Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Proposed Rules 30757

The Pacific Junction allotment was following words in the body of the DEPARTMENT OF THE INTERIOR added to the FM Table of Allotment in message, ‘‘get form.’’ A sample form and 2000. See 65 FR 41377, published July directions will be sent in response. Fish and Wildlife Service 5, 2000. However, the allotment was For Paper Filers: Parties who choose later removed as a result of MB Docket 50 CFR Part 17 to file by paper must file an original and 05–210. See 71 FR 76208, published four copies of each filing. If more than [Docket No. FWS-R2-ES-2008-0114] December 20, 2006. In this regard, [92220-1113-0000; ABC Code: C5] Channel 299A was included in Auction one docket or rulemaking number appears in the caption of this 37 and acquired by Connoisseur Media, Endangered and Threatened Wildlife LLC as the winning bidder. proceeding, filers must submit two and Plants; 12-Month Finding on a The complete text of this decision additional copies for each additional Petition to Delist Cirsium vinaceum may also be purchased from the docket or rule making number. (Sacramento Mountains thistle) Commission’s copy contractor, Best Filings can be sent by hand or Copy and Printing, Inc., 445 12th Street, messenger delivery, by commercial AGENCY: Fish and Wildlife Service, SW, Room CY–B402, Washington, DC overnight courier, or by first–class or Interior. 20554, 800–378–3160 or via the overnight U.S. Postal Service mail ACTION: Notice of 12–month petition company’s website, http:// (although we continue to experience finding. www.bcpiweb.com. delays in receiving U.S. Postal Service This document does not contain SUMMARY: We, the U.S. Fish and proposed information collection mail). All filings must be addressed to Wildlife Service, announce a 12–month requirements subject to the Paperwork the Commission’s Secretary, Office of finding on a petition to remove Cirsium Reduction Act of 1995, Public Law 104– the Secretary, Federal Communications vinaceum (Sacramento Mountains 13. In addition, therefore, it does not Commission. thistle) from the Federal List of contain any proposed information • The Commission’s contractor will Threatened and Endangered Plants collection burden ‘‘for small business receive hand–delivered or messenger– under the Endangered Species Act. concerns with fewer than 25 delivered paper filings for the After reviewing the best scientific and employees,’’ pursuant to the Small Commission’s Secretary at 236 commercial information available, we Business Paperwork Relief Act of 2002, Massachusetts Avenue, NE, Suite 110, find that delisting C. vinaceum is not Public Law 107–198, see 44 U.S.C. Washington, DC 20002. The filing hours warranted. However, we ask the public 3506(c)(4). at this location are 8:00 a.m. to 7:00 p.m. to submit to us any new information Provisions of the Regulatory All hand deliveries must be held that becomes available concerning the Flexibility Act of 1980 does not apply status of, or threats to, the species or its together with rubber bands or fasteners. to this proceeding. habitats at any time. This information Any envelope must be disposed of Pursuant to sections 1.415 and 1.419 will help us monitor and encourage the before entering the building. of the Commission’s rules, 47 CFR §§ conservation of this species. • 1.415, 1.419, interested parties may file Commercial overnight mail (other DATES: The finding announced in this comments and reply comments on or than U.S. Postal Service Express Mail document was made on June 2, 2010. before the dates indicated on the first and Priority Mail) must be sent to 9300 ADDRESSES: page of this document. Comment may This finding is available on East Hampton Drive, Capitol Heights, the Internet at http:// be filed using: (1) the Commission’s MD 20743. Electronic Comment Filing System www.regulations.gov at Docket # FWS- • U.S. Postal Service first–class, (ECFS), (2) the Federal Government’s R2-ES-2008-0114 and http:// eRulemaking Portal, or (3) by filing Express, and Priority mail must be www.fws.gov/New Mexico. Supporting paper copies. See Electronic Filing of addressed to 445 12th Street, SW, documentation we used to prepare this Documents in Rulemaking Proceedings, Washington, DC 20554. finding is available for public 63 FR 24121 (1988). People with Disabilities: To request inspection, by appointment, during Electronic Filers: Comments may be materials in accessible formats for normal business hours at the U.S. Fish and Wildlife Service, New Mexico filed electronically using the Internet by people with disabilities (Braille, large Ecological Services Office, 2105 Osuna accessing the ECFS: http:// print, electronic files, audio format), www.fcc.gov/cgb/ecfs/ or the Federal NE, Albuquerque, NM 87113; telephone send an e–mail to [email protected] or call (505) 346-2525; facsimile (505) 346- eRulemaking Portal: http:// the Consumer & Government Affairs www.regulations.gov. For submitting 2542. Please submit any new Bureau at 202–418–0530 (voice) , 202– information, materials, comments, or comments, filers should follow the 418–0432 (tty). instructions provided on the website. questions concerning this finding to the For ECFS filer, if multiple docket or Federal Communications Commission. above address. rulemaking numbers appear in the John A. Karousos, FOR FURTHER INFORMATION CONTACT: ‘‘ ’’ caption of this proceeding, filer must Assistant Chief, Audio Division, Media Wally J Murphy, Field Supervisor, transmit one electronic copy of the Bureau. New Mexico Ecological Services Field comments for each docket or Office (see ADDRESSES). If you use a rulemaking number referenced in the [FR Doc. 2010–13135 Filed 6–1–10; 8:45 am] telecommunications device for the deaf caption. In completing the transmittal BILLING CODE 6712–01–S (TDD), call the Federal Information screen, filers should include their full Relay Service (FIRS) at 800–877–8339. name, U.S. Postal Service mailing SUPPLEMENTARY INFORMATION: address, and the applicable docket or rulemaking number. Parties may also Background submit an electronic comment by Section 4(b)(3)(A) of the Endangered Internet e–mail. To get filing Species Act of 1973, as amended (Act; instructions, filers should send an e– 16 U.S.C. 1531 et seq.) requires that we mail to [email protected], and include the make a finding on whether a petition to

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list, delist, or reclassify a species Commissioners of Otero County, New conspecific pollen is pollen from other presents substantial information to Mexico, to delist Cirsium vinaceum. On individuals of the same species, and indicate the petitioned action may be August 31, 2007, the Service when deposited on the stigma structures warranted. Section 4(b)(3)(B) of the Act acknowledged receipt of Otero County’s of flowers, can successfully fertilize that requires that within 12 months after complete petition. On November 6, flower. Burks found that there was more receiving a petition to revise the Lists of 2008, we published a 90–day finding conspecific pollen on the stigmas of Threatened and Endangered Wildlife with the conclusion that the petition flowers in larger sites than in smaller and Plants (Lists) that contains and information in our files presented sites simply as a function of there being substantial information indicating that substantial information indicating that more C. vinaceum individuals in the the petitioned action may be warranted, delisting C. vinaceum may be warranted area. This suggests that larger sites have the Secretary shall make one of the (73 FR 66003). That document also a better chance of receiving enough of following findings: (a) The petitioned initiated a review of the species’ status the appropriate type of pollen to ensure action is not warranted; (b) the within its range. successful fertilization and persistence petitioned action is warranted; or (c) the of that site. Species and Habitat Information petitioned action is warranted but Cirsium vinaceum is an obligate precluded by pending proposals to E.O. Wooton and P.C. Standley first wetland species that requires saturated determine whether any species is an described Cirsium vinaceum in 1913, soils with surface or subsurface water endangered or threatened species as and originally named it Carduus flow. Cirsium vinaceum habitats occur long as expeditious progress is being vinaceus, in accordance with generic in mixed conifer forests and open made to add qualified species to, and concepts at that time. In 1915, Wooten valleys. Waters at these sites are rich in remove species from, the Lists. Such and Standley combined the thistle with calcium carbonate, from limestone 12–month findings are to be published Cirsium, a common genus in the New sources, that often precipitates out to promptly in the Federal Register. Mexico flora. create large areas of travertine (calcium Cirsium vinaceum is a stout plant, 3.3 carbonate) deposits, which occasionally Previous Federal Actions to 5.9 feet (ft) (1 to 1.8 meters (m)) tall become large bluffs or hills. Travertine The U.S. Fish and Wildlife Service when mature. Cirsium vinaceum stems deposits are the most common habitat of (Service) proposed to list Cirsium are brown-purple and highly branched. the species. vinaceum as a threatened species with The basal leaves are green, 12 to 20 critical habitat under the Act on May 16, inches (in) (30 to 50 centimeters (cm)) Distribution and Range 1984 (49 FR 20735), and listed the long, and up to 8 in (20 cm) wide, with Cirsium vinaceum occurs in Otero species on June 16, 1987 (52 FR 22933). ragged edges. Cirsium vinaceum is a County, New Mexico, mostly on the A recovery plan for C. vinaceum was short-lived perennial. It lives as a rosette eastern slope of the Sacramento signed on September 27, 1993. The (a circular arrangement of leaves close Mountains, with a few sites on the proposed critical habitat rule was not to the ground) for one or more years, western slope. The range extends from adopted in the final determination to and eventually a stem bolts upward about 6 miles (mi) (10 kilometers (km)) list C. vinaceum as a threatened species. producing flower and seed. Flowering, northeast to about 17 mi (27 km) south The proposed critical habitat rule was the vehicle for reproduction, occurs of Cloudcroft in an area of about 150 withdrawn, because the initial area only once, from late June through square mi (390 square km) (Service proposed was considered too large to be August, when pink-purple flower heads 1993, p. 3). Plants occur in meadows essential for C. vinaceum’s form at the tips of stems. and partly shaded forested areas in the conservation; the