecution, including Independent and American petition findings for species we are removal, and disturbance. Disturbance Samoa, the Mariana Islands, Fiji, and removing from candidate status, see from humans, either intentional or possibly Tonga. Scientists recognize summaries above under ‘‘Candidate inadvertent, can take place at any of the four subspecies: E. s. rotensis, endemic Removals’’). occurrences of this bat on either private to the Mariana Islands (Guam and Mammals or conservation lands. Disturbance of CNMI); E. s. sulcata, occurring in Chuuk maternity roosts is of particular concern and Pohnpei; E. s. palauensis, found in Florida bonneted bat (Eumops due to the low fecundity and small Palau; and E. s. semicaudata, occurring floridanus)—The following summary is population of this species. Pesticide in American and Independent Samoa, based on information in our files. No applications may be affecting its Tonga, Fiji, and Vanuatu. This new information was presented in the foraging base, especially in coastal candidate assessment addresses the petition received on January 29, 2010. areas. distinct population segment (DPS) of E. Endemic to south Florida, this species Due to its overall vulnerability, s. semicaudata that occurs in American has been found at 12 locations, 5 on intense hurricanes are a significant Samoa. private land and 7 on public land. The threat; this threat is expected to E. s. semicaudata historically entire population may number less than continue or increase in the future. occurred in American and Independent a few hundred individuals. Results from Intense storms can cause mortality Samoa, Tonga, Fiji, and Vanuatu. It is a rangewide acoustical survey found a during the storm, exposure to predation extant in Fiji and Tonga, but may be small number of locations where calls immediately following the storm, loss of extirpated from Vanuatu and were recorded, and low numbers of calls roost sites, impacts on foraging areas Independent Samoa. There is some were recorded at each location. Few and insect abundance, and disruption of concern that it is also extirpated from active roost sites are known; all are the maternal period. Prolonged and , the location of this artificial (i.e., bat houses). Prolonged repeated periods of cold temperatures DPS, where surveys are currently cold temperatures in January and may have severe impacts on the ongoing to ascertain its status. The February 2010 affected one active roost. population and increase risks from other factors that led to the decline of this Additional cold temperatures occurred threats by weakening individuals, subspecies and the DPS are poorly in south Florida in December 2010. In extirpating colonies, or further reducing understood; however, current threats to the short term, severe and prolonged colony sizes. Although disease is a this subspecies and the DPS include cold events resulted in mortality of at significant threat for other bat species, it habitat loss, predation by introduced least several adult Florida bonneted is not known to be a threat for the species, and its small population size bats. The long-term effects of prolonged Florida bonneted bat at this time. The and distribution, which make the taxon and repeated cold events on the species protection currently afforded the Florida extremely vulnerable to extinction due are not known. Efforts are underway to bonneted bat is limited, provides little to typhoons and similar natural confirm presence at all previously protection to the species’ occupied catastrophes. Thus, since the threats documented sites. Additionally, a study habitat, and includes no provisions to affect the entire DPS, and would likely to determine the northern and southern protect suitable but unoccupied habitat be permanent, the threats are high in extent of the species’ range and estimate within the vicinity of known colony magnitude. The Pacific sheath-tailed bat overall abundance was initiated in 2011. sites. Overall, we find the magnitude of may also be susceptible to disturbance Occurrences are threatened by loss threats is high due to the severity of the to roosting caves. The LPN for E. s. and conversion of habitat to other uses threats to this species. We find that most semicaudata is 3 because the magnitude and habitat alteration (e.g., removal of of the threats are currently occurring of the threats is high; the threats are old with cavities, removal of and, consequently, overall, threats are ongoing, and therefore imminent; and manmade structures with suitable imminent. Therefore, we assigned an the taxon is a distinct population roosting sites); this threat is expected to LPN of 2 to this species. segment of a subspecies. continue and increase. Although Pacific sheath-tailed bat, American Pacific sheath-tailed bat (Emballonura occurrences on conservation lands are Samoa DPS (Emballonura semicaudata semicaudata rotensis), Guam and the inherently more protected than those on semicaudata)—The following summary Commonwealth of the Northern Mariana private lands, habitat alteration during is based on information contained in Islands (CNMI)—The following management practices may affect our files. No new information was summary is based on information natural roosting sites even on provided in the petition we received on contained in our files. No new conservation lands if Florida bonneted May 11, 2004. This small bat is a information was provided in the bats are present but undetected. member of the Emballonuridae, an Old petition we received on May 11, 2004. Therefore, occupied and potential World bat family that has an extensive This small bat is a member of the habitat on forested or wooded lands, distribution, primarily in the tropics. Emballonuridae, an Old World bat both private and public, continues to be The Pacific sheath-tailed bat was once family that has an extensive at risk. The species is vulnerable to a common and widespread in distribution, primarily in the tropics.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66388 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

The Pacific sheath-tailed bat was once the NEC has declined substantially, and historical range, the fisher is believed to common and widespread in Polynesia occurrences have become increasingly be extirpated or reduced to scattered and Micronesia, and it is the only separated. The species’ distribution is individuals from the lower mainland of insectivorous bat recorded from a large fragmented into five apparently isolated British Columbia through part of this area. E. s. rotensis is metapopulations. The area occupied by and northern Oregon and in the central historically known from the Mariana the cottontail has contracted from and northern Sierra Nevada in Islands and formerly occurred on Guam approximately 90,000 sq km to 12,180 California. Native extant populations of and in the CNMI on Rota, Aguiguan, sq km. Surveys indicate that the long- fisher are isolated to the North Coast of Tinian (known from prehistoric records term decline in NEC continues. For California, the Klamath-Siskiyou only), , and possibly Anatahan example, surveys for the species in 2009 Mountains of northern California and and Maug. Currently, E. s. rotensis documented the presence of NEC in southern Oregon, and the southern appears to be extirpated from all but one only 7 of the 23 New Hampshire Sierra Nevada in California. island in the Mariana archipelago. The locations that were known to be Descendents of a fisher reintroduction single remaining population of this occupied in 2002 and 2003. Similarly, effort also occur in the southern subspecies occurs on Aguiguan, CNMI. surveys in Maine found the species no Cascades in Oregon. The Washington Threats to this subspecies have not longer present in 9 of the 19 towns Department of Fish and Wildlife in changed over the past year. The primary identified in an extensive survey that conjunction with the Olympic National threats to the subspecies are ongoing spanned the years 2000 to 2004. Similar Park has completed the third year of a habitat loss and degradation as a result surveys were conducted during the reintroduction effort as the State’s first of feral (Capra hircus) activity on winter of 2010–2011 in Rhode Island, step in implementing their recovery the island of Aguiguan and the taxon’s but the results are not yet available. goals for fisher. The California small population size and limited Rangewide, it is estimated that less than Department of Fish and Game and other distribution. Predation by nonnative one third of the occupied sites occur on collaborators are in the second year of species and human disturbance are also lands in and fewer their translocation efforts into the potential threats to the subspecies. The than 10 percent are being managed for northern Sierra Nevada. Both of the subspecies is believed near the point early-successional forest species. reintroduction efforts still need several where stochastic events, such as The primary threat to the NEC is loss years to determine if populations are typhoons, are increasingly likely to of habitat through succession and successfully established. Estimates of affect its continued survival. The alteration. Isolation of occupied patches fisher numbers in native populations of disappearance of the remaining by areas of unsuitable habitat and high the West Coast DPS vary widely. A population on Aguiguan would result in predation rates are resulting in local rigorous monitoring program is lacking the extinction of the subspecies. Thus, extirpation of NECs from small patches. for the northern California-southwestern since the threats affect the entire The range of the NEC has contracted by Oregon and southern Oregon Cascades subspecies, and would likely be 75 percent or more since 1960, and populations, making estimates of fisher permanent, the threats are high in current land uses in the region indicate numbers for these two populations magnitude. The LPN for E. s. rotensis that the rate of change, about 2 percent difficult. The fisher monitoring program remains at 3 because the magnitude of range loss per year, will continue. in the southern Sierra Nevada the threats is high; the threats are Additional threats include competition population has provided preliminary ongoing, and therefore imminent; and for food and habitat with introduced estimates indicating no decline in the the taxon is a subspecies. eastern cottontails and large numbers of index of abundance within the New England cottontail (Sylvilagus native white-tailed deer, inadequate monitored portion of the population. transitionalis)—The following summary regulatory mechanisms to protect The two populations of native fisher in is based on information contained in habitat, and mortality from predation. the northern California southern Oregon our files and information received in The magnitude of the threats continues and southern Sierra Nevada are response to our notice published on to be high, because they occur separated by four times the species’ June 30, 2004, when we announced our rangewide and have a negative effect on maximum dispersal distance. The extant 90-day petition finding and initiation of the survival of the species. The threats fisher populations are either small a status review (69 FR 39395). We are imminent because they are ongoing. (southern Sierra Nevada and southern received the petition on August 30, Thus, we retained an LPN of 2 for this 2000. species. Conservation measures that Oregon Cascades) or isolated from one The New England cottontail (NEC) is address the threats to the species are another or both. a medium- to large-sized cottontail being developed. Major threats that fragment or remove rabbit that may reach 1,000 grams in Fisher, West Coast DPS (Martes key elements of fisher habitat include weight, and is one of two species within pennanti)—The following summary is various forest vegetation management the genus Sylvilagus occurring in New based on information in our files and in practices such as timber harvest and England. NEC is considered a habitat the Service’s initial warranted-but- fuels reduction treatments. Other specialist, in so far as it is dependent precluded finding published in the potential major threats in portions of the upon early-successional habitats Federal Register on April 8, 2004 (69 FR range include: Large stand-replacing typically described as thickets. The 18770). The fisher is a carnivore in the wildfires, changes in forest composition species is the only endemic cottontail in family Mustelidae, and is the largest and structure related to the effects of New England. Historically, the NEC member of the genus Martes. climate change, forest and fuels occurred in seven States and ranged Historically, the West Coast population management, and urban and rural from southeastern New York (east of the of the fisher extended south from British development. Threats to fishers that Hudson River) north through the Columbia into western Washington and lead to direct mortality and injury Champlain Valley, southern Vermont, Oregon, and in the North Coast Ranges, include: Collisions with vehicles; the southern half of New Hampshire, Klamath-Siskiyou Mountains, and predation; rodenticides; and viral borne and southern Maine and south Sierra Nevada in California. Because of diseases such as rabies, parvovirus, and throughout Massachusetts, Connecticut, a lack of detections with standardized canine distemper. Existing regulatory and Rhode Island. The current range of survey efforts over much of the fisher’s mechanisms on Federal, State, and

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66389

private lands do not provide sufficient continue to find that listing this species challenged by WildEarth Guardians in protection for the key elements of fisher is warranted but precluded as of the September of 2008. On September 30, habitat, or the certainty that date of publication of this notice. 2010, the Court set aside our 2008 conservation efforts will be effective or However, we are working on a proposed finding and remanded the matter back implemented. The magnitude of threats listing rule that we expect to publish to us for further action. The Court found is high as they occur across the range of prior to making the next annual that we arbitrarily and capriciously the DPS resulting in negative impacts on resubmitted petition 12-month finding. ‘‘determined that something other than fisher distribution and abundance. Canada lynx, within the State of New a species was an endangered or However, the threats are nonimminent Mexico (Lynx canadensis)—In our threatened species which warranted as the greatest long-term risks to the finding of December 17, 2009 (74 FR listing.’’ fisher in its west coast range are the 66937), we determined that adding the In response to the decision of the subsequent ramifications of the isolation lynx in New Mexico to the listing of the Court, we will reevaluate the status of of small populations and their lynx DPS was warranted, because the the Gunnison’s prairie dog and deliver interactions with the listed threats. lynx is now present in the state as a a revised 12-month finding to the Therefore, we assigned an LPN of 6 to result of the Colorado reintroduction Federal Register. However, we are this DPS. effort, and we assigned an LPN of 12 to currently unable to complete a status New Mexico meadow jumping mouse amending the listing of lynx to include review due to budget and workload (Zapus hudsonius luteus)—The New Mexico. We reconfirm that limitations. Furthermore, initiating a following summary is based on assigning an LPN of 12 is appropriate revised status review for the species information contained in our files and based on nonimminent threats of a low would be premature at this time because the petition we received on October 15, magnitude. The threats to the lynx in of a significant ongoing genetics study 2008. The New Mexico meadow New Mexico from human-caused initiated by the Colorado Division of jumping mouse (jumping mouse) is mortality are low in magnitude, because Wildlife (CDOW) addressing Gunnison’s endemic to New Mexico, Arizona, and they do not occur at a level that creates prairie dog . CDOW indicates a small area of southern Colorado. The a significant threat to the lynx DPS in preliminarily that this work strongly jumping mouse nests in dry soils but the contiguous United States. We do not supports the existence of genetic uses moist, streamside, dense, riparian/ consider lynx in New Mexico, or its differences between Gunnison’s prairie wetland vegetation. Recent genetic habitat in New Mexico, to be essential dogs in the montane and prairie studies confirm that the New Mexico to the survival or recovery of the DPS; portions of its range indicating that they meadow jumping mouse is a distinct as a result, neither human-caused may constitute two putative subspecies. subspecies from other Zapus hudsonius mortality nor habitat modification in We anticipate the analysis of these data subspecies, confirming the currently New Mexico occurs at a level such that will likely be completed by the fall of accepted subspecies designation. it creates a significant threat to the lynx 2011 and we will evaluate the The threats that have been identified DPS in the contiguous United States. information thereafter. It is critical for are excessive grazing pressure, water Potential impacts to the habitat in New us to consider this potentially use and management, highway Mexico have not been documented to significant taxonomic revision in our reconstruction, development, recreation, threaten lynx, either in New Mexico or revised status review after the CDOW and beaver removal. outside of it. The amount of suitable releases its final genetics report. Since the early to mid-1990s, over 100 habitat for lynx in New Mexico is Gunnison’s prairie dogs will remain a historical localities have been surveyed. considered negligible relative to the candidate within the montane portion of Currently only 25 are believed to be amount of habitat within the listed their range until we complete this extant including 1 in Colorado, 11 in range, and the majority of lynx habitats analysis. New Mexico (including one that is within the contiguous United States are Southern Idaho ground squirrel contiguous with another Colorado already protected by the Act. The (Spermophilus brunneus endemicus)— locality), and 13 in Arizona. Moreover, threats are also nonimminent, because The following summary is based on the highly fragmented nature of its they occur infrequently. Because lynx in information contained in our files. No distribution is also a major contributor the lower 48 are already listed as a DPS new information was provided in the to the vulnerability of this species and and conditions affecting the lynx in petition we received on May 11, 2004. increases the likelihood of very small, New Mexico are neither imminent nor The southern Idaho ground squirrel is isolated populations being extirpated. of sufficient magnitude to pose a threat endemic to four counties in southwest The insufficient number of secure to the lynx DPS throughout the Idaho; its total known range is populations, and the destruction, contiguous United States, the approximately 426,000 hectares modification, or curtailment of its appropriate LPN for this level of (1,050,000 acres). Threats to southern habitat, continue to pose the most magnitude and immediacy of threats is Idaho ground squirrels include: Habitat immediate threats to this species. 12. degradation and fragmentation; direct Because the threats affect the jumping Gunnison’s prairie dog (Cynomys killing from shooting, trapping, or mouse in all but two of the extant gunnisoni)—Gunnison’s prairie dogs poisoning; predation; competition with localities, and the populations are small occur in Arizona, Colorado, New Columbian ground squirrels; and and fragmented, the impact of the Mexico, and Utah. In our February 5, inadequacy of existing regulatory threats on the species is of high severity. 2008, 12-month finding (73 FR 6660), mechanisms. Habitat degradation and Thus, the threats are of a high we determined that listing the Gunnison fragmentation appear to be the primary magnitude. These threats are currently prairie dog was warranted but threats to the species. Nonnative occurring and, therefore, are imminent. precluded, with an LPN of 6, due to annuals now dominate much of this Thus, we continue to assign an LPN of threats in a significant portion of its species’ range, have changed the species 3 to this subspecies. range—the montane portion of the composition of vegetation used as forage Mazama pocket gopher (Thomomys species’ range within Colorado and New for the southern Idaho ground squirrel, mazama ssp. couchi, douglasii, Mexico—where the effects from plague and have altered the fire regime by glacialis, louiei, melanops, pugetensis, and other factors threaten those accelerating the frequency of wildfire. tacomensis, tumuli, yelmensis) — We populations. This finding was Nonnative annuals do not provide

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66390 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

consistent forage quality for southern Washington ground squirrel habitat in habitats. Wolverines naturally occur at Idaho ground squirrels as compared to portions of its range. Throughout much low densities, and require cold areas the native vegetation. Habitat of its range, Washington ground that maintain deep, persistent snow deterioration, destruction, and squirrels are threatened by the cover into the warm season for fragmentation contribute to the current establishment and spread of invasive successful denning. Within the patchy distribution of southern Idaho plant species, particularly cheatgrass, contiguous United States, which ground squirrels. However, some which alter available cover and food constitutes a DPS, wolverine habitat is human-altered landscapes, such as golf quantity and quality, and increase fire restricted to high-elevation areas in the courses and row crops of alfalfa, seem intervals. Additional threats include West. Their current distribution to provide habitat sufficient to maintain habitat fragmentation, recreational includes functioning populations in the high densities of southern Idaho ground shooting, genetic isolation and drift, and North Cascades Mountains and the squirrels. predation. Potential threats include northern Rocky Mountains, as well as Two candidate conservation disease, drought, and possible populations that have not yet agreements with assurances (CCAAs) competition with related species in reestablished in the southern Rocky have been completed for this species. disturbed habitat at the periphery of Mountains and the Sierra Nevada. The Both CCAAs include conservation their range. In Oregon, some threats are primary threat to this DPS is from measures that minimize ground- being addressed as a result of the State habitat and range loss due to climate disturbing activities, allow for the listing of this species, and by warming. Climate changes are predicted investigation of methods to restore implementation of the Threemile to reduce wolverine habitat and range currently degraded habitat, provide Canyon Farms Multi-Species CCAA. In by 23 percent over the next 30 years, additional protection to southern Idaho Washington, there are currently no and 63 percent over the next 75 years, ground squirrels from recreational formal agreements with private rendering remaining habitat shooting and other direct killing on landowners or with State or Federal significantly smaller and more enrolled lands, and also allow for the agencies to protect the Washington fragmented. This increased translocation of squirrels to or from ground squirrel. Additionally, no State fragmentation and isolation of enrolled lands, if necessary. The acreage or Federal management plans have been subpopulations is expected to limit the enrolled through these two CCAAs is developed that specifically address the regular dispersal of wolverines that is 38,000 ha (94,000 ac), or approximately needs of the species or its habitat. Since necessary to maintain genetic exchange 9 percent of the approximate known current and potential threats are and metapopulation dynamics. Other range. While the ongoing conservation widespread, and, in some areas, severe, secondary threats to the wolverine that efforts have helped to reduce the we conclude the magnitude of threats could work in concert with climate magnitude of threats to moderate, remains high. The Washington ground change include harvest, disturbance, habitat degradation remains the primary squirrel has both imminent and infrastructure, transportation corridors, threat to the species throughout most of nonimminent threats. At a range-wide and small effective population sizes. its range. This threat is imminent due to scale, we conclude the threats are The primary threat of habitat and range the ongoing and increasing prevalence nonimminent based largely on the loss due to climate change would affect of nonnative vegetation, and the current following: The CCAA addressed the wolverine habitat across the entire DPS patchy distribution of the species. Thus, imminent loss of a large portion of and, therefore, the magnitude of threats we assign an LPN of 9 to this habitat to agriculture; there are no other to the wolverine is high. However subspecies. large-scale efforts to convert suitable climate change has not yet had a Washington ground squirrel habitat to agriculture; and wind power detectable effect on the DPS to this (Spermophilus washingtoni)—The project impacts can be minimized point in time; the threat is following summary is based on nonimminent. Therefore, we have information contained in our files and through compliance with the Oregon State Endangered Species Act (OESA) assigned the wolverine contiguous U.S. in the petition we received on March 2, DPS an LPN of 6. 2000. The Washington ground squirrel and/or the Columbia Basin Ecoregion is endemic to the Deschutes-Columbia wind energy siting and permitting Birds Plateau sagebrush-steppe and grassland guidelines. We also consider the Spotless crake, American Samoa DPS communities in eastern Oregon and potential development of shooting (Porzana tabuensis)—The following south-central Washington. Although ranges on the Naval Weapons Systems summary is based on information widely abundant historically, recent Training Facility as nonimminent, contained in our files. No new surveys suggest that its current range because the proposed action is still information was provided in the has contracted toward the center of its being developed, making us unable to petition we received on May 11, 2004. historical range. Approximately two- assess its timing and impact, which Porzana tabuensis is a small, dark, thirds of the Washington ground could be minimized through cryptic rail found in wetlands and rank squirrel’s total historical range has been compliance with the OESA. We, scrub or forest in the Philippines, converted to agricultural and residential therefore, have retained an LPN of 5 for Australia, Fiji, Tonga, Society Islands, uses. The most contiguous, least- this species. Marquesas, Independent Samoa, and disturbed expanse of suitable habitat North American wolverine, American Samoa (Ofu, Tau). The genus within the species’ range occurs on a contiguous U.S. DPS (Gulo gulo Porzana is widespread in the Pacific, site owned by Boeing, Inc., and on the luscus)—The following summary is where it is represented by numerous Naval Weapons Systems Training based on information contained in our island-endemic and flightless species Facility near Boardman, Oregon. In files, in the petition received July 13, (many of which are extinct as a result Washington, the largest expanse of 2000 and in our initial warranted-but- of anthropogenic disturbances) as well known suitable habitat occurs on State precluded finding published in the as several more cosmopolitan species, and Federal lands. Federal Register on December 14, 2010 including P. tabuensis. No subspecies of Agricultural, residential, and wind (75 FR 78030). The wolverine is a P. tabuensis are recognized. power development, among other forms terrestrial that occurs in a wide The American Samoa population is of development, continue to eliminate variety of alpine, boreal, and arctic the only population of spotless crakes

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66391

under U.S. jurisdiction. The available is warranted, but precluded as of the relative abundance of this taxon in information indicates that distinct date of publication of this notice. American Samoa. The total population populations of the spotless crake, a However, we are working on a proposed size is poorly known, but is unlikely to species not noted for long-distance listing rule that we expect to publish number more than a few hundred pairs. dispersal, are definable. The population prior to making the next annual The distribution of the friendly ground- of spotless crakes in American Samoa is resubmitted petition 12-month finding. dove is limited to steep, forested slopes discrete in relation to the remainder of Friendly ground-dove, American with an open understory and a substrate the species as a whole, which is Samoa DPS (Gallicolumba stairi)—The of fine scree or exposed earth; this distributed in widely separated following summary is based on habitat is not common in American locations. Although the spotless crake information contained in our files. No Samoa. The threats are ongoing, and (and other rails) have dispersed widely new information was provided in the therefore imminent, and the magnitude in the Pacific, island rails have tended petition we received on May 11, 2004. is moderate because the relative to reduce or lose their power of flight The genus Gallicolumba is distributed abundance has remained the same for over evolutionary time and so become throughout the Pacific and Southeast several years. Thus, we assign this isolated (and vulnerable to terrestrial Asia. The genus is represented in the subspecies an LPN of 9. predators such as rats). The population oceanic Pacific by six species: Three are Streaked horned lark (Eremophila of this species in American Samoa is endemic to Micronesian islands or alpestris strigata)—We continue to find therefore distinct based on geographic archipelagos, two are endemic to island that listing this species is warranted, but and distributional isolation from groups in French Polynesia; and G. precluded as of the date of publication spotless crake populations on other stairi is endemic to Samoa, Tonga, and of this notice. However, we are working islands in the oceanic Pacific, the Fiji. Some authors recognize two on a proposed listing rule that we Philippines, and Australia. The subspecies of the friendly ground-dove, expect to publish prior to making the American Samoa population of the one, slightly smaller, in the Samoan next annual resubmitted petition 12- spotless crake links the Central and archipelago (G. s. stairi); and one in month finding. Eastern Pacific portions of the species’ Tonga and Fiji (G. s. vitiensis). However, Red knot (Calidris canutus rufa)—The range. The loss of this population would because morphological differences following summary is based on result in an increase of roughly 500 between the two are minimal, we are information contained in our files and miles (805 kilometers) in the distance not recognizing separate subspecies at information provided by petitioners. between the central and eastern this time. Four petitions to emergency list the red Polynesian portions of the spotless In American Samoa, the friendly knot have been received: one on August crake’s range, and could result in the ground-dove has been found on the 9, 2004, two others on August 5, 2005, isolation of the Marquesas and Society islands of Ofu and Olosega (Manua and the most recent on February 27, Islands populations by further limiting Group). Threats to this subspecies have 2008. The rufa subspecies is one of six the potential for even rare genetic not changed over the past year. recognized subspecies of red knot and exchange. Based on the discreteness and Predation by nonnative species and one of three subspecies occurring in significance of the American Samoa natural catastrophes such as hurricanes North America. This subspecies makes population of the spotless crake, we are the primary threats to the one of the longest distance migrations consider this population to be a distinct subspecies. Of these, predation by known in the animal kingdom, as it vertebrate population segment. nonnative species is thought to be travels between breeding areas in the Threats to this population have not occurring now and likely has been central Canadian Arctic and wintering changed over the past year. The occurring for several decades. This areas that are primarily in southern population in American Samoa is predation may be an important along the coast of threatened by small population size, impediment to increasing the and Argentina. They migrate along the limited distribution, predation by population. Predation by introduced Atlantic coast of the United States, nonnative and native animals, species has played a significant role in where they may be found from Maine to continued development of wetland reducing, limiting, and extirpating Florida. habitat, and natural catastrophes such as populations of island birds, especially The Delaware Bay area (in Delaware hurricanes. The co-occurrence of a ground-nesters like the friendly ground- and New Jersey) is the largest known known predator of ground-nesting birds, dove, in the Pacific and other locations spring migration stopover area, with far the Norway rat (Rattus norvegicus), and worldwide. Nonnative predators known fewer migrants congregating elsewhere native predators, including the Pacific or thought to occur in the range of the along the Atlantic coast. The boa (Candoia bibroni) and the purple friendly ground-dove in American concentration in the Delaware Bay area swamphen (Porphyrio porphyrio), along Samoa are feral cats (Felis catus), occurs from the middle of May to early with the extremely restricted observed Polynesian rats (Rattus exulans), black June, corresponding to the spawning distribution and low numbers, indicate rats (R. rattus), and Norway rats (R. season of horseshoe crabs. The knots that the magnitude of the threats to the norvegicus). feed on horseshoe crab eggs, rebuilding American Samoa DPS of the spotless In January 2004 and February 2005, energy reserves needed to complete crake continues to be high, because the hurricanes virtually destroyed the migrations to the Arctic and arrive on threats have a significant likelihood of habitat of G. stairi in the area on Olosega the breeding grounds in good condition. bringing about extinction on a short Island where the species had been most In the past, horseshoe crab eggs at time frame. The threats are ongoing, and frequently recorded. Although this Delaware Bay were so numerous that a therefore imminent. Based on this species has coexisted with severe storms red knot could dependably eat enough assessment of existing information for millennia, this example illustrates in 2 to 3 weeks to double its weight. about the imminence and high the potential for natural disturbance to Surveys at wintering areas and at magnitude of these threats, we assigned exacerbate the effects of anthropogenic Delaware Bay during spring migration the spotless crake an LPN of 3. disturbance on small populations. indicate a substantial decline in the red Yellow-billed cuckoo, western U.S. Consistent monitoring using a variety of knot in recent years. At the Delaware DPS (Coccyzus americanus)—We methods over the last 5 years yielded Bay area, peak counts between 1982 and continue to find that listing this species few observations and no change in the 1998 were as high as 95,360 individuals.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66392 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

Counts may vary considerably between resulting from reductions in horseshoe the concentration of red knots in the years. Some of the fluctuations can be crabs, which are harvested primarily for Delaware Bay areas and at a relatively attributed to predator-prey cycles on the use as bait and secondarily to support small number of wintering areas makes breeding grounds, and counts show that a biomedical industry. Commercial the species vulnerable to potential large- knots rebound from such reductions. harvest increased substantially in the scale events such as oil spills or severe Peak counts of red knots observed 1990s. Research shows that, since 1998, weather. Overall, we conclude that the during aerial surveys flown in Delaware a high proportion of red knots leaving threats, in particular the modification of Bay from 2004 to 2008 were consistently the Delaware Bay failed to achieve habitat through the effects, particularly below 16,000 birds, with an all time low threshold departure masses needed to of the past, harvesting of horseshoe of only 12,375 red knots found in 2007. fly to breeding grounds and survive an crabs, are severe enough to put the In recent years, the highest initial few days of snow cover, and this viability of the red knot at substantial concentrations of red knots at the corresponded to reduced annual risk and are therefore of a high Delaware Bay stopover have been survival rates and reduced reproductive magnitude. The threats are currently within Mispillion Harbor, Delaware, an success. Since 1999, to protect the occurring and therefore imminent area that has likely been undercounted Atlantic coast population of the because of continuing suppressed during past aerial surveys. horseshoe crab and to increase horseshoe-crab-egg forage conditions for Beginning in 2009, a new survey availability of horseshoe crab eggs in the red knot within the Delaware Bay methodology was implemented for the Delaware Bay for hemispheric migratory stopover. Based on imminent threats of Delaware Bay stopover area to include shorebird populations, a series of timing a high magnitude, we retain an LPN of ground counts that more accurately restrictions and substantially lower 3 for this species. reflect concentrations of red knots using harvest quotas have been adopted by the Yellow-billed loon (Gavia adamsii)— Mispillion Harbor and to include aerial Atlantic States Marine Fisheries The following summary is based on surveys of red knots using Atlantic Commission, as well as by the States of information contained in our files and coastal marshes near Stone Harbor, New New Jersey, Delaware, and Maryland. In the petition we received on April 5, Jersey. The highest count using the new March 2008, New Jersey passed 2004. The yellow-billed loon is a methodology showed 27,187 red knots legislation imposing a moratorium on migratory bird. Solitary pairs breed on in Delaware and 900 in New Jersey, for horseshoe crab harvest or landing lakes in the arctic tundra of the United a total count of 28,087 birds. Poor within the State until the red knot has States, Russia, and Canada from June to weather conditions in 2009 prevented fully recovered. September. During the remainder of the aerial surveys during the period when The reductions in commercial year, the species winters in more red knots were thought to be at a peak, horseshoe crab harvest by Atlantic southern coastal waters of the Pacific so no comparison with the past aerial coastal States since 1999 are substantial. and the Norway and North Seas. survey peak count method was possible. From 2004 to 2009, annual landings of During most of the year, individual While the number of red knots using horseshoe crabs have been reduced by yellow-billed loons are so widely Delaware Bay likely increased in 2009, over 70 percent from the reference dispersed that high adult mortality from much of the increase is attributed to period landings of the mid to late 1990s. any single factor is unlikely. However, improved survey methods and an For Delaware and New Jersey, horseshoe during migration, yellow-billed loons expanded area of coverage. In 2010, the crab landings for bait have decreased are more concentrated, and hundreds peak aerial count of red knots was from 726,660 reported in 1999, to a are likely subject to subsistence harvest, 14,475; however, flight delays and preliminary number of 102,659 in based on the best available information; scheduling issues prevented Delaware and none in New Jersey in the population could decline simultaneous aerial and ground counts, 2009. No horseshoe crabs have been substantially if such harvest continues. so aerial counts could not be calibrated. landed for bait in New Jersey since Future subsistence harvest in Alaska, by Further analysis is needed to correlate 2007, as a result of the State-imposed itself, constitutes a threat to the species peak counts using the new methodology harvest moratorium. In the Delaware rangewide. This subsistence harvest is with the past aerial-survey-only counts. Bay area, continued recruitment of occurring despite the species being Counts in recent years in South small horseshoe crabs has been closed to hunting under the Migratory America also are substantially lower observed, with a substantial increase in Bird Treaty Act (16 U.S.C. 703–712). In than in the past. In the mid-1980s, an numbers of the smallest sizes of addition, up to several hundred yellow- estimated 67,500 red knots were immature males and females in 2009 billed loons may be taken annually on observed from Tierra del Fuego, Chile, over previous years. The continued Russian breeding grounds, and small and along the coast of Argentina to increase in immature males and females numbers of yellow-billed loons may be northern Patagonia. Since 2003, the would be expected in a recovering taken in Canada. Other risk factors largest concentrations of red knots have population and suggests recent harvest evaluated were found to be threats to occurred at the principal wintering restrictions may be having the desired the species; these included oil and gas areas in Bahia Lomas and other portions effect, but it may be several more years development (i.e., disturbance, changes of Tierra del Fuego and southern until this increase is realized in in freshwater chemistry and pollutant Patagonia, with few birds found farther spawning age adults, as horseshoe crabs loads, and changes in freshwater north along the coast of Argentina. More need 8 to 10 years to reach sexual hydrology); pollution; overfishing; than 50,000 red knots were counted in maturity. climate change; vessel traffic; the principal winter areas in 1985 and Other identified threat factors include commercial- and subsistence-fishery 2000. Since 2005, fewer than 18,000 habitat destruction due to beach erosion bycatch; and contaminants other than have been counted within the same and various shoreline protection and those associated with oil and gas. area, with only 16,260 red knots stabilization projects that are affecting Although these other risk factors may observed in 2010. areas used by migrating knots for not rise to the level of a threat The primary threat to the red knot has foraging, the inadequacy of existing individually, when taken collectively been attributed to destruction and regulatory mechanisms, human with the effects of subsistence hunting modification of its habitat, particularly disturbance, and competition with other in other areas, they may reduce the the reduction in key food resources species for limited food resources. Also, rangewide population even further. The

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66393

primary threat of subsistence harvest is exception of cats and dogs on based on information contained in our currently occurring and one or more of Guadalupe Island. In 2002, rats were files. the threats discussed above is occurring eradicated from Anacapa Island in Lesser prairie-chicken (Tympanuchus throughout the range of the yellow- southern California, which has resulted pallidicinctus)—We continue to find billed loon, either in its breeding or in improvements in reproductive that listing this species is warranted, but wintering grounds, or during migration; success at that island. In southern precluded as of the date of publication therefore, the threats are imminent. The California, efforts to restore nesting of this notice. However, we are working magnitude of the primary threat to the habitat on Santa Barbara Island through on a proposed listing rule that we species, subsistence harvest, is the Montrose Settlements Restoration expect to publish prior to making the moderate. Although subsistence harvest Project may benefit the Xantus’s next annual resubmitted petition 12- is ongoing, the numbers taken have murrelet population at that island. month finding. varied substantially between years; Artificial lighting from squid fishing Gunnison sage-grouse (Centrocercus however, we have concerns about the and other vessels, or lights on islands, minimus)—We continue to find that accuracy and precision of the numbers remains a potential threat to the species. listing this species is warranted, but reported in harvest surveys. Thus, we Bright lights make Xantus’s murrelets precluded as of the date of publication assigned the yellow-billed loon an LPN more susceptible to predation, and they of this notice. However, we are working of 8. can also become disoriented and on a proposed listing rule that we Kittlitz’s murrelet (Brachyramphus exhausted from continual attraction to expect to publish prior to making the brevirostris)—See above in ‘‘Listing bright lights. Chicks can become next annual resubmitted petition 12- Priority Changes in Candidates.’’ The disoriented and separated from their month finding. above summary is based on information parents at sea, which could result in Greater sage-grouse (Centrocercus contained in our files. death of the dependent chicks. High- urophasianus)—The following summary Xantus’s murrelet (Synthliboramphus wattage lights on commercial market is based on information in our files and hypoleucus)—The following summary is squid (Loligo opalescens) fishing vessels in the petition we received on January based on information contained in our used at night to attract squid to the 30, 2002. Currently, greater sage-grouse files and the petition we received on surface of the water in the Channel occur in 11 States (Washington, Oregon, April 16, 2002. The Xantus’s murrelet is Islands was the suspected cause of California, Nevada, Idaho, Montana, a small seabird in the family Alcidae unusually high predation on Xantus’s Wyoming, Colorado, Utah, South that occurs along the west coast of North murrelets by western gulls (Larus Dakota, and North Dakota), and 2 America in the United States, Mexico, occidentalis) and barn owls (Tyto alba) Canadian provinces (Alberta and and Canada. The species has a limited at Santa Barbara Island in 1999. To Saskatchewan), occupying breeding distribution, only nesting on address this threat, in 2000, the approximately 56 percent of their the Channel Islands in southern California Fish and Game Commission historical range. Greater sage-grouse California and on islands off the west required light shields and a limit of depend on a variety of shrub-steppe coast of , Mexico. 30,000 watts per boat; it is unknown if habitats throughout their life cycle, and Although data on population trends are this is sufficient to reduce impacts. are considered obligate users of several scarce, the population is suspected to Since 1999, no significant squid fishing species of sagebrush. The primary threat have declined greatly over the last has occurred near any of the colonies in to greater sage-grouse is ongoing century, mainly due to predators such the Channel Islands; however, this fragmentation and loss of shrub-steppe as rats (Rattus sp.) and feral cats (Felis remains a potential future threat. habitats through a variety of catus) introduced to nesting islands, A proposal to build three liquid mechanisms. Most importantly, with possible extirpations on three natural gas facilities near the Channel increasing fire cycles and invasive islands in Mexico. A dramatic decline Islands could affect the nesting colonies plants (and the interaction between (up to 70 percent) from 1977 to 1991 due to bright lights at night from the them) in more westerly parts of the was detected at the largest nesting facility and visiting tanker vessels, noise range, along with energy development colony in southern California, possibly from the facilities or from helicopters and related infrastructure in more due to high levels of predation on eggs visiting the facilities, and the threat of easterly areas are negatively affecting by the endemic deer mouse (Peromyscus oil spills associated with visiting tanker species’ persistence. In addition, direct maniculatus elusus). Identified threats vessels. However, these facilities are loss of habitat and fragmentation is include introduced predators at nesting early in the complex and long-term occurring due to agriculture, colonies, oil spills and oil pollution, planning processes, and it is possible urbanization, and infrastructure such as reduced prey availability, human that none of these facilities will be built. roads and power lines built in support disturbance, and artificial light In addition, none of them is directly of several activities. We also have pollution. adjacent to nesting colonies, where the determined that existing regulatory Although substantial declines in the impacts would be expected to be more mechanisms are inadequate to protect Xantus’s murrelet population likely significant. The remaining threats to the the species from these ongoing threats. occurred over the last century, some of species are of a high magnitude, because However, many of these habitat impacts the largest threats are being addressed, they have the potential to compromise are being actively addressed through and, to some degree, ameliorated. the only nesting areas for the species. conservation actions taken by local Declines and possible extirpations at However, because the liquid natural gas working groups, and State and Federal several nesting colonies were thought to facilities are early in the planning agencies. Notably, the National have been caused by nonnative process and may not be completed and Resource Conservation Service has predators, which have been removed currently, little squid fishing vessels committed significant financial and from many of the islands where they occurs near the nesting colonies, the technical resources to address threats to once occurred. Most notably, since threats are nonimminent. Therefore, we this species on private lands through 1994, Island Conservation and Ecology retained a LPN of 5 for this species. their Sage-grouse Initiative. These Group has systematically removed rats, Sprague’s pipit (Anthus spragueii) efforts, when fully implemented, will cats, and dogs from every murrelet —See above in ‘‘Listing Priority Changes potentially provide important nesting colony in Mexico, with the in Candidates.’’ The above summary is conservation benefits to the greater sage-

