Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42631

include the information specified in agreement or amendment for which a authority pursuant to § 0.261 of this § 64.1001(c) of this chapter. Such filings modification request is required to be chapter. Interested parties will have 10 shall be made with the Commission, filed cannot become effective until the days from the date of issuance of a with a copy to the Chief, International modification request has been granted public notice of the petition to file Bureau. The transmittal letter under paragraph (e) of this section. comments or oppositions to such accompanying the confidential filing * * * * * petitions and subsequently 7 days for shall clearly identify the filing as 9. Section 64.1002 is amended by replies. In the event significant, responsive to § 43.51(f). revising the introductory text of immediate harm to the public interest is * * * * * paragraph (a), removing and reserving likely to occur that cannot be addressed through post facto remedies, the Note 3 to § 43.51: Carriers shall rely on the paragraph (b) and revising paragraphs Commission’s list of foreign carriers that do (c) and (d) to read as follows: International Bureau may impose not qualify for the presumption that they lack temporary requirements on carriers § 64.1002 International settlements policy. market power in particular foreign points for authorized pursuant to § 63.18 of this purposes of determining which of their (a) A common carrier that is chapter without prejudice to its findings foreign carrier contracts are subject to the authorized pursuant to part 63 of this on such petitions. contract filing requirements set forth in chapter to provide facilities-based * * * * * paragraphs (a) and (b)(3) of this section. The switched voice service on a U.S. [FR Doc. 2011–17368 Filed 7–18–11; 8:45 am] Commission’s list of foreign carriers that do international route that is listed on the BILLING CODE 6712–01–P not qualify for the presumption that they lack Commission’s ‘‘Exclusion List’’ (http:// market power in particular foreign points is _ available from the International Bureau’s www.fcc.gov/ib/pd/exclusion list.pdf), World Wide Web site at http://www.fcc.gov/ and that enters into an operating or DEPARTMENT OF THE INTERIOR ib. The Commission will include on the list other agreement to provide any such of foreign carriers that do not qualify for the service in correspondence with a foreign Fish and Wildlife Service presumption that they lack market power in carrier that does not qualify for the particular foreign points any foreign carrier presumption that it lacks market power 50 CFR Part 17 that has 50 percent or more market share in on the foreign end of the route, must the international transport or local access comply with the following [Docket No. FWS–R6–ES–2010–0047; MO markets of a foreign point. A party that seeks requirements: 92210–0–0008] to remove such a carrier from the Commission’s list bears the burden of * * * * * Endangered and Threatened Wildlife submitting information to the Commission (b) [Reserved]. and Plants; 12-Month Finding on a sufficient to demonstrate that the foreign (c) A carrier that seeks to exempt from Petition To List Pinus albicaulis as carrier lacks 50 percent market share in the the international settlements policy an Endangered or Threatened With international transport and local access international route on the ‘‘Exclusion Critical Habitat markets on the foreign end of the route or List’’ must make its request to the that it nevertheless lacks sufficient market International Bureau, accompanied by a AGENCY: Fish and Wildlife Service, power on the foreign end of the route to Interior. affect competition adversely in the U.S. showing that a U.S. carrier has entered market. A party that seeks to add a carrier to into a benchmark-compliant settlement ACTION: Notice of 12-month petition the Commission’s list bears the burden of rate agreement with a foreign carrier finding. submitting information to the Commission that possesses market power in the sufficient to demonstrate that the foreign country at the foreign end of the U.S. SUMMARY: We, the U.S. Fish and carrier has 50 percent or more market share international route that is the subject of Wildlife Service (Service), announce a in the international transport or local access the request. The required showing shall 12-month finding on a petition to list markets on the foreign end of the route or consist of an effective accounting rate Pinus albicaulis (whitebark pine) as that it nevertheless has sufficient market modification, filed pursuant to threatened or endangered and to power to affect competition adversely in the designate critical habitat under the U.S. market. § 64.1001, that includes a settlement rate that is at or below the Commission’s Endangered Species Act of 1973, as benchmark settlement rate adopted for amended (Act). After review of all PART 64—MISCELLANEOUS RULES that country in IB Docket No. 96–261, available scientific and commercial RELATING TO COMMON CARRIERS Report and Order, 12 FCC Rcd 19,806, information, we find that listing P. 7. The authority citation for part 64 62 FR 45758, Aug. 29, 1997, available albicaulis as threatened or endangered continues to read as follows: on the International Bureau’s World is warranted. However, currently listing Wide Web site at http://www.fcc.gov/ib. P. albicaulis is precluded by higher Authority: 47 U.S.C. 154, 254(k); secs. (d) A carrier or other party may priority actions to amend the Lists of 403(b)(2)(B), (c), Public Law 104–104, 110 Endangered and Threatened Wildlife Stat. 56. Interpret or apply 47 U.S.C. 201, request Commission intervention on any 218, 225, 226, 228, and 254(k) unless U.S. international route for which and Plants. Upon publication of this 12- otherwise noted. competitive problems are alleged by month petition finding, we will add P. filing with the International Bureau a albicaulis to our candidate species list. 8. Section 64.1001 is amended by We will develop a proposed rule to list revising paragraph (a) to read as follows: petition, pursuant to this section, demonstrating anticompetitive behavior P. albicaulis as our priorities and § 64.1001 Requests to modify international that is harmful to U.S. customers. The funding will allow. We will make any settlements arrangements. Commission may also act on its own determination on critical habitat during (a) The procedures set forth in this motion. Carriers and other parties filing development of the proposed listing rule apply to carrier requests to modify complaints must support their petitions rule. In any interim period, we will international settlement arrangements with evidence, including an affidavit address the status of the candidate taxon on any U.S. international route listed on and relevant commercial agreements. through our annual Candidate Notice of the Commission’s ‘‘Exclusion List.’’ See The International Bureau will review Review. http://www.fcc.gov/ib/pd/ complaints on a case-by-case basis and DATES: The finding announced in this exclusion_list.pdf. Any operating take appropriate action on delegated document was made on July 19, 2011.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42632 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

ADDRESSES: This finding is available on had not presented substantial This 12-month finding is based on our the Internet at http://www.regulations. information indicating that listing P. consideration and evaluation of the best gov at Docket Number FWS–R6–ES– albicaulis may be warranted. We scientific and commercial information 2010–0047. Supporting documentation published this finding in the Federal available. We reviewed the information we used in preparing this finding is Register on January 27, 1994 (59 FR provided in NRDC’s petition, available for public inspection, by 3824). information available in our files, other appointment, during normal business On December 9, 2008, we received a available published and unpublished hours at the U.S. Fish and Wildlife petition dated December 8, 2008, from information, and information received Service, Wyoming Ecological Services the Natural Resources Defense Council from the public. Additionally, we Field Office, 5353 Yellowstone Road, (NRDC) requesting that we list Pinus consulted with recognized Federal and Suite 308A, Cheyenne, WY 82009. albicaulis as endangered throughout its non-Federal Pinus albicaulis experts, Please submit any new information, range and designate critical habitat plant pathologists, and plant geneticists. materials, comments, or questions under the Act. The petition clearly All information received has been concerning this finding to the above identified itself as such and included carefully considered in this finding. address. the requisite identification information Funding was made available during for the petitioner, as required by 50 CFR the 2010 and 2011 Fiscal Years for work FOR FURTHER INFORMATION CONTACT: R. 424.14(a). Included in this petition was on the status review. This notice Mark Sattelberg, Field Supervisor, supporting information regarding the Wyoming Ecological Services Field constitutes our 12-month finding on the species’ natural history, biology, December 9, 2008, petition to list Pinus Office (see ADDRESSES); by telephone at , lifecycle, distribution, and albicaulis as endangered throughout its 307–772–2374; or by facsimile at 307– reasons for decline. The NRDC 772–2358. If you use a range and designate critical habitat reiterated the threats from the 1991 under the Act. telecommunications device for the deaf petition, and included climate change (TDD), please call the Federal and successional replacement as Species Information Information Relay Service (FIRS) at additional threats to P. albicaulis. In a Taxonomy and Life History 800–877–8339. January 13, 2009, letter to NRDC, we SUPPLEMENTARY INFORMATION: responded that we had reviewed the Pinus albicaulis Engelm. (whitebark pine) is a 5-needled conifer species Background information presented in the petition and determined that issuing an placed in the subgenus Strobus, which Section 4(b)(3)(A) of the Act (16 emergency regulation temporarily also includes other 5-needled white U.S.C. 1531 et seq.) requires that, for listing the species under section 4(b)(7) pines. This subgenus is further divided any petition to revise the Federal Lists of the Act was not warranted. We also into two sections (Strobus and Parrya), of Endangered and Threatened Wildlife stated that we could not address the and under section Strobus, into two and Plants that contains substantial petition promptly because of staff and subsections (Cembrae and Strobi). The scientific or commercial information budget limitations. We indicated that traditional taxonomic classifications that listing a species may be warranted, we would process a 90-day petition placed P. albicaulis in the subsection we make a finding within 12 months of finding as quickly as possible. Cembrae with four other Eurasian stone the date of receipt of the petition. In this On December 23, 2009, we received pines (Critchfield and Little 1966, p. 5; finding, we determine whether the NRDC’s December 11, 2009, notice of Lanner 1990, p. 19). However, recent petitioned action is: (a) Not warranted, intent to sue over our failure to respond phylogenetic studies (Liston et al. 1999, (b) warranted, or (c) warranted, but to the petition to list Pinus albicaulis 2007; Syring et al. 2005, 2007; as cited immediate proposal of a regulation and designate critical habitat. We in Committee on the Status of implementing the petitioned action is responded in a letter dated January 12, Endangered Wildlife in Canada precluded by other pending proposals to 2010, indicating that other preceding (COSEWIC) 2010, p. 4) showed no determine whether species are listing actions had priority, but that we difference in monophyly (ancestry) threatened or endangered, and expected to complete the 90-day finding between subsection Cembrae and expeditious progress is being made to during the 2010 Fiscal Year. On subsection Strobi and merged them to add or remove qualified species from February 24, 2010, we received a formal form subsection Strobus. No taxonomic the Federal Lists of Endangered and complaint from NRDC for our failure to subspecies or varieties of P. albicaulis Threatened Wildlife and Plants. Section comply with issuing a 90-day finding on are recognized (COSEWIC 2010, p. 6). 4(b)(3)(C) of the Act requires that we the petition. On May 7, 2010, we Based on this taxonomic classification treat a petition for which the requested responded in writing to the formal information, we recognize P. albicaulis action is found to be warranted but complaint and provided answers to as a valid species and a listable entity. precluded as though resubmitted on the their claims and allegations. Pinus albicaulis is typically 5 to 20 date of such finding, that is, requiring a We completed a 90-day finding on the meters (m) (16 to 66 feet (ft)) tall with subsequent finding to be made within petition, which was published in the a rounded or irregularly spreading 12 months. We must publish these 12- Federal Register on July 20, 2010 (75 FR crown shape. On higher density conifer month findings in the Federal Register. 42033). In that finding we determined sites, P. albicaulis tends to grow as tall, that the petition presented substantial single-stemmed trees, whereas on open, Previous Federal Actions information such that listing Pinus more exposed sites, it tends to have On February 5, 1991, the Great Bear albicaulis may be warranted, and multiple stems (McCaughey and Foundation of Missoula, Montana, announced that we would be Tomback 2001, pp. 113–114). Above petitioned the Service to list Pinus conducting a status review of the tree line, it grows in a krummholz form albicaulis under the Act, stating the species. We opened a 60-day (stunted, shrub-like growth) (Arno and species was rapidly declining due to information collection period to allow Hoff 1989, p. 6). This pine species is impacts from mountain pine beetles, all interested parties an opportunity to monoecious, (both male pollen and white pine blister rust, and fire provide information on the status of female seed cones are on the same tree). suppression. After reviewing the Pinus albicaulis (75 FR 42033), and Its characteristic dark brown to purple petition, we found that the petitioner received 20 letters from the public. seed cones are 5 to 8 centimeters (cm)

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42633

(2 to 3 inches (in.)) long and grow at the albicaulis also provides important, While Pinus albicaulis is almost outer ends of upper branches (Hosie highly nutritious seeds for a number of exclusively dependent upon Clark’s 1969, p. 42). birds and mammals (Tomback et al. nutcracker for seed dispersal, the Stone pines (so-called for their stone- 2001, pp. 8, 10). reverse is not true as Clark’s nutcracker like seeds) include five species Pinus albicaulis trees are capable of forage on seeds from numerous species worldwide, and Pinus albicaulis is the producing seed cones at 20–30 years of of pine. The frequency of nutcracker only stone pine that occurs in North age, although large cone crops usually occurrence and probability of seed America (McCaughey and Schmidt are not produced until 60–80 years dispersal from a P. albicaulis forest is 2001, p. 30). Characteristics of stone (Krugman and Jenkinson 1974, as cited strongly associated with the number of pines include five needles per cluster, in McCaughey and Tomback 2001, p. available cones. A threshold of 1,000 indehiscent seed cones (scales remain 109). Therefore, the generation time of cones per hectare (ha) (2.47 acres (ac)) essentially closed at maturity) that stay P. albicaulis is approximately 60 years is needed for a high likelihood of seed on the tree, and wingless seeds that (COSEWIC 2010, p. v). Like many other dispersal by nutcrackers, and this level remain fixed to the cone and cannot be species of pines, P. albicaulis exhibits of cone production occurs in forests dislodged by the wind. Because P. masting, in which populations with a live basal area (the volume of albicaulis seeds cannot be wind- synchronize their seed production and wood occurring in a given area) greater disseminated, primary seed dispersal provide varying amounts from year to than 5 square meters (m) per ha occurs almost exclusively by Clark’s year. During years with high seed (McKinney et al. 2009, p. 603). For an nutcrackers (Nucifraga columbiana) in production, typically once every 3–5 adult Clark’s nutcracker to survive a the avian family Corvidae (whose years in P. albicaulis (McCaughey and subalpine winter (accounting for those members include ravens, crows, and Tomback 2001, p. 110), seed consumers seeds consumed by rodents and those jays) (Lanner 1996, p. 7; Schwandt 2006, are satiated, resulting in excess seeds fed to juvenile nutcrackers), it would p. 2). Consequently, Clark’s nutcrackers that escape predation (Lorenz et al. need to cache seeds from 767 to 2,130 facilitate P. albicaulis regeneration and 2008, pp. 3–4). Pinus albicaulis seed cones (McKinney et al. 2009, p. 605). influence its distribution and predators are numerous and include Clark’s nutcrackers are able to assess population structure through their seed more than 20 species of vertebrates cone crops, and if there are insufficient caching activities (Tomback et al. 1990, including Clark’s nutcracker (Nucifraga seeds to cache, they will emigrate in p. 118). columbiana), pine squirrels order to survive (McKinney et al. 2009, Pinus albicaulis is a hardy conifer that (Tamiasciurus spp.), grizzly bears p. 599). tolerates poor soils, steep slopes, and (Ursus arctos), black bears (Ursus windy exposures and is found at alpine Distribution americanus), Steller’s Jay (Cyanocitta tree line and subalpine elevations Pinus albicaulis occurs in scattered throughout its range (Tomback et al. stelleri), and Pine Grosbeak (Pinicola areas of the warm and dry Great Basin 2001, pp. 6, 27). It grows under a wide enucleator) (Lorenz et al. 2008, p. 3). but it typically occurs on cold and range of precipitation amounts, from Seed predation plays a major role in P. windy high-elevation or high-latitude about 51 to over 254 cm (20 to 100 in.) albicaulis population dynamics, as seed sites in western North America. As a per year (Farnes 1990, p. 303). Pinus predators largely determine the fate of result, many stands are geographically albicaulis may occur as a climax seeds. However, P. albicaulis has co- isolated (Arno and Hoff 1989, p. 1; species, early successional species, or evolved with seed predators and has Keane et al. 2010, p. 13). Its range seral (mid-successional stage) co- several adaptations, like masting, that extends longitudinally between 107 and dominant associated with other tree has allowed the species to persist 128 degrees west and latitudinally species. Although it occurs in pure or despite heavy seed predation (Lorenz et between 27 and 55 degrees north nearly pure stands at high elevations, it al. 2008, p. 3–4). (McCaughey and Schmidt 2001, p. 33). typically occurs in stands of mixed Seeds not retrieved by Clark’s The distribution of P. albicaulis species in a variety of forest community nutcrackers or other seed predators are includes coastal and Rocky Mountain types. subsequently available for germination ranges that are connected by scattered Pinus albicaulis is a slow-growing, when conditions are favorable populations in northeastern Washington long-lived tree with a life span of up to (McCaughey and Tomback 2001, p. and southeastern British Columbia 500 years and sometimes more than 111). In years with low seed production, (Arno and Hoff 1990, p. 268; Keane et 1,000 years (Arno and Hoff 1989, pp. 5– most seeds are predated and, therefore, al. 2010, p. 13). The coastal distribution 6). It is considered a keystone, or unavailable for germination (Lorenz et of P. albicaulis extends from the Bulkley foundation species in western North al. 2008, p. 4). A single nutcracker can Mountains in British Columbia to the America where it increases biodiversity cache up to an estimated 98,000 P. northeastern Olympic Mountains and and contributes to critical ecosystem albicaulis seeds during good seed crop Cascade Range of Washington and functions (Tomback et al. 2001, pp. 7– years (Hutchins and Lanner 1982, p. Oregon, to the Kern River of the Sierra 8). As a pioneer or early successional 196). They may bury seeds near parent Nevada Range of east-central California species, it may be the first conifer to trees or travel up to 22 kilometers (km) (Arno and Hoff 1990, p. 268). Isolated become established after disturbance, (14 miles (mi)) away at varying stands of P. albicaulis are known from subsequently stabilizing soils and elevations. Cache sites have been found the Blue and Wallowa Mountains in regulating runoff (Tomback et al. 2001, to occur on forest floors, above treeline, northeastern Oregon and the subalpine pp. 10–11). At higher elevations, snow in rocky outcrops, meadow edges, and montane zones of mountains in drifts around P. albicaulis trees, thereby clearcuts, and burned areas (Tomback et northeastern California, south-central increasing soil moisture, modifying soil al. 1990, p. 120). Pinus albicaulis Oregon, and northern Nevada (Arno and temperatures, and holding soil moisture seedlings have highly variable survival Hoff 1990, p. 268; Keane et al. 2010, p. later into the season (Farnes 1990, p. rates; seedlings originating from 13). The Rocky Mountain distribution of 303). These higher elevation trees also nutcracker caches ranged from 56 P. albicaulis ranges from northern shade, protect, and slow the progression percent survival over the first year to 25 British Columbia and Alberta to Idaho, of snowmelt, essentially reducing spring percent survival by the fourth year Montana, Wyoming, and Nevada (Arno flooding at lower elevations. Pinus (Tomback 1982, p. 451). and Hoff 1990, p. 268; Keane et al. 2010,

