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accepted during the regional office DEPARTMENT OF THE INTERIOR Office (see ADDRESSES); telephone 303– normal hours of operation, and special 236–4264. If you use a arrangements should be made for Fish and Wildlife Service telecommunications device for the deaf deliveries of boxed information. The (TDD), please call the Federal regional office official hours of business 50 CFR Part 17 Information Relay Service (FIRS) at are Monday through Friday, 8:30 a.m. to [Docket No. FWS–R2–ES–2008–0131; MO 800–877–8339. 4:30 p.m., excluding Federal holidays. 9221050083–B2] SUPPLEMENTARY INFORMATION: Please see the direct final rule which Information Solicited Endangered and Threatened Wildlife is located in the Final Rules section of and ; Partial 90-Day Finding on When we make a finding that a this Federal Register for detailed a Petition To List 206 Species in the petition presents substantial instructions on how to submit Midwest and Western United States as information indicating that a species comments. Threatened or Endangered with Critical may be warranted, we are required to Habitat promptly commence a review of the FOR FURTHER INFORMATION CONTACT: status of the species. To ensure that the Douglas Aburano, Environmental AGENCY: Fish and Wildlife Service, status review is complete and based on Engineer, Criteria Pollutant Section, Air Interior. the best available scientific and Programs Branch (AR–18J), ACTION: Notice of 90-day petition commercial information, we are Environmental Protection Agency, finding. soliciting information concerning the Region 5, 77 West Jackson Boulevard, status of the 29 species for which we Chicago, Illinois 60604, (312) 353–6960, SUMMARY: We, the U.S. Fish and found that the petition provides [email protected]. Wildlife Service (Service), announce a substantial information that listing may 90-day finding on 38 species from a be warranted. We request information SUPPLEMENTARY INFORMATION: In the petition to list 206 species in the from the public, other concerned Final Rules section of this Federal mountain-prairie region of the United governmental agencies, Tribes, the Register, EPA is approving the State’s States as threatened or endangered scientific community, industry, or any SIP submittal as a direct final rule under the Endangered Species Act of other interested parties concerning the without prior proposal because EPA 1973, as amended (Act). For 9 of the 38 status of the species. We are seeking views this as a noncontroversial species, we find that the petition did not information regarding the species’ submittal and anticipates no adverse present substantial information historical and current status and comments. A detailed rationale for the indicating that listing may be warranted. distribution, their biology and ecology, approval is set forth in the direct final For 29 of the 38 species, we find that the ongoing conservation measures for the rule. If no adverse comments are petition does present substantial species and their habitats, and threats to received in response to this rule, no scientific or commercial information the species or their habitats. further activity is contemplated. If EPA indicating that listing may be warranted. Please note that comments merely receives adverse comments, the direct Therefore, with the publication of this stating support or opposition to the final rule will be withdrawn and all notice, we are initiating a status review action under consideration without public comments received will be of the 29 species to determine if listing providing supporting information, addressed in a subsequent final rule is warranted. To ensure that the review although noted, will not be considered based on this proposed rule. EPA will is comprehensive, we are soliciting in making a determination, as section not institute a second comment period; scientific and commercial information 4(b)(1)(A) of the Act (16 U.S.C. 1533 (b)(1)(A)) directs that determinations as therefore, any parties interested in regarding these 29 species. to whether any species is a threatened commenting on this action should do so DATES: To allow us adequate time to conduct a status review, we request that or endangered species must be made at this time. Please note that if EPA ‘‘solely on the basis of the best scientific receives adverse comment on an we receive information on or before October 19, 2009. and commercial data available.’’ At the amendment, paragraph, or section of conclusion of the status review, we will ADDRESSES: this rule and if that provision may be You may submit issue a 12-month finding on the severed from the remainder of the rule, information by one of the following petition, as provided in section EPA may adopt as final those provisions methods: • 4(b)(3)(B) of the Act (16 U.S.C. of the rule that are not the subject of an Federal rulemaking Portal: http:// 1533(b)(3)(B)). adverse comment. For additional www.regulations.gov. Follow the You may submit your information information, see the direct final rule instructions for submitting comments to concerning this 90-day finding or the 29 Docket no. FWS–R2–ES–2008–0131. species by one of the methods listed in which is located in the Final Rules • section of this Federal Register. U.S. Mail or hand delivery: Public the ADDRESSES section. We will not Comments Processing, Attn: FWS–R6– consider submissions sent by e-mail or Dated: August 4, 2009. ES–2008–0131, Division of Policy and fax or to an address not listed in the Bharat Mathur, Directives Management, U.S. Fish and ADDRESSES section. Acting Regional Administrator, Region 5. Wildlife Service, 4401 N. Fairfax Drive, If you submit information via http:// [FR Doc. E9–19467 Filed 8–17–09; 8:45 am] Suite 222, Arlington, VA 22203. www.regulations.gov, your entire We will post all information received BILLING CODE 6560–50–P submission—including any personal on http://www.regulations.gov. This identifying information—will be posted generally means that we will post any on the website. If your submission is personal information you provide us made via a hardcopy that includes (see the Information Solicited section personal identifying information, you below for more information). may request at the top of your document FOR FURTHER INFORMATION CONTACT: Ann that we withhold this information from Carlson, Listing Coordinator, Mountain- public review. However, we cannot Prairie Regional Ecological Services guarantee that we will be able to do so.

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We will post all hardcopy submissions NatureServe in its online database at The 2007 petition included a list of on http://www.regulations.gov. http://www.natureserve.org/ into the 206 species. Two species, Information and materials we receive, petition. The petition clearly identified beckii (pinnate spring-parsley) and as well as supporting documentation itself as a petition and included the Camissonia gouldii (Diamond Valley used in preparing this 90-day finding, identification information, as required suncup), also were included in a will be available for public inspection in 50 CFR 424.14(a). We sent a letter to separate petition to list 475 species in on http://www.regulations.gov, or by the petitioners, dated August 24, 2007, our Southwest Region that we received appointment, during normal business acknowledging receipt of the petition on June 18, 2007. We reviewed the hours, at the U.S. Fish and Wildlife and stating that, based on preliminary species files for Cymopterus beckii and Service, Mountain-Prairie Regional review, we found no compelling Camissonia gouldii under the June 18, Ecological Services Office (see FOR evidence to support an emergency 2007, petition, and in an initial response FURTHER INFORMATION CONTACT). listing for any of the species covered by to the petition for 475 species included Background the petition. them in a 90-day finding for 270 species On March 19, 2008, WildEarth published on January 6, 2009 (74 FR Section 4(b)(3)(A) of the Act (16 Guardians filed a complaint (1:08–CV– 419), concluding that the petition did U.S.C. 1531 et seq.) requires that we 472–CKK) indicating that the Service not present substantial scientific or make a finding on whether a petition to failed to comply with its mandatory commercial information indicating that list, delist, or reclassify a species duty to make a preliminary 90-day listing of the species may be warranted. presents substantial scientific or finding on their two multiple species We addressed an additional 165 commercial information indicating that petitions—one for mountain-prairie species (from the petition to list 206 a petitioned action may be warranted. species, and one for southwest species. species) in a 90-day finding that We are to base this finding on We subsequently published two initial published on February 5, 2009 (74 FR information provided in the petition. To 90-day findings on January 6, 2009 (74 6122), concluding that the petition did the maximum extent practicable, we are FR 419), and February 5, 2009 (74 FR not present substantial scientific or to make the finding within 90 days of 6122). On March 13, 2009, the Service commercial information indicating that our receipt of the petition, and publish and WildEarth Guardians filed a listing of the species may be warranted. our notice of this finding promptly in The petitions for 206 and 475 species stipulated settlement in the District of the Federal Register. each included Sphaeralcea gierischii Columbia Court, agreeing that the Our standard for ‘‘substantial (Gierisch mallow). We found this Service would submit to the Federal information,’’ as defined in the Code of species is currently a candidate species Register a finding as to whether Federal Regulations at 50 CFR 424.14(b), for listing and that action was initiated WildEarth Guardians’ petition presents with regard to a 90-day petition finding through a candidate assessment substantial information indicating that is ‘‘that amount of information that completed by the Southwest Region the petitioned action may be warranted would lead a reasonable person to headquartered in Albuquerque, New believe that the measure proposed in the for 38 mountain-prairie species by Mexico. We have sufficient information petition may be warranted.’’ If we find August 9, 2009. This finding meets that on biological vulnerability and threats that substantial information was portion of the settlement. to support a proposal to list as presented, we are required to promptly On June 18, 2008, we received a endangered or threatened (i.e., it met commence a status review of the petition from WildEarth Guardians, our definition of a candidate species); species. dated June 12, 2008, to emergency list however, preparation and publication of In making this finding, we based our 32 species under the Administrative a proposed rule is precluded by higher- decision on information provided by the Procedure Act (APA) and the priority listing actions—existing petitioner that we determined to be Endangered Species Act. Of those 32 candidates with listing priority numbers reliable after reviewing sources species, 11 were included in the July 24, of 2 and additional factors such as referenced in the petition and otherwise 2007, petition to be listed on a non- International Union for Conservation of available in our files. We evaluated that emergency basis. Although the Act does Nature (IUCN) rankings. The species information in accordance with 50 CFR not provide for a petition process for an was included in the Candidate Notice of 424.14(b). Our process for making this interested person to seek to have a Review that published on December 10, 90-day finding under section 4(b)(3)(A) species emergency listed, section 4(b)(7) 2008 (73 FR 75176). The threats to S. of the Act is limited to a determination of the Act authorizes the Service to gierischii are high in magnitude, of whether the information in the issue emergency regulations to because survival of the species is petition meets the ‘‘substantial temporarily list a species. In a letter threatened throughout its entire range in information’’ threshold. dated July 25, 2008, we stated that the by gypsum mining, and the two information provided in both the 2007 largest populations exist in areas that Petition and 2008 petitions and in our files did are being actively mined. Loss of those On July 30, 2007, we received a not indicate that an emergency situation two populations would significantly formal petition dated July 24, 2007, existed for any of the 11 species. The reduce the total number of individuals from Forest Guardians (now WildEarth Service’s decisions whether to exercise throughout the range, threatening the Guardians) requesting that the Service: its authority to issue emergency long-term viability of the species. The (1) Consider all full species in our regulations to temporarily list a species threats are imminent, because they are Mountain Prairie Region ranked as G1 are not judicially reviewable. See Fund ongoing in Arizona. Therefore, we or G1G2 by the organization for Animals v. Hogan, 428 F.3d 1059 assigned a listing priority number of 2 NatureServe, except those that are (DC Cir. 2005). to this species. currently listed, proposed for listing, or The following discussion presents our candidates for listing; and (2) list each evaluation of a portion of the species Species Information species as either endangered or included in the July 24, 2007, petition, The petitioners presented two tables threatened. The petition incorporated based on information provided in the that collectively listed the 206 species all analysis, references, and petition and our current understanding for consideration and requested that the documentation provided by of the species. Service incorporate all analysis,