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66394 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

grouse and its habitats. We consider the invalidity of the western sage-grouse Hawaiian population would cause a threats to the greater sage-grouse to be subspecies, we will now need to analyze significant gap in the distribution of the of moderate magnitude, because the the significance of the Columbia Basin band-rumped storm-petrel in the threats are not occurring with uniform DPS to the greater sage-grouse. As Pacific, and could result in the complete intensity or distribution across the wide priorities allow, the Service intends to isolation of the Galapagos and Japan range of the species at this time, and complete an analysis to determine if this populations without even occasional substantial habitat still remains to population continues to warrant genetic exchanges. Therefore, the support the species in many areas. The recognition as a DPS in accordance with population is both discrete and threats are imminent because the our Policy Regarding the Recognition of significant, and constitutes a DPS. species is currently facing them in many Distinct Vertebrate Population Segments The band-rumped storm-petrel portions of its range. Therefore, we (61 FR 4722; February 7, 1996). Until probably was common on all of the assigned the greater sage-grouse an LPN that time, the Columbia Basin DPS will main when of 8. remain a candidate for listing as a Polynesians arrived about 1,500 years Greater sage-grouse, Bi-State DPS separate population of sage-grouse. Even ago, based on storm-petrel bones found (Centrocercus urophasianus) — We if this population does not meet our in middens on the island of Hawaii and continue to find that listing this species DPS policy, the sage-grouse population in excavation sites on Oahu and is warranted, but precluded as of the in the Columbia Basin will remain a . Nesting colonies of this date of publication of this notice. candidate for listing as part of the species in the Hawaiian Islands However, we are working on a proposed process for listing the greater sage- currently are restricted to remote cliffs listing rule that we expect to publish grouse entity. on Kauai and Lehua Island and high- prior to making the next annual elevation lava fields on Hawaii. Band-rumped storm-petrel, Hawaii resubmitted petition 12-month finding. Vocalizations of the species were heard DPS (Oceanodroma castro)—The Greater sage-grouse, Columbia Basin in Haleakala Crater on Maui as recently following summary is based on DPS (Centrocercus urophasianus)—The as 2006; however, no nesting sites have information contained in our files and following summary is based on been located on the island to date. The the petition we received on May 8, information in our files and a petition, significant reduction in numbers and 1989. No new information was provided dated May 14, 1999, requesting the range of the band-rumped storm-petrel in the second petition received on May listing of the Washington population of is due primarily to predation by the western sage-grouse (C. u. phaios). 11, 2004. The band-rumped storm-petrel nonnative predators introduced by On May 7, 2001, we concluded that is a small seabird that is found in humans, including the domestic cat listing the Columbia Basin DPS of the several areas of the subtropical Pacific (Felis catus), small Indian mongoose western sage-grouse was warranted, but and Atlantic . In the Pacific, (Herpestes auropunctatus), common precluded by higher priority listing there are three widely separated barn owl (Tyto alba), black rat (Rattus actions (66 FR 22984); this population breeding populations: one in Japan, one rattus), Polynesian rat (R. exulans), and was historically found in northern in Hawaii, and one in the Galapagos. Norway rat (R. norvegicus), which occur Oregon and central Washington. Populations in Japan and the Galapagos throughout the main Hawaiian Islands, Following our May 7, 2001, finding, the are comparatively large and number in with the exception of the mongoose, Service received additional petitions the thousands, while the Hawaiian birds which is not established on Kauai. requesting listing actions for various represent a small, remnant population Attraction of fledglings to artificial other greater sage-grouse populations, of possibly only a few hundred pairs. lights, which disrupts their night-time including one for the nominal western Band-rumped storm-petrels are most navigation, resulting in collisions with subspecies, dated January 24, 2002, and commonly found in close proximity to building and other objects, and three for the entire species, dated June breeding islands. The three populations collisions with artificial structures such 18, 2002, and March 19 and December in the Pacific are separated by long as communication towers and utility 22, 2003. The Service subsequently distances across the ocean where birds lines are also threats. Erosion of nest found that the petition for the western are not found. Extensive at-sea surveys sites caused by the actions of nonnative subspecies did not present substantial of the Pacific have revealed a broad gap ungulates is a potential threat in some information (68 FR 6500; February 7, in distribution of the band-rumped locations. Efforts are under way in some 2003), and that listing the greater sage- storm-petrel to the east and west of the areas to reduce light pollution and grouse throughout its historical range Hawaiian Islands, indicating that the mitigate the threat of collisions, but was not warranted (70 FR 2244; January distribution of birds in the central there are no large-scale efforts to control 12, 2005). These two findings were Pacific around Hawaii is disjunct from nonnative predators in the Hawaiian challenged, and remanded to the other nesting areas. The available Islands. The threats are imminent Service for further consideration. In information indicates that distinct because they are ongoing, and they are response, we initiated a new rangewide populations of band-rumped storm- of a high magnitude because they can status review for the entire species (73 petrels are definable and that the severely affect the survival of this DPS FR 10218; February 26, 2008). On March Hawaiian population is distinct based throughout its range, leading to a 5, 2010, we found that listing of the on geographic and distributional relatively high likelihood of extinction. greater sage-grouse was warranted but isolation from other band-rumped Therefore, we assign this distinct precluded by higher priority listing storm-petrel populations in Japan, the population segment an LPN of 3. actions (75 FR 13910; March 23, 2010), Galapagos, and the Atlantic Ocean. A Elfin-woods warbler (Dendroica and it was added to the list of population also can be considered angelae)—The following summary is candidates. We also found that the discrete if it is delimited by based on information contained in our western subspecies of the greater sage- international boundaries that have files. No new information was provided grouse, the taxonomic entity on which differences in management control of in the petition we received on May 11, we based our DPS analysis for the the species. The Hawaiian population of 2004. Dendroica angelae, or elfin-woods Columbia Basin population, was no the band-rumped storm-petrel is the warbler, is a small, entirely black and longer considered a valid subspecies. In only population within U.S. borders or white warbler, distinguished by its light of our conclusions regarding the under U.S. jurisdiction. Loss of the white eyebrow stripe, white patches on

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66395

ear covers and neck, incomplete eye of threat to Dendroica angelae is low to Black pine snake (Pituophis ring, and black crown. The elfin-woods moderate because there is no indication melanoleucus lodingi)—The following warbler was at first thought to occur that the two populations of the elfin- summary is based on information only in high elevations at dwarf or elfin woods warbler are declining in contained in our files. No new forests, but it has since been found at numbers. The species can thrive in information was provided in the lower elevations including shade coffee disturbed and plantation habitats, petition we received on May 11, 2004. plantations and secondary forests. These although abundance of the species on There are historical records for the black birds build a compact cup nest, usually these habitats is lower than in primary pine snake from one parish in close to the trunk and well hidden habitats. Moreover, elfin-woods Louisiana, 14 counties in Mississippi, among the epiphytes of small trees. Its warblers appear to recover well, and in and 3 counties in Alabama west of the breeding season extends from March to a relatively short time, from damaging Mobile River Delta. Black pine snake June. Elfin-woods warblers forage in the effects of hurricanes to the forest surveys and trapping indicate that this middle part of trees, gleaning insects structure. Therefore, we assign a listing species has been extirpated from from leaves in the outer portion of tree priority number of 11 to Dendroica Louisiana and from four counties in crowns. The species has been angelae. Mississippi. Moreover, the distribution documented from four locations in of remaining populations has become Reptiles : Luquillo Mountains, Sierra highly restricted due to the destruction de Cayey, and the Commonwealth Northern Mexican Gartersnake and fragmentation of the remaining forests of Maricao and Toro Negro. (Thamnophis eques megalops)—The longleaf pine habitat within the range of However, it has not been recorded again following summary is based on the subspecies. Most of the known in Toro Negro and Sierra de Cayey, information contained in our files. The Mississippi populations are following the passing of Hurricane Hugo northern Mexican gartersnake generally concentrated on the DeSoto National in 1989. In 2003 and 2004, surveys were occurs in three types of habitat: (1) Forest. In Alabama, populations conducted for the elfin-woods warbler Ponds and cienegas; (2) lowland river occurring on properties managed by in the Carite Commonwealth Forest, riparian forests and woodlands; and (3) State and other governmental agencies, Toro Negro Forest, Guilarte Forest, upland stream gallery forests. Within as gopher tortoise mitigation banks or Bosque del Pueblo, Maricao Forest and the United States, the distribution of the wildlife sanctuaries, represent the best the El Yunque National Forest. These northern Mexican gartersnake has been opportunities for long-term survival of surveys only reported sightings at reduced by close to 90 percent, and it the subspecies there. Other factors Maricao Commonwealth Forest (778 occurs in fragmented populations affecting the black pine snake include individuals), and El Yunque National within the middle and upper Verde vehicular mortality and low Forest (196 individuals). River drainage, middle and lower Tonto reproductive rates, which magnify the The elfin-woods warbler is potentially Creek, and the upper Santa Cruz River, threats from destruction and threatened by habitat modification. as well as in a small number of isolated fragmentation of longleaf pine habitat Elfin-woods warblers have been wetland habitats in southeastern and increase the likelihood of local historically common in the elfin Arizona; its status in New Mexico is . Due to the imminent threats woodland of El Yunque National Forest uncertain. Within Mexico, the northern of high magnitude caused by the past and the Podocarpus forest type of Mexican gartersnake is distributed along destruction of most of the longleaf pine Maricao Commonwealth Forest. the Sierra Madre Occidental and the habitat of the black pine snake, and the Removal and replacement of this forest Mexican Plateau in the Mexican States continuing persistent degradation of the vegetation with infrastructure (e.g., of Sonora, Chihuahua, Durango, habitat that remains, we assigned an telecommunication towers, recreational Coahila, Zacatecas, Guanajuato, Nayarit, LPN of 3 to this subspecies. facilities) may have impacted the Hidalgo, Jalisco, San Luis Potosı´, Louisiana pine snake (Pituophis species in the past. Although this loss Aguascalientes, Tlaxacala, Puebla, ruthveni)—The following summary is of habitat has been permanent and Me´xico, Michoaca´n, Oaxaca, Veracruz, based on information contained in our restoration process would take a few and Quere´taro. The primary threat to the files and the petition we received on decades, present regulatory process at northern Mexican gartersnake is July 20, 2000, and updated through both the Commonwealth and Federal competition and predation from April 30, 2011. The Louisiana pine levels have reduced this threat. nonnative species such as sportfish, snake historically occurred in the fire- Unrestricted development within the El bullfrogs, and crayfish. Degradation and maintained longleaf pine ecosystem Yunque buffer zone needs to be elimination of its habitat and native within west-central Louisiana and addressed to determine the impact on prey base are also significant threats, extreme east-central Texas. The historic the migratory behavior of the species. most notably in areas where nonnative and ongoing loss of potential habitat Conversion of elfin-woods warbler species co-occur. Threats, particularly (via fire suppression, conversion to pine habitat (e.g., mature secondary forests, competition and predation by nonnative plantations, increases in the number young secondary forests, and shaded- species, are high in magnitude because and width of roads, and urbanization) coffee plantations) along the periphery they result in direct mortality or on private lands in the matrix between of the Maricao Commonwealth Forest to reduced reproductive capacity and may these extant populations reduces the marginal habitat (e.g., pastures, dry be irreversible in complex habitat. The potential for dispersal among remnant slope forests, residential rural forests, threats are ongoing and, therefore, populations and the potential for gallery forests, and unshaded coffee imminent. Thus, we retained an LPN of natural re-colonization of vacant plantations), has affected potential 3 for this subspecies. suitable habitat patches. The primary corridors for the elfin-woods warbler, Eastern massasauga rattlesnake threats coupled with the disruption of resulting in a reduced dispersal and (Sistrurus catenatus)—See above in natural fire regimes have reduced the expansion capability of the species. ‘‘Listing Priority Changes in Louisiana pine snake to seven isolated These threats are not imminent because Candidates.’’ The above summary is populations. Several of these remnant most of the range of the species is based on information contained in our populations may be vulnerable to within protected lands. The magnitude files. factors associated with low population

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66396 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

sizes and demographic isolation such as burning on several tracts of their we assign a LPN of 5 to this species. We reduced genetic heterozygosity. Because Bienville Parish property containing a find that listing this species is it is unlikely that corridors linking known Louisiana pine snake warranted throughout all its range. extant populations will be established, population. A habitat management plan Tucson shovel-nosed snake the loss of any extant population is for those sites was developed, and in (Chionactis occipitalis klauberi)—The likely to be permanent. Additional August of 2005, that landowner was Tucson shovel-nosed snake is a small, threats that may occur even within awarded a grant for continued habitat burrowing snake in the Colubridae quality Louisiana pine snake habitat improvement on that same property. family that occupied a roughly 35-mile- include mortality from on- and off-road Subsequently, that property has been wide swath running along the Phoenix- mortality, entanglement in erosion transferred to a new landowner. Tucson corridor in northeastern Pima, control devices installed in rights-of- Through the use of those grant funds southwestern Pinal, and eastern way, and intentional killing. Finally, the and voluntary investment, those private Maricopa Counties, Arizona. No Louisiana pine snake has an extremely landowners have converted lands to systematic surveys have been conducted low reproductive rate, thereby longleaf pine within those Core to assess the status of the subspecies magnifying the effects of the above Management Areas and completed throughout its range, but it has listed threats. Currently occupied prescribed burning. apparently disappeared from some habitat in Louisiana and Texas is The Louisiana Pine Snake areas. estimated to be approximately 163,000 Conservation Group consists of Threats to the Tucson shovel-nosed acres, with 53 percent occurring on representatives from a variety of snake include urban and rural public lands and 47 percent in private organizations having an interest in development; road construction, use, ownership. Louisiana pine snake conservation and and maintenance; concentration of solar Louisiana pine snake populations on includes approximately 90 individuals power facilities and transmission Federal lands have received increased representing State and Federal corridors; agriculture; wildfires; and management attention (via prescribed government, non-profit and private lack of adequate management and burning and thinning) in recent years, organizations, zoos, academia, and regulation. Comprehensive plans and as a result, the successional private landowners. This group has encompassing the entire range of the degradation of occupied and potential been holding annual stakeholder snake encourage large growth areas in habitat within these populations has meetings since 2003. At those meetings, the next 20 years and beyond. These been stabilized or reversed. stakeholders discuss issues and threats plans also call for an increase in roads Nonetheless, not all areas of occupied to the Louisiana pine snake, identify and transportation corridors, which habitat on Federal lands have received possible strategies to deal with those have been documented to affect the recent prescribed burning, and in the threats, report on land management snake through direct mortality. absence of adequate burning, Louisiana activities beneficial to stability or Additionally, development of solar pine snake habitat becomes degraded recovery, and discuss and share energy facilities and transmission via vegetative succession. The largest successful results. Five significant corridors throughout the State is being and perhaps most important extant actions have resulted from cooperative pursued, and demand for these facilities Louisiana pine snake population exists efforts of this group’s members: (1) will likely increase. Some of these on private industrial timberland. Completion of a threats assessment; (2) facilities are being considered within Although two conservation areas are development and completion of a the range of the Tucson shovel-nosed managed to benefit Louisiana pine landscape—scaled resources selection snake. Wildfires due to infestations of on this property, the majority of function model; (3) training and nonnative grasses in the snake’s habitat, the occupied habitat between the experimental testing of a scent dog to dominated by native plants not adapted conservation areas is threatened by land assist in survey efforts; (4) initiation of to survive wildfires, are likely to management activities (habitat an experimental captive breeding and increase in frequency and magnitude in conversion to short-rotation pine reintroduction program; and (5) the future as these invasive grasses plantations) that are expected to initiation of a DNA microsatellite study continue to spread rapidly. Regulations decrease habitat quality. The candidate that will help define genetic structure are not in place to minimize or mitigate conservation agreement (CCA) for the among populations. these threats to the Tucson shovel-nosed Louisiana pine snake which includes While the extent of Louisiana pine snake and its habitat, and, therefore, the Service, U.S. Forest Service, snake habitat loss has been great in the they are likely to put the snake at risk Department of Defense, Texas Parks and past and much of the remaining habitat of local extirpation or extinction. These Wildlife, and Louisiana Department of has been degraded, habitat loss does not threats, particularly those that lead to a Wildlife was completed in 2003, and is represent an imminent threat, primarily loss of habitat, are likely to reduce the currently being implemented. The CCA because the rate of habitat loss appears population of the Tucson shovel-nosed is designed to identify and establish to be declining on public lands. snake across its entire range. Given the management for the Louisiana pine However, all populations require active limited geographic distribution of this snake on Federal lands in Louisiana and habitat management, and the lack of snake and the fact that its entire range Texas, and provides a means for the adequate habitat remains a threat for lies within the path of development in partnering agencies to work several populations. The potential the foreseeable future, these threats are cooperatively on projects that avoid and threats to a large percentage of extant of high magnitude and are imminent. minimize impacts to the snake. It also Louisiana pine snake populations, Accordingly, we have assigned an LPN sets up a mechanism to exchange coupled with the likely permanence of of 3 for the Tucson shovel-nosed snake. information on successful management these effects and the species’ low Desert tortoise, Sonoran DPS practices and coordinate research fecundity and low population sizes, (Gopherus agassizii)—The following efforts. lead us to conclude that the threats have summary is based on information In 2001, the Service provided funds, significant effects on the survival of the contained in our files. Sonoran desert through the Private Stewardship Grant species and therefore remain high in tortoises are most closely associated Program, to a private landowner for magnitude. Thus, based on with Sonoran and Mojave desertscrub habitat restoration and prescribed nonimminent, high-magnitude threats, vegetation types, but may also be found

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66397

in other habitat types within their Sonoyta mud turtle occurs is one of the their continued existence throughout distribution and elevation range. They driest regions in the Southwest. Due to their historical range. Additionally, a occur most commonly on rocky, steep continued drought, irrigated agriculture, candidate conservation agreement with slopes and bajadas in paloverde-mixed and development in the region, surface assurances was completed in 2006, for cacti associations. Washes and valley water in the Rio Sonoyta can be the Owyhee subpopulation at Sam bottoms may be used in dispersal and, expected to dwindle further and Noble Springs, Idaho. Several habitat in some areas, as all or part of home therefore have a significant impact on enhancement projects have been ranges. Most Sonoran desert tortoises in the survival of this subspecies, which conducted throughout the range that Arizona occur between 904 to 4,198 feet may also be vulnerable to aerial have benefitted these populations. We (275 to 1280 meters) in elevation. The spraying of pesticides on nearby conclude that the threats are of Sonoran desert tortoise is distributed agricultural fields. We retained an LPN moderate magnitude, because the DPS is south and east of the Colorado River in of 3 for this subspecies because threats still widely distributed, and several Arizona in all counties except for are of a high magnitude and continue to regulatory mechanisms are benefitting Navajo, Apache, Coconino, and date, and therefore are imminent. the populations and working to reduce Greenlee Counties, south to the Rio Amphibians threats. Based on imminent threats of Yaqui in southern Sonora, Mexico. A moderate magnitude, we assigned an recently published paper on the genetics Columbia spotted frog, Great Basin LPN of 9 to this DPS of the Columbia of desert tortoise indicates this DPS (Rana luteiventris)—The following spotted frog. population should be treated as a summary is based on information contained in our files and the petition Mountain yellow-legged frog, Sierra separate species. We will be analyzing Nevada DPS (Rana muscosa)—The this new information, and will make we received on May 1, 1989. Currently, Columbia spotted frogs appear to be following summary is based on any necessary changes to the information contained in our files and nomenclature and LPN in the next widely distributed throughout southwestern Idaho, southeastern the petition received on February 8, candidate notice. 2000. Also see our 12-month petition Threats include nonnative plant Oregon, and northeastern and central finding published on January 16, 2003 species invasions and altered fire Nevada, but local populations within (68 FR 2283) and our amended 12- regimes; urban and agricultural this general area appear to be small and month petition finding published on development, and human population isolated from each other. Recent work June 25, 2007 (72 FR 34657). The growth; barriers to dispersal and genetic by researchers in Idaho and Nevada exchange; off-highway vehicles; roads have documented the loss of historically mountain yellow-legged frog inhabits and highways; historical ironwood and known sites, reduced numbers of the high elevation lakes, ponds, and mesquite tree harvest in Mexico; individuals within local populations, streams in the Sierra Nevada Mountains improper livestock grazing and declines in the reproduction of of California, from near 4,500 feet (ft) (predominantly in Mexico); those individuals. (1,370 meters (m)) to 12,000 ft (3,650 m). undocumented human immigration and Small, highly fragmented populations, The distribution of the mountain interdiction activities; illegal collection; characteristic of the majority of existing yellow-legged frog is from Butte and predation from feral dogs; human populations of Columbia spotted frogs Plumas Counties in the north to Tulare depredation and vandalism; drought; in the Great Basin, are highly and Inyo Counties in the south. A and climate change. Threats to the susceptible to extinction processes. separate population in southern Sonoran desert tortoise differ Threats to Columbia spotted frog California is already listed as geographically and are highly include poor management of habitat endangered (67 FR 44382; July 2, 2002). synergistic in their effects on the including water development, improper Based on mitochondrial DNA, population. The threats identified to grazing, mining activities, and morphological, and acoustic studies, affect the Sonoran desert tortoise nonnative species, all of which have Vredenburg et al. recently recognized currently or in the foreseeable future are contributed, and continue to contribute, two distinct species of mountain of high magnitude but, overall, are to the degradation and fragmentation of yellow-legged frog in the Sierra Nevada, nonimminent. Therefore, we assigned habitat. Emerging fungal diseases, such R. muscosa and R. sierrae. This an LPN of 6 to this population of desert as chytridiomycosis, and the spread of taxonomic distinction has been recently tortoise. parasites may be contributing factors to adopted by the American Society of Sonoyta mud turtle (Kinosternon Columbia spotted frog’s population Ichthyologists and Herpetologists, the sonoriense longifemorale)—The declines throughout portions of its Herpetologists’ League, and the Society following summary is based on range. Effects of climate change, such as for the Study of Amphibians and information contained in our files. No drought, and stochastic events, such as Reptiles. The Vredenburg study new information was provided in the fire, often have detrimental effects to determined that two species exist, as petition we received on May 11, 2004. small, isolated populations and can described by Camp in 1917, but have The Sonoyta mud turtle occurs in a often exacerbate existing threats. A 10- different geographical ranges than first spring and pond at Quitobaquito year conservation agreement and described. Camp described R. muscosa Springs on Organ Pipe Cactus National strategy was signed in September 2003 as only occurring in southern California. Monument in Arizona, and in the Rio for both the Northeast and the Toiyabe A recent study determined that R. Sonoyta and Quitovac Spring of Sonora, subpopulations in Nevada. The goals of muscosa also occurs in the southern Mexico. Loss and degradation of stream the conservation agreements are to portion of the Sierra Nevada and that R. habitat from water diversion and reduce threats to Columbia spotted frogs sierrae occurs both in the southern and groundwater pumping, along with its and their habitat to the extent necessary northern portions of the Sierra Nevada very limited distribution, are the to prevent populations from becoming with no range overlap. We accept the primary threats to the Sonoyta mud extirpated throughout all or a portion of taxonomic distinction of two species, turtle. Sonoyta mud turtles are highly their historical range and to maintain, and the taxonomic split between the aquatic and depend on permanent water enhance, and restore a sufficient mountain yellow-legged frogs in the for survival. The area of southwest number of populations of Columbia northern and central Sierra Nevada Arizona and northern Sonora where the spotted frogs and their habitat to ensure Mountains of California (Rana sierrae)

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66398 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

and the mountain yellow-legged frogs in The current distribution of the Sierra predation by nonnative fish and the southern Sierra Nevada and the Nevada mountain yellow-legged frog is introduced bullfrogs; competition with mountains of southern California (R. restricted primarily to public lands at bullfrogs and nonnative fish for habitat; muscosa) and we intend to propose this high elevations, including streams, and diseases, such as oomycete water taxonomic change in a proposed rule. In lakes, ponds, and meadow wetlands mold Saprolegnia and chytrid fungus the interim, we continue to recognize all located on national forests, including infections. The magnitude of threat is mountain yellow-legged frogs in the wilderness and non-wilderness on the high for this species because this wide Sierra Nevada Mountains of California forests, and national parks. In several range of threats to both individuals and as R. muscosa and as the candidate areas where detailed studies of the their habitats could seriously reduce or entity. effects of chytrid fungus on the eliminate any of these isolated Predation by introduced trout is the mountain yellow-legged frog are populations and further reduce the best-documented cause of the decline of ongoing, substantial declines have been species’ range and potential survival. the Sierra Nevada mountain yellow- observed over the past several years. For Habitat restoration and management legged frog, because it has been example, in 2007 surveys in Yosemite actions have not prevented population repeatedly observed that fishes and National Park, mountain yellow-legged declines. The threats are imminent mountain yellow-legged frogs rarely co- frogs were not detectable at 37 percent because each population is faced with exist. Mountain yellow-legged frogs and of 285 sites where they had been multiple ongoing and potential threats trout (native and nonnative) do co-occur observed in 2000–2002; in 2005 in as identified above. Therefore, we retain at some sites, but these co-occurrences Sequoia and Kings Canyon National an LPN of 2 for the Oregon spotted frog. probably are mountain yellow-legged Parks, mountain yellow-legged frogs Relict leopard frog (Lithobates frog populations with negative were not detected at 54 percent of sites onca)—See above in ‘‘Listing Priority population growth rates in the absence where they had been recorded 3 to 8 Changes in Candidates.’’ The above of immigration. To help reverse the years earlier. A compounding effect of summary is based on information decline of the mountain yellow-legged disease-caused extinctions of mountain contained in our files. frog, the Sequoia and Kings Canyon yellow-legged frogs is that Austin blind salamander (Eurycea National Parks have been removing recolonization may never occur because waterlooensis)—We continue to find introduced trout since 2001. Over streams connecting extirpated sites to that listing this species is warranted, but 18,000 introduced trout have been extant populations now contain precluded as of the date of publication removed from 11 lakes since the project introduced fishes, which act as barriers of this notice. However, we are working started in 2001. The lakes are to frog movement within on a proposed listing rule that we completely, to mostly, fish-free, and metapopulations. The most recent expect to publish prior to making the substantial mountain yellow-legged frog assessment of the species status in the next annual resubmitted petition 12- population increases have resulted. The Sierra Nevada indicates that mountain- month finding. California Department of Fish and Game yellow legged frogs occur at less than 8 Berry Cave salamander (Gyrinophilus (CDFG) has also removed or is in the percent of the sites from which they gulolineatus)—The following summary process of removing nonnative trout were historically observed. A group of is based on information in our files. We from a total of between 10 and 20 water prominent scientists further suggest a have no new information since this bodies in the Inyo, Humboldt-Toiyabe, 10-percent decline per year in the species was afforded candidate status Sierra, and El Dorado National Forests. number of remaining Rana mucosa. through our 12-month warranted-but- In the El Dorado National Forest, golden Based on threats that are imminent precluded finding published on March trout were removed from Leland Lake, (because they are ongoing) and high- 22, 2011 (76 FR 15919). The Berry Cave and attempts have been made to remove magnitude (because they significantly salamander is recorded from Berry Cave trout from two sites near Gertrude Lake, affect the survival of the DPS in Roane County; from Mud Flats, three lakes in the Pyramid Creek throughout its range), we continue to Aycock Spring, Christian, Meades watershed, and a tributary of Cole assign the population of mountain Quarry, Meades River, and Fifth Caves Creek; no data showing increase in yellow-legged frog in the Sierra Nevada in Knox County; from Blythe Ferry Cave mountain yellow-legged frogs at these an LPN of 3. in Meigs County; and from an unknown sites were available. Oregon spotted frog (Rana pretiosa)— cave in Athens, McMinn County, In California, chytridiomycosis, more The following summary is based on Tennessee. These cave systems are all commonly known as chytrid fungus information contained in our files and located within the Upper Tennessee (Batrachochytrium dendrobatidis) or the petition we received on May 4, River and Clinch River drainages. A Bd, has been detected in many 1989. Historically, the Oregon spotted total of 113 caves in Middle and East amphibian species, including the frog ranged from British Columbia to the Tennessee were surveyed from the time mountain yellow-legged frog within the Pit River drainage in northeastern period of April 2004 through June 2007, Sierra Nevada. Recent research has California. Based on surveys of resulting in observations of 63 Berry shown that this pathogenic fungus has historical sites, the Oregon spotted frog Cave salamanders. These surveys become widely distributed throughout is now absent from at least 76 percent concluded that Berry Cave salamander the Sierra Nevada, and that infected of its former range. The majority of the populations are robust at Berry and mountain yellow-legged frogs often die remaining Oregon spotted frog Mudflats Caves, where population soon after metamorphosis. Several populations are small and isolated. declines had been previously reported, infected and uninfected populations The threats to the species’ habitat and documented two new populations were monitored in Sequoia and Kings include development, livestock grazing, of Berry Cave salamanders at Aycock Canyon National Parks over multiple introduction of nonnative plant species, Spring and Christian caves. years, documenting dramatic declines vegetation succession, changes in Ongoing threats to this species and extirpations in infected but not in hydrology due to construction of dams include lye leaching in the Meades uninfected populations. In the summer and alterations to seasonal flooding, Quarry Cave as a result of past quarrying of 2005, 39 of 43 populations assayed in lack of management of exotic vegetation, activities, a proposed roadway with Yosemite National Park were positive predators, and poor water quality. potential to impact the recharge area for for chytrid fungus. Additional threats to the species are the Meades Quarry Cave system, urban

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66399

development in Knox County, water name, and referring to the Yosemite direct mortality; suppressing the quality impacts despite existing State toad accordingly in this document. immune system; disrupting breeding and Federal laws, and possibly Yosemite toads are most likely to be behavior, fertilization, growth or hybridization between spring found in areas with thick meadow development of young; and disrupting salamanders and Berry Cave vegetation or patches of low willows the ability to avoid predation. salamanders in Meades Quarry Cave. near or in water, and use There is no indication that any of These threats, coupled with confined burrows for overwintering and these threats are ongoing or planned; distribution of the species and apparent temporary refuge during the summer. therefore the threats are nonimminent. low population densities, leave the Breeding habitat includes the edges of In addition, as there are a number of Berry Cave salamander vulnerable to wet meadows, slow-flowing streams, substantial populations and these extirpation. We have determined that shallow ponds, and shallow areas of threats tend to have localized effects, the Berry Cave salamander faces lakes. The historic range of Yosemite the threats are moderate to low in imminent threats, and that the threats toads in the Sierra Nevada occurs from magnitude. We therefore retained an are of moderate magnitude, because the Blue Lakes region north of Ebbetts LPN of 11 for the Yosemite toad. some populations appear to be robust Pass (Alpine County) to south of Kaiser Black Warrior waterdog (Necturus and new populations are emerging. We Pass in the Evolution Lake/Darwin alabamensis)—The following summary have therefore assigned it an LPN of 8. Canyon area (Fresno County). The is based on information contained in Georgetown salamander (Eurycea historic elevational range of Yosemite our files. No new information was naufragia)—We continue to find that toads is 1,460 to 3,630 m (4,790 to provided in the petition we received on listing this species is warranted, but 11,910 ft). May 11, 2004. The Black Warrior precluded as of the date of publication The threats facing the Yosemite toad waterdog is a salamander that inhabits of this notice. However, we are working include cattle grazing, timber streams above the Fall Line within the on a proposed listing rule that we harvesting, recreation, disease, and Black Warrior River Basin in Alabama. expect to publish prior to making the climate change. Inappropriate grazing There is very little specific locality next annual resubmitted petition 12- has been shown to cause loss in information available on the historical month finding. vegetative cover and to destroy peat distribution of the Black Warrior Jollyville Plateau salamander (Eurycea layers in meadows, both of which lower waterdog as little attention was given to tonkawae)—We continue to find that groundwater tables and summer flows this species between its description in listing this species is warranted, but of surface water. This may increase the 1937 and the 1980s. At that time, there precluded as of the date of publication stranding and mortality of tadpoles, or were a total of only 11 known historical of this notice. However, we are working make these areas completely unsuitable records from four Alabama counties. on a proposed listing rule that we for Yosemite toads. Grazing can also Two of these sites have now been expect to publish prior to making the degrade or destroy moist upland areas inundated by impoundments. Extensive next annual resubmitted petition 12- used as non-breeding habitat by survey work was conducted in the month finding. Yosemite toads and collapse rodent 1990s to look for additional Salado salamander (Eurycea burrows used by Yosemite toads as populations. As a result of that work, chisholmensis)—We continue to find cover and hibernation sites. Timber the species was documented at 14 sites that listing this species is warranted, but harvesting and associated road in five counties. precluded as of the date of publication construction could severely alter the Water-quality degradation is the of this notice. However, we are working terrestrial environment and result in the biggest threat to the continued existence on a proposed listing rule that we reduction and occasional extirpation of of the Black Warrior waterdog. Most expect to publish prior to making the amphibian populations in the Sierra streams that have been surveyed for the next annual resubmitted petition 12- Nevada. Habitat gaps created by timber waterdog showed evidence of pollution month finding. harvest and road construction may act and many appeared biologically Yosemite toad (Anaxyrus canorus)— as dispersal barriers and contribute to depauperate. Sources of point and The following summary is based on the fragmentation of Yosemite toad nonpoint pollution in the Black Warrior information contained in our files and habitat and populations. Trails (foot, River Basin have been numerous and the petition we received on April 3, horse, bicycle, or off-highway motor widespread. Pollution is generated from 2000. See also our 12-month petition vehicle) compact soil in riparian habitat, inadequately treated effluent from finding published on December 10, 2002 which increases erosion, displaces industrial plants, sanitary landfills, (67 FR 75834). Yosemite toads are vegetation, and can lower the water sewage treatment plants, poultry moderately sized toads with females table. Trampling or the collapsing of operations, and cattle feedlots. Surface having black spots that are edged with rodent burrows by recreationists, pets, mining represents another threat to the white or cream, and set against a grey, and vehicles could lead to direct biological integrity of waterdog habitat. tan, or brown background. Males have a mortality of all life stages of the Runoff from old, abandoned coal mines nearly uniform coloration of yellow- Yosemite toad and disrupt the species’ generates pollution through green to olive drab to greenish brown. behavior. Various diseases have been acidification, increased mineralization, Yosemite toads have been grouped confirmed in Yosemite toads. Mass die- and sediment loading. The North River, within the genus ‘‘Bufo.’’ Recently, offs of amphibians have been attributed Locust Fork, and Mulberry Fork, all Frost et al. divided the ‘‘Bufo’’ genus to: Chytrid fungal infections of streams that this species inhabits, are on into three separate genera, assigning the metamorphs and adults; saprolegnia the Environmental Protection Agency’s North American toads to the genus fungal infections of eggs; iridovirus list of impaired waters. An additional Anaxyrus. This taxonomic distinction infection of larvae, metamorphs, or threat to the Black Warrior waterdog is has been recently adopted by the adults; and bacterial infections. the creation of large impoundments that American Society of Ichthyologists and Yosemite toads probably are exposed to have flooded thousands of square Herpetologists, the Herpetologists’ a variety of pesticides and other hectares of its habitat. These League, and the Society for the Study of chemicals throughout their range. impoundments are likely marginal or Amphibians and Reptiles, and we are Environmental contaminants could unsuitable habitat for the salamander. acknowledging the change in genus negatively affect the species by causing Suitable habitat for the Black Warrior