secondary option of Seeds are usually produced through mixed conifer zone at 7,500–9,200 ft designating small, separated parcels cross-pollination, a form of sexual (2,300–2.743 m) (USFS 2003, p. 42). around each population was deemed reproduction requiring genes from 2 or More than 95 percent of the known not prudent because of the potential for more separate Cirsium vinaceum Cirsium vinaceum sites occur on the vandalism and the absence of net individuals; however, this species is Lincoln National Forest. There are two benefit to the species (52 FR 22935). capable of reproducing asexually, using additional C. vinaceum sites near the On April 30, 2004, we received a genetic material from a single individual southern boundary of the Mescalero petition from Mr. Doug Moore, County to produce a clone. Pollen is carried by Apache Reservation, and one known Commissioner of Otero County, New a variety of animal vectors, including site on a private property seep in Mexico, to delist Cirsium vinaceum. In several species of native bees, flies, Fresnal Canyon that is visible from State response to the petitioner’s request to butterflies, and hummingbirds Highway 82 (Sivinski 2006, pp. 8-9). delist C. vinaceum, we sent a letter to (Tepedino 2002, pp. III.5-7). Burks The extent of C. vinaceum habitat on the petitioner dated August 31, 2005, (1994, pp. 72-78) studied pollen private property inholdings (privately explaining that the Service would movement between C. vinaceum flowers owned land within the boundaries of a review the petition and information in and found that native bees were less protected area that is federally or our files and determine whether or not active as pollinators in small sites publicly owned) within the Lincoln the petition presents substantial (fewer than 100 flowering individuals) National Forest is unknown. information indicating that delisting C. than in large sites (greater than 1,000 Craddock and Huenneke (1997, p. vinaceum may be warranted. We flowering individuals), although she 218) studied water dispersal of seed and concluded in our 90–day finding that concluded that this disparity did not determined that resultant Cirsium the information presented in the limit the overall reproductive success of vinaceum establishment in streamside petition and information in our files was smaller sites. Burks did find, however, habitats was sufficient to genetically not substantial to indicate that delisting that the reproductive success of smaller link some discrete patches of plants. the species may be warranted; however, sites may be limited by the relative They also found C. vinaceum seed on the Service initiated a 5–year status abundance of heterospecific versus the surface of snow and hypothesized review of the species (71 FR 70479; conspecific pollen on stigmas. that snowpack may provide large areas December 5, 2006). Heterospecific pollen is pollen from of smooth, unobstructed surface for On August 13, 2007, we received a other species and does not lead to wind transport of seed to adjacent C. petition from the Board of County successful fertilization, whereas vinaceum patches. Burks (1994, pp. 75-

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77) states that discrete patches of C. of the species, sites vary in size from 5 p. 4). The 1987 description of C. vinaceum sites, interconnected by square m (54 square ft) to several vinaceum as occurring in 20 pollen and seed dispersal, could thousand square meters. populations of discrete patches of collectively be identified as a plants, or clusters of proximate Population Abundance metapopulation. A metapopulation is occupied habitats that experience defined as group of populations At the time of listing as a threatened limited exchange of genes between separated geographically, but species in 1987, surveys of USFS land plants in each of the patches because of interconnected through patterns of estimated Cirsium vinaceum to be a geographic distance, has been revised exchange of genes (Pulliam and species with 10,000 to 15,000 sexually using more complete survey Dunning 1994, pp. 189-190). Cirsium reproducing individuals (June 16, 1987; information. Subsequent discoveries of vinaceum habitats occur in relatively 52 FR 22933). Most of these individuals several additional patches of C. close proximity and may be sufficiently occur in sites on USFS lands; however, vinaceum between these ‘‘populations’’ connected genetically to form one or several are on private lands and the and observations of seed dispersal in more metapopulations. Mescalero Indian Reservation (June 16, streams have significantly reduced the The U.S. Forest Service (USFS) 1987; 52 FR 22933). Both the Service number of C. vinaceum patches that catalogs Cirsium vinaceum occurrences and the USFS noted at the time that could conform to the traditional as habitat locations or sites. New accurate counts of the plant had not biological definition of a population occupied sites have been documented been made, and that the actual number (Craddock and Huenneke 1997, p. 218); on the Lincoln National Forest since C. of plants was likely much larger than however, a revised number of vinaceum was listed as a threatened the best available data indicated. A 1990 populations of C. vinaceum has not species in 1987. By 1993, a total of 62 inventory of Lincoln National Forest been determined. sites was identified, of which 58 were habitats located 196,000 total plants, The Service and USFS estimates of on USFS land (Service 1993, p. 2). In including mature and juvenile rosettes total population size of Cirsium 1995, there were 77 sites known to (Service 1993, p. 2). This inventory was vinaceum are based on the 1995 occur on the Lincoln National Forest conducted primarily within the original monitoring protocol of multiplying the (Service 2005, p. 697). In 2005 and 20 populations described at the time of number of flowering individuals by 10 2007, the USFS cataloged 104 extant, listing. The survey method used to account for the numerous juvenile historic, or potential C. vinaceum sites reflected all age classes of plants in their rosettes (USFS 2003, pp. 44-45). The included in a monitoring program habitats, rather than methods used in multiplier of 10 is based on a 1989 (Barlow-Irick 2007, p. 1); however, most subsequent inventories in which only count of all rosettes in four C. vinaceum of these sites are subdivisions of the flowering stems were counted. The 1990 sites, which found that flowering original 20 populations described at inventory also determined that C. individuals ranged from 10 percent to listing. Some sites are sporadically vinaceum is capable of sporadic root 13 percent of the rosettes in the four occupied by a few plants during wet sprouting to produce multiple rosettes, sites (Sivinski 2006, p. 6). Therefore, years, and unoccupied or dormant or clones, per individual. this protocol relies on a very limited during droughts (Sivinski 2006, p. 8). Six additional inventories of Cirsium sample in a single year, which may or We conclude, therefore, that the 104 C. vinaceum on the Lincoln National may not be accurate for an entire vinaceum sites currently identified by Forest have been conducted, beginning population estimate in any given year the USFS cannot be meaningfully in 1995, by Dr. Laura Huenneke, and in (Sivinski 2006, p. 6). We currently do compared numerically to the original 20 subsequent years by Dr. Patricia Barlow- not have information available to populations identified in the listing Irick. These inventories consistently determine whether 1989 was a rule; most of the newly indentified sites followed the survey protocol of representative year, and how other years do not represent true populations, but counting only flowering plants, rather compare to 1989 in terms of total subdivisions of the original 20 than all plants of various age classes, at numbers of rosettes at a variety of C. populations which were identified most of the Lincoln National Forest vinaceum sites. For these reasons, we through the increased survey effort. locations known at the time. Surveyed are using actual flowering stem counts The known geographic range of sites consisted of historically occupied, in this finding, and not estimates of total Cirsium vinaceum has not significantly currently occupied, and potentially population size, as determined by the expanded since 1987. All but one of the suitable sites within the known range of 1995 monitoring protocol. newly documented sites occur within C. vinaceum. Total numbers of In 1998, the survey protocol was the 155-square-mi (401.45-square-km) flowering individuals were 34,228 in changed from estimating population critical habitat area identified in the 1995; 39,849 in 1998; 34,710 in 2000; size to actually counting every flowering 1984 listing proposal (49 FR 20739; May 30,460 in 2003; 28,063 in 2005; and stem. Additional sites were found in 16, 1984). The newly occupied site in 24,124 in 2007 (Barlow-Irick 2008, p. 1). this year, leading to a population size Fresnal Canyon extends the range by Total numbers of habitat sites assessed that would translate to nearly 400,000 less than 1 mi (1.6 km) (Sivinski 2009a, were: 76 sites in 1995, 81 sites in 1998, individuals using the old protocol of p. 1). It was believed to be extirpated 82 sites in 2000, 85 sites in 2003, 85 multiplying the number of flowering when this species was listed, and is sites in 2005, and 81 sites in 2007 individuals by 10. Barlow-Irick, the thought to be the type locality (Barlow-Irick 2007, p. 1; Sivinski 2006, contractor who completed the (representative location where the first p. 6). inventories of Cirsium vinaceum from specimen was found) for the species Many of the occupied Cirsium 1998 to 2007, states that the reported (Sivinski 2009a, p. 1). This site has vinaceum sites included in these increase in numbers is not the result of recently been reoccupied due to a USFS surveys are only 330 ft (100 m) apart the species being more abundant within road management action that increased and are as small as 54 square ft (5 square populations, but rather is strictly a water supply to the site (USFS 2004, p. m). Therefore, we do not consider all of function of finding more sites as well as 626). Cirsium vinaceum plants occur in these sites to be ‘‘populations’’ in a the change in protocol from estimating small, dense groupings covering less reproductive or genetic sense of the population size to actually counting than 100 acres (ac) (40 hectares (ha)) term, because many are in close every flowering stem (Barlow-Irick (Service 2005, p. 695). Within the range proximity to one another (Service 1993, 2008, p. 1).