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references, and documentation provided We accessed the NatureServe database petitioner. For some species in by NatureServe in its online database on August 10, 2007. We saved NatureServe, there is a ‘‘Local into the petition. The information hardcopies of each species’ file and Programs’’ link to the Web Sites of the presented by NatureServe (http:// used this information, including State programs that contribute www.natureserve.org/) is found in peer- references cited within these files, information to NatureServe. We found reviewed professional journal articles during our review. Therefore, all this ‘‘Local Programs’’ link to have and is considered to be a reputable information we used from the species additional information for very few of source of scientific information. We files in NatureServe was current to that the 206 species. We reviewed judge this source to be reliable with date. All of the petitioned species were information in references cited in ranked by NatureServe as G1 (critically regard to the information it presents. NatureServe and information readily imperiled) or G1G2 (between critically However, NatureServe indicates on their available in our files that was directly imperiled and imperiled). relevant to the information raised in the Web Site that information in their We reviewed all references cited in database is not intended for determining the NatureServe database species files petition. whether species are warranted for that were available to us. Some We have already assessed 168 of the listing under the Act, and we found that literature cited was not readily available 206 species. This petition addresses the the information cited was limited in its through known sources, and we remaining 38 species, which are listed usefulness for this process. requested these directly from the below in Table 1.

TABLE 1—LIST OF 38 SPECIES INCLUDED IN THIS FINDING

Scientific name Common name Range Group

Species for which Substantial Information was not Pre- sented: Amnicola sp. 2 ...... duskysnail ...... ID, MT, WA ...... Mollusk. Camissonia exilis ...... Cottonwood Spring suncup ... AZ, UT ...... . Discus brunsoni ...... Lake disc ...... MT ...... Mollusk. gypsicola ...... Sunnyside green-gentian ...... NV, UT ...... Plant. Lomatium latilobum ...... Canyonlands lomatium ...... CO, UT ...... Plant. Lygodesmia doloresensis ...... Dolores River skeletonplant ... CO, UT ...... Plant. Oreohelix sp. 4 ...... Drummond mountainsnail ...... MT ...... Mollusk. Oreohelix amariradix ...... Bitterroot mountainsnail ...... MT ...... Mollusk. Oreohelix carinifera ...... Keeled mountainsnail ...... MT ...... Mollusk. Species for which Substantial Information was Presented: Abronia ammophila ...... Yellowstone sand verbena .... WY ...... Plant. Agrostis rossiae ...... Ross’ bentgrass ...... WY ...... Plant. Astragalus hamiltonii ...... Hamilton milkvetch ...... CO, UT ...... Plant. Astragalus iselyi ...... Isely milkvetch ...... UT ...... Plant. Astragalus microcymbus ...... Skiff milkvetch ...... CO ...... Plant. Astragalus proimanthus ...... Precocious milkvetch ...... WY ...... Plant. Astragalus sabulosus ...... Cisco milkvetch ...... UT ...... Plant. Astragalus schmolliae ...... Schmoll milkvetch ...... CO ...... Plant. Boechera (Arabis) pusilla ...... Fremont County rockcress ..... WY ...... Plant. Catinella gelida ...... Frigid ambersnail ...... IA, IL, IN, KY (Extirpated), MI, Mollusk. MO, MS, OH, SD, WI. Corispermum navicula ...... Boat-shaped bugseed ...... CO ...... Plant. Cryptantha semiglabra ...... Pine Springs cryptantha ...... AZ, UT ...... Plant. Draba weberi ...... Weber whitlowgrass ...... CO ...... Plant. Eriogonum brandegeei ...... Brandegee’s wild buckwheat CO ...... Plant. Eriogonum soredium ...... Frisco buckwheat ...... UT ...... Plant. Ironoquia plattensis ...... Platte River caddisfly ...... NE ...... Invertebrate. Lednia tumana ...... Meltwater lednian stonefly ..... CAN: MB USA: MT, ND, WA Invertebrate. Lepidium ostleri ...... Ostler’s peppergrass ...... UT ...... Plant. Lepidomeda copei ...... Northern leatherside Chub .... ID, NV, UT, WY ...... Fish. Lesquerella navajoensis ...... (No common name) ...... AZ, NM, NN, UT ...... Plant. Oreohelix sp. 3 ...... Bearmouth mountainsnail ...... MT ...... Mollusk. Oreohelix sp. 31 ...... Byrne Resort mountainsnail .. MT ...... Mollusk. Penstemon flowersii ...... Flowers penstemon ...... UT ...... Plant. Penstemon gibbensii ...... Gibben’s beardtongue ...... CO, UT, WY ...... Plant. Pyrgulopsis anguina ...... Longitudinal gland pyrg ...... NV, UT ...... Mollusk. Pyrgulopsis hamlinensis ...... Hamlin Valley pyrg ...... UT ...... Mollusk. Pyrgulopsis saxatilis ...... Sub-globose snake pyrg ...... UT ...... Mollusk. sarmentosum ...... Pale blue-eyed grass ...... ND, OR, WA ...... Plant. Trifolium friscanum ...... Frisco clover ...... UT ...... Plant.

Five-Factor Evaluation Endangered and Threatened Wildlife more of the five factors described in and Plants. A species, subspecies, or section 4(a)(1) of the Act: (A) The Section 4 of the Act (16 U.S.C. 1533) distinct population segment of present or threatened destruction, and its implementing regulations at 50 vertebrate taxa may be determined to be modification, or curtailment of its CFR 424 set forth the procedures for endangered or threatened due to one or habitat or range; (B) overutilization for adding species to the Federal Lists of

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commercial, recreational, scientific, or habitat or existing areas of occurrence. the requirements of the species, more educational purposes; (C) disease or These activities, which potentially occupied locations may be determined; predation; (D) the inadequacy of adversely affect water quality are however, the species is difficult to existing regulatory mechanisms; or (E) general, and no quantification, detect even when present and with other natural or manmade factors verification, or subsequent effect to the significant survey effort (Brunson 1956, affecting its continued existence. Listing species was presented. entire; Hendricks 2003b, p. 10). actions may be warranted based on any Factors B, C, D, and E: No information Factor A: Fire and subsequent talus of the above factors, singly or in was presented in the petition destabilization above and below the combination. concerning threats to this species from occupancy site of this species could Under the Act, a threatened species is the factors. threaten its habitat (Frest and Johannes defined as a species that is likely to Based on our evaluation of the 1995, p. 98), but substantial information become an endangered species within information provided in the petition on these potential threats was not the foreseeable future throughout all or and in our files, we have determined presented. Much of the Mission Range a significant portion of its range. An that the petition does not present has been logged, or is slated for logging, endangered species is defined as a substantial information to indicate that but this potential threat likely does not species that is in danger of extinction listing of Washington duskysnail may be affect the species because it is throughout all or a significant portion of warranted due to the present or associated with loose rock talus slopes its range. In making this 90-day finding, threatened destruction, modification, or that support lichens and mosses we evaluated whether information on curtailment of its habitat or range due to (Brunson 1956, p. 17), and low canopy each of the 38 species, as presented in activities affecting water quality. cover but not trees (Hendricks 2003b p. the petition and other information in Cammissonia exilis (Cottonwood Spring 9). Other snail species are found in duff our files is substantial, indicating that Suncup) at the sides of talus slides, but the lake listing any of the 38 species as disc has not been found in duff threatened or endangered may be Camissonia exilis is endemic to (Hendricks 2003a, p. 5). Livestock warranted. Our evaluation is presented gypsiferous soils in Kane County, , generally avoid unstable rocky slopes below. and Coconino and Mohave Counties, and, therefore, the species is not likely We separately addressed each species Arizona. The species is a narrow to be affected by them (Hendricks with respect to the five factors described endemic, which may affect its ability to 2003a, p. 5). A recreation trail exists at in section 4(a)(1) of the Act. For each persist when faced with habitat the site (Hendricks 2003a, p. 11), but species, we fully evaluated all reductions. Not much is known about effects related to it have not been information available to us through the this species. documented or linked to the species. Factor A: According to the NatureServe website, and in our files. Factors B, C, and D: No information Because so little information was NatureServe database, off-road vehicle (ORV) use and woodcutting are known was presented in the petition available in our files for these, typically concerning threats to this species from rare, species, we did not distinguish to occur at some sites occupied by the species; however, no quantification, the factors. between information obtained from the Factor E: The species has had a website and our files. verification, or effect to the species was presented. limited geographic range since 1948. Species for Which Substantial Factors B, C, D, and E: No information However, no information was presented Information Was Not Presented was presented in the petition either in NatureServe or the petition concerning threats to this species from indicating that a restricted range may be Amnicola sp. 2 (Washington a threat to the species. Duskysnail) the factors. Based on our evaluation of the Based on our evaluation of the Currently, three locations of the information provided in the petition information provided in the petition Washington duskysnail exist ƒ two in and in our files, we have determined and in our files, we have determined Washington and one in Montana. that the petition does not present that the petition does not present Washington duskysnail (Amnicola sp. 2) substantial information to indicate that substantial information to indicate that may be the same as a species included listing of Camissonia exilis may be listing of Discus brunsoni may be in a separate petition to list 32 species warranted due to the present or warranted due to the present or of mollusks, also called Washington threatened destruction, modification, or threatened destruction, modification, or duskysnail (Lyogyrus sp. 2). The curtailment of its habitat or range due to curtailment of its habitat or range due to historical range of Amnicola sp. 2 is ORV use or woodcutting. fire, talus destabilization, logging, hypothesized to include a larger area; livestock, recreational use, or due to the according to Frest and Johannes (1995, Discus brunsoni (Lake Disc) species’ restricted range. p. 158), the species is declining in The lake disc is a mollusk found only Frasera gypsicola (Sunnyside Green- populations and number of individuals; on the north shore of McDonald Lake in Gentian) however, this information is speculative the Mission Range, Lake County, because the authors based their analysis Montana. The species is a highly Frasera gypsicola grows on white of the species’ historical range on localized endemic. Limited survey calcareous barrens and Pleistocene geographic characteristics, not on actual information exists, and population spring-mounds in Millard County, Utah, survey data. trends are unknown. The species has and Nye and White Counties, . Factor A: According to the been consistently present at the location The White River Valley of Nevada NatureServe database, the species’ from 1948 to 1997 (Hendricks 2003a, p. contains 9 previously known sites survival is thought to be affected by 10). Although extensive surveys have (Smith 2000, p. 8) and 17 newly poor water quality associated with been performed, only 1 location of discovered sites (Forbis 2007, pp. 2–3). residential development, grazing, approximately 100 by 300 yards (91 by Populations include approximately logging, and intentional aquatic 274 meters) in size is known (Brunson 69,000 individuals on 321 hectares (ha) organism control activities and fish 1956, p. 17; Hendricks 2003a, pp. 9–11). (793 acres (ac)) (Smith 1994, p. 8). The reintroductions that occur in potential As additional information is gathered on size of the Utah population is unknown,