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66400 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

waterdog is limited, and available data Roundtail Chub (G. robusta), Headwater distribution of the species is highly indicate extant populations are small Chub, Flannelmouth Sucker reduced from its historic range. and their viability is questionable. This ( latipinnis), Little Colorado Currently, only six known wild situation is pervasive and problematic; River Sucker (Catostomus spp.), populations remain, but one of these is water-quality issues are persistent, and Bluehead Sucker (C. discobolus), and considered functionally extirpated. regulatory mechanisms are not Zuni Bluehead Sucker (C. discobolus Least chub also currently exist at several ameliorating these threats, although we yarrowi). The New Mexico Department genetic refuge sites. The species faces have no indication of population of Game and Fish has listed the threats from the effects of livestock declines, at present. Therefore, the headwater chub as endangered and grazing, which affects most least chub overall magnitude of the threat is created a recovery plan for the species: sites despite efforts to protect least chub moderate. Water-quality degradation in Colorado River Basin Chubs (Roundtail habitat with grazing enclosures and the Black Warrior basin is ongoing. Chub, Gila Chub (G. intermedia), and management plans. Least chub habitat Therefore, the threats are imminent. Headwater Chub) Recovery Plan, which also is affected by current and proposed Additional surveys, initiated in 2011, was approved by the New Mexico State future groundwater withdrawals, may clarify the status of populations in Game Commission on November 16, especially when combined with the the face of existing threats. We assigned 2006. Both Arizona’s agreement and threat of drought. These threats also act an LPN of 8 to this species. New Mexico’s recovery plan cumulatively with climate change to put recommend preservation and the least chub at further risk. Existing Fishes enhancement of extant populations and regulatory mechanisms are currently Headwater chub (Gila nigra)—The restoration of historical headwater-chub inadequate to regulate groundwater following summary is based on populations. The recovery and withdrawals and ameliorate their effects information contained in our files, in conservation actions prescribed by on least chub habitat. Nonnative the 12-month finding published in the Arizona’s and New Mexico’s plans, species, particularly , also Federal Register on May 3, 2006 (71 FR which we predict will reduce and are a continuing threat to least chub. 26007), and in the petition received remove threats to this species, will There is no known means of controlling November 9, 2009. The headwater chub require further discussions and mosquitofish, and they have already is a moderate-sized cyprinid fish. The authorizations before they can be caused the functional extirpation of one range of the headwater chub has been implemented. The recently completed wild least chub population. reduced by approximately 60 percent. Arizona Game and Fish Department In 1998, several State and Federal Twenty-three streams (125 miles (200 Sportfish Stocking Program’s agencies including the Service and the kilometers) of stream) are thought to be Conservation and Mitigation Program Utah Division of Wildlife Resources occupied out of 26 streams (312 miles contains significant conservation developed a Least Chub Conservation (500 kilometers) of stream) formerly actions for the headwater chub that will Agreement and Strategy, and formed the occupied in the Gila River Basin in be implemented over the next 10 years. Least Chub Conservation Team. Their Arizona and New Mexico. All remaining Although threats are ongoing, existing objectives are to eliminate or populations are fragmented and information indicates long-term significantly reduce threats to the least isolated, and threatened by a persistence and stability of existing chub and its habitat, and to ensure the combination of factors. populations. Currently 7 of the 23 extant continued existence of the species by Headwater chubs are threatened by stream populations are considered restoring and maintaining a minimum introduced, nonnative fish that prey on stable based on abundance and evidence number of least chub populations them and compete with them for food. of recruitment. We evaluated throughout its historic range. Recent Habitat destruction and modification information provided in the 2009 State-led least chub conservation have occurred and continue to occur as petition relating to our 2008 change in actions have included restoration of a result of dewatering, impoundment, LPN for the headwater chub from 2 to habitat affected by grazing, channelization, and channel changes 8 as part of our annual analysis. In reintroduction and range expansion, caused by alteration of riparian making that 2008 decision, we recognize nonnative removal, population vegetation and watershed degradation that we inadvertently relied on some monitoring, and working cooperatively from mining, grazing, roads, water information and did not consider other with landowners to conserve water and pollution, urban and suburban available information. Additional aquatic habitat. This group also has development, groundwater pumping, information will be available on recently begun a structured decision and other human actions. Existing population status and threats later in making modeling process that will regulatory mechanisms do not appear to 2011 that we will use to reassess the provide additional guidance for be adequate for addressing the impact of LPN for the headwater chub next year. conservation activities. nonnative fish and also have not We have retained an LPN of 8 for this Although grazing, groundwater removed or eliminated the threats that species at this time. withdrawal, and predation by nonnative continue to be posed through habitat Least Chub (Iotichthys species are high magnitude threats to degradation. The fragmented nature and phlegethontis)—The following summary some populations, they are of low rarity of existing populations makes is based on information contained in magnitude or nonexistent in other them vulnerable to other natural or our files and in the petition received populations. Therefore the threats to the manmade factors, such as drought and June 25, 2007. The least chub is a small, least chub are of moderate magnitude wildfire. Climate change is predicted to colorful fish species in Utah that follows overall. The threats are imminent worsen these threats through increased thermal patterns for habitat use. Least because they are identifiable and the aridity of the region, thus reducing chub use flooded, warmer, vegetated species is currently facing them in many stream flows and warming aquatic marsh areas to spawn in the spring, and portions of its range. Therefore, we have habitats, which makes the habitat more retreat to spring heads to overwinter as assigned the least chub an LPN of 7. suitable to nonnative species. the water recedes in the late summer Roundtail chub (Gila robusta), Lower The Arizona Game and Fish and fall. Historically, many least chub Colorado River DPS—The following Department has finalized the Arizona occurrences were reported across the summary is based on information Statewide Conservation Agreement for State of Utah, but the current contained in our files and the 12-month

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66401

finding published in the Federal conservation actions prescribed by the development, spills, and runoff are not Register on July 7, 2009 (74 FR 32352). Arizona and New Mexico plans, which currently affecting the species The roundtail chub is a moderate to we predict will reduce and remove rangewide. Thus, we are retaining an large cyprinid fish. The range of the threats to this species, will require LPN of 11 for the Arkansas darter. roundtail chub has been reduced by further discussions and authorizations Pearl darter (Percina aurora)—The approximately 68 to 82 percent. Thirty- before they can be implemented, following summary is based on two streams are currently occupied, although some actions have been information contained in our files. Little representing approximately 18 to 32 completed and several are planned for is known about the specific habitat percent of the species’ former range, or the immediate future. The recently requirements or natural history of the 800 km (500 miles) to 1,350 km (840 mi) completed Arizona Game and Fish Pearl darter. Pearl darters have been of 3,050 km (1,895 mi) of formerly Department Sportfish Stocking collected from a variety of river/stream occupied streams in the Gila River Basin Program’s Conservation and Mitigation attributes, mainly over gravel bottom in Arizona and New Mexico. Most of the Program contains significant substrate. This species is historically remaining populations are fragmented conservation actions for the roundtail known only from localized sites within and isolated, and all are threatened by chub that will be implemented over the the Pascagoula and Pearl River a combination of factors. next 10 years. drainages in Mississippi and Louisiana. Roundtail chub are threatened by Although threats are ongoing, existing Currently, the Pearl darter is considered introduced, nonnative fish that prey on information indicates long-term extirpated from the Pearl River drainage them and compete with them for food. persistence and stability of existing and rare in the Pascagoula River Habitat destruction and modification populations. Currently, 9 of the 32 drainage. Since 1983, the range of the have occurred and continue to occur as extant stream populations are Pearl darter has decreased by 55 a result of dewatering, impoundment, considered stable, based on abundance percent. channelization, and channel changes and evidence of recruitment. Based on The Pearl darter is vulnerable to caused by alteration of riparian our assessment, threats (primarily nonpoint source pollution caused by vegetation and watershed degradation nonnative species and habitat loss from urbanization and other land use from mining, grazing, roads, water land uses) remain imminent and are of activities; gravel mining and resultant pollution, urban and suburban a moderate magnitude. Thus, we have changes in river geomorphology, development, groundwater pumping, retained an LPN of 9 for this distinct especially head cutting; and the and other human actions. Existing population segment. possibility of water quantity decline regulatory mechanisms do not appear to Arkansas darter (Etheostoma from the proposed Department of be adequate for addressing the impact of cragini)—The following summary is Energy Strategic Petroleum Reserve nonnative fish and also have not based on information contained in our project and a proposed dam on the removed or eliminated the threats that files. No new information was provided Bouie River. Additional threats are continue to be posed through habitat in the petition we received on May 11, posed by the apparent lack of adequate destruction or modification. The 2004. This fish species occurs in State and Federal water quality fragmented nature and rarity of existing Arkansas, Colorado, Kansas, Missouri, regulations due to the continuing populations makes them vulnerable to and Oklahoma. The species is found degradation of water quality within the other natural or manmade factors, such most often in sand- or pebble-bottomed species’ habitat. The Pearl darter’s as drought and wildfire. Climate change pools of small, spring-fed streams and localized distribution and apparent low is predicted to worsen these threats marshes, with cool water and population numbers may indicate a through increased aridity of the region, broadleaved aquatic vegetation. Its species with lower genetic diversity, thus reducing stream flows and current distribution is indicative of a and this would also make the species warming aquatic habitats, which makes species that once was widely dispersed more vulnerable to catastrophic events. the habitat more suitable to nonnative throughout its range, but has been Threats affecting the Pearl darter are species. relegated to isolated areas surrounded localized in nature, affecting portions of The Arizona Game and Fish by unsuitable habitat that prevents the population within the drainage; Department has finalized the Arizona dispersal. Factors influencing the thus, a threat magnitude of moderate to Statewide Conservation Agreement for current distribution include: Surface low is assigned for this species. In Roundtail Chub, Headwater Chub (G. and groundwater irrigation resulting in addition, the threats are imminent nigra), Flannelmouth Sucker decreased flows or stream dewatering; because the identified threats are (Catostomus latipinnis), Little Colorado the dewatering of long reaches of currently affecting this species in some River Sucker (Catostomus spp.), riverine habitat necessary for species portions of its range. Therefore, we have Bluehead Sucker (C. discobolus), and movement when surface flows do occur; assigned an LPN of 8 for this species. Zuni Bluehead Sucker (C. discobolus conversion of prairie to cropland, which Arctic grayling, Upper Missouri River yarrowi). The New Mexico Department influences groundwater recharge and DPS (Thymallus arcticus)—The of Game and Fish lists the roundtail spring flows; water quality degradation following summary is based on chub as endangered and has created a from a variety of sources; and the information contained in our files. This recovery plan for the species: Colorado construction of dams, which act as fish species has a broad, nearly River Basin Chubs (Roundtail Chub, barriers preventing emigration upstream circumpolar distribution, occurring in a Gila Chub (G. intermedia), and and downstream through the reservoir variety of cold-water habitats including Headwater Chub) Recovery Plan, which pool. The magnitude of threats facing small streams, large rivers, lakes, and was approved by the New Mexico State this species is moderate to low, given even bogs. We determined in our Game Commission on November 16, the number of different locations where September 8, 2010, status review (75 FR 2006. Both the Arizona Agreement and the species occurs and the fact that no 54708) that the upper Missouri River the New Mexico Recovery Plan single threat or combination of threats population of arctic grayling in Montana recommend preservation and affects more than a portion of the and Wyoming represents a DPS because enhancement of extant populations and widespread population occurrences. it is discrete due to geographic restoration of historical roundtail chub Overall, the threats are nonimminent as separation and genetic differences, and populations. The recovery and groundwater pumping is declining and it is significant to the taxon as a whole.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66402 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

The historical range of Arctic grayling in activities; run-off and discharge of information indicates that the the upper Missouri River basin has organic and inorganic pollutants from population upstream of Possum declined dramatically in the past industrial, municipal, agricultural, and Kingdom Reservoir is apparently stable, century. The five remaining indigenous other point and nonpoint sources; while the downstream population may populations are isolated from one habitat alterations associated with be extirpated, representing a 69-percent another by dams or other factors. channelization and instream dredging/ reduction of its historical range. All populations face potential threats mining activities; and other natural and The most significant threat to the from competition with and predation by human-related factors that adversely existence of the sharpnose shiner is nonnative trout, and most populations modify the aquatic environment (e.g., reservoir development within its current face threats resulting from the alteration illegal dumping, introduction of range. The current water plan for Texas of their habitats, such as habitat invasive predators, drought, flooding). provides several reservoir options that fragmentation from dams or irrigation The sicklefin redhorse’s limited could be implemented within the diversion structures, stream dewatering, distribution make the species extremely Brazos River drainage. Additional high summer water temperatures, loss of vulnerable to the effects from single threats include irrigation and water riparian habitats, and entrainment in catastrophic events (such as toxic diversion, sedimentation, desalination, irrigation ditches. Severe drought likely chemical spills, major sedimentation industrial and municipal discharges, also affects all populations by reducing events, channel modification, etc.) and agricultural activities, instream sand water availability and reducing the the cumulative effects of lesser impacts and gravel mining, and the spread of extent of thermally suitable habitat. to the species habitat and numbers. invasive saltcedar. The current limited Projected climate changes will likely Although the majority of the streams distribution of the sharpnose shiner influence the severity and scope of these still occupied by the species occur in within the Upper Brazos River Basin threats in the future. As applied, areas that are presently primarily rural, makes it vulnerable to catastrophic existing regulatory mechanisms do not many of the communities within the events such as the introduction of appear to be adequate to address the watersheds of these streams are competitive species or prolonged primary threats to arctic grayling. In experiencing increasing development drought. The magnitude of threat is addition, four of five populations are at pressure, both commercial and considered high as reservoir risk from random environmental residential, and continue to develop and development within the species’ current fluctuations and genetic drift due to implement plans for upgrading and range may render remaining habitat their low abundance and isolation. The improving their infrastructure (e.g., unsuitable. The immediacy of threat is magnitude of these threats is high roads, water supplies, sewer/wastewater nonimminent because the most because one or more of these threats treatment systems, etc.) to provide for significant threat—major reservoir occurs in each known population in the increased densities of development. construction—is not likely to occur in Missouri River basin. The threats are Because of the effects this development the near future, and there is potential for imminent because they are currently can have on water quality and habitat implementing other water supply occurring and expected to continue in suitability for the sicklefin, along with options that could preclude reservoir the foreseeable future. Therefore, we its restricted distribution, the magnitude development. For these reasons, we have assigned the upper Missouri River of the threat to the species is high; assigned an LPN of 5 to this species. DPS of arctic grayling an LPN of 3. however, although the threats faced by Smalleye shiner (Notropis buccula)— Sicklefin redhorse (Moxostoma sp.)— the sicklefin redhorse are significant, it The following summary is based on The following summary is based on is not anticipated that the species will information contained in our files. No information contained in our files. No be subjected to these threats in the new information was provided in the new information was provided in the immediate future (within the next 1 to petition we received on May 11, 2004. petition we received on April 20, 2010. 2 years) and the immediacy of the The smalleye shiner is a small, pallid The sicklefin redhorse, a freshwater threats thus remains nonimminent. minnow endemic to the Brazos River fish, occupies cool to warm, moderate Accordingly, we have assigned an LPN Basin in Texas. Smalleye shiners were gradient creeks and rivers; during parts of 5 to this species. historically known to occur downstream of its early life stages, it also occupies Grotto sculpin (Cottus sp., sp. nov.)— of the three major reservoirs occurring the near-shore areas in large reservoirs. We continue to find that listing this on the Brazos River. Currently, the It feeds and spawns in gravel, cobble, species is warranted, but precluded as species is found upstream of Possum and boulder substrates with no, or very of the date of publication of this notice. Kingdom Reservoir (Upper Brazos River little, silt overlay. There are only two However, we are working on a proposed drainage) and may be extirpated from metapopulations of the species known listing rule that we expect to publish the downstream reach, representing a to survive: one in the Hiwassee River prior to making the next annual 54-percent reduction of its historical system in North Carolina and Georgia, resubmitted petition 12-month finding. range. and one in the Little Tennessee River Sharpnose shiner (Notropis The most significant threat to the system in North Carolina. oxyrhynchus)—The following summary existence of the smalleye shiner is All of the surviving occurrences of the is based on information contained in reservoir development within its current sicklefin redhorse continue to be our files. No new information was range. The current water plan for Texas restricted to relatively short reaches of provided in the petition we received on provides several reservoir options that the streams they occupy and expansion May 11, 2004. The sharpnose shiner is could be implemented within the of the populations is to a large degree a small, slender minnow, endemic to Brazos River drainage. Additional prohibited by existing hydropower the Brazos River Basin in Texas. threats include irrigation and water dams and in several cases cold-water Historically, the sharpnose shiner diversion, sedimentation, desalination, discharges from hydroelectric dam existed throughout the Brazos River and industrial and municipal discharges, operations. Other impacts and threats to several of its major tributaries. It has agricultural activities, instream sand the species and its habitat include: also been found in the Wichita River and gravel mining, and the spread of Siltation resulting from inadequate (within the Red River Basin) where it invasive saltcedar. The current limited erosion/sedimentation control during may have once naturally occurred, but distribution of the smalleye shiner agricultural, timbering, and construction has since been extirpated. Current within the Upper Brazos River drainage

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66403

makes it vulnerable to catastrophic The New Mexico Department of Game is occurring to assess the effects of events such as the introduction of and Fish developed a recovery plan for climate change on this subspecies, and competitive species or prolonged Zuni bluehead sucker, which was agencies are working to restore drought. State law does not provide approved by the New Mexico State historically occupied streams and protection for the smalleye shiner. The Game Commission on December 15, develop a conservation plan to direct magnitude of threat is considered high, 2004. The recovery plan recommends conservation. The threats are of as reservoir development within the preservation and enhancement of extant moderate magnitude because there is species’ current range may render populations and restoration of historical good distribution and a comparatively remaining habitat unsuitable. The Zuni bluehead sucker populations. We large number of populations across the immediacy of threat is nonimminent predict that the recovery actions landscape, some populations have few because the most significant threat— prescribed by the recovery plan will threats present, and in other areas major reservoir construction—is not reduce and remove threats to this management actions are being taken to likely to occur in the near future, and subspecies, but these actions will help control the threat of nonnative there is potential for implementing require further development and trout. Overall, the threats are ongoing other water supply options that could authorization before they can be and, therefore, imminent. Based on preclude reservoir development. For implemented and threats are reduced. imminent threats of moderate these reasons, we assigned a LPN of 5 Because of the ongoing (imminent) magnitude, we assigned an LPN of 9 to to this species. threats of high magnitude, including this subspecies. Zuni bluehead sucker (Catostomus loss of habitat (historical and current Clams discobolus yarrowi)—The following from beaver activity), degradation of summary is based on information remaining habitat (nonnative species Texas hornshell (Popenaias popei)— contained in our files. No new and land development), drought, fire, The following summary is based on information was provided in the and climate change, we maintained an information contained in our files and petition we received on May 11, 2004. LPN of 3 for this subspecies. information provided by the New The Zuni bluehead sucker is a colorful Rio Grande cutthroat trout Mexico Department of Game and Fish fish less than 20 centimeters (8 inches) (Oncorhynchus clarki virginalis)—The and Texas Parks and Wildlife long. The range of the Zuni bluehead following summary is based on Department. The Texas hornshell is a sucker has been reduced by over 95 information contained in our files and freshwater mussel found in the Black percent. The Zuni bluehead sucker our status review published on May 14, River in New Mexico, and in the Rio currently occupies 4.8 river kilometers 2008 (73 FR 27900). Rio Grande Grande and the Devils River in Texas. (3 miles) in three headwater streams of cutthroat trout is one of 14 subspecies Until March 2008, the only known the Rio Nutria in New Mexico, and of cutthroat trout found in the western extant populations were in New potentially occurs in 44 river kilometers United States. Populations of this Mexico’s Black River and one locality in (27.5 miles) in the Kinlichee drainage of subspecies are in New Mexico and the Rio Grande near Laredo, Texas. In Arizona. However, the number of Colorado in drainages of the Rio Grande, March 2008, two new localities were occupied miles in Arizona is unknown, Pecos, and Canadian Rivers. Although confirmed in Texas: one in the Devils and the genetic composition of these once widely distributed in connected River, and one in the mainstem Rio fish is still under investigation. stream networks, Rio Grande cutthroat Grande in the Rio Grande Wild and Zuni bluehead sucker’s range trout populations now occupy about 10 Scenic River segment downstream of reduction and fragmentation is caused percent of historical habitat, and the Big Bend National Park. In 2011, the Rio by discontinuous surface-water flow, populations are fragmented and isolated Grande population near Laredo was introduced species, and habitat from one another. The majority of resurveyed and found to be large and degradation from fine sediment populations occur in high-elevation robust. deposition. The Zuni bluehead sucker streams. The primary threats to this species are persists in very small creeks that are Major threats include the loss of habitat alterations such as streambank subject to very low flows and drying suitable habitat that has occurred and is channelization, impoundments, and during periods of drought. Because of likely to continue occurring due to diversions for agriculture and flood climate change (warmer air water diversions, dams, stream drying, control, including a proposed low-water temperatures), streamflow is predicted habitat quality degradation, and, diversion dam just downstream of the to decrease in the Southwest. Warmer changes in hydrology; introduction of Rio Grande population near Laredo; winter and spring temperatures cause an nonnative trout and ensuing contamination of water by oil and gas increased fraction of precipitation to fall competition, predation, and activity; alterations in the natural as rain, resulting in a reduced snow hybridization; and whirling disease. In riverine hydrology; and increased pack, an earlier snow melt, and a longer addition, average air temperatures in the sedimentation and flood pulses from dry season leading to decreased Southwest have increased about 1 °C prolonged overgrazing and loss of native streamflow in the summer and a longer (2.5 °F) in the past 30 years, and they vegetation. Although riverine habitats fire season. These changes would have are projected to increase by another 1.2 throughout the species’ known occupied a negative effect on Zuni bluehead to 2.8 °C (3 to 7 °F) by 2050. Because range are under constant threat from sucker. Another major impact to trout require cold water, and water these ongoing or potential activities, populations of Zuni bluehead sucker temperatures depend in large part on air numerous conservation actions that will was the application of fish toxicants temperature, there is concern that the benefit the species are under way in through at least two dozen treatments in habitat of Rio Grande cutthroat trout New Mexico, including the completion the Rio Nutria and Rio Pescado between will further decrease in response to of a State recovery plan for the species 1960 and 1975. Large numbers of Zuni warmer water temperatures caused by and the drafting of a candidate bluehead suckers were killed during climate change. Wildfire and drought conservation agreement with these treatments. The Zuni bluehead (stream drying) are additional threats to assurances, and are beginning in Texas sucker is most likely extirpated from Rio Rio Grande cutthroat trout populations on the Big Bend reach of the Rio Pescado, as not one has been collected that are likely to increase in magnitude Grande. Due to these ongoing from that river since 1993. in response to climate change. Research conservation efforts, and because at

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66404 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

least one of the populations appears to populations, gravel mining, municipal (impoundments, sedimentation, small be robust, the magnitude of the threats pollutants, agricultural runoff, nutrient population size, isolation of is moderate. However, the threats to the enrichment, and coal processing populations, gravel mining, municipal species are ongoing, and remain pollution) that result in mortality or pollutants, agricultural runoff, nutrient imminent. Thus, we maintained the reduced reproductive output. As the enrichment, and coal processing LPN of 8 for this species. threats are ongoing, they are imminent. pollution) that result in mortality or Fluted kidneyshell ( We assigned an LPN of 2 to this mussel reduced reproductive output. As the subtentum)—The following summary is species. threats are ongoing, they are imminent. based on information contained in our Neosho mucket ( We assigned an LPN of 2 to this mussel files. No new information was provided rafinesqueana)—We continue to find species. in the petition we received on May 11, that listing this species is warranted, but Rabbitsfoot (Quadrula cylindrica 2004. The fluted kidneyshell is a precluded as of the date of publication cylindrica)—We continue to find that freshwater mussel () endemic of this notice. However, we are working listing this species is warranted, but to the Cumberland and Tennessee River on a proposed listing rule that we precluded as of the date of publication systems (Cumberlandian Region) in expect to publish prior to making the of this notice. However, we are working Alabama, Kentucky, Tennessee, and next annual resubmitted petition 12- on a proposed listing rule that we Virginia. It requires shoal habitats in month finding. expect to publish prior to making the free-flowing rivers to survive and Slabside pearlymussel (Lexingtonia next annual resubmitted petition 12- successfully recruit new individuals dolabelloides)—The following summary month finding. into its populations. is based on information contained in This species has been extirpated from our files. The slabside pearlymussel is a Snails numerous regional streams and is no freshwater mussel (Unionidae) endemic Black mudalia ( melanoides)— longer found in the State of Alabama. to the Cumberland and Tennessee River The following summary is based on Habitat destruction and alteration (e.g., systems (Cumberlandian Region) in information contained in our files. No impoundments, sedimentation, and Alabama, Kentucky, Tennessee, and new information was provided in the pollutants) are the chief factors that Virginia. It requires shoal habitats in petition we received on April 20, 2010. contributed to its decline. The fluted free-flowing rivers to survive and The black mudalia is a small snail that kidneyshell was historically known successfully recruit new individuals is found clinging to clean gravel, cobble, from at least 37 streams but is currently into its populations. boulders and/or logs in flowing water restricted to no more than 12 isolated Habitat destruction and alteration on shoals and riffles. The historical populations. Current status information (e.g., impoundments, sedimentation, distribution of the black mudalia for most of the 12 populations deemed and pollutants) are the chief factors encompassed over 250 miles of stream to be extant is available from recent contributing to the decline of this channel in the upper the Black Warrior periodic sampling efforts (sometimes species, which has been extirpated from River drainage in Alabama. The species annually) and other field studies, numerous regional streams and is no has been extirpated from more than 80 particularly in the upper Tennessee longer found in Kentucky. The slabside percent of that range by the construction River system. Some populations in the pearlymussel was historically known of two major dams on the main stem Cumberland River system have had from at least 32 streams, but is currently Black Warrior River and another dam on recent surveys as well (e.g., Wolf, Little restricted to no more than 11 isolated the lower Sipsey Fork. Other historical Rivers; Little South Fork; Horse Lick, stream segments. Current status causes of range curtailment in the un- Buck Creeks). Populations in Buck information for most of the 11 dammed river and stream channels of Creek, Little South Fork, Horse Lick populations deemed to be extant is the upper Black Warrior River drainage Creek, Powell River, and North Fork available from recent periodic sampling include coal mine drainage, industrial Holston River have clearly declined efforts (sometimes annually) and other and municipal pollution events, and over the past two decades. Based on field studies. Comprehensive surveys agricultural runoff. The mudalia is recent information, the overall have taken place in the Middle and currently known from 10 shoal population of the fluted kidneyshell is North Forks of the Holston River, Paint populations in five streams. declining rangewide. At this time, there Rock River, and Duck River in the past Water quality and habitat degradation is only one population—the Clinch several years. Based on recent are the biggest threats to the continued River/Copper Creek –where the species information, the overall population of existence of the black mudalia. Sources remains in large numbers and is viable, the slabside pearlymussel is declining of point and nonpoint pollution in the although smaller, viable populations rangewide. Of the five streams in which Black Warrior River Basin have been remain (e.g., Wolf, Little, North Fork the species remains in good numbers numerous and widespread. Pollution is Holston Rivers; Rock Creek). Most other (i.e., Clinch, North and Middle Forks of generated from inadequately treated populations are of questionable or the Holston River, Paint Rock River, and effluent from industrial plants, sanitary limited viability, with some on the verge Duck River), the Middle and upper landfills, sewage treatment plants, of extirpation (e.g., Powell River; Little North Fork Holston Rivers have poultry operations, and cattle feedlots. South Fork; Horse Lick, Buck, and undergone drastic recent declines, while Surface mining represents another Indian Creeks). Newly reintroduced the Clinch population has been in a threat to the biological integrity of populations in the Little Tennessee, longer-term decline. Most of the stream habitats. Runoff from old, Nolichucky, and Duck Rivers will remaining five populations (i.e., Powell abandoned coal mines generates hopefully begin to reverse the River, Big Moccasin Creek, Hiwassee pollution through acidification, downward population trend of this River, Elk River, Bear Creek) have increased mineralization, and sediment species. The threats are high in doubtful viability, and several if not all loading. Most of the stream segments magnitude, as the majority of of them may be on the verge of draining into black mudalia habitat populations of this species are severely extirpation. currently support their water quality affected by numerous threats The threats remain high in magnitude, classification standards. However, the (impoundments, sedimentation, small as all populations of this species are reach of the Locust Fork where the population size, isolation of severely affected in numerous ways species is found is identified on the

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66405

Alabama 303(d) List (a list of water of native snails. These reductions also Although the Rosemont Copper Mine is bodies failing to meet their designated increase the likelihood that future scheduled to commence operations in water-use classifications) as impaired by storms will lead to the extinction of the near future, there exists uncertainty siltation, nutrients, or other habitat populations or species that rely on the regarding its scope, and therefore its alterations. Additional surveys that remaining canopy forest. In an effort to potential effect on habitat of the were initiated in 2011, will clarify the eradicate the giant African snail Rosemont talussnail. Accordingly, we extent and status of black mudalia (Achatina fulica), the alien rosy find that overall threats to the Rosemont populations. Because most of the stream carnivore snail (Euglandia rosea) was talussnail are nonimminent, and we segments currently occupied by black introduced in 1980. The rosy carnivore retain an LPN of 5 for this species. mudalia have sufficient water quality, snail has spread throughout the main Fragile tree snail (Samoana fragilis)— we conclude that the threats to the island of Tutuila. Numerous studies The following summary is based on species are moderate. Based on ongoing show that the rosy carnivore snail feeds information contained in our files. No threats of moderate magnitude, we on endemic island snails including the new information was provided in the assigned an LPN of 8 to this species. sisi, and is a major agent in their petition we received on May 11, 2004. Phantom Cave snail ( declines and extirpations. At present, A tree-dwelling species, the fragile tree texana) and Phantom springsnail the major threat to long-term survival of snail is a member of the Partulidae (Tryonia cheatumi)—We continue to the native snail fauna in American family of snails, and is endemic to the find that listing these species is Samoa is predation by nonnative islands of Guam and Rota (Mariana warranted, but precluded as of the date predatory snails. These threats are Islands). Requiring cool and shaded of publication of this notice. However, ongoing and are therefore imminent. As native forest habitat, the species is now we are working on a proposed listing the threats occur throughout the entire known from one population on Guam rule that we expect to publish prior to range of the species and have a severe and from one population on Rota. making the next annual resubmitted effect on the survival of the snails, This species is currently threatened petition 12-month finding. leading to a relatively high likelihood of by habitat loss and modification and by Sisi snail (Ostodes strigatus)—The extinction, they are of a high magnitude. predation from nonnative predatory following summary is based on Therefore we assigned this species an snails and flatworms. Large numbers of information contained in our files. No LPN of 2. Philippine deer (Cervus mariannus) new information was provided in the Diamond Y Spring snail (Guam and Rota), pigs (Sus scrofra) petition we received on May 11, 2004. (Pseudotryonia adamantina) and (Guam), water buffalo (Bubalus bubalis) The sisi snail is a ground-dwelling Gonzales springsnail (Tryonia (Guam), and cattle (Bos taurus) (Rota) species in the Potaridae family, and is circumstriata)—We continue to find that directly alter the understory plant endemic to American Samoa. The listing these species is warranted but community and overall forest species is now known from a single precluded as of the date of publication microclimate, making it unsuitable for population on the island of Tutuila, of this notice. However, we are working snails. Predation by the alien rosy American Samoa. on a proposed listing rule that we carnivore snail (Euglandina rosea), the This species is currently threatened expect to publish prior to making the Manokwar flatworm (Platydemus by habitat loss and modification and by next annual resubmitted petition 12- manokwari), and possibly rats (Rattus predation from nonnative predatory month finding. spp.) is a serious threat to the survival snails. The decline of the sisi snail in Rosemont talussnail (Sonorella of the fragile tree snail. Field American Samoa has resulted, in part, rosemontensis)—the following summary observations have established that the from loss of habitat to forestry and is based on information in our files. The rosy carnivore snail and the Manokwar agriculture, and loss of forest structure petition we received on June 24, 2010, flatworm will readily feed on native to hurricanes and alien weeds that provided no new information beyond Pacific island tree snails, including the establish after these storms. All live sisi what we had already included in our Partulidae, such as those of the Mariana snails have been found in the leaf litter assessment of this species. The Islands. The rosy carnivore snail has beneath remaining intact forest canopy. Rosemont talussnail, a land snail in the caused the extirpation of many No snails were found in areas bordering family Helminthoglyptidae, is known populations and species of native snails agricultural plots or in forest areas that from three talus slopes in the Santa Rita throughout the Pacific islands. The were severely damaged by three Mountains, Pima County, Arizona. The Manokwar flatworm has also hurricanes (1987, 1990, and 1991). primary threat to Rosemont talussnail is contributed to the decline of native tree Under natural historical conditions, loss hard rock mining. The entire range of snails, in part due to its ability to ascend of forest canopy to storms did not pose the species is located on patented into trees and bushes that support a great threat to the long-term survival mining claims and can reasonably be native snails. Areas with populations of of these snails; enough intact forest with expected to be subjected to mining the flatworm usually lack partulid tree healthy populations of snails would activities in the foreseeable future. Hard snails or have declining numbers of support dispersal back into newly rock mining typically involves the snails. In addition, predation by rats regrown canopy forest. However, the blasting of hillsides and the crushing of may be a serious and ongoing threat to presence of alien weeds such as mile-a- ore-laden rock. Such activities would the fragile tree snail. Because all of the minute vine (Mikania micrantha) may kill talussnails and render their habitats threats occur rangewide and have a reduce the likelihood that native forest unsuitable for occupation. Because significant effect on the survival of this will re-establish in areas damaged by mining may occur across the entire snail species, leading to a relatively high the hurricanes. This loss of habitat to range of the species within the likelihood of extinction, they are high in storms is greatly exacerbated by foreseeable future, potentially resulting magnitude. The threats are also ongoing expanding agriculture. Agricultural in rangewide habitat destruction and and thus are imminent. Therefore, we plots on Tutuila have spread from low population losses, the threats are of a assigned this species an LPN of 2. elevations up to middle and some high high magnitude. However, mining on Guam tree snail (Partula radiolata)— elevations, greatly reducing the forest patented mining claims, although a The following summary is based on area and thus reducing the resilience of reasonably anticipated action, is neither information contained in our files. No native forests and Tutuila’s populations currently ongoing nor imminent. new information was provided in the

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66406 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

petition we received on May 11, 2004. scrofa), Philippine deer (Cervus known from one population on the A tree-dwelling species, the Guam tree mariannus), cattle (Bos taurus), water island of Aguiguan. snail is a member of the Partulidae buffalo (Bubalus bubalis), and This species is currently threatened family of snails and is endemic to the (Capra hircus)) have caused severe by habitat loss and modification and by island of Guam. Requiring cool and damage to native forest vegetation by predation from nonnative predatory shaded native forest habitat, the species browsing directly on plants, causing snails. In the 1930s, the island of is now known from 22 populations on erosion and retarding forest growth and Aguiguan was mostly cleared of native Guam. regeneration. This in turn reduces the forest to support sugar cane and This species is primarily threatened quantity and quality of forested habitat pineapple production. The abandoned by predation from nonnative predatory for the humped tree snail. Currently, fields and airstrip are now overgrown snails, flatworms, and possibly rats populations of feral ungulates are found with alien weeds. The remaining native (Rattus spp.). In addition, the species is on the islands of Guam (deer, pigs, and forest understory has greatly suffered also threatened by habitat loss and water buffalo), Rota (deer and cattle), from large and uncontrolled populations degradation. Predation by the alien rosy Aguiguan (goats), Saipan (deer, pigs, of alien goats and the invasion of weeds. carnivore snail (Euglandina rosea) and and cattle), Alamagan (goats, pigs, and Goats (Capra hircus) have caused severe the alien Manokwar flatworm cattle), and Pagan (cattle, goats, and damage to native forest vegetation by (Platydemus manokwari) is a serious pigs). Goats were eradicated from browsing directly on plants, causing threat to the survival of the Guam tree Sarigan in 1998, and the humped tree erosion and retarding forest growth and snail (see summary for the fragile tree snail has increased in abundance on regeneration. This in turn reduces the snail, above). In addition, predation by that island, likely in response to the quantity and quality of forested habitat rats may be a serious and ongoing threat removal of all the goats. However, the for Langford’s tree snail. Predation by to the Guam tree snail. On Guam, open population of humped tree snails on the alien rosy carnivore snail agricultural fields and other areas prone Anatahan is likely extirpated due to the (Euglandina rosea) and by the to erosion were seeded with massive volcanic explosions of the Manokwar flatworm (Platydemus tangantangan () island beginning in 2003 and still manokwari) (see summary for the fragile by the U.S. military. Tangantangan continuing, and the resulting loss of up tree snail, above) is also a serious threat grows as a single species stand with no to 95 percent of the vegetation on the to the survival of Langford’s tree snail. substantial understory. The island. Predation by the alien rosy In addition, predation by rats (Rattus microclimatic condition is dry with carnivore snail (Euglandina rosea) and spp.) may be a serious and ongoing little accumulation of leaf litter humus the alien Manokwar flatworm threat to Langford’s tree snail. All of the and is particularly unsuitable as Guam (Platydemus manokwari) is a serious threats are occurring rangewide, and no tree snail habitat. In addition, native threat to the survival of the humped tree efforts to control or eradicate the forest cannot reestablish and grow snail (see summary for the fragile tree nonnative predatory snail species or where this alien weed has become snail, above). In addition, predation by rats, or to reduce habitat loss, are being established. Because all of the threats rats (Rattus spp.) may be a serious and undertaken. The magnitude of threats is occur rangewide and have a significant ongoing threat to the humped tree snail. high because they result in direct effect on the survival of this snail The magnitude of threats is high mortality or significant population species, leading to a relatively high because these alien predators cause declines to Langford’s tree snail likelihood of extinction, they are high in significant population declines to the rangewide. A survey of Aguiguan in magnitude. The threats are also ongoing humped tree snail rangewide. These November 2006 failed to find any live and thus are imminent. Therefore, we threats are ongoing and thus are Langford’s tree snails. These threats are assigned this species an LPN of 2. imminent. Therefore, we assigned this also ongoing and thus are imminent. Humped tree snail (Partula gibba)— species an LPN of 2. Therefore, we assigned this species an The following summary is based on Lanai tree snail (Partulina LPN of 2. information contained in our files. No semicarinata)—We continue to find that Newcomb’s tree snail (Newcombia new information was provided in the listing this species is warranted, but cumingi)—We continue to find that petition we received on May 11, 2004. precluded as of the date of publication listing this species is warranted, but A tree-dwelling species, the humped of this notice. However, we are working precluded as of the date of publication tree snail is a member of the Partulidae on a proposed listing rule that we of this notice. However, we are working family of snails, and was originally expect to publish prior to making the on a proposed listing rule that we known from the island of Guam and the next annual resubmitted petition 12- expect to publish prior to making the Commonwealth of the Northern Mariana month finding. next annual resubmitted petition 12- Islands (islands of Rota, Aguiguan, Lanai tree snail (Partulina month finding. Tinian, Saipan, Anatahan, Sarigan, variabilis)—We continue to find that Tutuila tree snail (Eua zebrina)—The Alamagan, and Pagan). Most recent listing this species is warranted, but following summary is based on surveys revealed a total of 14 precluded as of the date of publication information contained in our files. No populations on the islands of Guam, of this notice. However, we are working new information was provided in the Rota, Aguiguan, Sarigan, Saipan, on a proposed listing rule that we petition we received on May 11, 2004. Alamagan, and Pagan. Although still the expect to publish prior to making the A tree-dwelling species, the Tutuila tree most widely distributed tree snail next annual resubmitted petition 12- snail is a member of the Partulidae endemic in the Mariana Islands, month finding. family of snails, and is endemic to remaining population sizes are often Langford’s tree snail (Partula American Samoa. The species is known small. langfordi)—The following summary is from 32 populations on the islands of This species is currently threatened based on information contained in our Tutuila, Nuusetoga, and Ofu. by habitat loss and modification and by files. No new information was provided This species is currently threatened predation from nonnative predatory in the petition we received on May 11, by habitat loss and modification and by snails, flat worms, and possibly rats 2004. A tree-dwelling species, predation from nonnative predatory (Rattus spp.). Throughout the Mariana Langford’s tree snail is a member of the snails and rats. All live Tutuila tree Islands, feral ungulates (pigs (Sus Partulidae family of snails, and is snails were found on understory