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The intensive field monitoring No portion of criterion (1) has been vinaceum continues to be impacted by described above conducted by met. The State of New Mexico owns the highway maintenance activities, Huenneke and Barlow-Irick shows a State’s water, as determined by the drought, and an emerging threat of downward trend in the number of United States v. New Mexico case of insect predation. These additional occupied sites, overall population 1978 (438 U.S. 696, 98 S. Ct. 3012). threats have not been addressed by numbers, and number of flowering Federal land managers in New Mexico management plans, and permanent stalks from 1998 to 2007. The rate of do not own the water located on Federal protection of at least 75 percent of the decline in total flowering C. vinaceum lands, and therefore cannot deny a known occupied habitats has not been numbers was 12.9 percent between 1998 claim of a legitimate beneficial use of a ensured. and 2000, 12.2 percent between 2000 water right. However, a land manager While criterion (3) has not been and 2003, 7.9 percent between 2003 and can designate the point of diversion explicitly met, it has been addressed in 2005, and 14 percent between 2005 and according to a claim of the water right. concept by continuing studies of 2007. This decline coincides with a In July 2007, the State of New Mexico Cirsium vinaceum population severe long-term period of drought with adopted legislation establishing a dynamics, ecology, and response to the higher than average winter temperatures strategic water reserve to manage water mitigation of some threats, such as across most of New Mexico beginning in for interstate stream augmentation to livestock grazing and trampling. For 1999 (Sivinski 2006, pp. 6-7). Five C. benefit threatened or endangered example, monitoring has shown that vinaceum sites were extirpated between aquatic or obligate riparian species (NM properly maintained and used 1995 and 2007. In 2007, another 18 sites ST § 72-14-3.3, 2007). This law may be exclosures increase the numbers of C. contained less than 25 percent of the applicable to protect Cirsium vinaceum vinaceum, allowing recovery at sites. average number of plants documented habitats. Federal agencies are eligible to The recovery plan also recommends in the previous five surveys, and 11 acquire such State-based water rights to developing new information for other sites had between 25 and 50 benefit threatened or endangered biological factor and threat analysis. Of percent of their average stem count aquatic or obligate riparian species; relevance here is the need for research (Barlow-Irick 2008, p. 2). However, a however, to date, no action agency has on measures to control insect predation declining trend is not completely acquired or attempted to acquire water on C. vinaceum. consistent among C. vinaceum sites. rights to benefit C. vinaceum. Where C. Summary of Information Pertaining to While most C. vinaceum sites have vinaceum is not exclusively associated the Five Factors experienced decreasing numbers of with riparian habitats and is not located flowering stems during the monitoring within river reaches that involve stream Section 4 of the Act (16 U.S.C. 1533) period, a few sites have increased in augmentation or interstate stream and implementing regulations (50 CFR stem numbers, likely as a result of compacts, this recent law may not part 424) set forth procedures for adding exclusion of livestock (USFS 2004, p. apply. This would eliminate most species to, removing species from, or 629). occupied C. vinaceum sites, particularly reclassifying species on the Federal at its upland spring and travertine shelf Lists of Endangered and Threatened Sacramento Mountains Thistle (Cirsium habitats. Also, the New Mexico State Wildlife and Plants. Under section vinaceum) Recovery Plan Engineer has the ability to protect a 4(a)(1) of the Act, a species may be The main objective of the Sacramento water resource to further a ‘‘State determined to be endangered or Mountains Thistle Cirsium vinaceum Conservation Goal,’’ but this has not threatened based on any of the Recovery Plan (1993) is to protect and been applied to protect any C. vinaceum following five factors: manage the habitats necessary to sustain sites. (A) The present or threatened destruction, modification, or viable populations of the species. It The development of management curtailment of its habitat or range; recommends the following three criteria plans to alleviate threats and ensure (B) Overutilization for commercial, to meet the plan’s goal to delist C. permanent protection of at least 75 recreational, scientific, or educational vinaceum: percent of known occupied Cirsium (1) Acquire water rights specifically purposes; vinaceum habitats pursuant to criterion (C) Disease or predation; for the maintenance of travertine spring (2) has not been achieved. Although (D) The inadequacy of existing habitats at a minimum of 30 percent of management plans have been developed regulatory mechanisms; or the occupied spring localities, including by the Lincoln National Forest to (E) Other natural or manmade factors at least 1 occupied spring locality in address threats to C. vinaceum from affecting its continued existence. each of the 20 known canyons of forestry practices, livestock grazing, and We must consider these same five occurrence; trampling by recreationists, the plans factors in delisting a species. We may (2) Develop habitat management plans have not resulted in permanently delist a species according to 50 CFR to alleviate threats to the species and protecting 75 percent of the species’ 424.11(d) if the best available scientific ensure permanent protection of at least occupied habitats. As described in the and commercial data indicate that the 75 percent of the known occupied ‘‘Summary of Information Pertaining to species is neither endangered nor habitats, according to steps outlined in the Five Factors’’ below, exclosures threatened for the following reasons: the plans. Sites should include both designed to protect some habitats (1) The species is extinct; core populations at springs, as well as occupied by C. vinaceum from (2) The species has recovered and is other occupied riparian habitats. trampling and predation have not been no longer endangered or threatened; or Unoccupied stream habitat downstream consistently maintained and have not (3) The original scientific data used at of occupied springs should be protected been used correctly, and livestock the time the species was classified were for future colonization by Cirsium grazing utilization standards and in error. vinaceum; and rotation dates have not been A species is ‘‘endangered’’ for (3) Establish a 10–year monitoring consistently enforced. As a result, even purposes of the Act if it is in danger of and research program to demonstrate in areas where protection has been extinction throughout all or a the effectiveness of management planned and attempted, C. vinaceum ‘‘significant portion of its range,’’ and is implemented under the plans. has been impacted. In addition, C. ‘‘threatened’’ if it is likely to become

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endangered within the foreseeable Factor A. The Present or Threatened when other water and forage plants are future throughout all or a ‘‘significant Destruction, Modification, or not available. Springs and creeks portion of its range.’’ For the purposes Curtailment of the Species’ Habitat or provide a majority of the watering sites of this analysis, we will evaluate Range for both livestock and wildlife species, especially elk. These wet sites are whether the currently listed species, Availability of Water Cirsium vinaceum, should be subject to trampling and hoof damage, considered threatened or endangered. Cirsium vinaceum is an obligate and receive especially heavy use during Then we will consider whether there are wetland species that requires surface or drought periods, when neither water nor any portions of the range of C. vinaceum immediately subsurface water flows. It green forage are readily available in which the status of the species differs occurs only on water-saturated elsewhere. At the end of the summer from that determined for the species substrates of springs and seeps on grazing season in October, livestock rangewide. hillsides and valley bottoms. Loss of water can again be in short supply, and available water at C. vinaceum sites has impacts to C. vinaceum may increase as The Act does not define the term been observed to lead to retractions of a result (USFS 2003, p. 56). ‘‘foreseeable future.’’ However, in a occurrence boundaries, a reduction in Water diversion due to current January 16, 2009, memorandum the numbers of individuals, and, in activities. Appropriation of water rights addressed to the Acting Director of the some cases, a loss of all plants at sites from springs for a use recognized by the Service, the Office of the Solicitor, (USFS 2003, pp. 42–43; Barlow-Irick State of New Mexico as beneficial, such Department of the Interior, concluded, 2007, pp. 1–2). Study results indicate as for livestock, farming, domestic, or ‘‘* * * as used in the [Act], Congress that declining and extirpated C. recreational facilities, typically uses intended the term ‘foreseeable future’ to vinaceum sites are more frequently points of diversion that curtail natural describe the extent to which the found in drier conditions than are sites surface flows, and thus may negatively Secretary can reasonably rely on with stable or increasing populations impact Cirsium vinaceum. Additionally, predictions about the future in making (Barlow-Irick 2007, pp. 1-2). Loss of the original C. vinaceum listing rule determinations about the future water from C.vinaceum habitat occurs described an unauthorized 1,900 ft (579 conservation status of the species.’’ In a both naturally and as a result of human m) long pipeline and cement spring box footnote, the memorandum states, ‘‘In impacts that cause water diversion constructed at a C. vinaceum site, which this memorandum, references to directly and indirectly. Examples of negatively impacted nearby plants by ‘reliable predictions’ are not meant to naturally occurring water loss include impeding water flow (52 FR 22933; June refer to reliability in a statistical sense. changes in precipitation patterns and 16, 1987). This unauthorized Rather, I use the words ‘rely’ and watershed condition, as well as shifts in development of a spring near Bluff ‘reliable’ according to their common, travertine deposits and slopes (USFS Springs resulted in an 84-percent loss of non-technical meanings in ordinary 2003, pp. 42-43). Water diversion by C. vinaceum at one site, from 300 plants usage. Thus, for the purposes of this roads, trails, and spring development in 1984 to 47 plants in 1991 (Service memorandum, a prediction is reliable if are examples of loss of water flow to 1993, p. 29). it is reasonable to depend upon it in occupied sites due to human activity Drainage under roads was improved making decisions’’ (M–37021, January (USFS 2003. pp. 42-43). in Water Canyon and the Rio Pen˜ asco in 16, 2009). The majority of Cirsium Natural water loss. In the current a 2001-2002 riparian improvement vinaceum habitat is on land within the decade, Cirsium vinaceum has project. Sites that were formerly Lincoln National Forest. This land is experienced some drought conditions. occupied by Cirsium vinaceum were publicly owned and managed by the Water flow at a number of springs returned to conditions suitable for USFS. The USFS manages the land for occupied by C. vinaceum has declined reoccupation by the species with the multiple uses, including livestock substantially. Monsoonal summer increased water availability afforded by grazing and recreation. Consderable data precipitation can be very patchy, with this alteration, resulting in the are available on the impacts such some areas receiving considerably less rehabitation of these areas by the activities have had on C. vinaceum, and rainfall than others. While precipitation species (USFS 2004, p. 626). data compiled by the Western Regional reliable predictions can be made Increased water diversion due to Climate Center for Cloudcroft indicate concerning future impacts to the species future population growth. The human that there was a shortfall of over 20 population in Otero County, New under USFS management. percent in mean rainfall in only 1 of the Mexico, increased by 20 percent from In making this finding, we evaluated last 15 years (1999) (USFS 2003, pp. 1990 to 2000, and is expected to the best scientific and commercial 53—54), the seasonal distribution of increase another 17.3 percent between information available to determine yearly precipitation is significant and the years 2000 and 2030 (University of whether delisting Cirsium vinaceum is can result in temporary drought New Mexico 2004, pp. 1-3). An warranted. This information includes conditions for C. vinaceum. increasing human population and its the updated petition and associated Monitoring of Cirsium vinaceum has associated agricultural and economic documents, data from the 1990 through shown a simple and direct relationship activities will require additional water 2007 surveys (Barlow-Irick 2005, 2007, between water availability in suitable from this relatively dry region. For 2008), recent reports by Sivinski (2007, habitat and numbers and extent of example, between 2010 and 2040, the 2008) and the USFS (2008), as well as plants in occurrences (Huenneke, 1996, City of Alamogordo estimates its water other information available to us, to pp. 149—150). As water flow has been demand will increase from 7,609 acre determine whether delisting C. observed to decline at springs, decreases feet per year to 10,375 acre feet per year vinaceum is warranted. The following in plant numbers and the size of (Office of the State Engineer 2003, pp. analysis examines the five factors occurrences have occurred. The 3-4). Aquifers in the Sacramento described in section 4(a)(1) of the Act situation has been observed to reverse Mountains are susceptible to impacts and those activities and conditions when increased water is available from existing water rights. Development currently affecting C. vinaceum, or (USFS 2003, pp. 55-56). Dry periods can of additional water rights could likely to affect the species within the also increase the effects of livestock potentially dewater Cirsium vinaceum foreseeable future. trampling and herbivory on C. vinaceum water sources, and this constitutes a

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threat to the species in the foreseeable habitat (USFS 2003, pp. 42-44). Damage cover approximately 290 ac (120 ha) on future. As discussed above, the State of to travertine crusts can adversely affect USFS lands. These exclosures protect New Mexico adopted legislation surfaces critical to the successful about one-half of the habitat occupied establishing a strategic water reserve to germination and reproduction of C. by C. vinaceum from negative impacts manage water for interstate stream vinaceum and inhibit C. vinaceum seed associated with livestock use and have augmentation to benefit threatened or movement and dispersal by flowing resulted in increased numbers of C. endangered aquatic or obligate riparian water (USFS 2003, pp. 43-44). During vinaceum within many fenced sites species (NM ST § 72-14-3.3, 2007). drought, the effects of compaction and (Service 2005, p. 698). Fences that are Federal agencies are eligible to acquire trampling in drying travertine C. part of livestock exclosures are such State-based water rights to benefit vinaceum sites may be even more occasionally knocked down or left open, threatened or endangered aquatic or severe. This damage causes a loss of resulting in trampling of C. vinaceum obligate riparian species, which may normal soil structure and permeability (USFS 2007, p. 4). Additionally, several help to mitigate impacts of increased that may inhibit processes necessary for exclosures were never finished after water diversion in the future. However, the development and establishment of their construction was initiated, and to date, no action agency has acquired new plants when water flows return to others have not been maintained, or attempted to acquire water rights to these sites. Trampling of C. vinaceum allowing livestock access to C. benefit C. vinaceum. can reduce tissue needed for vinaceum habitats (Barlow-Irick 2008, p. In summary, while water diversion metabolism, and damage seedlings, 1). due to current activities does not appear rosettes, and flowering stalks (USFS The USFS has excluded livestock to be a widespread threat at the current 2003, pp. 43-44). Broken flowering from many Cirsium vinaceum habitats time, localized impacts have been stalks render affected C. vinaceum with fencing, often aiding in the observed and increased use of water incapable of reproduction (USFS 2007, recovery of those populations. For constitutes a threat in the foreseeable pp. 20-21). example, a site in Hubbell Canyon that future. Natural loss of water is currently Prior to listing, instances were contained no known C. vinaceum in a threat to Cirsium vinaceum. We will observed in which trampling from 1984 was able to support approximately continue to monitor water availability livestock grazing had severely impacted 500 plants shortly after an exclosure for C. vinaceum. Cirsium vinaceum (USFS 2003, p. 46). was constructed in 1991 (USFS 2003, p. Todsen (1976, p. 1) reported that the C. 62). A grazing exclosure was built Trampling by Livestock vinaceum population in Silver Springs around a site in Lucas Canyon that Improper livestock grazing, as it Canyon had only a few intermittent contained 350 plants in 1984, but relates to trampling of habitat, was plants on the side of a fence where expanded to 3,414 C. vinaceum by 1991. recognized as a threat to Cirsium livestock were permitted to graze. In A wet meadow above Bluff Springs that vinaceum in the 1987 listing rule (52 FR 1978, the USFS reported that C. contained only one C. vinaceum plant 22933; June 16, 1987). In that notice, the vinaceum in a wet meadow above Bluff in 1976 has supported hundreds of C. authors report that many sites Springs occurred only within a small vinaceum since 1984, when a livestock previously occupied by C. vinaceum fenced-in area that excluded livestock exclosure was built (USFS 2003, p. 62). appear to be suitable for habitation by and not in the adjacent grazed habitat. At present, 40 of 86 sites located within the species; however, the populations The USFS later reported in 1984 that the Lincoln National Forest have been that formerly occurred there had been recent livestock exclusions from some fenced to exclude livestock or are reduced or eliminated by livestock habitats at Silver Springs, Bluff Springs, considered to be inaccessible to impacts (52 FR 22933; June 16, 1987). and Rio Pen˜ asco had ‘‘led to a livestock due to steep slopes or cliffs Livestock have the potential for large remarkable increase in numbers of (Todsen 1976, p. 1; Service 2005, p. impacts to the species, both by Cirsium vinaceum,’’ while the 698). trampling, discussed below, and by population in Lucas Canyon was As previously discussed, exclosures predation through grazing, discussed ‘‘considerably smaller’’ because of protect Cirsium vinaceum from several under Factor C. livestock (USFS 2003, p. 44). In a Lucas grazing impacts, including trampling of Ninety-five percent of Cirsium Canyon study, C. vinaceum rosettes plants and habitat, and herbivory of vinaceum localities occur on USFS were markedly smaller at a site grazed rosettes, flowering stalks, and seedlings. lands within grazing allotments by livestock (mean rosette diameter They have allowed C. vinaceum accessed by livestock. Cirsium approximately 4.85 to 8.87 in (12.3 to populations to recover inside and even vinaceum habitats on travertine springs 22.5 cm)) adjacent to an excluded expand beyond fenced areas in a few and in the valley bottoms provide the population subject only to grazing by cases (Service 2005, p. 698). However, majority of watering locations for elk (mean rosette diameter livestock exclosures around C. livestock and elk, subjecting this fragile approximately 20.27 to 29.17 in (51.5 to vinaceum habitats have not been habitat to frequent trampling. One site at 74.1 cm)). Furthermore, this consistently maintained. Due to Silver Springs on the James Allotment discrepancy was observed for 24 months unmaintained fences, some exclosures has been closed to livestock since 1995. after grazing pressure had been are available for the gathering or The C. vinaceum population in this alleviated (Thomson and Huenneke relocation of cattle (USFS 2003, p. 53; allotment has grown in response to 1990, pp. 9-10). 2007, p. 20; Barlow-Irick 2008, p. 1). being rested from livestock, and recent The effects of trampling have resulted Two of the larger fenced areas information indicates that this single in declines or disappearance of Cirsium containing C. vinaceum habitats have allotment contained 36 percent of all vinaceum at sites (Fletcher 1979, p. 3; been and continue to be used as grazing flowering stems for the species (USFS 52 FR 22933; June 16, 1987). The USFS exclosures during the grazing season, 2003, p. 44). has minimized some of the trampling and then used to gather cattle at Trampling of Cirsium vinceum and its impacts of concentrated use by livestock season’s end (USFS 2003, p. 53; Service habitat by livestock and humans has and elk by enclosing C. vinaceum 2010, p. 1). Such practices have had caused damage to travertine formations habitats with fences; however, no new adverse impacts on C. vinaceum plants and outflow creek beds, resulting in fences or protected areas have been and sites by way of increased grazing altered water flow to C. vinaceum created since 1999. Exclosures currently and presence of livestock which destroy

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seedlings, fragile travertine habitat, and reducing impacts to the species climate change indicates that New the flowering stalks of plants, thereby (Fletcher 1979, p. 3; 52 FR 22933; June Mexico will be impacted by the effects preventing reproduction by affected 16, 1987). Indirect effects from logging, of climate change (Agency Technical plants (Service 2010). such as road construction, siltation, Work Group 2005, p. 1). However, In summary, although many sites alteration of hydrologic flows, increased reliable predictive models have not yet have been protected, up to 50 percent of surface water runoff, decreased been developed for use at the local scale sites are still subject to grazing infiltration, and higher sediment loads in New Mexico’s Sacramento pressures, and those that are fenced may in streams, are additional potential Mountains, and there is little certainty be impacted into the future as fences fall impacts to C. vinaceum habitat that can regarding the timing and magnitude of into disrepair or are vandalized (Service result from forestry activities (Service the resulting impacts. There is currently 2010, p. 1). Furthermore, if Cirsium 1993, p. 28). At present, our information no information specific to the effects of vinaceum were to be delisted, there is indicates that the USFS applies a climate change on Cirsium vinaceum or little likelihood that maintenance and minimum 200 ft (61-m) protective buffer its habitat; however, based on construction of exclosures would around C. vinaceum occurrences during projections made by the IPCC, we continue in the future. Therefore, forest management activities and consider climate change to be a livestock trampling is a significant, excludes all equipment from wetland potential exacerbating factor, worsening ongoing threat to C. vinaceum that is areas with C. vinaceum habitat (Service the impacts of other known threats. expected to continue in the foreseeable 2002, p. 3; Service 2004, pp. 4–13). These threats include habitat future. These buffers are in accordance with the degradation from water loss resulting Recreation guidelines of the Lincoln National from prolonged periods of drought