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but considered to be much smaller Factor D: The species is listed as that the petition does not present (England pers. comm. 2008). sensitive by the National Park Service, substantial information to indicate that Factor A: Potential threats include U.S. Forest Service, and BLM. Neither listing of Lygodesmia doloresensis may livestock trampling, road widening, the petition nor NatureServe present be warranted due to the present or seismic exploration, juniper cutting, and any information concerning the threatened destruction, modification, or agricultural or ORV use (Smith 2000, p. adequacy of this designation as a curtailment of its habitat or range 14). However, no evidence was regulatory mechanism. resulting from livestock grazing, road presented to indicate that any of these Factor E: No information was maintenance, or nonnative plants; or activities currently pose a threat to any presented in the petition concerning due to the inadequacy of existing of the known populations (Smith 2000, threats to this species from the factor. regulatory mechanisms. pp. 14–15). Based on our evaluation of the information provided in the petition Oreohelix sp. 4 (Drummond Factors B and C: No information was Mountainsnail) presented in the petition concerning and in our files, we have determined threats to this species from the factors. that the petition does not present The Drummond mountainsnail is an Factor D: The species is protected by substantial information to indicate that extremely rare, local endemic with one the State of Nevada, and is managed by listing of Lomatium latilobum may be small site known to persist, and an the Bureau of Land Management (BLM) warranted due to the present or uncertain historical distribution in as a sensitive species. Two Areas of threatened destruction, modification, or Granite and Powell Counties, Montana. Critical Environmental Concern have curtailment of its habitat or range Potentially, additional sites are been designated that include substantial resulting from ORV use, cattle grazing, occupied. According to Frest and habitat for the species (Forbis 2007, p. hikers, or mountain bikes; or due to the Johannes (1995, p. 116), the population 2). Neither the petition nor NatureServe inadequacy of existing regulatory trend is downward in number of sites present any information concerning the mechanisms. and individuals based on extirpation in previously-occupied areas; however, adequacy of this designation as a Lygodesmia doloresensis (Dolores River regulatory mechanism. this information is somewhat Skeletonplant) speculative because it is difficult to Factor E: The species may be sensitive Lygodesmia doloresensis is a narrow to climate-change-induced drought and survey for snails—they tend to be cyclic, endemic limited to the Dolores River depending on weather and other natural resulting habitat changes (Smith 2000, Canyon in Grand County, Utah, and p. 15); however, no information was factors. Mesa and San Miguel Counties in Factor A: According to the presented in the petition or exists in our , and one location outside the NatureServe database, human activities files to verify this. Dolores River Canyon in Rabbit Valley, such as logging, highway construction, Based on our evaluation of the Colorado. There are 17 known roadside spraying, and grazing information provided in the petition occurrences; 12 of these are in Colorado, potentially cause population declines, and in our files, we have determined although 2 are considered historical but no quantification, verification, or that the petition does not present because they have not been seen in over effect to the species was presented. substantial information to indicate that 20 years (Colorado Natural Heritage Factors B, C, and D: No information listing of Frasera gypsicola may be Program 2008b, p. 21). In Colorado, was presented in the petition warranted due to the present or population estimates are available for concerning threats to this species from threatened destruction, modification, or only 6 of the 12 occurrences, totaling the factors. curtailment of its habitat or range 2,580 plants (Colorado Natural Heritage Factor E: The species has a limited resulting from livestock trampling, road Program 2008b, p. 21). The remaining geographic range. However, no widening, seismic exploration, juniper occurrences occur along the Dolores information was presented either in cutting, and agricultural or ORV use; River in Utah, near the Colorado border. NatureServe or the petition indicating due to the inadequacy of existing The of L. doloresensis is that habitat disturbance caused by regulatory mechanisms; or due to other currently being reviewed (Tomb 1980, stochastic events, exacerbated by small natural or manmade factors affecting its pp. 48–50; Welsh et al. 2003, pp. 210– population sizes and a restricted range, continued existence. 211). may be a threat to the species. Lomatium latilobum (Canyonlands Factor A: According to the Based on our evaluation of the Lomatium) NatureServe database, potential threats information provided in the petition include livestock grazing, road and in our files, we have determined Lomatium latilobum is endemic to maintenance, and nonnative plants, but that the petition does not present sand substrates at low elevations in no quantification, verification, or effect substantial information to indicate that Grand and San Juan Counties, Utah, and to the species was presented. listing of the Drummond mountainsnail Mesa County, Colorado. There are 4,000 Factors B and C: No information was may be warranted due to the present or plants in 14 occurrences in Utah presented in the petition concerning threatened destruction, modification, or (Franklin 1995, appendix C) and 1,825 threats to this species from the factors. curtailment of its habitat or range plants in 5 occurrences in Colorado Factor D: The species is listed as resulting from logging, highway (Colorado Natural Heritage Program sensitive by BLM. Neither the petition construction, roadside spraying, or 2008a, p. 1). nor NatureServe present any grazing. Factor A: According to the information concerning the adequacy of Oreohelix amariradix (Bitterroot NatureServe database, potential threats this designation as a regulatory Mountainsnail) to the species include ORV use, cattle mechanism. grazing, hikers, and mountain bikes, but Factor E: No information was The Bitterroot mountainsnail is a no quantification, verification, or effects presented in the petition concerning local endemic with at least two known to the species were presented. threats to this species from the factor. occurrences in the Lolo Creek drainage Factors B and C: No information was Based on our evaluation of the in Missoula County, Montana. There presented in the petition concerning information provided in the petition appears to be inconsistency in threats to this species from the factors. and in our files, we have determined population and location information.