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42634 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

p. 13), with extensive stands occurring The Wind River Range in Wyoming is McCaughey and Schmidt 2001, p. 33) in the Yellowstone ecosystem the eastern most distribution of the (Figure 1). (McCaughey and Schmidt 2001, p. 33). species (Arno and Hoff 1990, p. 268; BILLING CODE 4310–58–P ••

Can

Alberta Saskatchewa

tI 1\110 ntan a

Idaho Wyoming

I •

Nevada. Utah Colorado

White ba rk Pin e Ra ng e (Little, 1971 )

Created By: US FVUS , Wi ES 0 100 3]0 3]0 400 fIl N Mar) Date: 6J3i2011 Miles ;,r; A Source: Elbert little I USBO C ' ~, I Atlas of Camuia I USGS - Kilometers Projection: o 100 3]0 3]0 400 NAD8J AlbelS

Figure I.-Estimated Pinus albicaulis range distribution (Little, 1971).

BILLING CODE 4310–58–C the Sierra Nevada (McCaughey and common associated tree species include In general, the upper elevational Schmidt 2001, p. 33). Pinus albicaulis is P. contorta var. latifolia (lodgepole limits of Pinus albicaulis decrease with typically found growing at alpine pine), Picea engelmannii (Engelmann increasing latitude throughout its range timberline or with other high-mountain spruce), Abies lasiocarpa (subalpine fir), (McCaughey and Schmidt 2001, p. 33). conifers just below the timberline and and Tsuga mertensiana (mountain The elevational limit of the species upper montane zone (Arno and Hoff hemlock). Common associated tree ranges from approximately 900 m (2,950 1990, p. 270; McCaughey and Schmidt species are similar in the Sierra Nevada ft) at its northern limit in British 2001, p. 33). In the Rocky Mountains, and Blue and Cascade Mountains, Columbia up to 3,660 m (12,000 ft) in

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS EP19JY11.120 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42635

except lodgepole pine is present as P. federally owned or managed. The albicaulis strongly suggests that the contorta var. murrayana (Sierra-Cascade majority is located on U.S. Forest species is in range-wide decline (Table lodgepole pine) and mountain hemlock Service (USFS) lands (approximately 81 1). Although the majority of available is absent from the Blue Mountains percent, or 4,698,388 ha (11,609,969 data was collected in the last several (Arno and Hoff 1990, p. 270; ac)). The bulk of the remaining acreage decades, the decline in P. albicaulis McCaughey and Schmidt 2001, pp. 33– is located on National Park Service populations likely began sometime 34). (NPS) lands (approximately 13 percent, following the 1910 introduction of the or 740,391 ha (1,829,547 ac)). Small exotic disease white pine blister rust. Roughly 44 percent of the species’ amounts of P. albicaulis also can be range occurs in the United States, with Although we do not have a study that found on Bureau of Land Management quantifies the rate of decline across the the remaining 56 percent of its range lands (approximately 2 percent, or entire range, we conclude that the occurring in British Columbia and 119,598 ha (295,534 ac)). The remaining Alberta, Canada (COSEWIC 2010, p. iv). 4 percent is under non-Federal preponderance of data from the studies In Canada, the majority of the species’ ownership. listed below and elsewhere in this status distribution occurs on private lands review provides evidence of a (Achuff 2010, pers. comm.). In the Trends substantial and pervasive decline United States, approximately 96 percent Mortality data collected in multiple throughout almost the entire range of of land where the species occurs is studies throughout the range of Pinus the species.

TABLE 1—SUMMARY OF RESULTS FROM STUDIES DOCUMENTING THE DECLINE OF PINUS ALBICAULIS IN THE UNITED STATES AND CANADA [Adapted from Keane et al. 2010, p. 127]

Percent Study year Geographic area decline Source

United States

1992 ...... Southern Bitterroot National Forest ...... 14 Arno et al. (1993). 1992 ...... Western Montana ...... 51 Keane and Arno (1993). 1993 ...... Bob Marshall Wilderness ...... 44 Keane et al. (1994). 1995 ...... Eastern Cascades ...... 2 Hadfield et al. (1996). 1996 ...... Bitterroot National Forest ...... 29 Hartwell and Alaback (1997). 1997 ...... Intermountain Region ...... 1 Smith and Hoffman (1998, 2000). 2000 ...... Selkirk Mountains ...... 34 Kegley et al. (2001). 2001 ...... Umpqua National Forest ...... 10 Goheen et al. (2002). 2003 ...... Western Cascades, Washington ...... 41 Shoal and Aubry (2004). 2003 ...... Eastern Cascades ...... 16 Shoal and Aubry (2004). 2005 ...... Washington, Oregon ...... 35 Summary of multiple studies in Ward et al. (2006). 2007 ...... Oregon, Washington ...... 21 Shoal (2007). 2008 ...... Mt. Rainier, North Cascades ...... 31 Rochefort (2008). 2008 ...... Greater Yellowstone ...... 70 Bockino (2008). 2008 ...... Glacier National Park ...... 60 Smith et al. (2008). 2008 ...... Central Idaho ...... 31 Hicke and Logan (2009).

Canada

1997 ...... British Columbia ...... 21 Campbell (1998); Campbell and Antos (2003). 2001 ...... British Columbia ...... 19 Zeglen (2002, 2007). 2007 ...... Canadian Rocky Mountains ...... 57 Smith et al. (2008).

In Canada, based on current mortality Summary of Information Pertaining to (D) The inadequacy of existing rates, it is anticipated that Pinus the Five Factors regulatory mechanisms; or albicaulis will decline by 57 percent by (E) Other natural or manmade factors Section 4 of the Act (16 U.S.C. 1533) 2100 (COSEWIC 2010, p. 19). The value affecting its continued existence. and implementing regulations (50 CFR In making this finding, information for this anticipated decline is likely an part 424) set forth procedures for adding pertaining to Pinus albicaulis in relation underestimate, as it assumes current species to the Federal Lists of to the five factors provided in section mortality rates remain constant into the Endangered and Threatened Wildlife 4(a)(1) of the Act is discussed below. foreseeable future. Past trends have and Plants. Under section 4(a)(1) of the shown that mortality rates have been Act, a species may be determined to be In considering what factors might increasing over the last several decades endangered or threatened based on any constitute threats to a species, we must (this is discussed in more detail under of the following five factors: look beyond the exposure of the species Factor C, Disease or Predation). The to a particular factor to evaluate whether (A) The present or threatened the species may respond to that factor range of mortality rates for P. albicaulis destruction, modification, or in the United States are similar to those in a way that causes actual impacts to curtailment of its habitat or range; the species. If there is exposure to a in Canada, which suggests that the (B) Overutilization for commercial, anticipated rates of decline will be factor and the species responds recreational, scientific, or educational negatively, the factor may be a threat, similar. purposes; and, during the status review, we (C) Disease or predation; attempt to determine how significant a

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42636 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

threat it is. The threat is significant if it intensity, high intensity, or mixed to a managed fire regime. Stands once drives, or contributes to, the risk of intensity. These varying intensity levels dominated by P. albicaulis have extinction of the species such that the result in very different impacts to P. undergone succession to more shade- species warrants listing as endangered albicaulis communities. Low-intensity, tolerant conifers (Arno et al. 1993 in or threatened as those terms are defined surface-level ground fires occur Keane et al. 1994, p. 225; Flanagan et al. in the Act. However, the identification frequently under low-fuel conditions. 1998, p. 307). Once shade-tolerant of factors that could impact a species These fires remove small-diameter, thin- conifer species become firmly negatively may not be sufficient to barked seedlings and allow large, established, the habitat is effectively lost compel a finding that the species mature trees to thrive (Arno 2001, p. to P. albicaulis until a disturbance like warrants listing. The information must 82). Low-intensity fires also reduce fuel fire once again opens the area for P. include evidence sufficient to suggest loads and competition from fire- albicaulis regeneration. Determining the that these factors are operative threats susceptible conifers, shrubs, and total amount of P. albicaulis habitat lost that act on the species to the point that grasses, thereby opening up spaces to succession rangewide is difficult, as the species may meet the definition of necessary for the shade-intolerant P. there is seldom a historic baseline for endangered or threatened under the Act. albicaulis to regenerate and thus comparison, and the degree of maintain prominence in seral succession is very specific to local Factor A. The Present or Threatened communities (Arno 1986 in Keane et al. conditions (Keane 2011a, pers. comm.). Destruction, Modification, or 1994, p. 215). High-intensity fires occur Shade-tolerant conifer species grow Curtailment of Its Habitat or Range where high fuel loads, ladder fuels more densely than shade-intolerant Fire and Fire Suppression (vegetation below the crown level of conifer species like P. albicaulis forest trees, which allows fire to move (Minore 1979, p. 3). Denser stands Fire is one of the most important from the forest floor to tree crowns), and eliminate the open sites that are often landscape-level disturbance processes other compounding conditions result in used by Clark’s nutcracker for seed within high-elevation Pinus albicaulis increased flammability (Agee 1993, p. caching and which are also the sites forests (Agee 1993, p. 259; Morgan and 258). High-intensity fires, often referred required to facilitate the regeneration of Murray 2001, p. 238; Spurr and Barnes to as stand replacement fires, or crown the shade-intolerant P. albicaulis. 1980, p. 422), and has been important to fires (Agee 1993, p. 16), produce Additionally, the growth of more perpetuating early seral (successional intensive heat, resulting in the removal homogeneously structured stands with stage) P. albicaulis communities (Arno of all or most of the vegetation from the continuous crowns and increased 2001, p. 82; Shoal et al. 2008, p. 20). ground. High-intensity fires begin the surface fuels has resulted in fires that Without regular disturbance, primarily process of vegetative succession by are larger and more intense (Keane from fire, these forest communities opening seed beds that become available 2001b, p. 175). follow successional pathways that for the establishment and development Pinus albicaulis cannot withstand eventually lead to dominance by shade- of shade-intolerant species like P. high-intensity fires; during such fires, tolerant conifers such as Abies albicaulis. High-intensity fires are all age and size classes can be killed. lasiocarpa, Picea engelmannii, and generally less frequent because it takes However, newly burned areas provide a Tsuga mertensiana, to the exclusion of longer time intervals to build the large seedbed for P. albicaulis, and if stands P. albicaulis (Keane and Parsons 2010, fuel accumulations necessary to of unburned cone-producing P. p. 57). When fire is present on the promote these types of fires (Agee 1993, albicaulis are nearby (i.e., within the landscape, P. albicaulis has an p. 258). Mixed-intensity fires are most range of Clark’s nutcracker caching advantage over its competitors for common and result in a mosaic of dead behavior), Clark’s nutcrackers will cache several reasons (Keane and Parsons trees, live trees, and open sites for those seeds on the burned site, and 2010, p. 57). The Clark’s nutcracker regeneration (Arno 1980, p. 460; Keane regeneration is very likely. However, the serves as the main dispersal agent for P. 2001a, p. 17). In general, historical fire introduction of the disease white pine albicaulis by caching seeds in disturbed return intervals in P. albicaulis blister rust and the current epidemic of sites, such as burns. Fire creates sites communities have been estimated at the predatory mountain pine beetle that are suitable for this seed caching between 50 and 300 years (Arno 1980, (Dendroctonus ponderosae) have behavior and that most importantly p. 461). reduced or effectively eliminated P. contain optimal growing conditions for Beginning in the 1930s, a policy of albicaulis seed sources on a landscape P. albicaulis (Tomback et al. 2001, p. fire suppression was effectively scale (see Factor C, Disease or 13). In addition, Clark’s nutcrackers can implemented by the USFS (Arno 1980, Predation). Although there is variation disperse seeds farther than the wind- p. 460; USFS 2000, p. 1). During the in the degree to which specific stands dispersed seeds of other conifers, 1970s, in recognition of the importance have been impacted, over the range of thereby facilitating P. albicaulis of wildfire to maintenance of healthy P. albicaulis the widespread incidence succession in burned sites over a broad forests, the USFS began a policy shift of poor stand health from disease and geographic area (McCaughey et al. 1985, away from total fire suppression (Cohen predation, coupled with changes in fire Tomback et al. 1990, 1993 in Keane and 2008, p. 21; USFS 2000, p. 1). However, regimes, means that regeneration of P. Parsons 2010, p. 58). Additionally, P. despite this shift, fire suppression is albicaulis following fire is unlikely in albicaulis has thicker bark, a thinner still carried out, most frequently in areas many cases (Tomback et al. 2008, p. 20). crown, and a deeper root system, which where a threat to human health and Fire and Fire Suppression and the allow it to withstand low-intensity fires safety are anticipated, and we expect better than many of its competitors this trend of fire suppression to Interaction of Other Factors (Arno and Hoff 1990 in Keane and continue into the future (Arno 1980, p. Environmental changes resulting from Parsons 2010, p. 58). Historically, fire 460; Cohen 2008, p. 21; Keane 2011a, climate change are expected to has been an important factor in pers. comm.). exacerbate the already observed maintaining healthy stands of P. Fire suppression has had unintended negative effects of fire suppression (i.e., albicaulis on the landscape. negative impacts on Pinus albicaulis forest succession, increased fire Fires in the high-elevation ecosystem populations (Keane 2001a, entire), due intensity) (see the Climate Change of Pinus albicaulis can be of low to this shift from a natural fire regime section below). These environmental