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66407

vegetation beneath remaining intact sensitive species; installing educational the magnitude of threats to a moderate forest canopy. No snails were found in signage; and increasing staff presence, level and greatly reduces the chances of areas bordering agricultural plots or in including law enforcement and a extirpation or extinction. The forest areas that were severely damaged volunteer site steward during the 6- immediacy of the threat of groundwater by three hurricanes (1987, 1990, and month period of peak visitor use. These withdrawal is uncertain, due to 1991). (See summary for the sisi snail, conservation measures have reduced the conflicting information regarding above, regarding impacts of alien weeds magnitude of threats to the species to imminence. However, overall, the and of the rosy carnivore snail.) Rats moderate to low; all remaining threats threats are imminent, because (Rattus spp.) have also been shown to are nonimminent and involve long-term modification of the species’ habitat by devastate snail populations, and rat- changes to the habitat for the species threats other than groundwater chewed snail shells have been found at resulting from past impacts. Until we withdrawal is currently occurring. sites where the Tutuila snail occurs. At can get data from a monitoring program Therefore, we retain an LPN of 8 for the present, the major threat to the long- that allows us to assess the long-term Page springsnail. term survival of the native snail fauna trend of the species, we have assigned Phantom springsnail (Tyronia in American Samoa is predation by a LPN of 11. cheatumi)—See summary above under nonnative predatory snails and rats. The Gonzales springsnail (Tryonia Phantom Cave snail (Cochliopa texana). circumstriata)—See summary above magnitude of threats is high because Insects they result in direct mortality or under Diamond Y Spring snail significant population declines to the (Pseudotryonia adamantina). Mariana eight spot butterfly Tutuila tree snail rangewide. The threats Huachuca springsnail (Pyrgulopsis (Hypolimnas octucula mariannensis)— are also ongoing and thus are imminent. thompsoni)—See above in ‘‘Listing The following summary is based on Therefore, we assigned this species an Priority Changes in Candidates.’’ The information contained in our files. No LPN of 2. above summary is based on information new information was provided in the Elongate mud meadows springsnail contained in our files. petition we received on May 11, 2004. (Pyrgulopsis notidicola)—The following Page springsnail (Pyrgulopsis The Mariana eight spot butterfly is a summary is based on information morrisoni)—The following summary is nymphalid butterfly species that feeds contained in our files. No new based on information contained in our upon two host plants, Procris information was provided in the files. The Page springsnail is known to pedunculata and Elatostema calcareum. petition received on May 11, 2004. The exist only within a complex of springs Endemic to the islands of Guam and following summary is based on located within an approximately 0.93- Saipan, the species is now known from information contained in our files. mi (1.5-km) stretch along the west side 10 populations on Guam. This species is Pyrgulopsis notidicola is endemic to of Oak Creek around the community of currently threatened by predation and Soldier Meadow, which is located at the Page Springs, and within springs parasitism. The Mariana eight spot northern extreme of the western arm of located along Spring Creek, tributary to butterfly has extremely high mortality of the Black Rock Desert in the transition Oak Creek, Yavapai County, Arizona. eggs and larvae due to predation by zone between the Basin and Range The primary threat to the Page alien ants and wasps. Because the threat Physiographic Province and the springsnail is modification of habitat by of parasitism and predation by Columbia Plateau Province, Humboldt domestic use, agriculture, ranching, fish nonnative insects occur rangewide and County, Nevada. The type locality, and hatchery operations, recreation, and can cause significant population the only known location of the species, groundwater withdrawal. Many of the declines to this species, they are high in occurs in four separate stretches of springs where the species occurs have magnitude. The threats are imminent thermal (between 45° and 32 °C, 113° been subjected to some level of because they are ongoing. Therefore, we and 90 °F) aquatic habitat. The first modification. Based on recent survey assigned an LPN of 3 for this subspecies. stretch is the largest at approximately data, it appears that the Page springsnail Mariana wandering butterfly (Vagrans 600 m (1,968 ft) long and 2 m (6.7 ft) is abundant within natural habitats and egestina)—The following summary is wide. The other stretches where P. persists in modified habitats, albeit at based on information contained in our notidicola occurs are less than 6 m (19.7 reduced densities. Arizona Game and files. No new information was provided ft) long and 0.5 m (1.6 ft) wide. Fish Department (AGFD) management in the petition we received on May 11, Pyrgulopsis notidicola occurs only in plans for the Bubbling Ponds and Page 2004. The Mariana wandering butterfly shallow, flowing water on gravel Springs fish hatcheries include is a nymphalid butterfly species that substrate. The species does not occur in commitments to replace lost habitat and feeds upon a single host plant species, deep water (i.e., impoundments) where to monitor remaining populations of Maytenus thompsonii. Originally known water velocity is low, gravel substrate is invertebrates such as the Page from and endemic to the islands of absent, and sediment levels are high. springsnail. The candidate conservation Guam and Rota, the species is now The species and its habitat are agreement with assurances (CCAA) for known from one population on Rota. threatened by recreational use in the the Page springsnail calls for This species is currently threatened by areas where it occurs as well as the implementation of conservation alien predation and parasitism. The ongoing impacts of past water measures such as restoration and Mariana wandering butterfly is likely diversions and livestock grazing and creation of natural springhead integrity, predated by alien ants and parasitized current off-highway vehicle travel. including springs on AGFD properties. by native and nonnative parasitoids. Conservation measures implemented by In fact, several conservation measures Because the threats of parasitism and the Bureau of Land Management benefitting the species have already predation by nonnative insects occur include installing fencing to exclude been implemented. Additionally, the rangewide and can cause significant livestock, wild horses, burros and other National Park Service has expressed an population declines to this species, large mammals; closing access roads to interest in restoring natural springhead leading to a relatively high likelihood of spring, riparian, and wetland areas and integrity to Shea Springs, a site extinction, they are high in magnitude. the limiting vehicles to designated historically occupied by Page These threats are imminent because routes; establishing a designated springsnail. Accordingly, ongoing they are ongoing. Therefore, we campground away from the habitats of implementation of the CCAA reduces assigned an LPN of 2 for this species.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66408 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

Sequatchie caddisfly (Glyphopsyche the Clifton Cave beetle is found provide Cave) when one specimen of the species sequatchie)—The following summary is a unique and fragile environment that was found during that survey. Foster based on information in our files. No supports a variety of species that have Cave is on a preserve owned and new information was provided in the evolved to survive and reproduce under managed by the Tennessee Department petition we received on May 11, 2004. the demanding conditions found in cave of Conservation. In 2006, specimens of The Sequatchie caddisfly is known from ecosystems. The limited distribution of this species were discovered in Bellamy two spring runs that emerge from caves the species makes it vulnerable to Cave and in Darnell Spring Cave (part in Marion County, Tennessee: Owen isolated events that would only have a of the same cave complex as Foster Spring Branch (the type locality) and minimal effect on more wide-ranging Cave). All of these sites are in close Martin Spring run in the Battle Creek insects. Events such as toxic chemical proximity to each other. Bellamy Cave system. In 1998, biologists estimated spills, discharges of large amounts of is owned and managed by the population sizes at 500 to 5,000 polluted water or indirect impacts from Tennessee Wildlife Resources Agency individuals for Owen Spring Branch off-site construction activities, closure (TWRA). Both Foster Cave and Bellamy and 2 to 10 times higher at Martin of entrances, alteration of entrances, or Cave were first acquired and protected Spring, due to the greater amount of the creation of new entrances could by The Nature Conservancy and later apparently suitable habitat. In spite of have serious adverse impacts on this transferred to the State for long-term greater amounts of suitable habitat at the species. Therefore, the magnitude of protection and management. Martin Spring run, Sequatchie threat is high for this species. The The threats are nonimminent because caddisflies are more difficult to find at threats are nonimminent because there there are no known projects planned this site, and in 2001 (the most recent are no known projects planned that that would affect the species in the next survey) the Sequatchie caddisfly was would affect the species in the near few years. Because it occurs at three relatively ‘‘abundant’’ at the Owen future. We therefore have assigned an locations and it receives some Spring Branch location, while only two LPN of 5 to this species. protection under a cooperative individuals were observed at the Martin Coleman cave beetle management agreement and protective Spring. (Pseudanophthalmus colemanensis)— ownership, the magnitude of threats is Threats to the Sequatchie caddisfly The following summary is based upon moderate to low. Thus, we have include siltation, point and nonpoint information contained in our files. No assigned an LPN of 11 to this species. discharges from municipal and new information was provided in the Icebox Cave beetle industrial activities, and introduction of petition we received on April 20, 2010. (Pseudanophthalmus frigidus)—The toxicants during episodic events. These The Coleman cave beetle is a small, following summary is based upon threats, coupled with the extremely eyeless, reddish-brown, predatory insect information contained in our files. No limited distribution of the species, its that feeds upon small cave new information was provided in the apparent small population size, the invertebrates. It is cave dependent and petition we received on May 11, 2004. limited amount of occupied habitat, is not found outside the cave Icebox Cave beetle is a small, eyeless, ease of accessibility, and the annual life environment. It is only known from cycle of the species, are all factors that three Tennessee caves. reddish-brown, predatory insect that leave the Sequatchie caddisfly The limestone caves in which this feeds upon small cave invertebrates. It vulnerable to extirpation. Therefore, the species is found provide a unique and is not found outside the cave magnitude of the threat is high. These fragile environment that support a environment, and is only known from threats are gradual, and there is no basis variety of species that have evolved to one privately owned Kentucky cave. to conclude that they are imminent. survive and reproduce under the The limestone cave in which this Based on high-magnitude and demanding conditions found in cave species is found provides a unique and nonimminent threats, we assigned this ecosystems. Caves and the species that fragile environment that supports a species an LPN of 5. are completely dependent upon them variety of species that have evolved to Clifton Cave beetle receive the energy that forms the basis survive and reproduce under the (Pseudanophthalmus caecus)—The of the cave food chain from outside the demanding conditions found in cave following summary is based upon cave. This energy can be in the form of ecosystems. The species has not been information contained in our files. No bat guano deposited by cave-dependent observed since it was originally new information was provided in the bats, large or small woody debris collected, but species experts believe petition we received on May 11, 2004. washed or blown into the cave, or tiny that it may still exist in the cave in low Clifton Cave beetle is a small, eyeless, bits of organic matter carried into the numbers. The limited distribution of the reddish-brown, predatory insect that cave by water through small cracks in species makes it vulnerable to isolated feeds upon small cave invertebrates. It the rocks overlaying the cave. events that would only have a minimal is cave dependent, and is not found The Coleman cave beetle was effect on more wide-ranging insects. outside the cave environment. Clifton originally known only from the Events such as toxic chemical spills or Cave beetle is only known from two privately owned Coleman Cave in discharges of large amounts of polluted privately owned Kentucky caves. Soon Montgomery County. This cave formerly water, or indirect impacts from off-site after the species was first collected in supported a colony of endangered gray construction activities, closure of 1963 in one cave, the cave entrance was bats. The bats have abandoned this cave entrances, alteration of entrances, or the enclosed due to road construction. We because of air flow changes in the cave creation of new entrances, could have do not know whether the species still caused by closure of an upper entrance serious adverse impacts on this species. occurs at the original location or if it has to the cave. Although the cave is Therefore, the magnitude of threat is been extirpated from the site by the protected by a cooperative management high for this species because it is closure of the cave entrance. Other agreement with the landowner, the limited in distribution and the threats caves in the vicinity of this cave were upper entrance has not been restored would result in a high level of mortality surveyed for the species during 1995 and the bats have not returned to the or reduced reproductive capacity. The and 1996, and only one additional site cave. A new location for the species was threats are nonimminent because there was found to support the Clifton Cave discovered during a biological inventory are no known projects planned that beetle. The limestone caves in which of Foster Cave (also known as Darnell would affect the species in the near

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66409

future. We therefore have assigned an fragile environment that supports a precluded as of the date of publication LPN of 5 to this species. variety of species that have evolved to of this notice. However, we are working Inquirer Cave beetle survive and reproduce under the on a proposed listing rule that we (Pseudanophthalmus inquisitor)—The demanding conditions found in cave expect to publish prior to making the following summary is based upon ecosystems. The limited distribution of next annual resubmitted petition 12- information contained in our files. No the species makes it vulnerable to month finding. new information was provided in the isolated events that would only have a Orangeblack Hawaiian damselfly petition we received on May 11, 2004. minimal effect on more wide-ranging (Megalagrion xanthomelas)—The The Inquirer Cave beetle is a fairly insects. Events such as toxic chemical following summary is based on small, eyeless, reddish-brown, predatory spills, discharges of large amounts of information contained in our files. No insect that feeds upon small cave polluted water, or indirect impacts from new information was provided in the invertebrates. It is not found outside the off-site construction activities, closure petition we received on May 11, 2004. cave environment, and is only known of entrances, alteration of entrances, or The orangeblack Hawaiian damselfly is from one privately owned Tennessee the creation of new entrances could a stream-dwelling species endemic to cave. have serious adverse impacts on this the Hawaiian Islands of Kauai, Oahu, The limestone cave in which this species. The magnitude of threat is high Molokai, Maui, Lanai, and Hawaii. The species is found provides a unique and for this species, because it is limited in species no longer is found on Kauai, and fragile environment that supports a distribution and the threats would have is now restricted to 16 populations on variety of species that have evolved to severe negative impacts on the species. the islands of Oahu, Maui, Molokai, survive and reproduce under the The threats are nonimminent because Lanai, and Hawaii. This species is demanding conditions found in cave there are no known projects planned threatened by predation from alien ecosystems. The species was last that would affect the species in the near aquatic species such as fish and observed in 2006. The limited future. We therefore have assigned an predacious insects, and habitat loss distribution of the species makes it LPN of 5 to this species. through dewatering of streams and vulnerable to isolated events that would Tatum Cave beetle invasion by nonnative plants. Nonnative only have a minimal effect on more (Pseudanophthalmus parvus) — The fish and insects prey on the naiads of wide-ranging insects. The area around following summary is based upon the damselfly, and loss of water reduces the only known site for the species is in information contained in our files. No the amount of suitable naiad habitat a rapidly expanding urban area. The new information was provided in the available. Invasive plants (e.g., entrance to the cave is protected by the petition we received on May 11, 2004. California grass (Brachiaria mutica)) landowner through a cooperative Tatum Cave beetle is a small, eyeless, also contribute to loss of habitat by management agreement with the reddish-brown, predatory insect that forming dense, monotypic stands that Service, The Nature Conservancy, and feeds upon cave invertebrates. It is not completely eliminate any open water. Tennessee Wildlife Resources Agency; found outside the cave environment, Nonnative fish and plants are found in however, a sinkhole that drains into the and is only known from one privately all the streams the orangeblack cave system is located away from the owned Kentucky cave. damselfly occur in, except the Oahu protected entrance and is near a The limestone cave in which this location, where there are no nonnative highway. Events such as toxic chemical species is found provides a unique and fish. We assigned this species an LPN of spills, discharges of large amounts of fragile environment that supports a 8 because, although the threats are polluted water, or indirect impacts from variety of species that have evolved to ongoing and therefore imminent, they off-site construction activities could survive and reproduce under the affect the survival of the species in adversely affect the species and the cave demanding conditions found in cave varying degrees throughout the range of habitat. ecosystems. The species has not been the species and are therefore of The magnitude of threat is high for observed since 1965, but species experts moderate magnitude. this species because it is limited in believe that it still exists in low Picture-wing fly (Drosophila distribution and the threats would have numbers. The limited distribution of the digressa)—We continue to find that negative impacts on its continued species makes it vulnerable to isolated listing this species is warranted but existence. The threats are nonimminent events that would only have a minimal precluded as of the date of publication because there are no known projects effect on more wide-ranging insects. of this notice. However, we are working planned that would affect the species in Events such as toxic chemical spills, on a proposed listing rule that we the near future and the species receives discharges of large amounts of polluted expect to publish prior to making the some protection under a cooperative water, or indirect impacts from off-site next annual resubmitted petition 12- management agreement. We therefore construction activities, closure of month finding. have assigned an LPN of 5 to this entrances, alteration of entrances, or the Stephan’s riffle beetle (Heterelmis species. creation of new entrances could have stephani)—The following summary is Louisville Cave beetle serious adverse impacts on this species. based on information contained in our (Pseudanophthalmus troglodytes)—The The magnitude of threat is high for this files. No new information was provided following summary is based upon species, because its limited numbers in the petition received on May 11, information contained in our files. No mean that any threats could severely 2004. The Stephan’s riffle beetle is an new information was provided in the affect its continued existence. The endemic riffle beetle found in limited petition we received on May 11, 2004. threats are nonimminent because there spring environments within the Santa The Louisville cave beetle is a small, are no known projects planned that Rita Mountains, Pima County, Arizona. eyeless, reddish-brown, predatory insect would affect the species in the near The beetle is known from Sylvester that feeds upon cave invertebrates. It is future. We therefore have assigned an Spring in Madera Canyon, within the not found outside the cave environment, LPN of 5 to this species. Coronado National Forest. Threats to and is only known from two privately Taylor’s (Whulge, Edith’s) that spring are largely from habitat owned Kentucky caves. checkerspot butterfly (Euphydryas modification, recreational activities in The limestone caves in which this editha taylori)—We continue to find the springs, and potential changes in species is found provide a unique and that listing this species is warranted, but water quality and quantity due to

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66410 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

catastrophic natural events and climate Mardon skipper (Polites mardon)— backlog of long-unburned habitat within change. The threats are of low to We continue to find that listing this conservation areas remains. moderate magnitude based on our species is warranted, but precluded as Overcollection and pesticide use are current knowledge of the permanence of of the date of publication of this notice. additional concerns. Because this threats and the likelihood that the However, we are working on a proposed species is narrowly distributed with species will persist in areas that are listing rule that we expect to publish specific habitat requirements and small unaffected by the threats. Although the prior to making the next annual populations, any of the threats could threats from climate change are resubmitted petition 12-month finding. have a significant impact on the survival expected to occur over many years, the Meltwater lednian stonefly (Lednia of the species. Therefore, the magnitude threats from recreational use are tumana)—See above in ‘‘Listing Priority of threats is high. Although the majority ongoing. Therefore, the threats are Changes in Candidates.’’ The above of its historical range has been lost, imminent. Thus, we retain an LPN of 8 summary is based on information degraded, and fragmented, numerous for the Stephan’s riffle beetle. contained in our files. sites are protected and land managers Dakota skipper (Hesperia dacotae)— Coral Pink Sand Dunes tiger beetle are implementing prescribed fire at The following summary is based on (Cicindela limbata albissima)—We some sites; these actions are expected to information contained in our files, continue to find that listing this species restore habitat and help reduce threats including information from the petition is warranted but precluded as of the and have already helped stabilize and received on May 12, 2003. The Dakota date of publication of this notice. improve the populations. Therefore, skipper is a small- to mid-sized butterfly However, we are working on a proposed overall, the threats are nonimminent, that inhabits high-quality tallgrass and listing rule that we expect to publish and we assigned the Highlands tiger mixed-grass prairie in Minnesota, North prior to making the next annual beetle an LPN of 5. Dakota and South Dakota in the United resubmitted 12-month petition finding. States, and the provinces of Manitoba Highlands tiger beetle (Cicindela Arachnids and Saskatchewan in Canada. The highlandensis)—The following Warton’s cave meshweaver (Cicurina species is presumed to be extirpated summary is based on information wartoni)—See above in ‘‘Listing Priority from Iowa and Illinois and from many contained in our files. No new Changes in Candidates.’’ The above sites within occupied U.S. States. information was provided in the summary is based on information The Dakota skipper is threatened by petition we received on May 11, 2004. contained in our files. degradation of its native prairie habitat The Highlands tiger beetle is narrowly by overgrazing, invasive species, gravel distributed and restricted to areas of mining, and herbicide applications; bare sand within scrub and sandhill on Anchialine pool (Metabetaeus inbreeding, population isolation, and ancient sand dunes of the Lake Wales lohena)—The following summary is prescribed fire threaten some Ridge in Polk and Highlands Counties, based on information contained in our populations. Prairie succeeds to Florida. Adult tiger beetles have been files. No new information was provided shrubland or forest without periodic most recently found at 40 sites at the in the petition we received on May 11, fire, grazing, or mowing; thus, the core of the Lake Wales Ridge. In 2004– 2004. Metabetaeus lohena is an species is also threatened at sites where 2005 surveys, a total of 1,574 adults anchialine pool-inhabiting species of such disturbances are not applied. The were found at 40 sites, compared with shrimp belonging to the family Service and other Federal agencies, 643 adults at 31 sites in 1996, 928 adults . This species is endemic to State agencies, the Sisseton-Wahpeton at 31 sites in 1995, and 742 adults at 21 the Hawaiian Islands and is currently Sioux Tribe, and some private sites in 1993. Of the 40 sites in the known from populations on the islands organizations (e.g., The Nature 2004–2005 surveys with one or more of Oahu, Maui, and Hawaii. The Conservancy) protect and manage some adults, results ranged from 3 sites with primary threats to this species are Dakota skipper sites. Careful and large populations of over 100 adults, to predation by fish (which do not considered management is always 13 sites with fewer than 10 adults. naturally occur in the pools inhabited necessary to ensure the species’ Results from a limited removal study at by this species) and habitat loss from persistence, even at protected sites. The four sites and similar studies suggest degradation (primarily from illegal trash species may be secure at a few sites that the actual population size at some dumping). The pools where this species where public and private landowners survey sites can be as much as two occurs on the islands of Maui and manage native prairie in ways that times as high as indicated by the visual Hawaii are located within State Natural conserve Dakota skipper, but index counts. If assumptions are correct Area Reserves (NAR) and in a National approximately half of the inhabited sites and unsurveyed habitat is included, Park. Both the State NARs and the are privately owned with little or no then the total number of adults at all National Park prohibit the collection of protection. A few private sites are survey sites might be 3,000 to 4,000. the species and the disturbance of the protected from conversion by Habitat loss and fragmentation and pools. However, enforcement of easements, but these do not preclude lack of fire and disturbances to create collection and disturbance prohibitions adverse effects from overgrazing. The open habitat conditions are serious is difficult, and the negative effects from threats are such that the Dakota skipper threats; remaining patches of suitable the introduction of fish are extensive warrants listing. The threats are habitat are disjunct and isolated. and happen quickly. On Oahu, one pool moderate in magnitude because some Populations occupy relatively small is located in a National Wildlife Refuge, sites are protected through careful and patches of habitat and are small and and is protected from collection and considered management, and therefore isolated; individuals have difficulty disturbance to the pool. However, on they do not affect the species uniformly dispersing between suitable habitats. State-owned land where the species throughout its range. The threats are These factors pose serious threats to the occurs, there is no protection from ongoing, and therefore imminent. We species. Although significant progress in collection or disturbance of the pools. assigned this species an LPN of 8 to implementing prescribed fire has Therefore, threats to this species could reflect the immediacy of threats to occurred over the last 10 years through have a significant adverse effect on the remnant habitat, particularly on private collaborative partnerships and the Lake survival of the species, leading to a lands. Wales Ridge Prescribed Fire Team, a relatively high likelihood of extinction,

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66411

and are of a high magnitude. However, the Hawaiian Islands, and is currently area occupied is approximately 6 the primary threats of predation from known from 2 pools on the island of hectares (15 acres). The population fish and loss of habitat due to Maui and 13 pools on the island of fluctuates from year to year without any degradation are nonimminent overall, Hawaii. The primary threats to this clear trends. Population estimates for because on the islands of Maui and species are predation from fish (which the years from 1985 through 2009, Hawaii no fish were observed in any of do not naturally occur in the pools ranged from a high of approximately the pools where this species occurs and inhabited by this species) and habitat 130,000 plants in 1997, to a low of there has been no documented trash loss due to degradation (primarily from approximately 40,000 plants in 2003. In dumping in these pools. Only one site illegal trash dumping). The pools where 2009, when the population was last on Oahu had a trash dumping instance, this species occurs on Maui are located monitored, the estimated total and in that case the trash was cleaned within a State Natural Area Reserve population increased again to just over up immediately and the species (NAR). Twelve of the pools on the 120,000 plants. subsequently observed. No additional island of Hawaii are located within a The factors currently threatening dumping events are known to have State NAR. Hawaii’s State statutes Abronia alpina include natural and occurred. Therefore, we assigned this prohibit the collection of the species human habitat alteration, lowering of species an LPN of 5. and the disturbance of the pools in State the water table due to erosion within the Anchialine pool shrimp NARs. However, enforcement of these meadow system, and recreational use ( burnsi)—The following prohibitions is difficult, and the within meadow habitats. Lodgepole summary is based on information negative effects from the introduction of pines are encroaching upon meadow contained in our files. No new fish are extensive and happen quickly. habitat with trees germinating within A. information was provided in the In addition, there are no prohibitions for alpina habitat, occupying up to 20 petition we received on May 11, 2004. either removal of the species or percent of two A. alpina is an anchialine disturbance to the pool for the one pool subpopulations. Lodgepole pine pool-inhabiting species of shrimp located outside a NAR on the island of encroachment may alter soil belonging to the family . Hawaii. Therefore, threats to this characteristics by increasing organic This species is endemic to the Hawaiian species could have a significant adverse matter levels, decreasing porosity, and Islands and is currently known from 3 effect on the survival of the species, moderating diurnal temperature pools on the island of Maui and 22 leading to a relatively high likelihood of fluctuations, thus reducing the pools on the island of Hawaii. The extinction, and thus remain at a high competitive ability of A. alpina to primary threats to this species are magnitude. However, the threats to the persist in an environment more predation by fish (which do not species are nonimminent because, hospitable to other plant species. naturally occur in the pools inhabited during 2004 and 2007 surveys, no fish The habitat occupied by Abronia by this species) and habitat loss due to were observed in the pools where these alpina directly borders the meadow degradation (primarily from illegal trash shrimp occur on Maui, and no fish were system, which is supported by the dumping). The pools where this species observed in the one pool on the island South Fork of the Kern River. The river occurs on Maui are located within a of Hawaii during a site visit in 2005. In flows through the meadow, at times State Natural Area Reserve (NAR). addition, there were no signs of trash coming within 15 m (50 ft) of Abronia Hawaii’s State statutes prohibit the dumping or fill in any of the pools alpina habitat, particularly in the collection of the species and the where the species occurs. Therefore, we vicinity of five subpopulations. disturbance of the pools in State NARs. assigned this species an LPN of 5. Livestock trampling, along with the On the island of Hawaii, the species Anchialine pool shrimp (Vetericaris removal of bank stabilizing vegetation occurs within a State NAR and a chaceorum)—We continue to find that by grazing livestock, has contributed to National Park, and collection and listing this species is warranted, but downcutting of the river channel disturbance are also prohibited. precluded as of the date of publication through the meadow, leaving the However, enforcement of these of this notice. However, we are working meadow subject to potential alteration prohibitions is difficult, and the on a proposed listing rule that we by lowering of the water table. In 2001, negative effects from the introduction of expect to publish prior to making the the U.S. Forest Service began resting the fish are extensive and happen quickly. next annual resubmitted 12-month grazing allotment for 10 years, Therefore, threats to this species could petition finding. eliminating cattle use up through the have a significant adverse effect on the present time. The U.S. Forest Service is Flowering Plants survival of the species, leading to a currently assessing the data collected on relatively high likelihood of extinction, Abronia alpina (Ramshaw Meadows the rested allotment and, if the data and are of a high magnitude. However, sand-verbena)—The following summary indicate that sufficient watershed the threats are nonimminent, because is based on information contained in recovery has occurred, may conduct an surveys in 2004 and 2007 did not find our files. No new information was environmental analysis to consider fish in the pools where these shrimp provided in the petition we received on resumption of grazing. occur on Maui or the island of Hawaii. May 11, 2004. Abronia alpina is a small Established hiker, packstock, and Also, there was no evidence of recent perennial herb, 2.5 to 15.2 centimeters cattle trails pass through A. alpina habitat degradation at those pools. We (1 to 6 inches) across, forming compact subpopulations. Two main hiker trails assigned this species an LPN of 5. mats with lavender-pink, trumpet- pass through Ramshaw Meadow, but in Anchialine pool shrimp (Procaris shaped, and generally fragrant flowers. 1988 and 1997, they were rerouted out hawaiana)—The following summary is Abronia alpina is known from one main of A. alpina subpopulations where based on information contained in our population center at Ramshaw Meadow feasible. Occasional incidental use by files. No new information was provided and a smaller population at the adjacent horses and hikers sometimes occurs on in the petition we received on May 11, Templeton Meadow. The meadows are the remnants of cattle trails that pass 2004. Procaris hawaiana is an located on the Kern River Plateau in the through subpopulations in several anchialine pool-inhabiting species of Sierra Nevada, on lands administered by places. The Service has funded studies shrimp belonging to the family the Inyo National Forest, in Tulare to determine appropriate conservation Procarididae. This species is endemic to County, California. The total estimated measures for the species, and is working

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66412 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

with the U.S. Forest Service on are approximately 22 extant regulation of water levels in the developing a conservation strategy for occurrences, 12 in Monroe County and Columbia River and placement of riprap the species. The threats are of a low 10 in Miami-Dade County; many along the river bank; human trampling magnitude and nonimminent because of occurrences are on conservation lands. of plants from recreation; competition the conservation actions already However, 4 to 5 sites are recently with nonnative, invasive species; burial implemented. The LPN for A. alpina thought to be extirpated. The estimated by wind- and water-borne sediments; remains an 11, with nonimminent population size of Blodgett’s silverbush small population sizes; susceptibility to threats of moderate to low magnitude. in the , excluding Big Pine genetic drift and inbreeding; and the Arabis georgiana (Georgia Key, is roughly 11,000; the estimated potential for hybridization with two rockcress)—The following summary is population in Miami-Dade County is other species of Artemisia. Ongoing based on information in our files. No 375 to 13,650 plants. conservation actions have reduced new information was provided in the Blodgett’s silverbush is threatened by trampling, but have not eliminated or petition we received on May 11, 2004. habitat loss, which is exacerbated by reduced the other threats at the Grant The Georgia rockcress grows in a variety habitat degradation due to fire County site. Active conservation of dry situations, including shallow soil suppression, the difficulty of applying measures are not currently in place at accumulations on rocky bluffs, ecotones prescribed fire to pine rocklands, and the Miller Island site. The magnitude of of gently sloping rock outcrops, and threats from exotic plants. Remaining threat is high for this subspecies sandy loam along eroding river banks. It habitats are fragmented. Threats such as because, although the two remaining is occasionally found in adjacent mesic road maintenance and enhancement, populations are widely separated and woods, but it will not persist in heavily infrastructure, and illegal dumping distributed, one or both populations shaded conditions. Currently, 16 natural threaten some occurrences. Blodgett’s could be eliminated by a single populations are known from the Gulf silverbush is vulnerable to natural disturbance. The threats are imminent Coastal Plain, Piedmont, and Ridge and disturbances, such as hurricanes, because recreational use is ongoing; Valley physiographic provinces of tropical storms, and storm surges. invasive nonnative species occur at both Alabama and Georgia. Populations of Climatic changes, including sea-level sites; windblown erosion and this species typically have a limited rise, are long-term threats that are deposition of the substrate is ongoing at number of individuals over a small area. expected to continue to affect pine the Klickitat County site; and high water Habitat degradation, more than rocklands and ultimately substantially flows may occur unpredictably in any outright habitat destruction, is the most reduce the extent of available habitat, year. Therefore, we have retained an serious threat to the continued existence especially in the Keys. Overall, the LPN of 3 for this subspecies. of this species. Disturbance, associated magnitude of threats is moderate Astragalus anserinus (Goose Creek with timber harvesting, road building, because not all of the occurrences are milkvetch)—The following summary is and grazing, has created favorable affected by the threats. In addition, land based on information in our files and in conditions for the invasion of exotic managers are aware of the threats from the petition received on February 3, weeds, especially Japanese honeysuckle exotic plants and lack of fire, and are, 2004. The majority (over 80 percent) of (), in this species’ to some extent, working to reduce these Astragalus anserinus sites in Idaho, habitat. A large number of the threats where possible. While a number Utah, and Nevada occur on Federal populations are currently or potentially of threats are occurring in some areas, lands managed by the Bureau of Land threatened by the presence of exotics. the threat from development is Management. The rest of the sites occur The heritage programs in Alabama and nonimminent as most occurrences are as small populations on private and Georgia have initiated plans for exotic on public land, and sea level rise is not State lands in Utah and on private land control at several populations. The currently affecting this species. Overall, in Idaho and Nevada. A. anserinus magnitude of threats to this species is the threats are nonimminent. Thus, we occurs in a variety of habitats, but is moderate to low due to the number of assigned an LPN of 11 to this species. typically associated with dry, tuffaceous populations (16) across multiple Artemisia borealis var. wormskioldii (made up of rock consisting of smaller counties in two States and due to the (Northern wormwood)—The following kinds of volcanic detritus) soils from the fact that several sites are protected. summary is based on information Salt Lake Formation. The species grows However, as a number of the contained in our files. No new on steep or flat sites, with soil textures populations are currently being affected information was provided in the ranging from silty to sandy to somewhat by nonnative plants, the threat is petition we received on May 11, 2004. gravelly. The species tolerates some imminent. Thus, we assigned an LPN of Historically known from eight sites, level of disturbance, based on its 8 to this species. northern wormwood is currently known occurrence on steep slopes where Argythamnia blodgettii (Blodgett’s from two populations in Klickitat and downhill movement of soil is common. silverbush)—The following summary is Grant Counties, Washington. This plant The primary threats to remaining A. based on information in our files. No is restricted to exposed basalt, cobbly- anserinus individuals consist of habitat new information was provided in the sandy terraces, and sand habitat along degradation and modifications to the petition we received on May 11, 2004. the shore and on islands in the ecosystem in which it occurs resulting Blodgett’s silverbush occurs in Florida Columbia River. The two populations from an altered wildfire regime, and and is found in open, sunny areas in are separated by 200 miles (322 associated activities to control wildfires pine rockland, edges of rockland kilometers) of the Columbia River and and rehabilitate burned-over areas. hammock, edges of coastal berm, and three large hydroelectric dams. The Other factors that also appear to sometimes disturbed areas at the edges Klickitat County population is threaten A. anserinus include livestock of natural areas. Plants can be found declining; the status is unclear for the use, invasive nonnative species, and the growing from crevices on limestone, or Grant County population; however, both inadequacy of regulatory mechanisms. on sand. The pine-rockland habitat are vulnerable to environmental Climate change effects to Goose Creek where the species occurs in Miami-Dade variability. Numerous surveys have not drainage habitats are possible, but we County and the Florida Keys requires detected additional plants. are unable to predict the specific periodic fires to maintain habitat with a Threats to northern wormwood impacts of this change to A. anserinus minimum amount of hardwoods. There include direct loss of habitat through at this time. Threats are high in