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Errors in locations and species road construction and maintenance Factor E: The references within the identification (confusion with other (Frest and Johannes 1995, pp. 105–106; NatureServe database indicated that Oreohelix species) cited in previous Hendricks 2003a, p. 26). However, no habitat- disturbance caused by reports bring into question range, threat, evidence exists to indicate that any of stochastic events, exacerbated by small and population trend information these activities currently pose a threat to population sizes and a restricted range, (Hendricks 2003a, pp. 21–22). any of the known populations or may do may be a threat to the species (Fertig According to Frest and Johannes (1995, so in the future. 2000a, p. 1; Whipple 2002, p. 260). p. 105), the species is possibly declining Factors B, C, and D: No information Based on our evaluation of the based on absolute numbers, number of was presented in the petition information provided in the petition known and potential sites, and known concerning threats to this species from and in our files, we have determined habitat loss; however, this information the factors. that the petition presents substantial information to indicate that listing of is speculative due to past Factor E: Factor A threats could be Abronia ammophila may be warranted misidentifications. exacerbated by recent drought. The Factor A: According to the due to the present or threatened species’ occupied and potential habitat NatureServe database, much of the destruction, modification, or and the type locality colony have been Bitterroot Mountains have been logged, curtailment of its habitat or range reduced (Frest and Johannes 1995, pp. followed by intensified grazing. resulting from recreational impacts. The 105–106; Hendricks 2003a, p. 26). Roadside spraying for weed control possible threats to the species may be However, neither NatureServe nor the could affect the species. Portions of the exacerbated by its small population size petition presented any information Lolo Pass and lower Lolo Creek area and a restricted range. indicating that this is a threat. were subject to fires in 1991 and 1993. Agrostis rossiae (Ross’ bentgrass) Highway improvements resulted in Based on our evaluation of the removal of extensive portions of the information provided in the petition Agrostis rossiae is endemic to the taluses in the Lolo Creek drainage. and in our files, we have determined Upper Geyser Basin of Yellowstone However, no evidence exists to indicate that the petition does not present National Park (Dorn 1980, p. 59; Clark that any of these activities currently substantial information to indicate that et al. 1989, p. 8), where four known pose a threat to any of the known listing of the keeled mountainsnail may populations exist (Fertig et al. 1994, populations. be warranted due to the present or unpaginated). The species occurs in Factors B, C, D, and E: No information threatened destruction, modification, or warm soils around hot springs and was presented in the petition curtailment of its habitat or range geysers (Fertig et al. 1994, unpaginated; concerning threats to this species from resulting from highway and urban Fertig 2000b, p. 2). In 1995, the total the factors. encroachment, grazing, logging, or road population was estimated at 5,000 to Based on our evaluation of the construction; or other natural or 7,500 individuals (Fertig 2000b, p. 2). information provided in the petition manmade factors affecting its continued However, the ephemeral nature of the and in our files, we have determined existence. thermal habitats occupied by this that the petition does not present Species for Which Substantial species may result in rapid population substantial information to indicate that Information Was Presented fluctuation, making estimates difficult listing of the Bitterroot mountainsnail (Fertig 2000b, p. 2). may be warranted due to the present or Abronia ammophila (Yellowstone Sand Factor A: Park visitor activity, through threatened destruction, modification, or Verbena) trampling, is cited as a threat to the curtailment of its habitat or range species (Fertig 2000b, p. 2). In addition, Abronia ammophila is endemic to resulting from logging, grazing, roadside invasion of Agrostis scabra (rough Yellowstone National Park (Fertig spraying, fires, or highway bentgrass), which may be facilitated by 2000a, p. 1; Whipple 2002, p. 257). The improvements. park visitors, may be reducing the one known population consists of three distribution of the species through Oreohelix carinifera (Keeled locations along Yellowstone Lake (Fertig displacement (Fertig 2000b, p. 2). Mountainsnail) 2000a, p. 1). Habitat for this species Factors B, C, and D: No information The keeled mountainsnail persists in consists of open, sandy, and sparsely was presented in the petition a portion of its type locality (area where vegetated shorelines, with the habitat concerning threats to this species from the species was first found and that is likely maintained by wave action or the factors. used to define the species’ habitat). Four erosion (Fertig 2000a, p. 1; Whipple Factor E: The changing thermal known sites exist near the Clark Fork 2002, p. 256). In 1998, the total activity in occupied areas may affect River in Powell County, Montana, population was conservatively habitat suitability for the species; one including a portion of the type locality. estimated at 8,325 plants, with 96 colony in Midway Geyser Basin was The species has been extirpated over percent of them in 1 location (Fertig extirpated in the 1980s, likely due to a parts of its range (Frest and Johannes 2000a. p. 2). Trend data are lacking change in soil temperature resulting 1995, p. 105), although shell remains (Fertig 1997, unpubl. data), but the plant from a change in geyser activity (Fertig can still be found, suggesting recent has been extirpated from at least one 2000b, p. 2). Small population sizes population declines (Frest and Johannes other known location as a result of within a very restricted range make A. 1995, p. 106). Limited survey human trampling associated with rossiae vulnerable to stochastic information or effort exists. No recreation (Fertig 1996, unpubl. data). extinction events (Dorn 1980, p. 59). published estimates of population size Factor A: Yellowstone Lake is a high- Based on our evaluation of the or relative abundance exist. use recreational area. Human impacts to information provided in the petition Factor A: The type locality has been the sandy habitats may pose a threat to and in our files, we have determined reduced by highway and urban the species (Whipple 2002, p. 267). that the petition presents substantial encroachment due to the expansion of Factors B, C, and D: No information information to indicate that listing of the City of Garrison, and additional was presented in the petition Agrostis rossiae may be warranted due threats cited as potentially affecting the concerning threats to this species from to the present or threatened destruction, species include grazing, logging, and the factors. modification, or curtailment of its

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habitat or range resulting from park deposits (BLM 2008a, pp. 3–50, 3–174; not-substantial finding on a petition to visitation and competition from Neese and Smith 1982; Heil and Melton list this species indicated that drought invasive species; and due to other 1995; BLM 2008, pp. 4–239 to 4–245). and herbivory could not be clearly natural or manmade factors affecting its ORV use and nonnative plants are shown to present a substantial threat to continued existence resulting from potential threats to the species (Heil and the species. thermal activity. Melton 1995, p. 16). However, four demographic Factor B, C, D, and E: No information monitoring plots show an overall Astragalus hamiltonii (Hamilton was presented in the petition decline in numbers. The decline milkvetch) concerning threats to this species from occurred from 1995 to 2002, and then a Astragalus hamiltonii is endemic to the factors. relatively stable trend occurred from low-elevation clay soils in Colorado and Based on our evaluation of the 2003 until 2007 (Denver Botanic Uintah County, Utah, where 10 element information provided in the petition Gardens 2007, p. 4). The cause of 1995 occurrences exist. Only one of these and in our files, we have determined to 2002 decline is unknown but may element occurrences exists in Colorado. that the petition presents substantial have been due to herbivory (Denver Element occurrences are part of information to indicate that listing of Botanic Gardens 2007, p. 7). scientific methodology established by Astragalus hamiltonii may be warranted Factors A, C, and E: A population Natural Heritage programs, and are the due to the present or threatened viability analysis conducted in 2007 spatial representation of a species destruction, modification, or predicted a loss of all four monitored population as documented through curtailment of its habitat or range populations by 2030 (Denver Botanic voucher specimens or other methods. resulting from energy exploration and Gardens, p. 7); the reasons for this Population estimates are 10,000 to development. predicted decline are undocumented, 15,000 individuals (Colorado Natural but potentially include lack of Heritage Program 2008c, p. 1). Astragalus iselyi (Isely milkvetch) precipitation, herbivory (primarily from Factor A: Energy exploration and Astragalus iselyi is endemic to low- rabbits), and episodic fruit production development are planned, and can elevation clay soils in Grand and San (Denver Botanic Gardens, p. 7). ORV use impact the landscape where Astragalus Juan Counties in southeastern Utah. The occurs within occupied habitat and hamiltonii exists (Neese and Smith species has a narrow range and a small could negatively impact habitat of A. 1982; Heil and Melton 1995; BLM 2008, population estimated at approximately microcymbus (Colorado Natural pp. 4–239 to 4–245). Oil and gas 2,500 individuals. Heritage Program 2008d, p. 3). geophysical exploration usually Factor A: Uranium mining was once Factors B and D: No information was involves either drilling holes and a threat, and uranium mining is again presented in the petition concerning detonating explosives, or using a proposed for the area and is a potential threats to this species from the factors. vibrating pad that is driven across an threat to the existing population Based on our evaluation of the area using heavy vehicles. The extent of (Franklin 2003 pp. 1, 2, 35, 46). ORV information provided in the petition impact from either exploration method use occurs within sites occupied by the and in our files, we have determined is unknown, but the vibrations and species and is a potential threat (Hreha that the petition presents substantial potential soil impacts may impact 1982, pp. 16–17; Franklin 2003, pp. 1, information to indicate that listing of habitat and any species in the area. Oil 2, 9, 37; Heil et al. 1991, p. 9; Thompson Astragalus microcymbus may be and gas development involves staging a 1987, p. 3). The species’ narrow range warranted due to the present or drilling rig, setting up additional and small population size renders it threatened destruction, modification, or equipment, and building roads to access vulnerable to any habitat disturbing curtailment of its habitat or range each site, which may fragment the activity (Franklin 2003, pp. 1, 2). resulting from ORV use; or due to other species’ habitat. Similarly, soil Factors B, C, D, and E: No information natural or manmade factors affecting its disturbance occurs in oil and gas fields was presented in the petition continued existence resulting from and would impact the habitat that lies concerning threats to this species from drought. within the footprint of well pads and the factors. roads, and areas disturbed during the Based on our evaluation of the Astragalus proimanthus (precocious development of that infrastructure. Any information provided in the petition milkvetch) soil that is moved may have a direct and in our files, we have determined Astragalus proimanthus is restricted impact on A. hamiltonii individuals that that the petition presents substantial to the bluffs of the Henry’s Fork River are present. Once a rig is in place, the information to indicate that listing of near McKinnon, Sweetwater County, drilling process creates vibrations that Astragalus iselyi may be warranted due (Roberts 1977, p. 63; WYNDD may impact habitat and any plants in to the present or threatened destruction, 2001, p. 2). The species’ global the area. Once a well has been drilled modification, or curtailment of its distribution is limited to less than 130 and is producing, energy companies habitat or range resulting from uranium ha (320 ac) on BLM land (WYNDD 2001, make regular trips to well pads to mining and possibly ORV use within pp. 2, 3). This milkvetch occurs in plant monitor production, conduct the occupied sites. communities on rocky clay and shale maintenance, or collect extracted soils along rims, bluffs, and rocky ridges resources. These regular trips may Astragalus microcymbus (Skiff (Fertig et al. 1994, unpaginated; disturb A. hamiltonii plants present at milkvetch) WYNDD 2001, p. 2). In 2000, the entire or near well pads and roads. The Astragalus microcymbus exists in 4 population was estimated at 10,500 to introduction and spread of nonnative element occurrences within a range of 13,000 individuals, a reduction from plants may result from energy about 24 kilometers (km) (15 miles (mi)) estimates in the 1980s of 22,000 to development activities, and this would that includes an estimated 10,322 40,000 individuals (WYNDD 2001, p. 3); negatively impact A. hamiltonii. Over individuals (Colorado Natural Heritage however, trend data are inconsistent 90 percent of the species’ population is Program 2008d, pp. 4–5). Its habitat is between monitoring plots (WYNDD associated with surface mineable found mainly on Federal land in a BLM 2001, p. 3). deposits of the Little Water, Spring Area of Critical Environmental Concern, Factor A: Purported threats to this Hollow, and Cow Wash Tar Sand and in a Colorado Natural Area. A 1994 species include road construction, ORV