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42637

changes are predicted to increase the presence has been reduced on the on climate change from around the number, intensity, and extent of landscape. Because there is seldom a world. We have found that these wildfires (Aubry et al. 2008, p. 6; Keane historic baseline for comparison and the synthesis reports, as well as the 2001b, p. 175). Already, large increases degree of succession is very locally scientific papers used in those reports or in wildfire have been documented and specific, we are not able to quantify resulting from those reports, represent are particularly pronounced in Northern what portion of the species decline can the best available scientific information Rockies forests, which account for 60 be attributed to fire management and we can use to inform our decision and percent of documented increases in changes in fire regimes. However, we have relied upon them and provided large fires (Westerling et al. 2006, p. consider the current fire regime and fire citations within our analysis. 941, 943). Some of the increase has been management practices to be threats that Direct habitat loss from climate independent of past management limit the abundance of the species and change is anticipated to occur with activities and, thus, appears to be a weaken P. albicaulis communities, such current habitats becoming unsuitable for direct result of warming trends in the that other factors create additional P. albicaulis as temperatures increase last several decades (Westerling et al. negative impacts to the species. and soil moisture availability decreases 2006, p. 943). The effects of changing fire regimes (Hamman and Wang 2006, p. 2783; Fire suppression is also expected to and fire suppression on Pinus Schrag et al. 2007, p. 8; Aitken et al. negatively interact with white pine albicaulis, combined with the 2008, p. 103). Habitat loss is expected blister rust and mountain pine beetle interaction of white pine blister rust and because (1) temperatures become so predation. As forests become more mountain pine beetles, have created warm that they exceed the thermal dense, individual Pinus albicaulis are more homogenous forest stands with tolerance of P. albicaulis and the species more vulnerable to white pine blister reduced numbers of P. albicaulis is unable to survive or (2) warmer rust and infestation by mountain pine compared to historic subalpine temperatures favor other species of beetle (see Factor C, Disease and landscapes. These effects are becoming conifer that currently cannot compete Predation). As mortality from white more pronounced with climate change with P. albicaulis in cold high-elevation pine blister rust and mountain pine (Morgan and Murray 2001, p. 300), habitats. Pinus albicaulis is widely beetle increase, forest succession to creating a trajectory toward forest stands distributed and thus likely has a wide more dense stands of shade-tolerant without P. albicaulis. The species range of tolerance to varying conifers is accelerated (Keane 2011a, appears likely to be in danger of temperatures (Keane 2011c, pers. comm.). extinction, or likely to become so within pers.comm.). Therefore, increasing the foreseeable future, because of habitat competition from other species that can Summary of Impacts of Fire and Fire losses due to changes to the fire regime, not normally persist in current P. Suppression particularly when viewed in albicaulis habitats is possibly the more Fire suppression results in conditions combination with climate change, probable climate-driven mechanism for that favor the dominance of shade- disease, and predation. habitat loss. tolerant species such as Abies Given the anticipated loss of suitable lasiocarpa, Picea engelmannii, and Climate Change habitat, P. albicaulis persistence will Tsuga mertensiana, which form dense The Intergovernmental Panel on likely be dependent on the species’ stands that eventually exclude Pinus Climate Change (IPCC) was established ability to either migrate to new suitable albicaulis (Agee 1993, p. 252; Arno in 1988 by the World Meteorological habitats, or adapt to changing 2001, p. 83). We assume that fire Organization and the United Nations conditions (Aitken et al. 2008, p. 95). suppression efforts that create these Environment Program in response to Historical (paleoecological) evidence impacts will continue to occur into the growing concerns about climate change indicates that plant species have future. Where P. albicaulis persists, and, in particular, the effects of global generally responded to past climate dense forest structure crowds and warming. Although the extent of change through migration, and that stresses individual trees, making them warming likely to occur is not known adaptation to changing climate more susceptible to white pine blister with certainty at this time, the IPCC has conditions is less likely to occur rust, infestation by mountain pine concluded that warming of the climate (Bradshaw and McNeilly 1991, p. 12; beetle, and mortality. Succession to is unequivocal, and that continued Huntley 1991, p. 19). Adaptation to a more shade-tolerant species also results greenhouse gas emissions at or above change in habitat conditions as a result in less P. albicaulis regeneration current rates will cause further warming of a changing climate is even more because P. albicaulis is shade-intolerant, (IPCC 2007, p. 30). Climate change unlikely for P. albicaulis, given its very and seeds will not survive if cached in scenarios estimate that the mean air long generation time of approximately heavily shaded forest stands. The temperature could increase by over 3 °C 60 years (Bradshaw and McNeilly 1991, interaction between fire suppression (5.4 °F) by 2100 (IPCC 2007, p. 46). The p. 10). The rate of latitudinal plant and environmental effects from climate IPCC also projects that there will very migration during past warming and change exacerbates the impacts to P. likely be regional increases in the cooling events is estimated to have been albicaulis, and in the future will be frequency of hot extremes, heat waves, on the order of 100 m (328 ft) per year particularly devastating to P. albicaulis and heavy precipitation (IPCC 2007, p. (Aitken et al. 2008, p. 96). Given the populations as P. albicaulis seed 46), as well as increases in atmospheric current and anticipated rates of global sources are expected to become carbon dioxide (IPCC 2007, p. 36). climate change, migration rates will increasingly limited by continued We recognize that there are scientific potentially need to be substantially impacts from white pine blister rust and differences of opinion on many aspects higher than those measured in historic mountain pine beetle. of climate change, including the role of pollen records to sustain the species The balance of a natural fire regime natural variability in climate. In our over time. A migration rate of at least a with related vegetative successive analysis, we rely primarily on synthesis magnitude higher (1,000 m (3,280 ft)) processes has been disrupted across the documents (e.g., IPCC 2007; Global per year is estimated to be necessary in Pinus albicaulis ecosystem. As a result, Climate Change Impacts in the United order for tree species to be capable of Pinus albicaulis has lost its competitive States 2009) that present the consensus tracking suitable habitats under advantage and trends indicate its view of a very large number of experts projected warming trends (Malcolm et

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42638 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

al. 2002, entire). Latitudinal migration foreseeable future. We recognize, now moved into areas previously rates on this scale may significantly however, that there are many limitations climatically inhospitable for epidemic- exceed the migration abilities of many to such modeling techniques, level mountain pine beetle population plant species, including P. albicaulis specifically for P. albicaulis. For growth (Carroll et al. 2003 in Gibson et (Malcolm et al. 2002, p. 844–845; example, climate envelope models use al. 2008, p. 4; Raffa et al. 2008, p. 503; McKenney et al. 2007, p. 941). current environmental conditions in the Logan et al. 2010, p. 895). Given Pinus albicaulis may have an distribution of the species’ range to ongoing and predicted environmental advantage in its ability to migrate given determine whether similar changes resulting from global climate that its seeds are dispersed by Clark’s environmental conditions will be change, we expect the expansion of nutcracker. As mentioned above, Clark’s available in the future given predicted habitat favorable to mountain pine nutcrackers can disperse seeds farther climate change. Pinus albicaulis, beetle (and mountain pine epidemics) to than the wind-dispersed seeds of other however, is a very long-lived species, continue into the foreseeable future. conifers (McCaughey et al. 1985, and current environmental conditions Summary of Impacts of Climate Change Tomback et al. 1990, 1993 in Keane and may not closely resemble environmental Parsons 2010, p. 58). However, conditions present when the trees Given projected increases in migration of P. albicaulis to the north currently on the landscape were temperature, a significant loss of the may be impeded by the disease white established (Keane 2001c, pers. comm.). cool high-elevation habitats of Pinus pine blister rust, which is currently Additionally, these models also describe albicaulis is expected. Rapid warming is present at the northern range limits of current environmental variables in likely to outpace the ability of P. P. albicaulis (Smith et al. 2008, Figure averages taken over large areas. Pinus albicaulis to migrate to suitable habitats. 1, p. 984; Resler and Tomback 2008, p. albicaulis may experience very different Additionally, adaptation to warming 165). environmental conditions even over a conditions for this long-lived species Pinus albicaulis already is typically small range as individuals can be seems unlikely. Synergistic interactions the first species to establish on cold, separated by thousands of meters between environmental changes exposed high-elevation sites, thus the (Keane 2011c, pers. comm.). resulting from climate change, wildfire, species could potentially migrate higher disease, and mountain pine beetle also in elevation to more suitable habitats. Climate Change and the Interaction of are negatively impacting P. albicaulis Shifts in the optimum elevation for Other Factors rangewide. In particular, mountain pine many high-elevation plant species have In addition to direct habitat loss, beetle epidemics brought about by already been documented under current Pinus albicaulis is expected to increasing temperatures are currently warming trends (Lenoir et al. 2008, p. experience decrease in population size having significant negative impacts on 1770). However, elevational migration from synergistic interactions between P. albicaulis rangewide. The species as a refuge from temperature increase habitat changes as a result of climate appears likely to be in danger of has limits, because eventually, suitable change and other threat factors extinction, or likely to become so within habitat may not be present even on including altered fire regimes, disease, the foreseeable future, because of mountaintops due to continuing and predation. Pinus albicaulis has environmental changes resulting from temperature increases. evolved with fire, and under many climate change that are exacerbating Climate change is expected to conditions, fire is beneficial to the other threats, particularly when viewed significantly decrease the probability of species (see Fire and Fire Suppression in combination with fire suppression, rangewide persistence of Pinus above). However, environmental disease, and predation, that appear to be albicaulis. Projections from an changes resulting from climate change beyond the natural adaptive capabilities empirically based bioclimatic model for are expected to alter fire regimes and tolerances of P. albicaulis. P. albicaulis showed a rangewide resulting in increased fire intervals, Summary of Factor A distribution decline of 70 percent and increased fire severity, and habitat loss an average elevation loss of 333 m (Westerling et al. 2006, p. 943). We analyzed the effects of fire and fire (1,093 ft) for the decade beginning in Pinus albicaulis also evolved with the suppression and climate change as 2030 (Warwell et al. 2007, p. 2). At the predatory native mountain pine beetle related to the present or threatened end of the century, less than 3 percent (Dendroctonus ponderosae). However, destruction, modification, or of currently suitable habitat is expected the life cycle of the mountain pine curtailment of the habitat or range of to remain (Warwell et al. 2007, p. 2). beetle is temperature dependent, and Pinus albicaulis. As identified in our Similarly, climate envelope modeling warming trends have resulted in analysis above, fire historically played on P. albicaulis distribution in British unprecedented mountain pine beetle an integral role in maintaining healthy Columbia estimated a potential decrease epidemics throughout the range of P. stands of P. albicaulis on the landscape. of 70 percent of currently suitable albicaulis (the interaction of mountain As a result of past and present fire habitat by the year 2055 (Hamman and pine beetle and P. albicaulis is suppression, forest stands where P. Wang 2006, p. 2783). The area occupied discussed further below under Factor C, albicaulis were once prominent have by P. albicaulis in the Greater Predation) (Logan et al. 2003, p. 130; become dense stands of shade-tolerant Yellowstone Ecosystem also is predicted Logan et al. 2010, p. 896). At epidemic conifers. This change in forest to be significantly reduced with levels, mountain pine beetle outbreaks composition and structure combined increasing temperature under various become stand-replacing events killing with the exacerbating environmental climate change scenarios (Schrag et al. 80 to 95 percent of suitable host trees, effects resulting from climate change, 2007, p. 6). Pinus albicaulis is predicted and in many parts of the P. albicaulis has resulted in an increase in the to be nearly extirpated under a scenario range, those levels of mortality have severity, intensity, and frequency of of warming only and warming with a already been reached (Gibson et al. wildfires. We expect that changing fire concomitant increase in precipitation 2008, p. 10). Even populations of P. regimes and fire suppression efforts that (Schrag et al. 2007, p. 7). albicaulis once considered mostly create these impacts will continue to The above studies all suggest that the immune to mountain pine beetle affect the species into the foreseeable area currently occupied by P. albicaulis epidemics are now being severely future. Pinus albicaulis can regenerate, will be severely reduced in the impacted; mountain pine beetles have even following stand-replacing burns, if

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42639

a seed source is available. However, Factor B. Overutilization for western North America in 1910 near widespread predation and disease Commercial, Recreational, Scientific, or Vancouver, British Columbia currently impacting P. albicaulis are Educational Purposes (McDonald and Hoff 2001, p. 198). White pine blister rust initially spread limiting available seed sources, Commercial Harvest reducing the probability of regeneration rapidly through maritime and montane following increasing wildfire episodes, Pinus albicaulis is not targeted for environments, which have and increasing the rate of forest commercial timber production in any environmental conditions more succession. part of its range (Arno and Hoff 1989, conducive to spread of infection, but p. 5; COSEWIC 2010, p. 12; Keane et al. over several decades, it spread through The pace of predicted effect of climate 2010, p. 30). At lower elevations where continental and alpine environments change will outpace many plant species’ P. albicaulis occurs with species of throughout western North America ability to respond to the concomitant commercial interest, some incidental (Geils et al. 2010, p. 163). White pine habitat changes. Pinus albicaulis is harvest of P. albicaulis does take place. blister rust’s rate and intensity of spread potentially particularly vulnerable to The average yearly estimated harvest of is influenced by microclimate and other warming temperatures because it is P. albicaulis in the United States is less factors (described below). Therefore, the adapted to cool, high-elevation habitats. than 405 ha (1,000 ac) (Losensky 1990 incidence of white pine blister rust at Therefore, current and anticipated in Keane et al. 2010, p. 30). We have no stand, landscape, and regional scales warming is expected to make its current information to indicate that harvest is a varies due to time since introduction habitat unsuitable for P. albicaulis. The significant threat to the species or is and environmental suitability for its rate of migration needed to respond to contributing to the rangewide decline, development. It continues to spread into predicted environmental effects of or decline in any portion of the range of areas originally considered less suitable climate change will be significant P. albicaulis. for persistence, and it has become a (Malcolm et al. 2002, p. 844–845; Recreational Use serious threat, causing severe McKenney et al. 2007, p. 941). Whether population losses to several species of P. albicaulis is capable of migrating at Pinus albicaulis stands are subject to western pines, including Pinus a pace sufficient to move to areas that a variety of nonconsumptive albicaulis, P. monticola (western white may be more favorable to survival under recreational activities including hiking pine), and P. lambertiana Dougl. (sugar future habitat conditions is not known. and camping. These activities have the pine) (Schwandt et al. 2010, pp. 226– Moreover, the degree to which Clark’s potential to cause negative impacts in 230). Its current known geographic nutcracker could facilitate this localized areas through degradation of distribution in western North America habitat in areas experiencing overuse. migration is also not known. In includes all U.S. States (except Utah, as However, we have no information to addition, the presence of significant well as the Great Basin Desert) and indicate that recreational use is a threat white pine blister rust infection in the British Columbia and Alberta, Canada to P. albicaulis. northern range of P. albicaulis could (Tomback and Achuff 2010, pp. 187, serve as a barrier to effective northward Scientific and Educational Use 206). migration. P. albicaulis survives at high Pinus albicaulis is the subject of many The white pine blister rust fungus has altitudes already, so there is little scientific research studies. Currently, a complex life cycle: It does not spread remaining habitat for the species to there is significant interest in collecting directly from one tree to another, but migrate to higher elevations in response seed cones from individuals identified alternates between living primary hosts to warmer temperatures. Adaptation in as being resistant to white pine blister (i.e., 5-needle pines) and alternate hosts. response to a rapidly warming climate rust. Given the relatively low number of Alternate hosts in western North also is unlikely as P. albicaulis is a long- seeds being collected, it is highly America are typically woody shrubs in lived species. Climate models suggest unlikely that seed removal is the genus Ribes (gooseberries and that climate change is expected to act contributing to P. albicaulis declines. currants) but also may include directly to significantly decrease the We have no information to indicate that herbaceous species of the genus probability of rangewide persistence in P. albicaulis is being used Pedicularis (lousewort) and the genus P. albicaulis within the next 100 years. consumptively for educational Castilleja (paintbrush) (McDonald and This time interval is less than two purposes. Therefore, the best available Hoff 2001, p. 193; McDonald et al. 2006, generations for this long-lived species. scientific information does not indicate p. 73). Ribes is widespread in North In addition, projected environmental that scientific and educational uses are America and, while most species are changes resulting from climate change a significant threat to P. albicaulis. susceptible to white pine blister rust are a significant threat to P. albicaulis, infection, they vary in their Summary of Factor B because the impacts of these susceptibility and capability to support innoculum (spores) that are infective to environmental effects interact with We conclude that the best scientific white pines, depending on factors such other stressors such as mountain pine and commercial information available as habitat, topographic location, timing, beetle epidemics and wildfire, resulting indicates that overutilization for and environment (Zambino 2010, pp. in habitat loss and population decline. commercial, recreational, scientific, or educational purposes is not a threat to 265–268). A wide-scale Federal program On the basis of a review of the best Pinus albicaulis. to eradicate Ribes from the landscape scientific and commercial information was conducted from the 1920s to the available concerning present threats to Factor C. Disease or Predation 1960s. However, due to the abundance Pinus albicaulis habitat, their Disease of Ribes shrubs, longevity of Ribes seed synergistic effects, and their likely in the soil, and other factors, white pine continuation in the future, we conclude White Pine Blister Rust blister rust continued to spread, and that the present or threatened White pine blister rust is a disease of pathologists realized that eradication destruction, modification, or 5-needled pines caused by a nonnative was ineffective in controlling white pine curtailment of its habitat or range is a fungus, Cronartium ribicola (Geils et al. blister rust. White pine blister rust is threat to P. albicaulis. 2010, p. 153). It was introduced into now pervasive in high-altitude 5-