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66413

magnitude, as these threats have the it on a landscape scale. Other threats to of this notice. However, we are working potential to destroy whole populations. A. schmolliae include fires, fire break on a proposed listing rule that we The threats are nonimminent because clearings, drought, and inadequate expect to publish prior to making the they are not currently ongoing. Thus, we regulatory mechanisms. The threats to next annual resubmitted 12-month have assigned A. anserinus an LPN of 5. the species overall are imminent and petition finding. Astragalus microcymbus (Skiff moderate in magnitude, because the campylotheca ssp. waihoiensis milkvetch)—The following summary is species is currently facing them in many (Kookoolau)—We continue to find that based on information contained in our portions of its range, but the threats do listing this species is warranted, but files and in the petition we received on not collectively result in having a precluded as of the date of publication July 30, 2007. Astragalus microcymbus greater likelihood of bringing about of this notice. However, we are working is a perennial forb that dies back to the extinction on a short time scale. on a proposed listing rule that we ground every year. It has a very limited Therefore we have assigned A. expect to publish prior to making the range and a spotty distribution within schmolliae an LPN of 8. next annual resubmitted 12-month Gunnison and Saguache Counties in Astragalus tortipes (Sleeping Ute petition finding. Colorado, where it is found in open, milkvetch)—The following summary is Bidens conjuncta (Kookoolau)—We park-like landscapes in the sagebrush based on information contained in our continue to find that listing this species steppe ecosystem on rocky or cobbly, files. No new information was provided is warranted, but precluded as of the moderate to steep slopes of hills and in the petition we received on May 11, date of publication of this notice. draws. The most significant threats to A. 2004. Astragalus tortipes is a perennial However, we are working on a proposed microcymbus are recreation, roads, plant that grows only on the Smokey listing rule that we expect to publish trails, the overall inadequacy of existing Hills layer of the Mancos Shale prior to making the next annual regulatory mechanisms, and habitat Formation on the Ute Mountain Ute resubmitted 12-month petition finding. fragmentation and degradation. Indian Reservation in Montezuma Bidens micrantha ssp. ctenophylla Recreational impacts are likely to County, Colorado. In 2000, 3,744 plants (Kookoolau)—We continue to find that increase given the close proximity of A. were recorded at 24 locations covering listing this species is warranted, but microcymbus to the town of Gunnison 500 acres within an overall range of precluded as of the date of publication and the increasing popularity of 6,400 acres. Available information from of this notice. However, we are working mountain biking, motorcycling, and all- 2000 indicates that the species remains on a proposed listing rule that we terrain vehicles. Furthermore, the stable. expect to publish prior to making the Hartman Rocks Recreation Area draws Previous and ongoing threats from next annual resubmitted petition 12- users and contains over 40 percent of borrow pit excavation, off-highway month finding. the A. microcymbus units. Other threats vehicles, irrigation canal construction, Brickellia mosieri (Florida brickell- to the species include residential and and a prairie dog colony have had minor bush)—The following summary is based urban development; livestock, deer, and impacts that reduced the range and on information contained in our files. elk use; climate change; and increasing number of plants by small amounts. Off- No new information was provided in periodic drought, nonnative invasive highway vehicle use of the habitat has the petition we received on May 11, cheatgrass, and wildfire. We consider reportedly been controlled by fencing. 2004. This species is restricted to pine the threats to A. microcymbus to be Oil and gas development is active in the rocklands of Miami-Dade County, moderate in magnitude because while general area, but the Service has Florida. This habitat requires periodic serious and occurring rangewide, they received no information to indicate that prescribed fires to maintain the low do not collectively result in having a there is development within plant understory and prevent encroachment greater likelihood of bringing about habitat. The Tribe reported that the by native tropical hardwoods and exotic extinction on a short time scale. The status of the species remains plants, such as Brazilian pepper. Only threats are imminent because the unchanged, the population is healthy, one large occurrence is known to exist; species is currently facing them in many and a management plan for the species 15 other occurrences contain less than portions of its range. Therefore we have is currently in draft form. Despite these 100 individuals. Eleven occurrences are assigned A. microcymbus an LPN of 8. positive indications, we have no on conservation lands, while the rest of Astragalus schmolliae (Schmoll documentation concerning the current the extant populations are on private milkvetch)—The following summary is status of the plants, condition of habitat, land and are currently vulnerable to based on information contained in our and terms of the species management habitat loss and degradation. files and in the petition we received on plan being drafted by the Tribe. Thus, Climatic changes, including sea-level July 30, 2007. Astragalus schmolliae is at this time, we cannot accurately assess rise, are long-term threats that will a narrow endemic perennial plant that whether populations are being reduce the extent of habitat. This grows in the mature pinyon-juniper adequately protected from previously species is threatened by habitat loss, woodland of mesa tops in the Mesa existing threats. The threats are which is exacerbated by habitat Verde National Park area and in the Ute moderate in magnitude, because they degradation due to fire suppression, the Mountain Ute Tribal Park in Colorado. have had minor impacts. Based on difficulty of applying prescribed fire to The most significant threats to the information we have, the population pine rocklands, and threats from exotic species are degradation of habitat by appears to be stable. Until the plants. Remaining habitats are fire, followed by invasion by nonnative management plan is completed and fragmented. The species is vulnerable to cheatgrass and subsequent increase in made available, there are no regulatory natural disturbances, such as fire frequency. These threats currently mechanisms in place to protect the hurricanes, tropical storms, and storm affect about 40 percent of the species’ species. Overall, we conclude threats surges. Due to its restricted range and entire known range, and cheatgrass is are nonimminent. Therefore, we the small sizes of most isolated likely to increase given its rapid spread assigned an LPN of 11 to this species. occurrences, this species is vulnerable and persistence in habitat disturbed by Bidens campylotheca ssp. pentamera to environmental (catastrophic wildfires, fire and fuels management (Kookoolau)—We continue to find that hurricanes), demographic (potential and development of infrastructure, and listing this species is warranted, but episodes of poor reproduction), and the inability of land managers to control precluded as of the date of publication genetic (potential inbreeding

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66414 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

depression) threats. Ongoing is composed of nine separate sites on pubescens (Awikiwiki)— conservation efforts include projects approximately 10 hectares (ha) (24.7 We continue to find that listing this aimed at facilitating restoration and acres (ac)) of Klamath National Forest species is warranted, but precluded as management of public and private lands and privately owned lands that stretch of the date of publication of this notice. in Miami-Dade County and projects to for 6 kilometers (km) (3.7 miles (mi)) However, we are working on a proposed reintroduce and establish new along the Gunsight-Humbug Ridge, listing rule that we expect to publish populations at suitable sites within the Siskiyou County, California. In 2007, a prior to making the next annual species’ historical range. The Service is new occurrence was confirmed in the resubmitted 12-month petition finding. also pursuing additional habitat locality of Cottonwood Peak and Little (Christ’s restoration projects, which could help Cottonwood Peak, Siskiyou County, paintbrush)—The following summary is further improve the status of the where several populations are based on information contained in our species. Because of these efforts, the distributed over 164 ha (405 ac) on three files and the petition we received on overall magnitude of threats is individual mountain peaks in the January 2, 2001. Castilleja christii is moderate. The threats are ongoing and Klamath National Forest and on private found in one population covering thus imminent. We assigned this species lands. The northernmost occurrence approximately 85 ha (220 ac) on the an LPN of 8. consists of not more than five Siskiyou summit of Mount Harrison in Cassia expansa (Maui mariposa lily plants that were County, Idaho. This endemic species is reedgrass)—The following summary is discovered in 1998, on Bald Mountain, considered a hemiparasite (dependent based on information contained in our west of Ashland, Jackson County, on the health of their surrounding files. No new information was provided Oregon. native plant community), and it grows in the petition we received on May 11, Major threats include competition and in association with subalpine-meadow 2004. Calamagrostis expansa is a shading by native and nonnative species and sagebrush habitats. The population perennial grass found in wet forest and fostered by suppression of wildfire; may be large (greater than 10,000 bogs, and in bog margins, on the islands increased fuel loading and subsequent individual plants); however, the species of Maui and Hawaii, Hawaii. This risk of wildfire; fragmentation by roads, is considered to be subject to large species is known from 13 populations fire breaks, tree plantations, and radio- variations in annual abundance and an totaling fewer than 750 individuals. tower facilities; maintenance and accurate current population estimate is Calamagrostis expansa is threatened construction around radio towers and not available. Monitoring indicates that by habitat degradation and loss by feral telephone relay stations located on reproductive stems per plant and plant pigs, and by competition with nonnative Gunsight Peak and Mahogany Point; and density declined between 1995 and plants. Predation by feral pigs is a soil disturbance, direct damage, and 2007. Fluctuations have occurred since potential threat to this species. All of exotic weed and grass species 2007, with slight increases in the known populations of C. expansa on introduction as a result of heavy reproductive output and density in 2008 Maui occur in managed areas. Pig recreational use and construction of fire and decreases in 2009. Population exclusion fences have been constructed breaks. Dyer’s woad (Isatis tinctoria), an monitoring did not occur in 2010. and control of nonnative plants is invasive, nonnative plant that may The primary threat to the species is ongoing within the exclosures. On the prevent germination of Siskiyou the nonnative, invasive plant smooth island of Hawaii, fencing is planned for mariposa lily seedlings, is now found brome ( inermis). Despite the population in the Upper Waiakea throughout the southernmost California cooperative Forest Service and Service Forest Reserve. This species is occurrence, affecting 75 percent of the efforts to control smooth brome in 2007, represented in an ex situ collection. known lily habitat on Gunsight-Humbug 2008, 2009, and 2010, it still persists in Predation is a nonimminent threat. Ridge. Forest Service staff and the C. christii habitats. Other threats to C. However, threats to this species from Klamath-Siskiyou Wildlands Center cite christii from recreational use and feral pigs and nonnative plants are competition with dyer’s woad as a livestock trespass appear to be mostly ongoing, or imminent, and of high significant and chronic threat to the seasonal and affect only a small portion magnitude because they significantly survival of Siskiyou mariposa lily. of the population, and may not occur affect the species throughout its range, The combination of restricted range, every year. The magnitude of the threats leading to a relatively high likelihood of extremely low numbers (five plants) in to this species is moderate at this time extinction. Therefore, we retained an one of three disjunct populations, poor because, although the smooth brome LPN of 2 for this species. competitive ability, short seed dispersal control efforts have not eliminated the Calamagrostis hillebrandii distance, slow growth rates, low seed invasive plant, the Service and Forest (Hillebrand’s reedgrass)—We continue production, apparently poor survival Service are continuing their efforts in to find that listing this species is rates in some years, herbivory, habitat order to conserve this species. The warranted, but precluded as of the date disturbance, and competition from threat from smooth brome is imminent of publication of this notice. However, exotic plants threaten the continued because the threat still persists at a level we are working on a proposed listing existence of this species. These threats that affects the native plant rule that we expect to publish prior to are of high magnitude because of their communities that provide habitat for C. making the next annual resubmitted 12- potential to affect the overall survival of christii. Thus, we assign an LPN of 8 to month petition finding. the species negatively. Because the this species. Calochortus persistens (Siskiyou threats of competition from exotic Chamaecrista lineata var. keyensis mariposa lily)—The following summary plants are being addressed, they are not (Big Pine partridge pea)—The following is based on information contained in anticipated to overwhelm a large summary is based on information our files and the petition we received on portion of the species’ range in the contained in our files. No new September 10, 2001. The Siskiyou immediate future; in additions the information was provided in the mariposa lily is a narrow endemic that threats from low seed production and petition we received on May 11, 2004. is restricted to three disjunct ridge tops survival are longer-term threats. Thus, This pea is endemic to the lower Florida in the Klamath-Siskiyou Range on the overall the threats are nonimminent. As Keys, and restricted to pine rocklands, California-Oregon border. The such, we assigned an LPN of 5 to this hardwood hammock edges, and southernmost occurrence of this species species. roadsides and firebreaks within these

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66415

ecosystems. Historically, it was known uncontrolled but, overall, is and hurricanes are more long-term from Big Pine, Cudjoe, No Name, nonimminent. Overall, the threats from threats. Therefore, we assigned an LPN Ramrod, and Little Pine Keys (Monroe limited distribution and inadequate fire of 12 to this subspecies. We will County, Florida). In 2005, a small management are imminent because they continue to monitor any changes in population was detected on lower are ongoing. In addition, the most hydrological management that may Sugarloaf Key, but this population was consequential threats (hurricanes, storm affect the magnitude of threats to the not located after Hurricane Wilma; surges) are frequent, recurrent, and species. plants were likely killed by the tidal imminent. Therefore, we retained an Chamaesyce deltoidea ssp. serpyllum surge from this storm. It presently LPN of 9 for Big Pine partridge pea. (Wedge spurge)—The following occurs on Big Pine Key, with a very Chamaesyce deltoidea ssp. pinetorum summary is based on information small population on Cudjoe Key. It is (Pineland sandmat)—The following contained in our files. No new fairly well distributed in Big Pine Key summary is based on information information was provided in the pine rocklands, which encompass contained in our files. No new petition we received on May 11, 2004. approximately 580 hectares (1,433 information was provided in the Systematic surveys of publicly owned acres), approximately 360 hectares (890 petition we received on May 11, 2004. pine rockland throughout this plant’s acres) of which are within the Service’s The pineland sandmat is only known range were conducted during 2005– National Key Deer Refuge (NKDR). Over from Miami-Dade County, Florida. The 2006 and 2007–2008 to determine 80 percent of the population probably largest occurrence, estimated at more population size and distribution. Wedge exists on NKDR, with the remainder than 10,000 plants, is located on Long spurge is a small prostrate herb. It was distributed among State, County, and Pine Key within Everglades National historically, and remains, restricted to private properties. Hurricane Wilma Park. All other occurrences are smaller pine rocklands on Big Pine Key in (October 2005) resulted in a storm surge and are in isolated pine rockland Monroe County, Florida. Pine rocklands that covered most of Big Pine Key with fragments in heavily urbanized Miami- encompass approximately 580 hectares sea water. The surge reduced the Dade County. (1,433 acres) on Big Pine Key, Occurrences on private (non- population by as much as 95 percent in approximately 360 hectares (890 acres) conservation) lands and on one County- some areas. of which are within the Service’s owned parcel are at risk from Pine rockland communities are National Key Deer Refuge (NKDR). Most development and habitat degradation maintained by relatively frequent fires. of the species’ range falls within the and fragmentation. Conditions related to In the absence of fire, shrubs and trees NKDR, with the remainder on State, encroach on pine rockland, and this climate change, particularly sea-level County, and private properties. It is not subspecies is eventually shaded out. rise, will be a factor over the long term. widely dispersed within the limited NKDR has a prescribed fire program, All occurrences of the species are range. Occurrences are sparser in the although with many constraints on threatened by habitat loss and southern portion of Big Pine Key, which implementation. Habitat loss due to degradation due to fire suppression, the contains smaller areas of NKDR lands development was historically the difficulty of applying prescribed fire, than does the northern portion. Wedge greatest threat to the pea. Much of the and exotic plants. These threats are spurge inhabits sites with low woody remaining habitat is now protected on severe within small and unmanaged cover (e.g., low palm and hardwood public lands. Absence of fire now fragments in urban areas. However, the densities) and usually with exposed appears to be the greatest of the threats of fire suppression and exotics deterministic threats. Given the recent are reduced on lands managed by the rock or gravel. increase in hurricane activity, storm National Park Service. Hydrologic Pine rockland communities are surges are the greatest of the stochastic changes are considered to be another maintained by relatively frequent fires. threats. The small range and patchy threat. Hydrology has been altered In the absence of fire, shrubs and trees distribution of the subspecies increase within Long Pine Key due to artificial encroach on pine rockland, and the risk from stochastic events. Climatic drainage, which lowered ground water, subspecies is eventually shaded out. changes, including sea-level rise, are and by the construction of roads, which NKDR has a prescribed fire program, serious long-term threats. Models either impounded or diverted water. although with many constraints on indicate that even under the best of Regional water management intended to implementation. Habitat loss due to circumstances, a significant proportion restore the Everglades could negatively development was historically the of upland habitat will be lost on Big affect the pinelands of Long Pine Key in greatest threat to the wedge spurge. Pine Key by 2100. Additional threats the future. At this time, we do not know Much of the remaining habitat is now include restricted range, invasive exotic whether the proposed restoration and protected on public lands. Absence of plants, roadside dumping, loss of associated hydrological modifications fire now appears to be the greatest of the pollinators, seed predators, and will have a positive or negative effect on deterministic threats. Given the recent development. pineland sandmat. This narrow endemic increase in hurricane activity, storm We maintain the previous assessment may be vulnerable to catastrophic surges are the greatest of the stochastic that hurricanes, storm surges, lack of events and natural disturbances, such as threats. The small range and patchy fire, and limited distribution result in a hurricanes. Overall, the magnitude of distribution of the subspecies increases moderate magnitude of threat because a threats to this species is moderate; by risk from stochastic events. Climatic large part of the range is on conservation applying regular prescribed fire, the changes, including sea-level rise, are lands where threats are being addressed, National Park Service has kept Long serious long-term threats. Models although fire management is at much Pine Key’s pineland vegetation intact indicate that even under the best of slower rate than is required. The and relatively free of exotic plants, and circumstances, a significant proportion immediacy of hurricane threats is partnerships are in place to help address of upland habitat will be lost on Big difficult to characterize, but imminence the continuing threat of exotics on other Pine Key by 2100. Additional threats is considered high given that hurricanes pine rockland fragments. Overall, the include restricted range, invasive exotic (and storm surges) of various threats are nonimminent because fire plants, roadside dumping, loss of magnitudes are frequent and recurrent management at the largest occurrence is pollinators, seed predators, and events in the area. Sea-level rise remains regularly conducted and sea-level rise development.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66416 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

We maintain the previous assessment was brought to our attention 2 years ago, the islands where it occurred. Prior to that low fire-return intervals plus and the potential impacts to Hurricane Wilma in 2005, the hurricane-related storm surges, in Chorizanthe parryi var. fernandina have population was estimated at roughly combination with a limited, fragmented not yet been evaluated. We will be 5,000 individuals, with all but 500 distribution and threats from sea-level working with the landowners to manage occurring on one privately owned rise, result in a moderate magnitude of the site for the benefit of Chorizanthe island. An estimated 1,500 plants occur threat, in part, because a large part of parryi var. fernandina. The other on the mainland within ENP. the range is on conservation lands, population (Newhall Ranch) is under This species is threatened by habitat where some threats can be substantially the threat of development; however, a loss and modification, even on public controlled. The immediacy of hurricane candidate conservation agreement lands, and habitat loss and degradation threats is difficult to categorize, but in (CCA) is being developed with the due to threats from exotic plants at this case threats are imminent given that landowner, and it is possible that the almost all sites. The species is hurricanes (and storm surges) of various remaining plants can also be conserved. vulnerable to natural disturbances, such magnitudes are frequent and recurrent Until such an agreement is finalized, the as hurricanes, tropical storms, and events in the area. Sea-level rise remains threat of development and the potential storm surges. While these factors may uncontrolled, but over much of the damage to the Newhall Ranch also work to maintain coastal rock range is nonimminent compared to population still exists, as shown by the barren habitat in the long term, other prominent threats. Threats destruction of some plants during Hurricane Wilma affected occurrences resulting from limited fire occurrences installation of an agave farm. and habitat, at least in the short term. are imminent. As some of the major Furthermore, cattle grazing on Newhall Occurrences probably initially declined threats are ongoing, overall, the threats Ranch may be a threat. Cattle grazing due to inundation of its coastal barren are imminent. Therefore, we retained an may harm Chorizanthe parryi var. and rockland hammock habitats; long- LPN of 9 for this subspecies. fernandina by trampling and soil term effects on this species are Chorizanthe parryi var. fernandina compaction. Grazing activity could also unknown. Cape Sable thoroughwort (San Fernando Valley spineflower)— alter the nutrient (e.g., elevated organic appears to be vulnerable to cold The following summary is based on material levels) content of the soils for temperatures. It is not known to what information contained in our files and Chorizanthe parryi var. fernandina extent cold temperatures in January and the petition we received on December habitat through fecal inputs, which in December 2010 affected the species at 14, 1999. Chorizanthe parryi var. turn may favor the growth of other plant most locations, or what, if any, long- fernandina is a low-growing species that would otherwise not grow term effect this may have on the herbaceous, annual plant in the so readily on the mineral-based soils. population. Sea-level rise is considered buckwheat family. Germination occurs Over time, changes in species a major threat over the long term. following the onset of late-fall and composition may render the sites less Potential effects from other changes in winter rains and typically represents favorable for the persistence of freshwater deliveries and the different cohorts from the seed bank. Chorizanthe parryi var. fernandina. construction of the Buttonwood Canal Flowering occurs in the spring, Chorizanthe parryi var. fernandina may are unknown. Problems associated with generally between April and June. be threatened by invasive, nonnative small population size and isolation are Chorizanthe parryi var. fernandina plants, including grasses, which could likely major factors, as occurrences may grows up to 30 centimeters in height potentially displace it from available not be large enough to be viable; this and 5 to 40 centimeters across. The habitat; compete for light, water, and narrowly endemic plant has uncertain plant currently is known from two nutrients; and reduce survival and viability at most locations. Thus, these disjunct localities: the first is in the establishment. factors constitute a high magnitude of southeastern portion of Ventura County Chorizanthe parryi var. fernandina is threat. The threats of small population on a site within the Upper Las Virgenes particularly vulnerable to extinction due size, isolation, and uncertain viability Canyon Open Space Preserve, formerly to its concentration in two isolated are imminent because they are ongoing. known as Ahmanson Ranch, and the areas. The existence of only two areas of As a result, we assigned an LPN of 2 to second is in an area of southwestern Los occurrence, and a relatively small range, this species. Angeles County known as Newhall makes the variety highly susceptible to Consolea corallicola (Florida Ranch. Investigations of historical extinction or extirpation from a semaphore cactus)—The following locations and seemingly suitable habitat significant portion of its range due to summary is based on information in our within the range of the species have not random events such as fire, drought, files. No new information was provided revealed any other occurrences. and erosion. We retained an LPN of 6 in the petition we received on May 11, The threats currently facing for Chorizanthe parryi var. fernandina 2004. The Florida semaphore cactus is Chorizanthe parryi var. fernandina due to high-magnitude, nonimminent endemic to the Florida Keys, and was include threatened destruction, threats. discovered on Big Pine Key in 1919, but modification, or curtailment of its Chromolaena frustrata (Cape Sable that population was extirpated as a habitat or range, inadequacy of existing thoroughwort)—The following summary result of road building and poaching. regulatory mechanisms, and other is based on information contained in This cactus grows close to salt water on natural or manmade factors. The threats our files. No new information was bare rock with a minimum of humus to Chorizanthe parryi var. fernandina provided in the petition we received on soil cover in or along the edges of from habitat destruction or modification May 11, 2004. This species is found hammocks near sea level. The species is are slightly less than they were 7 years most commonly in open sun to partial known to occur naturally only in two ago. One of the two populations (Upper shade at the edges of rockland tropical areas, Swan Key within Biscayne Las Virgenes Canyon Open Space hammock and in coastal rock barrens. National Park and Little Torch Key. Preserve) is in permanent, public There are nine extant occurrences Outplantings have been attempted in ownership and is being managed by an located on five islands in the Florida several locations in the upper and lower agency that is working to conserve the Keys and one small area in Everglades Keys; however, success has been low. plant; however, the use of adjacent National Park (ENP). In the Keys, the Few plants remain in the population at habitat for Hollywood film productions plant has been extirpated from half of The Nature Conservancy’s Torchwood

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66417

Hammock Preserve on Little Torch Key. This species is threatened by However, we are working on a proposed During monitoring work conducted in maintenance of trails and power line listing rule that we expect to publish 2005, a total of 655 plants were rights-of-way in the Gua´nica prior to making the next annual documented at the Swan Key Commonwealth Forest, and residential resubmitted 12-month petition finding. population. In 2008–2010, the and commercial development in Cyrtandra oxybapha (Haiwale)—We population was estimated by Biscayne Pen˜ uelas, Yauco, and Anegada Island. continue to find that listing this species National Park staff to consist of Cordia rupicola is also vulnerable to is warranted, but precluded as of the approximately 600 individuals. Asexual natural (e.g., hurricanes) or manmade date of publication of this notice. reproduction is the main life-history (e.g., human-induced fires) threats. However, we are working on a proposed strategy of this species. Recent genetic Furthermore, the population on listing rule that we expect to publish studies have shown no variation within Anegada Island, which is considered the prior to making the next annual populations and very limited variation healthiest population, is expected to be resubmitted 12-month petition finding. between populations. Findings support affected sea-level rise as most of the carthagenensis ssp. floridana the conclusion that the Swan Key suitable habitat for the species is below (Florida prairie-clover)—The following (upper Keys) and Little Torch Key 3 meters above sea level. For these summary is based on information (lower Keys) populations and an reasons, we believe that the magnitude contained in our files. No new individual plant from Big Pine Key of the current threats should be information was provided in the (single plant in ex situ collection; lower considered high. About 60 percent of petition we received on May 11, 2004. Keys) are clonally derived. Studies known adult plants are located in Dalea carthagenensis var. floridana examining the reproductive of protected lands managed for occurs in Big Cypress National Preserve the species indicate that all extant wild conservation by the Puerto Rico (BCNP) in Monroe and Collier Counties and cultivated plants are male. Department of Natural and and at six locations within Miami-Dade The causes for the population decline Environmental Resources or the Service. County, Florida, albeit mostly in limited of this species include destruction or For these reasons, threats to Cordia numbers. There are a total of nine extant modification of habitat, predation from rupicola on the whole are high occurrences, seven of which are on nonnative magnitude and nonimminent, and conservation lands. In addition, plants and disease, poaching and vandalism, therefore we have assigned a listing were reintroduced to a park in Miami- hurricanes, and climatic changes, priority number of 5. However, the Dade County in 2006, but only four including sea-level rise. Sea-level rise is threats faced by the species are expected remained after 8 months. considered a serious threat to the to increase in the future, and therefore Existing occurrences are extremely species and its habitat; all extant may become imminent, if conservation small and may not be viable, especially populations are located in low-lying measures are not implemented and some of the occurrences in Miami-Dade areas. All remaining populations are long-term impacts are not averted. County. Remaining habitats are under threat of predation from the Cyanea asplenifolia (Haha)—We fragmented. Climatic changes, including exotic moth, and are susceptible to root- continue to find that listing this species sea-level rise, are long-term threats that rot disease. Competition from invasive is warranted, but precluded as of the are expected to reduce the extent of exotic plants is a threat at Swan Key; date of publication of this notice. habitat. This plant is threatened by however, efforts by Biscayne National However, we are working on a proposed habitat loss and degradation due to fire Park are underway to address this listing rule that we expect to publish suppression, the difficulty of applying threat. This species is inherently prior to making the next annual prescribed fire to pine rocklands, and vulnerable to stochastic losses, resubmitted 12-month petition finding. competition from exotic plants. Damage especially at its smaller populations. A Cyanea kunthiana (Haha)—We to plants by off-road vehicles is a lack of variation and limited sexual continue to find that listing this species serious threat within the BCNP; damage reproduction makes the remaining small is warranted, but precluded as of the attributed to illegal mountain biking at population even more susceptible to date of publication of this notice. the R. Hardy Matheson Preserve has natural or manmade factors. Overall, the However, we are working on a proposed been reduced. One location within magnitude of threats is high. The listing rule that we expect to publish BCNP is threatened by changes in numerous threats are ongoing and, prior to making the next annual mowing practices; this threat is low in therefore, are imminent. Thus, we resubmitted 12-month petition finding. magnitude. This species is being assigned this species an LPN of 2. Cyanea obtusa (Haha)—We continue parasitized by the introduced insect Cordia rupicola (no common name)— to find that listing this species is lobate lac scale (Paratachardina The following summary is based on warranted but precluded as of the date pseudolobata) at some localities (e.g., R. information contained in our files. No of publication of this notice. However, Hardy Matheson Preserve), but we do new information was provided in the we are working on a proposed listing not know the extent of this threat. This petition we received on May 11, 2004. rule that we expect to publish prior to plant is vulnerable to natural Cordia rupicola is a small shrub that has making the next annual resubmitted 12- disturbances, such as hurricanes, been described from southwestern month petition finding. tropical storms, and storm surges. Due Puerto Rico, Vieques Island, and Cyanea tritomantha (‘Aku)—We to its restricted range and the small sizes Anegada Island (British Virgin Islands). continue to find that listing this species of most isolated occurrences, this All these sites lay within the subtropical is warranted, but precluded as of the species is vulnerable to environmental dry forest life zone overlying a date of publication of this notice. (catastrophic hurricanes), demographic limestone substrate. Cordia rupicola has However, we are working on a proposed (potential episodes of poor a restricted distribution. Currently, listing rule that we expect to publish reproduction), and genetic (potential approximately 227 individuals are prior to making the next annual inbreeding depression) threats. The known from 4 locations: Pen˜ uelas, resubmitted 12-month petition finding. magnitude of threats is high because of Yauco, Gua´nica Commonwealth Forests, Cyrtandra filipes (Haiwale)—We the limited number of occurrences and and Vieques National Wildlife Refuge. continue to find that listing this species the small number of individual plants at Additionally, the species is reported as is warranted, but precluded as of the each occurrence. The threats are common in Anegada. date of publication of this notice. imminent; even though many sites are

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66418 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

on conservation lands, these plants still of suitable habitat diminishes the on a proposed listing rule that we face significant ongoing threats. potential for reintroduction into its expect to publish prior to making the Therefore, we have assigned an LPN of historical range. Extant occurrences are next annual resubmitted petition 12- 3 to Florida prairie-clover. in low-lying areas and will be affected month finding. Dichanthelium hirstii (Hirst Brothers’ by climate change and rising sea level. Eriogonum corymbosum var. nilesii panic grass)—The following summary is Fire suppression, the difficulty of (Las Vegas buckwheat)—The following based on information contained in our applying prescribed fire to pine summary is based on information files. No new information was provided rocklands, and threats from exotic contained in our files and the petition in the petition we received on May 11, plants are ongoing threats. As the only we received on April 23, 2008. 2004. Dichanthelium hirstii is a known remaining occurrences are on Eriogonum corymbosum var. nilesii is a perennial grass that produces erect, lands managed by the National Park woody perennial shrub up to 4 feet high leafy, flowering stems from May to Service, the threats of fire suppression with a mounding shape. The flowers of October. Dichanthelium hirstii occurs in and exotics are somewhat reduced. The this plant are numerous, small, and coastal plain intermittent ponds, usually presence of the exotic Old World yellow with small, bract-like leaves at in wet savanna or pine barren habitats, climbing fern is of particular concern the base of each flower. Eriogonum and is found at only two sites in New due to its ability to spread rapidly. In corymbosum var. nilesii is very Jersey, one site in Delaware, and one Big Cypress National Preserve, plants conspicuous when flowering in late site in North Carolina. While all four are threatened by off-road vehicle use. September and early October. It is extant D. hirstii populations are located Changes to hydrology are a potential restricted to sparsely vegetated, gypsum on public land or privately owned threat. Hydrology has been altered soil outcroppings and is found conservation lands, natural threats to within Long Pine Key due to artificial historically only in Clark County, the species from encroaching vegetation drainage, which lowered ground water, Nevada. In 2004, morphometrics were and fluctuations in climatic conditions and construction of roads, which either used to classify this plant as the unique remain of concern, and may be impounded or diverted water. Regional variety nilesii, and its unique taxonomy exacerbated by anthropogenic factors water management intended to restore was verified using molecular genetic occurring adjacent to the species’ the Everglades has the potential to affect analyses in 2007. Recent surveys have wetland habitat. Given the low number the pinelands of Long Pine Key, where expanded E. corymbosum var. nilesii’s of plants found at each site, even minor a large population occurs. At this time, range to Lincoln County, Nevada, and changes in the species’ habitat could it is not known whether Everglades Washington County, Utah. result in local extirpation. Loss of any restoration will have a positive or Eriogonum corymbosum var. nilesii known sites could result in a serious negative effect. This narrow endemic was added to the candidate list in contraction of the species’ range. may be vulnerable to catastrophic December 2007 due to continued loss of However, the most immediate and events and natural disturbances, such as habitat from development of over 95 severe threats to this species (i.e., hurricanes. Overall, the magnitude of percent of its core historical range and ditching of the Labounsky Pond site and threats is high. Only two known potential habitat. In addition, off- encroachment of aggressive vegetative occurrences remain and the likelihood highway vehicle activity and other competitors) have been curtailed or are of establishing a sizable population on public land uses (casual public use, being actively managed by The Nature other lands is diminished due to mining, and illegal dumping) directly Conservancy at one New Jersey site and continuing habitat loss. Impacts from threaten over 95 percent of the by the Delaware Division of Fish and climate change and sea-level rise are remaining habitat. It was petitioned for Wildlife and Delaware Natural Heritage currently low, but expected to be severe listing in April 2008 and a warranted- Program at the Assawoman Pond, in the future. The majority of threats are but-precluded determination was made Delaware site. Based on nonimminent nonimminent, as they are long-term in in December 2008 (73 FR 75176; threats of a high magnitude, we retain nature (water management, hurricanes, December 10, 2008). To date, regulatory an LPN of 5 for this species. and sea-level rise). Therefore, we mechanisms to protect E. corymbosum Digitaria pauciflora (Florida pineland assigned an LPN of 5 for this species. var. nilesii are inadequate. Its crabgrass)—The following summary is Echinomastus erectocentrus var. designation as a Bureau of Land based on information contained in our acunensis (Acuna cactus)—We continue Management (BLM) special status files. No new information was provided to find that listing this species is species has not provided adequate in the petition we received on May 11, warranted, but precluded as of the date protection on lands managed by BLM. 2004. Pine rocklands in Miami-Dade of publication of this notice. However, Eriogonum corymbosum var. nilesii is County have largely been destroyed by we are working on a proposed listing not protected by the State of Nevada or residential, commercial, and urban rule that we expect to publish prior to Utah or by any other regulatory development and by agriculture. With making the next annual resubmitted mechanisms on other Federal lands. We most remaining habitat having been petition 12-month finding. have determined that candidate status is negatively altered, this species has been Erigeron lemmonii (Lemmon warranted for this variety as a result of extirpated from much of its historical fleabane)—We continue to find that threats to the remaining habitat and range, including extirpation from all listing this species is warranted, but inadequate regulatory mechanisms. areas outside of National Parks. Two precluded as of the date of publication Conservation measures are being large occurrences remain within of this notice. However, we are working developed that could reduce the risks to Everglades National Park and Big on a proposed listing rule that we occupied habitat, but these measures are Cypress National Preserve; plants on expect to publish prior to making the not sufficiently complete as to remove Federal lands are protected from the next annual resubmitted petition 12- these threats. The magnitude of threats threat of habitat loss due to month finding. is high because the more significant development. However, any unknown Eriogonum codium (Umtanum Desert threats (urban development and surface plants, indefinite occurrences, and buckwheat)—We continue to find that mining) would result in direct mortality suitable habitat remaining on private or listing this species is warranted, but of the plants in over half of the known non-conservation land are threatened by precluded as of the date of publication habitat. While both development and development. Continued development of this notice. However, we are working mining are very likely to occur in the