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use, oil and gas exploration and that the petition presents substantial curtailment of its habitat or range development, garbage dumps, livestock information to indicate that listing of resulting from impacts of fire and grazing, and range improvement Astragalus sabulosus may be warranted nonnative invasions, and possibly road projects (WYNDD 2001, p. 3). While the due to the present or threatened construction and grazing; and due to impacts of these threats were not destruction, modification, or other natural or manmade factors quantified, the species is located in an curtailment of its habitat or range affecting its continued existence area incurring substantial energy resulting from energy exploration and resulting from drought. development (Fertig and Welp 2001, p. development. Boechera (formerly Arabis) pusilla 16). Impacts from energy development Astragalus schmolliae (Schmoll (Fremont County rockcress) to Astraglaus proimanthus are the same milkvetch) as shown under Factor A analysis for Boechera pusilla is known from one Astragalus hamiltonii above; activities Astragalus schmolliae is known only location in the southern Wind River are the same and would have the same from Chapin Mesa in Mesa Verde Range, Fremont County, Wyoming effect on each plant species. These National Park (MVNP) and the Ute (Fertig 2000c; p. 1; Heidel 2005, p. 6). threats exist within the habitat of A. Mountain Ute Reservation in The was changed from Arabis to proimanthus, and are acting on the Montezuma County, Colorado. The 6 Boechera in 2002 (Heidel 2005, p. 1). Its species to some degree. element occurrences include roughly habitat consists of crevices and sparsely Factors B, C, D, and E: No information 294,499 individuals, all of which are in vegetated granitic soils in granite- was presented in the petition MVNP (Colorado Natural Heritage pegmatite outcrops, at an elevation of concerning threats to this species from Program 2008e, pp. 8–9). Populations 2,438 to 2,469 meters (8,000 to 8,100 the factors. are likely to occur on the Ute Mountain feet) (Fertig 2000c, p. 1; Heidel 2005, Based on our evaluation of the Ute Reservation, but no survey data pp. 8–9). Population estimates have information provided in the petition exist from this location. varied from 800 to 1,000 individuals in and in our files, we have determined Factor A: A potential threat to the 1988, to 600 in 1990, to 100 to 150 that the petition presents substantial species is the invasion of nonnative plants in 2003 (Heidel 2005, p. 14). information to indicate that listing of species into burned areas it occupies. Occupied habitat is limited to 2.4 to 6.5 Astragalus proimanthus may be Carduus nutans (musk thistle) is ha (6 to 16 ac) (Dorn 1990, p. 8; Heidel warranted due to the present or particularly invasive in burned areas of 2005, p. 15), entirely on BLM land. The threatened destruction, modification, or southern MVNP, and has been observed Service previously identified B. pusilla curtailment of its habitat or range invading areas occupied by A. as a candidate species for listing as resulting from energy exploration and schmolliae (summarized in Anderson endangered in 1992 due to small development. 2004, p. 61). Bromus tectorum population numbers, restricted range, (cheatgrass) also is invading occupied recreational activities, and existence of Astragalus sabulosus (Cisco milkvetch) burned areas (Anderson 2004, pp. 60– six mining claims within the species’ Astragalus sabulosus is a narrow 61). The Chapin 5 fire in 1996, and the habitats. Due to conservation measures endemic found in five locations in Long Mesa Fire in 2002, impacted a implemented by the BLM, B. pusilla Grand County, Utah, that occur in a large portion of the occurrences in was withdrawn from candidate status in total area of approximately 320 ha (800 MVNP. Burning may not have 1999. It is currently unclear whether ac) (Atwood 1995, pp. 3, 4; Franklin significantly impacted plant mortality, conservation measures are adequate to 1988, p. 5). The species’ population size but long-term impacts of fire, such as protect the species. is highly variable from year to year nonnative invasion, are likely to cause Factor A: ORV use occurs in the depending, presumably, on winter and a decline in populations (Anderson habitat of this species, and is likely spring precipitation. The total 2004, pp. 60–61). Data on the species’ affecting the species to some extent population is an estimated 25,000 response to nonnative invasions since (Dorn 1990, p. 11; Fertig 2000c, p. 2; individuals (Atwood 1995, pp. 5–6). 2006 are not readily available. Visitor Heidel 2005, p. 17). Mining historically Factor A: Potential threats to the impacts to the species within MVNP are occurred in the area, but it is not clear species include ORV use, oil and gas localized and minimal, limited to if mining directly affected this species development, uranium mining, and trampling of an occasional plant (Heidel 2005, p. 17). natural gas development (Atwood 1995, growing adjacent to a trail or road Factors B, C, D, and E: No information pp. 7–9). Energy exploration and (Anderson 2004, p. 72). Outside MVNP was presented in the petition development and mining are planned in boundaries, threats from road concerning threats to this species from the population area, and can impact the construction and grazing may exist the factors. landscape where the species exists (O’Kane 1988, p. 444). Based on our evaluation of the (Atwood 1995, pp. 7–9). Impacts from Factors B, C, and D: No information information provided in the petition energy development to Astraglaus was presented in the petition and in our files, we have determined sabulosus are the same as shown under concerning threats to this species from that the petition presents substantial Factor A analysis for Astragalus the factors. information to indicate that listing of hamiltonii above; activities are the same Factor E: A. schmolliae has declined Boechera pusilla may be warranted due and would have the same effect on each 39 percent from 2001–2003; the decline to the present or threatened destruction, plant species. These threats exist within was attributed to drought (Anderson modification, or curtailment of its the habitat of A. sabulosus, and are 2004, p. 37 and Table 5). habitat or range resulting from ORV use. acting on the species to some degree. Based on our evaluation of the Factors B, C, D, and E: No information information provided in the petition Catinella gelida (Frigid ambersnail) was presented in the petition and in our files, we have determined The Frigid ambersnail is known from concerning threats to this species from that the petition presents substantial 14 sites in Iowa (Frest 1991, p. 17), 12 the factors. information to indicate that listing of sites in the Black Hills of South Dakota Based on our evaluation of the Astragalus schmolliae may be warranted (Frest and Johannes 2002, p. 74), and 19 information provided in the petition due to the present or threatened sites in Wisconsin (Nekola, 2003, p. 8). and in our files, we have determined destruction, modification, or According to the NatureServe database,

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the species is possibly extirpated in Corispermum navicula (boat-shaped resulting from livestock grazing and Missouri, Michigan, Indiana, Ohio, and bugseed) ORV use. Mississippi, and is presumed extirpated According to the NatureServe Draba weberi (Weber whitlowgrass) in Kentucky. The Frigid ambersnail database, the taxonomy of Corispermum could be a difficult species to sample One occurrence of Draba weberi was navicula is currently being questioned. recorded in 1969, in Summit County, because it is present in low densities, The only two element occurrences are and is typically located 3 to 15 Colorado, and this remains the only recorded in Jackson County, Colorado, known location. The number of plants centimeters (1 to 6 inches) beneath the and include an unknown number of talus field surface (Frest 1991, p. 16). appears to have diminished from about plants on two active sand dune 100 to 20 or 30 between the 1980s and While information presented in the 2 complexes covering about 15.5 km (6 2006 (Decker 2006, p. 3). petition was not substantial, we have 2 mi ); total occupied habitat is about 173 Factor A: The plants are found in sufficient information in our files ha (427 ac) (Colorado Natural Heritage shallow rock crevices easily accessed indicating that threats are impacting the Program 2008f, p. 12). from a parking lot that is a popular Frigid ambersnail (Ostlie 2009, pp. 49 Factor A: Heavy ORV use is allowed point of access for climbers, hikers, and and 50). As such, we have already on one of the two dune complexes, and backcountry skiers (Decker 2006, p. 20); initiated a status review on several has negatively impacted the species by this level of recreational activity is mollusk species, including this one. disturbing the habitat and destroying likely to result in trampling. The Factor A: The species may be found plants (Colorado Natural Heritage population depends on water flowing near roads, although this could be an Program 2008f, p. 12). from an outflow pipe below a dam that artifact of survey bias, and in areas Factors B, C, D, and E: No information enters a relatively natural creek bed; subject to livestock grazing and logging was presented in the petition under most circumstances, water flows disturbances (Frest and Johannes 1993, concerning threats to this species from from the outlet pipe into the stream p. 53; Frest and Johannes 2002, p. 73). the factors. channel (Decker 2006, p. 20). A Populations are small at all Iowa sites Based on our evaluation of the municipal water company owns the making the species more vulnerable to information provided in the petition property; road and dam construction and in our files, we have determined current threats of human and livestock and maintenance are potential threats to that the petition presents substantial trampling, and landslides (Frest 1991, p. the species (Decker 2006, p. 7). information to indicate that listing of 16; Frest and Johannes 1993, p. 53; Frest Factors B and C: No information was Corispermum navicula may be and Johannes 2002, p. 73). Wisconsin presented in the petition concerning warranted due to the present or sites could be disturbed by development threats to this species from the factors. threatened destruction, modification, or in the future (Nekola 2003, p. 21), but Factor D: The dam property owners curtailment of its habitat or range are aware of the plants and have no this threat is currently unsubstantiated. resulting from ORV use. Known South Dakota sites are located plans that would affect the habitat, but near highways and roads, and most are Cryptantha semiglabra (Pipe Springs no conservation plans or agreements subject to livestock trampling and cryptantha) have been developed; therefore, the effects of timber harvest (Frest and water flowing to the creek bed is not Cryptantha semiglabra is endemic to reliable (Decker 2006, pp. 7, 20). Johannes 2002, p. 73). clay soils in Washington County, Utah, Factor E: No information was Factors B, C, D, and E: No information and Coconino and Mohave Counties, presented in the petition concerning was presented in the petition Arizona. No population data are threats to this species from the factor. concerning threats to this species from currently available. Based on our evaluation of the the factors. Factor A: According to the information provided in the petition NatureServe database, all populations of The petition did not present and in our files, we have determined this species exist within 11 km (7 mi) substantial information regarding the that the petition presents substantial of Fredonia, Arizona, which is presence of the threats identified above. information to indicate that listing of undergoing expansion. As a result, C. Draba weberi may be warranted due to However, our files contain substantial semiglabra may be facing threats information indicating that the the present or threatened destruction, resulting from development, but this modification, or curtailment of its petitioned action may be warranted. potential threat has not been adequately Generally, land snail individuals and habitat or range resulting from identified by any source. The habitat of recreational activities, and possibly colonies are vulnerable to land-use the species is subject to disturbance activities related to road construction activities due to their small body size from garbage dumping, ORV use, and and dam maintenance. and specific habitat requirements. The trampling (AGFD 2004, p. 3). No species is State-listed as endangered in information was available concerning Eriogonum brandegeei (Brandegee’s Iowa, and as a Species of Special the status of this species in Utah. wild buckwheat) Concern in Wisconsin. Based on our Factors B, C, D, and E: No information Eight occurrences of Eriogonum identification of likely threats, and was presented in the petition brandegeei are currently considered indications that they are likely concerning threats to this species from extant, with an additional three impacting the species to some degree, the factors. considered historical because they have we have determined that substantial Based on our evaluation of the not been seen in over 20 years (Colorado information exists to indicate that information provided in the petition Natural Heritage Program 2008g, p. 15). listing of Frigid ambersnail may be and in our files, we have determined The habitat consists of barren outcrops warranted due to the present or that the petition presents substantial of white to grayish bentonite soils in threatened destruction, modification, or information to indicate that listing of Fremont and Chaffee Counties, curtailment of its habitat or range Cryptantha semiglabra may be Colorado. The 6 occurrences for which resulting from the effects from roads, warranted due to the present or we have plant estimates total 33,465 livestock trampling, and logging threatened destruction, modification, or individuals (Colorado Natural Heritage disturbances. curtailment of its habitat or range Program 2008g, p. 15), but some