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42640 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

needled pines within most of the 2007, p. 1049). Similar to a total loss of Keane 2001, p. 223). Due to current western United States (McDonald and cone production, even when cone climate conditions in western North Hoff 2001, p. 201). production is low there could be a loss America, white pine blister rust now White pine blister rust progresses of regeneration for two reasons: (1) infects Pinus albicaulis populations through five spore stages to complete Clark’s nutcrackers abandon sites with throughout all of its range except for the each generation: Two spore stages occur low seed production; and (2) the interior Great Basin (Nevada and on white pine (Pinus spp.), and three proportion of seeds taken by predators adjacent areas) (Tomback and Achuff stages occur on an alternate host. The becomes so high that no seeds remain 2010, Figure 1a, p. 187). However, the five fungal spore stages require specific for regeneration (COSEWIC 2010, p. 25). small uninfected area in the Great Basin temperature and moisture conditions for Each year that an infected tree lives, accounts for only 0.4 percent of P. production, germination, and the white pine blister rust infecting it albicaulis distribution in the United dissemination. The spreading of spores continues to produce spores, thereby States. The incidence of white pine depends on the distribution of hosts, the perpetuating and intensifying the blister rust is highest in the Rocky microclimate, and the different disease. A wave, or massive spreading, Mountains of northwestern Montana genotypes of white pine blister rust and of new blister rust infections into new and northern Idaho, the Olympic and hosts (McDonald and Hoff 2001, pp. areas or intensification from a western Cascade Ranges of the United 193, 202). Local meteorological cumulative buildup in already-infected States, the southern Canadian Rocky conditions also may be important stands occurs where Ribes shrubs are Mountains, and British Columbia’s factors in infection success, infection abundant and when summer weather is Coastal Mountains (Schwandt et al. periodicity, and disease intensity (Jacobi favorable to spore production and 2010, p. 228; Tomback et al. 2001, p. et al. 2010, p. 41). dispersal. Spores can be produced on 15). On white pines, spores enter through pines for many years, and appropriate White Pine Blister Rust Infection Rates openings in the needle surface, or conditions need to occur only stomates, and move into the twigs, occasionally for white pine blister rust Researchers have used various branches, and tree trunk, causing to spread and intensify (Zambino 2010, sampling methods to assess the effects swelling and cankers to form. White p. 265). The frequency of wave years of white pine blister rust on Pinus pine blister rust attacks seedlings and depends on various factors, including albicaulis and the amounts of infection mature trees, initially damaging upper elevation, geographical region, present; therefore, exact comparisons canopy and cone-bearing branches and topography, wind patterns, temperature, between studies are not possible. While restricting nutrient flows; it eventually and genetic variation in the rust white pine blister rust occurs girdles branches and trunks, leading to (Kendall and Keane 2001, pp. 222–223). throughout almost all of P. albicaulis’ the death of branches or the entire tree Because its abundance is influenced range, not all trees are infected and (Tomback et al. 2001, p. 15, McDonald by weather and host populations, white infection rates vary widely. and Hoff 2001, p. 195). White pine pine blister rust also is affected by Furthermore, it can be difficult to detect blister rust can kill small trees within 3 climate change. If conditions become white pine blister rust, especially if years, and even one canker can be moister, white pine blister rust will cankers occur on gnarled canopy lethal. While some infected mature trees likely increase; conversely, where branches where infections may remain can continue to live for decades, their conditions become both warmer and undetected (Rochefort 2008, p. 294). cone-bearing branches typically die, drier, it may decrease. Because infection However, despite slight differences in thereby eliminating the seed source is usually through stomates, whatever sampling methods general trends can be required for reproduction (Geils et al. affects the stomates affects infection identified from the published literature 2010, p. 156). In addition, the inner rates (Kliejunas et al. 2009, pp. 19–20). (Schwandt et al. 2010, p. 228). Trends sapwood moisture decreases, making Stomates close in drought conditions strongly indicate that white pine blister trees prone to desiccation and and open more readily in moist rust infections have increased in secondary attacks by (Six and conditions. intensity over time and are now Adams 2007, p. 351). Death to upper In general, weather conditions prevalent even in trees living in cold, branches results in lower or no cone favorable to the intensification of white dry areas originally considered less production and a reduced likelihood pine blister rust occur more often in susceptible (Tomback and Resler 2007, that seed will be dispersed by Clark’s climates with coastal influences than in p. 399), such as the Greater Yellowstone nutcrackers (McKinney and Tomback dry continental climates (Kendall and Ecosystem (Table 2).

TABLE 2—PERCENTAGE OF LIVE TREES WITH BLISTER RUST INFECTION ON PLOTS/TRANSECTS FROM RECENT SURVEYS [Adapted from Schwandt 2006, Table 1, p. 5]

Range of Geographic region—number of reports [reference] infection Mean (%) (%)

British Columbia (rangewide) [Campbell and Antos 2000] ...... 0–100 50.0 British Columbia (rangewide) [Zeglen 2002] ...... 11–52.5 38.0 Northern Rocky Mountains (United States and Canada) [Smith et al. 2006] ...... 0–100 43.6 Selkirk Mountains, northern Idaho—5 stands [Kegley et al. 2004] ...... 57–81 70.0 Colville National Forest, northeast Washington—2 reports [Ward et al. 2006] ...... 23–44 41.4 Greater Yellowstone Ecosystem [2005] ...... 0–100 25.0 Intermountain West (Idaho, Nevada, Wyoming, California) [Smith and Hoffman 2000] ...... 0–100 35.0 Blue Mountains, northeast Oregon [Ward et al. 2006] ...... 0–100 64.0 Coast Range, Olympic Mountains, Washington—2 reports [Ward et al. 2006) ...... 4–49 19.0 Western Cascades, Washington and Oregon—6 reports (Ward et al. 2006] ...... 0–100 32.3 Eastern Cascades, Washington and Oregon—13 reports [Ward et al. 2006] ...... 0–90 32.3 Coastal Mountains, southwest Oregon [Goheen et al. 2002] ...... 0–100 52.0

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42641

TABLE 2—PERCENTAGE OF LIVE TREES WITH BLISTER RUST INFECTION ON PLOTS/TRANSECTS FROM RECENT SURVEYS—Continued [Adapted from Schwandt 2006, Table 1, p. 5]

Range of Geographic region—number of reports [reference] infection Mean (%) (%)

California, Statewide [Maloney and Dunlap 2006] ...... 0–71 11.7

While numerous studies have Genetic Investigations of White Pine 2010, p. 316), rust genotypes with reported the incidence of white pine Blister Rust Resistance and Virulence specific virulence to major resistance blister rust on Pinus albicaulis and Genetic research and development on genes currently exist in some local subsequent mortality, few have reported white pine blister rust resistance may populations at high frequencies on rates of change. The Greater offer the best long-term prospect for (Kinloch, Jr. 2003, p. 1044). The Yellowstone Whitebark Pine Monitoring control (Kinloch, Jr. 2003, p. 1045); reintroduction of white pine blister rust Working Group’s monitoring results however, understanding the dynamics from goods imported from abroad also from resurveys conducted in 2008–2009 of resistance to white pine blister rust, poses a serious danger to genetic indicated an average of 32.4 percent of as well as its virulence and evolution, selection and breeding programs. In live trees had blister rust, a 12.4 percent is incomplete (Schwandt et al. 2010, p. Asia, white pine blister rust exists with increase from their overall 2007 baseline 241; Richardson et al. 2010, p. 321). In different alternate host affinities and estimate of 20 percent (Greater Pinus albicaulis, some rust resistance also may contain additional genes with Yellowstone Whitebark Pine Monitoring has been documented on the landscape wider virulence (Kinloch, Jr. 2003, pp. Working Group 2010, p. 67). and in seeds, suggesting some level of 1044, 1046). heritable resistance (Hoff et al. 2001, p. Additional information on trends has Management and Restoration Efforts 350; Mahalovich et al. 2006, p. 95). A been reported for Canada. In the limited number of P. albicaulis rust- Most current management and Canadian Rockies, stands surveyed in resistance trials, in which seedlings are 2003 and 2004 had an overall infection research focuses on producing white grown from rust-resistant seeds under pines with inherited resistance to white level of 42 percent and 18 percent varying conditions, have produced mortality. These were remeasured in pine blister rust, but also includes progeny seedlings with a range of natural regeneration and silvicultural 2009 and found to have increased to 52 resistance levels from 0 percent treatments, such as appropriate site percent infection and 28 percent resistance in some areas to more than 40 selection and preparation, pruning, and mortality (Smith et al. 2010, p. 67). percent resistance in other areas thinning (Zeglen et al. 2010, p. 347). Infection and mortality from white pine (Sniezko 2011, pers. comm.). In the While genetic management of white blister rust were present in all stands, northwestern United States, where pine blister rust is actively conducted with the highest levels occurring in the white pine blister rust has infected trees for several 5-needled white pine species southern portions of the study area. The for as long as 60 years or more, P. breeding programs, including the USFS’ high mortality and infection levels, high albicaulis rust-resistance trial results resistance screening programs for P. crown kill, and reduced regeneration have indicated a trend of increasing albicaulis, these investigations are only potential in the southern portion of their resistance levels from southern Oregon preliminary (King et al. 2010, p. 293). study area suggests that long-term north to Mount Rainier in Washington High-elevation pines such as P. persistence of P. albicaulis is unlikely (Sniezko 2011, pers. comm.). Despite albicaulis also present management (Smith et al. 2008, p. 982). some encouraging results in limited trials, efforts are in early stages. Further, challenges to restoration due to Pinus albicaulis infected with white effective rust-resistance breeding remoteness, difficulty of access, and pine blister rust has increased in all programs to develop P. albicaulis trees conflicting wilderness values regions of the Canadian Rockies, where for planting will likely take decades (wilderness values are discussed in it ranged from 7 to 70 percent in 2003– (Hoff et al. 2001, p. 359), and their more detail under Factor D) (Schwandt 2004 to 13 to 83 percent in 2009. outcomes are uncertain. et al. 2010, p. 242). Furthermore, the Further, based on current mortality Even if genetic resistance is identified vast scale at which planting rust- rates, the estimated P. albicaulis in Pinus albicaulis, hybridization resistant trees would need to occur will population decline within 100 years is between different white pine blister rust make it challenging to restore P. 78 percent in the Canadian Rockies, 97 populations or mutations within albicaulis throughout its range. For percent in Waterton Lakes National populations could result in genetic example, approximately 5 percent of the Park, and 57 percent for all of Canada variation in virulence, creating a new historical distribution of the commercial (COSEWIC 2010, p. viii and Table 4, p. assortment of genes and behaviors species Pinus monticola (western white 19). Pinus albicaulis was designated in (McDonald and Hoff 2001, p. 210). The pine) was planted with resistance- April 2010 as endangered in Canada due potential for development of new white improved stock between 1976 and 1996; to the high risk of extirpation. Based on pine blister rust strains between eastern however, the rates of planting have these studies showing rates of change in and western North America with greater declined since then, and given current the United States and Canada as well as virulence, fitness, and aggressiveness is rates of planting, 60 years would now be the plethora of infection percentage currently unknown (Schwandt et al. required to plant an additional 5 percent data, we conclude that the trend of 2010, p. 241). While North American (Schwandt et al. 2010, pp. 241–242). white pine blister rust infection is populations of white pine blister rust Therefore, current planting efforts increasing rangewide. have low genetic diversity and appear to be insufficient to restore P. differentiation overall (Richardson et al. albicaulis throughout its range.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42642 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

Model Predictions small (Schwandt et al. 2010, p. 235). facilitates a 1-year life cycle (Amman et Several models have been developed While P. albicaulis trees will continue al. 1997, p. 4; Gibson et al. 2008, p. 3). Beetle activity in the phloem to predict residence times of white pine to persist on the landscape, P. albicaulis mechanically girdles the host tree, blister rust infection and long-term forests may become functionally extinct disrupting nutrient and water transport persistence of Pinus albicaulis. Ettl and (Keane 2011b, pers. comm.). Where and ultimately killing the host tree. Cottone (2004, pp. 36–47) developed a additional threats occur, the pattern of Additionally, mountain pine beetles spatial stage-based model to examine P. forest renewal may be disrupted, carry on their mouthparts symbiotic albicaulis persistence in the presence of leading to severe declines and potential blue-stain fungi, which are introduced heavy white pine blister rust infections extirpation of P. albicaulis (Larson 2009, into the host tree. These fungi also in Mt. Rainier National Park. They pp. 45–46). Therefore, we believe that inhibit water transport and further assist predicted median time to quasi white pine blister rust is a significant threat to P. albicaulis. in killing the host tree (Raffa and extinction (population of less than 100 Berryman 1987, p. 239; Keane et al. individuals) is 148 years, which Predation (Herbivory) 2010, p. 34). represents approximately two to three Predation Mountain pine beetles are considered generations of P. albicaulis. The most an important component of natural Pinus albicaulis trees are fed upon by recent modeling effort by Hatala et al. forest disturbance (Raffa et al. 2008, p. a variety of insects; however, none has (in press) is the first known study of the 502; Bentz et al. 2010, p. 602). At had a more widespread impact than the rate of blister rust progression and endemic or ‘natural’ levels, mountain native mountain pine beetle residence time in P. albicaulis. Their pine beetle remove relatively small (Dendroctonus ponderosae Hopkins). analysis compares four possible white areas of trees, changing stand structure pine blister rust dynamic infection The mountain pine beetle is recognized and species composition in localized models in P. albicaulis at the ecosystem as one of the principal sources of P. areas. However, when conditions are scale (Greater Yellowstone Ecosystem) albicaulis mortality (Raffa and favorable, mountain pine beetle and predicts that on average, P. Berryman 1987, p. 234; Arno and Hoff populations can erupt to epidemic albicaulis trees live with white pine 1989, p. 7). Mountain pine beetles are levels and create stand-replacing events blister rust infection for approximately true predators on P. albicaulis and other that kill 80 to 95 percent of suitable host 20 years before succumbing to the western conifers because, to trees (Keane et al. 2010, p. 34). Such disease. Their model also predicts that, successfully reproduce, the beetles must outbreaks are episodic, can have a within all their study sites, an average kill host trees (Logan and Powell 2001, magnitude of impact on the structure of of 90 percent of the trees will be p. 162; Logan et al. 2010, p. 895). Upon western forests greater than wildfire (the infected with white pine blister rust by locating a suitable host (i.e., large- other major component of natural forest the year 2013, while two other models diameter tree with greater resources for disturbance), and are often the primary calculated a 90 percent infection level brood production success), adult female renewal source for mature stands of within sites by the years 2026 and 2033. mountain pine beetles emit pheromones western pines (Hicke et al. 2006, p. 1). These results predict white pine blister that attract adult males and other adult Mountain pine beetle outbreaks rust will continue to spread within P. females to the host tree. This attractant typically subside only when suitable albicaulis in 10–20 years to a level pheromone initiates a synchronized host trees are exhausted or temperatures where almost all trees will be impacted. mass attack for the purpose of are sufficiently low to kill larvae and Based on these modeling results, we overcoming the host tree’s defenses to adults (Gibson et al. 2008, p. 2). conclude that, in addition to white pine mountain pine beetle predation. Once a The range of mountain pine beetle blister rust occurring across almost the tree has been fully colonized, the beetles completely overlaps with the range of entire range of P. albicaulis, individual produce an anti-aggregation pheromone Pinus albicaulis, and mountain pine sites with white pine blister rust that signals to incoming beetles to pass beetle epidemics affecting P. albicaulis infection will continue to increase and on to nearby unoccupied trees. Almost have occurred throughout recorded intensify, ultimately resulting in stands all host trees, even stressed individuals, history (Keane et al. 2010, p. 34). Recent that are no longer viable and potentially will mount a chemical defense against outbreaks occurred in the 1930s, 1940s, facing extirpation. these mass attacks. However, given a and 1970s, and numerous ‘ghost forests’ sufficient number of beetles, even a of dead P. albicaulis still dot the Summary of White Pine Blister Rust healthy tree’s defensive mechanisms landscape as a result (Arno and Hoff Despite white pine blister rust’s can be exhausted (Raffa and Berryman 1989, p. 7; Ward et al. 2006, p. 8). complex life cycle and the exacting 1987, p. 239). Following the Despite recorded historical impacts to environmental conditions required for pheromone-mediated mass attack, male the species, Pinus albicaulis has not reproduction and transmission, it has and female mountain pine beetles mate been considered an important host of successfully spread across almost the in the phloem (living vascular tissue) mountain pine beetle in the past. Unlike entire range of Pinus albicaulis, and its under the bark of the host tree. Females the lower elevation sites occupied by frequency of occurrence and intensity of subsequently excavate vertical galleries mountain pine beetle’s primary hosts P. infection are increasing. Although some where they lay eggs. Larvae hatched contorta Douglas (lodgepole pine) and P. albicaulis regeneration has been from these eggs feed on the phloem, P. ponderosae (ponderosa pine), the documented in portions of its range, the pupate, and emerge as adults to initiate high-elevation sites occupied by P. change in overall P. albicaulis new mass attacks of nearby suitable albicaulis typically have been population structure will reduce the trees (Gibson et al. 2008, p. 3). Mountain climatically inhospitable to mountain number of large trees, expose surviving pine beetle development is directly pine beetle (Logan and Powell 2001, p. trees to higher white pine blister rust controlled by temperature. The entire 161). At the low temperatures typical of infection levels, and reduce the number mountain pine beetle life cycle (from high-elevation sites, mountain pine of mature, cone-producing trees. The egg to adult) can take between 1 and 2 beetle mostly experience a 2-year life likelihood of sustaining P. albicaulis in years depending on ambient cycle, which is not favorable to suitable habitats is further diminished temperatures. Warmer temperatures epidemic outbreaks (i.e., eruptive in locations where populations are promote a more rapid development that population growth). Warmer