and Forest’s Interim Management Plan increased temperature, and the Cirsium vinaceum at Bluff Springs are (USFS 1989, p. 4). This active allocation of water for use by the human impacted by trampling due to human management by the USFS has mitigated population and livestock in the area, as recreation. The Land and Resource effects of ground disturbance on USFS well as any number of unforeseen Management Plan for the Lincoln lands, where 95 percent of the species compounding effects. In summary, we National Forest (2004, p. 628) prescribes is located. We do not consider ground do not currently consider climate managing Bluff Springs for dispersed disturbance from logging or its change itself to be a factor affecting C. recreation, while providing for C. associated direct and indirect effects to vinaceum’s persistence, because the vinaceum management. Cirsium be a current threat to C. vinaceum. information available on the subject is vinaceum stands in this area have been insufficiently specific to the species. Climate Change fenced and foot trails rerouted since However, we consider climate change to 1983 to protect this population (USFS The Intergovernmental Panel on be a potential exacerbating factor and 2003, p. 46). Soon after construction of Climate Change (IPCC) states that will continue to evaluate new the fence, C. vinaceum increased at this warming of the climate system is information on the subject as it becomes location, but since 1995, the number of unequivocal based on observations of available. individuals has fluctuated, with an increases in global average air and ocean In summary for Factor A, we continue overall downward trend. In 2005, the temperatures, widespread melting of to consider water availability and number of flowering stems was 486, less snow and ice, and rising global average trampling caused by livestock to be than one-third of the 1,600 plant total in sea level (2007a, p. 5). For the next two threats to Cirsium vinaceum and its 1995. Recreational users at Bluff Springs decades, a warming of about 0.4 degrees habitat currently and in the foreseeable continue to impact C. vinaceum Fahrenheit (°F) (0.2 degrees Celsius (°C)) future. We find the information annually as users trespass into the per decade is projected (IPCC 2007a, p. available on climate change to be fenced area and vandalize plants and 12). Temperature projections for the insufficiently specific to C. vinaceum to trample habitat (Barlow-Irick 2008, p. following years increasingly depend on indicate with certainty that it is 1). Impacts from recreational users specific emission scenarios (IPCC 2007a, affecting the species and its habitat at continue to be a threat to C. vinaceum p. 13). Various emissions scenarios this time; however, we will continue to at Bluff Springs, but are not known to suggest that average global temperatures evaluate the most up-to-date be impacting other populations. Thus, are expected to increase by between information on the subject as it becomes recreation is not considered a threat to 1.1°F and 7.2°F (0.6°C and 4.0°C) by the available. the species rangewide now or in the end of the 21st century, with the Factor B. Overutilization for foreseeable future. greatest warming expected over land (IPCC 2007a, p. 13). Warming in western Commercial, Recreational, Scientific, or Logging mountains is projected to cause Educational Purposes Cirsium vinaceum sites have been decreased snowpack, more winter We do not have any data suggesting subjected to direct and indirect impacts flooding, and reduced summer flows, that Cirsium vinaceum is, or may be, from land uses that damage travertine exacerbating competition for over- overutilized for commercial, substrates and their hydrological allocated water resources (IPCC 2007b, recreational, scientific, or educational characteristics. Some of the roads and p. 14). The IPCC reports that it is very purposes. Cirsium vinaceum seeds and trails that support regional access for likely that hot extremes, heat waves, seed heads have been collected for timber harvest and management, and heavy precipitation and flooding research projects intended to ranching operations, recreation, and will increase in frequency (IPCC 2007b, understand and improve the status of residential developments occur in, or p. 18). Because Cirsium vinaceum the species. The species’ current level of adjacent to, C. vinaceum habitats. Prior occupies a relatively small area of State and Federal protection requires to, and at the time of listing, there was specialized habitat, it may be vulnerable permits from the Service, USFS, and the concern that ground disturbance from to climatic changes that could decrease State of New Mexico for such research. road construction and logging could suitable habitat. At current levels of collection, we do potentially impact C. vinaceum habitats We find that there are limitations in not consider overutilization for if project planning for logging currently available data and climate commercial, recreational, scientific, or operations did not consider avoiding or models. The information available on educational purposes to be a threat

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currently or in the foreseeable future. If 2008, and 2009, before most of the because it requires less energy; however, the species were delisted, permits for flowers had set seed, resulting in nearly with this form of reproduction, genetic collection would continue to be complete die-off of flowering stems each material from only one plant is required, required by the USFS and the State of of these years (Sivinski 2008, p. 9; so clones are produced. Populations that New Mexico. 2009b, p. 1). Insect damage to the Silver are reduced to recruitment via only Springs population was two-fold; asexual reproduction could suffer from Factor C. Disease or Predation Rhinocyllus conicus and Paracantha loss of genetic variation. The resulting Insect Predation gentilis reduced seed production earlier clones may not be able to adapt to even Native insect population fluctuations in the flowering season, then L. moderate changes to their environment, and invasions of nonnative insects may pervestitus damaged flowering stems including the arrival of new insect impact the condition, reproduction, and into early fall (Sivinski 2007, p. 13). The predators or diseases. Many C. distribution of Cirsium vinaceum. population totaled 8,727 stems in the vinaceum sites are small or occur on Cirsium vinaceum is host to an summer of 2007, and by the end of marginal habitats where they can undetermined number of native and September of the same year, 98 percent disappear during extreme conditions. If nonnative insect species that prey upon of these stems were prematurely dead or insect predation eliminates seed the plant and its flower heads. Native dying. The timing of L. pervestitus’ production in larger populations, such insect seed predators can consume from attack left seed maturity and production as Silver Springs, the smaller patches to only the earliest blooming flower 17 to 98 percent of C. vinaceum’s seed that temporarily disappear may not be heads, greatly reducing this re-established. In addition, genetic production within a population. population’s reproductive output for the exchange through sexual reproduction Observed seed predators include season. Immature C. vinaceum rosettes between sites would discontinue and Paracantha gentilis, a native specialist were not significantly affected by any further reduce genetic variability of the Tephritid gall fly; Platyptilia native or nonnative insects during the species. carduidactyla, the native Pterophorid study (Sivinski 2007, p. 14). However, In summary, insect seed predation artichoke plume moth; Euphoria inda, a this recent addition of this invasive seed and herbivory of Cirsium vinaceum native generalist Scarabaeid bumble predator, L. pervestitus, will likely eliminated seed production in the flower beetle; and Rhinocyllus conicus, further decrease seed production and majority of plants at all of the study an introduced Curculionid seed-head increase the threat to the persistence of sites in all 3 years of the study. This weevil (Sivinski 2007, pp. 2-14; Sivinski some C. vinaceum populations. Small C. condition is either very likely to spread 2008, pp. 1-11). A fifth insect predator, vinaceum sites may be more likely to be to other C. vinaceum sites, or is already Lixus pervestitus, the native extirpated because of seed limitations, occurring at other sites. For these Curculionid stem borer weevil, was first and some sites could remain reasons, we find that insect predation, detected during field surveys in 2006 unoccupied if adjacent sites of C. even within sites containing large and 2007 (Sivinski 2007, pp. 8-13; vinaceum are producing and dispersing numbers of C. vinaceum, represents a Sivinski 2008, pp. 7-11). Thus far, L. fewer seeds. significant new category of threat pervestitus has not been found on C. The recovery plan for C. vinaceum currently and in the foreseeable future. vinaceum outside of the Silver Springs identified Rhinocyllus conicus as a Livestock Grazing population, and little is known about potential threat to the species (Service this insect species in New Mexico 1993, p. 6). Rhinocyllus conicus, Grazing of Cirsium vinaceum by (Sivinski 2008, pp. 10-11). Sivinski indigenous to Eurasia, was intentionally livestock and elk was described as studied insect seed predation and introduced to North America in 1969 as minimal in the 1987 listing herbivory of C. vinaceum in September a biological control agent for the determination (52 FR 22933). of 2006, 2007, and 2008 in four noxious weed Carduus nutans (musk Subsequent monitoring of herbivore populations: Silver Springs, Bluff thistle). It subsequently spread to at impacts at several C. vinaceum sites has Springs, Upper Rio Pen˜ asco, and Scott least 26 States on both C. nutans and determined that this species is a forage Able Canyon. These insect species native thistle species, and is also plant for livestock and, although not damaged flower heads or caused frequently distributed by deliberate preferred, appears to be part of the cattle premature stem death in all years of the introduction on both private and public diet throughout its range (USFS 2003, p. study. By September 2007, these insects lands (Dodge 2005, p. 6). The ability of 49). C. vinaceum rosettes that have been had collectively damaged flowering R. conicus to attack native thistle grazed by livestock early in the growing stalks in significant proportions—up to species and decrease their seed season have the ability to make 98 percent within the Silver Springs production has been documented compensatory growth if grazing ceases; site, 80 percent of the Bluff Springs site, (Dodge 2005, pp. 15-38). A preliminary however, flower stems that are up to 66 percent in the Upper Rio field study of the presence and damage destroyed or severely damaged by Pen˜ asco site, and 90 percent of the Scott of R. conicus in the Silver Springs area grazing later in the season do not Able Canyon site (Sivinski 2007, p. 12). found the weevil using 63.8 percent of recover, and the plant dies without After predation by these insects, seed C. vinaceum flower heads in mid-July producing seeds (USFS 2003, p. 49). production was significantly reduced in 2007 (Sivinski 2008, p. 9). Grazing can adversely impact growth, 2007, particularly as a result of L. The reduction of seed production due vigor, seedling establishment, and pervestitus in the Silver Springs to seed predators could have long-term reproductive output, and small C. population. effects on the viability of populations. vinaceum sites may be more vulnerable Lixus pervestitus is likely a recent Although Cirsium vinaceum can and at a higher risk of extirpation than immigrant to the Sacramento Mountains reproduce asexually, that is, without the larger sites (USFS 2003, p. 55). and represents a significant new threat genetic contribution of another C. Although Cirsium vinaceum to the long-term persistence of the vinaceum individual, it is not known populations have been documented to species (Sivinski 2007, p. 13). Lixus how long a site can persist with little or recover within a few weeks from light pervestitus was responsible for killing no seed production (Sivinski 2009a, p. grazing on fewer than 10 percent of thousands of Cirsium vinaceum at Silver 1). Asexual reproduction can be plants, grazing of the plants’ flowering Springs in September of 2006, 2007, advantageous in a stable environment stalk and leaves of rosettes can cause