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66419

future, they are not expected to happen hawaiiensis (no common Mexican populations, near Fraile in in the immediate future due to name)—The following summary is southern Coahuila, and the Sierra de la economic decline, and thus, the threats based on information contained in our Madera in central Coahuila, have not are nonimminent. Accordingly, we files. No new information was provided been monitored since 1941 and 1977, assigned E. corymbosum var. nilesii an in the petition we received on May 11, respectively. A great amount of LPN of 6. 2004. This species is a cespitose potentially suitable habitat in Coahuila Eriogonum kelloggii (Red Mountain (growing in dense, low tufts) annual has never been surveyed. buckwheat)—The following summary is found in dry forest on the island of The potential threats to Guadalupe based on information contained in our Hawaii, Hawaii. Festuca hawaiiensis is fescue include changes in the wildfire files and information provided by the known from 4 populations totaling cycle and vegetation structure, California Department of Fish and approximately 1,000 individuals in and trampling from humans and pack Game. No new information was around the Pohakuloa Training Area. animals, grazing, trail runoff, fungal provided in the petition we received on Historically, this species was also found infection of seeds, small sizes and May 11, 2004. Red Mountain buckwheat on Hualalai and Puu Huluhulu, but it no isolation of populations, and limited is a perennial herb endemic to longer occurs at these sites. Festuca genetic diversity. The Service and the serpentine habitat of lower montane hawaiiensis possibly occurred on Maui. National Park Service established a forests found between 1,900 and 4,100 This species is threatened by pigs, candidate conservation agreement feet. Its distribution is limited to the Red goats, mouflon, and sheep that degrade (CCA) in 2008 to provide additional Mountain and Little Red Mountain areas and destroy habitat; fire; military protection for the Chisos Mountains of Mendocino County, California, where training activities; and nonnative plants population, and to promote cooperative it occupies in excess of 81 acres, and that outcompete and displace it. Feral conservation efforts with U.S. and 900 square feet, respectively. The pigs, goats, mouflon, and sheep have Mexican partners. The threats to known species distribution by been fenced out of a portion of the Guadalupe fescue are of moderate ownership is described as follows: populations of F. hawaiiensis, and magnitude, and are nonimminent, due Federal (Bureau of Land Management), nonnative plants have been reduced in to the provisions of the CCA and other 83 percent; private, 17 percent; State of the fenced area, but the majority of the conservation efforts, as well as the California, less than 1 percent. populations are still affected by threats likelihood that other populations exist Occupied habitat at Red Mountain is from ungulates. The threats are in mountains of Coahuila that have not scattered over 4 square miles. Total imminent because they are not been surveyed. Thus, we maintained the population size has not been controlled and are ongoing in the LPN of 11 for this species. determined, but a preliminary estimate remaining, unfenced populations. remyi (Nanu)—The suggests the population may be in Firebreaks have been established at two following summary is based on excess of 63,000 plants, occupying more populations, but fire is an imminent information contained in our files. No than 44 discrete habitat polygons. threat to the remaining populations that new information was provided in the Intensive monitoring of permanent plots have no firebreaks. The threats are of a petition we received on May 11, 2004. on three study sites in Red Mountain high magnitude because they could Gardenia remyi is a tree found in mesic suggests considerable annual variation adversely affect the majority of F. to wet forest on the islands of Kauai, in plant density and reproduction, but hawaiiensis populations resulting in Molokai, Maui, and Hawaii, Hawaii. no discernable population trend was direct mortality or reduced reproductive Gardenia remyi is known from 19 evident in two of three study sites. One capacity. Therefore, we retained an LPN populations totaling between 85 and 87 study site showed a 65 percent decline of 2 for this species. individuals. in plant density over 11 years. Festuca ligulata (Guadalupe fescue)— This species is threatened by pigs, The primary threat to this species is The following summary is based on goats, and deer that degrade and destroy the potential for surface mining for information obtained from the original habitat and possibly prey upon the chromium and nickel. Virtually the species petition, received in 1975, and species, and by nonnative plants that entire distribution of Red Mountain from our files, on-line herbarium outcompete and displace it. Gardenia buckwheat is either owned by mining databases, and scientific publications. remyi is also threatened by landslides interests, or is covered by existing Six small populations of Guadalupe and reduced reproductive vigor on the mining claims, none of which are fescue, a member of the (grass island of Hawaii. This species is currently active. Surface mining would family), have been documented in represented in ex situ collections. On destroy habitat suitability for this mountains of the Chihuahuan desert in Kauai, G. remyi individuals have been species. The species is also believed Texas and in Coahuila, Mexico. Only outplanted within ungulate-proof threatened by tree and shrub two extant populations have been exclosures in two locations. Feral pigs encroachment into its habitat, in confirmed in the last 5 years, in the have been fenced out of the west Maui absence of fire. Some 42 percent of its Chisos Mountains, Big Bend National populations of G. remyi, and nonnative known distribution occurred within the Park, Texas, and in the privately owned plants have been reduced in those areas. boundary of the Red Mountain Fire of Area de Proteccio´n de Flora y Fauna However, these threats are not June 2008. However, the extent and (Protected Area for Flora and Fauna— controlled and are ongoing in the manner in which Eriogonum kelloggii APFF) Maderas del Carmen in northern remaining, unfenced populations, and and its habitat were affected by that fire Coahuila. Despite intensive searches, a are, therefore, imminent. In addition, is not yet known. The single population population known from Guadalupe the threat from goats and deer is located at Little Red Mountain appears Mountains National Park, Texas, has not ongoing and imminent throughout the to have been affected, and perhaps been found since 1952 and is presumed range of the species, because no goat or eliminated by fire-control efforts. Given extirpated. In 2009, Mexican botanists deer control measures have been the magnitude (high) and immediacy confirmed Guadalupe fescue at one site undertaken for any of the populations of (nonimminent) of the threat to the in APFF Maderas del Carmen, but could G. remyi. All of the threats are of a high small, scattered populations, and given not find the species at the original site, magnitude because habitat destruction, its taxonomy (species), we assigned an known as Sierra El Jardı´n, which was predation, and landslides could LPN of 5 to this species. first reported in 1973. Two additional significantly affect the entire species,

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66420 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

resulting in direct mortality or reduced Environmental Resources recognizes coastal development from Tijuana to reproductive capacity, leading to a Gonocalyx concolor as a critical Ensenada. relatively high likelihood of extinction. element. In addition, the Carite The native population in the United Therefore, we retained an LPN of 2 for Commonwealth Forest is designated as States is within an area that receives this species. a Critical Wildlife Area by the public use; however, management at Geranium hanaense (Nohoanu)—We Commonwealth of Puerto Rico. Despite this site has minimized impacts continue to find that listing this species these conservation efforts, damages to associated with habitat degradation. is warranted, but precluded as of the the species still occur due to its This species has a very low date of publication of this notice. restricted distribution and location near reproductive output, although the However, we are working on a proposed telecommunication facilities, which causes are as yet unknown. Competition listing rule that we expect to publish renders the species vulnerable to both from invasive, nonnative plants may prior to making the next annual natural (e.g., hurricanes, landslides) and pose a threat to the reproductive resubmitted 12-month petition finding. manmade impacts. Thus, we consider potential of this species. In one study, Geranium hillebrandii (Nohoanu)— 95 percent of the flowers examined were that existing laws and regulations have We continue to find that listing this damaged by insects or fungal agents or not been effectively enforced to protect species is warranted, but precluded as aborted prematurely, and insects or these populations. Moreover, we believe of the date of publication of this notice. fungal agents damaged 50 percent of the However, we are working on a proposed that inadequacy of regulatory seeds produced. All of the populations listing rule that we expect to publish mechanisms is a current threat to the in the United States are small and one prior to making the next annual species. Overall, we consider current test population is declining. Small resubmitted 12-month petition finding. threats to Gonocalyx concolor to be high populations are considered subject to Gonocalyx concolor (no common in magnitude but nonimminent, as there random events and reductions in fitness name)—The following summary is are no known projects within the due to low genetic variability. Threats based on information contained in our Commonwealth protected area. Habitat associated with small population size files. No new information was provided modification of this species has been are further exacerbated by the limited in the petition we received on May 11, only observed in one site at Cerro La range and low reproductive output of 2004. Gonocalyx concolor is a small, Santa area. Therefore, we have assigned this species. However, if low seed evergreen, epiphytic or terrestrial shrub. an LPN of 5 to Gonocalyx concolor. production is because of ecosystem This species is currently known from orcuttii (Orcutt’s disruptions, such as loss of effective two populations: one at Cerro La Santa hazardia)—The following summary is pollinators, there could be additional and the other at Charco Azul, both in based on information contained in our threats that need to be addressed. Due the Carite Commonwealth Forest. This files and the petition we received on to low abundance and a very small area forest is located in the Sierra de Cayey March 8, 2001. Hazardia orcuttii is an of occupancy, any regional fire would and extends through the municipalities evergreen shrubby species in the be a rangewide threat. Furthermore, of Guayama, Cayey, Caguas, San (sunflower) family. The erect because the soil seed bank is poor and Lorenzo, and Patillas in southeastern shrubs are 50 to 100 centimeters (20 to seed viability is low, recovery from a Puerto Rico. The population previously 40 inches) high. The only known extant fire may be especially challenging. The reported in the National native occurrence of this species in the response mechanism of this species to Forest apparently no longer exists. In United States occupies 2 ha (5 ac) in the fire is unknown. Overall, the threats to 1996, approximately 172 plants were Manchester Conservation Area in H. orcuttii are of a high magnitude reported at Cerro La Santa. However, in northwestern San Diego County, because they have the potential to 2006, only 25 individuals were reported significantly reduce the reproductive at this site, and four were located in California. This site is managed by Center for Natural Lands Management potential of this species. The threats are Charco Azul. At Cerro La Santa, the nonimminent overall because the most (CNLM). Using material derived from species is found growing on trees significant threats (invasive, nonnative the native population, the CNLM located close to communication towers, plants and low reproductive output) are facilitated the establishment of test roads, plantations, and trails. long-term in nature. This species faces populations at four additional sites in The Gonocalyx concolor population high-magnitude nonimminent threats; found at Cerro La Santa is threatened by northwest San Diego County, California, therefore, we assigned this species an habitat destruction and modification including a second site in the LPN of 5. caused by vegetation clearing around Manchester Conservation Area, Kelly Hedyotis fluviatilis (Kamapuaa)—The telecommunication towers. Although Ranch Habitat Conservation Area, following summary is based on the species is located within a Rancho La Costa Habitat Conservation information contained in our files. No Commonwealth forest, which is Area, and San Elijo Lagoon. Hazardia new information was provided in the protected by Law No. 133 (‘‘Ley de orcuttii also occurs at a few coastal sites petition we received on May 11, 2004. Bosques de Puerto Rico’’ or The Puerto in Mexico, where it recently became Hedyotis fluviatilis is a scandent shrub Rico Forest Law), unauthorized listed as endangered under Mexican found in mixed shrubland to wet maintenance of existing communication environmental law. The total number of lowland forest on the islands of Oahu facilities continue to result in loss of plants at the only native site in the and Kauai, Hawaii. This species is individuals. Gonocalyx concolor is not United States is approximately 669 known from 11 populations totaling currently listed in the Commonwealth adults, and it is unknown if between 400 and 900 individuals. Regulation No. 6766 (‘‘Reglamento para reproduction is occurring. The five Hedyotis fluviatilis is threatened by pigs Regir las Especies Vulnerables y en additional test populations collectively and goats that degrade and destroy Peligro de Extincio´n en el Estado Libre support approximately 483 adults, 17 habitat, and by nonnative plants that Asociado de Puerto Rico’’), which juveniles, and 322 seedlings, and outcompete and displace it. Landslides provides protection for endangered and reproduction is occurring in three test and hurricanes are a potential threat to threatened species. However, the populations. The population in Mexico populations on Kauai. Predation by pigs Natural Heritage Program of the Puerto is estimated to be 1,100 plants. The and goats is a likely threat. This species Rico Department of Natural and occurrences in Mexico are threatened by is represented in an ex situ collection;

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66421

however, there are no other flowers arranged in capitate cymes. montane forest on the islands of Kauai, conservation actions implemented for Ivesia webberi occurs very infrequently Oahu, Molokai, Maui, and Hawaii, this species. We retained an LPN of 2 in Lassen, Plumas, and Sierra Counties Hawaii. This subspecies is known from because the severity of the threats to the in California, and in Douglas and 44 widely scattered populations totaling species is high and the threats are Washoe Counties, Nevada. The species approximately 200 individuals. Plants ongoing and, therefore, imminent. is restricted to sites with sparse are typically found as only one or two Helianthus verticillatus (Whorled vegetation and shallow, rocky soils individuals, with miles between sunflower)—The following summary is composed of volcanic ash or derived populations. based on information contained in our from andesitic rock. Occupied sites This subspecies is threatened by files. No new information was provided generally occur on mid-elevation flats, destruction or modification of habitat by in the petition we received on May 11, benches, or terraces on mountain slopes pigs, goats, and deer, and by nonnative 2004. The whorled sunflower is found above large valleys along the transition plants that outcompete and displace in moist, prairie-like openings in zone between the eastern edge of the native plants. Predation by pigs, goats, woodlands and along adjacent creeks. northern Sierra Nevada and the deer, and rats is a likely threat to this Despite extensive surveys throughout its northwestern edge of the Great Basin. species. Landslides are a potential threat range, only five populations are known Currently, the global population is to populations on Kauai and Molokai. for this species; two populations in estimated at approximately 5 million Seedlings have rarely been observed in Cherokee County, Alabama; one individuals at 16 known sites. The the wild. Seeds germinate in cultivation, population in Floyd County, Georgia; Nevada sites support nearly 98 percent but most die soon thereafter. It is and one population each in Madison of the total number of individuals (4.9 uncertain if this rarity of reproduction is and McNairy Counties, Tennessee. This million) on about 25 acres (10 hectares) typical of this subspecies, or if it is species appears to have restricted of occupied habitat. The California sites related to habitat disturbance. Feral pigs ecological requirements and is are larger in area, totaling about 157 have been fenced out of a few of the dependent upon the maintenance of acres (63 hectares), but support fewer populations of this subspecies, and prairie-like openings for its survival. individuals (approximately 120,000). nonnative plants have been reduced in Active management of habitat is needed The primary threats to I. webberi those populations that are fenced. to keep competition and shading under include urban and commercial However, these threats are not control. Much of its habitat has been development, authorized and controlled and are ongoing in the degraded or destroyed for agricultural, unauthorized roads, off-highway vehicle remaining, unfenced populations. This silvicultural, and residential purposes. (OHV) activities, livestock grazing and species is represented in ex situ Populations near roadsides or trampling, wildfire and fire suppression collections. The threats are of high powerlines are threatened by herbicide activities, and displacement by invasive magnitude because habitat degradation, usage in association with right-of-way species. Despite the high numbers of nonnative plants, and predation result maintenance. The majority of the individuals, direct and indirect impacts in mortality or severely affect the Georgia population is protected due to to the species and its habitat, reproductive capacity of the majority of its location within a conservation specifically from urban development populations of this species, leading to a easement; however, only 15 to 20 plants and OHV activity, remain high and are relatively high probability of extinction. are estimated to occur at this site. The likely to increase. In addition, these The threats are ongoing, and thus are remaining four sites are not formally threats have a significant likelihood of imminent. Therefore, we retained an protected, but efforts have been taken to bringing about extinction on a relative LPN of 3 for this subspecies. abate threats associated with highway short time scale, and we therefore Leavenworthia crassa (Gladecress)— right-of-way maintenance at one conclude that the threats are of high The following information is based on Alabama population. In addition, magnitude. However, the U.S. Forest information contained in our files. No despite past concerns about threats from Service has developed a conservation new information was provided in the timber removal degrading H. strategy that commits to management, petition we received on May 11, 2004. verticillatus habitat, the other Alabama monitoring, and research to protect this This species of gladecress is a population has responded favorably to species on National Forest lands where component of glade flora, occurring in canopy removal that took place circa most populations are found, and the association with limestone 2001. Therefore, threats are of moderate State of Nevada has listed the species as outcroppings. Leavenworthia crassa is magnitude, although imminent because critically endangered, which provides a endemic to a 13-mile radius area in they are ongoing. Thus, we assigned this mechanism to track future impacts on north central Alabama in Lawrence and species an LPN of 8. private lands. In addition, both the U.S. Morgan Counties, where only six Hibiscus dasycalyx (Neches River Forest Service and State of Nevada have populations of this species are rose-mallow)—We continue to find that agreed to coordinate closely with the documented. Glade habitats today have listing this species is warranted but Fish and Wildlife Service on all been reduced to remnants fragmented precluded as of the date of publication activities that may affect this species. by agriculture and development. of this notice. However, we are working For these reasons, we have determined Populations of this species are now on a proposed listing rule that we that the threats to I. webberi are located in glade-like areas exhibiting expect to publish prior to making the nonimminent and we are maintaining various degrees of disturbance including next annual resubmitted petition 12- an LPN of 5. pastureland, roadside rights-of-way, and month finding. Joinvillea ascendens ssp. ascendens cultivated or plowed fields. The most Ivesia webberi (Webber ivesia)—The (Ohe)—The following summary is based vigorous populations of this species are following summary is based on on information contained in our files. located in areas which receive full, or information contained in our files. No No new information was provided in near full, sunlight with limited new information was provided in the the petition we received on May 11, herbaceous competition. The magnitude petition we received on May 11, 2004. 2004. Joinvillea ascendens ssp. of threat is high for this species, because Ivesia webberi is a low, spreading, ascendens is an erect herb found in wet with the limited number of populations, perennial herb with grayish-green to mesic Metrosideros polymorpha- the threats could result in direct foliage; dark red, wiry stems; and yellow Acacia koa (ohia-koa) lowland and mortality or reduced reproductive

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66422 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

capacity of the species. This species hurricanes, tropical storms, and storm exacerbated by habitat degradation due appears to be able to adjust to periodic surges. Hurricane Wilma inundated to fire suppression, the difficulty of disturbances and the potential impacts most of its habitat on Big Pine Key in applying prescribed fire to pine to populations from competition, 2005, and plants were not found 8 to 9 rocklands, and threats from exotic exotics, and herbicide use are weeks post-storm; the density of sand plants. Remaining habitats are nonimminent. Thus, we assigned an flax declined to zero in all management fragmented. Non-compatible LPN of 5 to this species. units at The Nature Conservancy’s management practices are also a threat Leavenworthia texana (Texas golden preserve in 2006. In a 2007 post- at most protected sites; several sites are gladecress)—We continue to find that hurricane assessment, sand flax was mowed during the flowering and listing this species is warranted, but found in northern plots, but not in any fruiting season. In the absence of fire, precluded as of the date of publication of the southern plots on Big Pine Key. periodic mowing can, in some cases, of this notice. However, we are working More current data are not available. Due help maintain open, shrub-free on a proposed listing rule that we to the small and fragmented nature of understory and provide benefits to this expect to publish prior to making the the current population, stochastic plant. However, mowing can also next annual resubmitted petition 12- events, disease, or genetic bottlenecks eliminate reproduction entirely in very month finding. may strongly affect this species in the young plants, delay reproductive arenicola (Sand flax)—The Florida Keys. Reduced pollinator maturation, and kill adult plants. With following summary is based on activity and suppression of pollinator flexibility in timing and proper information contained in our files. No populations from pesticides used in management, threats from mowing new information was provided in the mosquito control and decreased seed practices can be reduced or negated. petition we received on May 11, 2004. production due to increased seed Carter’s small-flowered flax is Sand flax is found in pine rockland and predation in a fragmented wildland vulnerable to natural disturbances, such marl prairie habitats which require urban interface may also affect sand as hurricanes, tropical storms, and periodic wildfires in order to maintain flax; however, not enough information storm surges. This species exists in such an open, shrub free subcanopy and is known on this species’ reproductive small numbers at so few sites, that it reduce leaf litter levels. Based upon biology or life history to assess these may be difficult to develop and available data, there are 11 extant potential threats. maintain viable occurrences on the occurrences of sand flax; 11 others have Overall, the magnitude of threats is available conservation lands. Although been extirpated or destroyed. For the high. Because development is not no population viability analysis has most part, only small and isolated immediate for the majority of the largest been conducted for this plant, occurrences remain in low-lying areas population in Miami-Dade County, the indications are that existing occurrences in a restricted range of southern Florida threat of habitat loss at this location is are at best marginal, and it is possible and the Florida Keys. nonimminent. In addition, the finding that none are truly viable. As a result, Habitat loss and degradation due to of a larger population than previously the magnitude of threats is high. The development is a major threat and most known, combined with its location on threats are ongoing, and thus are of the remaining occurrences are on the mainland, tempers the immediacy of private land or non-conservation public imminent. Therefore, we assigned an threats of hurricanes and other natural LPN of 3 to this plant variety. land. However, a survey conducted in disturbances and catastrophic events. 2009 showed approximately 74,000 The new sizable, presumably viable Myrsine fosbergii (Kolea)—The plants on a non-conservation, public population on the mainland provides following summary is based on site in Miami-Dade County; this is far some assurance that the species could information contained in our files. No more plants than was previously withstand such threats due to the new information was provided in the known. Although a portion of the plants number of individuals and presence at petition we received on May 11, 2004. will be affected by development, a different geographic location (i.e., Myrsine fosbergii is a branched shrub or approximately 60,000 are anticipated to mainland versus Keys). Therefore, based small tree found in lowland mesic and be protected and managed through a on threats that are overall nonimminent wet forest, on watercourses or stream conservation easement. Consequently, but high in magnitude, we assigned this banks, on the islands of Kauai and the majority of the largest occurrence in species an LPN of 5. Oahu, Hawaii. This species is currently Miami-Dade County is expected to be Linum carteri var. carteri (Carter’s known from 14 populations totaling a conserved and managed. In addition, small-flowered flax)—The following little more than 100 individuals. much of the pine rockland on Big Pine summary is based on information Myrsine fosbergii is threatened by feral Key, the location of the largest contained in our files. No new pigs and goats that degrade and destroy occurrence in the Keys, is protected information was provided in the habitat and may prey upon the plant, from development. Climatic changes petition we received on May 11, 2004. and by nonnative plants that compete and sea-level rise are long-term threats This plant occupies open and disturbed for light and nutrients. This species is that are expected to affect the species sites in pinelands of Miami-Dade represented in an ex situ collection. and ultimately substantially reduce the County, Florida. Currently, there are Although there are plans to fence and extent of available habitat. Nearly all nine known occurrences. Occurrences remove ungulates from the Helemano remaining populations are threatened by with fewer than 100 individuals are area of Oahu, which may benefit this fire suppression, difficulty in applying located on three county-owned species, no conservation measures have prescribed fire, road maintenance preserves. A site with more than 100 been taken to date to alleviate these activities, exotic species, or illegal plants is owned by the U.S. Department threats for this species. Feral pigs and dumping. However, some efforts are of Agriculture, but the site is not goats are found throughout the known underway to use prescribed fire to managed for conservation. range of M. fosbergii, as are nonnative control exotics on conservation lands Climatic changes, including sea-level plants. The threats from feral pigs, goats, where this species occurs. In general, rise, are long-term threats that will and nonnative plants are of a high viability is uncertain for 9 of 11 likely reduce the extent of habitat. The magnitude because they pose a severe occurrences. Sand flax is vulnerable to nine existing occurrences are small and threat throughout the limited range of natural disturbances, such as vulnerable to habitat loss, which is this species, and they are ongoing and

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66423

therefore imminent. We retained an LPN management is taking place. Outright populations totaling between 64 and 76 of 2 for this species. habitat destruction from wetland filling, individuals. Myrsine vaccinioides (Kolea)—We draining, flooding, and conversion to Ochrosia haleakalae is threatened by continue to find that listing this species commercial cranberry bogs likely fire; by feral pigs, goats, and cattle that is warranted but precluded as of the contributed to the curtailment of this degrade and destroy habitat and may date of publication of this notice. species’ range, but these are generally directly prey upon it; and by nonnative However, we are working on a proposed historic not current threats to bog plants that compete for light and listing rule that we expect to publish asphodel. nutrients. This species is represented in prior to making the next annual Current threats to bog asphodel are ex situ collections. Feral pigs, goats, and resubmitted 12-month petition finding. low to moderate in magnitude because cattle have been fenced out of one wild Narthecium americanum (Bog regulatory protections appear to be and one outplanted population on asphodel)—The following summary is adequate so that the threats are not private lands on the island of Maui and based on information contained in our expected to bring about extinction on a out of one outplanted population in files. No new information was provided relatively short time scale. Several Hawaii Volcanoes National Park on the in the petition we received on May 11, threats are imminent because they are island of Hawaii. Nonnative plants have 2004. Bog asphodel is a perennial herb ongoing and expected to continue. been reduced in the fenced areas. The that is found in savanna areas, usually Overall, based on these imminent, threat from fire is of a high magnitude with water moving through the moderate threats, we retain an LPN of 8 and imminent because no control substrate, as well as in sandy bogs along for this species. measures have been undertaken to streams and rivers. The historical range Nothocestrum latifolium (‘Aiea)—The address this threat that could adversely of bog asphodel included New Jersey, following summary is based on affect O. haleakalae as a whole. The Delaware, North Carolina, and South information contained in our files. No threats from feral pigs, goats, and cattle Carolina, although the taxonomic new information was provided in the are ongoing to the unfenced populations identity of the historic North Carolina petition we received on May 11, 2004. of O. haleakalae. The threat from specimens is now in question. Previous Nothocestrum latifolium is a small tree nonnative plants is ongoing and reports of bog asphodel from New York found in dry to mesic forest on the imminent and of a high magnitude to are now believed erroneous. Extant islands of Kauai, Oahu, Maui, Molokai, the wild populations on both islands as populations of bog asphodel are now and Lanai, Hawaii. Nothocestrum this threat adversely affects the survival found only within the Pine Barrens latifolium is known from 17 steadily and reproductive capacity of the region of New Jersey. declining populations totaling fewer majority of the species, leading to a Bog asphodel has experienced a clear than 1,200 individuals. relatively high likelihood of extinction. and apparently ongoing curtailment of This species is threatened by feral Therefore, we retained an LPN of 2 for its geographic range, which leaves it pigs, goats, and axis deer that degrade this species. vulnerable to localized and population- and destroy habitat and may prey upon Pediocactus peeblesianus var. level threats. The Pine Barrens savannas it; by nonnative plants that compete for fickeiseniae (Fickeisen plains cactus)— that support bog asphodel provide a light and nutrients; and by the loss of We continue to find that listing this scarce, specialized habitat that has pollinators that negatively affect the species is warranted, but precluded as declined from several thousand acres reproductive viability of the species. of the date of publication of this notice. around 1900 to only a thousand acres in This species is represented in an ex situ However, we are working on a proposed recent decades. This species has been collection. Ungulates have been fenced listing rule that we expect to publish lost from at least 2 States, and now out of four areas where N. latifolium prior to making the next annual occurs on less than 80 acres of land currently occurs, hundreds of N. resubmitted petition 12-month finding. confined to an area only about 30 miles latifolium individuals have been Penstemon scariosus var. albifluvis in diameter. Eight of 26 delineated bog outplanted in fenced areas, and (White River beardtongue)—The asphodel Element Occurrences in New nonnative plants have been reduced in following summary is based on Jersey are extirpated. The extirpated some populations that are fenced. information contained in our files and occurrences are distributed around the However, these ongoing conservation the petition we received on October 27, periphery of the range, representing a efforts for this species benefit only a few 1983. This species is restricted to contraction. Many of the remaining of the known populations. The threats calcareous soils derived from oil shale occurrences around the periphery of the are not controlled and are ongoing in barrens of the Green River Formation in range are very small and subject to the remaining unfenced populations. In the Uinta Basin of northeastern Utah identified threats, making the species addition, little regeneration is observed and adjacent Colorado. There are 20 vulnerable to further range contractions. in this species. The threats are of a high occurrences known in Utah and 1 in Significant threats include magnitude, because they are severe Colorado. Most of the occupied habitat unauthorized use of off-road vehicles, enough to affect the continued existence of the White River beardtongue is deer, beaver, natural succession, and the of the species, leading to a relatively within developed and expanding oil risk of lowered water tables. Lesser high likelihood of extinction. The and gas fields. The location of the threats include localized indirect effects threats are imminent, as they are species’ habitat exposes it to destruction of upland development, impacts from ongoing. Therefore, we retained an LPN from road, pipeline, and well site non-motorized recreational activities, of 2 for this species. construction in connection with oil and collection, and herbivores other than Ochrosia haleakalae (Holei)—The gas development. Grazing by wildlife deer. Because the range of bog asphodel following summary is based on and livestock is an additional threat. A is currently limited to New Jersey’s information contained in our files. No future threat (and potentially the Pinelands Area and Coastal Zone, new information was provided in the greatest threat) to the species is oil shale regulatory protections are generally petition we received on May 11, 2004. development. Traditional oil and gas adequate. More than 95 percent of bog Ochrosia haleakalae is a tree found in energy development is currently asphodel occurs on protected lands, dry to mesic forest, often on lava, on the occurring and expected to increase although enforcement of illegal activity islands of Hawaii and Maui, Hawaii. within habitat areas for this species, and can be lacking, and little active habitat This species is currently known from 8 therefore the threat is imminent.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66424 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

However, the BLM has adopted a Road construction and road must be taken during timber Special Status Species policy and has maintenance have played a significant management to ensure the hydrology of included in its current Resource role in the decline of P. globosa. bogs supporting the species is not Management Plan commitments to Specific activities that have affected the altered. Natural succession can result in protect this species. These protections species in the past and may continue to decreased light levels. Because of the lessen the extent of traditional oil and threaten it include bank stabilization, species dependence upon moderate-to- gas development impacts to this species, herbicide use, mowing during the high light levels, some type of active so that although oil and gas growing season, grading of road management to prevent complete development will continue to increase shoulders, and road widening or canopy closure is required at most within this species’ range, the threat is repaving. Sediment deposition during locations. Collecting for commercial and of moderate magnitude. The threats are road maintenance or from other other purposes is a potential threat. ongoing and therefore imminent. Thus, activities also potentially threatens the Herbivory (primarily deer) threatens the we assigned an LPN of 9 to this plant species. Because the natural processes species at several sites. Due to the variety. that maintained habitat suitability and alteration of habitat and changes in Peperomia subpetiolata (‘Ala ‘ala wai competition from invasive, nonnative natural conditions, protection and nui)—We continue to find that listing vegetation have been interrupted at recovery of this species is dependent this species is warranted, but precluded many locations, active habitat upon active management rather than as of the date of publication of this management is necessary at those sites. just preservation of habitat. Invasive, notice. However, we are working on a While threats associated with roadside nonnative plants such as Japanese proposed listing rule that we expect to maintenance activities and habitat honeysuckle and kudzu also threaten publish prior to making the next annual alterations by invasive plant several sites. The threats are resubmitted 12-month petition finding. encroachment are imminent because widespread; however, the impact of Phyllostegia bracteata (no common they are ongoing, these threats are of those threats on the survival of the name)—We continue to find that listing moderate magnitude as they are not species is moderate in magnitude. this species is warranted, but precluded affecting all locations of this species at Several of the sites are protected to as of the date of publication of this this time. Therefore, we assigned an some degree from the threats by being notice. However, we are working on a LPN of 8 to this species. within State parks, national forests, proposed listing rule that we expect to Platanthera integrilabia (Correll) Leur wildlife management areas, or other publish prior to making the next annual (White fringeless orchid)—The protected land. The threats are, resubmitted 12-month petition finding. following summary is based on however, imminent because they are Phyllostegia floribunda (no common information contained in our files. No ongoing, and we have therefore assigned name)—We continue to find that listing new information was provided in the an LPN of 8 to this species. this species is warranted, but precluded petition we received on May 11, 2004. Platydesma remyi (no common as of the date of publication of this Platanthera integrilabia is a perennial name)—We continue to find that listing notice. However, we are working on a herb that grows in partially, but not this species is warranted, but precluded proposed listing rule that we expect to fully, shaded, wet, boggy areas at the as of the date of publication of this publish prior to making the next annual head of streams and on seepage slopes notice. However, we are working on a resubmitted 12-month petition finding. in Alabama, Georgia, Kentucky, proposed listing rule that we expect to douglasii ssp. tuplashensis Mississippi, South Carolina, and (White Bluffs bladder-pod)—We Tennessee. Historically, there were at publish prior to making the next annual continue to find that listing this species least 90 populations of P. integrilabia. It resubmitted 12-month petition finding. is warranted, but precluded as of the is presumed extirpated from North Potentilla basaltica (Soldier Meadow date of publication of this notice. Carolina and Virginia. Currently there cinquefoil or basalt cinquefoil)—The However, we are working on a proposed are about 60 extant sites supporting the following summary is based on listing rule that we expect to publish species. information contained in our files; the prior to making the next annual Several populations have been petition we received on May 11, 2004, resubmitted petition 12-month finding. destroyed due to road, residential, and provided no additional information on Physaria globosa (Desvaux) O’Kane & commercial construction, and to the species. Potentilla basaltica is a low- Al-Shehbaz (Short’s bladderpod)—The projects that altered soil and site growing, rhizomatous, herbaceous following summary is based on hydrology such that suitability for the perennial that forms a basal rosette and information contained in our files. No species was reduced. Several of the has bright yellow flowers. Potentilla new information was provided in the known populations are in or adjacent to basaltica is associated with alkali petition we received on May 11, 2004. powerline rights-of-way. Mechanical meadows, seeps, and occasionally With this publication of this document, clearing of these areas may benefit the marsh habitats bordering perennial we recognize the proposed reunion of species by maintaining adequate light thermal springs, outflows, and meadow the genus Lesquerella with Physaria levels, but can promote development of depressions. In Nevada, the species is (O’Kane and Al-Shehbaz 2002 entire) dense, shrubby vegetation due to known only from Soldier Meadow in and now refer to Short’s bladderpod by extensive suckering of woody species; Humboldt County. In northeastern the scientific name Physaria globosa. however, the indiscriminant use of California, a single population occurs in Short’s bladderpod is a perennial herbicides in these areas could pose a Lassen County. At Soldier Meadow, member of the mustard family that significant threat to the species. All- there are 11 discrete known occurrences occurs in Indiana (1 location), Kentucky terrain vehicles have damaged several (10 on public and 1 on private land) (6 locations), and Tennessee (22 sites and pose a threat at most sites. within an area of about 24 acres (9.6 locations). It grows on steep, rocky, Some of the known sites for the species hectares) that support about 130,000 wooded slopes; on talus areas; along occur in areas that are managed individuals. The California population cliff tops and bases; and on cliff ledges. specifically for timber production. occurs on private and public land and It is usually associated with south-to Timber management is not necessarily supports fewer than 1,000 plants. The west-facing calcareous outcrops incompatible with the protection and public land in both California and adjacent to rivers or streams. management of the species, but care Nevada has been designated as an Area

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66425

of Critical Environmental Concern by efforts have been initiated to date for the along streams on the islands of Maui, the Bureau of Land Management (BLM). other populations on Molokai or for the Kauai, and Molokai, Hawaii. This The species and its habitat are individuals on Maui. This species is species is currently known from 14 threatened by recreational use in the represented in an ex situ collection. The populations totaling 198 individuals. areas where it occurs as well as the ongoing (and therefore imminent) Ranunculus mauiensis is threatened by ongoing impacts of past water threats from feral goats, axis deer, feral pigs, goats, mule deer, axis deer, diversions, livestock grazing, and off- nonnative plants, collection, and off- and slugs that consume it; by habitat road vehicle (OHV) travel. Conservation road vehicles are of a high magnitude degradation and destruction by feral measures implemented recently by the because no control measures have been pigs, goats, and deer; and by nonnative BLM in Nevada include the installation undertaken for the Maui population or plants that compete for light and of fencing to exclude livestock, wild for the Molokai populations, and the nutrients. This species is represented in horses, and other large mammals; the threats result in direct mortality or ex situ collections. Feral pigs have been closure of access roads to spring, significantly reduce reproductive fenced out of one Maui population of R. riparian, and wetland areas and the capacity for the majority of the mauiensis, and nonnative plants have restriction of vehicles to designated populations, leading to a relatively high been reduced in the fenced area. One routes; the establishment of a designated likelihood of extinction. Therefore, we individual occurs in the campground away from the habitats of retained an LPN of 3 for this plant Preserve on Molokai, managed by The sensitive species; the installation of variety. Nature Conservancy. However, ongoing educational signage; and, an increased Ranunculus hawaiensis (Makou)— conservation efforts benefit only two staff presence, including law The following summary is based on populations. As a result, the threats enforcement, a volunteer site steward information contained in our files. No have the potential of bringing about during the 6-month period of peak new information was provided in the extinction in a relatively short time visitor use, and noxious weed control. petition we received on May 11, 2004. scale, and are therefore are of high In California, BLM management actions Ranunculus hawaiensis is an erect or magnitude. They are also imminent include a proposed long-term ascending perennial herb found in because they are ongoing in the Kauai monitoring plot, limiting OHV travel to mesic to wet forest dominated by and the majority of the Maui designated routes, and excluding Metrosideros polymorpha (ohia) and populations. Therefore, we retained an livestock grazing by fencing. These Acacia koa (koa) with scree substrate LPN of 2 for this species. conservation measures have reduced the (loose stones or rocky debris on a slope) magnitude of threat to the species to on the islands of Maui and Hawaii, Rorippa subumbellata (Tahoe yellow moderate; all remaining threats are Hawaii. This species is currently known cress)—The following summary is based nonimminent and involve long-term from 14 individuals in 6 populations on on information contained in our files changes to the habitat for the species the island of Hawaii. One population on and the petition we received on resulting from past impacts. Until we Maui (Kukui planeze) was not relocated December 27, 2000. Rorippa can put in place a monitoring program on a survey conducted in 2006. In subumbellata is a small, branching, that allows us to assess the long-term addition, one wild population at perennial herb with umbel-like trend of the species, we have assigned Waikamoi (also on Maui) has not been and yellow flowers. an LPN of 11. observed since 1995. Ranunculus Rorippa subumbellata is known only Pseudognaphalium (Gnaphalium) hawaiensis is threatened by direct from the shores of Lake Tahoe in sandwicensium var. molokaiense predation by slugs, feral pigs, goats, California and Nevada. Data collected (Enaena)—The following summary is cattle, mouflon, and sheep; by pigs, over the last 25 years generally indicate based on information contained in our goats, cattle, mouflon, and sheep that that occurrence of the species fluctuates files. No new information was provided degrade and destroy habitat; and by yearly as a function of both lake level in the petition we received on May 11, nonnative plants that compete for light and the amount of exposed habitat. 2004. Pseudognaphalium and nutrients. Three populations have Records kept since 1900 show a sandwicensium var. molokaiense is a been outplanted into protected preponderance of years with high lake perennial herb found in strand exclosures; however, feral ungulates and levels that would isolate and reduce R. vegetation in dry consolidated dunes on nonnative plants are not controlled in subumbellata occurrences at higher the islands of Molokai and Maui, the remaining, unfenced populations. In beach elevations. From the standpoint Hawaii. Historically, this variety was addition, the threat from introduced of the species, less favorable peak years also found on Oahu and Lanai. This slugs is of a high magnitude because have occurred almost twice as often as variety is known from 5 populations slugs occur throughout the limited range more favorable low-level years. Annual totaling approximately 200 to 20,000 of this species and no effective measures surveys are conducted to determine individuals (depending upon rainfall) in have been undertaken to control them or population numbers, site occupancy, the Moomomi area on the island of prevent them from causing significant and general disturbance regime. During Molokai, and from 2 populations of a adverse impacts to this species. Overall, the 2003 and 2004 annual survey few individuals at Waiehu dunes and at the threats from pigs, goats, cattle, periods, the lake level was Puu Kahulianapa on west Maui. mouflon, sheep, slugs, and nonnative approximately 6,224 feet (ft) (1,897.08 Pseudognaphalium sandwicensium plants are of a high magnitude, and meters (m)); 2004 was the fourth var. molokaiense is threatened by feral ongoing (imminent) for R. hawaiensis. consecutive year of low water. Rorippa goats and axis deer that degrade and We retained an LPN of 2 for this species. subumbellata was present at 46 of the destroy habitat and possibly prey upon Ranunculus mauiensis (Makou)—The 60 sites surveyed, up from 31 occupied it, and by nonnative plants that compete following summary is based on sites in 2001 when the lake level was for light and nutrients. Potential threats information contained in our files. No higher at 6,225 ft (1,897.38 m). also include collection for lei-making, new information was provided in the Approximately 25,200 stems were and off-road vehicles that directly petition we received on May 11, 2004. present in 2003, whereas during the damage plants and degrade habitat. Ranunculus mauiensis is an erect to 2001 annual survey, the estimated Weed control protects one population weakly ascending perennial herb found number of stems was 6,136. Lake levels on Molokai; however, no conservation in open sites in mesic to wet forest and rose again in 2006, and less habitat was