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42643

temperatures promote a 1-year life pine epidemics) to continue into the in other ways that threaten P. albicaulis cycle, which facilitates the foreseeable future. regeneration and persistence. Mountain synchronized mass attacks important in Current management and research pine beetles preferentially target large overcoming host tree defenses (Logan continue to explore methods to control mature trees. As a result, large trees are and Powell 2001, p. 167). mountain pine beetle mainly with the removed from populations, leaving However, unlike previous epidemics, use of the pesticide Carbaryl and the smaller trees for regeneration in a less the current mountain pine beetle anti-aggregation pheromone called competitive environment. outbreak is having an increasingly Verbenone. Both methods can be Unfortunately, white pine blister rust is significant impact on Pinus albicaulis effective for limited time periods (Progar not selective and infects all age and size (Logan et al. 2003, p. 130; Logan et al. 2007, p. 108). However, use of either classes of P. albicaulis. Thus, in the 2010, p. 896). The reported mortality control method may be prohibitively current environment that contains rates of mostly mature trees (i.e., large- expensive and challenging given the epidemic levels of mountain pine beetle diameter trees) can be as high as 96 scale of mountain pine beetle outbreaks and a nearly ubiquitous presence of percent (Gibson et al. 2008, p. 9). In (i.e., millions of acres) and the white pine blister rust, P. albicaulis that 2007 alone, P. albicaulis trees on almost inaccessibility of much of P. albicaulis have escaped mountain pine beetle 202,342 ha (500,000 ac) were killed. At habitat. Currently these methods are mortality are still susceptible to white the time this was the highest recorded mostly being suggested for use in pine blister rust, and the possibility of mountain pine beetle mortality ever targeted protection of high-value trees regeneration following mountain pine reported for P. albicaulis (Gibson et al. (e.g. individuals resistant to white pine beetle epidemics is jeopardized. 2008, p. 2). The number of acres with blister rust, stands in recreational areas) Conversely, the small percentage of P. mountain pine beetle-killed P. rather than as a large-scale restoration albicaulis individuals that are albicaulis trees continues to increase tool (Keane et al. 2010, p. 94). genetically resistant to white pine significantly rangewide, and in 2009 P. Therefore, these control methods are not blister rust, and thus critical to species albicaulis trees on an estimated 809,371 currently sufficient to protect the persistence, are still vulnerable to ha (2,000,000 ac) were killed (Service species as a whole from mountain pine mountain pine beetle attack. 2010). beetle predation. White pine blister rust and mountain pine beetle further impact the Trends of environmental effects from Summary of Predation probability of P. albicaulis regeneration climate change have provided the Mountain pine beetle outbreaks are because both act to severely decrease favorable conditions necessary for the becoming more common throughout the seed cone production. White pine current, unprecedented mountain pine range of the whitebark pine and are blister rust does this by killing cone- beetle epidemic in high-elevation having increasingly significant impacts bearing branches, such that even if the communities across the western United on Pinus albicaulis. In some locations, tree itself remains alive for some time, States and Canada (Logan and Powell mortality rates are as high as 96 percent. seed production is compromised. 2001, p. 167; Logan et al. 2003, p. 130; There are no known ways to stop a Mountain pine beetles decrease seed Raffa et al. 2008, p. 511). Warming mountain pine beetle epidemic once it production by targeting and killing trends have resulted in not only has started (Raffa et al. 2008, p. 514). larger trees, which are the main trees intensified mountain pine beetle Mountain pine beetle epidemics that bear cones. A severe reduction in activity in high-elevation Pinus typically subside when the availability seed production has the potential to albicaulis forests, but have resulted in of suitable hosts is exhausted. In a limit the effectiveness of the masting mountain pine beetle range expansion worst-case scenario, there could be 95 strategy employed by P. albicaulis (see into more northern latitudes and higher percent mortality of mostly cone-bearing Taxonomy and Life History), such that elevations (Logan and Powell 2003, p. (i.e., reproductive) adults by the time the proportion of seeds taken by seed 131; Carroll et al. 2003 in Gibson et al. the current epidemic collapses (Keane et predators will eventually become too 2008, p. 4; Raffa et al. 2008, p. 503; al. 2010, p. 35). Therefore, we expect high to allow regeneration. Logan et al. 2010, p. 895). Winter the ongoing epidemic to continue to Additionally, severe seed reduction temperatures are now warm enough for intensify and expand in the future. disrupts the relationship between P. winter survival for all mountain pine Additionally, we expect ongoing and albicaulis and Clark’s nutcracker. beetle life stages and for maintenance of predicted environmental effects from Clark’s nutcrackers eventually abandon the 1-year life cycle that promotes climate change (see Factor A, Climate P. albicaulis stands when seed epidemic mountain pine beetle Change) to create more favorable production is too low (McKinney et al. population levels (Bentz and Schen- conditions for mountain pine beetle 2009, p. 599). Langenheim 2007, p. 47; Logan et al. outbreaks to persist in P. albicaulis Limited research has focused on 2010, p. 896). Along with warmer habitats into the foreseeable future. detecting amounts of Pinus albicaulis winter conditions, summers have been regeneration. Most remaining high- drier, with droughts occurring through Synergistic Interactions Between elevation P. albicaulis stands in the U.S. much of the range of P. albicaulis (Bentz Disease and Predation Intermountain West that are climax et al. 2010, p. 605). Mountain pine White pine blister rust and mountain communities have little regeneration beetles frequently target drought- pine beetle act both individually and (Kendall and Keane 2001b, p. 228). In stressed trees, which are more synergistically to threaten Pinus contrast, new and advanced P. vulnerable to attack as they are less able albicaulis rangewide. Mountain pine albicaulis regeneration was documented to mount an effective defense against beetle will preferentially attack P. on the majority of plots in southwestern even less dense mass attacks by albicaulis infected with, and weakened Montana and eastern Oregon, indicating mountain pine beetles (Bentz et al. by, white pine blister rust (Six and that the Wallowa and Pioneer 2010, p. 605). Given ongoing and Adams 2007, p. 351). This preference Mountains sites seem to be more predicted environmental effects from results in increased susceptibility of P. vigorous and to be regenerating better climate change, we expect the albicaulis to mountain pine beetle- than sites farther north in the Rockies expansion of habitat favorable to caused mortality. Mountain pine beetles (Larson 2007, pp. 16–18). However, mountain pine beetle (and mountain and white pine blister rust also interact there is much P. albicaulis site

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42644 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

variability and the regeneration on some Factor D. The Inadequacy of Existing Consequently, Federal agencies are of these sites was preceded by a Regulatory Mechanisms engaged in ongoing discussions particularly large cone crop in 2006. In In determining whether the regarding whether restoration of P. addition, as seedlings grow, their inadequacy of existing regulatory albicaulis in wilderness areas is increased foliage surface area becomes a mechanisms constitutes a threat to appropriate, and if so, what types of larger target for infection by white pine Pinus albicaulis, we focused our actions would be allowed. Taking action blister rust spores (Tomback et al. 1995, analysis on existing Federal, State, and on P. albicaulis restoration in p. 662). Therefore, despite observed Canadian laws and regulations that wilderness areas could compromise the regeneration, the level of effective apply to P. albicaulis habitats and could ‘‘untrammeled’’ value of wilderness, but regeneration (i.e., seedlings that actually potentially address the four main threats not taking action may compromise the reach a reproductive age) is to the species—the loss of habitat from ‘‘naturalness’’ value of wilderness by questionable given the high incidence of fire suppression and the environmental allowing the extirpation of a keystone white pine blister rust currently on the effects of climate change under Factor A species. If restoration actions are not landscape. We conclude that P. and mortality from white pine blister restricted under the Wilderness Act, albicaulis regeneration will generally be rust and mountain pine beetle under they would likely be limited (Reinhart less successful in the future than it has Factor C. Regulatory mechanisms may 2011, pers. comm.). To date, limited been in the past. preclude the need for listing if such surveys and monitoring of P. albicaulis mechanisms are judged to adequately trees and cone collecting for seeds have Summary of Factor C address the threat(s) to the species such occurred in wilderness areas (Schwandt that listing is not warranted. Conversely, 2011, pers. comm.). While the Disease in the form of white pine threats on the landscape are exacerbated Wilderness Act may allow for some blister rust and predation from when not addressed by existing restoration actions, it does not directly mountain pine beetle are contributing, regulatory mechanisms, or when the address or alleviate the threats of individually and in combination, to the existing mechanisms are inadequate (or environmental effects resulting from decline of Pinus albicaulis rangewide. not adequately implemented or climate change, white pine blister rust, White pine blister rust is now enforced). mountain pine beetle, or fire ubiquitous on the landscape; millions of Federal Laws and Regulations suppression. The Wilderness Act does acres (hectares) of P. albicaulis have influence some fire management been infected, and that number is More than 96 percent of the actions, which are described under increasing yearly. Due to the warmer distribution of Pinus albicaulis in the Federal Wildland Fire Management temperatures and drier conditions contiguous United States is federally Policies, Plans, and Guides below. brought on by climate change within the owned or managed (Service 2011, p. 1), range of P. albicaulis, mountain pine 34 percent of which is designated as National Environmental Policy Act of beetle epidemics now occur at wilderness. 1970 unprecedented levels, causing mortality The Wilderness Act of 1964 All Federal agencies are required to in millions of acres (hectares) of P. The USFS and other Federal agencies adhere to the National Environmental albicaulis, much of which was Policy Act (NEPA) of 1970 (42 U.S.C. previously thought to be mostly manage lands designated as wilderness areas under the Wilderness Act of 1964 4321 et seq.) for projects they fund, climatically immune from large-scale (16 U.S.C. 1131–1136). Within these authorize, or carry out. The Council on mountain pine beetle attacks. areas, the Wilderness Act states the Environmental Quality’s regulations for Additionally, the interaction between following: (1) New or temporary roads implementing NEPA (40 CFR 1500– white pine blister rust and the mountain cannot be built; (2) there can be no use 1518) state that agencies shall include a pine beetle further intensifies the of motor vehicles, motorized equipment, discussion on the environmental impact of both threats. White pine or motorboats; (3) there can be no impacts of the various project blister rust and mountain pine beetle are landing of aircrafts; (4) there can be no alternatives (including the proposed impacting P. albicaulis equally in both form of mechanical transport; and (5) no action), any adverse environmental Canada and the U.S. portion of the structure or installation may be built. effects that cannot be avoided, and any range. In other words, there is currently Considerable amounts of Pinus irreversible or irretrievable no refuge from these threats (COSEWIC albicaulis occur within wilderness areas commitments of resources involved (40 2010, p. viii). managed by the USFS and NPS (31 CFR 1502). Additionally, activities on There is no known way to control or percent and 2.5 percent of the total non-Federal lands are subject to NEPA reduce or eliminate either threat at this United States distribution, respectively) if there is a Federal nexus. Since NEPA is a disclosure law, it does not require time, particularly at the landscape scale (Service 2011, p. 1) and, therefore, are subsequent minimization or mitigation needed to effectively conserve this afforded protection from direct loss or measures by the Federal agency species. Thus, we expect both disease degradation by some human activities involved. Although Federal agencies and predation to continue to heavily (e.g., commercial timber harvest, road construction, some fire management may include conservation measures for impact Pinus albicaulis. On the basis of actions). Pinus albicaulis as a result of the NEPA a review of the best scientific and Conversely, the regulations covering process, any such measures are typically commercial information available wilderness areas on Federal lands also voluntary in nature and are not required concerning present threats to P. may impede or restrict potential by the statute. As NEPA does not albicaulis from white pine blister rust activities necessary for restoring P. provide any regulatory mechanisms, it and mountain pine beetle, their albicaulis (Aubry 2011, pers. comm.; does not directly address or alleviate the synergistic effects, and their likely Reinhart 2010, pers. comm.). Currently, threats of the environmental effects continuation in the future, we conclude there are inconsistent policy resulting from climate change, white that disease and predation is a threat to interpretations across wilderness areas pine blister rust, mountain pine beetle, P. albicaulis. (Schwandt 2011, pers. comm.). or fire suppression.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42645