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observer estimates have placed this Factor E: No information was Ironoquia plattensis (Platte River number much higher, up to several presented in the petition concerning caddisfly) million plants (Anderson 2006, pp. 3, threats to this species from the factor. The Platte River caddisfly is endemic 11). The species was made a candidate Based on our evaluation of the to an approximately 75-km (46-mi) information provided in the petition in 1993, but removed from candidate segment of the central Platte River that and in our files, we have determined status in 1996 (61 FR 7460) as a result extends from approximately Gibbon, that the petition presents substantial of additional information collected from Buffalo, and Kearney Counties, information to indicate that listing of survey work (Anderson 2006, p. 11). A Nebraska, to Central City, Merrick Eriogonum brandegeei may be conservation assessment was completed County, Nebraska, comprising warranted due to the present or for the species in 2006 by the Colorado approximately 63,940 ha (158,000 ac) threatened destruction, modification, or Natural Heritage Program (Anderson (Goldowitz 2004, p. 4). One population curtailment of its habitat or range 2006, entire). Population estimates in has likely been lost (Reins and Hoback resulting from recreational activities, the millions are noted in the 2008, p. 1). The species inhabits conservation assessment, and in our ORV use, development, and road construction; and due to the inadequacy intermittent wetland habitats that are removal of the species from candidate associated with the central Platte River. status, but we lack survey of existing regulatory mechanisms related to ORV use. Intermittent wetland hydrology is documentation of these higher affected by precipitation, periodic population estimates. Eriogonum soredium (Frisco buckwheat) flooding, and groundwater levels as Factor A: ORV and other recreational Eriogonum soredium is a narrow influenced by the nearby Platte River. uses threaten some occurrences of endemic with small populations Intermittent wetlands used by the Platte Eriogonum brandegeei, and curtailment (Evenden 1998, p. 5). The three element River caddisfly may contain water 75 to of these activities in plant occurrences occurrences are restricted to limestone 90 percent of the time, but can typically would likely provide the greatest outcrops on Grampian Hill in Beaver go dry during the summer (Goldowitz conservation benefit to the species County, Utah (Evenden 1998, appendix 2004, p. 2), and completely freeze over (Anderson 2006, p. 3). Residential and C). Estimates of the area of occupied during the winter (Alexander and commercial development has habitat of the species range from 70 ha Whiles 2000, p. 2). encroached on one of the healthiest (170 ac) (Evenden 1998, appendix C) to Factor A: Hydrologic regimes, which occurrences, and could affect most of 160 ha (400 ac) (Kass 1992, pp. 7–8). are increasingly altered by regulation of the species’ range in the future; road Estimates of the species’ total the Platte River for hydroelectric and construction related to increased population are 2,000 individuals (Kass agricultural purposes, influence the development creates an additional 1992, p. 8) to approximately 30,000 hydroperiod in intermittent wetlands threat to its habitat (Anderson 2006, p. individuals (Evenden 1998, appendix and, therefore, the abundance and 37). According to the NatureServe C). These numbers are only estimates distribution of the Platte River caddisfly database, timber thinning and extraction because approximately 90 percent of the and other macroinvertebrates that rely is expected to cause direct mortality of species’ habitat is on private land, and on this habitat (Goldowitz 2004, p. 2). plants, erosion, and invasion of access to these areas to survey for the For example, construction of nonnative plants; mining and oil and plant is limited. impoundments, dewatering the Platte gas development are potential activities Factor A: Mineralized limestone River for irrigation, installation of new in this area, but the possible effects have substrates that sustain the species were irrigation wells in the floodplain, land not been assessed; bentonite mining subject to habitat destruction from restoration and management projects, resulted in habitat destruction in the precious metals mining. Over 90 percent and channel modification pose threats past, but is not occurring now. of the species’ habitat is located on to the longevity of intermittent wetland Protection of plants is not considered lands having private, patented mining habitat utilized by the Platte River prior to right-of-way maintenance claims (Evenden 1998 p. 9; Kass 1992, caddisfly (Goldowitz 2004, p. 2). An because rights-of-way are outside the p. 9). This high-value substrate on increase in row crop agriculture or area assessed for project work; however, private lands to which we have no vegetation control can increase nutrient, this activity affects a small portion of access is likely to be impacted by toxic, and pesticide runoff that could the total population (Anderson 2006, p. continued mining, and the future of E. have direct or cumulative effects on the 39). Grazing is a small threat, and soredium on those lands is tenuous. A species; heavy grazing pressure in invasive nonnative species pose a high small portion of the species’ habitat may wetland and grassland habitats can but undocumented threat (Anderson exist on adjacent BLM land; however, result in removal and degradation of 2006, p. 39). we currently have no information on the wetland habitats critical for larval Factors B and C: No information was number of individuals or the magnitude development (Goldowitz 2004, p. 9). presented in the petition concerning of threats to the species on that land. Factors B, C, D, and E: No information threats to this species from the factor. Factors B, C, D, and E: No information was presented in the petition Factor D: Four of the eight was presented in the petition concerning threats to this species from occurrences are partially within two concerning threats to this species from the factors. BLM Areas of Critical Environmental the factors. Based on our evaluation of the Concern that also are State Natural Based on our evaluation of the information provided in the petition Areas. Neither the petition nor information provided in the petition and in our files, we have determined NatureServe present any information and in our files, we have determined that the petition presents substantial concerning the adequacy of these that the petition presents substantial information to indicate that listing of designations as a regulatory mechanism. information to indicate that listing of Platte River caddisfly may be warranted Some ORV route restrictions apply in Eriogonum soredium may be warranted due to the present or threatened these areas, but no restrictions apply to due to the present or threatened destruction, modification, or the remaining habitat, and therefore destruction, modification, or curtailment of its habitat or range ORV use poses a potential threat to the curtailment of its habitat or range resulting from construction of species and its habitat. resulting from mining activities. impoundments, dewatering the Platte

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River for irrigation, installation of new verification of their survey results has Factor A: According to the irrigation wells in the floodplain, land been made. NatureServe database, potential threats restoration and management projects, Factor A: Mineralized limestone to the species include habitat and channel modification. substrates that sustain the species were degradation, fragmentation, and loss subject to habitat destruction from from water developments (e.g., Lednia tumana (meltwater lednian precious metals mining. Over 90 percent stonefly) irrigation projects, dewatering); stream of the species’ habitat is located on alterations (e.g., channelization, The meltwater lednian stonefly is a lands having private, patented mining barriers); siltation; grazing; and narrow endemic found in two known claims (Evenden 1998 p. 9; Kass 1992, nonnative brown trout. The occurrences, both in Glacier National p. 9). This high-value substrate on conservation agreement further Park in Montana. No information exists private lands to which we have no describes these threats; surveys indicate to indicate that the species exists in access is likely to be impacted by that the species is declining due to other locations. The species is continued mining, and the future of L. fragmentation from human-caused associated with glacier melt-water ostleri on those lands is tenuous. A activities, including water diversions, streams. An extensive survey in 1979 small portion of the species’ habitat may nonnative species, and grazing (IDFG did not result in any additional exist on adjacent BLM land; however, 2005, p. 5; Appendix F, p. 26). occurrences (Baumann and Stewart we currently have no information on the Factors B, C, D, and E: No information 1980, p. 658). A 1980 survey showed number of individuals or the magnitude was presented in the petition moderate abundance (Baumann and of threats to the species on that land. concerning threats to this species from Stewart 1980, p. 658); no more refined Factors B, C, D, and E: No information the factors. quantification occurred and no further was presented in the petition Based on our evaluation of the information has been available. concerning threats to this species from information provided in the petition Factors A and E: Climate-change- the factors. and in our files, we have determined related ecosystem modeling predicts the Based on our evaluation of the that the petition presents substantial loss of glaciers in Glacier National Park information provided in the petition information to indicate that listing of by 2030 (Hall and Fagre 2003, p. 138). and in our files, we have determined northern leatherside chub may be This loss of glaciers could result in the that the petition presents substantial warranted due to the present or loss or significant reduction of glacier information to indicate that listing of threatened destruction, modification, or melt-water streams, resulting in reduced Lepidium ostleri may be warranted due curtailment of its habitat or range habitat for the meltwater lednian to the present or threatened destruction, resulting from water developments, stonefly. Glacier melt provides water modification, or curtailment of its stream alterations, livestock trampling, and temperature moderation in high habitat or range resulting from mining and nonnative brown trout. altitude streams. activities. Factors B, C, and D: No information Lepidomeda copei (northern leatherside Lesquerella navajoensis (no common was presented in the petition chub) name) concerning threats to this species from the factors. The northern leatherside chub’s Lesquerella navajoensis is endemic to Based on our evaluation of the historical range encompassed the Todilto limestone outcrops in Kane information provided in the petition northeastern margins of the Bonneville County, Utah; Apache County, Arizona; and in our files, we have determined Basin in Utah, , and Wyoming; the and McKinley County, . that the petition presents substantial Pacific Basin, Goose Creek, Wood and Little is known about populations or information to indicate that listing of Raft Rivers in Idaho and Nevada; and distribution of this species beyond the meltwater lednian stonefly may be the Snake River above Shoshone Falls in two known occurrences. warranted due to other natural or Idaho and Wyoming (UDWR 2009, p. Factor A: According to the manmade factors affecting its continued 28). The current range includes NatureServe database, mining is existence resulting from climate-change- fragmented populations in the Bear considered a threat to the species, induced glacier loss. River drainage, the Snake River outcrops of Todilto limestone are not drainage, and introduced populations in abundant in the area, and are actively Lepidium ostleri (Ostler’s peppergrass) the Colorado River Basin, including the mined in New Mexico for road base Lepidium ostleri is a narrow endemic Fremont River, Pleasant Creek, Dirty material. Habitat at one of the two with small populations (Evenden 1998, Devil River, and Quitchupah Creek in known population sites in New Mexico p. 5). The four element occurrences are Utah (UDWR 2009, p. 29). Some has been quarried, and the species exists restricted to limestone outcrops on taxonomic uncertainty exists; two there only on a narrow remnant of the Grampian Hill in Beaver County, Utah evolutionarily distinct species of mesa rim (New Mexico Rare Plant (Evenden 1998, appendix C). Estimates leatherside chub have recently been Technical Council 1999, Web site). No of occupied habitat within the species’ recognized (Johnson et al. 2004, pp. information on this species in Utah or range are 80 ha (200 ac) (Evenden 1998, 841–855; Belk et al. 2005, p. 182). This Arizona was available. appendix C) to 160 ha (400 ac) (Kass taxon was formerly considered to be Factors B, C, D, and E: No information 1992b, p. 7). Estimates of the species’ conspecific with the southern was presented in the petition total population are 700 individuals leatherside chub, and to be in the genus concerning threats to this species from (Kass 1992b, p. 8) to approximately Gila (as cited in IDFG 2005, Appendix the factors. 10,000 individuals (Evenden 1998, F, p. 25). A Conservation Agreement Based on our evaluation of the appendix C). These numbers are only and Strategy on the species in its information provided in the petition estimates because approximately 90 current range has recently been and in our files, we have determined percent of the species’ habitat is on finalized by a coalition of Federal and that the petition presents substantial private land, and access to these areas State agencies, and nongovernmental information to indicate that listing of to survey for the plant is limited. organizations; a technical team is Lesquerella navajoensis may be Population estimates from Evenden and assessing issues related to the northern warranted due to the present or Kass are more than a decade old, and no leatherside chub (UDWR 2009, entire). threatened destruction, modification, or