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66426 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

available. Lake levels dropped again in fenced out of the population of S. stonecrop is either owned by mining 2008 through 2010, leading to an pubescens on the island of Hawaii. Feral interests, or is covered by mining increase in both occupied sites and goats have been fenced out of a few of claims, none of which are currently estimated stem counts. During very low the west Maui populations of S. active. Surface mining would destroy lake levels in 2009, an estimated 27,522 pubescens. Nonnative plants have been habitat suitability for this species. The stems were observed at 46 sites, equal reduced in the populations that are species is also believed threatened by to the highest number of occupied sites fenced on Maui. However, the threats tree and shrub encroachment into its previously recorded. are not controlled and are ongoing in habitat, in absence of fire. Many Rorippa subumbellata sites are the remaining unfenced populations on Approximately 25 percent of its known intensively used for commercial and Maui and the four populations on distribution occurred within the public purposes and are subject to Molokai. Additional fenced areas are boundary of the Red Mountain Fire of various activities such as erosion planned at Pohakuloa Training Area on June 2008. However, the extent and control, marina developments, pier the island of Hawaii. Nonnative feral manner in which Red Mountain construction, and recreation. The U.S. ungulates and nonnative plants will be stonecrop and its habitat were affected Forest Service, California Tahoe controlled within these fenced areas. by that fire is not yet known. Given the Conservancy, and California Department Fire is a potential threat to the Hawaii magnitude (high) and immediacy of Parks and Recreation have Island population. In light of the (nonimminent) of the threat to the management programs for R. extremely low number of individuals of small, scattered populations, and its subumbellata which include this species, the threats from goats and taxonomy (species), we assigned an LPN monitoring, fenced enclosures, and nonnative plants are of a high of 5 to this species. transplanting efforts when funds and magnitude because they result in Sicyos macrophyllus (‘Anunu)—We staff are available. Public agencies mortality and reduced reproductive continue to find that listing this species (including the Service), private capacity for the majority of the is warranted, but precluded as of the landowners, and environmental groups populations, leading to a relatively high date of publication of this notice. collaborated to develop a conservation likelihood of extinction. The threats are However, we are working on a proposed strategy coupled with a memorandum of imminent because they are ongoing with listing rule that we expect to publish understanding-conservation agreement. respect to most of the populations. prior to making the next annual The conservation strategy, completed in Therefore, we retained an LPN of 2 for resubmitted 12-month petition finding. 2003, contains goals and objectives for this species. Solanum conocarpum (marron recovery and survival, a research and Schiedea salicaria (no common bacora)—The following summary is monitoring agenda, and serves as the name)—We continue to find that listing based on information in our files and in foundation for an adaptive management this species is warranted, but precluded the petition we received on November program. Because of the continued as of the date of publication of this 21, 1996. Solanum conocarpum is a dry- commitments to conservation notice. However, we are working on a forest shrub in the island of St. John, demonstrated by regulatory and land proposed listing rule that we expect to U.S. Virgin Islands. Its current management agencies participating in publish prior to making the next annual distribution includes eight localities in the conservation strategy, we have resubmitted 12-month petition finding. the island of St. John, each ranging from determined the threats to R. eastwoodiae (Red Mountain 1 to 144 individuals. The species has subumbellata from various land uses stonecrop)—The following summary is been reported to occur on dry, poor have been reduced to a moderate based on information contained in our soils. It can be locally abundant in magnitude. In high lake-level years such files and information provided by the exposed topography on sites disturbed as 2005, however, recreational use is California Department of Fish and by erosion, areas that have received concentrated within R. subumbellata Game. The petition we received on May moderate grazing, and around ridgelines habitat, and we consider this threat in 11, 2004, provided no new information as an understory component in diverse particular to be ongoing and imminent. on the species. Red Mountain stonecrop woodland communities. A habitat Therefore, we are maintaining an LPN of is a perennial succulent which occupies suitability model suggests that the vast 8 for this species. relatively barren, rocky openings and majority of Solanum conocarpum Schiedea pubescens (Maolioli)—The cliffs in lower montane coniferous habitat is found in the lower elevation following summary is based on forests, between 1,900 and 4,000 feet coastal scrub forest. Efforts have been information contained in our files. No elevation. Its distribution is limited to conducted to propagate the species to new information was provided in the Red Mountain, Mendocino County, enhance natural populations, and petition we received on May 11, 2004. California, where it occupies in excess planting of seedlings has been Schiedea pubescens is a reclining or of 54 acres scattered over 4 square conducted in the island of St. John. weakly climbing vine found in diverse miles. The species’ distribution by Solanum conocarpum is threatened mesic to wet forest on the islands of ownership is described as follows: by the lack of natural recruitment, Maui, Molokai, and Hawaii, Hawaii. It Federal (Bureau of Land Management), absence of dispersers, fragmented is presumed extirpated from Lanai. 95 percent; private, 5 percent. Total distribution, lack of genetic variation, Currently, this species is known from 8 population size has not been climate change, and habitat destruction populations totaling between 30 and 32 determined, but a preliminary estimate or modification by exotic mammal individuals on Maui, from 4 suggests the population may be in species. These threats are evidenced by populations totaling between 21 and 22 excess of 29,000 plants, occupying more the reduced number of individuals, low individuals on Molokai, and from 1 than 27 discrete habitat polygons. number of populations, and lack of population of 4 to 6 individuals on the Intensive monitoring suggests connectivity between populations. island of Hawaii. considerable annual variation in plant Overall, we determined the magnitude Schiedea pubescens is threatened by seedling success and of the threats to be high as shown by the feral pigs and goats that consume it and production. The primary threat to the poor quality of the populations. The degrade and destroy habitat, and by species is the potential for surface majority of threats are ongoing and, nonnative plants that compete for light mining for chromium and nickel. The therefore, imminent. We assigned an and nutrients. Feral ungulates have been entire distribution of Red Mountain LPN of 2 to this species.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66427

Solanum nelsonii (popolo)—The additional reservoirs within the current the species’ main mode of reproduction following summary is based on range of this species. However, S. is vegetative, each isolated population information contained in our files. No plumosa continues to be subject to may represent only a few genotypes. new information was provided in the threats from the continued operation of Many populations are currently petition we received on May 11, 2004. these reservoirs (which has reduced the threatened by one or more of the Solanum nelsonii is a sprawling or frequency and severity of scouring following factors: woody succession due trailing shrub found in coral rubble or floods that help to prevent the to fire suppression, development, sand in coastal sites. This species is establishment of other species within highway expansion or improvement, known from populations on Molokai the species’ limited habitat) and the and herbicide application. However, the (approximately 300 plants), the island of encroachment of nonnative, invasive species is still relatively widely Hawaii (5 plants), and the northwestern species. Because the species’ global distributed, and recent information Hawaiian Islands (NWHI), Hawaii. The distribution consists of a single indicates the species is more abundant current populations in the NWHI are population, its entire range is affected than when we initially identified it as found on Kure (unknown number of by these threats. However, because a candidate for listing. Taking into individuals), Midway (approximately scouring floods (prior to reservoir account its distribution and abundance, 260 plants), Laysan (approximately 490 construction) likely only occurred the magnitude of threats is moderate. plants), Pearl and Hermes (unknown episodically, and in light of the The threats are currently occurring and number of individuals), and Nihoa relatively slow progression of nonnative therefore are imminent. Thus we (8,000 to 15,000 adult plants). On species into areas of occupied habitat, assigned an LPN of 8 for this species. the magnitude of these threats is Molokai, S. nelsonii is moderately Ferns and Allies threatened by ungulates that degrade moderate to low. However, because and destroy habitat, and may eat S. these threats (especially those presented Cyclosorus boydiae (no common nelsonii. On Molokai and the NWHI, by nonnative, invasive plant species) are name)—The following summary is this species is threatened by nonnative currently occurring, they are imminent. based on information contained in our plants that outcompete and displace it. Thus, we assigned this species an LPN files. No new information was provided Solanum nelsonii is threatened by of 8. in the petition we received on May 11, predation by a nonnative grasshopper in Sphaeralcea gierischii (Gierisch 2004. This species is a small- to the NWHI. On Kure, Midway, Laysan, mallow)—We continue to find that medium-sized fern found in mesic to wet forest along stream banks on the and Pearl and Hermes in the NWHI, listing this species is warranted, but islands of Oahu and Maui, Hawaii. tsunamis are also a potential threat to S. precluded as of the date of publication Historically, this species was also found nelsonii. This species is represented in of this notice. However, we are working on the island of Hawaii, but it has been ex situ collections. Ungulate exclusion on a proposed listing rule that we extirpated there. Currently, this species fences, routine fence monitoring and expect to publish prior to making the is known from 7 populations totaling maintenance, and weed control protect next annual resubmitted petition 12- approximately 400 individuals. This the population of S. nelsonii on month finding. Stenogyne cranwelliae (no common species is threatened by feral pigs that Molokai. Limited weed control is name)—We continue to find that listing degrade and destroy habitat and may eat conducted in the NWHI. These threats this species is warranted, but precluded this plant, and by nonnative plants that are of moderate magnitude because of as of the date of publication of this compete for light and nutrients. Feral the relatively large number of plants, notice. However, we are working on a pigs have been fenced out of the largest and the fact that this species is found on proposed listing rule that we expect to population on Maui, and nonnative more than one island. The threats are publish prior to making the next annual plants have been reduced in the fenced imminent for the majority of the resubmitted 12-month petition finding. area. No conservation efforts are under populations because they are ongoing Symphyotrichum georgianum way to alleviate threats to the other two and are not being controlled. We (Georgia aster)—The following summary populations on Maui, or for the two therefore retained an LPN of 8 for this is based on information contained in populations on Oahu. This species is species. our files. No new information was represented in an ex situ collection. The Solidago plumosa (Yadkin River provided in the petition we received on magnitude of the threats acting upon the goldenrod)—The following information May 11, 2004. Georgia aster is a relict currently extant populations is is based on information in our files. No species of post oak savanna/prairie moderate because the largest population new information was provided in the communities that existed in the is protected from pigs, and nonnative petition we received on April 20, 2010. Southeast prior to widespread fire plants have been reduced in this area. The global distribution of Solidago suppression and extirpation of large The threats are ongoing and therefore plumosa consists of a single population native grazing animals. Georgia aster imminent. Therefore, we retained an that occurs in two discrete locations currently occurs in the States of LPN of 8 for this species. along a 2.5-mile stretch of the Yadkin Alabama, Georgia, North Carolina, and Huperzia stemmermanniae River in North Carolina. The availability South Carolina. The species is (Waewaeiole)—The following summary of suitable habitat and the fate of the presumed extant in 8 counties in is based on information contained in single known population of this species Alabama, 22 counties in Georgia, 9 our files. No new information was are primarily determined by the manner counties in North Carolina, and 15 provided in the petition we received on in which two hydroelectric projects (the counties in South Carolina. The species May 11, 2004. This species is an Yadkin River and Yadkin-Pee Dee River appears to have been eliminated from epiphytic pendant clubmoss found in Hydroelectric Projects) are operated. Florida. mesic-to-wet Metrosideros polymorpha- Any detrimental effects to S. plumosa Most remaining populations survive Acacia koa (ohia-koa) forests on the resulting from the construction of these adjacent to roads, utility rights-of-way, islands of Maui and Hawaii, Hawaii. reservoirs occurred decades ago when and other openings where current land Only 3 populations are known, on Maui these projects were built (during the management mimics natural and Hawaii, totaling approximately 30 years of 1917 to 1928), and the Service disturbance regimes. Most populations individuals. The Maui population has is not aware of any plans to construct are small (10 to 100 stems), and because not been relocated since 1995. Huperzia

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66428 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

stemmermanniae is threatened by feral populations of the grizzly bear (Ursus 1991; 57 FR 14372, April 20, 1992; 58 pigs, goats, cattle, and axis deer that arctos horribilis), delta smelt FR 8250, February 12, 1993; 58 FR degrade and destroy habitat, and by (Hypomesus transpacificus), and 38552, July 19, 1993; 58 FR 43856, nonnative plants that compete for light, Sclerocactus brevispinus (Pariette August 18, 1993; 58 FR 43857, August space, and nutrients. Huperzia cactus). Because these species are 18, 1993; 59 FR 46611, September 9, stemmermanniae is also threatened by already listed under the ESA, they are 1994; 64 FR 26725, May 17, 1999; 72 FR randomly occurring natural events due not candidates for listing and are not 14866, March 29, 2007). Through this to its small population size. One included in Table 1. However, this process, we determined the Cabinet- individual at Waikamoi Preserve may notice and associated species Yaak, Selkirk, and North Cascade benefit from fencing for axis deer and assessment forms or 5-year review ecosystems warrant endangered status. pigs. This species is represented in ex documents also constitute the On April 18, 2007, the Service initiated situ collections. The threats from pigs, resubmitted petition findings for these a 5-year review to evaluate the current goats, cattle, axis deer, and nonnative species. For delta smelt, we have not status of grizzly bears in the lower 48 plants are of a high magnitude because updated the information included in the States (72 FR 19549–19551). This status they are sufficiently severe to adversely 12-month finding (published April 7, review, completed on August 29, 2011, affect the species throughout its limited 2010, at 75 FR 17667), which serves as and available online at: http:// range, resulting in direct mortality or our assessment; we are currently ecos.fws.gov/speciesProfile/profile/ significantly reducing reproductive conducting a 5-year review, which will speciesProfile.action?spcode=A001, capacity, leading to a relatively high provide updated information when we recommended that the Cabinet-Yaak, likelihood of extinction. The threats are complete it later this year. For the three Selkirk, and North Cascades Ecosystems imminent because they are ongoing. grizzly bear populations, our recently remain warranted but precluded for Therefore, we retained an LPN of 2 for completed 5-year review serves as our endangered status. this species. assessment. For Sclerocactus Delta smelt (Hypomesus Microlepia strigosa var. mauiensis brevispinus, our updated assessment is transpacificus) (Region 8) (see 75 FR (Palapalai)—The following summary is provided below. We find that 17667; April 7, 2010, for additional based on information contained in our reclassification to endangered status for information on why reclassification to files. No new information was provided the three grizzly bear populations, delta endangered is warranted but in the petition we received on May 11, smelt, and Sclerocactus brevispinus are precluded)—In March 2004, we 2004. Microlepia strigosa var. mauiensis all currently warranted but precluded completed a 5-year review for delta is a terrestrial fern found in mesic-to- by work identified above (see ‘‘Petition smelt in which we determined a change wet forests. It is currently found in Findings for Candidate Species’’). One in status from threatened to endangered Hawaii on the islands of Maui, Oahu, of the primary reasons that the work was not recommended. While none of and Hawaii, from at least 9 populations identified above is considered higher the threats, other than apparent totaling at least 50 individuals. There is priority is that the grizzly bear abundance, show significant differences a possibility that the range of this plant populations, delta smelt, and from 2004, we now have strong variety could be larger and include the Sclerocactus brevispinus are currently evidence, not available at the time of other main Hawaiian Islands. listed as threatened, and therefore our 5-year review, that at least some of Microlepia strigosa var. mauiensis is already receive certain protections those factors are endangering the species. The primary evidence is the threatened by feral pigs that degrade under the ESA. We promulgated and destroy habitat, and by nonnative continuing downward trend in delta regulations extending take prohibitions plants that compete for light and smelt abundance indices since a for wildlife and plants under section 9 nutrients. Pigs have been fenced out of significant decline that occurred in to threatened species (50 CFR 17.31 and some areas on east and west Maui, 2002. The most recent fall midwater 50 CFR 17.71, respectively). Prohibited Oahu, and on Hawaii, where M. strigosa trawl abundance index is the lowest actions under section 9 for wildlife var. mauiensis currently occurs, and ever recorded—less than one-tenth the include, but are not limited to, take (i.e., nonnative plants have been reduced in level it was in 2003. In addition, a 2005 to harass, harm, pursue, hunt, shoot, the fenced areas. However, the threats population viability analysis calculated wound, kill, trap, capture, or collect, or are not controlled and are ongoing in a 50-percent likelihood that the species attempt to engage in such activity). For the remaining unfenced populations on could reach effective extinction (8,000 Maui, Oahu, and Hawaii. Therefore, the plants, prohibited actions under section individuals) within 20 years. threats from feral pigs and nonnative 9 include removing or reducing to There are many primary threats to the plants are imminent. The threats are of possession any listed plant from an area species including: Direct entrainments a high magnitude because they are under Federal jurisdiction (50 CFR by State and Federal water export sufficiently severe to adversely affect 17.61). Other protections include those facilities; summer and fall increases in the species throughout its range, under section 7(a)(2) of the ESA salinity and water clarity; and effects resulting in direct mortality or whereby Federal agencies must insure from introduced species. Additional significantly reducing reproductive that any action they authorize, fund, or threats are predation by striped and capacity, leading to a relatively high carry out is not likely to jeopardize the and inland silversides, likelihood of extinction. We therefore continued existence of any endangered entrainment into power plants, retained an LPN of 3 for M. strigosa var. or threatened species. contaminants, and small population mauiensis. Grizzly bear (Ursus arctos horribilis) size. Existing regulatory mechanisms North Cascades ecosystem, Cabinet- have not proven adequate to halt the Petitions To Reclassify Species Already Yaak, and Selkirk populations (Region decline of delta smelt since the time of Listed or To Add to the Listed Range 6)—Between 1986 and 2007, we have listing as a threatened species. We previously made warranted-but- received and reviewed 10 petitions As a result of our analysis of the best precluded findings on five petitions requesting a change in status for available scientific and commercial seeking to reclassify threatened species individual grizzly bear populations (51 information, we have assigned uplisting to endangered status. The taxa involved FR 16363, May 2, 1986; 55 FR 32103, the delta smelt an LPN of 2, based on in the reclassification petitions are three August 7, 1990; 56 FR 33892, July 24, high-magnitude, imminent threats. The

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66429

magnitude of the threats is high, Tables 1 and 2 list animals arranged warranted-but-precluded finding on a because they occur rangewide and result alphabetically by common names under resubmitted petition by the code ‘‘C*’’ in mortality or significantly reduce the the major group headings, and list in the category column (see ‘‘Findings reproductive capacity of the species, plants alphabetically by names of for Petitioned Candidate Species’’ leading to a relatively high likelihood of genera, species, and relevant subspecies section for additional information). extinction. They are imminent because and varieties. Animals are grouped by The ‘‘Priority’’ column indicates the these threats are ongoing and, in some class or order. Plants are subdivided LPN for each candidate species, which cases (e.g., nonnative species), into two groups: (1) Flowering plants we use to determine the most considered irreversible. and (2) ferns and their allies. Useful appropriate use of our available Sclerocactus brevispinus (Pariette synonyms and subgeneric scientific resources. The lowest numbers have the cactus) (Region 6) (see 72 FR 53211, names appear in parentheses with the highest priority. We assign LPNs based September 18, 2007, and the species synonyms preceded by an ‘‘equals’’ on the immediacy and magnitude of assessment form (see ADDRESSES) for sign. Several species that have not yet threats, as well as on taxonomic status. additional information on why been formally described in the scientific We published a complete description of reclassification to endangered is literature are included; such species are our listing priority system in the warranted but precluded)—Sclerocactus identified by a generic or specific name Federal Register (48 FR 43098, brevispinus is restricted to clay (in italics), followed by ‘‘sp.’’ or ‘‘ssp.’’ September 21, 1983). badlands of the Wagon Hound member We incorporate standardized common The third column, ‘‘Lead Region,’’ of the Uinta Formation in the Uinta names in these notices as they become identifies the Regional Office to which Basin of northeastern Utah. The species available. We sort plants by scientific you should direct information, is restricted to one population with an name due to the inconsistencies in comments, or questions (see addresses overall range of approximately 10 miles common names, the inclusion of under Request for Information at the by 5 miles in extent. The species’ entire vernacular and composite subspecific end of the SUPPLEMENTARY INFORMATION population is within a developed and names, and the fact that many plants section). Following the scientific name (fourth expanding oil and gas field. The still lack a standardized common name. Table 1 lists all candidate species, column) and the family designation location of the species’ habitat exposes plus species currently proposed for (fifth column) is the common name it to destruction from road, pipeline, listing under the ESA. We emphasize (sixth column). The seventh column and well-site construction in connection that in this notice we are not proposing provides the known historical range for with oil and gas development. The to list any of the candidate species; the species or vertebrate population (for species may be collected as a specimen rather, we will develop and publish vertebrate populations, this is the plant for horticultural use. Recreational proposed listing rules for these species historical range for the entire species or off-road vehicle use and livestock in the future. We encourage State subspecies and not just the historical trampling are additional potential agencies, other Federal agencies, and range for the distinct population threats. The species is currently other parties to give consideration to segment), indicated by postal code federally listed as threatened by its these species in environmental abbreviations for States and U.S. previous inclusion within the species planning. territories. Many species no longer Sclerocactus glaucus. Based on current In Table 1, the ‘‘category’’ column on occur in all of the areas listed. information, we are recommending an the left side of the table identifies the Species in Table 2 of this notice are LPN of 2 for reclassifying this species as status of each species according to the those we included either as proposed endangered, to reflect that: (1) The following codes: species or as candidates in the previous threats are of a high magnitude because PE—Species proposed for listing as CNOR (published November 10, 2010 at any one of the threats has the potential endangered. Proposed species are those 75 FR 69222) that are no longer to severely affect this species, a narrow species for which we have published a proposed species or candidates for endemic with a highly limited range proposed rule to list as endangered or listing. Since November 10, 2010, we and distribution; and (2) threats are threatened in the Federal Register. This listed nine species, emergency listed ongoing and, therefore, are imminent. category does not include species for one species, withdrew a proposed rule Current Notice of Review which we have withdrawn or finalized for one species, and removed three the proposed rule. species from candidate status for the We gather data on plants and animals PT—Species proposed for listing as reason indicated by the code. Also native to the United States that appear threatened. included in this table are three species to merit consideration for addition to PSAT—Species proposed for listing as that were not previously candidates or the Lists of Endangered and Threatened threatened due to similarity of proposed species but we emergency Wildlife and Plants (Lists). This notice appearance. listed due to similarity in appearance. identifies those species that we C—Candidates: Species for which we The first column indicates the present currently regard as candidates for have on file sufficient information on status of each species, using the addition to the Lists. These candidates biological vulnerability and threats to following codes (not all of these codes include species and subspecies of fish, support proposals to list them as may have been used in this CNOR): wildlife, or plants and DPSes of endangered or threatened. Issuance of E—Species we listed as endangered. vertebrate animals. This compilation proposed rules for these species is T—Species we listed as threatened. relies on information from status precluded at present by other higher Rc—Species we removed from the surveys conducted for candidate priority listing actions. This category candidate list because currently assessment and on information from includes species for which we made a available information does not support State Natural Heritage Programs, other 12-month warranted-but-precluded a proposed listing. State and Federal agencies, finding on a petition to list. We made Rp—Species we removed from knowledgeable scientists, public and new findings on all petitions for which because we have withdrawn the private natural resource interests, and we previously made ‘‘warranted-but- proposed listing. comments received in response to precluded’’ findings. We identify the The second column indicates why we previous notices of review. species for which we made a continued no longer regard the species as a

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66430 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

candidate or proposed species using the (5) Describing the immediacy or Utah, and Wyoming. Regional Director following codes (not all of these codes magnitude of threats facing candidate (TE), U.S. Fish and Wildlife Service, may have been used in this CNOR): species; P.O. Box 25486, Denver Federal Center, A—Species that are more abundant or (6) Pointing out taxonomic or Denver, CO 80225–0486 (303/236– widespread than previously believed nomenclature changes for any of the 7400). and species that are not subject to the species; (7) Suggesting appropriate common Region 7. Alaska. Regional Director degree of threats sufficient to warrant (TE), U.S. Fish and Wildlife Service, continuing candidate status, or issuing a names; and 1011 East Tudor Road, Anchorage, AK proposed or final listing. (8) Noting any mistakes, such as 99503–6199 (907/786–3505). F—Species whose range no longer errors in the indicated historical ranges. includes a U.S. territory. Submit information, materials, or Region 8. California and Nevada. I—Species for which we have comments regarding a particular species Regional Director (TE), U.S. Fish and insufficient information on biological to the Regional Director of the Region Wildlife Service, 2800 Cottage Way, vulnerability and threats to support identified as having the lead Suite W2606, Sacramento, CA 95825 issuance of a proposed rule to list. responsibility for that species. The (916/414–6464). regional addresses follow: L—Species we added to the Lists of We will provide information received Endangered and Threatened Wildlife Region 1. Hawaii, Idaho, Oregon, Washington, American Samoa, Guam, in response to the previous CNOR to the and Plants. Region having lead responsibility for M—Species we mistakenly included and Commonwealth of the Northern each candidate species mentioned in the as candidates or proposed species in the Mariana Islands. Regional Director (TE), submission. We will likewise consider last notice of review. U.S. Fish and Wildlife Service, Eastside N—Species that are not listable Federal Complex, 911 N.E. 11th all information provided in response to entities based on the ESA’s definition of Avenue, Portland, OR 97232–4181 (503/ this CNOR in deciding whether to ‘‘species’’ and current taxonomic 231–6158). propose species for listing and when to understanding. Region 2. Arizona, New Mexico, undertake necessary listing actions U—Species that are not subject to the Oklahoma, and Texas. Regional Director (including whether emergency listing degree of threats sufficient to warrant (TE), U.S. Fish and Wildlife Service, 500 under section 4(b)(7) of the ESA is issuance of a proposed listing or Gold Avenue SW., Room 4012, appropriate). Information and comments continuance of candidate status due, in Albuquerque, NM 87102 (505/248– we receive will become part of the part or totally, to conservation efforts 6920). administrative record for the species, that remove or reduce the threats to the Region 3. Illinois, Indiana, Iowa, which we maintain at the appropriate species. Michigan, Minnesota, Missouri, Ohio, Regional Office. X—Species we believe to be extinct. and Wisconsin. Regional Director (TE), Before including your address, phone The columns describing lead region, U.S. Fish and Wildlife Service, 5600 number, e-mail address, or other scientific name, family, common name, American Blvd. West, Suite 990, personal identifying information in your and historical range include information Bloomington, MN 55437–1458 (612/ submission, be advised that your entire as previously described for Table 1. 713–5334). submission—including your personal Region 4. Alabama, Arkansas, Florida, identifying information—may be made Request for Information Georgia, Kentucky, Louisiana, publicly available at any time. Although We request you submit any further Mississippi, North Carolina, South you can ask us in your submission to information on the species named in Carolina, Tennessee, Puerto Rico, and withhold from public review your this notice as soon as possible or the U.S. Virgin Islands. Regional personal indentifying information, we whenever it becomes available. We are Director (TE), U.S. Fish and Wildlife cannot guarantee that we will be able to particularly interested in any Service, 1875 Century Boulevard, Suite do so. information: 200, Atlanta, GA 30345 (404/679–4156). (1) Indicating that we should add a Region 5. Connecticut, Delaware, Authority species to the list of candidate species; District of Columbia, Maine, Maryland, (2) Indicating that we should remove Massachusetts, New Hampshire, New This notice is published under the a species from candidate status; Jersey, New York, Pennsylvania, Rhode authority of the Endangered Species Act (3) Recommending areas that we Island, Vermont, Virginia, and West of 1973, as amended (16 U.S.C. 1531 et should designate as critical habitat for a Virginia. Regional Director (TE), U.S. seq.). species, or indicating that designation of Fish and Wildlife Service, 300 Westgate Dated: October 7, 2011. critical habitat would not be prudent for Center Drive, Hadley, MA 01035–9589 a species; (413/253–8615). Signed: (4) Documenting threats to any of the Region 6. Colorado, Kansas, Montana, Gregory E. Siekaniec, included species; Nebraska, North Dakota, South Dakota, Deputy Director, Fish and Wildlife Service.

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

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

MAMMALS

C* ...... 2 ...... R4 Eumops floridanus ...... Molossidae ...... Bat, Florida bonneted .... U.S.A. (FL). C* ...... 3 ...... R1 Emballonura Emballonuridae ...... Bat, Pacific sheath-tailed U.S.A. (GU, CNMI). semicaudata rotensis. (Mariana Islands sub- species).

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66431

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

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

C* ...... 3 ...... R1 Emballonura Emballonuridae ...... Bat, Pacific sheath-tailed U.S.A. (AS), Fiji, Inde- semicaudata (American Samoa pendent Samoa, semicaudata. DPS). Tonga, Vanuatu. C* ...... 2 ...... R5 Sylvilagus transitionalis .. Leporidae ...... Cottontail, New England U.S.A. (CT, MA, ME, NH, NY, RI, VT). C* ...... 6 ...... R8 Martes pennanti ...... Mustelidae ...... Fisher (west coast DPS) U.S.A. (CA, CT, IA, ID, IL, IN, KY, MA, MD, ME, MI, MN, MT, ND, NH, NJ, NY, OH, OR, PA, RI, TN, UT, VA, VT, WA, WI, WV, WY), Canada. C* ...... 3 ...... R2 Zapus hudsonius luteus Zapodidae ...... Mouse, New Mexico U.S.A. (AZ, CO, NM). meadow jumping. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, Shelton U.S.A. (WA). couchi. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, Brush U.S.A. (WA). douglasii. Prairie. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, Roy U.S.A. (WA). glacialis. Prairie. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, U.S.A. (WA). louiei. Cathlamet. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, Olympic U.S.A. (WA). melanops. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, Olympia U.S.A. (WA). pugetensis. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, Tacoma U.S.A. (WA). tacomensis. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, Tenino .. U.S.A. (WA). tumuli. C* ...... 3 ...... R1 Thomomys mazama Geomyidae ...... Pocket gopher, Yelm ..... U.S.A. (WA). yelmensis. C* ...... 3 ...... R6 Cynomys gunnisoni ...... Sciuridae ...... Prairie dog, Gunnison’s U.S.A. (CO, NM). (populations in central and south-central Col- orado, north-central New Mexico). C* ...... 9 ...... R1 Spermophilus brunneus Sciuridae ...... Squirrel, Southern Idaho U.S.A. (ID). endemicus. ground. C* ...... 5 ...... R1 Spermophilus Sciuridae ...... Squirrel, Washington U.S.A. (WA, OR). washingtoni. ground. C* ...... 9 ...... R7 Odobenus rosmarus Odobenidae ...... Walrus, Pacific ...... U.S.A. (AK), Canada, divergens. Russia. C* ...... 6 ...... R6 Gulo gulo luscus ...... Mustelidae ...... Wolverine, North Amer- U.S.A. (CA, CO, ID, MT, ican (Contiguous U.S. OR, UT, WA, WY). DPS).

BIRDS

C* ...... 3 ...... R1 Porzana tabuensis ...... Rallidae ...... Crake, spotless (Amer- U.S.A. (AS), Australia, ican Samoa DPS). Fiji, Independent Samoa, Marquesas, Philippines, Society Is- lands, Tonga. C* ...... 3 ...... R8 Coccyzus americanus .... Cuculidae ...... Cuckoo, yellow-billed U.S.A. (Lower 48 (Western U.S. DPS). States), Canada, Mex- ico, Central and South America. C* ...... 9 ...... R1 Gallicolumba stairi ...... Columbidae ...... Ground-dove, friendly U.S.A. (AS), Inde- (American Samoa pendent Samoa. DPS). C* ...... 3 ...... R1 Eremophila alpestris Alaudidae ...... Horned lark, streaked .... U.S.A. (OR, WA), Can- strigata. ada (BC). C* ...... 3 ...... R5 Calidris canutus rufa ...... Scolopacidae ...... Knot, red ...... U.S.A. (Atlantic coast), Canada, South Amer- ica.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66432 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

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

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

C* ...... 8 ...... R7 Gavia adamsii ...... Gaviidae ...... Loon, yellow-billed ...... U.S.A. (AK), Canada, Norway, Russia, coastal waters of southern Pacific and North Sea. C* ...... 8 ...... R7 Brachyramphus Alcidae ...... Murrelet, Kittlitz’s ...... U.S.A. (AK), Russia. brevirostris. C* ...... 5 ...... R8 Synthliboramphus Alcidae ...... Murrelet, Xantus’s ...... U.S.A. (CA), Mexico. hypoleucus. C* ...... 8 ...... R6 Anthus spragueii ...... Motacillidae ...... Pipit, Sprauge’s ...... U.S.A. (AL, AR, AZ, CA, GA, LA, MA, MI, MN, MS, MT, ND, OH, OK, SC, SD, TX), Canada, Mexico. C* ...... 2 ...... R2 Tympanuchus Phasianidae ...... Prairie-chicken, lesser ... U.S.A. (CO, KA, NM, pallidicinctus. OK, TX). C* ...... 8 ...... R6 Centrocercus Phasianidae ...... Sage-grouse, greater ..... U.S.A. (AZ, CA, CO, ID, urophasianus. MT, ND, NE, NV, OR, SD, UT, WA, WY), Canada (AB, BC, SK). C* ...... 3 ...... R8 Centrocercus Phasianidae ...... Sage-grouse, greater U.S.A. (AZ, CA, CO, ID, urophasianus. (Bi-State DPS). MT, ND, NE, NV, OR, SD, UT, WA, WY), Canada (AB, BC, SK). C* ...... 6 ...... R1 Centrocercus Phasianidae ...... Sage-grouse, greater U.S.A. (AZ, CA, CO, ID, urophasianus. (Columbia Basin DPS). MT, ND, NE, NV, OR, SD, UT, WA, WY), Canada (AB, BC, SK). C* ...... 2 ...... R6 Centrocercus minimus ... Phasianidae ...... Sage-grouse, Gunnison U.S.A. (AZ, CO, NM, UT). C* ...... 3 ...... R1 Oceanodroma castro ..... Hydrobatidae ...... Storm-petrel, band- U.S.A. (HI), Atlantic rumped (Hawaii DPS). Ocean, Ecuador (Ga- lapagos Islands), Japan. C* ...... 11 ...... R4 Dendroica angelae ...... Emberizidae ...... Warbler, elfin-woods ...... U.S.A. (PR).

REPTILES

C* ...... 3 ...... R2 Thamnophis eques Colubridae ...... Gartersnake, northern U.S.A. (AZ, NM, NV), megalops. Mexican. Mexico. PE ...... 2 ...... R2 Sceloporus arenicolus ... Iguanidae ...... Lizard, sand dune ...... U.S.A. (TX, NM). C* ...... 8 ...... R3 Sistrurus catenatus ...... Viperidae ...... Massasauga (= rattle- U.S.A. (IA, IL, IN, MI, snake), eastern. MN, MO, NY, OH, PA, WI), Canada. C* ...... 3 ...... R4 Pituophis melanoleucus Colubridae ...... Snake, black pine ...... U.S.A. (AL, LA, MS). lodingi. C* ...... 5 ...... R4 Pituophis ruthveni ...... Colubridae ...... Snake, Louisiana pine ... U.S.A. (LA, TX). C* ...... 3 ...... R2 Chionactis occipitalis Colubridae ...... Snake, Tucson shovel- U.S.A. (AZ). klauberi. nosed. C* ...... 6 ...... R2 Gopherus agassizii ...... Testudinidae ...... Tortoise, desert U.S.A. (AZ, CA, NV, (Sonoran DPS). UT). C* ...... 8 ...... R4 Gopherus polyphemus ... Testudinidae ...... Tortoise, gopher (east- U.S.A. (AL, FL, GA, LA, ern population). MS, SC). C* ...... 3 ...... R2 Kinosternon sonoriense Kinosternidae ...... Turtle, Sonoyta mud ...... U.S.A. (AZ), Mexico. longifemorale.

AMPHIBIANS

C* ...... 9 ...... R8 Rana luteiventris ...... Ranidae ...... Frog, Columbia spotted U.S.A. (AK, ID, MT, NV, (Great Basin DPS). OR, UT, WA, WY), Canada (BC). C* ...... 3 ...... R8 Rana muscosa ...... Ranidae ...... Frog, mountain yellow- U.S.A (CA, NV). legged (Sierra Nevada DPS). C* ...... 2 ...... R1 Rana pretiosa ...... Ranidae ...... Frog, Oregon spotted .... U.S.A. (CA, OR, WA), Canada (BC). C* ...... 8 ...... R8 Lithobates onca ...... Ranidae ...... Frog, relict leopard ...... U.S.A. (AZ, NV, UT). PE ...... 3 ...... R3 Cryptobranchus Crytobranchidae ...... Hellbender, Ozark ...... U.S.A. (AR, MO). alleganiensis bishopi.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66433

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

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

C* ...... 8 ...... R4 Notophthalmus Salamandridae ...... Newt, striped ...... U.S.A. (FL, GA). perstriatus. C* ...... 2 ...... R2 Eurycea waterlooensis ... Plethodontidae ...... Salamander, Austin blind U.S.A. (TX). C* ...... 8 ...... R4 Gyrinophilus gulolineatus Plethodontidae ...... Salamander, Berry Cave U.S.A. (TN). C* ...... 8 ...... R2 Eurycea naufragia ...... Plethodontidae ...... Salamander, George- U.S.A. (TX). town. C* ...... 2 ...... R2 Plethodon neomexicanus Plethodontidae ...... Salamander, Jemez U.S. A. (NM). Mountains. C* ...... 8 ...... R2 Eurycea tonkawae ...... Plethodontidae ...... Salamander, Jollyville U.S.A. (TX). Plateau. C* ...... 2 ...... R2 Eurycea chisholmensis .. Plethodontidae ...... Salamander, Salado ...... U.S.A. (TX). C* ...... 11 ...... R8 Anaxyrus canorus ...... Bufonidae ...... Toad, Yosemite ...... U.S.A. (CA). C ...... 3 ...... R2 Hyla wrightorum ...... Hylidae ...... Treefrog, Arizona U.S.A. (AZ), Mexico (So- (Huachuca/Canelo nora). DPS). C* ...... 8 ...... R4 Necturus alabamensis ... Proteidae ...... Waterdog, black warrior U.S.A. (AL). (=Sipsey Fork).