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total loss of reproduction and can lead sites and individuals. In 2001, the plants and sites, as increased grazing to the loss of the affected population Sacramento Grazing Allotment pressure further destroys the flowering (USFS 2003, p. 55). Cirsium vinaceum’s contained 74 of 86 occupied C. stalks of plants and thereby prevents low tolerance for freezing and drought vinaceum sites found on the Lincoln successful reproduction by affected may compound the effects of livestock National Forest. This represented a total plants. grazing. Herbivory of seedlings, of 96 percent of all C. vinaceum in 2001 In summary, although many Cirsium particularly in spring, may reduce the (USFS 2003a, p. 53). Thirty-eight of vinaceum sites have been protected, up density of plants and leave seedlings these 74 sites are either fenced to to 50 percent of sites are still subject to more exposed to low temperatures. exclude livestock or are considered to livestock herbivory, and those that are Livestock grazing during periods of be inaccessible to livestock (USFS 2003, fenced may be impacted into the future long-term drought may also affect C. p. 53). As of 2007, 68 of the 75 occupied as fences fall into disrepair or are vinaceum’s ability to recover sites were within the Sacramento vandalized (Service 2010, p. 1). reproductive capability. Barlow-Irick Grazing Allotment, with approximately Furthermore, if C. vinaceum were to be (2005, p. 1) surveyed 85 C. vinaceum 62 percent of the total number of C. delisted, past history indicates there is monitoring sites in the late summer of vinaceum stems for the species (Barlow- little reason to expect that adequate 2005, after the first wet season following Irick 2007, p. 1). In March 2007, the maintenance and construction of several years of drought. The overall USFS proposed to extend the grazing exclosures would continue in the future. number of flowering C. vinaceum was rotation to allow cattle to be present Therefore, livestock herbivory is a still decreasing, but five sites exhibited throughout the entire summer growing significant, ongoing threat to C. increased numbers of flowering season (May to October) on portions of vinaceum that will continue in the individuals. These five sites were the allotment containing C. vinaceum. foreseeable future. excluded from livestock. Furthermore, The previous arrangement placed Disease long-term monitoring trends show livestock in one pasture from May to Barlow-Irick (2007, p. 1; 2008, p. 1) correlations between C. vinaceum, August, and then deferred the same recently reported that the large herbivores, and water availability. livestock to another pasture from population of Cirsium vinaceum in Cirsium vinaceum populations with August to October, thus reducing C. Firman Canyon and isolated individuals above-average numbers of reproductive vinaceum’s exposure to livestock in other populations appeared to have individuals are associated with sites approximately one-half of the time. unspecified symptoms of disease during that exhibit consistently greater levels of Season-long presence of livestock 2007. This potential disease was not water flow and lower levels of livestock within both pastures would increase identified, nor had any positively grazing, compared to sites with lower livestock impacts to C. vinaceum during identified disease been reported in any average water flows and increased levels times when the species could benefit C. vinaceum population. No specific of grazing (Barlow-Irick 2007, p. 1). from grazing deferral. The extended assessment of potential disease threats Livestock grazing in USFS allotments presence of livestock may adversely has been conducted. We do not containing Cirsium vinaceum habitats is affect seedlings and their rate of currently consider disease to be a threat permitted from May to October, and successful establishment and to C. vinaceum; however, we intend to herbivory on C. vinaceum occurs in all recruitment into the population (USFS continue monitoring populations for of these months (USFS 2007, p. 20). 2007, p. 20). Moreover, broken or impact due to this factor. During a 1992 study of livestock grazing consumed flowering stems render on C. vinaceum, use peaked in June, In summary for Factor C, we consider affected C. vinaceum incapable of with 76 percent of accessible rosettes predation by insects and livestock to be reproduction (USFS 2003, p. 55). As grazed, and again in September and threats to Cirsium vinaceum currently described under Factor A, longer October, with over 90 percent of and in the foreseeable future. We do not exposure to livestock also increases the accessible rosettes grazed (USFS 2003, currently consider disease to be a threat chances of damage to travertine p. 48). Although C. vinaceum may be to the species; however, we need to substrates, water flow channels, and able to persist under this grazing regime, continue monitoring for impacts due to wetlands upon which C. vinaceum there are recognized adverse effects to this factor. depends (USFS 2007, p. 20). As of the species (USFS 2003, pp. 54—57). publication date, this proposal is under Factor D. The Inadequacy of Existing Adverse effects include significant Regulatory Mechanisms differences between rosette size and leaf consultation with the Service. length between grazed and ungrazed Established thresholds for forage of Cirsium vinaceum is currently listed occurrences, with the smaller Cirsium vinaceum have been exceeded as threatened under the Act. The Act measurements for both found in on USFS lands many times, especially and its implementing regulations at 50 occurrences grazed by livestock. A during drought years when livestock CFR 17.71 and 17.72 establish a series reduction of plant tissue and size can congregate in wetland C. vinaceum of general prohibitions and exceptions adversely impact growth, vigor, habitats or where forage production is that apply to all threatened plants. All reproductive potential, and the ability of greater than in dry uplands (USFS 2003, trade prohibitions of section 9(a)(2) of the plants to compete with invasive pp. 59-67). Very dry conditions early in the Act, implemented by 50 CFR 17.71, weeds. C. vinaceum has also been the summer of 1996 led to an emergency apply. These prohibitions, in part, make observed to only make one attempt per consultation with the Service that it illegal for any person subject to the rosette at producing a flowering stalk. If resulted in use of temporary electric jurisdiction of the United States to that stalk is lost to herbivory, fencing to minimize impacts to C. import or export, to transport in reproductive potential for that plant is vinaceum (USFS 2003, p. 63). At other interstate or foreign commerce in the lost (USFS 2003, pp. 54—57). times, the USFS has allowed grazing course of a commercial activity, or to Grazing practices in the Sacramento permittees 30 days or more to remove sell or offer for sale this species in Allotment are sufficiently significant to their livestock after use thresholds had interstate or foreign commerce, or to influence the general status of Cirsium been reached or exceeded (USFS 2003, remove and reduce to possession the vinaceum because this allotment pp. 59-60). Exceeding threshold levels species from areas under Federal contains the majority of C. vinaceum can have adverse effects to C. vinaceum jurisdiction. In addition, for plants

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listed as endangered, the Act prohibits If Cirsium vinaceum were delisted, it (Sivinski 2006, p. 7). Cirsium parryi is malicious damage or destruction on would continue to be designated a USFS relatively common through much of the areas under Federal jurisdiction and sensitive species, as described in USFS Sacramento Mountains and has been further prohibits the removal, cutting, Manual 2670 (USFS 2008). The USFS found to occasionally hybridize with C. digging up, or damaging or destroying of Manual 2672.1 provides the following vinaceum at a few locations (Barlow- such plants in knowing violation of any direction for the management of Irick 2007, p. 1). Cirsium wrightii State law or regulation, including State sensitive species: ‘‘Sensitive species of (Wright’s marsh thistle) is another criminal trespass laws. Section 4(d) native plant and animal species must wetland thistle that overlaps with C. allows for the provision of such receive special management emphasis to vinaceum at Silver Springs; hybrid protection to threatened species through ensure their viability and to preclude offspring are uncommon (Sivinski 2006, regulation. This protection does not trends toward endangerment that would p. 7). Huenneke (1996, pp. 148-149) currently apply to C. vinaceum. result in the need for Federal listing.’’ hypothesized that hybridization As with all federally listed plants, USFS biologists review all USFS between C. vinaceum and C. parryi was Federal land management actions and planned, funded, executed, or permitted a potential threat to C. vinaceum. It has other project proposals that use Federal programs and activities for possible been hypothesized that Cirsium species funding or require a Federal permit that effects on endangered, threatened, of remarkably different morphologies may affect C. vinaceum must be proposed, or sensitive species. are able to hybridize, but only the evaluated by the Federal action agency It is prohibited to remove from USFS presence of a complex collection of in consultation with the Service under lands any plant that is classified as a hybrids, produced when there is a section 7(a)(2) of the Act. Through threatened, endangered, sensitive, rare, breakdown of isolating barriers between consultation, the Federal action agency or unique species (36 CFR Part two species with overlapping ensures that an action will not likely 261.9(d)). Therefore, Cirsium vinaceum distributions, would indicate jeopardize C. vinaceum or destroy or is protected from ‘‘taking’’ in the hybridization had reached the level of a adversely modify critical its designated National Forest by these Federal threat (Kiel 2006, p. 1). During the 2007 critical habitat. If the proposed project regulations (Service 1987, p. 22935). surveys, hybrids between C. vinaceum is likely to jeopardize the species, the Exceptions to these prohibitions are and C. parryi were found at many sites Service will provide the Federal action available through permits (36 CFR Part (Barlow-Irick 2007, p. 1). Above-average agency reasonable and prudent 261.1a). If C. vinaceum were delisted, precipitation in 2007 may have favored alternatives for implementing the permits for its collection for scientific or the germination and survival of these action. Regardless of the outcome of this conservation purposes on USFS lands hybrids. It is unknown if the hybrid determination, the Service will also would continue to be required. These plants are viable and if incorporation of provide discretionary conservation permits provide additional oversight genes through repeated crossing from C. recommendations that would eliminate and limit impacts from potential over- parryi into the C. vinaceum population the impacts to C. vinaceum or its collection. is possible (Barlow-Irick 2007, p. 1). habitat. Adoption of these measures If delisted, Cirsium vinaceum would Neither the viability of these hybrid may also contribute to a Federal action be monitored for at least 5 years to offspring, nor their ability to hybridize with the parent species, has been agency’s requirements under section ensure that the species would not be at