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curtailment of its habitat or range has occurred from recreational resort Colorado (Fertig 2000d, p. 2). Most of resulting from mining. activities, grazing, and highway the species’ known range exists in construction; however, uncertainty Wyoming, in Sweetwater and Carbon Oreohelix sp. 3 (bearmouth exists as to whether the species has been Counties, and encompasses mountainsnail) directly affected by recreational approximately 40 ha (100 ac) (Fertig The bearmouth mountainsnail is a activities and grazing. 2000d, p. 2). Habitat for this species is local endemic with one small site Factors B, C, D, and E: No information primarily sparsely vegetated shale or known in Granite and Powell Counties, was presented in the petition sandstone slopes (Fertig et al. 1994, Montana (Frest and Johannes 1995, p. concerning threats to this species from unpaginated; Fertig and Neighbors 1996, 115). The NatureServe database the factors. p. 109), associated with the Browns Park indicates that the species has been in Based on our evaluation of the Formation and Green River shale (Fertig decline in absolute numbers and information provided in the petition 2000d, p. 2). In Wyoming, four number of sites, potentially due to and in our files, we have determined populations are known (Fertig 2000d, p. human activities (Frest and Johannes that the petition presents substantial 2). Only one known population has 1995, p. 115); however, no population information to indicate that listing of been identified in Colorado, in Brown’s numbers were cited, and further Byrne Resort mountainsnail may be Park; this population extends into information has not been available since warranted due to the present or Daggett County, Utah (Fertig and 1995. threatened destruction, modification, or Neighbors 1996, p. 6). In 1995, 3 of the Factor A: According to the curtailment of its habitat or range Wyoming populations were estimated to NatureServe database, potential threats resulting from road construction. have a total population of 8,600 to 8,900 to the species’ habitat include talus plants, and a 1999 survey of the fourth Penstemon flowersii (flowers disturbance, and construction and Wyoming population resulted in an penstemon) maintenance of highways. Effects from estimated 4,500 to 5,000 plants (Fertig highways and associated frontage roads Penstemon flowersii is endemic to 2000d, p. 2). Long-term trend data are have impacted known sites (Frest and fine soils derived from the Uinta lacking (Fertig 2000d, p. 2). P. gibbensii Johannes 1995, p. 115). Grazing has Formation at low elevations in the Uinta was formerly designated as a C2 been cited as a potential threat (Frest Basin in Duchesne and Uintah Counties, candidate species for listing. The C2 and Johannes 1995, p. 115); however, Utah. Little is known about this species. designation was used for species for the species exists in rocky habitat not It is a narrow endemic, and all known which there was evidence of suited to livestock grazing. habitat is on private and Ute Tribe lands vulnerability, but for which the Service Factors B, C, D, and E: No information (Heil and Melton 1995, pp. 8–10). Heil lacked sufficient biological data to was presented in the petition and Melton (1995, p. 13) estimate the support a listing proposal. In 1996, the concerning threats to this species from species population at 15,000 to 20,000 Service ceased using the C2 designation the factors. individuals. (61 FR 64481; December 5, 1996). Based on our evaluation of the Factor A: The species is impacted by Factor A: Potential threats to the information provided in the petition ORV use (Heil and Melton 1995, p. 15). species include habitat loss and and in our files, we have determined Energy exploration and development are degradation resulting from land uses that the petition presents substantial planned in the landscape where that cause soil erosion, particularly information to indicate that listing of Penstemon flowersii exists (Heil and grazing, mineral development (primarily bearmouth mountainsnail may be Melton 1995, pp. 15–16). Impacts from oil and gas exploration), and recreation warranted due to the present or energy development to A. flowersii are (Fertig and Neighbors 1996, pp. 19–20; threatened destruction, modification, or the same as shown under Factor A Fertig 2000d, p. 3). Grazing is the curtailment of its habitat or range analysis for Astragalus hamiltonii primary threat to the species (WYNDD resulting from highways and associated above; activities are the same and would 2000, p. 27). ORV use affects the activities. have the same effect on each plant species; although it may colonize disturbed areas at the margins, it cannot Oreohelix sp. 31 (Byrne Resort species. These threats exist within the become established where direct vehicle mountainsnail) habitat of P. flowersii, and are acting on the species to some degree. use occurs (WYNDD 2000, p. 28). Oil The Byrne Resort mountainsnail is a Factors B, C, D, and E: No information and gas development has increased local endemic known only in one site in was presented in the petition greatly in the species’ habitat in recent the Clark Fork River Valley in Granite concerning threats to this species from years (WYNDD 2000, p. 27). The County, Montana. Additional the factors. magnitude of effects from energy occurrences may exist on neighboring Based on our evaluation of the development is unknown, because the national forest land, but survey information provided in the petition species tends to occur on slopes that are information is not available. Based on and in our files, we have determined too unstable to support oil drilling survey data, previously known sites that the petition presents substantial platforms (Fertig and Neighbors 1996, p. have been extirpated, and a decline of information to indicate that listing of 20). populations and absolute numbers has Penstemon flowersii may be warranted Factors B, C, and D: No information occurred (Frest and Johannes 1995, p. due to the present or threatened was presented in the petition 140). destruction, modification, or concerning threats to this species from Factor A: The species occurs at the curtailment of its habitat or range the factors. base of talus sites that are subject to resulting from ORV use and energy Factor E: According to the references removal for road construction and fill. exploration and development. contained in NatureServe, drought may Effects from highways and associated be a threat to the species (WYNDD 2000, frontage roads have impacted known Penstemon gibbensii (Gibben’s pp. 3, 28). occurrence sites, resulting in extirpation beardtongue) Based on our evaluation of the at some sites (Frest and Johannes 1995, Penstemon gibbensii is endemic to information provided in the petition p. 140). According to the NatureServe south-central Wyoming and adjacent and in our files, we have determined database, extensive alteration of the area northeastern Utah, and northwestern that the petition presents substantial