FISHES

C* ...... 8 ...... R2 Gila nigra ...... ...... Chub, headwater ...... U.S.A. (AZ, NM). C* ...... 7 ...... R6 Iotichthys phlegethontis Cyprinidae ...... Chub, least ...... U.S.A. (UT). C* ...... 9 ...... R2 Gila robusta ...... Cyprinidae ...... Chub, roundtail (Lower U.S.A. (AZ, CO, NM, Colorado River Basin UT, WY). DPS). C* ...... 11 ...... R6 Etheostoma cragini ...... Percidae ...... Darter, Arkansas ...... U.S.A. (AR, CO, KS, MO, OK). C ...... 2 ...... R5 Crystallaria cincotta ...... Percidae ...... Darter, diamond ...... U.S.A. (KY, OH, TN, WV). C ...... 3 ...... R4 Etheostoma sagitta Percidae ...... Darter, Kentucky arrow .. U.S.A. (KY). spilotum. C* ...... 8 ...... R4 Percina aurora ...... Percidae ...... Darter, Pearl ...... U.S.A. (LA, MS). C* ...... 3 ...... R6 Thymallus arcticus ...... Salmonidae ...... Grayling, Arctic (upper U.S.A. (AK, MI, MT, Missouri River DPS). WY), Canada, north- ern Asia, northern Eu- rope. C* ...... 5 ...... R4 Moxostoma sp...... ...... Redhorse, sicklefin ...... U.S.A. (GA, NC, TN). C* ...... 2 ...... R3 Cottus sp...... Cottidae ...... Sculpin, grotto ...... U.S.A. (MO). C* ...... 5 ...... R2 Notropis oxyrhynchus .... Cyprinidae ...... Shiner, sharpnose ...... U.S.A. (TX). C* ...... 5 ...... R2 Notropis buccula ...... Cyprinidae ...... Shiner, smalleye ...... U.S.A. (TX). C* ...... 3 ...... R2 Catostomus discobolus Catostomidae ...... Sucker, Zuni bluehead ... U.S.A. (AZ, NM). yarrowi. PSAT ..... N/A ...... R1 Salvelinus malma ...... Salmonidae ...... Trout, Dolly Varden ...... U.S.A. (AK, WA), Can- ada, East Asia. C* ...... 9 ...... R2 Oncorhynchus clarki Salmonidae ...... Trout, Rio Grande cut- U.S.A. (CO, NM). virginalis. throat.

CLAMS

PE ...... 5 ...... R4 Villosa choctawensis ...... Unionidae ...... Bean, Choctaw ...... U.S.A. (AL, FL). PE ...... 2 ...... R3 Villosa fabalis ...... Unionidae ...... Bean, rayed ...... U.S.A. (IL, IN, KY, MI, NY, OH, TN, PA, VA, WV), Canada (ON). PE ...... 2 ...... R4 rotulata ...... Unionidae ...... Ebonyshell, round ...... U.S.A. (AL, FL). C* ...... 8 ...... R2 Popenaias popei ...... Unionidae ...... Hornshell, Texas ...... U.S.A. (NM, TX), Mex- ico. C* ...... 2 ...... R4 Ptychobranchus Unionidae ...... Kidneyshell, fluted ...... U.S.A. (AL, KY, TN, VA). subtentum. PE ...... 2 ...... R4 Ptychobranchus jonesi ... Unionidae ...... Kidneyshell, southern .... U.S.A. (AL, FL). C* ...... 2 ...... R4 Lampsilis rafinesqueana Unionidae ...... Mucket, Neosho ...... U.S.A. (AR, KS, MO, OK). PE ...... 2 ...... R3 Plethobasus cyphyus ..... Unionidae ...... Mussel, sheepnose ...... U.S.A. (AL, IA, IL, IN, KY, MN, MO, MS, OH, PA, TN, VA, WI, WV). PE ...... 2 ...... R4 Margaritifera marrianae Margaritiferidae ...... Pearlshell, Alabama ...... U.S.A. (AL). C* ...... 2 ...... R4 Lexingtonia dolabelloides Unionidae ...... Pearlymussel, slabside .. U.S.A. (AL, KY, TN, VA). PT ...... 5 ...... R4 Pleurobema strodeanum Unionidae ...... Pigtoe, fuzzy ...... U.S.A. (AL, FL). PT ...... 5 ...... R4 Fusconaia escambia ...... Unionidae ...... Pigtoe, narrow ...... U.S.A. (AL, FL).

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66434 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

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

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

PT ...... 11 ...... R4 Fusconaia Unionidae ...... Pigtoe, tapered ...... U.S.A. (AL, FL). (=Quincuncina) burkei. C* ...... 9 ...... R4 Quadrula cylindrica Unionidae ...... Rabbitsfoot ...... U.S.A. (AL, AR, GA, IN, cylindrica. IL, KS, KY, LA, MS, MO, OK, OH, PA, TN, WV). PE ...... 5 ...... R4 Hamiota (=Lampsilis) Unionidae ...... Sandshell, southern ...... U.S.A. (AL, FL). australis. PE ...... R3 Epioblasma triquetra ...... Unionidae ...... Snuffbox ...... U.S.A. (IN, MI, NY, OH, PA, WV), Canada (ON). PE ...... 4 ...... R3 Cumberlandia Margaritiferidae ...... Spectaclecase ...... U.S.A. (AL, AR, IA, IN, monodonta. IL, KS, KY, MO, MN, NE, OH, TN, VA, WI, WV). PE ...... 2 ...... R4 Elliptio spinosa ...... Unionidae ...... Spinymussel, Altamaha U.S.A. (GA).

SNAILS

C* ...... 8 ...... R4 Elimia melanoides ...... ...... Mudalia, black ...... U.S.A. (AL). C* ...... 2 ...... R4 Planorbella magnifica .... Planorbidae ...... Ramshorn, magnificent .. U.S.A. (NC). C* ...... 2 ...... R1 Ostodes strigatus ...... Potaridae ...... Sisi snail ...... U.S.A. (AS). C* ...... 2 ...... R2 Pseudotryonia ...... Snail, Diamond Y Spring U.S.A. (TX). adamantina. C* ...... 2 ...... R1 Samoana fragilis ...... Partulidae ...... Snail, fragile tree ...... U.S.A. (GU, MP). C* ...... 2 ...... R1 Partula radiolata ...... Partulidae ...... Snail, Guam tree ...... U.S.A. (GU). C* ...... 2 ...... R1 Partula gibba ...... Partulidae ...... Snail, Humped tree ...... U.S.A. (GU, MP). C* ...... 2 ...... R1 Partulina semicarinata ... Achatinellidae ...... Snail, Lanai tree ...... U.S.A. (HI). C* ...... 2 ...... R1 Partulina variabilis ...... Achatinellidae ...... Snail, Lanai tree ...... U.S.A. (HI). C* ...... 2 ...... R1 Partula langfordi ...... Partulidae ...... Snail, Langford’s tree ..... U.S.A. (MP). C* ...... 2 ...... R2 Cochliopa texana ...... Hydrobiidae ...... Snail, Phantom cave ...... U.S.A. (TX). C* ...... 2 ...... R1 Newcombia cumingi ...... Achatinellidae ...... Snail, Newcomb’s tree ... U.S.A. (Hl). C* ...... 2 ...... R1 Eua zebrina ...... Partulidae ...... Snail, Tutuila tree ...... U.S.A. (AS). PE ...... 2 ...... R2 Pyrgulopsis chupaderae Hydrobiidae ...... Springsnail, Chupadera U.S.A. (NM). C* ...... 11 ...... R8 Pyrgulopsis notidicola .... Hydrobiidae ...... Springsnail, elongate U.S.A. (NV). mud meadows. C* ...... 2 ...... R2 Tryonia circumstriata Hydrobiidae ...... Springsnail, Gonzales .... U.S.A. (TX). (=stocktonensis). C* ...... 11 ...... R2 Pyrgulopsis thompsoni ... Hydrobiidae ...... Springsnail, Huachuca ... U.S.A. (AZ), Mexico. C* ...... 8 ...... R2 Pyrgulopsis morrisoni .... Hydrobiidae ...... Springsnail, Page ...... U.S.A. (AZ). C* ...... 2 ...... R2 Tryonia cheatumi ...... Hydrobiidae ...... Springsnail (=Tryonia), U.S.A. (TX). Phantom. PE ...... 2 ...... R2 Pyrgulopsis bernardina .. Hydrobiidae ...... Springsnail, San U.S.A. (AZ), Mexico (So- Bernardino. nora). PE ...... 2 ...... R2 Pyrgulopsis trivialis ...... Hydrobiidae ...... Springsnail, Three Forks U.S.A. (AZ). C* ...... 5 ...... R2 Sonorella rosemontensis Helminthoglyptidae ...... Talussnail, Rosemont .... U.S.A. (AZ).

INSECTS

C* ...... 2 ...... R1 Hylaeus anthracinus ...... ...... Bee, Hawaiian yellow- U.S.A. (HI). faced. C* ...... 2 ...... R1 Hylaeus assimulans ...... Colletidae ...... Bee, Hawaiian yellow- U.S.A. (HI). faced. C* ...... 2 ...... R1 Hylaeus facilis ...... Colletidae ...... Bee, Hawaiian yellow- U.S.A. (HI). faced. C* ...... 2 ...... R1 Hylaeus hilaris ...... Colletidae ...... Bee, Hawaiian yellow- U.S.A. (HI). faced. C* ...... 2 ...... R1 Hylaeus kuakea ...... Colletidae ...... Bee, Hawaiian yellow- U.S.A. (HI). faced. C* ...... 2 ...... R1 Hylaeus longiceps ...... Colletidae ...... Bee, Hawaiian yellow- U.S.A. (HI). faced. C* ...... 2 ...... R1 Hylaeus mana ...... Colletidae ...... Bee, Hawaiian yellow- U.S.A. (HI). faced. C* ...... 3 ...... R8 Plebejus shasta ...... Blue, Mt. Charleston ...... U.S.A. (NV). charlestonensis. C ...... 3 ...... R4 Strymon acis bartrami .... Lycaenidae ...... Butterfly, Bartram’s U.S.A. (FL). hairstreak.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66435

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

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

PSAT ...... R4 cassius Lycaenidae ...... Butterfly, cassius blue .... U.S.A. (FL), Bahamas, theonus. Greater Antilles, Cay- man Islands. PSAT ...... R4 ceraunus Lycaenidae ...... Butterfly, ceraunus blue U.S.A. (FL), Bahamas. antibubastus. C ...... 3 ...... R4 Anaea troglodyta ...... Butterfly, Florida U.S.A. (FL). floridalis. leafwing. C* ...... 3 ...... R1 Hypolimnas octucula Nymphalidae ...... Butterfly, Mariana eight- U.S.A. (GU, MP). mariannensis. spot. C* ...... 2 ...... R1 Vagrans egistina ...... Nymphalidae ...... Butterfly, Mariana wan- U.S.A. (GU, MP). dering. PE ...... 3 ...... R4 thomasi Lycaenidae ...... Butterfly, Miami blue ...... U.S.A. (FL), Bahamas. bethunebakeri. PSAT ...... R4 Cyclargus ammon ...... Lycaenidae ...... Butterfly, Nickerbean U.S.A. (FL), Bahamas, blue. . C* ...... 2 ...... R4 Atlantea tulita ...... Nymphalidae ...... Butterfly, Puerto Rican U.S.A. (PR). harlequin. C* ...... 5 ...... R4 Glyphopsyche Limnephilidae ...... Caddisfly, Sequatchie .... U.S.A. (TN). sequatchie. C ...... 5 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, Baker Sta- U.S.A. (TN). insularis. tion (=insular). C* ...... 5 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, Clifton ...... U.S.A. (KY). caecus. C* ...... 11 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, Coleman ... U.S.A. (TN). colemanensis. C ...... 5 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, Fowler’s .... U.S.A. (TN). fowlerae. C* ...... 5 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, icebox ...... U.S.A. (KY). frigidus. C ...... 5 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, Indian U.S.A. (TN). tiresias. Grave Point (=Soothsayer). C* ...... 5 ...... R4 Pseudanophthalmus in- Carabidae ...... Cave beetle, inquirer ..... U.S.A. (TN). quisitor. C* ...... 5 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, Louisville ... U.S.A. (KY). troglodytes. C ...... 5 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, Noblett’s ... U.S.A. (TN). paulus. C* ...... 5 ...... R4 Pseudanophthalmus Carabidae ...... Cave beetle, Tatum ...... U.S.A. (KY). parvus. C* ...... 3 ...... R1 Euphydryas editha Nymphalidae ...... Checkerspot butterfly, U.S.A. (OR, WA), Can- taylori. Taylor’s (=Whulge). ada (BC). C* ...... 5 ...... R8 Hermelycaena [Lycaena] Lycaenidae ...... Copper, Hermes ...... U.S.A. (CA). hermes. PE ...... 9 ...... R1 Megalagrion Coenagrionidae ...... Damselfly, blackline Ha- U.S.A. (HI). nigrohamatum waiian. nigrolineatum. PE ...... 2 ...... R1 Megalagrion leptodemas Coenagrionidae ...... Damselfly, crimson Ha- U.S.A. (HI). waiian. PE ...... 2 ...... R1 Megalagrion oceanicum Coenagrionidae ...... Damselfly, oceanic Ha- U.S.A. (HI). waiian. C* ...... 8 ...... R1 Megalagrion Coenagrionidae ...... Damselfly, orangeblack U.S.A. (HI). xanthomelas. Hawaiian. C ...... 5 ...... R8 Ambrysus funebris ...... Naucoridae ...... Naucorid bug (=Furnace U.S.A. (CA). Creek), Nevares Spring. C* ...... 2 ...... R1 Drosophila digressa ...... Drosophilidae ...... fly, Hawaiian Picture- U.S.A. (HI). wing. C* ...... 8 ...... R2 Heterelmis stephani ...... Elmidae ...... Riffle beetle, Stephan’s .. U.S.A. (AZ). C* ...... 8 ...... R3 Hesperia dacotae ...... Hesperiidae ...... Skipper, Dakota ...... U.S.A. (MN, IA, SD, ND, IL), Canada. C* ...... 8 ...... R1 Polites mardon ...... Hesperiidae ...... Skipper, Mardon ...... U.S.A. (CA, OR, WA). C ...... 2 ...... R3 Oarisma poweshiek ...... Hesperiidae ...... Skipperling, Poweshiek .. U.S.A. (IA, IL, IN, MI, MN, ND, SD, WI), Canada (MB). C* ...... 5 ...... R6 Lednia tumana ...... Nemouridae ...... Stonefly, melwater U.S.A. (MT). lednian. C* ...... 2 ...... R6 Cicindela albissima ...... Cicindelidae ...... Tiger beetle, Coral Pink U.S.A. (UT). Sand Dunes.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66436 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

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

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

C* ...... 5 ...... R4 Cicindela highlandensis Cicindelidae ...... Tiger beetle, highlands .. U.S.A. (FL).

ARACHNIDS

C* ...... 8 ...... R2 Cicurina wartoni ...... Dictynidae ...... Meshweaver, Warton’s U.S.A. (TX). cave.

CRUSTACEANS

C ...... 2 ...... R2 Gammarus hyalleloides Gammaridae ...... Amphipod, diminutive .... U.S.A. (TX). C ...... 8 ...... R5 Stygobromus kenki ...... Crangonyctidae ...... Amphipod, Kenk’s ...... U.S.A. (DC). C* ...... 5 ...... R1 Metabetaeus lohena ...... Alpheidae ...... Shrimp, anchialine pool U.S.A. (HI). C* ...... 5 ...... R1 Palaemonella burnsi ...... Palaemonidae ...... Shrimp, anchialine pool U.S.A. (HI). C* ...... 5 ...... R1 Procaris hawaiana ...... Procarididae ...... Shrimp, anchialine pool U.S.A. (HI). C* ...... 4 ...... R1 Vetericaris chaceorum ... Procaridae ...... Shrimp, anchialine pool U.S.A. (HI).

FLOWERING PLANTS

C* ...... 11 ...... R8 Abronia alpina ...... ...... Sand-verbena, U.S.A. (CA). Ramshaw Meadows. C* ...... 8 ...... R4 Agave eggersiana ...... Agavaceae ...... No common name ...... U.S.A. (VI). C* ...... 8 ...... R4 Arabis georgiana ...... Brassicaceae ...... Rockcress, Georgia ...... U.S.A. (AL, GA). PE ...... R8 Arctostaphylos Ericaceae ...... Manzanita, Franciscan ... U.S.A. (CA). franciscana. C* ...... 11 ...... R4 Argythamnia blodgettii ... Euphorbiaceae ...... Silverbush, Blodgett’s .... U.S.A. (FL). C* ...... 3 ...... R1 Artemisia borealis var. Asteraceae ...... Wormwood, northern ..... U.S.A. (OR, WA). wormskioldii. C* ...... 5 ...... R1 Astragalus anserinus ..... ...... Milkvetch, Goose Creek U.S.A. (ID, NV, UT). C ...... 3 ...... R1 Astragalus cusickii var. Fabaceae ...... Milkvetch, Packard’s ...... U.S.A. (ID). packardiae. C* ...... 8 ...... R6 Astragalus microcymbus Fabaceae ...... Milkvetch, skiff ...... U.S.A. (CO). C* ...... 8 ...... R6 Astragalus schmolliae .... Fabaceae ...... Milkvetch, Schmoll ...... U.S.A. (CO). C* ...... 11 ...... R6 Astragalus tortipes ...... Fabaceae ...... Milkvetch, Sleeping Ute U.S.A. (CO). PE ...... 2 ...... R1 Bidens amplectens ...... Asteraceae ...... Ko‘oko‘olau ...... U.S.A. (HI). C* ...... 3 ...... R1 Bidens campylotheca Asteraceae ...... Ko‘oko‘olau ...... U.S.A. (HI). pentamera. C* ...... 3 ...... R1 Bidens campylotheca Asteraceae ...... Ko‘oko‘olau ...... U.S.A. (HI). waihoiensis. C* ...... 8 ...... R1 Bidens conjuncta ...... Asteraceae ...... Ko‘oko‘olau ...... U.S.A. (HI). C* ...... 3 ...... R1 Bidens micrantha Asteraceae ...... Ko‘oko‘olau ...... U.S.A. (HI). ctenophylla. C* ...... 8 ...... R6 Boechera (Arabis) pusilla Brassicaceae ...... Rockcress, Fremont U.S.A. (WY). County or small. C* ...... 8 ...... R4 Brickellia mosieri ...... Asteraceae ...... Brickell-bush, Florida ..... U.S.A. (FL). C* ...... 2 ...... R1 Calamagrostis expansa Poaceae ...... Reedgrass, Maui ...... U.S.A. (HI). C* ...... 2 ...... R1 Calamagrostis Poaceae ...... Reedgrass, Hillebrand’s U.S.A. (HI). hillebrandii. C* ...... 5 ...... R8 Calochortus persistens .. Liliaceae ...... Mariposa lily, Siskiyou ... U.S.A. (CA, OR). C* ...... 2 ...... R1 Canavalia pubescens .... Fabaceae ...... ‘Awikiwiki ...... U.S.A. (HI). C* ...... 8 ...... R1 Castilleja christii ...... Scrophulariaceae ...... Paintbrush, Christ’s ...... U.S.A. (ID). C* ...... 9 ...... R4 Chamaecrista lineata Fabaceae ...... Pea, Big Pine partridge U.S.A. (FL). var. keyensis. C* ...... 12 ...... R4 Chamaesyce deltoidea Euphorbiaceae ...... Sandmat, pineland ...... U.S.A. (FL). pinetorum. C* ...... 9 ...... R4 Chamaesyce deltoidea Euphorbiaceae ...... Spurge, wedge ...... U.S.A. (FL). serpyllum. C* ...... 6 ...... R8 Chorizanthe parryi var. ...... Spineflower, San Fer- U.S.A. (CA). fernandina. nando Valley. C* ...... 2 ...... R4 Chromolaena frustrata ... Asteraceae ...... Thoroughwort, Cape U.S.A. (FL). Sable. C* ...... 8 ...... R2 Cirsium wrightii ...... Asteraceae ...... Thistle, Wright’s ...... U.S.A. (AZ, NM), Mex- ico. C* ...... 2 ...... R4 Consolea corallicola ...... Cactaceae ...... Cactus, Florida sema- U.S.A. (FL). phore. C* ...... 5 ...... R4 Cordia rupicola ...... Boraginaceae ...... No common name ...... U.S.A. (PR), Anegada. C* ...... 2 ...... R1 Cyanea asplenifolia ...... Campanulaceae ...... Haha ...... U.S.A. (HI). PE ...... 2 ...... R1 Cyanea calycina ...... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 ...... R1 Cyanea kunthiana ...... Campanulaceae ...... Haha ...... U.S.A. (HI). PE ...... 2 ...... R1 Cyanea lanceolata ...... Campanulaceae ...... Haha ...... U.S.A. (HI).

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66437

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

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

C* ...... 2 ...... R1 Cyanea obtusa ...... Campanulaceae ...... Haha ...... U.S.A. (HI). PE ...... R1 Cyanea purpurellifolia .... Campanulaceae ...... Haha ...... U.S.A. (HI). C* ...... 2 ...... R1 Cyanea tritomantha ...... Campanulaceae ...... ‘Aku ...... U.S.A. (HI). C* ...... 2 ...... R1 Cyrtandra filipes ...... Gesneriaceae ...... Ha‘iwale ...... U.S.A. (HI). PE ...... R1 Cyrtandra gracilis ...... Gesneriaceae ...... Ha‘iwale ...... U.S.A. (HI). PE ...... 2 ...... R1 Cyrtandra kaulantha ...... Gesneriaceae ...... Ha‘iwale ...... U.S.A. (HI). C* ...... 2 ...... R1 Cyrtandra oxybapha ...... Gesneriaceae ...... Ha‘iwale ...... U.S.A. (HI). PE ...... 2 ...... R1 Cyrtandra sessilis ...... Gesneriaceae ...... Ha‘iwale ...... U.S.A. (HI). PE ...... R1 Cyrtandra waiolani ...... Gesneriaceae ...... Ha‘iwale ...... U.S.A. (HI). C* ...... 3 ...... R4 Dalea carthagenensis Fabaceae ...... Prairie-clover, Florida ..... U.S.A. (FL). var. floridana. C* ...... 5 ...... R5 Dichanthelium hirstii ...... Poaceae ...... Panic grass, Hirst Broth- U.S.A. (DE, GA, NC, ers’. NJ). C* ...... 5 ...... R4 Digitaria pauciflora ...... Poaceae ...... Crabgrass, Florida pine- U.S.A. (FL). land. C* ...... 3 ...... R2 Echinomastus Cactaceae ...... Cactus, Acuna ...... U.S.A. (AZ), Mexico. erectocentrus var. acunensis. C* ...... 8 ...... R2 Erigeron lemmonii ...... Asteraceae ...... Fleabane, Lemmon ...... U.S.A. (AZ). C* ...... 2 ...... R1 Eriogonum codium ...... Polygonaceae ...... Buckwheat, Umtanum U.S.A. (WA). Desert. C* ...... 6 ...... R8 Eriogonum corymbosum Polygonaceae ...... Buckwheat, Las Vegas .. U.S.A. (NV). var. nilesii. C ...... 5 ...... R8 Eriogonum diatomaceum Polygonaceae ...... Buckwheat, Churchill U.S.A (NV). Narrows. C* ...... 5 ...... R8 Eriogonum kelloggii ...... Polygonaceae ...... Buckwheat, Red Moun- U.S.A. (CA). tain. C* ...... 8 ...... R6 Eriogonum soredium ...... Polygonaceae ...... Buckwheat, Frisco ...... U.S.A. (UT). C* ...... 2 ...... R1 Festuca hawaiiensis ...... Poaceae ...... No common name ...... U.S.A. (HI). C* ...... 11 ...... R2 Festuca ligulata ...... Poaceae ...... Fescue, Guadalupe ...... U.S.A. (TX), Mexico. C* ...... 2 ...... R1 Gardenia remyi ...... ...... Nanu ...... U.S.A. (HI). C* ...... 8 ...... R1 Geranium hanaense ...... Geraniaceae ...... Nohoanu ...... U.S.A. (HI). C* ...... 8 ...... R1 Geranium hillebrandii ..... Geraniaceae ...... Nohoanu ...... U.S.A. (HI). C* ...... 5 ...... R4 Gonocalyx concolor ...... Ericaceae ...... No common name ...... U.S.A. (PR). C ...... 2 ...... R4 Harrisia aboriginum ...... Cactaceae ...... Pricklyapple, aboriginal U.S.A. (FL). (shellmound applecactus). C* ...... 5 ...... R8 Hazardia orcuttii ...... Asteraceae ...... Orcutt’s hazardia ...... U.S.A. (CA), Mexico. C* ...... 2 ...... R1 Hedyotis fluviatilis ...... Rubiaceae ...... Kampua‘a ...... U.S.A. (HI). C* ...... 8 ...... R4 Helianthus verticillatus ... Asteraceae ...... Sunflower, whorled ...... U.S.A. (AL, GA, TN). C* ...... 2 ...... R2 Hibiscus dasycalyx ...... Malvaceae ...... Rose-mallow, Neches U.S.A. (TX). River. C* ...... 5 ...... R8 Ivesia webberi ...... Rosaceae ...... Ivesia, Webber ...... U.S.A. (CA, NV). C* ...... 3 ...... R1 Joinvillea ascendens Joinvilleaceae ...... ‘Ohe ...... U.S.A. (HI). ascendens. PE ...... 2 ...... R1 Korthalsella degeneri ..... Viscaceae ...... Hulumoa ...... U.S.A. (HI). C* ...... 5 ...... R4 Leavenworthia crassa .... Brassicaceae ...... Gladecress, unnamed .... U.S.A. (AL). C ...... 3 ...... R4 Leavenworthia exigua Brassicaceae ...... Gladecress, Kentucky .... U.S.A. (KY). var. laciniata. C* ...... 2 ...... R2 Leavenworthia texana .... Brassicaceae ...... Gladecress, Texas gold- U.S.A. (TX). en. C* ...... 8 ...... R6 Lepidium ostleri ...... Brassicaceae ...... Peppergrass, Ostler’s .... U.S.A. (UT). C* ...... 5 ...... R4 Linum arenicola ...... ...... Flax, sand ...... U.S.A. (FL). C* ...... 3 ...... R4 Linum carteri var. carteri Linaceae ...... Flax, Carter’s small-flow- U.S.A. (FL). ered. PE ...... 2 ...... R1 Melicope Rutaceae ...... Alani ...... U.S.A. (HI). christophersenii. PE ...... 2 ...... R1 Melicope hiiakae ...... Rutaceae ...... Alani ...... U.S.A. (HI). PE ...... 2 ...... R1 Melicope makahae ...... Rutaceae ...... Alani ...... U.S.A. (HI). C ...... 3 ...... R8 Mimulus fremontii var. ...... Monkeyflower, Vanden- U.S.A. (CA). vandenbergensis. berg. C* ...... 2 ...... R1 Myrsine fosbergii ...... Myrsinaceae ...... Kolea ...... U.S.A. (HI). C* ...... 2 ...... R1 Myrsine vaccinioides ...... Myrsinaceae ...... Kolea ...... U.S.A. (HI). C* ...... 8 ...... R5 Narthecium americanum Liliaceae ...... Asphodel, bog ...... U.S.A. (DE, NC, NJ, NY, SC). C* ...... 2 ...... R1 Nothocestrum latifolium ...... ‘Aiea ...... U.S.A. (HI). C* ...... 2 ...... R1 Ochrosia haleakalae ...... Apocynaceae ...... Holei ...... U.S.A. (HI).

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 66438 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules

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

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

C* ...... 3 ...... R2 Pediocactus Cactaceae ...... Cactus, Fickeisen plains U.S.A. (AZ). peeblesianus var. fickeiseniae. PT ...... 2 ...... R6 Penstemon grahamii ...... Scrophulariaceae ...... Beardtongue, Graham’s U.S.A. (CO, UT). C* ...... 9 ...... R6 Penstemon scariosus Scrophulariaceae ...... Beardtongue, White U.S.A. (CO, UT). var. albifluvis. River. C* ...... 2 ...... R1 Peperomia subpetiolata Piperaceae ...... ‘Ala ‘ala wai nui ...... U.S.A. (HI). C ...... 5 ...... R8 Phacelia stellaris ...... Hydrophyllaceae ...... Phacelia, Brand’s ...... U.S.A. (CA), Mexico. C* ...... 2 ...... R1 Phyllostegia bracteata ... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 8 ...... R1 Phyllostegia floribunda ... Lamiaceae ...... No common name ...... U.S.A. (HI). C* ...... 9 ...... R1 Physaria douglasii Brassicaceae ...... Bladderpod, White Bluffs U.S.A. (WA). tuplashensis. C* ...... 8 ...... R4 Physaria globosa ...... Brassicaceae ...... Bladderpod, Short’s ...... U.S.A. (IN, KY, TN). C* ...... 2 ...... R6 Pinus albicaulis ...... Pinaceae ...... Pine, whitebark ...... U.S.A. (CA, ID, MT, NV, OR, WA, WY), Can- ada (AB, BC). C* ...... 8 ...... R4 Platanthera integrilabia .. Orchidaceae ...... Orchid, white fringeless U.S.A. (AL, GA, KY, MS, NC, SC, TN, VA). PE ...... 3 ...... R1 Platydesma cornuta var. Rutaceae ...... No common name ...... U.S.A. (HI). cornuta. PE ...... 3 ...... R1 Platydesma cornuta var. Rutaceae ...... No common name ...... U.S.A. (HI). decurrens. C* ...... 2 ...... R1 Platydesma remyi ...... Rutaceae ...... No common name ...... U.S.A. (HI). C ...... 2 ...... R1 Pleomele fernaldii ...... Agavaceae ...... Hala pepe ...... U.S.A. (HI). PE ...... 2 ...... R1 Pleomele forbesii ...... Agavaceae ...... Hala pepe ...... U.S.A. (HI). C* ...... 11 ...... R8 Potentilla basaltica ...... Rosaceae ...... Cinquefoil, Soldier U.S.A. (NV). Meadow. C* ...... 3 ...... R1 Pseudognaphalium Asteraceae ...... ‘Ena‘ena ...... U.S.A. (HI). (=Gnaphalium) sandwicensium var. molokaiense. PE ...... 3 ...... R1 Psychotria hexandra Rubiaceae ...... Kopiko ...... U.S.A. (HI). oahuensis. PE ...... 2 ...... R1 Pteralyxia macrocarpa ... Apocynaceae ...... Kaulu ...... U.S.A. (HI). C* ...... 2 ...... R1 Ranunculus hawaiensis Ranunculaceae ...... Makou ...... U.S.A. (HI). C* ...... 2 ...... R1 Ranunculus mauiensis ... Ranunculaceae ...... Makou ...... U.S.A. (HI). C* ...... 8 ...... R8 Rorippa subumbellata .... Brassicaceae ...... Cress, Tahoe yellow ...... U.S.A. (CA, NV). C* ...... 2 ...... R1 Schiedea pubescens ..... Caryophyllaceae ...... Ma‘oli‘oli ...... U.S.A. (HI). C* ...... 2 ...... R1 Schiedea salicaria ...... Caryophyllaceae ...... No common name ...... U.S.A. (HI). C* ...... 5 ...... R8 Sedum eastwoodiae ...... ...... Stonecrop, Red Moun- U.S.A. (CA). tain. C* ...... 2 ...... R1 Sicyos macrophyllus ...... Cucurbitaceae ...... ‘Anunu ...... U.S.A. (HI). C ...... 12 ...... R4 Sideroxylon reclinatum Sapotaceae ...... Bully, Everglades ...... U.S.A. (FL). austrofloridense. C* ...... 2 ...... R4 Solanum conocarpum .... Solanaceae ...... Bacora, marron ...... U.S.A. (PR). C* ...... 8 ...... R1 Solanum nelsonii ...... Solanaceae ...... Popolo ...... U.S.A. (HI). C* ...... 8 ...... R4 Solidago plumosa ...... Asteraceae ...... Goldenrod, Yadkin River U.S.A. (NC). C* ...... 2 ...... R2 Sphaeralcea gierischii .... Malvaceae ...... Mallow, Gierisch ...... U.S.A. (AZ, UT). C* ...... 2 ...... R1 Stenogyne cranwelliae ... Lamiaceae ...... No common name ...... U.S.A. (HI). C ...... 8 ...... R2 Streptanthus bracteatus Brassicaceae ...... Twistflower, bracted ...... U.S.A. (TX). C* ...... 8 ...... R4 Symphyotrichum Asteraceae ...... Aster, Georgia ...... U.S.A. (AL, FL, GA, NC, georgianum. SC). PE ...... R1 Tetraplasandra lydgatei Araliaceae ...... No common name ...... U.S.A. (HI). C* ...... 8 ...... R6 Trifolium friscanum ...... Fabaceae ...... Clover, Frisco ...... U.S.A. (UT). PE ...... 2 ...... R1 Zanthoxylum oahuense Rutaceae ...... A‘e ...... U.S.A. (HI).

FERNS AND ALLIES

C* ...... 8 ...... R1 Cyclosorus boydiae ...... Thelypteridaceae ...... No common name ...... U.S.A. (HI). PE ...... 2 ...... R1 Doryopteris takeuchii ..... Pteridaceae ...... No common name ...... U.S.A. (HI). C* ...... 2 ...... R1 Huperzia (= Lycopodiaceae ...... Wawae‘iole ...... U.S.A. (HI). Phlegmariurus) stemmermanniae. C* ...... 3 ...... R1 Microlepia strigosa var. Dennstaedtiaceae ...... Palapalai ...... U.S.A. (HI). mauiensis (= Microlepia mauiensis). C ...... 3 ...... R4 Trichomanes punctatum Hymenophyllaceae ...... Florida bristle fern ...... U.S.A. (FL) floridanum.

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Proposed Rules 66439

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

Status Lead re- Scientific name Family Common name Historical range Code Expl. gion

BIRDS

Rp ...... A ...... R6 ...... Charadrius montanus .... Charadriidae ...... Plover, mountain ...... U.S.A. (AZ, CA, CO, KS, MT, ND, NE, NM, NV, OK, SD, TX, UT, WY), Canada (AB, SK), Mexico.

FISH

E ...... L ...... R4 ...... Phoxinus saylori ...... Cyprinidae ...... Dace, laurel ...... U.S.A. (TN). E ...... L ...... R4 ...... Etheostoma susanae ..... Percidae ...... Darter, Cumberland ...... U.S.A. (KY, TN). E ...... L ...... R4 ...... Etheostoma phytophilum Percidae ...... Darter, rush ...... U.S.A. (AL). E ...... L ...... R4 ...... Etheostoma moorei ...... Percidae ...... Darter, yellowcheek ...... U.S.A (AR). E ...... L ...... R4 ...... Noturus crypticus ...... Ictaluridae ...... Madtom, chucky ...... U.S.A. (TN).

SNAILS

Rc ...... A ...... R2 ...... Pyrgulopsis gilae ...... Hydrobiidae ...... Springsnail, Gila ...... U.S.A. (NM). Rc ...... A ...... R2 ...... Pyrgulopsis thermalis ..... Hydrobiidae ...... Springsnail, New Mexico U.S.A. (NM).

INSECTS

T(S/A) .... L ...... R4 ...... Leptotes cassius Lycaenidae ...... Butterfly, cassius blue .... U.S.A. (FL), Bahamas, theonus. Greater Antilles, Cay- man Islands. T(S/A) .... L ...... R4 ...... Hemiargus ceraunus Lycaenidae ...... Butterfly, ceraunus blue U.S.A. (FL), Bahamas. antibubastus. E ...... L 1 ...... R4 ...... Cyclargus thomasi Lycaenidae ...... Butterfly, Miami blue ...... U.S.A. (FL), Bahamas. bethunebakeri. T(S/A) .... L ...... R4 ...... Cyclargus ammon ...... Lycaenidae ...... Butterfly, Nickerbean U.S.A. (FL), Bahamas, blue. Cuba. Rc ...... A ...... R1 ...... Nysius wekiuicola ...... Lygaeidae ...... Bug, Wekiu ...... U.S.A. (HI). E ...... L ...... R8 ...... Dinacoma caseyi ...... Scarabidae ...... June beetle, Casey’s ..... U.S.A. (CA).

FLOWERING PLANTS

E ...... L ...... R6 ...... Ipomopsis polyantha ...... Polemoniaceae ...... Skyrocket, Pagosa ...... U.S.A. (CO) T ...... L ...... R6 ...... Penstemon debilis ...... Scrophulariaceae ...... Beardtongue, Parachute U.S.A. (CO) T ...... L ...... R6 ...... Phacelia submutica ...... Hydrophyllaceae ...... Phacelia, DeBeque ...... U.S.A. (CO) 1 Emergency.

[FR Doc. 2011–27122 Filed 10–25–11; 8:45 am] BILLING CODE P

VerDate Mar<15>2010 16:54 Oct 25, 2011 Jkt 226001 PO 00000 Frm 00071 Fmt 4701 Sfmt 9990 E:\FR\FM\26OCP2.SGM 26OCP2 jlentini on DSK4TPTVN1PROD with PROPOSALS2