studied. Therefore, it is not known at 7(a)(1) of the Act to utilize their risk of extinction during that time. A this time whether hybridization with authorites to carry out programs for the post-delisting monitoring plan would other Cirsium species could become a conservation of listed species. These likely include thresholds indicating threat in the foreseeable future; procedures would not be required if C. when a status review would be however, it does not appear to be a vinaceum were delisted, and significant warranted. If delisted, C. vinaceum threat at present. The potential for reductions in recovery effort and could also benefit from regulatory hybridization to become a threat to C. protection would likely result. As a protection as a USFS sensitive species, vinaceum in the future needs to delisted species, C. vinaceum would but there would likely be less impetus continue to be monitored and evaluated. continue to be protected by the Lacey to implement and maintain protective Act (83 Stat. 279–281, 18 U.S.C. 42–44 measures for a sensitive species than for Herbicide Use a Federally listed species. Under its et seq; as amended), which prohibits In 2000, a biological assessment for current status, the species is impacted trade in wildlife and plants that have noxious weed management prepared by by livestock trampling and herbivory, been illegally taken, possessed, the USFS proposed to use only selective and impacts resulting from transported, or sold. However, the Lacey spot application of herbicides, hand- noncompliance on USFS lands. These Act does not afford protection of habitat, pulling, or use of various hand tools to and were it delisted, C. vinaceum would activities have affected the species’ experimentally treat noxious weeds lose its current level of habitat reproductive success and overall within some selected Cirsium vinaceum protection. viability. Therefore, we conclude that sites (Sivinski 2006, p. 21). Herbicides The State of New Mexico lists Cirsium regulatory mechanisms are not adequate are not considered a threat to C. vinaceum as endangered under the New to support removing the protections of vinaceum sites on USFS lands; Mexico Endangered Plant Species Act, the Act. however, if herbicides are applied to C. 9-10-10 New Mexico Statutes Annotated Factor E. Other Natural or Manmade vinaceum on private land, the site could (NMSA). This law prohibits the taking, Factors Affecting the Species’ Continued be impacted. For example, in June 2007, possession, transportation, exportation, Existence on Federal Highway 82 in Otero County, selling, or offering for sale any listed many C. vinaceum rosettes on private plant species. Under this act, listed Hybridization land were injured or killed by species can only be collected under The range of another native thistle misapplication of herbicide during a permit from the State of New Mexico for species, Cirsium parryi (Parry’s thistle), road maintenance project conducted by scientific studies and impact mitigation; overlaps with that of Cirsium vinaceum, the State of New Mexico Department of however, this law does not provide and it is capable of crossbreeding with Transportation (Tonne 2007, p. 1). protection for C. vinaceum habitat. C. vinaceum to produce hybrid offspring Similarly, maintenance of the Federal

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Highway 82 right-of-way by a State The Sacramento Mountains presently endangered throughout all or a highway crew also reportedly impacted lack large, aggressive, exotic wetland significant portion of its range. We have C. vinaceum plants and habitat on non- weeds, such as Lythrum salicaria carefully examined the best scientific USFS lands between Cloudcroft and (purple loosestrife), which could and commercial information available High Rolls prior to 2007 (USFS 2003, p. dominate Cirsium vinaceum habitat. regarding the past, present, and future 22). Potential solutions for such Lythrum salicaria is a Eurasian species threats faced by C. vinaceum. We accidental misapplication of herbicide that has been modifying wetlands and reviewed the petition, information to C. vinaceum plants are under outcompeting native species in North available in our files, and other development among staff of the New America for many decades (Natural available published and unpublished Mexico Department of Transportation Resources Conservation Service 2006, p. information, and we consulted with and Department of Forestry, New 2). Lythrum salicaria appeared in New recognized C. vinaceum experts and Mexico Natural Heritage Program, Mexico in the 1990s and is extant in the other Federal, State, and tribal agencies. USFS, and the Service (Tonne 2007, p. Mimbres Mountains of Grant County In our review of the status of Cirsium 1). Effects from herbicide use continue and Sandia Mountains of Bernalillo vinaceum, we identified a number of to impact C. vinaceum along highways County. The Sandia Mountains potential threats to this species, and on non-Federal land, but are not occurrence of this invasive weed covers including water diversion, trampling by known to be impacting most sites. Thus, an alkaline spring seep similar to C. livestock and recreationists, predation herbicides are not considered a threat to vinaceum habitats in the Sacramento by livestock and insects, disease; the species now or in the foreseeable Mountains (Sivinski 2006, p. 15). If it inadequacy of regulatory mechanisms, future. also spreads to the Sacramento hybridization; herbicide use, and exotic Mountains, this aggressive wetland weeds. To determine whether these Exotic Weeds weed could impact C. vinaceum habitat. factors individually or collectively put Exotic plant species associated with At the time of listing, it was thought the species in danger of extinction Cirsium vinaceum habitats include that competition with exotics Dipsacus throughout its range, or are likely to do Dipsacus fullonum (teasel), Carduus fullonum and Carduus nutans had so in the foreseeable future, we first nutans (musk thistle), Conium reduced or eliminated populations of considered whether the risk factors maculatum (poison hemlock), Cirsium Cirsium vinaceum at sites where it had significantly affected C. vinaceum, or arvense (Canada thistle), Cirsium formerly grown (52 FR 22933; June 16, were likely to do so in the future. vulgare (bull thistle), Daucus carota 1987). These two weed species have We found natural loss of water, (Queen Anne’s lace), Taraxicum invaded some C. vinaceum sites, but trampling by livestock, predation by officinale (dandelion), Nasturtium they occupy slightly drier habitat (USFS livestock and insects, and the officinale (watercress), Tragopogon 2004, p. 625). Dipsacus fullonum and C. inadequacy of existing regulatory pratensis (salsify), and Verbascum nutans occurrences are being monitored mechanisms to be significant threats to thapsus (mullein) (Huenneke 1996, pp. on USFS lands. At this time, we have no C. vinaceum. We found lack of ensured 146-147; Sivinski 2006, pp. 9-10). Of information suggesting that competition water availability, increased water these, the exotic species that may have among C. vinaceum and these exotic diversion, and the spread of insect the capacity to compete with the C. plants is a significant threat. Similarly, predators by exotic weeds may threaten vinaceum for light and possibly for we have no information establishing C. vinaceum in the foreseeable future. water under drier conditions include D. Conium maculatum, Cirsium arvense, or We also considered the ways in which fullonum, C. nutans, C. vulgare, and C. Cirsium vulgare as immediate threats to the effects of climate change are likely maculatum (Huenneke and Thomson C. vinaceum. However, C. nutans may to exacerbate the impacts caused by the 1995, p. 423; Huenneke 1996, pp. 146- be serving as a vector for Rhinocyllus above factors in the foreseeable future. 147). The presence of these four conicus, the exotic seed head weevil, As a wetland obligate species, Cirsium invasive plant species in and near C. discussed under Factor C (Sivinski vinaceum occurs exclusively at springs, vinaceum habitat has been observed and 2006a, pp. 6, 13; Gardner and seeps, and drainage areas that are often monitored for many years. Of these, Thompson 2008, p. 1). Future widely dispersed and collectively only C. maculatum is an obligate interactions among C. nutans, R. comprise the significant portions of C. wetland species; however, it does not conicus, and C. vinaceum are unclear at vinaceum’s range. Recent declines in appear to compete well with C. this time. Based on possible interactions reproducing C. vinaceum numbers and vinaceum (Barlow-Irick 2005, p. 1). The with water availability, climate change, population sites, combined with the three other weed species require some and preference for similar growth lack of ensured water availability, soil moisture, but cannot tolerate the conditions, these exotic weeds could harmful levels of herbivory and continuously saturated substrates that potentially threaten C. vinaceum in the trampling from noncompliant grazing are typical in C. vinaceum patches on future; however, we do not believe they practices, predation by insects, and the spring habitats. These weeds can grow pose a threat at present. inadequacy of existing regulatory side by side with C. vinaceum in drier In summary for Factor E, we do not mechanisms, lead us to conclude that C. habitat margins and in sediment currently consider hybridization or vinaceum should retain its current deposited by flowing water, where C. herbicide use as threats to the species; listing status as a threatened species. We vinaceum is subirrigated (irrigated from however, these may become threats in have determined that Cirsium vinaceum beneath the ground surface) and the root the future. Similarly, we do not consider is not now in danger of extinction, but systems of these weeds occupy the drier exotic weeds as a threat to the species is likely to become endangered in the surface soils near the surface (Sivinski now; however, they could potentially foreseeable future based on the expected 2006, p. 15). As of September 2007, C. threaten Cirsium vinaceum in the persistence of these threats, including nutans was infesting much of the foreseeable future. increased water diversion and increased Lincoln National Forest and continued insect predation in the foreseeable to mix with C. vinaceum without Finding future. directly impacting the survival of C. As required by the Act, we considered Our evaluation of the five factors does vinaceum through competition (Gardner the five factors in assessing whether not support the assertion that threats and Thompson 2007, p. 8). Cirsium vinaceum is threatened or have been removed or that their