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information to indicate that listing of of Utah 2007, p. 88) and habitat changes Based on our evaluation of the Penstemon gibbensii may be warranted (e.g., reduction in spring discharge) that information provided in the petition due to the present or threatened may result from climate change or and in our files, we have determined destruction, modification, or groundwater contamination from that the petition presents substantial curtailment of its habitat or range several sources, including water filings information to indicate that listing of resulting from energy exploration and by the Central Iron County Water sub-globose snake pyrg may be development, livestock grazing, and Conservancy District in Utah, and warranted due to the present or ORV use. Southern Nevada Water Authority threatened destruction, modification, or projects in the Snake and Spring Valleys curtailment of its habitat or range Pyrgulopsis anguina (longitudinal gland (Congdon 2006, pp. 3, 15; Elliot et al. resulting from spring diversions, pyrg) 2006, pp. 44, 157). These threats exist livestock trampling, roads, and The longitudinal gland pyrg is a within the habitat of the Hamlin Valley development; and due to other natural freshwater snail endemic to Snake pyrg, and are acting on the species to or manmade factors affecting its Valley, a large valley that straddles the some degree. continued existence resulting from Nevada-Utah border (Hershler 1998, p. Factors B, C, and D: No information drought and effects of climate change. 110). This species is known from spring was presented in the petition systems in White Pine County, Nevada, concerning threats to this species from Sisyrinchium sarmentosum (Pale blue- and Millard County, Utah (Hershler the factors. eyed grass) 1998, p. 111; Bio-West 2007, pp. 86–87). Based on our evaluation of the Sisyrinchium sarmentosum is a Factors A and E: Bio-West (2007, p. information provided in the petition narrow endemic that exists in Klickitat 91) characterized disturbances at and in our files, we have determined and Skamania Counties in southcentral species’ sites (spring diversion, that the petition presents substantial Washington, and Clackamas County in domestic livestock grazing, impacts information to indicate that listing of northern . Records of this plant from roads and residences, drought) as Hamlin Valley pyrg may be warranted existing in North Dakota are suspect, moderate to high in 2007. Additional due to the present or threatened and likely inaccurate. According to the potential threats include agricultural destruction, modification, or NatureServe database, the species is development (State of Utah 2007, p. 88) curtailment of its habitat or range currently known from about 18 and habitat changes (e.g., reduction in resulting from spring diversions, occurrences, and the total number of spring discharge) that may result from livestock trampling, roads, and individuals is thought to be 5,000 to climate change or groundwater development; and due to other natural 7,000. The species is listed as withdrawal by the Southern Nevada or manmade factors affecting its threatened by Washington State (WNHP Water Authority in Snake and Spring continued existence resulting from 2009, Web site). Insufficient historical Valleys (Congdon 2006, pp. 3, 15; Elliot drought and effects of climate change. data exist to determine an overall trend et al. 2006, pp. 44, 157). Pyrgulopsis saxatilis (sub-globose snake in species abundance and distribution. Factors B, C, and D: No information Factor A: According to the pyrg) was presented in the petition NatureServe database, the species has concerning threats to this species from The sub-globose snake pyrg is a shown some ability to withstand the factors. freshwater snail that is a narrow disturbance, but development and Based on our evaluation of the endemic known from one spring in agricultural activities have limited the information provided in the petition Millard County, Utah. amount of suitable habitat. The smaller and in our files, we have determined Factors A and E: Herschler (1998, p. occurrences are probably threatened by that the petition presents substantial 105) characterized disturbances at plant succession leading to canopy information to indicate that listing of springs inhabitated by freshwater snails closure (Thomas 2009, pers. comm.). longitudinal gland pyrg may be throughout the region, including the Some degree of threat may be posed by warranted due to the present or sub-globose snake pyrg, as including ORV use of the meadows where the threatened destruction, modification, or spring diversion, domestic livestock species occurs (Thomas 2009, pers. curtailment of its habitat or range grazing, impacts from roads and comm.). resulting from spring diversions, residences, and drought. Additional Factor B: No information was livestock trampling, roads, and potential threats include agricultural presented in the petition concerning development; and due to other natural development (State of Utah 2007, p. 88), threats to this species from the factor. or manmade factors affecting its the presence of the invasive mollusk Factor C: Grazing directly impacts the continued existence resulting from Melanoides, and habitat changes (e.g., plant’s ability to reproduce by seed and, drought and effects of climate change. reduction in spring discharge) that may therefore, to broaden its genetic result from climate change or variability by reproduction through Pyrgulopsis hamlinensis (Hamlin Valley groundwater contamination from cross-pollination with other plants pyrg) several sources, including water filings (Thomas 2009, pers. comm.). When The Hamlin Valley pyrg is a by the Central Iron County water seeds are consumed by grazing animals, freshwater snail that is a narrow Conservancy District in Utah, and the plant shifts its reproductive strategy endemic found in only one location in Southern Nevada Water Authority to vegetative reproduction. Vegetative Beaver County, Utah. projects in the Snake and Spring Valleys reproduction narrows the genetic Factors A and E: Herschler (1998, p. (Congdon 2006, pp. 3, 15; Elliot et al. makeup of plants, and the species does 105) characterized disturbances at 2006, pp. 44, 157). These threats exist not benefit from cross pollination with springs inhabitated by freshwater snails within the habitat of the sub-globose other neighboring plants. throughout the region, including snake pyrg, and are acting on the Factor D: No information was Hamlin Valley pyrg, as including spring species to some degree. presented in the petition concerning diversion, domestic livestock grazing, Factors B, C, and D: No information threats to this species from the factor. impacts from roads and residences, and was presented in the petition Factor E: The species is threatened by drought. Additional potential threats concerning threats to this species from a genetic bottleneck and reduction in include agricultural development (State the factors. genetic flow, leading to reduced genetic

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variation (Thomas 2009, pers. comm.). literature cited in the petition, and we Dated: August 6, 2009. Because of the reduction in genetic have evaluated the information to Jerome Ford, exchange it faces in the wild, the determine whether the sources cited Acting Director, U.S. Fish and Wildlife species is less capable of withstanding support the claims made in the petition Service. other environmental stressors like relating to the five listing factors. We [FR Doc. E9–19494 Filed 8–17–09; 8:45 am] drought, or climate change (Thomas also reviewed reliable information in BILLING CODE 4310–55–P 2009, pers. comm.). our files. Based on our evaluation of the We find that the petition does not information provided in the petition present substantial information that DEPARTMENT OF THE INTERIOR and in our files, we have determined listing may be warranted for nine that the petition presents substantial species: Washington duskysnail Fish and Wildlife Service information to indicate that listing of (Amnicola sp. 2), Camissonia exilis Sisyrinchium sarmentosum may be (Cottonwood Spring suncup), lake disc 50 CFR Part 17 warranted due to the present or (Discus brunsoni), Frasera gypsicola threatened destruction, modification, or [Docket No. FWS–R8–ES–2009–0044; (Sunnyside green-gentian), Lomatium 92210–1117–0000–FY09–B4] curtailment of its habitat or range latilobum (Canyonlands lomatium), resulting from development, livestock Lygodesmia doloresensis (Dolores river RIN 1018–AU23 trampling, plant succession, and skeletonplant), Drummond possibly ORV use; and due to other mountainsnail (Oreohelix sp. 4), Endangered and Threatened Wildlife natural or manmade factors affecting its Bitterroot mountainsnail (Oreohelix and Plants; Designation of Critical continued existence resulting from amariradix), and keeled mountainsnail Habitat for the Sonoma County Distinct genetic reduction, drought, and effects (Oreohelix carinifera). Population Segment of California Tiger of climate change. We find that the petition presents Salamander (Ambystoma Trifolium friscanum (Frisco clover) substantial scientific or commercial californiense) Trifolium friscanum is a narrow information that listing the remaining AGENCY: Fish and Wildlife Service, endemic with small populations 29 of the 38 species that we evaluated Interior. as threatened or endangered under the (Evenden 1998, p. 6). The two element ACTION: Proposed rule; public hearing occurrences are restricted to limestone Act may be warranted. Therefore, we are announcement. outcrops on Grampian Hill in Beaver initiating a status review to determine County, Utah (Evenden 1998, appendix whether listing these 29 species under SUMMARY: We, the U.S. Fish and C), and in the nearby Tunnel Spring the Act is warranted. Wildlife Service (Service), propose to Mountains (Evenden 1999, pp. 6–7). We previously determined that designate critical habitat for the Sonoma Estimates of the area of occupied habitat emergency listing of any of the 38 County distinct population segment vary from 30 ha (75 ac) (Evenden 1998, species is not warranted. However, if at (DPS) of the California tiger salamander appendix C; Evenden 1999, appendix B) any time we determine that emergency (Ambystoma californiense) under the to 225 ha (560 ac) (Kass 1992, pp. 7–8). listing of any of the species is Endangered Species Act of 1973, as Estimates of the species’ total warranted, we will initiate an amended (Act). In total, approximately population vary from 2,000 individuals emergency listing. 74,223 acres (30,037 hectares) are being (Kass 1992, p. 7) to approximately 3,500 The petitioners also request that proposed for designation as critical individuals (Evenden 1998, appendix C; critical habitat be designated for the habitat. The proposed critical habitat is Evenden 1999, appendix B). species concurrent with final listing located in Sonoma County, California. Factor A: Mineralized limestone under the Act. If we determine in our DATES: We will accept comments substrates that sustain the species were 12-month finding, following the status received or postmarked on or before historically subjected to habitat review of the species, that listing is October 19, 2009. We must receive destruction from precious metals warranted, we will address the requests for public hearings, in writing, mining. Over 80 percent of the species’ designation of critical habitat in the at the address shown in FOR FURTHER habitat is located on lands having subsequent proposed rule. INFORMATION CONTACT by October 2, private, patented mining claims 2009. (Evenden 1998, p. 9; Kass 1992, p. 9). References Cited Factors B, C, D, and E: No information ADDRESSES: You may submit comments A complete list of references cited is was presented in the petition by one of the following methods: available on the Internet at Docket No. • concerning threats to this species from Federal eRulemaking Portal: http:// FWS–R2–ES–2008–0131 at http:// the factors. www.regulations.gov. Follow the Based on our evaluation of the www.regulations.gov and upon request instructions for submitting comments to information provided in the petition from the Mountain-Prairie Region Docket No. FWS–R8–ES–2009–0044. and in our files, we have determined Ecological Services Office (see • U.S. mail or hand-delivery: Public that the petition presents substantial ADDRESSES). Comments Processing, Attn: FWS–R8– information to indicate that listing of Author ES–2009–0044; Division of Policy and Trifolium friscanum may be warranted Directives Management; U.S. Fish and due to the present or threatened The primary authors of this document Wildlife Service; 4401 N. Fairfax Drive, destruction, modification, or are the staff members of the Mountain- Suite 222; Arlington, VA 22203. curtailment of its habitat or range Prairie Region Ecological Services We will not accept e-mail or faxes. We resulting from mining. Offices (see ADDRESSES). will post all comments on http:// Authority www.regulations.gov. This generally Finding means that we will post any personal We reviewed and evaluated 38 of the The authority for this action is the information you provide us (see the 206 petitioned species, based on the Endangered Species Act of 1973, as Public Comments section below for information in the petition and the amended (U.S.C. 1531 et seq.). more information).

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