National Forest Management Act of unimpaired for the enjoyment of future requirements on any industry or other 1976 generations.’’ Where Pinus albicaulis entities, but is a prerequisite for any Under the National Forest occurs in National Parks, the NPS future regulations developed by the Management Act (NFMA) of 1976, as Organic Act directs the NPS to address EPA. At this time, it is not known what amended, (16 U.S.C. 1600–1614), the P. albicaulis and its health. As such, the regulatory mechanisms will be USFS manages National Forest lands NPS has made considerable efforts to developed in the future as an outgrowth based on multiple-use, sustained-yield survey and monitor P. albicaulis stands of EPA’s finding or how effective they principles, and implement resource and identify white pine blister rust would be in addressing climate change. management plans to provide for a infection levels. While the NPS makes Therefore, the Clean Air Act and its certain that natural processes will occur, existing implementing regulations do diversity of plant and such as natural P. albicaulis not currently provide regulatory communities. As such, individual regeneration, they may actively mechanisms relevant to threats from the forests may identify species of concern intervene when natural ecological environmental effects associated with that are significant to each forest’s processes are not adequately climate change, and the synergistic biodiversity. The USFS recognizes the functioning. In the case of P. albicaulis, interactions with white pine blister rust, decline of Pinus albicaulis and is intervention could include restoration mountain pine beetle, or fire developing various strategies that focus actions, and these actions would likely suppression. on restoration, including the Pacific mimic criteria provided under the Northwest Region’s Restoration Federal Wildland Fire Management Wilderness Act (D. Reinhart 2011, pers. Policies, Plans, and Guides Strategy, individual forest action comm.). While the NPS Organic Act strategies (Aubry et al. 2008, entire), and directs the NPS to address P. albicaulis A variety of Federal fire management the Rocky Mountain Research Station’s health, it does not provide mechanisms policies, plans, and implementation draft General Technical Report, ‘‘A that directly address or alleviate the guides have been developed to both Range-wide Restoration Strategy for threats from the environmental effects standardize interagency procedures and Whitebark Pine (Pinus albicaulis)’’ associated with climate change, white provide for a full spectrum of fire (Keane et al. 2010, entire). The latter pine blister rust, mountain pine beetle, management options, including report may provide the most effective or fire suppression. suppression and allowing some fires to rangewide restoration strategy available function in their natural ecological role. because it integrates the genetics, Clean Air Act of 1970 Federal Land and Resource Management pathology, and ecology of P. albicaulis. As explained under Factor A, Plans also incorporate fire management, The USFS also implements P. warming temperatures are expected to including use of prescribed fire, and albicaulis restoration and management result in direct habitat loss and are also typically provide more detailed activities (stand thinning, pruning, fire currently causing an increase in guidance for individual agency units, management) on non-wilderness lands, populations of the predatory mountain such as a National Forest. These although P. albicaulis forests are pine beetle resulting in significant planning and implementation generally not accessed for commercial mortality rangewide. The Clean Air Act documents have the potential to benefit forestry commodity extraction and, of 1970 (42 U.S.C. 7401 et seq.), as the species. However, these documents therefore, tend to be excluded from most amended, requires the Environmental are typically broad in scope allowing a stand improvement actions. The USFS Protection Agency (EPA) to develop and wide degree of latitude in potential fire has, along with university researchers enforce regulations to protect the management actions. We do not have and others, made important strides in general public from exposure to information to indicate that fire understanding the white pine blister airborne contaminants that are known to management policies are currently being rust pathosystem and mountain pine be hazardous to human health. In 2007, used in a way that alleviates the threat beetle life history, researching and the Supreme Court ruled that gases that of fire suppression rangewide or contain propagating rust-resistant P. albicaulis cause global warming are pollutants fire use prescriptions that could protect seeds and seedlings, and developing under the Clean Air Act and that the Pinus albicaulis. Therefore, at this time strategic plans. Their efforts are EPA has the authority to regulate carbon we conclude that current fire encouraging and may provide some dioxide and other heat-trapping gases management policies are inadequate to benefit to the species at local scales, but (Massachusetts et al. v. EPA 2007 [Case reduce or eliminate the threat of fire these efforts under the NFMA do not No. 05–1120]). suppression across the entire range of P. directly address or alleviate the threats The EPA published a regulation to albicaulis. from the environmental effects resulting require reporting of greenhouse gas State Laws and Regulations from climate change, white pine blister emissions from fossil fuel suppliers and rust, mountain pine beetle, or fire industrial gas suppliers, direct Pinus albicaulis generally has not suppression at the rangewide level of greenhouse gas emitters, and been tracked by State wildlife or natural the species. manufacturers of heavy-duty and off- heritage programs in States where the road vehicles and engines (74 FR 56260; species occurs. NatureServe’s last status National Park Service Organic Act of October 30, 2009). The rule, effective review revision of P. albicaulis (October 1916 December 29, 2009, does not require 2008) ranked it as a G3 species, which The NPS Organic Act of 1916 (16 control of greenhouse gases; rather it means the species is vulnerable across U.S.C. 1 et seq.) as amended, states that requires only that sources above certain its entire range (NatureServe 2010, p. 1; the NPS ‘‘shall promote and regulate the threshold levels monitor and report NatureServe 2011, p. 2). State rankings use of the Federal areas known as emissions. On December 7, 2009, the include Idaho (S4, apparently secure), national parks, monuments, and EPA found under section 202(a) of the Montana (S4, apparently secure), reservations to conserve the scenery and Clean Air Act that the current and Oregon (S4, apparently secure), and national and historic objects and the projected concentrations of six Wyoming (S3, vulnerable), and wildlife therein and to provide for the greenhouse gases in the atmosphere Washington, which recently elevated P. enjoyment of the same in such manner threaten public health and welfare. albicaulis to S3 (vulnerable) (Arnett and by such means as will leave them EPA’s finding itself does not impose 2011, pers. comm.). California and

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42646 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

Nevada have not ranked the species. projected threats to Pinus albicaulis albicaulis experts and other Federal, However, these rankings do not grant P. populations. The majority of P. State, and tribal agencies. In considering albicaulis any special status under any albicaulis habitat in the United States what factors might constitute threats, we State legislation (NatureServe 2010, p. 1; occurs on Federal lands, where Federal must look beyond the mere exposure of NatureServe 2011, p. 2). The individual agencies have broad regulatory authority the species to the factor to determine State rankings of S4 (apparently secure) to plan and manage land use activities, whether the species responds to the are contrary to what the most current including timber harvest, recreation, factor in a way that causes actual data suggest, that is, that P. albicaulis is and a variety of other actions. Some impacts to the species. If there is declining rangewide. A very minimal management activities have the exposure to a factor, but no response, or amount of the whitebark pine range is potential to benefit P. albicaulis and its only a positive response, that factor is known to occur on State lands. We do habitat. However, in our review of not a threat. not know of any existing State laws or existing regulatory mechanisms, only If there is exposure and the species regulations that address or alleviate the policies related to Federal Wildland responds negatively, the factor may be impacts from white pine blister rust, Fire Management Policies, Plans, and a threat and we then attempt to mountain pine beetle, or fire Guides directly address any of the four determine how significant a threat it is. suppression. Additionally, we are not main threats to the species identified in If the threat is significant, it may drive aware of any State laws or regulations this document. Specifically, these or contribute to the risk of extinction of that address the environmental effects policies have the potential to reduce or the species such that the species resulting from climate change. eliminate threats to P. albicaulis from warrants listing as threatened or fire suppression. However, at this time Canadian Federal and Provincial Laws endangered as those terms are defined we find that these policies are and Regulations by the Act. This does not necessarily inadequate to address this threat. require empirical proof of a threat. The The Committee on the Status of In summary, the existing regulatory combination of exposure and some endangered Wildlife in Canada recently mechanisms currently in place corroborating evidence of how the designated Pinus albicaulis as throughout the range of P. albicaulis are species is likely impacted could suffice. Endangered due to the high risk of inadequate to reduce or eliminate any of The mere identification of factors that extirpation and recommended the the four main threats to the species could impact a species negatively is not species be protected under Canada’s identified above—the loss of habitat sufficient to compel a finding that Species at Risk Act (SARA) (COSEWIC from fire suppression and the listing is appropriate; we require 2010, p. iii). While listing a species exacerbating environmental effects of evidence that these factors are operative under SARA may provide some climate change under Factor A, and threats that act on the species to the benefits, such as providing official mortality from white pine blister rust point that the species meets the recognition, it provides no legal and mountain pine beetle under Factor definition of threatened or endangered protection. In addition, it applies only C. Therefore, based on our review of the under the Act. to Federal lands, and most of P. best scientific and commercial albicaulis’ distribution in Canada occurs information available, we conclude that This status review identified threats on non-Federal lands (most public existing regulatory mechanisms are to Pinus albicaulis attributable to lands, or Crown lands, are under inadequate to protect P. albicaulis or its Factors A, C, and D. The primary threat provincial jurisdiction). At the habitat. to the species is from disease (Factor C) provincial level, in Alberta, P. albicaulis in the form of the nonnative white pine is currently ranked as S2 (imperiled) Factor E. Other Natural or Manmade blister rust and its interaction with other and assessed as Endangered under the Factors Affecting Its Continued threats. We found that white pine blister Alberta Wildlife Act, and in British Existence rust is now nearly ubiquitous Columbia, it’s ranked as S3 (special We did not identify any other natural throughout the range of P. albicaulis. concern/vulnerable) and blue-listed or manmade factors that are likely to White pine blister rust results in the (species of special concern) (Wilson significantly threaten the existence of mortality of an overwhelming majority 2007, p. 1; Environment Canada 2010, p. the species. Therefore, we conclude that of infected individuals, and all age 71; COSEWIC 2010, p. 30). However, the best scientific and commercial classes of trees are susceptible. these rankings and assessments do not information available indicates that P. Seedlings are killed rapidly, and while provide legal protections and only albicaulis is not threatened by other some mature individuals may persist on suggest voluntary conservation natural or manmade factors affecting its the landscape for decades following measures. Parks Canada has initiated continued existence. infection, white pine blister rust conservation efforts including typically kills seedcone-bearing Finding monitoring, prescribed fire, white pine branches. White pine blister rust has blister rust-resistant tree identification, As required by the Act, we conducted impacted millions of acres (hectares) of seed collection, and use of pheromones a review of the status of the species and P. albicaulis. Currently, colder, drier to protect apparent blister rust-resistant considered the five factors in assessing areas of the range that were originally trees from mountain pine beetle attack whether Pinus albicaulis is threatened thought to be less susceptible to the (Wilson 2007, pp. 12–13). The or endangered throughout all or a disease are now showing considerable provincial designations likely benefit significant portion of its range or likely rates of infection. Based on current the species and raise public awareness; to become so within the foreseeable mortality rates, the estimated however, they provide no legal future. We examined the best scientific population decline for the northern 56 protections, as conservation measures and commercial information available percent of the range (i.e., Canada), is are largely voluntary. regarding the past, present, and future expected to be 57 percent within 100 threats faced by P. albicaulis. We years, which is less than two Summary of Factor D reviewed the petition, information generations for this species (COSEWIC We examined a number of existing available in our files, other available 2010, pp. viii, 19). However, that is regulatory mechanisms that have the published and unpublished likely an underestimate, as it assumes potential to address current and information, and we consulted with P. current mortality rates remain constant.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42647

After examining information collected and disease. Additionally, status of the species as threatened or on the incidence of white pine blister environmental changes resulting from endangered when we do a proposed rust, we conclude that white pine blister changing climatic conditions are acting listing determination. However, as rust will continue to intensify and kill alone and in combination with the explained in more detail below, an Pinus albicaulis throughout its entire effects of fire suppression to increase immediate proposal of a regulation range. The remainder of the range (i.e., the frequency and severity of wildfires. implementing this action is precluded United States) is experiencing similar P. albicaulis could potentially by higher priority listing actions, and rates of mortality, and thus we regenerate following even stand- progress is being made to add or remove anticipate a decline similar to that replacing wildfires, if an available seed qualified species from the Lists of estimated for the northern portion of the source is available. However, Endangered and Threatened Wildlife range (Canada). A small percentage of widespread predation and disease and Plants. genetic resistance to white pine blister currently impacting P. albicaulis are We reviewed the available rust is present in P. albicaulis on the limiting available seed sources, making information to determine if the existing landscape, and research is currently the probability of regeneration following and foreseeable threats render the being conducted to identify and wildfire less likely. species at risk of extinction now such propagate resistant individuals. In our analysis of Factor D, we that issuing an emergency regulation However, these programs are still in the examined several Federal mechanisms temporarily listing the species under early stages and an effective breeding that could potentially address the section 4(b)(7) of the Act is warranted. program will take decades, if it can be threats to Pinus albicaulis. These We determined that issuing an achieved at all. mechanisms may be useful in emergency regulation temporarily Pinus albicaulis also is currently minimizing the adverse effects to P. listing the species is not warranted for experiencing significant mortality from albicaulis from potential stressors such this species at this time, because the predation (Factor C) by the native as commercial harvest or habitat threats acting on the species are not mountain pine beetle. Millions of acres destruction and degradation from road impacting the entire species across its (hectares) of P. albicaulis have been lost construction; however, none of these range to the point where the species will in this decade (i.e., late 1990’s to 2011), potential stressors rises to the level of a be immediately lost. However, if at any and we expect that number to continue threat to P. albicaulis. None of the time we determine that issuing an to increase. For the last decade in existing regulatory mechanisms we emergency regulation temporarily particular, warming temperatures have examined provide adequate protection listing Pinus albicaulis is warranted, we facilitated large mountain pine beetle to P. albicaulis from stressors that rise will initiate this action at that time. outbreaks even in areas of P. albicaulis to the level of a threat, including white Listing Priority Number habitat that were previously thought to pine blister rust, mountain pine beetles, inhibit epidemic levels of mountain the exacerbating effects of The Service adopted guidelines on pine beetle. Given projected warming environmental change resulting from September 21, 1983 (48 FR 43098) to trends, we conclude that conditions will changing climatic conditions, and fire establish a rational system for utilizing remain favorable for epidemic levels of suppression. Thus, we concluded that available resources for the highest mountain pine beetle to continue into the existing regulatory mechanisms are priority species when adding species to the foreseeable future. inadequate to address the threats the Lists of Endangered or Threatened We also anticipate that continuing presented above. Wildlife and Plants or reclassifying environmental effects resulting from In summary, the primary threat to the species listed as threatened to climate change will result in direct species is from disease (Factor C) in the endangered status. These guidelines, habitat loss (Factor A) for Pinus form of the nonnative white pine blister titled ‘‘Endangered and Threatened albicaulis, a high-elevation species rust and its interaction with other Species Listing and Recovery Priority occurring only in cool mountaintop threats. Pinus albicaulis is also Guidelines’’ address the immediacy and habitats. Bioclimatic models predict that threatened by significant mortality from magnitude of threats, and the level of suitable habitat for P. albicaulis will predation (Factor C) by the native taxonomic distinctiveness by assigning decline precipitously within the next mountain pine beetle. Past and ongoing priority in descending order to 100 years. Research indicates that fire suppression is also negatively monotypic genera (genus with one northern migration of P. albicaulis is a impacting populations of P. albicaulis species), full species, and subspecies (or possible, but unlikely, response to the through direct habitat loss (Factor A). equivalently, distinct population projected rate of warming climatic Environmental effects resulting from segments of vertebrates). We assigned conditions. Additionally, the presence climate change also threaten the species Pinus albicaulis a Listing Priority of white pine blister rust on the through direct habitat loss (Factor A) Number (LPN) of 2 based on our finding northern portions of the range could and by exacerbating the effects of some that the species faces threats that are of potentially impede effective migration. of the other threats. Also, the existing high magnitude and are imminent. The Adaptation to a rapidly warming regulatory mechanisms (Factor D) are main threats to P. albicaulis include climate also seems unlikely for a species inadequate to protect P. albicaulis or its disease and predation, and the present that has an estimated generation time of habitat. Therefore, based on the threats or threatened destruction, modification, 60 years. described above attributable to Factors or curtailment of its habitat due to Past and ongoing fire suppression is A, C, and D, we believe P. albicaulis is environmental changes and also negatively impacting populations of in danger of extinction, or likely to exacerbating effects of climate change Pinus albicaulis through direct habitat become so in the foreseeable future, and fire and fire suppression. A loss (Factor A). Many stands of trees throughout all or a significant portion of secondary threat is caused by the once dominated by P. albicaulis are now its range. inadequacy of existing regulatory dense stands of shade-tolerant conifers. On the basis of the best scientific and mechanisms. This is the highest priority This change in forest structure and commercial information available, we that can be provided to a species under composition facilitates an increased find that the petitioned action to list our guidance. Our rationale for frequency and intensity of wildfire and Pinus albicaulis rangewide is warranted. assigning P. albicaulis an LPN of 2 is an increased susceptibility to predation We will make a determination on the outlined below.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42648 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