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imminence, intensity, or magnitude has identify only those portions that warrant portion may contribute to resiliency for been reduced sufficiently to prevent further consideration, we determine other reasons—for instance, it may substantial losses of population whether there is substantial information contain an important concentration of distribution or viability of Cirsium indicating that: (1) The portions may be certain types of habitat that are vinaceum. We find that C. vinaceum is significant, and (2) the species may be necessary for the species to carry out its likely to become an endangered species in danger of extinction there or likely to life-history functions, such as breeding, within the foreseeable future throughout become so within the foreseeable future. feeding, migration, dispersal, or all of its range and should remain In practice, a key part of this analysis is wintering. classified as a threatened species. whether the threats are geographically Redundancy of populations may be Therefore, delisting the species as concentrated in some way. If the threats needed to provide a margin of safety for threatened under the Act is not to the species are essentially uniform the species to withstand catastrophic warranted at this time. throughout its range, no portion is likely events. This does not mean that any to warrant further consideration. Significant Portion of the Range portion that provides redundancy is Moreover, if any concentration of necessarily a significant portion of the Having determined that Cirsium threats applies only to portions of the range of a species. The idea is to vinaceum is likely to become species’ range that are not significant, conserve enough areas of the range such endangered within the foreseeable such portions will not warrant further that random perturbations in the system future throughout all or a significant consideration. act on only a few populations. portion of its range, we must next If we identify portions that warrant Therefore, each area must be examined consider whether there are any further consideration, we then based on whether that area provides an significant portions of its range that are determine whether the species is increment of redundancy that is currently in danger of extinction. The threatened or endangered in these important to the conservation of the Act defines an endangered species as portions of its range. Depending on the species. one ‘‘in danger of extinction throughout biology of the species, its range, and the Adequate representation ensures that all or a significant portion of its range,’’ threats it faces, the Service may address the species’ adaptive capabilities are and a threatened species as one ‘‘likely either the significance question or the conserved. Specifically, the portion to become an endangered species within status question first. Thus, if the Service should be evaluated to see how it the foreseeable future throughout all or considers significance first and contributes to the genetic diversity of a significant portion of its range.’’ The determines that a portion of the range is the species. The loss of genetically term ‘‘significant portion of its range’’ is not significant, the Service need not based diversity may substantially not defined by the statute. For the determine whether the species is reduce the ability of the species to purposes of this finding, a significant threatened or endangered there. respond and adapt to future portion of a species’ range is an area that Likewise, if the Service considers status is important to the conservation of the first and determines that the species is environmental changes. A peripheral species because it contributes not threatened or endangered in a population may contribute meaningfully meaningfully to the representation, portion of its range, the Service need not to representation if there is evidence resiliency, or redundancy of the species. determine if that portion is significant. that it provides genetic diversity due to The contribution must be at a level such However, if the Service determines that its location on the margin of the species’ that its loss would result in a decrease both a portion of the range of a species habitat requirements. in the ability to conserve the species. is significant and the species is Based upon factors that contribute to On March 16, 2007, a formal opinion threatened or endangered there, the our analysis of whether a species or was issued by the Solicitor of the Service will specify that portion of the subspecies is in danger of extinction Department of the Interior, ‘‘The range as threatened or endangered throughout all or a significant portion of Meaning of ‘In Danger of Extinction under section 4(c)(1) of the Act. its range, and in consideration of the Throughout All or a Significant Portion The terms ‘‘resiliency,’’ ‘‘redundancy,’’ status of, and threats to, C. vinaceum of Its Range,’’ (USDI 2007c). We have and ‘‘representation’’ are intended to be discussed previously, we find that the summarized our interpretation of that indicators of the conservation value of primary threats to the continued opinion and the underlying statutory portions of the range. Resiliency of a existence of C. vinaceum occur language below. A portion of a species’ species allows the species to recover throughout all of its range. We do not range is significant if it is part of the from periodic disturbance. A species have any data suggesting that the current range of the species and it will likely be more resilient if large identified threats to the species are contributes substantially to the populations exist in high-quality habitat concentrated in any portion of the range representation, resiliency, or that is distributed throughout the range such that C. vinaceum may be in danger redundancy of the species. The of the species in such a way as to of extinction in that portion. Therefore, contribution must be at a level such that capture the environmental variability it is not necessary to conduct further its loss would result in a decrease in the found within the range of the species. A analysis with respect to the significance ability to conserve the species. portion of the range of a species may of any portion of its range. In determining whether a species is make a meaningful contribution to the Conclusion threatened or endangered in a resiliency of the species if the area is significant portion of its range, we first relatively large and contains particularly On the basis of the best scientific and identify any portions of the range of the high-quality habitat, or if its location or commercial information available, we species that warrant further characteristics make it less susceptible find that the magnitude and imminence consideration. The range of a species to certain threats than other portions of of threats indicate that Cirsium can theoretically be divided into the range. When evaluating whether or vinaceum is likely to become an portions in an infinite number of ways. how a portion of the range contributes endangered species within the However, there is no purpose to to resiliency of the species, we evaluate foreseeable future throughout all of its analyzing portions of the range that are the historical value of the portion and range and should remain classified as a not reasonably likely to be significant how frequently the portion is used by threatened species. Therefore, we find and threatened or endangered. To the species, if possible. In addition, the that delisting C. vinaceum is not

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warranted throughout all or a significant ACTION: Extension of public comment MacPherson, USFWS (ph. 904–731– portion of its range at this time. period; Notice of public hearing. 3336, e-mail We request that you submit any new [email protected]), Marta information concerning the status of, or SUMMARY: NMFS and USFWS hereby Nammack, NMFS (ph. 301–713–1401, threats to, Cirsium vinaceum to our New extend the comment period on the fax 301–713–0376, e-mail Mexico Ecological Services Field Office proposed listing of nine distinct [email protected]), or Emily (see ADDRESSES section) whenever it population segments of loggerhead sea Bizwell, USFWS (ph. 404–679–7149, fax becomes available. New information turtles as endangered or threatened, 404–679–7081, e-mail will help us monitor C. vinaceum and which was published on March 16, [email protected]). Persons who encourage its conservation. If an 2010, until September 13, 2010. In use a Telecommunications device for emergency situation develops for C. addition, NMFS and USFWS will hold the deaf (TDD) may call the Federal vinaceum or any other species, we will a public hearing in Berlin, MD, on June Information Relay Service (FIRS) at 1– act to provide immediate protection. 16, 2010 to answer questions and 800–877–8339, 24 hours a day, 7 days receive public comments. a week. References Cited DATES: Comments and information SUPPLEMENTARY INFORMATION: On March A complete list of all references cited regarding this proposed rule must be 16, 2010, NMFS and USFWS issued a in this finding is available upon request received by September 13, 2010. See proposed rule to list nine distinct from the New Mexico Ecological SUPPLEMENTARY INFORMATION for the population segments (DPSs) for the Services Field Office (see FOR FURTHER specific date, time and location of the loggerhead sea turtle (Caretta caretta) INFORMATION CONTACT). public hearing. that qualify as ‘‘species’’ for listing as ADDRESSES: You may submit comments, Author endangered or threatened under the identified by RIN 0648–AY49, by any of Endangered Species Act (ESA), and the The primary authors of this rule are the following methods: • Services proposed to list two as the New Mexico Ecological Services Electronic Submissions: Submit all threatened and seven as endangered. FOR Field Office staff members (see electronic public comments via the NMFS and USFWS subsequently FURTHER INFORMATION CONTACT). Federal eRulemaking Portal: http:// received several requests to extend the www.regulations.gov. public comment period for an Authority • Mail: NMFS National Sea Turtle additional 60–120 days. NMFS and The authority for this action is the Coordinator, Attn: Loggerhead Proposed USFWS have determined that an Endangered Species Act of 1973, as Listing Rule, Office of Protected extension of 90 days, until September amended (16 U.S.C. 1531 et seq.). Resources, National Marine Fisheries 13, 2010, making the full comment Service, 1315 East-West Highway, Room Dated: May 17, 2010 period 180 days, will allow adequate 13657, Silver Spring, MD 20910 or Gregory E. Siekaniec, time for the public to thoroughly review USFWS National Sea Turtle Acting Director, Fish and Wildlife Service. and thoughtfully comment on the Coordinator, U.S. Fish and Wildlife proposed rule. [FR Doc. 2010–12909 Filed 6–1–10; 8:45 am] Service, 7915 Baymeadows Way, Suite NMFS and USFWS received a request Billing Code 4310–55–S 200, Jacksonville, FL 32256. • Fax: To the attention of NMFS for a public hearing to be held in National Sea Turtle Coordinator at 301– Maryland. In response to that request, DEPARTMENT OF INTERIOR 713–0376 or USFWS National Sea the date, time and location of the public hearing is as follows: Fish and Wildlife Service Turtle Coordinator at 904–731–3045. Instructions: All comments received Wednesday, June 16, 2010, 6 p.m. to 9 p.m., Berlin, MD: Worcester County 50 CFR Part 17 are a part of the public record and will generally be posted to http:// Library Ocean Pines Branch, 11107 Cathell Road, Berlin, MD 21811; DEPARTMENT OF COMMERCE www.regulations.gov without change. All Personal Identifying Information (for Meeting Room. example, name, address, etc.) This hearing will be physically National Oceanic and Atmospheric accessible to people with disabilities. Administration voluntarily submitted by the commenter may be publicly accessible. Do not Requests for sign language interpretation or other auxiliary aids 50 CFR Parts 223 and 224 submit Confidential Business Information or otherwise sensitive or should be directed to Sara McNulty, protected information. NMFS, Office of Protected Resources, RIN 0648–AY49 NMFS and USFWS will accept 301–713–2322, at least five business anonymous comments (enter N/A in the days prior to the hearing date. Endangered and Threatened Species; required fields, if you wish to remain Proposed Listing of Nine Distinct Authority: 16 U.S.C. 1531 et seq. anonymous). Attachments to electronic Population Segments of Loggerhead Dated: May 27, 2010. comments will be accepted in Microsoft Sea Turtles as Endangered or James H. Lecky, Word, Excel, WordPerfect, or Adobe Threatened; Extension of Comment PDF file formats only. The proposed Director, Office of Protected Resources, Period National Marine Fisheries Service. rule is available electronically at http:// AGENCY: National Marine Fisheries www.nmfs.noaa.gov/pr. Gary Frazer, Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: Assistant Director for Endangered Species, Atmospheric Administration (NOAA), Barbara Schroeder, NMFS (ph. 301– U.S. Fish and Wildlife Service. Commerce; United States Fish and 713–1401, fax 301–713–0376, e-mail [FR Doc. 2010–13190 Filed 5–27–10; 4:15 pm] Wildlife Service (USFWS), Interior. [email protected]), Sandy BILLING CODE 3510–22–S

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