Under the Service’s LPN Guidance, effects of climate change. Trends but-precluded petition findings as the magnitude of threat is the first indicate that these threats are currently required under section 4(b)(3)(C)(i) of criterion we look at when establishing a having a significant negative impact on the Act; critical habitat petition listing priority. The guidance indicates P. albicaulis. Attempts to control white findings; proposed and final rules that species with the highest magnitude pine blister rust and mountain pine designating critical habitat; and of threat are those species facing the beetle have been ineffective, and we litigation-related, administrative, and greatest threats to their continued believe both threats will have program-management functions existence. These species receive the increasingly negative impacts on P. (including preparing and allocating highest listing priority. The threats that albicaulis into the foreseeable future. budgets, responding to Congressional face Pinus albicaulis are high in The third criterion in our LPN and public inquiries, and conducting magnitude because the major threats guidance is intended to devote public outreach regarding listing and (disease, predation, environmental resources to those species representing critical habitat). The work involved in changes and exacerbating effects of highly distinctive or isolated gene pools preparing various listing documents can climate change, fire and fire as reflected by taxonomy. Pinus be extensive and may include, but is not suppression) occur throughout all of the albicaulis is a valid taxon at the species limited to: Gathering and assessing the species’ range and are having a level and, therefore, receives a higher best scientific and commercial data demonstrable effect on the species. The priority than a subspecies, but a lower available and conducting analyses used primary threat, white pine blister rust, priority than species in a monotypic as the basis for our decisions; writing currently occurs throughout all of the genus. P. albicaulis faces high- and publishing documents; and range of P. albicaulis except for the magnitude, imminent threats, and is a obtaining, reviewing, and evaluating interior Great Basin, which accounts for valid taxon at the species level. Thus, in public comments and peer review only 0.4 percent of P. albicaulis accordance with our LPN guidance, we comments on proposed rules and distribution in the United States. The have assigned P. albicaulis an LPN of 2. incorporating relevant information into incidence of white pine blister rust is We will continue to monitor the final rules. The number of listing highest in the Rocky Mountains of threats to Pinus albicaulis, and the actions that we can undertake in a given northwestern Montana and northern species’ status on an annual basis, and year also is influenced by the Idaho, the Olympic and western should the magnitude or the imminence complexity of those listing actions; that Cascade Ranges of the United States, the of the threats change, we will revisit our is, more complex actions generally are southern Canadian Rocky Mountains, assessment of the LPN. more costly. The median cost for Work on a proposed listing and British Columbia’s Coastal preparing and publishing a 90-day determination for the Pinus albicaulis is Mountains. Trends strongly indicate finding is $39,276; for a 12-month precluded by work on higher priority that white pine blister rust infections finding, $100,690; for a proposed rule listing actions with absolute statutory, have increased in intensity over time with critical habitat, $345,000; and for court-ordered, or court-approved and are now prevalent in even drier and a final listing rule with critical habitat, deadlines and final listing colder areas originally considered less $305,000. determinations for those species that susceptible to infection. The other major We cannot spend more than is were proposed for listing with funds threats, predation, fire and fire appropriated for the Listing Program from Fiscal Year 2010. This work suppression, and environmental effects without violating the Anti-Deficiency includes all the actions listed in the Act (see 31 U.S.C. 1341(a)(1)(A)). In of climate change, which exacerbate tables below under expeditious addition, in FY 1998 and for each fiscal some of the threats, also occur progress. year since then, Congress has placed a throughout the entire range and have statutory cap on funds that may be resulted in significant loss of whitebark Preclusion and Expeditious Progress expended for the Listing Program, equal pine. We anticipate these threats to Preclusion is a function of the listing to the amount expressly appropriated continue to impact P. albicaulis into the priority of a species in relation to the for that purpose in that fiscal year. This foreseeable future. resources that are available and the cost cap was designed to prevent funds Under our LPN Guidance, the second and relative priority of competing appropriated for other functions under criterion we consider in assigning a demands for those resources. Thus, in the Act (for example, recovery funds for listing priority is the immediacy of any given fiscal year (FY), multiple removing species from the Lists), or for threats. This criterion is intended to factors dictate whether it will be other Service programs, from being used ensure that the species that face actual, possible to undertake work on a listing for Listing Program actions (see House identifiable threats are given priority proposal regulation or whether Report 105–163, 105th Congress, 1st over those for which threats are only promulgation of such a proposal is Session, July 1, 1997). potential or that are intrinsically precluded by higher-priority listing Since FY 2002, the Service’s budget vulnerable but are not known to be actions. has included a critical habitat subcap to presently facing such threats. The The resources available for listing ensure that some funds are available for threats are imminent because rangewide actions are determined through the other work in the Listing Program (‘‘The disease, predation, fire and fire annual Congressional appropriations critical habitat designation subcap will suppression, and environmental effects process. The appropriation for the ensure that some funding is available to of climate change are affecting Pinus Listing Program is available to support address other listing activities’’ (House albicaulis currently and are expected to work involving the following listing Report No. 107–103, 107th Congress, 1st continue and likely intensify in the actions: Proposed and final listing rules; Session, June 19, 2001)). In FY 2002 and foreseeable future. These actual, 90-day and 12-month findings on each year until FY 2006, the Service has identifiable threats are covered in detail petitions to add species to the Lists of had to use virtually the entire critical under the discussion of Factors A and Endangered and Threatened Wildlife habitat subcap to address court- C of this finding and currently include and Plants (Lists) or to change the status mandated designations of critical mortality from white pine blister rust, of a species from threatened to habitat, and consequently none of the predation by mountain pine beetle, fire endangered; annual ‘‘resubmitted’’ critical habitat subcap funds have been and fire suppression, and environmental petition findings on prior warranted- available for other listing activities. In

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42649

some FYs since 2006, we have been able is deciding whether or not to commence on proposed listing determinations for to use some of the critical habitat a rulemaking. those candidate species with a higher subcap funds to fund proposed listing In FY 2011, on April 15, 2011, listing priority (i.e., candidate species determinations for high-priority Congress passed the Full-Year with LPNs of 1–2). candidate species. In other FYs, while Continuing Appropriations Act (Pub. L. Based on the LPN guidance, we have we were unable to use any of the critical 112–10) which provides funding a significant number of species with a habitat subcap funds to fund proposed through September 30, 2011. The LPN of 2. Using these guidelines, we listing determinations, we did use some Service has $20,902,000 for the listing assign each candidate an LPN of 1 to 12, of this money to fund the critical habitat program. Of that, $9,472,000 is being depending on the magnitude of threats portion of some proposed listing used for determinations of critical (high or moderate to low), immediacy of determinations so that the proposed habitat for already listed species. Also threats (imminent or nonimminent), and listing determination and proposed $500,000 is appropriated for foreign taxonomic status of the species (in order critical habitat designation could be species listings under the Act. The of priority: monotypic genus (a species combined into one rule, thereby being Service thus has $10,930,000 available that is the sole member of a genus); more efficient in our work. At this time, to fund work in the following categories: species; or part of a species (subspecies, for FY 2011, we plan to use some of the compliance with court orders and court- or distinct population segment)). The critical habitat subcap funds to fund approved settlement agreements lower the listing priority number, the proposed listing determinations. requiring that petition findings or listing higher the listing priority (that is, a We make our determinations of determinations be completed by a species with an LPN of 1 would have preclusion on a nationwide basis to specific date; section 4 (of the Act) the highest listing priority). ensure that the species most in need of listing actions with absolute statutory Because of the large number of high- listing will be addressed first and also deadlines; essential litigation-related, priority species, we have further ranked because we allocate our listing budget administrative, and listing program- the candidate species with an LPN of 2 on a nationwide basis. Through the management functions; and high- by using the following extinction-risk listing cap, the critical habitat subcap, priority listing actions for some of our type criteria: International Union for the and the amount of funds needed to candidate species. In FY 2010, the Conservation of Nature and Natural address court-mandated critical habitat Service received many new petitions Resources (IUCN) Red list status/rank, designations, Congress and the courts and a single petition to list 404 species. Heritage rank (provided by have in effect determined the amount of The receipt of petitions for a large NatureServe), Heritage threat rank money available for other listing number of species is consuming the (provided by NatureServe), and species activities nationwide. Therefore, the Service’s listing funding that is not currently with fewer than 50 funds in the listing cap, other than those dedicated to meeting court-ordered individuals, or 4 or fewer populations. needed to address court-mandated commitments. Absent some ability to Those species with the highest IUCN critical habitat for already listed species, balance effort among listing duties rank (critically endangered), the highest set the limits on our determinations of under existing funding levels, it is Heritage rank (G1), the highest Heritage preclusion and expeditious progress. unlikely that the Service will be able to threat rank (substantial, imminent Congress identified the availability of initiate any new listing determination threats), and currently with fewer than resources as the only basis for deferring for candidate species in FY 2011. 50 individuals, or fewer than 4 the initiation of a rulemaking that is In 2009, the responsibility for listing populations, originally comprised a warranted. The Conference Report foreign species under the Act was group of approximately 40 candidate accompanying Public Law 97–304 transferred from the Division of species (‘‘Top 40’’). These 40 candidate (Endangered Species Act Amendments Scientific Authority, International species have had the highest priority to of 1982), which established the current Affairs Program, to the Endangered receive funding to work on a proposed statutory deadlines and the warranted- Species Program. Therefore, starting in listing determination. As we work on but-precluded finding, states that the FY 2010, we used a portion of our proposed and final listing rules for those amendments were ‘‘not intended to funding to work on the actions 40 candidates, we apply the ranking allow the Secretary to delay described above for listing actions criteria to the next group of candidates commencing the rulemaking process for related to foreign species. In FY 2011, with an LPN of 2 and 3 to determine the any reason other than that the existence we anticipate using $1,500,000 for work next set of highest priority candidate of pending or imminent proposals to list on listing actions for foreign species species. Finally, proposed rules for species subject to a greater degree of which reduces funding available for reclassification of threatened species to threat would make allocation of domestic listing actions; however, endangered are lower priority, because resources to such a petition [that is, for currently only $500,000 has been as listed species, they are already a lower-ranking species] unwise.’’ allocated for this function. Although afforded the protection of the Act and Although that statement appeared to there are no foreign species issues implementing regulations. However, for refer specifically to the ‘‘to the included in our high-priority listing efficiency reasons, we may choose to maximum extent practicable’’ limitation actions at this time, many actions have work on a proposed rule to reclassify a on the 90-day deadline for making a statutory or court-approved settlement species to endangered if we can ‘‘substantial information’’ finding, that deadlines, thus increasing their priority. combine this with work that is subject finding is made at the point when the The budget allocations for each specific to a court-determined deadline. Service is deciding whether or not to listing action are identified in the With our workload so much bigger commence a status review that will Service’s FY 2011 Allocation Table (part than the amount of funds we have to determine the degree of threats facing of our record). accomplish it, it is important that we be the species, and therefore the analysis For the above reasons, funding a as efficient as possible in our listing underlying the statement is more proposed listing determination for the process. Therefore, as we work on relevant to the use of the warranted-but- Pinus albicaulis is precluded by court- proposed rules for the highest priority precluded finding, which is made when ordered and court-approved settlement species in the next several years, we are the Service has already determined the agreements, and listing actions with preparing multi-species proposals when degree of threats facing the species and absolute statutory deadlines, and work appropriate, and these may include

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42650 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

species with lower priority if they progress is being made to add and Recovery program in light of the overlap geographically or have the same remove qualified species to and from resource available for delisting, which is threats as a species with an LPN of 2. the Lists of Endangered and Threatened funded by a separate line item in the In addition, we take into consideration Wildlife and Plants. As with our budget of the Endangered Species the availability of staff resources when ‘‘precluded’’ finding, the evaluation of Program. So far during FY 2011, we we determine which high-priority whether progress in adding qualified have completed one delisting rule.) species will receive funding to species to the Lists has been expeditious Given the limited resources available for minimize the amount of time and is a function of the resources available listing, we find that we are making resources required to complete each for listing and the competing demands expeditious progress in FY 2011 in the listing action. for those funds. (Although we do not Listing Program. This progress included As explained above, a determination discuss it in detail here, we are also preparing and publishing the following that listing is warranted but precluded making expeditious progress in determinations: must also demonstrate that expeditious removing species from the list under the

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 Habi­ tat. 10/7/2010 ...... 12-Month Finding on a Petition to List the Sac­ Notice of 12-Month petition finding, Not war­ 75 FR 62070–62095 ramento Splittail as Endangered or Threatened. ranted. 10/28/2010 ..... Endangered Status and Designation of Critical Proposed Listing Endangered (uplisting) ...... 75 FR 66481–66552 Habitat for Spikedace and Loach Minnow. 11/2/2010 ...... 90-Day Finding on a Petition to List the Bay Notice of 90-day Petition Finding, Not substantial 75 FR 67341–67343 Springs Salamander as Endangered. 11/2/2010 ...... Determination of Endangered Status for the Final Listing Endangered ...... 75 FR 67511–67550 Georgia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail and Designation of Crit­ ical Habitat. 11/2/2010 ...... Listing the Rayed Bean and Snuffbox as Endan­ Proposed Listing Endangered ...... 75 FR 67551–67583 gered. 11/4/2010 ...... 12-Month Finding on a Petition to List Cirsium Notice of 12-month petition finding, Warranted 75 FR 67925–67944 wrightii (Wright’s Marsh Thistle) as Endan­ but precluded. gered or Threatened. 12/14/2010 ..... Endangered Status for Dunes Sagebrush Lizard Proposed Listing Endangered ...... 75 FR77801–77817 12/14/2010 ..... 12-month Finding on a Petition to List the North Notice of 12-month petition finding, Warranted 75 FR 78029–78061 American Wolverine as Endangered or Threat­ but precluded. ened. 12/14/2010 ..... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Warranted 75 FR 78093–78146 Sonoran Population of the Desert Tortoise as but precluded. Endangered or Threatened. 12/15/2010 ..... 12-Month Finding on a Petition to List Astragalus Notice of 12-month petition finding, Warranted 75 FR 78513–78556 microcymbus and Astragalus schmolliae as but precluded. Endangered or Threatened. 12/28/2010 ..... Listing Seven Brazilian Bird Species as Endan­ Final Listing Endangered ...... 75 FR 81793–81815 gered Throughout Their Range. 1/4/2011 ...... 90-Day Finding on a Petition to List the Red Notice of 90-day Petition Finding, Not substantial 76 FR 304–311 Knot subspecies Calidris canutus roselaari as Endangered. 1/19/2011 ...... Endangered Status for the Sheepnose and Proposed Listing Endangered ...... 76 FR 3392–3420 Spectaclecase Mussels. 2/10/2011 ...... 12-Month Finding on a Petition to List the Pacific Notice of 12-month petition finding, Warranted 76 FR 7634–7679 Walrus as Endangered or Threatened. but precluded. 2/17/2011 ...... 90-Day Finding on a Petition To List the Sand Notice of 90-day Petition Finding, Substantial ..... 76 FR 9309–9318 Verbena as Endangered or Threatened. 2/22/2011 ...... Determination of Threatened Status for the New Final Listing Threatened ...... 76 FR 9681–9692 Zealand-Australia Distinct Population Segment of the Southern Rockhopper Penguin. 2/22/2011 ...... 12-Month Finding on a Petition to List Solanum Notice of 12-month petition finding, Warranted 76 FR 9722–9733 conocarpum (marron bacora) as Endangered. but precluded. 2/23/2011 ...... 12-Month Finding on a Petition to List Thorne’s Notice of 12-month petition finding, Not war­ 76 FR 991–10003 Hairstreak Butterfly as Endangered. ranted. 2/23/2011 ...... 12-Month Finding on a Petition to List Astragalus Notice of 12-month petition finding, Warranted 76 FR 10166–10203 hamiltonii, Penstemon flowersii, Eriogonum but precluded & Not Warraned. soredium, Lepidium ostleri, and Trifolium friscanum as Endangered or Threatened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Wild Notice of 90-day Petition Finding, Not substantial 76 FR 10299–10310 Plains Bison or Each of Four Distinct Popu­ lation Segments as Threatened.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42651

FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

2/24/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Not substantial 76 FR 10310–10319 Unsilvered Fritillary Butterfly as Threatened or Endangered. 3/8/2011 ...... 12-Month Finding on a Petition to List the Mt. Notice of 12-month petition finding, Warranted 76 FR 12667–12683 Charleston Blue Butterfly as Endangered or but precluded. Threatened. 3/8/2011 ...... 90-Day Finding on a Petition to List the Texas Notice of 90-day Petition Finding, Substantial ..... 76 FR 12683–12690 Kangaroo Rat as Endangered or Threatened. 3/10/2011 ...... Initiation of Status Review for Longfin Smelt ...... Notice of Status Review ...... 76 FR 13121–31322 3/15/2011 ...... Withdrawal of Proposed Rule to List the Flat- Proposed rule withdrawal ...... 76 FR 14210–14268 tailed Horned Lizard as Threatened. 3/22/2011 ...... 12-Month Finding on a Petition to List the Berry Notice of 12-month petition finding, Warranted 76 FR 15919–15932 Cave Salamander as Endangered. but precluded. 4/1/2011 ...... 90-Day Finding on a Petition to List the Spring Notice of 90-day Petition Finding, Substantial ..... 76 FR 18138–18143 Pygmy Sunfish as Endangered. 4/5/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Not War­ 76 FR 18684–18701 Bearmouth Mountainsnail, Byrne Resort ranted and Warranted but precluded. Mountainsnail, and Meltwater Lednian Stonefly as Endangered or Threatened. 4/5/2011 ...... 90-Day Finding on a Petition To List the Peary Notice of 90-day Petition Finding, Substantial ..... 76 FR 18701–18706 Caribou and Dolphin and Union Population of the Barren-ground Caribou as Endangered or Threatened. 4/12/2011 ...... Proposed Endangered Status for the Three Proposed Listing Endangered ...... 76 FR 20464–20488 Forks Springsnail and San Bernardino Springsnail, and Proposed Designation of Crit­ ical Habitat. 4/13/2011 ...... 90-Day Finding on a Petition To List Spring Notice of 90-day Petition Finding, Substantial ..... 76 FR 20613–20622 Mountains Acastus Checkerspot Butterfly as Endangered. 4/14/2011 ...... 90-Day Finding on a Petition to List the Prairie Notice of 90-day Petition Finding, Substantial ..... 76 FR 20911–20918 Chub as Threatened or Endangered. 4/14/2011 ...... 12-Month Finding on a Petition to List Hermes Notice of 12-month petition finding, Warranted 76 FR 20918–20939 Copper Butterfly as Endangered or Threat­ but precluded. ened. 4/26/2011 ...... 90-Day Finding on a Petition to List the Notice of 90-day Petition Finding, Substantial ..... 76 FR 23256–23265 Arapahoe Snowfly as Endangered or Threat­ ened. 4/26/2011 ...... 90-Day Finding on a Petition to List the Smooth- Notice of 90-day Petition Finding, Not substantial 76 FR 23265–23271 Billed Ani as Threatened or Endangered. 5/12/2011 ...... Withdrawal of the Proposed Rule to List the Proposed Rule, Withdrawal ...... 76 FR 27756–27799 Mountain Plover as Threatened. 5/25/2011 ...... 90-Day Finding on a Petition To List the Spot- Notice of 90-day Petition Finding, Substantial ..... 76 FR 30082–30087 tailed Earless Lizard as Endangered or Threat­ ened. 5/26/2011 ...... Listing the Salmon-Crested Cockatoo as Threat­ Final Listing Threatened ...... 76 FR 30758–30780 ened Throughout its Range with Special Rule. 5/31/2011 ...... 12-Month Finding on a Petition to List Puerto Notice of 12-month petition finding, Warranted 76 FR 31282–31294 Rican Harlequin Butterfly as Endangered. but precluded. 6/2/2011 ...... 90-Day Finding on a Petition to Reclassify the Notice of 90-day Petition Finding, Substantial ..... 76 FR 31903–31906 Straight-Horned Markhor (Capra falconeri jerdoni) of Torghar Hills as Threatened. 6/2/2011 ...... 90-Day Finding on a Petition to List the Golden- Notice of 90-day Petition Finding, Substantial ..... 76 FR 31920–31926 winged Warbler as Endangered or Threatened. 6/7/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, Warranted 76 FR 33924–33965 Striped Newt as Threatened. but precluded. 6/9/2011 ...... 12-Month Finding on a Petition to List Abronia Notice of 12-month petition finding, Not War­ 76 FR 32911–32929 ammophila, Agrostis rossiae, Astragalus ranted and Warranted but precluded. proimanthus, Boechera Arabis pusilla, and Penstemon gibbensii as Threatened or Endan­ gered. 6/21/2011 ...... 90-Day Finding on a Petition to List the Utah Notice of 90-day Petition Finding, Not substantial 76 FR 36049–36053 Population of the Gila Monster as an Endan­ gered or a Threatened Distinct Population Segment. 6/21/2011 ...... Revised 90-Day Finding on a Petition To Reclas­ Notice of 90-day Petition Finding, Not substantial 76 FR 36053–36068 sify the Utah Prairie Dog From Threatened to Endangered. 6/28/2011 ...... 12-Month Finding on a Petition to List Castanea Notice of 12-month petition finding, Not war­ 76 FR 37706–37716 pumila var. ozarkensis as Threatened or En­ ranted. dangered.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42652 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

FY 2011 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR pages

6/29/2011 ...... 90-Day Finding on a Petition to List the Eastern Notice of 90-day Petition Finding, Substantial ..... 76 FR 38095–38106 Small-Footed Bat and the Northern Long- Eared Bat as Threatened or Endangered. 6/30/2011 ...... 12-Month Finding on a Petition to List a Distinct Notice of 12-month petition finding, Not war­ 76 FR 38504–38532 Population Segment of the Fisher in Its United ranted. States Northern Rocky Mountain Range as Endangered or Threatened with Critical Habi­ tat.

Our expeditious progress also statutory timelines, that is, timelines a lower priority if they overlap includes work on listing actions that we required under the Act. 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, when compared to preparing court. Actions in the middle section of based on available staff resources, and separate proposed rules for each of them the table are being conducted to meet when appropriate, include species with in the future.

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 macaw) 5 ...... 12-month petition finding. 4 parrot species (crimson shining parrot, white cockatoo, Philippine cockatoo, yellow-crested cockatoo) 5 ...... 12-month petition finding. Longfin smelt ...... 12-month petition finding.

Actions With Statutory Deadlines

Casey’s june beetle ...... Final listing determination. 6 Birds from Eurasia ...... Final listing determination. 5 Bird species from Colombia and Ecuador ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. 5 species southeast fish (Cumberland darter, rush darter, yellowcheek darter, chucky madtom, and laurel Final listing determination. dace) 4. Ozark hellbender 4 ...... Final listing determination. Altamaha spinymussel 3 ...... Final listing determination. 3 Colorado plants (Ipomopsis polyantha (Pagosa Skyrocket), Penstemon debilis (Parachute Beardtongue), and Final listing determination. Phacelia submutica (DeBeque Phacelia)) 4. 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. Mojave fringe-toed lizard 1 ...... 12-month petition finding. Kokanee—Lake Sammamish population 1 ...... 12-month petition finding. Cactus 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 listing. Dusky tree vole ...... 12-month petition finding. Leatherside chub (from 206 species petition) ...... 12-month petition finding. Frigid ambersnail (from 206 species petition) 3 ...... 12-month petition finding. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. Gopher tortoise—eastern population ...... 12-month petition finding. Grand Canyon scorpion (from 475 species petition) ...... 12-month petition finding. Anacroneuria wipukupa (a stonefly from 475 species petition) 4 ...... 12-month petition finding. 3 Texas (Ursia furtiva, Sphingicampa blanchardi, Agapema galbina) (from 475 species petition) ...... 12-month petition finding. 2 Texas shiners (Cyprinella sp., Cyprinella lepida) (from 475 species petition) ...... 12-month petition finding. 3 South Arizona plants (Erigeron piscaticus, Astragalus hypoxylus, Amoreuxia gonzalezii) (from 475 species 12-month petition finding. petition). 5 Central Texas mussel species (3 from 475 species petition) ...... 12-month petition finding. 14 parrots (foreign species) ...... 12-month petition finding. Fisher—Northern Rocky Mountain Range 1 ...... 12-month petition finding. Mohave ground squirrel 1 ...... 12-month petition finding.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules 42653

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

Species Action

Western gull-billed tern ...... 12-month petition finding. Ozark chinquapin (Castanea pumila var. ozarkensis) 4 ...... 12-month petition finding. HI yellow-faced bees ...... 12-month petition finding. Giant Palouse earthworm ...... 12-month petition finding. Whitebark pine ...... 12-month petition finding. OK grass pink (Calopogon oklahomensis) 1 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Honduran emerald ...... 12-month petition finding. Southeastern pop. snowy plover & wintering pop. of piping plover 1 ...... 90-day petition finding. Eagle Lake trout 1 ...... 90-day petition finding. 32 Pacific Northwest mollusk species (snails and slugs) 1 ...... 90-day petition finding. 42 snail species (Nevada & Utah) ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding. Bay skipper ...... 90-day petition finding. Eastern small-footed bat ...... 90-day petition finding. Northern long-eared bat ...... 90-day petition finding. 10 species of Great Basin butterfly ...... 90-day petition finding. 6 sand dune (scarab) beetles ...... 90-day petition finding. 404 Southeast species ...... 90-day petition finding. Franklin’s bumble bee 4 ...... 90-day petition finding. 2 Idaho snowflies (straight snowfly & Idaho snowfly) 4 ...... 90-day petition finding. American eel 4 ...... 90-day petition finding. Gila monster (Utah population) 4 ...... 90-day petition finding. Leona’s little blue 4 ...... 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. Chimpanzee ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami & Pectis 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.

High-Priority Listing Actions

19 Oahu candidate species 2 (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 with LPN = 9) ...... Proposed listing. 19 Maui-Nui candidate species 2 (16 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 with LPN = 8) ... Proposed listing. Chupadera springsnail 2 (Pyrgulopsis chupaderae (LPN = 2) ...... Proposed listing. 8 Gulf Coast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama pearlshell (LPN = Proposed listing. 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 4. 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. Miami blue butterfly (LPN = 3) 3 ...... Proposed listing. Lesser prairie chicken (LPN = 2) ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado salamander (LPN = 2), Georgetown sala­ Proposed listing. mander (LPN = 8), Jollyville Plateau (LPN = 8)) 3. 5 SW aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y springsnail (LPN = 2), Phantom springsnail (LPN Proposed listing. = 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2)) 3. 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN = 2), Neches River rose-mallow Proposed listing. (Hibiscus dasycalyx) (LPN = 2)) 3. 4 AZ plants (Acuna cactus (Echinomastus erectocentrus var. acunensis) (LPN = 3), Fickeisen plains cactus Proposed listing. (Pediocactus peeblesianus fickeiseniae) (LPN = 3), Lemmon fleabane (Erigeron lemmonii) (LPN = 8), Gierisch mallow (Sphaeralcea gierischii) (LPN = 2)) 5. FL bonneted bat (LPN = 2) 3 ...... Proposed listing. 3 Southern FL plants (Florida semaphore cactus (Consolea corallicola) (LPN = 2), shellmound applecactus Proposed listing. (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 with LPN = Proposed listing. 3, 1 with LPN = 4, 2 with LPN = 8). 12 Puget Sound prairie species (9 subspecies of pocket gopher (Thomomys mazama ssp.) (LPN = 3), streaked Proposed listing. horned lark (LPN = 3), Taylor’s checkerspot (LPN = 3), Mardon skipper (LPN = 8)) 3.

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS 42654 Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / Proposed Rules

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

Species Action

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 have endeavored to make our DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: listing actions as efficient and timely as Steve Spangle, Field Supervisor, U.S. possible, given the requirements of the Fish and Wildlife Service Fish and Wildlife Service, Arizona relevant law and regulations, and Ecological Services Field Office, 2321 constraints relating to workload and 50 CFR Part 17 W. Royal Palm Road, Suite 103, personnel. We are continually [Docket No. FWS–R2–ES–2011–0044; MO Phoenix, AZ 85021; telephone (602) considering ways to streamline 92210–0–0008–B2] 242–0210; facsimile (602) 242–2513. If processes or achieve economies of scale, you use a telecommunications device such as by batching related actions Endangered and Threatened Wildlife for the deaf (TDD), please call the together. Given our limited budget for and Plants; Petition To List Grand Federal Information Relay Service implementing section 4 of the Act, these Canyon Cave Pseudoscorpion (FIRS) at (800) 877–8339. actions described above collectively AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: constitute expeditious progress. Interior. Pinus albicaulis will be added to the Background list of candidate species upon ACTION: Notice of 12-month petition finding. Section 4(b)(3)(B) of the Endangered publication of this 12-month finding. Species Act of 1973, as amended (Act) We will continue to evaluate this SUMMARY: We, the U.S. Fish and (16 U.S.C. 1531 et seq.), requires that, species as new information becomes Wildlife Service (Service), announce a for any petition containing substantial available. Continuing review will 12-month finding on a petition to list scientific or commercial information determine if a change in status is the Grand Canyon cave pseudoscorpion indicating that listing the species may warranted, including the need to make (Archeolarca cavicola) as threatened or be warranted, we make a finding within prompt use of emergency listing endangered with critical habitat under 12 months of the date of receipt of the procedures. the Endangered Species Act of 1973, as petition. In this finding we determine We intend that any proposed listing amended (Act). After review of the best that the petitioned action is: (a) Not determination for Pinus albicaulis will scientific and commercial information warranted, (b) warranted, or (c) be as accurate as possible. Therefore, we available, we find that listing the Grand warranted, but immediate proposal of a will continue to accept additional Canyon cave pseudoscorpion is not regulation implementing the petitioned information and comments from all warranted at this time. However, we ask action is precluded by other pending concerned governmental agencies, the the public to submit to us any new proposals to determine whether species scientific community, industry, or any information that becomes available are threatened or endangered, and other interested party concerning this concerning the threats to the Grand expeditious progress is being made to finding. Canyon cave pseudoscorpion or its add or remove qualified species from References Cited habitat at any time. the Lists of Endangered and Threatened DATES: The finding announced in this Wildlife and Plants. Section 4(b)(3)(C) of A complete list of references cited is document was made on July 19, 2011. the Act requires that we treat a petition available on the Internet at http:// ADDRESSES: This finding is available on for which the requested action is found www.regulations.gov and upon request the Internet at http://www.regulations. to be warranted but precluded as though from the Wyoming Ecological Services gov at Docket Number FWS–R2–ES– resubmitted on the date of such finding, Field Office (see ADDRESSES section). 2011–0044. Supporting documentation that is, requiring a subsequent finding to Author(s) we used in preparing this finding is be made within 12 months. We must The primary authors of this notice are available for public inspection, by publish these 12-month findings in the the staff members of the Wyoming appointment, during normal business Federal Register. hours by contacting the U.S. Fish and Ecological Services Field Office. Previous Federal Actions Wildlife Service, Arizona Ecological Authority Services Field Office, 2321 W. Royal The Grand Canyon cave The authority for this section is Palm Road, Suite 103, Phoenix, AZ pseudoscorpion was formerly a section 4 of the Endangered Species Act 85021; telephone (602) 242–0210; candidate 2 species, a taxon for which of 1973, as amended (16 U.S.C. 1531 et facsimile (602) 242–2513. If you use a information in our possession indicated seq.). telecommunications device for the deaf that proposing to list was possibly (TDD), please call the Federal appropriate, but for which persuasive Dated: July 1, 2011. Information Relay Service (FIRS) at data on biological vulnerability and Daniel M. Ashe, (800) 877–8339. Please submit any new threats were not available to support a Director, Fish and Wildlife Service. information, comments, or questions proposed listing rule (54 FR 554; [FR Doc. 2011–17943 Filed 7–18–11; 8:45 am] concerning this finding to the above January 6, 1989). The designation of BILLING CODE 4310–55–P address. candidate 2 species was discontinued in

VerDate Mar<15>2010 17:35 Jul 18, 2011 Jkt 223001 PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 E:\FR\FM\19JYP1.SGM 19JYP1 srobinson on DSK4SPTVN1PROD with PROPOSALS